A.
Intent. The Town recognizes that accessory apartments can provide
an important housing alternative for aging parents and other family
members in need of housing. These accessory units shall not be used
as rental units for supplemental income.
B.
Regulations.
(1)
Accessory apartments must be located entirely within the principal
building. Only one accessory apartment is allowed per one-family dwelling.
The accessory apartment may not result in a significant change to
the exterior architecture of the building in which it is located.
The Code Enforcement Officer is responsible for determining what constitutes
a significant change. An accessory apartment may be located in an
accessory building at the discretion of the Planning Board; the lot
size will be the determining factor.
(2)
Accessory apartments may be located only on owner-occupied lots.
(3)
The usable floor area of an accessory apartment shall have a minimum
of 400 square feet and a maximum of 800 square feet, except that the
area of the accessory apartment shall not exceed 25% of the usable
floor area of the main building.
(4)
Changes to the residential architecture necessary to accommodate
the accessory apartment are limited to those necessary to provide
bathroom and kitchen facilities, and the resulting arrangement must
not divide the dwelling or give the appearance of dividing the dwelling
into two separate dwelling units capable of independent occupancy.
(5)
A certificate of occupancy from the Code Enforcement Officer is required
on an annual basis.
A.
Adult entertainment establishments shall be subject to the following
additional regulations:
(1)
No adult use shall be permitted in any building used in whole or
in part for residential purposes.
(2)
No more than one adult entertainment establishment shall be permitted
on any lot, and no such use shall be permitted within 1,500 feet of
any other such use.
(3)
No adult entertainment establishments shall be permitted on any lot
that is located within 1,500 feet of any lot on which is located a
residential use, school, religious institution, cemetery, community
center, day-care center, public park, playing field, bike path, or
other public recreational facility.
(4)
No adult entertainment establishments shall be conducted in any manner
that allows the observation of any material depicting, describing
or relating to any sexual act or any part of the anatomy from any
public way or from any other property. This provision shall apply
to any display, decoration, sign, show, window, or other opening.
(5)
There shall be no outdoor sign, display or advertising of any kind
other than an identification sign limited to the name of the establishment.
(6)
Adult entertainment establishments shall comply with all other requirements
of this chapter, as well as all other applicable Town, county, state
and federal laws and regulations.
B.
The distances provided in Subsection A above shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the parcel lot line upon which the adult entertainment establishment is to be located to the nearest point of the parcel lot line or the land use district boundary line from which the adult use is to be separated.
A.
Barn structures located on lands zoned A or RA, where agriculture
was formerly a principal use, may be adaptively reused for the following
uses with a special use permit:
(1)
Sale of agriculture-related goods otherwise permitted at a farm stand.
(2)
Artist and craftsman work space.
(3)
Leasable storage space for such items as farm equipment, recreational
vehicles and equipment, and boats entirely enclosed within the structure
and meeting the standards of the Uniform Fire Prevention and Building
Code.
A.
The minimum front yard setback for all vehicle displays, storage,
repair or finishing work shall be 50 feet.
B.
Landscaping.
(1)
A landscaped strip of trees and shrubs a minimum of 10 feet in depth
and three feet in height shall be provided in the front yard setback
if vehicles shall be displayed or stored in the front yard facing
a public right-of-way.
(2)
The landscaping strip shall parallel the length of the lot frontage
where vehicles are displayed or stored. This shall apply to both frontages
on a corner lot if vehicles are displayed or stored on the lot facing
both public rights-of-way.
C.
Employee and customer parking provided on site, as required by § 118-82 of this chapter, shall be designated by signage indicating "This space is reserved for employees," and indicating "This space is reserved for customers." Parking areas designated for employees and customers shall not be used for vehicle storage, repair or finishing work or display or customer parking.
D.
All exterior lighting shall be designed and oriented so as to minimize
the visual impact upon adjacent and nearby residential properties
as may be applicable.
E.
No exterior public address system shall be permitted.
F.
No exterior display of banners, pennants, ribbons, or other similar temporary advertising materials shall be permitted in any outdoor sales area except as permitted in § 118-84H(5) of this chapter.
A.
This section applies to any car wash established as a permanent use.
This section does not apply to temporary car-washing activities sponsored
by schools, churches, or other nonprofit organizations or groups in
order to raise money for designated events.
B.
No building, parking or service area shall be closer than 100 feet
to any existing residential structure.
C.
Ingress and egress shall be so designed as to minimize traffic congestion,
and for this purpose, the number and location of driveways shall be
subject to the explicit approval of the Planning Board as part of
site plan review.
D.
In addition to meeting any off-street parking requirements of this
chapter, a car wash shall provide a minimum of four stacking spaces
per bay on the lot.
E.
As part of site plan review, evidence of an adequate long-term source
of public or private water shall be submitted to show that water usage
will not affect surrounding properties.
F.
The premises shall not be used for the sale, rent or display of automobiles,
trailers, mobile homes, boats, or other vehicles unless one of these
uses is the permitted principal use on the lot and the car wash is
an accessory use to that principal use.
A.
No more than six patients shall occupy a community-based long-term
care facility.
B.
No community-based long-term care facility shall be located on a
street with only one outlet (e.g., a cul-de-sac, a dead-end road,
etc.)
C.
No two community-based long-term-care facilities shall be located
within 1/2 mile of each other, said distance to be measured as a straight
line connecting the approximate center point of each structure.
D.
Each community-based long-term care facility shall, on an annual
basis, provide the Town Code Enforcement Officer with written verification
of its continued certification to operate as a licensed health-care
facility.
E.
The Planning Board may waive or vary any requirement in this chapter
for good cause shown with a majority plus one.
A.
Contractors' offices, equipment sheds and construction staging areas
containing no sleeping or cooking accommodations may be permitted
in any district when used in conjunction with a valid building permit.
B.
Temporary storage shall be allowed as an accessory use to the contractor's
office or equipment shed.
C.
Such use shall be limited to a period not to exceed the duration
of the building permit and shall be removed immediately upon expiration
thereof.
A.
Due to potential impacts on traffic volume, vehicular and pedestrian
circulation, and the environment, the following additional standards
are required for the permitting of drive-through windows:
(1)
Site location criteria. The site of the drive-through window shall
meet all of the following criteria:
(a)
The drive-through shall not be located within 50 feet of a lot
line of any residential district;
(b)
The drive-through shall not substantially increase traffic on
streets in an A, RA, LDR or MDR district;
(c)
The site shall be adequate in size and shape to accommodate
said use and to accommodate all yards, parking, landscaping, and other
required improvements; and
(d)
The use shall not substantially lessen the usability and suitability
of adjacent lands zoned A, RA, LDR or MDR for uses permitted as of
right in these districts.
(2)
General design standards. All the following must be provided for
the primary use to be granted a building permit for a drive-through
window:
(a)
All lighting on the exterior of the building shall be of an
indirect nature, emanating only from fixtures located under canopies
or hoods, under eaves of buildings and at ground level in the landscaping.
Freestanding pole lights shall not exceed a maximum height of 14 feet
and shall be so arranged and shielded that there shall be no glare
or reflection onto adjacent properties or public rights-of-way.
(b)
Signs should be placed and waiting lanes should be designed
so that waiting cars do not block sidewalks or public streets.
