Purpose. This article provides additional regulations for uses that are generally considered to have a higher potential for incompatibility with residential or low impact commercial uses without proper mitigation measures. The purpose of the regulations contained herein is to promote the health, safety, and general welfare of the public, while also protecting property values and the character of the immediate neighborhood and Town of Manchester community.

Intent. These regulations are intended to mitigate the potentially undesirable impacts of certain uses, which by reason of nature or manner of operation, are or may become hazardous, obnoxious, or offensive owing to excessive and undue increases in the production and presence of odors, dust, smoke, fumes, noise, vibrations, refuse matter, vehicular traffic, or human activity.

The following requirements are applicable to all uses, permitted (P) and specially permitted (SUP), as noted in the use tables of Parts 2 and 3 of this chapter.

Specially permitted uses must obtain a special use permit and site plan review approval as required by Article 62.

Permitted uses do not require a special use permit. However, permitted uses must obtain site plan review approval and conform to the additional use requirements of this article, where applicable.

Should the additional use regulations of this article conflict with other requirements of this chapter, the regulations contained herein shall take precedence.

No authorization for a special use permit or building permit shall be granted for any use listed in this section unless it is determined that the proposed use also meets the additional regulations required in this section.

Be clearly incidental and subordinate to the principal structure or use by height, area, extent, and purpose.

Not be located in any required front yard area.

Be in conformance with the height and setback restrictions of the applicable zoning district and shall not cause the rate of overall lot coverage to exceed the maximum rate permitted.

Be finished with materials and/or siding that is consistent and compatible with the existing character of the principal structure and surrounding residential neighborhood.

Maintain a separation of at least 10 feet from any dwelling unit and at least five feet from any other accessory structure, including accessory structures on an abutting lot.

Not obstruct, block, or force the enclosure of any structural opening (windows, doors, etc.), open porch, deck, or terrace, or required vehicular or pedestrian accessway.

May be built prior to the erection of a principal structure with Planning Board approval.

The total area of all accessory buildings on a lot shall not exceed 1,000 square feet and 800 square feet for a single accessory building.

There shall be no more than one accessory building in addition to a private garage.

Decks, patios, or terraces.

Carports and garages.

Enclosed storage structures, such as sheds.

Fences and walls subject to the provisions of § 325-40.18.

Fire escapes or other such structures intended to maintain the health, safety, and welfare of residents within the dwelling and the general public.

Ramps, lifts, or other such structures intended to provide an increased level of accessibility to the structure or use. Such structures shall not obstruct access to required parking.

Personal or home electric vehicle charging stations.

Radio and dish antennas limited to one meter or less in diameter.

Solar energy system, subject to the provisions of § 325-40.33.

Playgrounds or playhouses.

Private swimming pools, spas and hot tubs, subject to the provisions of § 325-40.29.

Noncommercial nurseries, gardens, or greenhouses.

Other uses and structures which the CEO[1] deems appropriate by virtue of similarity in nature, activity, and/or extent to those already listed.

Decks, patios, and terraces.

Detached garages.

Enclosed storage structures, such as sheds.

Fences or walls subject to the provisions of § 325-40.18.

Fire escapes or other such structures intended to maintain the health, safety, and welfare of residents within the dwelling and the general public.

Ramps, lifts, or other such structures intended to provide an increased level of accessibility to the structure or use. Such structures shall not obstruct access to required parking.

Off-street parking and loading areas, including electric vehicle charging stations, subject to the provisions of Article 51.

Radio and dish antennas limited to two meters or less in diameter.

Solar energy system, subject to the provisions of § 325-40.33.

Walkup service windows facing any public right-of-way when accessory to a permitted retail sales and service use. Pedestrian safety, access, and connectivity shall be addressed through site plan review.

Commercial vending machines in any commercial district, but not within the required setbacks. If located within 150 feet of a residential district the machine shall be screened from the residential district.

Plant nurseries, gardens, and greenhouses.

Other uses and structures which the CEO deems appropriate by virtue of similarity in nature, activity, and/or extent to those already listed.

Locations of existing and proposed structures.

Alignment of existing and/or proposed runways in exact location and magnetic bearing to the nearest 30 minutes.

Existing and proposed contours at five-foot intervals.

Location of aircraft parking and tie-down areas.

Provisions for vehicular access and off-street parking.

Provisions for sanitary waste disposal and water supply.

Location and method of fuel storage.

Distances, power lines, or other possible obstructions within 2,000 feet of the ends of runways.

Properties within 500 feet of all airport property lines and owners thereof identified.

All areas for the travel or storage of motor vehicles shall be paved, suitably graded and drained, and maintained in a neat and orderly manner.

Any such use shall be buffered from adjacent uses by no less than 10 feet. The buffer area shall minimally consist either of fencing, evergreen shrubbery, coniferous trees, or any combination thereof that prevents the unwanted transmission of headlight glare across the property line.

Sufficient screening shall be provided along all lot lines abutting or adjacent to residentially zoned or developed property to block any view of operations from all points on such residential property when viewed from ground level.

Perimeter landscaping shall be a minimum of 10 feet in width along the street frontage(s).

The retail sales of fuel at automotive service or repair shops shall not be permitted, unless an additional permit is obtained for a gasoline station in accordance with this chapter.

No outdoor storage of materials, merchandise, and equipment shall be permitted during non-business hours.

