Uses specified as special uses under district
regulations of this chapter shall be permitted only after review,
public hearing and approval by the Town of Neversink Planning Board
pursuant to the express standards, procedures and criteria set forth
below:
A. The proposed use:
(1) Shall be in harmony with purposes, goals, objectives
and standards of the Town of Neversink Master Plan, this chapter and
all other laws and regulations of the Town and other governmental
agencies.
(2) At the proposed location shall not result in a detrimental
over-concentration of a particular use either within the Town or within
the immediate area.
(3) At the proposed location shall not result in a substantial
or undue adverse effect on other property, the character of the neighborhood,
traffic conditions, parking, public improvements, public sites, rights-of-way
or other matters affecting the public health, safety and general welfare
of the Town.
(4) Shall not impose an undue burden on any of the improvements,
facilities, utilities and services of the Town, whether such services
are provided by the Town or some other agency.
(5) Shall be adequately screened or buffered from residential
uses located proximate to the proposed use.
B. No application for issuance of a special use permit
shall be approved unless the Planning Board shall find that, in addition
to complying with each of the standards enumerated above, all other
applicable standards of the chapter shall be met. In instances where
the standards contained herein do not adequately protect the general
health, safety and welfare of parties affected, the Planning Board
shall be obligated to impose such conditions in issuance of a permit
Conditions which might be imposed shall include, but not be limited
to, provisions for additional parking or traffic control, requirement
of additional setbacks; special measures addressing sales periods
or hours of operation; and other conditions which can be effectuated
to remove any potential adverse influence the use may have on other
properties. In reviewing a site plan and determining what conditions,
if any, shall be attached for approval, the Planning Board shall consider:
(1) The location, arrangement, size, design and general
site compatibility of buildings, lighting and signs.
(2) The adequacy and arrangement of vehicular traffic
access and circulation, including intersections, road widths, pavement
surfaces, dividers and traffic controls.
(3) The location, arrangement, appearance and sufficiency
of off-street parking and loading.
(4) The adequacy and arrangement of pedestrian traffic
access and circulation, walkway structures, control of intersections
with vehicular traffic and overall pedestrian convenience.
(5) The adequacy of stormwater drainage facilities.
(6) The adequacy of water supply and sewage disposal facilities.
(7) The adequacy, type and arrangement of trees, shrubs
or fencing providing necessary screening or buffering between the
applicant's land and lands potentially affected by the applicant's
proposal. Where possible, preference should be given to the retention
of existing vegetation or the planting of dense evergreen nursery
material.
(8) The adequacy of fire lanes and other emergency zones.
(9) The adequacy and impact of structures, roadways and
landscaping in areas with susceptibility to ponding and flooding.
(10) The adequacy of erosion and sedimentation control
plans.
C. The burden of proof shall remain with the applicant
to show compliance with all standards. The burden shall never shift
to the Town.
D. In addition to the special use standards set forth in §
50-21A through
C, certain uses must meet additional standards and criteria, as follows:
(1) Automotive repair, including auto body repair shops.
(a)
Vehicle lifts or pits and all parts or supplies
shall be located within a building enclosed on all sides.
(b)
All service or repair of motor vehicles, other
than minor servicing such as the changing of tires or sale of gasoline
or oil, shall be conducted in a building enclosed on all sides.
(c)
No building permit shall be issued for an automotive
repair shop within a distance of 500 feet of any school, church or
place of public assembly designed for the simultaneous use and occupancy
by more than 100 persons, said distance to be measured in a straight
line between the nearest points of each of the lots or premises regardless
of the district where either premises is located.
(2) Automotive service and gasoline stations, including
those with convenience stores.
(a)
The minimum street frontage for such service
stations shall be 200 feet unless more stringent requirements shall
apply to the district in which the proposed use is located.
(b)
Entrance and exit driveways shall have an unrestricted
width of not less than 20 feet nor more than 25 feet, shall be located
not nearer than 15 feet to any property line and shall be so laid
out as to avoid the necessity of any vehicle leaving the property
by backing out across any public right-of-way or any portion thereof.
(c)
Vehicle lifts or pits, and all parts or supplies
shall be located within a building enclosed on all sides.
(d)
All service or repair of motor vehicles, other
than minor servicing, such as the changing of tires or sale of gasoline
or oil, shall be conducted in a building enclosed on all sides.
(e)
The storage of gasoline or flammable oils in
bulk shall be located no nearer than 35 feet to any property line.
(f)
Gasoline pumps shall be located no nearer than
35 feet to any property line.
(g)
No building permit shall be issued for a motor
vehicle service station within a distance of 500 feet of any school,
church or place of public assembly designed for the simultaneous use
and occupancy by more than 100 persons, said distance to be measured
in a straight line between the nearest points of each of the lots
or premises regardless of the district where either premises is located.
(3) Campgrounds and recreational vehicle parks.
(a)
Permit fees and permit.
[Added 3-25-1992 by L.L. No. 2-1992]
[1]
The Town Board shall, by resolution, establish
and periodically update an annual permit fee for operation of a campground
or recreational vehicle park.
[2]
The following campgrounds or recreational vehicle parks shall not be subject to payment of the annual fee contemplated by §
50-21D(3)(a)[1]:
[a]
Campgrounds or recreational vehicle parks containing
five or fewer camping spaces; or
[b]
Camping spaces or recreational vehicle parks
in existence on August 14, 1991, shall pay a fee of $20; provided,
however, that in the event of the expansion of a campground or recreational
vehicle park in existence on August 14, 1991, the portion of the campground
or recreational vehicle park constructed after August 14, 1991, shall
be subject to the payment of the annual fee.
[3]
No person shall operate a campground or recreational
vehicle park prior to issuance of a permit therefor.
[4]
Permits shall not be transferable or assignable.
[5]
Permits shall be valid until the end of the
calendar year and shall be renewable annually.
(b)
Setbacks for such uses shall be at least 300
feet from all property lines.
(c)
Occupancy by any individual or group of individuals
in any form of permitted temporary, movable or portable shelter shall
be for a period of not longer than 120 days in a twelve-month period.
(d)
Each camping space shall be at least 3,000 square
feet in area with a minimum average width of 30 feet. There shall
be no more than 10 campsites per acre.
(e)
Parking spaces for automobiles shall be 30 feet
long and 12 feet wide with an eight-foot-wide strip of crushed stone
or shale, or two-inch blacktop slabs over gravel on a stabilized surface.
