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.[1] The Planning Board shall determine the parking requirement
for any use not listed or where it is given the discretion to do so.
[1]
Editor's Note: Table 3, Parking Requirements,
is included at the end of this chapter.
(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.[2]
[2]
Editor's Note: Table 1, Use Regulations, and
Table 2, Area Regulations, are included at the end of this chapter.
(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.
A.
Purpose and authority. To enable and encourage flexibility
of design and development of land in such a manner as to promote the
most appropriate use of land, to facilitate the adequate and economical
provision of streets and utilities and to preserve the natural and
scenic qualities of open lands, the Planning Board, in reviewing or
approving proposed residential developments, may approve or require
approaches to housing and environmental design in accordance with
the provisions of this article and § 281 of the New York
State Town Law.[1]
[1]
Editor's Note: Former § 281 of the
New York State Town Law was renumbered as § 278 by L. 1992,
c. 727, § 3.
B.
Applicability.
(1)
The provisions of this section shall apply to applications
for division of land parcels containing a total land area of appropriate
size and dimension which can accommodate at least five building lots
according to the standards of this chapter and which can be classified
as major subdivisions under the Subdivision Regulations of the Town
of Greenfield.[2]
(2)
Voluntary application. An owner of property within
any residential zoning district may make application under this section
at preliminary sketch plan application, provided that the site meets
the minimum requirements defined above.
(3)
Required application. The Planning Board may, at its
discretion, require that a land parcel meeting the minimum requirements
under this section be developed in a cluster design, provided that
the parcel possesses one or more of the following site characteristics:
(a)
Flood hazard areas in accordance with the Federal
Emergency Management Agency's Flood Insurance Rate Maps.
(b)
Environmentally sensitive areas as designated
by the Comprehensive Plan and Map.
(c)
State or National Register historic sites or
other areas of historical significance to the Town.
(d)
The presence of a significant plant or wildlife
habitat.
(e)
The presence of significant wetland areas.
(f)
The presence of significant areas of steep slopes.
(g)
The presence of significant areas of soils with
poor percolation characteristics, shallow depth to groundwater or
a shallow depth to bedrock.
(h)
Sites with significant views or with significant
visibility from other areas of the Town.
(i)
Other areas of environmental or scenic significance
as may be mapped and designated by the Planning Board, such as a stream
protection corridor or greenway recreation area.
C.
Procedures.
(1)
The subdivider, in making voluntary or required application under this section, shall present two preliminary plats or two sketch plans at the time of application under § 90-20 of Chapter 90 of the Code of the Town of Greenfield, New York. One shall be a layout of a conventional subdivision in strict compliance with the rules and regulations contained within Town zoning and subdivision legislation. The other shall be a layout outlining development of the parcel in the form of a cluster development.
(2)
Upon submission of an application under this section, the subdivider shall present all information required in § 90-20 of Chapter 90 of the Code of the Town of Greenfield, New York, supplemented by evidence of the consistency of the proposed cluster development with the criteria to be used by the Planning Board in rendering its decision. Such evidence shall include a written statement describing the natural features to be preserved or enhanced by the cluster approach. The statement should also compare the impacts upon the Town from a conventional subdivision layout to the impacts of the cluster development for which application is being sought.
D.
General design requirements.
(1)
A cluster development shall meet all requirements
for a subdivision in accordance with prevailing Town Law and any other
federal, state and local law, with the exception of the minimum required
front and rear yards, setbacks and lot size.
(2)
Each building in a cluster development shall be an
integral element of an overall concept for the site. The concept should
take into consideration all requirements of this section and all other
relevant sections of this chapter and other Town legislation.
(3)
The overall development shall be oriented in such
a way as to maximize the preservation of environmental, cultural or
recreational resource(s) present at the site.
(4)
The area dedicated for open space purposes, including
playgrounds and parks, shall be in an amount, location, quality and
shape as is desirable for accessibility to all developed properties
and open space preservation, as determined by the Planning Board.
(5)
Where possible, all land not contained within the
lots, road right-of-way or designated preserve land shall be contiguous
and of such size and shape as to be usable for recreation and/or open
space.
E.
Density. The overall density of a cluster development
shall not exceed the maximum dwelling units permitted per acre in
accordance with § 281 of the New York State Town Law.[3] The correct cluster shall be reviewed by the Planning
Board prior to action on the preliminary plat for compliance with
these regulations and any other relevant legislation.
[3]
Editor's Note: Former § 281 of the
New York State Town Law was renumbered as § 278 by L. 1992,
c. 727, § 3.
F.
Permitted uses. Permitted uses in a cluster development
shall be the same as those allowed by the prevailing Town zoning district
where the development is proposed.
G.
Calculation of maximum buildable lots. The maximum
buildable number of lots for a clustered subdivision shall be calculated
as follows.
(1)
From the total area of the property to be divided,
subtract:
(a)
Any unbuildable areas such as local, state or
federally regulated wetlands.
(b)
Rock outcrops.
(c)
Slopes in excess of 15%.
(d)
The area to be occupied by the proposed streets'
rights-of-way.
(e)
Any area occupied by other public easements
or rights-of-way across the property such as major power or telephone
lines.
(2)
Then divide the remaining acreage by the minimum lot
size in the zone in which the lots will be located.
H.
Clustering of structures, lot sizes and dimensions.
(1)
Clustering of structures. Residential building lots
proposed under this section shall be organized into clusters or groupings
of individual building lots. No cluster of building lots shall contain
less than five lots.
(2)
Minimum lot size. An individual building lot in a
cluster development shall not be less than 1/4 the required acreage
of that required for a similar building lot under the prevailing zoning
district, and in no case shall an individual building lot be less
than 1/2 acre.
(3)
Setbacks. Each cluster of buildings shall be set back
a minimum of 100 feet from any adjoining property or any Town right-of-way
except that which is designated for exclusive use by residents of
the development.
(4)
Yards. Each individual residential building within
a cluster development shall have a minimum front and rear yard of
50 feet and a minimum side yard the same as required under the zoning
district in which the project is located.
I.
Open space.
(1)
All land not included in building lots or road rights-of-way
shall be designated as open space. At minimum, open space within a
development should equal or exceed the difference between the total
land area required for building lots under a conventional subdivision
and the total land area required for building lots under the proposed
cluster development.
(2)
Where a cluster development abuts a body of water,
a usable portion of the shoreline, as well as reasonable access to
it, should be a part of the open space.
(3)
The ownership of land dedicated for park, recreation
or open space use shall be determined by the property owner or applicant.
The person or entity having the right of ownership shall be responsible
for its proper maintenance and continued upkeep. Ownership shall be
with one of the following: the Town; another public jurisdiction or
agency; a private, not-for-profit organization incorporated with a
purpose consistent with the use and management requirements of the
dedicated land; shared, common interest by all property owners in
a subdivision; a homeowners', condominium or cooperative association
or organization; or private ownership encumbered by a conservation
easement pursuant to § 247 of the General Municipal Law
or §§ 49-0301 through 49-0311 of the Environmental
Conservation Law. Nothing in this section shall supersede the Town
Board's right and responsibility to determine land to be acquired
for Town parks, after consulting with the Planning Board and Recreation
Commission.
J.
Action by the Planning Board.
(1)
The Planning Board, prior to acting on an application
for preliminary plat review, within the time limits established in
the Town Subdivision Regulations,[4] shall refer all relevant information of the application
for review and comment to the Town Engineer, Environmental Commission
and any other bodies at its discretion. All and any comments on the
application received within the time limits established in the Town
Subdivision Regulations shall be reviewed and considered prior to
Planning Board action on the application.
