Stafford Town City Zoning Code
ARTICLE VI
Supplementary Regulations
§ 182-30 Off-street parking requirements.
For every building hereafter erected, altered or changed in use there shall be provided at least the minimum number of off-street parking spaces set forth below. All off-street parking shall be designed in such a manner as to allow vehicles to exit onto the road without backing out on to it. The Planning Board shall review all proposals requiring the provision or alteration of required off-street parking as set forth in this section, excluding one- and two-family dwellings.
Residential uses:
One- and two-family dwellings: two parking spaces for every dwelling unit.
Multifamily dwellings: a minimum of two parking spaces for every dwelling unit. Additional parking spaces may be required by the Planning Board.
Home occupation: three parking spaces, plus one additional parking space for every 200 square feet of office or nonresidential area in addition to whatever parking spaces are required for the residential uses on the lot. Additional parking spaces may be required by the Planning Board.
Nonresidential uses:
Motels, hotels and boarding houses: one parking space per sleeping or dwelling unit, plus one space for each employee.
Barbershops and beauty shops: one parking space per station or chair, plus one space for each employee.
Business and professional offices, retail and service shops: one parking space for every 200 square feet of building area, plus one space for each employee.
Stores for the sale of furniture, appliances, or hardware: one parking space for every 300 square feet of building area, plus one space for each employee.
Supermarkets, self-service food stores: one parking space for every 200 square feet of building area, plus one space for each employee.
Motor vehicle sales, farm equipment sales: one parking space per every 300 square feet of building area.
Restaurant, cafeterias, bars, taverns: one space for every three seats for customers, plus one space for each employee.
Bowling alleys: eight parking spaces for each bowling lane.
Laundromats: one parking space for every two washing machines.
Churches and similar public meeting places: one parking space for every four seats in the main assembly unit, plus one space for each employee.
Funeral homes: one parking space for every 50 square feet.
Clubs: one parking space for every four seats for members, plus one space for each employee.
Industrial uses: one space for each employee per shift. Additional parking to account for shift overlap may be required by the Planning Board.
Off-site parking. Required off-street parking areas for the above-permitted uses may, under unusual circumstances and hardship, be located off-site, provided that the parking area is not more than 400 feet from the premises of the principal building or use to be served by such areas, and provided that the owner or owners of said off-site parking areas relinquish all development rights over this property until such time that parking space is provided elsewhere.
Off-street loading and unloading requirements.
Truck loading and unloading facilities shall be provided on the property to permit the transfer of goods in other than the front yards, customer parking area, or public street. A landscaping screen of no less than six feet in height shall be required where off-street loading areas abut residential zones. Such off-street loading areas shall have access to a public alley or street.
Number of spaces required is as follows:
Any business use with less than 3,000 square feet in total floor area: none.
For structures containing more than 3,000 square feet but less than 25,000 square feet of floor area: one space (at least 10 feet wide and 60 feet long) for each 12,500 square feet.
For structures containing 25,000 square feet or more of gross floor area, the number of spaces to be provided shall be as specified in the following table:
Square Feet | Number of Spaces | |
25,000 to 40,000 | 2 | |
40,001 to 100,000 | 3 | |
100,001 to 160,000 | 4 | |
160,001 to 240,000 | 5 | |
240,001 to 320,000 | 6 | |
For each additional 100,000 or fraction thereof | 1 additional |
Location of off-street loading areas. Required off-street loading areas in all cases shall be located on the same lot or parcel of land as the structure they are intended to serve. In no case shall the required off-street loading space be considered as part of the area provided to satisfy off-street parking requirements as listed herein.
Where off-street parking areas abut residential zones, a planted buffer area at least 10 feet wide and six feet high shall be provided between the parking area and the adjoining property. This requirement may be modified by the Planning Board.
§ 182-31 Signs.
General provisions. Every sign shall be designed and located in such a manner as to:
Signs may be illuminated by a steady light, provided that lighting does not directly illuminate adjacent property. Flashing, oscillating and revolving signs are not permitted, unless necessary for public safety or welfare. Additional sign permits may be required from NYS Department of Transportation for signs located along state highways.
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
Any banner intended to act as signage to advertise a specific business or the sale of a specific product or not-for-profit-sponsored community event or service.
A sign that is painted, printed, or stenciled onto the surface of an awning.
A temporary sign intended to be hung either with or without a frame, possessing characters, letters, illustrations, or ornamentations applied to paper, plastic, or fabric of any kind.
Any freestanding sign that advertises business conducted, services provided or products sold on properties other than the property on which the sign is erected.
Any sign erected on any part of a building or structure or on a sign structure attached to a building. Building signs include awning, canopy, fascia, roof, wall and window signs.
A roof-like structure that shelters a drive lane use, such as, but not restricted to, a gasoline pump island. A canopy is open on two or more sides and may be supported by either columns or by being attached to the building to which it is accessory.
A sign that is painted, printed, or stenciled onto the surface of a canopy.
Cloth banners designed for long-term use that are not intended to act as signage to advertise a specific business or the sale of a specific product. Decorative banners may, however, contain sponsor tags.
A small ground-mounted sign or sign affixed to an exterior wall of a building, the purpose of which is to direct traffic safely into and out of the premises.
A sign erected or painted on the horizontal fascia or eave trim of a roof, including signs in the filled-in portion of any roof gable. Such signs shall not extend beyond any edge of the surface on which they are mounted.
Any sign or sign structure not attached to the exterior of a building or other structure. Freestanding signs include pole and monument signs.
Any display capable of being expanded by air or other gas and used to advertise a product, event, or business. All inflatable signs are considered temporary signs.
A sign or signs mounted, painted on or fastened to a freestanding wall, pier or other sign structure of which any horizontal dimension of a structural member exceeds 18 inches between two feet and eight feet above grade level.
See "billboard."
A sign or signs mounted on a freestanding sign structure consisting of one or more poles, columns or piers, none of which supporting members shall exceed 18 inches in any horizontal dimension between two feet and eight feet above grade level.
Any sign or sign structure, other than a window sign, that is not permanently affixed to a building, structure or the ground, but not including advertising on motor vehicles.
Any sign that projects from the exterior of any building.
A sign erected on the roof of a building or structure.
Any material, symbol, emblem, structure or device, or part thereof, composed of lettered or pictorial matter or upon which lettered or pictorial matter is placed when used or located out-of-doors or outside or on the exterior of any building, including exterior and interior window surfaces, for display of an advertisement, announcement, notice, directional matter or name, and includes sign frames, billboards, signboards, painted wall signs, hanging signs, illuminated signs, pennants, inflatable or fluttering devices, projecting signs or grounds signs, and shall also include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person or business when the same is placed in view of the general public. The term "sign" includes signs related and unrelated to a business or profession or to a commodity or service sold or offered upon the premises where such sign is located. For the purposes of this chapter, the term "sign" does not include signs erected and maintained pursuant to and in discharge of any governmental function or required by any law, ordinance or governmental regulation, nor does it include flags, emblems or symbols of a nation, governmental body or school, nor memorial tablets or historical markers.
The surface area of a sign that is within view of a public right-of-way, visible from any one point of view. For measurement purposes, the sign surface area shall be calculated as follows:
For rectangular wall signs: that area of the smallest rectangle that can be placed over the entire sign, including its lettering, pictorial matter or devices, frame and decorative moldings along its edges and background, if of a different color from the predominant color surrounding the sign.
For irregular wall signs: that area defined by the edges of the sign, including all lettering, pictorial matter or devices, frame and decorative moldings and background, if of a different color from the predominant color surrounding the sign.