All such uses shall also comply with all applicable development standards as provided in Part 5 of this chapter.

The number of vehicles that can be accommodated on site for repair and storage is to be determined by the Planning Board;

Repair shops shall not be used for the storage, sale, rental or display of automobiles, trucks, trailers, mobile homes, boats, snowmobiles or other vehicles;

All maintenance, service, and repairs of motor vehicles shall be performed fully within an enclosed structure. No motor vehicle parts, partially dismantled motor vehicles, or unlicensed motor vehicles shall be stored outside of an enclosed structure for more than 48 hours; and

A spill prevention plan shall be provided.

In addition to the information required for site plan review, the plan shall also indicate the location, number, capacity, and type of fuel storage tanks, the number of pumps to be installed, and the depth to the tanks;

No gasoline station or automotive repair shop shall have an entrance or exit for vehicles within 200 feet, as measured along the public street, in which there exists an educational institution, public playground, religious institution, hospital or public library, and such access shall be not closer to any intersection than 125 feet.

Gas stations may include retail sales of food, convenience items, and minor automobile supplies or liquids provided that the sales of such items are within an enclosed structure and are an accessory use.

Gasoline stations shall be under the control of an attendant at all times during the hours of operation.

All oil drainage pits and hydraulic lifts shall be located within an enclosed structure and shall be located no closer than 50 feet to any property line.

Fuel pumps shall be located no closer than 30 feet from the public right-of-way or 50 feet from any other property lines.

All storage facilities for fuel, oil, gasoline or similar substances shall be underground and shall be at least 30 feet from any property line. Tanks shall be installed and maintained in accordance with all state and federal standards.

Tanks shall be located at least 500 feet from a place of public assembly as defined by the NYS Uniform Fire Prevention and Building Code.

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

The structures housing such facilities shall not be located closer than 100 feet to any public street and shall not be directly accessible from any public street, but shall be accessible only from a street within the camping ground.

No fence may be installed or constructed within the Town unless the CEO has issued a building permit. No permit for a fence shall be issued unless the proposed fence shall comply with the standards contained in this article.

Fence permit applications shall be accompanied by a certified lot or parcel survey map. Applications absent a survey shall be deemed incomplete and the fence may not be permitted or erected.

A sketch plan with accurate measurements setting forth the placement, length, and height of the fence, including distance from adjoining property is required. All gates and/or entrances shall be considered part of fence.

Fences installed as part of a permitted agricultural use.

Fences no more than three feet in height and no more than 50% opaque, which are erected within the required setback area for the purposes of enclosing a garden or other such feature.

All fences must be erected within the private property lines, and no fence, hedge, shrub or bush shall be erected as to encroach upon a public right-of-way or public sidewalk.

No fence shall be erected less than six inches from the property line.

All fences shall be constructed so that the finished side faces outward from the premises with the backers and/or support facing inward toward the property owner's side of the fence.

All fences shall be maintained in a safe, sound, and upright condition.

The use of motor vehicle, farm implements, parts, components, body parts, tires or trailers as a fence or support of a fence is prohibited.

Barbed wire, electricity, or similar materials or devices may not be used in conjunction with or as part of any fence. The provisions of this subsection shall not apply to fences on premises used exclusively for a permitted agricultural use as set forth in this chapter.

Fencing located in the front yard area shall not exceed four feet in height.

Fencing in the side or rear yard area shall not exceed six feet in height in residential districts or eight feet in height in all other districts, except where otherwise permitted by this chapter.

Fencing for kennels and for the purpose of enclosing farmland, horses, and/or livestock shall not exceed eight feet in height in any yard area.

Fencing used to enclose a tennis court or other recreational court may be permitted up to 10 feet in height, provided that such fencing is not less than 10 feet from the side and rear property lines.

The fence is needed to prevent entry into an area which could be hazardous to the health, safety or welfare of a person or persons.

The fence is needed to secure an area where materials and/or equipment is stored.

Where the general community interests or interests of national safety justify the need for such a fence.

An applicant, property owner, person or persons stripping, excavating, mining or otherwise removing topsoil, subsoil, gravel, stone or sand shall be required to obtain a special use permit prior to removal or excavation.

Each contractor, person or persons stripping, excavating, mining or otherwise removing topsoil, subsoil, gravel, or sand from the property of another shall be required to obtain a special use permit prior to any removal or excavation.

All special use permits shall denote the amount in yards of soil topsoil, subsoil, gravel, sand or stone to be removed and all dates, work hours, and duration of the removal operation.

No applicant, contractor, owner or person may exceed the removal amount specified in the original permit. The permit holder shall notify the Code Enforcement Officer each time the permitted removal limit is reached. The Code Enforcement Officer or permit holder may request the Planning Board to review and amend the application and permit and may require a current site plan. The Planning Board may approve with conditions or deny the amendment.

No soil is to be removed prior to the permit being amended. All amendments may be reviewed by the Planning Board or Town Engineer upon the request of the Code Enforcement Officer.

The applicant, upon receiving a special use permit from the Town of Manchester, grants to the Town of Manchester, its designees and/or Code Enforcement Officers, the right to enter upon properties for the purpose of site review in determining special use permit compliance and compliance with health, safety and welfare concerns, standards and/or requirements.