(c)
Landscaping, waiting-lane devices, and overall design should
not prevent vehicles from safely and efficiently leaving waiting lanes.
(d)
Traffic circulation.
[1]
A traffic study addressing both on-site and off-site traffic
and circulation impacts shall be required.
[2]
Pedestrians must be able to enter the establishment from the
parking lot or sidewalk without crossing the waiting or exit lanes.
[3]
Waiting lanes shall accommodate the following number of cars
to be in a queue or stacked based on the use:
[a]
Fast-food restaurants and coffee shops: sufficient
to accommodate a minimum queue of 12 vehicles.
[b]
All other drive-through windows with a single lane:
sufficient to accommodate a minimum queue of six vehicles.
[c]
Drive-through banks with more than one lane: sufficient
to accommodate a minimum queue of four vehicles.
[4]
Waiting lanes shall be designed for the maximum length possible,
allowing 20 feet per vehicle.
[5]
The waiting lane shall be independent of any on-site parking,
parking maneuvering areas, public streets, or traffic ways serving
other on and/or off-site uses.
(3)
Site plan requirements. In addition to the general requirements for
site plan review, drive-through window site plans must also include
the following features:
A.
Portable shelters for use as a tent for an event or other activity
shall be permitted for up to 30 days in a calendar year with the issuance
of a temporary use permit from the Code Enforcement Officer.
B.
Portable shelters for use as a carport, garage or storage vessel
shall be prohibited except in conjunction with an agricultural use.
A.
Farmers markets and other open-air markets are permitted with the
issuance of a temporary use permit from the Code Enforcement Officer.
B.
Evidence of adequate on-street or off-street parking in the vicinity
of the market location shall be provided. In general, at least six
parking spaces plus one for every 250 square feet of sales area should
be available within easy walking distance of the market.
C.
Safe ingress and egress from the farmers market or open-air market
shall be required, including the provision of adequate pull-off areas
and adequate parking.
D.
Signs: One freestanding sign not exceeding 16 square feet in area
and six feet in height is permitted unless located on a corner lot,
where one additional sign is permitted.
A.
Definitions.
(1)
A "canopy" means any structural protective cover that is not enclosed
on any of its four sides and is provided for a service area designated
for the dispensing or installation of gasoline, oil, antifreeze, headlights,
wiper blades and similar products.
(2)
A "fuel pump" means any device that dispenses automotive fuel and/or
kerosene. A fuel pump may contain multiple hoses or be capable of
serving more than one fueling position simultaneously.
(3)
A "pump island" means a concrete platform measuring a minimum of
six inches in height from the paved surface on which fuel pumps are
located.
B.
General standards.
(1)
A gasoline service station lot, fuel pump and/or fuel storage tanks
shall not be located within 2,500 feet of any municipal water wells
or other municipal water supply source. All fuel storage tanks shall
comply with all federal and state regulations.
(2)
Fuel storage tanks shall not be located aboveground.
(3)
No fuel or oil pump, no oiling or greasing mechanism and no other
storage or service appliance installed in conjunction with any gasoline
service station or public garage shall be within 25 feet from any
curbline and 50 feet from any property line.
(4)
Entrance and exit driveways shall have an unrestricted width of not
less than 18 feet nor more than 30 feet nor be located closer than
25 feet to any side or rear lot line.
(5)
No entrance or exit driveway or parking space shall be so located
as to require the backing of any vehicle into a public right-of-way.
(6)
No access drive shall be within 200 feet of and on the same side
of the street as a school, public library, theater, church or place
of worship or other public gathering place, park, playground or fire
station designed for occupancy by more than 50 persons, unless a street
with a right-of-way of not less than 50 feet lies between such gasoline
service station and such building or use.
(7)
All major repair work, storage of materials, supplies, and parts
shall be located within a structure completely enclosed on all sides,
not to be construed as meaning that the doors on any repair shop must
be kept closed at all times.
(8)
Outdoor storage of motor vehicles shall be prohibited at all times.
The premises shall not be used for the sale, rent or display of recreational
vehicles, trailers, boats, or other vehicles.
C.
Design standards.
(1)
Suitable year-round buffering and landscaping, using only indigenous
plants, shall be provided in all rear and side yards.
(2)
Principal buildings shall be oriented to the street.
(3)
Principal buildings and pump island canopies should have pitched
roofs.
(4)
Canopies shall not exceed 16 feet in height from finished grade to
the underside of the canopy.
(5)
Canopies shall be architecturally integrated with the principal building
and all other accessory structures on the site through the use of
the same or compatible materials, colors and roof pitch.
(6)
Canopies shall not be used as, or for, signage.
(7)
Any lighting fixtures or sources of light that are a part of the
underside of the canopy shall be recessed into the underside of the
canopy so as not to protrude below the canopy ceiling surface more
than two inches.
A.
The center line of a golf hole shall be a minimum of 150 feet from
any road, right-of-way, boundary, clubhouse or maintenance building
and a minimum of 220 feet from any residential dwelling.
B.
If night activities are to be held at the golf facility, the parking
lot shall be lighted. Said lighting shall be arranged and shielded
to reflect the light downward and prevent any light from shining directly
on adjoining streets, residential zones and residential buildings.
C.
Any public address system shall be designed and operated in a manner
which will not disturb adjacent landowners.
A.
Purpose. Some business activities may take place in a home as part
of residential use and are not considered home occupations. Other
activities are considered home occupations which are accessory activities
to uses in residential zones. These regulations recognize that there
are many professions and occupations which may be performed in a home
with no significant effect on the surrounding neighborhood and that
such business activities may create jobs, provide important local
services and reduce the number of work trips, thereby conserving energy.
The following regulations are intended to assure that home occupations
will not be a detriment to the character and quality of the surrounding
neighborhood.
B.
General standards applying to all home occupations:
(1)
The home occupation shall be clearly incidental and secondary to
the use of the lot for residential purposes.
(2)
The home occupation is allowed in a residential setting because it
does not compromise the residential character of an area, does not
generate conspicuous traffic, does not visually call unusual attention
to the home and does not generate noise of a nonresidential level.
(3)
The home occupation shall be conducted entirely within a principal
dwelling and not in an accessory structure.
(4)
Inventory and supplies shall not occupy more than 50% of the area
permitted to be used as a home occupation.
(5)
The home occupation shall not involve any operation considered to
be hazardous.
(6)
No generation of noise, vibration, smoke, dust, electrical disturbance,
odors, heat or glare shall be perceptible beyond the property line.
(7)
Not more than 15% of all habitable space of the principal building
shall be utilized for all home occupation activities.
(8)
All parking shall be provided off-street. No more than three client-related
vehicles may be parked in the front yard.
(9)
The New York State Fire Prevention and Building Code shall be followed.
(10)
Hazardous materials shall be prohibited.
C.
Type 1 (minor) home occupation: no permit required.
(1)
Certain home occupation activities are considered minor home occupations and, as such, do not require a permit if they meet the standards of Subsection B above and Subsection C(2) below. The following activities are considered Type 1 (minor) home occupations:
(a)
Artists, sculptors and composers not selling their artistic
product to the public on the premises.
(b)
Craft work, such as but not limited to woodworking, jewelry-making
and pottery, with no public sales permitted on the premises.
