Crawford City Zoning Code
ARTICLE IV
Supplemental Regulations
§ 137-12 General intent.
Within any district, a building, structure or lot shall only be used for one or more of the uses indicated in Article III. Furthermore, each such use shall be in accordance with the regulations of the specific district in which it is located. Buildings and structures shall comply with all applicable provisions of this chapter and the New York State Uniform Fire Prevention and Building Code.
§ 137-13 Supplemental regulations for permitted uses.
[Amended 10-12-2000 by L.L. No. 3-2000; 5-8-2003 by L.L. No. 2-2003; 5-13-2004 by L.L. No. 3-2004; 5-21-2020 by L.L. No. 2-2020; 11-20-2025 by L.L. No. 7-2025]
A.
Agricultural operations. The following supplemental regulations for permitted uses apply to agricultural operations:
(1)
Adequate fencing shall be provided and maintained at the property owner's expense to restrain and contain all livestock.
(2)
Minimum area requirements for domestic animals shall be as follows:
(a)
For the keeping of not more than two domestic animals, other than dogs or cats, or not more than 25 fowl, at least 80,000 square feet shall be required.
(b)
One additional domestic animal may be kept for each additional 40,000 square feet.
(c)
The requirements of this subsection do not apply to farms of 25 acres or more.
(3)
Any building or structure used to house or stable animals shall be at least 100 feet from all property lines.
(4)
Barnyards, silos, barn gutters, animal pens, and any building or structure used to house or stable animals shall be at least 100 feet from water wells.
(5)
Manure piles shall be at least 200 feet from water wells.
B.
Public garages and filling stations. The following supplemental regulations for permitted uses apply to public garages and filling stations:
(1)
No major repair work shall be performed out of doors.
(2)
Pumps, lubricators and other devices shall be located at least 25 feet from existing street rights-of-way.
(3)
Tanks for fuel, oil or similar substances shall be stored underground or at least 50 feet from any lot line.
(4)
Dismantled vehicles (not to exceed two per lot) shall be stored within a fenced area and shall not be visible from ground level on adjacent lots or a public street.
C.
Warehouses and wholesale businesses. Supplemental regulations for permitted uses in warehouses and in wholesale businesses are that all goods and merchandise shall be kept within or at the rear of the building(s).
D.
Industry. Supplemental regulations for permitted uses in industry are as follows:
(1)
No outdoor processing of materials shall take place.
(2)
No vibration, heat or glare shall be permitted beyond the property line of the lot on which the generating use is located.
(3)
No use shall, for any period of time, emit or discharge across the property line of the lot where it is located any toxic or noxious matter, including but not limited to smoke, dust, odor, radioactivity or electromagnetic disturbances, in such concentrations as to be detrimental to or endanger the public health or safety or to cause injury to property or business.
F.
Uses within the Hamlet of Pine Bush. Sidewalks shall be required along public streets or highways for all uses hereafter approved by the Planning Board, Zoning Board of Appeals and/or Building Department in the CH Center Hamlet, BP Business Park, R Residential, RM Multiple Residence and I Industrial Zones in or about the Hamlet of Pine Bush:
G.
Day-care centers.
(1)
Driveways shall be located such that sight distance is sufficient to afford safe ingress and egress for the posted speed limit or a speed equal to 85% of the actual average speed, whichever is greater, for the relevant section of road.
(2)
Where practicable, day-care centers shall be provided with a one-way traffic flow. Pedestrian circulation areas should, where practicable, avoid crossing traffic circulation ways. Dropoff areas are encouraged, and temporary vehicular standing areas may be sited near the building entry. If such areas are provided, they shall be situated so as to avoid creating conflicts with entering and exiting traffic and with internal vehicular and pedestrian circulation.
(3)
Outdoor play areas shall be provided and shall be located in side or rear yard areas. Such outdoor play areas shall be enclosed by secure fencing at least four feet high unless it can be demonstrated to the satisfaction of the Planning Board that such fencing is not necessary for the protection of health and safety. Outdoor play areas shall include areas for play equipment and/or open yard areas for unstructured play. Outdoor play areas shall not exceed a slope of 10%. Play areas shall not be sited across a street or vehicular circulation area from the building.
(4)
Buffer landscaping and/or fencing may be required where deemed necessary by the Planning Board to screen and protect outdoor play areas from dust, dirt or noise or to screen and protect adjacent properties from any site-generated noise. If buffer landscaping is provided, it shall be densely planted so as to create a virtually opaque screen within two years after installation. If buffer fencing is provided, it shall provide opaque coverage and shall be situated with the finished side facing outward from the site. If provided, buffer fencing shall not exceed six feet in height. However, in no case shall fencing or buffer landscaping be located so as to interfere with sight distance into or out of the site driveway(s). Buffer landscaping and/or fencing shall be maintained to preserve the intended function and to preserve a well-kept, attractive appearance.
(5)
Adequate off-street parking shall be provided to meet the reasonable needs of the facility. At a minimum, one space per staff member shall be provided, with one additional parking space per six children enrolled during the same time period.
H.
Veterinary offices. The following supplemental regulations for permitted uses apply to veterinary offices:
(1)
Outdoor animal runs, kenneling and/or overnight boarding shall be prohibited, unless specifically authorized as an accessory use by special permit issued pursuant to Article V of this chapter.
(2)
To the extent necessary, references to "medical office" in this chapter in any related definitions shall be construed to include veterinary offices where applicable. The Code Enforcement Officer and Planning Board shall apply this subsection to effectuate the intent of this chapter.
§ 137-14 Supplemental regulations for accessory uses.
A.
Flea market for social organizations. The following supplemental regulations for accessory uses shall apply to flea markets for social organizations.
(1)
A maximum of two flea markets per year shall be permitted for any social organization.
(2)
A flea market shall only be conducted pursuant to a permit issued by the Building Inspector which sets forth the date(s), place, hours of operation and any special conditions deemed necessary by the Building Inspector.
(3)
A flea market shall be limited to a maximum of three successive days.
(4)
Permit fees shall be established pursuant to a resolution of the Town Board.
B.
Garage sale incidental to residence. The supplemental regulations for flea markets for social organizations shall apply to these sales.
C.
Home occupations. The following supplementary regulations shall apply to home occupations:
D.
Seasonal roadside stands. The following supplemental regulations for accessory uses shall apply to seasonal roadside stands:
E.
Trucks, boats, utility and other trailers, recreational vehicles, and agricultural equipment. The use, storage or parking of trucks, boats, utility and other trailers, recreational vehicles, and agricultural equipment is regulated in all zoning districts as provided below:
[Added 5-8-2003 by L.L. No. 2-2003]
(1)
Unenclosed parking. One each of the following types of vehicles — truck, boat, utility or other similar trailer, or recreation vehicle — may be parked unenclosed on a lot occupied by a residence, provided that such parking does not take place within the required yards of such lot or between the street line and the principal building, and further provided that the vehicle shall not be used for any purpose while so parked. Pickup trucks below 12,400 pounds gross vehicle weight are excluded from this limitation if maintaining a current registration in the name of a person who resides on the lot.
[Amended 5-13-2004 by L.L. No. 3-2004; 10-21-2010 by L.L. No. 1-2010]
(2)
Agricultural equipment. Lands in active agricultural use shall be exempt from the limitations established in Subsection E(1), except that hay wagons, when not in use, shall not be parked between the street line and the principal building.
(3)
Enclosed parking. Additional trucks, boats, trailers or recreational vehicles used for a noncommercial purpose may be parked or stored within a private garage on an occupied lot in any residence district.
[Amended 5-13-2004 by L.L. No. 3-2004]
(4)
The provisions of this Subsection E shall apply to all such vehicles, trailers and equipment, including claimed existing, or preexisting, storage and parking, unless the specific storage or parking area has been previously approved by written determination of the Planning Board, Zoning Board of Appeals or Building Inspector.
(5)
Where the Planning Board has approved a site plan or subdivision plat for a lot or use and such site plan or plat shows vehicle parking or storage areas, the parking or storage of vehicles must comply with the approved site plan or plat.
F.
Structures with no permanent foundation and small buildings. Structures with no permanent foundation and buildings with floor area of 200 square feet or less are permitted, provided that:
[Added 5-8-2003 by L.L. No. 2-2003, amended 5-13-2004 by L.L. No. 3-2004]
(1)
No part of such structure or building is sited within the required front yard.
(2)
All parts of such structure or building are set back at least five feet from all other property lines.
(3)
The structure or building shall be properly secured to the ground so as to avoid any safety hazard.
(4)
No more than two such structures per lot are permitted.
(5)
The maximum height of such structure is 12 feet.
G.
Structures mounted on permanent foundations and larger buildings. Garages, outbuildings and other structures mounted on permanent foundations and buildings with a floor area greater than 200 square feet are permitted, provided that:
[Added 5-8-2003 by L.L. No. 2-2003; amended 5-13-2004 by L.L. No. 3-2004]
(1)
No part of such structure or building is sited within the required front yard.
(2)
[1]Any such structure or building shall be subject to the same side yard and rear yard setback requirements that apply to a principal building in the particular zoning district.
[Added 10-17-2013 by L.L. No. 3-2013]
[1]
Editor's Note: Former Subsection G(2), regarding setbacks, was repealed 10-21-2010 by L.L. No. 1-2010.
H.
Fences. Fences are a permitted accessory use to all uses, subject to the following restrictions:
[Added 5-8-2003 by L.L. No. 2-2003]
(1)
Finished side. The finished side of all fences, except livestock fences, shall face out toward abutting properties.
(2)
Location. Fences may be placed on a property line, except that a fence higher than four feet shall be set back a minimum of three feet from the property line. Notwithstanding the foregoing, no fence shall be placed within a public road right-of-way.
(3)
Sight distance. No fence shall be placed so as to create a sight distance restriction to traffic visibility on any road or driveway.
(4)
Height. In all zoning districts, fences shall be no higher than six feet, except for livestock fences, which may be eight feet. The Planning Board may expressly waive this limitation as part of its approval of a site plan.
(5)
Construction. Fences shall be constructed of customary and typical fence materials, such as wooden or metal posts and wires or boards.
I.
Storage containers. The use of metal containers, such as shipping containers, for storage or other purposes is incompatible with all land uses in all districts in the Town of Crawford. The temporary limited use of such shipping containers may be authorized by the Zoning Board of Appeals for storage purposes, but only where other means of storage is not feasible and the containers will not be visible off site. Where such temporary limited use approval is granted, the Zoning Board of Appeals may impose reasonable requirements, including the posting of a bond, to ensure removal of the containers after the temporary use period has expired.
