The proposed installation in a specific location is necessary and convenient for the efficiency of the essential service or the satisfactory and convenient provision of service to the area in which the particular use is located.

The design of any building in connection with such facility shall conform to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights in the district in which it is to be located.

Adequate and attractive fences and other safety devices will be provided.

A buffer strip not less than 15 feet in depth shall be provided around the perimeter of the property.

Adequate off-street parking shall be provided.

All other applicable requirements of this chapter shall be met.

The removal of all buildings and structures used in the operations.

All excavations shall be graded and backfilled, and piles of waste material shall be leveled.

Excavations made to a water-producing depth shall be properly sloped to the water line, with banks sodded or surfaced with soil of an equal quality to adjacent land area topsoil and shall be planted with trees, shrubs, legumes or grasses.

Excavations not made to a water-producing depth must be graded or backfilled with nonnoxious, nonflammable, noncombustible solid material and in a topographic character which will result in a substantial general conformity to adjacent lands. Such grading or back-filling and leveled piles of waste materials shall be designed to minimize erosion and shall be surfaced with a soil equal in quality to that of adjacent land area and planted with trees, shrubs, legumes or grasses.

Name and address of the proponent.

Classification of the proposed airport (commercial, noncommercial or restricted.)

Type of aviation activities proposed (aircraft sales and service, flight instruction, crop dusting, air taxi, etc.).

Number of aircraft expected to utilize the airstrip initially and within five years.

Type of aircraft expected to utilize the facility.

Statement as to the anticipated number of daily operations.

Copy of the airspace clearance granted by the Federal Aviation Administration for this airport, including United States Geological Survey topographic map.

A copy of the New York State Commissioner of Transportation's determination concerning this airport in accordance with the provisions of § 249 of the New York State General Business Law.

A site development plan to be approved by the Town Board, which includes the following:

An area map at a scale of not less than one inch equals 500 feet showing:

Such establishments and the parking areas primarily related to their operations shall not occupy more than 5% of the gross area of the camping ground.

Such establishments shall be restricted in their use to occupants of the camping ground.

Such establishments shall present no visible evidence from any street outside the camping ground of their commercial character which would attract customers other than occupants of the camping ground.

Streets in camping grounds shall be private, but shall be constructed with a stabilized travelway and shall meet the following minimum stabilized travelway-width requirements:

Plans and specifications for streets shall be reviewed and approved by the Town Engineer. All roadways and public parking areas shall either be paved or dust treated.

Townhouse unit having two bedrooms or less: 850 square feet.

Townhouse unit having three bedrooms or more: 1,000 square feet.

Apartment unit, efficiency: 450 square feet.

Apartment unit having one bedroom: 550 square feet.

Apartment unit having two bedrooms: 700 square feet.

Apartment unit having three bedrooms: 800 square feet.

Apartment units having four bedrooms: 900 square feet.

No more than 30% of the total units within a multiple-family dwelling development shall be efficiency units.

No more than 30% of the total units within a multiple-family dwelling development shall have three or more bedroom units.

Setback, front and rear, shall be 75 feet; and, side, 50 feet.

Minimum distance between buildings shall be 60 feet.

Direct line of sight visibility from one building to another shall not be less than 100 feet.

Every building shall have a minimum setback of 25 feet from all interior roads, driveways and parking areas.

A strip of land at least six feet in width surrounding each building shall be kept completely open except for foundation plantings of less than six feet in height.

Court yards bounded on three sides by the wings of a single building or by the walls of separate buildings shall have a minimum court width of two feet for each one foot in height of the tallest adjacent building.

All multiple-family dwelling developments shall have direct access to a public road.

If there are more than 12 dwelling units in a multiple-family dwelling development, direct access must be provided to a public road by a private driveway or a road dedicated to the Town by the developer.

If there are more than 50 dwelling units in a multiple-family development, or if in the opinion of the Town Board the location or topography of the site indicates the need for additional access, the Town Board may require such additional access as a condition of site plan approval.

Each dwelling unit shall contain complete kitchen facilities, toilet, bathing and sleeping facilities.

There shall be a minimum common storage area in each building for bicycles, perambulators and similar types of equipment of 40 square feet in area, a minimum of five feet in height and not less than four feet in width per dwelling unit.