Parking spaces for automobiles with trailers or motor homes shall
be 50 feet long and 14 feet wide with a ten-foot-wide strip of crushed
stone or shale, or two-inch blacktop slabs over gravel on a stabilized
surface.
(f)
No camping space shall be located within 100
feet of any lake, pond, river or stream.
(g)
Each campground shall provide a playfield at
least one acre in area. At least one acre of playfield for every 25
campsites shall be provided.
(h)
Campground stores are permitted in accordance
with the Hamlet H District regulations for retail stores. A campground
store may be accessible to the general public, but must be located
on the camp-ground site and may be part of the campground office.
(i)
Ancillary facilities such as stores, offices,
swimming pools or service buildings shall be submitted to the Planning
Board or site plan approval along with the overall development.
(j)
All campgrounds shall be approved for water
and sewer services by the appropriate state agency prior to final
site plan approval or the issuance of a building permit.
(4) Clubhouses and organizational meeting halls.
(a)
Clubhouses and organizational meeting halls
shall be located no nearer than 100 feet from any property line.
(b)
Off-street parking areas shall be screened from
adjoining properties with a solid wood fence or planting strip of
dense evergreen nursery materials no less than six feet in height.
(5) Commercial recreation facilities (indoor).
(a)
Indoor commercial recreation facilities shall
be located no nearer than 100 feet from any property line.
(b)
The use or activity shall be conducted entirely
within an enclosed structure.
(c)
Off-street parking areas shall be screened from
adjoining properties with a solid wood fence or planting strip of
dense evergreen nursery materials no less than six feet in height.
(d)
Permitted accessory uses shall include related
offices, restaurants or snack bars, and related retail uses.
(6) Commercial recreation facilities (outdoor).
(a)
The use or activity shall be separated from
adjoining properties by no less than 300 feet of wooded area for facilities
located in the RC or RR Zones and no less than 150 feet of wooded
area for facilities located in the RS Zone, except for golf courses
and recreational facilities integrated as part of a residential development.
(b)
Off-street parking areas shall be screened from
adjoining properties with a solid wood fence or planting strip of
dense evergreen nursery materials no less than six feet in height.
(c)
Outdoor public address systems are prohibited.
(d)
Permitted accessory uses shall include related
offices, restaurants, indoor recreation facilities, transient lodging
accommodations, conference facilities, related retail uses, and multiple
dwellings.
(7) Mining of sand, stone and gravel.
(a)
All quarrying, processing operations and material
storage shall be located no less than 300 feet from any lot line in
the RC Zone or no less than 250 feet from any lot line in the RR Zone.
The Planning Board may require a greater separation distance based
on the particular circumstances of the site, the proposed use and
the surrounding area.
(b)
A permit from the New York State Department
of Environmental Conservation shall be required for the proposed use
prior to issuance of final site plan approval.
(c)
If the use is not located on a state or county
road, the road servicing the facility must be in such condition as
to properly handle the proposed truck traffic. The Planning Board,
in making a determination as to the sufficiency of a particular road,
may rely on the opinion expressed by the Town Highway Superintendent
or Town Engineer. The Planning Board may require financial security
for damage to a road as a condition of issuance of a special use permit.
(d)
The proposal shall indicate how adjacent properties
and the public will be protected from the hazards of the operation,
both in terms of on-site activity and off-site traffic generated by
the activity.
(e)
Approvals or portions of the approvals may be
renewed periodically at the discretion of the Planning Board.
(8) Mobile home parks.
(a)
Permit fees and permit.
[1]
The Town Board shall, by resolution, establish
and periodically update an annual permit fee for operation of a mobile
home park.
[2]
The following mobile home parks shall not be subject to payment of the annual fee comtemplated by §
50-21D(8)(a)[1]:
[Amended 3-25-1992 by L.L. No. 2-1992]
[a]
Mobile home parks containing five or fewer mobile
home lots; or
[b]
Mobile home parks in existence on March 27,
1974, shall pay a fee of $20; provided, however, that in the event
of the expansion of a mobile home park in existence on March 27, 1974,
the portion of mobile home park constructed after March 27, 1974,
shall be subject to payment of the annual fee.
[3]
No person shall operate a mobile home park prior
to issuance of a special use permit thereof.
[4]
Permits shall not be transferable or assignable.
[5]
Permits shall be valid until the end of the
calendar year and shall be renewable annually.
[6]
Renewal applications shall be filed with the
Code Enforcement Officer before the first day of November next preceding
the expiration of the original permit or any renewal thereof. Prior
to the issuance of a renewal permit, the Code Enforcement Officer
shall inspect the premises and report his findings to the Planning
Board.
(b)
Lot size, density, distribution and setbacks.
[1]
No more than one mobile home stand shall be
permitted per site and no more than 50 mobile home sites shall be
permitted per mobile home park.
[2]
Each mobile home site shall contain a minimum
of 10,000 square feet. Density of mobile home sites within the mobile
home park shall not exceed two mobile home sites per acre.
[3]
All mobile homes and accessory structures shall
be set back at least 150 feet from any street or right-of-way, 150
feet from any property line and 40 feet from the center line of any
internal private street. Minimum separation distance between mobile
homes shall be 50 feet.
[4]
A twenty-five-foot landscaped and planted buffer
area shall surround the mobile home park.
(c)
The water supply service to the mobile home
park shall be approved by the New York State Department of Health
prior to issuance of a special use permit.
(d)
The mobile home park's sewage disposal system(s)
shall be approved by the New York State Department of Environmental
Conservation and the New York City Department of Environmental Protection,
where applicable, prior to issuance of a special use permit.
(e)
All utilities, including electric power, telephone
service and cable television service shall be installed underground.
(f)
Access to a mobile home park shall be provided
by not more than two connections to a public street.
(g)
A smooth, hard surface, year-round paved patio
area shall be provided for each mobile home site measuring not less
than 10 feet by 18 feet. Such patio shall be located adjacent and
parallel to the mobile home.
(h)
Dead-end streets shall be limited to a length
of 600 feet and shall be provided with a turnaround having an outside
radius of 60 feet.
(i)
Grades of all internal private streets shall
not exceed 10%.
(j)
All mobile home parks containing 10 or more
mobile home sites shall provide one or more recreation areas which
shall be accessible to all park residents. The size of such recreation
area(s) shall be a minimum of 500 square feet for each mobile home
site. Playground equipment shall be installed in each required recreation
area.
(9) Mobile homes outside of mobile home parks.