The Planning Board shall consider the following criteria in its review of the special use permit request:

Stripping, excavating or mining, or otherwise removing topsoil, subsoil, gravel, or sand for sale, shall be subject to a one-year special permit renewable upon review.

No special use permit for excavation operations shall be granted for a period of more than two years; but such permits may be renewable upon reapplication.

No person, firm or corporation shall strip, excavate, mine or otherwise remove topsoil or subsoil, gravel, sand or stone for sale or other use, other than on the premises from which taken, except in connection with the construction or alteration of a building on such premises and excavating or grading incidental thereto.

Mining and/or excavation operations from which topsoil, subsoil, gravel, stone or sand are sold will require a site plan. The site plan shall include an engineer's land area drawing and calculation for the measurement of the soil or substance to be removed. A survey shall be provided for the land area from which the removal shall occur. A special use permit may be granted by the Planning Board upon approval of site plans, calculations, restoration and berming plan.

The Code Enforcement Officer shall review site for noncompliance. The Code Enforcement Officer may issue a stop-work order for such noncompliance and may require review of the site by the Planning Board, Town Engineer and/or the New York State Environmental Conservation Department and all reasonable costs of such review shall be reimbursable to the Town of Manchester.

A special use permit shall be required for the development of a safety berm. A safety berm site plan shall be filed with and approved by the Planning Board prior to construction of any berm, except for a berm developed in accordance with an approved site plan.

A special use permit is required for removal of any berm or portion of a berm, except for approved site plan reclamation.

The safety berm shall be not less than 10 feet in height. The berm shall be maintained at the ten-foot height. The berm shall not be less than 100 feet from the public right-of-way or a property line for excavations or mining areas with a slope depth exceeding 10 feet. Side and rear setback from residential property shall be not less than 1,500 feet. The Planning Board may require in the case of health, safety and welfare issues a berm for less than ten-foot slope depth. The Code Enforcement Officer may order a temporary berm for emergencies, public protection or health, safety and welfare considerations pending review by the Planning Board which may approve the temporary berm or order removal. The berm shall be planted in total with vegetation to prevent soil erosion prior to the issuance of a special use permit.

The Code Enforcement Officer for the protection of environmental standards, general safety or site plan compliance shall be notified prior to the removal of any berm or reclamation. The Code Enforcement Officer may request a review by the Planning Board or Town Engineer prior to permitting or denying authorization to remove any portion of a berm or reclamation.

Excavation operations may be permitted as noted in the district use requirements of this chapter.

No site preparation or construction shall commence, nor shall existing structures be occupied, until final site plan approval has been granted by the Planning Board and permits have been issued by all governmental agencies involved.

The applicant shall furnish evidence of a valid permit from the New York State Department of Environmental Conservation pursuant to Title 27 of Article 23 of the Environmental Conservation Law, when applicable.

The minimum lot size for any such use shall be 10 acres.

All buildings and excavation operations shall be located or shall occur not less than 100 feet from any street or property line.

All equipment used for excavations and processing shall be constructed, maintained and operated in such a manner as to eliminate, as far as is practicable, noises, vibrations and dust conditions which are injurious or a nuisance to persons living in the vicinity.

All operations shall be conducted between the hours of 7:00 a.m. and 6:00 p.m., with no Sunday or holiday (New Year's Day, Fourth of July, Memorial Day, Labor Day, Thanksgiving Day and Christmas Day) operations and except in the case of public or private emergency or whenever any reasonable or necessary repairs to equipment are required to be made.

All land which has been excavated must be rehabilitated in accordance with reclamation plans approved by the Planning Board as part of the site development plan review and approval process within one year after the termination of operations, at the expense of the operator.

A performance bond or some other financial guaranty shall be required to ensure that the conditions stipulated in the approval of the special use permit are carried out.

Permitted residential home occupations include, but shall not be limited to, the following uses: lawyer, accountant, author, doctor, engineer, dentist, architect, consultant, realtor, insurance agent/broker, counselor, artist, photographer, teacher, tutor, beautician, barber, tailor, dressmaker, and repairperson.

Prohibited home occupations include those that would generate adverse impacts to or are incompatible with the existing character of a residential district. These uses include, but are not limited to, the following: ambulance services, animal care services, and motorized vehicle sales or repair.

The home occupation shall be owned and operated by the full-time resident(s) of the dwelling and shall operate wholly within the principal building or accessory structure.

Not more than two persons not residing in the household shall be employed in the home occupation. Additional individuals may be employed by or associated with the home occupation in so far as they do not report to work at the home occupation site.

The operation of a home occupation shall in no way change or alter the residential appearance or character of the premises or neighborhood in which it is located.

There shall be no exterior display or storage of materials, good, supplies, or equipment related to the operation of the home occupation.

No home occupation shall be conducted in such a manner as to produce noise, dust, vibration, glare, smoke, or smell, electrical, magnetic or other interference, fire hazard, or any other nuisance not typically found in a residential neighborhood.

Activity involving on-site retail sales is prohibited, except the sale of items that are incidental to a permitted home occupation.

Deliveries on streets within residential districts shall be permitted by two-axle vehicles only.

The quantity and type of solid waste and its disposal shall be the same as that of any other permitted residential use.

Permitted agricultural home occupations include, but shall not be limited to, the following uses: carpenter, electrician, welder, machine shop, equipment repairperson, or small engine repairperson. This may also include the storage of recreational, commercial, and other vehicles or property otherwise not owned by the home occupation operator.

