[Added 7-14-2016 by L.L. No. 2-2016]
A. 
No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered unless in conformity with all of the regulations herein specified for the district in which it is located.
B. 
No building or structure shall hereafter be erected or altered to exceed the height; to accommodate or house a greater number of dwelling units; to occupy a greater percentage of lot area; or to have narrower or smaller rear yards, front yards, side yards or other open spaces than are herein specified for the district in which it is located or in regulations applicable to all districts.
C. 
No part of a yard or open space required about any building or structure for the purpose of complying with this chapter shall be included as part of a yard or open space similarly required for another building or structure.
D. 
Uses not permitted. All uses not specifically permitted in a district by right or permitted upon issuance of a site plan or special permit approval shall be deemed prohibited in that district. A use not clearly addressed by this chapter may have its status determined by an interpretation of the Zoning Board of Appeals, or may be added to this chapter by adoption of a text amendment by the Town Board.
E. 
Existing buildings and uses. This chapter shall not apply to an existing building or structure, nor to the existing use of any building, structure or land to the extent it was legally established or legally used at the time of enactment of this chapter. The terms of this chapter shall apply to any subsequent change in use alterations, extension or movement of a building or structure and to any change in use of land.
F. 
Types of zoning reviews. For purposes of general understanding, a permitted use of structure is allowed in a zone district and does not require discretionary review or approval by any Town board. Permitted uses may require a building permit or certificate of occupancy for certain activities. A variance is a waiver of the applicable use or dimensional controls and requires Zoning Board of Appeals approval. Site plan or special permit reviews are for uses or structure that are allowed, but, due to their nature, necessitate discretionary Board review; such review includes but is not limited to elements of size, site design, intensity or use and character.
G. 
Changes in use (changes in land use). Properties and structures are anticipated by this chapter to periodically change. Changes in ownership or simple occupancy will not normally require Zoning Code review or approval if there are no accompanying physical changes and if there are no changes in land use. A change in land use is a change from one land use to another as defined in this chapter. (Examples include: a retail store changed to an office, a warehouse changed to a wholesale use.) Changes in land use require review and approval as required by this chapter as if there was new or modified construction.
The lot or yard areas required for any new building or use shall not include any part of a lot that is required by any other building or use to comply with the requirements of this chapter. No lot shall be so altered that the area of the lot or the dimensions of yards or other open spaces are smaller than herein prescribed.
Where a permitted building is to be located on the same lot with another permitted building, each such building shall be located in such a way that all required front, side and rear yards, and required lot area can be adequately met.
A. 
The provisions of the Bulk and Use Tables[1] shall not prevent the construction of a one-family dwelling, provided the yard requirements are observed on any lot that was lawful when created, provided the yard requirements then specified are observed, and which prior to the effective date of this chapter was in separate ownership duly recorded by plan or deed.
[1]
Editor's Note: Said tables are included as attachments to this chapter.
B. 
Exemption of lots shown on approved subdivision plats shall be made in accordance with the provision of § 265-a of the New York State Town Law.
A. 
On any corner lot, no wall, fence or other structure shall be erected or altered or no hedge, tree, shrub or other growth except agricultural crops shall be maintained which may cause danger to traffic on public street by obscuring the view. Visual obstructions shall be limited to a height of not more than two feet above street level within the triangular area bounded by the street lines and a straight line drawn between points on each such street line 25 feet from the intersection of said street lines.
B. 
Where a private access way intersects a public street, visual obstructions shall be limited to a height of not more than two feet above street level within the triangular area bounded by the street line, the edge of the private access way, and a straight line drawn between points on both the street line and the edge of the access way 10 feet from the intersection of said lines.
The erection, construction, alteration or maintenance by public utilities or Town or other governmental agencies of underground or overhead gas, electrical or water transmission or distribution systems, communication systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith shall be allowed as reasonably necessary for the furnishing of adequate service by such public utilities or Town or other governmental agencies or for the public health or safety or general welfare, but not including buildings.
In cases where a lot is located in more than one district, all permitted uses and structures shall be contained within the portion of the lot within the district in which each use and/or structure is permitted.
When a new lot is formed so as to include within its boundaries any part of a former lot on which there is an existing building or use, the subdivision must be carried out in such a manner as will not infringe upon any of the provisions of this chapter, either with respect to any existing structures or use or any proposed structures or use.
Maximum height regulations shall not apply to farm buildings, church spires, chimneys, antennae, or other structures built above the roof and not devoted to human occupancy.
A. 
Buildings.
(1) 
Accessory buildings attached to the principal building, except for fences (see § 250-31), shall comply in all respects with the requirements of this chapter applicable to the principal building.
(2) 
Accessory buildings that are not attached to a principal building may be erected in accordance with the following restrictions:
(a) 
No unattached accessory building shall be located nearer to the principal building than 10 feet.[1]
[1]
Editor's Note: Original Subsection A(2)a, concerning accessory buildings and uses in front yards, which immediately preceded this subsection, was repealed 7-14-2016 by L.L. No. 2-2016.
(b) 
The height of an unattached accessory building shall not exceed 35 feet from the peak of the structure to the highest point on the ground on the side nearest the street.
(c) 
An unattached accessory building shall not be a building, structure, or other assemblage of materials designed for, or customarily used as, a principal structure allowed under this chapter; nor shall an unattached accessory structure be a vehicle or a container primarily intended for storage or transportation of goods, animals or people.
