Town of Greenfield, NY Supplementary Regulations

Spaces required.

Off-street parking spaces shall be required in any district whenever any new use is established or any existing use is enlarged, in accordance with Table 3.[1] The Planning Board shall determine the parking requirement for any use not listed or where it is given the discretion to do so.

Editor's Note: Table 3, Parking Requirements, is included at the end of this chapter.

The Planning Board reserves the right to waive any portion of the parking requirement in the event that proximate public parking exists to support the use in question.

The Planning Board reserves the right to waive the construction of any portion of the parking requirement in the event that the applicant can demonstrate, to the Board's satisfaction, that the parking requirement is greater than would be required for the specific use requested, provided that the parking requirement pursuant to this article is shown on the plan and could be built at some future time if deemed necessary by the Planning Board. By agreeing to a waiver of any portion of the parking requirement pursuant to this section, the applicant or its successor expressly agrees that it will construct the parking requirement pursuant to this article if the Planning Board should require it in the future.

In any district, the Planning Board, at its sole discretion, may approve the joint use of a parking facility and a reduction in the parking requirement of up to 30% by two or more principal buildings or uses, either on the same, adjacent or nearby parcels, where it is clearly demonstrated that the reduction in spaces and shared use of the parking facility will substantially meet the intent of the parking requirements by reason of variation in time of use by patrons or employees among such establishments or by virtue of pedestrian pathways that facilitate walking within 1/2 mile. There shall be a covenant on the separate parcel or lot guaranteeing the maintenance of the required off-street parking facilities during the existence of the principal use. Such covenant shall:

Be executed by the owner of said lot or parcel of land and the parties having beneficial use thereof;

Be enforceable by either of the parties having beneficial use thereof as both; and

Be enforceable against the owner, the parties having beneficial use, and their heirs, successors and assigns.

No use may provide parking in excess of 20% over the amount specified in this section.

Design of off-street parking facilities.

Each parking space shall comply in size and dimension with the following standards:

Parking Lot Sizes and Dimensions
Angle (degrees)	Stall Width (feet)	Stall to Curb (19-foot stall) (feet)		Curb Length Aisle Width per Car (feet)
90	9.0	19.0	24.0*	9.0
60	9.0	21.0	18.0	10.4
45	9.0	19.8	13.0**	13.4
30	9.0	17.3	11.0**	18.0
0	9.0	9.0	12.0	23.0

NOTES:
*	Two-way circulation.
**	One-way circulation.

Driveways providing access to parking aisles shall be at least 10 feet in width for one-way traffic and 18 feet in width for two-way traffic, except that twelve-foot-wide driveways are permissible for two-way traffic when the driveway is not longer than 50 feet and it provides access to not more than six spaces, with sufficient turning space provided so that vehicles need not back onto a public street.

Lines demarcating parking spaces may be drawn at various angles in relation to curbs or aisles, so long as the parking spaces created contain within them the rectangular area required by this section.

Handicap parking spaces are to be supplied in accordance with Part 1102 of the General Building Construction Section of the State of New York Uniform Fire Prevention and Building Code.

Landscaping requirements for parking areas.

Each off-street parking area is to have a landscaped area equivalent to one parking space for every 30 parking spaces, which is to be located in such a way as to ensure that there are no more than 15 cars in a row without interruption by landscaping. Off-street parking areas are to be landscaped with shrubs no higher than three feet over half their surface and canopy trees of a minimum caliper of 2 1/2 inches, with branches no lower than seven feet. A minimum of one canopy tree per equivalent landscaping space shall be required. Such landscape spaces are to be located in a manner not impairing visibility. Parking lot landscaping is not to be construed as meeting any other landscaping, screening and/or buffering requirements of this chapter.

A screen planting of appropriate plant material not less than three feet in height shall be provided between off-street parking areas and any lot line or street line, except where a building intervenes or where the distance between such areas and the lot line or street line is greater than 150 feet.

All loading areas are to be landscaped and screened sufficiently to obscure the view of the parked vehicles and loading platforms from any public street, adjacent residential land use or district or commercial frontage.

Pavement requirements.

Off-street parking areas and loading areas, including access aisles, driveways and fire lanes, shall be surfaced as outlined below. Alternate methods of an equivalent quality may be permitted subject to approval by the Town Engineer.

Areas of ingress, egress, loading and unloading, major interior driveways or access aisles and other areas likely to experience similar heavy traffic shall be paved with not less than 12 inches of suitable subbase material in compliance with New York State Department of Transportation Standard Specification Type 4 equivalent gravel. Areas with soft soil conditions may require subbase material up to 18 inches based on the Town Engineer's recommendation. Under extremely soft soil conditions, a soil stabilization fabric shall be deemed necessary and required after review by the Town Engineer. Bituminous surfacing shall be used unless an equivalent is approved after review by the Town Engineer. Bituminous surfacing shall consist of 1 1/2 inches of compacted Type 6 or 6F New York State Department of Transportation equivalent top course and a three-inch compacted Type I New York State Department of Transportation equivalent base course for a total compacted bituminous material thickness of at least 4 1/2 inches. Should unstable subsurface soil conditions exist, additional subbase and/or bituminous base course may be required depending on the Town Engineer's recommendation.

Parking stall areas and other areas likely to experience similar light traffic shall be paved with not less than 12 inches of New York State Department of Transportation Type 4 equivalent gravel. Bituminous surfacing is to be used unless an equivalent is approved after review by the Town Engineer. Bituminous surfacing shall consist of at least one inch of compacted Type 6 or 6F New York State Department of Transportation equivalent top course and 2 1/2 inches of compacted Type 3 or Type 1 New York State Department of Transportation equivalent binder or base course for a total compacted bituminous material thickness of at least 3 1/2 inches. Should unstable subsurface soil conditions exist, additional subbase and/or bituminous base course may be required depending on the Town Engineer's recommendation.

All parking areas, regardless of size and location, shall be suitably drained and maintained with slopes on paved surfaces established between 1% and 8% in parking stall areas and with driveway grades no greater than 10%.

All off-street parking lots shall be adequately demarcated with reflective painted lines or other markings to indicate traffic flow and parking spaces.

Other use of parking facilities prohibited. Parking areas shall be used for automobile parking only, with no sales, dead storage, repair work, dismantling or service of any kind. The required parking areas shall be permanently available for the use by patrons and employees of establishments providing such spaces.

Commercial landscaping standards.

Landscaped strips along street. A landscaped strip shall be provided adjacent to all public and private streets. The landscaped strip shall be a minimum of 10 feet wide, exclusive of street right-of-way. Within the landscaped strip, one shade tree (three inches caliper minimum) shall be provided per every 150 linear feet, or any portion thereof, of landscaped strip. Required shrubbery shall be no higher than four feet above existing street grades. All landscaping (trees, shrubs, planted bed) shall be maintained within 20 feet of any street intersections or 10 feet of driveway/street intersections. This restriction is for purposes of maintaining visibility at all times.

Where parking lots and driveways abut the landscaped strip along street rights-of-way, evergreen shrubs selected from the list below must be provided for screening. The screening must be a plant species that grows a minimum of three feet high and extends along the entire street frontage of the parking lot, exclusive of driveways and visibility clips. A landscaped berm must be provided in lieu of required shrubs. The berm must be 18 inches to 40 inches above the average grade of the street and parking lot curbs, with a slope not to exceed 3:1. If a parking lot is located 50 feet or more from the street right-of-way line, no screening shrubs or berm will be required.

	Suggested Evergreen Low Screening Shrubs
	Common Name	Scientific Name
	Euonymous	Euonymous fortunei
	Oregon grape	Mahonia aquifolium
	Rhododendron	Rhododendron ('compacta' varieties)
	Holly	Ilex ('compacta' varieties)
	Dwarf Hinoki false cypress	Chamaaecyparis obtuse 'Nana Gracilis'
	Spruce	Picea (varieties)
	Juniper	Juniperus (varieties)
	Yew	Taxus (varieties)

	Suggested Evergreen Tall Screening Shrubs
	Common Name	Scientific Name
	Spruce	Picea (varieties)
	Juniper	Juniperus (varieties)
	Yew	Taxus (varieties)
	The blue holly	Ilex meservae
	Mountain laurel	Kalmia latifolia
	Firethorn	Pyracantha
	Rhododendron	Rhododendron
	Leatherleaf viburnum	Viburnum rhytide phyllum

Off-street loading.

Whenever the normal operation of any use requires that goods, merchandise or equipment be delivered to or shipped from the use, sufficient off-street loading and unloading space shall be provided to accommodate loading and unloading operations.

The loading and unloading area shall be of sufficient size to accommodate the numbers and types of vehicles that are likely to use the facilities. The following chart indicates the number and size of spaces that may, presumptively, provide safe and convenient loading and unloading facilities; however, the Planning Board reserves the right to adjust the loading area if reasonably necessary to ensure safe, convenient and efficient operations.

	Gross Leasable Area of Building (square feet)	Number of Spaces
	5,000 to 79,999	1
	80,000 to 127,999	2
	128,000 to 191,000	3
	192,000 to 255,999	4
	256,000 to 319,000	5
	320,000 to 391,999	6
	Each additional 72,000 or fraction thereof	Plus 1

Each loading space shall possess a minimum area of 12 feet by 55 feet and an overhead clearance of 14 feet from the street grade.

Loading and unloading areas shall be located and designed such that the vehicles intended to use them can maneuver safely and conveniently to and from a public right-of-way and complete the loading and unloading operations without obstruction or interfering with any public right-of-way or any parking space or parking lot aisle or fire right-of-way or lane.

No area used for loading and unloading facilities shall be used to satisfy the area requirements for off-street parking, nor shall any portion of any off-street parking area be used to satisfy the area requirements for loading and unloading facilities.

Curbs and sidewalks.

Granite or concrete curbing shall be installed, as required, to adequately control stormwater runoff and to delineate and protect other site features, including but not limited to sidewalks, ingress and egress locations, landscaped islands and planting beds and parking and loading areas, and at intersections with existing town, county or state roads. The appropriateness of curbing shall be reviewed and approved by the Town Planning Board and/or its consultant. Construction of said curbing shall be laid in a manner approved by the Town Engineer.

Curbing shall be laid in compliance with the following:

All concrete curbing shall have a twenty-eight-day compressive strength of 4,000 pounds per square inch. Expansion joints shall be provided at intervals of 20 feet and shall be sealed. Curb vertical face exposure shall be at least six inches above the pavement surface.

Granite curbing shall be constructed to show a vertical face above the pavement surface of at least six inches.

Sidewalks shall be supplied in compliance with the following:

Sidewalks may be required as part of any site layout, along all streets in the TC or OR Districts and other areas determined appropriate by the Planning Board, to facilitate adequate separation of pedestrian and vehicular traffic and to supply ample space along existing roads for safe pedestrian movement. Sidewalks shall be approved by the Town Planning Board in light of the above requirement, depending on the probable volume of pedestrian traffic and the development's location in relation to other development areas.

Where required, sidewalks shall be at least four feet wide and located to avoid conflicts with vehicular traffic as reviewed and approved by the Town Planning Board. Said sidewalks are to be concrete or an equivalent acceptable to the Board and are to be constructed in accordance with New York State Department of Transportation Standard Specification 608.

Buffers.

Mixed-density residential buffers shall consist of a naturally landscaped area, including lawns, shrubs and trees creating a screened effect between dissimilar uses.

A buffer area or strip required adjacent to residential lots/districts shall consist of shrubs, trees and lawns culminating with a fencelike screen of trees near the property line or a spacing of trees throughout the required buffer area effectively creating screening between adjacent dissimilar uses.

Types of buffer zones between uses.

The purpose of buffer zones is to separate land uses and offer visual screening between uses that may not be compatible. The level of general compatibility dictates the level of screening. Three different types of buffers are specified. The buffer types are designated as Type A, Type B and Type C buffers. The following table illustrates the types of buffers required between adjacent uses.

Buffer Requirements Between Adjacent Uses
Land Uses	Single-Family Resi- dential	Multi- family Resi- dential	Office	Retail	Com- mer- cial/Recre-ation	Indus-trial
Single-family residential	None	B	A	B	C	C
Multifamily residential	B	None	A	A	B	C
Office	A	A	None	A	B	C
Retail	B	A	A	None	B	C
Commer- cial/recre- ation	C	B	B	B	None	B
Industrial	C	C	C	C	B	None

Any use not specified above is considered a commercial use, unless otherwise determined by the Planning Board.

Description of buffer types.

Buffer types are illustrated in Figure 27. Each buffer type contains certain minimum requirements, which are outlined in the table below. The buffer shall apply to both sides of the property line to which it is applied. Trees and shrubs are to be from the recommended lists in this section. An opaque fence or other screen may be substituted for trees or shrubs of the minimum specified height, at the discretion of the Planning Board.

Buffer Types
Buffer Yard Type	Minimum Landscaped Yard (feet)	Number of Trees Required per 100 Linear Feet of Buffer	Minimum Height of Required Trees (feet)
A	10	1	N/A
B	20	3	6
C	50	5	10

Parking or storage of vehicles of any kind or objects associated with the use of the property is not permitted within the buffer yards. When not inhabited with natural woody plants (i.e., trees and shrubs) sufficient to visually screen adjoining uses or zones, such buffers shall be planted, regraded and/or fenced.

Buffer yards are in addition to landscape requirements outlined in this section and may not be used as a substitution for any part of the required landscaping. Where the use and area tables of this chapter specify a fifty-foot buffer, the requirements of a Type C buffer shall apply.[2]

Editor's Note: Table 1, Use Regulations, and Table 2, Area Regulations, are included at the end of this chapter.

All industrial and commercial uses shall maintain a fifty-foot Type C buffer between the use and adjoining lot line of any cemetery.

Maintenance of buffers. All buffers shall be maintained. The Planning Board may require that a bond be posted to ensure buffer maintenance.

§ 105-122 Cluster development.

Purpose and authority. To enable and encourage flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economical provision of streets and utilities and to preserve the natural and scenic qualities of open lands, the Planning Board, in reviewing or approving proposed residential developments, may approve or require approaches to housing and environmental design in accordance with the provisions of this article and § 281 of the New York State Town Law.[1]

Editor's Note: Former § 281 of the New York State Town Law was renumbered as § 278 by L. 1992, c. 727, § 3.

Applicability.

The provisions of this section shall apply to applications for division of land parcels containing a total land area of appropriate size and dimension which can accommodate at least five building lots according to the standards of this chapter and which can be classified as major subdivisions under the Subdivision Regulations of the Town of Greenfield.[2]

Editor's Note: See Ch. 90, Subdivision of Land.

Voluntary application. An owner of property within any residential zoning district may make application under this section at preliminary sketch plan application, provided that the site meets the minimum requirements defined above.

Required application. The Planning Board may, at its discretion, require that a land parcel meeting the minimum requirements under this section be developed in a cluster design, provided that the parcel possesses one or more of the following site characteristics:

Flood hazard areas in accordance with the Federal Emergency Management Agency's Flood Insurance Rate Maps.

Environmentally sensitive areas as designated by the Comprehensive Plan and Map.

State or National Register historic sites or other areas of historical significance to the Town.

The presence of a significant plant or wildlife habitat.

The presence of significant wetland areas.

The presence of significant areas of steep slopes.

The presence of significant areas of soils with poor percolation characteristics, shallow depth to groundwater or a shallow depth to bedrock.

Sites with significant views or with significant visibility from other areas of the Town.

Other areas of environmental or scenic significance as may be mapped and designated by the Planning Board, such as a stream protection corridor or greenway recreation area.

Procedures.

