Trenton Town City Zoning Code
ARTICLE VI
Supplementary Regulations
§ 300-25 Conditional uses.
On application, the Zoning Board of Appeals, may opt to refer the application to the Planning Board for its advisory review at a regularly scheduled monthly meeting of the Planning Board, or may grant a conditional use permit for any use for which approval of the Zoning Board of Appeals as required by this chapter. The Board shall, pursuant to law, hold a public hearing on any such application prior to acting thereon. In approving such permit, the Board may designate appropriate conditions in harmony with the following standards.
[Amended 9-26-2012 by L.L. No. 10-2012]
The use shall be of such location, size and character that it will be in harmony with the appropriate and orderly development of the district in which it is situated and will not be detrimental to the orderly development of adjacent districts and uses.
The location and size of the use, the nature and intensity of the operations involved in or conducted in connection therewith, its site layout and its relation to streets giving access to it shall be such that traffic to and from the use and the assembly of persons in connection with it will not be hazardous or inconvenient to the neighborhood or conflict with the normal traffic of the neighborhood. In applying this standard, the Board shall consider, among other things, convenient routes of pedestrian traffic, particularly of children, relation to main traffic thoroughfares and to street and road intersections and the general character and intensity of development of the neighborhood.
The location and height of buildings; the location, nature and height of walls and fences; and the nature and extent of landscaping on the site shall be such that the use will not hinder or discourage the proper development and use of adjacent land and buildings or impair the value thereof.
Conditional uses to be considered by the Zoning Board of Appeals, where provided for in the respective districts as shown in the Zoning Schedule.[1] Conditional uses with requirements which merit additional definition include:
[Amended 2-9-2005 by L.L. No. 1-2005; 6-13-2007 by L.L. No. 2-2007]
Public utility structure or use. Such uses shall include utility substations, transformers, transmission towers, switches, and auxiliary apparatus serving a distribution area and include water and sewage pumping stations and like facilities and shall be subject to the following regulations:
Such facility shall not be located on a residential street unless no other site is available and shall be so located as to draw a minimum of vehicular traffic to and through such streets.
The location, design and operation of such facility shall not adversely affect the character of the surrounding residential area.
Adequate fences, barriers and other safety devices shall be provided, and the facility shall be screen-planted in accordance with the provisions of § 300-20I and J.
Holding area; kennel or riding stable; animal hospital; or reactivation of a previous agricultural operation. No such use shall be located within 200 feet of any adjoining residential lot or any existing dwelling other than the principal residence on the same parcel. The Zoning Board of Appeals shall determine that any such proposed use shall not jeopardize the health, welfare or useful enjoyment of any surrounding property before any permit is authorized.
[Amended 9-26-2012 by L.L. No. 10-2012]
Roadside stand.
A permanent structure, stand or location for the sale of seasonal farm produce may be established upon approval of a conditional use permit by the Zoning Board of Appeals where the Board determines that:
Such use will not interfere with the normal flow of traffic or present a hazard by way of its proximity to the highway, and, in this regard, adequate pull-off and parking area is provided.
Such use will not present a nuisance or be objectionable to neighboring uses in terms of traffic, noise or unsightliness.
Signage requests shall be made as part of the application process and the placement and number of signs will be determined by the Zoning Board of Appeals in its review. Signs may be placed both on premises and off premises. No signs shall be placed in any road right-of-way (R.O.W.), and written permission from the owner of the property where any off-premises signs are placed must be provided as part of the application. All such signs must meet the design guidelines under § 239-7A of Chapter 239, Signs.
[Added 6-13-2007 by L.L. No. 8-2007]
In addition, an annual roadside stand operating permit shall be required for all roadside stands, such permit to be effective to that date specified in the application of the calendar year of its issuance. Application for such annual roadside stand operating permit will be made to the Town Clerk 30 days prior to initiation of the proposed use. Upon recommendation of the Zoning Enforcement Officer, the Town Board shall issue or deny such permit in accord with the requirements set forth herein and the established fee schedule.
[Amended 9-26-2012 by L.L. No. 10-2012]
Campground. Creation, expansion, extension or alteration of any campground shall be in accord with the following minimum regulations:
[Amended 6-21-2007 by L.L. No. 11-2007]
All existing campgrounds of record shall be exempt from the provisions of this chapter, except that they shall comply with them whenever any addition, expansion or alteration of the use or operation is proposed and they shall be required to obtain an annual operating permit. In addition, existing campgrounds shall comply in every regard with minimum standards for health, sanitation and cleanliness.
A campground shall have a minimum lot size of 10 acres and have minimum individual campgrounds as determined by the Zoning Board of Appeals.
Sanitary facilities.
All water supply and sewage disposal systems will comply with any applicable regulations of the Town and be approved by the County or State Health Department before any permit is authorized. Each campground will contain adequate and suitably located rest room facilities, including one or more of the following: toilet and urinal closets; lavatory or washing sinks; bath or shower stalls. The number and type of each shall be determined by the Board. In addition, a dumping station will be provided for those travel-trailers which have self-contained toilet facilities.
Provision for the following shall be approved by the Board: storm and surface drainage; open areas, yards and drives; and garbage and refuse disposal.
