Walton Town City Zoning Code
ARTICLE V
Supplementary Regulations
General |
§ 200-22 Applicability.
Land uses and activities in the Town of Walton which are regulated by this chapter shall be subject to additional requirements and to limitations and exceptions as set forth in this Article V.
Lot Character |
§ 200-23 Required open space or yard.
A.
No area necessary under this chapter to satisfy area, yard, or other open space requirements in relation to any lot, building, or use shall be counted as part of required open space in relation to any other lot, building or use.
B.
Every part of a required open space or yard shall be open and unobstructed, except for ordinary building projections of sills, chimneys, eaves, and unroofed steps, provided that no such projections extend more than three feet into the required yard. Fences, stonewalls, trees, and shrubbery are also accepted.
§ 200-24 Vision clearance at intersections.
No obstruction to vision, such as shrubbery, brush, trees, earth, or structures, shall be permitted at road intersections within the triangle formed by the intersections of road center lines and a line drawn between points along such lines 30 feet distant from their point of intersection.
§ 200-25 Landscaping requirements.
A.
Where any permitted nonresidential land use, multiple-family development or mobile park abuts an existing residential parcel or a vacant parcel where residential development could occur, a strip of land at least 20 feet wide shall be maintained as a landscaped area in a front, side and/or rear yard.
B.
Required landscaping shall be installed and maintained in a healthy growing condition and shall take the form of any or all of the following: shade trees, deciduous shrubs, evergreens, well-kept grassed areas or ground cover.
§ 200-26 Calculation of lot coverage.
In determining percentage of building coverage of a lot or size of yard, all principal buildings, roofed porches, garages, carports, other accessory building and paved parking and driveway areas shall be included.
§ 200-27 Zero lot line.
When multiple-family dwelling construction takes the from of townhouse units, where each unit has one or both side walls in common with an adjacent unit, the side yard requirements shall double and shall apply only to the end unit in the row.
§ 200-28 Corner and through lots.
Front-yard setbacks and minimum road frontages are required on both road fronts. The two remaining yards shall be designated by the applicant as to which will be the rear yard and which will be the side yard.
§ 200-29 Flag lots.
Flag lots may be permitted by the Planning Board during the subdivision review process, where appropriate, to allow for economical development of back land areas and only under the follow conditions:
A.
The access strip of land shall be a minimum of 60 feet wide and shall not exceed a grade of 10%.
B.
The minimum lot area, lot width and lot depth requirements shall be met exclusive of the land contained in the access strip.
C.
Minimum front, side and rear setback requirements shall be met, excluding the narrow access strip.
D.
No more than one flag lot shall be served by a single access strip.
E.
Access strips shall be a minimum distance apart of at least the minimum lot width in the zoning district.
F.
Access strips shall not be a right-of-way, but shall be owned in fee title by the owner of the flag parcel.
G.
No more than 10% of the lots in a residential subdivision shall be flag lots.
§ 200-30 Lot size averaging on a single parcel.
Any parcel that exists legally on the day of the effective date of this chapter in the R-2 or R-5 District of the Town of Walton which is not subject to restrictions or covenants to the contrary may be divided without a variance under the following conditions, all of which must be met by such divisions:
A.
The average size of all lots created by such division shall not be less than two acres in the R-2 District and five acres in the R-5 District.
B.
No lot shall be created with an area less than one acre, and, in any case, no more that 20% of the total number of parcels permitted shall be undersized.
C.
Minimum road frontages and building setbacks shall be in accordance with the respective district regulations.
D.
All lots created that are less than the minimum lot area normally required shall be required to prove suitability for on-site sewage disposal and water supply systems in accordance with § 200-36 of this chapter.
E.
All divisions occurring under this section shall be classified and reviewed as either a minor or major subdivision under Chapter 180, Subdivision of Land.
F.
No further division of any lot created by such division shall be allowable if such further division would result in an average size of less than two acres or five acres, respectively, for all lots created from the original parcel on record.
Uses, General |
§ 200-31 Principal building per lot.
A.
There shall be only one principal building per lot, except that, where a sufficiently large parcel exists, additional principal buildings may be established, provided each such structure has an identifiable land area which satisfies the lot area, frontage, and setback requirements of the regulations of the district in which it is located. In the cases of one- and two-family dwellings, a building permit application shall not be issued until it has been referred to the Planning Board and said Board finds the application meets the requirements of this subsection.
B.
No part of any yard or area required for one building or use shall be included as part of the yard or area similarly required for any other building or use.
C.
Application for a building permit shall show the outline of land associated with second or subsequent principal buildings, with the proposed location of such buildings.
D.
The identified land area associated with each principal building shall be sufficient to provide for an independent water supply and sewage system in accordance with the requirements of § 200-36.
§ 200-32 Height exceptions.
The height limitations of these regulations shall not apply for barns and silos, private home antennas, spires, belfries, cupolas, water tanks, ventilators, chimneys, solar equipment, windmills, transmission towers, flagpoles, skylights, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.
§ 200-33 Structures to have access.
Every building hereafter erected or moved shall be on a lot adjacent to a public street or with access to a street shown on an approved subdivision plat, and all structures shall be as located on lots as to provide safe and convenient access for servicing, fire protection, and required off-street parking.
§ 200-34 Off-street parking requirements.
A.
For every building hereafter erected, altered or changed in use, there shall be provided off-street parking spaces as set forth in the following:
Use | Required Parking Spaces |
|---|---|
Dwelling unit (1- and 2-family) | 2 parking spaces per dwelling unit on the same lot with the main building |
Dwelling unit (multifamily) | 1 and 1/2 parking spaces per dwelling unit in the building(s) rounded off to the next highest whole number |
Business and professional office, home occupation | 2 parking spaces, plus 1 space for every 300 square feet of office area |
Retail and service establishment | 1 parking space for every 90 square feet of floor area devoted to sales, plus 1 space for each employee |
Eating and drinking establishment | 1 parking space for every 3 seats, plus 1 space for each employee |
Industrial, wholesales, warehouse storage, freight and trucking uses | 1 parking space for every motor vehicle used directly in the business, plus additional parking as required by the Planning Board |
House of worship and other places of public assembly | 1 parking space for every 4 seats |
Hotels/motels | 1 parking space per room, plus 1 space for every employee |
Unspecified uses | As required by the Planning Board based on use intensity, turnover, customers, employees and vehicles used |
B.
Except for one-family and two-family dwellings, all off-street parking spaces are to be arranged so that backing movements take place entirely within the parking area.
C.
Dimensional requirements. Each parking space shall have a minimum width of nine feet and a minimum length of 18 feet and shall be served by suitable aisles to permit access and automobile maneuverability into all parking spaces. Total parking area must provide a minimum of 240 square feet per parking space, including access, egress and circulation.
D.
Location of facility. All off-street parking facilities required under this chapter shall be constructed on or adjacent to the site of main use or on a lot adjoining the main use or directly across the road.
E.
Off-street loading requirements. All commercial and industrial structures erected after the adoption of this chapter shall provide adequate off-street loading facilities. Such facilities shall be sufficient in size to eliminate the projection of vehicles into a road right-of-way.
§ 200-35 Performance standards.
In all districts, uses are not permitted which exceed the following standards measured at the individual property line. The Planning Board under its powers of site plan review and approval shall decide whether uses meet the standards. Uses shall meet state air and water pollution standards and shall not:
A.
Emit noxious gases which endanger health, comfort, safety, or welfare of any person, or have a tendency to cause injury or damage to property, business or vegetation.
B.
Create vibration detectable to normal senses on adjoining properties.
C.
Create glare by lighting or signs which could impair a driver's vision.
D.
Cause harmful of toxic waste to be discharged into sewer, streams, or bodies of water, or to be stored on said property.
§ 200-36 Sewage disposal and water supply.
Unless connection to a municipal wastewater treatment system is available and utilized, construction of one- and two-family residences is allowed only on lots adequate to on-site sewage disposal and water supply systems conforming to the requirements of the New York State Department of Health publication "Water Treatment Handbook, Individual System," as amended. This requirement must be met independently of the minimum lot size allowed in any district and may require an increase in lot size for conformance.
A.
Subsurface sewage disposal systems of the septic tank/absorption field or seepage pit types are strongly preferred. Alternative designs usually involve increased risk of groundwater contamination and will be allowable only when constructed in accordance with a design prepared by a licensed professional engineer or registered architect and approved by the State Health Department prior to the issuance of any building permit.
B.
Absorption fields, seepage pits or alternate means for sewage disposal shall be sited to provide the specified minimum distances to existing wells on adjacent properties and to probable future well locations on adjacent properties.
C.