[Added 5-8-2003 by L.L. No. 2-2003]
J.
Accessory garages in residence zoning districts. The following supplemental regulations apply to accessory garages in residence zoning districts:
[Added 5-13-2004 by L.L. No. 3-2004]
(1)
All garages located in a residence zoning district must be an accessory use and must be located on the same lot as the residential dwelling unit to which the garage is accessory.[2]
[2]
Editor’s Note: Former Subsection J(2), regarding the height of a detached garage, which immediately followed this subsection, was repealed 10-21-2010 by L.L. No. 1-2010. Former Subsection J(3), which had immediately followed Subsection J(2), was repealed 1-13-2005 by L.L. No. 1-2005.
K.
Accessory construction building and signs in nonresidence zoning districts. One sign for each road frontage to promote a property during site construction and one building to aid in construction shall be permitted in all nonresidence zoning districts subject to the following:
[Added 5-13-2004 by L.L. No. 3-2004]
(1)
The sign(s) and building shall be permitted only during construction, only while a valid building permit for the principal building is in effect and for a maximum time period of six months, which time period may be extended by the Building Inspector upon timely application.
(2)
The sign(s) and building must comply with all applicable laws and regulations and must be authorized by permits issued by the Building Inspector.
(3)
No certificate of occupancy for any principal building or use shall be issued until the accessory sign(s) and building are removed from the property.
L.
Outdoor furnaces.
[Added 10-15-2009 by L.L. No. 2-2009]
(1)
Although outdoor furnaces may provide an economical alternative to conventional heating systems, there is legitimate concern regarding the safety and environmental impacts of these heating devices, particularly the production of offensive odors, smoke and soot, and the potential health effects of uncontrolled emissions. The permit for such uses is intended to ensure that outdoor 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.
(2) FIREWOOD OUTDOOR FURNACE UNTREATED LUMBER
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
Trunks and branches of trees, but not including leaves, needles, vines or brush smaller than three inches in diameter.
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 in order to produce heat or energy used as a component of a heating system providing heat for any interior space.
Dry wood which has been milled, but which has not been treated or combined with a petroleum product, chemical preservative, glue, adhesive, stain, paint or other substance.
(3)
Except as provided in § 137-14L(4), no person shall cause, allow or maintain the use of an outdoor furnace within the Town of Crawford without having first obtained a permit from the Code Enforcement Officer. Notwithstanding any provision in this chapter to the contrary, site plan approval by the Planning Board shall not be required.
(4)
Any outdoor furnace lawfully installed and lawfully in operation on or before October 15, 2009, and complying with applicable zoning, air quality regulations, Town building code requirements, New York State Uniform Fire Prevention and Building Code and Energy Conservation Construction Code, 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 L. However, notwithstanding the foregoing, upon the effective date of this Subsection L, the provisions of this § 137-14L(4) and § 137-14L(7) and (8) shall immediately apply to existing outdoor furnaces. If the owner of an existing outdoor furnace does not register the device with the Code Enforcement Officer within 60 days of the effective date of this Subsection L, the outdoor furnace shall be removed.
(5)
Location requirements.
(a)
Outdoor furnaces shall be set back not less than 150 feet from the nearest lot line.
(b)
Outdoor furnaces shall not be installed or operated within 200 feet of a residence, other than the residence being heated by the outdoor furnace or an accessory residence located on the same lot.
(c)
Outdoor furnaces shall not be installed or operated within 500 feet of a building used for a hospital, school, day-care center or nursing home or within 500 feet of a municipal park.
(6)
Installation requirements.
(a)
Outdoor furnaces shall be installed and operated in accordance with manufacturer's specifications and operating instructions, a copy of which shall be provided to the Code Enforcement Officer by the owner upon application for a permit or upon registration of an existing outdoor furnace.
(b)
Outdoor furnaces 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 outdoor furnace on all other sides.
(c)
All outdoor furnaces shall be equipped with a properly functioning spark arrestor and shall have suitable provisions for storage of ash or other waste materials produced by the operation of the outdoor furnace.
(d)
No outdoor furnace shall be closer than 200 feet to the nearest neighboring dwelling. If the outdoor furnace is more than 200 feet to the nearest neighboring dwelling, but less than 500 feet, the height of the chimney for the outdoor furnace shall be at least as high as the peak roof elevation of the neighboring dwelling. If there is an existing outdoor furnace already installed on a lot and thereafter there is new construction of a residence, hospital, school, day-care center or nursing home on an adjacent lot, which new building is less than 500 feet to the existing outdoor furnace, then the owner of such outdoor furnace shall conform to the chimney height requirements of this section within 30 days after the date that construction of the new building is complete and upon written notice from the Code Enforcement Officer.
(7)
Operational requirements. In addition to applicable air quality regulations, Town building code requirements, the New York State Uniform Fire Prevention and Building Code and Energy Conservation Construction Code, outdoor furnaces shall be operated in accordance with the following standards and conditions:
(a)
Only dry, seasoned firewood, untreated lumber or other combustible material recommended by the device manufacturer is permitted to be burned in an outdoor furnace. Burning of any and all other materials in an outdoor furnace is prohibited.
(8)
Suspension of permit or authorization.
(a)
A permit issued pursuant to this Subsection L or authorization to operate an existing outdoor furnace registered with the Code Enforcement Officer may be suspended by the Code Enforcement Officer at his or her sole discretion if any of the following conditions occur:
[1]
Emissions from the outdoor furnaces exhibit greater than twenty-percent opacity (six-minute average) except for one continuous six-minute period per hour or not more than twenty-seven-percent opacity, which shall be determined as provided in 6 NYCRR 227-1.3(b); or
[2]
Malodorous air contaminants from the outdoor furnaces are detectable outside the property of the person on whose land the outdoor furnace is located; or
[3]
The emissions from the outdoor furnace interfere with the reasonable enjoyment of life or property; or
[4]
The emissions from the outdoor furnace cause damage to vegetation or property; or
[5]
The emissions from the outdoor furnace are or may be harmful to human or animal health.
(b)
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 L subject to the penalties provided in § 137-37 hereof.
(9)
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. Outdoor furnaces and any electrical, plumbing or other apparatus or device used in connection with an outdoor furnace 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 L and any applicable federal, state or local ordinances, codes, laws, rules or regulations, the more restrictive or stringent provision or requirement shall prevail.
N.
Wedding receptions and similar special events incidental only to an agricultural operation, winery or other farm operation.
[Added 6-16-2016 by L.L. No. 4-2016]
(1)
Weddings, receptions and similar special events ("special events") shall be permitted as an accessory use to an agricultural operation, winery or other farm operation ("farm operation") in the RA Zoning District after review and approval by the Planning Board. Such special events applications shall be reviewed by the Planning Board in the same manner, and subject to the same procedures and requirements, as a special permit application in order to allow the Planning Board to comprehensively address and regulate the specific facts and circumstances presented by the particular application. The Planning Board shall reasonably streamline that review process.
(2)
No special event permitted or regulated by this subsection shall occur until the owner/operator of the farm operation has applied to and received a special permit from the Planning Board.
(3)
In reviewing a special events permit application, the Planning Board shall consider the type, size, frequency, duration and time of day of the proposed special events; the distance between the special events area and neighboring residences; the potential for noise or other disturbance of neighboring residences; natural screening; parking; driveway(s); vehicular access and number of vehicles; whether food or beverages will be catered or prepared on-site; and any other factor deemed relevant by the Planning Board in its consideration of a particular application, in order to assure that the special events do not adversely affect neighboring properties or the character of the neighborhood. A special permit may be granted for no more than a twelve-month period.
(4)
The applicant shall be required to commit to a maximum number of special events in each three-month period, six-month period and twelve-month period of the special permit. The Planning Board is not required to permit the maximum number of events proposed by the applicant, but rather the Planning Board shall have the authority and discretion to restrict the number of special events during each time period to a number less than that proposed by the applicant. The applicant shall be required to comply with the Planning Board's restriction on the number of events and to comply with all other conditions and restrictions imposed by the Planning Board.
(6)
In addition, the following standards and requirements shall apply:
(a)
The special events must be incidental and subordinate to the farm operation, and the farm operation must remain the principal activity on the property. The special events shall not alter the agricultural character of the applicant's property or the agricultural or residential character of the neighborhood.
(b)
There shall be no more than a maximum of 150 attendees at a special event. Although 150 attendees is the maximum number of attendees permitted, the Planning Board shall have authority and discretion to limit the number of attendees to a lower number than 150 upon its consideration of the specific facts and circumstances presented by a particular application.
(c)
The area(s) where the special events are conducted shall be set back at least 100 feet from all lot lines and at least 250 feet from the nearest residence. The Planning Board may reduce these distance limitations upon consideration of the specific facts and circumstances.
(d)
One designated parking space shall be provided for every two special event attendees, based upon the maximum number of attendees permitted by the Planning Board. Driveway access shall provide adequate ingress and egress for guests' vehicles and emergency vehicles. The Planning Board shall have discretion to determine the appropriate driveway and parking area locations and surface, and shall consider the potential effect of the driveway and parking area locations on neighboring properties and residences. The Planning Board shall have discretion to require a dustless surface for all or a portion of the driveway(s) and parking area.
(e)
Sight distances at the intersection of the site driveway(s) and fronting road and at road intersections leading to and from the site shall be adequate.
(f)
Exterior lighting used for a special event shall contain horizontal cutoff shields and shall be limited to no more than 2.0 footcandles.
(g)
Music shall be permitted, subject to conditions imposed by the Planning Board, including but not limited to establishing the hours during which music may be performed.
(h)
The water supply and wastewater facilities shall be adequate to accommodate the special events. The Board may require the applicant to demonstrate that such facilities are adequate. Although permanent sanitary facilities are preferred, high-end portable trailer bathrooms are permitted. Port-a-potties, such as those typical to a construction site, are prohibited. Sanitary facilities are subject to inspection and approval by the Building Inspector.
(i)
The Planning Board may require the applicant to post a bond to secure the repair of Town road(s) if it appears that the special events at a particular site or sites may cause undue damage or wear to the road(s).
(j)
The special events area and all buildings and vehicular access used for the special events shall comply with all applicable building code, fire code and other regulations.
