[Amended 12-27-2005 by L.L. No. 7-2005]
This article contains the general and specific
standards for the conditional and special permit uses listed in the
Use Table.[1] The procedures for the review of conditional use applications by the Planning Board are included in Article XI; the procedures for review of special permit use applications by the Town Board are included in Article XVIII.
[1]
Editor's Note: The Tables of General Use Requirements
for all districts are located at the end of this chapter.
[Amended 12-27-2005 by L.L. No. 7-2005; 7-16-2019 by L.L. No. 3-2019]
The following provisions for conditional use
and special permit use approval shall be the minimum conditions for
such uses:
A.
The proposed use shall be of such location, size,
and character that it will be in harmony with the appropriate and
orderly development of the district in which it is proposed to be
situated and shall not be detrimental to the site or adjacent properties
in accordance with the zoning classification of such properties. The
Town Board or Planning Board, as appropriate, must determine that
the proposed use meets the intent of this chapter and the intent of
the zoning district in which the use is proposed. The approving board
may require a reduction in the size, intensity or density of the use
to ensure the standards set forth herein are met. In this regard,
the Board may consider, without limitation, lighting, noise, outdoor
storage, visual character, site design, and architectural character.
The approving board may require the submission and approval of a photometric
plan, noise impact analysis, visual impact analysis, floor plans and
building elevations to make this determination.
B.
The location and size of such use, the nature and
the intensity of the operations involved in or conducted in connection
therewith, its site layout and its relation to access streets shall
be such that both pedestrian and vehicular traffic to and from the
use and the assembly of persons in connection therewith will not be
hazardous. The approving board may specifically require the submission
of a traffic impact analysis to make such determination.
C.
Roadway improvements which are necessary and/or proposed
to mitigate project related traffic impacts shall be such that they
do not negatively impact the character of the neighborhood in which
they are located.
D.
Traffic access shall be designed so that local roadways
through residential neighborhoods are not impacted by the diversion
of traffic from more congested main roadways as a result of the proposed
access design and the additional traffic volume generated by the proposed
special permit use, including trips generated during off-peak nighttime
and/or weekend hours.
E.
Traffic flow to and from the site and the operation
of street intersections at peak weekday, weekend and appropriate seasonal
traffic hours in the vicinity of the site, taking into consideration
any proposed or required street improvements, shall be such that the
use shall not create nor increase any vehicular or pedestrian safety
hazard or decrease the level of service at any such street intersection.
F.
Proposed off-street parking and loading facilities
shall be of adequate size for the particular use, properly and safely
located and designed, and suitably screened from adjoining residential
and other uses, and the entrance and exit drive(s) shall be designed
to achieve maximum convenience and safety.
G.
The location and height of the buildings, the location,
nature and height of walls and fences, and the nature and extent of
landscaping on the site shall be such that the use will not hinder
or discourage the development and use of adjacent land and buildings.
The approving board may specifically require submission of a landscape
plan to make such determination.
H.
The proposed
use will not require such additional public facilities or services
or create fiscal burdens upon the Town greater than those which characterize
uses permitted by right and will not require such facilities or services
that are greater than current or anticipated levels. The approving
board may consider, if and as applicable, whether the proposed use
will provide economic benefits to the Town and its residents and,
at the same time, will avoid adverse economic impacts to other existing
uses. The approving board may require a fiscal impact analysis to
make such determinations.
I.
The physical
characteristics of the site, including its soils, vegetation, topography,
wetlands and other environmental features and physical characteristics,
shall be such that the land will be suitable and conducive to the
orderly, safe and appropriate development of the proposed use, including
its proposed design and location on the site, its proper buffering
from surrounding properties and land uses, and the protection provided
for environmental features, including wetlands, steep slopes, and
important vegetation, including mature woodlands and specimen trees.
The approving board may require submission of wetland surveys and
reports and ecological studies to make this determination.
J.
The proposed
use, including its design and location on the site, will not create
a hazard to life, limb or property because of fire, flood, erosion
or panic, or by its inaccessibility for the safe and convenient entry
and operation of fire and other emergency apparatus, or by the overcrowding
of land or undue concentration or assemblage of persons within such
or upon such property.
K.
The proposed
use, including its design and location on the site, will be compatible
with the protection of groundwater resources. The approving board
may require submission of a hydrologic study or other report to ensure
this standard is met.
L.
Facilities
for the treatment, removal or discharge of sewage, refuse or other
effluent, whether liquid, solid, gaseous or otherwise, that will be
generated by the proposed use will be adequate for such purpose. The
approving board may require submission of a wastewater study to ensure
this standard is met.
M.
All performance standards, as set forth in § 235-66 of this chapter, shall be met by the proposed special permit use.
N.
The operation
of the proposed use shall not overburden or otherwise interfere with
the orderly enjoyment of neighboring parks, recreational facilities
or other public facilities.
O.
The safety,
health, welfare, comfort, convenience and order of the Town will not
be adversely affected by the proposed special permit use and its proposed
location on the site.
P.
In addition
to the general standards for conditional uses and special permits
as set forth above, the approving board may, as a condition of approval
of any such uses, establish any other additional standards, conditions,
and requirements, including a limitation on hours of operation, as
it may deem necessary or appropriate to promote the public health,
safety, and welfare and to otherwise implement the intent of this
chapter.
Q.
As a condition
of all special permit and conditional use permits, right of entry
for inspection with reasonable notice shall be provided to determine
compliance with the conditions of said permit.
R.
All conditional
and special permit authorizations shall expire and be void unless
a building permit or certificate of occupancy is issued within 180
days of the Town Board's or Planning Board's, as appropriate, authorization
of the use; provided, however, that, upon the request of the applicant
prior to said expiration, two ninety-day extensions of time may be
granted by the Board.
Public utility buildings, water supply reservoirs,
community wells, sewage treatment plants, water treatment facilities
and transmission lines and towers for electric power, telephone and
gas are subject to the following supplementary requirements:
A.
These uses shall be subject to a finding by the Town Board and any other agency, such as the State Public Service Commission, with jurisdiction, in addition to the standards of § 235-32, that a public necessity exists for such use and that use of the particular site for which application is made is necessary from the public standpoint.
B.
The Town Board may require that such use be enclosed
by protective fencing with a gate, which shall be closed and locked
except when necessary to obtain access thereto.
C.
The installation shall be designed, enclosed, painted
and screened with evergreens so that it will be harmonious with the
area in which it is located. The entire property shall be suitably
landscaped and maintained in reasonable conformity with the standards
of property maintenance of the surrounding neighborhood; such landscaping
shall be installed before a certificate of occupancy is issued.
D.
Adequate off-street parking areas shall exist or be
provided for maintenance, service or other vehicles.
E.
In appropriate cases, satisfactory evidence shall
be submitted establishing that there will be no interference with
radio and television reception on adjoining property in the neighborhood.[1]
[1]
Editor's Note: Former § 30.8.4,
Accessory Apartment Units, which immediately followed this subsection,
was deleted 6-10-1996 by L.L. No. 3-1996.
[Amended 5-10-1999 by L.L. No. 4-1999]
Golf or country clubs are subject to compliance
with the following supplementary requirements:
A.
Bulk controls. Notwithstanding any inconsistent provision
herein, the following supplementary requirements shall apply:
(1)
Minimum lot size: 100 acres.
[Amended 12-27-2005 by L.L. No. 7-2005]
(2)
Minimum number of holes for golf course: nine.
[Amended 12-27-2005 by L.L. No. 7-2005]
(3)
Minimum distance to external property lines:
(4)
Maximum impervious surface: 15%.
(5)
Maximum gross floor area of all buildings: 200,000
square feet.
(6)
Maximum height of buildings: 2 1/2 stories or
35 feet.
B.
Site requirements. In addition to any other site requirements
of this chapter or as may be required by the Planning Board, the Board
shall be satisfied that the application achieves the following:
(1)
The integration of the proposed golf or country club
with the existing development and land uses adjacent to the site,
including safe locations for golf holes (tees, holes and greens) and
practice areas, as related to adjacent roads, development and other
neighboring site improvements.
(2)
Where a golf course is adjacent to, contains or is
within floodplains, open water, waterway corridors, hiking trails,
flyways and associated buffers, linkages and conservation areas, the
applicant may be required to provide and maintain an adequately designed
walking/trail easement within the property open to the public in furtherance
of the Town's goal of preserving open spaces for public use and benefit.
Such easement shall be located such that it does not interfere with
play and shall be appropriately isolated from the general operation
of the golf course. In the site plan approval process, consideration
shall be given to providing access to any walking/trail easements.
(3)
Assurances that the necessary infrastructure and utilities,
including sanitary disposal system, potable water, and irrigation
water, are available. The provision of infrastructure and utilities
shall not have a detrimental effect on groundwater or surface water
resources.
(4)
The golf or country club shall have two safe and adequate
access points from one or more public roads. One of the two accesses
may be provided only for emergency access. The two means of access
shall be connected internally and may be achieved by use of a stabilized
surface sufficient to allow passage by emergency vehicles.
(5)
Adequate provisions shall be made for solid waste
collection and storage. All solid waste storage facilities shall be
adequately screened and buffered.
(6)
All lighting shall be designed to be directed downward
and to avoid glare and spill over on adjacent properties. The maximum
height of lighting stanchions shall not exceed 20 feet.
(7)
One identification sign not exceeding 40 square feet
shall be permitted at the entrance to the golf course. All other signs
shall be directional signs and shall not exceed 4 square feet. All
signs, including size, location, materials and design, are subject
to approval as part of site plan approval.