Residences for three or more families, commercial, industrial, and institutional structures, and mobile home parks containing five or more units shall conform to the applicable sections of the New York State Building Code.
§ 200-37 Permit for temporary uses and structures.
A.
The Planning Board may authorize the issuance of a temporary permit by the Code Enforcement Officer for incidental and nonconforming uses as follows:
(1)
Temporary uses incidental to a construction project. Such uses and structures may include the storage of building material and equipment.
(2)
Temporary real estate sales office for the sale of property on the premises.
(3)
Other similar temporary incidental uses.
B.
Permit shall be conditioned upon agreement by owner to remove use on expiration of permit. Such permit shall be authorized for a period of one year and may be extended for two similar periods when the Code Enforcement Officer finds such work has been diligently pursued.
§ 200-38 Abandonment of construction and excavation.
A.
Within three months following a construction project or the demolition or abandonment of a building or structure, all construction materials shall be removed from the site and excavation filled to normal grade by owner.
B.
Unfenced excavation shall not be permitted for a period in excess of 60 days.
C.
If the owner fails to cover over or fill such excavation after 30 days' notice by the Building Inspector, the Town Board may order said excavation to be covered or filled and shall charge the owner of said property any costs connected therewith.
§ 200-39 Minimum habitable floor area.
[Amended 1-8-2024 by L.L. No. 1-2024]
A.
One-family and two-family dwellings shall have a habitable floor area of at least 500 square feet per dwelling unit. An accessory dwelling unit shall have a habitable floor area of at least 350 square feet and a maximum habitable floor area of 900 square feet.
B.
No habitable rooms are permitted in basements of multiple-family dwellings unless a separate outside entranceway is provided to all habitable areas.
§ 200-40 Environmental quality review.
The State Environmental Quality Review Act[1] requires that local governments examine the environmental impact of all actions they permit, fund, or construct. Article 8 and Part 617 of Title 6 of the New York Code of Rules and Regulations are hereby adopted by reference.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
§ 200-41 Uses not permitted.
Any use not specifically permitted as a principal, accessory or special permit use shall be deemed to be prohibited.
Uses, Specific |
§ 200-42 Accessory buildings.
A permitted accessory building or structure, except for farm purposes, may be located in any required side or rear yard, provided:
A.
Such building shall be set back 25 feet from any line lot and at least 10 feet from the main building. No accessory building for structures shall project nearer to the front lot line than the principal building.
B.
No zoning permit is required for any accessory uses less than 144 square feet.
§ 200-43 Accommodations.
The following dimensional requirements are based upon the number of bedrooms (units) for a particular accommodation type facility, including those uses denoted in Schedule I of this chapter.[1]
Number of Units (bedrooms) | R-2 District | R-5 District | ||||
|---|---|---|---|---|---|---|
Minimum Lot Size (acres) | Minimum Frontage (feet) | Side/Rear Setback (feet) | Minimum Lot Size (acres) | Minimum Frontage (feet) | Side/Rear Setback (feet) | |
0 to 5 units | 2 | 200 | 25 | 2 | 250 | 25 |
6 to 10 units | 3 | 200 | 50 | 5 | 250 | 50 |
11 to 25 units | 5 | 250 | 75 | 5 | 250 | 75 |
26 to 50 units | 10 | 300 | 100 | 10 | 300 | 100 |
Over 50 units | 15 | 300 | 100 | 15 | 300 | 100 |
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
§ 200-44 Bulk storage.
Petroleum bulk storage tanks with a capacity of greater than 1,100 gallons shall comply with the Petroleum Bulk Storage Regulations adopted by the New York State Department of Environmental Conservation, and as may be amended.
§ 200-45 Campgrounds.
A.
Before a special permit for a campground can be issued, there must be evidence that all State Health Department regulations for campgrounds shall be met.
B.
A minimum of 10 acres of land will be used for campground.
§ 200-46 Dish antennas.
A.
All dish antennas shall be located in either the side or rear yards unless the owner can prove his/her only window of reception is the front yard. In the event that no window of reception is available on the ground, such antenna may be place on the roof of the dwelling.
B.
The location and design of the dish antenna shall minimize the visual impact on adjacent property as determined by the Code Enforcement Officer, appealable to the Zoning Board of Appeals.
§ 200-47 Exterior lighting.
In no case shall any exterior lighting be directed toward the highway so as to interfere with the vision or attract the attention of the driver of a motor vehicle, nor shall the light be directed toward any other lot or cause excessive illumination of adjacent lots.
§ 200-48 Farm labor dwelling.
On any parcel meeting the definition of "farm," one farm labor dwelling may be permitted for each 50 acres.
§ 200-49 Home occupations.
Must meet the following conditions:
A.
The occupation or activity shall be carried on wholly within the principal building or other structure accessory thereto. An area equivalent to no more than 25% of the floor area of the dwelling shall be used for the occupation. Such area shall be within the dwelling or another structure accessory thereto. No outdoor storage is permitted.
B.
The occupation shall be carried on by the occupant of the dwelling, and not more than three persons outside the residence household shall be employed in the occupation or as assistants.
C.
There shall be no exterior display or sign except as permitted under this chapter, no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the lot or of the surrounding neighborhood.
D.
The occupation shall not produce any offensive odor, noise, vibration, smoke, dust, heat, electrical interference or glare detectable to normal sensory perception outside the structure.
E.
Any need for parking generated by the occupation shall be met off the street and in accordance with the regulations of this chapter.
F.
No more than one home occupation shall be permitted in association with a dwelling.
§ 200-50 Junkyards.
All junkyards, wrecking yards, or places for the collection of waste materials or inoperable equipment shall conform to the following requirements:
A.
All such yards, enclosures or areas used for such collection or storage shall be enclosed by an opaque fence, designed to obstruct view from outside, which is at least eight feet in height and entirely surrounds such yard or area.
B.
Materials shall not be collected or stored on a hillside of greater than 10% slope, on a floodplain or within 100 feet of any stream bed.
C.
Materials stored or collected shall not be stacked or piled to a height greater than the closest eight-foot opaque fence.
D.
Operation of a junkyard is conditional upon the granting of any annual operating license from the Town Board in accordance with Section 136 of the General Municipal Law and this section of this chapter.
E.
The outdoor storage of two or more unregistered motor vehicles no longer intended or in condition for legal use, or major portions of such vehicles and/or a comparable quantity of inoperable machines, implements, or appliances, or two or more unregistered travel trailers vehicles or camping vehicles shall require licensing as a junkyard. The outdoor storage of one or more uninhabitable mobile homes shall require licensing as a junkyard unless structures are in use for permitted nonresidential or accessory auxiliary uses.
F.
Inoperable agricultural equipment or machinery stored on an operating farm for future restoration or for use as a source of spare parts for other equipment in use on the farm shall not be subject to the above provisions of this section.
G.
Dumps, where paper, garbage, rubbish, trash, toxic chemicals and substances, and other waste materials are disposed, shall meet the requirements of Chapter 102, Dumps and Dumping, of the Code of the Town of Walton.
§ 200-51 Mineral extraction.
In any district, the removal of more than 1,000 tons per year of soil, sand, gravel or quarried stone for sale, except when incidental to, or connected with, construction of a building on the same premises, requires a New York State Department of Environmental Conservation (DEC) permit. A special permit from the Town of Walton is required for the aforementioned excavating and mineral extraction activities involving more than 1,000 tons per year of material, excluding bluestone quarrying. A special permit from Town of Walton is contingent upon an approved permit from DEC.
§ 200-52 Mobile homes.
Individual mobile homes shall be subject to all the regulations pertaining to detached, one-family dwellings, in addition to the following standards:
A.
The mobile home shall be provided with anchors or tie-downs, at least at the corners, attached to concrete footings installed below the frost line or embedded in concrete runners or concrete slab, which may be provided as the mobile home stand.
B.
The mobile home will be provided with skirts to screen the space between the mobile home and the stands. Such skirts shall be made of concrete block of a permanent material similar to that used in the mobile home and providing a finished exterior appearance, and shall be installed within four months from date of issuance of permit for the mobile home.
C.
Any construction or storage space, additional rooms, or enclosed patios or carports shall have a finished exterior appearance. No exposed building paper, wallboard or other impermanent and unfinished material will be permitted.
D.
The mobile home bears the seal required by the State of New York or an equivalent acceptable to the State of New York.
E.
No additions shall be made to a mobile home except a canopy and/or porch open on three sides, or an addition made by the mobile home manufacturer and/or built in conformance with New York State Uniform Fire Prevention and Building Code Regulations.
§ 200-53 Mobile home parks.
A.
Mobile home permit.
(1)
No person shall construct or operate a mobile home park without first obtaining site plan approval and a permit.
