Sand Lake City Zoning Code
ARTICLE VI
Supplemental Regulations
§ 250-33 Accessory agriculture uses, personal.
A.
The minimum lot size for the keeping of animals and fowl as part of a personal accessory agriculture use shall be one acre in the HMU and HC Districts.
B.
The keeping of not more than one adult or fully grown horse, cow, beef cattle, sheep, goat or other four-legged domestic-type farm animal or combinations thereof per acre of land shall be permitted.
C.
In all instances, all animals shall be adequately housed, fenced and otherwise maintained in a sanitary and safe manner so as, on the finding of the Code Enforcement Officer, not to create a nuisance, health or safety hazard to nearby property, property owners, or inhabitants of the neighborhood or the animals themselves.
§ 250-34 Accessory buildings, structures and dwellings.
A.
Accessory dwellings and structures larger than 900 square feet of gross floor area which are associated with nonagricultural uses are subject to site plan review.
B.
Accessory buildings and structures are subject to the following setbacks:
(1)
Front yard setback: the same as for the principal building, except that lots which abut the shoreline of a lake as delineated in the Scenic Preservation Overlay and consider the lakeside or rear yard the front yard may have a front yard setback of 10 feet for accessory buildings.
(2)
Side setback: five feet from side property lines.
(3)
Rear setback: 10 feet from rear property lines.
(4)
Corner lot side yard: on the side fronting a public right-of-way the setback shall be the same as the front yard setback for the principal building except that properties that abut the shoreline of a lake as delineated in the Scenic Preservation Overlay may designate one side fronting a public right-of-way the front yard for purposes of locating accessory uses in the front yard as provided in Subsection B(1) above.
C.
No accessory building shall be closer to a principal or other accessory building than 10 feet.
D.
No accessory structure shall be located between the principal building line and the street, unless said accessory structure is located more than 200 feet from the public right-of-way.
F.
The following shall apply to accessory dwelling units:
(1)
For site plan review of accessory dwelling units, the applicant shall provide evidence of the adequacy of wastewater treatment for the unit.
(2)
Accessory dwelling units shall be a maximum of 800 square feet.
(3)
The owner(s) of the lot upon which the accessory dwelling unit is located shall reside within the principal or accessory dwelling unit.
(4)
A homeowner of a lawful single-family use shall be permitted one accessory dwelling unit.
(5)
An accessory dwelling unit may be located either in the principal building or in an accessory building.
§ 250-35 Amateur radio towers.
A.
Purpose and intent. The purpose of this section is to meet the requirements of the Federal Communications Commission Order dated September 16, 1985, known as "PRB-1," and any regulation related to amateur radio service adopted under 47 CFR Part 97 and to establish regulations for the siting of amateur radio communications towers which protect the public against adverse impacts on aesthetic resources, assure public safety and welfare, minimize visual impacts through proper design, siting and screening, and avoid potential physical damage to adjacent properties.
B.
Applicability. This section shall apply to all newly placed amateur radio towers. Preexisting amateur radio towers are exempt from the provisions of this section.
C.
Location of towers. Amateur radio towers may be located in any zoning district.
D.
Site plan review. Siting of amateur radio is subject to site plan review.
(1)
Application requirements. Applications for a building permit for an amateur radio tower shall provide the following information:
(a)
A scaled plan or drawing of the proposed tower, with design data and documentation that the tower meets or exceeds applicable federal and state specifications.
(b)
A sketch showing the lot or parcel and its dimensions, and all structural improvements thereon, on which the tower is to be located and showing the location of all structures on the lot or parcel, and the location of the proposed tower.
(c)
Proof that the applicant holds a valid Federal Communications Commission (FCC) amateur radio station license.
(d)
A statement that the FCC requirements for radio frequency (RF) exposure limitations have been calculated for the station and proposed antenna system and meet the FCC RF exposure requirements. A copy of the calculations should be included in the application.
(e)
A statement of the communications interests of the applicant and corresponding antenna design goals required to meet these interests.
(f)
A statement that the station antenna system design described in the application has been optimized for the communications goals set forth in the application.
(g)
Proof of insurance specifically covering the proposed tower.
(h)
If the FCC license holder and operator is not the property owner, the property owner must also sign the application.
(2)
Design and site development standards.
(a)
The structural design of the proposed tower shall meet accepted engineering standards, including wind-load requirements.
(b)
The proposed tower shall be erected only in a rear or side yard.
(c)
The proposed tower, including all masts and antennas, shall not exceed a height of 70 feet above the ground and in no event shall be closer in horizontal distance than 1.25 the height of the tower to a principal dwelling or structure used for human habitation on any adjacent or neighboring property.
(d)
No part of the proposed tower, including stays and guy or supporting wires, shall be in violation of applicable district setbacks.
(e)
If the base of a ground-based tower is visible from any public right-of-way or from adjacent property, then reasonable screening of the base may be required so long as such screening will not interfere with the reception or the transmission of signals.
(f)
Towers shall not be located on drainage easements, public utility easements or in any reserved open space.
(g)
Type and use of trees, shrubbery and other landscape elements for aesthetic, screening or buffering purposes and the relationship with existing trees and vegetation shall be designed to protect the aesthetic appearance of the neighborhood.
E.
An amateur radio tower shall be removed by the facility owner within six months of the date it ceases to be operational or if the facility falls into disrepair.
§ 250-36 Automobile repair.
For all overnight storage parking associated with automobile repair uses, vegetative or architectural screening shall be provided to screen the parking from the public right-of-way and/or neighboring residential uses.
§ 250-37 Boat storage, commercial.
Commercial boat storage uses shall be conducted indoors or screened from the view of the public right-of-way.
§ 250-38 Carports, temporary and portable shelters.
§ 250-39 Car washes.
A.
In addition to meeting the minimum yard and lot coverage requirements, car washes shall not be closer than 200 feet to a residential district.
B.
In addition to meeting the off-street parking requirements of the Off-Street Parking Table, four stacking spaces per bay shall be provided on the lot.
C.
As part of site plan approval for car washes, evidence of an adequate long-term source of public or private water shall be submitted to show that water usage will not affect surrounding properties.
§ 250-40 Contractor's business and storage yards.
A.
Contracting businesses which have an associated accessory contractor's storage yard shall have a minimum lot size of five acres and shall meet all other requirements of the Dimensional Table of this chapter.[1] Contracting businesses with no storage yard shall meet the requirements of the Dimensional Table of this chapter.
B.
Contractor's storage yards are an accessory use and shall be associated with a primary use on the same parcel.
C.
Storage yards, equipment and vehicles shall not be located within 100 feet of any property line.
D.
Storage yards, equipment and vehicles related to the contractor's business shall be screened from adjacent properties and the public right-of-way.
§ 250-41 Drive-through window facilities.
A.
Due to potential impacts on traffic volume, vehicular and pedestrian circulation, and the environment, the additional standards of this section are required for the permitting of drive-through windows.
B.
General design standards. All the following must be provided for the primary use to be granted a building permit for a drive-through window:
(1)
All lighting on the exterior of the building shall be of an indirect nature, emanating only from fixtures located under canopies or hoods, under eaves of buildings and at ground level in the landscaping. Freestanding pole lights shall not exceed a maximum height of 14 feet and shall be so arranged and shielded that there shall be no glare or reflection onto adjacent properties or public rights-of-way.
(2)
Signs should be placed and waiting lanes should be designed so that waiting cars do not block sidewalks or public streets.
(3)
Landscaping, waiting-lane devices, and overall design should not prevent vehicles from safely and efficiently leaving waiting lanes.
(4)
Traffic circulation.
(a)
A traffic study addressing both on-site and off-site traffic and circulation impacts shall be required.
(b)
Pedestrians must be able to enter the establishment from the parking lot or sidewalk without crossing the waiting or exit lanes.
(c)
Waiting lanes shall accommodate the following number of cars to be in a queue or stacked based on the use:
[1]
Fast-food restaurants and coffee shops: sufficient to accommodate a minimum queue of 10 vehicles.
[2]
All other drive-through windows with a single lane: sufficient to accommodate a minimum queue of six vehicles.
[3]
Drive-through banks with more than one lane: sufficient to accommodate a minimum queue of four vehicles.
(d)
Waiting lanes shall be designed for the maximum length possible, allowing 20 feet per vehicle.
(e)
The waiting lane shall be independent of any on-site parking, parking maneuvering areas, public streets, or traffic ways serving other on- and/or off-site uses.
C.
Site plan requirements. In addition to the general requirements for site plan review, drive-through window site plans must also include the following features:
§ 250-42 Driveways.
A.
Intent. The intent of these regulations is to promote access to lots in such a manner as to allow for the protection of the health, safety, and welfare of the residents.
B.
All newly constructed driveways require the completion of a Driveway Application and approval from the Building Department.
C.
For residential uses, driveways shall be set back a minimum of five feet from the side lot line.
D.
Maximum slope. The maximum slope for driveways shall be 10%.
§ 250-43 Equestrian facilities, commercial.
§ 250-44 Extraction (mining), private activities related to site preparation.
A.
Applicability. A construction exemption must be obtained from the New York Department of Environmental Conservation (NYS DEC) for all activities relating to site preparation that involve removal of over 750 tons of material per year, and the following requirements shall apply:
(1)
Clear-cutting over one acre of land within a five-year period per parcel without prior Planning Board approval shall be prohibited, and shall preclude one from applying for this process.
(2)
In addition to providing the data required of a plat subdivision per the subdivision regulations of Chapter 225, Article VI, a site plan shall be provided that includes all existing and proposed grades, stockpile, equipment storage areas, haul roads, and other information that the Board finds prudent. A detailed Engineer's Report with sequencing narrative shall also be prepared before an application can be entertained.