(8)
Amplifier systems shall be designed and used such
that no more sound shall carry beyond the property lines than would
be inherent in the ordinary residential use of the property.
C.
Parking requirements. The number of parking spaces
shall be as required for the golf and country club and for accessory
uses. The Planning Board may reduce the parking requirements, provided
that the club facilities are so laid out that there are lawn areas
available to accommodate temporary overflow parking.
D.
Buffers.
(1)
A minimum buffer of thirty-five-foot width, consisting
of planted materials, trees, berms, fences or combinations of the
above, shall be located between buildings, parking, recreation facilities
and the exterior property line to shield and block such buildings,
parking and recreational uses.
(2)
A vegetative buffer area shall be maintained between
any turf area which is to be chemically treated and any nonintermittent
stream. The buffer area shall be of sufficient size and design to
protect the stream from chemicals carried by stormwater runoff.
E.
Existing buildings. The Planning Board may permit
the use of any existing building which meets the yard requirements
of this chapter for club purposes, provided that the club meets all
other standards and requirements of this chapter.
F.
Nuisance. No club shall be operated so as to create
a nuisance to surrounding properties. The Planning Board may require
such facilities as are necessary to protect neighbors from any nuisances
or hazards which would be inherent in or may be caused by operation
of the club.
G.
Clearance of woodlands. The course shall be designed,
to the extent possible, to preserve existing woodlands and wooded
corridors. Clearance of mature woods shall not exceed 50% of the total
acreage of land within the tract.
H.
Turf management and water quality assurances.
(1)
As part of the application for site plan approval,
the applicant shall submit an integrated turf management plan and
an integrated pesticide and pest management plan specific to the operation
and maintenance of the proposed golf course. These plans shall be
prepared in accordance with guidelines established by federal or state
agencies and shall also take into account guidelines promulgated by
the United States Golf Association. These plans shall include best
management practices (BMP's) to prevent or minimize any adverse impacts
of chemical applications on the groundwater and surface water resources.
(2)
Assurances shall be provided that any adverse impacts
on groundwater or surface water quality resulting from the golf course
will be mitigated by the owner. The applicant shall provide for the
monitoring of water quality of the groundwater and surface water resources.
The monitoring program, including the timing and frequency of testing
and the identification of chemical parameters to be tested, shall
be established at the time the integrated turf management plan and
integrated pesticide and pest management plan are approved as part
of the conditional use application. The monitoring program shall be
consistent with the guidelines established for monitoring plans by
federal or state agencies. The results and findings of any water quality
monitoring shall be submitted by the owner to the Town for information
purposes. The Town may require the owner to post a performance/maintenance
guaranty to assure proper testing, monitoring, control and remediation.
I.
Special events. Special events, such as tournaments,
are subject to approval by the Town Board. There shall be written
assurances by the property owner and event sponsor/organizer that
adequate provisions will be made by the golf course to handle the
crowd generated by such an event and to satisfactorily mitigate off-site
impacts, including traffic management, transportation services, parking,
trash removal and waste disposal, security and safety and sanitary
effluent treatment. The golf course may be required to post a performance
guaranty for these purposes. All local applications and permits for
events or assemblies shall be made and obtained prior to the event.
J.
Permitted accessory uses. The following uses shall
be permitted as accessory uses to a golf course or country club: clubhouses
(including dining rooms, common rooms, pro shops, social rooms, kitchen
and locker rooms), snack bar/refreshment stands, restaurants, residences
for employees engaged in the maintenance and operation of the golf
club facility, putting greens, practice range, cart paths, parking
lots, maintenance facility/garage, cart storage facility, water supply
impoundments/hazards, tennis and other game courts, swimming pools,
conference centers, banquet facilities, hotels, inns, and bed-and-breakfasts.
[Amended 12-27-2005 by L.L. No. 7-2005]
Membership clubs are subject to the following
supplementary regulations:
A.
The privileges of any club shall be limited to bona
fide regularly enrolled members and their guests. The club shall be
operated solely for recreational, social or athletic purposes and
not for pecuniary gain.
B.
The Planning Board may reduce the parking requirements,
provided that the club facilities are so laid out that there are lawn
areas that could accommodate temporary overflow parking.
C.
The Planning Board may permit the use of any existing
building meeting the yard requirements of this chapter for club purposes,
provided that the club meets all other standards and requirements
of this chapter.
D.
The Planning Board may permit the use of outdoor public
address systems, provided that no more sound shall carry beyond the
limits of the club site than would be inherent in the ordinary residential
use of the property.
E.
No club shall be operated so as to create a nuisance
to surrounding properties. The Planning Board may require such facilities
as are required to protect neighbors from any nuisances or hazards
which would be inherent in the operation of the club.
F.
A conditional use approval shall be issued to a qualified
organization for a specific use or purpose and for a maximum number
of members or seating capacity, and a new approval shall be required
for any change of organization, use or purpose or increase in maximum
membership or seating capacity.
[Amended 5-10-1999 by L.L. No. 4-1999; 12-27-2005 by L.L. No.
7-2005; 7-16-2019 by L.L. No. 3-2019]
Hotels are subject to the following supplementary
regulations:
A.
Hotel units shall not contain kitchen facilities of
any nature, shall not be used as a dwelling unit for nontransient
or transient tenants, shall not contain more than two rooms, and shall
not be connected by interior doors in groups of more than two.
B.
The minimum lot size for a hotel shall be two acres,
plus no less than an additional 3,000 square feet of site area per
hotel unit, exclusive of required yards. No hotel shall exceed 600
rooms, except that the Town Board may allow a number of hotel units
which exceeds this number where it finds that the hotel will not have
a significant visual, noise, traffic, or operation impact on any adjoining
residential neighborhoods.
C.
Each hotel unit shall have an area of at least 325
square feet. Each hotel unit shall have a bath facility with a shower
and/or bath, one toilet facility and sink.
D.
No hotel building shall exceed the height of 35 feet or three stories, except that within the NNI Zoning District, the Town Board may allow an increase of the maximum building height of the hotel up to six stories, or 75 feet, providing the building is setback a minimum of 150 feet from any lot line adjoining a residential district. The Town Board may waive this setback requirement where it determine that adequate existing and/or proposed screening has been provided so that the building is not visible from the adjoining residences in the residential district. The Town Board is authorized to waive the requirements of § 235-22 where it finds that a lesser spacing distance will still provide adequate separation distances to meet the New York State Fire Code and where it will not impede the ability to provide emergency services to any building.
E.
Within
the NNI District, the Town Board may approve recreational slides,
water tubes, and other indoor and outdoor accessory recreational structures
that exceed the maximum height for an accessory structure set forth
in the Zoning Chapter, provided that same shall not exceed 100 feet
in height and shall be setback an equivalent distance from any adjoining
residential zoning district.
F.
The following
accessory uses shall be permitted:
(1)
Indoor
and outdoor amusement and recreation facilities for the use of the
hotel guests. The Town Board shall find that the recreational facilities
shall be so sited so that their operational characteristics shall
not have an adverse impact on existing ambient noise levels, lighting
levels, views from residences, and other impacts. Recreational facilities
which may be approved by the Town Board include:
(2)
Offices
and lobbies, provision of which shall be mandatory for each hotel.
(3)
Meeting
and/or conference rooms and banquet facilities.
(4)
Restaurant,
including outdoor eating and seating locations for guests.
(5)
Retail
sales, provide no less than 50% of said floor area shall be devoted
to the sale of apparel and equipment for camping, hiking, boating,
hunting, birding and other nature-based activities.
(6)
Any
other accessory use that the Town Board deems is incidental and accessory
to the use.
G.
All hotels
shall be equipped with sprinkler and fire alarm systems and shall
meet all requirements of the New York Building and Fire Code.
I.
The Town
Board shall approve a master signage plan for the overall use.
[Amended 12-27-2005 by L.L. No. 7-2005]
Animal kennels and animal hospitals are subject
to the following supplementary requirements:
A.
In issuing a conditional use permit for animal kennels
and animal hospitals, the Planning Board shall make findings to determine
the maximum number and type of animals to be boarded.
B.
The Planning Board shall consider the number, size,
breed and temperament of animals to be sheltered and impose reasonable
conditions to protect neighbors, aesthetic impact and animal safety
in order to ensure the health, safety and general welfare of the community.
C.
No run shall be less than 100 feet from any lot line;
no animals shall be permitted in runs before 8:00 a.m. or after dark.
Motor vehicle service stations are subject to
the following supplementary requirements:
A.
No stations shall be located closer than 200 feet
from a school, public recreation area, church or hospital, measured
to the lot lines thereof.
B.
Access points shall be located a minimum of 100 feet
from the intersection of designated street lines.
C.
Pumps, pump islands and canopies are structures and
shall not be located in any required yards. No outdoor display of
products not associated with the service station use shall be permitted.
D.
Screening. A ten-foot wide landscaped area shall be
provided along all motor vehicle service station property lines, excluding
the front line, property lines adjacent to existing commercial uses
and access points.
E.
Maintenance and operation. Due to the extent of land
use impacts which are a product of exterior operations from such stations,
the following requirements shall be made and noted on the site development
plan:
(1)
All vehicles, except one tow truck, shall be stored
within a building when the facilities are not open for business. However,
licensed vehicles parked for minor repairs may be left outside for
a period not to exceed 72 hours. At no time shall any unlicensed or
dismantled vehicles be outside of a building. No car, truck or trailer
sales shall be permitted.