(2)
Application for a mobile home park permit shall be made to the Planning Board, and shall be accompanied by a site plan in accordance with procedures outlined in this chapter.
(3)
The Planning Board may accept, accept with recommended changes, or reject plans.
B.
Mobile home park standards.
(1)
The minimum lot area for a mobile home park shall be at least 10 acres and contain at least 8,000 square feet per mobile home site.
(2)
Sewage disposal and water supply systems shall have the approval of the New York State Department of Health and New York City Department of Environmental Protection, Bureau of Water Supply, and conform to the requirements of any ordinance or local law of the Town governing such systems, whichever is more restrictive.
(3)
The area shall be well-drained and shall have such grades and soil as to make it suitable for mobile homes.
(4)
No mobile home shall be less than 30 feet from any other mobile home. Porches, carports, decks and additions shall not intrude into this 30 feet.
(5)
Each mobile home site shall provide an approved water supply system and underground electrical service approved by New York State Electric and Gas and New York State Board of Fire Underwriters.
(6)
Garbage and refuse shall be collected and removed from the premises at least once a week. All refuse shall be stored in flytight, watertight, rodent-proof containers, which shall be located not more than 15 feet from any mobile home.
(7)
A public telephone shall be provided for each mobile home park, and fire extinguishers, approved by the local fire district officers, shall be furnished so that no mobile home shall be more distant than 15 feet from such extinguisher.
(8)
The outside burning of garbage, trash, or rubbish is prohibited.
(9)
All mobile homes and other structures shall be set back at least 50 feet from the right-of-way line of any public road or property line and 25 feet from any internal access street.
(10)
All access roads within a mobile home park must be at least 30 feet wide and built to subdivision regulation road standard.
(11)
Off-street parking spaces shall be provided, containing at least 180 square feet per space. Two such spaces shall be furnished for each mobile home and finished to an all-weather surface, such as gravel.
(12)
All entrances and exits, internal access streets and public spaces shall be adequately illuminated.
(13)
A strip of land at least 20 feet wide shall be maintained as a landscaped area abutting mobile home park property lines, inclusive of that portion of said property fronting a public road.
(14)
The operator of a mobile home park shall keep a register in which there shall be noted the name and permanent address of the owner of every mobile home situated in the park, the registration number of same, the date it was admitted, and the date of its removal. Such register shall be signed by the owner of the mobile home or the person bringing the same into the park.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(15)
The Planning Board may require the reservation of a recreational area for exclusive use of the residents therein. The allowance of recreational land shall not exceed 200 square foot of recreational land per mobile home unit.
(16)
The sale of mobile homes shall be permitted at any properly licensed mobile home park.
(17)
Each mobile home shall have a sign on the lot, not exceeding one square foot, identifying the mobile home owner and lot number.
(18)
All mobile homes in mobile home parks shall be installed according to the standards in § 200-52, Mobile homes.
§ 200-54 Model homes.
The Planning Board may authorize the Code Enforcement Officer to issue permits for model homes, either in the singular or on several parcels of land later offered for sale. Homes shall meet setback requirements. Model homes on display for the public to visit and inspect, and not intended to be sold as is, shall be required to meet all setback requirements and shall provide for adequate off-street parking spaces as prescribed by this chapter.
§ 200-55 Public utility facilities.
Public utility substations, and similar structures, shall comply with the following:
A.
The facility shall be surrounded by a fence set back from property lines in conformance with district regulations for front, side and rear yards.
B.
A landscaped area at least 20 feet wide shall be maintained in front, side and rear yards.
C.
There shall be no equipment visible from surrounding properties.
D.
Utility poles and attendant lines will be allowed, as necessary, in all districts.
§ 200-56 Parking, storage or use of recreational equipment.
A.
Recreational vehicles or other equipment may be parked or stored on any parcel of land, provided it complies with front, side and rear setback requirements.
B.
No such equipment shall be used for living, sleeping, or housekeeping in excess of 14 days per month when parked or stored on an individual parcel or in any location, except an approved campground, without a building permit.
§ 200-57 Parking and storage of certain vehicles.
No more than one automotive vehicle or trailer of any kind or type without current license plates shall be parked or stored on any lot other than in completely enclosed buildings. Farm equipment shall be exempt if located on an operating farm.
§ 200-58 Signs.
A.
Definitions. For the purpose of this article, certain terms and words pertaining to signs are hereby defined.
ACCESSORY SIGN
A sign relating only to uses on the premises on which the sign is located, or products sold on the premises on which sign is located or indicating the name or address of a building or the occupants or management of a building on the premises where the sign is located.
DETACHED SIGNS or GROUND SIGN
A sign not attached to or painted on a building, but which is affixed to the ground. A sign attached to a flat surface, such as a fence or wall, not a part of a building shall be considered a "detached sign."
DOUBLE-FACED SIGN
A sign with two parallel, or nearly parallel, faces, back to back, and located not more than 24 inches from each other.
FLASHING SIGN
An illuminated sign on which the artificial or reflected light is not maintained stationary and constant in intensity and color at all times when in use. Any sign which revolves or moves, whether illuminated or not, shall be considered a "flashing sign."
FLAT SIGN or WALL SIGN
Any sign attached to and erected parallel to the face of, or erected or painted on the outside wall of, a building and supported throughout its length by such wall or building and not extending more than 18 inches from the building wall.
GENERAL ADVERTISING SIGN
Any sign which is not an accessory sign or which is not specifically limited to a special purpose by these regulations. A billboard is a large general advertising sign.
ILLUMINATED SIGN
Any sign designed to give forth artificial light or designed to reflect light from one or more sources of artificial light erected for the purpose of providing light for the sign.
INDIRECTLY ILLUMINATED SIGN
A sign which does not produce artificial light from within itself but which is opaque and backlighted or illuminated by spotlights or floodlights not a part of or attached to the sign itself, or a sign of translucent, nontransparent material illuminated from within but with no exposed or exterior bulbs, tubes or other light source.
MARQUEE SIGN
Any sign attached to or hung from a marquee. For the purpose of this section, a "marquee" is a covered structure projecting from and supported by the building, with independent roof and drainage provisions and which is erected over a doorway or doorways as protection against the weather.
SIGN
An identification, description, illustration, or device which is affixed to or represented directly or indirectly upon a building, structure, trailer, motor vehicle, wagon, or land and which directs attention to a product, place, activity, person, institution or business.
SIGN AREA
That area within a line, including the outer extremities of all letters, figures, characters and delineations, or within a line, including the outer extremities of the framework or background of the sign, whichever line includes the larger area. The support for the sign background, whether it be columns, a pylon or a building, or part thereof, shall not be included in the sign area. Only one side of a doubled-faced sign shall be included in a computation of sign area. The area of a cylindrical sign shall be computed by multiplying 1/2 of the circumference by the height of the sign.
SIGN FACE
The area or display surface used for the message.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
SIGN, HEIGHT OF
The vertical distance from the road grade or the average lot grade at the front setback line, whichever is greater, to the highest point of the sign.
B.
General provisions. The following regulations apply generally to all signs and are in addition to the regulations contained elsewhere in this chapter.
(1)
No sign, unless herein accepted, shall be erected, constructed, posted, painted, altered or relocated, except as provided in this section and in these regulations, until a permit has been issued by the Code Enforcement Officer (CEO). Before any permit is issued, an application especially provided by the CEO shall be filed, together with a sketch or drawing and/or specification as may be necessary to fully advise and acquaint the CEO with the location, construction, materials, manner of illuminating and/or securing or fastening, and number of signs applied for.
(2)
Structural and safety features and electrical systems shall be in accordance with requirements of the applicable codes and ordinances.
(3)
The following signs are exempted from the provisions of these regulations and may be erected or constructed without a permit but in accordance with the structural and safety requirements of the Building Code.
(a)
Official traffic signs or sign structure and provisional warning signs or sign structures, when erected or required to be erected by a governmental agency, and temporary signs indicating danger.
(b)
Changing of the copy on a bulletin board, poster board, display encasement or marquee.
(c)
Temporary nonilluminated signs not more than 32 square feet in area, advertising real estate for sale or lease or announcing contemplated improvements of real estate, and located on the premises: one such sign for each road frontage.
(d)
Temporary nonilluminated signs not more than 32 square feet in area, erected in connection with new construction work and displayed on the premises during such time as the actual construction work is in progress: one such sign for each road frontage.
(e)
Nonilluminated signs, not exceeding 10 square feet in area, with letters not exceeding one foot in height, painted, stamped, perforated or stitched on the surface area of an awning, canopy, roller curtain or umbrella.
(f)
Nonilluminated signs warning trespassers or announcing property as posted.
