Dryden Town City Zoning Code
ARTICLE XIII
Standards and Requirements for Certain Uses
§ 270-13.1 Special use permit and other uses subject to individual standards and requirements.
Uses allowed by special use permit and other permitted uses which are subject to additional standards and requirements and shall conform to the standards and requirements set forth in this section, where applicable, in addition to all other regulations pertaining to such use.
§ 270-13.2 Adult uses.
A.
No adult use may be established within:
(1)
Five hundred feet of any single-family, two-family or multifamily dwelling or structures devoted to both residential and commercial or business purposes;
(2)
One thousand feet of any public or private school;
(3)
Five hundred feet of any church or other religious facility or institution;
(4)
One thousand feet of any public park;
(5)
Two thousand five hundred feet of any premises licensed by the State Liquor Authority under the provisions of the Alcohol Beverage Control Law.
B.
Measurement of distance. The distance provided in this section shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the property parcel upon which the adult use is to be located to the nearest point of the parcel property from which the adult use is to be separated.
C.
Additional requirements. In addition to the requirements above:
(1)
The interior structure of every adult entertainment business shall be well lighted at all times and be physically arranged in such a manner that the entire interior portion of the booths, cubicles, rooms or stalls, wherein the adult entertainment business is located, shall be clearly visible from the common areas of the premises. Visibility into such booths, cubicles, rooms or stalls shall not be blocked or obscured by doors, curtains, partitions, drapes, or any obstruction whatsoever. It shall be unlawful to install enclosed booths, cubicles, rooms or stalls within adult entertainment business establishments for whatever purpose, but especially for the purpose of providing for the secluded viewing of motion pictures or videotapes depicting specified sexual activities or specified anatomical areas, or other types of adult entertainment businesses; and
(2)
The operator of each adult entertainment business shall be responsible for and shall provide that any room or other area used for the purpose of viewing adult-oriented motion pictures or other types of live adult entertainment shall be well lighted and readily accessible at all times and shall be continuously open to view in its entirety. The premises shall be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons are permitted access at an illumination of not less than one footcandle as measured at the floor level. It shall be the duty of the operator and its agents to ensure that the illumination described above is maintained at all times that any patron is present in the premises.
D.
Additional screening. The Planning Board may require that an adult entertainment business cover or screen the entrances, doorways and windows to prevent viewing activities inside the building or structure from the outside.
§ 270-13.3 Industry/manufacturing uses.
A.
No special use permit for industrial or manufacturing uses in an LIO or LIO-A Zone will be issued until the Board has been provided with a description of the proposed industrial or manufacturing process. In addition to the requirements of Article XII, if it appears that the proposed use will not produce conditions that are noxious, offensive or hazardous to the health, safety or general welfare of the community, a special use permit may be approved. Special attention will be given to the disposal or storage of any wastes or materials that could cause or contribute to pollution of any kind.
B.
If the performance characteristics are doubtful, the Board shall require a determination that:
(1)
Liquid wastes and effluent are to be treated and discharged in a manner approved in writing by the Tompkins County Health Department or other agency having jurisdiction thereof.
(2)
Disseminated smoke shall not exceed three on the Ringelmann Smoke Chart.
(3)
Protection against fire hazards, explosion and proper handling and storage of combustible material shall be approved by the appropriate Town fire official.
(4)
No odors, vibration or glare will be evident at a point more than 150 feet from the source of said odor, vibration or light.
(5)
Noise from the proposed use shall comply with the restrictions of § 270-13.7.
§ 270-13.4 Mining (quarries and excavations, topsoil removal).
A.
Mining is an allowed use by special use permit only in the RA, CV and LIO zones.
B.
Department of Environmental Conservation jurisdiction.
(1)
For mines subject to the jurisdiction of the Department of Environmental Conservation (i.e., the removal from a mine site of more than 1,000 tons or 750 cubic yards, whichever is less, within 12 successive calendar months), the provisions of Subsection D shall apply.
(2)
For mines not subject to the jurisdiction of the Department of Environmental Conservation, the provisions of Subsections C, E, F and G shall apply.
C.
Permits.
(1)
Any person who mines or proposes to mine from each mine site less than and not more than 1,000 tons or 750 cubic yards, whichever is less, of minerals from the earth within 12 successive calendar months shall not engage in such mining unless a special use permit (permit) for such mining operation has been obtained from the Town Board. A separate permit shall be obtained for each mine site.
(2)
Applications for special use permits may be submitted for annual terms not to exceed five years. A complete application for a new mining permit shall contain the following:
(a)
Completed application forms provided by the Planning Department;
(b)
A mined land-use plan;
(c)
A statement by the applicant that mining is not prohibited at that location; and
(d)
Such additional information as the Planning Department may reasonably require, including but not limited to the following:
[1]
Proof of compliance with the required setbacks from property boundaries or public highways;
[2]
Man-made or natural barriers designed to restrict access if needed, and, if affirmative, the type, length, height and location thereof;
[3]
Control of dust;
[4]
Hours of operation; and
[5]
A Full Environmental Assessment or draft Environmental Impact Statement.
(3)
Upon approval of the application by the Town Board and receipt of financial security as provided in Subsection E of this section, a permit shall be issued by the Planning Department. The Town Board may include in permits such conditions as may be required to achieve the purposes of this section.
(4)
A permit issued pursuant to this section, or a certified copy thereof, must be publicly displayed by the permittee at the mine and must at all times be visible, legible, and protected from the elements.
(5)
The Town Board may suspend or revoke a permit for repeated or willful violation of any of the terms of the permit or provisions of this section or for repeated or willful deviation from those descriptions contained in the mined land use plan. The Town Board may refuse to renew a permit upon a finding that the permittee is in repeated or willful violation of any of the terms of the permit, this section or any rule, regulation, standard, or condition thereto.
(6)
Nothing in this section shall be construed as exempting any permittee from the provisions of any other law or regulation.
(7)
The permittee or, in the event no application has been made or permit issued, the person engaged in mining shall have the primary obligation to comply with the provisions of this section as well as the conditions of any permit issued thereunder.