(2)
There shall be no outside storage or display of accessories
or portable signs when the facility is not open for business.
(3)
Waste materials may be temporarily stored in a completely
fenced-in opaque enclosure adjacent to the facility. The area of such
enclosure shall not exceed 200 square feet.
(4)
No repair work may be performed out of doors, with
the exception of simple repairs normally performed in conjunction
with the sale of gasoline, such as adding oil.
Roadside stands are subject to the following
supplementary requirements:
Satellite dish antennas (earth receiving stations)
are subject to the following supplementary requirements:
A.
Satellite dish antennas may be permitted accessory
to a residential or nonresidential use, provided that they have a
maximum radius of four feet; provided, however, that this section
shall not apply to dishes less than one meter in diameter in a residential
district or less than two meters in diameter in a commercial or industrial
district, where such dish is a necessary component of the business
which is conducted on the property.
[Amended 1-25-1999 by L.L. No. 1-1999]
B.
The installation of a satellite dish antenna shall
require the issuance of a building permit.
C.
The satellite dish antenna shall be located on the
ground and must be screened from the streets and adjoining property
owners with foliage of such height and density so as to screen said
antenna during the entire year.
D.
The satellite dish antenna shall not be located on
any trailer or portable device.
F.
The satellite dish antenna shall not be connected
to or placed upon any roof and shall not at any point be elevated
to or reach a height of more than 15 feet above the natural grade
of the subject lot. In no event shall the natural grade be changed
by any means in order to increase the elevation of the dish.
Riding academies, boarding stables and breeding
farms are subject to the following supplementary requirements:
A.
Any building housing horses or any stockpiling of
manure shall not be within 75 feet of any lot line or 100 feet of
any neighboring residence.
B.
If outdoor lighting is provided, the source of illumination
shall not be directed at any adjoining property.
C.
Proper fencing shall be required between riding academies,
boarding stables and breeding farms and any other adjacent use. Fences
or walls shall be at least four feet high and shall be no closer than
five feet from any property line.
D.
The use of outdoor public-address systems may be permitted,
provided that no sounds shall carry beyond the limits of the site
than would be inherent in the ordinary residential use of the property.
E.
The property owner or caretaker shall reside on the
property.
F.
No more than two horses over six months old may be
permitted for the first five acres of a site, and one horse over six
months old may be permitted per 1/2 acre in excess of five acres.
G.
At least 30,000 contiguous square feet of fenced exercise
and pasture lands shall be provided on site, which area shall be considered
part of the total site area.
H.
Plans shall be made for the removal or handling of
manure in such a manner that does not pollute ground or service water
or create a public nuisance with flies and odor. Failure to adhere
to such plans shall constitute a violation of this chapter.
I.
Public events, demonstrations, horse shows, rodeos
or competitive events held in connection with riding academies or
stables shall be by separate special permit of the Town Board.
Residential farming as a principal or accessory
use is subject to the following supplementary requirements:
A.
Any building housing horses or any stockpiling of
manure shall not be within a distance of 50 feet of any lot line or
100 feet of any neighboring residence.
B.
If outdoor lighting is provided, the source of illumination
shall not be directed at any adjoining property.
C.
Proper fencing shall be required between residential
farming sites and any other use.
D.
Fences of a minimum height of four feet shall be required
in locations where they are needed to prevent horses from straying
onto adjoining properties and shall be no closer than five feet from
any property line where provided.
E.
Two horses over six months old may be permitted for
the first two acres of a site, and one horse over six months old may
be permitted per acre in excess of two acres.
F.
At least 15,000 contiguous square feet of fenced exercise
and pasture lands shall be provided on site, which area shall be considered
part of the total site area.
G.
Plans shall be made for the removal or handling of
manure in such a manner that does not pollute ground- or surface water
or create a public nuisance with flies and odor. Failure to adhere
to such plans shall constitute a violation of this chapter.
H.
The property owner shall reside on the property.
A.
Bed-and-breakfast establishments shall be permitted
in existing buildings only, and there shall be no change in the exterior
appearance of the building, except for additional means of egress
and fire escapes on the side or rear, where required by law.
B.
No more than six guest rooms shall be permitted per
establishment.
C.
One parking space shall be required for each guest
room that is available for rent.
D.
One identification sign, no more than four square
feet, the top of which shall be no more than six feet above street
level, and located at least 10 feet from any road right-of-way, shall
be permitted per establishment.
E.
The owner shall demonstrate that the sewage disposal
system and water supply is adequate to handle such use.
[Added 7-13-1998 by L.L. No. 1-1998]
Passive adult uses are subject to compliance
with the following supplementary requirements:
A.
Location.
(1)
Passive adult uses shall comply with the following
requirements as to location:
(a)
No lot or parcel containing a passive adult
use shall be located within 750 feet of any residential zoning district
boundary or of any lot or parcel on which is located a residence or
for which an application for land use or building permit approval
of a residence was filed prior to the date of filing of a conditional
use permit application for the adult use.
(b)
No lot or parcel containing a passive adult
use shall be located within 750 feet of any lot or parcel on which
is located a sensitive use.
(c)
No lot or parcel containing a passive adult
use shall be located within 750 feet of any lot or parcel on which
is located an adult use.
(2)
In determining location requirements pursuant to this subsection, all required distances shall be measured from the nearest lot line of the lots or parcels containing any of the uses in Subsection A(1)(a), (b) or (c) to the nearest lot line of the lots or parcels on which the adult use is proposed to be located.
B.
The use shall be one which is specifically authorized
as a conditional use in the district within which such particular
site is located.
C.
The total floor area devoted to the adult use shall
not exceed 2,500 square feet, exclusive of cellar space used for enclosure
of mechanical, heating and similar building equipment.
D.
No more than one passive adult use shall be located
on any lot.
E.
The passive adult use shall comply with all applicable lot dimension, setback, parking and other requirements set forth in this chapter, including site development plan requirements of § 235-55, in addition to the requirements herein, unless a variance with respect to such dimensional requirements has been duly issued by the Zoning Board of Appeals. Nothing herein shall be deemed to prevent an applicant from electing to concurrently proceed with a conditional use application before the Planning Board and a variance application before the Zoning Board of Appeals. Compliance with the minimum distance requirements set forth in Subsection A above with respect to separation from other uses is a condition precedent to the classification of passive adult use as a conditional use within zoning districts of the Town, and if any reduction in such minimum distance is proposed, such variance shall be considered as a use variance.
F.
In considering landscaping and screening pursuant to § 235-55B(3), the Planning Board may require a protective planting strip along every side and rear lot line abutting an existing building, use or land zoned for residential purposes. Such planting strip shall be not less than six feet wide, situated within any required side or rear yard and designed and laid out with suitable plant material which will attain and shall be maintained at a height to be stipulated by the Planning Board, which height shall not be less than six feet nor more than 10 feet, so as to provide an effective natural screen.
G.
In considering compatibility of the proposed use with existing uses pursuant to § 235-55B(4), the Planning Board shall require that adequate site lighting be provided while minimizing or avoiding adverse impacts of lighting on adjoining properties. The Board may require a lighting plan that demonstrates where the installation of outdoor or spot lighting is proposed or required and may require that such lighting shall not shine directly upon any abutting property.
H.
Any proposed signs, displays, architectural design
or lighting visible from any public street or right-of-way or from
surrounding properties shall be designed and constructed so as to
conform to the requirements of the Town Code and to avoid or mitigate
to the maximum extent practicable any reasonably foreseeable adverse
effect of the proposed use upon minor children passing by. Signs or
displays shall not include images containing nudity or seminudity.
I.
In considering the impact of the proposed plan on the development of adjoining properties, pursuant to § 235-55B(5), the Planning Board shall consider only the secondary impacts of the proposed passive adult use and make specific findings with respect to such impacts. In doing so, the Board shall ensure that the proposed use avoids, minimizes or mitigates any reasonably foreseeable cumulative effect on the nature of the community and adjoining properties, taking into consideration the proposed hours of operation, other existing or proposed adult uses and similar uses with the potential for deleterious effects on the community, including but not limited to pool halls, bars, arcades or pawnshops.
J.
The duration of a conditional use permit issued by
the Board for a passive adult use shall conform to the following requirements:
(1)
A conditional use permit issued pursuant to this section
shall initially be valid for one year.
(2)
Prior to expiration of the permit, the permit may
be renewed upon application by the permit holder, payment of permit
and any other applicable fees and demonstration by the applicant of
continued compliance with all applicable permit conditions and requirements
of this chapter.
(3)
The duration of such renewal may be established by
the Planning Board, in its sole discretion, but shall not exceed three
years.
[1]
Editor’s Note: Former § 235-45.1,
Tree harvesting, added 9-14-1998 by L.L. No. 3-1998, was repealed
12-27-2005 by L.L. No. 7-2005.
[Added 5-10-1999 by L.L. No. 4-1999]
Entertainment complexes are subject to compliance
with the following supplementary requirements:
A.
No building, except entrance shelters or guard houses,
shall be located within 100 feet of any property line.
B.
No building shall be located within 150 feet of a
residential zoning district. No parking shall be provided within 75
feet of a residential zoning district. Unenclosed facilities or uses
shall be located at least 200 feet from any residential zoning district,
except where a greater distance is necessary due to the characteristics
of the facility or use, as determined by the Planning Board.
C.
At least two access drives shall be provided. The
access drives shall be internally connected. Access drives shall be
located at least 100 feet from any residential zoning district.
D.
Noise from a public address system or other amplified
source shall not be heard beyond the property line, unless permitted
on a case-by-case basis by the Town Board.