(3) 
Fences are not accessory buildings.
(4) 
An accessory building shall not be used for habitation.
B. 
Sewer and/or water lines shall not be extended to an accessory building without the permission of the Onondaga County Health Department.
C. 
Uses. Accessory uses are those customarily incidental and subordinate to the use of the principal building, and no permit shall be required unless specifically required elsewhere in this chapter.
Dumping, piling or accumulation of refuse, garbage (other than in closed containers that are regularly emptied in a lawful manner), waste material, scrap or other noxious substances is prohibited.
A. 
Greenhouses measuring no more than 144 square feet are permitted.
B. 
Greenhouses larger than 144 square feet are governed by the following:
(1) 
Said greenhouse shall be substantially in character with surrounding residences.
(2) 
No principal or accessory structure, for commercial use only, shall be located closer than 30 feet to any side or rear property line.
(3) 
A buffer strip consisting of interlocking trees and foliage shall be provided on all side and rear property lines.
Unregistered non-farm vehicles, including, but not limited to, cars, trucks, trailers, boats and recreational vehicles, are allowed under the provisions below. Functional construction machinery, including, but not limited to, excavators, backhoes, bulldozers and similar machinery are covered by § 250-46 (Outdoor storage of materials and equipment) and are not subject to the requirements of this section.
A. 
Up to one functional, unregistered non-farm vehicle may be stored outdoors.
B. 
A functional, unregistered non-farm vehicle that is stored outdoors in plain sight as viewed from any property line shall be located no less than 50 feet from any property line.
The following restrictions are intended to provide for controlled development and use of the Otisco Lake and Skaneateles Lake shore areas in a manner that protects the character and quality of the Town's surface water and shoreline resources; and, to prevent the overcrowding and overuse of the lakeshore areas and water resources that may result in nuisance conditions, degradation of property values, user conflicts and undesirable impacts on the public health, safety and general welfare. Lakefront access standards shall meet the following conditions:
A. 
Required lake frontage. Each permitted or specially permitted use and/or structure is required to have lake frontage equaling the minimum lot width required in that particular district.
B. 
Application of lake frontage requirement. The required lake frontage shall apply to all lots and parcels located on or abutting either Otisco Lake or Skaneateles Lake, regardless of whether access to either lake is claimed by common-fee ownership, easement, park, single-fee ownership, condominium arrangement, association, license, lease (including ground lease), Planned Development District or other such means.
C. 
Lakefront access via easement, park, etc., (so-called "keyhole development"). No easement, private park, common area, lot or property abutting or adjoining Otisco Lake or Skaneateles Lake shall be used to permit access to either lake for more than one single-family dwelling, two-family dwelling or bed-and-breakfast or any similar use as permitted in each district.
D. 
Lot compliance. A separate waterfront lot shall not be created unless said lot meets the minimum lot width and area standards of the underlying zoning district.
E. 
Lakefront access by clubs. Access to Otisco Lake or Skaneateles Lake by clubs and their membership shall be subject to the special use permit provisions in Article VII and any other relevant provisions of this Code.
A. 
Application procedures. A copy of any application for a building permit, area variance, use variance, special use permit, site plan application, zoning amendment, subdivision sketch plan, preliminary subdivision plat or (final) subdivision plat, occurring partly or wholly within the Skaneateles Lake Watershed, shall be submitted simultaneously with its submission to the Town, to the City of Syracuse pursuant to the City's Watershed Regulations, § 131.1 of Part 131, Title 10 of the Official Compilation of Codes, Rules and Regulations of the State of New York. Such submission shall be the applicant's responsibility.
B. 
The City of Syracuse shall be considered an involved agency for purposes of the State Environmental Quality Review Act and shall be entitled to participate as a party in any proceeding before the Town Board, Planning Board or Zoning Board of Appeals.
C. 
The reviewing board or Code Enforcement Officer shall incorporate all conditions and mitigation measures recommended by the City to ensure compliance with the City's Watershed Regulations. No variance from this subsection may be granted by the Zoning Board of Appeals unless a variance has first been obtained from the Commissioner of the Onondaga County Department of Health, as provided in the City's Watershed Regulations.
D. 
The Town shall send the City copies of all permits or approvals granted by the Town pursuant to this section, including the rationale for granting such permits and all conditions and mitigation measures imposed. The Town shall also send the City copies of all denials of permits or approvals, including any reasons given for such denials. This subsection shall not apply to actions taken on building permits or subdivision sketch plans.
A. 
Applicability.
(1) 
Town Board action. All uses subject to the requirements of this section may be established and maintained if their operation is approved by the Town Board as being in conformance with the standards and regulations limiting dangerous and objectionable elements, such as dust, smoke, odor, fumes, noise or vibration. In approving the site plan, the Town Board shall decide whether the proposed use will conform to these applicable performance standards or any additional performance standards required by state or federal laws or which are generally recognized performance standards for a given industry.
(2) 
All uses subject to site plan review must comply with the performance standards established in this section.
B. 
In addition, if the Code Enforcement Officer has reasonable grounds to believe that any other existing or proposed use violates any of the performance standards, such proposed use may be required to certify compliance with these performance standards or such existing use may be cited for violation of this chapter.
C. 
Agricultural uses within state certified, county managed agricultural districts are not subject to the performance standards outlined in this chapter.
D. 
Performance standards procedures.