For letters, pictorial matter or devices not attached to frames or freestanding: that area defined by the smallest rectangle or rectangles that can be placed over any series of letters, pictorial matter or devices which can be considered as a unit. In the event that both uppercase and lowercase letters are used, the area shall be defined by the smallest rectangles that can be placed over the series of lowercase letters, plus the area of the smallest rectangles that can be placed over the individual uppercase letters. In the event that a letter or letters or other pictorial matter is placed as a separate unit on background boards, the sign area shall be calculated as the sum of the areas of the background boards.
For freestanding double-faced signs: the area of one entire side of the sign calculated as above.
For multiple-sided signs: the maximum area visible from any one point of view.
For signs on other than flat surfaces: the maximum actual surface area visible from any one point of view.
Any sign constructed of cloth, paper, canvas, plastic or light fabric, wallboard or other light, impermanent or inflatable material with or without frames intended to be displayed for a limited period of time only.
A sign fastened, painted or otherwise erected on the wall of a building so that the wall becomes the sign's supporting structure and wholly or partially forms its background.
A permanent sign affixed to a window surface or in front of or behind a window in such a manner that the window acts as its frame or background.
Signs permitted in any district. Off-premises commercial signs, billboards and roof signs are not permitted in any district. The following signs are permitted in any district:
Home occupation signs not exceeding four square feet, located not closer than five feet to any property line.
Any sign authorized in this chapter may contain a noncommercial message constituting a form of expression in lieu of other copy.
Signs necessary for public safety or welfare.
Temporary signs not exceeding four square feet in the R and A-R Districts nor 16 square feet in the I, IP or C District, providing the following:
Such signs shall be removed within 10 days after the event, project completion, primary race and/or election date, whichever is applicable.
The names and/or addresses of the sponsor or the person responsible for removal of such signs are identified upon each sign.
Commercial uses shall be limited to one temporary sign connected to the business not exceeding 16 square feet for a period of 10 days. Such limitations on commercial uses do not apply to temporary signs not connected to the business.
Nonconforming signs.
Nonconforming signs shall be removed at the expense of the owner when any use of the property on which the sign is located is discontinued.
Nonconforming signs may not be enlarged, extended, relocated or altered in any way, except to make them conform to provisions of this chapter. This provision shall not restrict routine maintenance of nonconforming signs, for example, replacement of electrical parts and repainting.
Signs permitted in the Residential (R), Hamlet (H) and Agriculture-Residential (A-R) Districts.
One on-premises sign identifying a church, public building or other permitted noncommercial use located no closer than five feet from the property line with a maximum size of 10 square feet in area per side. Two off-premises (noncommercial) directional signs located no closer than five feet from the property line with a maximum size of four square feet per side.
One on-premises sign for uses which have a valid special use permit or approved site plan to operate. Such sign may either be wall mounted with a maximum size of eight square feet, or freestanding with a maximum size of eight square feet per side. Freestanding signs shall be limited in height to 15 feet and not be located within 10 feet of a property line. The final location/placement of all signs for uses allowed by special use permits in the R, H, and A-R Districts shall be determined by the Board (Town or Planning) acting on said special use permit.
Signs permitted in Commercial (C) and Industrial (I) and Industrial Park (IP) Districts.
Two on-premises signs, one of which may be freestanding, shall be allowed for each permitted use. If attached, such signs shall not exceed an area equal to 10% of the building face. No sign shall project more than one foot from the building face.
Freestanding signs shall be permitted. Such signs shall conform to the following provisions relating to their number and size:
Each commercial or industrial use may have one freestanding sign. Such freestanding sign shall have an area of not more than 25 square feet nor be more than 25 feet in height, located not less than 10 feet from the property lines.
In a shopping center or industrial park there may be one directory sign at any location thereon which shall not exceed five square feet in area for each acre of land in the shopping center or industrial park, provided that no such sign shall exceed 30 square feet in area. No individual freestanding sign shall be allowed in a shopping center.
Off-premises direction signs not exceeding four square feet in size and limited to two signs per use shall be permitted.
Signs prohibited. The following types of signs are prohibited and shall not be permitted, erected, or maintained in any zoning district, and the owner thereof shall upon written notice of the Zoning Enforcement Officer forthwith, in the case of immediate danger and in any case within not more than 10 days, make such sign conform with the provisions of this section or shall remove it. If within 10 days the order is not complied with, the Zoning Enforcement Officer may cause said sign to be removed at the expense of the owner.
Any sign which by reason of its size, location, content, coloring or manner of illumination constitutes a traffic hazard or a detriment to traffic safety by obstructing the vision of drivers, or by obstruction or detraction from the visibility of any traffic control device on public streets and roads.
Any sign which obstructs free ingress to or egress from a required door, window, fire escape or other required exit way.
Signs which make use of words such as "stop," "look," "danger" and other words, phrases, symbols or character in such a manner as to interfere with, mislead or confuse traffic.
Any sign which has any visible moving part, for example visible revolving parts or visible mechanical movement of any description (except time and temperature revolving signs as allowed), or other apparent visible movement achieved by electrical, electronic or kinetic means, including intermittent electrical pulsations or by action of normal wind currents.
It shall be unlawful for any person to display upon a sign or other exterior advertising structure any obscene, indecent or immoral matter if it interferes with the proper or normal movement of vehicular traffic.
§ 182-32 Entrances and exits onto highways.
Written permission required. If otherwise required by applicable law, rule or regulation, no person, firm or corporation shall, after the effective date of this chapter, cut, construct or locate any driveway entrance into or exit from a highway in the Town of Stafford without having first received written permission to do so from the appropriate highway department, namely the NYS Department of Transportation, Genesee County Highway Department or Town of Stafford Highway Department. Three copies of such written permission shall be submitted, one to each of the following: Town of Stafford Highway Superintendent, Town Zoning Enforcement Officer, and Town Clerk. If the proposed driveway is in a designated wetland, then the appropriate DEC permits shall also be required and three copies provided as above.
Standard driveway entrance and exit requirements for Town highway. The standards set forth herein below are considered the minimum acceptable for installation of a new driveway on a Town highway. The Highway Superintendent of the Town of Stafford may impose any special requirements which the particular situation at the location where such driveway is sought to be located requires in his judgment under the circumstances.
The applicant shall furnish all material and bear all costs of construction within the Town highway right-of-way, pay the cost of all work done and materials furnished as required to meet the conditions of any permit issued by the Town Highway Superintendent.
No alteration or addition shall be made to any driveway or be relocated without first securing a new permit from the Town Highway Superintendent.
No more than two driveways to a single commercial establishment entering on one highway shall be permitted.
The maximum width for a single combined entrance to exit shall be no more than 50 feet for commercial use and not more than 30 feet for residential use. The maximum width for each driveway when two or more are permitted shall not be more than 50 feet.
The angle of the driveway with respect to the pavement shall not be less than 45°.
No driveway will be permitted where sight distance at pavement edge is less than 350 feet in each direction.
No driveway shall be permitted within 50 feet of any public highway intersection boundary line.
A fully dimensioned plan of the proposed driveway shall be attached to each application for a permit required hereunder.
Any culvert pipe required to be installed at such driveway entrance or exit shall be of corrugated metal pipe or equal no smaller than 12 inches in diameter and no shorter than 20 feet in length.
No head walls above surface of driveway shall be permitted.
No concrete surface closer to the traveled highway than the edge of the highway property lines.
