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Town of St. Johnsville Land Use Law of April 2010
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TOWN
OF ST. JOHNSVILLE
MONTGOMERY COUNTY
NEW YORK STATE
LAND USE LAW
April 2010
Montgomery County, New York
LAND USE LAW
The
attached Land Use Law, including Schedule “A” and Appendix “A” was
adopted by the Town Board of the Town of St. Johnsville on April 8,
2010. Note to
Land Use Officer/ Code Enforcement Officer
Due to the nature of this document
and the way districts exist in a virtual world as defined by the
written word, an onsite inspection of all proposed uses is warranted
before any permits are issued. Care must be taken to assure that any
new development or proposed use is in keeping with the intent of
this law, as defined in this document, as well as the letter of this
law.Town of St. Johnsville
Montgomery County, New York
Town Board
2010
Supervisor..........……... Dominick
Stagliano
Councilman.....………... Ronald Hezel
Councilwoman.......…… Susan Handy
Councilman.........….…..William Farber
Councilman.........….…..Ronald Millington
Planning Board
Chairman....….....……...
Dean
Handy
Member..........…….…....
Paul Flanders
Member.........…….…....
Melanie Shuster
Member………………….
Melinda
Sweet Special
thanks to James McGowen and James King (former planning board
members) for their input in creating this document.
Attorney- Norman Mastromoro Town
Clerk – Lynn Stever
TOWN OF ST. JOHNSVILLE
LAND USE LAW
TABLE OF CONTENTS
Article I.
Title
Section 1. Title
Article II.
Purposes
Section 2. Purposes and Severability
Article III.
Definitions
Section 3. General Section 4. Definitions
Article IV.
Districts and Boundaries
Section 5. Establishment of District Boundaries
Section
6.
Interpretation of District
Boundaries
Article V.
Use Regulations
Section 7. General Regulations
Garage /Lawn Sales Section 8. R- Residential District
Section
9.
A Agricultural District
Section 10.
RR-Rural
Section 11 C- Commercial Section 12. I- Industrial
Section 13.
N-P Natural Products District
Section 14. H Historic
Article VI.
Area and Height Regulations
- Lots, Yards
and Buildings
Section 15. Regulations in Schedule A
Section 16.
Area Regulations
Section 17.
Height Regulations
Article VII.
Site Plan Approval and Special
Permits
Section 18.
Purposes and Authorization
Section 19.
Developments Requiring Site
Plan Approval
Section 20.
Procedure
Section 21. Enforcement
Section 22.
Submission Requirement
Section 23. Standards for Review
Section 24.
Consultant Review
Section 25. Additional Requirements Section 26. Appeals
Section 27.
Special Permits
Article VIII.
Supplementary Regulations
Section 28.
Access to Improved Streets
Section 29.
Lots in Two Districts
Section 30.
Drive In Food Services
Section 31.
Accessory Building : Number,
Height and Location Section 32. Mineral Extraction
Section 33.
Junkyards
Section 34.
Signs
Section 35.
Permanent Building Foundations
Section 36.
Vision Clearance at Intersections
Section 37. Landscaping Requirements
Section 38
Corner and Through Lots
Section 39. Flag Lots Section 40. Environmental Quality Review
Section 41.
Dish Antennae
Section 42.
Exterior Lighting
Section 43.
Mobile Homes
Section 44.
Public Utility and Facilities
Section 45. Swimming Pools Section 45.1 Adult Oriented Businesses
Article IX.
Off-Street Parking and Loading
Section 46.
Automobile Parking Facilities
Section 47. Off-Street Loading Facilities
Article X.
Non-Conforming Uses
Section 48.
Continuation of Non-Conforming
Uses
Section 49. Non-Conforming Uses of Buildings
Section 50.
Non-Conforming Use of Land
Article XI.
Administration
Section 51. Enforcement
Section 52.
Building Permit
Section 53.
Certificate of Occupancy
Section 54.
Violations
Article XII.
Zoning Board of Appeals
Section 55.
Creation, Appointment and
Organization
Section 56. Powers and Duties
Article XIII.
Amendments
Section 57. Amendments, How Initiated
Section 58.
Referral of Amendment to Town
Planning Board
Section 59. Hearing on Proposed Amendment Section 60. Adoption of Amendment Section 61. Protect Petition
Article XIV.
Miscellaneous
Section 62. Periodic Review of Land use law Section 63. Validity Section 64. Interpretation Section 65. When Effective Section 66. Diagrams Section 67. Schedule A - Land Use Chart
Appendix A Telecommunications Tower Siting
And Special use permit
regulations.
TOWN OF St. JOHNSVILLE
MONTGOMERY COUNTY, NEW YORK
A LAW
regulating and restricting the location, construction, alteration
and use of buildings and land in the Town of St. Johnsville,
Montgomery County, New York, pursuant to the Zoning provisions of
ARTICLE 16 of the Town Law of the State of New York.
THE
TOWN OF ST. JOHNSVILLE TOWN BOARD, by virtue of the power and
authority vested in it by law, does hereby ordain and enact as
follows:
ARTICLE I - TITLE
SECTION
1 - This law shall be known and may be cited as “The Town of St.
Johnsville Land Use Law”.
ARTICLE II - PURPOSES & SEPARABILITY
SECTION
2 - This law is enacted for the following purposes:
1.
-To encourage the most appropriate
use of land throughout the
Town;
2.
-To preserve the best agricultural
land for agricultural purposes and protect the towns
agricultural base;
3.
-To provide for planned,
sustainable growth in all
classifications of land use;
4.
-To encourage aesthetically
pleasing residential
development;
5.
-To promote health and general
welfare;
6.
-To prevent overcrowding of land;
7.
-To provide adequate light and
air;
8.
-To avoid undue concentration of
population;
9.
-To secure safety from fire,
flood, panic and other dangers;
10.
-To avoid the pollution of air and
water;
11.
-To insure the gradual elimination
of non-conforming uses;
12.
-To simplify and streamline
the process of applying for
permits,
conforming to regulations, and granting
variances:
While
allowing for individual expression, creativity, and preference.
Severability:
Should any section or provision of
this law or as amended hereafter be declared by a court of competent
jurisdiction to be invalid, such decision shall not affect the
validity of the law as a whole or any part thereof other than the
part so declared to be invalid.
ARTICLE III - DEFINITIONS
SECTION
3 - General
For the
purpose of this law certain words or terms used herein shall be
interpreted or defined as follows:
Words used in the present tense shall
include the future.
The singular number includes the
plural, and the plural the singular. The word “person” includes a
corporation as well as an individual.
The word “building” includes the word
“plot” or “parcel”.
The word “used” or “occupied” as
applied to any land or building shall be construed to include the
words “built, arranged or designed to be used or occupied”.
SECTION
4 - Definitions
ACCESSORY BUILDING:
An unattached building subordinate
to the main building on a lot and used for purposes customarily
incidental to those of the main building.
ACCESSORY USE:
A use customary incidental and
subordinate to the principal use or building and located on the same
lot with such principal use or building.
ADULT ORIENTED BUSINESS:
Whenever used in this law, the
words "Adult Oriented Business" or "Adult Oriented Businesses" apply
to the following types of establishments, and any others which
exclude or restrict minors by reason of age:
ADULT BOOKSTORE OR VIDEO STORE:
An establishment having as a
substantial or significant portion of its stock-in-trade books,
magazines, other periodicals, films, slides or video tapes and which
establishment excludes or restricts minors by reason of age.
ADULT ENTERTAINMENT CABARET:
A public or private nightclub,
bar, restaurant, or similar establishment which presents topless or
bottomless dancers, strippers, male or female impersonators, exotic
dancers, or other similar entertainment, and which establishment
excludes or restricts minors by reason of age.
ADULT MOTEL:
A motel which excludes or
restricts minors by reason of age, and which makes available to its
patrons in their rooms films, slide shows or videotapes, which if
presented in a public movie theatre would exclude or restrict minors
by reason of age.
ADULT THEATRE:
A theatre that customarily
presents motion pictures, films, videotapes or slide shows, and that
excludes or restricts minors by reason of age.
MASSAGE ESTABLISHMENT:
Any establishment having a fixed
place of business where massages are administered, including but not
limited to massage parlors, sauna baths and steam baths, and which
excludes or restricts minors by reason of age.
This definition shall not be
construed to include a hospital, nursing home, medical clinic, or
the office of a physician, surgeon, chiropractor, osteopath, or duly
licensed physical therapist or massage therapist, licensed masseuse
or masseur, or barbershops or beauty salons in which massages are
administered only to the scalp, face, neck or shoulders.
This definition shall also exclude
health clubs which have facilities for physical exercise, such as
tennis courts, racquetball courts or exercise rooms, and which do
not receive their primary source of revenue through the
administration of massages.
PEEP SHOW:
A theatre which presents material
in the form of live shows, films or videotapes, viewed from an
individual enclosure, and which excludes or restricts minors by
reason of age.
ALLEY:
A minor way which is used
primarily for vehicular service access to the rear or side of
properties otherwise abutting on a street.
ANIMAL HOSPITAL/VETERINARY CLINIC:
A business that treats animals and
regularly houses them on the premises overnight and for extended
periods for treatment.
APPLICANT:
The legal, real property contract
vendee, or beneficial owner or owners of a lot or of any land
included in the proposed development.
Also, the holder of an option or
contract to purchase, or any other person having enforceable
proprietary interest in such land.
AREA, BUILDING:
The total ground area of a
principal building and accessory buildings, exclusive of uncovered
porches, parapets, steps and terraces.
BASEMENT:
A space of full story height
partly below grade and having at least half of its clear
floor-to-ceiling height above the average grade, and which is not
designed or used primarily for year-round living accommodations.
BED AND BREAKFAST:
An establishment in a private
dwelling that supplies temporary accommodations to overnight guest
for a fee.
Meals may or may not be provided.
Tourist homes and inns are
included here.
BOUNDARY: Perimeter delineation of a property
a. Temporary boundary:
Includes but is not limited to:
1. Fences of all type but stone
walls
2. Hedgerows with immature trees
3. Vegetative differences or crop
delineations
4. Any other readily movable
barrier
BOARDING OR ROOMING HOUSE:
Any
dwelling in which more than three persons, either individually or as
families are housed or lodges, except those engaged in farm work,
for hire with or without meals, and/or any dwelling with ten or less
sleeping rooms in which more than three persons, either individually
or as families, are housed or lodged, except those engaged in farm
work, for hire or otherwise, without separate kitchen facilities,
with or without meals.
If there are more than ten
sleeping rooms, such buildings shall be considered hotels.
BUFFER ZONE:
Open spaces, landscaped areas,
fences, walls, berms or any combination thereof used to physically
separate or screen one use or property from another so as to
visually shield or block noise, lights, or other nuisances.
BUILDING:
Any roofed structure intended for
the shelter, housing or enclosure of persons, animals or property.
When a building is divided into
separate parts extending from the ground up, each part so divided is
deemed a separate building.
BUILDING LINE:
A line established by law, usually
parallel with a property line, beyond which a structure may not
extend.
BUILDING, FLOOR AREA:
The sum of the gross horizontal
area of the several floors of a building and its accessory buildings
on the same lot, including basement areas devoted to residential use
and the area of bays, dormers, roofed porches and roofed terraces.
All dimensions shall be measured
between exterior faces of walls.
CELLAR:
That space of a building which has
more than half of its height, measured from floor to ceiling, below
the average grade.
COMMUNITY PARK OR PLAYGROUND:
Land managed by the public and set
aside for public use which may or may not have developed
recreational facilities, such as playground, tennis courts, horse
and bike trails, baseball fields, picnic areas, swimming pools
and/or lavatories.
DRIVEWAYS AND PASSAGE WAYS:
Private access routes which
directly service a parking area; or serving parking spaces not
directly serving more than two (2) dwelling units, and not providing
a route for through traffic.
Minimum driveway widths shall be
as follows:
PARKING ANGLE
DRIVEWAY WIDTH
No parking
18’
Parallel
20’
45º one-way
20’
60º one-way
20’
90º one-way
24’
DWELLING, ONE-FAMILY:
A detached building, other than a
trailer or other temporary structure designed for exclusive
year-round occupancy by one family only.
DWELLING, TWO-FAMILY:
A detached building, other than a
trailer or other temporary structure, designed for exclusive
year-round occupancy by two families living independently of each
other.
DWELLING, MULTIPLE FAMILY:
A building or group of buildings,
designed for year-round occupancy by more than two families,
including apartment houses and group houses, but excluding hotels
and rooming houses.
DWELLING UNIT:
One or more rooms with provision
for living, sanitary, and sleeping facilities arranged for the use
of one family.
FAMILY:
Any number of persons or
recognized relationships maintaining a common household, including
domestic help.
FARM:
A parcel or tract of land which is
used for growing agricultural products, horticulture products,
raising livestock, raising fruits and/or vegetables or agriculture
production.
For the purposes of Section 9,
paragraph (A) an “agricultural operation” shall not include any farm
having less than $10,000.00 gross sales in the year preceding the
date on which the owner applies for a building permit to erect a
mobile home
as an accessory use.
In addition the occupant of a
mobile home as an accessory use must be a full-time employee of or
partner in the
“agricultural operation” whose
total documented compensation from such employment in agriculture is
not less than $10,000 a year in wages.
FARM PRODUCTS PLANT:
Any operation which starts with a
farm product, including but not limited to vegetables, fruits, milk,
beef, pork, lamb, chicken, eggs, turkey etc. and whose end product
packages that product in a form suitable for retail market
distribution.
This definition includes but is
not limited to dairies, cheese plants, vegetable/fruit canneries,
slaughterhouses etc.
FARM STAND:
The sale of agricultural products
that are produced on the premises.
FRONT:
That part of a parcel of land or
building abutting or facing the Principal Street or road.
In the case of corner lots on two
intersecting streets or road the parcel will be considered to have
two front yards, one side yard and one rear yard at minimum.
GARAGE, PRIVATE:
A roofed space for the storage of
one or more motor vehicles, provided that no business, occupation or
service is conducted for profit therein nor space therein for more
than one car is leased to a non-resident of the premises.
GARAGE, PUBLIC:
A building or part thereof for the
storage, hiring, selling, greasing, washing, servicing, or repair of
motor-driven vehicles, operated for gain.
GASOLINE STATION:
Any area of land, including
structures thereon, that is used or designed to be used for the sale
of gasoline or oil or other motor vehicle fuel and which may include
facilities for lubricating, washing, cleaning, or otherwise
servicing motor vehicles, not including the painting or major repair
thereof.
The term “Gasoline Station” shall
be deemed to include filling station and service station.
GREENSPACE:
Area of land with vegetative
cover.
HISTORIC BUILDING OR SITE:
A building or area which has
historic and special public value because of notable architectural
or other features relating to the cultural, historic, or artistic
heritage of the community.
HOME OCCUPATION:
An occupation or profession which
is customarily carried on in a dwelling unit or in a building or
other structure accessory to a dwelling unit; and is carried on by a
member of the family residing in the dwelling unit; and is clearly
incidental and secondary to the use of the dwelling unit for
residential purposes; and which conforms to the following additional
conditions.
1.
The occupation or profession shall
be carried on wholly within the principal building or within a
building or other structure accessory thereto.
2.
No more
than
three persons outside the
family shall be employed in the home occupation.
3.
There shall be no exterior
display, nor any exterior sign except a business sign, no exterior
storage or materials and no other exterior indication of the home
occupation or variation from the residential character of the
principal building.
The Business Sign shall comply
with Section 34 of this law.
4.
No
excessively offensive
noise, vibration, smoke, dust, odors, heat or glare shall be
produced.
A home occupation includes, but is not
limited to art studio; dress-making; barber shop or beauty parlor;
professional office of physician; dentist, lawyer, engineering,
architect, accountant, small engine / appliance repair, woodworking
, craft establishment,
or
musical instruction limited to a single pupil at a time.
HOSPITAL:
A building or structure for the
diagnosis and medical or surgical care of human aliments.
HOTEL:
Facility offering transient
lodging accommodations to the general public and providing
additional service such as restaurants, meeting rooms and
recreational facilities.
the word “hotel” includes the
words “motel”, “motel court” , “inn”, “tourist court”, or similar
names excluding rooming houses and Bed and Breakfast establishments.
JUNK YARD:
A lot, land or structure, or part
thereof, used for the collecting, storage and sale of waste paper,
rages, scrap metal or discarding material; or for the collecting,
dismantling, storage and salvaging of machinery or vehicles, and for
the sale of the parts thereof; or for the storing or abandonment of
two or more unlicensed or unregistered motor vehicles for 30 days or
more.
KENNEL:
A structure used for the harboring
for hire of four or more dogs or cats, more than six months old.
LAUNDERETTE:
A business premises serviced by
municipal sewerage or a NYSDOH approved system, equipped with
individual clothes washing or cleaning machines for use by retail
customers, exclusive of laundry facilities provided in an apartment,
fraternity, sorority, residential hotel or club.
LIGHT ASSEMBLY PLANT:
A use engaged in the creation,
predominately from previously prepared materials, of finished
products or part, including processing, fabrication, assembly,
treatment, packaging, incidental storage, sales and distribution of
such products, but excluding basic industrial processing.
LIVING AREA:
The sum of the gross horizontal
area of the several floors of a building, including areas below
grade devoted to residential use.
All dimensions shall be measured
between exterior faces of walls.
LOADING SPACE:
A paved area designed for the
parking, loading and unloading of delivery vehicles.
LOT:
A parcel of land considered as a
unit, occupied or capable of being occupied by a building or use and
accessory buildings or uses, or by a group of buildings united by a
common use or interest; and including such open spaces as are
required by this law, and having its principal frontage on a public
street or an officially approved place.
LOT AREA:
The total horizontal area included
within lot lines.
no part of the area within a
public right-of-way may be included in the computation of lot area.
LOT, CORNER:
A lot located at the intersection
of and fronting on two or more intersecting streets, and having an
interior angle at the corner of intersection of less than 135
degrees.
LOT, COVERAGE:
That portion of the lot that is
covered by buildings.
LOT, INTERIOR:
A lot other than a corner lot.
LOT, THROUGH:
A lot having frontage on two
approximately parallel, or converging streets other than a corner
lot.
LOT, DEPTH:
The mean horizontal distance
between the front and rear lot lines, measured in the general
direction of the side lot lines.
LOT, WIDTH:
The distance between side lot
lines measured parallel to the front lot line at a distance from the
front lot line equal to the front yard specified for the district,
except as noted in Section 16.
MINERAL:
any naturally formed, usually
inorganic, solid material located on or below the surface of the
earth.