(k)
The applicant shall obtain all other applicable approvals, such as Department of Health approval, if required.
(7)
A special events special permit shall expire one year after the Planning Board's approval of the special permit. Special events authorized by a special permit shall not be conducted after expiration of the special permit. An applicant may apply to the Planning Board to renew the special permit or to request amendment of the terms and conditions of a special permit. If an applicant seeks renewal of a special permit without change in the terms and conditions, and if no violation notice has been issued related to the special permit and no significant complaints (as determined by the Planning Board) have been made concerning special events conducted on the property, then no application fee shall be charged for a renewal permit. On a renewal application, the Planning Board may waive the public hearing.
(8)
Special permits issued pursuant to this § 137-14N are subject to review, modification and suspension by the Planning Board, as provided in § 137-26C(9).
O.
Ground-mounted small-scale and large-scale solar energy systems are regulated in § 137-25.2.1.
[Added 9-15-2016 by L.L. No. 7-2016; amended 4-20-2017 by L.L. No. 2-2017]
§ 137-15 Exceptions to district regulations.
A.
Height regulations. The height limitations of this chapter may be waived by the Planning Board for flagpoles, spires, belfries, chimneys, skylights, solar collectors, water or cooling towers, elevators or silos when they are a part of a site plan only.
B.
Yard requirements. The following accessory structures may be located in any required yard:
(1)
Chimneys or pilasters.
(2)
Open arbors or trellises.
(3)
Unroofed steps, patios or terraces, provided that the associated structure otherwise complies with the yard requirements of this chapter.
(4)
Awnings or movable canopies not to exceed 10 feet in height.
(5)
Retaining walls, fences or masonry walls which otherwise meet the requirements of this chapter.
(6)
Overhanging roofs not in excess of 10% of the required front yard depth measured from the street line.
C.
Existing lots. A dwelling may be erected as a permitted use on any lot in an RA, R, or RM District which does not conform to the lot area requirements of the Table of Dimensional Regulations, provided that:
[Amended 5-13-2004 by L.L. No. 3-2004]
D.
Existing lots in excess of 40,000 square feet. A dwelling may be erected as a permitted use on any lot in the RA District which is in excess of 40,000 square feet, but does not conform to the lot area requirements of the Table of Dimensional Regulations, provided that:
[Added 5-8-1997 by L.L. No. 4-1997[1]]
(1)
Such lot was lawfully in existence on May 8, 1997, or formal application for subdivision approval of such lot was made on or before May 8, 1997, and thereafter approved by the Planning Board.
(2)
All other provisions of this chapter are complied with. Notwithstanding the foregoing, any existing preapproved lot in excess of 40,000 square feet shall not be required to meet the lot width provisions or the front yard setback requirements of this chapter.
[Amended 3-11-1999 by L.L. No. 1-1999]
[1]
Editor's Note: This local law also provided that it shall supersede any inconsistent provision of the Town Law.
E.
The minimum front yard setback requirement for that portion of a lot that fronts on the rounded portion of a circular cul-de-sac turnaround shall be 75% of the minimum front yard setback requirement listed in the Table of Dimensional Regulations[2] for each respective zoning district.
[Added 1-18-2007 by L.L. No. 2-2007]
[2]
Editor's Note: The Table of Dimensional Regulations is included as an attachment to this chapter.
§ 137-16 Corner lots.
A.
Front yard setbacks and requirements are required for all yards which abut streets.
B.
At all street intersections, no obstruction to vision over 30 inches in height shall be erected on any lot within the triangle formed by the intersecting street lines and a line drawn between points along such street lines 50 feet distant from their point of intersection.
§ 137-17 Signs.
[Amended 9-11-2003 by L.L. No. 8-2003]
A. SIGN SIGN AREA(1) (2) SIGN, ADVERTISING SIGN, COPY-CHANGE SIGN, ELECTRONIC MESSAGE-CHANGE SIGN, INDIRECTLY ILLUMINATED SIGN, INTERNALLY ILLUMINATED SIGN, PERMANENT SIGN, PORTABLE SIGN, WALL SIGN, WINDOW
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any display of lettering, numbering, logos, design, colors, lights, or illumination visible to the public right-of-way, which either conveys a message to the public or intends to advertise, direct, invite, announce or draw attention, directly or indirectly, to a use conducted, events goods, products, services or facilities available.
Includes the surface area of a sign as described below:
When such sign is on a plate or framed or outlined, all of the area of such plate or the area enclosed by such frame or outline shall be included.
When such sign consists only of individual letters, designs or figures engraved, painted, projected or in any manner affixed to the ground or to a structure, the sign area shall be deemed to include the area within which all of the sign material may be inscribed.
Any sign promoting products sold or services provided.
A permanently mounted sign that allows a message to be created and changed from time to time by way of inserting permanent letters into a frame.
A sign or device that displays a message composed of multiple small lighted points that are or may be controlled by electronic mechanism so as to vary its display, either to vary the text of the message itself or the manner in which the lighted message is displayed (e.g., flashing, appearing to move across a screen).
A sign that is illuminated from a shielded light source focusing light onto the sign from the outside, as opposed to internally illuminated signs.
A sign consisting of translucent facing materials with lettering or images and lit from inside by bulbs, tubes, or other light sources. This includes individual letters, designs, or figures consisting of translucent materials that are lit from an internal light source and mounted on the side of a building.
Any sign permanently affixed to the ground or structure.
A sign that is designed to be movable and not structurally attached to the ground, a building, a structure or another sign. Portable signs include but are not limited to those that allow the creation of customized messages by way of inserting letters into a frame.
Any sign that shall be affixed parallel to the wall or printed on the wall of any building in such a manner as to read parallel to the wall on which it is mounted.
Any sign erected, constructed and internally mounted on or in a window or door of a building which is visible from a public area.
B.
General regulations.
(1)
Sign permits.
(a)
No permanent sign, for a new building or new lot, may be constructed, erected or installed unless a sign permit is first approved and issued by the Building Inspector pursuant to site plan approval by the Planning Board. Temporary signs permitted pursuant to Subsection I of this section shall also require a sign permit approved and issued by the Building Inspector prior to installation.
[Amended 5-13-2004 by L.L. No. 3-2004; 1-16-2014 by L.L. No. 1-2014]
(b)
A fee of $10 shall be charged for sign permits.
(2)
Window signs, where permitted, shall not cover more than 50% of the window and shall be placed so as not to obstruct the view inside the building.
(3)
No sign shall be higher than the principal building to which it is accessory.
(4)
Any sign that overhangs a sidewalk shall be installed at least nine feet from the sidewalk to the bottom of the sign. No sign shall project over a public street or over the ingress or egress of a lot.
(5)
Off-premises signs. Signs displaying information on uses, events, goods, products, services or facilities offered at locations other than on the tax lot where the sign is located are prohibited, with the following exceptions:
(a)
General directory or directional signs, subject to approval by the Planning Board, as applicable, for properties with shared access pursuant to § 137-11. General directory or directional signs shall be no larger in area than two square feet and shall include only the name(s) of the establishment and basic directional information in lettering no higher than five inches. Such directory signs are typically internal to the common accessway and are not intended to serve as additional advertising signs, but only to direct the public within a business or industrial park.
[Amended 1-16-2014 by L.L. No. 1-2014]
(b)
Where businesses are using shared access pursuant to § 137-11, limited business signage shall be permitted at the intersection(s) of the shared accessway with the public road in order to reduce a proliferation of signs while still providing reasonable identification, as follows: one sign not more than 10 square feet is permitted identifying the business park name or the name of the primary use(r) of the site. The Planning Board may require lettering on such signs to be at least five inches tall where needed in order to ensure adequate visibility on highways with a posted speed limit greater than 45 miles per hour. In addition to the business park place name sign, an additional sign or signs not collectively totaling more than 10 square feet in size shall be permitted to list up to three tenants or businesses within the business park.
[Amended 1-16-2014 by L.L. No. 1-2014]
(c)
An off-premises business sign may be located on a different tax lot than the tax lot of the place of business, provided that the tax lots are part of the same property held in common ownership.
[Added 8-5-2004 by L.L. No. 6-2004]
(6)
No sign shall be placed on a street name sign, public utility pole, traffic structure or traffic control device, except municipal and emergency services shall be allowed to place directional signs on street name signs. Notwithstanding any other provision of this chapter, any sign placed on a street name sign, public utility pole, traffic structure or traffic control device may be removed by the Building Inspector or his designee without notice to the sign owner.
[Amended 8-14-2008 by L.L. No. 2-2008]
(7)
Where any building, structure or use requires site plan approval, then sign size, design, materials, color and construction, height, location and lighting is subject to review and approval by the Planning Board as part of site plan review. In cases where a sign was not approved as part of a required site plan review, the property owner shall be required to apply for and obtain site plan approval of the proposed or existing unlawful sign(s) pursuant to this chapter. The Planning Board shall review such application and either approve said application or provide comments to the applicant within 30 days after a complete application is made. For all sign applications not otherwise requiring site plan approval pursuant to this chapter, a sign application may be referred by the Building Inspector to the Planning Board for comment. Said Board shall review and respond to the Building Inspector within 30 days.
[Amended 1-16-2014 by L.L. No. 1-2014]
(8)
A permanent sign that lawfully exists and complies with then-existing sign regulations at the date of adoption of this § 137-17 shall be considered a lawful nonconforming sign. However, all such signs must be brought into compliance with this section and any amendments thereto within 10 years of the effective date of this section (the "amortization period"). A nonconforming permanent sign authorized pursuant to a site plan approval granted by the Planning Board shall be exempt from this requirement. A temporary sign existing at the date of adoption of this section shall be brought into compliance with this law or removed within six months after such effective date.
(a)
A sign owner may submit a request to the Town Board to extend the amortization period for a permanent sign. Such request must be made in writing within 60 days prior to the expiration of the amortization period and must include credible evidence establishing that due to specific circumstances the amortization period is unreasonable and will result in a substantial loss of investment. The Town Board may, after consideration of the evidence provided, grant an extension of the amortization period for such sign. The burden of proof lies with the sign owner.
(b)
If any nonconforming sign is abandoned, removed, not maintained, or enlarged during the amortization period, such amortization period as applied to such sign shall immediately terminate, and the sign shall be deemed an illegal sign.
(9)
Internally illuminated signs are discouraged. Indirect sign illumination is encouraged where illuminated signs are permitted pursuant to this chapter.
C.
