Town of Delaware, NY Supplementary Regulations Pertaining to Certain Uses

RV parks and campgrounds shall be subject to the provisions of the Town of Delaware RV Park Law.[1] Individual recreational vehicles may be stored on any lot, subject to the following restrictions:

Storage. No more than one such vehicle may be stored on any lot (permitted sales lots excepted).

Storage and use. The vehicle shall not be connected to any utilities, except on a temporary basis for purposes such as testing of equipment, cleaning and similar activities, and shall neither be used as additional residential, commercial or other space for business or living purposes nor as an independent dwelling or office.

Yards. The vehicle shall not be parked in any front yard or within 10 feet of any property line.

[1]

Editor's Note: See Ch. 110, Campgrounds and Recreational Vehicle Parks.

§ 220-19 Swimming pools.

Swimming pools, whether above or below ground, that are accessory to single-family dwellings shall not be located closer than 10 feet to any property line or within any front yard unless such pool is located a minimum of 100 feet from the edge of the highway right-of-way. Existing pools shall be deemed to comply, and the Planning Board may waive setbacks in instances where buffers are otherwise provided or are deemed unnecessary. Swimming pools accessory to more than one residential dwelling unit or to a nonresidential use shall not be located closer than 50 feet to any property line, within 50 feet of a dwelling or within any front yard. All pools shall comply with all applicable New York State laws. All swimming pools that are more than two feet in depth and 12 feet in width shall require accessory use permits as provided hereunder. See § 220-64.

§ 220-20 Parking, loading and access requirements.

Off-street parking. In all districts, in connection with every manufacturing, business, institutional, recreational, residential or any other use, there shall be provided at the time any building or structure is erected or enlarged, any land is used or a change in use of land or structure, off-street parking spaces open at no charge for vehicles of employees, residents and/or patrons in accord with the requirements of this § 220-20.

(1)

Size of spaces. Each off-street parking space shall have an area of not less than 200 square feet, exclusive of access drives or aisles, and shall measure 10 feet by 20 feet. Except in the case of dwellings, no parking area provided hereunder shall be established for less than three spaces.

(2)

Number of spaces. The number of off-street parking spaces required shall be as set forth in the Off-Street Parking Schedule below. In the case of any building, structure or premises the use of which is not specifically mentioned herein, the provisions for a use which is so mentioned and to which said use is similar, as determined by the Zoning Board of Appeals, shall apply.

