Land uses in all districts shall operate within
the limits specified as follows as safeguards and conditions for the
protection of the community welfare. Standard methods of collection,
measure and chemical analysis or any method approved by the United
States Bureau of Standards and Broome County Health Department shall
be used in the application of these standards.
A.
[1]Noise.
[Added 7-2-2007 by L.L. No. 5-2007;
amended 10-1-2007 by L.L. No. 7-2007]
(1)
It is the public policy of the Town of Chenango that
every person is entitled to ambient noise levels that are not detrimental
to life, health and the enjoyment of her or his property. As such,
noise disturbances are any sounds which endanger or injure the safety
or health of humans, or disturb a reasonable person of normal sensibilities.
Further, the making, creation or maintenance of excessive or unreasonable
noises within the Town menace the public health, comfort, convenience,
safety, and welfare of the people of the Town. Thus, it is hereby
declared that it shall be unlawful for any person to cause, allow
or permit to be made an unreasonable noise within the geographical
boundaries of the Town or within those areas over which the Town has
jurisdiction, including the waters, rivers and riverbanks adjacent
to, abutting or bordering the Town.
(2)
Land uses in all districts shall operate within the
limits specified as follows as safeguards and conditions for the protection
of the community welfare. Standard methods of collection, measure
and chemical analysis or any method approved by the United States
Bureau of Standards and Broome County Health Department shall be used
in the application of these standards.
(3)
Section 73-9A shall be literally construed so as to effectuate the purposes described in § 73-9A. Nothing herein shall abridge the powers and responsibilities of any police department, law enforcement agency or code enforcement department to enforce the provisions of § 73-9A. Nothing herein shall be construed to abridge the emergency powers of any health department, code enforcement department or right of such department to engage in any necessary or proper activity.
(4)
AMBIENT NOISE
A-WEIGHTED SOUND LEVEL
COMMERCIAL AREA
COMMERCIAL FACILITIES
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
COMMUNITY SERVICE FACILITY
CONSTRUCTION
CONSTRUCTION EQUIPMENT
CONTINUOUS SOUND
DECIBEL
DEMOLITION
EMERGENCY
EMERGENCY WARNING DEVICE
EMERGENCY WORK
EXTRANEOUS SOUND
FREQUENCY
IMPULSE SOUND
INDUSTRIAL FACILITY
MOTOR VEHICLE
MUFFLER
MULTIPLE-DWELLING BUILDING
NOISE
NOISE DISTURBANCE
PEAK SOUND PRESSURE LEVEL
PERSON
PLAINLY AUDIBLE
PUBLIC RIGHT-OF-WAY
PUBLIC SERVICE FACILITY
PUBLIC SERVICE INDUSTRIAL FACILITY
PUBLIC SPACE
REAL PROPERTY LINE
RESIDENTIAL AREA
RESIDENTIAL PROPERTY
SOUND
SOUND LEVEL PRESSURE
SOUND REPRODUCTION DEVICE
SOUND SOURCE
UNREASONABLE NOISE
VIBRATION
Definitions and word usage. All terminology defined herein which relates to the nature of sound and the mechanical detection and recording of sound is in conformance with the terminology of the American National Standards Institute (ANSI) or its successor body. As used in § 73-9A, the following terms shall have the meanings indicated:
The all-encompassing noise associated with a given environment,
usually a composite of sounds from many sources.
The sound pressure level, in decibels, as measured on a sound
level meter using the A-weighted network. The level so read is designated
"dBA."
A group of commercial facilities and the abutting public
rights-of-way in public spaces.
Any premises, property or facility involving traffic in goods
or furnishing of services for sale or profit, including but not limited
to:
Dining and/or drinking establishments.
Banking and other financial institutions.
Establishments providing retail services.
Wholesale services.
Recreation and entertainment.
Community services.
Public services.
Office buildings.
Transportation.
Warehouses.
Hotels and motels.
Any facility used to provide services to the public, including
but not limited to:
Any activity necessary or incidental to the erection, demolition,
assembling, altering, installing or equipping of buildings, public
or private highways, roads, parks, utility lanes or other property,
including but not limited to related activities such as land clearing,
grading, earthmoving, excavating, blasting, filling and landscaping,
but not including agriculture.
Equipment or tools used for construction activities as defined
herein.
Any sound that is not impulse sound dBA, the abbreviation
designating the unit of sound as measured by a decibel level meter
using A-weighting, also known as "dB(A)."
The practical unit of measurement for sound pressure level;
the number of decibels of a measured sound is equal to 20 times the
logarithm to the base 10 of the ratio of the sound pressure of the
measured sound to the sound pressure of the standard sound (20 micropascals);
abbreviated "dB."
Any dismantling, intentional destruction or removal of buildings
or structures.
Any occurrence or circumstance involving actual or imminent
physical or property damage which demands immediate action.
Any sound signal device used to warn of an emergency.
Any work or action necessary to deliver essential services,
including, but not limited to, repairing water, gas, electricity,
telephone or sewer facilities or public transportation facilities,
removing fallen trees on public rights-of-way, dredging of waterways
or abating life-threatening conditions.
A sound that is neither part of the neighborhood residual
sound nor comes from the source under investigation.