E.
A minimum buffer of thirty-five-foot width, consisting
of planting materials, trees, berms, fences, or combination thereof,
shall be located between buildings and parking areas and the property
line.
[Added 5-10-1999 by L.L. No. 4-1999]
Warehouses are subject to compliance with the
following supplementary requirements:
A.
Outside storage shall be prohibited.
B.
Truck-loading bays shall be located at the rear or
side of the building, as determined by the Planning Board, and shall
be appropriately screened from any public roadway and neighboring
properties.
C.
Access drives shall be a minimum width of 20 feet.
At least two access drives shall be provided. Access drives shall
be located at least 100 feet from any residential zoning district.
D.
Storage of gasoline or other volatile petroleum products,
radioactive materials, explosives or flammable or hazardous chemicals
shall be prohibited.
E.
A minimum buffer of thirty-five-foot width, consisting
of planting materials, trees, berms, fences or combination thereof,
shall be located between buildings and parking areas and the property
line.
[1]
Editor's Note: Former § 235-45.4, Trade or vocational
schools, added 5-10-1999 by L.L. No. 4-1999, was repealed 7-16-2019 by L.L. No. 3-2019.
[Added 10-23-2000 by L.L. No. 6-2000[1]]
A.
ADEQUATE COVERAGE
ALTERNATIVE TOWER STRUCTURE
ANTENNA
COLLOCATION
MAJOR WIRELESS COMMUNICATIONS FACILITY
MINOR WIRELESS COMMUNICATIONS FACILITY
(1)
(2)
WIRELESS COMMUNICATIONS SERVICES
WIRELESS COMMUNICATIONS FACILITY
WIRELESS COMMUNICATIONS TOWER
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Coverage is considered to be adequate within the service
area of the Town of Blooming Grove if the minimum standards set forth
by the Federal Communications Commission to permit the applicant to
operate personal wireless communications services within the area
are met.
Existing water towers, trees, clock towers, bell steeples,
light poles and similar existing structures or structures which suitably
camouflage or conceal the presence of antennas and towers.
A system of electrical conductors that transmit or receive
radio frequency waves. Such waves shall include but not be limited
to radio navigation, radio, television, wireless and microwave communications.
The siting and/or mounting of multiple communications facilities
used by the same provider, or by two or more competing providers,
on the same property and/or antenna support structure or communications
tower.
Any wireless communications facility that is not a minor
wireless communications facility. A major wireless communications
facility includes all related and appurtenant buildings, structures
and equipment, including a communications tower.
Any wireless communications facility situated on or in an
existing building or other structure where such equipment consists
of a combination of antennas or other receiving devices necessary
in number to facilitate the provision of wireless communications services
from such location, provided that such minor installation:
Is comprised of antennas or transmitting or
receiving devices which are no more than six feet in height, including
supports, and which are mounted on supports affixed to an existing
structure; and
May include, if necessary, a new, small (10
feet by 20 feet and 10 feet high) building to house necessary equipment.
The provision of personal wireless communications services,
including, but not limited to, those more commonly referred to as
"cellular telephone service," which services are regulated by the
Federal Communications Commission in accordance with the Communications
Act of 1934, as amended by the Telecommunications Act of 1996, 47
U.S.C. Section 332 (c)(7)(C), or as hereafter amended.
Any site containing equipment used in connection with the
commercial operation of wireless communications services, as defined
herein, and as the term "personal wireless services facility" is defined
in the Communications Act of 1934, as amended by the Telecommunications
Act of 1996, 47 U.S.C. Section 332 (c)(7)(C), or as hereafter amended
to transmit and/or receive frequencies, including, but not limited
to, antennas, monopoles, equipment, appurtenances and structures.
Any freestanding structure, including a lattice structure
or framework and freestanding self-supported vertical pole (commonly
known as a "monopole") on which any equipment is located in connection
with the provision of wireless communications services.
B.
Compliance with State Environmental Quality Review
Act. The Planning Board shall comply with the provisions of the State
Environmental Quality Review Act (Article 8 of the Environmental Conservation
Law) and its implementing regulations. An application for approval
of a wireless communications facility proposed to be located in a
residential zoning district shall constitute a Type 1 action.
C.
Restrictions on use.
(1)
No wireless communications facility, except
one approved by all authorities having jurisdiction prior to the effective
date of this section, shall be used, located, constructed or maintained
on any lot, structure or land area unless in conformity with this
section. No wireless communications facility may hereafter be erected,
moved, reconstructed, changed or altered unless in conformity with
this section. No existing structure shall be modified to serve as
a wireless communications facility unless in conformity with these
regulations.
(2)
No wireless communications facility shall be
used, located, constructed or maintained on any structure, unless
such structure was lawfully approved by all jurisdictions having authority
and was lawfully constructed.
(3)
All wireless communications facilities shall
at all times be in conformance with the rules and regulations of any
governmental entity having jurisdiction over such communications facilities
and uses, antenna and/or supporting structures and towers, including,
without limitation, the FCC and FAA.
(4)
A wireless communications facility shall be
operated and maintained by an FCC licensee only.
(5)
The applicant of a wireless communications facility
shall show that the facility is necessary to provide adequate coverage
to an area of the Town which at that time is proven to have inadequate
coverage and shall show that any proposed communications tower or
antenna is the minimum height and aesthetic intrusion necessary to
provide adequate coverage. The applicant seeking to locate a wireless
communications facility in the Town shall demonstrate the need for
a new or additional antenna or tower; that the primary purpose of
the facility is to provide adequate coverage within the Town; and
that the coverage area of the facility lies predominantly within the
Town.
(6)
All wireless communications facilities shall
be constructed and maintained in conformance with all building, electrical,
fire prevention and other applicable codes.
D.
Major wireless communications facilities.
(1)
Approved zoning districts or other locations.
(a)
Major wireless communications facilities, if
located on an alternative tower structure or existing tower, are permitted
as a conditional use in the ORI Zoning District. Location of a major
wireless communications facility on a proposed new tower is not permitted
pursuant to this provision.
[Amended 12-27-2005 by L.L. No. 7-2005]
(b)
If the applicant demonstrates that there is no site as provided in Subsection D(1)(a) above which would provide adequate coverage consistent with federal regulations, the Planning Board may determine that a major wireless communications facility, including a new tower, may be permitted as a conditional use in the ORI Zoning District.[2]
[Amended 12-27-2005 by L.L. No. 7-2005]
[2]
Editor's Note: Former Subsection D(1)(a) and
(d), which immediately followed, regarding sites that do not provide
adequate coverage, were repealed 7-9-2007 by L.L. No. 4-2007.
(2)
Conditions precedent to granting site plan or
conditional use approval.
(a)
Service coverage map and report. The applicant
shall submit a service coverage map which shows and describes all
existing and proposed areas of service coverage relating to the proposed
communications facility. The service coverage map shall show the location
and identify all existing sites in the Town and in bordering municipalities
which contain communications towers or related facilities. A detailed
report shall accompany the service coverage map and shall show why
the proposed communications tower, equipment and facility are necessary.
The report shall identify locations within the proposed project site
service coverage area which are not, and could not be, served by existing
facilities, collocation, utilization of alternative technology or
an alternative tower or other structure.
(b)
Long-range communications facilities plan. The
applicant shall submit a facilities plan which shows that the proposed
location of the communications facility and related buildings and
equipment has been planned to result in the fewest number of communications
transmission tower sites within the Town. The plan shall indicate
how the applicant intends to provide service throughout the Town and
how the applicant plans to coordinate with all other providers of
wireless communications services in the Town. The plan shall address
the applicant's planned and possible location of additional tower
sites, additional antennas, related or other service area coverage
and alternative long-range plan scenarios that illustrate the potential
effects of multiple towers and of tower(s) height, community intrusion
impacts and visual and aesthetic impacts.
(c)
Community impacts. The applicant shall submit
documentation which demonstrates that the proposed communications
tower height and bulk is the minimum height and bulk necessary to
provide licensed communications services to locations within the Town
which the applicant is not able to serve with existing facilities.
Such documentation shall include evidence that visual, aesthetic and
community character impacts have been minimized to the greatest extent
practicable.
(d)
Demonstration that shared use is impracticable.
A conditional use permit may be authorized for a major wireless communications
facility only if the applicant demonstrates that shared use of existing
structures or sites is impractical. An applicant shall be required
to present a report inventorying all existing structures within one-half
mile of the proposed site which are at an elevation suitable as potential
sites. The report shall describe opportunities for shared use of these
existing facilities as an alternative to a proposed new tower. The
report shall demonstrate that the applicant used its best efforts
to secure permission for shared use from the owner of each existing
facility as well as documentation of the physical, technical and/or
financial reasons why shared usage is not feasible or practical in
each case. The applicant's written request for shared use and the
property owners' written responses shall be provided.
(e)
Commitment for future shared use. New wireless
communications towers shall be designed to accommodate future shared
demand for reception and transmitting facilities. The applicant shall
submit to the Town Board an irrevocable letter of intent committing
the owner of the proposed new tower and its successors in interest
to permit future shared use of the proposed tower by other telecommunications
providers. This letter shall also be filed with the Building Inspector
prior to issuance of a building permit. Failure to abide by the conditions
outlined in the letter may be grounds for revocation of the conditional
use permit following a hearing and opportunity to be heard. The letter
shall commit the new tower owner and its successors in interest to
the following:
[1]
To respond within 90 days to a request for information
from a potential shared-use applicant.