Roadways and parking. Access roads shall have a minimum right-of-way and paved or stone course in accord with Town Subdivision Regulations.[2] There shall be no dead-end streets in any campground. Individual travel-trailer or recreation sites shall not be located in the required right-of-way.
Improvements.
Lighting, landscaping and buffer areas shall be as required by the Board and shall be in keeping with surrounding development, the unique features of the site and the health and safety of occupants of the campground. Attractive site development shall be a consideration in determining the adequacy of the proposed campground.
Open space areas suitable for recreation and play purposes shall be designated on the site plan and shall be an integral part of any proposed campground. At least one acre or up to 10% of the land area shall be required for open space purposes in any campground designed for 20 or more units.
Permits.
No campground shall be established in the Town until an initial conditional use permit has been applied for and granted in compliance with this chapter.
All annual operating permits for the operation of a campground shall be approved by the Town Board after referral to and recommendation by the Zoning Enforcement Officer and Planning Board. All operating permits shall be effective until December 31 of the calendar year of their issuance. An application for a renewal operating permit shall be made 60 days prior to the expiration date of the previous permit. Upon recommendation of the Zoning Enforcement Officer and Planning Board, the Town Board shall issue or deny such permit in accord with the requirements set forth in these and other applicable regulations and the established fee schedule.
Multiple dwellings. In addition to meeting the minimum yard and lot requirements, any such dwelling unit(s) shall be subject to the following regulations:
Open space areas up to 10% of the total land area suitable for recreation and play purposes shall be designated.
No building shall be closer to any other principal building on the same plot than the height of the taller of the two buildings.
Facilities for refuse disposal shall be provided for all dwellings units. Collection areas shall be maintained and conveniently located for all units. Dumpsters shall be adequately screened or enclosed.
Parking areas and driveways shall be no closer than 10 feet to any building or lot line.
Trees, shrubs and other landscaping shall be provided, if needed, to provide adequate visual and/or noise buffers between the applicant's and adjoining lands.
There shall be adequate provisions for fire lanes and other emergency zones and adequate fire hydrants, if possible.
Adequate outdoor lighting shall be provided for the safety of residents.
The circulation and arrangement of vehicular and pedestrian traffic shall be organized so as not to create a hazard on or off the site.
Adequate provisions will be made for visitor parking on site.
The applicant shall have any needed permits from the state and county signifying the adequacy of water and sewage facilities.
Nursing home. In addition to meeting the minimum yard and lot requirements, any such use shall be subject to the following regulations:
Approval will not be given until the applicant can produce written approval from the State of New York that the home is duly authorized by the State of New York.
If appropriate for the specific type of facility, adequate open space areas shall be provided.
Parking areas and driveways shall be no closer than 10 feet to any building or lot line.
Trees, shrubs and other landscaping shall be provided, if needed, to provide adequate visual and/or noise buffers between the applicant's and adjoining lands.
There shall be adequate provisions for fire lanes and other emergency zones and adequate fire hydrants, if possible.
Adequate outdoor lighting shall be provided for the safety of residents.
The circulation and arrangement of vehicular and pedestrian traffic shall be organized so as not to create a hazard on or off the site.
Adequate provisions will be made for visitor parking on site.
Facilities for refuse disposal shall be provided. Collection areas shall be maintained and conveniently located. Dumpsters shall be adequately screened and enclosed.
Bed-and-breakfast home. A bed-and-breakfast home may be approved in a residential district only if it complies with the following:
The dwelling unit must meet all of the zoning requirements of a particular zone.
Internal or external changes which will cause the dwelling to lose its residential character or function are prohibited.
The location, design and operation of such facility shall not adversely affect the character of the surrounding residential area.
The use must be accessory to a household living use on the site. The dwelling must be an existing single-family dwelling that is the primary residence of the owner.
Such use will not present a nuisance or be objectionable to neighboring and adjacent properties in terms of noise, glare, unsightliness or other objectionable features.
The circulation and arrangement of vehicular and pedestrian traffic shall be organized so as not to create a hazard on or off the site.
Trees, shrubs and other landscaping shall be provided, if needed, to create and maintain adequate visual and/or noise buffers between the applicant's property and neighboring lands.
Sufficient off-street parking shall be provided for guests.
Adequate water and sewage facilities shall be provided.
No evidence of the use shall be visible, except that one nonilluminated sign having an area of not more than six square feet shall be permitted.
Funeral home. In addition to meeting the minimum yard and lot requirements, any such use shall be subject to the following conditions:
The funeral home shall be designed in keeping with the residential character of the neighborhood in which it is located.
Trees, shrubs and other landscaping shall be provided to create and maintain an adequate visual and/or noise buffer between the funeral home and adjoining premises.
No building shall be located closer than 50 feet to any property line.
Loading and unloading areas used by ambulances, hearses and other service vehicles shall be enclosed by a garage or obscured from adjoining properties by wall(s) and/or screening.
Adequate driveways shall be provided for off-street formation of automobile processions.
Twenty-five parking spaces shall be provided for every chapel or parlor.
The circulation and arrangement of vehicular and pedestrian traffic shall be organized so as not to create a hazard on or off the site.