(2)
The Planning Board may approve a voluntary application
for cluster development or mandate cluster development under a required
application if the proposed development complies with the standards
of this chapter and other relevant laws and if, in its opinion, based
on review of evidence about the site, traditional site layout would
result in the elimination or permanent alteration of at least 60%
of one or 60% of any combination of the following attributes present
on the site. (NOTE: For example, if 25% of the area of a fifty-year
floodplain present at the site will be impacted by the proposed development,
25% of the area of a sensitive environmental condition will be impacted
and 15% of a critical environmental condition present will be impacted,
all totaled 65% of these subdivision of land attributes combined will
be impacted, and cluster development shall be approved or mandated.)
(a)
A fifty- or one-hundred-year flood hazard area
as designated by the Federal Emergency Management Agency's Flood Insurance
Maps.
(b)
An environmentally sensitive area as designated
by the Comprehensive Plan and Map.
(c)
A National Register historic site.
(d)
Other areas of environmental or scenic significance
as may be mapped and designated by the Planning Board, such as a stream
protection corridor or greenway recreation area.
(3)
In the event that the criteria listed above are not
met by the proposed development, the Planning Board may approve a
voluntary application for cluster development if, in its opinion,
the development of the site in a cluster design shall achieve one
or more of the following objectives:
(a)
The proposed cluster development shall protect
natural and scenic resources on, adjacent to or near the site better
than a conventional site layout.
(b)
The proposed cluster development shall contribute
to Town-wide open space planning by creating or complementing a system
of permanently preserved open spaces.
(c)
Sufficient evidence has been presented by the
applicant to document that the proposed cluster development shall
foster housing for special sectors of the community, including those
groups identified in the Comprehensive Land Use Plan as populations
which may require special housing initiatives to meet their particular
needs (e.g., elderly residents or first-time homebuyers).
K.
Reservation of open space lands.
(1)
As a condition of final plat approval of a cluster
development, a perpetual conservation easement and/or other rights
to property shall be placed on open space land which have the minimal
effect of restricting development permanently and allowing use of
such open land only for agriculture, forest management, active or
passive recreation, watershed protection, wildlife habitat or other
open space use and prohibiting residential, industrial or commercial
use, pursuant to the open space requirements of this chapter and the
Town Subdivision Regulations.[5]
(2)
As outlined under § 105-126C of this chapter, open space created by the use of cluster development shall be clearly labeled on the final plat as to its shape, use, ownership, management, method of preservation and the rights to such land, if any, of the property owners of the subdivision and the general public. The plat should clearly identify that the open space is permanently reserved for open space purposes and shall not be platted for building lots. It shall indicate the book and page number of any conservation easements or deed restrictions required to be filed to implement such reservation of open space.
A.
Purpose. The purpose of this section is to permit
such signs that shall not, by their size, location, construction or
manner of display, obstruct the vision necessary for traffic safety
or otherwise endanger public safety. It is intended to protect property
values, to create a more attractive economic and business climate,
to enhance and protect the physical appearance of the community, to
preserve scenic and natural beauty and to provide more visual open
space by permitting and regulating signs in such a way as to support
and complement the objectives and goals of the Town's Comprehensive
Land Use Plan.
B.
General provisions.
(1)
For the purpose of this section, a "sign" shall be
defined as any device designed to inform or attract the attention
of persons not on the premises on which the sign is located.
(2)
No person, firm or corporation shall hereafter erect,
reerect, construct or structurally alter a sign or sign structure
without first obtaining a permit issued by the Code Enforcement Officer.
(3)
Every application for a sign permit shall be accompanied
by plans to scale showing the area of the sign; the position of the
sign in relation to nearby buildings or structures; the location of
the building, structure or lot to which or upon which the sign is
to be attached or erected; the method of illumination, if any; and
statements indicating compliance with appropriate construction standards.
(4)
No permanent sign, other than an official traffic
sign, shall be erected within the right-of-way of any public street
or highway.
(5)
The maximum sign area requirements as set forth in
this section shall apply to a single side of a sign. On a two-sided
sign, only one side shall be counted in computing the sign's area.
A sign may not have more than two sides.
(6)
The provisions of this section relating to signs shall
apply in all zoning districts.
(7)
Signs shall be considered to be accessory to the principal
use of the premises and shall pertain only to activities or products
available on the premises.
(8)
No sign shall be permitted which causes a traffic,
health or safety hazard or creates a nuisance due to its placement,
display or manner of construction. No sign shall be located so as
to obstruct views of traffic.
(9)
Nonconforming signs which existed prior to the adoption
of this section may not be relocated or altered except in conformance
with this section. Any change in the content of a nonconforming sign,
including names, words, logos or similar information, shall constitute
an alteration requiring conformance with this section.
(11)
The following types of signs shall be allowed
in all districts and shall not be subject to permitting by the Town
of Greenfield:
[Amended 7-12-2007 by L.L. No. 2-2007]
(a)
Temporary signs.
[1]
Private owner merchandise sale signs for garage
sales and auctions located on the premises, not exceeding four square
feet, for a period not exceeding seven days in any one month.
[2]
Temporary nonilluminated "For Sale," "For Rent"
or "For Lease" real estate signs and signs of a similar nature, concerning
the premises upon which the sign is located; in a residential zoning
district, one sign not exceeding four square feet per side; in a commercially
zoned district, one sign not exceeding 50 square feet total, set back
at least 15 feet from all property lines. All such signs shall be
removed within three days after the sale, lease or rental of the premises.
[3]
Temporary nonilluminated window signs and posters
not exceeding 25% of the window surface.
[4]
Christmas holiday decorations, including lighting
and displays.
[5]
Directional signs for meetings, conventions
and other assemblies, not including sales events such as flea markets
or garage sales.
[6]
One sign, not exceeding six square feet in a
residential district nor 16 square feet in a commercial district,
listing the architect, engineer, contractor and/or owner on the premises
where construction, renovation or repair is in progress.
[7]
Political posters, banners, promotional devices
and similar signs, not exceeding four square feet in residential districts
nor 16 square feet in a commercial district, provided that placement
shall not exceed 30 days prior to the election, be it general or primary,
to which they pertain, through five days following the election.
[8]
Signs displayed for the "Town Wide Garage Sale" are not limited in
size and shall not be displayed more than 60 days prior to the event.
[Added 9-8-2011 by L.L. No. 1-2011]
(b)
Permanent signs:
[1]
Historical markers, tablets and statues, memorial
signs and plaques; names of buildings and dates of erection when cut
into any masonry surface or when constructed of bronze, stainless
steel or similar material; and emblems installed by governmental agencies
or religious or nonprofit organizations, not exceeding six square
feet.
[2]
Flags and insignia of any government, except
when displayed in connection with commercial promotion.
[3]
On-premises directional signs for the convenience
of the general public, identifying public parking areas, fire zones,
entrances and exits, subject to site plan review.
[4]
Nonilluminated "Warning," "Private Drive," "Posted"
or "No Trespassing" signs, not exceeding two square feet.
[5]
Numbers and nameplates, identifying residences
or businesses, mounted on the house, building, apartment or mailbox,
not exceeding one square foot in area.
[6]
Lawn signs identifying residences, not exceeding
one square foot or two square feet, if double-faced. Such signs are
to be nonilluminated, except by a light which is an integral part
of a lamppost, if used as a support, with no advertising message thereon.