For the purposes of this law, peat
and topsoil shall be considered minerals.
MINING:
the extraction of overburden and
minerals from the earth;
the preparation and processing of
minerals, including any activities or processes or parts thereof for
the extraction or removal of minerals from their original location
and the preparation, washing, cleaning, crushing, stockpiling or
other processing of minerals at the mine location so as to make them
suitable for commercial, industrial, or construction use;
exclusive of manufacturing
processes, at the mine location;
the removal of such materials
through sale or exchange, or for commercial, industrial or municipal
use;
and the disposition of overburden,
tailings and waste at the mine location.
“Mining”
shall not
include the excavation, removal and disposition of minerals from
construction products, exclusive of the creation of water bodies, or
excavations in aid of agricultural activities.
MINOR:
A person less than seventeen (17)
years of age.
MOBILE HOME:
A movable single dwelling unit
equipped with a chassis designed for and providing housekeeping
facilities for year-round occupancy including plumbing, heating,
electrical, cooking and refrigeration systems and equipment.
MOBILE HOME PARK:
A parcel of land which has been
planned and improved for the placement of two or more mobile homes
for non-transient use.
MODULAR HOME:
A prefabricated dwelling unit
capable of being delivered to a site in several sections and is
indistinguishable in appearance from conventionally built homes.
NAMEPLATE:
A plaque or sign for non business
purposes bearing the name of the owner of the residence and no
larger than eight (8) square feet.
NON-CONFORMING USE:
A structure or land lawfully
occupied by a use that does not conform to the regulations of the
district in which it is located.
NURSING OR CONVALESCENT HOME OR HOME FOR
THE AGED:
A building used for the
accommodation and care of persons with, or recuperating from,
illness or incapacity, where nursing services are furnished, or for
the accommodation and care of persons of advanced age.
OPEN SPACE:
Any parcel or area of land or
water essentially unimproved by buildings.
PARCEL:
A contiguous plot of ground owned by one individual, two or more
individuals in common, or corporation not necessarily on one deed or
with one tax number.
PARKING SPACE:
The area required for parking one
automobile which in this law is held to be an area at least nine
feet wide and 20 feet long, exclusive of passageways and driveways
thereto.
PERMANENT FOUNDATION:
Concrete or stone walls which
support the bottom floor and exterior walls of a building and
extending below the ground deeper than the average annual frost
level, or a reinforced concrete base below the bottom floor of a
building of sufficient thickness and having a suitable subway to
resist shifting and heaving from changes in temperature and moisture
conditions in the ground beneath the building.
PERSONAL SERVICE SHOPS:
Establishments providing services
or entertainment, as opposed to products, to the general public
including, but not limited to:
cleaning and garment services,
beauty shops, photography shops, shoe repair, barber shops, funeral
services, clothing rental, reduction salons and tanning parlors.
PERSONAL
WIRELESS SERVICES:
shall mean any person, firm, corporation, or governmental agency,
duly licensed/authorized to furnish the public, under governmental
regulation, commercial mobile services, wireless telecommunication
services, and common carrier wireless exchange access services,
including cellular radiotelephone, specialized mobile radio system
and personal communication services, which are regulated by the
Federal Communications Commissions in accordance with the
Communication Act of 1934 (47U.S.C. Sections 151-613 (1988) as it
may hereinafter be amended from time to time.
PERSONAL WIRELESS SERVICE FACILITY:
Is a facility for the provision of
Personal Wireless Services.
A Personal Wireless Service
Facility includes an Antenna, Equipment Mounting Structure, and
accessory buildings and equipment.
For purposes of this Land use law,
a Personal Wireless Service Facility shall not be included within
the definition of a "Public Utility Facility" as specified in this
Land use law.
PROFESSIONAL OFFICE:
Offices for a person or persons
whose vocation or occupation requires advanced training in a liberal
art or science and whose service usually involves non-manual work.
PUBLIC BUILDING:
Any town, county, state or
federally owned building(s) or land including but not limited to:
town halls and highway department
garages.
PUBLIC UTILITY:
Shall mean any person, firm,
corporation or governmental agency, duly authorized to furnish the
public, under governmental regulation electricity, gas, water sewage
treatment, steam, cable television, or related communication
service.
This definition shall not bestow
any special status or standing not already provided by State or
Federal Law.
PUBLIC UTILITY FACILITY:
A facility other than a Personal
Wireless Service Facility for the provision of public utility
services, including facilities constructed, altered or maintained by
utility corporations, either public or privately owned, or
governmental agencies, necessary for the provision of electricity,
gas, steam, heat,
communication, water, sewage collection,
or such service to the general public.
Such facilities shall include
poles, wires, mains, drains, sewers, pipes, conduits, cables, alarms
and call boxes and other similar equipment, but shall not include
office or administrative buildings.
RESIDENCE:
A structure or portion thereof
used as a dwelling unit.
RESTAURANT:
A building or portion of a
building wherein food and beverages are available for on-site or
off-site consumption.
RETAIL FARM MARKET:
The sale of agricultural products
either produced on or off the premises.
RETAIL STORE:
Any building or permanent
structure or portion thereof in which one or more services or one or
more articles of merchandise are sold at retail including department
stores.
SHED:
An
accessory building which is no larger than
240 sq ft.
SIGN:
Any devise affixed to or painted
or represented directly or indirectly upon a building, structure or
land and which directs attention to an object, product, place,
activity, person, institution, organization or business, but not
including any flag, badge or insignia of any government or
government agency, school, or religious group or of any civic,
charitable, religious, patriotic, fraternal or similar organization,
nor any official traffic control devise.
Each display surface shall be
considered to be a “sign”.
SIGN, ADVERTISING:
A sign which directs attention to
a business, commodity, service or entertainment sold or offered
elsewhere than upon the premises where such sign is located, or to
which it is affixed, only incidentally on the premises, it at all.
SIGN, BUSINESS:
A sign which directs attention to
a business or profession conducted, or a commodity, service, or
entertainment sold or offered upon the premises where such sign is
located, or to which it is affixed.
A
“For Sale”
or “For Let” sign relating to the
lot on which it is displayed shall be deemed to be a business sign.
SIGN, FLASHING:
A “flashing sign” is any
illuminated sign on which the artificial light is not maintained
stationary or constant in intensity and color when such sign is in
use.
For the purpose of this law any
revolving, illuminated sign shall be considered a “flashing sign”.
SITE PLAN:
A plan of a lot or subdivision on
which is shown topography, location of all buildings, structures,
roads, right of way, boundaries, all essential dimensions and
bearings and any other information deemed necessary by the Planning
Board.
SITE PLAN REVIEW:
A review and approval process,
conducted by the Planning Board, whereby site plans are reviewed
utilizing criteria stated in the law and as authorized by Town Law.
SPECIAL PERMITTED USE:
A use or property that is
basically appropriate to a given zoning district, but which may be
incompatible in some locations within the district and therefore is
not permitted by right everywhere within such districts.
A special permitted use,
therefore, is one which is allowable only when facts and conditions
specified in the law as those upon which the use is permitted are
found to exist.
STABLE, PRIVATE:
A principal or accessory building
in which horses are kept for private use and not for hire or sale.
STABLE, PUBLIC:
A principal or accessory building
in which horses are kept for remuneration, hire or sale.
STORY:
That portion of a building
included between the surface of any floor and the surface of the
floor next above it, or it there be no floor above it, then the
space between any floor and the ceiling next above it.
STORY, HALF:
That part of a building between a
pitched roof and the uppermost full story, and having a floor area
at least half as large as the floor below.
Space with less than five feet
clear headroom shall not be considered as floor area.
STREET:
A public way which affords the
principal means of access to abutting property.
STRUCTURE:
Any building or other
construction, with or without a roof, which requires location on the
ground or attachment to something having location on the ground.
STRUCTURAL ALTERATION:
Any change in the supporting
members of a building.
SUBDIVISION:
The word "subdivision" shall mean any tract of land which is divided
into two or more parcels, after the effective date of this act,
along an existing or proposed street, highway, easement or
right-of-way for sale or for rent as residential lots ,residential
building plots, business, commercial or industrial lots or building
plots, regardless of whether the lots or plots to be sold or offered
for sale, or leased for any period of time, are described by metes
and bounds or by reference to a map or survey of the property or by
any other method of description and regardless of whether the lots
or plots are contiguous. A tract of land shall constitute a
subdivision upon the sale, rental or offer for sale or lease of the
third residential lot or residential building plot.
Determinating factors and
subsequent laws, rules and guidelines for Major and Minor
subdivision designations are contained in the Town of St. Johnsville
Subdivision Law.
THEATER, OUTDOOR:
An open lot or part thereof, with
it appurtenant structures and facilities, devoted primarily to the
showing of motion pictures or theatrical production on a paid
admission basis.
TOURIST HOME:
A dwelling where transient guests
are lodged for hire.
TOWN HOUSE:
One of several units in a building
designed for and occupied exclusively as a residence for not more
than one family living independently of any other family, separated
from other units by a party wall or walls, and erected on a lot
intended to be held in the form a condominium or in a single and
separate ownership from any adjoining units.
TRAILER:
A mobile unit designed for
camping, recreational travel, or vacation use which is equipped with
a chassis and provides partial housekeeping facilities such as
plumbing, heating, electrical, cooking or refrigeration systems or
equipment.
TRAILER CAMP:
An area occupied or designed for
occupancy by two or more trailers.
TRUCK TERMINAL:
A building or area in which
freight brought by truck is assembled and/or stored for routing or
reshipment, or in which semi-trailers, including tractor and/or
trailer units and other trucks are parked or stored.
VARIANCE:
Permission to depart from the
literal requirements of the land use law.
VARIANCE, AREA:
A departure from the area setback,
frontage, coverage, size or other requirements of the applicable
zoning district =, or a departure from any provision of this law
except use.
VARIANCE, USE:
A variance granted for a use or
structure that is not permitted in the zoning district.
WHOLESALE STORAGE OR WAREHOUSE:
A building or buildings used as a
wholesale distribution center.
YARD, FRONT:
An open unoccupied and
unobstructed space on the same lot with a main building, extending
the full width of the lot and
situated between the front property line and the front line of the
main building projected to the side lines of the lot.
YARD, REAR:
A space on the same lot with a
main building, open and unoccupied except for accessory buildings,
extending the full width of the lot and situated between the rear
line of the main building projected to the side lines of the lot and
the rear line of the lot.
YARD, SIDE:
An open unoccupied space on the
same lot with a main building, situated between the side line of the
main building and the adjacent side line of the lot extending from
the front yard to the rear yard.
Any lot line not a front line or
rear line shall be deemed a side line.
ARTICLE IV - DISTRICTS AND BOUNDARIES
SECTION
5 - Establishment of Districts
For the
purpose of this law, the Town of St. Johnsville is divided into the
following types of classes of districts:
R
Residential
A
Agricultural
C
Commercial
I
Industrial
RR
Rural
Said districts are bounded and defined as described in this document
and exist on a virtual map if not on a literal map. The virtual map
as defined by the written word in this document takes precedent over
any literal map. A literal map may be constructed to help represent
in a visual format what exists on the virtual map but care must be
taken to accurately depict what is actually developing on the ground
as the virtual map district boundaries can change by definition as
development occurs. If a literal map is constructed said map must be
updated regularly to properly reflect any such change. An adequate
and thorough on site investigation by the CEO/LUO must be undertaken
prior to the issuance of permits in order to assure that development
is in keeping with the virtual map.
SECTION 6 - Interpretation of District
Boundaries
Where uncertainty exists with respect to the boundaries of any of
the aforesaid districts as shown on the zoning map, the following
rules shall apply:
1. The written word and
the virtual map so created by said word take precedent in boundary
determination.
2. Precedence of
hierarchy of districts as defined is as follows:
a.
Historical Overlay
b.
Industrial
c.
Commercial
d.
Agricultural
e.
Residential
f.
Rural
3. Where the boundary of
a district follows a railroad line, such boundary shall be deemed to
be located midway between the main tracks of said railroad line.
4. Where the boundary of
a district follows a stream or other body of water, said boundary
line shall be deemed to be the center line of such stream or body of
water unless otherwise indicated.
5. All district boundaries unless otherwise defined will be
construed to follow property lines comprising said district.
ARTICLE V - USE REGULATIONS
The principal permitted uses of each
zoning district are permitted as of right.
All special permitted uses require
both special permit review and site plan review.
Uses not listed for a specific
zoning district are prohibited from that district and would
therefore require a use variance.
SECTION
7 - General Regulations
A. Appearance – All
classifications of use are subject to general appearance standards.
General appearance standards criteria includes but is not limited to
the following:
1. Excessive exposed miscellaneous
items including but
not limited to:
a. Used building materials
b. Old Tires
c. Used appliances
d. Junk vehicles or machinery
e. Used household items
f. Etc
2. Properly maintained grounds
including but not limited
to:
a.
Lawn Mowing
b.
Building upkeep
c.
Vegetation maintenance
d. Run off control
e. Etc
B. Garage/ lawn sales etc:
a.
No “perpetual” garage/lawn sales
b.
7 day maximum in length
c.
All items offered for sale must be removed at end
of 7 days. Simply covering
items does not comply.
c.
No more than two sales per year per location
INTENT:
Primary use of this district is
residential.
The quality of the living
experience in this district should always be paramount in all
decisions rendered as to variances and special use permits. However,
it may be necessary at times to issue variances and special use
permits as to enhance the quality of life for individuals living
within this district or to address unforeseeable
situations for a particular
parcel. This may especially be germane to areas where two districts
meet. Care should be taken to address each special situation
carefully with respect for landowner’s individual rights.
A residential district
will be construed to exist in any area of the town where housing
density exceeds 10 houses per 1000 ft of lineal road frontage (both
sides of road count) or 1 house per contiguous acre in densities of
5 houses or more. If planned project creates a situation where
either of the above scenarios will be met, all residential criteria
must be fulfilled for project to be approved. In the
Residential District no building or premises shall be used and no
building shall be erected or altered except for one or more of the
following uses:
(A)
Principal Permitted Uses:
1.
One Family Dwelling
2.
Two Family Dwelling
3.
Accessory Use and Building
4.
Home Occupation
5.
Community Park or Playground
(B)
Uses Permitted as a Special Permit
by the Planning Board:
1.
Multi Family Dwellings
2.
Nursing, Convalescent or Home for
the Aged
3.
Church
4.
Parish House, Convent
5.
Townhouses
6.
Bed and Breakfast Establishment
7.
Public Building
8.
Golf Course or Country Club
10.
Farm and Accessory Use or Building
SECTION
9 - A-Agricultural District
INTENT:
Primary use of
this district is agricultural. Given the economic and intrinsic
value of high quality agricultural land, and the community’s desire
to protect it for agricultural use, development potential within
this district is and should be extremely limited.
The quality of the living experience and the ability of the
farmers actively involved in production agriculture to employ
methods and technologies deemed necessary to enhance yield and or
profitability should
always be paramount in all decisions rendered as to variances and
special use permits. The farmers’ right to farm takes precedent in
this district. However, it may be necessary at times to issue
variances and special use permits as to enhance the quality of life
for individuals living within this district or address unforeseeable
situations for a particular parcel. This may especially be germane
to areas where two districts meet. Care should be taken to address
each special situation carefully with respect for landowner’s
individual rights.
All Class I and Class II
soils (as defined by USDA Soil Conservation Service) within the town
of St. Johnsville will be considered as A-Agricultural District
unless proven otherwise by on site inspection . All land currently
being actively farmed (within the last 5 yrs) will also be
considered A- Agricultural District.
Actively farmed is construed to mean capable of or currently
growing any agricultural crop including but not limited to corn,
hay, soybeans , small grains, vegetables, etc. Woodland and
non-tillable pasture is not included in this definition. Parcels
with distinct, existent, non temporary boundaries and an area of
less than 3 acres are also exempt from this definition.
In the A Agricultural
District no building or premises shall be used and no building shall
be erected or altered except for one of more of the following uses:
:
(A)
Principal Permitted Uses:
1.
Farm and Accessory Buildings and
Uses
2.
Farmer owned secondary businesses
including but not
limited to:
a. Seed sales
b. Fertilizer /Chemical
Sales
(Not Manufacture of)
c. Farm Equipment repair / Welding
d. Roadside Produce Stands
e. Sawmill (portable only)
f. Boarding Stables
g. Bio Fuel Production (for own
use)
h. Grain or hay storage facility
3.
Accessory use and building
4.
Mobile home as part of a farm
operation
5.
Nursery/Horticulture
(tree farms or timber excluded)
6.
Home Occupation
7.
One family dwelling (subject to
site plan review)
(B)
Uses Permitted as a Special Permit
by the Planning Board:
1.
Commercial Recreation
2.
Bed and Breakfast Establishment
3.
Personal Wireless Service Facility
4.
Public Utility Facility
5.
Farm Products Plant
6.
Radio, TV Transmitter or Receiving
Tower w/ building
7.
Radio, TV Transmitter or Receiving
Tower w/o building
8.
Commercial wind power generation
towers
9.
Tree farms or timber
10.
Commercial Sawmill
All construction or other land use in
this district shall absolutely minimize the impact or removal of
acreage from active agricultural production. Cause must be given as
to any excessive removal of, or blatant disregard for preserving
intact, agricultural land suitable for agricultural production.
Failure to do so will result in a denial of permit. (See section 66
diagram 1) (page 73)
SECTION
10 - RR-Rural
INTENT:
Primary use
of this district is mixed agricultural/residential. Due to the
nature of the land itself this district does not lend itself well to
intensive agricultural practices yet is valuable in its own right
for esthetic, environmental, and recreational activities.
The quality of the living experience in rural districts can
be enhanced by the ability of the land owner to own a larger piece
of real estate to use for a variety of uses. However, it may be
necessary at times to issue variances and special use permits as to
enhance the quality of life for individuals living within this
district or address unforeseeable situations for a particular
parcel. This may especially be germane to areas where two districts
meet. Care should be taken to address each special situation
carefully with respect for landowner’s individual rights.
All land Class III and
below (as defined by USDA Soil Conservation Service) will be
considered RR-Rural unless currently actively being farmed. Actively
farmed is construed to mean capable of or currently growing any
agricultural crop including but not limited to corn, hay, soybeans ,
small grains, vegetables, etc. Woodland and non-tillable pasture is
included in the RR- Rural definition.
In the RR - Rural district
no building or premises shall be used and no building shall be
erected or altered except for one of more of the following uses:
(A)
Principal Permitted Uses:
1.