Adequate water and sewer facilities shall be provided.
One freestanding sign shall be permitted, not to exceed six square feet in area.
Any other conditions related to the health, safety and general welfare of the community and to preserve the residential character of the neighborhood.[3]
Nonprincipal permitted structure. In addition to meeting the minimum yard and lot requirements, the placement of a nonprincipal permitted structure shall only be permitted if the lot upon which the structure shall be placed shall be contiguous to a separate lot owned by the same person(s) which shall already have a principal permitted structure on it. The Zoning Board of Appeals in approving a permit may designate conditions which will be in harmony with the standards outlined under § 300-25A(1), (2) and (3).
[Added 6-13-2007 by L.L. No. 3-2007]
Campsite on a parcel without a dwelling. In addition to meeting the minimum lot requirements, any such use shall be subject to the following:
[Added 6-21-2007 by L.L. No. 11-2007]
Outdoor wood-burning boiler. It is the intention of the Town of Trenton to establish and impose restrictions upon the construction and operation of outdoor boilers within the limits of the Town 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 used, 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 citizens' health, and can deprive neighboring residents of the enjoyment of their property or premises. It is also recognized that some residences in the Town, being in close proximity to each other, require that some uses, acceptable in more open areas of the Town, cannot be permitted within the confines of the more densely populated areas, and may be a nuisance to neighbors.
[Added 11-12-2008 by L.L. No. 6-2008]
In addition to reviewing the criteria for conditional uses under § 300-25A(1), (2), (3), the ZBA shall determine the degree of negative impact to the neighborhood and adjoining properties. In reaching a determination of whether to grant a conditional use permit, the ZBA shall ascertain the views and opinions of property owners not only adjacent to the property where the wood boiler is located but from any property owner who may be affected, and these views shall hold significant weight in reaching a decision. Some determining factors may be air quality, unsightliness, effect on property values and effect on personal health. In addition, the following conditions must be met:
The boiler must be a minimum of 200 feet from any property line and 400 feet from the nearest neighboring dwelling.
The boiler must be located behind the residence; that is, no closer to the road than the distance between the road and the farthest distance to the back of the residence.
The boiler may only be used between September 15th and May 15th of any year. Specifically, the boiler may not be run at any other time.
Boilers are limited to firewood, corn, coal, fuel oil if used in combination with firewood and untreated lumber as a fuel. The burning of any other material is prohibited.
Existing boilers. Within two years of the enactment and filing of this subsection, all existing boilers must come into conformance with these regulations, except for setback requirements. All existing boilers must be removed within 10 years or obtain a conditional use permit under these 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 boilers, and any electrical, plumbing or other apparatus or device used in connection with an outdoor 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 subsection and any applicable federal, state or local ordinances, codes, laws, rules or regulations, the more restrictive or stringent provision or requirement shall prevail.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
§ 300-26 Off-street parking and loading.
Off-street parking space shall be required for all principal buildings constructed or substantially altered after the effective date hereof. Each off-street space shall consist of at least 180 square feet, with a minimum width of nine feet. In addition, space necessary for aisles, maneuvering and drives shall be provided and shall be so arranged as not to interfere with pedestrian or motor traffic on the public street or highway. Parking requirements shall be as specified in Schedule A, which has previously been made a part of this chapter,[1] and in accord with the following:
Parking out-of-doors.
The following vehicles shall be prohibited from parking or from being stored out-of-doors in any residential district, except for the purpose of making deliveries, if such vehicles are actively assisting in an emergency such as a fire or accident or if the vehicles are located upon the premises of a business, and used in the connection therewith, which has been in existence prior to the enactment of the Zoning Ordinance or which has a permit to operate from the Zoning Board of Appeals:
Any vehicle licensed or capable of being licensed as a tractor as defined by the New York State Department of Motor Vehicles.
Any vehicle licensed or capable of being licensed as a semitrailer which is longer than 27 feet as defined by the New York State Department of Motor Vehicles, excluding boat trailers and recreation trailers.
Parking or storage in any residential district of motor homes, recreational trailers or boats out-of-doors shall be confined to the rear or side yard and not within 10 feet of any property line.
Off-street parking for gasoline stations shall be limited to employee and customer cars which are licensed and in running condition and shall not be used for repair or sale of new or used cars.
For the purposes of computing parking requirements, floor area shall be the sum of the horizontal area within exterior walls of the several floors of a building, excluding basement, cellar and attic areas. For any building having more than one use, parking space shall be required for each use.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
Off-street loading facilities shall be provided for each commercial or industrial establishment hereafter erected or substantially altered to have a gross floor area in excess of 1,500 square feet 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 of not less than 12 feet in width by 25 feet in length and shall be located as follows:
An off-street loading space may occupy any part of any required side or rear yard, except that no such berth shall be located closer than 100 feet to any lot in any residential district unless wholly within a completely enclosed area or within a building.
§ 300-27 Other regulations: junkyards, livestock, portable storage containers, campsites.
Junkyards. All junkyards shall be governed by and comply with the laws of the State of New York relative thereto and shall obtain such permits as set forth therein.