[7]
Occupational signs announcing the names and
addresses of occupants of the premises and attached to said premises
and including professional nameplates and signs announcing permitted
home occupations. Occupational signs shall not exceed three square
feet in area, and the highest part of any occupational sign shall
not be in excess of six feet from ground level. No more than one sign
shall be permitted to advertise any single permitted use.
(12)
It shall be unlawful to erect or maintain the
following types of signs at any location in the Town unless otherwise
noted herein:
(a)
Any sign which is not expressly permitted under
the provisions of this chapter.
(b)
Any flashing sign.
(c)
Any animated sign.
(d)
Neon lights, for an exterior sign and/or a building
decoration, shall be prohibited.
(e)
Internally lit signs are prohibited. Externally
illuminated signs are permitted, subject to the restrictions of this
article.
(13)
Freestanding signs. If freestanding signs are
used to identify two or more uses in a single structure, one freestanding
sign shall be required, rather than individual freestanding signs
for each use. The total square footage of this single sign shall not
exceed the allowable sign area per use or 100 square feet, whichever
is less. This total shall include the name of the structure in which
the uses are located.
C.
Sign permits required. In addition to those signs expressly permitted under § 105-123B(11), the following regulations shall govern the erection, alteration or relocation of signs within the Town. No sign listed below shall be erected, altered or relocated until a sign permit is obtained from the official duly designated by the Town Board (the "official") to administer and enforce the provisions of this section.
(1)
In the LDR, MDR1, MDR2 and PR Districts, signs which
advertise or draw attention to permitted residential developments
or farm or forestry operations and signs publicizing home occupations
with an area greater than three feet. No sign shall exceed six square
feet in area. All signs shall be placed or sited on the lot or property
to which the sign applies. Any sign attached to a building shall be
flush to the building and not extend out from the building more than
one foot in any direction. Any freestanding sign shall not stand any
higher than six feet from the ground to the highest point on the sign.
No more than one sign shall be permitted to advertise any single use.
(2)
In the IM District, one business sign, which shall
be flush to and connected with the building and shall not exceed 20
square feet in size, and one freestanding sign identifying the industrial
area, not exceeding 30 square feet in size. Any freestanding sign
shall not stand any higher than 10 feet from the ground to the highest
point on the sign.
(3)
In the TC and OR Districts, one sign that identifies
the permitted business or office use. Such sign shall be flush to
and connected with the building and shall not exceed 10 square feet
in size. One freestanding sign shall be permitted for each principal
business or office use, and such sign may be used to identify any
or all business uses in such structure. A freestanding business sign
shall not exceed 10 square feet in size. Any freestanding sign shall
not stand any higher than six feet from the ground to the highest
point on the sign. One awning adhered to the building and advertising
the principal use of the building shall also be allowed.
D.
Permit process. The applicant shall be required to
submit to the official a completed sign permit application and a sketch
to scale of the proposed sign, which indicates the graphic design,
visual message, text and content of the sign, prior to erection, alteration
or relocation. The official shall issue a sign permit to the applicant
upon satisfaction that the sign shall comply with the standards dictated
here and upon receipt of any sign permit fee as may be levied by the
Town Board.
E.
Duration of permits. A sign permit shall be valid
indefinitely, notwithstanding the requirements of this article pertaining
to alteration or relocation of signs.
[Amended 11-12-2009 by L.L. No. 2-2009]
In-law and garage apartments shall be permitted as specified in the Schedule of Uses, Article III, Attachment 4, Table 1, and Use Regulations.[1] An in-law apartment meeting the following standards shall be considered to be part of a single-family dwelling and shall not be considered to be a dwelling unit. A garage apartment meeting the following standards shall be considered to be a single-family dwelling and shall conform to the space and area regulations as specified in Area Regulations, Article III, Attachment 5, and Table 2.[2]
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.
(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.
A.
Ownership.
(1)
Open space land created under this chapter or the
Town Subdivision Regulations[1] shall be owned in common by a homeowners' association,
dedicated to the Town, county or state, transferred to a nonprofit
agency acceptable to the Planning Board, held in private ownership
or held in such other form of ownership as the Planning Board determines
acceptable to carry out the intent of this chapter, the Town Comprehensive
Land Use Plan and the Subdivision Regulations.
(2)
In general, open lands which are environmentally sensitive
and not suitable for development or are suitable for extensive public
use, should be conveyed to the Town or a nonprofit corporation suitable
to manage environmentally sensitive lands or public park facilities.
Land which shall be principally used by the residents of the development
should be conveyed to a homeowners' association. The Planning Board
shall recommend to the Town Board whether the Town should accept open
lands proposed for dedication.
(3)
If any land is to be held in common by a homeowners'
association, the declaration and bylaws of the proposed homeowners'
association shall be submitted by the applicant to the Planning Board
prior to final plat approval. The declaration and bylaws shall be
reviewed by the Town Attorney to ensure that the homeowners' association
is established:
(a)
In accordance with all applicable provisions
of state and federal law.
(b)
With provision that membership is mandatory
for each lot owner, who must be required by covenants and restrictions
to pay fees for taxes, insurance and maintenance of common property
and failure to pay such membership fee shall result in a lien on the
member's property.
B.
Maintenance. Minimum ongoing maintenance standards
shall be established within property deed covenants and be enforceable
by the Town against an owner of open space land as a condition of
final plat approval. Minimum maintenance standards shall be established
by the applicant and approved by the Planning Board prior to final
plat approval to assure that the open space does not detract from
the positive character of the neighborhood.
C.
Enforcement.
(1)
The Town Board may, upon finding that open space set
aside is being maintained in such a manner as to constitute a public
nuisance, upon 30 days' written notice to the owner, enter the premise
for the purpose of performing the necessary maintenance, the cost
of which shall be assessed against the owner or, in the case of a
homeowners' association, the owners of the properties within the association
and shall, if unpaid, become a tax lien on said property title.
(2)
In the event that land is to remain open permanently
in accordance with this chapter or the Town Subdivision Regulations,[2] further subdivision of common land shall be prohibited.
A perpetual conservation easement and/or other rights to property,
including fee simple interest, which have the minimum effect of restricting
development of the open space land and allowing use as prescribed
in this chapter, shall be granted to the Town, a qualified not-for-profit
conservation organization or a homeowners' association, as may be
acceptable to the Planning Board. Such conservation easement or other
rights shall be reviewed and approved by the Town Attorney and required
as a condition of final plat approval. Said conservation easement
shall not be amendable to permit commercial, industrial or residential
development and shall be recorded in the County Clerk's office prior
to signing an approved final plat.
(3)
The existence of lands to remain open permanently
in accordance with this chapter or the Town Subdivision Regulations
shall be clearly included on the final subdivision plat, with the
shape, use, ownership, management, method of preservation and the
rights to such land, if any, of the property owners of the subdivision
and the general public indicated. The final plat shall clearly identify
that the open space is permanently reserved for open space purposes
and shall not be platted for building lots. The final plat shall indicate
the book and page number of any conservation easements or deed restrictions
required to be filed to implement such reservation under the open
space regulations contained in this chapter.
D.
Use. Land designated for open space shall be restricted
to noncommercial, nonintensive recreation and passive or active recreational
purposes, including but not limited to preserve areas, golf courses,
riding trails, tennis courts, gardens, swimming pools, accessory structures,
wells and septic facilities. Exception may be granted for underground
utility easements. The Planning Board may permit open land owned by
a homeowners' association to be used for individual septic systems
or for communal septic systems, in accordance with the requirements
set forth under Town legislation.