Farm and Accessory Buildings and
Uses
2.
Farmer owned secondary businesses
including but not limited to:
a. Seed sales
b. Fertilizer /Chemical
Sales
(Not Manufacture of)
c. Equipment Sales
d. Farm Equipment repair / Welding
e. Roadside Produce Stands
f. Sawmill
g. Boarding Stables
h. Bio Fuel Production ( for own
use)
3.
One family Dwelling
4.
Accessory use and building
5.
Mobile home as part of a farm
operation
6.
Nursery/Horticulture
7.
Home Occupation
8.
Hobby Farm
(B)
Uses Permitted as a Special Permit
by the Planning Board:
1.
Commercial Recreation
2.
Bed and Breakfast Establishment
3.
Golf Course or Country Club
4.
Personal Wireless Service Facility
5.
Public Utility Facility
6.
Farm Products Plant
7.
Radio, TV Transmitter or Receiving
Tower w/ building
8.
Radio, TV Transmitter or Receiving
Tower w/o building
SECTION 11
C-
Commercial District
INTENT:
Primary
use of this district is commercial.
The commercial enterprises’ right to conduct business
according to generally accepted business practices takes precedent
in this district. However, it may be necessary at times to issue
variances and special use permits as to enhance the quality of, or
provide access to, certain businesses necessary or advantageous to
the community as a whole. or address unforeseeable situations for a
particular parcel. This may especially be germane to areas where two
districts meet. Care should be taken to address each special
situation carefully with respect for landowner’s individual rights.
The commercial district
will consist primarily of the Route 5 corridor. A span of 1000 ft
north of RT 5, and 1000 ft south of RT 5 or to the edge of the CSX
rail property whichever is shorter will comprise the Commercial
district.
In the C-1 Commercial
District no building or premises shall be used and no building shall
be erected or altered except for one or more of the following uses:
(A)
Principal Permitted Uses:
1.
Retail Store
2.
Personal
Service Shop
3.
Custom Work Shop
4.
Funeral Home
5.
Fire Station or Municipal Building
6.
Radio, Television or Household
Appliance Sales or Service
7.
Carwash
8.
Antique Shop
9.
Animal/Veterinary Hospital
10.
Feed, Lumber, Seed or Fertilizer
Building
11.
Retail Bakery
12.
Laundry or Dry Cleaning Plant
13.
Cabinet, Electrical, Heating,
Plumbing or Air Conditioner
14.
One Family Dwelling
15.
Community Park or Playground
16.
Accessory Use or Building
17.
Historic Building or Site
18.
Home Occupation
19.
Farm and Accessory Use or Building
20.
Hardware
21.
Professional Office, Studio
22.
Bank
23.
Restaurant
24.
Hotel
25.
Public Garage
26.
Public Utility Facility
27.
Automobile, Boat, Farm Implement Sales or Rental
28.
Historic Building or Site
29.
Professional Offices
30.
Self Storage Facility
(B)
Uses Permitted (but not limited
to) as a Special Permit by the Planning Board:
1.
Gasoline Station
2.
Fuel Sales and Storage
3.
Indoor Storage of non-liquid,
non-gaseous fuel
4.
Bowling Alley
5.
Multi Family Dwelling
6.
Two Family Dwelling
6.
Adult
Oriented Business / Theatre
7.
Tavern
8.
Gaming
Establishment
10.
Community Park or Playground
11.
Wholesale Storage/Warehouse
12.
Light Assembly Plant
13.
Manufacture of Electronic Devices
or Instruments
14.
Printing or Publishing Plant
15.
Tool, die, pattern, machine shop
16.
Manufacture or processing of dairy
or food products
17.
Research & Development Center
18.
Cold Storage Plant
SECTION 12 - - I-Industrial
The Industrial District
will consist of all land west of Bridge Street situated between the
CSX Rail line and the Mohawk River. We are aware that this area
contains some very valuable agricultural land. However, in keeping
with the highest and best use principal, this land would better
serve the community as an industrial district with the following
conditions:
1. Must create significant
employment opportunities.
2. Must minimize acreage used for
project. Just cause must be given for land taken out of agricultural
production. All remaining land not used in project should be made
available for agricultural use.
INTENT:
Primary use of this district is industrial.
The industrial enterprises’ right to conduct business
according to generally accepted business practices takes precedent
in this district. However, given the proximity to the river front
this does not allow for careless disregard of issues pertaining to,
but not limited to, environmental, esthetic, traffic, and strain on
existing infrastructure. All care must be taken to assure that any
facilities planned for this district create significant employment
opportunities and are as aesthetically pleasing as possible.
However, it may be
necessary at times to issue variances and special use permits as to
enhance the quality of, or provide access to, certain industries
necessary or advantageous to the community as a whole, or address
unforeseeable situations for a particular parcel. This may
especially be germane to areas where two districts meet. Care should
be taken to address each special situation carefully with respect
for landowner’s individual rights.
In the Industrial District
no building or premises shall be used and no building shall be
erected or altered except for one or more of the following uses:
(A)
Principal Permitted Uses:
1.
Wholesale Storage or Warehouse
2.
Light Assembly Plant
3.
Manufacturing or assembly of
electronic devises or instruments
4.
Printing or publishing plant
5.
Tool, die, pattern or machine shop
6.
Manufacture or processing dairy or
other food products
7.
Distribution Center
8.
Research and development center
9.
Transportation services, including
automobile and truck rentals
and public garages
10.
Cold Storage Plant
11.
Farm and accessory use or building
12.
Customary accessory use or
building
13.
Manufacturing or processing of
dairy or other food products
14.
Bio fuel Facility
(B)
Uses Permitted as Special Permit
by the Planning Board:
1.
Manufacture of textile products or
leather goods
2.
Manufacture or fabrication of
metal, concrete, stone, plastic paint,
fiber or wood products
3.
Truck Terminal
4.
Bulk Storage of inflammable
liquids
5.
Public Utility Facility
6.
Marina
7.
Campground
8.
Residences of any kind
9.
Recreational
Facilities
SECTION
13 - N-P-Natural Products
INTENT:
Due to certain inherent characteristics of Natural Product
type industries creation of a district or overlay is not feasible.
However this does not
mean they are unregulated . Neither does it
allow for careless
disregard of issues pertaining to, but not limited to,
environmental, esthetic, traffic, and strain on existing
infrastructure. Given the nature of these businesses to greatly
alter large tracts of land, and to substantially affect the
surrounding area, great care and extreme diligence must be used in
granting any permits for new enterprises of this type. However, it
may be necessary at times to issue variances and special use permits
as to enhance the quality of, or provide access to, certain
industries necessary or advantageous to the community as a whole, or
address unforeseeable situations for a particular parcel. This may
especially be germane to areas where two districts meet. Care should
be taken to address each special situation carefully with respect
for landowner’s individual rights.
All current and future N-P
facilities are therefore subject to all applicable rules and laws.
Any facility should at a minimum meet the following criteria:
a.
Not
utilize Class I or Class II soils
b.
Minimize impact on any surrounding districts especially residential.
c.
Demonstrate long term positive impact on town
d.
Not
be in a residential district or Historic overlay
All
activity in this industry is allowed only by special use permit and
Site plan review.
(A)
Special permit :
1.
Earth, sand, gravel or mineral
excavation
2.
Bituminous concrete mixing plant
3.
Ready-mix concrete plant
4.
Concrete products manufacture,
including blocks, staves, pipe
beams and structure, and
construction equipment
5.
Agricultural lime manufacture
6.
Inorganic fertilizer manufacture
7.
Accessory use or building
8.
Farm
and accessory building
9.
Rock quarry operation
SECTION
14 - H-Historic Overlay
INTENT:
In order to preserve our
heritage and provide for a unique educational experience a
historical overlay was formed. The Historic Overlay encompasses all
land situate between Rt 5 and the CSX railroad starting with all
property of the Nellis Tavern Parcel and continues east to the town
line. North of Rt 5 the historic overlay starts at the Easterly
boundary of La Coppola Building Supplies and extends east to the
town line a depth of 1000 Ft. All
structures and enterprises allowed for in this area should be “in
keeping” with the historical genre of the area. However, it may be
necessary at times to issue variances and special use permits as to
enhance the quality of, or provide access to, certain businesses
necessary or advantageous to the historical district as a whole, or
address unforeseeable situations for a particular parcel. This may
especially be germane to areas where two districts meet. Care should
be taken to address each special situation carefully with respect
for landowner’s individual rights.
A Historic overlay
takes precedent over underlying districts.
In any H Historic Overlay
no building or premises shall be used and no building shall be
erected or altered except for one or more of the following uses:
(A)
Principal Permitted Uses:
1.
Historic building or site
2.
One family Dwelling
3.
Community Park or Playground
4.
Bed and Breakfast Establishment
5.
Farm and Accessory use or building
6.
Accessory uses or building
7.
Museum
(B)
Uses Permitted as a Special Permit
by the Planning Board:
1.
Antique Store
2.
General Store
3.
Gift Shop
4.
Retail Shop
5.
Restaurant
6.
Professional Office, Studio
7.
Home Occupation
ARTICLE VI - AREA AND HEIGHT REGULATIONS
LOTS, YARD AND BUILDINGS
SECTION
15 -Regulations in Schedule A
Regulations governing lot area and lot
width; front, side and rear yards; building coverage and building
height are specified in Schedule A and in the additional regulations
of Article VI, and supplementary regulations of Article VII.
Schedule A accompanies, and is
hereby made a part of this law.
SECTION
15 - Area Regulations
1.
Lots of Less Than required
Dimensions
(a)
Any lot with an area or a width
less than that required in the district in which said lot is located
may be used for any permitted principal use in the district,
provided that all other regulations prescribed for the district
shall be complied with, and further provided that said lot was held
under separate ownership at the time of the adoption of this law and
the owner thereof owned no adjoining land that could be combined
with said lot to meet the dimension requirements.
6.
In the event that compliance with the yard and coverage requirements
of the district would result in a residential structure of less
width than 24 feet, the Board of Appeals shall determine and fix
yard and coverage requirements for said lot to permit its reasonable
utilization for a permitted use.
2.
Reduction of Lot Area
The
minimum yards and open spaces, including lot area per family,
requiring by this law shall not be encroached upon or considered as
yard or open space requirements for any other building, no shall any
lot be reduced below the district requirements or this law.
3.
Corner Lots
On a corner lot in any district
where a front yard is required, a yard shall be provided on each
street equal in depth to the required front yard on each such
street.
One rear yard shall be provided on
each corner lot and the owner shall designate the rear yard on his
application for a permit.
The Board of Appeals shall
determine the yards and building width of a corner lot facing an
intersecting street, and of record at the time of the passage of
this law, if the yard requirements would result in a residential
structure less than twenty-four (24) feet wide.
4.
Visibility at Street Corners
On a corner lot in any district
where a front yard is required, no fence, hedge, wall or other
structure or planting more than three feet in height shall be
erected, placed or maintained so as to obstruct visibility of
vehicular traffic within the triangular area formed by the
intersecting street right-of-way lines and a straight line joining
said lines at points 20 feet distant from the point of intersection,
measured along said lines.
Intersections with county or state
road shall be in accordance with corresponding transportation
department regulations and restrictions imposed by this law.
5.
Front Yard Exceptions
The minimum front yard of all
principal buildings and structures hereafter constructed within a
Residential District shall conform with Schedule A; and in addition
shall be not less than the average front yard of all principal
buildings in the block for a distance of 300 feet on each side of
such building.
A vacant lot within the 300 foot
distance shall be considered as having the minimum front yard
required in the district for the purpose of computing such average
front yard.
6.
Transition Yard Requirements
(a)
Where two districts abut on the
same street between two intersecting streets, and the front yard
requirements of one district are less than those of the other
district, there shall be provided for buildings hereafter
constructed or structurally altered within a distance of 50 feet
from the district boundary line in the less restricted district a
front yard equal in depth to the average of the required depth in
the two districts.
(b)
Where the side or rear year of a
lot in a Residential District abuts a side or rear yard of a lot in
a Commercial District, there shall be provided along such abutting
line or lines in the Commercial District a side or rear yard equal
in depth to that required in the more restricted district; and in
addition, a planing buffer at least 10 feet wide, having evergreen
vegetative screening and/or opaque fencing at least 8 feet high may
be required by the Town Planning Board in an easement in any
Commercial District.
7.
Projecting Architectural
Features, Terraces, Porches, Fire Escapes
(a)
The space in any required yard
shall be open and unobstructed except for the ordinary projections
of window sills, belt courses, cornices, eaves and other
architectural features, provided, however, that such features shall
not project more than two feet into any required yard.
(b)
A paved terrace shall not be
considered as part of a building in the determination of yard size
or lot coverage, provided that such terrace is without a roof and
without walls, parapets, or other form of enclosure exceeding six
feet in height.
(c)
In determining the percentage of
building coverage or the size of yards for the purpose of this law,
enclosed porches, or porches open at the side but roofed, shall be
considered a part of the building.
(d)
An open fire escape may extend
into any required yard no more than four feet six inches, provided
such fire escape shall not be closer than 4 feet at any point to any
lot line.
(e)
Unenclosed entrance steps or
stairways providing access to the first story of a building may
extend into any required yard a distance not to exceed six feet.
8.
Walls, Fences and Hedges
The yard requirements of this law
shall not prohibit any necessary retaining wall nor any fence, wall
or hedge permitted by the Town Law, provided that it complies with
visibility at street corners as provided in this Article.
SECTION
17 - Height Regulations
1.
Chimneys, Spires, etc.
The height limitations of this law
shall not apply to belfries, church spires, cupolas, and domes which
are not used for human occupancy; nor to chimneys, ventilators,
skylights, water tanks or other storage tanks/silos and necessary
mechanical appurtenances usually carried above the roof level; not
to flag poles, monuments, transmission towers and cables, non
commercial radio and television antennae or towers and similar
structures.
Such features, however, shall be
erected only to such height as is necessary to accomplish the
purpose for which they are intended, and are subject to planning
board review and approval.
No advertising devise of any kind
whatsoever shall be inscribed upon or attached to that part of any
chimney, tower, tank or other structure which extends above the roof
limitations. Agricultural
structures are exempt from height
regulations except for minimum distance to a residence. All farm
structures must be 1.5 times the height away from any residence.
All non agricultural structures over 100 feet high are subject to
site plan review and require a special use permit.
2.
On Through Lots
On through lots 120 feet or less
in depth, the height of a building may be measured from the grade of
either street.
On through lots more than 120 feet
deep, the height regulations and basis of height measurement for the
street permitting the greater height shall apply to a depth of not
more than 120 feet from that street.
ARTICLE VII - SITE PLAN APPROVAL AND SPECIAL PERMITS
SECTION
18 - Purpose and Authorization
The
purpose of site plan approval and special permit approval is to
ensure compliance with the objectives of this law, thereby promoting
the public health, safety and general welfare.
This section of the St.Johnsville Land
Use Law is enacted under the authority of Section 274-a of the Town
Law of the State of New York to protect the health, safety,
convenience and general welfare of the inhabitants of the Town.
This Section regulates the
development of structures and sites in a manner which considers the
following concerns and, where necessary, requires modification of
development proposals to eliminate or minimize potential problems
and nuisances.
The power to approve, approve with
conditions, or deny site plans and special permits as required by
this article is rested in the planning board.
All site plan and special permit
applications shall comply with the adopted, current requirements and
procedures of the planning board.
SECTION
19 - Developments Requiring Site Plan Review
All non agricultural projects in an
Agricultural district require site plan review.
In addition all special permits
require site plan review.
Site plan review and special
permit review should be conducted jointly by the planning board.
SECTION
20 - Procedure
A.
Prior to the submission of a
formal site plan, a pre-submission conference may be held wherein
the applicant shall meet in person with the Code Enforcement Officer
to discuss the proposed site plan so that the necessary subsequent
steps may be undertaken with a clear understanding of the Town’s
requirements in matters relating to the development of the site.
B.
Within six (6) months following
the pre-submission conference, five (5) copies of the site plan and
any related information shall be submitted to the Code Enforcement
Officer, accompanied by a fee in accordance with the schedule of
fees of the Town of St Johnsville, payable to the Town Clerk.
If the application is not
submitted within this six-month period, another pre-submission
conference may be required.
An Environmental Assessment Form,
as required by the State Environmental Quality Review Act, shall
also be submitted with the application.
C.
The Code Enforcement Officer shall
certify on each site plan or amendment whether or not the
application is complete in accordance with the requirements of this
section, and whether the plan meets the requirements of all land use
law provisions other than those of this section, such as setbacks,
number of parking spaces, etc.
The Code Enforcement Officer shall
act to certify the application or return it to the applicant for
completion or revision within ten (10) days of submission by the
applicant.
D.
Following certification of a
complete application, the Code Enforcement Officer shall forward the
application to the Planning Board no later than ten (10) days prior
to its next meeting.
E.
The Planning Board may, at its
discretion, hold a public hearing on the application.
Said hearing shall be held within
sixty-two (62) days of submission to the Planning Board of said
complete application.
The Planning Board shall give
notice of the hearing in a newspaper of general circulation in the
Town at least ten (10) days prior to the hearing.
In addition, the applicant shall
give notice in writing by certified mail, return receipt required to
all property owners of the land immediately adjacent to, extending
five hundred feet (500’) therefrom, and directly opposite thereto,
extending five hundred feet (500’) from the street frontage of the
land in said application.
The applicant shall mail these
notices at least ten (10) days in advance of the hearing and furnish
the Planning Board with such Post Office receipts as have been
received as of the date of such hearing.
F.
The Planning Board shall make a
determination of significance of the proposed site plan according to
SEQR.
The time limitations of paragraph
H of this section shall not apply until the conclusion of the SEQR
process.
G.
Whenever any Site Plan involved
real property in an area described in Section 239-m of the General
Municipal Law, said Site Plan shall be referred to the County
Planning Board, which Board shall report is recommendations to the
Town Planning Board.
Failure of the County Planning
Board to report within thirty (30) days may be construed to be
approval.
The concurring vote a majority plus one
of the Town Planning Board shall be necessary to override County
Planning Board recommendations of approval with modification or
disapproval.
In the event that the County
Planning Board recommends modifications or disapproval of a referred
matter and the Town Planning Board acts to the contrary, the Town
Planning Board shall file a report of its final action with the
County Planning Board within seven (7) days after final action.
H.
The Planning Board shall, within
62 days of the public hearing, if one is held, or within 62 days of
the receipt of a complete site plan application either:
1.
Approve the site plan if the Board
finds that the plan meets the requirements of this law and any other
applicable rules and regulations; or
2.