Use			Parking Spaces Required
Dwellings			2 per dwelling unit
Homes for handicapped or infirm, nursing homes, group care homes, halfway houses and similar uses			3 per every 5 beds
Hotels, motels, boardinghouses and tourist houses, bed-and-breakfast establishments and other uses providing overnight accommodations			1 per bedroom
Sales and rental of goods, merchandise and equipment:
	1.	Retail establishments	1 per 200 square feet of gross floor area open to public
	2.	Wholesale establishments	1 per 400 square feet of gross floor area
Offices, research facilities and services not primarily related to goods:
	1.	Serving customers or clients on premises, such as attorneys, physicians, insurance and travel agents	1 per 200 square feet of gross floor area
	2.	Drive-in banks	1 per 200 square feet of gross floor area plus reservoir lane capacity equal to 5 spaces per drive-in window
	3.	Serving little or few customers or clients on premises, such as corporate offices	1 per 400 square feet of gross floor area
Manufacturing, processing, renovating, assembling goods, merchandise and equipment			1 per 400 square feet of gross floor area
Educational, cultural, religious social, fraternal uses:
	1.	Public and private schools	1.75 per classroom for elementary and middle schools; and 5 per classroom for high schools
	2.	Trade and vocational schools, colleges	1 per 100 square feet of gross floor area
	3.	Churches, synagogues and temples	1 per every 4 seats used for services
	4.	Libraries and museums, social, fraternal clubs and lodges; similar uses	1 per 300 square feet of gross floor area
Recreation, amusement and entertainment:
	1.	Bowling alleys, skating rinks, indoor athletic or similar uses	1 per every 3 persons of fully utilized design capacity (if exercise facilities and measurable in such fashion), otherwise 1 per 200 square feet of gross floor area
	2.	Movie theaters, stadiums and similar uses with seating accommodations	1 per every 4 seats
	3.	Public and private outdoor recreation facilities, such as golf courses, swimming pools and similar uses	1 per 200 square feet of gross floor area plus 1 per every 3 persons of fully utilized design capacity
Hospitals, clinics and other medical treatment facilities			2 per bed or 1 per 150 square feet of gross floor area, whichever is greater
Restaurants, bars, taverns and other eating establishments			1 per 100 square feet of gross floor area plus reservoir lane capacity equal to 5 spaces per drive-in window
Vehicle-related uses:
	1.	Sales, service, repair	1 per 200 square feet of gross floor area
	2.	Gas sales	1 per 200 square feet of gross floor area plus sufficient parking area at pumps which does not interfere with other required spaces
	3.	Car and truck wash	1 per 100 square feet of gross floor area plus 2 reservoir spaces in front of each stall for self-serve and 5 reservoir spaces for conveyor type
Warehousing and storage			1 per 4,000 square feet of gross floor area
Miscellaneous uses:
	1.	Veterinary	1 per 200 square feet of gross floor area
	2.	Open air sales used for display or sales	1 per 1,000 square feet of lot area
	3.	Nursery schools and day care	1 per 150 square feet of gross floor area
	4.	Greenhouses	1 per 200 square feet of gross floor area
	5.	Emergency services	1 per 200 square feet of gross floor area
	6.	Junk and scrap yards	1 per 200 square feet of gross floor area
	7.	Post office	1 per 200 square feet of gross floor area
	8.	Home occupations	1 per 100 square feet of gross floor area devoted to the use

NOTE: "SFGFA" means "square feet of gross floor area." Gross floor area is the sum of the total horizontal areas of the several floors of a building measured from the exterior face of exterior walls or from the center line of a wall separating two buildings, but not including interior parking spaces, loading space for vehicles, or any space where the floor-to-ceiling height is less than six feet.

(3)

Reduction of parking spaces. Should the applicant provide evidence that the number of parking spaces required by this § 220-20 is not necessarily required to meet the immediate needs of the proposed use, the number of spaces provided may be reduced as a special use by up to 50%, provided sufficient and suitable area is dedicated to future parking to meet the normal standards in this § 220-20 and the applicant shall agree in writing to install the parking at the direction of the Planning Board. All reserve parking areas shall be included in the calculation of lot coverage area.

Off-street loading.

(1)

Requirement. Adequate off-street loading and unloading berths shall be provided for any commercial, institutional, manufacturing, wholesale use or other nonresidential use. Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purpose of these requirements, and at least one such berth shall be provided for each lot. In the case of a special use/site plan, additional berths may be required by the Planning Board.

(2)

Size. Each required loading berth shall be at least 12 feet wide, 65 feet long and 14 feet high or uncovered. All permitted or required loading berths shall be on the same lot as the use to which they are necessary and shall not include any one area used to meet parking requirements.

Access requirements. Access to and from all off-street parking, loading and vehicle service areas along public rights-of-way shall consist of well-defined separate or common entrances and exits and shall comply with the following provisions:

(1)

Sight distance. Access drives shall not open upon any public right-of-way line of any intersecting public street or highway where the sight distance in either direction would be less than required by Town, county or state regulations applicable to the same.

(2)

Entrance and exit. There shall be no more than one entrance and one exit to any business or parking area on any one highway unless topography or other physical features dictate the use of more than one access for safety reasons. Each entrance and exit shall be clearly defined with curbing, fencing or vegetative screening so as to prevent access to the area from other than the defined entrances and exits. In no case shall one entrance and exit be located within 80 feet of any other on the same property or adjoining property along the same public right-of-way. Nonconforming lots, however, shall be exempt from this requirement.

(3)

Commercial subdivision. Any subdivision of property within a B-1 or CAL-B-1 District shall provide no more than one common entrance and one common exit on any public right-of-way, unless topography or other physical features dictate the use of more than one access for safety reasons. Interior access drives shall be provided for movement of traffic to the public right-of-way.