(3)
Proper erosion and sediment controls shall be kept and maintained in place continuously until stabilization is achieved per requirements contained in the Stormwater Pollution Prevention Plan (SWPPP).
(4)
Removals shall take place during weekdays only from 7:30 a.m. to 5:00 p.m. excluding the following holidays: Christmas, New Year's Day, Thanksgiving, Independence Day, Memorial Day and Labor Day.
(5)
On-site gravel and overburden will be utilized for all on-site construction first, with excess material only being removed from the site.
(6)
Vehicular traffic should be limited to confined areas to avoid over-compaction of potential recharge areas. Portions of these confined areas, which are not directly beneath proposed buildings and/or driveways, shall be adequately scarified to promote recharge. When reclaiming and/or landscaping disturbed areas, only permeable soils shall be utilized. Preventive measures must also be taken, per the SWPPP, to prevent the migration of fine-grained materials during and after construction, into the recharge areas. It is recommended that revegetation occur soon after removal and grading in an ongoing and concurrent manner, especially if the areas in question are not planned to be reclaimed by construction in the very near future.
(7)
No on-site screening or crushing of materials shall be allowed without express written authorization by the Planning Board. A detailed site plan showing the locations and specifications of any such proposed equipment shall be submitted to the Board in advance of considering same.
(8)
The Planning Board may impose such conditions as they deem as prudent and reasonable in order to protect the general welfare of the community and quality of project proposed. The Planning Board may also retain a landscape architect, professional engineer or other specialists at the applicant's expense to assist in reviewing and monitoring such projects.
(9)
A surety bond may be required by the Planning Board to adequately cover the cost of reclamation, to remedy violations, and/or to repair damage caused to local roads.
(10)
Topsoil sufficient for reclamation shall be stored in an approved area on premises.
(11)
No on-site burial of any materials shall be allowed.
(12)
The processing of any materials (if so approved) shall be limited to products produced on the premises.
(13)
Approvals may be withdrawn if any conditions of same are violated after 30 days' written notice. Continuance of work after approvals are withdrawn shall be a violation of Town Law.
§ 250-45 Extraction (mining), commercial.
A.
Setbacks. The minimum setback for all commercial excavation activities shall be 200 feet from the property line unless the immediately adjacent property is part of an existing Natural Resource Extraction Overlay.
B.
The Planning Board may impose conditions related to the following as part of site plan review for commercial extraction activities:
(1)
Ingress and egress to public thoroughfares controlled by the Town of Sand Lake;
(2)
Routing of mineral transport vehicles on roads controlled by the Town of Sand Lake;
(3)
Requirements and conditions as specified in the permit issued by the New York State Department of Environmental Conservation under this title concerning setback from property boundaries and public thoroughfare rights-of-way, natural or man-made barriers to restrict access, if required, dust control and hours of operation, when such requirements and conditions are established pursuant to Subdivision 3 of § 23-2711 of New York Environmental Law; and
(4)
Enforcement of reclamation requirements contained in mined land reclamation permits issued by New York State.
§ 250-46 Hamlet design guidelines.
A.
Applicability. The hamlet design guidelines are applicable to projects requiring site plan review located within the HMU and HC Zones. (See § 250-88 for activities exempt from site plan review.) The Planning Board shall ensure that these guidelines are applied wherever practicable during site plan review.
B.
Purpose. The purpose of the hamlet design guidelines is to:
C.
Site design guidelines.
(1)
Buildings should be located so as to contribute to an attractive, safe streetscape, using the "Main Street" development patterns traditionally found in hamlets throughout upstate New York. A successfully planned site will accommodate automobile and pedestrian traffic equally, with a visual focus on architecture and landscaping rather than parking.
(2)
The primary structures should be located as near as feasible (if not directly adjacent) to the rear edge of the sidewalk along the street, taking into consideration required setbacks, emergency vehicle access, and vehicular sight lines (Figure 1).
(3)
No parking shall be located between the building and the street (Figure 1).
(a)
The area between the street and the building should be dedicated to pedestrian facilities, not vehicular areas. This may include, but not be limited to, landscape plantings, pedestrian facilities, outdoor seating, outdoor retail areas, or similar public space.
(b)
Buildings can be located to accommodate some parking on the side. No more than 50% of the total parking should be located in the side yard. See § 250-46D(8) regarding visual buffers between side yard parking and the street.
 Figure 1 |
D.
Vehicle circulation. The goal of these guidelines relative to vehicle circulation is to promote safety for both motorists and pedestrians within parking areas, as well as reduce the need to re-enter the street when traveling between adjacent lots.
(1)
Adjacent parking lots should be connected when feasible to minimize the number of curb cuts on the street. Shared access to parking lots between businesses is encouraged. Where no development is planned in the adjacent lot, the site plan should indicate a potential connection (Figure 1).
(2)
Parking lots shall be clearly demarcated with striping and/or curbs. Avoid large expanses of unmarked pavement; paved areas should be clearly delineated as parking areas, travel lanes, loading areas, or pedestrian walkways (Figure 1).
(3)
No more than two parking lot access drives should be located along the road frontage per lot.
(4)
The design and layout of access drives must conform to NYS DOT regulations for entrance/exit drives located on state highways. The Planning Board may require existing nonconforming entrance/exits to be brought into compliance with current DOT regulations (Figure 1).
(5)
The sidewalk shall continue uninterrupted across driveways with minimal surface grade change (Figure 1).
(6)
Handicapped accessible parking shall conform to the most recent ADA guidelines for design, dimensions, and layout. Notwithstanding the ADA requirements:
(a)
Handicapped-accessible entrances shall not be located in loading or service entrances.
(b)
No less than two handicapped-accessible spaces should be provided for all new parking areas, regardless of the total number of spaces provided in the parking lot.
(c)
Handicapped-accessible parking spaces should be located no more than 40 linear feet from a public entrance to the structure for all new construction.
(7)
Travel lanes in parking areas should be designed with appropriate dimensions and sight lines to promote vehicular safety.
(8)
Both internal and peripheral landscape plantings shall be included in parking lots.
(a)
Parking lots should have a total of 10% landscaped area within the interior of the lot (Figure 1).
(b)
Landscape islands which contain plant material that are completely surrounded by pavement should have no dimensions less than nine feet.
(c)
Parking lots located in side yards shall be buffered from sidewalks, when feasible, with landscaping and/or fencing, or a combination of both.
[1]
This buffer should be maintained at a height of two feet to four feet, and should be no less than five feet wide for buffers containing landscape plantings (Figure 1).
E.
Pedestrian amenities. An important feature of traditional hamlets is the inclusion of safe, attractive pedestrian amenities, both along the street and within commercial lots.
(1)
The site layout shall include logical connections between public sidewalks, building entrances, and parking areas. The need to walk in vehicle-oriented areas, such as travel lanes in parking lots, entrance drives, and loading areas, should be minimized or eliminated.
(2)
Pedestrian routes that pass-through vehicle areas shall be striped as a crosswalk or the internal walkway material should be continued flush with the parking area. The use of pedestrian crossing signs within parking lots is encouraged.
(3)
Where possible, a four-foot-wide (minimum) grass strip between the sidewalk and street should be included to buffer pedestrians from traffic. Shade trees should be planted in this strip. If the inclusion of this grass strip is not feasible due to the roadway configuration, street trees should be planted within the front yard setback for the lot (Figure 2).
 Figure 2 |
(4)
Walkways should be a minimum of five feet wide and shall be compliant with the most recent ADA guidelines for design, material and layout.
(5)
The preferred walkway surface material is concrete paving or unit pavers.
F.
Lighting. The goal of these guidelines is to encourage the use of attractive, appropriately scaled lighting which does not contribute to light pollution within the hamlet.
(1)
Light poles in parking areas shall not exceed 14 feet or the height of the primary structure, whichever is less (Figure 3).
 Figure 3 |
(3)
Building-mounted lighting should enhance the architecture and signage.
(4)
To minimize off-site, upward light spillage, cut-off style luminaries shall be used as a minimum.
(5)
The minimum light level necessary to promote safety should be used.
(6)
Avoid using high-pressure sodium lamps as a light source.
G.
Landscape plantings. The purpose of the following guidelines is to require the use of healthy, attractive landscape plantings which will contribute to the character of the hamlet. Landscaping plans submitted for site plan review should take into account the following guidelines:
(1)
Landscaping should be integrated with site features such as architecture, parking, and stormwater management areas on the property.
(2)
Plant material should be compatible with the site and the intended design. Take into account factors such as mature plant size, soil conditions, climate, vegetation purpose, location of overhead and underground utilities, and local diseases and insects.
(3)
Adequate soil rooting volume shall be provided for the chosen vegetation in areas to be planted. Include plant installation details with the landscaping plan required for site plan review.
(4)
Use landscaping along building facades to soften architecture, especially along portions of buildings without ground-floor display windows, such as side and rear elevations. Locate street trees so that they do not block views of important elements of commercial facades, such as signs, entrances, or windows.
(5)
For plant materials in vehicular areas, such as parking lots, plant material shall maintain the sight lines necessary for safe circulation. Maintain a zone of clear visibility between three feet to eight feet vertically from the ground.
(6)
A minimum branch height of eight feet shall be maintained from all trees located along walkways, sidewalks, and streets to promote pedestrian safety.
(7)
All measures shall be taken to save/relocate and preserve existing trees.
(8)
A landscape maintenance agreement must be approved by the Planning Board and filed with the Town Clerk.
H.
Utilities. Although the provision of outdoor utilities and trash storage is a necessary part of many commercial operations, these features should not detract from the appearance of the hamlet or the project site.