The number of sound pressure oscillations per second, expressed
in hertz ("hZ").
Sound characterized by either a single pressure peak or a
single burst (multiple pressure peaks) having a duration of less than
one second.
Any activity in its related premises, property, facilities
or equipment involving the fabrication, manufacture or production
of durable or nondurable goods, including any property currently or
hereafter zoned for any classification of industrial zoning according
to the Zoning Map of the Town of Chenango.
Any vehicle that is propelled other than by human or animal
power.
A properly functioning sound dissipation device or system
for abating the sound of escaping gases on equipment where such a
device is part of the normal configuration of the equipment.
Any building wherein there are two or more dwelling units.
Any sounds of such level and duration as to be or tend to
be injurious to human health or welfare, or which would unreasonably
interfere with the enjoyment of life or property throughout the Town
of Chenango.
Any sound which endangers the safety or health of or injures
humans or animals, or annoys or disturbs a reasonable person of normal
sensitivities, or endangers or injures personal or real property.
Maximum absolute value of instantaneous sound pressure level
during a specific time interval.
Any individual, association, partnership, corporation or
other entity and includes any officer, employee, department or agency
of the above.
Any sound that can be detected by a person using his or her
unaided hearing faculties. As an example, if the sound source under
investigation is a portable or personal vehicle sound application
or reproduction device, the enforcement officer need not determine
the title of the song, specific words or the artist performing the
song. The detection of the rhythmic bass component of the music is
sufficient to constitute a plainly audible sound.
Any street, avenue, boulevard, road, highway, sidewalk or
alley that is leased, owned, controlled or maintained by a government
entity, no matter how designated.
Any facility and its related premises, property or equipment
used to provide governmental services to the public, including but
not limited to:
Any facility and its related premises, property or equipment
used to provide industrial governmental services to the public, including
but not limited to:
Any real property or structures thereof that are owned, leased
or controlled by a governmental entity.
Either the imaginary line, including its vertical extension,
that separates one parcel of real property from another, or the vertical
and horizontal boundaries of a dwelling unit that is one in a multiple-dwelling
unit building.
A group of residential properties and the abutting public
rights-of-way and public spaces.
Property used for human habitation.
An oscillation in pressure, particle displacement, particle
velocity or other physical parameter in a medium with internal forces
that causes compression and rarefaction of that medium. The description
of sound may include any characteristic of such sound, including duration,
intensity and frequency.
The level of a sound measured in dB units with a sound level
which has a uniform (flat) response over the bank of frequencies measured.
Any device that is designed to be used or is actually used
for the production or reproduction of sound, including but not limited
to any amplified musical instrument, radio, television, tape recorder,
phonograph, loudspeaker, public address system or any other sound-amplifying
device.
Any person, animal, device, operation, process, activity
or phenomenon that emits or causes sound.
Any sound which is defined in § 73-9A(4).
An oscillatory motion of solid bodies, of deterministic or
random natures, described by displacement velocity or acceleration
with respect to a given reference point.
(5)
Specific acts considered to be unreasonable noise.
(a)
The factors to be considered in determining whether
the following specific acts constitute unreasonable noise in a given
situation include but are not limited to any or all of the following:
[1]
The intensity of the noise.
[2]
Whether the nature of the noise is usual or
unusual.
[3]
Whether the origin of the noise is associated
with nature or with human-made activity.
[4]
The intensity of the background noise, if any.
[5]
The proximity of the noise to sleeping facilities.
[6]
The nature and the zoning district of the area
within which the noise emanates and of the area within 500 feet of
the source of the sound.
[7]
The time of the day or night the noise occurs.
[8]
The time duration of the noise.
[9]
Whether the sound source is temporary.
[10]
Whether the noise is continuous or impulsive.
[11]
The volume of the noise.
[12]
The existence of complaints concerning the noise
from persons living or working in different places or premises who
are affected by the noise.
(b)
Specific acts include but are not limited to any of
the following acts or causes thereof which either annoy, disturb,
injure or endanger the comfort, repose, health, peace or safety of
a reasonable person of normal sensibilities, and are therefore declared
to be unlawful and to constitute unreasonable noise.
[1]
Causing or permitting the operation of any device,
vehicle, construction equipment or lawn maintenance equipment, including
but not limited to any diesel engine, internal combustion engine,
or turbine engine without a property functioning muffler.
[2]
Using, operating or permitting the use or operation
of any sound production or reproduction device (including those emanating
from houses, buildings and vehicles) to be plainly audible beyond
the source property line at any time during the day or night.
[3]
Emitting motor sounds from on-road and/or off-road
vehicles beyond the source property line at any time during the day
or night that are plainly audible and that would disturb the peace
or comfort of a reasonable person of normal sensibilities.
[4]
Emitting human sounds that are plainly audible
beyond the source property line at any time during the day or night
that would disturb the peace or comfort of a reasonable person of
normal sensibilities.
[5]
Causing a vehicular sound reproduction system
to be plainly audible at a residential property line in such a manner
as to be disturbing or a nuisance to reasonable persons of normal
sensibilities at any time during the day or night. As an example,
if the sound source under investigation is a portable or personal
vehicular sound amplification or reproduction device, the detection
of the rhythmic bass component of the music or voice is sufficient
to verify plainly audible sound. An enforcement officer need not determine
the title, specific words or the artist performing the music or song.