Livestock. No new structure or shelter for the purpose of housing or sheltering livestock of any kind, except as may be normally construed to be a domestic household pet, shall be constructed within 100 feet of any adjoining lot line.
Portable storage container and storage trailer. Portable storage containers and storage trailers may be allowed for a time period not to exceed 12 months and must be used incidental to permitted construction. The storage unit must meet all setbacks and may require screening from adjacent properties at the discretion of the Zoning Enforcement Officer. No more than two six-month extensions may be granted by the Zoning Board of Appeals if the applicant can show reasonable necessity for such extension. Vertical stacking of containers is prohibited. No certificate of compliance shall be issued nor shall a certificate of occupancy be issued until the units have been removed from the premises. No more than two such units be placed on any one lot in a residential district, and no more than three units may be placed on any one lot in any commercial district.
[Added 6-13-2007 by L.L. No. 4-2007]
Campsites.
[Added 6-21-2007 by L.L. No. 11-2007]
A campsite located on a parcel without a dwelling is allowed as a conditional use; see § 300-25B(10).
§ 300-28 Other regulations: flag lots.
Flag lots may be approved by the Planning Board under site plan review whenever the land involved is of a peculiar shape or size, is subject to unreasonable property or parcel limitations, is affected by unusual topographical location or extraordinary topographical conditions, or is devoted to such use that it is impossible, impractical, or undesirable for the owner or developer to fully conform to the requirements for conventional lots. Flag lots should not be used to avoid the construction of public roads if the construction of a road is reasonable. Flag lots and/or common driveways may be approved by the Planning Board under the procedure for Site Plan Review (Chapter 243 of the Town of Trenton Code) where all of the following conditions are met:
Flag lots.
Flag lots shall be permitted in all districts and shall have a minimum width for road access of 60 feet at the intersection of the lot with the public right-of-way. The driveway or traveled access shall be centered in the flagpole or access strip.
Flag lots shall not be permitted if the owner of the lot owns adjoining vacant land which would create a conforming lot except in such cases where the combination of the vacant land and the deficient lot would create a safety hazard or hardship.
No structure shall be constructed on a flag lot unless the structure meets twice the minimum front, side and rear yard setback requirements for the zoning district. The area or distance of road access shall not be used to calculate setback requirements. The front setback shall be determined from the lot line facing or closest to the public highway, unless otherwise determined by the Planning Board. Setbacks may be increased where the Planning Board determines that the minimum setbacks are insufficient to protect the existing character of the neighborhood and adjoining properties.
The minimum lot area of flag lots shall be twice the area of conventional lots for that zoning district. The area for road access (the "flagpole") shall not be used to calculate lot size.
Flagpoles or access strips shall be at least as far away from each other as the minimum lot width for the district where located, measured at the public road frontage.
Flag lots shall not be permitted as a result of a subdivision of a parcel, except in the case of an approved cluster subdivision.
No more than one dwelling shall be permitted on a flag lot.
The access road or right-of-way in a flag lot shall be privately owned and maintained.
All utilities shall be constructed underground. Utility trenches and conduits shall not be located within the traveled way of the driveway.
Side-by-side flag lots shall utilize only one common driveway.
Buildings constructed on flag lots shall be adequately screened from each other and from other adjacent lots as determined by the Planning Board.
Common driveways. Any adjoining property owner(s) desiring to gain access to a public highway by means of a common driveway may do so only in accordance with the provisions of a site plan permit issued by the Planning Board, under the following conditions:
A common driveway shall provide access to no more than four lots.
Frontage on a common driveway may not be used to satisfy zoning frontage requirements. Each lot passed by the common driveway shall have access on a way acceptable to the Planning Board.
Design requirements for common driveways shall be the same as those for driveways under § 264-7F(5) of the Town of Trenton Subdivision Rules and Regulations. The design shall, in the opinion of the Town Engineer and/or Town Highway Superintendent, assure adequate safety and access for emergency vehicles.
A common driveway must originate on approved frontage and must observe a twenty-foot setback from the side line between the lot of origin and a lot not served by the common driveway.
The traveled way shall have a minimum width of 14 feet.
The application for a common driveway must be accompanied by an executed declaration of covenants, easements, and restrictions for its use and maintenance, in form approved by the Planning Board. Such declaration of covenants, easements, and restrictions shall state that the Town of Trenton shall not be responsible for construction or maintenance of the common driveway.
The construction of any structure is prohibited until such time as the common driveway has been constructed in accordance with the permit approval plan and until the Planning Board has written verification that all covenants, easements, and restrictions have been recorded in the Oneida County Clerk's office.
An adequate turnaround for emergency vehicles shall be provided if the common driveway exceeds 100 feet in length.
No common driveway shall be nearer than 100 feet to the intersection of any existing or proposed street. The common driveway shall not be located so as to create a traffic hazard.
All utilities shall be installed underground. Utility trenches and conduits shall not be located within the traveled way of the common driveway.
§ 300-29 Other regulations: special use permits.
[Added 8-8-2001 by L.L. No. 3-2001]
General provisions.
The Planning Board is authorized to grant special use permits pursuant to New York Town Law § 274-b, under the procedures for site plan review (Chapter 243 of the Town of Trenton Code).