(1) 
The Code Enforcement Officer as part of the sketch plan conference shall tentatively identify whether a proposed use will be required to certify compliance with any of the performance standards listed in this section. Certification may require signing a written statement or presentation of construction detail and a description of the specifications for the mechanisms and techniques to be used in restricting the emissions of any dangerous and objectionable elements. The applicant shall also file with such plans and specifications an affidavit acknowledging understanding and stating agreement to conform to the same at all times. Any information that is designated by the applicant as a trade secret and submitted herewith will be treated as confidential under provisions of the New York State Freedom of Information Law. During the course of Site Plan Review, the Town Board will determine if the applicant's proposal falls within the performance standards.
(2) 
Vibration.
(a) 
No vibration shall be produced that is transmitted through the ground and is discernible without the aid of instruments at or beyond the lot lines, nor shall any vibrations produced exceed 0.002g peak at up to a frequency of 50 cycles per second, measured at or beyond the lot lines using either seismic or electronic vibration measuring equipment.
(b) 
Vibrations occurring at higher than a frequency of 50 cycles per second or a periodic vibration shall not induce accelerations exceeding 0.001 g. single impulse periodic vibrations occurring at an average interval greater than five minutes shall not induce accelerations exceeding 0.01 g.
(3) 
Noise.
(a) 
The maximum permissible sound level radiated by any use or facility at any lot lines shall not exceed the values in the designated octave bands given in Table I. The sound-pressure level shall be measured with a sound level meter and associated octave-band analyzer conforming to standards prescribed by the American Standards Association. (American Standard Sound-Level Meters for Measurement of Noise and Other Sound, Z24.3-1944, American Standards Association, Inc., New York, and American Standard Specifications for an Octave-Bank Filter Set for the Analysis of Noise and Other Sound, Z24.10-1953, American Standards Association, Inc., New York, New York, shall be used.)
Table I
Frequency Band
(cycles per second)
Maximum Permitted Sound-Pressure Level
(decibels)
0 to 75
69
75 to 150
60
150 to 300
56
300 to 600
51
600 to 1,200
42
1,200 to 2,400
40
2,400 to 4,800
38
4,800 to 10,000
35
(b) 
The maximum permissible sound level limits set forth in Table I shall not apply to any of the following noise sources:
[1] 
Sound needed to alert people about an emergency.
[2] 
Repair or installation of utilities or construction of structures or streets between the hours of 7:00 a.m. and 9:00 p.m., except for emergency repairs that are not restricted by time.
[3] 
Household power tools and lawnmowers between the hours of 7:00 a.m. and 9:00 p.m.
[4] 
Motor vehicles operating on a public street or road.
[5] 
Public celebrations authorized by a local, state or federal agency or body.
(4) 
Smoke. The density emission of smoke or any other discharge into the atmosphere during normal operations shall not exceed visible gray smoke of a shade equal to or darker than No. 2 on the standard Ringelmann Chart. (A Ringelmann Chart is a chart published by the United States Bureau of Mines, which shows graduated shades of gray for use in estimating the light-obscuring capacity of smoke.) These provisions applicable to visible gray smoke shall also apply to visible smoke of a different color but with an apparent equivalent capacity.
(5) 
Odor. Recurrently generated offensive odors shall not be perceptible by a person of ordinary sensitivity, without instruments, at any point of any boundary line of the lot or lots on which the use or structure is located. Odors from approved temporary construction activities and vehicles that leave the lot (such as trucks, trains, airplanes and helicopters) are excluded. Any process that may involve the creation or emission of any odors shall be provided with a secondary safeguard system so that control will be maintained if the primary safeguard system should fail. Odors shall be within the limit of any federal or state standards.
(6) 
Fly ash, dust, fumes, vapors, gases and other forms of air pollution. No emission shall be permitted that can cause any damage to health, animals, vegetation or other forms of property or that can cause any excessive soiling at any point beyond the boundaries of the lot. The concentration of such emission on or beyond any lot line shall not exceed 0.1 the maximum allowable concentration set forth in § 12-29 of the Board of Standards and Appeals of the New York State Department of Labor, effective October 1, 1956, and any subsequent standards.
(7) 
Electromagnetic radiation. It shall be unlawful to operate or cause to be operated any planned or intentional source of electromagnetic radiation that does not comply with the current regulations of the Federal Communications Commission regarding such sources or electromagnetic radiation, except that, for all governmental regulations regarding such sources of electromagnetic radiation of the Interdepartment Radio Advisory Committee shall take precedence over the regulations of the Federal Communications Commission. Further, said operation in compliance with the federal regulations shall be unlawful if such radiation causes an abnormal degradation in performances of other electromagnetic radiators or electromagnetic receptors of quality and proper design because of proximity, primary field, blanketing, spurious reradiation, harmonic content or modulation of energy conducted by power or telephone lines. The determination of abnormal degradation in performance and of quality and proper design shall be made in accordance with good engineering practices, as defined in the latest principles and standards of the American Institute of Radio Engineers and the Electronic Industries Association. In case of any conflict between the latest standards and principles of the above groups, the following precedence in interpretation of the standards and principles shall apply: American Institute of Electrical Engineers; Institute of Radio Engineers; and Electronic Industries Association.