[Added 5-27-1998 by L.L. No. 1-1998]
(a)
General regulations.
[1]
A mobile home may be placed in the Town only
after obtaining a mobile home permit and shall require a certificate
of occupancy before initial occupancy.
[2]
Mobile homes located outside of mobile home
parks shall comply with all area and bulk requirements that apply
to single-family houses in the same zoning district.
[3]
All mobile homes shall be connected to an adequate
supply of potable water; shall be connected to a public sewer system
or septic system constructed in accordance with all state, City of
New York and local regulations; and shall be connected to all applicable
utilities. All of the foregoing connections or services shall be provided
to the mobile home within 90 days of issuance of the permit for placement
of the mobile home.
(b)
Mobile home standards. All mobile homes installed
in the Town of Neversink shall meet the following minimum requirements:
[1]
All mobile homes hereafter erected in the Town
shall be Underwriter Laboratory certified; bear the seal of the United
States Department of Housing and Urban Development; and be no older
than 12 years as measured from the date of manufacture.
[Amended 8-12-2009 by L.L. No. 3-2009]
[2]
All mobile homes shall have roofs, with a minimum
pitch of three vertical to 12 horizontal.
[3]
All mobile homes shall have not fewer than two
means of ingress/egress.
(c)
Permanent placement of mobile homes on site.
[1]
Mobile homes shall be installed on a load-bearing
foundation or placed on a concrete slab. Skirting shall be installed
which is made of a fire-retardant material specifically designed for
the application to mobile homes as skirting or consist of a permanently
installed masonry wall.
[2]
The skirting shall be capable of removal to
provide access to the closed-off area or in the case of masonry walls
contain two doors or openings on opposite sides of the structure to
allow access to the closed-off area for maintenance and emergency
access.
[3]
The structural frame of the mobile home must
be securely attached to the foundation or concrete slab in four or
more locations to ensure stability of the mobile homes.
[4]
Permanent steps or ramps with hand rails shall
be constructed at all access points of the mobile home to ensure a
safe means of ingress/egress into the dwelling unit.
(d)
Exceptions to permanent placement requirements.
[1]
Construction field office. A single mobile home
unit may be temporarily located in any zoning district for use as
a construction field office. A construction field office may not be
installed prior to 30 days before the commencement of the construction
project and must be removed within 30 days after the completion of
the construction project.
[2]
Temporary placement of mobile homes. It shall
be unlawful to store any mobile home on any property within the Town
of Neversink for a period in excess of 30 days.
(e)
Prohibited uses for mobile homes. Mobile homes
shall be used for single-family dwelling purposes only. All other
uses, including but not limited to use as a warehouse, storage shed,
tool shed, outbuilding or garage, are prohibited.
(f)
Nonconforming mobile homes. Any mobile home
in existence at the time of the adoption of this subsection which
is not in full compliance with this chapter may remain in its existing
location but may not be otherwise relocated within the Town. No mobile
home previously occupied as a dwelling may be converted to a use prohibited
by this chapter.
(10) Motels.
(a)
There shall be at least 2,500 square feet of
lot area for each guest room.
(b)
Permitted accessory uses to a motel on the same
lot may include related offices, restaurants and conference rooms.
(11) Multiple dwellings.
(a)
Parking areas shall be located at least 25 feet
from a property line and shall not be located in a front yard. Parking
areas shall be screened from adjoining properties by a solid wood
fence or planting strip of dense evergreen nursery material no less
than six feet in height.
(b)
Density of multiple dwellings serviced by central
sewer systems shall not exceed two units per acre. Density of multiple
dwellings not serviced by central sewer systems shall not exceed one
unit per acre.
[Amended 7-12-2006 by L.L. No. 1-2006]
(c)
All areas of the multiple-dwelling development
not occupied by buildings and required or proposed improvements shall
remain as either permanent open space or recreation area to be used
for the sole benefit and enjoyment of the residents of the units located
within the development.
(d)
A recreation area shall be provided for all
developments in excess of 10 units. The size of such recreation area(s)
shall be a minimum of 500 square feet for each multiple-dwelling unit.
Playground equipment shall be installed in each required recreation
area.
(e)
The following design criteria shall apply to
multiple-dwelling developments:
[1]
There shall be no more than four dwellings in
each multiple-dwelling building.
[2]
Access to a multiple-dwelling development shall
be provided by not more than two connections to a public street.
[3]
No more than 32 parking spaces shall be provided
in one lot, nor more than eight in a continuous row without being
interrupted by landscaping. All off-street parking shall be adequately
lighted and also arranged as to direct light away from any residence.
[4]
No multiple-dwelling building shall be erected
within 50 feet of any other multiple-dwelling building.
[5]
All multiple-dwelling buildings shall be a minimum
of 50 feet from any lot line.
[6]
A planting strip of up to 25 feet in width may
be required to buffer adjoining property owners and ensure privacy.
A landscaping plan shall be prepared and approved by the Planning
Board.
(12) Sawmill, commercial.
(a)
The sawmill and all yards or areas for storage
of logs, lumber or loading or unloading of trucks shall be located
no less than 200 feet from a property line.
(b)
If the use is not located on a state or county
road, the road servicing the facility must be in such condition as
to properly handle the proposed truck traffic. The Planning Board,
in making a determination as to the sufficiency of a particular road,
may rely on the opinion expressed by the Town Highway Superintendent
or Town Engineer. The Planning Board may require financial security
for damage to a road as a condition of issuance of a special use permit.
(13) Veterinary clinics and kennels.
[Amended 7-12-2006 by L.L. No. 1-2006]
(a)
All buildings and outdoor kennels shall be located
no less than 100 feet from a lot line.
(b)
All activities shall be conducted indoors, except
outdoor runs, which shall be located no less than 200 feet from the
lot line.
(c)
Neighborhood property shall be adequately protected
from noise, odors and unsightly appearance.
(d)
All dogs within veterinary clinics and kennels
shall be housed indoors from 9:00 p.m. to 7:00 a.m.
(e)
In addition to the minimum lot size, a minimum
of 500 square feet shall be provided for each animal boarded for purposes
of maintaining adequate indoor and outdoor space dedicated for their
care.
(f)
In issuing the special permit, the permit shall
stipulate the maximum number and type of animals to be boarded, harbored
or trained.
(14) Wholesale storage and warehouses.
(a)
Truck loading docks shall not be located in
front yards.
(b)
Truck docks, parking and loading areas shall
be screened from adjoining properties with a solid wood fence, or
planting strip of dense evergreen nursery materials no less than six
feet in height.
