The purpose of this section is to provide guidance
as to the appropriate parking, loading, sidewalk and curb and buffer
facilities that shall be required in conjunction with new development
or a change of use in the Town of Greenfield.
A. Off-street parking.
(1) Spaces required.
(a)
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. The Planning Board shall determine the parking requirement
for any use not listed or where it is given the discretion to do so.
(b)
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.
(c)
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.
(d)
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:
[1]
Be executed by the owner of said lot or parcel
of land and the parties having beneficial use thereof;
[2]
Be enforceable by either of the parties having
beneficial use thereof as both; and
[3]
Be enforceable against the owner, the parties
having beneficial use, and their heirs, successors and assigns.
(e)
No use may provide parking in excess of 20%
over the amount specified in this section.
(2) Design of off-street parking facilities.
(a)
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.
|
(b)
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.
(c)
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.
(d)
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.
(3) Landscaping requirements for parking areas.
(a)
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.
(b)
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.
(c)
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.
(4) Pavement requirements.
(a)
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.
[1]
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.
[2]
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.
(b)
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%.
(c)
All off-street parking lots shall be adequately
demarcated with reflective painted lines or other markings to indicate
traffic flow and parking spaces.
(5) 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.
B. Commercial landscaping standards.
(1) 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.
(2) 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
|
C. Off-street loading.
(1) 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.
(2) 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
|
(3) 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.
(4) 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.
(5) 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.
D. Curbs and sidewalks.
(1) 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.
(2) Curbing shall be laid in compliance with the following:
(a)
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.
(b)
Granite curbing shall be constructed to show
a vertical face above the pavement surface of at least six inches.
(3) Sidewalks shall be supplied in compliance with the
following:
(a)
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.
(b)
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.
E. Buffers.
(1) Mixed-density residential buffers shall consist of
a naturally landscaped area, including lawns, shrubs and trees creating
a screened effect between dissimilar uses.
(2) 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.
(3) Types of buffer zones between uses.
(a)
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
|
(b)
Any use not specified above is considered a
commercial use, unless otherwise determined by the Planning Board.
(4) Description of buffer types.
(a)
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
|
(b)
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.
(c)
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.
(d)
All industrial and commercial uses shall maintain
a fifty-foot Type C buffer between the use and adjoining lot line
of any cemetery.
(5) Maintenance of buffers. All buffers shall be maintained.
The Planning Board may require that a bond be posted to ensure buffer
maintenance.
[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. 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.
A. 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.
B. An in-law apartment shall be contained inside an existing single-family
dwelling.
C. 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.
D. 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:
(1) The in-law apartment shall not be clearly identifiable from the exterior
as a result of the design of the structure.
(2) The in-law apartment shall not have a separate front entrance from
the outside.
(3) Provisions for parking, service areas and storage shall not exceed
the levels found in adjacent single-family residences.
(4) Adequate water and sewage disposal systems shall be required.
(a)
In-law apartment: Existing septic systems shall be verified
by a New York State Licensed PE as to system capacity and condition.
(b)
A garage apartment shall have a separate septic system from
that of the single-family dwelling and comply with Appendix A310.3.
(5) All construction shall meet the requirements of the New York State
Building Codes.
E. In-law apartment; garage apartment. There shall be only one in-law
apartment or garage apartment per lot.
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:
A. 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.
B. The total minimum area of a campground or travel trailer
camp shall be no less than 10 acres.
C. 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.
D. 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.
E. A properly landscaped buffer area at least 50 feet
in width shall be maintained along all property and street lines.
F. Sanitary and recreational facilities shall be located
to conveniently and safely service the occupants of the facility.
G. The design of roads and walkways within the site must
accommodate pedestrian traffic and provide pedestrian safety.
H. 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.
I. 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.
J. 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.
K. All campgrounds shall provide the following facilities:
(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
L. 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.
M. 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.
N. Circulation.
(1) Pedestrian safety. The design of roads and walkways
within the campground must indicate pedestrian traffic.
(2) 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.
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. Timber harvesting shall be conducted in accordance with
New York State Department of Environmental Conservation timber harvesting
guidelines.
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:
A. General information.
(1) 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.
(2) 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.
(3) Exceptions. None of the provisions of this section
shall be applicable to the following:
(a)
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.
(b)
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.
(4) 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.
B. Required findings by Planning Board for issuance of
special use permit.
(1) 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.
(2) 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:
(a)
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.
(b)
Land surrounding the proposed development can
be developed in coordination with the proposed development and be
compatible in use.
(c)
The proposed change to a mobile home park is
in conformance with the general intent of the Town Comprehensive Land
Use Plan.