The Planning Board shall have authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed special use permits, and as may be necessary to mitigate adverse environmental effects pursuant to the New York State Environmental Review Act (SEQRA). The Planning Board shall impose such conditions to assure that the proposed use is in harmony with the Zoning Code, the Comprehensive Plan, and will not adversely affect the neighborhood if such conditions and restrictions are met.
The Planning Board shall conduct a public hearing within 62 days of receipt of a completed application, including all required SEQRA submissions, such as an environmental impact statement, if required. The date of such public hearing and the date by which the Board's decision is due may be extended by mutual consent of the applicant and the Board.
Special use permits to be considered by the Planning Board, where provided for in the respective district as shown in the Zoning Schedule,[1] are as follows:
Telecommunications facilities.
Purpose and intent.
The purpose of this subsection is to establish predictable and balanced regulations for the siting of telecommunications facilities in order to accommodate the growth of such facilities while protecting the public against any adverse impacts on aesthetic resources and the public safety and welfare. The Town of Trenton seeks to accommodate the need for telecommunications facilities while regulating their location and number, minimizing adverse visual impacts through proper design, siting and screening, avoiding potential physical damage to adjacent properties and compelling joint use of tower structures, where possible.
The Town also seeks to minimize the total number of telecommunications towers in the community by encouraging shared use of existing and future towers, requiring advance planning for siting future towers, and the use of existing tall buildings and other high structures, in order to further minimize adverse visual effects from telecommunications towers.
The Board shall consider the cumulative impacts of siting telecommunications facilities and limit the locations and number of such facilities to the minimum necessary to provide reasonable coverage.
This law is not intended to prohibit or have the effect of prohibiting the provision of personal wireless services nor shall it be used to unreasonably discriminate among providers of functionally equivalent services consistent with current federal regulations.
Review authority.
The Planning Board is hereby authorized to review and approve with modifications or disapprove special use permits for telecommunications facilities consistent with New York Town Law § 274-b. The purpose of these supplemental regulations is to promote the health, safety and general welfare of the residents of the Town, to provide standards for the safe provision of telecommunications consistent with applicable federal and state regulations, and to protect the natural features and aesthetic character of the Town, and to limit the impact of utility development in the Town, all as set forth in the Town's Comprehensive Plan.
Except as provided below, no telecommunications facility shall hereafter be erected, moved, reconstructed, changed or altered and no existing structure shall be modified to serve as a telecommunications facility, except after obtaining a special use permit in conformity with this subsection.
Telecommunication antennas placed on existing telecommunications towers or on existing structures do not require a special use permit unless modified in such a way as to increase their height, or a new accessory structure would be built.
The Planning Board may waive any or all of the requirements for approval for applicants proposing minor changes to existing facilities, including collocation of antennas or structures, and for applicants proposing the use of camouflage for a telecommunications tower, when the Board finds that such camouflage significantly reduces visual impact to the surrounding area. The Board may, at its discretion, waive the requirement that a public hearing be held on the applications for minor changes or collocation.
No building permit shall be issued until the applicant provides proof that space on the facility has been leased or will be operated by a provider licensed by the FCC to provide service in the area.
General criteria. No permit relating to a telecommunications facility shall be authorized by the Planning Board unless it finds that such facility:
Is necessary to provide reasonably adequate service to locations that the applicant is not able to serve with existing facilities;
Is in accordance with a master plan submitted by the applicant describing the location of all future facilities anticipated in the Town, and such master plan shall reflect a minimum number of sites necessary for the provision of adequate service, taking into account collocation possibilities;
Conforms to all applicable regulations promulgated by the Federal Communications Commission, Federal Aviation Administration, and other federal agencies;
Will be designed and constructed in a manner which minimizes visual impact to the extent practical;
Is the most appropriate site among those available within the technically feasible area for the location of a telecommunications facility; and
Cannot be collocated on an existing facility or located on an existing structure.
Submission requirements. In addition to items required by the Site Plan Review Law (Chapter 70), the applicant shall provide the following documentation, particular items of which may be waived by the Board if determined unnecessary for a particular project:
Project participants.
Provide the names, addresses, phone and fax numbers of the following involved parties, as appropriate:
The landowner of the project site to be purchased or leased;
The service provider-corporate and point of contact [include the FCC license number and certificate of need as a public utility (as/if applicable)];
Engineering consultant(s);
Legal representative(s); and
Other authorized service providers proposing to collocate on the tower now or in the near future.
Where collocation is proposed, provide the names, addresses and phone numbers of the current owner(s) of the tower, building or structure upon which the collocation was considered or is proposed.
Site description.
Provide a narrative description of the proposed project site, including:
Existing site improvements, including access, utilities, and the presence of existing towers, buildings, or other structures;
Vegetative cover [e.g., plant cover types, species, tree types (average minimum, and maximum], relative condition (health) of the vegetation and tree stand density/slopes;
Soils and the depth to bedrock;
Wetlands and surface water bodies;
Site drainage;
Any special plant and animal habitats contained on the NYSDEC Natural Heritage Program database; and
Any historic or archeological resources on the site and any historic resources adjacent to the site.