Lighting. Any lighting used to illuminate any off-street parking shall be so arranged as to reflect the light away from adjoining premises and public rights-of-way.

Public rights-of-way. Parking, loading and unloading of vehicles shall not be permitted on public rights-of-way, except as permitted in the Downtown Callicoon Overlay District.

Surfacing. All off-street parking areas and access roads, except those accessory to a one-family or two-family dwelling, shall be graded for proper drainage and shall be surfaced so as to provide a durable and dustless surface, such as a gravel, concrete or bituminous concrete surface.

§ 220-21 Signs.

See Article XIII of this chapter.

§ 220-22 Performance standards.

The intent of this § 220-22 is to regulate the development and operation of all development in the Town and to protect the environment and the public health, safety and general welfare. The following performance standards shall apply to all proposed new or expanded special uses, commercial, manufacturing and other nonresidential uses. (Note: This section shall not apply to agriculture.)

Yards and buffers.

(1)

Unless otherwise regulated by this chapter, where a commercial or manufacturing use is proposed contiguous to any R-1 or CAL-R-1 District the minimum size of the abutting yard shall be increased to 50 feet. Storage of equipment, supplies, products or any other materials shall not be permitted within 10 feet of any property line or public road right-of-way.

(2)

Landscaped buffers may be required for special uses by the Planning Board in any yard in order to assure the protection of adjoining uses by providing barriers that block the glare of lights; reduce noise; serve as a protective barrier by blocking physical passage to dangerous areas; reduce air pollution, dust and litter; and otherwise maintain and protect the rural character of the district.

(a)

Type. In determining the type and extent of the buffer required, the Planning Board shall take into consideration the design of the project structure(s) and site, topographic features which may provide natural buffering, existing natural vegetation, and the relationship of the proposed project to adjoining areas.

(b)

Width. The width of the required buffer shall be determined by the Planning Board.

(c)

Vegetative screening. A mix of ground cover and shrubbery vegetation and canopy trees, of such variety compatible with the local climate, may be required so that a dense screen not less than six feet in height will be formed within three years of planting.

(d)

Berms, walls and fences. Berms and landscaped walls or fences, compatible with the principal building design, may be incorporated in the required buffer. Front yard buffers shall be provided in the same manner to a height of not less than four feet; however, all clear sight triangles shall be maintained.

(e)

Adjoining uses. In any case, special consideration shall be given to existing residential uses and sites where residential uses are likely to be developed. In cases where the adjoining use is a commercial use or when two or more adjacent properties are developed under a common site plan, the width and density of the buffer may be reduced if the Planning Board shall determine that the proposed use and adjoining use(s) are not incompatible.

Fire and explosion hazards. All activities involving any manufacturing, production, storage, transfer or disposal of inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion, and adequate firefighting and fire-suppression equipment and devices standard in the industry shall be required. Burning of waste materials in open fires is prohibited. Details of the potential hazards and details of planned safety and accident response actions shall be provided by the applicant for review by the local fire company(s). Additional buffer areas or fencing may be required by the Planning Board for special uses if the nature of the proposed use, as determined by the Planning Board, so requires.

Electrical disturbance. No activities shall be permitted which result in electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance.

Noise. The maximum sound pressure level radiated by any use or facility at any lot line shall not exceed the values in the designated octave bands listed in Table 1 in § 220-22D(1), after applying the corrections shown in Table 2 in § 220-22D(1). The sound pressure level shall be measured with a sound level meter and associated octave band analyzer conforming to standards prescribed by the American Standards Association, Inc., as designated by the Town Board. The Planning Board may, in case of special uses, require additional setbacks, buffers and fencing, or limit the hours of operation to mitigate any potential noise impacts of any proposed use.

(1)

Maximum levels. Maximum permissible sound pressure levels at the lot line for noise radiated continuously from any facility or activity between the hours of 9:00 p.m. and 7:00 a.m. shall be as listed in Table 1.