The use shall be conducted on a lot with a minimum area of two acres.

The home occupation shall be owned and operated by the property owner and shall operate wholly within the structure.

The use shall be clearly secondary to the main agricultural use and shall not change the agricultural character of the farm.

There shall be no open storage of materials, goods, supplies, or equipment which are used for, or result from, the agricultural home occupation.

No use shall be noxious or offensive by reason of the hours of operation or the emission of; noise, electrical interference, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare, refuse or other objectionable emission.

Activity involving on-site retail sales is prohibited, except the sale of items that are incidental to a permitted home occupation.

No use shall create a safety hazard for the existing residential and agricultural activities on or adjacent to the property.

Suitable and adequate off-street parking shall be provided in accordance with the requirements established by the Town Planning Board.

Exterior lighting shall be permitted only to the extent necessary to prevent injury to the public and shall be so installed and arranged as to reflect light away from the adjoining streets and prevent any nuisance to adjoining property.

Exterior loudspeakers shall be prohibited on the premises so as to minimize potential nuisances to adjacent properties.

All dwelling units and structures shall comply with the standards set forth in the NYS Uniform Code. Said standards shall take precedence to this chapter should there be a conflict.

Driveways for ingress and egress shall be as required by the Planning Board.

There may be no less than two and no more than eight units in a single-, two-, or multiple-family attached dwelling group. The maximum length of attached structures shall not exceed 320 feet.

Distance between buildings.

Buildings shall not have large or long continuous wall or roof planes. Varied roof heights, projecting bays, gables, recesses, and porches shall be used to visually divide larger buildings to produce a scale that is visually compatible with the Town's distinctive aesthetic character. To prevent an out-of-scale, monolithic appearance, larger buildings shall be visually divided into smaller sections no longer than 50 feet in length by gaps, recesses, or other architectural devices in such a way that adjacent buildings and facades define a continuous street wall and the public realm of the street.

Multiple-family buildings shall be laid out so that entrances face the street. Garage entrance/exit doors are prohibited on the front facade of buildings.

Parking areas may be located in any yard other than the front yard, but no closer than 15 feet from any property line and shall comply with all other regulations of the district in which the use is located.

Multiple-family dwelling developments of 10 units or more shall provide a shared recreational area(s) at a standard of 500 square feet per unit. Each such recreation area shall be developed with recreation facilities, including the installation of appropriate playground or leisure equipment.

Stairways to upper floors shall be located inside the building.

All dwelling units and structures resulting from conversion shall comply with the standards set forth in the NYS Uniform Code. Said standards shall take precedence to this chapter should there be a conflict.

No dwelling unit conversion shall be permitted in a structure with less than 2,400 square feet of gross floor area.

No conversion shall be permitted which results in more than four dwelling units.

Any alterations made to the exterior of the building due to the unit conversion shall be completed in such a way to preserve the single-family residential character of said building.

No dwelling unit conversion shall be permitted unless the dwelling, following such conversion, comply with all off-street parking and loading regulations required by Article 51 of this chapter.

Conversion of existing buildings to decrease the number of dwelling units requires alterations or modifications to ensure the discontinued dwelling unit is permanently and fully integrated into a legal dwelling unit with unimpeded access throughout the legal unit.

The integration of a discontinued dwelling unit shall be further evidenced by the removal of those appurtenances that previously supported the discontinued dwelling unit and may include the removal of the kitchen (including appliances, cupboards, plumbing, utility connections, etc.) and utility meters, in excess of one meter per dwelling unit, except in the case of two or more dwelling units where an additional house meter may be permitted.

The sale or use of alcoholic beverages shall be prohibited.

Adequate toilet facilities for employees and customers shall be provided on site.

Operating hours shall be limited to the hours between 10:00 a.m. though 10:00 p.m. Sunday through Thursday and 10:00 a.m. through 11:00 p.m. on Friday and Saturday.

No person shall cause or permit the establishment of a go-cart track or similar vehicular track within 500 feet of any residentially zoned district or within 500 feet of any religious institution, educational institution, park, playground or existing go-cart track, similar vehicular track or miniature golf course. For the purposes of this section, measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the property used as a part of the premises for the track and/or course to the nearest property line of a residentially zoned district, religious institution or educational institution or to the nearest boundary of a park or playground;

A solid wall having a minimum height of six feet, incorporating noise-absorbing material on the inside, shall be placed on all sides of the facility that abut residentially occupied property. Noise levels shall be limited to 65 dB as measured 75 feet outside the wall. The remaining sides of the property shall be fenced in with a fence having a minimum height of four feet; and

Only operator-owned go-carts or other vehicles shall be allowed. No individually owned go-carts or other vehicles shall be allowed.

The display area shall not exceed 10% of the gross floor area of the principal structure;

The display area shall not block automobile traffic, private sidewalks, fire lanes, or other travel lanes;

Such displays shall be allowed adjacent to a principal building wall and extending to a distance no greater than 10 feet from the wall;

Such displays shall not be permitted to block windows, entrances or exits and shall not impair the ability of pedestrians to use the building; and

The items for display are for sale and said area is not used for storage purposes.

Outdoor storage shall not be allowed in the front yard.