Sufficient laundry, drying, garbage pickup and other utility areas shall be provided and shall be located with a view both to convenience and to minimizing the detrimental effect on the aesthetic character of the building(s) and shall be enclosed and shielded from view by fencing, walls or shrubbery of at least six feet in height around the perimeter. Fencing and walls shall be not more than 50% open on the vertical surface.

Multiple-family dwelling complexes shall be designed to create usable private open space. A minimum of 10% of the total tract area, exclusive of the required setback areas, buffer strip and parking areas shall be designated for common recreational purposes.

No recreational area shall be less than 10,000 square feet in area nor less than 100 feet in width. Areas designated for recreation purposes shall be approved by the Town Board.

Multiple-family dwelling complexes shall be attractively shrubbed and properly maintained. Open space adjacent to, around or between driveways, parking areas, structures or other required improvements shall be graded and seeded to provide a thick stand of grass or other plant material.

All public utility, electric, gas, cable television and telephone lines shall be installed underground.

Multiple-family developments shall be connected to and served by public water supply and sanitary sewer systems.[1]

Retail business establishments which are clearly of a neighborhood service character such as grocery stores, drugstores, stationery, variety and clothing stores and restaurants.

Personal service establishments such as barber and beauty shops, shoe repair shops, business and professional offices, self-service laundries and dry-cleaning stores.

Other uses approved by the Town Board.

The vehicle washing facility or customary uses or operations associated with the facility shall be located no closer than 300 feet to any residential district and shall be separated from a residential district by another nonresidential use.

All washing facilities shall be within a completely enclosed building which shall be designed in keeping with the facades of adjacent land uses.

Vacuuming facilities may be located outside the building, but shall not be in the front yard and shall meet the respective setback requirements as required for the GC General Commercial District. Such area shall be buffered or screened as deemed necessary by the Town Board.

Off-street parking shall be provided on the property in the ratio of not less than four reservoir parking spaces entering each washing stall and three reservoir parking spaces at the exit from each stall plus one space per employee.

All off-street parking areas shall be paved.

Any lights used to illuminate the area shall be directed away from adjacent properties and roadways.

The hours of operation shall be determined by the Town Board.

The vehicle washing facility and customary uses or operations associated with the facility shall not be located closer than 500 feet to a residential district.

All vehicle wash operations shall be so soundproofed. The entire development shall be so arranged and the operations shall be so conducted that the noise emanating therefrom, as measured from any point on the adjacent property, shall be no more audible than the noise emanating from the ordinary street traffic and from other commercial uses measured at the same point on said adjacent property.

There shall be provided no less than 10 reservoir parking spaces for the entrance to each washing area if there are two bays and seven if there are three or more bays and five parking spaces at the exit of each washing area. One parking space shall also be provided for each employee on the maximum shift.

Vacuuming facilities may be provided outside of the building, but shall meet the setback requirements as required for the GC General Commercial District. Such area shall be buffered or screened as deemed necessary by the Town Board.

[1]Any lighting shall be directed away from adjacent properties and roadways.

All off-street parking areas shall be paved.

All washing operations shall be conducted within enclosed structures which shall be externally designed to be in keeping with the exterior facades of adjacent land uses.

Water used for washing vehicles shall be collected and recycled for additional use.

The purpose of these supplemental regulations is to promote the health, safety, and general welfare of the residents of the Town of Macedon; to provide standards for the safe provision of telecommunications towers consistent with applicable federal and state regulations; to minimize the total number of telecommunications towers in the community by encouraging shared use of existing and future towers and the use of existing tall buildings and other high structures: and to minimize adverse siting, mitigate impacts and ensure appropriate landscaping and buffering.

It is a further purpose of this section to prevent visual intrusion of such communication installations and to protect the natural features and aesthetic characteristics of the Town of Macedon. The Town of Macedon recognizes the increased demand for wireless communication transmitting facilities and the need for the services they provide. Often, the facilities require the construction of towers. The unaesthetic intrusion of large or high structures of unusual shape or size, monolithically towering above standard-appearing homes and structures, can be disturbing to visual sensitivities. Bulk and visual impact of such installations creates aesthetic problems making it appropriate to have some special limitations as to size and placement thereof. The intent of this section is to protect the Town's interest in properly siting towers in a manner consistent with sound land use planning while also allowing wireless services providers to meet their technological and service objectives. Accordingly, it is the intent of this section to provide a means of controlling the installation and maintenance of such installations. It is furthermore intended to provide a safe and effective way to maintain the aesthetic character of and harmony within the Town of Macedon.