Where collocation is proposed, provide to-scale site plans and elevations of the existing tower, building or structure to be used for collocation; provide plans, elevations, and details showing the proposed electronic communications facilities and existing antennas located on the tower.
Site plan and construction details.
Provide a detailed, labeled, and to-scale site plan that includes the following information:
Scale, North arrow, date and name of preparer;
Project site boundaries (if part of a larger parcel, include a map of the larger, parent parcel and the location of the area to be acquired or leased for the project);
Abutting property owners, names and addresses;
All bodies of water; wetlands; permanent or intermittent streams; and mean high water mark for larger water bodies on or adjoining the project site;
Existing and proposed topographic contours at two-foot intervals in and within 200 feet of all proposed areas to be disturbed;
All existing and proposed buildings, structures, roads, utilities, and driveways;
Existing vegetation cover types and tree lines;
The proposed limits of vegetation disturbance and/or clearing related to the proposed construction of the site access, tower, and accessory structures;
All trees four inches or greater in size [diameter at breast height (DBH)] to be removed;
[Amended 9-26-2012 by L.L. No. 10-2012]
All proposed plantings; and
All existing and proposed drainage and erosion control and stormwater management facilities.
For any new or improved access roads or driveways, provide a grading plan, and identify the construction material(s) (e.g., gravel, asphalt).
Provide detailed constructions plans and elevation of the proposed tower, antennas, equipment shelters (enclosed building, structure, cabinet, shed or box to contain batteries and electrical equipment); show all foundations, piers, structural supports, cross arms, guy wires and anchors, antenna mounting mechanisms and signage; label the size, material and provide color samples of all towers, antennas, and accessory structures (e.g., equipment shelters, security fencing, signage).
Site access, construction and operation. Describe the type, location, and size of any road and/or driveway providing existing and proposed access to the proposed tower site; describe any proposed temporary or permanent improvements, including any proposed vegetation removal, site drainage, crossing of streams or wetlands and installation of impervious, paved surfaces and utilities.
Environmental/visual impact analysis. Provide a full environmental assessment form (EAF), together with a visual impact analysis for the proposed project (visual EAF pursuant to SEQR) with particular attention to visibility from key viewpoints within and outside the municipality.
Telecommunications data.
The search ring map with alternate sites marked.
Existing cellular/PCS coverage propagation plot showing existing operational neighboring sites up to five miles beyond the boundary of the municipality.
Propagation study showing coverage at different tower heights.
All proposed sites that are not the subject of the current application.
A description of the applicant's long-range plan in siting of other facilities with the Town, including the number and location of future anticipated sites.
All alternate sites (one plot per proposed site, antenna elevation at the required height) evaluated by the applicant.
A narrative of sufficient detail to demonstrate why individual sites are deemed not viable (technical and/or visual) and why the proposed site stands as the best visual prospect of all the alternate sites.
History plot of "busy hour" capacity approaching sector capacity.
Propagation plots to demonstrate the area of coverage of the existing base transceiver station sites and the proposed capacity sites and alternative sites if applicable (one plot per site).
[Amended 9-26-2012 by L.L. No. 10-2012]
A narrative or outline that addresses the antenna height required for the new capacity site and the reduction of antenna height (if so proposed) that results at neighboring sites.
Describe existing utility services (e.g., electric, telephone, etc.) to the project site and any improvements necessary to construct and operate the proposed project.
Identify all permits or approvals necessary from local, state or federal agencies for this proposed project; provide names and phone numbers of key points of contact with said agencies; provide copies of written approvals and other permits received.
Provide documentation from the New York State Office of Parks, Recreation and Historic Preservation that the project will not have any impact on archeological or any structures or areas eligible for inclusion on the National or New York State Historic Registers. If the Historic Preservation Office determines that there is a potential for impacts to archeological or historic resources, then provide their recommendations for mitigation of those resources.
Provide documentation from the New York State Department of Environmental Conservation regarding the presence of any protected species (Natural Heritage information).
Collocation. The shared use of existing telecommunications towers or other structures shall be preferred to the construction of new facilities. Any special use permit application, renewal or modification thereof shall include proof that reasonable efforts have been made to collocate within an existing telecommunications facility or upon an existing structure within reasonable distance, regardless of municipal boundaries, of the site. The applicant must demonstrate that the proposed telecommunications facility cannot be accommodated on existing telecommunications facilities due to one or more of the following reasons:
The planned equipment would exceed the structural capacity of existing and approved telecommunications facilities or other structures, considering existing and planned use for those facilities;
The planned equipment would cause radio frequency interference with other existing or planned equipment, which cannot be reasonably prevented;
Existing or approved telecommunications facilities or other structures do not have space on which proposed equipment can be placed so it can function effectively and reasonably;
Other technical reasons make it impracticable to place the equipment proposed by the applicant on existing facilities or structures; and
The property owner or owner of the existing telecommunications facility or other structure refuses to allow such collocation or requests an unreasonably high fee for such collocation compared to current industry rates.