Outdoor storage shall not occupy more than 10% of the entire lot size.

All outdoor storage shall be fully screened to ensure the area is not visible from the public right-of-way or adjacent residential districts or uses.

Screening shall be of sufficient height and density to completely hide storage from public view, including from streets and other public accessways.

All screening shall be maintained in such a manner as to present a neat and orderly appearance at all times.

Outdoor storage shall not be allowed in the front yard.

All outdoor storage shall be fully screened to ensure the area is not visible from the public right-of-way or adjacent residential districts or uses.

Screening shall be of sufficient height and density to completely hide storage from public view, including from streets and other public accessways.

All screening shall be maintained in such a manner as to present a neat and orderly appearance at all times.

Contractor material and equipment storage must be a minimum of 200 feet from a residential or open space district.

Ponds constructed as part of active agricultural operations are exempt from this section, provided such ponds are in compliance with the Soil Conservation Service of the United States Department of Agriculture, NYS Department of Agriculture and Markets, and the Department of Environmental Conservation, including obtaining any and all required permits.

Retention and detention ponds mandated and/or owned by the Town are exempt from this section.

Natural ponds left in their natural state are exempt from this section.

Decorative ponds on any residential property provided such pond meets all required setbacks for the district in which it is located.

Open water ponds shall be subject to site plan review and approval by the Planning Board.

Complete compliance with the Soil Conservation Service of the United States Department of Agriculture and the Department of Environmental Conservation and all required permits shall be received prior to site plan approval.

All ponds must be maintained so as to ensure that they do not become offensive to neighboring properties by reason of stagnation, algae, mosquito-breeding and similar conditions.

No pond can interfere with or impede the natural flow of water nor adversely impact any floodplain or wetland area.

Open water ponds shall be not less than 50 feet from all property boundaries and not less than 150 feet from any public right-of-way.

To protect adjacent properties the Planning Board may require a stormwater plan in accordance with Chapter 269, Stormwater Management; Erosion and Sediment Control, of the Code of the Town of Manchester.

Landscape buffering with plantings or fencing may be required.

Retention basins designed to allow runoff shall comply with the Town's site design and development criteria (Chapter 275, Subdivision of Land, and Town road specifications).

General regulations.

A plot plan indicating elevations with dimensions drawn to scale shall be submitted for approval. The plot plan shall also show:

Commercial pools, spas and hot tubs may be allowed in any district upon approval for a special use permit by the Planning Board.

General regulations.

Any artificial pool or structure intended for wading, bathing or swimming purposes that is so constructed as to be above grade and which has a ladder or steps in order to obtain access to said pool shall be subject to the requirements that whenever said pool is not attended by a person of suitable age, that the said steps or ladder to obtain access to said pool shall be removed, raised or screened so that a person may not gain access to said pool.

Any aboveground swimming pool whose structure is less than four feet in height must be safeguarded with a permanent protective fence, said fence to be installed so as to encompass the entire perimeter of the swimming pool. Said fence shall be structurally sound, durable and must be maintained in such condition. Said fence shall be a minimum of four feet but no more than six feet in height. All openings in said fence shall be so constructed as to prohibit the passage of a four-inch diameter sphere. The entrance gate or gates shall have a self-closing and self-latching device placed at a minimum of three feet six inches above the base of the fence.

Units shall only be placed in the driveway, or if access exists, at the side or rear of the lot. The unit may not be placed in the front yard.

Units may not be placed on lots with no principal building or residential unit.

Units shall be set back at least five feet from any lot line and five feet from any structure.

Approval from the Code Enforcement Office shall be required if the location of a unit meets either of these conditions:

Placement may not limit visibility of vehicles or pedestrians and must be in accordance with § 325-53.2, Visibility at intersections.

The name of the registrant to whom the enclosed temporary storage unit is supplied;

The registrant's property status: owner, renter, lessee, etc.;

The address at which the enclosed temporary storage unit will be placed;

The delivery date and removal date;

The active building permit number, if applicable;

A sketch depicting the location and the placement of the enclosed temporary storage unit on the lot; and

Signature of the parcel owner or other legal occupant with the written permission of the parcel owner.

Intent. The purpose of this section is to establish proper criteria for design, construction, screening and placement of wireless facilities, personal wireless services antennas, telecommunications towers, communication dishes, installation of communication devices, and towers while providing for the health, safety and welfare of residents and for the aesthetic character, Comprehensive Plan of the Town, with particular regard to scenic vista protection. The Town of Manchester recognizes wireless communications transmitting facilities and their intrusion of large or high structures of unusual shape or size, monolithically towering above standard-appearing homes and structures that can be aesthetically objectionable and disturbing to visual sensitivities, and that the usual impact of such installations create aesthetic problems making it appropriate to require special limitations as to the size, placement, design, color palette and structure.

Applicability of this section. Towers and telecommunications facilities shall hereafter be used, erected, moved, reconstructed, changed or altered only after the granting of a special use permit by the Town of Manchester Planning Board and in conformity with the provisions of this section. No existing structure shall be modified to serve as a telecommunications tower unless in conformity with this section.

Tower placement.

Exemptions. The following are exempted from the provisions of this section:

General requirements.

The minimum lot size shall be two acres.

Building permit for permitted use. Prior to the construction of any facility the applicant must make application for a building permit on forms prescribed by the CEO.