Asphalt concrete may connect with traveled road bed under strict directions of the Highway Superintendent.
A culvert pipe shall be placed so as to allow it to run full without spilling out onto the highway either on the high or low side of the pipe.
§ 182-33 Stabling of farm animals.
There shall be no stabling of farm animals or bulk storage of manure, fertilizer, or similar odor or dust producing substance outside of a NYS Certified Agricultural District within a Residential (R) District, or Hamlet (H) District. Such stabling or storage shall be permitted in any Zoning District within a NYS Certified Agricultural District and/or within the A-R, C, IP, or I Districts, provided the following restrictions are observed:
No such stabling or storage shall take place within 500 feet of an R or H District.
No such stabling or storage shall take place within 100 feet of a lot containing a residential use.
Disposal of bedding, manure or other animal waste shall be in conformance with guidelines established by the Natural Resources Conservation Service (NRCS) and/or Genesee County Soil and Water Conservation District. The Zoning Enforcement Officer may require an individual who stables farm animals to provide the Town with an animal waste disposal plan approved by one of the aforementioned agencies.
§ 182-34 Adult uses.
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, films for sale or viewing on premises, by use of motion picture devices or any other coin-operated means and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such material.
A public or private establishment which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers.
An enclosed building with a capacity of less than 50 persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
An enclosed building with a capacity of 50 or more persons used regularly and routinely for presenting material having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to specific sexual activities or specified anatomical areas for observation by patrons therein.
Any person, firm, partnership, corporation, association, or legal representative, acting individually or jointly.
Restrictions. Adult uses, including, but not limited to, adult bookstore, adult motion-picture theater, adult mini-motion-picture theater, and adult entertainment cabaret shall be permitted upon the issuance of a special use permit subject to the following restrictions:
No such adult uses shall be allowed within 500 feet of another existing adult use.
No such adult use shall be located within 25 feet of the boundaries of any zoning district which is zoned for residential use (A-R or R).
No such adult use shall be located within 1,000 feet of a preexisting school or place of worship or children's playground.
No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any property not registered as an adult use. This subsection shall apply to any display, decoration, sign, show window or other opening.
§ 182-35 Junkyards.
Establishment. No person shall establish, operate, or maintain a junkyard until he has obtained a special use permit in compliance with § 182-50.
Location.
Said use shall not be located within 200 feet from any highway right-of-way; 100 feet from any body of water or property line; or 500 feet from any existing dwelling (excluding a dwelling on the lot), church, school, hospital, public building, or place of public assembly.
In reviewing this special use application, the Town Board shall take into account, after proof of legal ownership or right to such use of the property for the permit period by the applicant, the nature and development of surrounding property, such as the proximity of churches, schools, hospitals, public buildings, or other places of public gathering; and whether or not the proposed location can be reasonably protected from affecting the public health and safety by reason of offensive or unhealthy odors or smoke, or of other causes.
Aesthetic considerations.
The Town Board shall also take into account the clean, wholesome and attractive environment which has been declared to be of vital importance to the continued general welfare of its citizens by considering whether or not the proposed location can be reasonably protected from having an unfavorable effect thereon. In this connection the Planning Board may consider collectively the type of road servicing the junkyard or from which the junkyard may be seen, the natural or artificial barrier protecting the junkyard from view, the proximity of the proposed junkyard to established residential and recreational areas or main access routes thereto, as well as the reasonable availability or other suitable sites for the junkyard.
Required yards shall be moved as needed and shall be kept free of unsightly growth. The planting of trees and shrubs to naturally screen the junkyard shall be encouraged.
Fencing.
Before use, a new junkyard shall be completely surrounded with a fence at least eight feet in height which substantially screens said area and shall have a suitable gate which shall be closed and locked except during the working hours of said use. Such fence shall not be erected nearer than 200 feet from the right-of-way of a public highway, nor closer than 100 feet to any other property line. All materials stored or deposited at the site shall be kept within the enclosure of the fence and below the top of the fence, except during transportation of same in the reasonable course of business. All storage, wrecking, or other work shall be accomplished within the area enclosed by the fence.
Where the topography, land forms, natural growth of trees or other considerations accomplish the purpose of this section in whole or in part, the fencing requirements hereunder may be reduced by the Board; provided, however, that such natural barrier conforms with the purpose of this section.
Existing junkyards. All junkyards existing at the time of adoption of this chapter shall be limited to the size, area, and scale of the present use and operation unless a permit is authorized in accordance with these regulations.
§ 182-36 Commercial excavation.
Except when incidental to the construction of a building on the same lot or the construction of a farm pond, the excavation, processing or sale of sand, gravel or clay or other natural mineral deposits, or the quarrying of any kind of rock formation, hereafter, shall require a special use permit from the Planning Board.
Major excavation.
State permit. In order to obtain said special use permit, the applicant shall furnish evidence of a valid permit from the New York State Department of Environmental Conservation pursuant to Title 27, Article 23, of the Environmental Conservation Law when applicable.
Reclamation. The applicant shall further be required to comply with the reclamation standards established by the New York State Department of Environmental Conservation while carrying out such use.
Minor excavation.
As part of the application process for a special use permit, the applicant's plan shall be presented to the Genesee County Soil and Water Conservation District for its review and comments. Also, before issuing a special use permit, the Planning Board must find that such excavation will not endanger the stability of adjacent land or structures or the quality or quantity of groundwater and that it does not constitute a detriment to public health, safety or welfare by reason of excessive dust, noise, traffic, erosion, siltation or other condition.
In granting said special use permit, the Planning Board shall specify any reasonable requirement, including the following:
Minimum lot area. The minimum lot area shall be 10 acres.
Minimum setback requirements. All buildings shall be located not less than 100 feet from any street or property line. The top of the slope of all excavation operations shall be located or shall occur not less than 100 feet from any street or property line. The setback area shall not be used for any use in conjunction with the excavation and appurtenant activities except for one public notice sign identifying the use of the property, fencing, berms, buffers, access roads and parking.
Slope. During mining, the banks of all excavations shall be maintained at a slope not to exceed the normal angle of repose of such material.
Drainage. All surface drainage and any waste matter shall be controlled to prevent any silt, waste products, process residues, etc., from flowing onto public roads, adjacent property or into any stream. Excavation areas shall be planned and graded to avoid spasmodic collection of stagnant water.
Dust. All storage areas, yards, service roads or other untreated open areas within the boundaries of the excavation area shall be so maintained and improved as to minimize dust or other wind-blown air pollutants.
Roadside landscape. Existing trees and ground cover along public road frontage shall be preserved, maintained and supplemented in the entire area of the roadside setback for the purpose of screening and noise reduction. If, however, the existing topography and natural vegetation does not lend itself to an economically feasible supplement plan, the operation can, if properly landscaped with grass, trees and shrubs, grade back the over burden around the perimeter of the excavation site to create a berm for the purpose of screening and noise reduction. No berm shall be constructed within 25 feet of any right-of-way line or other property boundaries.
Fencing. Fencing may be required depending upon the existence of an earthen berm, the nature of the operations, distance from developed area, distance from property lines, depth of pit water and slope of pit walls.
Topsoil. All topsoil and subsoil shall be stripped from the excavation areas and stockpiled and seeded for use in accordance with the reclamation plan. The location of topsoil to be stored shall be identified. Such stockpiles shall be treated to minimize the effects of erosion by wind or water upon public roads, streams or adjacent property. This subsection shall be applied to all operations except that of topsoil removal.
Erosion. The applicant shall include a plan for the control of soil erosion.