(8)
Permits issued pursuant to this section shall be renewable. A complete application for renewal shall contain the following:
(a)
Completed application forms provided by the Planning Department;
(b)
An updated mining plan map consistent with the provisions of this section and including an identification of the area to be mined during the proposed permit term;
(c)
A description of any changes to the mined land use plan; and
(d)
An identification of reclamation accomplished during the existing permit term.
D.
Public hearing.
(1)
Holding of hearing.
(a)
Upon receipt of notice from the Department of Environmental Conservation ("Department") that a complete application has been received by such Department, the Town Board shall hold a public hearing on such application, which for the purposes of this chapter shall be deemed to be an application for a special use permit.
(b)
In the event mining is not allowed by a special use permit at the location set forth in such application, the Planning Department shall so notify the department of such restriction.
(c)
Such hearing and the response from the Town to the department shall be held within 30 days after receipt of such notice.
(2)
At the special use permit public hearing, the Town Board shall determine what conditions, if any, should be attached to the permit to be issued by the department, which conditions shall be limited to the following pursuant to Environmental Conservation Law § 23-2703(2)(b):
(a)
Ingress and egress to Town highways;
(b)
Routing of mineral transport of vehicles on Town highways;
(c)
The setback requirements of Subsection F(1) of the permit to be issued by the department;
(d)
Dust control; and
(e)
Hours of operation.
(3)
Following such public hearing, the Town Clerk shall transmit to the department a certified copy of the resolution of the Town Board which determines such conditions.
E.
Land use plan; schedule.
(1)
Mined land use plan. All mining and reclamation activities on the affected land shall be conducted in accordance with an approved mined land use plan. The mined land use plan shall consist of both a mining and a reclamation plan, and any other information which the Planning Department deems necessary in order to achieve the purposes of this section.
(a)
The mining plan shall consist of a written and graphic description of the proposed mining operation, including the boundaries of the land controlled by the applicant, the outline of potential affected acreage and the general sequence of areas to be mined through successive permit terms. The graphic description shall include the location of the mine and shall identify the land previously affected by mining including, but not limited to, areas of excavation; areas of overburden, tailings, and spoil; areas of topsoil and mineral stock piles; processing plant areas; haulageways; shipping and storage areas; drainage features and water impoundments. The written description of the plan shall include the applicant's mining method and measures to be taken to minimize adverse environmental impacts resulting from the mining operation.
(b)
The reclamation plan shall consist of a graphic and written description of the proposed reclamation. The graphic description shall include maps and cross sections which illustrate the final physical state of the reclaimed land. The written description of the plan shall describe the manner in which the affected land is to be reclaimed, and a schedule for performing such reclamation.
(c)
A Full Environmental Assessment Form or a draft Environmental Impact Statement may be submitted in lieu of a mined land use plan if the Planning Department determines that it conforms to the requirements of this section.
(d)
The Town Board may, after notice and an opportunity for a hearing, impose a reclamation plan in the absence of an approved reclamation plan or upon finding of noncompliance with or failure of an approved reclamation plan.
(2)
The reclamation of all affected land shall be completed in accordance with the schedule contained in the approved mined land-use plan pertaining thereto. The schedule, where possible, shall provide for orderly, continuing reclamation concurrent with mining. The permittee shall submit to the Planning Department a notice of termination of mining within 30 days after such termination. Reclamation of the affected land shall be completed within a two-year period after mining is terminated, as determined by the Planning Department, unless the Planning Department deems it in the best interest of the Town to allow a longer period for reclamation. The permittee shall submit to the Planning Department a notice of completion of reclamation within 30 days of such completion. If the Planning Department fails to approve or disapprove the adequacy of reclamation within 90 days after receipt of the notice of completion of reclamation, the permittee may notify the Planning Department of such failure by means of certified mail return receipt. If within 30 days after receipt of such notice, the Planning Department fails to mail a decision, the permittee shall be relieved of the obligation to maintain financial security with respect to the reclamation; provided, however, nothing herein shall relieve the permittee of the obligation to accomplish adequate reclamation. The permittee shall file periodic reports at such times as the Planning Department shall require, indicating areas for which reclamation has been completed. The Planning Department shall inspect such areas and notify the permittee whether the reclamation is in accordance with the approved plan or whether there are deficiencies that must be corrected.
F.
Slope; haulageway roads.
(1)
The slope of the mine or other excavation shall not be nearer than 350 feet to any boundary line of the Town, any property line or highway line (whether such highway be within or outside the boundaries of the Town) or nearer than 350 feet to any existing residence, and not nearer than 1,000 feet to the boundary of any NR District.
(2)
All haulageway roads shall have a dust-controlled surface not less than 22 feet wide from the connection to a public highway to a point 100 feet from the loading point, and such haulageway shall be properly maintained by the permittee during the life of the mine.
G.
Financial security.
(1)
Financial security for reclamation. Before the Town Board may issue a special use permit, the applicant shall furnish financial security to ensure the performance of reclamation as provided in the approved mined land use plan and naming the Town as beneficiary. Financial security shall be in the form of a bond with a corporate surety licensed to do business as such in New York or any other form of security the Town Board may deem acceptable.
(2)
The Town Board shall determine the amount, condition, and terms of the financial security. The amount shall be based upon the estimated cost of reclaiming the affected land, which shall be based on information contained in the permit application and upon such other information as an investigation by the Town Board may disclose.
(3)
The financial security shall remain in full force and effect until the Town Board has approved the reclamation. At the discretion of the Town Board, the permittee may secure the release of that portion of the financial security for affected land on which reclamation has been completed and approved by the Town Board.
(4)
If the financial security shall for any reason be canceled, within 30 days after receiving notice thereof, the permittee shall provide a valid replacement under the same conditions as described in this section. Failure to provide replacement financial security within such period may, at the discretion of the Town Board, result in the immediate suspension of the mining permit by the Town Board.
(5)
If a permit is suspended or revoked, the Town Board may require the permittee to commence reclamation upon 30 days' notice.
(6)
If the permittee fails to commence or to complete the reclamation as required, the Town Board may utilize the financial security furnished by the permittee to effect such reclamation. In any event, the full cost of completing reclamation shall be the personal liability of the permittee and/or the person engaged in mining and the Town Board may bring an action to recover all costs to secure the reclamation not covered by the financial security. The materials, machinery, implements and tools of every description which may be found at the mine, or other assets of the permittee and/or the person engaged in mining shall be subject to a lien of the Town for the amount expended for reclamation of affected lands and shall not be removed without the written consent of the Town Board. Such lien may be foreclosed in the same manner as a mechanic's lien.