(16) Outdoor furnaces.
[Added 7-12-2006 by L.L. No. 1-2006]
(a)
Although outdoor boilers/furnaces may provide
an economical alternative to conventional heating systems, concerns
have been raised regarding the safety and environmental impacts of
these heating devices, particularly the production of offensive odors
and potential health effects of uncontrolled emissions. The special
use permit required by this subsection is intended to ensure that
outdoor boilers/furnaces are located, installed and operated in a
manner that does not create a nuisance and is not detrimental to the
health, safety or general welfare of the residents of the Town.
(b)
Definitions. As used in this subsection, the
following terms shall have the meanings indicated:
FIREWOOD
Trunks and branches of trees, but not including leaves, needles,
vines or brush smaller that three inches in diameter.
OUTDOOR BOILER and OUTDOOR FURNACE (OBs)
Any equipment, device or apparatus, or any part thereof,
which is designed to be installed, affixed or situated outdoors for
the primary purpose of combustion of firewood, untreated lumber or
other combustible material recommended by the device manufacturer
to produce heat or energy used as a component of a heating system
providing heat for any interior space.
UNTREATED LUMBER
Dry wood which has been milled and dried but which has not
been treated or combined with a petroleum product, chemical preservative,
glue, adhesive, stain, paint or other substance.
(c)
Except as provided in Subsection
D(16)(d), no person shall cause, allow or maintain the use of an OB within the Town of Neversink without having first obtained a special use permit from the Planning Board.
(d)
Any OB in existence on May 4, 2006, shall be permitted to remain, provided that the owner registers the device with the Code Enforcement Officer within 60 days of the effective date of this subsection; provided, however, that upon the effective date of this subsection, the provisions of this Subsection
D(16)(d) and Subsection
D(16)(g) and
(h) shall immediately apply to existing OBs. If the owner of an existing OB does not register the device with the Code Enforcement Officer within 60 days of the effective date of this subsection, the OB shall be removed. Upon registration of an OB that was in existence on May 4, 2006, the Code Enforcement Officer shall issue the owner with an authorization to operate the existing OB. "Existing" or "in existence" means that the OB was in operation as of May 4, 2006.
(e)
Location requirements.
[1]
OBs shall be permitted only on lots of three
acres or more.
[2]
OBs shall be set back not less than 100 feet
from the nearest lot line.
[3]
OBs shall not be installed or operated within
200 feet of a residence, other than the residence being heated by
the OB and accessory structures located on the same lot.
[4]
OBs shall not be installed or operated within
500 feet from the occupied building of a hospital, school, day-care
center or nursing home or from the boundary of a municipal park.
(f)
Installation requirements.
[1]
OBs shall be installed and operated in accordance
with manufacturer's specifications and operating instructions, a copy
of which shall be provided to the Planning Board by the owner upon
application for a special use permit or to the Code Enforcement Officer
upon registration of an existing OB.
[2]
OBs shall be installed on a concrete slab extending
at least two feet in front of any load door and at least one-foot
wider than the outside of the OB on all other sides.
[3]
All OBs shall be equipped with a properly functioning
spark arrestor.
(g)
Operational requirements. OBs shall be operated
in accordance with the following standards and conditions:
[1]
Only dry, seasoned wood, untreated lumber or
other combustible material recommended by the device manufacturer
is permitted to be burned in an OB. Burning of any and all other materials
in an OB is prohibited.
[2]
OBs located in RC, RR-2 and RR-3 Zoning Districts,
on lots of five acres or more, and more than 100 feet from the nearest
property line, may be operated year-round. All other OBs shall be
operated only between October 1 and May 15.
[Amended 8-12-2009 by L.L. No. 3-2009]
(h)
Suspended permits or authorizations.
[1]
A special permit issued pursuant to this subsection
or authorization to operate an existing OB registered with the Code
Enforcement Officer may be suspended as the Code Enforcement Officer
may determine to be necessary to protect the health, safety or welfare
of the residents of the Town of Neversink if any of the following
conditions occur:
[a] Emissions from the OB exhibit greater
than twenty-percent opacity (six-minute average) except for one continuous
six-minute period per hour of not more than twenty-seven-percent opacity,
which shall be determined as provided in 6 NYCRR 227-1.3(b);
[b] Malodorous air contaminants from
the OB are detectable outside the property of the person on whose
land the OB is located;
[c] The emissions from the OB interfere
with the reasonable enjoyment of life or property;
[d] The emissions from the OB cause
damage to vegetation or property; or
[e] The emissions from the OB are or
may be harmful to human or animal health.
[2]
A suspended permit or authorization to operate may be reinstated once the condition which resulted in suspension is remedied and reasonable assurances are given that such condition will not recur. Recurrence of a condition which has previously resulted in suspension of a permit or authorization to operate shall be considered a violation of this subsection subject to the penalties provided in §
50-31C hereof.
(i)
Nothing contained herein shall authorize or
allow burning which is prohibited by codes, laws, rules or regulations
promulgated by the United States Environmental Protection Agency,
the New York State Department of Environmental Conservation or any
federal, state, regional or local agency. OBs, and any electrical,
plumbing or other apparatus or device used in connection with an OB,
shall be installed, operated and maintained in conformity with the
manufacturer's specifications and any and all local, state and federal
codes, laws, rules and regulations. In case of a conflict between
any provision of this subsection and any applicable federal, state
or local ordinances, codes, laws, rules or regulations, the more restrictive
or stringent provision or requirement shall prevail.
(j)
Notwithstanding the provisions of §
50-22B(2), the Planning Board may accept a sketch plan map for review for an OB, provided the Town’s Code Enforcement Officer provides the Planning Board with a letter indicating that the sketch plan map is generally accurate. Additionally, where an OB is proposed to be located on a lot of six acres or more and is set back not less than 200 feet from the nearest lot line, the Planning Board may, by resolution, dispense with the public hearing requirements otherwise required by §
50-22C of this chapter.
[Added 1-23-2008 by L.L. No. 1-2008]
(17) Communication/reception antennas. The following regulations shall apply to communication/reception antennas, which include personal wireless service facilities, cellular telephone antennas, antennas for communication service regulated by the state and/or federal government, and other commercial antennas and associated facilities, hereinafter referred to as "antenna" or "antennas." Such antennas shall be permitted only in districts as provided in the Schedule of District Regulations incorporated in this chapter pursuant to §
50-8.