No telecommunications tower shall hereafter be used, erected, moved, reconstructed, changed or altered except after approval of a special use permit and unless in conformity with these regulations.

No existing structure shall be modified to serve as a telecommunications tower unless in conformity with these regulations.

Telecommunications towers and accessory facilities/structures shall be permitted in all zoning districts, subject to and upon the approval and issuance of a special use permit by the Town Board and final site plan approval by the Town of Macedon Planning Board under the procedures set forth in Macedon Code § 300-14 and § 300-185.

An applicant proposing to share use of an existing tall structure or existing or approved tower shall be required to submit:

If an applicant proposing to share use of an existing tall structure, or existing or approved tower, submits complete and satisfactory documentation in accordance with Subsection C(1) above, and if modifications indicated according to Subsection C(1) are deemed insignificant by the Town Board, the Town Board shall grant a special use permit without further review under this section. If the Town Board determines that any modifications indicated according to subsection C(1) are significant, it may require further review according to Subsections H through S below.

The Town Board may consider a new telecommunications tower when the applicant demonstrates that shared use of existing tall structures and existing or approved towers is impractical. An applicant shall be required to present an adequate inventory of all existing tall structures and existing or approved towers within eight miles (both within and outside of this municipality) of the proposed site and outlining opportunities for shared use of these existing facilities as an alternative to a proposed new tower. The report shall demonstrate good faith efforts to secure shared use from the owner of each existing tall structure and existing or approved tower as well as documentation of the physical and/or financial reasons why shared usage is not practical in each case. Written requests and responses for shared use shall be provided.

The construction of a telecommunications tower on the proposed site is necessary to provide safe and adequate service and that it will eliminate substantial aspects of the existing gaps in cellular service, improve transmission and reception of existing service in the Town of Macedon and in the surrounding region, or provide service in places where no wireless service is currently available;

Compelling reasons, related to technology, economics, efficiency and other factors, justify the position that it is preferable and more feasible to use this single site than multiple alternate sites; and

The intrusion on the community is genuinely minimal and that it will have a negligible impact on the surrounding neighborhood.

Respond in a timely, comprehensive manner to a request for information from a potential shared-use applicant.

Negotiate in good faith concerning future requests for shared use of the new tower, by other telecommunications providers.

Allow shared use of the new tower if another telecommunications provider agrees in writing to pay charges.

Make no more than a reasonable charge for shared use, based on generally accepted accounting principles. The charge may include but is not limited to a pro rata share of the cost of the site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity, and depreciation, and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference.

An applicant shall be required to submit a site plan in accordance with Chapter 190, Land Use and Public Works, § 190-48. The site plan shall show all existing and proposed structures and improvements, including roads, buildings, tower(s), guy wire and anchors, parking and landscaping, and shall include grading plans for new facilities and roads. The site plan will also be required to show the following:

Supporting documentation. The Planning Board shall require that the site plan include a complete long-form environmental assessment form and visual EAF and documentation on the proposed intent and capacity of use as well as a justification for the height of any tower and justification for any clearing required. The Planning Board shall also require a copy of the applicant's certificate of need from the Public Service Commission and a copy of the applicant's Federal Communications Commission (FCC) license.

Preference for siting communication towers. The following establishes a system of preferred locations that a proposed tower be located in a specific setting or in a specific area or zoning district, provided there is a technologically feasible and available location. A guideline for the preference, from the most favorable to the least favorable district/setting/property, is as follows:

Lot size of parcels containing a tower shall be determined by the amount of land required to meet the setback requirements. If the land is to be leased, the entire lot required shall be leased from a single parcel.

Telecommunication towers shall comply with all existing setback requirements of the underlying zoning district, or shall be located with a minimum setback from any property line equal to 1 1/2 times the height of the tower, whichever is greater. Accessory structures shall comply with the minimum setback requirements in the underlying zoning district.