[2]
To use best efforts and negotiate in good faith
concerning future requests for shared use of the tower by other telecommunications
providers.
[3]
To allow shared use of the tower if another
telecommunications provider agrees in writing to pay reasonable charges.
The charge may include but is not limited to a pro rata share of the
cost of site selection, planning, project administration, land costs,
site design, construction and maintenance financing, return on equity
and depreciation and all of the costs of adapting the tower and/or
equipment to accommodate a shared user without causing electromagnetic
interference.
(f)
NIER certification. A written certification
shall be submitted, prepared by a qualified engineer and/or health
physicist, which calculates the maximum amount of nonionizing electromagnetic
radiation (NIER) which will be emitted from the proposed wireless
communications facility and demonstrates that any such emissions from
the facility will be within the threshold levels adopted by the Federal
Communications Commission as of the day of application. The certification
shall include a statement or explanation of how compliance was determined;
an explanation as to what, if any, restrictions on access will be
maintained to ensure compliance; and a statement as to whether other
significant transmitting sources are located at or near the transmitting
site and, if so, whether those emissions were considered in determining
compliance and the reasons why those emissions were or were not considered.
(g)
The applicant shall comply with all other requirements,
standards and conditions set forth in the Zoning Code governing conditional
use and site plan applications.
E.
Other requirements.
(1)
Design.
(a)
Visual impact assessment. Visual, aesthetic
and community character impacts shall be minimized to the greatest
extent practicable. The applicant shall submit the following:
[1]
A view shed analysis in order to determine locations
where the tower and appurtenant facilities may be visible.
[2]
Graphic representations of "before" and "after"
views from key viewpoints located inside and outside of the Town,
including, but not limited to, state highways and other major roads,
state and local parks, other public lands, preserves and historic
sites normally open to the public, residential developments and any
other location where the site is visible to a large number of residents,
visitors or travelers.
[3]
Assessment of alternative tower designs and color schemes, as set forth in Subsection (b) below.
[4]
Assessment of the visual impact of the tower
base, guy wires, accessory buildings and structures and overhead utility
lines on abutting properties and streets.
[5]
Where the applicant proposes construction of
a new tower, the applicant shall, prior to the close of the public
hearing on the application, hold a "balloon test." The public shall
be given due notice of such test in a manner required by the Planning
Board.
(b)
Tower design. The applicant shall submit a report
describing alternative tower designs, which includes lattice and monopole
structures and other designs to minimize visual impacts. The Board
may request a review of the tower design by a qualified engineer in
order to evaluate the need for, and the design of, any new tower and
potential alternatives. All designs to be considered shall be required
to include, at a minimum, the following characteristics:
[1]
Towers shall be designed to accommodate future
shared use by other wireless communications providers.
[2]
Unless specifically required by other regulations,
a tower shall have a finish (either painted or unpainted) that minimizes
its degree of visual impact.
[3]
No portion of any tower or accessory structure
shall be used for a sign or other advertising purpose, including but
not limited to company name, phone numbers, banners and streamers.
[4]
Any new tower shall be securely mounted to withstand
the wind and ice loads and earthquake damage for the place of installation
in accordance with New York State Uniform Fire Prevention and Building
Code.
[5]
The height of any new tower shall be the minimum
height necessary, considering shared use, to meet the minimum requirements
of the Federal Communications Commission for adequate coverage of
the service area.
(c)
Fully engineered site plan. The applicant shall submit a site plan in accordance with § 235-55 and showing, at a minimum, all existing and proposed roads, buildings, tower(s), guy wire and anchors, antennas, parking and landscaping, and shall include grading plans for new facilities and roads.
(d)
Engineer's report.
[1]
The applicant shall submit a report prepared
by a New-York-State-licensed professional engineer specializing in
electrical engineering with expertise in communications facilities.
If a monopole or tower is required and/or the electrical engineer
is not qualified to certify the structural soundness of the installation,
then an additional report shall be submitted by a New-York-State-licensed
professional engineer specializing in structural engineering. The
report(s) shall contain the following information:
[a]
Name(s) and address(es) of person(s)
preparing the report.
[b]
Name(s) and address(es) of the
property owner, operator and applicant.
[c]
Postal address and section, block
and lot number of the property.
[d]
Zoning district in which the property
is situated.
[e]
Size of the property and the location
of all lot lines.
[f]
Location of nearest residential
structure.
[g]
Location of nearest occupied structure.
[h]
Location of nearest day care center,
school, camp or recreational area.
[i]
Location of all structures on the
property.
[j]
Location, size and height of all
proposed and existing antennas and all appurtenant structures.
[k]
Type, size and location of all
proposed and existing landscaping.
[l]
Number, type and design of antenna(s)
proposed and the basis for the calculations of capacity.
[m]
Make, model and manufacturer of
the antenna(s).
[n]
Description of the proposed antenna(s)
and all related fixtures, structures, appurtenances and apparatus,
including height above grade, materials, color and lighting.
[o]
Frequency, modulation and class
of service of radio equipment.
[p]
Transmission and maximum effective
radiated power of the antenna(s).
[q]
Certification that the proposed
antenna(s) will not cause interference with existing communications
devices.
[r]
Elevation drawings depicting the
front, side and rear of the property, illustrating the proposed antenna(s),
mounting device and structure, if any, on which the antenna(s) is
mounted.
[s]
A map depicting and listing all
existing sites in the Town and bordering municipalities containing
transmitting antenna(s) used by the operator, owner or applicant.
[t]
All applications, communications,
permits and licenses submitted to or issued by the Federal Aviation
Administration and Federal Communications Commission.
(e)
Intermunicipal notification. In order to keep
neighboring municipalities informed, to facilitate the consideration
of shared use of existing tall structures in a neighboring municipality
and to assist the continued development of communications for emergency
services, the applicant shall provide the following additional notice
of the application:
[1]
Notification in writing to the Town Clerk of
any adjoining municipality within one mile of a proposed site, or
a greater distance if determined by the Board, to be impacted by a
proposed new telecommunications tower.
[2]
Notification, in writing, by certified mail,
of all landowners within 1,000 feet of the property line of the parcel
on which a new tower is proposed.
(2)
Location, lot size and setbacks. Any proposed
wireless communications tower and its accessory structures shall be
located on a single parcel and shall comply with setback requirements
as identified below:
(a)
In order to protect the health, safety and welfare
of children who may be injured by falling ice or debris, all wireless
communications towers shall be a distance of not less than 350 feet
from the nearest property line of a school, day-care center, camp,
public park, playground, recreation area or other area where children
congregate.
(b)
Wireless communications towers shall be located
with a minimum setback from any property line equal to the height
of the tower or the required setback in the zoning district, whichever
is greater. Accessory structures shall comply with the minimum setback
requirements in the zoning district.
(c)
The lot size of major wireless communications
facilities sites shall be determined by the amount of land required
to meet the setback requirements. If the land is to be leased, the
entire area required shall be leased from a single parcel.
(d)
Additional setbacks may be required by the Planning
Board to contain on site all ice fall or debris from tower failure
and preserve the privacy of any adjoining residential and public properties.
(3)
Vegetative screening, fencing, coloring, signs.
(a)
Landscaping. All facilities shall provide landscaping
as follows:
[1]
All towers shall be located and designed to
have the least possible adverse visual and aesthetic effect on the
environment.
[2]
The area surrounding the installation, other
than the area necessary to maintain a clear line of sight to the signal
source, shall be landscaped and maintained with trees, shrubs and
ground cover to maximize screening and visual buffering. The Board
may determine that an existing natural vegetative buffer which meets
or exceeds the above requirements is sufficient.
[3]
Landscaping shall include trees of a height
and density established by the Planning Board that will, over time,
further screen the site, buffer neighboring properties and reduce
visual impacts resulting from the installation of said facility.
[4]
The outside of security fencing shall be screened
with evergreen shrubs, trees or climbing evergreen material.
[5]
The base of any communications tower and any
accessory structure shall be effectively screened using primarily
vegetative screening, including a continuous evergreen screen planted
in a natural setting and consisting of native plant species. Existing
vegetation shall be preserved to the maximum extent practicable. Additional
plantings shall be required, as necessary, to screen and buffer all
structures from nearby properties or important view sheds of scenic
areas. All landscaping shall be properly maintained to ensure continued
screening and buffering.
(b)
Security and safety fencing. Security and safety
fencing shall be located around all communications towers, equipment
and related facilities to prevent unauthorized access. Access to all
structures shall be through a locked gate or locked principal building.
Fencing shall be designed to minimize visual and aesthetic impacts
and shall be equipped with appropriate anti-climbing devices. Failure
to maintain said security and safety fencing in an appropriate manner
shall be grounds for immediate revocation of all permits and certificates
of use by the Building Inspector. In addition:
[1]
All communications towers, antenna towers, monopoles
and other supporting structures shall be made inaccessible to unauthorized
persons, particularly children, and shall be constructed or shielded
in such a manner that they cannot be climbed.
[2]
All transmitter controls shall be designed and
installed in such a manner that they are accessible only to persons
authorized by the licensee to operate or service them.
[3]
All transmitters used with in-building radiation
systems shall be designed in such a manner that, in the event that
an unauthorized person does gain access, that person cannot cause
the transmitter to deviate from its authorized operating parameters
in such a way as to cause interference to other stations.
[4]
All transmitters (other than hand-carried or
pack-carried mobile transmitters) and control points shall be equipped
with a visual means of indicating when the control circuitry has been
activated to cause the transmitter to radiate.