A.
A contractor storage yard may only be permitted in
connection with a principal permitted use, except in the IM Zone.
[Amended 7-12-2007 by L.L. No. 2-2007]
B.
Vehicles stored at a contractor storage yard should be parked in the rear of the property or have a Type B buffer as defined in § 105-121.
C.
Storage of building materials, supplies, parts, etc.,
must be indoors unless approved by special use permit.
D.
No more than eight vehicles propelled by their own
power (i.e., not including trailers) with a gross vehicle weight of
26,000 pounds or more may be stored at a large contractor storage
yard.
E.
No more than two vehicles propelled by their own power
(i.e., not including trailers) with a gross vehicle weight of 26,000
pounds or more may be stored at a small contractor storage yard.
A.
Purpose. It is the purpose of this section to regulate
the operation of home occupations to ensure that the home occupation
remains secondary or incidental to the residential use. The right
of the nearby property owners to be free of nuisances caused by certain
home occupations is recognized. Only those uses will be allowed which:
B.
Classification of home occupations.
(1)
Type I home occupations will have no impact on the
surrounding neighborhood and are characterized by the following criteria:
(a)
The business has not more than one full-time
equivalent employee on premises who does not reside in the home. The
business may have additional employees who do not work on premises.
(b)
The business has no customer traffic.
(c)
There are no deliveries to or from the home
occupation other than routine mail and incidental package delivery.
(d)
No equipment is used other than normally used
in household, domestic, or general office use.
(e)
There is no visible exterior evidence of the
occupation.
(2)
Type II home occupations have the potential to have
a greater impact on the surrounding neighborhood than Type I home
occupations and are characterized by the following criteria:
(a)
The business may have up to three full-time
equivalent employees. The business may have additional employees who
do not work on premises.
(b)
The business may have customer traffic.
(c)
There may be deliveries to or from the home
occupation in addition to routine mail and incidental package delivery.
(d)
Equipment, other than normally used in household,
domestic, or general office use, may be used.
(e)
There may be visible exterior evidence of the
occupation such as signs, materials or equipment storage.
C.
Standards. All home occupations shall meet the following
criteria:
(1)
Floor area. The home occupation shall not occupy more
than 25% of the gross floor area of any single family structure.
(2)
Number of occupations per dwelling. No more than one
home occupation shall be permitted within any single dwelling unit.
(3)
Limitations on nonresidents. The individual primarily
responsible for the home occupation shall reside in the dwelling unit.
(4)
Employees. Only one employee, in addition to the immediate
family permanently residing on the premises, shall be employed in
a Type I home occupation. A Type 2 home occupation may have up to
three employees.
(5)
Hours of operation. The hours of operation shall be
as determined by the Planning Board during the special use permit
process.
(6)
Storage. There shall be no storage of equipment, vehicles
or supplies associated with the Type I home occupation outside the
dwelling or any accessory building.
D.
Procedures: special use permit. Every Type II home occupation shall be required to obtain a special use permit in accordance with the procedures outlined in Article VI. The special use permit granted to a home occupation shall not be transferable from person to person or from address to address.
E.
Enforcement: voiding of permit. The Code Enforcement
Officer may void any special use permit for noncompliance with the
criteria set forth in the local law or for providing false statements
in the special use permit application. Revocation may take place at
any time prior to the expiration date of the permit. If the permit
is revoked or is not renewed, it becomes null and void, and the home
occupation use shall be terminated. If a permit has been revoked,
the owner of the home occupation business shall not apply for another
special use permit for a period of one year from the date of the revocation.
F.
Inspections. The Code Enforcement Officer shall have
the right at any time, upon reasonable request, to enter and inspect
the premises of the home occupation for safety and compliance purposes.
A.
Purpose.
(1)
Provision is made here for Planned Unit Development
Districts to permit establishment of areas in which one use or diverse
uses may be created together, containing both individual building
sites and common properties, in a compatible and unified development.
In adopting this section, the Town Board declares its intent to encourage
innovations in development and the most efficient use of land by enabling
greater flexibility in siting, design and type of structures permitted
under certain circumstances in the Town.
(2)
In order to carry out the intent of this section,
a planned unit development shall strive to achieve the following objectives:
(a)
More usable open space, preserve lands and/or
recreational areas shall be created.
(b)
Trees, topography, water resources and outstanding
natural features shall be preserved where possible.
(c)
Land shall be used efficiently so that an economical
network of utilities and streets shall be provided.
B.
General requirements.
(1)
Area minimum. The minimum area of a parcel to be considered
for a Planned Unit Development District shall not be less than 15
acres.
(2)
Permitted uses. Uses within an area designated as
a Planned Unit Development District are to be determined by the provisions
of this section, as well as any conditions that may be imposed as
part of the approval of any actual planned unit development project.
Any type of use is permitted within a planned unit development subject
to the approval process specified herein.
(3)
Location of a planned unit development. The planned
unit development may be applicable to any area of the Town, where
the applicant can demonstrate that the characteristics of the proposed
development of the site shall meet the objectives of this section.
(4)
Density. Because land is used more efficiently in
a planned unit development, improved environmental quality can usually
be produced with greater density than is usually permitted in traditional
zoning districts. The Town Board shall determine in each case the
appropriate land use intensity and/or dwelling unit density for individual
projects. The determination of land use intensity or dwelling unit
density shall be thoroughly documented by studies and professional
opinions, including those necessary to ensure safe and sanitary installation
of water, septic, transportation and utility systems. Where a question
arises, the burden of proof shall be on the applicant, who shall commission
studies and reports as necessary for the Town Board and Planning Board
to determine land use intensity and/or dwelling unit density.
(5)
Ownership. The tract of land under application for
consideration for a planned unit development may be owned, leased
or controlled either by a single person or corporation or by a group
of individuals or corporations. An application must be filed by the
owner or jointly by the owners or their agent of all property included
in the project. In the case of multiple ownership, the approved plan
shall be binding upon all the property owners, and such owners shall
provide written certification of such binding agreements.
C.
Procedure.
(1)
Prior to making any formal submission, it is advised
that the applicant arrange to meet with the Planning Board for a preapplication
conference, in order that the nature of the proposal and application
procedure can be discussed.
(2)
The applicant shall submit an application and 10 copies
of a preliminary development plan to the Town Board. A preliminary
development plan shall consist of the following:
(a)
A narrative description of the project setting
forth its purpose, desirability and impact on the area in which the
project is proposed, as well as its projected affect on the Town in
general, paying particular attention to schools, traffic, population,
utilities, aesthetics, recreation, taxes and compatibility with neighborhood
character.
(b)
A survey of the property, showing existing site
features, including contours, buildings, structures, streets, utility
easements, rights-of-way and land uses within 500 feet.
(c)
A preliminary site plan, as described in § 105-52A(3) of this chapter.
(d)
Information on the intended construction sequence
for buildings, parking areas and landscaping.
(e)
A public utilities plan documenting the proposed
location, size and quantity of water, effluent and storm drainage
facilities.
(f)
Additional studies and reports as may be necessary
for the Planning Board to determine appropriate intensity of land
use and development density.
(g)
State environmental quality review documents
as required by the Planning Board.
(3)
Referral of the application to the Greenfield Environmental
Commission. The Town Board shall refer the application and accompanying
documents to the Greenfield Environmental Commission for its review
and recommendation.