The subdivider, in making voluntary or required application under this section, shall present two preliminary plats or two sketch plans at the time of application under § 90-20 of Chapter 90 of the Code of the Town of Greenfield, New York. One shall be a layout of a conventional subdivision in strict compliance with the rules and regulations contained within Town zoning and subdivision legislation. The other shall be a layout outlining development of the parcel in the form of a cluster development.

Upon submission of an application under this section, the subdivider shall present all information required in § 90-20 of Chapter 90 of the Code of the Town of Greenfield, New York, supplemented by evidence of the consistency of the proposed cluster development with the criteria to be used by the Planning Board in rendering its decision. Such evidence shall include a written statement describing the natural features to be preserved or enhanced by the cluster approach. The statement should also compare the impacts upon the Town from a conventional subdivision layout to the impacts of the cluster development for which application is being sought.

General design requirements.

A cluster development shall meet all requirements for a subdivision in accordance with prevailing Town Law and any other federal, state and local law, with the exception of the minimum required front and rear yards, setbacks and lot size.

Each building in a cluster development shall be an integral element of an overall concept for the site. The concept should take into consideration all requirements of this section and all other relevant sections of this chapter and other Town legislation.

The overall development shall be oriented in such a way as to maximize the preservation of environmental, cultural or recreational resource(s) present at the site.

The area dedicated for open space purposes, including playgrounds and parks, shall be in an amount, location, quality and shape as is desirable for accessibility to all developed properties and open space preservation, as determined by the Planning Board.

Where possible, all land not contained within the lots, road right-of-way or designated preserve land shall be contiguous and of such size and shape as to be usable for recreation and/or open space.

Density. The overall density of a cluster development shall not exceed the maximum dwelling units permitted per acre in accordance with § 281 of the New York State Town Law.[3] The correct cluster shall be reviewed by the Planning Board prior to action on the preliminary plat for compliance with these regulations and any other relevant legislation.

Editor's Note: Former § 281 of the New York State Town Law was renumbered as § 278 by L. 1992, c. 727, § 3.

Permitted uses. Permitted uses in a cluster development shall be the same as those allowed by the prevailing Town zoning district where the development is proposed.

Calculation of maximum buildable lots. The maximum buildable number of lots for a clustered subdivision shall be calculated as follows.

From the total area of the property to be divided, subtract:

Any unbuildable areas such as local, state or federally regulated wetlands.

Rock outcrops.

Slopes in excess of 15%.

The area to be occupied by the proposed streets' rights-of-way.

Any area occupied by other public easements or rights-of-way across the property such as major power or telephone lines.

Then divide the remaining acreage by the minimum lot size in the zone in which the lots will be located.

Clustering of structures, lot sizes and dimensions.

Clustering of structures. Residential building lots proposed under this section shall be organized into clusters or groupings of individual building lots. No cluster of building lots shall contain less than five lots.

Minimum lot size. An individual building lot in a cluster development shall not be less than 1/4 the required acreage of that required for a similar building lot under the prevailing zoning district, and in no case shall an individual building lot be less than 1/2 acre.

Setbacks. Each cluster of buildings shall be set back a minimum of 100 feet from any adjoining property or any Town right-of-way except that which is designated for exclusive use by residents of the development.

Yards. Each individual residential building within a cluster development shall have a minimum front and rear yard of 50 feet and a minimum side yard the same as required under the zoning district in which the project is located.

Open space.

All land not included in building lots or road rights-of-way shall be designated as open space. At minimum, open space within a development should equal or exceed the difference between the total land area required for building lots under a conventional subdivision and the total land area required for building lots under the proposed cluster development.

Where a cluster development abuts a body of water, a usable portion of the shoreline, as well as reasonable access to it, should be a part of the open space.

The ownership of land dedicated for park, recreation or open space use shall be determined by the property owner or applicant. The person or entity having the right of ownership shall be responsible for its proper maintenance and continued upkeep. Ownership shall be with one of the following: the Town; another public jurisdiction or agency; a private, not-for-profit organization incorporated with a purpose consistent with the use and management requirements of the dedicated land; shared, common interest by all property owners in a subdivision; a homeowners', condominium or cooperative association or organization; or private ownership encumbered by a conservation easement pursuant to § 247 of the General Municipal Law or §§ 49-0301 through 49-0311 of the Environmental Conservation Law. Nothing in this section shall supersede the Town Board's right and responsibility to determine land to be acquired for Town parks, after consulting with the Planning Board and Recreation Commission.

All areas designated for open space shall also comply with §§ 105-122J and 105-126 of this chapter.

Action by the Planning Board.

The Planning Board, prior to acting on an application for preliminary plat review, within the time limits established in the Town Subdivision Regulations,[4] shall refer all relevant information of the application for review and comment to the Town Engineer, Environmental Commission and any other bodies at its discretion. All and any comments on the application received within the time limits established in the Town Subdivision Regulations shall be reviewed and considered prior to Planning Board action on the application.

Editor's Note: See Ch. 90, Subdivision of Land.

The Planning Board may approve a voluntary application for cluster development or mandate cluster development under a required application if the proposed development complies with the standards of this chapter and other relevant laws and if, in its opinion, based on review of evidence about the site, traditional site layout would result in the elimination or permanent alteration of at least 60% of one or 60% of any combination of the following attributes present on the site. (NOTE: For example, if 25% of the area of a fifty-year floodplain present at the site will be impacted by the proposed development, 25% of the area of a sensitive environmental condition will be impacted and 15% of a critical environmental condition present will be impacted, all totaled 65% of these subdivision of land attributes combined will be impacted, and cluster development shall be approved or mandated.)

A fifty- or one-hundred-year flood hazard area as designated by the Federal Emergency Management Agency's Flood Insurance Maps.

An environmentally sensitive area as designated by the Comprehensive Plan and Map.

A National Register historic site.

Other areas of environmental or scenic significance as may be mapped and designated by the Planning Board, such as a stream protection corridor or greenway recreation area.

In the event that the criteria listed above are not met by the proposed development, the Planning Board may approve a voluntary application for cluster development if, in its opinion, the development of the site in a cluster design shall achieve one or more of the following objectives:

The proposed cluster development shall protect natural and scenic resources on, adjacent to or near the site better than a conventional site layout.

The proposed cluster development shall contribute to Town-wide open space planning by creating or complementing a system of permanently preserved open spaces.

Sufficient evidence has been presented by the applicant to document that the proposed cluster development shall foster housing for special sectors of the community, including those groups identified in the Comprehensive Land Use Plan as populations which may require special housing initiatives to meet their particular needs (e.g., elderly residents or first-time homebuyers).

Reservation of open space lands.

As a condition of final plat approval of a cluster development, a perpetual conservation easement and/or other rights to property shall be placed on open space land which have the minimal effect of restricting development permanently and allowing use of such open land only for agriculture, forest management, active or passive recreation, watershed protection, wildlife habitat or other open space use and prohibiting residential, industrial or commercial use, pursuant to the open space requirements of this chapter and the Town Subdivision Regulations.[5]

Editor's Note: See Ch. 90, Subdivision of Land.

As outlined under § 105-126C of this chapter, open space created by the use of cluster development shall be clearly labeled on the final plat as to its shape, use, ownership, management, method of preservation and the rights to such land, if any, of the property owners of the subdivision and the general public. The plat should clearly identify that the open space is permanently reserved for open space purposes and shall not be platted for building lots. It shall indicate the book and page number of any conservation easements or deed restrictions required to be filed to implement such reservation of open space.

§ 105-123 Signs.

Purpose. The purpose of this section is to permit such signs that shall not, by their size, location, construction or manner of display, obstruct the vision necessary for traffic safety or otherwise endanger public safety. It is intended to protect property values, to create a more attractive economic and business climate, to enhance and protect the physical appearance of the community, to preserve scenic and natural beauty and to provide more visual open space by permitting and regulating signs in such a way as to support and complement the objectives and goals of the Town's Comprehensive Land Use Plan.

General provisions.

For the purpose of this section, a "sign" shall be defined as any device designed to inform or attract the attention of persons not on the premises on which the sign is located.

No person, firm or corporation shall hereafter erect, reerect, construct or structurally alter a sign or sign structure without first obtaining a permit issued by the Code Enforcement Officer.

Every application for a sign permit shall be accompanied by plans to scale showing the area of the sign; the position of the sign in relation to nearby buildings or structures; the location of the building, structure or lot to which or upon which the sign is to be attached or erected; the method of illumination, if any; and statements indicating compliance with appropriate construction standards.

No permanent sign, other than an official traffic sign, shall be erected within the right-of-way of any public street or highway.

The maximum sign area requirements as set forth in this section shall apply to a single side of a sign. On a two-sided sign, only one side shall be counted in computing the sign's area. A sign may not have more than two sides.

The provisions of this section relating to signs shall apply in all zoning districts.

Signs shall be considered to be accessory to the principal use of the premises and shall pertain only to activities or products available on the premises.

No sign shall be permitted which causes a traffic, health or safety hazard or creates a nuisance due to its placement, display or manner of construction. No sign shall be located so as to obstruct views of traffic.

(9)

Nonconforming signs which existed prior to the adoption of this section may not be relocated or altered except in conformance with this section. Any change in the content of a nonconforming sign, including names, words, logos or similar information, shall constitute an alteration requiring conformance with this section.

(10)

A temporary sign stating that a business is open or closed shall be permitted and shall not be deducted from the total square footage of signage allowed, as follows:

Single-sided, nonilluminated signs of one square foot; or

Flags or banners of six square feet per side.

(11)

The following types of signs shall be allowed in all districts and shall not be subject to permitting by the Town of Greenfield:

[Amended 7-12-2007 by L.L. No. 2-2007]

Temporary signs.

Private owner merchandise sale signs for garage sales and auctions located on the premises, not exceeding four square feet, for a period not exceeding seven days in any one month.

Temporary nonilluminated "For Sale," "For Rent" or "For Lease" real estate signs and signs of a similar nature, concerning the premises upon which the sign is located; in a residential zoning district, one sign not exceeding four square feet per side; in a commercially zoned district, one sign not exceeding 50 square feet total, set back at least 15 feet from all property lines. All such signs shall be removed within three days after the sale, lease or rental of the premises.

Temporary nonilluminated window signs and posters not exceeding 25% of the window surface.

Christmas holiday decorations, including lighting and displays.

Directional signs for meetings, conventions and other assemblies, not including sales events such as flea markets or garage sales.

One sign, not exceeding six square feet in a residential district nor 16 square feet in a commercial district, listing the architect, engineer, contractor and/or owner on the premises where construction, renovation or repair is in progress.

Political posters, banners, promotional devices and similar signs, not exceeding four square feet in residential districts nor 16 square feet in a commercial district, provided that placement shall not exceed 30 days prior to the election, be it general or primary, to which they pertain, through five days following the election.

[8]

Signs displayed for the "Town Wide Garage Sale" are not limited in size and shall not be displayed more than 60 days prior to the event.

[Added 9-8-2011 by L.L. No. 1-2011]

Permanent signs:

Historical markers, tablets and statues, memorial signs and plaques; names of buildings and dates of erection when cut into any masonry surface or when constructed of bronze, stainless steel or similar material; and emblems installed by governmental agencies or religious or nonprofit organizations, not exceeding six square feet.

Flags and insignia of any government, except when displayed in connection with commercial promotion.

On-premises directional signs for the convenience of the general public, identifying public parking areas, fire zones, entrances and exits, subject to site plan review.

Nonilluminated "Warning," "Private Drive," "Posted" or "No Trespassing" signs, not exceeding two square feet.

Numbers and nameplates, identifying residences or businesses, mounted on the house, building, apartment or mailbox, not exceeding one square foot in area.

Lawn signs identifying residences, not exceeding one square foot or two square feet, if double-faced. Such signs are to be nonilluminated, except by a light which is an integral part of a lamppost, if used as a support, with no advertising message thereon.

Occupational signs announcing the names and addresses of occupants of the premises and attached to said premises and including professional nameplates and signs announcing permitted home occupations. Occupational signs shall not exceed three square feet in area, and the highest part of any occupational sign shall not be in excess of six feet from ground level. No more than one sign shall be permitted to advertise any single permitted use.

(12)

It shall be unlawful to erect or maintain the following types of signs at any location in the Town unless otherwise noted herein:

Any sign which is not expressly permitted under the provisions of this chapter.

Any flashing sign.

Any animated sign.

Neon lights, for an exterior sign and/or a building decoration, shall be prohibited.

Internally lit signs are prohibited. Externally illuminated signs are permitted, subject to the restrictions of this article.

(13)

Freestanding signs. If freestanding signs are used to identify two or more uses in a single structure, one freestanding sign shall be required, rather than individual freestanding signs for each use. The total square footage of this single sign shall not exceed the allowable sign area per use or 100 square feet, whichever is less. This total shall include the name of the structure in which the uses are located.

Sign permits required. In addition to those signs expressly permitted under § 105-123B(11), the following regulations shall govern the erection, alteration or relocation of signs within the Town. No sign listed below shall be erected, altered or relocated until a sign permit is obtained from the official duly designated by the Town Board (the "official") to administer and enforce the provisions of this section.

In the LDR, MDR1, MDR2 and PR Districts, signs which advertise or draw attention to permitted residential developments or farm or forestry operations and signs publicizing home occupations with an area greater than three feet. No sign shall exceed six square feet in area. All signs shall be placed or sited on the lot or property to which the sign applies. Any sign attached to a building shall be flush to the building and not extend out from the building more than one foot in any direction. Any freestanding sign shall not stand any higher than six feet from the ground to the highest point on the sign. No more than one sign shall be permitted to advertise any single use.

In the IM District, one business sign, which shall be flush to and connected with the building and shall not exceed 20 square feet in size, and one freestanding sign identifying the industrial area, not exceeding 30 square feet in size. Any freestanding sign shall not stand any higher than 10 feet from the ground to the highest point on the sign.

In the TC and OR Districts, one sign that identifies the permitted business or office use. Such sign shall be flush to and connected with the building and shall not exceed 10 square feet in size. One freestanding sign shall be permitted for each principal business or office use, and such sign may be used to identify any or all business uses in such structure. A freestanding business sign shall not exceed 10 square feet in size. Any freestanding sign shall not stand any higher than six feet from the ground to the highest point on the sign. One awning adhered to the building and advertising the principal use of the building shall also be allowed.

Permit process. The applicant shall be required to submit to the official a completed sign permit application and a sketch to scale of the proposed sign, which indicates the graphic design, visual message, text and content of the sign, prior to erection, alteration or relocation. The official shall issue a sign permit to the applicant upon satisfaction that the sign shall comply with the standards dictated here and upon receipt of any sign permit fee as may be levied by the Town Board.

Duration of permits. A sign permit shall be valid indefinitely, notwithstanding the requirements of this article pertaining to alteration or relocation of signs.

§ 105-124 In-law and garage apartments.

[Amended 11-12-2009 by L.L. No. 2-2009]

In-law and garage apartments shall be permitted as specified in the Schedule of Uses, Article III, Attachment 4, Table 1, and Use Regulations.[1] An in-law apartment meeting the following standards shall be considered to be part of a single-family dwelling and shall not be considered to be a dwelling unit. A garage apartment meeting the following standards shall be considered to be a single-family dwelling and shall conform to the space and area regulations as specified in Area Regulations, Article III, Attachment 5, and Table 2.[2]

An in-law apartment shall be accessory to the single-family dwelling, and only one in-law apartment shall be created in a single-family dwelling.

An in-law apartment shall be contained inside an existing single-family dwelling.

The total floor area of an in-law or garage apartment shall be a maximum of 1,000 square feet and shall be no more than 40% of the gross floor area of the principal building.