[5]
All transmitters shall be designed in such a
manner that they can be turned off independently of any remote control
circuits.
(c)
Coloring and marking. Unless otherwise required
by the FAA or FCC, all communications facilities, including antenna
and communications towers, shall be colored, camouflaged and/or shielded
to blend with surrounding areas, provided that such coloring, camouflage
and/or shielding does not inhibit their effectiveness. The painting
or marking of such facilities shall have a finish or coloring which
will minimize visual and aesthetic impacts. Towers and all appurtenances
shall generally have a galvanized finish and shall be painted gray
or blue gray, or some other finish or color that is shown to be visually
unobtrusive.
(d)
Signals and lights. No antenna or tower shall
include any signals, lights or illumination unless required by the
FAA or other applicable authority. The applicant shall provide to
the Board any legal authority which requires lighting. If lighting
is required, the lighting shall be such as to cause the least disturbance
to surrounding properties and views. Any lighting necessary for accessory
structures or buildings shall be the minimum necessary and shall be
properly shielded to prevent light emission and glare onto adjacent
properties.
(e)
Signage. No signs, including advertising signs,
shall be permitted on any antenna, communications tower, antenna tower
or monopole, or antenna support structure, except as follows:
[1]
Signs specifically required by a federal, state
or local agency.
[2]
Each site shall include a sign containing the
name and emergency phone number of the owner and operator of all antennas.
Any door having access to a roof-mounted antenna and all entrances
to the fenced enclosure shall be similarly posted.
[3]
All signage shall comply with the sign regulations
of the Zoning Code.
[4]
Any graffiti on a structure shall be removed
within 48 hours of notification.
(4)
Undergrounding of electrical power and noise
suppression. All electrical power supply to service the on-site buildings
and appurtenances supporting the tower antenna operations shall be
installed underground. Noise suppression shall be utilized in the
structural design and construction of the tower support buildings
and appurtenances.
(5)
Access and parking.
(a)
Access. Adequate emergency and service access
shall be provided. Maximum use of existing roads, public or private,
shall be made. Road construction shall, at all times, minimize ground
disturbance and vegetation cutting to within the toe of fill, the
top of cuts or no more than 10 feet beyond the edge of any pavement.
Road grades shall closely follow natural contours to assure minimal
visual disturbance and reduce soil erosion potential.
(b)
Parking. Parking shall be provided on-site in
an amount determined by the Board based upon recommendation from the
applicant. No parking shall be located in any required front yard.
F.
Minor wireless communications facilities. At all times,
shared use within or on existing tall structures and on existing approved
towers shall be preferred to the construction of major wireless communications
facilities.
(2)
Application.
(a)
An application for site plan approval of a minor
wireless communications facility shall include the following:
[1]
Consent from the owner of the existing facility
to allow shared use.
[2]
Site plan showing all existing and proposed
structures and improvements, including antennas, roads, buildings,
guy wires and anchors, parking, landscaping, grading plans, any methods
used to conceal the modification to the existing facility and all
other items required by the Zoning Code for site plans.
[3]
Engineer's report certifying that the proposed
shared use will not diminish the structural integrity and safety of
the existing structure and will not hamper existing emergency networks
and explaining what modifications, if any, will be required in order
to certify the above.
[4]
Copy of the applicant's Federal Communications
Commission (FCC) license.
(b)
The Planning Board may waive any of the above
requirements if it is demonstrated by the applicant that under the
facts and circumstances the submission of such documentation would
cause an unnecessary and undue hardship. The reason(s) for any such
waiver shall be stated in writing.
(c)
The Planning Board may require any other documentation,
reports or evidence that it deems necessary to ensure that the health,
safety and welfare of the community is adequately protected.
G.
Required conditions of all approvals.
(1)
Removal.
(a)
Any antenna, communications facility, communications
tower, antenna tower or monopole, including any supporting structure
and related appurtenances, and any accessory building, structure or
facilities, or part thereof, which is not used for six months, including
a noncontinuous but cumulative period of six months, in any twelve-month
period shall be removed by the property owner or the operator of said
facility and the property restored, at their sole cost and expense.
(b)
An extension of an additional six months may
be granted by the Planning Board upon submittal of a written request
for said extension, including proof as determined reasonable by the
Planning Board that the owner is actively engaged in the marketing
of the property for sale or rent.
(c)
In the event that the communications facility,
tower, antenna(s) and/or related facilities are not removed as herein
required, the Town, after notice and opportunity for the owner and
operator to be heard, may cause any or all such facilities to be removed
and the property restored. The total cost of such removal and restoration,
including but not limited to removal and disposal costs and engineering,
attorney and employee expenses, if not paid, shall be assessed against
the property and collected in the same manner as real property taxes.
(2)
Operational certification. Within 45 days of
initial operation or modification of a wireless communications facility,
the owner or operator shall submit to the Building Inspector a written
certification by a professional engineer that the operation is in
compliance with the application submitted, all conditions imposed,
and all other provisions of this section. Such certification shall
be a condition of lawfully operating past this forty-five-day period.
The Town may confirm and periodically reconfirm compliance as necessary
to ensure compliance with all provisions of law, including NIER levels
as set forth by the FCC. The owner/operator of the facility shall
supply all necessary documentation to permit the Town to make such
a determination regarding compliance. If found to be not in compliance,
the facility shall cease operation until compliance is restored.
(3)
Liability insurance. Prior to commencement of
any work, including site work, related to construction or installation
of any wireless communications facility, the permittee shall secure
and shall at all times maintain public liability insurance coverage
for personal injuries, death and property damage and, as necessary,
umbrella insurance coverage in the amounts, at minimum, of $1,000,000
per occurrence/$2,000,000 aggregate. Said insurance shall name the
Town as an additional insured. The permittee shall deliver to the
Town Clerk its certificate of insurance demonstrating the required
coverages.
(4)
Existing installations.
(a)
The current operator of any communications facility
or communications tower, antenna or monopole in lawful existence at
the time of adoption of this section shall be permitted to remain
in operation, provided that the operator submits proof within six
months of said adoption that a valid building permit(s) was issued
for the facility, that the facility complies with current emission
standards as promulgated or recommended by the FCC and that the facility
meets the security requirements of this section.
(b)
Any lawful nonconforming communications facility
or communications tower shall be permitted to remain until such time
as the use, facility or structure is altered, at which time compliance
with this section shall be required.
(c)
Any facility for which emission and security compliance documentation is not received shall cease operation within six months of adoption of this section and shall be immediately removed thereafter. If the facility is not removed, then the Town may cause removal in the manner set forth in Subsection G(1) above.
H.
Review and compliance costs.
(1)
The applicant and operator, respectively, of
a facility are responsible for the payment of all of the Town's costs
to review an application and to determine continued compliance after
commencement of operation. Any reviewing board of the Town may utilize
the Town's consultants and/or hire independent consultants to assist
the board's review. The reasonable costs of all such consultants shall
be paid by the applicant and/or operator of the facility. Payment
of all such costs within 30 days of billing shall be a condition of
approval and of continued operation. No building permit shall be issued
until application review costs are paid.
(2)
The Board is authorized and shall require the
applicant to post funds in escrow in an amount determined by the Board
to pay for the Board's review costs. Such escrowed amount shall be
replenished by the applicant, as directed by the Board, such that
sufficient funds are available at all times.
(3)
As a condition of approval, the applicant shall
be required to post funds in escrow in an amount determined by the
Board to pay for the Town's cost of inspection and determining continued
compliance with the conditions of approval, this section, and all
other applicable requirements. Such escrowed amount shall be replenished
by the operator, as directed by the Town Board, such that sufficient
funds are available at all times.
[1]
Editor's Note: This local law provided that
it shall supersede those other provisions of this chapter which regulate
public utilities.
[Added 12-27-2005 by L.L. No. 7-2005; 7-9-2007 by L.L. No. 4-2007; 9-24-2007 by L.L. No. 5-2007; 11-6-2007 by L.L. No.
7-2007; 10-13-2009 by L.L. No. 3-2009]
A.
Accessory apartment unit to a single-family dwelling.
It is the purpose and intent of this section to allow the establishment
of one accessory apartment located entirely within an existing single-family
detached dwelling in order to provide for: the special housing need
of senior citizens, single persons and small households related to
the owner-occupant of the single-family detached dwelling in order
to keep a family intact yet with some degree of independence and privacy
for persons in a family relationship; to ensure the retention of existing
single-family neighborhood character; to allow for the more efficient
use of the Town's housing stock with minimal impact on community character,
water supply, potential impacts to groundwater, available wastewater
treatment facility capacity, roadway capacity, and resources. Consistent
with the intent of this section, any owner occupying a single-family
dwelling may apply to the Planning Board for conditional use approval
to establish one accessory apartment. The Planning Board shall review
the application and apply the following standards:
(1)
Any application for an accessory apartment shall
require submission of a floor plan showing the proposed accessory
apartment and a parcel survey. The Planning Board is not granted the
authority to waive any of the standards set forth below except as
specifically set forth below:
(a)
Accessory to the single-family detached residential dwelling unit.
Subject to the review and approvals set forth herein, an accessory
apartment is allowed in any zoning district that permits a single-family
detached dwelling unit as an as-of-right permitted use.
(b)
Compliance with district regulations. The lot on which the proposed
accessory apartment is to be located shall at the time of application
for any such accessory apartment meet all the bulk requirements applicable
to a single-family detached residential dwelling unit as set forth
in the Table of Bulk Requirements, for the zoning district in which
it is located, and an accessory apartment shall not be permitted on
any lot less than 20,000 square feet in size.