(8) 
Radioactive; radiation. No activities shall be permitted that emit dangerous radioactivity at any point beyond the property lines. The handling of such radioactive materials, the discharge of such materials into the air and water and the disposal of radioactive wastes shall be in conformance with the regulations of the Nuclear Regulatory Commission, as set forth in Title 10, Chapter 1, Part 20, as amended, and all applicable regulations of the State of New York.
(9) 
Heat. Heat emitted at any or all points shall not at any time cause a temperature increase on any adjacent property in excess of 5° F., whether such change is in the air or on the ground, in a natural stream or lake or in any structure on such adjacent property.
(10) 
Glare.
(a) 
Direct glare. No such direct glare shall be permitted, with the exception that parking areas and walkways may be illuminated by luminaries so hooded or shielded that the maximum angle of the cone of direct illumination shall be 60° drawn perpendicular to the ground, and with the exception that such angle may be increased to 90° if the luminary is less than four feet above ground.
(b) 
Indirect glare. Indirect glare shall not exceed that value that is produced by an illumination of the reflecting surface, not to exceed 0.3 footcandle (maximum) and 0.1 footcandle (average). Deliberately induced sky-reflected glare, as by casting a beam upward for advertising purposes, is specifically prohibited.
(11) 
Liquid or solid waste. No discharge shall be permitted at any point into a public sewer, stream or other waterbody, on or beneath a watershed or into the ground, except in accordance with applicable state and local regulations, of any materials of such nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous or offensive elements. There shall be no accumulation of solid wastes conductive to the breeding of rodents or insects.
(12) 
Stormwater. For all developments disturbing more than one acre, the New York State Department of Environmental Conservation (NYSDEC) requires that municipalities receive a copy of the Stormwater Pollution Prevention Plan (SWPPP) prior to plan approval. Owner is required to comply with the NYSDEC's "SPDES General Permit for Stormwater Discharge from Construction Activity" Permit No. GP-0-08-001, or as amended.
A. 
Authority. Pursuant to the authority granted by Subdivisions (a)(12) and (d)(3) of the Municipal Home Rule Law § 10, Subdivision (1)(iii) and Municipal Home Rule Law § 22, and to the extent that the Town Law of the State of New York does not authorize the Town Board, Town Planning Board or Zoning Board of Appeals to require the reimbursement to the Town of expenses incurred by the Town in connection with the professional review of applications for land use approvals, it is the expressed intent of the Town Board to change and supersede such statutes. More particularly, such statutes do not authorize the deferral or withholding of such approvals in the event such expenses are not paid to the Town. It is the expressed intent of the Town Board to change and supersede Town Law §§ 64, Subdivision 17-a, 264, 265, 267, 267-a, 267-b, 274-a, 274-b, 276, 277, 278, and 280-a to empower the Town to require such payment as part of the approval process.
B. 
Retention of professional services; reimbursement by applicant.
(1) 
Professional services.
(a) 
The Town may hire any consultant and/or expert necessary to assist the Town in reviewing a land use application, including, but not limited to, technical or engineering consultants or legal counsel.
(b) 
Except as otherwise provided in the Code, if, prior to the completion of a review of a land use application, the Town discovers the need to retain consultant and/or expert services, the applicant shall deposit with the Town funds sufficient to reimburse the Town for the reasonable costs of consultation and/or evaluation in connection with review of the application. The Town will maintain a separate escrow account for such funds.
(c) 
Upon receipt of such funds, the Town Clerk shall cause the money to be placed in an account in the name of the Town and shall keep a separate record of all money so deposited and the name of the applicant and the project for which the sums were deposited.
(d) 
The Town's consultants and experts shall invoice the Town for services rendered in reviewing the application. The Town shall furnish a copy of each invoice received to the applicant upon receipt of the invoice by the Town.
(e) 
The Town shall review and audit all invoices received and shall approve payment only of such fees as are reasonable in amount and necessarily incurred by the Town in connection with a review of a land use application. For purposes of this chapter, a fee is reasonable in amount if it bears a reasonable relationship to the average charge by such an expert to the Town or others for services performed in connection with the review of a project similar to that involved in the land use application. In this regard, the Town may take into consideration the size and type of project involved in the land use application and any special conditions or considerations as the Town may deem relevant in connection with review of the particular land use application.
(f) 
Contracts for the retention of experts shall be let pursuant to the purchasing policy of the Town unless the contract is one that must be competitively bid.
(2) 
After payment of all outstanding invoices, any funds held by the Town upon completion of a review of a land use application shall be returned to the applicant.
C. 
Exception. Notwithstanding anything to the contrary contained in this section, an applicant or developer shall not be required to reimburse the Town for any part of a fee incurred by the Town for services performed in connection with matters, including but not limited to those resulting from complaints by third parties, as to which the Town determines the applicant had no responsibility or were beyond the reasonable control of the applicant.[1]
[1]
Editor's Note: Original Sec. 7-19, Unsafe buildings, which immediately followed, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See now § 94-8.
A. 
Any excavation or filling in excess of one acre, including removal of topsoil, shall require site plan review by the Town Board in accordance with the requirements of Article XIII.
B. 
Placement of fill must be in accordance with a Town Board approved site plan, particularly sections in relation to drainage, erosion control and flood hazard prevention. Installation or improvement of natural or constructed drainage channels may be required to assure adjacent property owners are not negatively impacted by fill activities.
C. 
Any grade alteration, which involves removal of vegetation, but no built improvements on an area greater than one acre, shall be seeded to provide an effective cover crop within the first season after initiation of the grade change operation.