The creation of the in-law or garage apartment shall not alter the single-family character of the property. The following standards shall be met in creating the unit:

The in-law apartment shall not be clearly identifiable from the exterior as a result of the design of the structure.

The in-law apartment shall not have a separate front entrance from the outside.

Provisions for parking, service areas and storage shall not exceed the levels found in adjacent single-family residences.

Adequate water and sewage disposal systems shall be required.

In-law apartment: Existing septic systems shall be verified by a New York State Licensed PE as to system capacity and condition.

A garage apartment shall have a separate septic system from that of the single-family dwelling and comply with Appendix A310.3.[3]

Editor's Note: Appendix A A310.3, Plot Plan Requirements, is included at the end of Ch. 54, Fire Prevention and Building Construction.

All construction shall meet the requirements of the New York State Building Codes.

In-law apartment; garage apartment. There shall be only one in-law apartment or garage apartment per lot.

Editor's Note: See § 105-14, District Regulations.

Editor's Note: See § 105-14, District Regulations.

§ 105-125 Campgrounds.

The following standards shall apply to the establishment or expansion of any campground, defined here as any plot of ground upon which two or more sites are located for occupancy by tents, campers or trailers for recreational, educational or vacation purposes:

The plans for the construction or expansion of any facility shall be reviewed and approved by the Planning Board under the special use permit provisions of Article VI prior to the start of construction and the occupancy of any site.

The total minimum area of a campground or travel trailer camp shall be no less than 10 acres.

Within a campground, there shall be a minimum area of 3,500 square feet and a minimum width of 70 feet, exclusive of roadways, common facilities and open space. In no case shall the overall density of the campground be greater than one site per 5,000 square feet, inclusive of roadways, common facilities and open space.

All recreational vehicles, tents or shelters and utility and service buildings shall be set back a minimum of 100 feet from all property and street lines and set back a minimum of 75 feet from the normal high-water mark of any water body or stream.

A properly landscaped buffer area at least 50 feet in width shall be maintained along all property and street lines.

Sanitary and recreational facilities shall be located to conveniently and safely service the occupants of the facility.

The design of roads and walkways within the site must accommodate pedestrian traffic and provide pedestrian safety.

Walkways shall be designed, where possible, to avoid crossing roads to reach service buildings or recreation areas. Walkways in the campground shall be indicated on the plan and shall be surfaced with an all-weather, dustless material.

Roads within campgrounds shall be at least 14 feet wide for one-way roads and 20 feet wide for two-way roads. All roads shall be maintained in a well-graded, well-drained condition and surfaced with an all-weather, dustless material.

All entrance and exit roads shall intersect public roads at an angle between 80° and 90° and at a grade not to exceed 3% for the first 75 feet of the campground road.

All campgrounds shall provide the following facilities:

Two toilets, one toilet for each sex, per 10 sites shall be provided. Toilet facilities shall be located within 700 feet of each site. Urinals shall be provided. Up to 1/2 of the male toilets may be urinals. Regardless of the number of sites in the campground, a minimum of four toilets, two toilets for each sex, shall be provided.

Where water and sewage hookups are not provided, two lavatories or other hand-washing facilities shall be provided, one for each sex, per 15 sites.

Where individual water hookups and sewage disposal facilities are provided, the ratio shall be two toilets and lavatories, one per sex, for every 40 sites, located within 2,000 feet of each site. Where service buildings are not provided, privies and hand-washing facilities shall be provided at a ratio of two, one per sex, for every 40 sites, located within 500 feet of each site.

Showers, serving hot and cold or tempered water, shall be provided at all campgrounds of 75 sites or more, and four showers, two per sex, shall be provided for every 50 sites.

Utility sinks shall be provided. The sink should be located near the door if within a building where it can be utilized for disposal of dishwater brought in buckets.

An adequate supply of water shall be provided within 250 feet of all campsites. One water spigot with soakage pit or other disposal facilities shall be provided for each 10 campsites without water facilities.

All sewage treatment facilities and water systems shall meet all requirements of the New York State Department of Health and all other local and state requirements.

Circulation.

Pedestrian safety. The design of roads and walkways within the campground must indicate pedestrian traffic.

§ 105-126 Open space.

Ownership.

Open space land created under this chapter or the Town Subdivision Regulations[1] shall be owned in common by a homeowners' association, dedicated to the Town, county or state, transferred to a nonprofit agency acceptable to the Planning Board, held in private ownership or held in such other form of ownership as the Planning Board determines acceptable to carry out the intent of this chapter, the Town Comprehensive Land Use Plan and the Subdivision Regulations.

Editor's Note: See Ch. 90, Subdivision of Land.

In general, open lands which are environmentally sensitive and not suitable for development or are suitable for extensive public use, should be conveyed to the Town or a nonprofit corporation suitable to manage environmentally sensitive lands or public park facilities. Land which shall be principally used by the residents of the development should be conveyed to a homeowners' association. The Planning Board shall recommend to the Town Board whether the Town should accept open lands proposed for dedication.

If any land is to be held in common by a homeowners' association, the declaration and bylaws of the proposed homeowners' association shall be submitted by the applicant to the Planning Board prior to final plat approval. The declaration and bylaws shall be reviewed by the Town Attorney to ensure that the homeowners' association is established:

In accordance with all applicable provisions of state and federal law.

With provision that membership is mandatory for each lot owner, who must be required by covenants and restrictions to pay fees for taxes, insurance and maintenance of common property and failure to pay such membership fee shall result in a lien on the member's property.

Maintenance. Minimum ongoing maintenance standards shall be established within property deed covenants and be enforceable by the Town against an owner of open space land as a condition of final plat approval. Minimum maintenance standards shall be established by the applicant and approved by the Planning Board prior to final plat approval to assure that the open space does not detract from the positive character of the neighborhood.

Enforcement.

The Town Board may, upon finding that open space set aside is being maintained in such a manner as to constitute a public nuisance, upon 30 days' written notice to the owner, enter the premise for the purpose of performing the necessary maintenance, the cost of which shall be assessed against the owner or, in the case of a homeowners' association, the owners of the properties within the association and shall, if unpaid, become a tax lien on said property title.

In the event that land is to remain open permanently in accordance with this chapter or the Town Subdivision Regulations,[2] further subdivision of common land shall be prohibited. A perpetual conservation easement and/or other rights to property, including fee simple interest, which have the minimum effect of restricting development of the open space land and allowing use as prescribed in this chapter, shall be granted to the Town, a qualified not-for-profit conservation organization or a homeowners' association, as may be acceptable to the Planning Board. Such conservation easement or other rights shall be reviewed and approved by the Town Attorney and required as a condition of final plat approval. Said conservation easement shall not be amendable to permit commercial, industrial or residential development and shall be recorded in the County Clerk's office prior to signing an approved final plat.

Editor's Note: See Ch. 90, Subdivision of Land.

The existence of lands to remain open permanently in accordance with this chapter or the Town Subdivision Regulations shall be clearly included on the final subdivision plat, with the shape, use, ownership, management, method of preservation and the rights to such land, if any, of the property owners of the subdivision and the general public indicated. The final plat shall clearly identify that the open space is permanently reserved for open space purposes and shall not be platted for building lots. The final plat shall indicate the book and page number of any conservation easements or deed restrictions required to be filed to implement such reservation under the open space regulations contained in this chapter.

Use. Land designated for open space shall be restricted to noncommercial, nonintensive recreation and passive or active recreational purposes, including but not limited to preserve areas, golf courses, riding trails, tennis courts, gardens, swimming pools, accessory structures, wells and septic facilities. Exception may be granted for underground utility easements. The Planning Board may permit open land owned by a homeowners' association to be used for individual septic systems or for communal septic systems, in accordance with the requirements set forth under Town legislation.

§ 105-127 Contractor storage yard standards.

A contractor storage yard may only be permitted in connection with a principal permitted use, except in the IM Zone.

[Amended 7-12-2007 by L.L. No. 2-2007]

Vehicles stored at a contractor storage yard should be parked in the rear of the property or have a Type B buffer as defined in § 105-121.

Storage of building materials, supplies, parts, etc., must be indoors unless approved by special use permit.

No more than eight vehicles propelled by their own power (i.e., not including trailers) with a gross vehicle weight of 26,000 pounds or more may be stored at a large contractor storage yard.

No more than two vehicles propelled by their own power (i.e., not including trailers) with a gross vehicle weight of 26,000 pounds or more may be stored at a small contractor storage yard.

§ 105-128 Home occupations.

Purpose. It is the purpose of this section to regulate the operation of home occupations to ensure that the home occupation remains secondary or incidental to the residential use. The right of the nearby property owners to be free of nuisances caused by certain home occupations is recognized. Only those uses will be allowed which:

Ensure compatibility of home occupations with other uses permitted in residential districts.

Maintain and preserve the character of residential neighborhoods and are incidental to the use of the premises as a residence.

Classification of home occupations.

Type I home occupations will have no impact on the surrounding neighborhood and are characterized by the following criteria:

The business has not more than one full-time equivalent employee on premises who does not reside in the home. The business may have additional employees who do not work on premises.

The business has no customer traffic.

There are no deliveries to or from the home occupation other than routine mail and incidental package delivery.

No equipment is used other than normally used in household, domestic, or general office use.

There is no visible exterior evidence of the occupation.

Type II home occupations have the potential to have a greater impact on the surrounding neighborhood than Type I home occupations and are characterized by the following criteria:

The business may have up to three full-time equivalent employees. The business may have additional employees who do not work on premises.

The business may have customer traffic.

There may be deliveries to or from the home occupation in addition to routine mail and incidental package delivery.

Equipment, other than normally used in household, domestic, or general office use, may be used.

There may be visible exterior evidence of the occupation such as signs, materials or equipment storage.

Standards. All home occupations shall meet the following criteria:

Floor area. The home occupation shall not occupy more than 25% of the gross floor area of any single family structure.

Number of occupations per dwelling. No more than one home occupation shall be permitted within any single dwelling unit.

Limitations on nonresidents. The individual primarily responsible for the home occupation shall reside in the dwelling unit.

Employees. Only one employee, in addition to the immediate family permanently residing on the premises, shall be employed in a Type I home occupation. A Type 2 home occupation may have up to three employees.

Hours of operation. The hours of operation shall be as determined by the Planning Board during the special use permit process.

Storage. There shall be no storage of equipment, vehicles or supplies associated with the Type I home occupation outside the dwelling or any accessory building.

Signage. Type I home occupations may not have a sign. A Type 2 home occupation may have a sign in compliance with Article XI of this Code.[1]

Editor's Note: See Art. XI, Supplementary Regulations, § 105-123, Signs, in this chapter.

Procedures: special use permit. Every Type II home occupation shall be required to obtain a special use permit in accordance with the procedures outlined in Article VI. The special use permit granted to a home occupation shall not be transferable from person to person or from address to address.

Enforcement: voiding of permit. The Code Enforcement Officer may void any special use permit for noncompliance with the criteria set forth in the local law or for providing false statements in the special use permit application. Revocation may take place at any time prior to the expiration date of the permit. If the permit is revoked or is not renewed, it becomes null and void, and the home occupation use shall be terminated. If a permit has been revoked, the owner of the home occupation business shall not apply for another special use permit for a period of one year from the date of the revocation.

Inspections. The Code Enforcement Officer shall have the right at any time, upon reasonable request, to enter and inspect the premises of the home occupation for safety and compliance purposes.

§ 105-129 Planned unit development.

Purpose.

Provision is made here for Planned Unit Development Districts to permit establishment of areas in which one use or diverse uses may be created together, containing both individual building sites and common properties, in a compatible and unified development. In adopting this section, the Town Board declares its intent to encourage innovations in development and the most efficient use of land by enabling greater flexibility in siting, design and type of structures permitted under certain circumstances in the Town.

In order to carry out the intent of this section, a planned unit development shall strive to achieve the following objectives:

More usable open space, preserve lands and/or recreational areas shall be created.

Trees, topography, water resources and outstanding natural features shall be preserved where possible.

Land shall be used efficiently so that an economical network of utilities and streets shall be provided.

General requirements.

Area minimum. The minimum area of a parcel to be considered for a Planned Unit Development District shall not be less than 15 acres.

Permitted uses. Uses within an area designated as a Planned Unit Development District are to be determined by the provisions of this section, as well as any conditions that may be imposed as part of the approval of any actual planned unit development project. Any type of use is permitted within a planned unit development subject to the approval process specified herein.

Location of a planned unit development. The planned unit development may be applicable to any area of the Town, where the applicant can demonstrate that the characteristics of the proposed development of the site shall meet the objectives of this section.

Density. Because land is used more efficiently in a planned unit development, improved environmental quality can usually be produced with greater density than is usually permitted in traditional zoning districts. The Town Board shall determine in each case the appropriate land use intensity and/or dwelling unit density for individual projects. The determination of land use intensity or dwelling unit density shall be thoroughly documented by studies and professional opinions, including those necessary to ensure safe and sanitary installation of water, septic, transportation and utility systems. Where a question arises, the burden of proof shall be on the applicant, who shall commission studies and reports as necessary for the Town Board and Planning Board to determine land use intensity and/or dwelling unit density.

Ownership. The tract of land under application for consideration for a planned unit development may be owned, leased or controlled either by a single person or corporation or by a group of individuals or corporations. An application must be filed by the owner or jointly by the owners or their agent of all property included in the project. In the case of multiple ownership, the approved plan shall be binding upon all the property owners, and such owners shall provide written certification of such binding agreements.

Procedure.

Prior to making any formal submission, it is advised that the applicant arrange to meet with the Planning Board for a preapplication conference, in order that the nature of the proposal and application procedure can be discussed.

The applicant shall submit an application and 10 copies of a preliminary development plan to the Town Board. A preliminary development plan shall consist of the following:

A narrative description of the project setting forth its purpose, desirability and impact on the area in which the project is proposed, as well as its projected affect on the Town in general, paying particular attention to schools, traffic, population, utilities, aesthetics, recreation, taxes and compatibility with neighborhood character.

A survey of the property, showing existing site features, including contours, buildings, structures, streets, utility easements, rights-of-way and land uses within 500 feet.

A preliminary site plan, as described in § 105-52A(3) of this chapter.

Information on the intended construction sequence for buildings, parking areas and landscaping.

A public utilities plan documenting the proposed location, size and quantity of water, effluent and storm drainage facilities.

Additional studies and reports as may be necessary for the Planning Board to determine appropriate intensity of land use and development density.

State environmental quality review documents as required by the Planning Board.

Referral of the application to the Greenfield Environmental Commission. The Town Board shall refer the application and accompanying documents to the Greenfield Environmental Commission for its review and recommendation.

Referral of the application to the Town of Greenfield Planning Board. The Town Board shall refer the application and accompanying documents to the Planning Board for its review and recommendation.

The Planning Board shall discuss the application and shall review the preliminary development plan with the applicant with the assistance of the Town Engineer to determine the application's completeness. Upon receipt of all documentation constituting a complete application, the Planning Board shall prepare a recommendation in regard to the preliminary development plan and the proposed change of zone.

Within 35 days of receipt of a complete application for a change in zone, upon completion of its review, the Planning Board shall transmit, in writing, to the Town Board its recommendation for approval, approval with conditions or modifications or disapproval of the application based on the following standards:

The recommendation shall be accompanied by a report on the application, which shall include a discussion of the proposal's compliance with the following:

That the proposal conforms to the Town's comprehensive planning objectives.

That the proposal meets the intent and objectives of a planned unit development as expressed in § 105-129A.

That the proposal complies with the general requirements listed in § 106-129B.