Condition approval of the site
plan upon the applicant making certain changes or modifications to
the plan, said conditions to be set forth in writing by the Board;
or
3.
Disapprove the site plan, the
reasons for such action to be set forth in writing by the Board.
Failure to act by the Planning Board
within the required time shall be deemed approval.
Should the Planning Board need an
additional amount of time to consider the application, then they may
do so with the consent of the applicant.
Said agreement shall be recorded
in the minutes
I.
Review of amendments to an
approved site plan shall be acted upon in the same manner as the
review of an original plan.
SECTION
21 - Enforcement
A.
The Planning Board may require the
posting of a bond or other similar performance guarantee to ensure
compliance with the plan and stated conditions of approval.
The Code Enforcement Officer may
suspend any permit or license when work is not performed as
required.
B.
Any Special Permit issued under
this section shall lapse within one year if a substantial use
thereof has not commenced, except for good cause.
The time required to pursue and
await determination of a judicial appeal pursuant to Chapter 274-b
of the Town Law shall be included within the one-year time limit.
C.
The Planning Board may adopt
additional detailed design guidelines and performance standards, as
it deems necessary by majority vote of the Planning Board, after
conducting a public hearing to receive comments on any proposed
revisions.
Such hearing shall be advertised
once in a newspaper of general local circulation, at least seven (7)
days prior to the hearing.
Such standards and guidelines
shall not become effective until adopted by the Town Board following
a public hearing.
D.
No topsoil, tree, shrubs or other
vegetation shall be removed from the site until a site plan has been
approved for the property in question.
SECTION 22 -
Submission Requirements
(Does not apply to
agricultural structures and single family residences)
A.
The site plan shall include the
following data, details and supporting plans.
The number of pages submitted will
depend on the proposal’s size and complexity.
All of the requirements must be
met in each plan except in accordance with Section 21, B, below.
B.
The Planning Board may waive any
of the requirements of Section 21, C or D or parts thereof, prior to
the submission of a formal site plan, when such requirements are not
material to the project under review.
C.
Site plans shall be prepared by a
surveyor, registered professional engineer, architect, or landscape
architect at a scale of one inch (1”) equals twenty feet (20’) or
less, on standard 24” x 36” sheets, with continuation on 8 1/2 x 11”
sheets as necessary for written information.
D.
Items required for submission
include:
1.
Name of the project, boundaries,
location maps showing site’s location in the town, date, north arrow
and scale of the plan.
This title block shall be located
in the lower right hand corner of the Site Plan.
2.
Name and address of the owner of
record, developer, and seal of the engineer, architect, surveyor or
landscape architect. 3. Name
and address of all owners of record of abutting parcels and those
within five hundred feet (500’) of the property line.
4.
All existing lot lines, easements,
and rights-of-way.
Include areas in acres or square
feet, abutting land uses, and the location and size of structures
within five hundred feet (500’) of the site.
5.
The location and use of all
existing and proposed buildings and structures within the
development.
Include all dimensions of height
and floor area, and shown all exterior entrances, and all
anticipated future additional and alterations.
6.
The location of all present and
proposed public and private way, parking areas, driveways,
sidewalks, ramps, curbs, fences, paths, landscaping and walls.
Location, type and screening
details for all waste disposal containers shall also be shown.
7.
The location, height, intensity
and bulk type (e.g. fluorescent, sodium incandescent) of all
external lighting fixtures.
The direction of illumination and
methods to eliminate glare onto adjoining properties must also be
shown.
8.
The location, height, size,
materials and design of all proposed signage.
9.
The location of all present and
proposed utility systems including:
a.
Sewage or septic systems
b.
Water supply system
c.
Telephone, cable and electrical
systems
d.
Storm drainage system including
existing and proposed
drainage lines, culverts, catch basins,
headwalls, end walls,
hydrants, manholes, and drainage
swales
The
Planning Board may also require soil logs, soil profile analysis
(deep hole test pits), percolation tests and storm water run-off
calculations for large developments or developments in
environmentally sensitive areas.
10.
Plans to prevent the pollution of
surface or groundwater, erosion of soil both during and after
construction, excessive run-off, excessive raising or lowering of
the water table, and flooding of other properties, as applicable.
There shall be pre and post
drainage calculations for the site done by a certified engineer.
From this the engineer must show
how there will be no increase in runoff from the site.
The use of ponds, dry wells, etc.
shall be used, but all sites shall have zero increase in runoff so
as not to disturb neighboring properties.
11.
Existing and proposed topography
at five foot (5’) contour intervals.
All elevations shall refer to the
nearest United States Coastal and Geodetic Bench Mark.
If any portion of the parcel is
within the 100-year floodplain, the area will be shown, and base
flood elevations given.
Indicate areas within site where
ground removal or filling is required, and give its approximate
volume in cubic yards.
12.
A landscape plan showing all
existing natural land features, trees, forest cover and water
sources, and all proposed changes to these features, including size
and type of plant material, and erosion control measure.
Water sources will include ponds,
lakes, brooks, streams, wetlands, floodplains, and drainage
retention areas.
13.
Zoning district boundaries within
two hundred feet (200’) of the site’s perimeter shall be drawn and
identified on the plan.
14.
Traffic flow patterns within the
site, entrances and exits, loading and unloading area, curb cuts on
the site and within two hundred feet (200’) of the site.
The
Planning Board may require a detailed traffic study for large
developments or for those in heavy traffic areas to include:
a.
The projected number of motor
vehicle trips to enter or leave the site, estimated for daily and
peak hour traffic level;
b.
The projected traffic flow pattern
including vehicular movements at all major intersections likely to
be affected by the proposed use of the site;
c.
The impact of this traffic upon
existing abutting public and private ways in relation to existing
road capacities.
Existing and proposed daily and
peak hour traffic levels as well as road capacity levels shall also
be given.
15.
For new construction or
alterations to any existing building, a table containing the
following information must be included:
a.
Area of building to be used for a
particular use such as
retain operation, office, storage,
etc.
b.
Maximum number of employees;
c.
Maximum seating capacity , where
applicable;
d.
Number of parking spaces existing and
required for the
intended use
e.
Dimensions, materials, and designs of all structures
16.
Elevation plans at a scale of 1/4”
= 1’ for all exterior facades of the proposed structures) and/or
existing facades, plus addition(s) showing design features and
indicating the type and color of materials to be used.
E.
An Environmental Assessment Form
(either a short or long form, depending upon the nature of the
proposal) shall be submitted with the site plan to insure compliance
with the New York State Environmental Quality Review Act (6 NYCRR
617), to identify the potential environmental, social, and economic
impacts of the project.
SECTION
23 - Standards for Review
The Planning Board shall review the site
plan and supporting documents, taking into consideration the
reasonable fulfillment of the objectives listed below.
Pursuant to Section 20, Paragraph
C, detailed design guidelines and performance standards may be
adopted by the Planning Board to guide decisions with respect to
these objectives, and to help ensure consistency in the review of
all applications.
A.
Land Classification
If project in consideration is to
be located on agricultural land as defined
on
page 25 , on site inspection to determine impact on remaining
portion of property must be carried out by LUO/CEO and or planning
board. ( See Section 66, diagram 1)
A.
Legal
Conformance with the provisions of
the Local Laws and Laws of the Town, the Town Law of New York State,
and all applicable rules and regulations of State and Federal
agencies.
B.
Traffic
Convenience and safety of both
vehicular and pedestrian movement within the site and in
relationship to adjoining ways and properties.
C.
Parking
Provision for off-street loading
and unloading of vehicles incidental to the normal operation of the
establishment, adequate parking, adequate lighting, and internal
traffic.
D.
Public Services
Reasonable demands placed on
public services and infrastructure.
E.
Pollution Control
Adequacy of methods of sewage and
refuse disposal and the protection from pollution of both surface
waters and groundwater.
This includes minimizing soil
erosion both during and after construction.
F.
Nuisances
Protection of abutting properties
and town amenities from any undue disturbances caused by excessive
or unreasonable noise, smoke, vapors, fumes, dust, odors, glare,
storm water runoff, etc.
G.
Existing Vegetation
Minimize the area over which
existing vegetation is to be removed.
Where tree removal is required,
special attention shall be given to planting of replacement trees.
H.
Amenities
The applicant’s efforts to
integrate the proposed development into existing landscape through
design features, such as vegetative buffers, roadside plantings, and
the retention of open space and agricultural land.
I.
Town Character
The building setbacks, area and
location of parking, architectural compatibility, signage, and
landscaping of the development, and how these features harmonize
with the surrounding landscape and the natural landscape.
SECTION
24 - Consultant Review
In it’s review, the Planning Board
may consult with the Town Building Inspector, Fire Commissioners,
Highway Superintendent and other local and county officials, and its
design private consultants, in addition to representatives of
federal and state agencies including, but not limited to, the Soil
Conservation Service, the State Department of Transportation, the
State Department of Environmental Conservation, and the NYS
Department of Health.
If a consultant is retained by the
board, the developer shall agree to pay his/her fees.
An estimate of his/her fees shall
be provided at the beginning of the project.
The developer will be required to
pay one-third at this time, another third at the time of the public
hearing and a final third before a decision is rendered by the
Board.
SECTION
25 - Additional Requirements
The Planning Board may require
such additional provisions and conditions that appear necessary for
advancement of the public environment.
Such shall include but shall not
be limited to the following:
A.
REIMBURSABLE COSTS:
Reasonable costs incurred by the
Planning Board for private consultation fees or other extra ordinary
expense in connection with the review of a proposed site plan shall
be charged to the applicant.
Such reimbursable costs shall be
in addition to the fee required in the Town Schedule of Fees for
site plan review.
B.
PERFORMANCE GUARANTEE:
No Certificate of Occupancy shall
be issued until all improvements shown on the final site plan are
installed or a performance guarantee, a letter of credit or a
certificate of deposit has been posted for improvements not yet
completed.
Such performance guarantee, letter
of credit or certificate of deposit shall be posted in accordance
with procedures specified within Section 277 of the Town Law
relating to subdivisions.
Other requirements relating to
performance guarantees may be established from time to time by the
Town Board.
The amount and sufficiency of such
performance guarantee shall be established by the Planning Board
after consultation with the Building Inspector, Attorney(s) for the
Town and the Planning Board’s designated consultants, or other
competent persons.
C.
INSPECTION OF IMPROVEMENTS:
The Code Enforcement Office shall
be responsible for the overall inspection of site improvements,
including coordination with the Town’s private consultants, as may
be appropriate on multi-family residential, commercial and
industrial projects.
SECTION
26 - Appeals
APPEALS:
Any person or persons, jointly or
severally aggrieved by any decision of the planning board concerning
review of a site plan may bring a proceeding to review in a manner
provided by Article Seventy-Eight of the Civil Practice Laws and
Rules in a court of record.
SECTION
27 - Special Permits
On application and after public notice
and hearing by the Planning Board, said board may authorize, by
resolution, the issuance of a special permit only for those uses in
a district where this law requires such a permit.
In authorizing the issuance of a
special permit, the Planning Board shall take into consideration the
public health, safety, and general welfare and shall prescribe
appropriate conditions and safeguard to insure the accomplishment of
the following objectives, unless otherwise provided all special
permits shall be valid for a period as determined by the Planning
Board.
OBJECTIVES:
1.
That all proposed structures,
equipment, or material shall be readily accessible for fire and
police protection.
2.
That the proposed use is of such
location, size, and character that, in general, it will be in
harmony with the appropriate and orderly development of the district
in which it is proposed to be situated and will not be detrimental
to the orderly development of adjacent properties in accordance with
the zoning classification of such properties.
3.
That, in addition to the above, in
the case of any use located in, or directly adjacent to a
residential district:
a.
The location size of such use, the nature
and intensity of operations involved in or conducted in connection
therewith, its site layout and its relation to access street shall
be such that both pedestrian and vehicular traffic to and from the
use and the assembly of persons in connection therewith will not be
hazardous or incongruous with, the said residential district or
conflict with the normal traffic or the neighborhood and use of
adjacent land and buildings or diminish the value thereof.
b. The location and height of buildings
and structures, the location, nature, and height of walls and
fences, and the nature and extent of screening and landscaping on
the site shall be such that the use will not hinder or discourage
the appropriate development
B.
PROCEDURE:
Since all special permits require site
plan review, the procedure for a special permit shall be the same as
specified for a site plan review, Section 17-25 except that a public
hearing is mandatory.
Site plan and special permit
review should be conducted jointly to save time, effort, and
repetition of information.
C.
CONDITIONS AND SAFEGUARDS:
In authorizing the issuance of a special
permit it shall be the duty of the Planning Board to attach such
conditions and safeguards as may be required in order that the
results of its action may, to the maximum extent possible, further
the general objectives of this law.
The Planning Board may require
that special permitted uses be periodically renewed.
Such renewal shall be granted
allowing due public notice and hearings, and may be withheld only
upon determination that such conditions as may have been prescribed
by the Board in conjunction with the issuance of the original permit
have not been, or are no longer being complied with.
In such cases, a period of 60 days will
be granted the applicant for full compliance prior to the revoking
of the said permit.
Any use for which a special permit
may be granted shall be deemed to be a conforming use in the
district in which such use is located providing that:
a. The
provision in this law under which such
exception
was issued is still in effect.
b. Such
exception was issued in conformity with the
provisions of
this law.
c. Such use
shall be deemed to affect only the lot or portion thereof for which
such permit shall have been granted.
D.
APPEALS:
Any
person or personal, jointly or severally aggrieved by any decision
of the Planning Board concerning review of a special permit may
bring a proceeding to review in a manner provided by Article
Seventy-Eight of the Civil Practice Laws and rules in a court of
record.
ARTICLE VIII - SUPPLEMENTARY REGULATIONS
SECTION
28 - Access to Improved Street
In any district, a lot to be used for
building purposes shall have direct frontage on a improved street,
or highway, or on a street in a subdivision plot approved by the
Planning Board.
SECTION
29 - Lots in Two Districts
Where a
district boundary line divides a lot in one ownership at the time of
adoption of said district line, the regulation for either district
may be used up to 100 feet into the other district provided the lot
has the minimum required frontage on a street.
SECTION
30 - Drive-In Food Services
Any drive-in food service building shall
be located 60 feet or more from any public right-of-way.
Such businesses, where persons are
served in automobiles, shall not be closer than 200 feet to a
Residential District.
Arrangements of ingress and egress
of vehicles, lights, fences and screening shall be approved by the
Planning Board in such a way as not to interfere with uses in the
Residential District.
SECTION 31 - Accessory Building:
Number, Height and Location
1.
Number:
On any lot intended or used
primarily for residential purposes, an accessory building such as
private garage for use in connection with the principal dwelling is
permitted.
2.
Height:
Maximum height of accessory
buildings shall be 25 feet, except that there shall be no height
limitation on barns, silos and other farm structures.
3.
Location:
Accessory private garage buildings
in Residential Districts which are not attached to a principal
building may be erected within the rear yard accordance with the
following requirements:
(a)
Rear Yard:
Five feet from side or rear
property line, except when abutting an alley, then 10 feet,
(b)
Side Yard:
Street side of corner lot - same
as for principal building.
(c)
Not closer to a principal or
accessory building than 10 feet
(d) In any district, accessory
buildings other than private garages shall comply with front and
side yard requirements for the principal building to which they are
accessory and shall be not closer to any rear property line than 10
feet.
4.
Attached Accessory Building in Residence
District:
When an accessory building is
attached to the principal building, it shall comply in all respects
with the requirements of this law applicable to the principal
building.
5.
Maximum lot coverage is to include
all principal and accessory structures
SECTION
32 - Mineral Extraction
In the N-P-Natural Products district, the
mining of more than one thousand tons or seven hundred fifty cubic
yards, whichever is less, of minerals from the earth within twelve
successive calendar months shall require a
New York State Department of
Environmental Conservation (DEC) permit and approval.
Local
review by the planning board is
not
authorized.
The Town
Board will be sent a copy of the applicant’s proposal and may make
suggestions
on ingress, egress and hours of operation, but final decisions are
that of the DEC.
In the
R-Residential, RR-Rural, A-Agricultural, C-Commercial, I-Industrial,
and H-Historic Districts the mining of more than five hundred tons
or three hundred seventy five cubic yards, whichever is less, of
minerals from the earth within any twelve successive calendar months
is prohibited.
SECTION
33 - Junkyards
All
junkyards, wrecking yards, or places for the collection of
recoverable 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 a
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 percent slope, on a
floodplain, or within 100 feet of any stream bed.
C.
Materials stored and collected
shall not be stacked or piled to a height greater than the closest
eight-foot fence.
D.
Operation of junkyard is
conditional upon the granting of an annual operating license from
the Town Board in accordance with Section 136 of the General
Municipal Law and this Section of this Law.
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 or camping vehicles shall
require licensing as a junkyard.
The outdoor storage of one or more
inhabitable 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 further 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
but care should be taken as to not create an eyesore. LUO/CEO
reserves right of judgment in this instance.
SECTION
34 - Signs
Signs
shall comply with the following regulations:
1.
In R-1 and R-M Residential and H
Historic, non-illuminated and non-advertising signed are permitted
as follows:
(a)
One business sign, not to exceed
an aggregate of twenty-four (24) square feet of sign area, showing
the name or permitted home occupation of the occupant of the
premises.
(b)
One sign not to exceed an
aggregate of twenty-four (24) square feet of sign area, during and
pertaining to the sale, lease or rental, of the land or building.
(c)
One temporary sign not to exceed
an aggregate of twenty-four (24)
square feet of sign area, during and pertaining to
construction, repairs, or
alterations to the property.
(d)
Institutional or religious
announcement sign, not to exceed sixty-four (64) aggregate feet in
area.
(e)
The above signs can be located in
any required yard provided that the sign is setback at least fifteen
(15) feet from the road right-of-way.
(f)
Two farm product signs, each not
exceeding sixty-four (64) aggregate feet in area, may be displayed
on the property, but only when such products are on sale.
2.
In
A-Agricultural, C- Commercial, I-Industrial and N-P-Natural Products
Districts, non-flashing, non-advertising signs are permitted as
follows:
(a)
A business sign or signs directing
attention to a business or profession conducted, or a commodity,
service or entertainment offered or sold on the premises shall be
permitted.
Such sign can be two sided with a
maximum of thirty-two (32) square feet on each side.
The size of the sign may increase
if the road frontage, on which the sign is displayed, is over five
hundred (500) feet.
For each additional five hundred
(500) feet of road frontage, the sign may increase twenty-five (25)
square feet on each side with a maximum total of one hundred (100)
square feet on each side.