(c)
Home offices with activities that may include receipt of mail
and the making and receiving of telephone calls or other routine office
work done exclusively by the dwelling unit resident related to an
off-site business or organization to the extent that nonresident visitors
do not customarily come to the property.
(d)
Telephone answering and message services.
(e)
Tutoring.
(2)
Additional standards for Type 1 (minor) home occupations:
(a)
There shall be no exterior sign advertising the home occupation.
(b)
All persons engaged in such activities reside on the premises.
(c)
No goods or services are sold on the premises. Activities such
as invoicing or receiving payments for products sold or services provided
elsewhere (off-premises) is permitted.
D.
Type 2 (major) home occupation: special use permit required.
(1)
Permitted major home occupations as defined in this chapter include activities that meet the standards in Subsection B, General standards applying to all home occupations, above but are permitted to have a limited number of employees, sell related goods and services and have client visits. The following restrictions shall apply:
(a)
A major home occupation shall be permitted to have one nonresident
employee or associate. An associate shall mean a person or persons
joined with others in a business enterprise.
(b)
A major home occupation may sell goods or services, except that
customers shall only visit between 8:00 a.m. and 8:00 p.m.
(2)
The following uses meeting the definition of a home occupation shall
always be considered a Type 2 (major) home occupation and shall only
be permitted in the Agriculture District (A District) due to the potential
impacts of such uses on neighboring properties:
(3)
A special use permit is required for Type 2 (major) home occupations.
In reviewing the special use permit application, the Planning Board
shall consider the following site development characteristics and
impacts:
(a)
Setback of home occupation from the right-of-way and adjacent
properties.
(b)
Screening.
(c)
Method of enclosure for vehicles and equipment.
(d)
Vehicle turnaround area.
(e)
Truck traffic.
(f)
Outdoor lighting.
(g)
Parking arrangements for customer and employee parking as well
as commercial vehicles related to the business.
(h)
Visual impact from the right-of-way.
E.
Uses prohibited as home occupations. The following activities shall
not be permitted as a home occupation in any district unless as otherwise
stated and shall be required to be a principally permitted use in
Schedule A: Permitted Uses:[1]
(1)
Commercial greenhouses.
(2)
Kennels.
(3)
Motor vehicle repair, except agriculture-related vehicles.
(4)
Religious institutions.
(5)
Restaurants and bars.
(6)
Retail sales, except those that are incidental to a product created
or service provided on site.
[1]
Editor's Note: Schedule A is included as an attachment to
this chapter.
A.
For all lots on which a horse will be stabled accessory to a residential
use in an A or AR District, a lot shall be at least three acres for
every one horse.
B.
Commercial horse boarding.
(1)
A commercial horse-boarding establishment shall be at least seven
acres in size.
(2)
Three acres per horse shall be required where a pasture is to be
used for sustenance.
(3)
Three acres per five horses shall be required where feed is brought
in and manure is exported out (turn-out system).
(4)
Prior to the establishment of a commercial horse-boarding operation,
a plan describing how manure will either be used or removed from the
farm (e.g., by landspreading, composting or periodic removal) is required.
(5)
Manure that has not been removed, composted or spread shall not be
stored and shall not remain on the farm for a period in excess of
one year.
A.
Housing for farm workers and their families on farms located in the
Town of New Hartford within an Agricultural District as defined by
New York State Agriculture and Markets Law shall be permitted as accessory
agricultural uses with the following conditions:
(1)
Housing for farm workers shall be in the form of either dwelling
units within an accessory structure on the site that shall require
a building permit from the Code Enforcement Officer, or a manufactured
or mobile home as defined in this chapter.
(2)
Manufactured homes as permitted in this section are exempt from the
size and design standards of this chapter, except that the Code Enforcement
Officer shall consider the manufactured home structurally sound and
free of heating and electrical system hazards.
(4)
Proof of housing occupancy in connection with the farm use shall
be filed with the Code Enforcement Officer annually. The permit shall
be valid for a period of one year, at which time renewal of the permit
shall be required.
(5)
Farm-worker housing structures shall not be permitted to be parceled
off and sold as separate residences, nor is any use other than for
housing of farm workers permitted.
(6)
Farm-worker housing that has not been used for such purposes for
three or more years shall be removed from the property.
A.
The required minimum lot size for all kennels is five acres.
B.
All kennels with outdoor exercise pens or kennels shall be located
no closer than 150 feet to any adjoining property line.
C.
Adequate landscaping and/or fencing shall be provided to create a
visual, sound, and odor buffer between such facility and adjacent
properties.
D.
Adequate provision for the storage and removal of all animal wastes
shall be made. In particular, no manure storage area shall be located
within 150 feet of any residence or street right-of-way.
A.
All manufactured home parks constructed after the effective date
of this chapter shall conform to the standards of this section.
B.
All manufactured home parks are subject to site plan review.
C.
Park standards.
(1)
Design team. All manufactured home parks shall be designed by a design
team which shall include an architect or landscape architect and a
civil engineer, all licensed by the State of New York.
(2)
Minimum size. The minimum lot size for a manufactured home park is
five acres.
(3)
Park dimensional standards. Manufactured home parks shall meet the
following requirements:
(a)
Minimum frontage. The manufactured home park shall have a minimum
frontage of 100 feet on a public street.
(b)
Common recreation area. A minimum of 15% of the site area of
the manufactured home park shall be reserved for recreation facilities
to be used in common by park residents.
(c)
Setback requirements: perimeter. The minimum setback requirements
for the perimeter of a manufactured home park shall be as follows:
(d)
Individual lot requirements within the park:
[1]
Lot size. Individual home lots shall be at least 5,000 square
feet.
[2]
Lot width. Minimum lot width for each home lot shall be 50 feet.
[3]
Maximum impervious surface: 40%.
[4]
Front setback. The minimum front yard for an individual manufactured
home lot shall be 20 feet from the edge of the pavement line, curb
or sidewalk closest to the manufactured home.
[5]
Side yard setback. The minimum side yard for an individual manufactured
home lot shall be 10 feet.
[6]
Rear yard setback. The minimum rear yard for an individual manufactured
home lot shall be 15 feet.
[7]
Structure separation. The minimum separation between dwellings
shall be 30 feet in any direction.
(e)
Streets. Even though these internal roads will not be offered
for dedication to the Town, all private streets within a manufactured
home park shall conform to the following:
[1]
Width of right-of-way: 50 feet.
[2]
Pavement width: minimum of 24 feet.
[3]
There shall be no dead end streets in any park.
[4]
A cul-de-sac shall have a maximum length of 500 feet. Each cul-de-sac
shall have a turn-around area at its terminus with a minimum radius
of 30 feet.
[5]
Street construction. All private streets shall have a crowned
profile and shall be constructed of asphalt.
(f)
Utilities and services. The following utilities and service
facilities shall be provided in each manufactured home park, which
utilities and service facilities shall be in accordance with the regulations
and requirements of the New York State Department of Health and the
Sanitary Code of New York State.
[1]
Plans. All plans for water, sanitary sewer and storm drainage
lines shall be approved by the Planning Board.
[2]
Storm drainage. All stormwater shall be collected on the site
in a piped storm drainage system, unless otherwise approved by the
Planning Board. Underground service connection shall be made from
each manufactured home to the street gutter. Stormwater from the manufactured
home park shall be piped to a public storm drain line, if available.
The developer may be required to construct an off-site storm drainage
system acceptable to the Planning Board.