Hours of operation. All operations shall be conducted between the hours of 7:00 in the morning (7:00 a.m.) and 6:00 in the evening (6:00 p.m.) with no Sunday or holiday operations, except in the case of public or private emergency or whenever any reasonable or necessary repairs to equipment are required to be made.
Blasting and/or processing. Operations involving blasting and on-site processing of mineral deposits shall not be allowed.
Reclamation plan. The applicant shall submit a reclamation plan. "Reclamation plan" means the applicant's proposal for reclaiming the affected land, including a graphic and written description of the proposed use for all affected land, the method of reclamation and a schedule for performing reclamation. Where feasible, reclamation shall be a continuing operation. Grading, topsoil replacement and replanting of the area designated for restoration shall continue during the permit period. All reclamation work shall be complete within one year after the termination of operations, at the expense of the operator.
Performance bond. A performance bond or some other financial guarantee may be required to assure that the conditions stipulated in the approval of the special use permit are carried out.
Duration of special use permit.
The special use permit for a minor excavation shall be issued for a period of one year, subject to a subsequent annual review and recertification by the Planning Board based on a written request for such continuance, which request shall be submitted to the Town Zoning Enforcement Officer at least 60 days prior to the expiration of each such one-year period. A public hearing shall not be required for such annual recertification, except upon motion of the Planning Board or Town Board.
The special use permit for a major excavation shall continue as long as its New York State Department of Environmental Conservation permit remains in effect, it complies with the terms therein, and it meets the reclamation standards established by the New York State Department of Environmental Conservation.
If on-site mining or processing operations are not carried out continuously for one year for a major or minor excavation, the site shall be considered abandoned, and, prior to any further excavation or processing, a new permit shall be required.
Except when incidental to the construction of a building on the same lot, or the construction of a farm pond, the excavation, processing or sale of topsoil, earth, sand, gravel or clay or other natural mineral deposits, or the quarrying of any kind of rock formation, hereafter, may be permitted as a special permit use in the Agricultural and Residential District upon the approval of a special use permit by the Planning Board.
In its consideration of an application for a special use permit, the Planning Board shall find that such excavation will not endanger the stability of adjacent land or structures or constitute a detriment to public health, safety, convenience or welfare by reason of excessive dust, noise, traffic, erosion, siltation or other condition. In granting a permit the Planning Board shall specify any reasonable requirements for those commercial excavations not directly regulated by the NYS Department of Environmental Conservation pursuant to Title 27, Article 23, of the Environmental Conservation Law. Commercial excavations regulated directly by NYSDEC shall comply with the requirements set forth by DEC together with any Town requirements which may be applied to similar industrial types of uses. Planning Board specifications for commercial excavations not directly regulated by DEC shall include such conditions as may be necessary to protect the public health, safety, convenience and welfare.
§ 182-37 Animal waste storage facilities.
All proposals for installation and/or modification of animal waste storage facilities shall be permitted only on property where the stabling of farm animals is permitted pursuant to § 182-33 above and shall be submitted to the Genesee County Soil and Water Conservation District (GCSWCD) for their review and determination as to acceptability. If a proposal is acceptable to GCSWCD, then the Planning Board will consider the potential impacts posed by such a facility upon surrounding land uses prior to taking final action. The Planning Board may grant or deny the permit, may set conditions relating thereto and may expand or modify the recommendations of the GCSWCD.
§ 182-38 Contractor's yard.
Establishment. No person shall establish, operate or maintain a contractor's yard until they have obtained a special use permit issued by the Planning Board in accordance with all applicable provisions of this chapter.
Location requirements. Said use shall not be located within the required front yard setback; 100 feet from any body of water or side property line; or 500 feet from any existing dwelling (excluding a dwelling on the lot), church, school, hospital, public building or place of public assembly. In reviewing this special use application the Planning Board shall take into account the nature and development of surrounding property, such as the proximity of surrounding residences.
Aesthetic considerations. The Planning Board shall also take into account the clean, wholesome and attractive environment which has been declared to be of vital importance to the continued general welfare of its citizens by considering whether or not the proposed location can be reasonably protected from having an unfavorable effect thereon. In this connection the Planning Board may consider collectively the type of road servicing the contractor's yard or from which the contractor's yard may be seen, the natural or artificial barrier protecting the contractor's yard from view, the proximity of the proposed contractor's yard to established residential and recreational areas or main access routes thereto, as well as the reasonable availability of other suitable sites for contractor's yards. Required yards shall be mowed as needed and shall be kept free of unsightly growth. The planting of trees and shrubs to naturally screen the contractor's yard shall be encouraged.
Fencing. Before use, the equipment and materials storage area of a new contractor's yard shall be completely surrounded with a fence at least eight feet in height which substantially screens said area and shall have a suitable gate which shall be closed and locked except during the working hours of said use. Such fence shall be erected in a manner acceptable to the Planning Board. All materials stored or deposited at the site shall be kept within the enclosure of the fence except during transportation of same in the reasonable course of business. Where the topography, land forms, natural growth of trees or other considerations accomplish the purpose of this section in whole or in part, the fencing requirements hereunder may be reduced by the Planning Board; provided, however, that such natural barrier conforms with the purpose of this section.
§ 182-39 Commercial communication tower.
No commercial communication tower or antenna(s) shall hereafter be used, erected, moved, reconstructed, changed or altered unless in conformity with these regulations.
Shared use of existing towers and/or structure.
At all times, shared use of an existing tower and/or structure (i.e., another commercial communications tower, water tower, building, etc.) shall be preferred to the construction of a new commercial communication tower. An applicant shall be required to present an adequate report inventorying existing towers or other structures within reasonable distance of the proposed site and outlining opportunities for shared use of existing facilities as an alternative to a proposed new commercial communication tower. The installation of a commercial communications antenna(s) on an existing structure located within the A-R, C, IP and I Districts shall be considered a permitted accessory use not subject to site plan review, provided the following criteria are met:
The existing structure is not increased in height more than 25 feet above its original height, provided no structure shall be increased to a height in excess of 195 feet. Such increase in height shall be limited to once per structure and shall not otherwise significantly alter the visual appearance of the structure;
The antenna(s) do not extend above such structure more than 10 feet; and
The applicant provides the necessary documentation to the Zoning Enforcement Officer to verify the existing structure and proposed antenna(s) installation would comply with the NYS Uniform Fire Prevention and Building Code.
An applicant proposing to share use of an existing tower and/or structure shall be required to document intent from an existing tower/structure owner to allow shared use.
New or altered towers and/or structures.
The Planning Board may, in its sole discretion, consider a new or altered (including tower or structure which are modified, reconstructed, or changed) commercial communication tower/structure where the applicant demonstrates to the satisfaction of the Planning Board that shared usage of an existing tower/structure is impractical. The applicant shall be required to submit a report demonstrating good faith efforts to secure shared use from existing towers or other structures as well as documentation of the physical and/or financial reasons why shared usage is not practical. Written requests and responses for shared use shall be provided.
The applicant shall be required to submit a site plan in accordance with § 182-27 for all commercial communication towers that are proposed to be erected, moved, reconstructed, changed or altered. Site plan review will also be required in those instances when antenna(s) are being added to existing structures not in compliance with the criteria set forth in Subsection A of this section. In addition to § 182-27, the site plan shall show all existing and proposed structures and improvements, including roads, buildings, tower(s), guy wire anchors, parking and landscaping and shall include grading plans for new facilities and roads.