H.
Definitions.
(1)
For the purposes of this section, the definitions in Environmental Conservation Law § 23-2705 shall control except for the definition of "mining."
(2)
For the purposes of this section:
MINING
The extraction of overburden and solid materials from the earth; the preparation and processing of such solid minerals, including any activities or processes or parts thereof for the extraction or removal of such minerals from their original location and the preparation, washing, cleaning, crushing, stockpiling or other processing of such minerals at the mine location so as to make them suitable for commercial, industrial, or construction use; exclusive of manufacturing processes, at the mine location; the removal of such materials through sale or exchange, or for commercial, industrial or municipal use; and the disposition of overburden, tailings and waste at the mine location. "Mining" shall not include the excavation, removal and disposition of minerals from construction projects, exclusive of the creation of water bodies, or excavations in aid of agricultural activities, or natural gas exploration or extraction.
§ 270-13.5 Elder cottages.
A.
Terms.
(1)
An elder cottage is a separate, detached, temporary one-family dwelling, and is an accessory use to a single- or two-family dwelling.
(2)
For the purpose of this section, the term "owner" shall mean a natural person:
(a)
Who owns at least a 50% interest in the real property and related dwelling; or
(b)
Who owns the real property and related dwelling with no more than one other individual or entity as joint tenants or as tenants by the entirety.
B.
Elder cottages shall be permitted as accessory uses, subject to site plan review as provided in Article XI and the following provisions and conditions:
(1)
Use limitations. An elder cottage shall not be occupied by more than two persons:
(a)
Who shall be the same persons enumerated on the application for the elder cottage; and
(b)
Who shall be persons 55 years of age or older.
(2)
Dimensional limitations.
(a)
The elder cottage shall not exceed 850 square feet in total floor area.
(b)
Notwithstanding any other provisions of this chapter, the minimum size of the elder cottage may be reduced to no less than 250 square feet of total floor area.
(c)
The elder cottage shall not exceed one story in height and under no circumstances shall the building height exceed 20 feet.
(3)
Location requirements.
(a)
An elder cottage shall be located only on a lot where there already exists a single-family or two-family dwelling.
(b)
No elder cottage shall be located within the front yard of any lot.
(c)
No elder cottage shall be permitted on a nonconforming building Lot.
(d)
No more than one elder cottage shall be located on any lot.
(e)
The placement of the elder cottage shall be otherwise in conformity with all other provisions of this chapter, including lot coverage and side and rear yard setbacks.
(4)
Building requirements.
(a)
An elder cottage shall be clearly subordinate to the principal dwelling on the lot and its exterior appearance and character shall be in harmony with the existing principal dwelling.
(b)
An elder cottage shall be constructed in accordance with all applicable laws, regulations, codes and ordinances, and the New York State Uniform Fire Prevention and Building Code.[1]
[1]
Editor's Note: See Ch. 118, Building Code Administration and Enforcement.
(c)
An elder cottage shall be constructed so as to be easily removable. The foundations shall be of easily removable materials so that the lot may be restored to its original use and appearance after removal with as little disruption of the site as possible. No permanent fencing, walls, or other structures shall be installed or modified that will hinder removal of the elder cottage from the lot.
(d)
Adequate water supply and sewage disposal arrangements shall be provided, which may include connections to such facilities of the principal dwelling. If located in an area where electrical, television cable, and/or telephone utilities are underground, such utilities serving the elder cottage shall also be underground.
(e)
An adequate area for parking shall be required for the expected number of cars of the occupants of the elder cottage.
(5)
Approval.
(a)
The approval shall be for a period of one year (unless earlier terminated as hereinafter set forth) and thereafter may be renewed annually by the Code Enforcement Officer upon receipt of an application for same, provided that the circumstances have not changed.
(b)
The approval shall terminate 120 days after:
[1]
The death or permanent change of residence of the original occupant or occupants of the elder cottage; or
[2]
Any of the occupancy requirements set forth in this section are no longer met.
C.
In addition to any other indicia of a permanent change of residence, the continuous absence from the elder cottage of an applicant for a period of 180 consecutive days shall be considered to be a permanent change of residence. During the 120-day period following any of the events set forth in Subsection B(5)(b) above, the elder cottage shall be removed and the site restored so that no visible evidence of the elder cottage remains. If the elder cottage has not been removed by the end of the 120-day period, in addition to the other sanctions in this chapter, an action to compel removal may be commenced to provide for removal and salvage by the Town with a lien imposed to defray any costs incurred. Such lien may be added to the real property taxes applicable to the lot on which the elder cottage was located and collected in the same way as any other tax payable to the Town.
D.
Extension of time to remove elder cottage. Notwithstanding any other provision of this chapter, there shall be no administrative extension of time for removal of an elder cottage. The Town Board may, upon making the same findings that would normally be required for the granting of a use variance, extend the time for removal of the elder cottage for one additional six-month period.
§ 270-13.6 Automotive towing service.
A.
An automotive towing service shall provide a screened fenced-in area for storage of towed motor vehicles to obstruct views of them from adjacent properties and highways. The storage area shall be maintained in a neat and orderly manner.
B.
No more than 15 motor vehicles may be stored on the property at any one time.
C.
Motor vehicles that are not repairable and are to be junked shall not be stored on the property longer than 21 days. Motor vehicles that are to be repaired shall not be stored on the property longer than 90 days.
§ 270-13.7 Sound performance standards.
A.
Policy statement. The Town of Dryden has a compelling interest in ensuring for its residents an environment free from excessive noise which may jeopardize their health or welfare or degrade the quality of life. The prohibitions of this section are intended to protect, preserve and promote the health, safety, welfare and quality of life for residents of the Town through the reduction, control and prevention of such loud and unreasonable noise.
[Amended 1-21-2021 by L.L. No. 1-2021]
B.
Applicability. The requirements of this section shall apply to all uses in the business group and recreational group in any zone, any Planned Unit Development District, any use for which a special use permit and/or site plan review is required, and any industrial or commercial use in any zone or district whether or not a permit from the Town is or was required, and any industrial or commercial use for which a use variance has been granted by the ZBA.