No such sign shall project into or
over the public right-of-way.
In the case of a retail store or
other group of related buildings, in addition to the general sign,
each individual unit may display an identification sign affixed flat
against the building.
Said sign may be a maximum of ten
(10) percent of the vertical square feet of the side of the building
it is attached to.
(b)
If illuminated, the source of
light shall not be visible.
(c)
Non-illuminated real estate signs,
not over sixteen (16) square feet in aggregate area, advertising the
sale, rental or lease of the premises on which they are located are
permitted, but not in any required yard.
3.
For N-P-Natural Products Businesses advertising signs are permitted
as follows:
(a)
Such sign shall be a maximum of 250 square feet.
(b)
Only one advertising sign per lot is allowed.
(c)
If illuminated, the source of light shall not be visible.
SECTION
35 - Permanent Building Foundations
All
dwellings, including One-family, Two-Family, Multiple-Family, Board
or Rooming Houses, Mobile Homes, and Modular homes shall be placed
upon a permanent foundation, except for mobile homes located within
a mobile home court and temporary mobile homes permitted by special
permit by the Planning Board.
SECTION
36 - Vision Clearance at Intersections
No
obstructions to vision, such as shrubbery, brush, trees, earth, or
structure, 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 20 feet distance from their
point of intersection.
SECTION
37 - Landscaping Requirements
A.
Where any permitted
non-residential land use, multiple-family development or mobile home
park abuts an existing residential parcel or vacant parcel where
residential development could occur, a strip of land at least 20
feet wide shall be maintained as a landscaped area in the front,
side and/or rear yard which adjoin these uses.
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.
In any case, all such landscaping
shall be a minimum of four (4) feet in height.
SECTION
38 - Corner and Through Lots
Front yard setbacks and minimum road
frontages are required on both road fronts.
The two remaining yards shall be
designate by the applicant as to which will be the rear yard and
which will be the side yard.
SECTION
39 - Flag Lots
A.
The access strip of land shall be
a minimum of 50 feet wide .
B.
The minimum lot area, lot width
and lot depth requirements shall be met exclusively 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 strip 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 percent of the
lots in a new residential subdivision approved after the date of the
adoption of these zoning revisions shall be flag lots.
SECTION
40 - Environmental Quality Review
The State Environmental Quality Review
requires that local government 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.
SECTION
41 - Dish Antennae
A.
All dish antennae over 36 inches
shall be located in either the side or rear yards, unless the owner
can prove his/her only “window of reception” is in the front yard.
In the event that no “window of
reception” is available on the ground, such antennae may be placed
on the roof of the dwelling structure.
B.
The location and design of dish
antennae shall minimize the visual impact on adjacent property as
determined by the Code Enforcement Officer, appealable to the Zoning
Board of Appeals.
SECTION
42 - 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.
SECTION
43 - 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 footing installed below the frost line or embedded in
concrete runners or a concrete slab or a suitable substitute as
deemed acceptable by the Building Inspector.
B.
The mobile home will be provided
with skirts or screen the space between the mobile home and the
stand.
Such skirts shall be made of
concrete block
or 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 shall bear 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.
F.
All mobile homes installed in the
Town shall meet current US Department of Housing and Urban
Development (HUD) standards and shall have a seal by HUD designating
and verifying the age of the mobile home.
G.
All mobile
homes installed in the town shall be less than ten years old.
SECTION
44 - Public Utility Facility Personal Wireless Service Facility
Public
utility substations and similar structures, shall comply with the
following:
A.
Facility shall be surrounded by a
fence set back from property lines in conformance with district
regulations for front, side and rear yards.
B.
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 property.
D.
Public Utility Services' line
poles and attendant lines will be allowed, as necessary, in all
districts.
SECTION
45 - Swimming Pools
A.
Accessory to Single Family
Dwellings
Swimming pools, whether permanent or portable, having depth of at
least two (2) feet, shall meet the front, rear, and side setback
requirements.
B.
Accessory to Residential
Developments
Swimming pools accessory to residential developments, whether
clustered single-family dwellings, seasonal dwelling, bungalow
colonies, camps or multi-family dwelling, shall be of permanent
construction and shall be located not closer than 10 feet to any lot
line and closer than 10 feet to any dwelling unit and shall meet the
setback of the existing house.
C.
Non-Residential
Swimming pools that are part of non-residential uses, whether
commercial or non-commercial, such as hotels, motels, clubs,
campgrounds, day-use recreational facilities or institution, shall
be of permanent construction and shall be located not closer than
the setback requirements for the district in which it is located.
D.
Fencing
Fencing
of swimming pools shall comply with the New York State Uniform Fire
Prevention and Building Construction Code requirements.
SECTION 45.1
Adult Oriented Businesses Overlay
A.
Adult Oriented Businesses have
secondary effects that can have a significant impact on the
neighborhood and community in which they are located, particularly
when concentrated in any one area.
The special regulations deemed
necessary to regulate these secondary effects are set forth below.
The primary purpose of these
regulations is to preserve the community character and quality of
life in the Town of St. Johnsville.
The provisions of this section
have neither the purpose nor the effect of imposing a limitation or
restriction on the contact of any communicative materials, or to
deny access by adults to Adult Oriented Businesses.
B.
No Adult Oriented Business shall be located within one thousand
(1000) feet of the property line of the parcel of land upon which
any residence is located.
C.
No Adult Oriented Business shall be located within one thousand
(1,000) feet of the property line of the parcel of land upon which
any school, child care facility, church or other place of religious
worship, public or private park, playground or playing field, bike
path, cemetery, youth center or library, is located.
D.
No Adult Oriented Business shall be located within one thousand
(1000) feet of the Town of St. Johnsville municipal boundary.
E.
No Adult Oriented Business shall be located on the same parcel as
another Adult Oriented Business, or within one thousand (1000) feet
of the property line of the parcel of land upon which any other
Adult Oriented Business is located.
F.
Any building or structure in which an
Adult Oriented Business is located may have one exterior sign
limited to text to identify the name and purpose of said business,
and conforming to all sign regulations in Article VIII Section 34 of
this law.
In addition, no interior sign,
display or advertising of any kind shall be visible from the
exterior of such building.
ARTICLE IX - OFF STREET PARKING AND LOADING
SECTION
46 - Automobile Parking Facilities
Where one or more motor or other vehicle
recurrently parks by reason of the use and occupancy of the
premises, there shall be provided on or in convenient connection
therewith adequate garage or vehicular parking spaces for the number
and in proportion to the vehicular parking spaces for the number and
in proportion to the size of the vehicles which so park, the minimum
to be not less than one hundred eighty square feet per automobile,
in addition to driveway and backing and turning space.
The recurrent parking of any such
vehicle shall be evidence of the failure to provide adequate and
suitable garage or parking source on or in convenient connection
with such premises.
Parking requirements for certain uses are
specified in Schedule B.
For uses not specified, the Board
of Appeals shall establish parking requirements, after
recommendation of the Planning Board.
For any
building having more than one use, parking shall be required for
each use.
SECTION
47 - Off-Street Loading Facilities
Off-street loading facilities shall be provided for each commercial
or industrial establishment hereafter erected or substantially
altered and shall be so arranged as not to interfere with pedestrian
or motor traffic on the public street or highway.
Loading space requirements for certain
uses are specified in Schedule B.
For uses not specified, the Board
of Appeals shall establish loading requirements, after
recommendation of the Planning Board.
Loading
requirements apply to each separate occupancy and are exclusive of
driveways, aisles and other necessary circulation areas.
SCHEDULE B - OFF-STREET PARKING & LOADING
PARKING
SPACES REQUIRED
1.
Dwelling
2 spaces for each dwelling
unit or 1 1/2 space per
dwelling w/3+ units
2.
Rooming house,
1 space for each guest room
Tourist home,
Hotel, motel
3.
Administrative,
1 space for each 400 square
Professional, utility,
ft of floor space
Governmental office or
Eleemosynary (charitable
Institution)
4.
Funeral Home
10 spaces, plus space for all
employees and resident
personnel
5.
Church
1 space for each 3 seating
spaces in main assembly
room
6.
Elementary School
2 spaces for each classroom
7.
High School
4 spaces for each classroom
8.
Theater or other place
1 space for each 2 seating
spaces of assembly plus one
for each employee
9.
Hospital
3 spaces for each bed
10.
Nursing or convalescent
1 space or each 4 beds plus
Home
one for each staff member
(max. shift)
11.
Retail store or bank
3 spaces for each 300 square
feet of
floor space
devoted to customer use
12.
Clubs or Restaurants
1 space for each two
customers seats plus 1 for
each employee based on max.
working shift
13.
Bowling Alley
5 spaces for each alley plus
one for each employee, max.
shift
14.
Wholesale, storage, freight
1 space for each 1,000 square
terminal or utility use
feet of gross floor area
15.
Industrial
1 space for each two
employees for
manufacturing use based on the maximum working shift
16.
Home Occupation
1 space for each client or patient
OFF-STREET LOADING USE
SPACES REQUIRED
1.
All commercial use
1 space for five thousand
(5,000) SF or more gross floor
area, plus 1
space for each
additional six thousand
6,000) SF gross floor area
2.
All industrial use
1 space for five thousand
(5,000)SF or more gross floor
area, plus 1
space for each
additional six thousand
(6,000) SF gross floor area
3.
Institution
1 space for five thousand
(5,000)SF or more gross floor
area, plus 1
space for each
additional six thousand
6,000) SF gross floor area
4.
Hospital
1 space for five thousand
(5,000)SF or more gross floor
area, plus 1
space for each
additional six thousand
(6,000) SF gross floor area
5.
Hotel
1 space for five thousand
(5,000)SF or more gross floor
area, plus 1
space for each
additional six thousand
(6,000) SF gross floor area
ARTICLE X - NON-CONFORMING USES
SECTION
48 - Continuation of Non-Conforming Uses
The lawful use of any land or building
existing at the time of adoption of this Law may be continued
although such use does not conform with the provisions of this Law.
Any such building may be
reconstructed or structurally altered and the non-conforming use
thereby changed, provided the following conditions prevail:
SECTION
49 - Non-Conforming Uses of Buildings
1.
Reconstruction or Alteration
A non-conforming building may not
be reconstructed or altered during its life to exceed fifty (50)
percent of its fair value, unless such building is changed from a
non-conforming use to a conforming use as defined by this Law,
except that a mobile home which is a pre-existing non-conforming use
may be replaced with a new or larger mobile home, provided that such
exchange is made within 30 days, and the owner has obtained a
building permit to make the exchange.
2.
Restoration
A building, non-conforming as to
use, which has been damaged by fire or other causes to the extent of
seventy-five (75) percent of its fair value, and has not been
repaired or reconstructed for the same non-conforming use within a
period of twelve (12) months, shall not be repaired or reconstructed
except in conformance with the regulations of the District in which
such building is located.
3.
Discontinuance When a
non-conforming use has been discontinued for a period of twelve (12)
months, any future use of such building shall conform with the
regulation for the District in which it is located.
4.
Changes
A non-conforming use may not be
changed to another non-conforming use under the provisions of this
Section.
5.
Completion of Building Any
building lawfully under construction at the time of enactment of
this Law may be completed.
SECTION
50 - Non-Conforming Use of Land
The non-conforming use of land shall not
be enlarged or extended beyond the area of land occupied by such use
at the time of adoption of this Law.
A non-conforming use of land may
not be moved in whole or in part to any other portion of the lot or
parcel of land occupied by such non-conforming use at the time of
adoption of this Law.
If a non-conforming use of land is
discontinued for a period of twelve (12) consecutive months, it
shall not be renewed, and any subsequent use of the land shall
conform to the regulations of the
district in which the land is located.
ARTICLE XI - ADMINISTRATION
SECTION
51 - Enforcement
This law shall be enforced by the
Enforcement Officer designated by the Town Board.
The Enforcement Officer shall in
no case grant any building permit where the proposed erection,
alteration, relocation, or use would be in violation of any
provision of this Law.
The Enforcement Officer shall make
inspections of buildings or premises necessary to carry out his
duties.
No permit or certificate of
occupancy required hereunder shall be issued by the Enforcement
Officer except in compliance with the provisions of this Law or as
directed by the Board of Appeals under the provisions of ARTICLE
XII.
SECTION
52 - Building Permit
1.
No building shall hereafter be
erected, relocated or altered as to outside dimensions or so as to
permit a change in its use and no excavation for any building shall
be begun unless and until a permit therefore has been issued by the
Enforcement Officer.
2.
No such permit shall be issued
until there has been filed with the Enforcement Officer a sketch or
plot plan showing the actual dimensions and angles of the lot to be
built upon, the exact size and location of the building or accessory
buildings to be erected, relocated or altered and such other
information of this law.
Each application shall state the
purpose for which the structure of land is to be used and a general
description of the type of construction.
A working drawing of any proposed
building shall be filed with the application for a building permit.
3.
The Enforcement Officer shall act
upon all applications for building permits within a reasonable time
not to exceed 10 days, and shall, within such period, issue or
refuse to issue such permits.
Notice of refusal to issue any
permit shall be given to the owner or to his authorized
representative in writing, and shall state the reason for said
refusal.
The fee for any such permit shall
be determined by the Town Board from time to time.
4.
Permits will not be necessary for
minor repairs, painting, plumbing etc. All swimming pools shall
require a building permit.
5.
A building permit shall be issued
for a period of one year and may be renewed for two additional
years.
If the improvements described in
the application for a building permit have not been completed within
three years from the date that the permit is issued, the owner shall
apply to the Zoning Board of Appeals to continue the permit in
force.
6.
No building permit shall be issued
for lots in an approved subdivision except as provided for in the
subdivision regulations.
SECTION
53 - Certificate of Occupancy
No land shall be used or occupied and no
building hereafter erected, altered or extended shall be used or
changed in use until a certificate of occupancy shall has been
issued by the Enforcement Officer.
Under such rules as may be
established by the Board of Appeals, a temporary certificate of
occupancy for not more than 30 days for a part of a building may be
issued by the Enforcement Officer.
For previously existing
construction, the Enforcement Officer may, on request, issue such
certificate if he determines that the use of the building in
question meets the requirements of the law.
A certificate of occupancy shall be
issued only if the proposed use and construction of the building or
land conforms to the provisions of this law and to the plot plan,
purpose and description of which the permit was issued.
The Enforcement Officer shall make
or cause to have made and inspection of each building or lot for
which a certificate of occupancy has been applied before issuing
such certificate.
Such inspection shall be made
within ten (10) days from the date of application, Saturday, Sundays
and legal holidays excepted.
The Enforcement Officer shall deny a
certificate of occupancy if any violation of the State or County
Health regulations is discovered.
The issuance of a Certificate of
Occupancy shall not be construed as a representation by the Town
that the premises comply with such health Regulations, but solely
that no violations have been found.
SECTION
54 - Violations
1.
Any person, firm or corporation
who commits an offense against, disobeys, neglects or refuses to
comply with or resists the proper enforcement of any of the
provisions of these regulations shall, upon conviction, be deemed
guilty of a violation, punishable by a fine of $350.00, or by
imprisonment not exceeding twenty (20) days, or by both such fine
and imprisonment.
Each week an offense is continued
shall be deemed a separate violation of these regulations.
2.
In case any building or structure is
erected, constructed, reconstructed, altered, converted or
maintained; or any building, structure or land is used; or any land
is divided into lots, blocks, or sites, In violation of this Law,
the Town Board or the Code Enforcement Officer may institute an
action or proceeding in the Town Justice Court or In the County
Court, Montgomery County, to prevent such unlawful conduct; to
restrain, correct or abate such violation; to prevent the occupancy
of said building, structure or land; or to prevent any illegal act,
conduct, business or use in or about subject
premises.
In any such action by the Town
Board or the Code Enforcement Officer, any person found to have
violated the law shall be liable to the Town.
ARTICLE XII - ZONING BOARD OF APPEALS
SECTION
55 - Creation, Appointment and Organization
A Land Use Board of Appeals is hereby
created.
Said Board shall consist of five
members appointed by the Town board.
The Town Board shall also
designate the Chairman.
The Zoning Board of Appeals shall
prescribe rules for the conduct of its affairs.
SECTION
56 - Powers and Duties
The
Zoning Board of Appeals shall have all the powers and duties
prescribed as by statue and by this Law, which are more particularly
specified as follows:
1.
Interpretation:
Upon appeal from a decision by an
administrative official, to decide any question involving the
interpretation of any provision of this law, including determination
of the exact location of any district boundary if there is
uncertainty with respect thereto.
2.
Appeals for Variances:
The Zoning Board of Appeals shall
hear requests for variance s.
Not all requests for variances
need include a denial from the Code Enforcement Officer.
New State laws passed in 1993
allow applicants with proposed subdivisions or site plans which lack
minimum area, frontage or setback requirements to appeal directly to
the Zoning Board of Appeals.
3.
Area variances:
Area variances may be granted
where setback, frontage, lot size, density or yard requirements of
this law cannot be reasonably met.
In making decisions, the Zoning
Board of Appeals shall take into consideration the benefit to the
applicant if the variance is granted, as weighed against the
detriment to the health, safety and welfare of the neighborhood or
community by such grant.
In making such determination, the
Zoning Board of Appeals shall also consider:
a. Whether an undesirable change
will be produced in the character of the neighborhood or a detriment
to nearby properties will be created by granting of the area
variance;
b. Whether the benefit sought by
the applicant can be achieved by some method, feasible for the
applicant to pursue, other than an area variance;
c. Whether the requested area
variance is substantial;
d. Whether the proposed variance
will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district; and
e. Whether the alleged difficulty
was self-created, which consideration shall be relevant to the
decision of the Zoning Board of Appeals, but shall not necessarily
preclude the granting of the area variance.
The Zoning Board of Appeals, in
the granting of area variances, shall grant the minimum variance
that it deems necessary and adequate and yet at the same time which
will preserve and protect the character of the neighborhood and the
health, safety and welfare of the community.
4.
Use Variance:
Use variances may be granted by
the ZBA for the use of land for a purpose which is otherwise not
allowed or is prohibited by the applicable zoning regulation.
No such variance shall be granted
by a Zoning Board of Appeals without a showing by the applicant that
applicable zoning regulations and restrictions have cause
unnecessary hardship.
The applicant shall demonstrate to
the Zoning Board of Appeals that:
a.
Under applicable zoning
regulations the applicant is deprived of all economic use or benefit
from the property in question, which deprivation must be established
by competent financial evidence;
b.