(d)
Existing and proposed streets are suitable and
adequate to carry anticipated traffic within the proposed expansion
and in the vicinity of the proposed expansion.
(e)
Existing and proposed utility services are adequate
for the proposed development.
(f)
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.
C. Mobile home park requirements.
(1) 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.
(2) Site.
(a)
The park shall be located in areas where grade
and soil conditions are suitable for use as a mobile home site.
(b)
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.
(c)
The park shall be at least 10 acres in size,
with at least 300 feet of frontage on a public road.
(d)
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.
(e)
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.
(f)
There shall be a Type C buffer as defined in §
105-121E between a mobile home park and each adjoining property.
(3) 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.
(4) Mobile homes.
(a)
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.
(b)
No mobile home or attachment shall be parked
or otherwise located nearer than a distance of:
[1]
At least 15 feet to an adjacent mobile home
lot line.
[2]
At least 25 feet to the park property line or
as prevailing zoning of the site requires, whichever is greater.
[3]
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.
[4]
At least 20 feet to the nearest edge of any
roadway located within the park.
(c)
Only one mobile home shall be permitted to occupy
any one mobile home lot.
(d)
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.
(5) Mobile home stands.
(a)
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.
(b)
The stand shall be suitably graded to permit
rapid surface drainage.
(6) Accessibility.
(a)
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.
(b)
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.
(c)
All entrances and exits shall be at a right
angle to the existing public highway or street.
(d)
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.
(e)
All entrances and exits shall be of sufficient
width to facilitate the turning movements of vehicles with mobile
homes attached.
(7) 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.)
(a)
The street system shall be designed to permit
the safe and convenient vehicular circulation within the park.
(b)
Streets shall be adapted to the topography and
shall have suitable alignment and gradient for traffic safety.
(c)
All streets shall intersect at angles of not
less than 80°.
(d)
All streets shall be surfaced with a bituminous
material.
(e)
All streets shall have a minimum paved width
of 18 feet and contain two four-foot shoulders.
(f)
An all-weather, dustless driveway shall be provided
for each mobile home lot. This driveway shall have a minimum width
of 10 feet.
(8) Parking.
(a)
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.
(b)
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:
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
Mailboxes shall be clustered attractively and
located near the main entrance road.
(10)
Common open space and landscaping.
(a)
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.
(b)
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.
(c)
Mobile home parks and individual mobile home
lots shall be appropriately and attractively landscaped.
[Amended 7-12-2007 by L.L. No. 2-2007; 9-8-2011 by L.L. No.
1-2011]
A. 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.
B. Installation of manufactured homes on individual unimproved residential
lots shall conform to the following standards:
(1) 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.
(2) 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.
(3) 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.
(4) All manufactured housing shall comply with the Residential Code of
New York State, Appendix E, and Title 19, NYCRR Chapter XXXII, Part
1210.
(5)
A manufactured home placed on an individual unimproved lot shall
not be more than 10 years old.
C. Installation of replacement manufactured homes on individual residential
lots shall conform to the following standards:
(1) 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.
(2) Size of replacement home.
(a)
A replacement manufactured home of the same dimensions or smaller
than the existing manufactured home may be placed in the same location.
(b)
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.
(3)
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.
(4)
All manufactured housing shall comply with the Residential Code
of New York State, Appendix E, and Title 19, NYCRR, Chapter XXXII,
Part 1210.
(5)
A replacement manufactured home placed on an individual unimproved
lot shall not be more than 10 years old.
D. Foundation standards.
(1)
The foundation of any manufactured home shall be constructed
in accordance with the Residential Code of New York State, Appendix
E, Section AE502.
(2)
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.
E. 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.
[Added 11-12-2009 by L.L. No. 2-2009]
A. 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.
B. 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.
C. 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.
D. 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:
(1)
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.
(2)
A site plan prepared by a licensed professional engineer, including:
(a)
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;
(b)
Public roads and adjoining properties within 300 feet of the
boundaries of any proposed wind turbines;
(c)
Location of each proposed wind turbine, wind measurement tower
and accessory facilities or equipment;
(d)
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;
(e)
Locations of setback distances as required by this section;
(f)
All other proposed facilities, including, without limitation,
access roads, electrical substations, storage or maintenance units,
and fencing;
(g)
All site plan application materials required under §
105-133 of the Zoning Law of the Town of Greenfield; and
(h)
Such other information as may be required by the Planning Board.
E. 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.
F. 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.
G. 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.
H. 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.
I. Adjacent property owners. List of property owners, with their mailing
addresses within 300 feet of the outer boundaries of the proposed
site.
J. Application requirements: wind energy facilities.
(1)
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.
(2)
A complaint resolution process to address complaints from nearby
residents.
(3)
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.