D. 
Only unregulated fill materials, such as uncontaminated soil, asphalt, brick, stone, concrete, glass and organic debris from the premises may be used in such fill activities.
A. 
No material of any kind shall be stored outdoors in any zoning district, except a one- or two-family lot, unless:
(1) 
Allowed as part of an approved site plan;
(2) 
Used in the construction or alteration of a structure on the same lot or in the same development and stored for not more than one year or not more than 60 days after completion of construction, whichever is less;
(3) 
Such outdoor storage is limited to machinery, equipment or supplies essential to the operation of a farm or storage of any products grown on the premises of a farm or nursery;
(4) 
The property is located in a state certified, county managed agricultural district and the storage is expressly allowed by New York State Agricultural and Markets Law; or
(5) 
Such outdoor storage is limited to functional machinery, equipment or supplies essential to the operation of a business or hobby.
(6) 
Such outdoor storage shall be located not less than 100 feet from an adjacent residence, and when viewed in plain sight from any property line, such outdoor storage shall be located not less than 50 feet from any property line.
B. 
All enclosed storage shall be within structures, that meet the requirements of the New York State Uniform Fire Prevention and Building Code. Storage of and in manufactured homes not connected to public utilities or tractor-trailer bodies is not allowed in any district.
C. 
Outdoor storage shall, to the extent practicable, be located behind a fence or vegetative screen to shield such storage from view.
Except as discussed in § 250-67, manufactured homes shall be permitted in every district in the Town in accordance with the following requirements:
A. 
All manufactured homes shall have skirting and a foundation that conforms to the manufacturer's requirements and the New York State Building Code.
B. 
All manufactured homes shall have a minimum roof pitch of 4:12.
C. 
All manufactured homes shall have a minimum width of 24 feet and a minimum length of 40 feet.
D. 
All manufactured homes shall be considered single-family residences and shall comply with the requirements for single-family residences as set forth in the bulk use tables contained in the Appendix,[1] as well as any other applicable provisions in this Code.
[1]
Editor's Note: Said tables are included as attachments to this chapter.
[Added 7-12-2012 by L.L. No. 2-2012]
A. 
The following uses and activities (being respectively defined below) are hereby expressly and explicitly prohibited in each and every zoning district within the Town, and no building or structure shall be created, altered or erected, and no body of water, land or building thereon shall be used, for any of such uses or activities:
(1) 
Land application facility;
(2) 
Natural gas and/or petroleum exploration activities;
(3) 
Natural gas and/or petroleum extraction activities;
(4) 
Natural gas and/or petroleum extraction, exploration or production wastes disposal/storage facility;
(5) 
Natural gas and/or petroleum extraction, exploration or production wastes dump;
(6) 
Natural gas compression facility;
(7) 
Natural gas processing facility;
(8) 
Non-regulated pipelines;
(9) 
Underground injection; and
(10) 
Underground natural gas storage.
B. 
Any condition caused or permitted to exist in violation of this § 250-48A is a threat to public health, safety and welfare, and is hereby declared and deemed to be a nuisance. Collectively the above expressly prohibited uses may be referred to in this chapter as "explicitly prohibited uses," any one of the above expressly prohibited uses may be referred to in this chapter as an "explicitly prohibited use," and any combination of more than one such use may also be referred to as "explicitly prohibited uses."
C. 
Prohibition against natural gas and/or petroleum extraction, exploration or production wastes.
(1) 
The Town of Spafford hereby exercises its authority and right under NY ECL § 27-0711 to adopt a local law that is consistent with the Environmental Conservation Law Article 27, such consistency demonstrated by the fact that this chapter complies "with at least the minimum applicable requirements" set forth in such statute, and the rules and regulations promulgated pursuant to said Article 27.
(2) 
It shall be unlawful for any person to produce, store, inject, discard, discharge, dispose, release, or maintain, or to suffer, cause or permit to be produced, stored, injected, discarded, discharged, disposed, released, or maintained, anywhere within the Town, any natural gas and/or petroleum extraction, exploration or production wastes.
D. 
No application to customary local distribution lines, etc. The prohibitions set forth above in this section, are not intended, and shall not be construed, to: 1) prevent or prohibit the right to use roadways in commerce or otherwise for travel; 2) prevent or prohibit the transmission of natural gas through utility pipes, lines, or similar appurtenances for the limited purpose of supplying natural gas to residents of or buildings located in the Town; or 3) prevent or prohibit the incidental or normal sale, storage, or use of lubricating oil, heating oil, gasoline, diesel fuel, kerosene, or propane in connection with legal farm, residential, business, commercial, and other uses within the Town. This language would not prohibit a farm from legally moving gas.
E. 
Defined terms. For purposes hereof, and in addition to the terms defined in § 250-5 of this chapter, the following terms shall have the meanings respectively set forth below:
BELOW-REGULATORY CONCERN
Radioactive material in a quantity or of a level that is distinguishable from background (as that phrase is defined at 10 CFR 20.1003), but which is below the regulation threshold established by any regulatory agency otherwise having jurisdiction over such material in the Town.
GATHERING LINE, OR PRODUCTION LINE
Any system of pipelines (and other equipment such as drip stations, vent stations, pigging facilities, valve boxes, transfer pump station, measuring and regulating equipment, yard and station piping, and cathodic protection equipment), used to move oil, gas, or liquids from a point of production, treatment facility or storage area to a transmission line, that is exempt from the Federal Energy Regulatory Commission's jurisdiction under § 1(b) of the Natural Gas Act, and that does not meet the definition of a "Major utility transmission facility" under the Public Service Law of New York, Article 7, § 120, Subdivision 2(b).