[6]
Operating or permitting the use of any tools
or equipment in an R Residential District for construction, drilling,
excavation or demolition work between the hours of 9:00 p.m. on Saturday
and 7:00 a.m. on Monday, where such sound created from the use or
operation thereof is plainly audible across a residential property
line, except in cases of an emergency.
(6)
Maximum permissible continuous sound levels. In addition to those specific prohibitions set forth hereinabove in § 73-9A(5), the following general prohibitions regarding continuous sound levels shall apply in determining unreasonable noise. For the purpose of § 73-9A, noise shall be measured as follows:
(a)
The measurement of sound or noise shall be made with
a sound level meter meeting the standards prescribed by the American
National Standards Institute.
(b)
The slow meter response of the sound level meter shall
be used in order to best determine that the average amplitude has
not exceeded the limiting noise level.
(c)
Measurement of noise levels shall be made at or beyond
the property line of the property on which such noise is generated
or perceived, as appropriate, and shall be taken at least four feet
from ground level.
(d)
Compliance with the noise limits shall be maintained
at all elevations at the boundary of the property.
(e)
Daytime hours shall be between 7:00 a.m. and 11:00
p.m. Nighttime hours shall be between 11:00 p.m. and 7:00 a.m.
(8)
Variances. Upon written petition to the Zoning Board
of Appeals, that Board may grant a variance as to the limits specified
hereinabove. Such variance shall be issued for specific properties
and shall specify both limits and hours during which those limits
are applicable.
(9)
Exceptions. Unless the sound levels are dangerous
or injurious to the health or safety of a person, the provisions of
this law shall not apply to:
(a)
Sounds and vibrations emitted for the purpose of alerting
people in emergencies.
(b)
Sounds created by bells or chimes of religious institutions.
(c)
Sounds created by any public entity in the course
of its duties (fire companies, tow trucks, schools, police agencies,
etc.).
(d)
Noise from burglar alarms of any building or motor
vehicle.
(e)
Sound and noise from power tools or construction-related
equipment or activities on Sundays, where the tools or construction-related
activities are used or conducted by or on behalf of the property owner
for the maintenance or improvement of the owner's principal residence.
(f)
Noise from lawn mowers and related lawn equipment,
snowblowers, snowplows and agriculture equipment.
(g)
Noise typically associated with residential uses (e.g.,
air conditioners in good working order, swimming pool filter motors,
etc.).
(h)
Noise created by the normal operation of public and
private schools, typically consisting of classes and other school-sponsored
activities, noise generated by municipally sponsored concerts and
special events.
(i)
Noise generated by events of bona fide charitable
organizations under the New York State Not-for-Profit Corporation
Law.
(j)
Noise allowed by special permit issued by the Town
of Chenango.
(k)
Noise due to emergency repairs during any hour of
any day of the week and construction equipment being loaded or unloaded
on Sundays in a residential district.
(10)
Enforcement and administration. The noise control requirements established by § 73-9(A) shall be administered and jointly enforced by the Town enforcement officers and the police agencies of Broome County or officials authorized by the Town Board of the Town of Chenango. Violations of § 73-9A may be established upon verbal or written complaint by at least one person.
(11)
Penalties for offenses. Any person who violates any provision of § 73-9A shall be deemed guilty of a violation and, upon conviction thereof, shall be subject to penalties in the following manner:
(a)
Upon a first conviction: by a fine of not less
than $50 and not more than $250 or by imprisonment for a period not
to exceed seven days, or by both such fine and imprisonment.
(b)
Upon a second conviction: by a fine of not less
than $100 and not more than $1,000 or by imprisonment for a period
not to exceed 10 days, or by both such fine and imprisonment.
(c)
Upon a third or subsequent conviction: by a
fine of not less than $250 and not more than $3,000 or by imprisonment
for a period not to exceed 15 days, or by both such fine and imprisonment.
(d)
If the violation is of a continuing nature,
each eight-hour period during which it occurs shall constitute an
additional, separate and distinct offense.
[1]
Editor's Note: Former Subsection A, Noise,
as amended, was repealed 9-18-2006 by L.L. No. 4-2006.
B.
Odor. It shall be unlawful for any person to permit
the emission of any odor that is unreasonably offensive as measured
at the individual property lines.
C.
Parking.
[Amended 6-11-2003 by L.L. No. 1-2003]
(1)
Each land user must provide sufficient suitable on-site
parking spaces to prevent any necessity for off-site parking, as required
by this chapter.
(2)
It shall be unlawful to park any tractor-trailer truck
or a trailer for a tractor-trailer truck or a tractor-trailer truck
attached to a truck in any neighborhood with a residential designation.
E.
Noxious gases.
[Amended 6-11-2003 by L.L. No. 1-2003]
(1)
It shall be unlawful for any person to permit the
escape of such quantities of noxious acids, fumes or gases that may
affect the comfort or safety of any person or have a tendency to cause
injury or damage of property, business or vegetation.
(2)
Vehicles and equipment left idling create a nuisance
to Town residents in the form of harmful exhaust fumes and noxious
gases. Thus, it shall be unlawful for any person or entity to cause
or to permit any vehicle to idle in a residentially designated zone
for more than five minutes in any sixty-minute time period other than
a legally authorized emergency vehicle or unless the engine is being
used to operate a loading, unloading or processing device.