C.
Definitions.
(1)
Any words or phrases not defined in this section or in the definitions in Article III shall assume their common dictionary definition.
(2)
As used in this section, the following definitions shall apply:
A-WEIGHTED SOUND LEVEL
The sound level, in decibels, reported as measured by a sound level measuring instrument having an A-weighting network which discriminates against the lower frequencies according to a relationship approximating the auditory sensitivity of the human ear. The level so read is designated "dBA."
COMMERCIAL USE
Any premises, property, or facility involving the uses set forth in the business group or recreational group in the Allowable Use Groups chart in § 270-5.2 in this chapter, including but not limited to:
(a)
Dining and/or drinking establishments;
(b)
Banking and other financial institutions;
(c)
Establishments for providing retail services;
(d)
Establishments for providing wholesale services;
(e)
Establishments for recreation and entertainment;
(f)
Office buildings;
(g)
Transportation;
(h)
Warehouses;
(i)
Hotels and/or motels.
DECIBEL (dB)
The practical unit of measurement for sound pressure level. The number of "decibels" is a measured sound equal to 20 times the logarithm to the base 10 of the ratio of the sound pressure of the measured sound to the sound pressure of a standard sound (20 micropascals); abbreviated "dB."
INDUSTRIAL USE
Any premises, property, or facility involving the uses set forth in the business group in the Allowable Use Groups chart in § 270-5.2 in this chapter, including but not limited to:
(a)
Any activity and its related premises, property, facilities, or equipment involving the fabrication, manufacture, or production of durable or nondurable goods;
(b)
Any activity and its related premises, property, facilities, or equipment involving the excavation and sale of topsoil, sand, gravel, clay or other natural mineral or vegetable deposit, and the quarrying of any kind of rock formation, not regulated under New York Environmental Conservation Law § 23, Title 27;
(c)
Any manufacturing or industrial and similar use whether conducted indoors or outdoors;
(d)
Any industrial process, whether temporary, intermittent or regularly occurring;
(e)
Any activity and its related premises, property, facilities or equipment, including the production or processing of any raw material, whether solid, gaseous, liquid or any combination thereof;
(f)
The operation of stock yards, slaughterhouses, and rendering plants;
(g)
Junkyards, automobile graveyards and disassembly plants; or
(h)
The disposal, processing or storage of toxic wastes, solid wastes, including medical wastes, garbage or other refuse or waste products of every kind and nature.
PERSON IN CHARGE OF A PARTY OR OTHER EVENT OR GATHERING
The person or persons who obtained permission to utilize public property for that party, event or gathering, or the person or persons who own or rent private property for any party or event (regardless of whether the renter has a long-term or short-term lease), and any adult person who lives in or on the premises involved in such party, event or gathering.
[Added 1-21-2021 by L.L. No. 1-2021]
PROPERTY LINE
The imaginary line, including its vertical extension that separates one parcel of real property from another.
SOUND LEVEL
The sound pressure level measured in decibels with a sound level meter set for A-weighting. "Sound level" is expressed in dBA.
SOUND LEVEL METER
An instrument for the measurement of noise and sound.
UNREASONABLE NOISE
Any excessive or unusually loud sound which either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensitivities, or which causes injury to animal life or damage to property or business.
[Added 1-21-2021 by L.L. No. 1-2021]
D.
Prohibitions. No use of any property to which these prohibitions are applicable shall operate or produce any source of sound in such a manner as to create a sound level which exceeds the limits set forth for the land use category stated below when measured at the property line nearest the receiving land use.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Receiving Land Use Category | Time | Sound Level Limit (dBA) |
|---|---|---|
Residential use in CV, VHMUD, VHRD, VHTD, NR, RA, RR, TNDO District | 7:00 a.m. to 7:00 p.m. | 65 |
7:00 p.m. to 7:00 a.m. | 55 | |
Unique natural areas | 7:00 a.m. to 7:00 p.m. | 60 |
7:00 p.m. to 7:00 a.m. | 50 | |
All others | 7:00 a.m. to 7:00 p.m. | 68 |
7:00 p.m. to 7:00 a.m. | 58 |
(1)
For any source of sound which emits a pure tone, a discrete tone or impulsive sound, the maximum sound levels set forth above shall be reduced by five dBA.
(2)
Nothing contained herein shall restrict or limit the imposition of stricter noise standards by the Town Board in an appropriate situation in connection with any approval requiring environmental review of the proposed action under Environmental Conservation Law Article 8 and the regulations promulgated in 6 NYCRR Part 617.
E.
Exceptions. The sound levels herein prescribed shall not apply to sound emitted or related to:
(1)
Natural phenomena;
(2)
Church bells rung as part of any official church ceremony or service, and tower clock bells ringing the hour;
(3)
Any siren, whistle or bell lawfully used by emergency vehicles or any other alarm systems used in any emergency situation; provided, however, that burglar alarms, including vehicle alarms, not terminated within 30 minutes after being activated shall be unlawful;
(4)
Warning devices required by OSHA or other state or federal regulations;
(5)
Lawful emergency maintenance or repairs;
(6)
Sound emanating from any agricultural activity, including silviculture activity;
(7)
The temporary use of property during construction of a facility;
(8)
Use of public or private school premises for any lawful activity;
(9)
Gun clubs;
(10)
Sound from recreational or personal use of internal combustion engines, provided the same are operated within the parameters of the manufacturers recommendations;
(11)
Sound from commemorative ceremonies conducted at holidays or funerals.
F.
Measurement of sound levels.
(1)
The measurement of sound levels shall be made by any Code Enforcement Officer or his designee with a sound level meter meeting the standards prescribed by the American National Standards Institute S1.4.
(2)
Except where otherwise prescribed, the slow meter response of the sound level meter shall be used in order to determine that the average of three readings taken over a fifteen-minute period does not exceed the limiting sound levels set forth in this section.
(3)
Measurement of sound levels shall be made at the prescribed locations and shall be taken at least four feet from the ground.
(4)
Compliance with sound level limits is to be maintained at all elevations at the boundary of the property.
G.
Enforcement. This section shall be enforced by the Code Enforcement Officer or his designee and at all times by any peace or police officer.
H.