(1)
Utilities, dumpsters, or loading areas shall not be visible from the public right-of-way.
(2)
Roof- or building-mounted utilities shall be screened with parapets or architectural elements.
(3)
Ground-mounted utilities and dumpsters shall be screened with solid fencing and/or landscaping consistent with the architectural style of the structure. The use of enclosed structures for trash storage that complements the project architecture is encouraged.
(4)
Dumpsters should not be located within 20 feet of any property lines.
I.
Architectural guidelines.
(1)
Intent. The intent of the following guidelines is to insure that building renovation and new construction preserve and reinforce the architectural character of the hamlets. Trademark or chain architecture which identifies an establishment by building design features may have a negative impact on the community. The first priority of new construction and renovations should be quality architecture; designs shall not detract from the character of the hamlet. The guidelines which follow apply to both the renovation of existing historic building stock as well as new construction.
(2)
Guidelines for renovations. When previously residential structures are converted to a primary commercial use, the renovation shall retain the residential appearance of the structure. Elements such as windows, entrances, awnings, signage, and materials should reflect the former residential character of the building (Figure 4).
 Figure 4 |
(3)
Guidelines for new structures.
(a)
Style and character. The architectural design of new structures shall complement the character of the hamlet. There are several historic architectural styles located within the hamlet, including Colonial, Greek Revival, and Victorian. In particular, architects should consider the scale, height, rooflines, and material traditionally used in these styles when designing new buildings, since they fit comfortably within the hamlet context. Historically, hamlets have been home to residential, commercial, and civic uses. The design of the structure should promote a pedestrian friendly, visually appealing environment.
(b)
Facades. Facades should be articulated to reduce building scale, and provide visual interest that is consistent with the hamlet character, including smaller buildings, set close to the street whenever possible. Further, these standards should be integral parts of the building fabric, and not superficially applied trim, graphics, paint, etc.
[1]
The focal point of commercial ground-floor facades which face public streets or parking areas should be display windows. Other features, such as porches/arcades, entry areas, and landscaping, may supplement the visual interest for these facades.
[2]
Ground-floor windows should promote building transparency. The use of untinted glass is encouraged.
[3]
The design and materials of those elevations of the building not facing public streets or parking areas shall be compatible with the primary facade(s). Where the use of display windows, arcades, entry areas, or other such features as used on the primary elevations is not feasible, vegetation should be used to provide visual interest along the facade.
[4]
All structures with more than one story should feature windows on the second floor, as appropriate to the architectural style of the building.
[5]
Entrances. Each principal building on a site should have clearly defined, highly visible customer entrances featuring elements such as, but not limited to: outdoor patios; raised cornice parapets over the door; recesses/projections; peaked roof forms; arcades, canopies or porticoes; arches, display windows; architectural details such as tile work and moldings which are integrated into the building structure and design; and integral planters or wing walls that incorporate landscaped areas.
(c)
Signs. Notwithstanding the regulations of § 250-61, signs should take into account the following guidelines:
[1]
Signs should complement the building facade and/or site design.
[2]
Wall signs should reflect the color scheme and materials of the building, rather than predetermined business colors.
[3]
Monument and pole-mounted signs should relate to the building materials and style of the primary structure.
[4]
Signs for multiple businesses should be located on a shared pole or monument sign.
[5]
The proportion of wall-mounted signs should relate to the building facade; avoid simply using the largest sign allowed under zoning.
[6]
The use of simple signs with a limited color palette is encouraged.
[7]
Internally lit signs are discouraged. Externally lit signs should not cause glare or upward light spillage.
[8]
The use of individually lettered signs installed directly on the building face is encouraged.
(d)
Awnings. Awnings can provide visual interest and added function to a building. Awnings extend business space past the front door and over the sidewalk. This covered area is appropriate to display outdoor merchandise or set up cafe tables.
[1]
Awnings should be associated with windows and entrance areas, and should not be located on blank building facades.
[2]
Awnings should be made of fabric. Rigid plastic or metal awnings are discouraged. Consider using retractable awnings.
[3]
Cloth awnings may utilize accent lighting such as lanterns, small string lights, or up lights, provided that the lights are located within the awning. This lighting should be for accent purposes only and not create glare on the facade or street.
[4]
Colors should be consistent with the building facade.
[5]
Awnings should be functional and project an adequate distance away from the building to provide pedestrians with protection from the elements.
[6]
Awnings are another opportunity for sign placement.
[7]
Awnings must be maintained to preserve the look of the building.
(e)
Finish materials. Relate the material choice to the intended style of the building.
[1]
The colors of the building should be consistent with the architectural style and materials used, rather than predetermined business colors.
[2]
Preferred materials are durable, have aesthetic appeal, and are associated with higher-quality architecture, including:
[a]
Brick, stone, glass, wood siding and trim, concrete clapboard siding, concrete masonry units with a finished surface.
[b]
Materials to avoid or limit in use should be contained to areas unlikely to receive up-close scrutiny, such as upper floors or facades not visible from the public right-of-way. These include vinyl/aluminum siding, synthetic stucco or exterior insulation and finish systems (EIFS), plain (unfinished) concrete masonry units.
§ 250-47 Home-based businesses.
A.
A home-based business may be operated in a residential district only if it complies with the following conditions. All home-based businesses shall:
(1)
Be conducted by a resident of the lot;
(2)
Be compatible with the other uses allowed in the zoning district;
(3)
Maintain the character of the neighborhood;
(4)
Ensure the peace, privacy, quiet, and dignity of the area;
(5)
Avoid excessive noise, traffic, nuisance, fire hazard, and other adverse effects of business uses; and
(6)
Be conducted within the residence of the property owner or within the accessory buildings, and may include conducting of business off-premises in such a way as to be clearly subordinate to a primary residential use.
C.
Home-Based Business II.
(1)
Outdoor storage or work area shall not be located within 100 feet of any property line and shall be screened from view of neighboring properties and the public right-of-way.
(2)
No more than two nonresident employees shall be allowed.
(3)
No more than three home-based business-related vehicles and trailers used for the operation of the home-based business shall be permitted to be parked on the lot.
(4)
Off-street parking shall be provided in the side or rear yard. Such off-street parking shall be located at least 25 feet from any side or rear property line, shall be screened or fenced so as to not be visible from adjacent properties and shall be so lighted that there will be no direct light into adjacent properties or streets.
D.
Number. No dwelling shall include more than one home-based business.
§ 250-48 Kennels.
A.
Minimum lot size. Kennels shall have a minimum lot size of five acres in all zones.
B.
Performance criteria. Adequate landscaping and/or fencing shall be provided to create a visual, sound, and odor buffer between such facility and adjacent properties.
C.
Setbacks. All kennels with outdoor exercise pens or kennels shall be located no closer than 300 feet to any adjoining property line.
§ 250-49 Lighting.
A.
General. No lights shall be installed, located, or aimed so as to cause a danger or hazard to public safety or nuisance.
B.
Spotlights shall be aimed and/or shielded to reduce glare and prevent light trespass on to neighboring properties, the public right-of-way, and water bodies.
C.
Light levels at property lines shall not exceed 0.2 footcandle.
D.
For commercial uses and structures, no light shall be emitted from the source in an upward direction. All lights shall conform to the standards for cutoff fixtures, as set by the Illuminating Engineering Society of North America (IESNA).
§ 250-50 Multifamily dwellings.
A.
Multifamily dwellings which are converted from existing single-family residences in any zone shall maintain the outward appearance of a single-family residence.
B.
Multifamily dwellings which are new construction in the Commercial Reuse Overlay Zone shall meet the following requirements:
C.
Multifamily dwellings with individual septic systems shall have 10,000 square feet added to the minimum lot size for each additional unit over one dwelling unit.
D.
Multifamily dwellings with public or community sewerage and water supply shall have 5,000 square feet added to the minimum lot size for each additional unit over one dwelling unit.
E.
The minimum lot size for multifamily dwellings with three dwelling units or more shall be:
(1)
One acre in the HMU and HC Zones.
F.
In the CR Overlay, multifamily dwellings with three dwelling units or more shall not exceed a density of four dwelling units per acre.
§ 250-51 Mobile home courts.
§ 250-52 Nurseries.
§ 250-53 Off-street parking and loading.
A.
Off-street parking space shall be required as specified in the Off-Street Parking Table[1], which is hereby made a part of this chapter.
(1)
In churches and other places of assembly in which patrons or spectators occupy benches, pews or other similar seating facilities, each 20 inches of such seating facility shall be counted as one seat.
(2)
For uses not expressly listed in this section, parking spaces shall be provided on the same basis as required for the most similar listed use as determined by the Planning Board.
(3)
When determination of the number of required parking spaces results in the requirement of a fractional space, any fraction up to and including 1/2 shall be disregarded and fractions over 1/2 shall require one parking space.
(4)
Where occupant load is not definitive or seating is not clearly shown on a building permit, the New York State Uniform Fire Prevention and Building Code shall be used to determine occupant load.
[1]
Editor's Note: The Off-Street Parking Table is included as an attachment to this chapter.
B.
Maximum parking standards. The maximum number of off-street parking spaces for any nonresidential use shall not exceed the maximum off-street parking standards provided in the Off-Street Parking Table.
C.
Public or shared parking. The Planning Board shall have the authority to vary the standards of the Off-Street Parking Table to allow public or shared parking to be counted towards the minimum parking requirements. In varying the standards, the Board shall have a reasonable basis given the conditions and context of the proposed project, and shall state the basis for the decision to allow public or shared parking in the site plan approval.
D.
On-street spaces may be counted towards the total if on-street spaces are located along the frontage of the property.