That the alleged hardship relating
to the property in question is unique and does not apply to a
substantial portion of the district of neighborhood;
c. That the requested use
variance, if granted, will not alter the essential charter of the
neighborhood; and
d. That the alleged hardship has
not been self-created.
5.
Procedure:
a. All applications for variances
shall be in writing on forms established by the Zoning Board of
Appeals.
They are available from the Code
Enforcement Officer;
b.
Every application shall refer to the specific provision of the law
involved and establish the details of why the variance should be
granted;
c. Upon
receipt of the completed application, the Zoning Board of Appeals
shall:
1)
Schedule a public hearing within
62 days;
2)
Arrange publication of notice of
public hearing in the Town’s official newspaper;
3)
Notify the applicant of the date
of the public hearing at least 15 days in advance of such hearing;
4)
All use variances submitted to the
Zoning Board of Appeals shall be referred to the Planning Board for
review as to the conformance with the objectives of the
Comprehensive Plan.
No decision shall be made by the
Zoning Board of Appeals until such Planning Board review has been
completed and a report issued.
If the Planning Board fails to
issue its report within 30 days, the Zoning Board of Appeals shall
assume that a favorable report has been issued;
5)
Refer application to the County
Planning Board as required by General Municipal Law Section 239, if
required;
6) Determine whether a Draft
Environmental Impact Statement should be required.
d. The applicant shall notify by
certified mail, return receipt required, all landowners within 500
feet of the applicant’s parcel.
e. Within 62 days of the close of
the Public Hearing, the Zoning Board of Appeals shall render a
decision.
If the matter was referred to the
County Planning Board, a copy of the Zoning Board of Appeals’
findings and decision must be sent to the County Planning Board.
f. Every decision of the Zoning
Board of Appeals shall be by resolution, each of which will contain
a full record of the findings of the Board in the particular case.
Each such resolution shall be
filed in the office of the Town Clerk by case number under one or
another of the following headings:
Interpretations, Use Variances and
Variance Variances; together will all documents pertaining thereto.
The Zoning Board of Appeals shall
notify the Town Board of each variance granted under the provisions
of this law.
ARTICLE XIII - AMENDMENTS
SECTION
57 - Amendments, How Initiated
The
Town Board may, from time to time, on its own motion, amend,
supplement, repeal or change the regulations or district boundaries
established by this law.
Whenever the owners of fifty (50) percent or more of the frontage in
any district or part thereof included in such change shall present a
petition duly signed and acknowledged the Town Board requesting an
amendment, supplement or change of the regulations prescribed for
such district or part thereof, it shall be the duty of the Town
Board to vote upon said petition within ninety (90) days after the
filing of the same by the petitioners with the Town Clerk.
The Planning Board may, by resolution,
propose an amendment to the Town Board suggesting a change or repeal
of specific portions of the regulation.
Within ninety (90) days from the
time such resolution is filed with the Town Clerk it shall be the
duty of the Board to vote on such proposed amendment.
SECTION
58 - Referral of Amendments to Town Planning Board
All proposed amendments, supplements or
change originating by petition, or by motion of the Town Board,
shall be referred to the Town Planning Board for a report and
recommendation thereon.
The Town Planning Board shall
submit its report within forty-five (45) days after receiving
referral.
Failure of the Planning Board to
report within the required time may be deemed to be approval of the
proposed amendment.
SECTION
59 - Hearing on Proposed Amendment
Before any amendment, supplement or
change in the regulations or district boundaries, there shall be a
public notice and hearing thereon as provided by law.
The notice of hearing shall be
published in the official newspaper at least ten (10) days prior to
the hearing.
Such hearing may be held by the
Town Board, by a committee of the Board, or by the Planning Board on
request of the Town Board.
SECTION 60 - Adoption of Amendment
After the public hearing, and referral to and report by the Planning
Board, a majority vote of the members of the Town Board shall be
required to amend the Land use law except as described in Section 61
Protect Petition.
SECTION 61 - Protect Petition
If a protect against a proposed amendment, supplement or change is
presented to the Town Board, duly signed and acknowledged by the
owners of twenty (20) percent or more of the area of the land
included in such proposed change, or by the owners of twenty (20)
percent or more of the land immediately adjacent extending one
hundred (100) feet therefrom, or by the owner of twenty (20) percent
or more of the land directly opposite thereto extending one hundred
(100) feet from the street frontage of such opposite land, such
amendment shall not be passed except by the favorable vote of three
fourths of the Town Board.
ARTICLE XIV - MISCELLANEOUS
SECTION 62 - Periodic Review of Land use law
From time to time, at intervals of not more than three (3) years,
the Planning Board shall re-examine the provisions of this law and
the location of district boundary lines and shall submit a report to
the Town Board, recommending such changes or amendments, if any,
which may be desirable in the interest of public safety, health,
convenience, necessity or the general welfare.
SECTION 63 - Validity
The validity of any section or provision of this law shall not
invalidate any other section or provision thereof.
SECTION 64 - Interpretation
In their interpretation and application,
the provisions of this law shall be held to be minimum requirements,
adopted for the promotion of the public health, morals, safety, or
the general welfare.
Whenever the requirements of this
law are at variance with the requirements of any other lawfully
adopted rules, regulations or laws, the more restrictive, or that
imposing the high standard shall govern.
SECTION 65 - When Effective
This law shall take effect in accord with Section 264 of the Town
Law.
SECTION 66 – Diagrams
Diagram 1-
Agricultural Land Preference
If any
A-Agricultural District land is sold, developed, or taken out of
production for any reason, no more than 10% of original parcel can
be developed. The remaining 90% must be used or made available for
agricultural use.(industrial district exempt) All A –Agricultural
land must at a minimum be clipped or mowed yearly so as to prevent
brush and or trees from growing rendering the land useless for
agricultural practices. (Industrial district not exempt)
Appendices and Amendments
The
following sections may contain their own list of definitions. These
definitions refer to subsequent section only and take precedent over
any other given definition in this document. In the event no
definition is given, Section 4 of the general document will be used.
Appendix A
THIS SECTION ADDRESSES THE REGULATING AND SITING OF
TELECOMMUNICATIONS TOWERS,
ANTENNAE AND RELATED FACILITIES
INDEX
Section 1. PURPOSE AND LEGISLATIVE INTENT.
Section 2. Title.
Section 3. Severability.
Section 4. Definitions.
Section 5. Overall Policy and Desired Goals for Special Use Permits
for Telecommunications
Towers.
Section 6. Special Use Permit Application and Other Requirements
Section 7. Location of Telecommunications Towers.
Section 8. Shared use of Telecommunications Tower(s).
Section 9. Height of a Telecommunications Tower
Section 10. Visibility of a Telecommunications Tower
Section 11. Security of Telecommunications Towers
Section 12. Signage
Section 13. Lot Size and Setbacks
Section 14. Retention of Expert Assistance and Reimbursement by
Applicant
Section 15. Exceptions from a Special Use Permit for a
Telecommunications Tower.
Section 16. Public Hearing Required
Section 17. Acting on an Application for a Special Use Permit for a
Telecommunications Tower.
Section 18. Recertification of a Special Use Permit for a
Telecommunications Tower.
Section 19. Extent and Parameters of Special Use Permit for a
Telecommunications Tower.
Section 20. Application Fee.
Section 21. Performance Security
Section 22. Reservation of Authority to Inspect Telecommunications
Towers
Section 23. Annual NIER Certification.
Section 24. Liability Insurance
Section 25. Indemnity.
Section 26. Fines
Section 27. Default and/or Revocation.
Section 28. Circumstances Resulting in the Removal of a
Telecommunications Tower.
Section 29. Relief
Section 30. Periodic Regulatory Review by the Board.
Section 31. Adherence to State and/or Federal Rules and Regulations.
Section 32. Conflict with Other Laws
Section 33. Effective Date. Section
34. Authority.
Section 1. PURPOSE AND LEGISLATIVE INTENT.
THE TELECOMMUMCATIONS ACT OF 1996 AFFIRMED THE TOWN OF ST.
JOHNSVILLES AUTHORITY CONCERNING THE PLACEMENT,
CONSTRUCTION AND MODIFICATION OF TELECOMMUNICATIONS TOWERS.
THE TOWN BOARD OF THE TOWN OF ST. JOHNSVILLE FINDS THAT
TELECOMMUNICATIONS TOWERS AND RELATED FACILITIES MAY POSE A
UNIQUE HAZARD TO THE HEALTH, SAFETY, PUBLIC WELFARE AND ENVIRONMENT
OF THE TOWN OF ST. JOHNSVILLE AND ITS INHABITANTS.
THE TOWN ALSO RECOGNIZES THAT FACILITATING THE DEVELOPMENT OF
WIRELESS SERVICE TECHNOLOGY CAN BE AN ECONOMIC DEVELOPMENT
ASSET TO THE TOWN AND OF SIGNIFICANT BENEFIT TO THE TOWN AND ITS
INHABITANTS. IN ORDER TO INSURE THAT THE PLACEMENT,
CONSTRUCTION OR MODIFICATIONS OF TELECOMMUNICATIONS TOWERS
AND RELATED FACILITIES IS CONSISTENT WITH THE TOWN'S LAND USE
POLICIES, THE TOWN IS ADOPTING A SINGLE,COMPREHENSIVE,
TELECOMMUNICATIONS TOWER APPLICATION AND PERMIT PROCESS. THE
INTENT OF THIS LAW IS TO MINIMIZE THE NEGATIVE IMPACT OF
TELECOMMUNICATIONS TOWERS, ESTABLISH A FAIR AND EFFICIENT
PROCESS FOR REVIEW AND APPROVAL OF APPLICATIONS, ASSURE AN
INTEGRATED, COMPREHENSIVE REVIEW OF ENVIRONMENTAL IMPACTS OF
SUCH FACILITIES, AND PROTECT THE HEALTH, SAFETY AND WELFARE OF
TOWN OF ST. JOHNSVILLE.
Section 2. Title.
This Law (Appendix A of the St Johnsville Land Use Law) may be known
and cited as the Telecommunications Tower Siting and Special Use
Permit Law for the Town of St. Johnsville.
Section 3. Severability.
A)
If any word, phrase, sentence, part,
Section, Subsection, or other
portion of this Law or
any application thereof to any
person or circumstance is declared
void, unconstitutional, or
invalid for any reason, then
such word, phrase, sentence, part,
Section, Subsection, or
other portion, or the proscribed Application thereof shall be
severable, and the remaining
provisions of this Law, and all applications thereof not having been
declared void,
unconstitutional, or invalid, shall
remain in full force and effect.
B)
Any special use permit issued under this law shall be comprehensive
and not severable. If
part of a permit is deemed or ruled to be invalid or unenforceable
in any material respect,
by a competent authority, or is overturned by a competent authority,
the permit shall be
void in total, upon election by the Board
Section 4. Definitions.
For purposes of this Law, and where not inconsistent with the
context of a particular Section, the
defined terms, phrases, words, abbreviations, and their derivations
shall have the meaning given in
this Section (Appendix A). When not inconsistent with the context,
words in the present tense include the future tense, words used in
the plural number include words in the singular number and words in
the
singular number include the plural number. The word "shall" is
always mandatory, and not merely
directory.
1.
"Accessory Facility or Structure"
means an
accessory facility or structure serving or being
used in conjunction with a Telecommunications Tower, and located on
the same property or lot
as the Telecommunications Tower, including but not limited to,
utility or transmission
equipment storage sheds or cabinets.
2.
"Applicant"
means and
shall include any individual, corporation, estate, trust
partnership, joint
stock company, association of two (2) or more persons, limited
liability company, or entity
submitting an Application to the Town of St Johnsville for a Special
Use Permit for a
Telecommunications Tower.
3.
"Application"
means the form approved by the Board, together with all necessary
and
appropriate documentation that an Applicant submits in its request
to receive a Special Use
Permit for a Telecommunications Tower.
4.
"Antenna"
means a system of electrical conductors that transmit or receive
electromagnetic
waves or radio frequency signals. Such waves shall include, but not
be limited to radio,
television, cellular, paging, personal Telecommunications services
(PCS), and microwave
Telecommunications.
5.
"Board"
means the
Town of St. Johnsville/Planning Board, which is the officially
designated
agency or body of the community to whom applications for a Special
Use Permit for a Telecommunications Tower must be made, and that is
authorized to review, analyze, evaluate and make decisions with
respect to granting or not granting, recertifying or not
recertifying, or revoking special use permits for Telecommunications
Towers. The Board may at its discretion delegate or designate other
official agencies of the Town to accept, review, analyze, evaluate
and make recommendations to the Board with respect to the granting
or not granting, recertifying or not recertifying or revoking
special use permits for Telecommunications
Towers.
6.
"Break point"
means the
location on a Telecommunications Tower which, in the event of a
failure of the Telecommunications Tower, would result in the
Telecommunications Tower falling or collapsing within the boundaries
of the property on which the Telecommunications
Tower is placed.
7.
"Camouflaged Tower"
means any Tower or supporting structure that, due to design,
location,
or appearance, partially or completely hides, obscures, conceals, or
otherwise disguises the presence of the Tower and one or more
Antennas or Antenna arrays affixed thereto.
8.
"Collapse zone"
means the
area in which any portion of a Telecommunications Tower could or
would fall, collapse or plunge to the ground or into a river or
other body of water. The collapse
zone shall be no less than the lateral equivalent of the distance
from the Break point to the top
of the structure plus ten feet, such being not less than one-half
(1/2) the height of the structure.
9.
"Collocation"
means the
use of the same telecommunications tower or structure to carry two
or more antennae for the provision of wireless services by two or
more persons or entities.
10.
"Commercial Impracticability"
or
"Commercially Impracticable" shall
have the meaning
in this Law and any Special Use Permit granted hereunder as is
defined and applied under the
New York Uniform Commercial Code (UCC).
11.
"Completed Application"
means an Application that contains all information and/or data
necessary to enable the Board to evaluate the merits of the
Application, and to make an
informed decision with respect to the effect and impact of the
Telecommunications Tower on
the Town in the context of the permitted land use for the particular
location requested.
12.
"County"
means the New York State county in which the Town, Village or City
is physically
located.
13.
"Direct-to home satellite services"
or
"Direct Broadcast Service" or
"DBS"
means only programming transmitted or
broadcast by satellite directly to subscribers' premises without the
use of ground receiving equipment, except at the subscribers'
premises or in the uplink process
to the satellite.
14.
"EAF"
means the Environmental Assessment Form approved by the New York
Department
of Environmental Conservation.
15.
"EPA"
means State and/or Federal Environmental Protection Agency or its
duly assigned
successor agency.
16.
"FAA"
means the Federal Aviation Administration, or its duly designated
and authorized
successor agency.
17.
"FCC"
means the Federal Telecommunications Commission, or its duly
designated and
authorized successor agency.
18.
"Free
standing Tower" means a Tower
that is not supported by guy wires and ground
anchors or other means of attached or
external support.
19.
"Height"
means, when referring to a Tower or structure, the distance measured
from the preexisting grade level to the highest point on the Tower
or structure, even if said highest point is
an Antenna.
20.
"NIER"
means Non-Ionizing Electromagnetic Radiation
21.
"Person"
means any individual, corporation, estate, trust, partnership, joint
stock company,
association of two (2) or more persons having a joint common
interest, or governmental entity.
22.
"Personal Wireless Facility"
- See definition for Telecommunications Tower'.
23.
"Personal Wireless Services"
or "PWS"
or "Personal Telecommunications
Service" or
"PCS"
shall have the same meaning as defined and used in the 1996
Telecommunications Act.
24.
"Site"
See definition for Telecommunications Tower.
25.
"Special Use Permit"
means the official document or permit by which an Applicant is
allowed to construct and use a Telecommunications Tower as granted
or issued by the
municipality.
26.
"State"
means the State of New York.
27.
"Telecommunications"
means the transmission and reception of audio, video, data, and
other information by wire, radio frequency, light, and Other
electronic or electromagnetic
systems.
28."Telecommunications
Tower" or "Tower"
or "Site"
or "Personal Wireless Facility"
means a structure or location designed, or intended to be used, or
used to support Antennas. It includes without limit, free standing
Towers, guyed Towers, monopoles, and similar structures
that employ camouflage technology, including, but not limited to
structures such as a church steeple, silo, water Tower, sign or
other similar structures intended to mitigate the visual impact of
an Antenna or the functional equivalent of such. It is a structure
intended for transmitting and/or receiving radio, television,
cellular, paging, personal Telecommunications
services, or microwave Telecommunications, but excluding those used
exclusively for fire,
police and other dispatch Telecommunications, or exclusively for
private radio and television
reception and private citizen's bands, amateur radio and other
similar Telecommunications that
do not exceed height limitations addressed elsewhere in Town
regulations.
29.
"Telecommunications Structure"
means a structure used in the provision of services
described in the definition of
Telecommunications Tower*.
30.
"Temporary"
means in relation to all aspects and components of this Law,
something
intended to, or that does, exist for
fewer than ninety (90) days.
31.
"Town"
means the Town of St. Johnsville, New York.
Section 5. Overall Policy and Desired Goals for Special Use
Permits for Telecommunications Towers.
A) In order to ensure that the placement, construction, and
modification of
Telecommunications Towers conforms to the Town's land use code or
Law, the Board creates a Special Use Permit for a Telecommunications
Tower. As such, the Board adopts an overall policy with respect to a
Special Use Permit for a Telecommunications Tower for
the express purpose of achieving the following goals:
1)
implementing an Application process for person(s) seeking a Special
Use Permit for a
Telecommunications Tower;
2)
establishing a policy for examining an application for and issuing a
Special Use Permit for a Telecommunications Tower that is both fair
and consistent with the current land
use code or Law of the Town;
3)
establishing reasonable time frames for granting or not granting a
Special Use Permit
for a Telecommunications Tower, or recertifying or not recertifying,
or revoking the
Special Use Permit granted under this
Law.
4)
promoting and encouraging, wherever possible, the sharing and/or
collocation of a
Telecommunications Tower among service
providers;
5)
promoting and encouraging, wherever possible, the placement of a
Telecommunications Tower in such a manner as to cause minimal
disruption to aesthetic considerations of the land, property,
buildings, and other facilities adjacent
to, surrounding, and in generally the same area as the requested
location of such a
Telecommunications Tower.
Section 6. Special Use Permit Application and Other
Requirements
A)
All Applicants for a Special Use Permit for a Telecommunications
Tower shall comply
with the requirements set forth in this
section.
B)
Any Application for a Special Use Permit for a Telecommunications
Tower shall be signed
by an officer of the
Applicant
attesting to the truth and completeness
of the information.