Applicants shall maintain said communications tower facilities in accordance with applicable federal, state and local fire and building, Federal Aviation Administration (FAA), and Federal Communications Commission (FCC) codes and requirements [e.g., Structural Standards for Steel Antenna Towers and Antenna Supporting Structures (ANSI/TIA/EIA-222-F) or equivalent].

No certificate of occupancy shall be issued until landscaping is planted as approved or until a satisfactory landscape bond is posted.

No additions or modifications shall be permitted when landscaping is not maintained, absent, or planted in accordance with original landscaping plan.

Essential emergency and fire services will be given access to obtain necessary space or service on the tower at no cost (other than installation and maintenance).

The point of illumination of any additional lighting shall not be visible off the premises. Towers shall not be artificially lighted unless required by the Federal Aviation Administration (FAA).

A communications tower, antennas, or accessory facilities shall not contain any signage except that identifying a health safety or general welfare message intended solely for the protection of the general public. The use of any portion of a telecommunication facility for signs for promotional or advertising purposes, including, but not limited to, company name, phone numbers, banners, streamers and balloons, is prohibited. The Planning Board may require installation of signage with safety information.

Accessory facilities shall maximize use of location, building materials, colors and textures designed to blend with the natural surroundings as approved by the Planning Board.

Towers shall be non-reflective a galvanized finish or painted gray above the surrounding tree line and painted gray, green or black below the surrounding tree lines, unless other standards are required by the FAA.

No installations shall be allowed on, over or upon an easement.

An applicant intending to co-locate with an existing tower shall be required to document intent from an existing tower owner to co-locate.

In the case of new towers, the applicant shall be required to submit a report demonstrating good faith efforts to secure co-location with existing towers as well as documenting capacity for future co-location for the proposed tower. Written request and responses for co-location shall be provided of all towers within the radius of 8,000 feet. Subsection A(3)(ii) shall apply.

The applicant must examine the feasibility of designing a proposed telecommunications tower to accommodate future demand for additional facilities. This requirement may be waived by the Planning Board, provided that the applicant demonstrates that future shared usage of the proposed facility is not feasible and an unnecessary burden based upon:

The location of property lines and easements.

The location of all structures on the site and all structures on any adjacent property within 100 feet of the property lines, including highways.

The location of all utility poles, above- and below-ground utility lines, trees or other natural or artificial structures.

The location, nature and extent of any proposed fencing, buffering, plantings or other screening measures.

Visual environmental assessment form ("visual EAF"), including a simulated photographic visualization of the site with particular attention to visibility from key viewpoints identified on the visual EAF. The Planning Board may require submittal of a more detailed visual analysis based on the results of the visual EAF.

Buildout plan.

Nonionizing Electromagnetic Radiation (NEMR). The applicant shall submit certification that NEMR emitted from the facility does not result in a ground level exposure at any point outside said facility which exceeds the lowest applicable exposure standards established by any regulatory institute (e.g., ANSI). The applicant shall submit certification of approval from the Federal Communications Commission to the Planning Board that the proposed facility meets with its approval.

All information prepared by the manufacturer of the antenna or tower, including, but not limited to, the following:

A landscaping plan shall be provided to the Planning Board, which may make further recommendations or may not approve the landscaping plan.

That the proposed addition or modification is necessary and appropriate or the full implementation and usage of the tower.

That the tower can structurally accommodate the additions or modifications.

That any additions or modifications will not interfere with existing or proposed telecommunication, radio or microwave signals.

That the visual effects of any additional equipment will not unduly or unreasonably interfere with or restrict the visual aesthetics of the surrounding neighborhood.

The applicant must demonstrate that the existing or approved towers cannot accommodate the telecommunications equipment planned for the proposed tower or location.

That the health, safety or general welfare of the public will not be otherwise impaired.

Area. No more than one tower shall be located on any lot for each permit applied for and granted. The tower is to be located on the lot no closer than 1.25 times the maximum potential designed height plus any extensions from any boundary line or structure. For the purposes of this section, the term "lot" shall be the required area to be leased, rented or contracted, and/or owned from the property owner by the tower applicant for the installation of a tower. The term "lot" shall not mean the property owner's plat as a whole.

Height.

Setbacks.

Visual effects of towers will be minimized through careful design, siting and vegetative screening and/or buffering. At least one row of deciduous trees not less than three inches in diameter measured, not less than six feet above grade, and spaced not more than 20 feet apart and within 25 feet of the site boundary shall be provided. Said deciduous trees shall be of the silver maple, red maple, thornless honey locust, linden, and green ash type. Within 40 feet of the boundary, at least one row of evergreen trees at least five feet in height above grade and spaced not more than 15 feet apart shall be provided. Evergreen trees shall be of the arborvitae type, i.e., American arborvitae (thuja occidentalis), Green Giant (thuja plicata). All trees shall be perpetually maintained in a healthy growing condition. Trees not maintaining a healthy growing condition shall be replaced with not less than a biannual transplanting or prior to renewal of special use permit. In case of poor soil conditions, planting may be required on soil berms to ensure plant survival, with the plant height being in addition to the height of the berm. This subsection shall apply to all applications.

Trees and grasses shall be maintained. The CEO shall review the planting of or replacement planting of vegetation, trees and other plants or bushes that have ceased to live or grow to determine replacement and/or status of plantings for towers as set down by site plan review.