F.
Glare. It shall be unlawful for any person to carry
on a process such that a continuous direct or sky-reflected glare,
whether from floodlights or welding or temperature process, such as
combustion or welding, or other such high intensity or brilliance
to be carried on at such a location as to cause glare or impair the
vision of the driver of any motor vehicle.
G.
Fire and safety hazards.
(1)
All buildings, operations, storage, waste disposal,
etc. shall be in accordance with the applicable provisions of the
New York State Uniform Fire Prevention and Building Code.[3]
[3]
Editor's Note: Former Subsection G(2), Open burning, which
immediately followed, was repealed 7-6-2022 by L.L. No. 4-2022.
H.
Open storage. It shall be unlawful for any person
to permit the open storage of any material, scrap or waste, including
usable and/or salvageable merchandise or stock-in-trade, without screening,
such as a fence, hedge or other barrier at least eight feet high,
that makes the open storage invisible to persons passing in a normal
manner any property line facing the public right-of-way. Location
of said screening shall be subject to the front, side and rear yard
restrictions; provided, however, that protective fencing, decorative
planting, etc. shall not be subject to these restrictions.
I.
Smoke. It shall be unlawful for any person to permit
the emission of any smoke from any source whatsoever that is unreasonably
offensive as measured at the individual property line.
[Amended 9-18-2006 by L.L. No. 4-2006]
J.
Pollution of water. It shall be unlawful for any person
to permit the pollution of surface water drainage or of groundwater
in any manner that renders it less usable in quality and quantity
for irrigation, swimming, drinking, visual attractiveness or whatever
lawful uses made of water resources to persons downstream than such
water's usefulness as it enters said person's property or area of
operation. County Health Department standards shall be met.
K.
Height exceptions. The limitations of height shall
not apply to chimneys, silos, ventilators, skylights, tanks and other
necessary features usually carried above roofs, nor to towers or spires
of churches or other buildings, if such features are in no way used
for living purposes.
L.
Visibility at intersections. On corner lots, no fence,
wall, hedge or other structure or planting more than 24 inches above
the adjacent road center line which restricts visibility at an intersection
shall be erected, placed or maintained within the triangular area
formed by the intersecting street lines and a straight line joining
said street lines at points which are 30 feet distant from the point
of intersection, measured along said street lines.
[Amended 7-16-1979]
M.
Dwellings on small lots. Nothing in this section or
any amendment thereto shall prohibit the erection of a one-family
dwelling on any lot of less than the required area, provided that
all other provisions of this section are complied with, if such lot
at the time of the passage of the Town of Chenango Zoning Ordinance,
amended, as adopted May 23, 1966, is held under separate ownership
or lesseeship from the adjoining lots or if the adjoining lot or lots
are under the same ownership or lesseeship and are not vacant lots.
[Amended 5-5-2008 by L.L. No. 2-2008]
(1)
Dwellings on small lots established prior to the enactment
date of this local law.[4] Any parcel of land with frontage, depth, width with area
conforming to that prescribed for a lot in the district in which said
lot is situated prior to the adoption of this local law may be used
as a lot for the purpose permitted in the district without obtaining
a variance from the Zoning Board of Appeals, provided all other provisions
of the previously existing regulations have been complied with.
[4]
Editor's Note: “This local law”
refers to L.L. No. 2-2008.
N.
Waste disposal and storage of material. Dumping of rubbish, refuse, garbage, waste material or other substances is prohibited in all restricted districts within the Town; nonputrescible materials may be used for the purpose. Any such fill is to be leveled immediately, and when such fill is completed, it shall be covered immediately with at least four inches of clean earth. No materials of any kind shall be stored outdoors on the premises in any restricted districts, except for the construction of a structure to be actually erected on the premises upon which the materials are stored within a period of one year from the date of such storage. [See also § 73-12C(4).]
O.
Change of use. No change shall be made in the use
or type of occupancy of an existing building unless a certificate
of occupancy shall have been issued by the Code Enforcement Officer.
P.
Fuel vessels and containers. Any vessel or container
used for the purpose of holding or storing any fuel for use incidental
to the principal use of a dwelling as a residence, in any zoned area,
shall be considered an accessory structure as defined herein, whether
in or on the ground. The setback from side or rear property lines
shall be not less than 10 feet, and the construction and installation
shall be in accordance with the New York State Uniform Fire Prevention
and Building Code. All other rules and regulations shall apply thereto
unless there is provision otherwise. Fuel shall include, but is not
limited to, gasoline, kerosene, fuel oils, natural gas and manufactured
gas.
[Amended 4-15-1996 by L.L. No. 2-1996]
Q.
Swimming pools.
[Added 6-1-1981]
(1)
All outdoor swimming pools shall be considered an
accessory building, as defined in this chapter.
(2)
(3)
Aboveground pools.
[Amended 4-15-1996 by L.L. No. 2-1996; 10-6-1997]
(a)
Protection: shall conform to New York State Uniform
Fire Prevention and Building Code regulations.
(4)
Lighting. All lighting shall be diffused and directed
away from neighboring property.