Prohibitions.
(1)
No sign shall be illuminated in a way that produces excessive glare or hazardous conditions to pedestrian and automotive traffic; nor shall any sign be illuminated so as to cause glare or light spillover onto adjoining properties.
(2)
No sign shall consist of lights that flash or move or appear to move, nor shall any sign consist of nor include any objects attached to the sign that move or appear to move.
(3)
No sign shall be installed or designed such that it may compete with or be mistaken for a traffic sign. This shall include all signs that incorporate any shape that imitates or resembles a traffic sign, or signs that are not official traffic signs that include or bear the words "stop," "caution," "warning," "go slow," "turn back" or similar words.
(4)
All signs must be permanently affixed to a permitted building or structure, or permanently mounted on pole(s) and/or to the ground, except as may otherwise be specifically allowed in this chapter.
(5)
The outlining of a perimeter of a building with lights (except as part of a temporary seasonal display of holiday lighting lasting not longer than 60 days) is prohibited.
(6)
The outlining of a display window with lights, including the outlining of a window with neon or colored light, is prohibited. This shall not be construed to prohibit temporary seasonal display of holiday lighting lasting not longer than 60 days.
(7)
Gas-filled figures or objects, whether tethered to the ground or to any part of a building, are prohibited. This shall not be construed to prohibit the tying of balloons not exceeding 14 inches in diameter to a structure as part of a temporary use extending not more than three consecutive days, except that in no case shall such balloons extend above the height of the building soffit.
(8)
Portable signs, except as otherwise specifically permitted in this chapter, are prohibited. In no case shall any temporary or permanent signs resting on or attached to trailers, parked vehicles or other moveable objects be used as a means to circumvent the provisions of this chapter.
(9)
Electronic message-change signs are prohibited in all districts, and shall not be used under any circumstances, including but not limited to a window sign, as a freestanding sign, or on a building.
D.
Lighting hours. No sign shall be illuminated between the hours of 11:00 p.m. and 6:00 a.m. unless the premises are open for general business during such hours.
E.
Exempt signs. The following signs are exempt from approval and permit requirements, except that, where noted below, size, quantity and other limitations shall apply as indicated for the specific type sign. In addition, maintenance of all signs shall be required and may be enforced in the manner set forth in this chapter.
(1)
House numbers and nameplates (nonilluminated) for each residential dwelling unit, not to exceed two square feet, total all faces, indicating the name of the occupant and/or the location.
(2)
"No Trespassing," "No Dumping," "No Hunting" or similar signs not to exceed 1 1/2 square feet in area per sign, spaced evenly along the property, spaced no closer than 250 linear feet as measured along the property line; however, one such sign will be permitted on each side of the property regardless of spacing.
(3)
Nonilluminated directional or instructional signs as reasonably necessary to provide direction or instruction and located entirely on the property to which they pertain, signs identifying rest rooms, public telephones or walkways, or signs providing direction, such as parking lot entrances and exit signs and those of similar nature, except that where the project is subject to site plan review, at the discretion of the Building Inspector, these signs may require application to the Planning Board for approval and must be shown on approved site plans where site plan approval is required.
(4)
Flags, emblems or insignia-type signs of any nation, state or political subdivision, or corporate flag. The maximum permitted height for these type signs shall be 30 feet in all zones. No more than three such signs, flags, emblems or insignia in total shall be installed or displayed, unless the additional signs are approved by the Planning Board as an element of a site plan.
(5)
Governmental signs for control of traffic and other regulatory purposes, street signs, danger signs, railroad crossing signs and signs of public service companies indicating danger and aids to service or safety which are erected by or on the order of a public officer in the performance of his or her public duty.
(6)
Temporary holiday decoration signs of a primarily decorative nature, clearly incidental and customary and commonly associated with a national, local or religious holiday.
(7)
Interior signs located within a building or stadium or within an enclosed lobby or court of any building.
(8)
Memorial signs, tablets, plaques or names of buildings and dates of erection when cut into any masonry surface, inlaid or otherwise directly fastened to the building so as to be part of the building or when constructed of bronze or other noncombustible material.
(9)
Permanent copy-change signs not over 20 square feet in area for medical, public, charitable, civil or religious institutions, where the same are located on the premises of said institution.
(10)
Public notices. Official notices posted by public officers or employees in the performance of their duties.
(11)
Public signs required or specifically authorized by any law, statute or ordinance, which signs may be of any type, number, area, height above grade, location, illumination or animation required by the law, statute or ordinance under which the signs are erected.
(12)
Religious symbols, commemorative plaques of recognized historical agencies or identification emblems of religious orders or historical agencies, provided that no such symbol, plaque or identification emblem shall exceed four square feet in area.
(13)
Warning signs alerting the public to the existence of a temporary danger but containing no advertising material, of a size as may be necessary, to be removed upon subsidence of danger.
(14)
Political campaign signs pertaining to candidates for public office, political parties or public referenda or other public issues. Such signs must be displayed only on private property. The Town of Crawford encourages but does not require that said signs be displayed no earlier than 30 days prior to the relevant election or referendum and that they be removed no later than 10 days after such election or referendum.
(15)
At gasoline stations:
(a)
Integral graphics or attached price signs on gasoline pumps, and graphics or company identification on island canopies; however, the size or shape of the canopy shall not be modified to expand the same for purposes of additional signage use. This does not exempt canopies from the required reviews and approvals of the Building Inspector and Planning Board.
(b)
Two price, product or promotional signs, each not exceeding six square feet in size, if located on the pump island, or set not closer than 10 feet to the edge of the roadway pavement, nor exceeding eight feet above grade, nor situated so as to impair visibility for pedestrians or motorists.
(16)
Not more than one temporary unlighted "For Sale" or "For Rent" sign not exceeding 12 square feet in size located on a property that is for sale or for rent, which sign shall be removed upon the sale or rental of the property. Where a property that is for sale or for rent abuts more than one public right-of-way, one unlighted "For Sale" or "For Rent" sign shall be permitted at each right-of-way. In addition, for development projects under construction and actively marketing sites, lots or dwelling units, no more than a total of two "For Sale" or "For Rent" signs, each not exceeding 12 square feet in size, shall be permitted at entrances to the development project, which sign(s) shall be removed upon occupancy of the project.
[Amended 8-5-2004 by L.L. No. 6-2004]
(17)
Not more than two temporary unlighted "For Sale" or "For Rent" signs not exceeding 16 square feet in size located on a property that is for sale or for rent, to be removed upon completion of the sale. Where a property that is for sale or for rent abuts more than one public right-of-way, up to two additional unlighted "For Sale" or "For Rent" signs shall be permitted.
(18)
Temporary banners, pennants and related signs will be allowed in residential districts in conjunction with an open house or model home demonstration not to exceed a total period of 15 days.
(19)
Banners, pennants and related signs pertaining to temporary fairs, carnivals and other events requiring special permission of the Town Board pursuant to the requirements of this chapter shall be addressed within the purview of such Town Board approval.
(20)
Signs for agricultural row crops.
F.
Construction specifications. All signs shall comply with the provisions of the New York State Uniform Fire Prevention and Building Code[1] and the National Electrical Code, or their successor code for the year of latest revision, and the additional construction standards hereinafter set forth in this subsection.
(1)
Obstruction to exits. No signs shall be erected, constructed or maintained so as to obstruct any fire escape, required exit, window or door opening used as a means of egress.
(2)
Obstruction to ventilation. No sign shall be attached in any form, shape or manner which will interfere with any opening required for ventilation, except that such signs may be erected in front of and may cover a transom when not in violation of the provisions of the Uniform Fire Prevention and Building Code.
(3)
Clearance from high-voltage power lines. Signs shall be located in such a way that they maintain horizontal and vertical clearance of all overhead electrical conductors in accordance with National Electrical Code specifications, depending on voltages concerned. However, in no case shall a sign be installed closer than 24 inches horizontally or vertically to any conductor or public utility guy wire.
(4)
Freestanding sign materials. All freestanding sign structures or poles shall be self-supporting structures erected on or permanently attached to concrete foundations.
(5)
Wind loads. All signs except those attached flat against the wall of a building shall be constructed to withstand wind loads of 30 pounds per square foot of the total face area of the letters and other sign surfaces.
(6)
Sign anchoring. Signs shall be anchored to prevent any lateral movement that would cause wear on supporting members or connections.
G.
Removal and disposition of signs.
(1)
Maintenance and repair. Every sign, whether or not a permit or permit fee is required, shall be maintained in a safe, presentable and structurally sound condition at all times, including the replacement of defective parts, painting, repainting, cleaning, and other acts required for the maintenance of said sign. The Building Inspector shall require compliance with all standards of this chapter. If the sign is not made to comply with adequate safety standards by the property owner, the Building Inspector shall require its removal in accordance with this section.
(2)
Dangerous or defective signs. No person shall maintain or permit to be maintained on any premises owned or controlled by him any sign which is in a dangerous or defective condition. Any such sign shall be removed or repaired by the owner of the premises.
(3)
Unlawful signs. No person shall erect on any premises owned or controlled by him any sign which does not comply with the provisions of this chapter.
(4)
Street improvements projects. Where the construction or the widening of a street or driveway causes an existing sign to overhang the street or driveway, said sign shall be deemed unlawful and shall be removed or relocated at the owner's expense.
H.
Removal of signs by the Town. In addition to and not in lieu of other remedies and penalties for violation of the zoning law, unlawful or dangerous signs may be removed by the Town pursuant to the provisions below.
(1)
The Building Inspector shall cause to be removed any sign that endangers the public safety.
(2)
Where the Building Inspector determines that a sign is dangerous or unlawful, the Building Inspector shall prepare a notice which shall describe the sign and specify the violation and shall state that if the sign is not removed or the violation is not corrected within 30 days, the sign may be removed by the Town in accordance with the provisions of this subsection. All notices mailed by the Building Inspector shall be sent by certified mail, return receipt requested. Any time periods provided in this section shall be deemed to commence on the date of the mailing of the certified mail. The notice shall be mailed to the owner of the property on which the sign is located as the ownership is shown on the latest assessment roll for the Town. Any person having an economic interest in the sign or in the property on which the sign is located may appeal the determination of the Building Inspector ordering removal or compliance by filing a written notice of appeal with the Zoning Board of Appeals within 30 days of the notice.
(3)
In cases of emergency, as determined by the Building Inspector, the Building Inspector may cause the immediate removal of a dangerous or defective sign without notice or within a time period less than 30 days.