[Added 1-23-2008 by L.L. No. 1-2008]
(a)
Purposes:
[1]
To accommodate the need for antennas while regulating
the location and number thereof in the Town.
[2]
To minimize the adverse visual effects of antennas
through proper design, siting and vegetative screening.
[3]
To avoid potential damage to adjacent properties
from antennas' support structure failure and falling ice through engineering
and proper siting of antennas.
[4]
To encourage the joint use of antenna support
structures and thereby reduce the number of such structures needed
in the future.
(b)
Use regulations and parcel size. No antenna shall be used, erected, moved, reconstructed, changed or altered, and no existing structure shall be modified to support or be used as an antenna unless in conformity with this §
50-21D(17).
[1]
New structures. An antenna that is either not
mounted on a lawfully existing structure or is more than 10 feet higher
than the lawful existing structure on which it is mounted shall require
a special use permit in accordance with this article and the parcel
on which such antenna is to be located shall have a minimum lot area
of not less than five acres.
[2]
Existing structures. An antenna site with an
antenna that is attached to a lawfully existing communications tower,
smoke stack or chimney, water tower or other tall structure shall
be considered an accessory use to such existing structure and need
not meet the minimum lot area requirements established by the Schedule
of District Regulations and shall be permitted by building permit
only, provided that such antenna does not exceed the height of such
lawfully existing structure by more than 10 feet.
[3]
Associated use. All other uses ancillary to
the antenna, its support structure and associated equipment, including,
for example, but not limited to, a business office, maintenance depot
or vehicle storage, are prohibited from the antenna site, unless otherwise
permitted in the district in which the antenna and its support structure
are located. Use of the antenna, its support structure or the antenna
site for purposes of advertising is prohibited.
(c)
Special permit standards.
[1]
Siting and visual impact. All antennas and accessory facilities shall be sited to minimize visual effect on the neighborhood and the community. The applicant shall submit a completed visual environmental assessment form (visual EAF) addressing the standards of this §
50-21D(17) with particular attention to visibility from key viewpoints within and outside the Town as identified in the visual EAF. The Planning Board may require the submission of a more detailed visual analysis based upon what is disclosed by the visual EAF.
[2]
Location requirement. The applicant shall demonstrate,
using technological evidence, that the antenna is necessary to provide
reliable service within the Town and the surrounding area.
[3]
New tower; shared use. No new tower shall be
approved unless the applicant proves that it cannot co-locate on any
existing tower or other existing structure due to structural, coverage
or technical limitations. The Planning Board may deny the application
to construct a new tower if the applicant has not made a good faith
effort to arrange to mount the antenna on an existing structure.
[4]
Antenna height. The applicant shall demonstrate
that the antenna is the minimum height required to function satisfactorily.
No antenna that is taller than such minimum height shall be approved.
In any event, no antenna, including any tower or other antenna support
structure, shall have a height exceeding 195 feet above the natural
ground level existing at the proposed site.
[5]
Setbacks from base of antenna support structure.
If a new antenna support structure is constructed (as opposed to mounting
the antenna on an existing structure), the minimum distance between
the base of the support structure and property lines shall be not
less than the height of the proposed new support structure and in
all cases meet or exceed the applicable setback distances provided
in the Schedule of District Regulations for the district in which
the site is located. All guy-wire anchors and accessory facilities
shall be set back in accordance with the applicable setback distances
provided in the Schedule of District Regulations for the district
in which the site is located.
[6]
Antenna support structure safety. The applicant
shall demonstrate that the proposed antenna and support structure
are safe and that the surrounding areas will not be negatively affected
by support structure failure, falling ice or other debris. All support
structures shall be fitted with anticlimbing devices.
[7]
Fencing. The Planning Board may require that
a fence shall be erected around the antenna support structure and
other equipment, unless the antenna is mounted on an existing structure.
The fence shall be a minimum of eight feet in height.
[8]
Landscaping. In the event the base of the facility
is visible from an inhabited residential property, the Planning Board
may require landscaping to screen the base of the facility. Building
materials, colors and textures of associated facilities shall blend
with the natural surroundings to the greatest extent possible. The
Planning Board may permit any combination of existing vegetation,
topography, walls, decorative fences or other features instead of
landscaping. If the antenna is mounted on an existing structure, and
other equipment is housed within such existing structure, landscaping
shall not be required. In addition, existing vegetation on and around
the site shall be preserved, if possible.
[9]
Other users. In order to reduce the number of
antenna support structures needed in the community in the future,
the proposed structure shall be designed to support commercial co-location
and the owner/operator thereof shall be required to allow other users,
including other personal wireless service providers and local municipal,
fire, police, ambulance and emergency services that are based in the
Town to utilize the proposed antenna support structure.
[10]
Licenses. The applicant shall demonstrate to
the Planning Board that it has obtained any required licenses from
the Federal Communications Commission, the State of New York and any
other agencies having jurisdiction over the antenna.
[11]
Access and parking. An access drive and parking
area shall be provided to afford adequate emergency and service ingress
and egress to the antenna. The Planning Board may require such access
drive and parking area to be constructed to such standard as it deems
reasonable, taking into consideration the length and slope of such
access drive. Use of existing access drives shall be preferred.
[12]
Lighting, color and camouflaging. No antenna
and no antenna support structure shall be artificially lighted except
when required by the Federal Aviation Administration (FAA). In order
to reduce visual impact, antenna support structures shall be painted
gray or have a galvanized finish retained above the surrounding tree
line, and shall be painted gray, green or black below the surrounding
tree line unless otherwise required by the FAA. The Planning Board
may require camouflaging, the use of stealth techniques and/or impose
other conditions as may be required to minimize visual impacts, including
but not limited to requiring the antenna support structure to be in
the shape of a tree, flagpole, church steeple or other similar tall
structures.
[13]
Surety requirement. Prior to issuance of a building permit, the applicant shall provide financial security to the Town by a surety acceptable to the Town Board and in an amount and form acceptable to the Town Board to ensure full and complete performance of all conditions imposed by the Planning Board as a requirement of the special use permit, including but not limited to adequate construction of the facility and its access road, the proper installation and maintenance of all required landscaping and screening, and to ensure removal of the facility, including removal of all antennas, their support structures and restoration of the site upon abandonment or discontinuance of use thereof. Proof of continuation of such financial security shall be submitted annually to the Town. Failure to continually maintain such financial security in full force and effect shall constitute an event of abandonment and/or discontinuance of the facility under §
50-21D(17)(d) below.