E.
Parking or storage of recreational vehicles, trailers or boats out-of-doors in residential districts shall not be located within the front yard setback and not within 20 feet of any property line.
F.
Overnight parking or storage out-of-doors of any commercial vehicle as defined in Article XXII, Definitions, of this chapter shall be prohibited in any front yard setback in residential districts.
G.
Off-street loading facilities shall be provided for each commercial or industrial use and shall be so arranged as not to interfere with pedestrian or motor traffic on the public street or highway. Any required off-street loading berth shall have a clear area not less than 12 feet in width by 25 feet in length.
H.
Design and development standards for off-street parking. For uses in the HMU and HC districts where the hamlet design standards apply, the stricter standards of either this § 250-53 or § 250-46 shall apply.
(1)
Access, driveways and on-site location.
(a)
Parking areas, exclusive of driveways, shall not encroach within 15 feet of any public right-of-way.
(b)
For nonresidential uses, parking shall not be allowed within 15 feet of the front property line nor within 10 feet of the side or rear property lines.
(c)
For nonresidential uses and multifamily uses, driveways shall be set back a minimum of five feet from the side lot line.
(d)
Parking lot entrances and exits for off-street parking with more than four spaces shall not be located within 50 feet of street intersections. All points of ingress and egress shall have appropriate signage unless deemed unnecessary by the Planning Board.
(e)
Parking aisles shall be located a minimum of 20 feet from the intersection of the driveway approach and the street.
(f)
Where warranted by site topography, barriers or other safety devices shall be incorporated into the design of the parking area.
(g)
All parking areas containing four or more parking spaces shall include a turnaround that is designed and located so that vehicles can enter and exit the parking area without backing out or backing onto a public right-of-way.
(h)
Where appropriate, the Planning Board may require paved connections between abutting parking areas in different ownerships to facilitate traffic flow.
(i)
Shared access driveways between uses is preferred to eliminate curb cuts.
(2)
Parking stall and aisle standards.
(a)
Handicapped accessible parking dimensional standards are as set forth in the most recent edition of the New York State Uniform Fire Prevention and Building Code.
(b)
The minimum standards of the Off-Street Parking Aisle and Stall Dimension Table of this subsection shall apply to the width and length of required parking spaces.
(c)
Parallel parking spaces stall lengths shall be 22 feet long.
(d)
Turn radii. The minimum allowable inside vehicle turning radii for parking areas and driveways shall be 15 feet unless fire apparatus access is necessary, in which case the turn radii shall be greater as determined by the Fire Department.
Off-Street Parking Aisle and Stall Dimensions Table | ||||
|---|---|---|---|---|
Parking Angle | Stall Length | Stall Width | Aisle Width (One-Way) (feet) | Aisle Width (Two-Way) (feet) |
90° | 18 feet | 9 feet | 24 | 24 |
60° | 21 feet | 10 feet 5 inches | 18 | 24 |
45° | 19 feet 10 inches | 12 feet 9 inches | 13 | 24 |
(3)
Materials. All drive and parking surfaces for multifamily and nonresidential uses, except agriculture, shall be paved with a compacted macadam base, not less than four inches thick, surfaced with an approved porous pavement, asphaltic concrete or some comparable all-weather dustless material designed to be pitched and drained to dispose of surface water accumulation. The water shall not drain to adjoining property unless part of an approved drainage plan. Parking for 10 vehicles or more must provide adequate drains to storm sewers.
(4)
Landscaping and screening. Landscaping and screening of off-street parking areas shall meet the following standards to provide visual relief, shade, and separation of parking areas from public rights-of way.
(a)
Applicability. For parking areas with 10 or more parking spaces, the following standards shall apply.
(b)
Requirements.
[1]
A landscape strip of trees and shrubs shall be provided on the property between the parking lot or access drive and the right-of-way. The landscaped strip may not include any paved area except pedestrian sidewalks or trails which cross the landscaped strip. Shrubs must be maintained at a maximum height of 36 inches.
[2]
Landscaped areas covering a minimum of 5% of the total paved area of the lot shall be provided.
[3]
Shade shall be provided for at least 20% of the paved parking area using the following standard:
§ 250-54 Outdoor agricultural storage areas.
In the R and CRO Zones, outdoor storage areas or structures dedicated to the storage of manure, fertilizer, and/or silage shall be located a minimum of 100 feet from any property line.
§ 250-55 Outdoor firing ranges and sportsman's clubs.
A.
Minimum lot size. Outdoor firing ranges shall be permitted only on lots of 100 acres or more.
B.
Maintenance of an outdoor firing range shall be in accordance with the best management practices set forth by the United States Environmental Protection Agency and shall minimize the potential for soil and water pollution due to lead contamination. An environmental management plan which demonstrates the application of best management practices shall be part of the special use permit application for an outdoor firing range. The format of the environmental management plan shall follow the basic guidelines set forth by the US EPA in the guidance document "Best Management Practices for Lead at Outdoor Shooting Ranges."
C.
The siting of outdoor firing ranges shall be so that the shot fall area is not located on water bodies or wetlands and is contained wholly on the lot.
§ 250-56 Outdoor wood boilers.
A.
Purpose. It is the intent of this section to establish restrictions upon the construction, installation and operation of outdoor wood boilers within the limits of the Town of Sand Lake for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity of the Town and its inhabitants. It is generally recognized that the types of fuel uses, and the scale and duration of the burning by such boilers, create noxious and hazardous smoke, soot, fumes, odors and air pollution, can be detrimental to citizen's health, and can deprive neighboring residents of the enjoyment of their property or premises.
B.
Permit required. No person shall cause, allow or maintain the use of an outdoor wood boiler within the Town of Sand Lake without first having obtained a permit from the Code Enforcement Officer.
C.
Specific requirements.
(1)
The outdoor wood boiler must be installed, operated and maintained according to manufacturer's instructions. Installation must be inspected by the Code Enforcement Officer prior to the issuance of an operating permit.
(2)
The outdoor wood boiler shall only be fueled by seasoned clean wood and wood pellets made from clean wood or other fuels specifically permitted by the manufacturer.
(3)
Prohibited fuel types:
(a)
No person shall burn any of the following items in an outdoor wood boiler: wood that does not meet the definition of clean wood, unseasoned wood garbage, tires, yard waste, including lawn clippings, materials containing plastic, materials containing rubber, waste petroleum products, paints or paint thinners, household or laboratory chemicals, coal, paper except that nonglossy, noncolored papers may be used to start an outdoor wood boiler, construction and demolition debris, plywood, particleboard, fiberboard, oriented strand board, manure, animal carcasses and asphalt products.
(b)
No person shall cause or allow emissions of air contaminants from an outdoor wood boiler to the outdoor atmosphere of a quantity, characteristic or duration which is injurious to human, plant or animal life or to property, or which unreasonably interferes with the comfortable enjoyment of life or property. This prohibition applies, but is not limited to, the following conditions:
(c)
The prohibition further applies to any particulate, fume, gas, mist, odor, smoke, vapor, toxic or deleterious emission, either alone or in combination with others, emitted from an outdoor wood boiler that results in the conditions or circumstances listed in Subsection C(3)(b) notwithstanding the existence of specific air quality standards or emission limits.
(4)
The outdoor wood boiler must be equipped with a properly functioning spark arrestor.
(5)
Setbacks.
(a)
Residential-size outdoor wood boilers.
[1]
Outdoor wood boilers shall have a minimum setback of 50 feet from any residential unit.
[2]
The outdoor wood boilers shall be set back a minimum of 100 feet from any adjacent property line.
[3]
Notwithstanding the above, a residential-size new outdoor wood boiler installed on contiguous agricultural lands larger than five acres shall not be located less than 100 feet or more from the nearest residence not served by the outdoor wood boiler.
(b)
Commercial-size outdoor wood boilers.
[1]
The outdoor wood boiler shall be set back a minimum of 200 feet from the nearest property boundary line.
[2]
The outdoor wood boiler shall be set back a minimum of 300 feet from a property boundary line of a residentially zoned property.
[3]
The outdoor wood boiler shall be set back a minimum of 1,000 feet from a school, public recreational use or park.
(7)
Any outdoor wood boiler damaged by natural causes by more than 75% of its value shall not be repaired or rebuilt.
D.
Suspension of permit.
(1)
A permit issued pursuant to this chapter may be suspended as the Town Code Enforcement Officer may determine to be necessary to protect the public health, safety and welfare of the residents of the Town of Sand Lake if any of the following conditions occur:
(a)
Violation cited by the New York State Department of Environmental Conservation.
(b)
Malodorous air contaminants from the outdoor wood boiler are detectable outside the property of the person on whose land the outdoor wood boiler is located.
(c)
The emissions from the outdoor wood boiler interfere with the reasonable enjoyment of life or property; cause damage to vegetation or property; and/or are or may be harmful to human or animal health.
(2)
A suspended permit may be reinstated once the condition which resulted in suspension is remedied and reasonable assurances are given that such condition will not recur. Recurrence of a condition which has previously resulted in suspension of a permit shall be considered a violation of this chapter.
E.
Effect of other regulations. Nothing contained herein shall authorize or allow burning which is prohibited by codes, laws, rules or regulations promulgated by the United States Environmental Protection Agency, New York State Department of Environmental Conservation, or any other federal, state, regional or local agency. Outdoor wood boilers and any electrical, plumbing or other apparatus or device used in connection with an outdoor wood boiler shall be installed, operated and maintained in conformity with the manufacturer's specifications and any and all local, state and federal codes, laws, rules and regulations. In case of a conflict between any provision of this chapter and any applicable federal, state or local laws, laws, codes, rules or regulations, the more restrictive or stringent provision or requirement shall prevail.