Penalties. Any violation of any of the provisions of this section is hereby declared to be an offense, punishable by a fine not exceeding $500 or imprisonment for a period not to exceed six months, or both for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $500 not more than $1,000 or imprisonment for a period not to exceed six months, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $1,000 nor more than $2,000 or imprisonment for a period not to exceed six months, or both. For the purpose of conferring jurisdiction upon courts, violations of this section of this chapter shall be deemed misdemeanors and for such purpose only, all provisions of the law relating to misdemeanors shall apply to such violations. Each day's continued violation shall constitute a separate additional violation. To the extent this section is inconsistent with Town Law § 268(1), it is intended to supersede such section in accordance with Municipal Home Rule Law § 10(1)(ii)d(3) with respect to the maximum penalties which may be imposed upon a conviction of a violation of this section.
I.
Prohibition of unreasonable noise.
[Added 1-21-2021 by L.L. No. 1-2021]
(1)
No person shall make, continue, cause or permit to be made any unreasonable noise.
(2)
It shall be unlawful for any person in charge of a party, event or gathering that occurs on any private or public property to allow that party, event or gathering to produce unreasonable noise within any building, or outside of a building at a distance of 25 feet or more from the source of such sound. It shall also be unlawful for any participant in that party, event or gathering to contribute to such unreasonable noise.
(3)
Factors to be considered in determining whether noise is unreasonable in a given situation include, but are not limited to, any or all of the following:
(a)
The intensity of the noise.
(b)
The duration of the noise.
(c)
The intensity of the background noise, if any.
(d)
The zoning district within which the noise emanates and all zoning districts that lie within 500 feet of the source of the noise.
(e)
The time of day or night that the noise occurs.
(f)
The proximity of the noise to sleeping facilities.
(g)
Whether the noise is continuous or impulsive.
(h)
The existence of complaints concerning the noise from one or more persons who are affected by the noise.
(i)
Whether the nature of the noise is usual or unusual.
(j)
Whether the noise is due to a natural or human-made activity.
§ 270-13.8 Kennel.
A.
The minimum lot area shall be five acres for kennels or other facility with outdoor runs.
B.
All facilities shall be centrally located on the property to allow for adequate distance from the property line to reduce the effect of noise from barking animals.
C.
The Board may impose such conditions as it deems necessary to avoid or minimize traffic, noise and odor impacts and impairment of the use, enjoyment and value of property in the area of the kennel.
§ 270-13.9 Drive-through facility.
A.
The regulations and requirements set forth in this section are intended to reduce the negative impacts that drive-through facilities may create. Of special concern are noise from idling motor vehicles and audio equipment, lighting, and stacked or queued drive-through traffic interfering with on-site and off-site traffic and pedestrians. The special requirements set forth for drive-through facilities are in addition to all other requirements pertaining to the principal use to which a drive-through facility is part.
B.
Vehicular traffic stacking or queuing requirements. A drive-through, for the following uses shall provide the following minimum vehicular traffic stacking or queuing distances:
(1)
For a fast-food restaurant, the minimum distance shall be 140 feet between the start of the drive-through lane to the service window.
(2)
For a bank and other similar business, the minimum distance shall be 60 feet from the start of the drive-through lane to the service window.
(3)
The stacking spaces shall be located so as not to interfere with the use of parking spaces or the flow of traffic on the site and shall be adequately striped and marked with directional signs.
C.
Multiple drive-through vehicular traffic lanes. The Board may allow lesser stacking distances than those specified in this section for businesses with multiple drive-through lanes, when documentation supporting such reduction is provided in connection with site plan review.
D.
Noise. Any drive-through audio system shall emit no more than 50 decibels measured at four feet from the speaker and shall not be audible above daytime ambient noise levels beyond the property boundaries. The audio system shall be designed to compensate for ambient noise levels in the immediate area and no speaker shall be located within 30 feet of any residential district or any property used for residential uses.
E.
Location, setbacks, size and landscaping.
(1)
Drive-through service areas shall not be located in the front yard.
(2)
Service areas and stacking lanes must be set back at least 30 feet from all lot lines which abut a residential zone and shall be screened as determined necessary by the Board.
(3)
Service areas and stacking lanes must be set back at least 10 feet from all lot lines which abut nonresidential zones and shall be screened as determined necessary by the Board.
(4)
Stacking lanes must be set back 10 feet from all street lines and shall be screened as determined necessary by the Board.
§ 270-13.10 Automotive repair garage.
A.
Ten visitor parking spaces, plus two parking spaces for each three employees, shall be provided. Vehicles awaiting service or repair shall be parked in a marked area and only in a side yard or rear yard, unless this requirement is waived by the Board in site plan review.
B.
Garage doors shall be visually buffered from adjacent residential uses.
C.
The storage of motor vehicles for service or repair shall be confined to the portions of the lot designated for parking on the site plan. Partially dismantled vehicles shall not be stored in any required yard setback or be located in any required buffer strip, except when the Board in its site plan review determines that an adequate buffer will be provided to protect adjacent properties and uses and that the appearance of such storage will not result in adverse visual impact.
D.
No outdoor sales or display of motor vehicles for sale shall be permitted.
E.
All parts or similar articles shall be stored within a structure. All repair and service work, including car washing, but excluding emergency service and the sale of fuel and lubricants, shall be conducted entirely within either a structure or, where deemed appropriate by the Board in site plan review due to such factors as the size of the property involved and/or its location, entirely within a fenced-in area in which such work is visually screened from all adjoining properties and roadways.
§ 270-13.11 Accessory dwelling unit.
A.
Standards. Accessory dwelling units shall comply with the following standards:
(1)
Principal use. The principal use of the structure must be that of a Single-family dwelling or an accessory structure, such as a detached garage, that primarily serves the needs of the single-family dwelling.
(2)
Required occupancy. The owner of the property upon which the accessory dwelling unit is located shall occupy the principal or Accessory dwelling unit on the premises as their primary residence.
(3)
Number of accessory dwelling units. Only one Accessory dwelling unit shall be permitted on any lot.
(4)
Maximum size. An accessory dwelling unit shall be subordinate in area to the single-family dwelling.
(5)
Maximum occupancy. The accessory dwelling unit shall be limited in occupancy as a single-family dwelling.
(6)
Setbacks. If the accessory dwelling unit is within a detached accessory structure, said Structure must meet the required yard setbacks.