Supporting documentation. The Planning Board shall require that the site plan include a completed visual environmental assessment form (visual EAF — SEQR) and documentation on the proposed intent and capacity of use as well as a justification for the height of any tower or antenna and justification for any required clearing. The applicant must provide a coverage/interference analysis and capacity analysis that location of the antennas as proposed is necessary to meet the frequency reuse and spacing needs of the cellular system and to provide adequate portable cellular telephone coverage and capacity to areas which cannot be adequately served by locating the antennas in a less restrictive district. The Planning Board may require submittal of a more detailed visual analysis based on the results of the visual EAF in addressing this subsection and Subsections J and K of this section.
Shared usage of site with new tower. Where shared usage of an existing tower or other structure is found to be impractical, as determined in the sole discretion of the Planning Board, the applicant shall investigate shared usage of an existing tower or other structure site for its ability to accommodate a new tower and accessory uses. Documentation and conditions shall be in accordance with Subsection B of this section. Any new commercial communication tower approved for a site with an existing tower or other structure site shall be subject to the standards of Subsections F through N of this section.
New tower at a new location. The Planning Board may consider a new commercial communication tower on a site not previously developed with an existing tower or other structure when the applicant demonstrates that shared usage of an existing tower site is impractical, as determined in the sole discretion of the Planning Board, and submits a report as described in Subsection B of this section.
Future shared usage of new towers. The applicant must design a proposed commercial communication tower to accommodate future demand for commercial broadcasting and reception facilities. This requirement may be waived, provided that the applicant demonstrates, in the sole discretion of the Planning Board, that provisions of future shared usage of the facility is not feasible and an unnecessary burden based upon:
The number of Federal Communications Commission (FCC) licenses foreseeably available for the area;
The kind of tower site and structure proposed;
The number of existing and potential licenses without tower spaces;
Available spaces on existing and approved towers; and
Potential adverse visual impact by a tower designed for shared usage.
Setbacks for new towers. All proposed commercial communication towers and accessory structures shall be set back from abutting residential parcels, public property or street lines a distance sufficient to contain on-site substantially all ice-fall or debris from tower failure and preserve the privacy of adjoining residential properties.
All commercial communication tower bases must be located at a minimum setback from any property line at a distance at least equal to the tower height plus 35 feet, or the distance between the tower base and guy wire anchors, or the minimum setback of the underlying zoning district, or a minimum setback at a distance which shall be established in the sole discretion of the Planning Board based on the unique characteristics of the site, whichever of the foregoing is greater.
Accessory structures must comply with the minimum setback requirements in the underlying district.
Visual impact assessment. The Planning Board shall require the applicant to undertake a visual impact assessment of any proposed new towers or any proposed modifications of an existing tower that will increase the height of the existing tower. Construction of a new commercial communication tower or modification of an existing tower shall be subject to those guidelines and criteria listed below that the Planning Board, in its sole discretion, deems appropriate at the presubmission conference:
Assessment of before and after views from key viewpoints both inside and outside of the Town, including state highways and other major roads, from state and local parks, from other public lands; from any privately owned preserves and historic sites normally open to the public, and from any other location where the site is visible to a large number of residents, visitors or travelers.
Assessment of visual impact of the tower base, guy wires, accessory buildings and overhead utility lines from abutting properties and streets.
New tower design. Alternate designs shall be considered for new towers, including lattice and single pole structures. Plans should show that the owner of the commercial communication tower has agreed to permit other persons to attach other communication apparatus which do not interfere with the primary purposes of the commercial communication tower, provided that such other persons agree to negotiate a reasonable compensation to the owner from such liability as may result from such attachment. The design of a proposed new tower shall comply with the following:
The minimum required lot size for construction of a commercial communication tower shall be five acres.
The maximum height of any new commercial communication tower shall be 195 feet.
Unless specifically required by other regulations, all towers shall have a neutral, earth tone, sky tone or similar finish that will minimize the degree of visual impact that the new tower may have. Artificial lighting, including strobes, beacons and other hazard avoidance lighting, shall be limited to that required by the Federal Aviation Administration (FAA) or other governmental agency, recognized safety guidelines and the Planning Board.[1]
Any new tower and its foundation shall be designed and constructed to have the minimum height and carrying capacity needed to provide future shared usage (co-locating of a minimum of two additional providers).
The Planning Board may request a review of the application by the Town Engineer, or other engineer selected by the Planning Board, for evaluation of need for and design of any new tower. The costs associated for such review shall be borne by the applicant.
Accessory facilities shall maximize use of building materials, colors and textures designed to blend with the natural surroundings.
No portion of a tower may be used for signs or advertising purposes, including company name, banners, streamers, etc.
The applicant shall provide documentation acceptable to the Planning Board that certifies the operation of the proposed commercial communication tower facility will not interfere with usual and customary transmission or reception of radio, television or other communication equipment.
Space on communication towers shall be made available for public safety purposes (i.e., Genesee County Public Safety Radio System) at no cost to public safety agencies.
Existing vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible, and no cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) shall take place prior to approval of the special use permit. Clear cutting of all trees in a single contiguous area exceeding 20,000 square feet shall be prohibited.
Screening. Deciduous or evergreen tree plantings may be required to screen portions of the tower and accessory structures from nearby residential property as well as from public sites known to include important views or vistas. Where the site abuts residential or public property, including streets, the following vegetative screening shall be required. For all commercial communication towers, at least one row of native evergreen shrubs or trees capable of forming a continuous hedge at least 10 feet in height within two years of planting shall be provided to effectively screen the tower base and accessory facilities. In the case of poor soil conditions, planting may be required on soil berms to assure plant survival. Plant height in these cases shall include the height of any berm.
Access. Adequate emergency and service access shall be provided. Maximum use of existing roads, public or private, shall be made. Road construction shall, at all times, minimize grounds disturbance and vegetation cutting to within the toe of fill, the top of cuts, or no more than 10 feet beyond the edge of any pavement. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential.
Parking. Parking shall be provided in accordance with § 182-30. No parking space shall be located in any required yard.
Fencing. Sites of proposed new commercial communication towers and sites where modifications to existing towers are proposed shall be adequately enclosed by a fence eight feet in height from finished grade, unless the applicant demonstrates, to the sole discretion of the Planning Board, that such measures are unnecessary to ensure the security of the facility. Such security fencing shall surround the tower base as well as each guy anchor.
Maintenance and/or performance. Prior to approval of any application, the Planning Board, in its sole discretion, may require the applicant and/or owner to post and file with the Town Clerk a maintenance and/or performance bond or other form of security acceptable to the Town Attorney, in an amount sufficient to cover the installation, maintenance and/or construction of said tower during its lifetime and provide for its removal. The amount required shall be determined in the sole discretion of the Planning Board, based upon the unique characteristics of the tower and site. In furtherance of the foregoing, the applicant and/or owner shall cooperate with the Planning Board in supplying all necessary construction and maintenance data to the Board prior to approval of any application to accomplish the foregoing.
Removal of obsolete/unused facilities. Approval of a new commercial communication tower facility shall be conditioned upon the applicant's agreement to remove such facility once it is no longer used. Removal of such obsolete and/or unused commercial communication towers facilities shall take place within 12 months of cessation of use. The applicant shall submit an executed removal agreement with their application to ensure compliance with this requirement.
§ 182-40 Ponds.