INJECTION WELL
A bored, drilled or driven shaft whose depth is greater than the largest surface dimension, or a dug hole whose depth is greater than the largest surface dimension, through which fluids (which may or may not include semi-solids) are injected into the subsurface and less than 90% of such fluids return to the surface within a period of 90 days.
LAND APPLICATION FACILITY
A site where any Natural Gas and/or Petroleum Extraction, Exploration or Production Wastes are applied to the soil surface or injected into the upper layer of the soil.
NATURAL GAS
Methane and any gaseous substance, either combustible or non-combustible, that is produced in a natural state from the earth and that maintains a gaseous or rarefied state at standard temperature and pressure conditions, and/or gaseous components or vapors occurring in or derived from petroleum or other hydrocarbons.
NATURAL GAS AND/OR PETROLEUM EXPLORATION ACTIVITIES
Geologic or geophysical activities related to the search for natural gas, petroleum or other subsurface hydrocarbons including prospecting, geophysical and geologic seismic surveying and sampling techniques, but only to the extent that such activities involve or employ core, rotary, or any other type of drilling or otherwise making any penetration or excavation of any land or water surface in the search for and evaluation of natural gas, petroleum, or other subsurface hydrocarbon deposits.
NATURAL GAS AND/OR PETROLEUM EXTRACTION ACTIVITIES
The digging or drilling of a well for the purposes of exploring for, developing or producing natural gas, petroleum or other subsurface hydrocarbons, including without limitation any and all forms of shale fracturing.
NATURAL GAS AND/OR PETROLEUM EXTRACTION, EXPLORATION OR PRODUCTION WASTES
Any of the following in any form, and whether or not such items have been excepted or exempted from the coverage of any federal or state environmental protection laws, or have been excepted from statutory or regulatory definitions of "industrial waste," "hazardous," or "toxic," and whether or not such substances are generally characterized as waste: a) below-regulatory concern radioactive material, or any radioactive material that is not below-regulatory concern, but that is in fact not being regulated by the regulatory agency otherwise having jurisdiction over such material in the Town, whether naturally occurring or otherwise, in any case relating to, arising in connection with, or produced by or incidental to the exploration for, the extraction or production of, or the processing, treatment, or transportation of, natural gas, petroleum, or any related hydrocarbons; b) natural gas or petroleum drilling fluids; c) natural gas or petroleum exploration, drilling, production or processing wastes; d) natural gas or petroleum drilling treatment wastes (such as oils, frac fluids, produced water, brine, flowback, sediment and/or any other liquid or semi-liquid material); e) any chemical, waste oil, waste emulsified oil, mud, or sediment that was used or produced in the drilling, development, transportation, processing or refining of natural gas or petroleum; f) soil contaminated in the drilling, transportation, processing or refining of natural gas or petroleum; g) drill cuttings from natural gas or petroleum wells; or h) any other wastes associated with the exploration, drilling, production or treatment of natural gas or petroleum. This definition specifically intends to include some wastes that may otherwise be classified as "solid wastes that are not hazardous wastes" under 40 CFR 261.4(b). The definition of "natural gas and/or petroleum extraction, exploration or production wastes" does not include: i) recognizable and non-recognizable food wastes, or ii) waste generated by farm use.
NATURAL GAS AND/OR PETROLEUM EXTRACTION, EXPLORATION OR PRODUCTION WASTES DISPOSAL/STORAGE FACILITY
Any of the following:
(1) 
Tanks of any construction (metal, fiberglass, concrete, etc.);
(2) 
Impoundments;
(3) 
Pits;
(4) 
Evaporation ponds; or
(5) 
Other facilities, in any case used for the storage or treatment of natural gas and/or petroleum extraction, exploration or production wastes that:
(a) 
Are being held for initial use,
(b) 
Have been used and are being held for subsequent reuse or recycling,
(c) 
Are being held for treatment, or
(d) 
Are being held for storage.
NATURAL GAS AND/OR PETROLEUM EXTRACTION, EXPLORATION OR PRODUCTION WASTES DUMP
Land upon which natural gas and/or petroleum extraction, exploration or production wastes, or their residue or constituents before or after treatment, are deposited, disposed, discharged, injected, placed, buried or discarded, without any intention of further use.
NATURAL GAS COMPRESSION FACILITY
Those facilities or combination of facilities that move natural gas or petroleum from production fields or natural gas processing facilities in pipelines or into storage; the term shall include equipment for liquids separation, natural gas dehydration, and tanks for the storage of waste liquids and hydrocarbon liquids.
NATURAL GAS PROCESSING FACILITY
Those facilities that separate and recover natural gas liquids (NGLs) and/or other non-methane gases and liquids from a stream of produced natural gas, using equipment for any of the following: cleaning or stripping gas, cooking and dehydration, residual refinement, treating or removing oil or condensate, removing water, separating NGLs, removing sulfur or carbon dioxide, fractionation of NGLs, or the capture of COz separated from natural gas streams.
NON-REGULATED PIPELINES
Those pipelines that are exempt or otherwise excluded from regulation under federal and/or state laws regarding pipeline construction standards or reporting requirements. Specifically includes production lines and gathering lines.