[3]
Electricity, telephone and television cable. All electrical,
telephone and television cable lines shall be located underground.
[4]
Other service buildings shall be provided as deemed necessary
for the normal operation of the park; however, such buildings shall
be maintained by the owner or manager of the park in a clean, sightly
and sanitary condition.
(g)
Parking. Off-street parking spaces shall be required as follows:
two spaces per lot or unit, whichever is greater. In addition, two
spaces shall be provided for each vehicle used in connection with
the facility. If no parking is provided on private streets, then two
spaces must be provided for each five dwelling units for guest parking.
All driveways for individual manufactured homes and off-street parking
areas shall be paved with asphaltic concrete or portland cement. No
parking shall occur in a perimeter yard.
(h)
Recreational vehicles. Storage areas for vehicles, including
motor homes, recreation trailers, boats, boat trailers or other major
recreational equipment shall not be located within 100 feet of the
perimeter lot lines of a manufactured home park site. Recreational
vehicle storage areas shall have a ten-foot yard between the storage
area and the nearest structure. Said storage areas shall be screened
from the view of adjacent structures by a sight-obscuring fence and
landscaping.
(i)
Storage sheds. One storage shed shall be allowed for each manufactured
home. Storage sheds shall not exceed 200 square feet of gross floor
area and shall be located adjacent to and designed as an integral
part of the manufactured home, deck or carport.
(j)
Landscaping. All land within a manufactured home park not paved
or containing a structure shall be landscaped with grass, trees, shrubs
or flowers in a manner that will enhance the residential character
of the manufactured home park and surrounding neighborhood. All landscaping
shall be maintained, said maintenance to include regular irrigation,
mowing, removal of weeds and trimming and pruning as necessary.
(k)
Perimeter landscaping or buffering. All manufactured home park
yards, except the front yard, shall have continuous, permanently maintained
perimeter landscaping separating the manufactured home park from the
adjacent property.
(l)
Snow removal. All snow removal on private streets within the
manufactured home park shall be provided by the owner or operator
of the manufactured home park.
D.
Site plan review.
(1)
All manufactured home park developments are subject to site plan
review.
(2)
Upon receipt of an application, the Code Enforcement Officer shall
immediately send a copy of the application to the Oneida County Department
of Health and request that it make an investigation of the proposed
project for the purpose of determining if it would meet the standards
required by the State Sanitary Code for temporary residences.
(3)
For site plan review and approval, the site plan review procedures of Article X, Site Plan Review, shall be followed, and in addition, the following information shall be required on the site plan:
(a)
The exact layout and dimensions of each manufactured home space.
(b)
The exact layout of all streets and driveways, their widths
and the specifications of proposed construction.
(c)
The location of all required services and other improvements
and facilities, such as playgrounds, swimming pools or recreation
areas.
A.
All repair work and storage of materials, supplies, and parts shall
be located within a structure completely enclosed on all sides (not
to be construed as meaning that the doors of any repair shop must
be kept closed at all times).
B.
For all overnight storage parking associated with automobile repair uses, perimeter landscaping as prescribed in § 118-81, Landscaping and screening, shall be provided to screen the parking from the public right-of-way and/or neighboring residential uses.
C.
The maximum number of parking spaces devoted to temporary overnight
storage of vehicles shall be no more than three spaces per repair
bay. These spaces shall be clearly delineated on all site plan and
special use permit applications.
D.
Outside storage or parking of any disabled, wrecked or partially
dismantled vehicle is not permitted for a period exceeding 30 days
during any ninety-day period.
A.
Outdoor sales and displays of items accessory to a principal commercial
use, permitted in the district in which such use is located, shall
be permitted for up to seven days with the issuance of a temporary
use permit from the Code Enforcement Officer and if the standards
of this section have been met.
B.
If outdoor sale or display items shall be proposed to be located
on or adjacent to a public sidewalk, a four-foot minimum unobstructed,
continuous sidewalk width shall be maintained at all times.
C.
No outdoor sales and display of items shall be allowed in areas set
aside, required or designated for driving aisles, driveways, maneuvering
areas, or emergency accessways.
D.
No outdoor sales or display areas shall be located in the sight distance triangle as defined in § 118-24I, Visibility at Street corners, or located in any manner that would restrict or limit adequate sight distance for vehicular traffic movement.
E.
No outdoor sales and display items shall exceed a height of five
feet if within 25 feet of a public right-of-way.
F.
Any outdoor display or sale item located outdoors in a manner constituting
a sign must conform to the regulations of this chapter.
A.
Outdoor storage shall be limited to those areas designated for employees only and made accessible to the general public by means of a fence, wall or other permanent, secured enclosure or in areas that are set back a distance of not less than 50 feet from any public entry, parking lot, pedestrian facility or similar publicly used area. If not enclosed by a fence or wall, all storage areas shall be screened from view by landscaping as required in § 118-81, Landscaping and screening.
B.
All storage areas shall be at least 25 feet from all property lines.
C.
Outdoor storage shall not be construed to include the storage of
junk or a junkyard or any similar use.
A.
All personal property storage areas shall be at least 20 feet from
all property lines.
B.
All storage areas shall be screened from view and fenced as required in § 118-80, Fences and walls, to prevent littering the environment.
[Amended 3-11-2015 by L.L. No. 4-2015]
C.
Outdoor storage shall not be construed to include a junkyard, as
defined this chapter, or any similar use.
D.
Outdoor storage shall not include recreational vehicles; see § 118-67 regarding the storage of such vehicles.
E.
The temporary storage of materials, including construction, landscaping
and gardening materials such as compost, topsoil and mulch, shall
be exempt.
A.
Purpose. It is the intent of this section to establish restrictions
upon the construction, installation and operation of outdoor wood
boilers within the limits of the Town of New Hartford for the purpose
of securing and promoting the public health, comfort, convenience,
safety, welfare and prosperity of the Town and its inhabitants. It
is generally recognized that the types of fuel uses and the scale
and duration of the burning by such boilers create noxious and hazardous
smoke, soot, fumes, odors and air pollution, can be detrimental to
citizens' health, and can deprive neighboring residents of the enjoyment
of their property or premises.
B.
CLEAN WOOD
COMMERCIAL-SIZE NEW OUTDOOR WOOD BOILER
RESIDENTIAL-SIZE NEW OUTDOOR WOOD BOILER
Definitions. In addition to the definition of "outdoor wood boiler" in Article III, Definitions and Word Usage, the following definitions shall apply:
Wood that has not been painted, stained, or treated with
any other coatings, glues or preservatives, including, but not limited
to, chromated copper arsenate, creosote, alkaline copper quaternary,
copper azole or pentachlorophenol.
An outdoor wood boiler with a thermal output rating greater
than 250,000 British thermal units per hour (Btu/h).
An outdoor wood boiler that has a thermal output rating of
250,000 Btu/h or less.
C.
Permit required. No person shall cause, allow or maintain the use
of an outdoor wood boiler within the Town of New Hartford without
first having obtained a permit from the Code Enforcement Officer.
D.
Specific requirements.
(1)
The outdoor wood boiler must be installed, operated and maintained
according to manufacturer's instructions. The installation must be
inspected by the Code Enforcement Officer prior to the issuance of
an operating permit.