[14]
Monitoring and maintenance. All antennas, their support structures and accessory facilities shall be maintained in good condition, including, but not limited to, structural integrity, painting, maintenance of stealth technology camouflaging and maintenance of buffer areas and landscaping. Failure to monitor and maintain the antennas, their support structures and accessory facilities in accordance herewith shall constitute an event of abandonment and/or discontinuance of the facility under §
50-21D(17)(d) below.
[15]
Liability insurance. Prior to commencing any work to develop the site and/or erect and install the antenna and its support structure, the applicant, owner or operator shall submit to the Town proof of liability insurance covering the facility in an amount not less than $1,000,000, which coverage shall be continually maintained at all times that the antenna, the support structure and the accessory facilities are present upon the site. Failure to maintain the liability insurance in accordance herewith shall constitute an event of abandonment and/or discontinuance of the facility under §
50-21D(17)(d) below.
(d)
Necessity of actual use; effect of abandonment
and/or discontinuance.
[1]
No antenna support structure shall be erected
and no building permit shall be issued therefor unless and until the
Town is provided proof that the owner/operator thereof has a binding
agreement with a service provider to install and operate a working
antenna thereon.
[2]
Any special use permit issued pursuant to this §
50-21D(17) shall expire 18 months after approval by the Planning Board unless the approved antenna support structure has been completely erected and a working antenna has been installed thereon that is actually providing service through a recognized carrier, proof of which shall be required before a certificate of occupancy or compliance may be issued. The Planning Board may extend the foregoing time period upon a showing of reasonable cause.
[3]
Any antenna on a support structure approved pursuant to this §
50-21D(17) that is not operated for a continuous period of 12 months shall be considered abandoned and the owner thereof shall physically remove such antenna and its support structure within 90 days of the giving by the Town of a written notice to the owner of the antenna and support structure to remove after a public hearing and opportunity for the owner of the antenna and support structure to be heard. The notice of such public hearing shall be given by personal delivery or by certified mail or by a recognized next-day delivery service such that it is received by the owner of the antenna and support structure at least 10 days prior to such hearing. Physical removal shall include, but not be limited to, removal of all antennas, the support structure in its entirety, all associated facilities and fencing, and restoration of the site to its original condition with the exception of grading, underground facilities and foundations and landscaping. Upon failure to physically remove any such antenna and its support structure within the time provided, the Town shall be deemed authorized by virtue of the application for and acceptance of the special use permit to enter upon the site, effect such physical removal and restoration and charge back the cost of removal and restoration to the surety who posted the security required pursuant to §
50-21D(17)(c)[13] above, and/or the owner/operator of the antenna and its support structure, and/or the operators of all antennas placed thereon, and/or the owner of the property on which the same is situate, together with all costs and expenses incurred by the Town in connection therewith, including reasonable attorneys' fees.
(18) Amateur radio communications towers.
[Added 1-23-2008 by L.L. No. 1-2008]
(a)
Purpose and intent. The purpose of this §
50-21D(18) is to establish regulations for the siting of amateur radio communications towers in order to accommodate such equipment as required by the Federal Communications Commission Order dated September 16, 1989, known as PRB-1, while protecting the public against any adverse impacts on aesthetic resources, assuring public safety and welfare, minimizing visual impacts through proper design, siting and screening, and avoiding potential physical damage to adjacent properties.
(b)
Definition. As used herein, the following term
shall have the meaning indicated:
AMATEUR RADIO COMMUNICATIONS TOWER
A structure or series of structures, attached to or not attached
to a building, which are used in the transmission of amateur radio
communications.
(c)
Application requirements. The applicant for a special use permit shall be required to provide the following information in addition to the information required in §
50-22 of this chapter:
[1]
A scaled plan or drawing of the proposed amateur
radio communications tower, with design data, certified by a licensed
professional engineer or the manufacturer that such tower meets or
exceeds the current specifications of the Electronics Industry Association
guidelines or the Telecommunication Industry Association guidelines.
[2]
Satisfactory evidence that such tower shall
be constructed to meet all regulations established in the New York
State Uniform Fire Prevention and Building Code.
[3]
A plot plan prepared by a licensed land surveyor
or licensed professional engineer showing the lot or parcel upon which
such tower is to be erected and showing the location of all structures
on the lot or parcel, any and all easements and the location of the
proposed tower.
[4]
Proof that the applicant, who must be the property owner or a lawful occupant of the property, is an amateur radio operator duly licensed by the Federal Communications Commission. If the license holder is not the owner of the property, the property owner must, in writing, authorize and join in the application and acknowledge that he, she or it is bound by the requirements of this §
50-21D(18).
[5]
Proof of liability insurance specifically covering
the proposed tower in an amount not less than $1,000,000.
(d)
Planning Board review criteria. The Planning
Board, in reviewing the application for a special use permit for an
amateur radio communications tower, shall be guided by the following
standards:
[1]
The proposed tower must meet accepted engineering
standards for towers of such type and use, including wind-load requirements
for such structures.
[2]
Whenever possible, the tower shall be to the
rear of the lot or parcel.
[3]
The proposed tower, including all masts and
antennas, shall not exceed a height of 50 feet above ground level
unless the applicant demonstrates by reliable scientific evidence
that reasonable radio frequency strength cannot be achieved in the
absence of a greater height. In the event such showing is made by
the applicant, the height shall not exceed that which is necessary
to achieve reasonable radio frequency strength.
[4]
There shall be no more than one tower upon such
lot or parcel.
[5]
No part of the tower, including stays and guy
or supporting wires, shall be in violation of the setback requirements
prevailing in the district in which the lot or parcel on which it
is to be erected is located. In any event, the tower itself shall
be set back from all property lines not less than the height of the
tower, including all masts and antennas.
[6]
If the base of a ground-based tower is visible
from any public right-of-way or from adjacent property, reasonable
screening may be required.
[7]
No tower may be located on or within conservation
easements, drainage easements, public utility easements or within
any reserved open space.
[8]
The licensed amateur radio operator shall be
required to maintain on file with the Town Code Enforcement Officer
a copy of his or her current valid Federal Communications Commission
license and all renewals thereof.
[9]
It shall be a condition of any approved site
plan that the applicant and property owner authorize the Town Code
Enforcement Officer or his designee to enter upon the premises at
any reasonable time for the purpose of inspecting the tower for its
construction, stability and maintenance.
[10]
Co-location of personal wireless service facilities
on an amateur radio communications tower shall be prohibited.