PIPELINE
All parts of those physical facilities through which petroleum, gas, hazardous liquids, or chemicals move in transportation (including pipes, valves and other equipment and appurtenances attached to pipes and other equipment such as drip stations, vent stations, pigging facilities, valve boxes, transfer pump stations, measuring and regulating equipment, yard and station piping, and cathodic protection equipment), whether or not laid in public or private easement or private right-of-way within the Town. This includes, without limitation, gathering lines, production lines, and transmission lines.
RADIATION
The spontaneous emission of particles (alpha, beta, neutrons) or photons (gamma) from the nucleus of unstable atoms as a result of radioactive decay.
RADIOACTIVE MATERIAL
Material in any form that emits radiation, but only if such material has been moved from its naturally occurring location through an industrial process. Such material is "radioactive material" for purposes hereof, whether or not it is otherwise exempt from licensing and regulatory control pursuant to the NYS Department of Labor, the US Nuclear Regulatory Commission, the US Environmental Protection Agency, the US Department of Energy, the US Department of Transportation, or any other regulatory agency.
SUBSURFACE
Below the surface of the earth, or of a body of water, as the context may require.
TRANSMISSION LINE
A pipeline that transports oil, gas, or water to end users as a public utility and that is subject to regulation either by:
(1) 
The Federal Energy Regulatory Commission's jurisdiction under § 1(b) of the Natural Gas Act;[1] or
(2) 
As a "major utility transmission facility" under the Public Service Law of New York, Article 7, § 120, Subdivision 2(b).
UNDERGROUND INJECTION
Subsurface emplacement of natural gas and/or petroleum extraction, exploration or production wastes by or into an injection well.
UNDERGROUND NATURAL GAS STORAGE
Subsurface storage, including in depleted gas or oil reservoirs and salt caverns, of natural gas that has been transferred from its original location for the primary purpose of load balancing the production of natural gas. Includes compression and dehydration facilities, and pipelines.
[1]
Editor's Note: See 15 U.S.C.A. § 717(b).
[Added 7-12-2012 by L.L. No. 2-2012]
A. 
Notwithstanding any provision of this section to the contrary, any natural gas and/or petroleum extraction activities that are being conducted in the Town as of the effective date of this section shall be subject to the following:
(1) 
If, as of the effective date of this section, substantive natural gas and/or petroleum extraction activities are occurring in the Town, and those activities are in all respects being conducted in accordance with all applicable laws and regulations, including without limitation all valid permits required to be issued by the New York State Department of Environmental Conservation ("DEC") and all other regulating agencies for such activities, then and only then such Activity shall be considered a preexisting, nonconforming use and shall be allowed to continue, subject, however, to the provisions of Subsections B and C.
(2) 
Natural gas and/or petroleum extraction activities that are being conducted in the Town as of the effective date of this section and that do not qualify for treatment under the preceding Subsection A(1) shall not be grandfathered, and shall in all respects be prohibited as contemplated by Article VI hereof.
B. 
Upon the depletion of any well that is allowed to remain in operation after the effective date of this section by virtue of Subsection A(1), or upon any other substantive cessation of natural gas and/or petroleum extraction activities (otherwise grandfathered by virtue of Subsection A(1), for a period of more than 12 months, then and in such event the nonconforming use status of such activity shall terminate, and thereafter such natural gas and/or petroleum extraction activities shall in all respects be prohibited as contemplated by § 250-48A hereof.
C. 
Notwithstanding any provision hereof to the contrary, the preexisting, non- conforming status conferred and recognized by Subsection A(1), is not intended, and shall not be construed, to authorize or grandfather any natural gas and/or petroleum extraction activities extending beyond whatever well bore is authorized in any DEC permit in existence as of the effective date of this chapter. Any expansion or attempted or purported expansion shall not be grandfathered under Subsection A(1), and instead shall in all respects be prohibited as contemplated hereof.
[Added 7-12-2012 by L.L. No. 2-2012]
Any person who violates or is accessory to the violation of any provisions of §§ 250-48 and 250-49 hereof, which shall include without limitation any person who owns, occupies or uses any building, structure or premises that is in violation of any provision of §§ 250-48 and 250-49 hereof, shall be guilty of an unclassified misdemeanor as contemplated by Article 10 and § 80.05 of the NYS Penal Law, and, upon conviction thereof, shall be punishable by a fine of not more than $2,500 or imprisonment for not more than 10 days, or both, for the first offense. Any subsequent offense within a three-month period shall be punishable by a fine of not more than $5,000 or imprisonment for a period of not more than 30 days, or both. For purposes of this section, each week (or portion thereof) that a violation of §§ 250-48 and 250-49 of this chapter exists shall constitute a separate and distinct offense.
[Added 3-9-2017 by L.L. No. 1-2017[1]]
Short-term rental properties are subject to the following rules and regulations:
A. 
120-day maximum. The owner of a one-family or two-family dwelling may, subject to all terms and conditions of the Zoning Code of the Town of Spafford, rent the dwelling as a short-term rental property for a term or terms of anywhere between one and 120 days, but in no event shall an owner be allowed to rent the dwelling as a short-term rental property for more than 120 total days per calendar year. For purposes of this section, a calendar year runs from January 1st through December 31st.
B. 