R.
Grass and undergrowth. It shall be unlawful for any
person to permit grass or undergrowth to exceed 12 inches in height
on a developed residential lot or portions thereof, as determined
by the Code Enforcement Officer.
[Added 3-12-1997]
A.
Continuation. The lawful use of any building or land
existing at the time of the enactment of this chapter may be continued
although such use may not conform to the provisions of this chapter,
unless specifically provided for elsewhere in these regulations.
B.
Changes. A nonconforming use can be enlarged or expanded
to the border of the parcel's boundaries as they existed at the time
the use became nonconforming, and no further. A parcel's use may be
changed to a more restrictive classification and, when so changed,
shall not thereafter resume the less restrictive use.
[Amended 7-10-2024 by L.L. No. 3-2024]
C.
Completion. Nothing in this section shall prohibit
the completion of any lawful structure for which the excavation has
been prepared and the foundation walls constructed at the date this
chapter takes effect; provided, however, that construction must be
completed within a period of one year from that date.
D.
Reconstruction. Any structure containing a nonconforming
use which has been wholly or partially destroyed by means other than
intent or design beyond 50% of its assessed valuation may not be constructed
or repaired for the designated nonconforming use existing prior to
the event. Any structure containing a nonconforming use which has
been partially destroyed by means other than intent or design to a
lesser extent than 50% of its assessed valuation may be reconstructed
or repaired within one year thereafter for the designated nonconforming
use prior to the event.
E.
Cessation.
(1)
Whenever a nonconforming use of a building and/or
land has ceased for six months, any future use shall be in conformity
with the provisions of this chapter.
(2)
Any use requiring a license or special permit which
becomes nonconforming as of the date of the adoption of these regulations
shall, within six months, apply for and secure such license or permit
and shall file such plot plans or maps as may be required. In addition,
the Town may, within one year from the issuance of such license or
permit, require such screening, landscaping or grading as may be reasonable
and consistent with the purpose and intent of those regulations.
(3)
Any extension of a use in a zoned area permitting
such use shall conform to the requirements set forth in these regulations.
[Amended 8-17-1981]
B.
Aquifer District.
[Added 7-18-1983; amended 8-19-1991]
(1)
The purpose and intent of establishing the wellhead
aquifer recharge and watershed protection areas described in this
subsection is to minimize the potential for contamination of the aquifer
which currently supplies or in the future may supply water to users
in the Town of Chenango and thereby to protect and maintain groundwater
quality in the protection zones tributary to the Chenango Water District
well fields and to protect the general health and safety of the residents
of the Town of Chenango. The Aquifer District shall include those
areas set forth on an aquifer map established by enactment of the
Town Board of the Town of Chenango and incorporated as part and parcel
of this chapter.[2]
[2]
Editor's Note: The Aquifer District Map is
on file in the office of the Town Clerk.
(2)
Nonapplicability. The Aquifer District regulations contained herein in their entirety, and including §§ 73-12C(12); 73-55, Attachment XII; 73-56, Attachment XIII; and 73-57, Attachment XIV; and all schedules, designations and regulations thereunder shall not apply to any activity or development regulated by the Environmental Conservation Law, Article 23, Title 27, entitled the "New York State Mined Land Reclamation Law."
[Added 12-16-1991[3]]
[3]
Editor's Note: This legislation also renumbered
former Subsection B(2) and (3) as B(3) and (4).
(3)
AQUIFER
AQUIFER RECHARGE ZONE
CONE OF DEPRESSION
CONSTRUCTION AND DEMOLITION DEBRIS
DEVELOPMENT
DISCHARGE
GROUNDWATER
PERSON
REFUSE
TOXIC OR HAZARDOUS MATERIAL
VIOLATION
WATERCOURSE
WATERSHED ZONE
WELLHEAD PROTECTION ZONE
Definitions. As used in this subsection, the following
terms shall have the meanings indicated, except where the context
clearly indicates a different meaning:
A saturate permeable subsurface geologic unit that can transmit
a significant quality of water under ordinary hydraulic gradients.
Those land areas outside the Wellhead Protection Zone (Zone
I) through which a large volume of precipitation or surface runoff
flows directly into the aquifer. This area is designated on the Wellhead
Protection Map as "Zone II."
The depression, roughly circular in shape, produced in a
water table or other piezometric surface by the extraction of water
from a well at a given rate. The volume and extent of the cone varies
with the rate and duration of withdrawal of water.
Solid wastes resulting from land clearing, road building
or the construction, demolition and repair of structures. Such wastes
include, but are not limited to, bricks, concrete, rock, lumber, paving
materials, tree stumps and brush.
Any man-made change to improved or unimproved real estate
that includes, but is not limited to, the construction of buildings,
tanks or other material storage facilities, the renovation of structures,
dredging, filling, grading, landfilling, commercial excavation or
the installation of pipelines and waste treatment facilities.
Discharge denotes the release of a material by any means
onto the surface of the ground, below the surface of the ground, into
surface waters or into groundwaters.
The subsurface water found in soils and geologic formations
that are fully saturated.
A single individual, a group of individuals, an association,
a company or a corporation.
All putrescible and nonputrescible solid waste that includes,
but is not limited to, garbage, rubbish, ashes, incinerator residue,
junk cars, dead animals, commercial wastes, medical wastes and industrial
wastes.