A "Zone of Visibility Map" shall be provided in order to determine locations where the tower may be seen.

Accurate pictorial representations of "before" and "after" views from key viewpoints both inside and outside of the Town, including but not limited to: state highways and other major roads, state and local parks, other public lands, preserves and historic sites normally open to the public, and from any other location where the site is visible to a large number of visitors or travelers. The Planning Board shall determine the appropriate key sites at a presubmission conference with the applicant.

Assessment of alternative tower designs and color schemes, as described in Subsection K below.

Assessment of the visual impact of the tower base, guy wires, accessory buildings and overhead utility lines from abutting properties and streets.

Any new tower shall be structurally designed to accommodate future shared use by at least three other telecommunications providers (four total carriers minimum). Ground lease areas shall be large enough to accommodate ground equipment for a total of four carriers.

Unless specifically required by other regulations, all towers shall have a neutral earth tone or similar painted finish that shall minimize the degree of visual impact.

The maximum height of any new tower in the Town of Macedon shall not exceed that which shall permit operation without artificial lighting of any kind or nature, in accordance with municipal, state, and/or federal law and/or regulation. Under no circumstance shall any antennas, extensions, or other devices extending above the structure of the tower measured from the ground surface immediately surrounding the site exceed 199 feet.

The Planning Board may request a review of the application by a qualified engineer and/or legal counsel in order to evaluate the need for and the design of any new tower. Expenses for this evaluation shall be the responsibility of the tower applicant.

Accessory structures shall maximize the use of building materials, colors and textures designed to blend with the natural surroundings.

No portion of any tower or accessory structure shall be used for a sign or other advertising purpose, including but not limited to company names, phone numbers, banners, and streamers.

An applicant who proposes a new telecommunications tower shall notify, in writing, the legislative body of each municipality that borders the Town of Macedon, including the Towns of Penfield, Perinton, Victor, Farmington, Walworth, Marion, Palmyra, Manchester, the Village of Palmyra, and the Wayne County Planning Board. Notification shall include the exact location of the proposed tower and a general description of the project, including, but not limited to, the height of the tower and its capacity for future shared use.

Documentation of the notification shall be submitted to the Planning Board at the time of application.

Verification of utility notification. Foreseeable infrastructure upgrades shall be documented and submitted. Off-grid systems are exempt from this requirement.

Name, address, and contact information of the applicant, property owner(s), and agent submitting the proposed project.

If the property of 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.

Site plan. Site plan approval is required.

Blueprints signed by a professional engineer or registered architect of the solar installation showing the layout of the system.

The equipment specification sheets shall be documented and submitted for all photovoltaic panels, significant components, mounting systems, and invertors that are to be installed.

Property operation and maintenance plan. A property operation and maintenance plan is required, describing continuing photovoltaic maintenance and property upkeep, such as mowing, trimming, etc.

Decommissioning plan.

Site plans and building permit plans. Third-party review of submittal documents for site plan and building permit review shall be required at the time of initial reviews.

Construction. Third-party inspections of the installation of the system during construction shall be required by an inspector satisfactory to the Town Engineer.

Annual. Annual operation and maintenance inspections of the array by a third party acceptable to the Town Engineer shall be required.

A sketch of the lot or lots which will be used as the agricultural event venue on a location map (e.g., tax map) showing boundaries and dimensions of the lot or lots involved and identifying contiguous properties, roadways and any known easements or rights-of-way which burden or benefit the lot or lots. Additionally, the sketch must show the following:

A sketch of any proposed buildings, structures, tents, gazebos, barns or signs, including exterior dimensions and elevations of front, side and rear views of each. Include copies of any available blueprints, plans or drawings.

A description of the intended use and location of the existing and proposed buildings, structures, tents, gazebos, barns and signs, including information regarding the anticipated frequency and types of events and any anticipated changes in the existing topography and natural features of the lot or lots to accommodate the changes.

Provide the name and address of the applicant and all owners of the subject lot or lots. If the owners of the lot or lots are entities other than a natural person, please provide the names and addresses of the individual or individuals who are the owners or members of the entity.