(7)
Access. An external located entrance, separate from that of the single-family dwelling shall be located on the side or rear of the single-family dwelling, or in the front only if the entrance is on a separate, perpendicular plane from that of the front entrance of the single-family dwelling.
(8)
Outside stairways. Any outside stairways and/or fire escapes shall be at the rear or side of the Structure.
(9)
Exterior appearance. If an accessory dwelling unit is located in a detached single-family dwelling, to the degree reasonably feasible, the exterior appearance of the structure shall remain that of a Single-Family dwelling.
(10)
Utilities. Unless the dwelling is serviced by a public water or sewer system, approval of the Tompkins County Health Department shall be obtained prior to issuance of a building permit, certificate of occupancy and/or certificate of compliance.
(11)
Maintenance and continued compliance. An accessory dwelling unit shall be permitted and continued only when all structures on the lot are in compliance with applicable laws, codes, rules, regulations, statutes and local laws and ordinances.
(12)
Parking. Off-street parking shall be provided in accordance with § 270-9.3 of this chapter.
B.
Application. An application for an accessory dwelling unit must contain sufficient information to demonstrate compliance with each of the standards set forth in this section, including but not limited to the following information:
(1)
A floor plan of each habitable floor of the structure, with all interior dimensions, including windows and doors, including types of rooms.
(2)
Plans shall be prepared in sufficient size and detail to enable the Planning Department to determine compliance with the requirements for an accessory dwelling unit.
§ 270-13.12 Solar energy systems.
[Added 2-16-2017 by L.L. No. 3-2017]
A.
Authority. This section is adopted pursuant to the powers granted by § 261 and 263 of the Town Law of the State of New York, which authorize the Town of Dryden to adopt zoning provisions that advance and protect the health, safety, and welfare of the community, and "to make provision for, so far as conditions may permit, the accommodation of solar energy systems and equipment and access to sunlight necessary therefor."
B.
Statement of purpose. This section is adopted to advance and protect the public health, safety, and welfare of the Town of Dryden, including:
(1)
Taking advantage of a safe, abundant, renewable, and nonpolluting energy resource;
(2)
Decreasing the cost of energy to the owners of commercial and residential properties, including single-family houses; and
(3)
Increasing employment and business development in the region by furthering the installation of solar energy systems.
C.
Applicability.
(1)
The requirements of this section shall apply to all solar energy systems installed or modified after its effective date, excluding general maintenance and repair, building-integrated photovoltaic systems, and solar energy systems with a total area of solar collectors of 10 square feet or less.
(2)
The installation of any solar energy system does not carry with it a right to a clear line of sight to the sun. It shall be the responsibility of the applicant, installer, or developer to gain any and all solar easements or agreements to maintain a line of sight to the sun if necessary.
(3)
The Town of Dryden Planning Department shall review and determine the correct path for all permitting requirements.
D.
Building-mounted solar energy systems.
(1)
Building-mounted solar energy systems are permitted as an accessory use in all zoning districts when attached to any lawfully permitted building or structure.
(2)
Height. Solar energy systems shall not exceed the maximum height restrictions of the zoning district within which they are located and are provided the same height exemptions that apply to building-mounted mechanical devices or equipment.
(3)
All building-mounted solar energy systems shall be exempt from the requirement for site plan review or a special use permit, unless such building-mounted system increases the overall height of the structure by six feet or more, in which case site plan review by the Planning Board shall be required.
(4)
All owners of building-mounted solar energy systems must file a building permit application with the Planning Department, and obtain a valid building permit, prior to starting their installation.
E.
Ground-mounted small-scale solar energy systems.
(1)
Ground-mounted small-scale solar energy systems shall not be located in the following areas, unless otherwise approved by the Planning Board in conjunction with a site plan review process as provided in Article XI:
(a)
Prime farmland soils as identified by the United States Department of Agriculture-Natural Resources Conservation Service (USDA-NRCS) or alternative available resource.
(b)
Areas of potential environmental sensitivity, such as unique natural areas as designated by the Tompkins County Environmental Management Council, floodplains, historic sites, airports, state-owned lands, conservation easements, trails, parkland, prime soils, and wetlands as identified by Tompkins County Planning Department mapping services, the New York State Department of Environmental Conservation, or the United States Army Corps of Engineers.
(c)
Development is prohibited on slopes of greater than 15% unless the solar energy applicant can demonstrate through engineering studies and to the satisfaction of the Town Engineer that the proposed development will cause no adverse environmental impact that will not be satisfactorily mitigated.
(d)
Placement within the front yards of residential lots, if any aboveground portion of the system is within 100 feet of a public highway right-of-way.
(2)
Ground-mounted small-scale solar energy systems are permitted as principal and accessory structures in all zoning districts and shall adhere to the following:
(a)
Height and setback. Ground-mounted solar energy systems shall not exceed 20 feet in height, and the setback requirements of the underlying zoning district shall apply.
(b)
Lot coverage. The horizontal surface area covered by ground-mounted solar collectors shall be included in total lot coverage and when combined with the coverage of other structures, the total area shall not exceed the maximum lot coverage as permitted in the underlying zoning district.
(3)
Except as provided in Subsection E(1) above, ground-mounted small-scale solar energy systems shall be exempt from the requirement for site plan review or a special use permit.
F.
Ground-mounted large-scale solar energy systems.
(1)
Ground-mounted large-scale solar energy systems are permitted as principal and accessory uses through the issuance of a special use permit as approved by the Town Board with prior review and recommendations on the site plan by the Planning Board within Conservation, Rural Agriculture, Rural Residential, Mixed-Use Commercial, and Light Industrial Zoning Districts, subject to the requirements set forth in this section, including site plan approval. Applications for the installation of a ground-mounted large-scale solar energy system shall be reviewed by the Zoning Officer and referred, with comments, to the Town Planning Board for its review and recommendation, and to the Town Board for its review and action, which can include approval, approval on conditions, or denial.
(a)
Ground-mounted large-scale solar energy systems that produce electricity or thermal energy primarily for active farming or agricultural uses, where the generation is less than 110% of the farm use, shall be exempt from the requirement to obtain a special use permit or a site plan.