(e)
Approvals. The federal government has determined that amateur radio communications towers and the activities of a licensed operator are beneficial to the public health, safety and general welfare of the community. Accordingly, provided that the proposed tower meets the requirements of this §
50-21D(18), the special use permit application shall be approved, with such reasonable conditions as the Planning Board may impose in accordance with Subsections
D(18)(c) and
(d) above.
(f)
Abandonment and removal. By applying for the
special use permit, the applicant and the property owner agree and
shall be obligated to remove the tower and restore the lot or parcel
to its original state upon the sale, transfer or conveyance thereof
and/or upon the nonrenewal or revocation of the Federal Communications
Commission license upon which the special use permit was granted and/or
upon the termination of occupancy of the lot or parcel by the holder
of the Federal Communications Commission license upon which the special
use permit was granted.
(19)
Small wind energy facilities.
[Added 3-24-2010 by L.L. No. 1-2010]
(a)
Special use permit review and approval shall not be required
for small wind energy facilities where the total height of the wind
turbine(s) associated with such facility is 35 feet or less, the rated
capacity of such wind turbine(s) is less than 10 kilowatts and the
required front, rear and side yard setbacks set forth under the Schedule
of District Regulations will be met. Additionally, in the event that
in-kind replacement of a small wind energy facility or wind measurement
tower is to be undertaken, the Code Enforcement Officer shall be notified
prior to any such replacement. The Code Enforcement Officer may approve
such in-kind replacement or refer the applicant to the Planning Board
to determine whether special use permit approval must first be obtained.
(b)
As used in §
50-21D(19) of this chapter, the following terms shall have the meanings indicated:
ACCESSORY FACILITIES OR EQUIPMENT
Any structure other than a wind turbine, related to the use
and purpose of deriving, collecting or distributing energy from such
wind turbines, located on or associated with a small wind energy facility.
PERMIT
A special use permit issued pursuant to §
50-21 of this chapter granting the holder the right to construct, maintain and operate a small wind energy facility.
SETBACK AGREEMENT
Any agreement, contract, easement, covenant or right in land
which burdens land for the benefit of an applicant or permitee, such
that the burdened land is similar in character to land on which a
small wind energy facility may be sited. A setback agreement must
expressly release any right which the owner(s) of such burdened land
may have in the enforcement of this chapter, and acknowledge the applicable
requirements of this chapter. All setback agreements shall run with
the land and be recorded to apprise any potential purchasers of such
land of the same for at least as long as any permit issued under this
chapter shall remain in effect. In the event a setback agreement lapses
prior to full decommissioning of the small wind energy facility, the
previously burdened land shall be considered off site and the owner
of the facility or tower shall be required to bring the project into
conformance with the requirements of this chapter.
SITE
The parcel(s) of land where a small wind energy facility
is to be placed. The site can be publicly or privately owned by an
individual or a group of individuals controlling single or adjacent
properties. Where multiple lots are in joint ownership, the combined
lots shall be considered as one for purposes of applying setback requirements.
Any property which has a small wind energy facility or has entered
an agreement for said facility or a setback agreement shall not be
considered off-site.
TOTAL HEIGHT
The highest point above ground level of any improvement related
to a small wind energy facility or wind measurement tower. Total height
as applied to wind turbines shall include the highest point of any
wind turbine blade above the tower.
WIND TURBINE
A wind energy conversion system consisting of a tower, nacelle
and associated control or conversion electronics and equipment contained
within or atop the tower.
(c)
In addition to the requirements of §§
50-20 and
50-21A through
C of this chapter, applications for a small wind energy facility permit shall include:
[1]
A site plan prepared by a licensed professional engineer, including:
[a] Property lines and physical dimensions of the Site;
[b] Location, approximate dimensions and types of existing
structures and uses on the Site, public roads, and adjoining properties
within 500 feet of the boundaries of any proposed wind turbines, or
two times the total height of such wind turbines, whichever shall
be greater;
[c] Location of each proposed wind turbine and accessory
facilities or equipment;
[d] Location of all above- 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
chapter;
[f] All other proposed facilities, including, without
limitations, access roads, electrical substations, storage or maintenance
units, and fencing; and
[g] Such other information as may be required by the
Planning Board.
[2]
The proposed make, model, picture and manufacturer's specifications
of the proposed wind turbine and tower model(s), including sound pressure
level 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.
[3]
An operations and maintenance plan providing for regular periodic
maintenance schedules, any special maintenance requirements and procedures.
[4]
List of property owners, with their mailing address, within
500 feet of the perimeter of the proposed site.
(d)
Environmental review.
[1]
Compliance with the State Environmental Quality Review Act ("SEQRA")
shall be required.
[2]
Applicants shall submit Part 1 of a full environmental assessment
form.
(e)
Setbacks, noise and height limits
[1]
Small wind energy facility wind turbines shall be set back no
less than the total height of the wind turbine and 25 additional feet
from structures on site or off site, off-site property boundaries
and public roads.
[2]
Except as provided herein, the sound pressure level generated
by a small wind energy facility shall not exceed more than 10 decibels
above background levels at off site property boundaries. This shall
be the only project operation phase noise requirement applicable to
a small wind energy facility, except that the Planning Board may impose
appropriate additional requirements as conditions of the special use
permit.
[3]
The setback and noise requirements set forth at § 50-21D(19)(1-3)
of this chapter shall not apply in the event that a proper setback
agreement is obtained by the permittee or applicant, or if the property
is on site.
[4]
Small wind energy facility wind turbines with a nameplate capacity
of 10 kilowatts or less shall not exceed 125 feet in total height.
small wind energy facility wind turbines with a nameplate capacity
of more than 10 kilowatts but not exceeding 25 kilowatts shall not
exceed 145 feet in total height.
(f)
Required site safety measures for small wind energy facilities
[1]
All wind turbines shall have a 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 or fenced
to prevent unrestricted public access to the facilities.
[3]
Warning signs shall be posted at the base of each tower warning
of electrical shock or high voltage and containing emergency contact
information.
[4]
Unless fenced with an eight-foot tall barrier fence, 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 small wind
energy facility.
(g)
Issuance of small wind energy facility permits and certificates
of conformity.
[1]
If any approved small wind energy facility is not substantially
commenced within two years of issuance of the permit, the permit shall
expire unless the Planning Board shall have granted an extension.