(g)
Signs advertising a special civic or cultural event such as a fair or exposition, play, concert or meeting, or fund-raising campaign, sponsored by a governmental or charitable organization.
(h)
Special decorative displays used for holidays, public demonstrations or promotion for nonpartisan civic purposes.
(i)
Special sales promotion displays, in a district where such sales are permitted, incidental to the opening of a new business, provided that such displays last no longer than two weeks.
(4)
Pennants, banners, streamers, and all other fluttering, spinning or similar-type signs and advertising devices are allowed, providing they are maintained and kept in good repair.
(5)
No flashing signs or exposed gas-filled or illuminated tubing, such as neon, shall be permitted in any district.
(6)
No sign which is not an integral part of the building design shall be placed on the roof of a building, and no projecting sign shall extend over or above the roofline parapet wall of a building.
(7)
No sign shall be constructed, erected, used, operated or maintained which:
(a)
Displays intermittent lights resembling or seeming to resemble the flashing lights customarily associated with danger or such as are customarily used by police, fire, or ambulance vehicles or for navigation purposes.
(b)
Is located and so illuminated as to provide a background of colored lights blending with traffic signal lights to the extent of confusing a motorist when viewed from normal approaching position of a vehicle at a distance of 25 feet to 300 feet.
(8)
Except as otherwise specifically provided in these regulations, all signs shall be subject to the provisions of Article VIII, governing nonconforming uses.
(9)
Except as otherwise provided, these regulations shall be interpreted to permit one sign of each permitted type, in accordance with applicable regulations, for each road frontage for each permitted use on the premises. For the purpose of this regulation, sign types are flat (or wall), detached (or ground), projecting and marquee signs, or special-purpose signs specifically listed in the district regulations.
(10)
Except as otherwise provided, any sign may be a flat, detached or projecting sign, and, except as otherwise provided, no detached sign shall exceed a height of 20 feet.
(11)
Sign of permitted types and sign area may be placed on walls of buildings other than the front, except on side or rear walls facing, and within 100 feet of, a residential district.
(12)
Unless otherwise specified in these regulations, all signs shall comply with the yard requirements of the district in which they are located, provided that one accessory sign may occupy required yards in a district where such sign is permitted by these regulations, if such sign is not more than 32 square feet in area, and other requirements of these regulations are complied with.
(13)
No sign, portable or otherwise, is to be placed or located or conflict with the vision clearance or other requirements of applicable traffic ordinances.
(14)
No sign shall be attached to trees, utility poles or any other unapproved supporting structure.
(15)
The owner and/or tenant of the premises and the owner and/or erector of the sign shall be held responsible for any violation of these regulations.
(16)
All signs shall be maintained in good condition and appearance. After due notice has been given as provided below, the Code Enforcement Officer (CEO) may cause to be removed any sign which shows gross neglect or becomes dilapidated.
(17)
The CEO shall remove or cause to be removed any sign erected or maintained in conflict with these regulations if the owner or lessee of either the site or the sign fails to correct the violation within 30 days after receiving written notice of violation from the CEO. Removal of a sign by the CEO shall not affect any proceedings instituted prior to removal of such sign.
§ 200-59 Swimming pools.
A.
Accessory to single-family dwelling. Swimming pools, whether permanent or portable, having a depth of at least two feet, shall meet the front setback requirement.
B.
Accessory to residential developments. Swimming pools accessory to residential developments, whether clustered single-family dwellings, seasonal dwellings, bungalow colonies, camps or multifamily dwellings, shall be of permanent construction and shall be located not closer than 50 feet to any lot line and not closer than 50 feet to any dwelling unit and shall meet the front setback requirement.
C.
Nonresidential. Swimming pools that are part of nonresidential uses, whether commercial or noncommercial, such as hotels, motels, clubs, campgrounds, day-use recreational facilities or institutions, shall be of permanent construction and shall be located not closer than the setback requirement for the district in which they are located.
D.
Fencing. Fencing of swimming pools shall comply with the New York State Uniform Fire Prevention and Building Construction Code requirement.
§ 200-60 Establishments selling beverages.
No establishment selling alcoholic beverages for on-site or off-site consumption shall be located within 1,000 feet of a building used as a school, church, synagogue, or place of worship.
§ 200-61 Wind energy facilities.
A.
Purpose. The purpose of this section is to provide for the construction and operation of wind energy facilities in Town of Walton, subject to reasonable conditions that will protect the public health, safety and welfare.
B.
Applicability. The requirements of this section shall, in the event of any state or federal requirements to allow for the placement of wind energy facilities in the Town, apply to all wind energy facilities proposed, operated, modified, or constructed within the Town, including modification of existing wind energy facilities and wind measurement towers erected for the purposing of testing the feasibility of wind energy generation.
C.
Permits. No wind energy facility shall be constructed, reconstructed, modified, or operated in the Town of Walton except by first obtaining a wind energy facility permit as provided under this section. No permit or other approval shall be required under this chapter for mechanical, nonelectrical wind turbines utilized for applicants' on-site agricultural activities. Replacement in kind or modification of a wind energy facility may occur without Planning Board approval when there shall be no increase in total height; no change in the location of the wind turbine; no additional lighting or change in facility color; and no increase in noise produced by the wind turbine. No transfer of any wind energy facility or wind energy facility permit, or sale of the entity owning such facility, shall eliminate the liability of an applicant nor of any other party under this chapter.
D.
Application requirements. A complete application for a wind energy facility permit shall include:
(1)
A copy of an executed interconnection agreement with NYISO and the applicable transmission owner (if available at the time of the application).
(2)
A completed application for a wind energy facility permit.
(3)
A site plan prepared by a licensed professional engineer, including:
(a)
Property lines and physical dimensions of the site.
(b)
Location, approximate dimensions and types of major existing structures and uses on the site, public roads, and adjoining properties within 500 feet of the boundaries of any proposed wind turbines, or 1 1/2 times the total height of such wind turbines, whichever shall be greater.
(c)
Location and elevation of each proposed wind turbine.
(d)
Location of all above- and below-ground utility lines on the site, as well as transformers, the interconnection point with transmission lines, and other ancillary facilities or structures.
(e)
Locations of buffers as required by this chapter.
(f)
Location of the nearest residential structure(s) on the site and located off the site, and the distance from the nearest proposed wind turbine.
(g)
All proposed facilities, including access roads, electrical substations, storage or maintenance units, and fencing.
(4)
A vertical drawing of the wind turbine showing total height, turbine dimensions, tower and turbine colors, ladders, distance between ground and lowest point of any blade, location of climbing pegs, and access doors. One drawing may be submitted for each wind turbine of the same type and total height. The make, model, picture and manufacturer's specifications, including noise decibels data, and material safety data sheet documentation for all materials used in the operation of the equipment shall be provided for each proposed wind turbine.
(5)
A lighting plan showing any FAA-required lighting and other proposed lighting.
(6)
Erosion and sediment control and stormwater management plans prepared to New York State Department of Environmental Conservation standards, if applicable; to New York City Environmental Protection standards, if applicable; and to any standards as may be established by the Town of Walton Planning Board on the recommendation of its Town Engineer or consultants (at the time of the application, the plans may be submitted as conceptual plans which identify the design parameters).
(7)
A construction schedule describing commencement and completion dates, including a traffic analysis with a description of the routes to be used by construction and delivery vehicles and the gross weights and heights of those loaded vehicles.
(8)
An operations and maintenance plan providing for regular periodic maintenance schedules, staffing, chemical usage, property maintenance, any special maintenance requirements and procedures and notification requirements for restarts during icing events.
(9)
A decommissioning plan that addresses the anticipated life of the wind turbine, the estimated decommissioning costs, the method of ensuring funds shall be available for decommissioning and restoration, the method by which decommissioning cost shall be kept current, and the manner in which the wind turbine shall be decommissioned and the site restored, less any fencing or residual minor improvements requested by the landowner.
(10)
List of property owners, with their mailing address, within 500 feet of the outer boundaries of the proposed site.
(11)
A complaint resolution process to address complaints from nearby residents. The process may use an independent mediator or arbitrator and shall include a time limit for acting on a complaint. The applicant shall make every reasonable effort to resolve any complaint. The Walton Planning Board in conjunction with the Walton Code Enforcement Officer will be charged with mediating any complaints and their resolutions after structures are in place. The applicant will make themselves available to this process for the life of the structures.
(12)
A Full Environmental Assessment Form, as provided by the New York State Environmental Quality Review Act (SEQRA)[1] shall be prepared for the wind energy facility. This full environmental assessment shall, at a minimum, include:
(a)
A study of potential shadow flicker, including a graphic to identify locations where shadow flicker may be caused by the wind turbines and expected durations of the flicker at these locations. The study shall identify areas where shadow flicker may interfere with residences and describe measures to be taken to eliminate or mitigate problems.