(2)
Ground-mounted large-scale solar energy systems shall not be located in the following areas unless otherwise approved by the Town Board in conjunction with the special use permit approval process as provided in this section:
(a)
Prime farmland soils as identified by the USDA-NRCS or alternative available resource.
(b)
Areas of potential environmental sensitivity, including unique natural areas, floodplains, historic sites, airports, state-owned lands, conservation easements, trails, parkland, prime soils, and wetlands as identified by Tompkins County Planning Department mapping services, the New York State Department of Environmental Conservation, or the United States Army Corps of Engineers.
(c)
On slopes of greater than 15%, unless the solar energy applicant can demonstrate through engineering studies and to the satisfaction of the Town Engineer that the proposed development will cause no adverse environmental impact that will not be satisfactorily mitigated.
(3)
No special use permit or renewal thereof or amendment of a current special use permit relating to a ground-mounted large-scale solar energy system shall be granted by the Town Board unless the solar energy applicant demonstrates that such ground-mounted large-scale solar energy system:
(a)
Conforms with all federal and state laws and all applicable rules and regulations promulgated by any federal or state agencies having jurisdiction.
(b)
Is designed and constructed in a manner which minimizes visual impact to the extent practical.
(c)
Complies with all other requirements of the Town of Dryden Zoning Law and applicable Commercial Design Guidelines unless expressly superseded herein.
(d)
Conforms with all adopted plans of the Town of Dryden.
(e)
Complies with a fifty-foot front yard, rear yard, and side yard setback, except the setback is reduced to 10 feet (one feet for all fences) along the portion of any lot line where another ground-mounted large-scale solar energy system: is located across the line; and is no more than 50 feet from the lot line.
[Amended 12-14-2017 by L.L. No. 6-2017]
(f)
Does not exceed 20 feet in height.
(g)
Has a solar collector surface area (as measured in the horizontal plane) that, when combined with the coverage of other structures on the lot, does not exceed twice the maximum lot coverage as permitted in the underlying zoning district, unless the Town Board authorizes the additional exceedance through the special use permit process.
(4)
Special use permit application requirements. For a special use permit application, the site plan application is to be used as supplemented by the following provisions and shall include, but not be limited, to the following:
(a)
A completed project application form in such detail and containing such information as the Town Board may require.
(b)
In fulfilling the requirements of the State Environmental Quality Review Act (SEQRA), the Town Board may require a Full Environmental Assessment Form (EAF) for the proposed ground-mounted large-scale solar energy system. The Town Board may require submittal of a more detailed visual analysis based on the information in, or analysis of, the EAF.
(c)
Site plan in accordance with the requirements of Article XI and this section, including, without limitation:
[1]
Name, address and phone number of the person preparing the reports.
[2]
Postal address and Tax Map parcel number of the property.
[3]
Zoning district in which the property is situated.
[4]
The exact location including geographic coordinates of the proposed ground-mounted large-scale solar energy system including any solar arrays, equipment and anchors, if applicable.
[5]
Identification on site plans of areas of potential environmental sensitivity, including on-site or nearby unique natural areas, slopes greater than 15%, floodplains, historic sites, airports, other government lands, conservation easements, trails, parkland, prime soils, and wetlands as identified by Tompkins County Planning Department mapping services, the New York State Department of Environmental Conservation, or the United States Army Corps of Engineers.
[6]
The maximum height of the proposed solar energy system, including all appurtenances.
[7]
A detail of solar collector type, including but not limited to equipment specification sheets for all photovoltaic panels and collectors, significant components, mounting systems, and inverters that are to be installed; and proposed solar energy production capacity design level proposed for the solar energy system and the basis for the calculations of the area of the solar energy system's capacity.
[8]
The location, type and intensity of any lighting on the site.
[9]
Property boundaries and names of all adjacent landowners;
[10]
If the real property for the proposed project is to be leased, legal consent between all parties, specifying the use(s) of the land for the duration of the project, including easements and other agreements, shall be submitted. A document must be submitted that clearly delineates the party responsible for decommissioning at the end of the life of the system and in the event the owner of the system abandons the system for any reason. Examples of such a document are a lease, memorandum of lease or letter of agreement.
[11]
The location of all other structures on the property.
[12]
The system shall be designed to accommodate emergency vehicle access. The design may include, but not be limited to, items such as the height, access ways for vehicles, firefighting capabilities, and other prominent features.
[13]
Blueprints and a site plan showing the layout of the ground-mounted large-scale solar energy system, which must bear the seal of a design professional licensed to practice in New York State.
[14]
Description of continuing solar energy system maintenance and property upkeep, such as mowing and trimming.
[15]
The location, nature and extent of any proposed fencing, landscaping and screening.
[16]
The location and nature of any proposed utility easements and access roads or drives.
[17]
A glare assessment survey and any mitigation efforts that may be utilized to minimize glare on contiguous parcels of land.
[18]
A decommissioning plan as set forth in the below provisions titled "Abandonment and Decommissioning."
(5)
Special use permit standards.
(a)
Appearance and buffering:
[1]
The ground-mounted large-scale solar energy system shall have the least visual effect practical on the environment, as determined by the Town Board. Based on site specific conditions, including topography, adjacent structures, and roadways, reasonable efforts shall be made to minimize visual impacts by preserving natural vegetation, and providing landscape screening to abutting residential properties and roads, but screening should minimize the shading of solar collectors.
[2]
Any glare produced by the solar array shall not impair or make unsafe the use of contiguous structures, any vehicles on or off the road, any airplanes, or uses by other possible impacted entities as determined by the Town Board.
[3]
Any exterior lighting installed shall have the least visual effect practical on the contiguous properties and shall be approved by the Town Board.
[4]
The Town Board may require additional information, such as line-of-sight drawings, detailed elevation maps, visual simulations, before and after renderings, and alternate designs to more clearly identify adverse impacts for the purpose of their mitigation.
[5]
Equipment and vehicles not used in direct support, renovations, additions or repair of any ground-mounted large-scale solar energy system shall not be stored or parked on the facility site.
(b)
Access and parking:
[1]
Ground-mounted large-scale solar energy systems may be enclosed by fencing to prevent unauthorized access. Warning signs with the owner's name and emergency contact information shall be placed on any access point to the system and on the perimeter of the fencing. The fencing and the system shall be further screened by any landscaping or decorative fencing needed to avoid adverse aesthetic impacts as approved by the Town Board.