The landowner, if different that the Applicant, shall acknowledge
the Application and verify that they are aware of the Application
and are aware that the Town may deny the Application or issue a
permit with conditions. At the discretion of the Board, any raise
statement regarding the requirements of this Section may subject the
Applicant to denial of
the Application without further consideration or opportunity for
correction.
C)
Applications not meeting the requirements stated herein or which are
otherwise incomplete,
may be rejected by the Board as invalid without prejudice to the
resubmission by an
applicant of an appropriate and complete
Application.
D)
The Applicant shall state in writing:
1)
that the applicant's proposed Telecommunications Tower will be
maintained in a safe manner, and in compliance with all conditions
of the Special Use Permit, without
exception, unless specifically granted relief by the Board in
writing, as well as all
applicable and permissible local codes, laws, and regulations,
including any and all applicable County, State and Federal laws,
rules, and regulations;
2)
that the construction of the Telecommunications Tower is legally
permissible,
including, but not limited to the fact that the Applicant is
authorized to do business
in New York State.
E) No Telecommunications Tower shall be installed or constructed
until the site plan is
reviewed and approved by the Board. The site plan Application shall
include, in addition
to the other requirements for the Special Use Permit under
applicable Municipal Code,
the following additional information:
All applications for the construction or installation of a new
Telecommunications Tower shall be accompanied by a report containing
the information hereinafter set forth. The report shall be signed by
a licensed professional engineer registered in the State and shall
contain the following information. Where this Section calls for
certification, such certification shall be by a qualified New York
State licensed Professional Engineer
acceptable to me Town, unless otherwise noted.
1)
Name and address of person preparing the report;
2)
Name and address of the property owner, operator, and Applicant, to
include the
legal form of the Applicant;
3)
Postal address and sheet, block, and lot or parcel number of the
property;
4)
Zoning District or designation in which the property is situated;
5)
Size of the property stated both in square feet and lot line
dimensions, and a diagram showing the location of all lot lines;
6)
Location of nearest residential structure;
7)
Location of nearest habitable structure;
8)
Location of all structures on the property which is the subject of
the Application;
9)
Location, size and height of all proposed and existing antennae and
all appurtenant
structures;
10)
Type, size and location of all proposed and existing landscaping;;
11)
The number, type and design of the Telecommunications Tower(s)
Antenna(s) proposed and the basis for the calculations of the
Telecommunications Tower's
capacity to accommodate multiple users;
12)
The make, model and manufacturer of the Tower and Antenna(s);
13)
A description of the proposed Tower and Antenna(s) and all related
fixtures,
structures, appurtenances and apparatus, including height above
pre-existing
grade, materials, color and lighting;
14)
The frequency, modulation and class of service of radio or other
transmitting
equipment;
15)
Transmission and maximum effective radiated power of the Antenna(s);
16)
Direction of maximum lobes and associated radiation of the
Antenna(s);
17)
Applicant's proposed Tower maintenance and inspection procedures and
related
system of records;
18)
Certification that NIER levels at the proposed site are within the
threshold levels
adopted by the FCC, though the certifying engineer need not be
approved by the
Town;
19)
Certification that the proposed Antenna(s) will not cause
interference with existing
telecommunications devices, though the certifying engineer need not
be approved
by the Town;
20)
A copy of the FCC license applicable to the use of the
Telecommunications
Tower;
21)
Certification
that a topographic and geomorphologic study and
analysis has been
conducted, and that taking into account
the
subsurface and substrata, and the
proposed drainage plan,
that the site is adequate to
assure the stability of the proposed
Telecommunications Tower on the
proposed site, though the
certifying
engineer need not be approved by the Town;
22)
Propagation
studies of the proposed site and all adjoining
proposed or in-service or
existing sites.
23)
Applicant shall disclose in
writing any agreement in existence
prior to submission of the
Application that would limit or
preclude the ability of the
Applicant to share
any new
Telecommunications Tower that it
constructs.
F)
In the case of a new Telecommunications
Tower, the Applicant
shall be required to
submit a report demonstrating its efforts to secure shared use of
existing
Telecommunications Tower(s). Copies of written requests and
responses for shared use shall be
provided to the Board.
G)
Certification by a licensed engineer that the Telecommunications
Tower and attachments
both are
designed and constructed ("As Built") to meet all County, State and
Federal structural requirements
for loads, including wind and ice loads;
H) Certification by a licensed
engineer that the Telecommunications Tower
is
designed with
a break point that would result in the Telecommunications Tower
falling or collapsing
within the boundaries of
the
property on which the Telecommunications Tower is placed;
I)
After construction and prior to
receiving a Certificate of Compliance, the Applicant
shall have certified by a licensed
engineer that the Telecommunications Tower and related facilities
are grounded and bonded so as to protect persons and property and
installed
with appropriate surge protectors.
J)
The Applicant shall submit a
completed long form EAF and a completed Visual
Environmental Assessment form (visual EAF addendum). The Board may
require
submission of a more detailed visual analysis based on the results
of the Visual EAF.
Applicants are encouraged to seek pre-application meetings with the
Board to address
the scope of the required visual assessment
K)
A Visual Impact Assessment is
required and shall include:
1)
A
“Zone of Visibility Map" which shall be provided in order to
determine
locations
where the Tower may be seen.
2)
Pictorial representations of "before and after" views from key
viewpoints both
inside and
outside of the Town, including but not limited to state highways and
other major roads; state and local parks; other public lands;
historic districts;
preserves
and historic sites normally open to the public; and from any other
location where the site is visible to a large number of visitors or
travelers. If
requested
by the Applicant, the Board, acting in consultation with its
consultants
or
experts, will provide guidance concerning the appropriate key sites
at a pre-submission conference.
3)
An
assessment of the visual impact of the Tower base, guy wires and
accessory
buildings
from abutting and adjacent properties and streets.
L)
Any
and all representations made to the Board, on the record, during the
Application process, whether written or verbal, shall be deemed a
part of the Application and will be
relied upon in that context and in good
faith by the Board.
M)
The Applicant shall effectively
screen from view its proposed Telecommunications Tower
base and all related facilities and structures, subject to Board
approval. Concerning
screening of the base and facilities, how should it be screened.
N) All utilities leading to and away from any Telecommunications
Tower site shall be
installed underground and in compliance with all laws, rules and
regulations of the Town,
including specifically, but not limited to, the National Electrical
Safety Code. The Board
may waive or vary the requirements of
underground
installation of utilities
whenever, in
the opinion of the Board, such variance or waiver shall not be
detrimental to the health, safety, general welfare or environment,
including the visual and scenic characteristics of
the area.
O) All Telecommunications Towers and accessory facilities shall be
sited so as to have the
least practical adverse visual effect on the environment and its
character, and the
residences in the line of sight of said proposed Telecommunication
Tower.
P)
Accessory faculties shall maximize
use of building materials, colors and textures designed
to blend with the natural surroundings.
Q)
An access road and parking will be
provided to assure adequate emergency and service access. Maximum
use of existing roads, whether public or private, shall be made to
the
extent not commercially or physically impracticable. Road
construction 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.
Usual requirements regarding weight and carrying capacity for
emergency vehicles should
apply to access roads.
R)
A person who holds a Special Use
Permit for a Telecommunications Tower shall
construct, operate, maintain, repair, modify or restore the
permitted Telecommunications
Tower in strict compliance with all current technical, safety and
safety-related codes
adopted by the Town, the County, the State, or the United States,
including but not limited to the most recent editions of the
National Electrical Safety Code and the National Electrical Code, as
well as accepted and responsibly workmanlike industry practices and
recommended practices of the National Association of Tower Erectors.
The codes referred
to are codes that include, but are not limited to, construction,
building, electrical, fire,
safety, health, and land use codes.
S)
A holder of a Special Use Permit
granted under this Law shall obtain, at its own expense, all permits
and licenses required by applicable law, rule, regulation or Law,
and must maintain the same, in full force and effect, for as long as
required by the Town or other
appropriate governmental entity or agency.
T)
The Board intends to be the lead
agency, pursuant to SEQRA. The Board shall conduct an
integrated, comprehensive environmental review of the proposed
project in combination
with its review of the Application under this Law.
U)
An Applicant shall submit no fewer
than eight (8) copies of the entire Completed
Application to the Board and a copy of the Application to the
legislative body of any
adjacent and adjoining municipalities and to the County Planning
Agency.
V) The Applicant shall examine the feasibility of designing a
proposed Telecommunications
Tower to accommodate future demand for at least two (2) additional
commercial
applications, e.g. future collocations. The scope of this
examination shall be determined by
the Board. The Telecommunications Tower shall be structurally
designed to accommodate
at least two (2) additional Antenna Arrays equal to those of the
Applicant, and located as
close to the Applicant's Antenna as possible without causing
interference. This requirement
may be waived, provided that the Applicant, in writing, demonstrates
that the provisions of
future shared usage of the Telecommunications Tower is not
technologically feasible, or is Commercially Impracticable and
creates an unnecessary and unreasonable burden, based
upon:
1)
The
number of FCC licenses foreseeable available for the area;
2)
The kind of Telecommunications Tower site
and structure
proposed;
3)
The number of existing and potential
licenses without
Telecommunications
Tower spaces/sites;
4) Available
space on existing and approved Telecommunications Towers;
Section 7. Location of Telecommunications Towers.
A)
Applicants for Telecommunications Towers
shall locate, site and erect said
l. on existing Telecommunications Towers
or other tall structures;
2.collocation on a site with existing Telecommunications Towers or
structures.
3 .on municipally-owned properties;
4.on other property in the Town.
If the proposed property site is not the highest priority listed
above, then a detailed explanation must be provided as to why a site
of a higher priority was not selected. The person seeking such an
exception must satisfactorily demonstrate the reason or reasons
why such a permit should be granted for the proposed site, and the
hardship that would be
incurred by the Applicant or service provider if not granted, or the
benefits that might
inure, and the beneficiaries of such an alternative site.
An Applicant may not by-pass sites of higher priority by stating the
site presented is the
only site leased or selected. An Application shall address
collocation as an option and if
such option is not proposed, the applicant must explain why
collocation is Commercially
or otherwise Impracticable.
Notwithstanding the above, the Board may approve any site located
within an area in the above list of priorities, provided that the
Board finds mat the proposed site is in the best
interest of the health, safety and welfare of the Town and its
inhabitants. Any
telecommunications tower shall be sited to have the least practical
adverse visual effect on the environment and its character, and the
residences in the line of sight of said proposed
telecommunication tower.
B)
Upon filing an Application for a Special Use Permit for a
Telecommunications Tower, the
Applicant shall submit a written report demonstrating the
Applicant's review of the above
locations in order of priority, demonstrating the technological
reason for the site selection. If the site selected is not the
highest priority, then a detailed written explanation as to why
sites of a higher priority were not selected shall be included with
the Application.
C)
The Applicant shall, in writing, identify and disclose the number
and locations of any
additional sites that the Applicant has, is, or will be considering,
reviewing or planning for
Telecommunications Towers in the Town, and all municipalities
adjoining or adjacent to the Town, for a two year period from the
date of the subject Application.
D)
Notwithstanding that potential sites may be situated in areas
described in Subsection (A) of
this Section, the Board may disapprove an
Application for reasons of
non-compatibility,
for any of the following reasons.
1)
conflict with safety and safety-related codes and requirements;
2)
conflict with traffic needs or traffic laws, or definitive plans for
changes in traffic
flow or traffic laws;
3)
conflict with the historic nature of a neighborhood or historical
district;
4)
the use or construction of a Telecommunications Tower which is
contrary to an
already stated purpose of a specific zoning or land use designation;
or
5)
the placement and location of a Telecommunications Tower which would
create an
unacceptable risk, or the probability of such, to residents, the
public, employees and agents of the Town, or employees of the
service provider or other service
providers.
6)
or otherwise conflict with the provisions of this Law.
Section 8, Shared use of Telecommunications Tower(s).
A)
Shared use of existing Telecommunications Towers shall be preferred
by the Town, as opposed to the proposed construction of new
Telecommunications Towers. Additionally, where such shared use is
unavailable, location of Antennas on other pre-existing structures
shall be considered and preferred. The Applicant shall submit a
comprehensive report
inventorying existing towers and other appropriate structures within
four (4) miles of any
proposed new tower site, unless the Applicant can show that some
other distance is more
reasonable, and outlining opportunities for shared use of existing
facilities and the use of other pre-existing structures as a
preferred alternative to new construction.
B)
An Applicant intending to share use of an existing
Telecommunications Tower or other tall
structure shall be required to document the intent of the existing
owner to share use.
C)
With respect to an Application to share the use of an existing
Telecommunications Tower
that does not increase the height of the Telecommunications Tower,
the Board shall waive such requirements of the Application required
by this Local Law as may be upon good cause shown. The Applicant is
encouraged to seek a pre-Application meeting with the
Board to review such a proposed Application and settle the waivers
or established
provisions which will help to expedite review and permitting for
such Applications. The
purpose to such waivers or other alternative procedures shall be to
expedite for the Applicant and the Town the review and permitting
for the shared use of an existing
Telecommunications Tower.
D)
Such shared use shall consist only of the minimum Antenna array
technologically
required to provide service within the Town, to the extent
practicable, unless good cause is
shown.
Section 9. Height of a Telecommunications Tower
A)
The Applicant must submit documentation justifying to the Board the
total height of any
Telecommunications Tower and/or Antenna and the basis therefore.
Such justification shall
be to provide service within the Town, to the extent practicable,
unless good cause is
shown.
B)
Telecommunications Towers shall be no higher than the minimum height
necessary.
Unless waived by the Board upon good cause shown, the presumed
maximum height shall
be one hundred-forty (140) feet,
based on three (3) collocated
antenna arrays and ambient
tree height of eighty (80) feet.
C) The maximum height of any Telecommunications Tower and attached
Antennas
constructed after the effective date of this Law shall not exceed
that which shall permit operation without artificial lighting of any
kind or nature, in accordance with municipal,
County, State, and/or any federal law and/or regulation.
Section 10. Visibility of a Telecommunications Tower
A)
Telecommunications Towers shall not be artificially lighted or
marked, except as required
by law.
B)
Telecommunications Towers shall be painted with a rust-preventive
paint of an appropriate
color to harmonize with the surroundings as approved by the Board,
and shall be maintained in accordance with the requirements of this
Law. Any portion of said tower within line of sight (above
screening) shall be constructed to blend with natural surroundings
and shall be maintained in accordance with the requirements of this
Law.
C)
If lighting is required, Applicant shall provide a detailed plan for
sufficient lighting of as
unobtrusive and inoffensive an effect as is permissible under state
and federal regulations, and an artist's rendering or other visual
representation showing the effect of light
emanating from the site on neighboring habitable structures within
fifteen-hundred (1,500) feet of all property lines on which the
Telecommunications Tower is located;
Section 11. Security of Telecommunications Towers
All Telecommunications Towers and Antennas shall be located, fenced
or otherwise secured in
a manner which prevents unauthorized access. Specifically:
1.
All Antennas, Towers and other supporting structures, including guy
wires, shall be made inaccessible to individuals and constructed or
shielded in such a manner that
they cannot be climbed or run into; and
2.
Transmitters and Telecommunications control points must be installed
such that they
are readily accessible only to persons authorized by the FCC's
licensee to operate or
service them.
Section 12. Signage
Telecommunications Towers shall contain a sign no larger than four
(4) square feet to provide adequate notification to persons in the
immediate area of the presence of an Antenna that has transmission
capabilities. The sign shall contain the name(s) of the owner(s) and
operators) of the Antenna(s) as well as emergency phone numbers).
The sign shall be located so as to be
visible from the access point of the site. No other signage,
including advertising, shall be
permitted on any Antennas, Antenna supporting structures or Antenna
Towers, unless required
bylaw.
Section 13. Lot Size and Setbacks
A)
All proposed Communications Towers shall be set back from abutting
parcels, recorded rights-of-way and road and street lines a distance
sufficient to substantially contain on-site all ice-fall or debris
from a Tower or Tower failure, and to preserve the privacy and
sanctity of any adjoining properties.
B)
Telecommunications Towers shall be located with a minimum setback
from any property line a distance of 400 feet side set-back, 300
feet back property line set-back, 500 feet road
and recorded rights-of-way set-back; and in any case the tower shall
be set-back from any
existing residence a minimum of 600 feet, or the existing setback
requirement of the underlying zoning district, whichever is greater.
Further, any Accessory structure shah be
located so as to comply with the minimum setback requirements for
the property on which
it is situated.
Section 14. Retention of Expert Assistance and Reimbursement
by Applicant
A)
The Board may hire any consultant and/or expert necessary to assist
the Board in reviewing and evaluating the Application 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 Board in
connection with the review of any Application. The initial deposit
shall be $7,500.00
These funds shall accompany the filing of an Application and the
Town will maintain a
separate escrow account for all such funds. The Town's
consultants/experts shall bill or invoice the Town no less
frequently than monthly for its services in reviewing the
Application and performing its duties. If at any time during the
review process this escrow account shows a negative balance,
additional funds must be submitted to the Town before
any further action or consideration will be permitted to be taken on
the Application. If at
the conclusion of the review process the cost of such
consultant/expert services is more
than the amount escrowed pursuant hereto, the Applicant shall pay
the difference to the Town prior to the issuance of any Special Use
Permit. In the event that the amount held in escrow by the Town is
more than the amount of die actual billing or invoicing, the
difference shall be promptly refunded to
the Applicant.
C)
The total amount of the funds set forth in Subsection (B) of this
Section may vary with the scope and complexity of the project, the
completeness of the Application and other information as may be
needed by the Board or its consultant/expert to complete the
necessary review and analysis. Additional funds, as required, shall
be paid by the
Applicant. The initial amount of the escrow deposit shall be
established at a pre-Application
meeting with the Town. Notice of the hiring of a consultant/expert
shall be
given to the Applicant at or before this
meeting.
Section 15. Exceptions from a Special Use Permit for a
Telecommunications Tower.
A)
No person shall be permitted to site, place, build, construct or
modify, or prepare any site for the placement or use of, a
Telecommunications Tower as of the effective date of this
Law without having first obtained a Special Use Permit for a
Telecommunications Tower.
Notwithstanding anything to the contrary in this Section, no Special
Use Permit shall be
required for those exceptions noted in the definition of
Telecommunications Tower.
B)
New construction, including routine maintenance on an existing
Telecommunications
Tower, shall comply with the requirements
of this Law.