The purpose of this section is to provide for the construction of ponds that are adequately designed and located so as to not pose adverse impacts upon surrounding land uses. Stormwater/erosion control ponds that are part of an approved stormwater management system with stamped drawings by an engineer licensed in the State of New York shall not be subject to the provision under this section and are allowed per right in all zoning districts. Farm water supply, conservancy and fire protection or other ponds may be located within the A-R, C, IP and I Districts upon issuance of a special use permit, provided the following criteria are met:
The proposed pond is located not less than 100 feet from any property line. This setback distance shall be measured from the edge of the surface of the water at its highest level.
The proposed pond design is considered acceptable by the Genesee County Soil and Water Conservation District (GCSWCD) or another entity deemed acceptable to the Planning Board.
The pond is constructed in conformance with the design specifications in Subsection B of this section, including any reseeding or revegetation requirements.
Any soil excavated in the construction of a pond shall not be removed from the affected parcel without the specific authorization of the Planning Board in issuing the special use permit.
§ 182-41 Wind energy systems.
Purpose. The purpose of this section is to preserve and protect public health and safety without significantly increasing the cost or decreasing the efficiency of a wind energy system and to allow for the orderly development of land, protect property values, and aesthetic conditions. This section does not repeal, annul, impair, or interfere with any existing ordinance or local law.
Authority. The Town Board of the Town of Stafford enacts this section under the authority granted by:
New York Municipal Home Rule Law § 10, Subdivisions 1(i) and (ii) and 1a(6), (11), (12), and (14).
New York Town Law § 130, Subdivision 1 (Building Code), Subdivision 3 (Electrical Code), Subdivision 5 (Fire Prevention), Subdivision 7 (Use of streets and highways), Subdivsion 7-a (Location of Driveways), Subdivision 11 (Peace, good order and safety), Subdivsion 15 (Promotion of public welfare), Subdivision 15-a (Excavated Lands), Subdivision 16 (Unsafe buildings), Subdivision 19 (Trespass), and Subdivision 25 (Building lines).
New York Town Law § 64, Subdivision 17-a (protection of aesthetic interests) and Subdivision 23 (General powers).
The State Environmental Quality Review Act ("SEQRA").
Findings. The Town of Stafford used a citizens committee to collect relevant unbiased information on wind turbines. Based on this investigation the committee, by majority, voted that commercial wind turbines are not suitable for the Town of Stafford. The siting of wind turbines is typically restricted by the potential adverse impacts they may have on established features of the nearby areas, most commonly roadways and residences. Many potential adverse impacts are mitigated by establishing suitable setbacks or distances between wind turbines and roadways or residential property. Where applicable, minimum restrictions are to be from property lines. Restrictions should follow wind energy system size and should take into account tower height and rotor diameter. Restrictions for different adverse impacts will overlap. A conservative approach is to use combined restrictions which mitigate all adverse impacts.
Definitions. As used in this section, the following terms shall have the meanings indicated:
A wind energy system that is operated primarily (51% or more) to put energy into the electric grid, and/or has a nameplate capacity of more than 50 kilowatts (kW), and/or a total height of more than 175 feet, and/or a blade length of more than 30 feet.
The interference to communication systems created by the scattering of electromagnetic signals.
Towers or poles that are used to continuously record wind speed and direction data. Other parameters such as air temperature and pressure may also be collected. MET towers shall be considered parts of a wind energy system and are subject to all applicable provisions of this section, including height restrictions.
A wind energy system that is operated primarily (51% or more) for on-site (may be for more than one parcel) consumption, and has a nameplate capacity of 50 kilowatts (kW) or less, and a total height of 175 feet or less, and a blade length of 30 feet or less. These are also defined as wind energy conversion systems (WECS) or small wind energy production facilities.
The largest diameter formed by the blades when assembled and mounted on the wind energy system.
The alternating pattern of sun and shade caused by wind tower blades casting a shadow.
The inappropriate application of current to the ground or earth. For the purpose of this section, it is the measurable addition of current to ground resulting from improper installation or deterioration of the electrical portion of a wind energy system. The National Electrical Safety Code set the conditions that grounding connection points shall be so arranged that under normal circumstances there will be no objectionable flow of current over the grounding conductor. The National Electrical Safety Code set the conditions that earth (ground) should not be part of a supply circuit for both safety and service reasons. The most current revision of the National Electrical Safety Code shall apply.
The vertical distance from ground level to the tip of a wind turbine blade when the tip is at its highest point.
Equipment that converts and then stores or transfers energy from the wind into usable forms of energy and includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, turbine, vane, wire, substation, maintenance or control facilities, or any other components used in the system. A wind energy system can consist of one or more wind towers. Wind energy systems do not include small lawn decoration, pond aerators, or remaining portions of mechanical water pumping windmills.
The monopole, freestanding, or guyed structure that supports a wind turbine generator.
Compliance. It is unlawful for any person to construct, install, maintain, modify, or operate a wind energy system that is not in compliance with this section or with any condition contained in a special use or zoning permit issued pursuant to this chapter.
Commercial wind energy systems prohibited. Commercial wind energy systems shall not be allowed in any area or zone within the Town of Stafford.
Permit requirements.
Special use permit. A special use permit is required for noncommercial wind energy systems and for any wind energy system or a component thereof, except for noncommercial wind energy systems located in county-adopted, state-certified Agricultural Districts for primary on-farm use.
Zoning permit. A zoning permit and site plan review are required for the installation of any wind tower that is part of a wind energy system.
Ownership. In cases where the owner of the property is not the applicant/owner of the wind energy conversion system a clear order of liability will be established. A signed and notarized legal document from the owner of record of the property on which a wind energy system will be located recognizing liability for compliance to all requirements of this law if the applicant/owner of the wind energy system is unable to comply.
Fees.
The application for a special use permit for a noncommercial wind energy system, except for noncommercial wind energy systems located in county-adopted, state-certified Agricultural Districts must be accompanied by the fee required for a special use permit.
The application for a zoning permit for each tower in a noncommercial wind energy system must be accompanied by the fee required for a zoning permit.
Restoration requirement (see also restoration section under agricultural mitigation).
A wind energy system that is out of service for a continuous twelve-month period or any wind energy system found to be unsafe by the Building Code Enforcement Officer and not repaired by the owner to meet federal, state and local safety standards within six months will be deemed to have been abandoned. The Zoning Enforcement Officer may issue a notice of abandonment in form of a letter to the owner of a wind energy system that is deemed to have been abandoned. The Zoning Enforcement Officer will withdraw the notice of abandonment if the owner provides information within 30 days from the date of the notice that causes the Zoning Enforcement Officer to determine that the wind energy system has not been abandoned.
The owner of a wind energy system must provide the Zoning Enforcement Officer with a written notice of termination of operations if the operation of a wind energy system is terminated.
Within three months of receipt of notice of abandonment or within six months of providing notice of termination of operations, the owner of a wind energy system must:
Remove all wind turbines, aboveground improvements, and outdoor storage;
Remove all foundations, pads, and underground electrical wires to a depth of four feet below the surface of the ground;
Remove all hazardous material as defined by NYSDEC from the property and dispose of the hazardous material in accordance with federal and state law; and
All disturbed areas will be decompacted and the topsoil will be replaced to original depth reestablishing original contours where possible.
Special use permit or zoning permit requirements. In addition to those criteria set forth under other sections of this chapter, the Planning Board shall consider the following factors when setting conditions upon special use permits or site plans issued for all wind energy systems and may hire a professional engineer or consultant to assist in the review of an application at the applicant's expense:
Proposed ingress and egress.
Proximity to transmission lines to link the system to the electric power grid.
Number of wind towers and their location.
Nature of land use on adjacent and nearby properties.