That the uses proposed shall not be detrimental to the natural characteristics of the site or adjacent land uses.

That each phase of the development, as it is proposed to be completed, contains the required parking facilities, landscaping and utilities necessary to create and sustain each phase individually.

That the proposal is conceptually sound in that it meets local and areawide needs and that the proposed roadways, pedestrian system, land use configuration, open space system, drainage system and scale of elements shall function singly and cumulatively and conform to accepted design principals.

That there are adequate service and utilities available or proposed to accommodate the development.

[8]

That the traffic generated by the proposal shall not have an adverse impact on the existing transportation network.

In addition, the report shall include a determination of compliance of the proposal with Chapter 49, Environmental Quality Review, of the Code of the Town of Greenfield, New York.

The Planning Board shall send a copy of its recommendation to the applicant. Failure of the Planning Board to act within 35 days of receipt of a complete application shall constitute a recommendation by the Planning Board for approval.

Action by the Town Board.

Within 35 days of receipt of the Planning Board's recommendation, public notice shall be given and a public hearing held by the Town Board on the proposed change of zone. At least 10 days prior to the date of public hearing, the Town Board shall provide written notice of any proposed amendment in accordance with § 265 of New York State Town Law.

The Town Board shall render a decision on the application within 45 days of the public hearing, unless an extension of time is agreed to by the applicant and Town Board. If the change of zone is approved by the Town Board, the Official Town Zoning Map shall be amended so as to define the boundaries of the Planned Unit Development District, and such amendment shall be advertised and recorded in accordance with the requirements of § 265 of New York State Town Law. An appropriate notation indicating approval shall be made on the face of 11 copies of the preliminary development plan. One copy shall be retained by the Town Clerk, one shall be given to the official, one shall be returned to the applicant and eight copies shall be retained by the Planning Board.

The Town Board may, if it believes it necessary in order to fully protect the health, safety and general welfare of the community, attach to its zoning resolution approving the zoning change additional conditions or requirements the applicant must meet. Such requirements may include but are not limited to:

Visual and acoustical screening.

Land use mix.

Schedule of construction of occupancy.

Pedestrian and vehicular circulation system.

Parking and snow removal.

Site for public services.

Protection of natural and/or historical features.

The Town Board shall also make a determination on the density and intensity of land use in accordance with § 105-129B(4).

Final development plan approval.

Prior to the issuance of a building permit, the applicant shall submit a final development plan for review and approval by the Planning Board. All plans and specifications shall bear the signature and the seal of a licensed architect, landscape architect or licensed professional engineer responsible for the design and drawings. The following shall constitute a final development plan:

A site plan as described under § 105-52 of this chapter.

A landscaping plan, including site grading, the placement of plantings and structures.

Preliminary drawings of the buildings to be constructed in the current phase, including floor plans, exterior elevations and sections.

Final engineering plans, including street improvements, drainage systems and public utility extensions. Where applicable, all improvements shall comply with the Town of Greenfield Subdivision Regulations.[1]

Editor's Note: See Ch. 90, Subdivision of Land.

Engineering feasibility studies for the solution of any anticipated problems which might arise due to the proposed development, as required by the Planning Board.

Performance bond estimate for street drainage, utility, traffic and pedestrian facilities and landscaping.

Offers of cession and proposed restrictive covenants on open space.

Construction sequence and time schedule for completion of the components of each development phase.

Complete documentation of intended ownership and maintenance of open space and common facilities.

(j)

Sworn statement by the applicant that the performance standards of this chapter shall not be violated.

The final development plan shall be in general conformance with the approved preliminary development plan. Approval of a final development plan shall be secured by the owner for each phase of the development prior to issuance of building permits. Such approval for each phase shall be valid for two years from the date of approval, at which time final development plan approval shall terminate, and no additional building permits shall be issued without reapplication for final development plan approval.

§ 105-130 Commercial timber harvesting.

Notification requirement. Except for approved construction and landscaping projects, written notification shall be made to the Code Enforcement Officer of the Town of Greenfield prior to the commencement of timber harvesting operations. The notification shall include those items in Appendix B.[1] Timber harvesting shall be conducted in accordance with New York State Department of Environmental Conservation timber harvesting guidelines.

Editor's Note: Appendix B is included at the end of this chapter.

§ 105-131 Expansion of existing mobile home parks within existing property boundaries.

The following standards shall apply to the creation of mobile home lots in mobile home parks, the installation of mobile homes on those lots and the expansion or alteration of existing mobile home parks within existing property boundaries:

General information.

The plans for the construction or expansion of any facility within existing property boundaries shall be reviewed and approved by the Planning Board under the special use permit provisions of Article VI prior to the start of construction and the occupancy of any site.

Nonconforming mobile home parks. All mobile home parks built prior to the enactment of this chapter which do not meet the standards of this chapter shall be called "nonconforming mobile home parks." All changes and additions to such parks shall be made in accordance with this chapter and reviewed and approved by the Planning Board.

Exceptions. None of the provisions of this section shall be applicable to the following:

The business of mobile home or travel trailer sales; provided, however, that where such mobile homes or travel trailers are used as living quarters, they shall comply with the provisions of this section.

A mobile home, located on the site of a construction project, survey project or other similar work project, which is used solely as a field office or work- or toolhouse in connection with such project, provided that such mobile home is removed from such site within 30 days after the completion of such project.

No expansion of an existing mobile home park beyond its existing property boundaries is authorized by this section, and any such expansion would require a use variance from the Zoning Board of Appeals if such expansion is not proposed in an area in which mobile home parks are allowed as a new use.

Required findings by Planning Board for issuance of special use permit.

The Planning Board, in acting on a special permit application for the expansion of a mobile home park, may approve, approve with modifications or disapprove the special permit application. The Planning Board shall enter its reasons for such action in its records and transmit its findings to the applicant.

The Planning Board may approve the expansion of a mobile home park, provided that it finds that the facts submitted meet the criteria presented in Article VI and establish that:

The uses proposed will not be detrimental to present and potential surrounding uses but will have a beneficial effect which could not be achieved under any other districts.

Land surrounding the proposed development can be developed in coordination with the proposed development and be compatible in use.

The proposed change to a mobile home park is in conformance with the general intent of the Town Comprehensive Land Use Plan.

Existing and proposed streets are suitable and adequate to carry anticipated traffic within the proposed expansion and in the vicinity of the proposed expansion.

Existing and proposed utility services are adequate for the proposed development.

Each phase of the proposed development, as it is proposed to be completed, contains the required parking spaces, landscaping and utility areas necessary for creating and sustaining a desirable and stable environment.

Mobile home park requirements.

Density. The overall density within a planned mobile home park shall not be less than 10,500 square feet per dwelling unit with a minimum width of 100 feet.

Site.

The park shall be located in areas where grade and soil conditions are suitable for use as a mobile home site.

The park shall be located on a well-drained site which is properly graded to ensure rapid drainage and be free at all times from stagnant pools of water.

The park shall be at least 10 acres in size, with at least 300 feet of frontage on a public road.

The only signs or displays permitted include one sign at each entrance of the park from a public road indicating the name of the mobile home park. Such signs shall not exceed six square feet in area.

Permanent structures must be set back a minimum of 25 feet from any property line and 50 feet from the highway right-of-way or as the prevailing zoning of the site requires, which ever is greater.

There shall be a Type C buffer as defined in § 105-121E between a mobile home park and each adjoining property.

Mobile home lots. Each mobile home park plan shall be marked off by permanent post pins, monuments or other points of reference into mobile home lots. Each mobile home lot shall be at least 10,500 square feet.

Mobile homes.

All mobile homes placed in mobile home parks after this chapter is enacted shall be constructed and installed in compliance with Article 18 of the New York State Executive Law.

No mobile home or attachment shall be parked or otherwise located nearer than a distance of:

At least 15 feet to an adjacent mobile home lot line.

At least 25 feet to the park property line or as prevailing zoning of the site requires, whichever is greater.

At least 50 feet to the right-of-way line of a public street or highway or as prevailing zoning of the site requires, whichever is greater. In cases where the park is adequately screened by topography or natural vegetation, this requirement may be waived to 40 feet by the Planning Board.

At least 20 feet to the nearest edge of any roadway located within the park.

Only one mobile home shall be permitted to occupy any one mobile home lot.

Each mobile home must be provided with perimeter skirting to hide all wheels, chassis and other appurtenances under the home, to be installed in less than 90 days after the mobile home is placed on its stand.

Mobile home stands.

Each mobile home lot shall have a mobile home stand, which shall be of dimensions to provide for the practical placement on and removal from the lot of both the mobile home and its appurtenant structures and the retention of the home on the lot in a stable condition.

The stand shall be suitably graded to permit rapid surface drainage.

Accessibility.

Each mobile home park shall be directly accessible from an existing public highway or street. No dead-end streets or culs-de-sac shall be permitted in any mobile home park.

Entrances and exits shall be designed and strategically located, at a minimum distance of 100 feet between them, for the safe and convenient movement into and out of the park and to minimize friction with the free movement of traffic on a public highway or street.

All entrances and exits shall be at a right angle to the existing public highway or street.

All entrances and exits shall be free of all objects which would impede the visibility of the driver entering or exiting a public highway or street for a distance of 20 feet from the edge of pavement of the public highway and park road.

All entrances and exits shall be of sufficient width to facilitate the turning movements of vehicles with mobile homes attached.

Streets and drives. Each park shall have improved streets to provide for the convenient access to all mobile home lots and other important facilities within the park. Streets shall be improved to at least meet the following specifications. (These are not Town highway specifications.)

The street system shall be designed to permit the safe and convenient vehicular circulation within the park.

Streets shall be adapted to the topography and shall have suitable alignment and gradient for traffic safety.

All streets shall intersect at angles of not less than 80°.

All streets shall be surfaced with a bituminous material.

All streets shall have a minimum paved width of 18 feet and contain two four-foot shoulders.

An all-weather, dustless driveway shall be provided for each mobile home lot. This driveway shall have a minimum width of 10 feet.

Parking.

Two off-street parking spaces shall be provided on each mobile home lot. This requirement may be satisfied by driveway parking areas, subject to approval by the Planning Board. The parking space shall be surfaced with an all-weather, dustless material. Each parking space shall have a minimum size as established in § 106-121.

There shall be one additional parking space for every two mobile home lots within the park. Each such space shall be provided at a strategic and convenient location, in bays which shall provide for adequate maneuvering space.

(9)

Utilities and service facilities. The following utilities and service facilities shall be provided in each mobile home park, which facilities shall bear the stamp of approval of the New York State Department of Health:

Sufficient water connections for an adequate supply of potable water for drinking and other domestic purposes shall be supplied by pipes to all mobile home lots and buildings within the park to meet the requirements of the park.

Each mobile home lot shall be provided with a sewer, which shall be connected to the mobile home situated on the lot, to receive the waste from the shower, tub, flush toilets, lavatory and kitchen sink in such home. The sewer shall be connected to a community sewer system approved by the New York State Department of Health so as not to present a health hazard. Sewer connections in unoccupied lots shall be so sealed as to prevent the emission of any odors and the creation of breeding places for insects.

A storm drainage system desired to convey all stormwater into natural watercourses and to maintain the park area free from standing pools of water shall be provided.

Service buildings shall be provided as deemed necessary for the normal operation of the park. Such buildings shall be maintained by the owner or manager of the park in a clean, sightly and sanitary condition.

Each mobile home lot shall be provided with weatherproof electric service connections and outlets which are of a type approved by an electrical inspection agency.

Mailboxes shall be clustered attractively and located near the main entrance road.

(10)

Common open space and landscaping.

Open space shall be provided at a rate of 600 square feet per mobile home lot. Such open space shall be conveniently located and used to provide common open space for the use of park occupants.

Lawn and ground cover shall be provided and maintained on all those areas not used for the placement of the mobile home, mobile home stand, accessory buildings, walkways, roads or parking area.

Mobile home parks and individual mobile home lots shall be appropriately and attractively landscaped.

§ 105-132 Installation of manufactured homes on individual lots.

[Amended 7-12-2007 by L.L. No. 2-2007; 9-8-2011 by L.L. No. 1-2011]

No manufactured home shall be parked or allowed to remain stationary upon or within the shoulder of any street, highway or other public place, except in the event of a mechanical emergency, for a period of more than 72 hours.

Installation of manufactured homes on individual unimproved residential lots shall conform to the following standards:

A manufactured home placed on an individual unimproved lot in the Town shall be constructed and installed in compliance with the safety standards adopted pursuant to the Housing and Community Development Act of 1974 (the National Mobile Home Construction Act of 1974), as amended, and all other applicable federal and state regulations.

A manufactured home shall be placed on an individual unimproved lot in conformance with the space and bulk requirements of the district in which it is located.

A manufactured home placed on an individual unimproved lot shall have an adequate supply of pure water and a sewage disposal system. Both systems shall satisfy the requirements of the New York State Department of Health and shall be approved by a professional engineer for compliance with said standards.

All manufactured housing shall comply with the Residential Code of New York State, Appendix E, and Title 19, NYCRR Chapter XXXII, Part 1210.

A manufactured home placed on an individual unimproved lot shall not be more than 10 years old.

Installation of replacement manufactured homes on individual residential lots shall conform to the following standards:

A replacement manufactured home placed on an individual lot in the Town shall be constructed and installed in compliance with the safety standards adopted pursuant to the Housing and Community Development Act of 1974 (the National Mobile Home Construction Act of 1974), as amended, and all other applicable federal and state regulations.

Size of replacement home.

A replacement manufactured home of the same dimensions or smaller than the existing manufactured home may be placed in the same location.

A replacement manufactured home larger than the existing manufactured home must comply with 50% of the space and bulk requirements of the district in which it is located.

A replacement manufactured home placed on an individual lot shall have an adequate supply of pure water and a sewage disposal system. Both systems shall satisfy the requirements of the New York State Department of Health and shall be verified by a professional engineer for compliance with said standards.

All manufactured housing shall comply with the Residential Code of New York State, Appendix E, and Title 19, NYCRR, Chapter XXXII, Part 1210.

A replacement manufactured home placed on an individual unimproved lot shall not be more than 10 years old.

Foundation standards.

The foundation of any manufactured home shall be constructed in accordance with the Residential Code of New York State, Appendix E, Section AE502.

Closure. The manufactured home foundation shall be enclosed by a skirt securely fastened and extending from the outside wall of the mobile home to ground level around the entire perimeter of the mobile home. The skirt shall be constructed of sturdy wood, plastic, masonry or metal material capable of withstanding extreme weather conditions over extended periods of time. No skirt shall be required where a perimeter foundation fully encloses the area between the unit and the ground level.

Storage space. Each manufactured home shall have at least 48 cubic feet of accessory storage space either in the basement below the mobile home or in an accessory building.

§ 105-133 Wind energy facilities.

[Added 11-12-2009 by L.L. No. 2-2009]

Purpose. The purpose of the section is to guide the construction and operation of wind energy facilities, small wind energy facilities, wind measurement towers, and non-grid-only wind energy facilities in the Town of Greenfield, Saratoga County, subject to reasonable conditions that will protect the public health, safety and welfare.

Applicability. The requirements of this section shall apply to all wind energy facilities, small wind energy facilities, wind measurement towers, and non-grid-only wind energy facilities proposed, operated, modified, or constructed within the municipal boundaries of the Town of Greenfield, Saratoga County. Wind energy facilities, small wind energy facilities, and wind measurement towers shall be allowed throughout all areas of the Town, subject to the requirements of this section.

Permits. A special permit application is to be filed with the Planning Board at least two weeks (14 days) prior to the Planning Board meeting in accordance with § 105-52. Exemption: The Town's Building Department shall have the sole discretion to review, consider and issue a non-grid-only wind energy facility permit.