(4)
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.
(5)
Predicted wind-turbine-only sound analysis:
(a)
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.
(b)
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.
(c)
Statement of existing and future projected noise measurements.
[1]
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.
[2]
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.
(6)
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.
K. Environmental review.
(1)
Compliance with the State Environmental Quality Review Act (SEQRA)
shall be required.
(2)
Applicants shall submit the following materials to the Town
of Greenfield Planning Board:
(a)
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.
(b)
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:
[1]
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.
[2]
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.
[3]
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.
[4]
Fiscal and economic impact analysis.
[5]
An assessment of potential electromagnetic interference with
microwave, radio, television, personal communication systems, 911
and other wireless communication.
[6]
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.
[7]
An assessment of potential shadow flicker at off-site residences.
L. Application review process.
(1)
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.
(2)
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.
(3)
Notice of the project shall also be given in accordance with
General Municipal Law.
(4)
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.
(5)
A copy of the applicant lease agreement (if one exists) shall
be provided to the Planning Board at the start of the review process.
M. Wind energy facility development standards. The following standards
shall apply to wind energy facilities only.
(1)
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.
(2)
Wind turbines and towers must be white in color.
(3)
No advertising signs are allowed on any part of the wind energy
facility, including fencing and support structures.
(4)
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.
(5)
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.
(6)
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.
(7)
Wind turbines shall be located in a manner that minimizes shadow
flicker on residences.
(8)
No large scale herbicides or insecticides application shall
be used on or off site during or following construction.
N. Setbacks, noise and height limits.
(1)
Except as provided herein, each wind turbine associated with
a wind energy facility shall be set back as follows:
(a)
A distance no less than 1,000 feet from residences.
(b)
A distance no less than 300 feet from off-site property boundaries.
(c)
A distance no less than 300 feet from the center line of any
public road.
(2)
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.
(3)
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.
(4)
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.)
(5)
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.
O. Required site safety measures for wind energy facilities, small wind
energy facilities, and wind measurement towers.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
P. Traffic routes and road maintenance for wind energy facilities. The
provisions of this section shall apply to wind energy facilities only.
(1)
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.
(2)
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.
(3)
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.
Q. Issuance of wind energy facility, small wind energy facility and
wind measurement tower permits and certificates of conformity.
(1)
The Planning Board shall, within 180 days of either issuing
State Environmental Quality Review Act (SEQRA) 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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
With the change of ownership of the structure the new owner
shall comply with all environmental, site plan review or special use
permit requirements.
R. Abatement.
(1)
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.
(2)
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.
(3)
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:
(a)
Removal of all machinery, equipment, equipment shelters, and
security barriers from the subject property.
(b)
Proper disposal of the waste materials (including hazardous
liquids) from the site in accordance with local and state solid waste
disposal regulations.
(c)
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.
(4)
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.
(5)
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.
S. 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.
T. Fees. The applicant shall pay for reasonable attorneys' and engineering fees associated with this application as per Chapter
A210, Fee Schedule.
U. Enforcement; penalties for offenses.
(1)
Enforcement Officer. The Town of Greenfield Town Code Enforcement
Officer shall be considered the Enforcement Officer for purposes of
this section.
(2)
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.
(3)
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.
V. 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:
(1)
A completed application for a permit on a form provided by the
Town Building Department.
(2)
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.
(a)
If guy wires are to be used, the location and type of fencing
used to enclose them shall be shown on the site plan.
(b)
Such other information as may be required by the Town Building
Department.
(3)
Professional engineer stamped plans are required.
[Added 11-22-2016 by L.L.
No. 4-2016]
A. 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:
(1)
Taking advantage of a safe, abundant, renewable and nonpolluting
energy resource;
(2)
Decreasing the cost of energy to the owners of residential and
commercial properties, including single-family houses; and
(3)
Increasing employment and business development in the region
by furthering the installation of solar energy systems and facilities.
B. 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.
C. Types of solar energy systems and facilities.
(1)
Roof-mounted solar energy systems.
(a)
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.)
(b)
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.
(c)
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.
(2)
Ground-mounted solar energy systems and facilities.
(a)
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.
(b)
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.
(c)
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.
D. Design standards.
(1)
Roof-mounted solar energy system design requirements:
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(2)
Ground-mounted solar energy systems and facilities design requirements:
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
(g)
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.
(h)
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.
(i)
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.
E. Application requirements.
(1)
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.
(a)
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.
(2)
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:
(a)
The location of proposed solar energy elements, equipment and
accessory facilities or equipment;
(b)
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;
(c)
All other proposed facilities, including, without limitation,
access roads, electrical substations, storage or maintenance units,
fencing, screening and buffers;
(d)
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;
(e)
A construction schedule describing anticipated commencement
and completion dates for the solar energy system or facility;
(f)
An operations and maintenance plan that provides for regular
periodic maintenance schedules and any special maintenance requirements;
(g)
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;
(h)
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;
(i)
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:
[1]
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.