The CEO may require a review of plantings by a professional landscaper, arborist, or engineer to determine status of plantings. All reasonable costs for review and determination shall be the expense of the property owner/applicant.

Landscaping of all fences is required.

Development of access or roadway shall not interfere with natural drainage. A drainage management plan shall be provided. The plan shall be certified by a New York State licensed engineer.

All telecommunications towers, accessory facilities and guy anchors, if applicable, shall be enclosed by a fence (i.e., chain link) not less than eight feet in height above ground level or otherwise sufficiently protected from trespassing and vandalism. Said fence shall be subject to final approval by the Planning Board.

The holder of the special use permit shall have delivered to the CEO a written estimate, from a company engaged in the installation and removal of communications towers, or of the cost of dismantling and removing the communications tower, and any attached structures or facilities, together with a letter of credit or other security in form acceptable to the Town Attorney in the amount not less than 125% of said estimated cost, which letter of credit or other security shall provide that said funds shall be made available to the Town for the removal of such tower and any attached structures or facilities upon the failure of the holder of the special use permit to comply with the provisions of this section.

Any applicant installing a telecommunications tower, antennas, and/or accessory facility within the Town of Manchester shall comply with the following: upon discontinuance of use for the purposed specified in the application or if the communication facility ceases operations for a period of 90 days, such tower, structures, or facilities shall be dismantled and removed from the site, and the applicant shall restore the site and shall incur all expenses therefor within 30 days of receipt of written notice from the Town Board and based upon the Town Board's declaration to the effect specified herein.

In the event of default the bond or undertaking shall be forfeited to the Town of Manchester, which will be entitled to maintain an action thereon. This section shall apply to the applicant, corporations, ownership, lease, application, and/or special use permits and/or any change of ownership, applicant, corporations, lease, application, and/or special use permit. The bond or undertaking shall be approved by the Town Board resolution, conditioned upon the recommendation of the CEO, Planning Board and Town Engineer. Exception: preexisting farm or residential windmills and/or farm applications.

Minimum of 10 contiguous acres shall be required. Additional land area or acreage may be required to meet the dimensional standards listed in this section and all applicable development standards, including the parking of and the operation of vehicles, including each tractor and/or trailer, or tractor trailer on site as set forth in site plan approval. A minimum of not less than 10 contiguous acres shall be required for site approval. All structures, expansions, increase in use, multiuse or development of previously or preexisting truck and multimodal transport terminals will require approval and recalculation of site dimension requirements.

A minimum area of 650 square feet of storage (or maneuvering).

"Multiuse" in a truck and multimodal transport terminal is defined as more than one use other than that proposed on original site plan. The minimum lot size required for this type of use shall be computed by adding 20,000 square feet for each use within the structure to the minimum lot size required.

There shall be a setback of 300 feet from the highway property line.

There shall be a required minimum setback of 1,500 feet from all residential hospital, school, recreational and, senior citizen housing or multiple-dwelling property lines. Where a truck and multimodal transport terminal abuts a travel center, a commercial, light industrial or industrial property, the setback shall be 300 feet from all property lines.

Open space required. There shall be no less than 35% of the total project site reserved as open space. These areas shall consist of seeding, planting, retention of tree cover or other landscaping and/or berming. The open space calculation shall include the retention pond or facility.

There shall be a single curb cut design with a ingress and egress as one entrance/exit throat. Stacking space on entrance/exit throats shall be not less than 150 feet.

Required exit sight distance shall be of 600 feet all directions along public highway.

Curb cuts and landscaped areas shall be designed to be easily maintained and protected by at least a six-inch nonmountable concrete or granite curbing.

Access roads, parking areas and travel areas shall be hard-surfaced and maintained, and all internal areas on which vehicles operate must be constructed and maintained free of holes and broken surface and shall prevent dust from being generated.

Access roads and vehicle travel surfaces shall be hard-surfaced or paved so as to prevent dust and blowing dirt and to prevent dirt, mud and debris from entering upon or into the public right-of-way.

The owner of property, or preexisting uses, parking lots, storage areas, access roads or properties in use shall be responsible for the maintenance of the premises in a manner not to create or maintain a hazardous condition and shall prevent dust, debris, fumes, or exhaust or other particles of dirt or ash from being blown or carried from the property creating a public nuisance. Said owner shall take all necessary and reasonable steps to protect the health, safety and welfare, to ensure and prevent that adjacent properties, or properties across highways and streets, or adjacent neighborhood properties, are protected from such nuisance.

The applicant shall be responsible for any engineering and/or attorney fees.

There shall be no on-site open storage of damaged or inoperable vehicles, trucks, tractor or trailers for more than 48 hours.

There shall be no outside storage of pallets or shipping products.

There shall be no outside storage of shipping goods, including goods to be shipped or picked up.

Docking and loading areas shall require a throat of 120 feet with a spacing on an eleven-foot six-inch center, sufficient to accommodate a thirty-foot exit and entrance turn from dock or parking area.

Enclosed vehicle servicing or storage.

Motor vehicle and/or truck (tractor) and/or trailer repair or service (including equipment washing), storage of self-propelled motor vehicle to include tractor (truck) or tractor (trailer) unit or units shall be conducted within an enclosed building. No repair work may be performed out of doors, except for gasoline dispensing units. Adding oil to motor vehicles, changing windshield wipers or other similar simple repairs normally performed in conjunction with the sale of gasoline is permitted.