Maximum occupancy. The maximum occupancy of any short-term rental property shall be three people per bedroom, as that term is defined by § 202 of the New York State Property Maintenance Code, plus two additional people. For example, if the short-term rental property contains two bedrooms, the maximum occupancy of said dwelling would be eight people.
C. 
Violations. An owner of a short-term rental property violates this section whenever:
(1) 
The owner rents the dwelling as a short-term rental property for greater than 120 total days per calendar year, as provided by Subsection A of this section;
(2) 
The owner rents the dwelling as a short-term rental property without completing a registration form and/or remitting payment of all applicable fees pursuant to Subsection E of this section;
(3) 
The overnight occupancy of the short-term rental property exceeds the applicable maximum occupancy as set forth in Subsection B of this section;
(4) 
During a rental term, the individuals occupying the dwelling are cited for one or more violations of § 250-43 of this article, including, but not limited to, violations for excessive noise, smoke and/or odor;
(5) 
The short-term rental property is cited for a violation of Chapter 3 of the New York State Property Maintenance Code.
D. 
Nonresidential uses prohibited. A short-term rental property shall not be rented for any commercial purpose, or any other purpose not expressly permitted under this section, such as concerts or weddings.
E. 
Registration of short-term rental properties; fees. All owners of one or more short-term rental properties must complete a registration form, a copy of which is attached hereto as Exhibit "A,[2]" and are required to pay an annual registration fee of $100.
(1) 
The initial registration fee shall be submitted along with the registration form, and for each subsequent year that the owner intends to rent the dwelling as a short-term rental property, annual registration fees shall be due and payable upon the anniversary date of the filing of the initial registration form.
(2) 
If an owner intends to rent more than one dwelling within the Town as a short-term rental property, a separate registration fee must be paid for each dwelling.
(3) 
The Town Board may, from time to time, modify by resolution the registration form and/or the registration fee.
[2]
Editor's Note: Said registration form is available in the Town office.
F. 
Enforcement. The Code Enforcement Officer of the Town of Spafford shall have the authority to determine whether the owner of a short-term rental property has violated this section, and to enforce his or her determinations pursuant to Article III of the Zoning Code of the Town of Spafford. Violations of this section may be determined by the Code Enforcement Officer's firsthand observations, or after an investigation upon a complaint from a resident of the Town of Spafford. Complaints must be in writing, and include the date, time and nature of the alleged violation as well as the address where the alleged violation occurred.
G. 
Suspension or revocation of registration after multiple violations. If the owner(s) of a short-term rental property are found to have violated any provision of this section on two or more occasions, the Code Enforcement Officer shall have the authority to suspend or revoke the registration of any short-term rental property where such violations have occurred.
H. 
Appeals. Upon receipt of a determination of the Code Enforcement Officer pursuant to this section and Article III of the Zoning Code of the Town of Spafford, the short-term rental property owner shall have the right to appeal said determination within 30 days. The appealing owner shall make a written request for a hearing to the Town Clerk, and the Town Board shall hear the appeal at its next regular meeting, during which time the decision of the Code Enforcement Officer shall be stayed. At the hearing, the Town Board shall accept evidence offered by the property owner, the Code Enforcement Officer and any other witness with relevant evidence. After the hearing, the Town Board shall decide the appeal, and, in so doing, may uphold the Code Enforcement Officer's decision, reject it, or modify it.
I. 
Fines and penalties. Notwithstanding any other provision of the Zoning Code of the Town of Spafford related to fines and penalties for violations of said Code, any violation of this section shall constitute an offense punishable by a fine of up to $250. Each day for which such violation occurs shall constitute a separate offense. In addition, the Town may pursue such other remedies as provided by law to abate any violation of this section.
J. 
Compliance with tax laws. All owners offering a short-term rental must comply with all applicable local, state and federal tax requirements.
[1]
Editor's Note: L.L. No. 1-2017 also provided the following:
Section 3: Sunset/Amortization
3-1. Preexisting, non-conforming rentals of one-family and two-family dwellings that predate the enactment of this Local Law, which amends the Zoning Code of the Town of Spafford to limit the short-term rental of such, dwellings to one hundred twenty (120) days per calendar year and to require the owner(s) of such short-term rental properties to register with the Town, shall conform Section 7-24 of the Zoning Code [see now § 250-51] of the Town of Spafford, as amended by this Local Law, within five (5) years from the date of its passage. This is intended as a sunset/amortization provision.
3-2. The Planning Board of the Town of Spafford may grant an extension of time allowing the owner(s) of a one-family or two-family dwelling to continue the preexisting, non-conforming rental of the property after the conclusion of the five (5) year amortization period described in Section 3-1 of this Local Law, provided that the owner(s) prove that, due to specific circumstances, such amortization period is unreasonable and will result in a substantial loss of investment. In order to secure an extension of time, the owner(s) must submit to the Planning Board a written request for such extension at least sixty (60) days prior to the expiration of the amortization period, together with relevant, credible documentary evidence supportive of their request, such as financial statements and tax records. In making its determination, the Planning Board shall consider, among any other relevant factor:
i. the nature of the non-conforming rental property;
ii. the cost of converting to a conforming short-term rental property;
iii. the amount and nature of the investment in the non-conforming rental dwelling;
iv. the detriment caused by the non-conforming rental;
v. the character of the neighborhood;
vi. the good faith efforts of the owner(s) to have amortized the cost of the investment during the course of the amortization period provided by Section 3-1 of this Local Law.