§ 250-57 Portable storage containers and dumpsters.
A.
Portable storage containers and dumpsters may be temporarily located on a lot of record as part of a temporary storage solution for up to 30 days without obtaining a temporary use permit. Portable storage containers and dumpsters shall not include tractor trailers or other vessels with other traditional uses.
B.
A temporary use permit shall be required from the Code Enforcement Officer for the location of a portable storage container or dumpster on a lot of record for more than 30 days which can be renewed up to two times within a twelve-month period.
C.
Exemption. Dumpsters used for multifamily dwelling units and nonresidential uses as a trash receptacle for the regular disposal of trash collected by a garbage and recycling collection service shall not be considered temporary and no permit is required. However, such dumpster shall not be located in the front yard and shall be screened from the public right-of-way with landscaping or fencing.
§ 250-58 Commercial Reuse Overlay guidelines.
A.
Applicability. The professional/residential overlay design guidelines are applicable to all site plan review projects located within the CR Overlay Zone which shall extend 250 feet perpendicular from the center line of Routes 43 and 150, as indicated on the Official Zoning Map.
B.
Purpose. Recognizing that areas along Routes 43 and Route 150 in Sand Lake are in transition, experiencing increasing traffic volume, and may no longer be desirable for residential uses, the CR Overlay is intended to make a provision for limited commercial development within existing structures, while maintaining residential character. As such, the overlay allows small-scale businesses, such as offices and home-based businesses, which can be located in residential existing structures and blend with existing residential character. The purpose of the Commercial Reuse Overlay guidelines is to:
(1)
Establish standards for commercial uses so they will not infringe on the privacy of residential neighbors or their quiet and peaceful enjoyment of their property.
(2)
Promote development patterns which accommodate limited commercial uses in a manner which is wholly consistent with, and enhances the character of, the surrounding residential premises.
(3)
Minimize impacts to traffic, visual resources, and community character which may result in the conversion or establishment of professional uses in a residential area.
C.
Site guidelines.
(1)
Parking. All parking shall be located at the side or rear of the building. No parking is allowed in front of buildings. Parking layout shall allow cars to turn around, to prevent vehicles from having to back out onto the road (Figure 5).
 Figure 5 |
(2)
Landscaping. The front yard setback shall be maintained as a landscaped area.
(3)
Signage. No internally lit signs are allowed. The use of wood, wood-appearance/composite signs is encouraged.
(4)
Site and building lighting.
(a)
Light fixtures should be residential scale.
(b)
Pole height is to be no higher than 12 feet, not including the height of the luminaire.
(c)
One light is permitted at the driveway, and the minimum number of fixtures necessary to promote safety should be used at parking areas and building entrances.
(d)
All lights shall be shielded and directed to prevent light trespass onto neighboring properties and the public right-of-way.
(e)
Luminaires shall conform to the Illuminating Engineering Society of North America standards for cutoff fixtures.
(5)
Vehicle circulation. One driveway shall be permitted per lot. Driveways should resemble residential driveways in design and construction and should be no greater than 14 feet wide.
(6)
Outdoor storage/display. No outdoor display of goods or outdoor storage of equipment or materials shall be permitted in the front yard of the premises. Such goods, equipment or materials may be displayed or stored elsewhere on the property if appropriately covered by a structure and/or screened by a fence or natural vegetation, provided that any such outdoor storage does not occur within 50 feet of adjacent residential premises.
D.
Architectural guidelines. At a minimum, all structures shall complement the residential character of the area. It is encouraged that all buildings should resemble residential structures.
(1)
Renovations. Renovations of existing residential buildings shall retain the residential character and shall not introduce features which are associated with commercial uses, such as merchandise display windows (see Figure 6).
 Figure 6 |
(2)
Style. Existing residential architecture should form the reference point for new construction. Preferred architectural styles include Colonial, Victorian, Craftsman, Greek Revival, and Cape Cod.
(3)
Scale. The form and massing of large expansions should be broken up to reduce the scale of the structure (see Figure 7).
 Figure 7 |
(4)
Rooflines. Flat roofs are discouraged, while sloped and gabled rooflines are encouraged (see Figure 7).
(5)
Windows, entrances, and porches should be residentially scaled and in proportion to the proposed facade renovation or expansion.
(6)
Finish materials. Relate the material choice to the intended style of the building.
(a)
The colors of the building should be consistent with the architectural style and materials used, rather than predetermined franchise colors.
(b)
Preferred materials are durable, have aesthetic appeal, and are associated with residential architecture, including wood siding, concrete clapboard siding, brick, stucco, and stone.
(c)
Vinyl/aluminum siding is discouraged. Synthetic stucco, exterior insulation and finish systems (EIFS) and plain (unfinished) concrete masonry units are not permitted finish materials.
§ 250-59 Recreational vehicles as temporary housing.
A.
A recreational vehicle intended for portable temporary housing of guests or occupants may be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot for up to 30 consecutive days within a twelve-month period. There shall be no fee charged for such occupancy.
B.
A recreational vehicle may be used for temporary housing of the owner of the lot on which a residential dwelling is being constructed in conjunction with a valid building permit.
C.
Recreational vehicles on undeveloped lots.
(1)
A limit of one recreational vehicle shall be permitted on an undeveloped lot for a period of up to 30 days within a calendar year with a temporary use permit.
(2)
A temporary use permit for the temporary use of a recreational vehicle as described in this section must be issued by the Code Enforcement Officer. In considering a temporary use permit application, the Code Enforcement Officer may take into consideration the following:
§ 250-60 Restaurants.
A.
Minimum lot size. Restaurants located in the RR and AR Zones shall have a minimum lot size of five acres.
B.
Preexisting restaurants. The use of a lot as a restaurant at the time of adoption of this Zoning chapter located in the RR, AR or R zone shall be considered a lawfully permitted use for purposes of this Zoning chapter.
§ 250-61 Signage.
A.
General regulations. The following regulations shall apply to all permitted sign uses:
(2)
Permit required. Except as specifically exempted or prohibited herein, it shall be unlawful for any person to erect, construct, enlarge, move or convert any sign in the Town or cause the same to be done without first obtaining approval for each sign.
(a)
These directives shall not be construed to require any permit for a change of copy of any sign, provided that the person, place, establishment, business or service identified remains the same, nor the repainting, cleaning, and/or normal maintenance or repair of the sign or sign structure for which a permit has previously been issued, so long as the sign or the sign structure is not modified in any way.
(b)
In addition to the requirements of this section, signs in the Hamlet Mixed-Use and Hamlet Commercial zones must also comply with the requirements of § 250-46I(3)(c), and signs in the Commercial Reuse Overlay Zone must also comply with § 250-58C(3).
(3)
Signs must be constructed of durable materials, maintained in good condition and not allowed to become dilapidated.
(4)
Signs, other than an official traffic sign, shall not be erected within the right-of-way lines of any street or highway, nor project beyond the authorized property lines.
(5)
No sign shall be permitted which causes a traffic, health or safety hazard or creates a nuisance due to its placement, display or manner of construction. No sign shall be located so as to obstruct views of traffic.
(6)
Measurement of sign display area.
(a)
The area of a sign shall be measured from the outer dimensions of the frame, trim, or molding by which the sign is enclosed, where such features exist, or from the outer edge of the signboard where none exist.
(b)
When a sign consists of individual letters, symbols or characters, or where the overall shape of the sign is irregular, the area shall be computed as the area of the smallest rectangle which encloses all of the letters, symbols, characters or sign area (see Figure 8).
 Figure 8 |
(c)
Except as may otherwise be specified in this section, the size of double-faced signs shall be the sum of both sides.
B.
Exempt signs. The signs which follow are allowed in all zones and do not require the issuance of a sign permit.
(1)
Home-Based Businesses I and II. One nonilluminated sign not to exceed six square feet of sign area showing the name and address of the permitted home-based business of the resident of the premises. In the case of a corner lot, such sign shall be located on the principal street frontage.
(2)
Temporary signs, including, but not limited to, those associated with real estate sale/rental, garage/yard/estate sales, contractor/artisan work on site, banners not located in the public right-of-way, or political signs, shall be permitted. Signs shall be nonilluminated and shall not exceed six square feet in area. Temporary signs must be removed within seven days of the termination of the event or function associated with the sign.
(3)
Mobile home court. One nonilluminated sale or rental sign not to exceed 12 square feet of sign area.
(4)
Signs required by law, such as motor vehicle repair registration numbers, vehicle dealership registration numbers, etc.
(5)
Residential identification or street number identification and house number identification not to exceed five square feet.
(6)
Historical site markers.
(7)
"No Trespassing" signs and "Posted" signs ("No hunting, fishing or trapping").
(8)
Governmental signs.
(9)
Off-premises directional signs, not to exceed three square feet. One sign shall be allowed, limited to the name and address of the premises to which the sign is directed. The permission of the owner or resident of the off-premises site must be secured prior to erecting the sign. The sign must direct towards a premises not located on a state or county highway.
(10)
Hours of operation signs. "Open," "Closed," and hours-of-operation signs, not to exceed two square feet.
(12)
Multiple non-window temporary signs located on a business premises advertising daily, weekly or similar on premise special sales or events, such as banners, posters or flyers, except that such signs shall not exceed six square feet in total, and shall be securely fastened, affixed or placed so as not to become litter, and must be removed immediately upon expiration.
(13)
Notwithstanding Subsection C(1) below, a temporary sign advertising a special event placed by an individual or a public service, not-for-profit or similar noncommercial entity may be placed on the lands of another with the permission of such landowner. Any such temporary sign may not be erected more than 10 days prior to such event, must contain the date and location of the event, must be removed within one day of the end of the event, and shall be constructed of durable material.