Any substance, whether in solid, liquid or gaseous state,
that because of its characteristics may present a potential hazard
to human health or the drinking water supply if discharged to the
surface of the land or the aquifer in the Town of Chenango. This includes,
but is not limited to, hazardous substances listed in Part II of Title
40 of the Code of Federal Regulations, as amended; substances that
meet the hazardous waste characteristics tests as defined by the Federal
Resource Conservation and Recovery Act of 1976, as amended; and the
regulations adopted pursuant thereto; acids or bases beyond a pH range
of 6.5 to 8.5; petroleum products; metal plating solutions; solvents
or degreasers. This definition shall not include natural gas subject
to regulation by state or federal authorities.
A failure to comply with or conform to the provisions of
this section.
A stream channel with either intermittent or continuous water
flow.
The land surface that is hydraulically tributary to the Aquifer
Recharge Zone as so designated on the official map of the Aquifer
District.
The land area that is so designated on the official Aquifer
District Map.
(4)
Designation of districts; Zoning Map.
(a)
For the purpose of this chapter, the Town of
Chenango is hereby divided into the following types of aquifer district
zones, all of which are depicted on the Official Map of the Town of
Chenango adopted herewith and made part of this chapter:
(b)
The specific uses permitted in each zone are
set forth in detail in § 73-55, attachment number XII, entitled
"Schedule of Regulations Aquifer District -- Zone I, Wellhead Protection
Area;" § 73-56, attachment number XIII, entitled "Schedule
of Regulations Aquifer District -- Aquifer Recharge Zone;" and § 73-57,
attachment number XIV, entitled "Schedule of Regulations Aquifer District
-- Watershed Area," all of which are incorporated herein and made
a part and parcel of this chapter.
[Amended 7-16-1979; 2-7-1983; 7-18-1983; 11-6-1989; 8-19-1991; 12-16-1991; 9-13-1993; 1-24-1994; 4-15-1996 by L.L. No. 2-1996; 5-5-2008 by L.L. No. 2-2008; 7-7-2008 by L.L. No.
3-2008; 6-1-2020 by L.L. No. 3-2020]
Uses permitted after the issuance of a special
permit by the Planning Board shall conform as follows:
A.
The provisions prescribed herewith for each special
permit use.
B.
All other applicable provisions for the district for
which said use is permitted unless said provisions are waived by the
Planning Board.
C.
The special permit uses are as follows:
(1)
Professional offices/home occupations. Any use conducted
entirely within a dwelling which is clearly incidental and secondary
to residential occupancy and does not change the character thereof
nor, with the exception of a permitted sign, have any exterior evidence
of such secondary use. Such permitted professional offices/home occupations
shall include, but shall not be limited to, the following: accountant,
architect, artist, barber, beautician, chiropractor, dentist, dressmaker,
engineer, insurance broker, lawyer, medical doctor, real estate broker,
repairman (excluding the repair of motor vehicles), surveyor, tailor
and teacher.
(a)
Regulations. A professional office/home occupation
may be permitted in a dwelling in an R District, in an A-Agricultural
District, except that a home occupation shall be permitted in an existing
accessory building on the same parcel as the principle residence within
an Agricultural Zone only, or Residential Zone of the PDD Districts,
provided that:
[1]
The home occupation shall consist of the inhabitants
and not more than two noninhabitants of the dwelling.
[2]
(Reserved)
[3]
One vehicle parking space with a minimum dimension
of eight feet six inches by 18 feet with necessary ingress and egress
to said parking space and not on any part of the public right-of-way
shall be provided for each 100 square feet of gross floor area of
the professional office/home occupation.
[4]
Appropriate landscaping shall be provided in
conformity with the district in which such professional office/home
occupation is located.
[5]
The Planning Board shall review the site plan
site and make a determination that the use will not constitute a traffic
hazard or otherwise be detrimental to the residential character of
the area. The Planning Board may place conditions on use to alleviate
such hazards.
(b)
Restrictions or prohibitions.
[1]
Indoor and/or outdoor storage or display of
merchandise not produced by such home occupation.
[2]
Window displays.
[3]
Use of property as a dropoff point for merchandise
not produced by such home occupation.
[4]
Selling of merchandise not produced by such
home occupation.
[5]
Building alterations and storage of equipment
and machinery visible from off the lot on which the home occupation
is located.
[6]
Storage and display of merchandise produced
by such home occupation which is visible from off the lot on which
the home occupation is located.
[7]
Special permit shall expire when the home occupation
changes ownership when the nature of the home occupation changes or
the real property changes ownership or for what ever conditions the
Planning Board may establish.
(2)
Electrical distribution substations and other public
utility structures. Electrical distribution substations and other
public utility structures may be permitted in any district, provided
that:
(a)
A facility, when not housed in a completely
enclosed structure, shall be enclosed with a fence set back from property
lines in accordance with the yard requirements as set forth for principal
structures for the district in which said facility is located.
(b)
Appropriate landscaping shall be provided in
conformity with the district in which such facility is located.
(c)
The facility shall not involve business offices,
storage areas or structures requiring trucking or traffic movements.