(4)
If the owner fails to comply with the Building Inspector's order, the Town may cause the sign to be removed at the property owner's expense. Any sign so removed shall become the property of the Town and may be disposed of in any manner deemed appropriate by the Town. The costs of removal and disposal of the sign by the Town shall be deemed a debt owed to the Town by the owner of the property and may be recovered in an appropriate court action by the Town or by levy and assessment against the property in the same manner as real property taxes. Said costs shall also include any and all costs and expenses, including reasonable attorney's fees, incurred by the Town in connection therewith.
(5)
In cases of unlawful signs that are of a temporary and nonsubstantial value, including but not limited to paper, cloth, flags or cardboard signs affixed to telephone poles or stuck in the ground, the Building Inspector may remove such signs on the spot or direct the immediate removal of such signs without notice.
I.
Temporary signs.
(1)
Temporary unlighted signs, banners or flags will be allowed by a business, by permit, for no more than 30 days. A new permit may be issued two weeks after expiration of a prior permit. Permits for temporary signs will be approved and issued by the Building Inspector, provided that the guidelines and requirements of this law are followed. Routine or regular seasonal use of flags or banners may be approved only where such use is specifically determined to be consistent with surrounding neighborhood character.
[Amended 5-13-2004 by L.L. No. 3-2004]
(2)
Temporary unlighted signs erected by and for social organizations to advertise events such as suppers, banquet, benefits, and fund-raising sales may be erected for a thirty-day period in any district upon the issuance of a permit from the Building Inspector, provided that the signs do not constitute a traffic hazard, as may be determined by the Building Inspector, and shall be removed within one week after the advertised event.
[Amended 8-14-2008 by L.L. No. 2-2008]
(3)
Temporary unlighted signs erected to advertise garage sales may be erected no more than for seven days before the sale, without permit, in any district, provided that the signs shall not constitute a traffic hazard and shall be removed within one week after the advertised event.
(4)
A new business or a business in a new location outside of the Center Hamlet District may utilize a temporary sign for a period of not more than 60 days while awaiting installation of a permanent sign. The temporary sign shall be securely fastened and placed so as not to obstruct any pedestrian traffic or vehicular sight distance or otherwise pose a hazard or nuisance, all as may be determined by the Building Inspector. Such temporary sign shall not exceed 16 square feet in size. The lighting for the temporary sign shall comply with all applicable standards of this chapter. If the Planning Board has approved the location of a permanent sign, then the temporary sign shall be placed in such approved location, unless such location is impractical for the temporary sign, in which case the temporary sign location is subject to the approval of the Building Inspector.
[Amended 8-14-2008 by L.L. No. 2-2008]
(5)
Any sign not removed in the time provided for above is a violation of this law. Each day such violation continues is deemed a separate and distinct violation.
J.
Residence and residence/agriculture districts. In addition to any applicable exempt signage addressed in Subsection E above, the following signs shall be permitted:
(1)
Home occupation signs. One nonilluminated sign per home occupation no larger in area than two square feet indicating the name, address, phone number and purpose of the home occupation is permitted. Such sign should be placed as close as possible to the intersection of the driveway and the public road, but shall in no case be located so as to interfere with sight distance.
(2)
For seasonal roadside farm stands, not more than two signs per lot shall be permitted, no greater than 12 square feet each, pertaining to the articles being sold.
(3)
For a house of worship, one non-illuminated sign not exceeding 12 square feet in size shall be permitted per lot, which sign shall be subject to site plan approval. Depending on the hours of operation of such use, the Planning Board may allow such sign to be illuminated. Decorative finials and posts extending not more than 12 inches above the body of the sign are permitted and shall not be included in the calculation of the height or area of the sign.
[Amended 1-18-2007 by L.L. No. 1-2007; 1-16-2014 by L.L. No. 1-2014]
(4)
The total height of any freestanding sign structure in the R or RA Zoning District shall not exceed four feet measured from preexisting grade.
[Added 1-18-2007 by L.L. No. 1-2007]
K.
Office-Residence District. In addition to any applicable exempt signage addressed in Subsection E above, the following signs shall be permitted. Except for roadside farm stand signs, any proposed nonexempt sign shall require prior approval by the Planning Board.
[Amended 1-18-2007 by L.L. No. 1-2007; 1-16-2014 by L.L. No. 1-2014]
(1)
Home occupation signs. One nonilluminated sign per home occupation no larger in area than two square feet indicating the name, address, phone number and purpose of the home occupation is permitted. Such sign should be placed as close as possible to the intersection of the driveway and the public road, but shall in no case be located so as to interfere with sight distance.
(2)
For seasonal roadside farm stands, not more than two signs per lot shall be permitted, no greater than 12 square feet each, pertaining to the articles being sold.
(3)
For all other permitted and specially permitted uses in the Office-Residence District, one nonilluminated sign not larger than six square feet identifying the use is allowed as approved by the Planning Board pursuant to site plan approval. Such sign should be placed as close as possible to the intersection of the driveway and the public road, but shall in no case be located so as to interfere with sight distance. Depending on the hours of operation of such uses, the Planning Board may allow such sign to be indirectly illuminated.
(4)
For a house of worship, one nonilluminated sign not exceeding 12 square feet in size shall be permitted per lot, which sign shall be subject to site plan approval. Depending on the hours of operation of such use, the Planning Board may allow such sign to be illuminated. Decorative finials and posts extending not more than 12 inches above the body of the sign are permitted and shall not be included in the calculation of the height or area of the sign.
(5)
The total height of any freestanding sign structure in the O-R Zoning District shall not exceed four feet measured from preexisting grade.
L.
Center Hamlet District and Business Park District. In addition to any applicable exempt signage addressed in Subsection E above, the following signs shall be permitted. Except for roadside farm stand signs, any proposed nonexempt sign shall require prior approval by the Planning Board.
[Amended 5-13-2004 by L.L. No. 3-2004; 1-18-2007 by L.L. No. 1-2007; 1-16-2014 by L.L. No. 1-2014]
(1)
Freestanding or ground-mounted business sign.
(a)
One freestanding or ground-mounted business sign identifying, pertaining to or advertising the business or businesses conducted on the premises shall be permitted. The total height of the sign structure shall not exceed 14 feet measured from preexisting grade, except that for properties in the CH District that front on State Route 302, the total height of the sign structure shall not exceed eight feet measured from preexisting grade. Decorative finials and posts extending not more than 12 inches above the body of the sign are permitted and shall not be included in calculation of the height or area of the sign. The permitted maximum area of the sign shall be based upon the number of businesses or business units using the premises, as follows:
Number of Business Units | Maximum Sign Area (square feet) | |
|---|---|---|
1 | 32 | |
2 | 36 | |
3 | 40 | |
4 | 44 | |
5 or 6 | 48 |
(b)
The sign shall be mounted on a directory-style sign (example on file in the Building Department). All lettering and design for each business identification/advertisement on the sign shall be similar in color, shape and design. No more than six businesses shall be identified on the sign.
(2)
In addition, one wall sign per business shall be permitted, said sign not exceeding in size one square foot for each horizontal foot of building wall on which it is mounted, up to a maximum of 32 square feet. If the business faces two streets, the Planning Board may approve a second wall sign not exceeding in size one square foot for each horizontal foot of building wall on which it is mounted, up to a maximum of 32 square feet.
(4)
For seasonal roadside farm stands, two signs per lot shall be permitted, no greater than 12 square feet each, pertaining to the articles being sold.
M.
Industrial District. In addition to any applicable exempt signage addressed in Subsection E above, the following signs shall be permitted. Except for roadside farm stand signs, any proposed nonexempt sign shall require prior approval by the Planning Board.
[Amended 1-18-2007 by L.L. No. 1-2007; 1-16-2014 by L.L. No. 1-2014]
(1)
One freestanding or ground-mounted business sign identifying, pertaining to or advertising the business or businesses conducted on the premises shall be permitted with a maximum area of 50 square feet, including the frame. The total height of the sign structure shall not exceed 14 feet measured from preexisting grade. Decorative finials and posts extending not more than 12 inches above the body of the sign are permitted and shall not be included in calculation of the height or area of the sign.
(2)
In addition, one wall sign per business shall be permitted, said sign not exceeding in size one square foot for each horizontal foot of building wall on which it is mounted, up to a maximum of 32 square feet. If the business faces two streets, the Planning Board may approve a second wall sign not exceeding in size one square foot for each horizontal foot of building wall on which it is mounted, up to a maximum of 32 square feet.
(4)
For seasonal roadside farm stands, two signs per lot shall be permitted, no greater than 12 square feet each, pertaining to the articles being sold.
§ 137-18 Swimming pools.
No swimming pool shall be constructed, installed or maintained on any premises unless it complies with the following provisions:
A.
All private pools shall be constructed or installed within the confines of the rear or side yard of a lot.
B.
No person or social organization shall construct, or have constructed, a swimming pool without first having applied for and received a building permit from the Building Inspector. A permit application shall be submitted with plans and specifications detailing the pool dimensions, depth, and volume in gallons; the distance of the pool from all lot lines; and, if any, septic tanks and their fields. Proposed pool fencing shall be included in these specifications.
C.
After issuance of the permit, construction or installation shall be accomplished within a sixty-day period; otherwise, the permit will be deemed to have expired. The Building Inspector may authorize in writing an additional extension period not to exceed 20 days. If construction of a below-surface pool is not completed within the sixty-day period or extension thereof, the excavation shall be completely filled and the surface restored to its original state. No pool shall be considered complete until the fencing required by this section has been installed.
D.
All material used in the construction of a swimming pool shall be of durable quality and waterproof. Filter pumps and other mechanical devices shall be located at least 20 feet away from any adjoining premises so as not to interfere with comfort, health and safety of the occupant of the adjoining premises.
E.
Fencing.
(1)
A fence shall be constructed to completely surround any swimming pool having a water depth of 18 inches or more. The fence shall be of sufficient strength and protective ability as shall be necessary, in the judgment of the Building Inspector, to prevent entrance by young children. The fence shall be erected within 50 feet of the nearest pool edge and shall be at least four feet high. The gate or door opening providing access into the pool area shall be of the same height as the fence or enclosure and shall be equipped with a self-closing and latching device.