[2]
A statement of projected glare impact shall be submitted, certified
and signed by a qualified engineer, stating the proposed glare impact
analysis is accurate.
[3]
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.
F. Environmental review.
(1)
Compliance with the State Environmental Quality Review Act (SEQRA)
shall be required.
(2)
An applicant shall submit the following materials to the Town
of Greenfield Planning Board:
(a)
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.
(b)
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.
[1]
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] 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] 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.
[2]
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.
[3]
Fiscal and economic impact analysis.
G. Issuance of permits and certificates of conformity.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
(7)
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.
H. 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.
|
I. Abatement.
(1)
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.
(2)
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.
(3)
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:
(a)
Removal of all machinery, equipment, equipment-shelters, and
security barriers from the subject property;
(b)
Proper disposal of the waste materials (including hazardous
liquids) from the site in accordance with local and state solid waste
disposal regulations; and
(c)
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.
(4)
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.
J. Fees. The applicant shall pay for reasonable attorneys' fees, engineering fees and other costs associated with this section, pursuant to Chapter
A210, Fee Schedule.
K. Enforcement; penalties for offenses.
(1)
Enforcement Officer. The Town of Greenfield Code Enforcement
Officer shall be considered the Enforcement Officer for purposes of
this section.
(2)
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.
(3)
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.
The following standards shall apply to all self-storage
units.
A. Vegetative buffering and/or fencing shall be provided
along road frontage. A Type B buffer shall be provided between the property and adjoining lots.
Fencing adjacent to the street shall be a decorative type.
B. Lighting shall be designed consistent with the standards in §
105-138D. Twenty-four-hour lighting is prohibited.
C. Buildings shall be sited perpendicular to the road
so that only the end unit faces the road.
D. 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.
E. The storage of flammable liquids, explosives, hazardous
chemicals, radioactive wastes, pets or animals or illegal substances
is prohibited.
F. Hours of access shall be specified by the Planning
Board in keeping with the character of the surrounding neighborhood.
The following standards shall apply to all private
driveways in the Town of Greenfield:
A. Private driveway grades shall not exceed 12%.
B. Private driveway grades shall not exceed 3% within
100 feet of the intersection with a public roadway.
C. Adequately designed road culverts are to be installed
at all driveways that connect to a public road.
D. 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.
E. 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.
F. 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.
Notice of blasting shall be supplied to the
Town Clerk at least 24 hours in advance of the event.
[Amended 5-8-2008 by L.L. No. 1-2008; 11-12-2009 by L.L. No.
2-2009]
A. 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.
B. 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.
C. Specific requirements.
(1) 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.
(2) Permitted zones. Outdoor furnaces shall be permitted in all zoning
districts except OR and TC.
(3) With respect to any outdoor furnaces installed, such outdoor furnaces
must be set back a minimum of 50 feet from any property line.
(4) Outdoor furnace users must follow all operating instructions supplied
by the manufacturer.
(5)
Outdoor furnace users must follow the manufacturer's written
instructions for recommended loading times and amounts.
(6)
Lighter fluids, gasoline or chemicals to start the outdoor furnace
are prohibited.
(7)
The outdoor furnace must be located with due consideration to
the prevailing wind direction.
(8)
Stack location.
(a)
If located 50 feet from any residence, the stack must be at
least two feet higher than the eave line of that residence.
(b)
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.
(c)
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.
(d)
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.
D. Spark arrestors. All outdoor furnaces shall be equipped with properly
functioning spark arrestors.
E. 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.
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.
[Added 11-12-2009 by L.L. No. 2-2009]
A. 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.
B. 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.
C. 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.
D. All proposed temporary data collection structures shall be located
on a single parcel. If the 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.
E. Minimum lot size for parcels containing temporary data collection
structures shall be determined by the amount of land required to meet
the setback requirements.
F. Data collection towers and 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 information.
G. Existing on-site vegetation shall be preserved to the maximum extent
possible.
H. All temporary data collection structures shall be enclosed by a fence
unless the Planning Board determines that a fence is not necessary
to ensure the security of the facility and protect the health, safety
and welfare of the public.
I. The applicant shall submit to the Planning Board a letter of intent
committing the owner of a temporary data collection structure and
any successors in interest to notifying the Building Inspector within
30 days of the discontinuance of use of the structure. Towers and
accessory structures shall be removed from the site within 30 days
of such notification or of expiration of the Planning Board approval
and any extensions.