(4)
Referral of the application to the Town of Greenfield
Planning Board. The Town Board shall refer the application and accompanying
documents to the Planning Board for its review and recommendation.
(5)
The Planning Board shall discuss the application and
shall review the preliminary development plan with the applicant with
the assistance of the Town Engineer to determine the application's
completeness. Upon receipt of all documentation constituting a complete
application, the Planning Board shall prepare a recommendation in
regard to the preliminary development plan and the proposed change
of zone.
(6)
Within 35 days of receipt of a complete application
for a change in zone, upon completion of its review, the Planning
Board shall transmit, in writing, to the Town Board its recommendation
for approval, approval with conditions or modifications or disapproval
of the application based on the following standards:
(a)
The recommendation shall be accompanied by a
report on the application, which shall include a discussion of the
proposal's compliance with the following:
[1]
That the proposal conforms to the Town's comprehensive
planning objectives.
[2]
That the proposal meets the intent and objectives of a planned unit development as expressed in § 105-129A.
[3]
That the proposal complies with the general
requirements listed in § 106-129B.
[4]
That the uses proposed shall not be detrimental
to the natural characteristics of the site or adjacent land uses.
[5]
That each phase of the development, as it is
proposed to be completed, contains the required parking facilities,
landscaping and utilities necessary to create and sustain each phase
individually.
[6]
That the proposal is conceptually sound in that
it meets local and areawide needs and that the proposed roadways,
pedestrian system, land use configuration, open space system, drainage
system and scale of elements shall function singly and cumulatively
and conform to accepted design principals.
[7]
That there are adequate service and utilities
available or proposed to accommodate the development.
[8]
That the traffic generated by the proposal shall
not have an adverse impact on the existing transportation network.
(7)
The Planning Board shall send a copy of its recommendation
to the applicant. Failure of the Planning Board to act within 35 days
of receipt of a complete application shall constitute a recommendation
by the Planning Board for approval.
D.
Action by the Town Board.
(1)
Within 35 days of receipt of the Planning Board's
recommendation, public notice shall be given and a public hearing
held by the Town Board on the proposed change of zone. At least 10
days prior to the date of public hearing, the Town Board shall provide
written notice of any proposed amendment in accordance with § 265
of New York State Town Law.
(2)
The Town Board shall render a decision on the application
within 45 days of the public hearing, unless an extension of time
is agreed to by the applicant and Town Board. If the change of zone
is approved by the Town Board, the Official Town Zoning Map shall
be amended so as to define the boundaries of the Planned Unit Development
District, and such amendment shall be advertised and recorded in accordance
with the requirements of § 265 of New York State Town Law.
An appropriate notation indicating approval shall be made on the face
of 11 copies of the preliminary development plan. One copy shall be
retained by the Town Clerk, one shall be given to the official, one
shall be returned to the applicant and eight copies shall be retained
by the Planning Board.
(3)
The Town Board may, if it believes it necessary in
order to fully protect the health, safety and general welfare of the
community, attach to its zoning resolution approving the zoning change
additional conditions or requirements the applicant must meet. Such
requirements may include but are not limited to:
(4)
The Town Board shall also make a determination on the density and intensity of land use in accordance with § 105-129B(4).
E.
Final development plan approval.
(1)
Prior to the issuance of a building permit, the applicant
shall submit a final development plan for review and approval by the
Planning Board. All plans and specifications shall bear the signature
and the seal of a licensed architect, landscape architect or licensed
professional engineer responsible for the design and drawings. The
following shall constitute a final development plan:
(b)
A landscaping plan, including site grading,
the placement of plantings and structures.
(c)
Preliminary drawings of the buildings to be
constructed in the current phase, including floor plans, exterior
elevations and sections.
(e)
Engineering feasibility studies for the solution
of any anticipated problems which might arise due to the proposed
development, as required by the Planning Board.
(f)
Performance bond estimate for street drainage,
utility, traffic and pedestrian facilities and landscaping.
(g)
Offers of cession and proposed restrictive covenants
on open space.
(h)
Construction sequence and time schedule for
completion of the components of each development phase.
(i)
Complete documentation of intended ownership
and maintenance of open space and common facilities.
(j)
Sworn statement by the applicant that the performance
standards of this chapter shall not be violated.
(2)
The final development plan shall be in general conformance
with the approved preliminary development plan. Approval of a final
development plan shall be secured by the owner for each phase of the
development prior to issuance of building permits. Such approval for
each phase shall be valid for two years from the date of approval,
at which time final development plan approval shall terminate, and
no additional building permits shall be issued without reapplication
for final development plan approval.
Notification requirement. Except for approved
construction and landscaping projects, written notification shall
be made to the Code Enforcement Officer of the Town of Greenfield
prior to the commencement of timber harvesting operations. The notification
shall include those items in Appendix B.[1] Timber harvesting shall be conducted in accordance with
New York State Department of Environmental Conservation timber harvesting
guidelines.
[1]
Editor's Note: Appendix B is included at the
end of this chapter.
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.
(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:
[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:
(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)[1] findings or a SEQRA negative declaration or conditioned
negative declaration, issue a written decision with the reasons for
approval, conditions of approval or disapproval fully stated. This
time period may be extended with consent of the applicant.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
(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.
(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.
A.
Abandoned vehicles. No motor vehicle, automobile,
automobile trailer or other vehicle shall remain outside upon any
property within the Town when such vehicle has been so dismantled
or parts have been removed therefrom or otherwise abandoned so that
such vehicle may be incapable of operation or use, for a period of
30 continuous days, except that travel trailers not used for dwelling
purposes may be stored in rear yards when not in use.
B.
Unregistered vehicles. No more than one unregistered
motor vehicle may be stored in an unenclosed area in a residential
district for no more than three months unless otherwise restricted
by this chapter.
C.
Storage and dumping.
(1)
On any lot or plot, no storage of junk shall be permitted
in the front yard.
(2)
All spaces between building and structures shall be
kept sufficiently free and clear of materials of every nature for
the purpose of providing adequate light, air and protection against
fire.
(3)
Dumping of waste material must be in accordance with
6 NYCRR Part 360.
D.
Obstructions at street intersections. On a corner
lot in any district, any fence or wall built within 50 feet of the
intersecting street lines shall be of open construction, such as wire,
wood, picket or iron, and shall not exceed four feet in height, except
for such fences as may be installed as a safety precaution surrounding
swimming pools.
E.
Commercial garages. In any district where permitted,
unless the regulations of that district are more restrictive, commercial
garages shall be subject to the following regulations:
(1)
No fuel pump shall be located within 20 feet of any
street lines or side lot line, measured from the outside edge of the
fuel island.
(2)
No access drive shall be within 200 feet of, nor on
the same side of the street as, a public or semipublic use, as defined
herein, unless a street ties between the commercial garage and the
public or semipublic use.
(3)
All major repair work shall be done within a completely
enclosed building.
(4)
Curbing to regulate the location of vehicular traffic
shall be installed at the street line of the lot, except for access
drives.
F.
Obstructions.
(1)
No fencing, shrubbery, trees or other type of obstruction
shall be placed in the area between the front property line and the
paved portion of the roadway.
(2)
Any fence or wall constructed in the Town of Greenfield
must have a two-foot setback from existing boundary lines as to allow
for maintenance for both sides of fence or walls.
G.