(2)
In the case of aboveground pools, no fencing is required if the deck around the pool is four feet or more above the ground and is not accessible by small children from nearby structures or ground features. If the deck or any portion of the deck is less than four feet off the ground, sufficient fencing must be installed to provide the minimum four-foot barrier. The fence shall be of sufficient strength and protective ability as shall be necessary, in the judgment of the Building Inspector, to prevent entrance by young children. Any access ladder or steps used in connection with an above-surface-type swimming pool shall be removed when not in use.
(3)
All fencing requirements shall apply to all existing swimming pools as well as all future pools.
F.
Any lighting and electrical fixtures, wiring and installations shall be in accordance with the standard practices as required by the National Electric Code.
G.
All swimming pools shall be provided with a drainage easement or swale or storm drain but in no case to a sanitary sewer or in the direction of a septic field. Drainage of pools shall not in any way adversely affect adjoining property owners. Below-surface pools shall be provided, when deemed necessary by the Building Inspector, with washed gravel or crushed stone on the exterior of the pool sides.
H.
Aboveground pools shall be leveled and shall not be located on unsettled fill areas.
§ 137-19 Excavations.
Nothing shall prohibit the excavation of sand, gravel, shale, topsoil or other aggregate from a lot preparatory to the construction of a building for which a building permit has been issued, provided that any area of land around the building from which topsoil has been removed or covered with fill shall be seeded to provide an effective cover crop within the first growing season following the start of such operation.
§ 137-20 Soil and drainage standards.
[Amended 8-14-1986 by L.L. No. 4-1986; 5-8-1997 by L.L. No. 4-1997, 5-8-2003 by L.L. No. 2-2003]
A.
Standards. All uses are subject to all soil and drainage standards set forth in Chapter 121, Subdivision of Land, now or hereinafter adopted by the Town of Crawford.
B.
In the event that land conditions have changed from the taking of an original percolation test and a deep hole test required for obtaining a permit or approval, the enforcement officer or administrative board, as the case may be, shall require the reperformance of such deep hole test prior to issuance of a permit or grant of approval.
C.
Drainage facilities on plans submitted for site plan, special permit uses and/or subdivisions shall be designed to meet a one-hundred-year storm standard.
D.
Drainage facilities shown on maps, plats and plans are to be maintained by the property owner unless expressly and formally accepted by the Town. The owner shall, in addition to the note hereinafter specified, record with the County Clerk appropriate restrictive covenants, which covenants shall be subject to review by the Attorney for the Town. The following standard note shall be placed where applicable on all maps, plats and plans where the drainage facilities are to be maintained by the property owner:
"Retention ponds and storm drainage are to be maintained by the property owner (of lot ____ No.____). In the event that the property owner fails to undertake the required maintenance, the Town of Crawford, after written notice stating the nature of the default, may do the required maintenance. The property owner agrees that the cost of the same, if not promptly paid to the Town, may be assessed against the property or lot together with interest and costs thereon as a local improvement without further hearing or legal process." |
E.
Lots abutting a lake or stream.
(1)
Purpose: It is the established policy of the Town of Crawford to protect its surface water resources, not only because of their critical role in the hydrologic cycle and interconnections with groundwater resources, upon which the Town is completely dependent for drinking water, but also because of their importance to a flourishing wildlife population, including threatened or endangered species in some locations, as well for their scenic value and aesthetic importance in the Town's streetscape. While the Town recognizes that both direct and indirect disturbances to surface water resources may be regulated by state and federal agencies, the possibility for disturbances that may significantly impair the appearance and function of these resources remains. Therefore, the Planning Board shall implement the following requirements and considerations set forth below.
(2)
A building setback line is hereby established in all zoning districts, parallel to and 50 feet distant from the present normal shoreline or bank of every lake or other body of water or everflowing watercourse or stream in the Town. No building shall be constructed between said setback line and the shoreline or bank. The location of said shoreline or bank shall be determined by the Engineer for the Town on the basis of a period of normal water level. The placement of nonstructural site improvements, including but not limited to parking lots, any type of materials storage areas, and stormwater management features such as detention basins, is discouraged within this setback line as it is considered generally incompatible with the purpose of this section. The Planning Board shall review all such proposed nonstructural site improvements for the purpose of determining whether such proposed improvements shall not be permitted within the setback area. The Board may require changes to the plan to accomplish the purposes of this section. Such purposes include but are not limited to consideration of thermal effects of any discharge as it may affect a trout stream.
(3)
No septic tank, sanitary plant, leaching field or other sewage disposal facility shall be constructed or located in any district within 100 feet of the present normal shoreline or bank of any lake or reservoir or other body of water, or watercourse or stream tributary to a reservoir in the Town. The location of said shoreline or bank shall be determined by the Engineer for the Town on the basis of a period of normal water level.
§ 137-21 Off-street parking and loading facilities.
A.
Permitted accessory parking. Off-street spaces, open or enclosed, are permitted accessory to any use, provided that:
(1)
There is no limit on the number of agricultural vehicles permitted accessory to a farm use.
(2)
Not more than any combination of three of the following may be stored on a residence lot solely for residence purposes: camping trailers, utility trailers, horse trailers, boat trailers, boats or recreational vehicles. There shall be no occupancy of any of these vehicles.
B.
Permitted accessory loading berths. Off-street loading berths are permitted accessory to any use except residences, provided that such facilities are not located in a required front yard.
§ 137-22 Parking space standards.
A.
A parking space shall be considered to be an off-street space available for the parking of one motor vehicle and having an area of not less than 150 square feet exclusive of passageways and driveways appurtenant thereto and having direct, unobstructed and permanent access to a street or private accessway. Notwithstanding any provision herein to the contrary, where ninety-degree parking is provided, the parking space shall have a dimension not less than nine feet by 19 feet and a circulation aisle of not less than 25 feet.
[Amended 5-8-2003 by L.L. No. 2-2003]
B.
Areas which may be computed as the required off-street parking spaces may include a garage, carport or other area available for parking other than a street or driveway. A driveway within a required front yard in a residential district may only be counted as one space.
C.
Required accessory parking spaces, open or enclosed, may be provided upon the same lot as the use to which they are accessory, or elsewhere, provided that all spaces therein are located within a five-hundred-foot walking distance of such lot. In all cases, such parking spaces shall conform to all the regulations of the district in which they are located; in no event shall such parking spaces be located in any residence district unless the uses to which they are accessory are permitted in such districts or pursuant to a special permit approved by the Planning Board.
D.
Access to and from a public street shall consist of at least one ten-foot lane for parking areas with less than 20 spaces and at least two ten-foot lanes for parking areas with 20 spaces or more.
E.
All open parking areas shall be properly drained, and all such areas of over 10 spaces shall be provided with a dustless surface.
F.
Required parking spaces may be provided in spaces designed to serve jointly two or more establishments, whether or not located on the same lot, and the number of required spaces in such joint facilities shall be not less than the total required for all such establishments.
G.
When any lot contains two or more uses having different parking requirements, the parking requirement for each use shall apply to the extent of that use. Where it can be conclusively demonstrated that one or more such uses will be generating a demand for parking spaces primarily during periods when the other use or uses is not or are not in operation, the Planning Board may reduce the total parking spaces required to that use with the least requirement.
H.
Parking shall be permitted within the required front yard setbacks in the I Industrial Districts. The Planning Board is hereby empowered to make decisions on the suitability and height of buffers such that parking is screened from the public highway to preserve the natural scenic qualities of the Town, pursuant to § 137-30.
[Added 11-9-1989 by L.L. No. 3-1989; amended 5-13-2004 by L.L. No. 3-2004]
I.
Pine Bush parking district. The off-street parking requirement for new uses in the Pine Bush parking district shall be reduced by 50%. However, no property or use shall reduce the number of parking or loading spaces available or reduce the area available for parking or loading unless first approved by the Planning Board.
[Added 10-17-2013 by L.L. No. 3-2013]
§ 137-23 Schedule of off-street parking regulations.
[Amended 5-13-2004 by L.L. No. 3-2004; 8-14-2008 by L.L. No. 2-2008; 10-21-2010 by L.L. No. 1-2010]
Off-street parking spaces shall be provided in accordance with the following schedule:
Schedule of Off-Street Parking Regulations | |||
|---|---|---|---|
Use | Number of Required Spaces | ||
Residential: | |||
1-family and 2-family dwelling unit, including row or townhouse dwellings | 2 per dwelling unit | ||
Multifamily dwelling: | |||
Efficiency or 1-bedroom | 2 per dwelling unit | ||
2 or more bedrooms per unit | 2 per dwelling unit | ||
Guest parking | 1 per dwelling unit | ||
Other: | |||
Animal hospital | 1 per 200 square feet of floor area | ||
Auditorium, church, convention hall, stadium, theater, studio or other place of public assembly not otherwise classified | 1 per 3 permanent seats or 1 per 40 square feet of seating area where fixed seating is not provided | ||
Bank, savings and loan association or office building | 1 per 250 square feet of floor area | ||
Bowling alley | 4 per lane | ||
Drive-in facility or outdoor sales lot | 1 for each 600 square feet of lot area | ||
Filling station, parking garage or repair garage | Sufficient parking spaces for all vehicles stored or being serviced at any 1 period of time, plus a minimum of 5 additional spaces | ||
Funeral home | 1 per 40 square feet of public room floor area | ||
Home occupation | 2 per 150 square feet of area given over to this component of the land use, plus 1 for each additional 150 square feet or fraction thereof, but in no case less than 2 spaces | ||
Hospital | 1 per bed, plus 1 for each 2 employees on the premises at any 1 period of time | ||
Hotel and (motel), guest room | 1 per guest room, plus 1 for each 2 employees on the premises at any 1 period of time | ||
Industrial, wholesale or warehouse | A minimum of 2 improved spaces per 3 employees on the premises at any one time, plus 1 space to accommodate all trucks used directly in conducting such use along with 1 space for each off-street loading area | ||
Nursing home | 1 for each 2 beds, plus 1 for each 2 employees on the premises at any 1 time | ||
Restaurant or social organization | 1 per 2 1/2 permanent seats or the floor area equivalent | ||
Retail store and personal service store | 1 per 200 square feet of gross floor area | ||
School, nursery | 1 per employee | ||
School, public or private | 1 per employee, plus 1 for each 24 classroom seats or the parking requirement for the auditorium or gymnasium component of the use, whichever is greater | ||
Shop for custom work | A minimum of 1 space for each 1,000 square feet, plus an additional 1 space per employee | ||
Trucking station | Sufficient parking spaces for all trucks stored or being serviced at any 1 time, plus 2 per 3 employees on duty on the premises at any 1 time | ||
§ 137-24 Sewage disposal.