(b)
A visual impact study of the proposed wind turbines as installed, which may include a computerized photographic simulation and digital elevation models demonstrating visual impacts from strategic vantage points. Color photographs of the site accurately depicting existing conditions shall be included. The visual analysis shall also indicate color treatment of system components and any visual screening to be incorporated into the project to lessen the system's visual prominence.
(c)
A fire protection and emergency response plan, created in consultation with the fire department(s) having jurisdiction over the proposed site, as well as Delaware County Emergency Services.
(d)
A noise analysis by a competent acoustical consultant documenting the noise levels associated with the proposed wind turbine, existing noise levels at site property lines and at the nearest residence not on the site. The noise analysis shall include low-frequency noise. The applicant shall also submit plans for post-development noise monitoring.
(e)
Evidence of potential impacts on neighboring property values compiled by a licensed appraiser based on experience at other locations, extrapolating that evidence to analyze potential impacts on property values near the site.
(f)
An assessment of potential electromagnetic interference with microwave, radio, television, personal communication systems and other wireless communication.
(g)
An assessment of the impact of the proposed development on the local flora and fauna, including migratory and resident avian species.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
E.
Wind energy facility development standards. The following standards shall apply to wind energy facilities in the Town of Walton, unless specifically waived by the Planning Board.
(1)
All power transmission lines from the tower to any building or other structure shall be located underground to the maximum extent practicable.
(2)
No television, radio or other communication antennas may be affixed or otherwise made part of any wind turbine, except with approval by the Town of Walton Planning Board. Applications may be jointly submitted for wind turbine and telecommunications facilities.
(3)
No advertising signs are allowed on any part of the wind energy facility, including fencing and support structures.
(4)
No tower shall be lit except to comply with Federal Aviation Administration (FAA) requirements. Minimum-security lighting for ground-level facilities shall be allowed as approved on the wind energy facility development plan.
(5)
All applicants shall use measures to reduce the visual impact of wind turbines to the extent possible. Wind turbines shall use tubular towers. All structures in a project shall be finished in a single, nonreflective, matte-finished color or a camouflage scheme. Wind turbines within a multiple wind turbine project shall be generally uniform in size, geometry, and rotational speeds. The rotation of turbine blades should all be of one direction, either clockwise or counterclockwise. No lettering, company insignia, advertising, or graphics shall be on any part of the tower, hub, or blades.
(6)
Guy wires shall not be permitted except to address unique safety issues and then only with specific permission by the Planning Board in the form of a waiver.
(7)
Wind turbines shall be located in a manner that minimizes electromagnetic interference with signal transmission or reception for radio, television, or wireless phone or other communication systems. If it is determined a wind turbine is causing electromagnetic interference, the operator shall take necessary corrective action to eliminate this interference and/or take such other measures to ensure the affected parties have adequate reception. Failure to remedy electromagnetic interference is grounds for revocation of the wind energy facility permit for the specific wind turbine or wind turbines causing the interference.
(8)
All construction and ongoing debris shall be removed from the site or otherwise disposed of in a manner acceptable to the Planning Board and Code Enforcement Officer.
(9)
Wind turbines shall be designed to minimize the impacts of land clearing and the loss of important open spaces. Development on agricultural lands shall follow the Guidelines for Agricultural Mitigation for Wind Power Projects, published by the State Department of Agriculture and Markets, to the maximum extent practicable.
(10)
Wind turbines shall be located in a manner that minimizes significant negative impacts on rare animal species in the vicinity.
(11)
Wind turbines shall be located in a manner that minimizes shadow flicker on any off-site residences.
F.
Required site safety measures.
(1)
All wind turbines 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.
(2)
Wind energy facilities shall be gated or fenced to prevent unrestricted public access to the facilities and reduce any attractive nuisance aspects or otherwise secured in a manner acceptable to the Planning Board.
(3)
Warning signs shall be posted at the entrances to the wind energy facility and at base of each tower warning of electrical shock or high voltage and containing emergency contact information.
(4)
No climbing pegs or tower ladders shall be located closer than 15 feet from the ground level at the base of the structure for freestanding single-pole or guyed towers.
(5)
The minimum distance between the ground and any part of the rotor or blade system shall be 30 feet.
(6)
Wind turbines shall be designed to prevent unauthorized external access to electrical and mechanical components and shall have access doors that are kept securely locked at all times.
G.
Traffic routes and road maintenance.
(1)
Construction and delivery vehicles for wind turbines and/or associated facilities shall propose, and the Planning Board shall approve or modify, designated traffic routes to minimize traffic impacts from construction and delivery vehicles, wear and tear on local roads and impacts on local business operations.
(2)
The applicant is responsible for remediation of damaged roads upon completion of the installation or maintenance of a wind turbine. A public improvement bond may be required prior to the issuance of any building permit in an amount, determined by the Planning Board, sufficient to compensate the Town for any damage to Town or county roads if any of these roads will be among the designated traffic routes. The applicant shall consult with the Town Highway Superintendent and/or the Delaware County Department of Public Works to obtain a written recommendation for bonding form and amount, which form and amount shall be approved by the Planning Board.
(3)
The applicant shall provide predevelopment and post-development photographic evidence of the condition of any Town or county roads along the proposed route.
H.
Setbacks.
(1)
Each wind turbine shall be set back a distance of 500 feet or 1 1/2 times the total height of the wind turbine, whichever shall be greater, from any public road, any residences, permanent lodging facility, public building, church and other institution. No wind turbine shall be located within its own total height of a site boundary line.
(2)
The statistical sound pressure level generated by a wind turbine shall not exceed L90 - 45 dBA measured at the nearest residence located off the Site. Sites can include more than one piece of property, and the requirement shall apply to the combined properties. A ten-minute time interval shall be used as the standard time period over which to measure the sound pressure. Independent verification by an acoustical engineer certified with the Institute of Noise Control Engineering shall be provided before construction, demonstrating compliance with this requirement.
(3)
In the event audible noise due to wind energy facility operations contains a steady, pure tone, such as a whine, screech, or hum, the standards for audible noise set forth in Subsection H(2) of this section shall be reduced by five dBA. A pure tone is defined to exist if the 1/3 octave band sound pressure level in the band, including the tone, exceeds the arithmetic average of the sound pressure levels of the two contiguous 1/3 octave bands by five dBA for center frequencies of 500 hertz and above, by eight dBA for center frequencies between 160 hertz and 400 hertz, or by 15 dBA for center frequencies less than or equal to 125 hertz.
(4)
Should the ambient noise level (exclusive of the development in question) exceed the applicable standard given above, the applicable standard shall be ambient dBA plus five dBA. The ambient noise level shall be expressed in terms of the highest whole number sound pressure level in dBA, which is exceeded for more than six minutes per hour. Ambient noise levels shall be measured at the exterior of potentially affected existing residences, schools, hospitals, churches and public buildings. Ambient noise level measurements shall be performed when wind velocities at the proposed project site are sufficient to allow wind turbine operation.
I.
Noise and setback easements.
(1)
An applicant may, with approval from the Planning Board, meet noise and setback standards by obtaining written consents from affected property owners stating they are aware of the wind energy facility and the noise and/or setback limitations imposed by this section, and that consent is granted to allow noise levels to exceed the maximum limits provided herein or reduce setbacks to less than required.
(2)
Such consents shall be in the form required for easements and be recorded in the County Clerk's Office, describing the benefited and burdened properties. Such easements shall be permanent and shall state that they may not be revoked without the consent of the Planning Board, which consent shall be granted upon either the decommissioning of the benefited wind turbine in accordance with this law, or the acquisition of the burdened parcel by the owner of a benefited parcel or the wind turbine company.
J.
Issuance of wind energy facility permits.
(1)
The Planning Board shall, within 120 days of determining the application is complete and completion of SEQRA and upon consideration of the standards in this section and the record of the SEQRA review, issue a written decision with the reasons for approval, conditions of approval or disapproval fully stated. This time period may be extended with consent of the applicant. Should the applicant not consent to such an extension and the time period elapse without a decision, the application shall be considered approved without conditions.
(2)
If approved, the Planning Board shall direct the Town Code Enforcement Officer to issue a wind energy facility permit upon satisfaction of all conditions for said permit, and upon compliance with the New York State Building Code, if applicable.
(3)
The decision of the Planning Board shall be filed within 15 days in the office of the Town Clerk and a copy mailed to the applicant by first-class mail.