Public utilities. Major installations of public utilities
shall be reviewed by the Planning Board where proposed in any residential
district. The Planning Board shall have the power to require any reasonable
change in the site plan in order to protect the residential nature
of adjoining properties. Underground utilities, including telephone
and electric facilities, are encouraged. Developers may be asked to
provide justification if underground utilities are not provided in
the site plan.
H.
Anyone who makes an application to either the Planning
Board or the Zoning Board of Appeals of the Town of Greenfield must
be in compliance with all sections of the Zoning Law of the Town of
Greenfield, except for the particular item or items contained in that
particular application.
I.
Seasonal uses. Seasonal uses, such as the sale of pumpkins, Christmas trees, etc., shall be allowed in conjunction with established businesses as long as there is sufficient space for the objects for sale and off-street parking for both the seasonal use and the existing business. The seasonal use of a property in a residential zone shall be allowed only after an application for the use is submitted and approved by the Planning Board. The application shall include a site plan, in compliance with § 105-52A, and be submitted to the Planning Board for approval by the Board at least 30 days prior to any delivery of the items to the property. Application shall be made on an annual basis for any seasonal use. The application fee shall be $25 for private individuals; no charge, other than that incurred by the Town of Greenfield, shall be made for not-for-profit organizations as approved by the New York State Attorney General's Office.
A.
Purpose. The purpose of these supplemental regulations
is to promote the health, safety and general welfare of the residents
of the Town of Greenfield; to provide standards for the safe provision
of telecommunications consistent with applicable federal and state
regulations; to minimize the total number of telecommunications towers
in the community by encouraging shared use of existing and future
towers and the use of existing tall buildings and other high structures;
and to minimize adverse visual effects from telecommunications towers
by requiring careful siting, visual impact assessment and appropriate
landscaping. At all times, shared use of existing tall structures
(for example, municipal water towers, multistory buildings, church
steeples, farm silos, etc.) and existing or approved towers shall
be preferred to the construction of new towers.
B.
Applicability; permits required.
(1)
No telecommunications tower, except those approved
prior to the effective date of this section, shall be used unless
in conformity with these regulations. No telecommunications tower
shall hereafter be erected; moved, reconstructed, changed or altered
unless in conformity with these regulations. No existing structure
shall be modified to serve as a telecommunications tower unless in
conformity with these regulations.
(2)
Applicants proposing to collocate telecommunications equipment on a previously approved telecommunications tower do not require a special permit but must obtain site plan approval in accordance with Article IX of this chapter. The Planning Board may require the applicant to submit any of the items under Subsection C below as part of the site plan review process.
(5)
These regulations shall apply to all property within
all zoning districts of the Town.
(6)
An applicant proposing to construct a new telecommunications
tower shall include in its application a representation that it has
complied with the federal aviation regulations, Code of Federal Regulations,
Part 77, Subpart C, Obstruction Standards.
C.
Shared use of existing tall structures.
(1)
An applicant proposing to share use of an existing
tall structure shall be required to submit:
(b)
Documentation of intent from the owner of the
existing facility to allow shared use.
(c)
A site plan. The site plan shall show all existing
and proposed structures and improvements, including antennas, roads,
buildings, guy wires and anchors, parking and landscaping, and shall
include grading plans for new facilities and roads. Any methods used
to conceal the modification of the existing facility shall be indicated
on the site plan.
(d)
An engineer's report certifying that the proposed
shared use will not diminish the structural integrity and safety of
the existing tall structure and explaining what modifications, if
any, will be required in order to certify to the above.
(e)
A completed State Environmental Quality Review
Act (SEQRA) environmental assessment form (EAF) and a completed visual
EAF addendum.
(f)
A copy of its Federal Communications Commission
(FCC) license.
(2)
If an applicant proposing to share use of an existing tall structure submits complete and satisfactory documentation in accordance with Subsection C(1) above and if modifications indicated according to Subsection C(1) are deemed insignificant by the Planning Board and after the Planning Board conducts a public hearing and complies with all SEQRA provisions and if the Board determines that the use is consistent with the standards for issuance of a special permit set forth in § 105-54, the Board may grant a special permit without further review under this section. If the Planning Board determines that any modifications indicated according to Subsection C(1) are significant, the Board may also require the applicant to provide the additional information and meet some or all of the requirements as set forth in Subsections H through S below.
D.
New telecommunications tower. The Board may consider
a new telecommunications tower when the applicant demonstrates that
shared use of existing tall structures and existing or approved towers
is impractical. An applicant shall be required to present an adequate
report inventorying all existing tall structures and existing or approved
towers within a reasonable distance of the proposed site. This distance
shall be determined by the Board in consultation with the applicant.
The report shall outline opportunities for shared use of these existing
facilities as an alternative to a proposed new tower. The report shall
demonstrate good faith efforts to secure shared use from the owner
of each existing tall structure and existing or approved tower as
well as documentation of the physical, technical and/or financial
reasons why shared usage is not practical in each case. Written requests
and responses for shared use shall be provided.
E.
Shared usage of an existing tower site for placement of a new tower. Where shared use of existing tall structures and existing or approved towers is found to be impractical, the applicant shall investigate shared usage of an existing tower site for the ability to accommodate a new tower and accessory uses. Documentation and conditions shall be in accordance with Subsection D above. Any proposals for a new telecommunications tower on an existing tower site shall also be subject to the requirements of Subsections H through S below.
F.
New tower at new location. The Board may consider a new telecommunications tower on a site not previously developed with an existing tower when the applicant demonstrates that shared use of existing tall structures and existing or approved towers is impractical and submits a report as described in Subsection D above and when the Board determines that shared use of an existing tower site for a new tower is undesirable based upon the applicant's investigation in accordance with Subsection E. Any proposal for a new telecommunications tower shall also be subject to the requirements of Subsections G through S below.
G.
New towers; future shared use. The applicant shall
design a proposed new telecommunications tower to accommodate future
demand for reception and transmitting facilities. The applicant shall
submit to the Planning Board a letter of intent committing the owner
of the proposed new tower and his/her successors in interest to negotiate,
in good faith, for shared use of the proposed tower by other telecommunications
providers in the future. This letter shall be filed with the Building
Inspector prior to issuance of a building permit. Failure to abide
by the conditions outlined in the letter may be grounds for revocation
of the special permit. The letter shall commit the new tower owner
and his/her successors in interest to:
(1)
Respond within 90 days to a request for information
from a potential shared-use applicant.
(2)
Negotiate, in good faith, concerning future requests
for shared use of the new tower by other telecommunications providers.
(3)
Allow shared use of the new tower if another telecommunications
provider agrees, in writing, to pay reasonable charges. The charge
may include, but is not limited to, a pro rata share of the cost of
site selection, planning, project administration, land costs, site
design, construction and maintenance financing, return on equity and
depreciation and all of the costs of adapting the tower or equipment
to accommodate a shared user without causing electromagnetic interference.
H.
Site plan review; submission requirements.
(1)
An applicant shall be required to submit a site plan in accordance with Article IX of this chapter. The site plan shall show all existing and proposed structures and improvements, including roads, buildings, tower(s), guy wires and anchors, antennas, parking and landscaping, and shall include grading plans for new facilities and roads.
(2)
Supporting documentation. The applicant shall submit
a complete SEQRA EAF, a complete SEQRA visual EAF addendum and documentation
on the proposed intent and capacity of use as well as a justification
for the height of any tower and justification for any clearing required.
The applicant shall also submit a copy of its Federal Communications
Commission (FCC) license.
I.