(2)
The outdoor wood boiler shall only be fueled by firewood, natural
untreated lumber or other fuels specifically permitted by the manufacturer.
(3)
Prohibited fuel types.
(a)
No person shall burn any of the following items in an outdoor
wood boiler: wood that does not meet the definition of clean wood;
unseasoned wood; garbage; tires; yard waste, including lawn clippings;
materials containing plastic; materials containing rubber; waste petroleum
products; paints or paint thinners; household or laboratory chemicals;
coal; paper, except that nonglossy, noncolored papers may be used
to start an outdoor wood boiler; construction and demolition debris;
plywood; particleboard; fiberboard; oriented strand board; manure;
animal carcasses; and asphalt products.
(b)
No person shall cause or allow emissions of air contaminants
from an outdoor wood boiler to the outdoor atmosphere of a quantity,
characteristic or duration which is injurious to human, plant or animal
life or to property, or which unreasonably interferes with the comfortable
enjoyment of life or property. This prohibition applies, but is not
limited to, the following conditions:
(c)
The prohibition further applies to any particulate, fume, gas,
mist, odor, smoke, vapor, toxic or deleterious emission, either alone
or in combination with others, emitted from an outdoor wood boiler,
that results in the conditions or circumstances listed in this subsection,
notwithstanding the existence of specific air quality standards or
emission limits.
(4)
The outdoor wood boiler must be equipped with a properly functioning
spark arrestor.
(5)
Setbacks.
(b)
Commercial-size outdoor wood boilers.
[1]
The outdoor wood boiler shall be set back a minimum of 200 feet
from the nearest property boundary line.
[2]
The outdoor wood boiler shall be set back a minimum of 300 feet
from a property boundary line of a residentially zoned property.
[3]
The outdoor wood boiler shall be set back a minimum of 1,000
feet from a school, public recreational use or park.
(7)
Existing outdoor wood boilers on the effective date of this chapter
are not to be extended or enlarged.
(8)
Any outdoor wood boiler damaged by natural causes by more than 75%
of its value shall not be repaired or rebuilt.
E.
Suspension of permit. A permit issued pursuant to this chapter may
be suspended as the Town Code Enforcement Officer may determine to
be necessary to protect the public health, safety and welfare of the
residents of the Town of New Hartford if any of the following conditions
occur:
(1)
A violation cited by the New York State Department of Environmental
Conservation.
(2)
Malodorous air contaminants from the outdoor wood boiler are detectable
outside the property of the person on whose land the outdoor wood
boiler is located.
(3)
The emissions from the outdoor wood boiler interfere with the reasonable
enjoyment of life or property, cause damage to vegetation or property,
and/or are or may be harmful to human or animal health.
(4)
A suspended permit may be reinstated once the condition which resulted
in suspension is remedied and reasonable assurances are given that
such condition will not recur. Recurrence of a condition which has
previously resulted in suspension of a permit shall be considered
a violation of this chapter.
F.
Effect of other regulations. 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. Outdoor boilers and any
electrical, plumbing or other apparatus or device used in connection
with an outdoor wood boiler 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 chapter and any applicable
federal, state or local laws, laws, codes, rules or regulations, the
more restrictive or stringent provision or requirement shall prevail.
A.
Within the A, RA, LDR, MDR and HDR Districts, the following applies
to commercial and/or recreational vehicles, boats and other motor
vehicles:
(1)
All recreational vehicles and boats shall be registered, inspected
and operable.
(2)
All recreational vehicles and boats shall be parked on the rear or
side yard on a prepared surface.
(3)
Recreational vehicles and travel trailers shall not be used as housing,
temporary or otherwise, in the Town of New Hartford, with the following
exceptions:
B.
Within the A, RA and LDR, MDR and HDR Districts, the tractor portion
of a tractor trailer, semi-truck or eighteen-wheeler that is registered,
inspected and operable shall be permitted to be parked in the rear
or side yard on a prepared surface.
A.
A portable storage container may be temporarily located on a lot
of record as part of temporary storage solution with the issuance
of a temporary use permit from the Code Enforcement Officer. Portable
storage containers shall not include dumpsters, tractor-trailers or
other vessels with other traditional uses.
B.
In an A, RA, LDR, MDR and HDR District, one mobile storage trailer
or container shall be allowed with the issuance of a building permit.
Building permits are required and renewable on a triennial basis but
for no more than one year. The trailer or container shall not be placed
in any front yard unless the rear or side yards are not accessible.
C.
Mixed use and commercial use zones.
(1)
One mobile storage trailer or container shall be allowed for a period
not to exceed two months. The storage unit shall be removed promptly,
and not more than three building permits may be issued in any year.
The unit shall be placed in a rear or side yard only.
(2)
Storage trailers and/or containers located in an M Zone shall be
exempt from all of the above.
A.
A minimum lot size of three acres shall be required, and the property
shall be located in an A or RA Zone.
[Amended 6-14-2017 by L.L. No. 3-2017]
B.
The building or structure used for the stabling or keeping of livestock
shall be located at least 50 feet from any property line.
C.
Manure storage that has not yet been composted or spread shall be
set back 150 feet from any lot line.
A.
A temporary use permit shall be acquired from the Code Enforcement
Officer.
B.
The stand shall not utilize a permanent roadside structure.
C.
The stand shall be set back a minimum of 10 feet from the public
right-of-way.
D.
Two temporary, seasonal signs with a maximum of 16 square feet in
size for each sign shall be permitted; however, such sign shall be
located at least 10 feet from the public right-of-way.
E.
Safe ingress and egress from the farm or roadside stand shall be
required, including the provision of adequate pull-off areas and parking
for at least three vehicles.
A.
Dish antennas greater than 30 inches in diameter.
(1)
No more than two dish antennas shall be erected, constructed, installed
or maintained on a single lot or premises, except that one dish per
dwelling unit shall be permitted for multi-family uses.
(2)
All dish antennas shall be affixed directly to the ground.
(3)
No dish antenna shall be located on any trailer or portable device.
(4)
No dish antenna over 30 inches in diameter shall be connected to
or placed upon any roof, building or part thereof; however, if no
other site is available for reason(s) of accessibility, reception
or code requirements, said dish antenna may be connected to or placed
upon any roof, building or part thereof upon a licensed engineer's
certification of said antenna's structural soundness.
(5)
Dish antennas shall, to the extent possible, be located in rear yards.
When a rear yard is not accessible, does not get reception or does
not meet building specifications and a side yard meets the Uniform
Fire Prevention and Building Code, a dish antenna may be located there.
If said side yard borders on a street, a screen of foliage shall be
provided so as to shield said satellite antenna from the street and
adjoining properties during the entire year.
(6)
Every effort shall be made to provide that the color of the satellite
dish and screening materials shall be in solid earth tones so as to
reduce or eliminate aesthetic concerns of the adjoining properties
insofar as possible, and said color tones shall be maintained in such
character during the usage of said satellite antenna. The colors shall
be solid and in black, brown, green, beige, or similar muted colors,
including solid mesh construction.
(7)
A dish antenna shall not at any point, nor shall any part of the
antenna, including any platform or structure upon which it is mounted
or affixed, be elevated to or reach a height of more than 10 feet
above the natural grade of the subject premises. In no event shall
the natural grade be changed by any means in order to increase the
elevation of the dish antenna.
A.