(d)
At no point at the boundary of said public utility
site in residential areas shall the sound-pressure levels exceed tolerable
levels in accordance with accepted standards as determined by the
County Health Authorities and/or the Public Service Commission.
(3)
Nursing homes, hospitals or medical arts buildings.
Nursing homes, hospitals or medical arts buildings, not including
homes for the mentally defective, may be permitted in A Residence
Districts, provided that:
(a)
No principal building shall be located closer
than 50 feet to any lot line which is not a street line.
(b)
The location shall be such as to offer reasonable
protection to the neighborhood against possible detrimental effects,
taking into consideration the physical relationships to surrounding
properties and access to the site over any nearby residential streets.
The Planning Board shall determine appropriate safeguards after review
of the site plans.
(d)
Signs. A special permit to exceed the requirements
as set forth for permitted signs may be granted if the use for which
such permits is sought will meet the requirements set forth in this
chapter.
(4)
Dump or waste disposal.
(a)
No dump or waste disposal lot, land or part
thereof used for the disposal of garbage, sewage, trash, refuse, junk,
discarded machinery, vehicles or parts thereof or waste material of
any kind by abandonment, dumping, burial, burning or any other means
and for whatever purpose shall be used until a special use permit
for said use has been obtained from the Planning Board, provided that
said special permit use complies with the Town of Chenango Dump and
Waste Disposal Ordinance.[1]
[1]
Editor's Note: See Ch. 34, Dumping.
(5)
Use of cellars as dwellings. A cellar or basement
may be used as a dwelling subject to specifications and requirements
for dwellings in R Residential District or to the specifications and
requirements for dwellings where said use is located in another district
which permits residential uses, provided that no cellar shall be used
as a dwelling until a special permit for a term not to exceed two
years has been obtained from the Planning Board. The Planning Board
shall require any additional regulations and specifications as it
deems necessary in case a permit is issued. The Planning Board may
renew the permit once for an additional period not to exceed one year,
but in no case is the Planning Board obligated to issue or renew such
a permit.
(6)
Amusement centers. A special permit for amusement
centers in NC Districts may be granted by the Planning Board, provided
that, upon review of the submitted site plan, the Planning Board determines
that the proposed use shall be in conformance with the provisions
of the Zoning Ordinance (Schedule of Regulations) as it relates to:
(a)
Location and size of the parking area (number
of required spaces approved by the Board).
(b)
Traffic circulation.
(c)
Proper lighting system (diffused, no glare).
(d)
Landscaping (properly maintained screening adjacent
to R District).
(e)
Size and location of signs.
(f)
Other conditions deemed necessary by the Board.
(7)
Aviation landing fields. An aviation landing field is permitted only after special permit for said use has been obtained from the Planning Board, provided that the special permit use complies with Article VII.
(8)
Gasoline service stations and auto repair shops. Gasoline service stations and auto repair shops shall be subject to the issuance of a special permit by the Planning Board as provided in § 15-4 and shall also be subject to the following conditions:
(a)
No garage or filling station shall be located
within 250 feet of the lot or parcel occupied by a public or private
school, public or private hospital, public library or a church. The
measurement distance shall be from the closest lot line to the closest
lot line.
(b)
Pumps, lubricating or other devices shall be
located at least 20 feet from any street line or highway right-of-way.
(c)
All fuel, oil or similar substances shall be
stored at least 35 feet distance from any street or lot line.
(d)
All automobile parts, dismantled vehicles and
similar articles shall be stored within a building.
(e)
No repair work shall be performed out of doors.
(f)
No more than one unlicensed vehicle shall be
stored outside of the building at any one time.
(g)
Such other conditions as may be deemed appropriate
by the Planning Board to preserve the character of the district and
to protect adjacent property.
(9)
Quarry, sandpit, gravel pit and topsoil stripping. Quarries, sandpits, gravel pits and topsoil stripping shall be subject to the issuance of a special permit by the Planning Board, provided that the Board receives sufficient evidence to indicate that the proposed use will not materially harm property nor comprise a nuisance to the health, safety or welfare of the community. The Board may impose such conditions and safeguards as may be deemed necessary to protect and conserve adjacent property and to maintain the character of the district, as provided in § 15-4, and shall be in conformity with the Town of Chenango Excavation Ordinance.[2]
(10)
Adult entertainment business.
(a)
Adult entertainment businesses shall be subject to the issuance of a special permit by the Planning Board, as provided in § 15-4 of this Code, and shall be subject to the following conditions:
[1]
No adult entertainment business shall be located
within 1,000 feet of a residential area.
[2]
No building housing an adult entertainment business
shall be located closer than 50 feet to any street line.
[3]
No signs of any kind shall be permitted on the
exterior of any building housing an adult entertainment business,
except for one unlighted sign, two square feet in size, affixed to
the front of the building. Said permitted sign shall not project above
the roof nor perpendicular to any face of the building where it is
affixed. Said sign may indicate the type of business but contain no
illustrations.
[4]
No adult entertainment business shall be located
within 1,200 feet of a school, church, park or playground. The measurement
shall be from closest lot line to closest lot line.
(b)
Such special permit shall be for a period of
one year. Applications for subsequent years may be considered by the
Planning Board in the same manner as the original application.