Application requirements: small wind energy facility permit. A complete application for a wind energy facility permit, small wind energy facility permit, or wind measurement tower permit shall include:

A special permit application is to be filed with the Planning Board at least two weeks (14 days) prior to the Planning Board meeting in accordance with § 105-52. Exemption: The Town's Building Department shall have the sole discretion to review, consider and issue a non-grid-only wind energy facility permit.

A site plan prepared by a licensed professional engineer, including:

Property lines and physical dimensions, including a topographic map of the site; location, approximate dimensions and types of existing structures and uses on the site;

Public roads and adjoining properties within 300 feet of the boundaries of any proposed wind turbines;

Location of each proposed wind turbine, wind measurement tower and accessory facilities or equipment;

Location of all aboveground and below-ground utility lines on the site as well as transformers, the interconnection point with transmission lines, and other ancillary facilities or structures, including, without limitation, accessory facilities or equipment;

Locations of setback distances as required by this section;

All other proposed facilities, including, without limitation, access roads, electrical substations, storage or maintenance units, and fencing;

All site plan application materials required under § 105-133 of the Zoning Law of the Town of Greenfield; and

Such other information as may be required by the Planning Board.

Wind turbine specifications. The proposed make, model, picture and manufacturer's specifications of the proposed wind turbine and tower model(s), including noise decibel data, and material safety data sheet documentation for all materials used in the operation of the equipment shall be provided for each proposed wind turbine. If a particular wind turbine has not been selected by the applicant at the time of application due to a constraint as to the availability of equipment or the inability of the applicant to obtain appropriate supplier commitments, such information shall nevertheless be provided to the Planning Board with an acknowledgement that the type of wind turbine may be modified during application review.

Lighting plan. A proposed lighting plan to be submitted to and reviewed by the Federal Aviation Administration for any structure equal to or more than 200 feet above ground, or as may otherwise be required by the Federal Aviation Administration or local, state or federal law or regulation.

Construction schedule. A construction schedule describing anticipated commencement and completion dates, including a traffic analysis with a description of the routes to be used by construction and delivery vehicles.

Operation and maintenance schedules. An operations and maintenance plan providing for regular periodic maintenance schedules and any special maintenance requirements. Procedures and notification requirements for restarts during icing events should be proposed and established by the Planning Board.

Adjacent property owners. List of property owners, with their mailing addresses within 300 feet of the outer boundaries of the proposed site.

Application requirements: wind energy facilities.

A decommissioning plan that provides for an estimation of decommissioning costs, the method of ensuring that funds shall be available for decommissioning and restoration of the site and any off-site areas disturbed by or utilized during decommissioning, the method by which the decommissioning cost estimate shall be kept current, and the manner in which the wind energy facility shall be decommissioned.

A complaint resolution process to address complaints from nearby residents.

A transportation plan describing routes to be used in delivery of project components, equipment and building materials and those to be used to provide access to the site during and after construction. Such plan shall also describe any anticipated improvements to existing roads, bridges or other infrastructure, as well as measures which will be taken to restore damaged/disturbed access routes following construction.

A fire protection and emergency response plan to address emergency response and coordinate with local emergency response providers during any construction- or operation-phase emergency, hazard or other event.

Predicted wind-turbine-only sound analysis:

A sound level analysis shall be prepared to determine predicted sound at off-site property lines and residences from operation of wind turbines. Such analysis shall be referred to as "wind-turbine-only sound." Wind-turbine-only sound shall be predicted based upon appropriate ambient sound levels obtained from field or laboratory measurements of the wind turbine proposed to be installed, as well as appropriate background sound levels of the site and nearby off-site areas.

Except as otherwise provided herein, wind turbines shall be located so that predicted wind-turbine-only sound at ground level property lines shall not exceed 8 dB(A) above the ambient noise level established under this section and wind-turbine-only sound at residences shall not exceed 4dB(A) above such ambient noise level. In the event the wind-turbine-only sound produces a "pure tone" condition (existing when an octave band center frequency sound pressure level exceeds the two adjacent center frequency sound pressure levels at ground level), such wind-turbine-only sound shall not exceed by 3 dB(A) above the ambient sound level at the property line.

Statement of existing and future projected noise measurements.

The applicant shall provide a statement listing the existing and maximum future projected measurements of noise from the proposed wind energy conversion facility, measured in decibels Ldn (logarithmic scale, accounting for greater sensitivity at night), for the following:

[a]

Existing, or ambient: the measurements of existing noise.

[b]

Existing plus the proposed wind energy conversion facility: maximum estimate of noise from the proposed facility plus the existing noise environment.

Such statement shall be certified and signed by a qualified engineer, stating that noise measurements are accurate and meet the noise standards of this section and applicable state requirements.

A postconstruction noise monitoring plan shall be developed which, at a minimum, requires annual certification by a qualified engineer of the permittee or applicant that the wind energy facility remains in conformance with the requirements of this section. If no complaints regarding noise are received in a five-year period from operation, the applicant may request that the annual certification be suspended.

Environmental review.

Compliance with the State Environmental Quality Review Act (SEQRA) shall be required.

Applicants shall submit the following materials to the Town of Greenfield Planning Board:

Small wind energy facilities and wind measurement towers: Applicants shall be required to prepare and submit Part 1 of a State Environmental Quality Review Act (SEQRA) form.

Wind energy facilities: Applicants shall be required to prepare and submit a full State Environmental Quality Review Act (SEQRA) form which, unless a lead agency other than the Planning Board has already been established in accordance with the requirements of the State Environmental Quality Review Act, shall be distributed by the Planning Board to all involved agencies prior to any determination of significance by the lead agency. All environmental impact statements for wind energy facilities shall contain, but not be limited to:

Visual impact analysis, including:

[a]

Mapping of scenic resources of statewide significance, as defined by the New York State Department of Environmental Conservation Visual Policy (Policy DEP-00-2), and of local significance, as officially listed by the relevant municipality within the study area.

[b]

Viewshed mapping and/or cross-section analysis to identify areas (including the significant resources identified above) with potential views of the project.

[c]

Description of the character and quality of the affected landscape.

[d]

Photographic simulations of what the proposed project will look like from a reasonable number of representative viewpoints within the five-mile radius study area to be selected in consultation with the Planning Board.

[e]

Evaluation of the project's visual impact based on the viewshed mapping and photographic simulations described above.

[f]

Recommended visual mitigation measures (in accordance with DEC Policy DEP-00-2), if warranted, based on the results of the impact evaluation described above.

Avian impact study: Appropriate bird and bat migration, nesting and habitat studies shall be submitted. The applicant shall solicit input from the New York State Department of Environmental Conservation on such studies and shall follow any required protocols established, adopted or promulgated by the Department.

Archaeological and architectural impact analysis: The applicant shall solicit input from the New York State Historic Preservation Office, Town of Greenfield Historical Society and/or the Town Historian.

Fiscal and economic impact analysis.

An assessment of potential electromagnetic interference with microwave, radio, television, personal communication systems, 911 and other wireless communication.

An assessment of potentially impacted wetland, surface and groundwater resources, and the geology and land use of the site, as well as an assessment of construction-phase impacts, traffic impacts and adverse sound impacts which may arise from project construction or operation.

An assessment of potential shadow flicker at off-site residences.

Application review process.

Twelve copies of the application shall be submitted to the Town Building Department or other Town designee. Payment of all application fees shall be made at the time of submission.

The Planning Board shall hold at least one public hearing on the application. Notice shall be published in the Town's official newspaper not less than 10 days before any hearing, but, where any hearing is adjourned by the Planning Board to hear additional comments, no further publication shall be required. The public hearing may be combined with public hearings on any environmental impact statement or requested waivers. All adjoining property owners within 1,500 feet of the outer boundary of the site shall be given written notice of a public hearing via certified mail at the expense of the applicant.

Notice of the project shall also be given in accordance with General Municipal Law.

Following the holding of the public hearing and completion of the State Environmental Quality Review Act (SEQRA) process, the Planning Board may approve, approve with conditions, or deny the permit application, in accordance with the standards in this section. All approvals and denials shall be in writing, setting forth competent reasons for such approval or denial.

A copy of the applicant lease agreement (if one exists) shall be provided to the Planning Board at the start of the review process.

Wind energy facility development standards. The following standards shall apply to wind energy facilities only.

Unless an environmental constraint prohibits burial, all power transmission lines from the tower to any building, substation, or other structure shall be located underground in accordance with National Electrical Code standards, unless an environmental constraint requires such transmission lines to be located above ground.

Wind turbines and towers must be white in color.

No advertising signs are allowed on any part of the wind energy facility, including fencing and support structures.

No tower shall be lit except to comply with Federal Aviation Administration (FAA) requirements. Minimum security lighting for ground-level facilities shall be allowed as approved on the wind energy facility development plan.

The wind energy facility shall be designed to minimize the impacts of land clearing and the loss of important open spaces. Development on agricultural lands shall follow the Guidelines for Agricultural Mitigation for Wind Power Projects published by the New York State Department of Agriculture and Markets.

Stormwater runoff and erosion control shall be managed in a manner consistent with all applicable local, state and federal laws and regulations and such standards as shall be applied by the Planning Board on the advice of the Town consultants.

Wind turbines shall be located in a manner that minimizes shadow flicker on residences.

No large scale herbicides or insecticides application shall be used on or off site during or following construction.

Setbacks, noise and height limits.

Except as provided herein, each wind turbine associated with a wind energy facility shall be set back as follows:

A distance no less than 1,000 feet from residences.

A distance no less than 300 feet from off-site property boundaries.

A distance no less than 300 feet from the center line of any public road.

Small wind energy facility wind turbines and wind measurement towers shall be set back from off-site property boundaries and residences at least a distance equal to the total tower height.

Except as provided herein, the sound pressure level generated by a wind energy facility or small wind energy facility shall not exceed the sound levels required and established in accordance with Subsection J(5)(c)[1] of this section. Compliance shall periodically be determined by the Town Code Enforcement Officer, or such other officer or employee which the Town Board may designate. This shall be the only project operation phase noise requirement applicable to a project under this section, except that the Planning Board may impose appropriate additional requirements in accordance with Subsection Q of this section.

There is no total height restriction for a wind energy facility and a small wind energy facility, and a wind measurement tower is restricted to 100 feet total height (blades included). (A non-grid-only wind energy facility shall not exceed 35 feet.)

Prior to issuance of a building permit for a small wind energy facility, wind measurement tower, or wind energy facility, the applicant shall provide the Town proof of initial and annual insurance, in the form of a duplicate insurance policy or a certificate issued by an insurance company, of liability insurance, of a level to be determined by the Town Board in consultation with the Town's insurer, to cover damage or injury which might be caused by or result from the operation or maintenance of such wind energy facility.

Required site safety measures for wind energy facilities, small wind energy facilities, and wind measurement towers.

All wind turbines shall have an automatic braking, governing or feathering system to prevent uncontrolled rotation, overspeeding and excessive pressure on the tower structure, rotor blades and turbine components.

With the exception of electrical collection and distribution lines, accessory facilities or equipment shall be gated, fenced or secured appropriately to prevent unrestricted public access to the facilities.

Warning signs shall be posted at the entrances to the wind energy facility and at the base of each tower warning of electrical shock or high voltage and containing emergency contact information.

The minimum distance between the ground and any part of the rotor or blade system shall be 30 feet for any wind turbine associated with a wind energy facility, and 15 feet for any wind turbine associated with a small wind energy facility.

Wind energy facilities shall be designed to prevent unauthorized external access to electrical and mechanical components and shall have access doors that are kept securely locked at all times.

Prior to issuance of a building permit for wind energy facilities only, the applicant shall provide the Town proof of initial and annual insurance, in the form of a duplicate insurance policy or a certificate issued by an insurance company, of liability insurance, of a level to be determined by the Town Board in consultation with the Town's insurer, to cover damage or injury which might be caused by or result from the operation or maintenance of such wind energy facility.

Traffic routes and road maintenance for wind energy facilities. The provisions of this section shall apply to wind energy facilities only.

Designated traffic routes for construction and delivery vehicles to minimize traffic impacts, wear and tear on local roads and impacts on local business operations shall be proposed by the applicant and reviewed by the Planning Board.

To the extent the designated traffic routes will include use of Town, county, or state roads, the applicant is responsible for executing a road use agreement with the appropriate agency which shall provide for the remediation of damaged roads upon completion of the installation or maintenance of a wind energy facility, and for adequate maintenance of the roads during construction of the wind energy facility such that the roads will remain open and passable. Prior to the issuance of any building permit, the cost of remediating road damage shall be secured in the form of a bond, letter of credit or other surety acceptable to the appropriate agency and sufficient to compensate the agency for any damage to public roads.

The applicant shall provide predevelopment and postdevelopment photographic evidence of the condition of Town, county, or state roads to be traveled upon by construction and delivery vehicles.

Issuance of wind energy facility, small wind energy facility and wind measurement tower permits and certificates of conformity.

The Planning Board shall, within 180 days of either issuing State Environmental Quality Review Act (SEQRA)[1] findings or a SEQRA negative declaration or conditioned negative declaration, issue a written decision with the reasons for approval, conditions of approval or disapproval fully stated. This time period may be extended with consent of the applicant.

Editor's Note: See Environmental Conservation Law § 8-0101 et seq.

The Planning Board is hereby expressly empowered to impose conditions governing the issuance of the permit as well as construction and operational phases of the project which it deems necessary and appropriate to ensure compliance with this section, the State Environmental Quality Review Act, conformity of project construction and operation with representations made by the applicant during the application review process, as well as with any determinations or findings issued by the Planning Board or any other involved agency under the State Environmental Quality Review Act, compliance with any other federal, state or local laws or regulations applicable to the project, and as may be necessary to promote the public health, safety and welfare.

If approved, the Planning Board shall direct the Town Building Department or other designee authorized by the Town Board to issue a permit upon satisfaction of any and all conditions precedent set forth under this section, the terms of approval or conditions of the permit or any additional requirement of the Town Board imposed in connection with any other project approval or agreement deemed necessary to the issuance of the permit.

The decision of the Planning Board shall be filed within five days in the office of the Town Clerk and a copy mailed to the applicant by first-class mail.

If any approved wind energy facility, small wind energy facility or wind measurement tower is not substantially commenced within one year of issuance of the permit, the permit shall expire unless the Planning Board shall have granted an extension.

Upon commissioning of the project, which for purposes of wind energy facilities and small wind energy facilities shall mean the conversion of wind energy to electrical energy for on-site use or distribution to the electrical grid, and for purposes of wind measurement towers shall mean the collection of wind speed and/or other data by the wind measurement tower equipment, the Town Building Department or other designee authorized by the Town Board shall determine whether the project is in compliance with the permit. If the Town Building Department or other designee determines the project is in compliance with the permit, a certificate of conformity shall be promptly issued to the permittee.

With the change of ownership of the structure the new owner shall comply with all environmental, site plan review or special use permit requirements.

Abatement.

If any wind turbine stops converting wind energy into electrical energy and/or distribution of that energy for on-site use or transmission onto the electrical grid for a continuous period of 12 months, the applicant/permittee shall remove said system at its own expense following, if applicable, the requirements of the decommissioning plan required under this section or any permit. The Town Board may grant an extension to this time period for one year or less.

At such time that a wind energy conversion facility is scheduled to be abandoned or discontinued, the applicant will notify the Town by certified U.S. mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given not less than 30 days prior to abandonment or discontinuation of operations. In the event that an applicant fails to give such notice, the facility shall be considered abandoned upon such discontinuation of operations.