Location of other wind energy systems in the surrounding area.
Surrounding topography.
Proximity to residential structures, residential zoning districts, or areas identified for future residential use.
Design characteristics that may reduce or eliminate visual obtrusiveness.
Possible adverse effects on migratory birds, and other animals and wildlife.
Possible adverse effects of stray voltage, interference with broadcast signals, shadow flicker, and noise.
Impact on the orderly development, property values, and aesthetic conditions.
Possible adverse effects on groundwater quality or quantity.
Recommendations of the County Planning Board.
Any other factors that are relevant to the proposed system.
Standards.
Location. A wind energy system may only be located in areas that are zoned Agricultural-Residential (A-R).
Setbacks. Each wind tower in a wind energy system must be set back twice the height of each wind tower or ten-rotor diameters, whichever is longer, as measured from the center of the base of the tower from the following:
From any state forest, public park, or any other area that has been set aside for the sole purpose of preserving a unique wildlife habitat or natural formation recognized by a state, federal or local government.
From important bird areas.
From the property line of the parcel on which the wind tower is located.
Of any public access building that is on any parcel.
From the right-of-way of any public road.
From any residence or building that is on any parcel.
Spacing and density. A wind tower must be separated from any other wind tower by a minimum distance equal to twice the height of the wind tower and by a sufficient distance so that the wind tower does not interfere with the other wind tower.
Structure. A wind tower must be of monopole construction to the extent practicable. If monopole construction is not practicable, a wind tower must be of freestanding construction to the extent practicable. If monopole or freestanding construction is not practicable, a wind tower may be guyed.
Height. The total height of a wind energy system shall not exceed 175 feet. Other maximum building/structure height restrictions within other sections of this chapter are not applicable.
Clearance. The vertical distance from ground level to the tip of a wind turbine blade when the blade is at its lowest point must be at least 30 feet.
Access and safety.
Security. A wind tower, including any climbing aids, must be secured against unauthorized access by means of a locked barrier. A security fence shall be required, which shall be a minimum of eight feet high.
Climbing aids. Monopole wind towers shall have all climbing aids and any platforms locked and wholly inside the tower.
Operational safety. Wind towers shall have an automatic braking, governing or feathering system to prevent uncontrolled rotation, overspeeding and excessive pressure on the tower structure, rotor blades and turbine components.
Lightning. All wind towers shall provide a continuous electrical path to the ground to protect the tower from lightning.
Access roads. All wind energy systems shall use existing roads to provide access to the facility site, or if new roads are needed, minimize the amount of land used for new roads and locate them so as to minimize adverse environmental impacts.
Electrical wires.
Location. All electrical wires associated with a wind energy system must be located underground and must be located in a manner that does not interfere with reasonably expected farm practices (see also construction section under agricultural mitigation).
Transmission lines. All wind energy systems shall combine transmission lines and points of connection to local distribution lines.
Substations. All wind energy systems shall connect the facility to existing substations, or if new substations are needed, minimize the number of new substations.
Stray current. Properly installed wind energy systems will not generate this form of electrical pollution often referred to as stray or ground current. A measurement of before and after installation to insure no gain in existing electrical pollution is required for all wind energy systems over 10kw. Wind energy systems of any size may be measured on an on/off basis to resolve any complaint of electrical pollution. Mitigation must be immediate with the wind energy system shut down until complete. Compliance with the National Electric Safety Code for both installation and testing protocol is required.
Lighting. A wind tower and turbine may not be artificially lighted unless such lighting is required by the Federal Aviation Administration (FAA), other governmental agency, recognized safety guidelines (i.e., Mercy Flight), or the Planning Board. If lighting is required, the lighting must comply with FAA minimum requirements and, whenever possible, be at the lowest intensity allowed. If more than one lighting alternative is available, the Town Planning Board reserves the right to choose the least obtrusive lighting option available.
Buildings and outdoor storage. Any ancillary buildings and any outside storage associated with a wind energy system must, to the extent reasonably possible, use materials, colors, textures, screening and landscaping that will blend the facility into the natural setting and existing environment (i.e., in an agricultural setting accessory buildings could be designed to look like barns). Appropriate landscaping or architecture shall be provided to screen accessory structures from roads and adjacent residences.
Aesthetics.
Appearance, color, and finish. The exterior surface of any visible components of a wind energy system must be a nonreflective, neutral color.
Visual impact assessment. The applicant shall complete a visual environmental assessment form (visual EAF — SEQR), as well as a visual impact assessment of any, proposed wind energy systems or any proposed modifications to existing wind energy systems. The visual impact assessment shall include assessment of visual impact from abutting properties and streets of the tower base, guy wires, accessory buildings and any other element of the wind energy system identified by the Town or County Planning Board or Town Board.
Signs. No wind tower, turbine, building, or other structure associated with a wind energy system may be used to advertise or promote any product or service. A weather-resistant sign plate no greater than two square feet in size containing the current owner or operator, emergency phone number, and current address of such owner/operator shall be located on the exterior surface of the tower or of the fence surrounding each tower and viewable by a Zoning Enforcement Officer. No other word or graphic representation, other than appropriate warning signs, may be placed on a wind turbine, tower, building, or other structure associated with a wind energy system so as to be visible from any public road.
Agricultural mitigation. The following shall apply to construction areas for wind energy systems located in county-adopted, state-certified agricultural districts. The applicant is required to coordinate with the New York State Department of Agriculture and Markets (Ag. and Markets) to develop an appropriate schedule for milestone inspections to assure that the goals are being met. When required by the Town, the applicant shall hire an environmental monitor to oversee the construction and restoration in agricultural fields. The person or company hired as an environmental monitor shall be approved by the Town and paid by the applicant.
Siting.
Minimize impacts to normal farming operations by locating structures along field edges where possible.
Locate access roads, which cross agricultural fields, along ridge tops where possible to eliminate the need for cut and fill and reduce the risk of creating drainage problems.
Avoid dividing larger fields into smaller fields, which are more difficult to farm, by locating access roads along the edge of agricultural fields where possible.
All existing drainage and erosion control structures, such as diversions, ditches, and tile lines, shall be avoided or appropriate measures taken to maintain the design and effectiveness of the existing structures. Any structures disturbed during construction shall be repaired to as close to original condition as possible, as soon as possible, unless such structures are to be eliminated based on a new design.
Construction.
The surface of access roads constructed through agricultural fields shall be level with the adjacent field surface.
Where necessary, culverts and waterbars shall be installed to maintain natural drainage patterns.
All topsoil must be stripped from agricultural areas used for vehicle and equipment traffic and parking. All vehicle and equipment traffic and parking shall be limited to the access road and/or designated work areas, such as tower sites and laydown areas. No vehicles or equipment will be allowed outside the work area without prior approval from the landowner and, when applicable, the environmental monitor.
Topsoil from work areas (tower sites, parking areas, open-cut electric cable trenches, along access roads) shall be stockpiled separate from other excavated material (rock and/or subsoil). At least 50 feet of temporary workspace is needed along open-cut electric cable trenches for proper topsoil segregation. Topsoil stockpile areas shall be clearly designated in the field and on the on-site working set of construction drawings. Stockpiles will be located far enough from access roads and work areas to eliminate the possibility of vehicles inadvertently compacting this soil.
In cropland, hayland and improved pasture a minimum depth of 48 inches of cover will be required for all buried electric wires. In unimproved grazing areas and land permanently devoted to pasture, a minimum depth of 36 inches of cover will be required. In areas where the depth of soil over bedrock ranges from zero to 48 inches, the electric wires shall be buried entirely below the top of the bedrock or at the depth specified for the particular land use whichever is less. At no time will the depth of cover be less than 24 inches below the soil surface.