All elements of the sawmill, including storage area for logs and
sawn lumber; bark, sawdust and other waste materials; buildings; and
equipment areas, shall be screened by existing landforms and/or vegetation
from the direct view of abutting residential properties and public
rights-of-way.
B.
All buildings or other structures and all equipment or storage associated
with the sawmill shall be located not less than 100 feet from any
property line, nor less than 300 feet from any neighboring dwelling.
C.
No storage area for logs, sawn lumber or waste materials shall be
located within 100 feet of any stream, other water body or well providing
a source of potable water.
A.
Standards for self-storage facilities.
(1)
Only "dead" storage activities are permitted. Retail activities,
storefronts and office activities shall be prohibited, except that
one office for the operation of the self-storage facility and limited
retail sales of products and supplies incidental to the principal
use shall be permitted within the office area.
(2)
Only auctions or lien sales directly related to the sale of repossessed
items retrieved from the self-storage unit property on which the auction
or lien sale is located shall be permitted with a temporary permit
from the Code Enforcement Officer. Up to two auctions or lien sales
shall be permitted in a calendar year.
(3)
The following activities are prohibited: activities similar to garage
sales; flea markets; hobby shops; service and repair of motor vehicles,
boats, trailers, lawn mowers, appliances and other similar equipment;
the operation of power tools, spray painting equipment, kilns, table
saws, compressors, welding equipment or other similar equipment storage,
including cars or other property that have internal combustion engines;
the establishment of transfer storage businesses; and any use that
is noxious or offensive because of odors, dust, noise, fumes or vibrations,
but nothing herein shall prevent the enforcement of the provisions
of the New York State Lien Law. Outside storage shall be prohibited.
None of the aforementioned conditions shall restrict the facility
owner from performing maintenance of the facility.
(4)
Minimum lot size shall be two acres, and maximum lot size shall be
five acres.
(5)
Setbacks. The minimum front, side and rear yard setbacks shall be
120 feet.
(6)
Self-storage facilities shall have a maximum storage capacity of
40,000 feet.
(7)
Circulation drives and aisles shall be a minimum of 12 feet in width
for one-way circulations and 24 feet in width and all corners shall
provide a fifty-foot turning radius to provide adequate access for
firefighting vehicles. The lanes shall be surfaced with asphalt or
some other hard-packed material capable of sustaining the weight of
fire equipment. All interior travel lanes shall be posted to prohibit
parking.
(8)
Landscaping and security.
(a)
Landscaping shall meet the perimeter landscaping requirements of § 118-81 and must be provided along all lot lines in a manner which will largely obscure the use and its operation when viewed from the ground level.
(b)
Any fencing for security or aesthetic purposes is required and
shall be approved by the Planning Board as to material, height and
color.
(c)
Site lighting shall be provided but shall be shielded from direct
light or glare onto established uses and away from adjacent property,
but it may be of sufficient intensity to discourage vandalism and
theft. However, access and lighting shall not be permitted on a side
facing a residential area, unless a sufficiently high landscaped berm
or buffer area can be provided to completely shield the building and
lighting from residences.
(d)
No loading docks or permanent material-handling equipment shall
be permitted.
(e)
If the self-storage facility is built as an accessory building
to an existing commercial business and is contained on the same property
as the existing commercial business, the self-storage facility shall
in all respects comply with the terms of this section. The minimum
and maximum dimensions referred to above shall, in such cases, be
measured around the perimeter of the security fence.
(f)
No self-storage facility shall be located within 5,000 feet
of another self-storage facility.
B.
Standards for self-storage units.
(1)
The unit shall be no more than one story and a maximum of 20 feet
in height.
(2)
No building shall exceed 150 feet in length.
(3)
The buildings must be constructed on a permanent foundation, and
the buildings must conform to the requirements of the New York State
Uniform Fire Prevention and Building Code.
(4)
Buildings shall be oriented so as to reduce the visual impact on
adjacent properties and existing roadways.
[Amended 12-13-2017 by L.L. No. 8-2017; 2-9-2022 by L.L. No. 1-2022]
A.
Purpose. The use of solar energy systems/collectors, storage facilities,
and distribution components for space heating and cooling, the heating
of water, use in industrial, commercial or agricultural processes
and to otherwise generate electricity are recognized as a renewable
and nonpolluting energy resource. The purpose of this section is to
promote the accommodation of solar energy systems and equipment and
the provision for adequate sunlight and convenience of access necessary
therefor, and to balance the potential impact on neighbors when solar
collectors may be installed near their property while preserving the
rights of property owners to install solar energy systems without
excess regulation. This section is not intended to override agricultural
exemptions that are currently in place.
B.
FLUSH-MOUNTED SOLAR PANELS/COLLECTORS
FREESTANDING OR GROUND-MOUNTED SOLAR ENERGY SYSTEM/COLLECTORS
LARGE-SCALE SOLAR ENERGY SYSTEM/COLLECTORS
NET METERING
ROOFTOP-MOUNTED or BUILDING-MOUNTED
SMALL-SCALE SOLAR ENERGY SYSTEM/COLLECTORS
SOLAR COLLECTOR
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Photovoltaic panels and tiles that are installed flush to
the surface of a roof and which cannot be angled or raised
A solar energy system that is directly installed in the ground
and is not attached or affixed to an existing structure.
Refers to any solar thermal or solar photovoltaic system
which is not a small-scale solar energy system/collector.
A billing arrangement that allows solar customers to get
credit for excess electricity generated and delivered to the grid.
A solar power energy system/collectors in which solar panels
are mounted on top of the structure of a roof either as a flush-mounted
system or modules fixed to frames. Said panels shall be limited to
the roof area.
Refers to solar photovoltaic systems rated up to 25 kilowatts
(kW) of energy or solar thermal systems which serve the building to
which they are attached.
A solar photovoltaic cell, panel or array, or solar hot air
or water collector device, which relies upon solar radiation as an
energy source for the generation of electricity or transfer of stored
heat.
C.
Applicability.
(1)
This section applies to all types of solar energy systems/collectors
that are modified or installed after the effective date of this chapter,
unless a building permit was properly issued prior to the effective
date of this chapter.
(2)
All solar energy systems/collectors shall be designed, erected and
installed in accordance with all applicable codes, regulations and
standards, including NYSERDA.
(3)
Solar energy systems/collectors shall be permitted a) to provide
power or hot water for use by owners, lessees, tenants, residents
or other occupants of the premises on which they are erected and as
an accessory use, and b) for the purpose generating electricity to
be utilized in connection with a net billing or net metering arrangement
in accordance with New York Public Service Law § 66-j, or
similar state or federal statutes. Nothing herein shall restrict the
Town of New Hartford from entering into an agreement with a private
provider to generate electricity to benefit the residents of the Town
of New Hartford.
D.
Permitting.
(1)
Rooftop- and building-mounted small-scale solar energy systems/collectors
shall be permitted as of right in all zoning districts with issuance
of a building permit and located on an existing structure. Applicants
must provide the dimensions of all panels; their height and angle
from horizontal; detail of materials; location of roof drains; and
engineer's verification that the roof structure can handle the load,
including any additional drifting snow, as well as any additional
items requested by the Codes Officer.
(2)
Freestanding or ground-mounted solar energy systems only on lots
greater than five acres in size.