Upon abandonment or discontinuation of use, the carrier shall physically remove the wind energy conversion facility within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include, but not be limited to:

Removal of all machinery, equipment, equipment shelters, and security barriers from the subject property.

Proper disposal of the waste materials (including hazardous liquids) from the site in accordance with local and state solid waste disposal regulations.

Restoring the location of the wind energy conversion facility to its natural condition, except that any landscaping, grading or below-grade foundation shall remain in the after condition.

If an applicant fails to remove a wind energy conversion facility in accordance with this section, the Town shall have the authority to enter the subject property and physically remove the facility. Cost incurred by the Town shall be paid by the applicant. The Town reserves the right to recover said cost by any legal means available.

For a wind energy facility only, the Town Board shall require the applicant to post a bond at the time of construction to cover costs of the removal in the event the Town must remove the facility. The amount of such bond shall be reviewed and approved by the Town Board under the approved decommissioning plan.

Permit revocation. All wind energy facilities, small wind energy facilities and wind measurement towers shall be maintained in operational condition at all times, subject to reasonable maintenance and repair outages. "Operational condition" includes meeting all noise requirements and other permit conditions. Should a wind turbine or wind measurement tower become inoperable, or any part of a wind energy facility or small wind energy facility be damaged, or should a violation of a permit condition occur, the permittee, owner or operator shall remedy the failure within 90 days. Upon a failure to perfect a timely remedy, project operation shall cease. Application of this subsection of the section shall in no way extend or toll any time periods set forth under Subsection R of this section.

Fees. The applicant shall pay for reasonable attorneys' and engineering fees associated with this application as per Chapter A210, Fee Schedule.

Enforcement; penalties for offenses.

Enforcement Officer. The Town of Greenfield Town Code Enforcement Officer shall be considered the Enforcement Officer for purposes of this section.

Penalties. Any person owning, controlling, operating or managing a wind energy facility, small wind energy facility or wind measurement tower in violation of this section or in noncompliance with the terms and conditions of any permit issued pursuant to this section, or any order of the enforcement officer, and any person who shall assist in so doing, shall be guilty of a violation of this section and subject to a fine of not more than $1,000 per day per violation.

Special proceeding. The designated enforcement officer may, with the consent of the Town Board, institute an action or proceeding available at law to prevent, correct or abate any unlawful construction, erection, structural alteration, reconstruction, modification and/or use of a wind energy facility, small wind energy facility or wind measurement tower in the Town. This shall be in addition to other remedies and penalties herein provided or available at law.

Exemption from above for a non-grid-use-only wind energy facility. A wind energy conversion system consisting of a wind turbine (or mill), a tower, and associated control electronics, electrical collection and distribution equipment or mechanical windmill components, and accessory facilities or equipment, which is less than 35 feet in total height with the minimum distance between the ground and any part of the rotor or blade system not less than 15 feet and is not connected to the power grid, shall be exempt from this section and shall require only a regular building permit and fee from the Town Building Department, provided the following conditions have been met:

A completed application for a permit on a form provided by the Town Building Department.

A site plan map showing property lines and physical dimensions of the site, including location, approximate dimensions and types of existing structures and uses on the site; public roads; and adjoining properties within 300 feet of the boundaries of any proposed wind turbine or windmill. The site plan shall show the location of each proposed wind turbine or windmill and the locations of setback distances. Setback from property lines shall equal no less than total tower height.

If guy wires are to be used, the location and type of fencing used to enclose them shall be shown on the site plan.

Such other information as may be required by the Town Building Department.

Professional engineer stamped plans are required.

§ 105-134 Solar energy systems and facilities.

[Added 11-22-2016 by L.L. No. 4-2016]

Purpose. The purpose of this section is to guide the construction, installation and operation of solar energy systems and facilities, including, but not limited to, building integrated photovoltaic systems and ground-mounted solar systems and facilities, in the Town of Greenfield, Saratoga County, subject to reasonable conditions that will protect the public health, safety and welfare, including:

Taking advantage of a safe, abundant, renewable and nonpolluting energy resource;

Decreasing the cost of energy to the owners of residential and commercial properties, including single-family houses; and

Increasing employment and business development in the region by furthering the installation of solar energy systems and facilities.

Applicability. The requirements of this section shall apply to all solar energy systems and facilities proposed, constructed, installed, operated or modified within the municipal boundaries of the Town of Greenfield, Saratoga County. Solar energy systems and facilities shall only be allowed throughout areas of the Town as allowed in the Town's Use and Area Tables and subject to the requirements of this section.

Types of solar energy systems and facilities.

Roof-mounted solar energy systems.

Residential. Roof-mounted solar energy systems that use the system's generated energy exclusively for on-site single-family or two-family residential purposes are permitted as an accessory use in the Town of Greenfield Zoning Districts, when attached to any lawfully permitted building or structure as outlined in Attachment 4, Table 1, Use Regulations, shall be in compliance with Table 2 Area Regulations, and shall be exempt from site plan and special use permit reviews. (A building permit for the installation of such a system is required.)

Nonresidential. Roof-mounted solar energy systems, for applications other than single family or two family residential, including, but not limited to, system applications for multifamily, office, commercial and industrial that use the roof-mounted solar energy systems generated energy exclusively for on-site purposes are permitted as an accessory use in the Town of Greenfield Zoning Districts, when attached to any lawfully permitted building or structure, as outlined in Attachment 4, Table 1, Use Regulations, shall be in compliance with Table 2, Area Regulations and shall require site plan review by the Planning Board.

Energy production. Roof-mounted solar energy systems that use the system's generated energy on-site and for the purpose of producing electricity for off-site consumption are permitted as an accessory use in the Town of Greenfield Zoning Districts, when attached to any lawfully permitted building or structure, as outlined in Attachment 4, Table 1, Use Regulations, shall be in compliance with Table 2, Area Regulations and shall require special use permit review, with approval of a site plan, by the Planning Board.

Ground-mounted solar energy systems and facilities.

Level I - Residential. Ground-mounted solar energy systems that use the system's generated electricity exclusively on-site for residential purposes, and that generate less than 10 kW of electricity, may be permitted as accessory structures in zoning districts as listed in Attachment 4, Table 1, Use Regulations, and shall be in compliance with Table 2, Area Regulations. Level I ground-mounted solar energy systems and facilities require the issuance of a special use permit by the Planning Board.

Level II - Nonresidential. Ground-mounted solar energy systems that use the system's generated electricity exclusively on-site may be permitted as accessory structures in zoning districts as listed in Attachment 4, Table 1, Use Regulations, and shall be in compliance with Table 2, Area Regulations. Level II ground-mounted solar energy systems and facilities require special use permit review by the Planning Board.

Level III - Energy production. Large ground-mounted solar energy systems and facilities that generate electricity primarily for off-site distribution may be permitted as allowable uses in zoning districts as listed in Attachment 4, Table 1, Use Regulations, and shall be in compliance with Table 2, Area Regulations. Level III ground-mounted solar energy systems and facilities require special use permit review by the Planning Board.

Design standards.

Roof-mounted solar energy system design requirements:

Roof location. Panels facing the front yard shall be mounted at the same angle as the roof's surface, with a maximum distance of 18 inches between the roof and highest edge of the system. Exceptions to this requirement for commercial structures with flat roofs may be made by the Planning Board during site plan review.

Height. Roof-mounted solar energy systems shall not exceed the lesser of the following: the maximum height permitted in the zoning district where the system is located, or are provided the same height exemptions granted to building-mounted mechanical devises or equipment, or may not exceed the peak of the existing roof structure on which the system is installed.

Color. All parts and portions of a roof-mounted solar energy system shall be similar in color to the roof on which it is mounted or shall be dark in color (black, brown or dark grey). Exceptions to the color requirement may be made by the Planning Board during site plan review.

No advertising or signs. Advertising signs shall not be allowed on any part of a roof-mounted solar energy system, including its support structure and any fencing.

Ground-mounted solar energy systems and facilities design requirements:

Lot coverage. Level I, II and III systems and facilities shall be limited to coverage areas as listed with Table 2, Area Regulations for the underlying zoning district. Coverage of such systems and facilities shall be calculated by the overall field footprint with the addition of any other system structures.

System location. Level I and II systems and facilities shall be installed in side or rear yards only. Exceptions may be granted for commercial site applications as part of special use permit application and review.

Color. All parts and portions of any ground-mounted solar energy system or facility shall be dark in color (black, brown or dark grey) and nonreflective. Exceptions to the color requirement may be made during special use permit review by the Planning Board.

All power transmission lines from ground-mounted solar system or facility equipment to any building, substation, or other structure, shall be located underground in accordance with National Electrical Code standards, unless an environmental constraint requires such transmission lines to be located above ground.

Advertising signs shall not be allowed on any part of a ground-mounted solar energy system or facility, including its support structures and the fencing around the solar system.

Lighting dedicated to a ground-mounted solar energy system or facility shall be limited to minimum security lighting. Motion sensors for ground level activities, access or equipment shall be allowed as approved on the site plan by the Planning Board.

Impacts of land clearing and the loss of important open spaces and agricultural spaces caused by the construction, installation or operation of a ground-mounted solar energy system or facility shall be minimized by site plan design.

Stormwater runoff and erosion control caused by the construction, installation, or operation of a ground-mounted solar energy system or facility shall be managed in a manner consistent with applicable local, state and federal laws and regulations, and such standards as shall be applied by the Planning Board on the advice of Town consultants.

Site glare on residences, off-site properties and significant view sheds caused by the construction, installation, or operation of a ground-mounted solar energy system or facility, shall be minimized by strategic location planning.

(j)

Large-scale herbicide, insecticide or other pesticide applications shall not be used on site or off site prior to, during or following the construction and operation of a ground-mounted solar energy system or facility.

(k)

The total maximum height of any part of a ground-mounted solar system or facility shall not exceed 15 feet.

Application requirements.

A complete special use permit application, or site plan review application, as required by this section, must be filed with the Planning Board for all solar energy systems and facilities.

Exemption: The Town of Greenfield Code Enforcement Officer shall have the sole discretion to review and permit a residential roof-mounted solar system that uses the system's generated energy on site for a single-family or two-family residential application.

Additional special use permit and site plan review application requirements. In addition to the requirements recited in § 105-52, the following items shall be included on the submitted site plan or within the submitted application materials:

The location of proposed solar energy elements, equipment and accessory facilities or equipment;

The location of all above ground and below-ground utility lines on the site, as well as transformers, the interconnection point with transmission lines, and other ancillary facilities or structures, including, without limitation, accessory facilities or equipment;

All other proposed facilities, including, without limitation, access roads, electrical substations, storage or maintenance units, fencing, screening and buffers;

The make, model, photo and manufacturer's specifications of the proposed solar energy equipment, including material safety data sheet documentation for all materials used in the operation of the equipment;

A construction schedule describing anticipated commencement and completion dates for the solar energy system or facility;

An operations and maintenance plan that provides for regular periodic maintenance schedules and any special maintenance requirements;

If the property of the proposed solar project is to be leased or under contract, the applicant shall submit a copy of the solar energy system or facility lease/contract that verifies legal consent between all parties subject to the solar energy system or facility lease/contract and specifies the use(s) of the property during the duration of the solar project, including easements and other agreements;

A decommissioning plan that includes, at a minimum, estimates of decommissioning costs, the method for ensuring funds will be available for decommissioning and restoration of the site and any off-site areas disturbed by or utilized during decommissioning, the method by which the decommissioning cost estimate shall be kept current, and the manner in which the solar energy system or facility and its accessory installations shall be decommissioned, including the return of the site to its preconstruction state;

A complaint resolution process plan designed to address complaints from nearby residents related to the operation or maintenance of a solar energy system or facility;

(j)

A fire protection and emergency response plan designed to address emergency response issues and contingencies and the coordination of local emergency response providers during construction or operational phase emergencies, hazards or other events;

(k)

A predicted glare analysis that establishes that the location of the proposed solar energy system or facility will not negatively impact off-site locations by glare caused by the solar equipment, and shall account for or include the following:

A glare analysis shall be prepared to determine predicted glare caused by the proposed solar energy system or facility that may affect off-site property locations and effecting residences and view sheds, which shall be referred to as solar equipment glare.

A statement of projected glare impact shall be submitted, certified and signed by a qualified engineer, stating the proposed glare impact analysis is accurate.

A post-construction glare monitoring plan shall be submitted, which at a minimum, requires annual certification by a qualified engineer of the applicant or permittee that the solar energy system or facility conforms to the requirements of this section. If no complaints regarding glare are filed with the Town in the initial two-year period after the system or facility becomes operational, the applicant/permittee may request that the annual certification be suspended.

Environmental review.

Compliance with the State Environmental Quality Review Act (SEQRA) shall be required.

An applicant shall submit the following materials to the Town of Greenfield Planning Board:

Level I - Residential solar energy systems and facilities. An applicant shall be required to prepare and submit a complete short environmental assessment form for SEQRA review.

Level II and Level III Solar Energy Systems and Facilities. An applicant shall be required to prepare and submit the long environmental assessment form (EAF) for SEQRA review. The Planning Board shall serve as the lead agency, unless another lead agency is established, in accordance with the requirements of the SEQRA. The lead agency shall distribute the SEQRA documents to any other involved agencies prior to making a determination of significance.

Visual Impact. Required EAF supporting documents for a solar energy system or facility shall contain, but not be limited to, a visual impact analysis, including:

[a]

[b]

View shed mapping and/or cross-section analysis to identify areas (including the significant resources identified above) with potential views of the project;

[c]

Description of the character and quality of the affected landscape;

[d]

Photographic simulations of what the proposed project will look like from a reasonable number of representative viewpoints within a radius study area to be selected in consultation with the Planning Board;

[e]

Narrative evaluation report of the project's visual impact based on the view shed mapping and photographic simulations described above and

[f]

Recommended visual mitigation measures (in accordance with DEC Policy), if warranted, based on the results of the impact evaluation described above.

Archaeological and architectural impact analysis. An applicant shall solicit input from the New York State Historic Preservation Office, Town of Greenfield Historical Society and/or the Town Historian related to the archaeological and architectural impact of the construction or installation of the proposed solar energy system or facility.

Fiscal and economic impact analysis.

Issuance of permits and certificates of conformity.

Bonding. For Level III ground-mounted solar energy systems or facilities only, the Town Board shall require an applicant to post a bond, prior to the commencement of construction, in an amount equal to or greater than the cost to remove the solar system and/or facility; should the Town be compelled to remove the solar system and/or facility. The amount of such bond shall be reviewed and approved by the Town Board, as required by the approved decommissioning plan.

Conditions. The Planning Board is hereby expressly empowered to impose conditions governing the issuance of a permit for a solar energy system or facility, as well as construction and operational phases of the project it deems necessary and appropriate to ensure compliance with: this section; the State Environmental Quality Review Act (SEQRA); conformity of project construction and operation with representations made by the applicant during the special use permit review process; and any determinations or findings issued by the Planning Board or any other involved agency under the SEQRA, compliance with any other federal, state or local laws or regulations applicable to the project, and as may be necessary to promote the public health, safety and welfare.

Permit. Upon approval of a solar energy system or facility project, the Planning Board shall direct the Town Code Enforcement Officer, or other designee authorized by the Town Board, to issue a permit upon satisfaction of any and all conditions precedent set forth under this section, the terms of approval or conditions of the permit, additional requirements of the Town Board imposed in connection with any other project approval, or agreement deemed necessary to the issuance of the permit and additional requirements as may be imposed by other local or state agencies.