All excess subsoil and rock shall be removed from the site. On-site disposal of such material may be allowed if approved by the landowner and, when applicable, the environmental monitor, with appropriate consideration given to any possible agricultural or environmental impacts. (NOTE: Any permits necessary for disposal under local, state and/or federal laws and regulations must be obtained by the contractor, with the cooperation of the landowner when required.)
In pasture areas, work areas will be fenced to prevent livestock access, consistent with landowner agreements.
All pieces of wire, bolts, and other unused metal objects will be picked up and properly disposed of as soon as practical after the unloading and packing of turbine components so that these objects will not be mixed with any topsoil. (NOTE: Any permits necessary for disposal under local, state and/or federal laws and regulations must be obtained by the contractor, with the cooperation of the landowner when required.)
Travel of all heavy equipment (including concrete trucks and erection cranes) will be limited to designated access roads and gravel crane pads at all times.
Excess concrete will not be buried or left on the surface in active agricultural areas. Concrete trucks will be washed outside of active agricultural areas. (NOTE: Any permits necessary for disposal under local, state and/or federal laws and regulations must be obtained by the contractor, with the cooperation of the landowner when required.)
Restoration.
Restoration scheduling will be consistent with the seasonal limitations identified by Ag and Markets and will be incorporated into the project's agricultural district notice of intent (if applicable) as well as the stormwater management plan (general permit).
Following construction, all disturbed agricultural areas will be decompacted to a depth of 18 inches with a deep ripper or heavy-duty chisel plow. In areas where the topsoil was stripped, soil decompaction shall be conducted prior to topsoil replacement. Following decompaction, all rocks four inches and larger in size will be removed from the surface of the subsoil prior to replacement of the topsoil. The topsoil will be replaced to original depth and the original contours will be reestablished where possible. All rocks four inches and larger shall be removed from the surface of the topsoil. Subsoil decompaction and topsoil replacement should be avoided after October 1, unless approved on a site-specific basis by the landowner in consultation with Ag and Markets. All parties involved should be cognizant that areas restored after October 1 may not obtain sufficient growth to prevent erosion over the winter months. If areas are to be restored after October 1, some provision should be made to restore any eroded areas in the springtime, to establish proper growth.
All access roads will be regraded to allow for farm equipment crossing and to restore original surface drainage patterns, or other drainage patterns incorporated into the design.
All restored agricultural areas shall be seeded with the seed mix specified by the landowner, in order to maintain consistency with the surrounding areas.
All surface or subsurface drainage structures damaged during construction shall be repaired to as close to preconstruction conditions as possible, unless said structures are to be removed as part of the project design.
Following restoration, all construction debris will be removed from the site.
Two-year monitoring and remediation.
The applicant will provide a monitoring and remediation period of no less than two years immediately following the completion of initial restoration. The two-year period allows for the effects of climatic cycles, such as frost action, precipitation and growing seasons, to occur, from which various monitoring determinations can be made. The monitoring and remediation phase will be used to identify any remaining agricultural impacts associated with construction that are in need of mitigation and to implement the follow-up restoration. The applicant will provide to the Town all testing, data and reports necessary to document compliance with Subsection U(4)(a) through (e) herein.
General conditions to be monitored include topsoil thickness, relative content of rock and large stones, trench settling, crop production, drainage and repair of severed fences, etc. Impacts will be identified through on-site monitoring of all agricultural areas impacted by construction and through contact with respective farmland operators and Ag and Markets.
Topsoil deficiency and trench settling shall be mitigated with imported topsoil that is consistent with the quality of topsoil on the affected site. Excessive amounts of rock and oversized stone material will be determined by a visual inspection of disturbed areas as compared to portions of the same field located outside the construction area. All excess rocks and large stones will be removed and disposed of by the applicant.
When the subsequent crop productivity within affected areas is less than that of the adjacent unaffected agricultural land, the applicant as well as other appropriate parties will help to determine the appropriate rehabilitation measures to be implemented. Because conditions which require remediation may not be noticeable at, or shortly after, the completion of construction, the signing of a release form prior to the end of the remediation period will not obviate the applicant's responsibility to fully redress all project impacts.
Subsoil compaction shall be tested using an appropriate soil penetrometer or other soil compaction measuring device. Compaction tests will be made for each soil type identified on the affected agricultural fields. The subsoil compaction test results within the affected area will be compared with those of the adjacent unaffected portion of the farm representative subsoil density of the unaffected areas, additional shattering of the soil profile will be performed using the appropriate equipment. Deep shattering will be applied during periods of relatively low soil moisture to ensure the desired mitigation and to prevent additional subsoil compaction. Oversized stone/rock material which is uplifted to the surface as a result of the deep shattering will be removed.
Noise. Audible noise due to the operation of any part of a wind energy system shall not exceed 45 decibels (dB) for any period of time, when measured at any residence, school, hospital, church, public park, public library or place of public assembly. Audible noise due to the operation of any part of a wind energy system shall not exceed 30 decibels (dB) when measured inside any residence.
Electromagnetic interference (EMI). No individual tower facility shall be installed in any location where proximity with existing broadcast, retransmission or reception antenna (including residential antenna) for radio, television, wireless phone or other personal communication systems would produce electromagnetic interference with signal transmission or reception. Alternatively, wind energy systems shall be properly filtered or shielded in order to avoid electromagnetic interference and shall comply with rules and regulations of the Federal Communication Commission contained in 47 CFR Parts 15 and 18.
Insurance. Prior to issuance of a building permit, the applicant shall provide the Town proof of a level of insurance to be determined by the Town Board in consultation with the Town's insurer and Attorney, to cover damage or injury that might result from the failure of a tower or towers or any other part or parts of the generation and transmission facility. If the insured is not the owner of the property, the applicant must show that the owner of the property is a coinsured or named as an additional insured, and must allow for the property owner to continue coverage if the applicant is unable to continue coverage.
Tax exemption. The Town hereby exercises its right to opt out of tax exemption provisions of Real Property Tax Law § 487, pursuant to the authority granted by Subdivision 8 of that Law.
Inspections. Town Code Enforcement Officer or designated representative shall have the right at any reasonable time to enter the premises on which a wind energy system has been placed to inspect any and all parts of said installation. After conducting said inspection the Code Enforcement Officer may order the owner of the wind energy system to render it inoperative for reasons related to safety, noise, electrical pollution or electromagnetic interference. If unable to contact the owner the Code Enforcement Officer may execute an emergency shut down procedure which has been provided in advance by the owner/applicant in the form of a clear and concise check sheet as part of the permit process. All liability for the execution of an emergency shutdown shall be with the owner of the wind energy system.
Penalties. Any person, firm corporation or entity which may violate any provision of this section shall be guilty of a violation and, upon conviction thereof, shall be subject to the penalties set forth in § 182-46 of this chapter. Any person, firm corporation or entity which may violate any provision of this section shall become liable to the Town for any actual expense or loss or damage occasioned by the Town by reason of such violation, in addition to any actual losses or damages sustained by the Town, such expense shall also include but not be limited to statutory costs, disbursements and reasonable attorney fees in the event legal action is commenced to enforce this section. The imposition of penalties herein prescribed shall not preclude the Town or any person from instituting appropriate legal action or proceedings to prevent a violation of this section or to restrain or enjoin the use or occupancy of premises or any part thereof in violation of this section.