(a)
Small-scale solar energy systems/collectors which are freestanding
or ground-mounted solar energy systems shall be permitted in all zoning
districts and shall require a special permit review from the Town
of New Hartford Planning Board and may be subject to additional requirements
as prescribed in this section. Large-scale solar energy systems/collectors
which are freestanding or ground-mounted solar energy systems shall
be permitted in those zoning districts which are designated by the
New Hartford Town Board and shall require a special permit review
from the Town of New Hartford Planning Board and may be subject to
additional requirements as prescribed in this section. Once the special
permit is granted, a building permit shall be required. Initially,
the Town of New Hartford designates the Town property on Middle Settlement
Road from Commercial Drive to Clinton Road and Town-owned lands adjacent
to Sherrillbrook Park, Route 12, as locations for such large-scale
solar energy systems/collectors for a freestanding or ground-mounted
system. Free standing or ground-mounted systems shall not be permitted
in residential districts.
(b)
Upon receipt of a complete special permit application (including
the payment of a fee), the Code Enforcement Officer shall submit a
copy of the application to the Planning Board for review at the next
Planning Board meeting. The Planning Board may condition its approval
of any freestanding or ground-mounted solar energy systems on such
factors as it may reasonably determine from time to time and in accordance
with the Town's Comprehensive Plan, provided that such conditions
shall not be of such degree or scale so as to either be physically/logistically
impractical or otherwise render the proposed use economically unviable.
(c)
The Planning Board shall review the application and provide
a recommendation for approval, disapproval or approval with conditions
within 45 days of receipt of the application.
E.
Additional accessory use development standards.
(1)
Solar energy systems/collectors and equipment shall be permitted
only if they are determined by the Town of New Hartford not to present
any unreasonable safety risks, including, but not limited to, the
following:
(a)
Weight load.
(b)
Wind resistance.
(c)
Ingress and egress in the event of fire or other emergency.
(d)
Maximum height measured to the highest point shall not exceed
20 feet.
(e)
All such systems be installed by contractors certified by the
North American Board of Certified Energy Practice. Further, the applicant
shall provide detailed plans setting forth the locations of all trees
that may have to be topped or removed.
(2)
For purposes of this chapter, freestanding or ground-mounted energy
systems are special permit uses in all allowed districts and shall
require the issuance of a building permit. They shall be exempt from
being counted toward the maximum number of accessory structures and
square footage of accessory structures.
(3)
All freestanding or ground-mounted energy systems/collectors shall
be located at least 75 feet from the side and rear lot lines measured
from the corresponding side of the solar panel. In no case shall small-scale
solar energy systems/collectors be installed in a front yard. Such
systems will not be allowed on lots less than five acres in size.
(4)
Additional requirements and criteria to be provided by the applicant.
(a)
A line-of-sight profile analysis.
(b)
A computer-generated model of visual impacts on viewpoints noted
in § 280-40U(3)(a)[1], including photo simulations of summer
and winter conditions, and before and after simulations of proposed
landscaping and buffer.
(c)
Equipment. All electrical and control equipment shall be labeled
and secured to prevent unauthorized access as required by the National
Electrical Code and NYS Uniform Fire Prevention and Building Code
and New York Electric Safety Code.
(d)
Signs. Warning signage shall be placed on solar equipment to the
extent appropriate. Solar equipment shall not be used for displaying
any advertising. All signs, flags, streamers or similar items, both
temporary and permanent, are prohibited on solar equipment, except:
(e)
Landscaping management plan. A plan shall specify how the owners
and operators will implement, maintain and replace, if necessary,
the approved landscaping plan and screening methods.
(f)
Glare. Solar panels shall be placed and arranged such that reflected
solar radiation or glare shall not be directed onto adjacent buildings,
properties or roadways. Exterior surfaces of roof-mounted collectors
and related equipment shall have a nonreflective finish and shall
be color-coordinated to harmonize with roof materials and other dominant
colors of the structure. The applicant shall demonstrate that any
glare produced does not have significant adverse impact on neighboring
properties or roadways.
(g)
Preservation. Existing on-site vegetation shall be preserved to the
maximum extent practicable. The removal of existing noninvasive trees
greater than six inches in diameter shall be minimized to the greatest
extent possible. Any herbicides shall be used to a minimal extent.
Clear-cutting of all native and noninvasive trees in a single contiguous
area exceeding 20,000 square feet shall be prohibited, except for
agricultural and farm management practices as shown in a submitted
arborist's report.
(h)
Height. Ground-mounted arrays shall not exceed 20 feet in height
when oriented at maximum tilt.
(i)
Lot coverage. A major solar energy system shall not exceed 60% lot
coverage. "Lot coverage" shall be defined as the area measured from
the outer edge(s) of the arrays, inverters, batteries, storage cells
and all other mechanical equipment used to create solar energy, exclusive
of fencing and roadways.
(j)
Site disturbance. Site disturbance, including, but not limited to,
grading, soil removal, excavation, soil compaction, and tree removal
shall be minimized to the maximum extent practicable. The siting of
a solar energy system shall take advantage of natural topography and
vegetative screening. The facility should be located at a lower elevation
on the property if practicable. Forested sites shall not be deforested
to construct a solar energy facility.
(k)
Site operation and maintenance plan: aplan showing continued photovoltaic
maintenance and property upkeep, such as mowing and trimming. Washing
additives shall be nontoxic and biodegradable.
(l)
Stormwater pollution prevention plan (SWPPP): an SWPPP prepared to
NYS Department of Environmental Conservation standards, if applicable,
and to such standards as may be established by the Town.
(m)
Noise. Substations and inverters shall be located so to provide for
no discernible difference from existing noise levels at the property
line.
(n)
Setbacks. Any structure and equipment for a major solar energy facility
shall be located an additional 100 feet from the minimum setback requirements
for a principal structure under § 280-24, and shall be located
at least 200 feet from an adjacent residential dwelling unit. The
Zoning Board or Planning Board may require further setbacks to provide
an adequate buffer and eliminate noise impacts.
(o)
Fencing. Perimeter fencing shall allow for the movement of small
wildlife by using fixed-knot woven wire or other wildlife-friendly
fencing. Barbed wire fencing is prohibited. Fencing for mechanical
equipment, including a structure for storage batteries, may be seven
feet high, as required by the National Electrical Code, with a self-locking
gate to prevent unauthorized access.
(p)
Utility connections. Utility lines and connections for a solar energy
system shall be installed underground, unless otherwise determined
by the Zoning Board for reasons that may include poor soil conditions,
topography of the site, and consideration of the utility provider's
engineering requirements. Electrical transformers for utility interconnections
may be aboveground if required by the utility provider.
(q)
Access and parking. A road and parking shall be provided to assure
adequate emergency and service access. Maximum use of existing roads,
public or private, shall be made.
(5)
Safety. A solar energy system shall be certified under the National
Electrical Code and NYS Uniform Fire Prevention and Building Code
and New York Electric Safety Code as required, and shall be maintained
in good working order and in accordance with industry standards. Site
access shall be maintained, including snow removal, at a level acceptable
to the local fire department. Storage batteries shall meet the requirements
of the NYS Uniform Fire Prevention and Building Code and, when no
longer used, shall be disposed of in accordance with the laws and
regulations of the Town and any applicable federal, state, or county
laws or regulations.
(6)
Financial surety.