C)
All Telecommunications Towers existing on or before the effective
date of this Law shall
be allowed to continue their usage as they presently exist, provided
however, that any
modification to existing Towers must
comply with this Law.
Section 16. Public Hearing Required
A)
Prior to the approval of any Application for a Special Use Permit
for a
Telecommunications Tower, a public hearing shall be held by the
Board, notice of which
shall be published in the official newspaper of the Town no less
than two weeks prior to
the scheduled date of the public hearing. In order that the Town may
notify nearby
landowners, the Applicant, at least three (3) weeks prior to the
date of said public hearing, shall be required to provide names and
address of ah landowners whose property is located within fifteen
hundred (1500) feet of any property line of the parcel on which the
proposed
new Telecommunications Tower is proposed
to be located.
B)
The Board shall schedule the public hearing referred to in
Subsection (A) of this Section
once it finds the Application is complete. The Board, at any stage
prior to issuing a Special
Use Permit, may require such additional information as it deems
necessary.
Section 17. Acting on an Application for a Special Use Permit for
a Telecommunications Tower.
A)
The Board will undertake a review of an Application pursuant to this
law in a timely fashion, consistent with its responsibilities, and
shall act within a reasonable period of time given the relative
complexity of the Application and the circumstances, with due regard
for
the public's interest and need to be involved, and the Applicant's
desire for a timely
resolution.
B)
The Board may refer any Application or part thereof to any advisory
or other committee
for a non-binding recommendation.
C)
Except for necessary building permits, and subsequent Certificates
of Compliance, no
additional permits or approvals from the Town, shall be required for
Telecommunications
Towers or facilities covered by this Law.
D)
After formally considering the Application, the Board may approve
and issue, or deny a
Special Use Permit. It's decision shall be in writing and shall be
based on substantial
evidence upon a record. The burden of proof for the grant of the
permit shall always be
upon the Applicant.
E)
If
the Board approves the Special Use Permit for a Telecommunications
Tower, then the
Applicant
shall be notified of such approval in writing within ten (10)
calendar days of the
Board's
action, and the Special Use Permit shall be issued within thirty
(30) days after such approval.
F)
If
the Board denies the Special Use Permit for a Telecommunications
Tower, then the
Applicant
shall be notified of such denial in writing within ten (10) calendar
days of the Board's action.
G)
The Town's decision on an Application for
a Special Use Permit for a
Section 18. Recertification of a Special Use Permit for a
Telecommunications Tower.
A)
At any time between twelve (12)
months and six (6) months prior to the five (5) year anniversary
date and all subsequent fifth anniversaries of the original granting
of a Special
Use Permit for a Telecommunications Tower, the holder of a Special
Use Permit for such
Tower shall submit a written request for recertification. In the
written request for recertification, the holder of such Special Use
Permit shall note the following:
1)
the name of the holder of the Special Use Permit for the
Telecommunications
Tower.
2)
if applicable, the number or title of the Special Use Permit;
3)
the date of the original granting of the Special Use Permit;
4)
whether the Telecommunications Tower has been moved, re-located,
rebuilt,
repaired, or otherwise modified since the issuance of the Special
Use Permit;
5)
if the Telecommunications Tower has been moved, re-located, rebuilt,
repaired, or otherwise modified, then whether the Board approved
such action, and under what
terms and conditions, and whether those terms and conditions were
complied with
and abided by;
6)
any requests for waivers or relief of any kind whatsoever from the
requirements of this Law and any requirements for a Special Use
Permit; and
7)
that the Telecommunications Tower is in compliance with the Special
Use Permit and compliance with all applicable codes, laws, rules and
regulations.
B)
I£
after such review, the Board determines that the permitted
Telecommunications Tower is in
compliance with the Special Use Permit and all applicable codes,
laws and rules, then the Board shall issue a recertification Special
Use Permit for the Telecommunications Tower,
C)
If
the Board does not complete its review, as noted in Subsection (B)
of this Section, prior to the five (5) year anniversary date of the
Special Use Permit, or subsequent fifth anniversaries,
then the
Applicant for the permitted Telecommunications Tower shall receive
an extension of
the Special Use Permit for up to six (6)
months, in order for the Board to complete its review
D)
If
the holder of a Special Use Permit for a Telecommunications Tower
does not submit a
request
for recertification of such Special Use Permit within the timeframe
noted in Subsection
(A) of
this Section, then such Special Use Permit and any authorizations
granted there under
shall cease to exist on the date of the
fifth anniversary of the original granting of the Special
Section 19. Extent and Parameters of Special Use Permit for a
Telecommunications Tower.
The extent and parameters of a Special
Use Permit for a Telecommunications Tower shall be
as follows:
1)
such Special Use Permit shall be non-exclusive;
2)
such Special Use Permit shall not be assignable or transferable
without the express
written consent of the Board, and such consent shall not be
unreasonably withheld;
3) such
Special Use Permit may be revoked, canceled, or terminated for a
violation of the conditions and provisions of the Special Use Permit
for a Telecommunications
Tower, or for a material violation of this Law.
Section 20. Application Fee.
A)
At the time that a person submits an Application for a Special Use
Permit for a new
Telecommunications Tower, such person shall pay an application fee
to the Town of St.
Johnsville $250. If the Application is for a Special Use Permit for
collocating on an
existing Telecommunications Tower, the
fee shall be $100.
B)
An Application fee is not required in order recertify a Special Use
Permit for a
Telecommunications Tower, unless there has been a modification of
the Telecommunications Tower since the date of the issuance of the
existing Special Use Permit. In the case of any modification,
Subsection (A) shall apply.
Section 21. Performance Security
The Applicant and the owner of record of any proposed
Telecommunications Tower property
site shall be jointly required to execute and file with the Town a
bond, or other form of security
acceptable to the Town as to type of security and the form and
manner of execution, in an
amount deemed sufficient by the Board to assure the faithful
performance of the terms and
conditions of this Law and any Special Use Permit issued pursuant to
this Law. The full
amount of the bond or security shall remain in full force and effect
throughout the term of the
Special Use Permit and/or until the removal of the
Telecommunications Tower, and any
necessary site restoration is completed.
Section 22. Reservation of Authority to Inspect Telecommunications
Towers
A)
In order to verify that the holder of a Special Use Permit for a
Telecommunications Tower
and any and all lessees, renters, and/or licensees of a
Telecommunications Tower place and construct such facilities,
including Towers and Antennas, in accordance with all
applicable technical, safety, fire, building, and land use codes or
other applicable requirements, the Board may inspect all meets of
said permit holder's, renter's, lessee's or licensee's placement,
construction, modification and maintenance of such facilities,
including, but not limited to, Towers, Antennas and buildings or
other structures
constructed or located on the permitted
site.
B)
The Town shall pay for all of its costs associated with such an
inspection, except for those circumstances occasioned by said
holder's, lessee's or licensee's refusal to provide
necessary information, or necessary access to such facilities,
including Towers, Antennas, and appurtenant or associated
facilities, or refusal to otherwise cooperate with the Town
with respect to an inspection, or if violations of this Law are
found to exist, in which case the holder, lessee or licensee shah
reimburse the Town for the cost of the inspection.
C)
Payment of such reimbursement shall be made to the Town within
thirty (30) days from the date of the invoice or other demand for
reimbursement. In the event that the finding(s)
of violation is/are appealed in accordance with the procedures set
forth in this Law, said
reimbursement payment must still be paid to the Town and the
reimbursement shall be
placed in an escrow account established by the Town specifically for
this purpose, pending
the final decision on appeal.
Section 23. Annual NIER Certification.
The holder of the Special Use Permit shall, annually, certify to the
Town the NIER levels at the site
are within the threshold levels adopted by the FCC. (The certifying
engineer need not be approved .
by the Town.)
Section 24. Liability Insurance.
A)
A
holder of a Special Use Permit for a Telecommunications Tower shall
secure and at all times maintain public liability insurance,
property damage insurance, and umbrella
insurance
coverage for the duration of the Special Use Permit in amounts as
set forth below.
1)
Commercial General Liability: $ 1,000,000.00 each
occurrence/$2,000,000
aggregate.
2)
Umbrella liability: $10,000,000.00
3)
Automobile Coverage: $1,000,000 per occurrence/$2,000,000 aggregate;
4)
Workers Compensation and Disability: Statutory amounts.
B)
The Commercial General Liability insurance policy shall specifically
include the Town and
its officials, employees and agents as
additional insured’s.
C)
The insurance policies shall be issued by an agent or representative
of an insurance
company licensed to do business in the
State.
D)
The insurance policies shall contain and endorsement obligating the
insurance company to
furnish the Town with at least thirty (30) days written notice in
advance of the cancellation
of the insurance.
E)
Renewal or replacement policies or certificates shall be delivered
to the Town at least
fifteen
(15) days before the expiration of the insurance which such policies
are to renew or replace.
F)
Before construction of a permitted Telecommunications Tower is
initiated, but in no case
later than
fifteen (15) days after the grant of the Special Use Permit, the
holder of the
Special
Use Permit shall deliver to the Town a copy of each of the policies
or certificates representing the
insurance in the required amounts.
Section 25. Indemnity.
A)
Any Special Use Permit issued pursuant to this Law shall contain a
provision with respect
to indemnity. Such provision shall require the holder of the Special
Use Permit, to the
extent permitted by the law, to at all times defend, indemnify,
protect, save, hold harmless,
and exempt the Town, officials of the Town, its officers, agents,
servants, and employees,
from any and ah penalties, damage, or charges arising out of any and
all claims, suits,
demands, causes of action, or award of damages, whether compensatory
or punitive, or
expenses arising there from, either at law or in equity, which might
arise out o£ or are
caused by, the construction, erection, modification, location,
products performance, operation, maintenance, repair, installation,
replacement, removal, or restoration of a Telecommunications Tower
within the Town. With respect to the penalties, damages or charges
referenced herein, reasonable attorneys' fees, consultants' fees,
and expert witness
fees are included in those costs that are
recoverable by the Town.
B)
Notwithstanding the requirements noted in Subsection (A) of this
Section, an indemnity
provision will not be required in those instances where the Town
itself applies for and
secures a Special Use Permit for a
Telecommunications Tower.
Section 26. Fines
A)
In
the event of a violation of this Law or any Special Use Permit
issued pursuant to this
Law, the
Board may impose and collect, and the holder of the Special Use
Permit for a
Telecommunications Tower shall pay to the Town, fines or penalties
as set forth in Section 268 of the
Town Law of the State of New York.
B) Notwithstanding anything in this Law,
the holder of the Special Use
Permit for a
Telecommunications Tower may not use the
payment of
fines, liquidated damages or other
penalties, to evade or avoid
compliance with this Law or any
Section of this Law. An attempt to do
so shall subject the holder of the
Special Use Permit to termination and revocation of the Special Use Permit. The
Town may also seek injunctive
relief to prevent
the continued violation of this Law.
Section 27. Default and/or Revocation.
A) When any permitted Telecommunications Tower is repaired, rebuilt,
placed, moved, relocated,
modified or maintained in a way that is inconsistent or not in
compliance with
either the Town's land use code, or the provisions of this Law or of
the Special Use
Permit, then the Board shall notify the holder of the Special Use
Permit for a
Telecommunications Tower of the specific inconsistent, non-compliant
or violative use or
situation. Such notice shall indicate that the Telecommunications
Tower, and any
appurtenant or related faculties located at the permitted site, is
in violation of or non-compliance
with the requirements of this Law or the Special Use Permit, and
that the
holder of the Special Use Permit is in default of its Special Use
Permit, and that the
facilities must be returned to consistent, compliant use and status
within seven (7) days of
the date of the postmark of the Notice, or of the date of personal
service of the Notice,
whichever is applicable. Notwithstanding anything to the contrary in
this Subsection or
any other Section of this Law, if the situation causes, creates or
presents an imminent
danger or threat to the health or safety of lives or property, in
the sole determination of the
Board, the Board may, at its sole discretion, order the violative or
non-compliant situation
remedied within twenty-four (24) hours.
B)
If
within the seven (7) day period set forth in Section 26(A) the
affected and non-
compliant
Telecommunications Tower is not brought into compliance with either
the land
use code,
or the provisions of this Law, or of the Special Use Permit, or
substantial steps
are not taken in order to bring the
affected Telecommunications Tower into compliance,
Section 28. Circumstances Resulting in the Removal of a
Telecommunications Tower.
A) Under the following circumstances, the Board may determine that
the health, safety, and
welfare interests of the Town warrant and require the removal of a
Telecommunications
Tower.
1)
a permitted Telecommunications
Tower has been abandoned for a period exceeding
ninety
consecutive (90) days or a total of one hundred-eighty (180) days in
any three hundred-sixty five (365) day period, which in this case
means not used for the intended and permitted purpose for such a
period, except for situations caused by the commonly
recognized definition of force majeur or Acts of God of an
extraordinary and
catastrophic nature and effect;
2) a permitted Telecommunications Tower falls into such a state of
disrepair that it
creates a health or safety hazard;
3)
a Telecommunications Tower has been located, constructed, or
modified on property
located within the Town without having obtained the required Special
Use Permit, or
other necessary authorization;
B)
If the Board makes such a determination as noted in Subsection (A)
of this Section, then
the Board shall notify the holder of the Special Use Permit for the
Telecommunications
Tower within forty-eight (48) hours that said Telecommunications
Tower must and shall
be removed, unless the Board approves an Interim Temporary Use
Agreement/Permit, such
as to enable the sale of the
Telecommunications Tower.
C)
If a Telecommunications Tower is not removed voluntarily within
ninety (90) days after
the permit holder has received notice, or substantial progress has
not been made to remove the Telecommunications Tower within ninety
(90) days of said notice, then the Board may order officials or
representatives of the Town to remove the Telecommunications Tower
at
the sole expense of the owner or permit holder, or the Town, at its
discretion, may take
possession of the Telecommunications
Tower.
D)
If, pursuant to Subsection (C) of this Section, officials,
employees, or representatives of
the Town remove, or cause to be removed, a Telecommunications Tower,
and the owner of the Telecommunications Tower does not claim the
property and remove it within ten (10)
days, then the Town may take whatever steps are available under
State law to declare the
Telecommunications Tower abandoned, and sell the facility and its
components.
E)
If the Board approves an Interim
Temporary Use Agreement/Permit for the
F)
In
the event a Telecommunications Tower is no longer used for the
purpose specified in the Application, or the Telecommunications
Tower ceases operations for a period of one hundred and eighty (180)
days in any three hundred and sixty five (365) day period, the
holder of the Special use Permit, or its
successors or assigns, shall dismantle and remove such
Telecommunications Tower, and all
associated structures and facilities, from the site and restore the
site to as close to its original condition as is possible, including
removal of
the
concrete caisson two feet below the existing grade level and removal
of the debris from
the
premises, such restoration being limited only by physical or
commercial impracticability, within ninety (90) days of receipt of
written notice from the Board.
However,
if the owner of the property upon which the Telecommunications Tower
is
located wishes to retain any access roadway to the
Telecommunications Tower, the owner
may do so with the approval of the Board.
G)
a financial Security Bond of $75,000 with
the Town as the assignee will be
required to guarantee the removal
of the tower. At each five year
recertification period, the Board
reserves the right to review and increase
the
Security Bond amount. Failure to
renew the security bond shall result
in the Special Use Permit being
revoked. A five year bond is
required, with
proof of bond and proof of renewal
at time of five year recertification date.
Section 29. Relief
Any Applicant desiring relief or exemption from any aspect or
requirement of this Law may request such from the Board at a
pre-Application meeting, provided that the relief or exemption
is contained in the original Application for either a Special Use
Permit, or in the case of an
existing or previously granted Special Use Permit a request for
modification of its Tower and/or facilities. Such relief may be
temporary or permanent, partial or complete, at the sole discretion
of the Board. However, the burden of proving the need for the
requested relief or exemption,
and its lack of significant effect on the Town or its residents or
other service providers, is solely on the Applicant to prove to the
satisfaction of the Board. The Applicant shall bear all costs of
the Board or the Town in considering the request and the relief
shall not be transferable to a new
or different holder of the permit or owner of the Tower or
facilities without the specific written
permission of the Board, and such permission shall not be
unreasonably withheld.
Section 30. Periodic Regulatory Review by the Board.
A)
The Board may at any time conduct a
review and examination of this entire Law.
B)
If after such a periodic review and examination of this Law, the
Board determines that one or more provisions of this Law should be
amended, repealed, revised, clarified, or deleted,
then the Board may take whatever measures are necessary in
accordance with applicable law in order to accomplish the same. It
is noted that where warranted, and in the best interests of the
Town, the Board may repeal this entire Law at any time.
C)
Notwithstanding the provisions of Subsections (A) and (B) of this
Section, the Board may
at any time, and in any manner (to die extent permitted by Federal,
State, or local law),
amend, add, repeal, and/or delete one or more provisions of this
Law.
Section 31. Adherence to State and/or Federal Rules and
Regulations.
A)
To the extent that the holder of a Special Use Permit for a
Telecommunications Tower
has not received relief, or is otherwise exempt, from appropriate
State and/or Federal
agency rules or regulations, then the holder of such a Special Use
Permit shall adhere to, and comply with, all applicable rules,
regulations, standards, and provisions of any State
or Federal agency, including, but not limited to, the FAA and the
FCC. Specifically
included in this requirement are any rules and regulations regarding
height, lighting,
security, electrical and RF emission
standards.
B)
To the extent that applicable rules, regulations, standards, and
provisions of any State or
Federal agency, including but not limited to, the FAA and the FCC,
and specifically including any rules and regulations regarding
height, lighting, and security are changed
and/or are modified during the duration of a Special Use Permit for
a Telecommunications
Tower, then the holder of such a Special Use Permit shall conform
the permitted
Telecommunications Tower to the applicable changed and/or modified
rule, regulation,
standard, or provision within a maximum of twenty-four (24) months
of the effective date
of the applicable changed and/or modified rule, regulation,
standard, or provision, or
sooner as may be required by the issuing
entity.
Section 32. Conflict with Other Laws
Where this Law differs or conflicts with other laws, rules and
regulations, unless the right to do so is preempted or prohibited by
the County, State or federal government, the more
restrictive or protective of the Town and the public shall apply.
Section 33. Effective Date.
This Law shall be effective immediately upon passage, pursuant to
applicable legal and
procedural requirements.
Section 34. Authority.
This Local Law is enacted pursuant to the Municipal Home Rule Law.
This Local Law shall supersede the provisions of Town law to the
extent it is inconsistent with the same, and to the extent permitted
by the New York State Constitution, the Municipal Home Rule Law, or
any
other applicable statute.
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