Lot size and setbacks. All proposed telecommunications
towers and accessory structures shall be located on a single parcel
and shall be set back from abutting parcels and street lines a distance
sufficient to substantially contain on site all icefall or debris
from tower failure and preserve the privacy of any adjoining residential
properties.
(1)
The lot size of parcels containing a tower shall be
determined by the amount of land required to meet the setback requirements.
If land is to be leased, the entire area required shall be leased
from a single parcel unless the Planning Board determines that this
provision may be waived.
(2)
Telecommunications towers shall comply with all existing
setback requirements of the underlying zoning district or shall be
located with a minimum setback from any property line equal to 1/2
of the height of the tower, whichever is greater. Accessory structures
shall comply with the minimum setback requirements in the underlying
zoning district.
J.
Visual impact assessment. In addition to the SEQRA
visual EAF addendum, the Planning Board may require the applicant
to undertake a visual impact assessment which may include:
(1)
A zone of visibility map in order to determine locations
where the tower may be seen.
(2)
Pictorial representations of before and after views
from key viewpoints both inside and outside of the Town, including
but not limited to state highways and other major roads, state and
local parks, other public lands, preserves and historic sites normally
open to the public, and from any other location where the site is
visible to a large number of visitors or travelers. The Board shall
determine the appropriate key sites at a presubmission conference
with the applicant.
(4)
Assessment of the visual impact of the tower base,
guy wires, accessory buildings and overhead utility lines from abutting
properties and streets.
K.
New tower design. Alternative designs shall be considered
for new towers, including lattice and single-pole structures. The
design of a proposed new tower shall comply with the following:
(1)
Any new tower shall be designed to accommodate future
shared use by other telecommunications providers.
(2)
Unless specifically required by other regulations,
a tower shall have a finish (either painted or unpainted) that minimizes
its degree of visual impact.
(3)
The maximum height of any new tower shall not exceed
that which will permit operation without artificial lighting of any
kind or nature in accordance with municipal, state and/or federal
law and/or regulation. The Planning Board, at its discretion, may
modify this requirement if the applicant can justify the need to exceed
this height limitation.
(4)
The Planning Board may request a review of the application
by a qualified engineer in order to evaluate the need for and the
design of any new tower. The cost of this review shall be borne by
the applicant.
(5)
Accessory structures shall maximize the use of building
materials, colors and textures designed to blend with the natural
surroundings.
(6)
No portion of any tower or accessory structure shall
be used for a sign or other advertising purpose, including but not
limited to company name, phone numbers, banners and streamers.
L.
Existing vegetation. Existing on-site vegetation shall
be preserved to the maximum extent possible. No cutting of trees exceeding
four inches in diameter (measured at a height of four feet off the
ground) shall take place prior to the approval of the special permit.
M.
Screening. Deciduous or evergreen tree plantings may
be required to screen portions of the tower and accessory structures
from nearby residential property as well as from public sites known
to include important views or vistas. Where a site abuts a residential
property or public property, including streets, screening shall be
required.
N.
Access. Adequate emergency and service access shall
be provided. Maximum use of existing roads, public or private, shall
be made. Road construction shall, at all times, minimize ground disturbance
and vegetation cutting to within the toe of fill, the top of cuts
or no more than 10 feet beyond the edge of any pavement. Road grades
shall closely follow natural contours to assure minimal visual disturbances
and reduce soil erosion potential.
O.
Parking. Parking shall be provided to assure adequate
emergency and service access. The Planning Board shall determine the
number of required spaces based upon a recommendation from the applicant.
No parking spaces shall be located in any required yard setback.
P.
Fencing. The tower and any accessory structures shall
be adequately enclosed by a fence, the design of which shall be approved
by the Planning Board. This requirement may be waived by the Planning
Board if the applicant demonstrates that such measures are unnecessary
to ensure the security of the facility.
Q.
Removal. The applicant shall submit to the Planning Board a letter of intent committing the tower owner and his/her successors in interest to notify the Building Inspector within 30 days of the discontinuance of use of the tower. This letter shall be filed with the Building Inspector prior to issuance of a building permit (assuming the telecommunications tower is approved according to this section). Obsolete or unused towers and accessory structures shall be removed from any site within four months of such notification. Failure to notify and/or to remove the obsolete or unused tower in accordance with these regulations shall be a violation of this chapter and shall be punishable according to § 105-26, Penalties for offenses, of this chapter.
R.
Intermunicipal notification for new towers. In order
to keep neighboring municipalities informed and to facilitate the
possibility of directing that an existing tall structure or existing
telecommunications tower in a neighboring municipality be considered
for shared use and to assist in the continued development of county
911 services, the Planning Board shall require that:
(1)
An applicant who proposes a new telecommunications
tower shall notify, in writing, the legislative body of each municipality
that borders the Town of Greenfield, the Saratoga County Planning
Board and the Director of Saratoga County Emergency Services. Notification
shall include the exact location of the proposed tower and a general
description of the project, including, but not limited to, the height
of the tower and its capacity for future shared uses.
(2)
Documentation of this notification shall be submitted
to the Planning Board at the time of application.
S.
Notification of nearby landowners. The applicant shall
be required to mail notice of the public hearing directly to all landowners
whose property is located within 500 feet of the property line of
the parcel on which a new tower is proposed. Notice shall also be
mailed to the administrator of any state or federal parklands from
which the proposed tower would be visible if constructed. Notification,
in all cases, shall be made by certified mail. Documentation of this
notification shall be submitted to the Planning Board prior to the
public hearing.
A.
Keyhole lots may be permitted by the Planning Board
only in instances when required due to unusual conditions of the area.
The decision to allow a keyhole lot shall be at the sole discretion
of the Planning Board taking into account those factors it believes
are relevant to the proposal.
[Amended 5-8-2008 by L.L. No. 1-2008]
B.
Space and bulk standards for keyhole lots shall be
the same as for the district in which they are located, except that
all setbacks, whether front, side or back yards, shall be a minimum
of 50 feet. In addition, keyhole lots do not have to meet minimum
lot frontage requirements, but the minimum width of the lot parallel
to the front line of the building must be measured parallel to the
street line, unless determined otherwise by the Planning Board, and
be at least the same as the minimum lot frontage requirement.
C.
All driveways to keyhole lots must be accessible to
and able to hold a fifty-thousand-pound, thirty-foot-long vehicle,
as determined by a licensed engineer, with facilities for turning
around to be available within 100 feet of any structure.
D.
To ensure privacy for adjacent lots, a landscaped
buffer shall be planted on a keyhole lot wherever deemed necessary
by the Planning Board. The buffer shall contain sufficient planting
materials as needed to screen the keyhole lot from the other existing
uses. This requirement may be waived by the Planning Board if topographic
conditions or existing vegetation provides adequate screening.
E.
Appropriate signage must be provided as indicated
in the following note which will be placed on the formal plat of any
subdivision containing a keyhole lot:
Standard note for address identification. The street number of a dwelling situated on a keyhole shall be permanently
and conspicuously displayed on a sign, with lettering not less than
three inches nor greater than eight inches in height, and placed no
more than 25 feet from the road pavement. The sign shall be displayed
for both directions of travel and be reflective. Identification markers
must also be placed at any location where a common drive splits.
|
A.
Compliance and determination of nuisance elements.
(1)
All uses of lands or buildings in the Town of Greenfield
shall comply with the performance standards as described in this article.
(2)
The Code Enforcement Officer may require independent
expert evaluation to determine the compliance of a proposed use with
the performance standards at the expense of the applicant before issuing
a permit.