C.
Prohibited signs.
(1)
Signs advertising functions, uses, products or services not pertaining to the premises on which they are located and mobile advertising or attracting devices shall not be permitted in any residential district.
(2)
Abandoned signs.
(3)
Roof signs.
(4)
Vehicular signs as defined in this chapter.
(5)
Projecting signs that project more than four feet from the structure to which they are attached. A projecting sign is a sign mounted on a building at a right angle to the building.
(6)
Animated signs.
(7)
A-frame or sandwich board signs that are left in place permanently.
(8)
Any sign, permanent or temporary, placed on any curb, sidewalk, hydrant, utility pole or tree, or in any public road right-of-way, without express written consent of the governmental unit controlling the right-of-way, curb, sidewalk, or hydrant and/or the utility owning such pole or of the owner of the land upon which such tree may be located, and any and all such signs shall also require a permit from the Planning Board.
(9)
Any sign erected or maintained which might be confused with any traffic control device or which might interfere with the vision or discernment of any traffic sign or which might cause danger to public travel.
(10)
Billboards and off-premises signs, excluding off-premise directional signs described in Subsection B(9) above.
(11)
Electronic message centers (EMCs).
D.
Signs that require a permit. The signs listed below require a permit from the Planning Board prior to installation, the size and number of permitted signs shall be as follows:
(1)
Permanent subdivision development signs. Signs advertising the subdivision or development of a tract of land may be erected upon the tract by the developer, builder, contractor or owner, and are allowed in all districts. The size and design of such sign is subject to review and approval of the Planning Board.
(2)
Banners in the public right-of-way. Banner signs which are located partially or wholly in the public right-of-way require a permit. The terms of approval for banners shall state the time period during which the sign shall be displayed as well as the approval of any applicable state or county agencies (such as New York State Department of Transportation) regarding the placement and installation of the banner.
(3)
In the Residential, Agricultural/Residential, Rural Residential, and Commercial Reuse Overlay Zones, one building or one freestanding sign shall be permitted accessory to a legal commercial use, provided such sign does not exceed 12 square feet in area. Any freestanding sign shall not stand any higher 12 feet.
(4)
In the Hamlet Commercial or Hamlet Mixed-Use Zones, two signs are permitted, with the total shared area of signage not to exceed one square foot per linear foot of building frontage, up to a maximum of 125 square feet. The size of a single sign shall not exceed 75 square feet. The height of the sign shall be no higher than the principal building to which it is accessory, or 12 feet, whichever is less.
(5)
In the case of two or more businesses which have been developed in a single building or as an integrated whole on one site, one wall sign for each business is permitted, but only one freestanding sign is allowed. The owner of such real property or business may elect how the allowable signage is allocated among the various businesses with a maximum of 1/2 square footage per linear footage of total business frontage.
(6)
In all districts, where the principal building is located with frontage on more than one street or public highway, one building sign or one projecting sign or one freestanding sign facing each street may be permitted.
E.
Illumination.
(1)
All illuminated signs permitted pursuant to this chapter shall comply with the following requirements:
(a)
Illumination of signs is permitted only in an HMU and HC Zone.
(b)
Signs that have external illumination, whether the lighting is mounted above or below the sign face or panel, shall have lighting fixtures or luminaires that are fully shielded.
(c)
Illuminated signs must not exceed a maximum luminance level of 750 cd/m2 from at least one-half hour before sunset until sunrise. Higher luminance levels are permitted during daytime hours, when required or appropriate to maintain legibility.
(d)
No flashing, nonconstant or moving light sources shall be permitted or constitute a part of any sign, with the exception of highway signs.
(e)
External light sources shall be directed so that they do not produce glare off the site, on an object other than the sign.
F.
Window signs. A regulated window sign is one that includes any writing (letter, words, or numerals), is located on the outside or within four feet of the inside of a window, and is plainly visible from the exterior of the building. No permit from the Planning Board is required, unless noted; however, the following applies:
(1)
Window coverage. A maximum area of 20% of any single window may be used for temporary and/or permanent window signs, but not to exceed 50 square feet of total window area. Flashing, moving or shimmering signs, lights or advertising devices are prohibited.
(2)
Exceptions to window coverage limit. The following exceptions are permitted to exceed the 20% maximum coverage of a window:
(a)
Permanent window signs, subject to the following regulation:
[1]
Open/closed sign: a maximum of two square feet is allowed, one sign per street elevation is allowed.
[2]
Information sign: for posting of days and hours of operation, building or tenant address, phone numbers, accepted credit cards: a maximum of two square feet is allowed on or adjacent to the entrance door.
(b)
Temporary window signs. An additional 10% window area coverage is granted for community event signage and political election signs. Under no circumstance shall more than 30% of a window area be covered with signage.
[1]
Local community events. A sign for a community event or to benefit a public or quasi-public organization may be displayed once per street elevation for a maximum of 30 days prior to the event and shall be removed within seven days following said event.
[2]
Political election signs. Political election signs may be displayed for a maximum of 60 days prior to the election and shall be removed seven days following such election.
(3)
Permanent window signs, subject to the following regulation:
(a)
Window signs shall consist of individual letters, logos, or symbols applied to, stenciled on, or etched into the glass surface; however, lighted signs with transparent backgrounds may be hung inside the window glass.
(b)
No such sign shall be displayed more than once per elevation (north, south, east, and west). In special cases a variation to allow redundancy may be requested through the Planning Board, permit required.
(c)
All such signs are allowed to be illuminated, with the light source concealed from public view.
(d)
A maximum of 8% of a window area or 20 square feet, whichever is less, may be internally illuminated, including exposed neon signs.
(e)
All electrical signs shall utilize UL-approved electrical elements and shall be subject to the National Electrical Code.
(4)
Temporary window signs include: promotional/sales signs; community event posters; "Help Wanted"/"Now Hiring" signs; real estate/rent/leasing signs; political election signs; holiday signs (patriotic or religious).
(a)
No such sign, other than leasing or "For Rent" sign, shall be displayed for more than 30 days.
(b)
The first day on which a sign is displayed shall be printed, inscribed or otherwise permanently marked upon the lower right corner of the sign in print that can be read through the window from the adjacent public way or sidewalk. It is unlawful to display any such sign without such inscription.
(c)
No such sign shall be displayed more than once per elevation (north, south, east, and west).
(d)
No such sign shall be illuminated.
(e)
No such sign shall be placed in any manner to the glass surface of the exterior of a structure.
(f)
Holiday decorations are exempt from these regulations.
(5)
Second-floor windows, subject to the following regulations:
(a)
Window signage is prohibited in the second floor windows and other window areas that are predominately above eye level of the passerby.
(b)
A second floor retail business, if not occupying any first floor space, may install one window identification sign above the first floor if no other exterior sign has been granted for this use or tenancy, and provided further that the sign shall not cover more than 15% of the window area and shall not be internally illuminated.
G.
Temporary advertising devices. Temporary advertising devices, including, but not limited to, inflatables, banners, feather pennants, ribbons or streamers, may be employed on an occasional or temporary basis for up to 30 days, with the issuance of a temporary sign permit, to call attention to special business or related events and shall be removed within seven days of an event, as applicable. Only one such device shall be allowed per business.
H.
Materials and appearance. For all permitted signs, the sign material, color, design, and aesthetics shall match or complement the overall design scheme of the primary structure and character of the neighborhood to the greatest extent possible.
I.
Sign removal.
(1)
Any new sign or temporary sign which does not comply with the regulations established pursuant to this chapter or which permit is revoked or which is deemed to be an abandoned sign; or which is not maintained in good and complete condition with lettering and graphics clean, legible, in true alignment and finishes in good repair, is prohibited and shall be brought into compliance.
(2)
The business, property and/or sign owner of any noncomplying sign shall be in violation until such sign(s) are removed or repaired. The Town may, with 10 days' prior written notice to the property and/or sign owner(s), remove such sign without further notice or further proceedings at the expense of the property and/or sign owner.
(3)
In the case of an unsafe sign which, in the opinion of the Code Enforcement Officer, is an immediate peril to persons or property, the Code Enforcement Officer may order and arrange for the removal of such sign, without notice to the owner thereof.
(4)
The expense of removal may be recovered by the Town in an action instituted in a court having competent jurisdiction.
J.
Nonconforming signs.
(1)
This section is intended to encourage the elimination of signs which do not comply.
(2)
A nonconforming sign may be continued if it is maintained in good condition. It shall not, however, be replaced with another nonconforming sign. It shall not be structurally altered so as to prolong the life of the sign. It shall not be reestablished after damage or destruction if the Code Enforcement Officer determines that the estimated cost of reconstruction exceeds 50% of the estimated replacement cost. However, it may be replaced if intentionally damaged or destroyed by person(s) who are proven to be unconnected to the owner(s) of the sign.
(3)
An unsafe or abandoned sign is declared a public nuisance, which shall be abated by the owner within 60 days of receiving notice from the Code Enforcement Officer. After 60 days the sign may be removed by the Code Enforcement Officer. The expense of removal may be recovered by the Town in an action instituted in a court having competent jurisdiction.
§ 250-62 Solar energy system, accessory use.
A.
A solar energy system accessory to a principal use and does not meet the definition of a solar energy production facility, which is not located on the roof or walls of a building (i.e., ground-mounted solar collectors) shall meet the following setbacks:
(1)
Side setback: 10 feet from side property lines.
(2)
Rear setback: 10 feet from rear property lines.
(3)
Corner lot side yard: on the side fronting a public right-of-way, the setback shall be the same as the front yard setback for the principal building.