[2]
Motion-activated or staff-activated security lighting around the equipment area of a ground-mounted large-scale solar energy system or accessory structure entrance may be installed provided that such lighting does not project off the site. Such lighting should only be activated when the area within the fenced perimeters has been entered.
[3]
A locked gate at the intersection of the access way and a public road may be required to obstruct entry by unauthorized vehicles. Such gate must be located entirely upon the lot and not on the public right-of-way.
(c)
Engineering and maintenance:
[1]
Every solar energy system shall be built, operated and maintained to acceptable industry standards, including but not limited to the most recent, applicable standards of the Institute of Electric and Electronic Engineers (IEEE) and the American National Standards Institute (ANSI).
[2]
The Town, at the expense of the solar energy applicant, may employ its own consultant(s) to examine the application and related documentation and make recommendations as to whether the criteria for granting the special use permit have been met, including whether the applicant's conclusions regarding safety analysis, visual analysis, structural inspection, and stormwater management aspects are valid and supported by generally accepted and reliable engineering and technical data and standards.
(d)
The Town Board may impose conditions on its approval of any special use permit under this section in order to enforce the standards referred to in this section or in order to discharge its obligations under the State Environmental Quality Review Act (SEQRA).
(6)
Any application under this section shall also meet all provisions contained in Article XI for site plans that, in the judgment of the Town Board, are applicable to the system being proposed.
G.
Fees and deposits.
(1)
The fees for a special use permit, site plan review and building permit for a solar energy system shall be set from time to time by Town Board resolution.
(2)
The solar energy applicant shall deliver with its application an amount equal to 1% of the estimated cost of the project or $25,000, whichever is less (the "initial deposit"). This sum shall be held by the Town in a non-interest-bearing account, and these funds shall be available to the Town to pay consultants engaged by the Town to assist in review of the application. Following grant or denial of the application, the Town shall return to the applicant any excess remaining in escrow. If the escrow account has been depleted prior to grant or denial of the application, the applicant shall deposit such funds as are then necessary for the Town to pay any outstanding fees to said consultants.
[Amended 12-14-2017 by L.L. No. 6-2017]
H.
Building permits.
(1)
A holder of a special use permit from the Town Board granted under this section shall obtain, at its own expense, all permits and licenses required by applicable law, rule, regulation or code and must maintain the same, in full force and effect, for as long as required by the Town or other governmental entity or agency having jurisdiction over the solar energy applicant.
(2)
A holder of a special use permit from the Town Board for a solar energy system shall construct, operate, maintain, repair, provide for removal of, modify or restore the permitted Solar Energy System in strict compliance with all current applicable technical, safety and safety-related codes adopted by the Town, county, state or United States, including but not limited to the most recent editions of the National Electrical Safety Code and the National Electrical Code, as well as accepted and responsible workmanlike industry practices and recommended practices. The codes referred to are codes that include, but are not limited to, construction, building, electrical, fire, safety, health and land use codes. In the event of a conflict between or among any of the preceding, the more stringent shall apply.
(3)
Unless waived by the Town Board, there shall be a preaapplication meeting for the building permit application for a solar energy system that requires a special use permit or site plan review. The purpose of the preapplication meeting will be to address issues which will help to expedite the review and permitting process. A preapplication meeting may also include a site visit, if required. Costs of the Town's consultants to prepare for and attend the preaapplication meeting will be borne by the solar energy applicant.
(4)
The solar energy applicant shall furnish written certification that the solar energy system, foundation and attachments are designed and will be constructed ("as built") to meet all local, county, state and federal structural requirements for loads, including wind and snow loads. If the solar energy system is subsequently approved and constructed, similar as-built certification indicating that it has been constructed in accordance with all standards shall be furnished prior to the Town issuance of any certificate of occupancy or compliance.
(5)
After construction and prior to receiving a certificate of occupancy or compliance, the solar energy applicant shall furnish written certification that the solar energy system is grounded and bonded so as to protect persons and property and installed with appropriate surge protectors by a certified and approved NYS Licensed Electrical Inspector.
I.
Right to inspect.
(1)
In order to verify that the solar energy system's owners and any and all lessees, renters and/or operators of the solar energy system place, construct, modify and maintain such systems, including solar collectors and solar inverters, in accordance with all applicable technical, safety, fire, building and zoning codes, laws, ordinances and regulations and other applicable requirements, the Town may inspect all facets of said system's placement, construction, modification and maintenance.
(2)
Any inspections required by the Dryden Planning Department that are beyond its scope or ability shall be at the expense of the solar energy applicant.
J.
Abandonment and decommissioning.
(1)
At the time of submittal of the application for a special use permit for a ground-mounted large-scale solar energy system, the solar energy applicant shall submit and agree to the performance of a decommissioning plan that includes the removal of the solar energy system and all associated equipment, driveways, structures, buildings, equipment sheds, lighting, utilities, fencing, and gates. If such system becomes technologically obsolete or ceases to perform its originally intended function for more than six consecutive months, the Town may require its removal in accordance with the decommissioning plan. The Town shall provide the solar energy system owner 30 days' prior written notice of a request for decommissioning. Upon removal of a ground-mounted large-scale solar energy system, the land shall be restored to its previous condition, including but not limited to the seeding and sodding, as appropriate depending upon the season of the work, of exposed soils.
(2)
At the time of obtaining a building permit, the solar energy applicant may be required to provide a financial security bond or other form of financial security acceptable to the Town for removal of the ground-mounted large-scale solar energy system and property restoration, with the Town of Dryden as the obligee, in an amount approved by the Town Board. Upon any amendment of the special use permit, the Town Board may adjust the required amount of the financial security bond to adequately cover increases in the cost of removal of the ground-mounted large-scale solar energy system and property restoration. If the ground-mounted large-scale solar energy system is not decommissioned after being considered abandoned, the Town may remove the system and restore the property and impose a lien on the property pursuant to § 270-18.3B to recover these costs to the Town.
(3)
All other solar energy systems shall be considered abandoned after six consecutive months without electrical energy or thermal energy generation and must be removed from the property. The Town Board may consider and grant, for good cause shown, an application for one extension not exceeding 24 months for solar energy systems other than ground-mounted large-scale solar energy systems.