(4)
If any approved wind energy facility is not substantially commenced within four years of issuance of the wind energy facility permit, the wind energy facility permit shall expire, unless the Planning Board shall have granted an extension.
K.
Abatement.
(1)
If any wind turbine remains nonfunctional or inoperative for a continuous period of 24 months, the applicant shall remove said system at its own expense following the requirements of the decommissioning plan. Removal of the system shall include at least the entire aboveground structure, including transmission equipment and fencing, from the property. This provision shall not apply if the applicant demonstrates to the Town that it has been making good-faith efforts to restore the wind turbine to an operable condition, but nothing in this provision shall limit the Town's ability to order a remedial action plan after public hearing.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
Nonfunction or lack of operation may be proven by reports to the Public Service Commission, NYSERDA, New York Independent System Operator, or by lack of income generation. The applicant shall make available (subject to a nondisclosure agreement) to the Planning Board all reports to and from the purchaser of energy from individual wind turbines, if requested and necessary to prove the wind turbine is functioning, which reports may be redacted as necessary to protect proprietary information.
(3)
The applicant, or successors, shall continuously maintain a fund or bond payable to the Town, in a form approved by the Town, for the removal of nonfunctional towers and appurtenant facilities, in an amount to be determined by the Town, for the period of the life of the facility. This fund may consist of a letter of credit from a State of New York licensed financial institution or an interest-bearing escrow account. All costs of the financial security shall be borne by the applicant. All decommissioning bond requirements shall be fully described in the decommissioning plan. After application and construction of turbines, the applicant or successors shall work with the Planning Board and Code Enforcement Officer to update the fund/bond so that it is consistent with Subsection D(9) of this regulation. This should be done at a minimum of every 10 years after construction is complete.
L.
Limitations on approvals. Nothing in this section shall be deemed to give any applicant the right to cut down surrounding trees and vegetation on any property to reduce turbulence and increase wind flow to the wind energy facility. Nothing in this section shall be deemed a guarantee against any future construction or Town approvals of future construction that may in any way impact the wind flow to any wind energy facility. It shall be the sole responsibility of the facility operator or owner to acquire any necessary wind flow or turbulence easements or rights to remove vegetation.
M.
Permit revocation.
(1)
The applicant shall fund periodic noise testing and overall inspections by a qualified, independent, third-party acoustical measurement consultant, which may be required as often as biannually, or more frequently, upon request of the Code Enforcement Officer, in response to complaints by neighbors. The scope of the noise testing shall be to demonstrate compliance with the terms and conditions of the wind energy facility permit and this section and shall also include an evaluation of any complaints received by the Town. The applicant shall have 90 days after written notice from the Code Enforcement Officer to cure any deficiency. An extension of the ninety-day period may be considered by the Code Enforcement Officer, but the total period may not exceed 180 days.
(2)
A wind turbine shall be maintained in structurally operating condition at all times, subject to reasonable maintenance and repair outages. "Operational condition" includes meeting all noise requirements and other permit conditions. Should a wind turbine become inoperable, or should any part of the wind turbine be damaged, or should a wind turbine violate a permit condition, the owner or operator shall remedy the situation within 90 days after written notice from the Code Enforcement Officer. The applicant shall have 90 days after written notice from the Code Enforcement Officer to cure any deficiency. An extension of the ninety-day period may be considered by the Code Enforcement Officer, but the total period may not exceed 180 days.
(3)
Should a wind turbine not be repaired or made operational or brought into permit compliance after said notice, the Town Board may, after a public meeting at which the operator or owner shall be given opportunity to be heard and present evidence, including a plan to come into compliance, order either remedial action within a particular time frame, or order revocation of the wind energy facility permit for the wind turbine and require its removal within 90 days. If the wind turbine is not removed, the Town Board shall have the right to use the security posted as part of the decommissioning plan to remove the wind turbine.
N.
Wind measurement towers.
(1)
Installation of wind measurement towers, also known as "anemometer towers," shall be permitted, upon the issuance of a wind energy facility permit, to determine the wind speeds and the feasibility of using particular sites. The distance between a wind measurement tower and the property line shall be at least 1 1/2 times the total height of the tower. Wind energy facility permits for wind measurement towers shall be issued for a period of two years and shall be renewable upon application to the Planning Board. An application for a wind measurement tower shall include:
(a)
Name, address, telephone number and signatures of the applicant and agent for the applicant, if any.
(b)
Name, address, telephone number and signature of the property owner along with written authorization by the property owner to submit the application.
(c)
Proposed development plan.
(d)
Decommissioning plan, including a security bond for removal, should the tower not be converted to permanent use for wind energy generation.
(2)
Other development standards as set forth above for wind energy facilities shall be applied to the maximum extent practicable, as determined by the Planning Board, recognizing the temporary nature of wind measurement towers. The Planning Board's approval of the wind measurement tower application is considered a Type 2 action under SEQRA.
O.
Small wind turbines. The Planning Board is hereby authorized to approve, approve with conditions, or disapprove small wind turbine applications designed for residential, farm, institutional and business use on the same parcel. Such applications shall be processed in the same manner as those prescribed above for all wind energy facilities, but may be appropriately modified by the Planning Board to reflect the scale of the proposed facility. All small wind turbines shall comply with the following standards and, to the maximum extent practicable, with all other requirements of this section not in conflict herewith:
(1)
A system shall be located on a lot a minimum of one acre in size; however, this requirement can be met by multiple owners submitting a joint application.
(2)
Only one small wind turbine per acre shall be allowed.
(3)
Small wind turbines shall be used primarily to reduce the on-site consumption of electricity.
(4)
Total heights shall be a maximum of 150 feet.
(5)
Tower-climbing apparatus shall be located no closer than 12 feet from the ground, a locked anti-climb device shall be installed on the tower, or a locked, protective fence of at least six feet in height that encloses the tower shall be installed to restrict tower access.
(6)
Anchor points for any guy wires for a system tower shall be located within the property that the system is located on and not on or across any aboveground electric transmission or distribution lines. The point of attachment for the guy wires shall be enclosed by a fence six feet high or sheathed in bright orange or yellow covering from three to eight feet above the ground.
P.
Fees.
(1)
Permit fee for commercial WECS permit: $100 per megawatt of rated maximum capacity.
(2)
Retention of expert assistance and reimbursement by applicant.
(a)
The Town may hire any consultant and/or expert necessary to assist the Town in reviewing and evaluating the application, including but not limited to site inspections, the construction and modification of the sites, once permitted, and any requests for recertification.
(b)
An applicant shall deposit with the Town funds sufficient to reimburse the Town for all reasonable costs of consultant and expert evaluation and consultation to the Town in connection with the review of the application.
[1]
The initial deposit shall be $8,500 and shall be placed with the Town preceding the preapplication meeting.
[2]
The Town shall maintain a separate escrow account for all such funds. The Towns consultants/experts shall invoice the Town for their services in reviewing the application, including the modification of the site, once permitted.
[3]
If, at any time during the process, this account has a balance of less than $2,500, the application shall immediately, upon notification by the Town, replenish said escrow account so that it has a balance of at least $5,000. Such additional escrow funds shall be deposited with the Town before any further action or consideration is taken on the application.
[4]
In the event that the amount held in escrow by the Town is more than the amount of the actual invoicing at the conclusion of the project, the remaining balance shall be promptly refunded to the applicant.
Q.
Tax exemption. The Town hereby exercises its right to opt out of the tax exemption provisions of Real Property Tax Law § 487, pursuant to the authority granted by paragraph 8 of that law.
§ 200-61.1 Accessory dwelling unit.
[Added 1-8-2024 by L.L. No. 1-2024]
A.
Purpose and intent. It is the specific purpose of this section to aid the general welfare of the Town by providing a variety of housing opportunities; particularly:
(1)
For our aging population to "age in place;"
(2)
To create housing expansion for our local workforce;
(3)
To provide options for young and older families;
(4)
To allow the more efficient use of the Town's existing stock of dwellings and accessory structures;
(5)
To provide economic support for resident families of limited income; and
(6)
To protect and preserve property values while preserving the rural character of the Town.
B.
Definitions. As specifically apply to this section.
ACCESSORY DWELLING UNIT
A subordinate dwelling unit having its own kitchen and bathroom facilities located either within the principal residence unit, (inclusive of garage if attached thereto), or within an approved detached accessory structure and meeting the requirements of habitable space as defined by the New York State Uniform Fire Prevention and Building Code. For the purpose of this code, accessory dwelling units shall have a maximum number of one bedroom.
FLOOR AREA, GROSS
The sum of the gross horizontal areas of the several floors of the building or buildings on a lot measured from the exterior faces of exterior walls or from the centerline of party walls separating two buildings, excluding cellar and basement areas used only for storage or for the operation and maintenance of the building.