(4)
Front yard setback: the same as for the principal building.
B.
Solar energy systems which are not located on the roof or walls of a building (i.e., ground-mounted) shall be screened from the view of the public right-of-way and shall not obstruct or otherwise impede the scenic views from existing buildings on neighboring properties. Screening shall be comprised of berms, fencing or landscaping that retains its ability to screen in the winter such as evergreen or fir trees.
§ 250-63 Solar energy production facility, large-scale.
A.
Applicability. This section applies to the siting of large-scale, ground-mounted solar energy installations which may be installed as a principal use on a lot as permitted in certain zoning districts or as an accessory use to another principal use.
B.
Lot dimensional requirements. Notwithstanding the lot development standards of the Dimensional Table of this Chapter 250,[1] the following standards shall apply for principal use large-scale solar energy production systems.
C.
Site plan review additional information. In addition to the information required for site plan review in Article IX, the following additional information shall be required:
(1)
Blueprints or drawings of the solar energy system showing the proposed layout of the system, any potential shading from nearby structures, the distance between the proposed solar collector and all property lines and existing on-site buildings and structures, and the tallest finished height of the solar collector.
(2)
Documentation of the major system components to be used, including the panels, mounting system, and inverter.
(3)
Name, address, and contact information for proposed system installer.
(4)
Documentation of actual or prospective access and control of the project site sufficient to allow for construction and operation of the proposed solar energy system.
(5)
An operation and maintenance plan which shall include measures for maintaining safe access to the installation, stormwater controls, as well as general procedures for operational maintenance of the installation.
(6)
Proof of liability insurance.
(7)
Utility notification. No grid-intertied photovoltaic system shall be installed until evidence has been given to the Planning Board that the owner has submitted notification to the utility company of the customer's intent to install an interconnected customer-owned generator.
(8)
A decommissioning plan. To ensure the proper removal of large-scale ground-mounted solar energy production facility, a decommissioning plan shall include the requirements of Subsection E below and specify that after the large-scale solar energy production facility can no longer be used, it shall be removed by the applicant or any subsequent owner. The plan shall demonstrate how the removal of all infrastructure and remediation of soil and vegetation shall be conducted to return the parcel to its original state prior to construction. The plan shall also include an expected time line for execution. Removal of the large-scale solar energy production facility must be completed in accordance with the decommissioning plan.
(9)
Financial surety. Applicant shall provide a cost estimate detailing the projected cost of executing the decommissioning plan prepared by a professional engineer or contractor, as well as the manner in which the surety will be held pending the final decommissioning and removal.
D.
Additional development standards.
(1)
Lighting. Lighting of large-scale ground-mounted solar energy production facility shall be consistent with local, state and federal law. Lighting of other parts of the installation, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. Where feasible, lighting of the solar energy system shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution.
(2)
Signage. Signs on a large-scale ground-mounted solar energy production facility shall comply with the signage requirements of this chapter and shall be required to identify the owner and provide a twenty-four-hour emergency contact phone number. Solar energy systems shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the solar energy system.
(3)
Utility connections. Reasonable efforts, as determined by the Planning Board, shall be made to place all utility connections from the solar energy installation underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider.
(4)
Emergency services. The large-scale ground-mounted solar production facility owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the local Fire Chief. Upon request, the owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the solar energy system shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.
(5)
Land clearing, soil erosion and habitat impacts. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of a large-scale ground-mounted solar energy production facility or otherwise prescribed in Chapter 218, Stormwater Management and Erosion and Sediment Control, of this Code and applicable laws, regulations, and ordinances.
(6)
Solar energy production facility installation conditions. The large-scale solar energy production facility owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the local Fire Chief. The owner or operator shall be responsible for the cost of maintaining the solar energy production facility and any access road(s), unless accepted as a public way.
E.
Abandonment or decommissioning.
(1)
Removal requirements. Any large-scale ground-mounted solar energy production facility which has reached the end of its useful life or has been abandoned shall be decommissioned within 12 months after the date of discontinued operations. Decommissioning shall include the following activities:
(a)
Physical removal of all solar energy systems, structures, equipment, security barriers and transmission lines from the site.
(b)
Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.
(c)
Stabilization or revegetation of the site as necessary to minimize erosion. The Code Enforcement Officer may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.
(2)
Abandonment. Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the large-scale ground-mounted solar energy production system shall be considered abandoned when it fails to operate for more than one year without the written consent of the Planning Board. If the owner or operator of the solar energy system fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the town retains the right, after the receipt of an appropriate court order, to enter and remove an abandoned, hazardous, or decommissioned large-scale ground-mounted solar energy system.
(3)
As a condition of site plan approval, the applicant and landowner shall agree to allow entry to remove an abandoned or decommissioned installation.
§ 250-64 Swimming pools.
Private swimming pools may be erected in all districts provided they conform to all state laws and regulations and the following provisions:
A.
Pools may be installed only as accessory to a residence(s) for the private use of the owners or occupants of such residence and their families and guests, or as an accessory use to a primary lodging use.
B.
Subject to approval. No work shall be commenced on the construction or installation of any swimming pool, including any excavation or removal of sand, gravel, topsoil or other materials, until and unless the plans and specifications have been approved and a building permit has been issued by the Code Enforcement Officer.
C.
Pools and pool equipment shall be installed in compliance with the setbacks for accessory structures of this chapter.
D.
Pools shall be completely surrounded by a substantial fence. Such fence shall be in conformity with all New York State and local rules and regulations.
E.
Pools may not be located between the building line and the street.
§ 250-65 Telecommunications facilities.
A.
Siting. New telecommunications facilities may be located on public or private land; however, where technically feasible, they should be sited on existing telecommunications facilities or utility distribution lines or properties of the Town of Sand Lake designated for such use in order to preserve the aesthetic and scenic value of the Town.
B.
Additional special use permit requirements. Applicants for a special use permit to place, construct or modify personal wireless telecommunications facilities within the Town of Sand Lake shall submit the following additional information to the Planning Board for its referral to a professional engineer or consultant for review and recommendation:
(1)
Visual environmental assessment report and landscaping plan, including appropriate modeling and photography assessing the visibility from key viewpoints identified in the visual assessment, existing tree lines and proposed elevations.
(2)
Preliminary report prepared by a licensed professional engineer describing:
(a)
Feasibility of co-location on existing structures and telecommunications facilities.
(b)
Applicant's full map and grid coverage in the Town of Sand Lake and adjoining towns.
(c)
Surrounding topography and relation to line of sight transmission.
(d)
Available road access, electric power and land-based telephone lines and/or microwave link capability.
(e)
Required improvements or construction activities, including those within the public right-of-way or lands owned or controlled by the Town of Sand Lake.
(f)
Identity of location, ownership and usage of currently existing telecommunications facilities within the Town of Sand Lake and adjoining towns.
(g)
Plans for construction of telecommunications accessory equipment building or structure and landscaping plan.
(h)
Proposed mitigation measures for visual impacts.
(i)
Proposed safety measures.
(j)
Compatibility with existing telecommunications networks, and public safety.
(k)
Emergency networks, such as fire, ambulance, police and 911.
(3)
In the case of an application for a telecommunications tower, additional information shall be provided describing the telecommunications tower height and design, foundation, including a cross section of the structure; the telecommunications tower's compliance with applicable structural standards; the telecommunications tower's capacity, including the number and type of telecommunications antennas it can accommodate and the basis of calculation of capacity.
(4)
In the case of a telecommunications antenna mounted on an existing structure, additional information shall be provided, indicating the existing structure's suitability to accept the telecommunications antenna; the proposed method of affixing the telecommunications antenna to the structure; and complete details of all fixtures and couplings, and the precise point of attachment shall be indicated.
(5)
Demonstration of need for proposed telecommunications facility showing the impracticality of upgrading or expanding an existing site within the Town of Sand Lake and adjoining towns.
(6)
Demonstration that the proposed site is the most appropriate available site, based on technological feasibility, for the location of the cellular telephone facility.
(7)
Inventory of existing telecommunications facilities within the Town of Sand Lake and adjoining towns outlining opportunities for shared use as an alternative to the proposed use. The applicant must demonstrate that the proposed telecommunications tower or telecommunications antenna cannot be accommodated on an existing approved telecommunications tower or facility within the Town of Sand Lake and adjoining towns.
(8)
Description of the applicant's five-, ten-, and fifteen-year projections for market demand, expected technological developments and long-range facility expansion needs within the Town of Sand Lake and adjoining towns.
(9)
Proof of certified mail announcements to all other telecommunications providers in the area declaring the applicant's sharing capabilities and/or siting needs.
(10)
A map showing the location of the premises for which the permit is sought and a sketch plan showing all features of the facility necessary for providing road access, electrical service, land-based telephone line connection and/or microwave link capability within the property boundaries of the proposed location.
(11)
In the case of an application for a telecommunications antenna or tower to be located on lands owned by a party other than the applicant or the Town, a copy of the lease agreement with the property owner shall be provided to the Planning Board.
(12)
Such other information as may be required by the Planning Board or its engineer.
C.
General requirements.
(1)
Separation distance. Telecommunications facilities shall be separated from all residential dwellings and building sites by a distance of 500 feet or 1.5 times the height of the tower, whichever is greater.
(2)
All telecommunications accessory structures shall comply with zoning setback regulations in the affected zone. In any event, a telecommunications tower shall be set back a distance at least equal to its height. Additional setbacks may be required by the Planning Board in order to provide for the public safety.
(3)
Minimal visual impacts. All telecommunications towers and telecommunications antennas shall be sited and surrounded by wooded areas so as to have the least possible practical visual effect on the environment.