(a)
Prior to the issuance of a building permit and for each year thereafter,
the major solar energy system owner and/or landowner shall file with
the Codes Officer evidence of financial security to provide for the
cost of decommissioning and removing the solar energy system and restoring
the site, including, but not limited to, legal fees, court costs,
and expenses, in the event the system is not removed by the system
owner and/or landowner. Evidence of financial security shall be in
effect throughout the life of the system and shall be in the form
of an irrevocable letter of credit, surety bond, or other security
acceptable to the Town Board. The financial security shall include
an auto-extension provision, be nonterminable, and issued by an A-rated
institution solely for the benefit of the Town. The Town shall be
entitled to draw on the financial security in the event that the major
energy system's owner and/or landowner is unable or unwilling to commence
decommissioning activities within the time periods specified herein.
No other parties, including the owner and/or landowner, shall have
the ability to demand payment under the letter of credit or surety
bond. Upon completion of decommissioning, the owner and/or landowner
may petition the Town Board to terminate the letter of credit or surety
bond. In the event ownership of the system is transferred to another
party, the new owner (transferee) shall file evidence of financial
security with the Town at the time of transfer, and every year thereafter,
as provided herein.
(b)
Amount. The amount of the financial security shall be determined
by the Codes Officer after consulting with the Town-designated engineer
regarding costs of decommissioning, removal and restoration and with
the Town Attorney regarding legal fees, court costs, and expenses.
The amount of the financial security may be adjusted by the Codes
Officer upon receipt of updated cost estimates for decommissioning,
removal and restoration, and legal fees, court costs, and expenses.
(7)
Annual report. The major solar energy system owner shall, on a yearly basis, provide the Codes Officer a report showing the rated capacity of the system and the amount of electricity that was generated by the system and transmitted to the grid over the most recent twelve-month period. The report shall also identify any change in ownership of the major solar energy system and/or the land upon which the system is located and shall identify any change in the party responsible for decommissioning and removal of the system upon its abandonment. The annual report shall be submitted no later than 45 days after the end of the calendar year. Every year, to coincide with the filing of evidence of financial security, the annual report shall also include a recalculation of the estimated full cost of decommissioning and removal of the major solar energy system. The Codes Officer may require an adjustment in the amount of the surety to reflect any changes in the estimated cost of decommissioning and removal. Failure to submit a report as required herein shall be considered a violation subject to the penalties of § 118-24 of this chapter.
(8)
Ownership changes. If the owner or operator of the solar energy system
or the owner of the property changes, the special use permit shall
remain in effect, provided that the successor owner or operator assumes,
in writing, all of the obligations of the special use permit, site
plan approval, and decommissioning plan. A new owner or operator of
the solar energy system shall notify the Codes Officer within 30 days
of the ownership change.
(9)
Decommissioning and removal.
(a)
A major solar energy system that fails to generate and transmit electricity
at a rate of more than 10% of its rated capacity over a period of
12 consecutive months shall be deemed to be abandoned. The Town Board
may, after holding a public hearing on notice to the owner and operator
of the system and site owner, determine that the system shall be decommissioned
on an approved time schedule. The decommissioning and removal of a
major solar energy system shall consist of:
[1]
Physical removal of the major solar energy system from the lot, to
include, but not be limited to, all aboveground and below-ground equipment,
structures and foundations, fences, electric transmission lines and
components, roadways and other physical improvements to the site;
[2]
Restoration of the ground surface and soils to their preinstalled
condition, including grading and vegetative stabilization to eliminate
any negative impacts to surrounding properties;
[3]
Disposal of all solid and hazardous waste in accordance with local,
state and federal waste disposal regulations, and certification of
proper removal and disposal as required by the NYS Department of Environmental
Conservation or other government agency;
[4]
Stabilization and revegetation of the site with native seed mixes
and/or plant species (excluding invasive species) to minimize erosion.
(b)
Decommissioning and removal by the Town. If the major solar energy
system owner and/or landowner fail to decommission and remove an abandoned
facility in accordance with the requirements of this section, the
Town may enter upon the property to decommission and remove the system.
[1]
Procedure.
[a]
Upon a determination by the Town Board that a major solar energy
system has been abandoned, the Codes Officer shall notify the system
owner and operator and property owner by certified mail: a) in the
case of a facility under construction, to complete construction and
installation of the facility within 180 days; or b) in the case of
a fully constructed facility that is operating at a rate of less than
10% of its rated capacity, to restore operation of the facility to
no less than 80% of rated capacity within 180 days, or the Town will
deem the system abandoned and commence action to revoke the special
use permit and require removal of the system.
[b]
Being so notified, if the system owner, landowner and/or permittee
fail to perform as directed by the Codes Officer within the 180-day
period, the Codes Officer shall notify the system owner, landowner
and permittee, by certified mail, that the major solar energy system
has been deemed abandoned and the Town intends to revoke the special
use permit within 60 days of mailing the notice. The notice shall
also state that the permittee may appeal the Codes Officer's determination
of abandonment to the Zoning Board and request a public hearing.
[c]
The appeal and request for hearing shall be made and received
by the Codes Officer within 20 days of mailing notice. Failure by
the permittee to submit an appeal and request for hearing within the
twenty-day period shall result in the special use permit being deemed
revoked as stated herein. In the event the permittee appeals the determination
of the Codes Officer and requests a hearing, the Zoning Board shall
schedule and conduct the hearing within 60 days of receiving the appeal
and request. In the event a hearing is held, the Zoning Board shall
determine whether the major solar energy system has been abandoned,
whether to continue the special use permit with conditions as may
be appropriate to the facts and circumstances presented to the Zoning
Board, or whether to revoke the permit and order removal of the major
solar energy system.
[d]
Upon a determination by the Codes Officer or Zoning Board that
a special use permit has been revoked, the decommissioning plan must
be implemented and the system removed within one year of having been
deemed abandoned or the Town may cause the removal at the owner and/or
landowner's expense. If the owner and/or landowner fail to fully implement
the decommissioning plan within one year of abandonment, the Town
may collect the required surety and use said funds to implement the
decommissioning plan.
[2]
Removal by the Town and reimbursement of Town expenses. Any costs and expenses incurred by the Town in connection with any proceeding or work performed by the Town or its representatives to decommission and remove a major solar energy system, including legal costs and expenses, shall be reimbursed from the financial surety posted by the system owner or landowner as provided in § 118-74E(6). Any costs incurred by the Town for decommissioning and removal that are not paid for or covered by the required surety, including legal costs, shall be assessed against the property, shall become a lien and tax upon said property, shall be added to and become part of the taxes to be levied and assessed thereon, and shall be enforced and collected, with interest, by the same officer and in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town.
A.
Temporary vendors, such as, but not limited to, food and coffee trucks
or carts, located on private lots shall only be permitted in the C-1,
C-2, C-3, I, MU and M districts with a temporary use permit from the
Code Enforcement Officer.
B.
A temporary use permit may be issued for up to 30 days.
C.
The vendor shall not utilize a permanent roadside structure.
D.
The vendor vehicle shall be set back a minimum of 10 feet from the
public right-of-way.
E.
Safe ingress and egress from the vendor truck or cart shall be required,
including the provision of adequate pull-off areas and parking for
at least three vehicles.
F.
No freestanding signage advertising the business shall be permitted.