HABITABLE SPACE
Space occupied within a dwelling unit for the purposes of living as defined by requirements of the New York State Building Code.
PRIMARY DOMICLE
A resident's true, principal, and permanent home and a legal construct used to determine where a resident votes, files lawsuits, pays taxes, claims benefits, and obliges governmental authority.
PRINCIPAL DWELLING UNIT
A building or entirely self-contained portion thereof containing complete housekeeping facilities for only one family, including any domestic servants employed on the premises, and having no enclosed space (other than vestibules, entrance or other hallways or porches) or cooking or sanitary facilities in common with any other dwelling unit.
C.
Authorization. The Town Board authorizes the Code Enforcement Officer to issue zoning determination to property owners per the provisions of this section. All accessory dwelling units are subject to requirements for residential building permits.
D.
Zoning districts. Accessory dwelling units as defined herein shall be permitted in the R-2 and R-5 zoning districts as a permitted accessory use. To apply for a permit, the accessory dwelling unit shall be located on the same parcel as the primary residential dwelling unit. In the determination of permitting, the construction or conversion intended to create an accessory dwelling unit shall demonstrate that is clearly incidental and secondary to the primary residential dwelling unit so as to preserve the appearance of the primary dwelling and the single-family character of the primary residential dwelling unit and of its neighborhood. The accessory dwelling unit shall always be considered an accessory use and subordinate to the primary residential dwelling unit.
E.
Lot requirements. The following lot requirements shall apply:
(1)
An accessory dwelling unit located in the principal dwelling unit, having common foundation with the primary dwelling unit, connected to the principal structure shall not be included in the density calculation as permitted under the schedule of district regulations.
(2)
An accessory dwelling unit located in a legally built detached structure, preexisting or new construction, shall require a 50% additional density calculation as permitted under the schedule of district regulations.
(3)
A detached structure where an accessory dwelling unit is proposed shall meet the setbacks for the zoning district in which it is located or be granted an area variance.
(4)
All other standards of the schedule of district regulations shall apply.
F.
Prohibitions. Accessory dwelling units shall be prohibited:
(1)
On parcels utilized for two-family or multifamily dwelling units.
(2)
On parcels where the principal use is commercial or industrial.
(3)
On parcels with an existing or proposed primary dwelling unit that are non-conforming with regards to lot size.
(4)
Accessory dwelling units shall not be permitted as a short-term transient rental use.
G.
Owner occupancy. The owner of the parcel on which an accessory dwelling unit is located shall maintain their primary domicile in either the principal or the accessory dwelling unit. The owner of the parcel shall file with the Code Enforcement Officer on or before July 1 of each year an affidavit in the form prescribed by the Town Attorney certifying that the primary and accessory units are in compliance with the occupancy standards and the other requirements of this section.
H.
Certificate of occupancy. An accessory dwelling unit may not be located on a parcel where a current building violation exists unless the legalization or creation of the accessory dwelling unit will cure the violation. All accessory dwelling units shall be on a permanent foundation.
I.
Maximum gross floor area. An accessory dwelling unit shall contain a minimum of 350 square feet and shall not exceed a maximum of 900 square feet. The accessory dwelling unit shall be subordinate to the principal dwelling unit and shall not exceed 40% of the gross floor area of the principal dwelling unit or 900 square feet, whichever is more restrictive (lesser), subject to the minimum square footage.
J.
Number of accessory apartments. A maximum of one accessory dwelling unit shall be permitted on each qualifying parcel.
K.
Construction. Both the accessory dwelling unit and the principal dwelling unit shall meet the requirements of the New York State Uniform Fire Prevention and Building Code and New York State Department of Health Code.
L.
National or state register designated historic district properties. Upon building application for an accessory dwelling unit, the Code Enforcement Officer shall determine if the project is within or adjacent to a National or State Registered Historic District, Site, or Structure. If it is determined that the proposed project is located within a National or State Registered Historic District, Site, or Structure the application shall be referred to the New York State Historic Preservation Office for review and commentary.
M.
Septic. Accessory dwelling units shall require Department of Health approval for septic, prior to issuance of building permit(s) and Certificate of Occupancy. Additionally, if the parcel is located within the New York City watershed NYC DEP approval is required prior to issuance of building permit(s) and Certificate of Occupancy.
N.
Parking. No additional driveway (curb cut) shall be created for the primary purpose of serving the accessory dwelling unit. Adequate off-street parking as required by Chapter § 200-34 shall be provided for both uses and such parking shall not be located in the front yard setback.
O.
Fire and safety inspection. Accessory dwelling units shall require a biennial fire and safety inspection.
P.
Removal of accessory apartment. When an owner wishes to eliminate an accessory dwelling unit, proof of the removal of the second kitchen and the restoration to the status before the conversion shall be submitted to the satisfaction of the Code Enforcement Officer.
§ 200-62 Communication towers and/or facilities.
A.
Application requirements. Applicants for a permit to place, construct, or modify communication towers and/or facilities within the Town of Walton shall submit the following information to the Town Planning Board:
(1)
State Environmental Quality Review Act[1] (SEQRA) Environmental Assessment Form and Visual Environmental Assessment Form (Visual EAF), landscaping plan and visual assessment report, including appropriate modeling and photography assessing the visibility from key viewpoints identified in the Visual EAF, existing tree lines, potential bird mortality from migratory bird corridors, surrounding wetlands, known nesting and breeding areas, and proposed elevations. Construction of a facility shall be considered a Type 1 action under SEQRA.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
(2)
Preliminary report prepared by a licensed professional engineer describing:
(a)
Feasibility of co-location on existing structures and telecommunications facilities.
(b)
Applicant's full map and grid coverage and/or signal strengths in the Town.
(c)
Surrounding topography in relation to line of sight transmission.
(d)
Available road access, electric power and land-based telephone lines and/or microwave link capability.
(e)
Required improvements for construction activities, including those within the public's right-of-way or land or controlled by the Town of Walton.
(f)
Identity of location, ownership and usage of currently existing telecommunications facilities within the Town.
(g)
Plans for construction of telecommunications accessory equipment building or structures and landscaping.
(h)
Proposed mitigation measures for visual impacts.
(i)
Proposed safety measures.
(3)
In the case of an application for a telecommunications tower, additional information describing the telecommunications tower's height and design, including a cross section of the structure; the telecommunications tower's compliance with applicable structural standards; and the telecommunications tower's capacity, including the number and type of telecommunications antennas it can accommodate and the basis of calculation of capacity.
(4)
In the case of a telecommunications antenna mounted on an existing structure, additional information shall be provided, indicating the existing structure's suitability to accept the telecommunications antenna; the proposed method of affixing the telecommunications antenna to the structure; and complete details of all fixtures and couplings, including their precise point of attachment, shall be indicated.
(5)
Demonstration of a need for proposed telecommunications facility and, when applicable, explanation describing the impracticality of upgrading or expanding an existing site.
(6)
Demonstration that the proposed site is the most appropriate site within the immediate area for the location of the telecommunications facility.
(7)
Inventory of existing telecommunications facilities within the Town outlining opportunities for shared use as an alternative to the proposed use. The applicant must demonstrate that the proposed telecommunications tower or telecommunications antenna cannot be accommodated on an existing approved telecommunications tower or facility.
(8)
Description of the applicant's long-range plans which project market demand and long-range facility expansion needs within the Town.
(9)
Proof of certified mail announcements to all other telecommunications providers in the area, declaring the applicant's sharing capabilities and/or siting needs.
(10)
A map showing the location of the premises for which the permit is sought and sketch plan showing all features of the facility necessary for providing road access, electrical service, land-based telephone line connection and/or microwave link capability within the boundaries of the proposed location.
(11)
Certification by a New York State licensed professional engineer (PE) that the facility will comply with Federal Communications Commission (FCC) regulations for radio frequency (RF) emissions.
(12)
Such other information as may be required by the Town Planning Board or its engineer or consultant.
(13)
When available, a copy of the FCC license for the facility.
(14)
In the event that the Town Planning Board determines that the use of a professional(s) qualified to review the required plans, reports, and other technical information submitted in support of an application for a communication tower and facilities is necessary, the applicant shall establish an escrow account to reimburse the Town for the costs incurred.
(15)
Where feasible and practical, plans for the tower shall include sections which can be removed as the need for height decreases.
(16)
Where a tower is over 199 feet in height, plans shall be made to mitigate migratory bird paths affected by the tower and its lighting to minimize bird kills. This part shall include a continuing obligation to modify said tower with light patterns, ultrasound, bird diverters, predator calls, noisemakers, streamers, sleeves, balls, paint, and other methods of reducing bird kills as they become generally accepted for that purpose in the industry and financially feasible.