Fall zones. Telecommunications facilities shall be constructed so as to minimize the potential safety hazards and located in such a manner that if the facilities should fall, it will remain within the property boundaries and avoid habitable structures, public streets, utility lines and other telecommunications facilities.
Setbacks. Telecommunications facilities shall comply with all existing setbacks within the affected zone. Setbacks shall apply to all tower parts, including guy wire anchors, and to any accessory facilities. Additional setbacks may be required by the Planning Board to contain on-site substantially all icefall or debris from tower failure and/or to preserve privacy of adjoining residential and public property.
Lighting. Towers shall not be artificially lighted except to assure human safety as required by the Federal Aviation Administration (FAA). Notwithstanding, an applicant may be compelled to add FAA-style lighting and marking if in the judgment of the Planning Board, such a requirement would be of direct benefit to public safety. The Board may choose the most appropriate lighting and marking plan from the options acceptable by the FAA at that location. The applicant must provide both standard and alternative lighting and marking plans for the Board's review.
Visibility and aesthetics.
The maximum height for telecommunications towers permitted under this article, including any antennas or other devices extending above the tower, measured from the ground surface shall be 190 feet.
Towers shall be a galvanized finish or painted gray above the surrounding tree line and painted gray, green, black or similar colors designed to blend into the natural surroundings below the surrounding tree line unless other standards are required by the FAA. Towers should be designed and sited so as to avoid, whenever possible, application of FAA lighting and painting requirements. Accessory uses shall maximize use of building materials, colors and textures designed to blend with the natural surroundings.
The project shall be designed to blend with the natural and/or man-made surroundings to the maximum extent practicable.
Structures offering slender silhouettes (i.e., monopoles or a guyed tower) may be preferable to freestanding lattice structures except where such freestanding structures offer capacity for future shared use. The Planning Board may consider the type of structure being proposed and the surrounding area.
The applicant must examine the feasibility of designing a proposed telecommunications tower to accommodate future demand for additional facilities.
Vegetation and screening.
Existing on-site vegetation shall be preserved to the maximum extent possible, and no cutting of trees exceeding four inches in diameter shall take place prior to approval of the special use permit. Clear-cutting of all trees in a single contiguous area shall be minimized to the extent possible.
The Planning Board may require appropriate vegetative buffering around the fences of the tower base area, accessory structures and the anchor points of guyed towers to buffer their view from neighboring residences, recreation areas, waterways, historic or scenic areas, or public roads.
Access and parking.
A road and parking will be provided to assure adequate emergency and service access. Maximum use of existing roads, public or private, shall be made. Road construction shall be consistent with standards for private roads and shall at all times minimize ground disturbance and vegetation cutting. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential.
Equipment or vehicles shall not be stored on the facility site.
Signage. The use of any portion of a telecommunications facility for signs for promotional or advertising purposes, including but not limited to company name, phone numbers, banners, streamers, and balloons, is prohibited. The Planning Board may require the installation of signage with safety information.[2]
Security.
Towers, anchor points around guyed towers, and accessory structures shall each be surrounded by fencing not less than six feet in height.
There shall be no permanent climbing pegs within 15 feet of the ground.
Motion-activated or staff-activated security lighting around the base of a tower or accessory structure entrance may be provided if such lighting does not project off the site.
A locked gate at the junction of the accessway and a public thoroughfare may be required to obstruct entry by unauthorized vehicles. Such gate must not protrude into the public thoroughfare.
Engineering standards.
All telecommunications facilities shall be built, operated and maintained to acceptable industry standards. Each application must contain a site plan for the facility containing the signature of an engineer licensed by the State of New York.
Every facility shall be inspected at least every second year for structural integrity by a New York State licensed engineer. A copy of the inspection report shall be submitted to the municipality.
Abandonment and removal.
At the time of submission of the application for a telecommunications facility the applicant shall submit an agreement to remove all antennas, driveways, structures, buildings, equipment sheds, lighting, utilities, fencing, gates, accessory equipment or structures, as well as any tower used as a telecommunications facility, if such facility becomes technologically obsolete or ceases to perform its originally intended function for more than 12 consecutive months. Upon removal, the land shall be restored to its previous condition, including but not limited to the seeding of exposed soils. The Planning Board has discretion to modify this requirement.
The applicant and/or landowner may, in the discretion of the Board, be required to furnish a bond for the benefit of the Town and/or property owner to cover the cost of removal and reclamation of the property.
Home occupation.
[Added 6-13-2007 by L.L. No. 2-2007]
Purpose and intent.
Some business activities may take place in a home as part of residential use and are not considered home occupations. Other activities are considered home occupations which are accessory activities to uses in residential zones. They have special regulations to assure that they will not be a detriment to the character and quality of the surrounding neighborhood. The regulations are also intended to assure that the residential use and that the residential appearance of the dwelling are maintained. The regulations recognize that there are many types of professions and occupations which may be performed in a home with no significant effect on the surrounding neighborhood.
Home occupations have several benefits. They allow opportunities for start-up and cottage businesses as well as those businesses that provide local services, such as child care. This reduces the number of work trips and conserves energy. Home occupations allow people to work and care for a member of their family at the same time. This also allows more people to remain at home during the day and oversee the neighborhood, thus increasing neighborhood safety.