(c)
Dwelling size. The minimum habitable floor area for an accessory
apartment shall be 300 square feet of contiguous gross floor area,
but in no case shall such accessory apartment exceed 25% of the existing
gross floor area of the single-family detached residential dwelling
unit where it is to be located or 750 square feet of gross floor area,
whichever is less. Any application that proposes an accessory apartment
that exceeds the maximum gross floor area requirement shall be deemed
to convert a single-family detached dwelling into a two-family residential
dwelling unit which shall require a use variance. An accessory apartment
unit shall be located in the principal dwelling, provided that such
principal dwelling contains a minimum of 1,500 square feet of gross
floor area and conforms with all other requirements of this Zoning
Chapter as well as Town Code and all other applicable laws, rules
and regulations. The applicant shall submit a floor plan to scale
of the single-family detached residential dwelling unit that illustrates
the space within which the accessory apartment will be created. No
accessory apartment shall be considered "accessory" where such apartment
occupies a greater area of a lot or larger setbacks or yards or for
which greater restrictions than for the principal use on the lot are
imposed by this section. The Planning Board is not permitted to vary,
waive or modify this requirement.
(d)
Existing single-family detached dwelling unit. The principal single-family
detached dwelling unit within which the accessory apartment is proposed
to be created shall have been lawfully constructed and used as a single-family
detached dwelling unit continuously for at least 10 years prior to
the date that an application is made for the approval of an accessory
apartment. Evidence of such use shall include the date of a duly issued
certificate of occupancy for the single-family detached dwelling or
other evidence of use that the Planning Board or the Town finds necessary
to establish that the single-family detached dwelling unit has been
lawfully established and maintained continuously for at least 10 years
as set forth herein. The Planning Board may waive the ten-year requirement
upon an evidentiary showing by the applicant establishing that the
accessory apartment will enable the owner occupying the principal
single-family detached residential dwelling unit to provide care for
and elderly or disabled family member or other person for whom the
primary owner-occupant must provide continued care requiring the close
and continued presence of the owner-occupant.
(e)
Owner occupancy required. The principal single-family detached dwelling
wherein the accessory apartment is to be located must be occupied,
at the time of application and at all times thereafter while the accessory
apartment is approved as the principal domicile of the record owner
of title. Ownership shall be evidenced by a deed recorded in the office
of the Clerk of the County of Orange. Evidence that the dwelling is
occupied as the principal domicile of the record owner shall be established
by an affidavit of the record owner, supported by voting records or
such competent evidence as would be sufficient to establish domicile
for purposes of voting. It shall be a condition of every certificate
of occupancy issued for an accessory apartment that occupancy of such
dwelling unit is valid only while the unit is located in an owner-occupied
single-family detached dwelling, and the certificate of occupancy
shall prominently display in bold print a statement that occupancy
of such accessory apartment is not lawful and valid unless the single-family
dwelling is owner-occupied as well as fully meeting all legal requirements
herein as well as other laws, rules, and regulations. In the event
a certificate of occupancy is issued without such statement, the accessory
apartment use shall not be deemed lawful. Nothing herein shall permit
the establishment of separate ownership, e.g., condominium, of either
dwelling unit.
(f)
Occupancy of the accessory apartment shall be limited to family members
of an owner-occupant of the principal dwelling unit and shall be limited
to no more than two individuals.
(g)
Maximum number of accessory apartments. There shall be no more than
one accessory apartment in any single-family detached dwelling and
no more than one accessory apartment shall be located on any lot.
(h)
The accessory apartment shall comply with all applicable requirements
of the New York Stale Uniform Fire Prevention and Building Code and
shall be maintained in a neat and orderly manner. A carbon monoxide
detector shall be installed in the accessory apartment and maintained
in good operating condition for the life of the apartment. An accessory
apartment shall not be permitted in a cellar.
(i)
Off-street parking shall be provided on the following basis: one
parking space for the accessory apartment. The parking spaces shall
be provided with a backup or turnaround area so that cars which park
in the parking spaces are not required to back out into the street.
The backup or turnaround area shall not be construed as nor used as
a legal parking space for anyone other than the accessory apartment
occupant.
(j)
No use shall be permitted accessory or otherwise to an accessory
apartment.
(k)
Each dwelling unit in the structure shall contain its own separate
and independent bathroom and kitchen entirely located within each
dwelling unit. The accessory apartment shall contain no more than
one bedroom and no other space shall, in the determination of the
Planning Board, be so configured that it could be used as a second
bedroom (e.g., a den, a sewing room, etc.).
(l)
No exterior changes, appearance or expansion, which may alter its
existing foundation existing roofline, or existing façade,
shall be made to the principal single-family detached dwelling except
for the installation of an entrance to serve the accessory apartment.
The structure in which the accessory apartment is located shall have
only one front entrance and only one entrance from any other facade
of the structure for the accessory apartment. An exterior entrance
leading to a foyer with interior entrances leading from the foyer
to the dwelling units will be acceptable to comply with this requirement.
(m)
Lot coverage. The Planning Board may allow an increase in lot coverage
to create the minimum required parking spaces, or to construct a sidewalk
to the entrance of the accessory apartment. Notwithstanding the foregoing,
the maximum lot coverage for the single-family detached residential
dwelling unit applicable to the zoning district within which it is
located shall not be exceeded.
(n)
The accessory apartment may be in a zone that is serviced by either
an on-site septic system or central sewage facility, and by an individual
well or central water facility. Adequate water supply and sewage disposal
facilities shall be available as certified by a New York State licensed
professional engineer, except such certification is not required if
the building is connected to public water and municipal sewer services.
The adequacy of the water and sewer facilities must be demonstrated
to the satisfaction of the Town Engineer during accessory apartment
permit review.
(2)
Conditions of approval.
(a)
In addition to the above standards, the Planning Board shall grant
such application and issue conditional use approval only after determining
that the issuance of such accessory apartment permit will not adversely
impact adjoining properties and the general surrounding neighborhood
where the accessory apartment is proposed to be located. In the event
that the Planning Board determines a proposed accessory apartment
may adversely impact adjoining properties or the surrounding neighborhood,
it may, as a condition of approving a permit, require that the applicant
establishes and maintains landscaping or fencing, or other mitigation
measures as required by the Planning Board, where necessary, to avoid
such adverse effects.
(b)
It shall be a condition of any approval, whether or not specifically
incorporated therein, that:
[1]
The owner shall maintain the accessory apartment in conformity with
the requirements of this section and all applicable provisions of
the Uniform Fire Prevention and Building Code, including, but not
limited to, the Property Maintenance Code of New York State as well
as all other required laws, rules and regulations; and
[2]
The accessory apartment conditional use permit shall be valid for
a period of one year from the date that the Planning Board has approved
the accessory apartment. On the effective date of this law, any owner
of a preexisting accessory apartment shall be subject to these regulations,
including renewal of a permit in accordance with the regulations set
forth herein. A conditional use permit for an accessory apartment
shall be renewed on an annual basis by application to, and approval
by, the Planning Board. The application shall be submitted prior to
the November Planning Board meeting at which time the application
for renewal shall be heard. A public hearing shall not be required
for the renewal permit. The applicant shall submit documents that:
[a]
Consent, in writing, that the Building Inspector is authorized
to conduct a site visit and inspection to verify that the accessory
apartment remains in compliance with the conditions of the accessory
apartment permit issued for the property in connection with an application
for conditional use permit renewal;
[b]
Provide clear and convincing evidence of continued ownership
of the principal dwelling;
[c]
Provide clear and convincing evidence that the accessory apartment
is occupied by parents or grandparents of the applicant owner as required
by this section, based on such documentation that the Town Board shall
establish by resolution;
[d]
Such other information that the Planning Board deems necessary
to renew the conditional use permit.
(c)
[f the Building Inspector determines at any time prior to renewal
that the use has not been maintained in accordance with the requirements
herein or any applicable conditions of approval, the Building Inspector
shall give notice of such determination to the record owner by certified
mail, return receipt requested, at the address set forth in the Town
tax assessment roll. The Planning Board shall approve, disapprove,
or approve with conditions the renewal. The Planning Board shall consider
the Building Inspector's findings in evaluating whether to renew the
accessory apartment permit, and if it determines that it intends to
deny such renewal or to impose additional conditions on such renewal,
the Planning Board shall give written notice of its intent to the
record owner at the most-recent address shown on the tax roll of the
Town, and provide an opportunity for the record owner to be heard
on the matter, and shall consider any evidence submitted by the record
owner in support of the renewal. The Planning Board shall thereafter
approve, approve with conditions or deny the accessory apartment conditional
use permit application, stating the reasons for its decision.
(d)
Effect of denial of renewal. The Planning Board shall direct that
the accessory apartment created pursuant to this section be vacated,
its use as an accessory apartment created pursuant to this section
be discontinued, and that any kitchen installation or improvements,
including any sink, stove and/or refrigerator, be removed.
(e)
Certificate of occupancy. The certificate of occupancy shall bear
the name of the occupant of the accessory apartment, the owner which
has been granted the conditional use permit for an accessory apartment,
and the date on which permit must be renewed by.