Rubbish, tires, discarded motor vehicle parts and components and other waste materials may be temporarily stored in a completely fenced-in opaque enclosure adjacent to the service/repair garage. The area of such enclosure shall not exceed 200 square feet. There shall be no storage at any time of any of the above-mentioned items outside of such enclosure.

The storage facilities for tanks and/or drums, containers of new or waste oil, solvents, or chemicals, or oil products require coated concrete floors and dikes to retain accidental spills or leaks. A permanent roof to protect tanks or drums and to protect precipitation from entering dikes is required. Drums shall be sealed, and tanks or drums must be located away from floor drains and/or protected from entering parking lot drains or stormwater or sewage facilities.

The truck and multimodal transport terminal shall comply with all applicable rules and regulations concerning use, storage and disposal of petroleum products.

Floor drains must be connected to a holding tank or sanitary sewer equipped with an oil and grit separating tank.

Wastes collected in a holding tank must be disposed of through a licensed waste hauler.

Waste degreasing solvents must be stored in drums or holding tanks and disposed through a licensed waste hauler.

Waste oil must be stored in drums or tanks for disposal by a licensed waste hauler.

Property and its boundaries shall be maintained, free of trash, paper, plastic items, trash and debris.

Property site owner and/or his designee shall be responsible for maintaining a trash-free environment for the entire property, including the prevention of trash trespass upon the property of another.

Tier 1 solar energy collection system:

Tier 2 solar energy collection system:

Tier 3 solar energy collection system:

Tier 1 solar energy collection systems shall be NEC, IEC, UL and NYS building code compliant.

A single lot may have on it both a Tier 1 solar energy collection system and a Tier 2 solar energy collection system provided that both systems combined do not generate more electricity than a Tier 2 solar energy collection alone is permitted to generate.

The location of the solar energy collection system meets all applicable setback requirements of the zone in which they are located.

The height of the solar energy collection system and any mounts shall not exceed the height restrictions of the zone when oriented at maximum tilt.

The total surface area of all components of the solar energy collection system on the lot shall not exceed 4,000 square feet and, when combined with all other buildings and structures on the lot, shall not exceed 50% lot coverage.

A building permit has been obtained for the solar collectors.

The solar collectors are located in a side or rear yard.

Solar energy collection systems and other facilities shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties and roads.

Where site plan approval is required elsewhere in the regulations of the Town for a development or activity, the site plan review shall include review of the adequacy, location, arrangement, size, design, and general site compatibility of proposed solar collectors.

All solar energy collection installations must be performed in accordance with applicable electrical and building codes, the manufacturer's installation instructions, and industry standards, and prior to operation the electrical connections must be inspected and pass inspection by an appropriate electrical inspection person or agency, as determined by the Town. In addition, any connection to the public utility grid must be inspected and approved by the appropriate public utility.

When solar storage batteries are included as part of the solar collector system, they must be placed in a secure container or enclosure meeting the requirements of the New York State Building Code when in use and when no longer used shall be disposed of in accordance with the laws and regulations of Ontario County and other applicable laws and regulations.

If a solar collector ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the collector, mount and associated equipment and facilities no later than 90 days after the end of the twelve-month period.

Tier 2 solar projects shall be NEC, IEC, UL and NYS building code–compliant.

A single lot may have on it both a Tier 1 solar energy collection system and a Tier 2 solar energy collection system provided that both systems combined do not generate more electricity than a Tier 2 solar energy collection alone is permitted to generate.

NYS regulations govern who reviews and approves of these installations as follows:

A Tier 3 solar energy collection system shall be constructed pursuant to a site plan permit from the Town Planning Board and must meet the criteria set forth below and obtain all other necessary approvals.

Areas of potential sensitivity:

A special use permit may be granted for a Tier 3 solar energy collection system only if the Planning Board has granted final site plan approval for such system, subject to the following terms and conditions:

Height and setback restrictions.

Removal of trees and other existing vegetation should be minimized or offset with planting elsewhere on the property.

Roadways within the site shall not be constructed of impervious materials and shall be designed to minimize the extent of roadways constructed and soil compaction.

All on-site utility and transmission lines shall, to the extent feasible, be placed underground.

Solar collectors and other facilities shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties and roads.

All mechanical equipment, including any structure for batteries or storage cells and all fencing shall comply to NEC Code at a minimum, or additional requirements according to the Planning Board and shall be maintained for the life of the project. Note: § 325-40.18, Fences, does not apply.

A Tier 3 solar energy collection system to be connected to the utility grid shall provide a "proof of concept" letter from the utility company acknowledging the Tier 3 solar energy collection system will be connected to the utility grid in order to sell electricity to the public utility.

Projects must be NEC, UL and NYS building code–compliant approved.

All drawings and site plans must be stamped by NYS Licensed Professional Engineer.

The applicant for a Tier 3 solar energy collection system shall provide as part of any site plan application a site operations and maintenance plan that ensures continued adequacy of landscaping, erosion control and other conditions of approval.

A landscaped buffer shall be provided around all equipment and solar collectors to provide screening from adjacent residential properties and roads and shall be maintained for the life of the project.

Signs.

Abandonment.

Decommissioning plan and surety.