[2]
Upon commissioning of the project, which for purposes of small
wind energy facilities shall mean the conversion of wind energy to
electrical energy for on-site use or distribution to the electrical
grid, the Code Enforcement Officer shall determine whether the project
is in compliance with the special use permit. If the Code Enforcement
Officer determines the project is in compliance with the permit, a
certificate of conformity shall be promptly issued to the permittee.
(h)
Abatement. If any wind turbine stops converting wind energy into electrical energy and/or distribution of that energy for on-site use or transmission onto the electrical grid for a continuous period of four months, the applicant / permittee shall remove said system at its own expense following, if applicable, the requirements of the decommissioning plan required under §
50-21D(19) of this chapter or any permit. Additionally, within no less than 10 days after such lapse in operation, the Town shall be notified of the cessation of electrical energy production/distribution.
(i)
Permit revocation. All small wind energy facilities shall be maintained in operational condition at all times, subject to reasonable maintenance and repair outages. Operational condition includes meeting all noise and sound pressure level requirements and other permit conditions. Should a wind turbine become inoperable, or any part of a 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. This shall in no way extend or toll any time periods set forth under §
50-21D(19)(h) above.
(j)
Fees.
[1]
The Town Board shall have authority to establish a special use
permit application fee for small wind energy facilities by resolution.
[2]
In addition to any fees collected, the Town may hire any consultant and/or experts necessary to assist the Town in reviewing and evaluating permit applications, including but not limited to site inspections, the construction and modification of the site once permitted, and any requests for certification or recertification that the project is in conformity with the permit or §
50-21D(19) of this chapter. An applicant shall deposit with the Town funds sufficient to reimburse the Town for all reasonable costs of consultant and expert evaluation and consultation to the Town in connection with the review of the application.
(k)
Waivers and immaterial modifications.
[1]
The Planning Board may, after a public hearing held upon at least 10 days advanced published notice and written mailed notice to owners of property located within 500 feet of the site, grant a waiver from the strict application of the provisions of §
50-21D(19) of this chapter to improve the quality of any small wind energy facility and to better protect the health, safety and welfare of the Town. Numerical limitations including setbacks, noise requirements and height limits shall not be waived by the Planning Board except as described at §
50-21D(19)(e) of this chapter.
[2]
The Planning Board shall consider the impact of the waiver on
the neighborhood, including the potential benefits or detriment to
nearby properties, the benefits or detriments to the applicant, feasible
alternatives and the magnitude of the request. The Planning Board
may attach such conditions as it deems appropriate to waiver approvals
to ensure that such waiver adequately protects the public health,
safety and welfare.
[3]
Unless expressly limited by a condition imposed in the permit,
the Code Enforcement Officer may, during project construction, allow
immaterial modifications to the design of the project as represented
in the final set of site plans reviewed and considered by the Planning
Board. Such immaterial modifications shall only be allowed, if at
all, in response to a written request by the applicant or permittee.
All such requests shall be submitted in writing, addressed to the
Code Enforcement Officer, with copies to the Chairman of the Planning
Board or other Town designee, and the Town's designated consultants.
[4]
Immaterial alterations shall only include a change in the location, type of material or method of construction of a small wind energy facility that will not result in any material increase in any environmental impact of the project as compared to the impacts reviewed and accepted for the project by the Town Planning Board; cause the project to violate any applicable setbacks or other requirements of §
50-21D(19) of this chapter; or cause the project to not conform to the SEQRA determination or findings issued by the Planning Board. The applicant or permittee shall be required to acknowledge to the Town in written form that the requested modification is immaterial in accordance with the requirements of this section. At the request of the Town designee, Planning Board, Town's designated consultants or the Town Board, the Town may commission appropriate analyses to verify this acknowledgement, and the cost of any such analysis shall be paid in accordance with §
50-21D(19)(j) of this chapter.
E. Waiver of mobile home standards.
[Added 9-9-2020 by L.L. No. 2-2020]
(1) The Town Board shall have the power, following a determination by the Code Enforcement Officer, to grant a waiver from the provisions of §
50-21D(9)(b)[1] or
[2].
(2) The burden of proof in connection with all matters relating to a waiver under this Subsection
E shall be wholly with the applicant.
(3) The Town Board shall keep minutes of its proceedings held pursuant to this Subsection
E and shall record the vote of each member on a waiver request, or if absent or failing to vote, indicating such fact, and shall keep records of its actions.
(4) The
Town Board shall have the authority to call upon any department, agency
or employee of the Town for such information or assistance as shall
be deemed necessary to review the waiver request. Such department,
agency or employee shall be reimbursed for any expense incurred in
providing such assistance.
(5) The affirmative vote of a majority of the members of the Town Board shall be necessary to grant a waiver under this Subsection
E.
(6) A waiver request shall be made within 60 days after the determination by the Code Enforcement Officer that a mobile home fails to meet the standards set forth in §
50-21D(9)(b)[1] or
[2] or within 60 days of the effective date of this Subsection
E for determinations made prior to such effective date.
(7) The Town Board shall fix a reasonable time for hearing a waiver request under this Subsection
E and give notice thereof by publication in a newspaper of general circulation in the Town of a notice of such hearing, at least five days prior to the date thereof. In addition, the Town Board shall cause notice of such hearing to be provided to the owners of property within 500 feet of the parcel upon which the mobile home subject to the waiver request is proposed to be installed as identified by the latest assessment roll of the Town. All costs associated with providing such notice shall be borne by the person seeking the waiver.
(8) The
Town Board shall decide the appeal within 62 days after conduct of
the hearing on the waiver request.
(9) The
decision of the Town Board on the waiver request should be filed in
the office of the Town Clerk within five days of the day such decision
is rendered and a copy thereof mailed to the applicant.
(10) In
making its determination on the waiver request, the Town Board shall
consider all information relevant to the mobile home subject to the
waiver request. The Town Board may request the Town Engineer inspect
the mobile home subject to a waiver request and provide the Town Board
with a report on the condition of the mobile home. In the event the
Town Board engages the Town Engineer to make an inspection and render
a report, the cost thereof shall be borne by the applicant.
(11) The
Town Board shall have the authority to impose reasonable conditions
and restrictions on a grant of a waiver.
(12) In
no event shall a waiver be granted for a mobile home manufactured
prior to January 1, 1978.
(13) Any
person or persons, jointly or severally, aggrieved by the decision
of the Town Board on a waiver request may apply to the Supreme Court
for review by a proceeding under Article 78 of the Civil Practice
Law and Rules. Such proceeding shall be instituted within 30) days
after filing the decision by the Town Board on the waiver request
in the office of the Town Clerk.