(3)
Inspections. The applicant shall agree and acknowledge in writing to the Town of Blooming Grove that should the parcel be sold, the Building Inspector is authorized to conduct a site visit to verify that the accessory apartment is in compliance with the conditions of the accessory apartment permit issued for the property. The Building Inspector, or a duly authorized designee of the Building Inspector, may perform a fire, safety and property maintenance inspection of the accessory apartment upon the request of the owner of the property to be inspected or an authorized agent of such owner or the occupant. In the event that the Building Inspector has a reasonable basis to believe that the accessory apartment or principal structure does not comply with applicable provisions of its conditional use approval, Chapter 235, or the Uniform Fire Prevention and Building Code, and the owner or an authorized agent or occupant does not consent to such inspection, the Building Inspector may apply for a warrant to permit such inspection. Nothing in this subsection shall permit such inspection in such circumstances unless such warrant has been obtained.
[Added 8-8-2017 by L.L.
No. 7-2017]
A.
A large-scale solar energy system is a prohibited use in the following
overlay districts: Ridgeline Overlay District, Scenic Gateway Overlay
District and Surface Water Overlay District. A large-scale solar energy
system is a permitted conditional use and structure in all other zoning
districts, subject to site plan approval by the Planning Board, and
subject to the following requirements:
[Amended 12-13-2017 by L.L. No. 12-2017]
(1)
Any large-scale solar energy system shall be set back at least
200 feet from any public or private road, and from all lot lines and
no less than 1/4 mile from any other large-scale solar system in the
unincorporated Town of Blooming Grove that is existing, under construction
or pending before the Town Planning Board. Applicants unable to comply
with setback requirements may apply to the Zoning Board of Appeals
for relief.
(2)
The average height of any solar panel or array shall not exceed
20 feet when oriented at a maximum tilt. The applicant shall identify
the type of solar panel proposed and whether the panels track the
sun. The Planning Board shall assess the potential noise impact to
adjoining uses from any solar tracking system.
(3)
The solar energy system and related equipment shall be substantially
screened from view from adjoining and neighboring properties and from
public and private roadways. Appropriate screening shall be provided
to the satisfaction of the Planning Board. If landscape screening
is proposed, a landscape design, signed and stamped by a licensed
landscape architect, shall be submitted with all solar system site
plan applications. The applicant shall provide a visual analysis to
the Planning Board using line-of-sight profiles and color photographs
from public viewing locations to be determined by the Planning Board.
(4)
All on-site power lines shall be installed underground unless
the applicant demonstrates to the satisfaction of the Planning Board
that such underground installation is not practicable given the particular
characteristics of the site.
(5)
Buildings and structures associated with the solar energy system
shall, to the extent reasonably possible, use materials, colors, and
textures that blend the facility into the existing environment.
(6)
Access to the site shall provide appropriate and safe sight
distance and lawful and appropriate access for emergency vehicles
and equipment. Access to the facility shall be reviewed for its sufficiency
by the relevant emergency service provider(s). Access to the site
shall be constructed with pervious materials except as required by
the Town driveway specifications.
(7)
The site shall include prominent and clear identification of
the property address and of the address and phone number of the owner
and operator in the case of emergency.
(8)
The area beneath the collectors shall not be used for storage
of any equipment or material.
(9)
The installation of a large-scale solar energy system shall be considered a land development activity for purposes of stormwater management pursuant to Town Code Chapter 201 of the Town of Blooming Grove.
(10)
Construction of a large-scale solar energy system shall minimize, to the greatest extent practicable, the clear-cutting of trees. For purposes of this section, the term "clear-cut" shall be the same as the term used in § 219-4, Clear-cutting, of the Town of Blooming Grove Code. The Planning Board, in its sole discretion, shall determine the percentage of land that may be clear-cut. Where significant trees are removed (eight inches DBH or greater), no less than 75% of the canopy cover lost shall be replaced with new trees. The plan shall show the following: (i) trees to be removed or likely to be removed; (ii) replacement trees; and (iii) the type and size of the trees identified in Items (i) and (ii); and (iv) the proposed location of the replacement trees. The area of canopy cover lost shall be determined by use of the canopy cover and/or basal area formulas. The Planning Board may reduce the number of new or replacement trees if, in its opinion, the plantings might damage other trees or flora or if the number of new or replacement trees is excessive for the site of the installation or the replacement site.
(11)
As a condition of approval, the Planning Board may require that
an applicant open subscription services to Town property owners before
offering subscription services to others.
(12)
The perimeter of the large-scale solar energy system shall be
enclosed in a fence to deter access to the site. The Planning Board
shall establish the maximum height, location, and fence materials,
taking into consideration all applicable laws and regulations governing
enclosure of a solar energy farm. Where this section is inconsistent
with any other section of the Zoning Chapter regulating fences, this
section shall prevail.
B.
Application requirements. In addition to the other requirements in
this chapter applicable to site plan and conditional use applications,
as part of its application, the applicant shall submit to the Planning
Board the following:
(1)
If the property of the proposed solar energy system is to be
leased, the written legal consent of all affected parties, specifying
the use(s) of the property, and the duration of the project, including
easements and other agreements.
(2)
Equipment specification sheets for all photovoltaic panels,
significant components, mounting systems and invertors.
(3)
A property operation and maintenance plan, which plan shall
describe continuing equipment maintenance and property upkeep, such
as but not limited to mowing and trimming. Any use of herbicides shall
be restricted to those approved and regulated by the New York State
Department of Environmental Conservation (DEC) and shall be applied
in accordance with applicable DEC regulations.
(4)
Ten days prior to the application of any herbicide, the system
operator shall provide written notification to the Town Code Enforcement
Officer (CEO) specifying the type and amount of herbicide to be used
and the date, time and location of the proposed application and shall
provide such other information as deemed necessary by the CEO. The
written notification shall be presented in the form of a notarized
affidavit signed by the system operator attesting to the truth of
the information provided therein.
C.
Decommissioning and removal.
(1)
Removal of unused systems. The applicant, property owner, system
owner and system operator shall enter into an agreement binding unto
themselves and their successors and assigns in a form satisfactory
to the Town Attorney to remove the solar energy system and all associated
equipment and structure when the solar energy system ceases to be
used for its intended purpose for 12 consecutive months. Removal of
such unused system, equipment and structures shall be completed within
six months thereafter. Said agreement shall be recorded in the chain
of title and shall be a condition of the conditional use permit authorized
by the Planning Board.
(2)
Decommissioning and removal plan. To ensure the proper removal of a solar energy system, a decommissioning plan shall be submitted as part of the application. Compliance with the approved decommissioning plan shall be a condition of the conditional use permit authorized by the Planning Board. The decommissioning plan shall specify that after the solar energy system ceases operation, as described in Subsection C(1) above, the system shall be removed by the applicant, property owner, system owner and system operator as the case may be. The plan shall demonstrate how the removal of the solar energy system and all related equipment and structures shall be conducted and how the remediation of soil and vegetation shall be conducted to return the property to substantially its condition prior to construction. A cost estimate detailing the projected cost of executing the decommissioning plan shall be prepared by a professional engineer. Cost estimates shall take inflation into account. The decommissioning plan shall state the time period within which the solar energy system shall be removed and the property restored, which time period shall be no greater than six months after the solar energy system ceases, for 12 consecutive months, to be used for its intended purpose. A six-month extension may be granted by the Town Code Enforcement Officer upon good cause shown.
(3)
Decommissioning and removal security.
(a)
The applicant shall execute and file with the Town Clerk security
in a form acceptable to the Town Attorney and Town Board, and in an
amount sufficient to pay for the costs and expenses of removal of
the solar energy system and related equipment and structures and restoration
of the site. The amount is subject to approval by the Planning Board's
professional engineer and the Planning Board. The security may be
in the form of cash, letter of credit or another instrument acceptable
to the Town Attorney and the Town Board, or a combination thereof.
The security shall remain in full force and effect until all solar
energy system equipment, structures, and materials have been properly
removed and site restoration is complete.
(b)
The amount of the security shall be sufficient, during the first
five years of operation, to cover at least the projected costs to
deconstruct and dispose of all equipment, structures and materials
related to the solar energy system; projected costs to restore the
site; and all projected fees, costs and expenses estimated to be incurred
by the Town to administer and enforce the decommissioning process.
Such amount shall be re-evaluated every five years thereafter and,
if necessary, adjusted to reflect prevailing costs and expenses as
a condition to continued operation of the system.
(c)
If the amount of the security does not fully cover such fees,
costs and expenses ("costs") or if the Town cannot reasonably recover
adequate proceeds of the security, then the owner and operator of
the solar energy system and the property owner shall be jointly and
severally, and corporately and personally, liable for the costs not
recovered. In addition, the Town may assess such costs against the
property, which assessment shall constitute a lien on the property,
and which amount may be collected in the same manner as real property
taxes.
(d)
Equipment and parts maintenance. All equipment, parts and items
of any kind appurtenant to the maintenance or operation of the solar
energy system shall be contained in a secure building. Damaged or
unused equipment and parts shall be removed from the premises within
30 calendar days.
(e)
Ownership changes. If the owner or operator of the solar energy system changes or if the owner of the property changes, the conditional use permit shall remain in effect, and all requirements of the Town Code and all conditions and requirements of the conditional use permit shall be binding upon each succeeding owner and operator. However, a change in owner or operator shall not affect the decommissioning security, although a new owner may substitute other security in accordance with § 235-45.7. A new owner or operator of the solar energy system shall immediately notify the Town Code Enforcement Officer of such change in ownership or operator as a condition of continued operation of the solar energy system.
(f)
Modifications. Any and all modifications, additions or deletions
to the solar energy system, whether structural or not, shall be subject
to prior site plan review and approval by the Planning Board, except
that routine repairs and maintenance, as determined by the Town Code
Enforcement Officer, shall not be subject to Planning Board review.