Proof of insurance. Prior to issuance of a building permit for a solar energy system or facility, the applicant shall provide the Town with proof of initial and annual liability insurance, in the form of a duplicate insurance policy or a certificate issued by an insurance company, in an amount to be determined by the Town Board in consultation with the Town's insurer to cover damage or injury that might be caused by or result from the operation or maintenance of the proposed solar energy system or facility.

Substantial progression. An approved solar energy system or facility shall progress to a point of being substantially constructed within one year of issuance of the permit. Lack of substantial progression shall result in the expiration of the permit unless an extension is granted by the Planning Board.

Certificate of conformity. Upon commissioning of the project, which for purposes of a solar energy system or facility shall mean the conversion of solar energy to electrical energy for on site use or distribution to the electrical grid, the Town Code Enforcement Officer or other designee authorized by the Town Board, shall determine whether the project is in compliance with the permit. If the Town Code Enforcement Officer or other designee determines the project is in compliance with the permit, a certificate of conformity shall be issued to the permittee.

Change of ownership. In the event of a change of ownership of the property or solar energy system or facility, or a change in the solar energy system or facility lease/contract, the owner and lessee shall submit an application for the amendment of the special use permit or amendment of the site plan, whichever is applicable, that verifies legal consent between all parties subject to the solar energy system or facility lease/contract and specifies the use(s) of the property while the system or facility is operational, including easements and other agreements.

Repair, maintenance and permit revocation.

Level I, II and III ground-mounted solar energy systems and facilities shall be maintained in operational condition at all times, subject to reasonable maintenance and repair outages. For purposes of this subsection, "operational condition" shall mean the system or facility functions as intended, and meets all site plan requirements and other permit conditions. Should a solar energy system or facility become inoperable, or any part of a solar energy system or facility be damaged, or should a violation of a permit condition occur, the permittee, owner or operator, shall remedy the failure within 90 days. If such failure is not remedied within the 90 days, the Town shall be permitted to revoke the permit. The application of this subsection shall in no way extend any time periods set forth within Subsection I.

Abatement.

A solar energy system or facility that stops converting solar energy into electrical energy, and/or ceases distribution of that energy for on-site use or transmission onto the electrical grid for a continuous period of six months for Level I, or a continuous period of one month for Levels II and III, shall be considered an abandonment of the system or facility, whereby the applicant/permittee shall remove the system or facility at their own expense, in accordance with the decommissioning plan required under this section. The Town Board may grant an extension for a maximum of one year.

Should a solar energy system or facility be scheduled to be abandoned or discontinued, the applicant/permittee shall notify the Town by certified U.S. mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given not less than 30 days prior to abandonment or discontinuation of operations. In the event that the applicant fails to give such notice, the solar energy system or facility shall be considered abandoned upon such discontinuation of operations.

Upon abandonment or discontinuation of use, the applicant/permittee shall physically remove the solar energy system or facility within 90 days from the date of abandonment or discontinuation of use. Physically remove shall include, but not be limited to:

Removal of all machinery, equipment, equipment-shelters, and security barriers from the subject property;

Proper disposal of the waste materials (including hazardous liquids) from the site in accordance with local and state solid waste disposal regulations; and

Restoring the location of the solar energy system or facility to its natural, predevelopment condition, including any landscaping, grading and the removal of below-grade foundations, supports or structures.

Should an applicant fail to remove a solar energy system or facility in accordance with this section, the Town shall have the authority to enter the subject property and physically remove the system or facility. All costs incurred by the Town shall be paid by the applicant. The Town reserves the right to recover said cost by any legal means available.

Fees. The applicant shall pay for reasonable attorneys' fees, engineering fees and other costs associated with this section, pursuant to Chapter A210, Fee Schedule.

Enforcement; penalties for offenses.

Enforcement Officer. The Town of Greenfield Code Enforcement Officer shall be considered the Enforcement Officer for purposes of this section.

Penalties. Any person owning, controlling, operating or managing a solar energy system or facility in violation of this section or in noncompliance with the terms and conditions of any permit issued pursuant to this section, or any order of the enforcement officer, and any person who shall assist in so doing, shall be guilty of a violation of this section and subject to a fine of $1,000 per day, per violation.

Special proceeding. The Code Enforcement Officer may, with the consent of the Town Board, institute an action or proceeding available at law to prevent, correct or abate any unlawful construction, installation, erection, structural alteration, reconstruction, modification and/or use of a solar energy system or facility in the Town. This shall be in addition to other remedies and penalties herein provided or available at law.

§ 105-135 Additional standards.

Abandoned vehicles. No motor vehicle, automobile, automobile trailer or other vehicle shall remain outside upon any property within the Town when such vehicle has been so dismantled or parts have been removed therefrom or otherwise abandoned so that such vehicle may be incapable of operation or use, for a period of 30 continuous days, except that travel trailers not used for dwelling purposes may be stored in rear yards when not in use.

Unregistered vehicles. No more than one unregistered motor vehicle may be stored in an unenclosed area in a residential district for no more than three months unless otherwise restricted by this chapter.

Storage and dumping.

On any lot or plot, no storage of junk shall be permitted in the front yard.

All spaces between building and structures shall be kept sufficiently free and clear of materials of every nature for the purpose of providing adequate light, air and protection against fire.

Dumping of waste material must be in accordance with 6 NYCRR Part 360.

Obstructions at street intersections. On a corner lot in any district, any fence or wall built within 50 feet of the intersecting street lines shall be of open construction, such as wire, wood, picket or iron, and shall not exceed four feet in height, except for such fences as may be installed as a safety precaution surrounding swimming pools.

Commercial garages. In any district where permitted, unless the regulations of that district are more restrictive, commercial garages shall be subject to the following regulations:

No fuel pump shall be located within 20 feet of any street lines or side lot line, measured from the outside edge of the fuel island.

No access drive shall be within 200 feet of, nor on the same side of the street as, a public or semipublic use, as defined herein, unless a street ties between the commercial garage and the public or semipublic use.

All major repair work shall be done within a completely enclosed building.

Curbing to regulate the location of vehicular traffic shall be installed at the street line of the lot, except for access drives.

Obstructions.

No fencing, shrubbery, trees or other type of obstruction shall be placed in the area between the front property line and the paved portion of the roadway.

Any fence or wall constructed in the Town of Greenfield must have a two-foot setback from existing boundary lines as to allow for maintenance for both sides of fence or walls.

Public utilities. Major installations of public utilities shall be reviewed by the Planning Board where proposed in any residential district. The Planning Board shall have the power to require any reasonable change in the site plan in order to protect the residential nature of adjoining properties. Underground utilities, including telephone and electric facilities, are encouraged. Developers may be asked to provide justification if underground utilities are not provided in the site plan.

Anyone who makes an application to either the Planning Board or the Zoning Board of Appeals of the Town of Greenfield must be in compliance with all sections of the Zoning Law of the Town of Greenfield, except for the particular item or items contained in that particular application.

Seasonal uses. Seasonal uses, such as the sale of pumpkins, Christmas trees, etc., shall be allowed in conjunction with established businesses as long as there is sufficient space for the objects for sale and off-street parking for both the seasonal use and the existing business. The seasonal use of a property in a residential zone shall be allowed only after an application for the use is submitted and approved by the Planning Board. The application shall include a site plan, in compliance with § 105-52A, and be submitted to the Planning Board for approval by the Board at least 30 days prior to any delivery of the items to the property. Application shall be made on an annual basis for any seasonal use. The application fee shall be $25 for private individuals; no charge, other than that incurred by the Town of Greenfield, shall be made for not-for-profit organizations as approved by the New York State Attorney General's Office.

§ 105-136 Telecommunications towers.

Purpose. The purpose of these supplemental regulations is to promote the health, safety and general welfare of the residents of the Town of Greenfield; to provide standards for the safe provision of telecommunications consistent with applicable federal and state regulations; to minimize the total number of telecommunications towers in the community by encouraging shared use of existing and future towers and the use of existing tall buildings and other high structures; and to minimize adverse visual effects from telecommunications towers by requiring careful siting, visual impact assessment and appropriate landscaping. At all times, shared use of existing tall structures (for example, municipal water towers, multistory buildings, church steeples, farm silos, etc.) and existing or approved towers shall be preferred to the construction of new towers.

Applicability; permits required.

No telecommunications tower, except those approved prior to the effective date of this section, shall be used unless in conformity with these regulations. No telecommunications tower shall hereafter be erected; moved, reconstructed, changed or altered unless in conformity with these regulations. No existing structure shall be modified to serve as a telecommunications tower unless in conformity with these regulations.

Applicants proposing to collocate telecommunications equipment on a previously approved telecommunications tower do not require a special permit but must obtain site plan approval in accordance with Article IX of this chapter. The Planning Board may require the applicant to submit any of the items under Subsection C below as part of the site plan review process.

Applicants proposing to share use of an existing tall structure for telecommunications equipment must obtain a special permit in accordance with Subsection C below and Article VI of this chapter.

Applicants proposing to construct a new telecommunications tower must obtain both a special permit in accordance with Subsections D through S below and Article VI of this chapter and site plan approval in accordance with Article IX of this chapter.

These regulations shall apply to all property within all zoning districts of the Town.

An applicant proposing to construct a new telecommunications tower shall include in its application a representation that it has complied with the federal aviation regulations, Code of Federal Regulations, Part 77, Subpart C, Obstruction Standards.

Shared use of existing tall structures.

An applicant proposing to share use of an existing tall structure shall be required to submit:

A completed application for a special permit (see § 105-52).

Documentation of intent from the owner of the existing facility to allow shared use.

A site plan. The site plan shall show all existing and proposed structures and improvements, including antennas, roads, buildings, guy wires and anchors, parking and landscaping, and shall include grading plans for new facilities and roads. Any methods used to conceal the modification of the existing facility shall be indicated on the site plan.

An engineer's report certifying that the proposed shared use will not diminish the structural integrity and safety of the existing tall structure and explaining what modifications, if any, will be required in order to certify to the above.

A completed State Environmental Quality Review Act (SEQRA) environmental assessment form (EAF) and a completed visual EAF addendum.

A copy of its Federal Communications Commission (FCC) license.

If an applicant proposing to share use of an existing tall structure submits complete and satisfactory documentation in accordance with Subsection C(1) above and if modifications indicated according to Subsection C(1) are deemed insignificant by the Planning Board and after the Planning Board conducts a public hearing and complies with all SEQRA provisions and if the Board determines that the use is consistent with the standards for issuance of a special permit set forth in § 105-54, the Board may grant a special permit without further review under this section. If the Planning Board determines that any modifications indicated according to Subsection C(1) are significant, the Board may also require the applicant to provide the additional information and meet some or all of the requirements as set forth in Subsections H through S below.

New telecommunications tower. The Board may consider a new telecommunications tower when the applicant demonstrates that shared use of existing tall structures and existing or approved towers is impractical. An applicant shall be required to present an adequate report inventorying all existing tall structures and existing or approved towers within a reasonable distance of the proposed site. This distance shall be determined by the Board in consultation with the applicant. The report shall outline opportunities for shared use of these existing facilities as an alternative to a proposed new tower. The report shall demonstrate good faith efforts to secure shared use from the owner of each existing tall structure and existing or approved tower as well as documentation of the physical, technical and/or financial reasons why shared usage is not practical in each case. Written requests and responses for shared use shall be provided.

Shared usage of an existing tower site for placement of a new tower. Where shared use of existing tall structures and existing or approved towers is found to be impractical, the applicant shall investigate shared usage of an existing tower site for the ability to accommodate a new tower and accessory uses. Documentation and conditions shall be in accordance with Subsection D above. Any proposals for a new telecommunications tower on an existing tower site shall also be subject to the requirements of Subsections H through S below.

New tower at new location. The Board may consider a new telecommunications tower on a site not previously developed with an existing tower when the applicant demonstrates that shared use of existing tall structures and existing or approved towers is impractical and submits a report as described in Subsection D above and when the Board determines that shared use of an existing tower site for a new tower is undesirable based upon the applicant's investigation in accordance with Subsection E. Any proposal for a new telecommunications tower shall also be subject to the requirements of Subsections G through S below.

New towers; future shared use. The applicant shall design a proposed new telecommunications tower to accommodate future demand for reception and transmitting facilities. The applicant shall submit to the Planning Board a letter of intent committing the owner of the proposed new tower and his/her successors in interest to negotiate, in good faith, for shared use of the proposed tower by other telecommunications providers in the future. This letter shall 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 special permit. The letter shall commit the new tower owner and his/her successors in interest to:

Respond within 90 days to a request for information from a potential shared-use applicant.

Negotiate, in good faith, concerning future requests for shared use of the new tower by other telecommunications providers.

Allow shared use of the new 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 or equipment to accommodate a shared user without causing electromagnetic interference.

Site plan review; submission requirements.

An applicant shall be required to submit a site plan in accordance with Article IX of this chapter. The site plan shall show all existing and proposed structures and improvements, including roads, buildings, tower(s), guy wires and anchors, antennas, parking and landscaping, and shall include grading plans for new facilities and roads.

Supporting documentation. The applicant shall submit a complete SEQRA EAF, a complete SEQRA visual EAF addendum and documentation on the proposed intent and capacity of use as well as a justification for the height of any tower and justification for any clearing required. The applicant shall also submit a copy of its Federal Communications Commission (FCC) license.

Lot size and setbacks. All proposed telecommunications towers and accessory structures shall be located on a single parcel and shall be set back from abutting parcels and street lines a distance sufficient to substantially contain on site all icefall or debris from tower failure and preserve the privacy of any adjoining residential properties.

The lot size of parcels containing a tower shall be determined by the amount of land required to meet the setback requirements. If land is to be leased, the entire area required shall be leased from a single parcel unless the Planning Board determines that this provision may be waived.

Telecommunications towers shall comply with all existing setback requirements of the underlying zoning district or shall be located with a minimum setback from any property line equal to 1/2 of the height of the tower, whichever is greater. Accessory structures shall comply with the minimum setback requirements in the underlying zoning district.

Visual impact assessment. In addition to the SEQRA visual EAF addendum, the Planning Board may require the applicant to undertake a visual impact assessment which may include:

A zone of visibility map in order to determine locations where the tower may be seen.

Pictorial representations of before and after views from key viewpoints both 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, and from any other location where the site is visible to a large number of visitors or travelers. The Board shall determine the appropriate key sites at a presubmission conference with the applicant.

Assessment of alternative tower designs and color schemes, as described in Subsection K below.

Assessment of the visual impact of the tower base, guy wires, accessory buildings and overhead utility lines from abutting properties and streets.

New tower design. Alternative designs shall be considered for new towers, including lattice and single-pole structures. The design of a proposed new tower shall comply with the following:

Any new tower shall be designed to accommodate future shared use by other telecommunications providers.

Unless specifically required by other regulations, a tower shall have a finish (either painted or unpainted) that minimizes its degree of visual impact.

The maximum height of any new tower shall not exceed that which will permit operation without artificial lighting of any kind or nature in accordance with municipal, state and/or federal law and/or regulation. The Planning Board, at its discretion, may modify this requirement if the applicant can justify the need to exceed this height limitation.

The Planning Board may request a review of the application by a qualified engineer in order to evaluate the need for and the design of any new tower. The cost of this review shall be borne by the applicant.

Accessory structures shall maximize the use of building materials, colors and textures designed to blend with the natural surroundings.

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.

Existing vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible. No cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) shall take place prior to the approval of the special permit.

Screening. Deciduous or evergreen tree plantings may be required to screen portions of the tower and accessory structures from nearby residential property as well as from public sites known to include important views or vistas. Where a site abuts a residential property or public property, including streets, screening shall be required.