(4)
The Code Enforcement Officer shall investigate any
written or alleged violation of performance standards. If reasonable
evidence of a violation exists, the Code Enforcement Officer may then
revoke the permit.
B.
Prohibited nuisances. No use shall be established
or operated in a manner so as to create hazards, vibration, glare,
air, water, groundwater pollution, or other nuisance elements in excess
of the limits established in this article.
C.
Fire and explosion hazards. All activities involving
the manufacturing, production, storage, transfer, or disposal of flammable
and explosive materials shall be provided with adequate safety devices
against the hazard of fire and explosion. In addition, on-site fire
suppression equipment and devices standard to the industry shall be
installed. The burning of waste materials in an open fire is prohibited,
other than the routine burning of residential yard waste by the homeowner
or tenant.
D.
Lighting and glare.
(1)
Purpose. It is the intent of these regulations to
minimize glare and to provide the minimum amount of lighting on commercial
sites necessary to provide for safe use of the property.
(2)
Application. These regulations shall apply to all
commercial, industrial, multifamily, office and recreation uses in
the Town of Greenfield.
(3)
Standards. All exterior lights and illuminated signs
shall be designed and located in such a manner as to prevent objectionable
light and glare to spill across property lines. The following horizontal
illumination levels shall be observed. For uses not listed here, the
Planning Board may determine the appropriate horizontal illumination
level referencing the values found in the reference titled the "IESNA
Lighting Handbook" published by the Illuminating Engineering Society
of North America. The Planning Board may vary these standards, making
them more or less restrictive, where it finds it to be in the interests
of this chapter and the Town to do so. In particular, the Town may
vary the standards with reference to the brightness and use of the
surrounding environment.
Use
|
Horizontal Illuminance
(footcandles)
| |
---|---|---|
Commercial parking lot
|
2.5
| |
Industrial parking lot
|
1.0
| |
Office parking lot
|
1.0
| |
Recreation parking lot
|
2.5
| |
Multifamily parking lot
|
2.5
| |
Churches/education lots
|
1.0
| |
Building entrances
|
5.0
| |
Building exteriors
|
1.0
| |
Loading/unloading areas
|
20.0
| |
Gas station approach/driveway
|
2.0
| |
Gas station pump island
|
10.0
| |
Gas station service areas
|
3.0
| |
Seasonal stands
|
25.0
| |
Automobile lots
|
20
| |
Driveways and road approaches
|
2.0
| |
Sidewalk and bikeways
|
1.0
|
(4)
Fixtures. A lighting fixture shall be architecturally
compatible with the primary building. Fixtures shall be shielded and
have cutoffs to direct light directly to the ground. This must be
accomplished so that light dispersion or glare does not shine above
a horizontal plane of 90° from the base of the fixture. Cutoff
fixtures must be installed in a horizontal position as designed. Flat
lens cutoffs are required. Fixtures shall generally be of dark colors.
Pole-mounted fixtures shall not exceed 20 feet in height. High-pressure
sodium lights are preferred. Lexan lenses or similar low-glare material
is preferred. All lighting shall maintain a uniform ratio of 4:1.
(5)
Vision. Lighting shall not interfere with or impair
pedestrian or motorist vision.
(6)
Procedure. Any use subject to site plan review shall
submit a lighting plan describing the lighting component specifications
such as lamps, poles, reflectors and bulbs. The lighting plan shall
show the illumination levels for the entire site and shall be at a
scale consistent with the site plan. The Planning Board may require
specific lighting plans to address portions of the site, such as parking
lots or pedestrian walkways, for evaluation purposes.
E.
Noise.
(1)
Unnecessary, excessive, offensive and/or nuisance
noises from all sources are prohibited.
(2)
Construction shall be limited to the hours of 6:00
a.m. to 9:00 p.m.
(3)
Exemptions. The following uses and activities shall
be exempt from noise level regulations.
(a)
Air-conditioning equipment when it is functioning
in accord with manufacturer's specifications.
(b)
Lawn maintenance, agricultural, forestry and
snow removal equipment when it is functioning in accordance with manufacturer's
specifications and with all mufflers and noise-reducing equipment
in use and in proper operating condition.
(c)
Nonamplified noises resulting from the activities
such as those planned by school, governmental, or community groups.
(d)
Noises resulting from any authorized emergency
vehicle or warning device when responding to an emergency call or
acting in time of emergency.
(e)
All noises coming from the normal operations
of railroad trains.
(f)
Noises of church chimes.
F.
Odor and air pollutants.
(1)
No odors may be emitted which are easily detectable
and offensive at the property line and which cause annoyance to a
person of reasonable sensitivity.
(2)
No emission of fly ash, dust, fumes, vapors, toxic
gases or other forms of air pollution shall be permitted which can
cause any damage to health, animals, vegetation, or other forms of
property which can cause any excessive soiling.
G.
Radioactivity and electrical disturbance. No activities
shall be permitted which emit dangerous radioactivity or electrical
disturbance adversely affecting the operation of any equipment other
than that of the creator of such disturbance.
H.
Vibration. No vibration shall be permitted which is
detectable without an instrument at the property line and which may
cause annoyance to a person of reasonable sensitivity.
A.
Purpose and intent. It is the purpose of this section
to prevent the clear-cutting and grading of lots except in association
with an approved site plan.
B.
Application. Within a five-year time period, clear-cutting
and grading are limited to the following maximums, without obtaining
site plan approval:
District
| ||||||
---|---|---|---|---|---|---|
TC, OR
|
LDR
|
MDR1
|
MDR2
|
IM
|
LDR
|
PR
|
1 acre
|
5 acres
|
1.5 acres
|
3 acres
|
5 acres
|
6 acres
|
10 acres
|
C.
Any person proposing to clear-cut or grade more than these totals must follow the procedures for and obtain site plan approval in accordance with Article IX, Site Plan Review, of this chapter. This requirement does not apply to bona fide timber harvesting activities involving tree removal from land areas greater than specified above which have properly notified the Town pursuant to § 105-130 of this chapter. These activities may be subject to additional requirements of other regulating agencies.
D.
This regulation does not apply to bona fide timber
harvesting activities that are carried out in accordance with DEC
regulations.
The following standards shall apply to all self-storage
units.
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.
B.
Not more than one activity constituting an adult-oriented
business shall be permitted within a single building or on a single
lot.
C.
No adult-oriented business shall be permitted as a
home occupation or in any building also used for residential purposes.
D.
No adult-oriented business shall exceed 5,000 square
feet in total floor area.
E.
No motion picture display shall be visible outside
the premises of the structure in which the adult use is located.
F.
Adult use establishments shall be properly screened
from adjacent properties through the use of fences, walls, landscaping
or other means.
G.
The exterior appearance of a building containing adult
uses shall be consistent with the character of surrounding structures
and shall not detract from the appearance of the neighborhood.
A.
Accessory structures less than 120 square feet in
size shall be permitted in all zoning districts. Accessory structures
less than 120 square feet in size do not need to comply with the side
yard and/or rear yard setback standards of this chapter. Accessory
structures greater than 120 square feet in size must comply with the
setback requirements of this chapter. If the principal building or
use to which the structure is accessory would require site plan review
or a special use permit under this chapter, then the accessory use
requires such review.
[Amended 5-8-2008 by L.L. No. 1-2008]
B.
Tractor-trailer boxes and railroad transport boxes
may not be used as accessory structures.
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.[1]
[1]
Editor's Note: See Table 2, Area Regulations, included
at the end of this chapter.
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.