Where the use of any building or lot involves the disposal of sewage or waste matter, a sewage disposal system shall be installed or connection shall be made to a central sewer system in compliance with Chapter 111, Sewer Use and Sewer Charges, Part 1, Sewer Use, any applicable Sewer District regulations and the requirements of the Orange County Health Department.
§ 137-25 Nonconforming uses and buildings.
A.
Existing nonconforming uses:
(1)
May continue indefinitely.
(2)
Shall not be enlarged or extended or placed on a different portion of the lot occupied by such uses on the effective date of this chapter nor shall any external evidence of such use be increased by any means whatsoever.
(3)
Shall not be changed to another nonconforming use without a variance from the Zoning Board of Appeals.
(4)
Shall not be reestablished if such a use has been discontinued for any reason for a period of one year or more or has been changed to, or replaced by, a conforming use. Intent to resume a nonconforming use shall not confer the right to do so.
B.
Existing nonconforming buildings or structures:
[Amended 10-21-2010 by L.L. No. 1-2010]
(1)
Shall not be moved to another location where such building or structure would be nonconforming.
(2)
May be restored but not enlarged after damage by fire, accident or other act of God and the nonconforming use reinstalled, provided that the restoration is begun within one year after such damage.
(3)
Normal maintenance and repair, alteration, reconstruction or enlargement of a building which does not house a nonconforming use but is nonconforming as to district regulations for lot area; lot width; front, side or rear yards; maximum height and lot coverage; or other such regulation is permitted if the same does not increase the degree of, or create any new, nonconformity with such regulations in such building.
(4)
A nonconforming building which does house a nonconforming use shall not be extended or enlarged.
§ 137-25.1 Roads by use.
[Added 5-8-1997 by L.L. No. 4-1997[1]]
All maps, plats or plans hereafter approved by any agency of the Town shall if the property shown thereon fronts or abuts a Town highway by use be endorsed with a note in the following form:
Road Width Note |
|---|
"The strip of land running 1 1/2 rods (25±) from the center line of the existing Town highway depicts the limits of the existing right-of-way released to the Town for highway purposes. Pursuant to Highway Law § 189, such lands are a highway with the same force and effect as if duly laid out and recorded as a highway. The Town may use the right-of-way for any such highway uses as may be now or hereafter determined by the Town Board without further process." |
[1]
Editor's Note: This local law also provided that it shall supersede any inconsistent provision of the Town Law.
§ 137-25.2 Planning Board Type I list.
[Added 5-8-1997 by L.L. No. 4-1997[1]]
Projects meeting the following criteria are hereby designated Type I actions in accordance with 6 NYCRR § 617.12(a)(2):
A.
Projects involving land-clearing operations in advance of application to the Planning Board.
(1)
Exceptions. A project shall not be deemed to include land clearing in advance of an application if the applicant meets an affirmative burden of showing the Planning Board by clear and convincing proof that:
(a)
The land clearing was minor in nature; and
(b)
The land clearing was solely for information collection involving data collection, research, water and pollution studies, traffic counts, engineering studies, subsurficial investigations and soil studies that do not commit the applicant to undertake the project; or the land-clearing activities were in furtherance of a bona fide, authorized, permitted land use and not in furtherance of the project for which the application has been made to the Planning Board.
[1]
Editor's Note: This local law also provided that it shall supersede any inconsistent provision of the Town Law.
§ 137-25.2.1 Solar energy systems.
[Added 9-15-2016 by L.L. No. 7-2016]
A.
Legislative intent. This section is intended to permit and regulate solar energy systems and equipment and the provision of adequate sunlight necessary therefor; to balance the potential impact on neighbors when solar collectors are installed near their property, while preserving the rights of property owners to install solar energy systems in accordance with applicable laws and regulations; and to recognize solar energy as a priority for current and long-term energy sustainability. This section and the implementation of this section is intended to accord with the state Agriculture and Markets Law and guidelines of the State Department of Agriculture and Markets.
B. BUILDING INTEGRATED PHOTOVOLTAIC SYSTEM GROUND-MOUNTED SOLAR ENERGY SYSTEM KILOWATT HOUR (kW) LARGE-SCALE SOLAR ENERGY SYSTEM NET-METERING QUALIFIED SOLAR INSTALLER SMALL-SCALE SOLAR ENERGY SYSTEM SOLAR ACCESS SOLAR COLLECTOR SOLAR ENERGY SYSTEM SOLAR PANEL SOLAR THERMAL SYSTEM UTILITY-SCALE SOLAR ENERGY SYSTEM
Definitions. As used in this § 137-25.2.1, the following terms shall have the meanings stated:
A solar energy system that integrates photovoltaic modules and components into the building structure, such as the roof, facade or windows, and which does not alter the relief of the roof.
A solar energy system that is anchored to the ground and attached to a pole or other mounting system, detached from any other structure.
A measure of the designed capacity of a solar energy system to produce electrical power. One kilowatt hour, or one kilowatt per hour, is equal to 1,000 watts per hour.
[Added 4-20-2017 by L.L. No. 2-2017]
A solar energy system that is capable of producing over 12 kilowatts (kw) per hour and which serves only building(s) and structure(s) on the lot upon which the system is located and may, in addition, serve building(s) and structure(s) on adjacent lots.
A billing arrangement that allows a solar energy system user to receive credit for excess electricity generated and deliver such excess electricity to the utility grid.
A person who possesses skills and knowledge related to the construction and operation of solar energy systems, equipment and installations and has received safety training on the hazards involved. Persons who are on the list of eligible solar installers maintained by the New York State Energy Research and Development Authority (NYSERDA), or are certified as a solar installer by the North American Board of Certified Energy Practitioners (NABCEP), shall be deemed to be qualified solar installers for the purpose of this definition. Persons who are not on NYSERDA's list of eligible installers or NABCEP's list of certified installers may be deemed to be qualified solar installers if the Town Building Inspector, or such other Town officer or employee as the Town Board designates, determines such persons have had adequate training to determine the degree and extent of the hazard, the personal protective equipment and job planning necessary to safely perform the installation. Such training shall include the proper use of special precautionary techniques and personal protective equipment, as well as the skills and techniques necessary to distinguish exposed energized parts from other parts of electrical equipment and to determine the nominal voltage of exposed live parts.
A solar energy system that does not produce more than 12 kilowatts (kw) per hour of energy or a solar thermal system, either of which serves only the building(s) and structure(s) on the lot upon which the system is located.
Space open to the sun and clear of overhangs or shade so as to permit the use of a solar energy system.
A solar photovoltaic cell, module, panel or array or water collector device, which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat.
Solar collectors, modules controls, energy storage devices, heat pumps, heat exchangers and other materials, hardware or equipment necessary to the process by which solar radiation is collected, converted into another form of energy, stored, protected from unnecessary dissipation, and distributed, including the solar access necessary for the system to operate as designed and any areas of land that are disturbed or cleared to maintain that solar access, and any accessory or appurtenant structures. Solar energy systems may include solar panel, solar thermal, building integrated photovoltaic and concentrated solar energy systems. For the purpose of this section, a solar energy system does not include a solar energy system of four square feet or less in size.
[Amended 4-20-2017 by L.L. No. 2-2017]
A device for the direct conversion of solar energy into electricity.
A solar energy system that directly heats water or other liquid using sunlight for such purposes as space heating and cooling, domestic hot water and heating pool water.
A solar energy system that produces energy primarily for the purpose of off-site sale or consumption.
C.
Applicability.
(1)
The requirements of this section shall apply to all solar energy systems and equipment installed or modified after the effective date of this section. Except as provided in § 137-25.2.1C(2) below, no solar energy system equipment shall be installed, operated or modified except in compliance with this § 137-25.2.1.
(2)
A solar energy system for which a valid building permit has been issued or, if no building permit was required, for which installation was commenced and diligently prosecuted prior to the effective date of this section shall not be required to meet the requirements of this section. However, any modification of such solar energy system must comply with the requirements of this section.
(3)
This § 137-25.2.1 shall not apply to a solar energy system of four square feet or less in size.
(4)
When a solar energy system is limited by this § 137-25.2.1 to servicing only the building(s) and structure(s) on the lot upon which the system is located and building(s) and structure(s) on adjacent lots, such limitation shall not be construed to prohibit a net-metering billing arrangement in accordance with law.
D.
General permit, inspection and operating requirements.
(1)
Application for and issuance of a building permit shall be required prior to installation of a solar energy system.
(2)
A solar energy system shall be designed and installed in accordance with all applicable laws, codes and regulations, including but not limited to the New York State Uniform Fire Prevention and Building Code and other State Code provisions.
(3)
All solar energy system installations must be performed by a qualified solar installer.
(4)
Prior to operation, electrical connections must be inspected by the Town Building Inspector and by a qualified electrical inspector acceptable to the Town. Any connection to the public utility grid must meet all applicable Town, state, federal and public utility laws, rules and regulations.
(5)
All solar energy systems shall be maintained in good working order.
E.
Roof-mounted, building-integrated photovoltaic, and solar thermal energy systems.
(1)
A roof-mounted, building-integrated photovoltaic, and solar thermal energy system is permitted as an accessory use and structure in all zoning districts, without site plan approval, but subject to the following requirements:
(a)
A roof-mounted, building-integrated photovoltaic, and solar thermal energy system is permitted to serve only the building(s) or structure(s) on the lot upon which the system is located.
(b)
The applicant shall file a New York State Unified Solar Permit (USP) application and pay all fees in order to obtain a building permit.
(c)
A roof-mounted system may be mounted on any legal principal or accessory building or structure.
(d)
Roof-mounted solar collectors are subject to the height limitations governing the principal or accessory building or structure to which it is mounted.
(e)
When feasible, as determined by the Code Enforcement Officer, solar collectors facing the front yard must be mounted at the same angle as the roof's surface, with a maximum distance of 18 inches between the roof and the highest edge of the panels.
(f)
A solar thermal system shall not be placed in the front yard and shall not be placed within the required rear yard or required side yard setback applicable to accessory structures within the zoning district.
(2)
The Building Inspector may refer an application to the Planning Board for recommendation.
F.
Ground-mounted small-scale solar energy systems.