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 disturbances and reduce soil erosion potential.

Parking. Parking shall be provided to assure adequate emergency and service access. The Planning Board shall determine the number of required spaces based upon a recommendation from the applicant. No parking spaces shall be located in any required yard setback.

Fencing. The tower and any accessory structures shall be adequately enclosed by a fence, the design of which shall be approved by the Planning Board. This requirement may be waived by the Planning Board if the applicant demonstrates that such measures are unnecessary to ensure the security of the facility.

Removal. The applicant shall submit to the Planning Board a letter of intent committing the tower owner and his/her successors in interest to notify the Building Inspector within 30 days of the discontinuance of use of the tower. This letter shall be filed with the Building Inspector prior to issuance of a building permit (assuming the telecommunications tower is approved according to this section). Obsolete or unused towers and accessory structures shall be removed from any site within four months of such notification. Failure to notify and/or to remove the obsolete or unused tower in accordance with these regulations shall be a violation of this chapter and shall be punishable according to § 105-26, Penalties for offenses, of this chapter.

Intermunicipal notification for new towers. In order to keep neighboring municipalities informed and to facilitate the possibility of directing that an existing tall structure or existing telecommunications tower in a neighboring municipality be considered for shared use and to assist in the continued development of county 911 services, the Planning Board shall require that:

An applicant who proposes a new telecommunications tower shall notify, in writing, the legislative body of each municipality that borders the Town of Greenfield, the Saratoga County Planning Board and the Director of Saratoga County Emergency Services. Notification shall include the exact location of the proposed tower and a general description of the project, including, but not limited to, the height of the tower and its capacity for future shared uses.

Documentation of this notification shall be submitted to the Planning Board at the time of application.

Notification of nearby landowners. The applicant shall be required to mail notice of the public hearing directly to all landowners whose property is located within 500 feet of the property line of the parcel on which a new tower is proposed. Notice shall also be mailed to the administrator of any state or federal parklands from which the proposed tower would be visible if constructed. Notification, in all cases, shall be made by certified mail. Documentation of this notification shall be submitted to the Planning Board prior to the public hearing.

§ 105-137 Keyhole lots.

Keyhole lots may be permitted by the Planning Board only in instances when required due to unusual conditions of the area. The decision to allow a keyhole lot shall be at the sole discretion of the Planning Board taking into account those factors it believes are relevant to the proposal.

[Amended 5-8-2008 by L.L. No. 1-2008]

Space and bulk standards for keyhole lots shall be the same as for the district in which they are located, except that all setbacks, whether front, side or back yards, shall be a minimum of 50 feet. In addition, keyhole lots do not have to meet minimum lot frontage requirements, but the minimum width of the lot parallel to the front line of the building must be measured parallel to the street line, unless determined otherwise by the Planning Board, and be at least the same as the minimum lot frontage requirement.

All driveways to keyhole lots must be accessible to and able to hold a fifty-thousand-pound, thirty-foot-long vehicle, as determined by a licensed engineer, with facilities for turning around to be available within 100 feet of any structure.

To ensure privacy for adjacent lots, a landscaped buffer shall be planted on a keyhole lot wherever deemed necessary by the Planning Board. The buffer shall contain sufficient planting materials as needed to screen the keyhole lot from the other existing uses. This requirement may be waived by the Planning Board if topographic conditions or existing vegetation provides adequate screening.

Appropriate signage must be provided as indicated in the following note which will be placed on the formal plat of any subdivision containing a keyhole lot:

Standard note for address identification. The street number of a dwelling situated on a keyhole shall be permanently and conspicuously displayed on a sign, with lettering not less than three inches nor greater than eight inches in height, and placed no more than 25 feet from the road pavement. The sign shall be displayed for both directions of travel and be reflective. Identification markers must also be placed at any location where a common drive splits.

§ 105-138 Performance standards.

Compliance and determination of nuisance elements.

All uses of lands or buildings in the Town of Greenfield shall comply with the performance standards as described in this article.

The Code Enforcement Officer may require independent expert evaluation to determine the compliance of a proposed use with the performance standards at the expense of the applicant before issuing a permit.

The determination of the existence of any nuisance elements shall be made at the following:

The property lines of the use creating such elements for noise, vibration, glare, dust and safety hazards.

Anywhere in the Town for elements involving air, water, and ground pollution.

The Code Enforcement Officer shall investigate any written or alleged violation of performance standards. If reasonable evidence of a violation exists, the Code Enforcement Officer may then revoke the permit.

Prohibited nuisances. No use shall be established or operated in a manner so as to create hazards, vibration, glare, air, water, groundwater pollution, or other nuisance elements in excess of the limits established in this article.

Fire and explosion hazards. All activities involving the manufacturing, production, storage, transfer, or disposal of flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion. In addition, on-site fire suppression equipment and devices standard to the industry shall be installed. The burning of waste materials in an open fire is prohibited, other than the routine burning of residential yard waste by the homeowner or tenant.

Lighting and glare.

Purpose. It is the intent of these regulations to minimize glare and to provide the minimum amount of lighting on commercial sites necessary to provide for safe use of the property.

Application. These regulations shall apply to all commercial, industrial, multifamily, office and recreation uses in the Town of Greenfield.

Standards. All exterior lights and illuminated signs shall be designed and located in such a manner as to prevent objectionable light and glare to spill across property lines. The following horizontal illumination levels shall be observed. For uses not listed here, the Planning Board may determine the appropriate horizontal illumination level referencing the values found in the reference titled the "IESNA Lighting Handbook" published by the Illuminating Engineering Society of North America. The Planning Board may vary these standards, making them more or less restrictive, where it finds it to be in the interests of this chapter and the Town to do so. In particular, the Town may vary the standards with reference to the brightness and use of the surrounding environment.

	Use	Horizontal Illuminance (footcandles)
	Commercial parking lot	2.5
	Industrial parking lot	1.0
	Office parking lot	1.0
	Recreation parking lot	2.5
	Multifamily parking lot	2.5
	Churches/education lots	1.0
	Building entrances	5.0
	Building exteriors	1.0
	Loading/unloading areas	20.0
	Gas station approach/driveway	2.0
	Gas station pump island	10.0
	Gas station service areas	3.0
	Seasonal stands	25.0
	Automobile lots	20
	Driveways and road approaches	2.0
	Sidewalk and bikeways	1.0

Fixtures. A lighting fixture shall be architecturally compatible with the primary building. Fixtures shall be shielded and have cutoffs to direct light directly to the ground. This must be accomplished so that light dispersion or glare does not shine above a horizontal plane of 90° from the base of the fixture. Cutoff fixtures must be installed in a horizontal position as designed. Flat lens cutoffs are required. Fixtures shall generally be of dark colors. Pole-mounted fixtures shall not exceed 20 feet in height. High-pressure sodium lights are preferred. Lexan lenses or similar low-glare material is preferred. All lighting shall maintain a uniform ratio of 4:1.

Vision. Lighting shall not interfere with or impair pedestrian or motorist vision.

Procedure. Any use subject to site plan review shall submit a lighting plan describing the lighting component specifications such as lamps, poles, reflectors and bulbs. The lighting plan shall show the illumination levels for the entire site and shall be at a scale consistent with the site plan. The Planning Board may require specific lighting plans to address portions of the site, such as parking lots or pedestrian walkways, for evaluation purposes.

Noise.

Unnecessary, excessive, offensive and/or nuisance noises from all sources are prohibited.

Construction shall be limited to the hours of 6:00 a.m. to 9:00 p.m.

Exemptions. The following uses and activities shall be exempt from noise level regulations.

Air-conditioning equipment when it is functioning in accord with manufacturer's specifications.

Lawn maintenance, agricultural, forestry and snow removal equipment when it is functioning in accordance with manufacturer's specifications and with all mufflers and noise-reducing equipment in use and in proper operating condition.

Nonamplified noises resulting from the activities such as those planned by school, governmental, or community groups.

Noises resulting from any authorized emergency vehicle or warning device when responding to an emergency call or acting in time of emergency.

All noises coming from the normal operations of railroad trains.

Noises of church chimes.

Odor and air pollutants.

No odors may be emitted which are easily detectable and offensive at the property line and which cause annoyance to a person of reasonable sensitivity.

No emission of fly ash, dust, fumes, vapors, toxic gases or other forms of air pollution shall be permitted which can cause any damage to health, animals, vegetation, or other forms of property which can cause any excessive soiling.

Radioactivity and electrical disturbance. No activities shall be permitted which emit dangerous radioactivity or electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance.

Vibration. No vibration shall be permitted which is detectable without an instrument at the property line and which may cause annoyance to a person of reasonable sensitivity.

§ 105-139 Clearing and grading.

Purpose and intent. It is the purpose of this section to prevent the clear-cutting and grading of lots except in association with an approved site plan.

Application. Within a five-year time period, clear-cutting and grading are limited to the following maximums, without obtaining site plan approval:

District
TC, OR	LDR	MDR1	MDR2	IM	LDR	PR
1 acre	5 acres	1.5 acres	3 acres	5 acres	6 acres	10 acres

Any person proposing to clear-cut or grade more than these totals must follow the procedures for and obtain site plan approval in accordance with Article IX, Site Plan Review, of this chapter. This requirement does not apply to bona fide timber harvesting activities involving tree removal from land areas greater than specified above which have properly notified the Town pursuant to § 105-130 of this chapter. These activities may be subject to additional requirements of other regulating agencies.

This regulation does not apply to bona fide timber harvesting activities that are carried out in accordance with DEC regulations.

§ 105-140 Self-storage units.

The following standards shall apply to all self-storage units.

Vegetative buffering and/or fencing shall be provided along road frontage. A Type B buffer[1] shall be provided between the property and adjoining lots. Fencing adjacent to the street shall be a decorative type.

Editor's Note: See § 105-121E.

Lighting shall be designed consistent with the standards in § 105-138D. Twenty-four-hour lighting is prohibited.

Buildings shall be sited perpendicular to the road so that only the end unit faces the road.

The building shall be designed so that it is in harmony with the appearance of the surrounding neighborhood. A false facade or roof shall be used for end units facing the roadway.

The storage of flammable liquids, explosives, hazardous chemicals, radioactive wastes, pets or animals or illegal substances is prohibited.

Hours of access shall be specified by the Planning Board in keeping with the character of the surrounding neighborhood.

§ 105-141 Adult uses.

No adult use may be located:

Within 1,000 feet of another adult use.

Within 1,000 feet of the property line of a school, religious use, public park, public or private recreation facility, community center or other public facility, designated historic district or designated historic site.

Not more than one activity constituting an adult-oriented business shall be permitted within a single building or on a single lot.

No adult-oriented business shall be permitted as a home occupation or in any building also used for residential purposes.

No adult-oriented business shall exceed 5,000 square feet in total floor area.

No motion picture display shall be visible outside the premises of the structure in which the adult use is located.

Adult use establishments shall be properly screened from adjacent properties through the use of fences, walls, landscaping or other means.

The exterior appearance of a building containing adult uses shall be consistent with the character of surrounding structures and shall not detract from the appearance of the neighborhood.

§ 105-142 Accessory structures.

Accessory structures less than 120 square feet in size shall be permitted in all zoning districts. Accessory structures less than 120 square feet in size do not need to comply with the side yard and/or rear yard setback standards of this chapter. Accessory structures greater than 120 square feet in size must comply with the setback requirements of this chapter. If the principal building or use to which the structure is accessory would require site plan review or a special use permit under this chapter, then the accessory use requires such review.

[Amended 5-8-2008 by L.L. No. 1-2008]

Tractor-trailer boxes and railroad transport boxes may not be used as accessory structures.

§ 105-143 Driveway standards.

The following standards shall apply to all private driveways in the Town of Greenfield:

Private driveway grades shall not exceed 12%.

Private driveway grades shall not exceed 3% within 100 feet of the intersection with a public roadway.

Adequately designed road culverts are to be installed at all driveways that connect to a public road.

Driveways in excess of 500 feet must be accessible to and able to hold a fifty-thousand-pound, thirty-foot-long vehicle, as determined by a licensed engineer, with facilities for turning around within 100 feet of any structure.

The street number of a dwelling shall be permanently and conspicuously displayed on a sign, with lettering not less than three inches nor greater than eight inches in height, and placed no more than 25 feet from the road pavement. The sign shall be displayed for both directions of travel.

Shared driveways shall be allowed at the discretion of the Planning Board. For any lots that propose to utilize a shared driveway, an agreement between landowners addressing access and shared maintenance responsibilities shall be provided to the Town and shall be executed by the landowners prior to any building permit being issued. The agreement shall be effective in perpetuity.

§ 105-144 Blasting.

Notice of blasting shall be supplied to the Town Clerk at least 24 hours in advance of the event.

§ 105-145 Outdoor furnaces.

[Amended 5-8-2008 by L.L. No. 1-2008; 11-12-2009 by L.L. No. 2-2009]

Permit required. No person shall cause, allow or maintain the use of an outdoor furnace within the Town of Greenfield without first having obtained a permit from the Building Department. Application for permit shall be made to the Building Department on the forms provided.

Existing furnaces. An outdoor furnace in existence on the effective date of this chapter shall be permitted to remain without the need for a permit or compliance with the requirements of Subsection C, D or E of this section, except for Subsection C(1). "Existing" or "in existence" means that the outdoor furnace is in place on the site.

Specific requirements.

Permitted fuel. Only firewood and untreated lumber are permitted to be burned in any outdoor furnace. Burning of any and all other materials in an outdoor furnace is prohibited.

Permitted zones. Outdoor furnaces shall be permitted in all zoning districts except OR and TC.

With respect to any outdoor furnaces installed, such outdoor furnaces must be set back a minimum of 50 feet from any property line.

Outdoor furnace users must follow all operating instructions supplied by the manufacturer.

Outdoor furnace users must follow the manufacturer's written instructions for recommended loading times and amounts.

Lighter fluids, gasoline or chemicals to start the outdoor furnace are prohibited.

The outdoor furnace must be located with due consideration to the prevailing wind direction.

Stack location.

If located 50 feet from any residence, the stack must be at least two feet higher than the eave line of that residence.

If located more than 50 feet but no more than 100 feet from any residence, the stack height must be at least 75% of the height of the eave line of that residence, plus an additional two feet.

If located more than 100 feet but no more than 200 feet from any residence, the stack height must be at least 50% of the height of the eave line of that residence, plus an additional two feet.

If located more than 150 feet but no more than 200 feet from any residence, the stack height must be at least 25% of the height of the eave line of that residence, plus an additional two feet.

Spark arrestors. All outdoor furnaces shall be equipped with properly functioning spark arrestors.

Nothing contained in this section shall be construed to limit the rights of any resident to commence an action against the permittee to abate a private nuisance.

§ 105-146 Water body setbacks.

No building or structure may be constructed within 50 feet of the mean high-water mark of any permanent, year-round flowing stream or water body within the Town of Greenfield.

§ 105-147 Temporary data collection structures.

[Added 11-12-2009 by L.L. No. 2-2009]

Construction, erection, installation and operation of temporary data collection structures and equipment, including meteorological and other data collection towers and accessory structures, shall be permitted in the PR Zoning District, subject to site plan review by the Planning Board pursuant to Article IX hereof.

The approval of the Planning Board may be granted for a period of not more than 12 months and may be renewed by the Planning Board for one additional twelve-month period.

Data collection towers shall either comply with all existing setback requirements of the zoning district or shall be located with a minimum setback from any property line equal to 1/2 the height of the tower, whichever is greater, to substantially contain on site any ice fall or debris from tower failure. Accessory structures shall comply with the minimum setback requirements of the zoning district.[1]