Use-related regulations.
Home office.
Home offices are an allowed use without the need to obtain Town permits if all of the following conditions are met:
The business is conducted entirely within the dwelling.
The business is clearly incidental, secondary or subordinate to the residential use.
Residential members of the household are the only employees.
The exterior of the dwelling shows no visible evidence that a business is conducted within.
There is no exterior sign.
Home occupation. Home occupations are an allowed use if they meet the following conditions and a Town permit is issued:
Allowed uses. The intent of this section is to establish performance standards for all accessory home occupations rather than to limit the uses to a specific list. Uses which comply with the standard of this chapter are determined by the Planning Board under site plan review. Any home occupation which is deemed detrimental to the character of the neighborhood will be denied.
Even if a permit is issued for a home occupation, all New York State building codes are fully enforceable. The Planning Board encourages the applicant for home occupation to discuss this matter with the Town Zoning Enforcement Officer and Building Code Officer.
Hours. Customers may visit the site only during the hours set by the Planning Board based on the use, with the underlying premise that the home occupation will not change the character of the neighborhood.
No more than one person not residing in the dwelling unit may be employed in the home occupation.
The home occupation shall not exceed 15% of the floor area of the primary structure.
Inventory and supplies shall not occupy more than 50% of the area permitted to be used as a home occupation.
The home occupation shall not involve any operation considered to be hazardous.
Traffic. Traffic shall not be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood.
Congestion. The Planning Board may, for certain uses, impose conditions (such as limiting the number of vehicles on the site plan at any given time) to protect adjacent residential uses from extensive activity, noise and congestion.
Site-related standards.
Signs. One sign not to exceed six square feet in size will be allowed. Placement and design of the sign shall be reviewed by the Planning Board.
Exterior display of goods or equipment is prohibited.
Appearance of structure and site. The dwelling and site must remain residential in appearance and character. External changes which will cause the dwelling to appear less residential in nature or function are not allowed. Examples of such alterations include construction of parking lots or the addition of commercial type exterior lighting.
Impact-related standards.
The New York State Property Maintenance Code must be followed.
The dimensions, power rating, noise or weight of equipment may not exceed normal household sizes.
Vehicles associated with the home occupation will be limited based on the neighborhood. Such vehicles must comply with overnight parking requirements set forth in § 300-26A(1) of this chapter.
Home occupation permits. A site plan review and approval must be obtained for all home occupations prior to their establishment to ensure the following:
Permit renewal. Each home occupation permit shall be subject to review and renewal by the Planning Board for no longer than a three-year period. The review period will be set at the time of the initial permit. Upon noncompliance with the conditions of the original permit or the requirements of this chapter, such permit may be revoked by the Planning Board. The procedure for revocation of a permit is as follows:
The Zoning Enforcement Officer shall inspect the home occupation to determine if all conditions of the permit are met.
If the Zoning Enforcement Officer determines that the conditions have not been met or have been violated, the Zoning Enforcement Officer will cite the property owner and give him 30 days to comply.
If such violations have not been corrected or if the property owner feels he is in compliance with the conditions and disagrees with the determination of the Zoning Enforcement Officer, the Planning Board will be notified.
The Planning Board must schedule a hearing within 30 days' and upon 10 days' public notice as prescribed by law.
The Planning Board shall hear any and all information and evidence provided by the Zoning Enforcement Officer and by the property owner and any other interested parties.
The Planning Board shall render a decision within 30 days of such hearing.
Duration of permit. A home occupation permit may be issued only to a person intending to conduct such occupation, and if such person is not the owner of the premises, the owner shall be a party to the application. Both existing and future home occupation permits shall be personal and shall not be transferable to any other person or any other property and shall expire upon discontinuance of the home occupation by the person to whom it is issued.
Game club; conservation area. Clubs or organizations which include a firearm range or other area intended for the discharge of firearms are an allowed special use only when they meet the following conditions. The purpose of these provisions is to provide for the health, safety and welfare of the general public and that of the residents of adjoining and nearby properties.
[Added 4-18-2013 by L.L. No. 3-2013]
Newly proposed firearm ranges.
New ranges shall be designed in accordance with the current edition of the National Rifle Association Range Source Book.
The range design site plan will be reviewed by the Planning Board in accordance with provisions defined in Chapter 243, Site Plan Review. At the conclusion of the review a special use permit shall be approved, approved with modification or denied. If so modified or denied, the modifications and or denial must be based upon safety criteria or standards as set forth in the National Rifle Association Range Source Book, and be fully explained in the written decision.
Within 12 months of the issuance of the special use permit and each 12 months thereafter, the range may be inspected by the Town and examined for compliance to the approved special use permit.
Town approved ranges. Changes to the layout and design of any approved ranges, except routine maintenance measures, shall require resubmission of the plans and reissuance of a special use permit in accordance with this section.
Existing ranges. All existing ranges either approved or nonconforming shall be provided a period of 48 months to comply with the safety recommendations as suggested by the National Rifle Association's Range Department's Range Evaluation Report. Notwithstanding § 300-23, the implementation of safety improvements shall not be considered an addition or an expansion of a nonconforming use.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.