(1)
A ground-mounted small-scale solar energy system is a permitted accessory use and structure in all zoning districts, subject to site plan approval by the Planning Board and subject to the following requirements:
(a)
A ground-mounted small-scale solar energy system is permitted to serve only the building(s) or structure(s) on the lot upon which the system is located.
(b)
A ground-mounted small-scale solar energy system shall not be placed in the front yard, unless the applicant applies to, and demonstrates to the satisfaction of, the Planning Board that the front yard is the only area where the solar energy system can reasonably function, and that appropriate screening to mitigate impacts on adjoining properties is implemented.
(c)
The solar energy system and related equipment shall be substantially screened from view from adjoining properties and public roadways.
(d)
Solar collectors and related equipment shall be located at least 25 feet from the side and rear lot lines.
(e)
The height of the solar collectors and mounts shall not exceed 12 feet when oriented at the maximum tilt.
(f)
The area beneath all solar collectors shall be included in calculating maximum permitted lot coverage limitations.
(2)
The Planning Board shall have discretion to hold a public hearing on a particular site plan application or waive the public hearing requirement.
(3)
Removal of unused solar energy system and equipment. The applicant and property owner must agree, in writing, to remove the solar energy system and all associated equipment and structures if the solar energy system ceases to be used for its intended purpose for 12 consecutive months. Removal of such unused system, equipment and structures shall be completed within three months thereafter.
G.
Large-scale solar energy systems.
(1)
A ground-mounted large-scale solar energy system is a permitted accessory use and structure in all zoning districts, subject to site plan approval by the Planning Board and subject to the following requirements:
(a)
A ground-mounted large-scale solar energy system is permitted to serve only building(s) and structure(s) on the lot upon which the system is located and may, in addition, serve building(s) and structure(s) on adjacent lots.
(b)
A ground-mounted large-scale solar energy system shall not be placed in the front yard, unless the applicant applies to, and demonstrates to the satisfaction of, the Planning Board that the front yard is the only area where the solar energy system can reasonably function, and that appropriate screening to mitigate impacts on adjoining properties is implemented.
(c)
The solar energy system and related equipment shall be substantially screened from view from adjoining properties and public roadways.
(d)
Solar collectors and related equipment shall be located at least 25 feet from the side and rear lot lines.
(e)
The height of the solar collectors and mounts shall not exceed 12 feet when oriented at the maximum tilt.
(f)
The area beneath all solar collectors shall be included in calculating maximum permitted lot coverage limitations.
(2)
Removal of unused solar energy system and equipment. The applicant and property owner must agree, in writing, to remove the solar energy system and all associated equipment and structures if the solar energy system ceases to be used for its intended purpose for 12 consecutive months. Removal of such unused system, equipment and structures shall be completed within three months thereafter.
H.
Utility-scale solar energy systems.
(1)
A utility-scale solar energy system is permitted as a special permit use in the RA (Residence/Agriculture) and I (Industrial) Zoning Districts. Such use shall comply with the following special conditions and safeguards:
(a)
The following dimensional requirements shall apply to a utility scale solar energy system: The required front yard setback is measured to the visible structural component of the solar energy system nearest to the fronting street(s). If the lot or lots of the proposed solar energy system front(s) on two or more streets, then each of those yards shall be deemed a front yard. The required side yard and rear yard setbacks shall be measured to the visible structural component of the solar energy system nearest the side lot line or rear lot line, respectively.
[Amended 4-20-2017 by L.L. No. 2-2017]
(b)
The total area of the solar energy system shall not exceed 20 acres.
(c)
The entire solar energy system shall be enclosed by perimeter fencing at a height of at least seven feet in order to restrict unauthorized access. There shall be a six-inch gap at the bottom of the fencing to allow small wildlife access to and from the site.
(d)
A solar energy system shall only be situated on a site consisting of 75% or more in area of small trees, brush, pasture or open field. For the purpose of this subsection, "small trees" shall be trees with a trunk diameter of two inches or less measured at four feet above natural grade. In order to prevent tree clearing in anticipation of a solar farm application, this 75% requirement shall apply during the time period commencing two years prior to submission of the solar energy system application.
[Amended 4-20-2017 by L.L. No. 2-2017]
(e)
Appropriate screening shall be provided, as determined by the Planning Board in its sole direction, to screen the solar energy system and fencing from residential properties, public roads, private roads and private rights-of-way to the maximum extent practicable. The applicant shall provide a visual analysis to the Planning Board using line-of-sight profiles from public viewing locations determined by the Planning Board.
(f)
All on-site power lines shall be installed underground unless the applicant demonstrates to the satisfaction of the Planning Board that such underground installation is not practicable given the particular characteristics of the site.
(g)
Buildings and structures associated with the solar energy system shall, to the maximum extent practicable, use materials, colors and textures that will blend the facility into the existing environment.
(h)
Solar panels and equipment shall be designed and sited so as to not reflect glare onto other properties, public roads or private roads or rights-of-way, and shall not interfere with traffic or create a safety hazard.
(i)
Driveways servicing the site shall have safe sight distance and lawful and appropriate access for emergency vehicles and equipment. Access to the site shall be reviewed by the relevant emergency service provider(s).
(j)
The identification of the manufacturer and installer, and appropriate warning signs, shall be posted at the site, be clearly visible and weather-resistant.
(k)
The solar energy system and equipment shall be marked in order to provide emergency responders with appropriate warning and guidance with respect to isolating the solar electric system. Materials used for marking shall be weather-resistant. The markings shall be placed adjacent to the main service disconnect in a location clearly visible from where the power lever is located. If any of the standards in this subsection are more stringent than applicable provisions of the New York State Uniform Fire Prevention and Building Code (the State Code), these standards shall be deemed to be guidelines only, and the standards of the State Code shall apply.
(l)
A utility scale solar energy system proposed for location in the Scenic Corridor-Overlay (SC-O) Zoning District or in potential view from the New York State Scenic Byway shall be subject to heightened review by the Planning Board. In addition, the Planning Board is authorized to apply more restrictive requirements than set forth in this § 137-25.2.1H(1) in order to accomplish the goals of the SC-O District or of the New York State Scenic Byway. Utility-scale solar energy systems shall not be permitted in the Panoramic and Intermediate Ridge Zones of the Scenic Corridor-Overlay (SC-O) Zoning District.
[Amended 4-20-2017 by L.L. No. 2-2017]
(2)
Application requirements. In addition to the other requirements in this chapter applicable to site plan and special permit applications, the applicant shall submit to the Planning Board the following:
(a)
If the property of the proposed solar energy system is to be leased, the written legal consent between all parties, specifying the use(s) of the property for the duration of the project, including easements and other agreements.
(b)
Equipment specification sheets for all photovoltaic panels, significant components, mounting systems and invertors.
(c)
A property operation and maintenance plan, which plan shall describe continuing equipment maintenance and property upkeep, such as mowing and trimming. The plan shall specify that herbicides shall not be used.
(d)
A decommissioning plan, in accordance with § 137-25.2.1H(3).
(3)
Decommissioning and removal.
(a)
Removal of unused systems. The applicant and property owner must agree, in writing, to remove the solar energy system and all associated equipment and structures if the solar energy system ceases to be used for its intended purpose for 12 consecutive months. Removal of such unused system, equipment and structures shall be completed within six months thereafter.
(b)
Decommissioning and removal plan. To ensure the proper removal of a utility-scale solar energy system, a decommissioning plan shall be submitted as part of the application. Compliance with the approved decommissioning plan shall be a condition of a special permit authorized by the Planning Board. The decommissioning plan shall specify that after the solar energy system ceases operation for its intended purpose, the system shall be removed by the applicant or property owner, and by any subsequent owner/operator of the solar energy system or property owner. The plan shall demonstrate how the removal of the solar energy system and all related equipment and structures shall be conducted and how the remediation of soil and vegetation shall be conducted to return the property to substantially its condition prior to construction. The plan shall include a time line for execution. A cost estimate detailing the projected cost of executing the decommissioning plan shall be prepared by a professional engineer or contractor. Cost estimates shall take inflation into account. The decommissioning plan shall state the time period within which the solar energy system shall be removed and the property restored, which time period shall be no greater than six months after the solar energy system ceases, for 12 consecutive months, to be used for its intended purpose.
(c)
Decommissioning and removal security.
[1]
The applicant shall execute and file with the Town Clerk security in a form acceptable to the Town's attorney and Planning Board and in an amount sufficient to pay for the costs and expenses of removal of the solar energy system and related equipment and structures and the restoration of the site. The amount is subject to approval by the Planning Board's professional engineer and the Planning Board. The security may be in the form of cash, letter of credit, another instrument acceptable to the Town's attorney and the Town Board, or a combination thereof. The security shall remain in full force and effect until all solar energy system equipment, structures and materials have been properly removed and site restoration is complete.
[2]
The amount of the security shall be sufficient, during the first five years of operation, to cover the costs to deconstruct and dispose of all equipment, structures and materials related to the solar energy system; costs to restore the site; and all fees, costs and expenses incurred by the Town to administer and enforce the decommissioning process. Such amount shall be reevaluated every five years thereafter and, if necessary, adjusted to reflect prevailing costs and expenses.
[3]
If the amount of the security does not fully cover such fees, costs and expenses ("costs") or if the Town cannot recover adequate proceeds of the security, then the owner and operator of the solar energy system and the property owner shall be jointly and severally, and corporately and personally, liable for the costs not recovered. In addition, the Town may assess such costs against the property, which assessment shall constitute a lien on the property, and which amount may be collected in the same manner as real property taxes.
(4)
Equipment and parts maintenance. Any damaged or unused equipment and parts shall be removed from the premises within 30 calendar days or kept in a secured, designated storage area. Maintenance equipment, spare parts and petroleum products shall be kept in a secured, designated storage area.
(5)
Ownership changes. If the owner or operator of the solar energy system changes or the owner of the property changes, the special permit shall remain in effect, and all requirements of this § 137-25.2.1 and all conditions and requirements of the special permit shall be binding upon each succeeding owner and operator. However, a change in owner or operator shall not affect the decommissioning security, although a new owner may substitute other security in accordance with § 137-25.2.1H(3). A new owner or operator of the solar energy system shall immediately notify the Town Code Enforcement Officer of such change in ownership or operator.
(6)
Modifications: Any and all modifications, additions or deletions to the solar energy system, whether structural or not, shall be subject to prior site plan review and approval by the Planning Board, except routine repairs and maintenance shall not be subject to Planning Board review.