(11)
Restaurants, eating or drinking establishments not
selling or serving alcoholic beverages. Under certain circumstances,
the Planning Board may or may not grant an applicant permission to
establish an eating or drinking establishment within a Neighborhood
Commercial District, provided that no alcoholic beverages are sold
or consumed on the premises, after a normal public hearing and site
plan review.
(12)
Aquifer District.
(a)
General requirements for all Aquifer District
Zones.
[1]
An operations permit must be obtained for all
currently existing nonconforming developments within all Aquifer Zones.
[2]
No person shall perform any act which may result
in the contravention of water quality standards contained in 10 NYCRR
Part 5 (Drinking Water Supplies) or any other applicable federal or
state law or regulation.
[3]
The area lying within the boundaries of a wellhead
protection zone is to be designated as a sensitive environmental area.
(b)
Nonconforming use permits.
[1]
The owner of an existing development made nonconforming
by this chapter shall obtain from the Town of Chenango Planning Board
an operating permit. Unless a permit has been granted within one year
following the adoption of this chapter, such nonconforming operation
shall cease.
[2]
Upon review of the application and all supporting
documentation, the Planning Board shall determine if any corrective
action is required to lessen or remove the risk of groundwater contamination
posed by the nonconforming development. When the applicant demonstrates
to the Planning Board that all required corrective action has been
implemented, the Planning Board shall issue an operating permit for
the development.
(c)
New development permits. Any new construction
or development within a wellhead protection zone that exceeds any
of the criteria below listed shall be allowed only on issuance of
the special permit by the Planning Board.
[1]
Any new construction or development, other than
residential, farming, gardening, forestry, harvesting or grazing,
that exceeds $50,000 in cost.
[2]
Any new construction or development that involves
the storage of toxic or hazardous materials exceeding 55 gallons or
500 pounds or the use of toxic or hazardous materials exceeding 55
gallons or 500 pounds in a single month.
[3]
Any new project that requires a permit from
the New York State Department of Environmental Conservation.
(d)
Application for new development permits. An
application for a new development permit shall submit the following
information:
[1]
The name, address and telephone number of the
applicant.
[2]
If the applicant is a corporation, the names,
addresses and telephone numbers of the principal corporate officers
and directors; in a partnership, the names and addresses of the partners.
[3]
A map showing the location of the premises for
which the permit is sought and plans prepared by a licensed professional
engineer or architect that show all features necessary for the satisfactory
on-site conveyance, storage, use and disposal of sanitary wastes,
stormwater runoff, process wastes and toxic or hazardous wastes within
the property boundaries of the business or commercial establishment.
[4]
Whenever storage of hazardous or toxic materials
exceeds 500 gallons or 5,000 pounds or the use exceeds 500 gallons
or 5,000 pounds in a single month, provisions for the containment
of any potential spills or such other protection as the Town Planning
Board may deem appropriate.
[5]
Copies of any permits and applications to any
other governmental agency.
[6]
A list of all toxic or hazardous materials currently
used or stored on the premises that includes quantities, methods of
storage, usages and methods of disposal.
[7]
One completed original and two copies of the
Town of Chenango Groundwater Protection Form.
[8]
Such other information that the Planning Board
shall determine necessary to a decision on the application.
(e)
Issuance of nonconforming use or development
permits. The Town Planning Board may grant a permit, deny a permit
or grant a permit with stated conditions. The applicant shall use
the best available means to prevent contamination of the water supply
of the Town of Chenango. This requirement shall be a continuing requirement.
The Town Zoning Board shall maintain continuing jurisdiction and shall
have the power and authority to require the applicant to maintain
the development or facilities using state-of-the-art technology.
(f)
Change in use or ownership. A permit holder
shall be responsible for submitting an application for a new permit
if hazardous or toxic materials not listed in the original permit
are subsequently used or stored at the site. A change in ownership
of the property shall necessitate the issuance of a new permit.
(13)
Kennels for the care and breeding of pets and domestic animals. Kennels for the care and breeding of pets and domestic animals shall be subject to the issuance of a special permit by the Planning Board as provided in § 15-4 and shall be subject to the following standards:
(14)
Riding academies, rodeos, animal expositions and competitions
either for profit or not for profit.
(15)
Additional accessory structures: More than two accessory structures. Additional accessory structures shall be subject to the issuance of a special permit by the Planning Board as provided in § 15-4 and shall be subject to the following standards:
(a)
The additional accessory structures shall not be in conflict with
the character of the neighborhood and surrounding properties.
D.
Suspension or termination of special permits. Said
special permit(s), granted upon application, public notice and hearing
may be withheld or withdrawn upon determination that:
E.
Fee schedule. The Town Board shall establish a schedule
of fees for special permit uses payable when the permit is applied
for. Permits issued under such a schedule shall expire one year from
the date of issue.
F.
Grace period.
(1)
No legal action shall be taken against any person
with regard to any violation of this article, which violation exists
on the date of the enactment of this article, provided that such person
terminates all violations by him, whether by removal, repair or permit
as herein provided, within 12 months of said enactment date.
(2)
Upon the creation of any additional sewer districts
or expansions of existing districts, all violations which exist shall
be terminated, whether by removal, repair or permit, as herein provided,
within 12 months of receiving written notification of sewers being
available.