Provide the name and address of any professional advisors assisting the applicant, including but not limited to authorized agents, attorneys and engineers. If the applicant is not the owner of the lot or lots, provide written authorization of the owner of the lot or lots.

Submit the application fee established by resolution of the Town Board.

Frequency. The maximum number of events permitted per calendar year at an agricultural event venue shall be determined by the Town Board based upon a review of site conditions at the agricultural event venue, including but not limited to lot size, the number and location of buildings and structures and parking facilities.

Life safety plan. The applicant shall abide by a life safety plan, which shall contain all safety information, plans, and specifications as deemed necessary by the Town Code Enforcement Officer and Fire Marshal.

Parking/driveways. The parking area shall be adequately screened from neighboring residences. No vehicles shall be permitted to park on accessways, driveways or roads. If the Town Board determines that the regulation of traffic on roads shall be necessary, such regulation shall only be done by law enforcement personnel. The cost of such traffic regulation shall fully be paid for by the agricultural event venue on a per event basis.

Number of attendees. The Town Fire Marshal shall determine the maximum number of attendees allowed at any agricultural event venue, taking into account the size and occupancy capacity of buildings and structures located in the event area, the proximity of the event area to adjoining residences, the size and location of parking facilities, the potential for noise or other disruptions to the neighborhood, and the safety of all persons.

Open space/historic building preservation. To the greatest extent practical, existing open space and unique natural areas, such as farmland, watercourses, wetlands, ponds, marshes, and steep slopes, should be preserved. Significant or historic buildings should be preserved and incorporated into the site plan wherever possible.

Noise/sound. All sources of amplified sound occurring as a result of the event, including but not limited to music, performances, and spoken words, shall conform to the specifications contained in the Town noise ordinance, as codified in Chapter 201 of the Town Code. The Town Board may specify any further restrictions, conditions, or mitigation measures it deems appropriate relating to the use of amplified sound in order to reduce noise from traveling beyond the event area.

Fireworks, firecrackers or other artificially generated loud noises are not permitted unless approved by the Town Board and a temporary permit is issued for the same.

Inspections. An agricultural event venue shall be subject to periodic site inspections by the Code Enforcement Officer to determine compliance with the terms of its special use permit and site plan as well as the provisions of the Town Code.

Special use permit review. Any special use permit issued to an agricultural event venue under this section shall be reviewed by the Town Code Enforcement Officer annually. In the event Town Code Enforcement Officer finds compliance violations or that operational conditions are negatively impacting public safety or the use and enjoyment of neighboring properties, or the permitholder gives notice of material additions or modifications to the operational conditions of the agricultural event venue to go in effect in the upcoming year, the Town Board shall hold a public hearing to review the continuation of the special use permit or any modifications thereof. Within 30 days of the conclusion of the public hearing, the Town Board shall issue a written determination which may amend or revoke the special use permit based upon the findings of its review. In the event that Town Code Enforcement Office finds there no compliance violations or operational conditions negatively impacting public safety or the use and enjoyment of neighboring properties, and the permitholder affirms that there will be no material additions or modifications to the operations of their agricultural event venue, then the special use permit shall be renewed.

Noncompliance. In the event of violations of the Town Code or the conditions of the special use permit, the Code Enforcement Officer is authorized to issue a stop order prohibiting further operation of the agricultural event venue if deemed necessary to preserve the health, safety, and welfare of the public.

Inconsistency. Whenever any sections of the Town Code are inconsistent with the express provisions of this section, the express provisions of this section shall govern, unless explicitly stated otherwise.

Hours of operation. The Town Board shall specify dates and hours during which events may occur.

Insurance. The owner of agricultural event venue shall maintain at all times comprehensive general liability insurance with limits of at least $1,000,000 per occurrence and $2,000,000 in the aggregate, with the Town and its officers and employees named as additional insureds on a primary and noncontributory basis. The owner shall annually and upon demand from the Code Enforcement Officer provide certificates of insurance evidencing the Town and its officers and employees have been named as additional insureds.

The requirements of this section shall not apply to the following:

Violations. A violation of this section on or after May 1, 2025, is hereby declared to be an offense subject to the penalties set forth in Macedon Town Code § 300-204.