B.
Standards. The development of communication towers, facilities and related structures shall be permitted by approval by the Town Planning Board. Communication towers and facilities shall be subject to the following requirements.
(1)
Specific provisions.
(a)
Co-location preferred. Whenever possible, new telecommunications facilities shall be sited on existing telecommunications facilities or in areas already in use for telecommunications and/or utility distribution lines in order to preserve the aesthetic and scenic value of the Town. Except in cases where mechanical, structural or regulatory factors prevent co-location, applicants cannot be denied or denied space on a telecommunications tower, provided that the applicant pays a reasonable fee to the owner of the telecommunications tower.
(b)
Location.
[1]
Applicants for telecommunications towers shall locate, erect and site towers in accordance with the following priorities, with Subsection B(1)(b)[1][a] being the highest priority and Subsection B(1)(b)[1][e] being the lowest priority.
[a]
On existing towers or structures.
[b]
Co-location on a site with existing towers or structures.
[c]
On other properties in the Town of Walton.
[d]
On Town of Walton properties.
[e]
Other developed municipal properties:
[i]
Delaware County properties.
[ii]
New York State properties.
[2]
Upon filing an application for a permit for a telecommunications tower, the applicant shall submit a report to the Town Planning Board demonstrating the technological reason the site selection was selected. If the site selected is not the highest priority as listed above, a detailed explanation as to why sites of a higher priority were not selected shall be included in the application.
[3]
Notwithstanding the above, the Town Planning Board may approve a site location within the list of priority areas if the alternative site provides reasonable services and meets the minimum needs of the service provider and the Board, in writing, finds it is in the best interest of the health, safety, and general welfare of the Town.
(2)
Approval for personal wireless telecommunications service facilities shall be subject to the following general conditions:
(a)
Separation distance. Telecommunications facilities shall be separated by a distance of no less than 500 feet from a property line or road and no less than 1,000 feet from public buildings, day-care centers, schools, libraries, senior citizens' centers, churches, and recreational facilities.
(b)
Setbacks. All telecommunications facilities shall be set back a distance at least equal to their fall zones as certified by a New York State licensed professional engineer, plus an additional 50% of their fall zone. Additional setbacks may be required by the Town Planning Board in order to provide for the public safety, health and welfare.
(c)
Minimal visual impacts. All telecommunications towers and telecommunications antennas shall be sited to have the least possible visual effect on the environment. No tower shall be located so that the total length of the tower rises above the ridge tree canopy.
(d)
Lighting. Telecommunications towers shall not be artificially lighted unless otherwise required by the Federal Aviation Administration or other federal, state or local authority.
(e)
Material and paint. Telecommunications towers and telecommunications antennas shall be of a galvanized finish or painted gray above the surrounding tree lines, and gray or green below the tree lines; the mountings of telecommunications antennas should be nonreflective and of the appropriate color to blend with their background.
(f)
Signs. No portion of any telecommunications tower and facilities shall be used for advertising purposes.
(g)
Screening.
(h)
Vegetative screening.
[1]
Where a personal wireless telecommunications facility abuts residential or public property, the following vegetative screening shall be provided: native evergreen shrubs or trees capable of forming a continuous hedge at least five feet in height within two years of planting to effectively screen a telecommunications tower base and accessory facilities.
[2]
Additional screening may be required by the Town Planning Board to screen portions of the telecommunications tower from nearby residential property or important views.
(i)
Architectural screening. Creative design measures to camouflage facilities by integrating them with existing buildings and among other existing uses is preferred.
(j)
Height. The height of telecommunications towers should be limited to the minimum required to provide the proposed telecommunications services.
(k)
Access road. Existing roadways shall be used for access to the site whenever possible.
(l)
Telecommunications accessory structures. Telecommunications support facilities, such as vaults and equipment rooms, utilities and other support structures, shall be screened, placed underground, depressed, earth-bermed or sited below the ridgeline to the greatest extent feasible, particularly in areas of high visibility.
(m)
Telecommunications antennas. Due to their high visibility, dish and parabolic telecommunications antennas shall be located at as low an elevation as possible without compromising the function of the device, preferably on the sides of buildings or ground mounted on slopes below the ridgeline wherever possible, rather than elevated on telecommunications towers. Microwave and satellite dishes should be of mesh construction wherever possible.
(n)
Utility service. Electrical and land-based telephone and/or microwave utilities extended to serve telecommunications sites shall be underground if determined appropriate by the Planning Board.
(o)
Security provisions. Each site shall have a security program, including physical features, such as fencing, anti-climbing devices or elevating ladders on telecommunications towers, and/or monitoring, either by staff or electronic devices, to prevent unauthorized access and vandalism.
(p)
Safe zone. Telecommunications towers shall be designed so that in the event of failure, they will fall within the setback area of the site and/or away from adjacent development.
(q)
Noise. Noise-producing equipment shall be sited and/or insulated to minimize noise impacts on adjacent properties.
(r)
Annual inspection and report. Telecommunications towers over 100 feet in height shall be inspected annually by a licensed professional engineer, and a copy of the inspection report submitted to the Town Building Inspector and Town Board.
(s)
Removal. All telecommunications facilities, including, but not limited to, antennas, towers and accessory structures, shall be dismantled and removed from the site when they have been inoperative or abandoned for two years. Applicants may be required to post a bond or other suitable undertaking and shall provide a written contract with the Town agreeing to be fully responsible for removal and indemnifying the Town for the costs of removal as a condition of the site plan approval in order to guarantee removal of abandoned structures. Such bond or cash value undertaking shall be no less than 150% of the current cost of removal and shall be renewed every five years and adjusted by the Town Planning Board. Removal shall include reclamation of the tower site.
(t)
A post-installation field report identifying the facilities coverage area, the telecommunications tower's maximum capacity, committed capacity and unused capacity, if any, and co-located users of the telecommunications tower shall be submitted to the Town within 90 days of completion.
(u)
When available, a copy of the FCC license. No building permit will be issued except to a provider producing proof of an agreement for attachment with an FCC-licensed provider or a letter of intent from a provider with an FCC license.
(v)
Prior to the issuance of a building permit, a policy of liability insurance in the amount of $1,000,000, naming the Town of Walton as an additional insured, will be provided by applicant, covering the Town of Walton for damage for injury to person or property which may result from the failure of a tower or any part of it, including but not limited to costs of a legal defense or negotiation, to be continued until the facility is completely dismantled.
(w)
All towers shall provide at no cost, upon request, up to two antenna spaces for Town and county governments on the top third of a tower. These spaces shall not be leased or rented by the municipality to third parties. The Town Board may waive requirements for these spaces, with or without fees. The placement of public equipment shall be by separate lease with the provider as landlord.
(x)
Maintenance/upkeep of the parcel grounds vegetation screening and access road will be the sole responsibility of the communication tower and facilities owner and/or the parcel owner if the communication tower and facilities owner leases the property.
(3)
The Town Planning Board may grant the permit, deny the permit or grant the permit with written stated conditions.
(a)
Denial of the application shall be by written decision based upon substantial evidence submitted to the Board.
(b)
All decisions shall address the projected impact of the facility on the area, alternate sites (including existing facilities) and whether or not they are viable options, if there are existing gaps in coverage, capacity and coverage weaknesses projected for the facility, and whether or not existing facilities provide adequate service.
(4)
Application fees and other costs to the applicant shall be set by the Town Council by resolution.
C.
Appeals. Any person, firm or corporation aggrieved by any decision of the Planning Board relative to a cell tower site plan may have such decision reviewed by a special term of the Supreme Court in the manner provided by Article 78 of the Civil Practice Law and Rules.
D.
Waivers. Where the Planning Board finds that extraordinary hardship may result from strict compliance with this chapter, the Planning Board shall have the authority to vary or modify the application of any of the requirements herein, provided that any such waiver will not have the effect of nullifying the spirit and intent of this chapter.
E.
Penalties. Any person, firm, or corporation who violates any provision of this section shall be guilty of an offense against said section and subject to a fine of not more than $500 or imprisonment for a period of not more than six months, or both such fine and imprisonment for a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $500 nor more than $1,000 or imprisonment for a period of not more than six months, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $1,000 nor more than $2,000 or imprisonment for a period of not more than six months, or both. The imposition of penalties for any violation of this section shall not excuse the violation or permit it to continue. The application of the above penalty or penalties or the prosecution of the violation of the provisions of this section shall not be held to prevent the enforced removal of conditions prohibited by this section. Each week thereof shall constitute a separate and distinct violation.
F.
Fees. The application fee shall be $500.