(4)
Lighting. Telecommunications towers shall not be artificially lighted unless otherwise required by the Federal Aviation Administration or other federal, state or local authority.
(5)
Material and paint. Telecommunications towers and telecommunications antennas shall be of a galvanized finish, or painted gray above the surrounding tree line and gray or green below the tree line; the mountings of telecommunications antennas shall be nonreflective and of the appropriate color to blend with their background.
D.
Screening.
(1)
Vegetative screening. The following vegetative screening shall be provided: one row of native evergreen shrubs or trees capable of forming a continuous hedge at least eight feet in height within two years of planting shall be provided to effectively screen the telecommunications tower base and accessory facilities. Additional screening may be required by the Planning Board to screen portions of the telecommunications tower from nearby residential property or important views.
(2)
Architectural screening. Creative design measures to camouflage facilities by integrating them with existing buildings and among other existing uses are preferred.
E.
Height. The size of telecommunications sites shall be limited to the minimum required to provide the proposed area telecommunications services.
F.
Access road. Existing roadways shall be used for access to the site whenever possible.
G.
Telecommunications accessory structures. Telecommunications support facilities such as vaults and equipment rooms, utilities and other support structures shall be screened, placed underground, depressed, earth-bermed or sited below the ridgeline to the greatest extent feasible, particularly in areas of high visibility.
H.
Telecommunications antennas. Due to their high visibility, dish and parabolic telecommunications antennas shall not be used when overland connections are possible. If dish and parabolic antennas are required, they should be located at as low an elevation as possible without compromising the function of the device, preferably on the sides of buildings or ground-mounted on slopes below the ridgeline wherever possible, rather than elevated on telecommunications towers. Microwave and satellite dishes shall be of mesh construction wherever possible.
I.
Utility service. Electrical and land-based telephone utilities extended to service telecommunications sites shall be underground.
J.
Security provisions. Each site shall have a security program, including physical features such as fencing, anticlimbing devices or elevating ladders on the telecommunications towers and/or monitoring either by staff or electronic devices, to prevent unauthorized access and vandalism.
K.
Safe zone. Telecommunications towers shall be designed so that in the event of failure they will fall within the setback area of the site and/or away from adjacent property.
L.
Noise. Noise-producing equipment and towers shall be sited, constructed and/or insulated to minimize noise impacts on adjacent properties.
M.
Annual inspection and report. Telecommunications towers over 100 feet in height, including towers existing on the effective date hereof, shall be inspected annually by a licensed professional engineer, or at any other time upon a determination by the Town's Code Enforcement Officer that the telecommunications tower may have sustained structural damage, and a copy of the inspection report shall be submitted to the Town Code Enforcement Officer.
N.
Removal. All telecommunications facilities, including, but not limited to, antennas, towers and accessory structures, shall be dismantled and removed from the site when they have been inoperative or abandoned for one year. Applicants shall post a bond or other suitable undertaking as a condition of the use permit in order to guarantee removal of abandoned structures.
O.
Post-installation field report. A post-installation field report identifying the facility's coverage area, the telecommunications tower's maximum capacity, committed capacity and unused capacity, if any, and co-located users of the telecommunications tower shall be submitted to the Town.
P.
Proof of insurance. The applicant and the owner of the property where the telecommunications tower and/or antenna are to be located shall provide the Town Clerk with proof of insurance in a sufficient dollar amount to cover potential personal and property damage associated with construction and operation thereof.
Q.
Special use permit term. Special permits granted pursuant to this section shall be issued for a term of 10 years or the period of time requested by the applicant, whichever is less.
§ 250-66 Walls, fences and hedges.
A.
In the R, AR or R Zone, fences, walls or hedges shall not be located within two feet of any front lot line.
B.
On a corner lot in any district where a front yard is required, no fence, wall, hedge or other structure or planting more than three feet in height shall be erected, placed or maintained which obstructs visibility of vehicular traffic within the triangular area formed by the intersecting street right-of-way lines and a straight line joining said lines at points 30 feet distant from the point of intersection measured along said lines.
C.
Height.
(1)
No fence or freestanding wall shall exceed four feet in height in any front yard.
(2)
No fence or freestanding wall shall exceed six feet in height in any side yard or eight feet in any rear yard.
(3)
A maximum of 10 feet in height shall be allowed to enclose a private or public tennis court, basketball, or sports courts provided that the fence is not more than 60% opaque, and provided the fence is set back at least 10 feet from the property line.
D.
Materials and construction.
(1)
All fences and freestanding walls shall be so installed so that the finished side shall face outward; all bracing shall be on the inside of the fence.
(2)
Barbed wire, chicken wire, pallets, fabric, plywood and construction fencing shall not be used as a fencing material or as any part of a fence visible from the public right-of-way except when used for agricultural uses.
(3)
Retaining walls visible from the public right-of-way should be faced with masonry or other decorative screening, textures, design, or landscaping to minimize the blank appearance of walls and ensure compatibility with existing structures.
E.
All fences, walls and hedges shall be maintained and, when necessary, repaired or replaced.
§ 250-67 Windmills.
A.
General conditions.
(1)
Number. No more than two windmills may be located on a single parcel of property.
(2)
Visual impact.
(a)
No windmill shall be installed in a location where it is determined by the Board to have a significant detrimental impact on the neighborhood character.
(b)
Windmills shall not be installed in any location that would substantially detract from or block the view of a portion of a recognized scenic viewshed, as viewed from any public road right-of-way or publicly owned land within the Town of Sand Lake.
(c)
All power transmission lines from or to the wind generation and electricity generation equipment shall be located underground.
(3)
Broadcast interference.
(a)
Windmills shall not be installed in any location along the major axis of an existing microwave communications link where its operation is likely to produce electromagnetic interference in the link's operation.
(b)
Windmills shall not be installed in any location where their proximity to existing fixed broadcast, retransmission, or reception antenna (including residential reception antenna) for radio, television, or wireless phone will create interference with signal transmission or reception.
B.
Special use permit application requirements. In addition to the requirements for special use permits outlined in this chapter, the special use permit application for windmills shall also show:
(1)
Location of tower and tower height, including blades.
(2)
Property lines and physical dimensions of the tax parcel.
(3)
Underground utility lines within a radius equal to the proposed tower height, including the blades.
(4)
Dimensional representation of the various structural components of the tower construction, including the base and footings.
(6)
Location, approximate dimensions and types of major existing structures and all uses on the tax parcel. Design data indicating the basis of the design, including manufacturer's dimensional drawings, installation and operation instructions.
(7)
Certification by a registered professional engineer or manufacturer's certification that the tower design is sufficient to withstand wind load requirements for structures as established by the New York State Uniform Fire Prevention and Building Code.
(8)
Provide the zoning designations of the immediate and adjacent sites and the locations of any buildings or improvements that are within the "fall zone" of a proposed tower.
(9)
Proof of appropriate liability insurance. The applicant or owner of the property where the structure is to be located shall provide the Town Clerk with proof of insurance in a sufficient dollar amount to cover potential personal and property damage associated with construction and operation thereof.
C.
Dimensional conditions.
(1)
The maximum height of the windmill shall be determined by the Planning Board during the special use permit process.
(2)
No windmill shall be erected in any location where its overall height, including blades, is greater than 1.5 the distance from its base to any property line.
(3)
Guy wires and anchors for towers shall not be located closer than 10 feet to any property line.
(4)
No windmill shall be erected less than 100 feet from the center line of any public road.
(5)
These setback requirements may be waived where the applicant submits a signed waiver from the owner(s) of the neighboring property, overhead utility lines, or other structures in relation to which the applicant does not meet the setback requirements set forth above.
(6)
For purposes of this subdivision, where an applicant proposes to locate one or more windmills on a site consisting of multiple contiguous parcels owned or leased by the applicant, the term "property lines" shall mean the exterior boundaries of the contiguous parcels, which adjoin parcels not owned or leased by the applicant.
D.
Safety.
(1)
Each windmill shall be equipped with both manual and automatic controls to limit the rotational speed of the blade below the design limits of the rotor. The application must include a statement by a New York State registered professional engineer certifying that the rotor and overspeed controls have been designed and fabricated for the proposed use in accordance with good engineering practices.
(2)
The engineer shall also certify the structural compatibility of possible towers with available rotors. This certification would normally be supplied by the manufacturer and include the distance and trajectory of the thrown blade from an exploding turbine or propeller according to the Loss of Blade Theory.
(3)
The minimum distance between the ground and any protruding blades shall not be less than 15 feet as measured at the lowest point of the arc of the blades.
E.
Removal and restoration.
(1)
The windmill shall be removed if it is not used to generate electricity for one continuous year. The property shall be restored within 18 months after the one-year period.
(2)
The applicant shall include the following information regarding decommissioning and restoring the site:
(a)
The anticipated life of the project;
(b)
The estimated decommissioning costs in current dollars;
(c)
The method and schedule for updating the costs of decommissioning and restoration;
(d)
The method of ensuring that funds will be available for decommissioning and restoration; and
(e)
The anticipated manner in which the project will be decommissioned and the site restored.
(3)
The Board and/or the Town Board shall require the applicant to provide an appropriate and adequate demolition bond for purposes of removing the windmill. Proof of this bond shall be provided upon request.
(4)
The sufficiency of the demolition bond shall be confirmed at least every five years by an analysis and report of the cost of removal and property restoration to be performed by a New York State licensed professional engineer, the cost of same to be borne by the applicant. If said analysis and report determines that the amount of the bond in force is insufficient to cover the removal, disposal and restoration costs, the bond shall be increased to the amount necessary to cover such costs within 10 days of the applicant's receipt of such report.