	Table 1
	Frequency Band (cycles per second)	Sound Pressure Level (decibels re 0.0002 dyne/cm)
	20 to 75	69
	76 to 150	60
	151 to 300	56
	301 to 600	51
	601 to 1,200	42
	1,201 to 2,400	40
	2,401 to 4,800	38
	4,801 to 10,000	35

Table 2
Type of Operation or Character of Noise		Correction in Decibels
Daytime operation only		+5
Noise source operation less than:
a.	20% of any 1-hour period	+5
b.	5% of any 1-hour period	+10
c.	1% of any 1-hour period	+15
Noise of impulsive character (hammering, etc.)		-5
Noise of periodic character (hum, scream, screech, etc.)		-5

	NOTE:
	*	Apply only one of these corrections.

(2)

Corrections. If the noise is not smooth and continuous and is not radiated between the hours of 9:00 p.m. and 7:00 a.m., one or more of the corrections in Table 2 shall be applied to the decibel levels in Table 1.

(3)

Exemptions. The maximum permissible sound levels of this § 220-22D shall not apply to any of the following noise sources:

(a)

Sound needed to alert people about an emergency or building, equipment or facility security alarms.

(b)

Repair or construction work to provide electricity, water or other public utilities between the hours of 7:00 a.m. and 9:00 p.m., except for emergency repairs which shall not be restricted by time.

(c)

Construction operations (including occasional blasting in construction) and repairs of public facilities between the hours of 7:00 a.m. and 9:00 p.m., except for emergency repairs which shall not be restricted by time.

(d)

Agricultural activities, but not exempting kennels.

(e)

Motor vehicles when used on public streets in accord with state regulations.

(f)

Railroads and aircraft.

(g)

Public celebrations, specifically authorized by the Town, the county, state or federal government body or agency.

(h)

Unamplified human voices.

(i)

Routine ringing of bells or chimes by a place of worship or municipal clock.

Vibration. No vibration shall be permitted which is detectable without instruments at the property line.

Lighting and glare.

(1)

No light source shall be exposed to the eye except those covered by globes or diffusers. Other lighting shall be indirect or surrounded by a shade to hide visibility of the light source. Lighting design should be an inherent part of the architectural design. All streets, off-street parking areas and areas of intensive pedestrian use shall be adequately lighted. Appropriate lighting fixtures shall be provided for walkways and to identify steps, ramps and directional signs. The applicant shall provide the specifications of the proposed lighting and its arrangement on the site.

(2)

No direct or sky-reflected glare, whether from floodlights or from high-temperature processes such as combustion or welding or otherwise, shall be permitted so as to be visible at the property line. This restriction shall not apply to signs otherwise permitted by the provisions of this chapter.

Smoke. No emission shall be permitted from any chimney or otherwise of visible gray smoke of a shade equal to or darker than No. 2 on the Power's Micro-Ringlemann Chart, published by McGraw-Hill Publishing Company, Inc., and copyrighted 1954.

Odors. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable without instruments at the property line of the parcel from which the odors are emitted.

Other forms of air pollution. No open or exterior burning of any raw material, component or other substance associated with any production process shall be permitted. No waste materials or by-products shall be burned or incinerated on any property except at a New York Department of Environmental Conservation approved solid waste disposal facility. In any case, no emission of fly ash, dust, fumes, vapors, gases and other forms of air pollution shall be permitted which can cause any damage to health, to animals, vegetation or other forms of property, or which can cause any excessive soiling.

Surface water and groundwater protection.

(1)

All activities involving the possible contamination of surface water or groundwater shall be provided with adequate safety devices to prevent such contamination. Details of the potential hazards (including the groundwater characteristics of the area in which the use is proposed) and details of planned safety devices and contamination response actions shall be provided by the applicant. The applicant shall also provide details about the use of groundwater and any processes that could result in the depletion of groundwater supplies.

(2)

In the case of special uses, the Planning Board may require a plan to be submitted for review and approval and may require financial security for insuring contamination response. Monitoring wells and water quality testing may also be required by the Planning Board.

(3)

In cases where the use is of such a nature that large volumes of groundwater are required, the applicant shall provide appropriate hydrogeologic studies which clearly establish that the proposed use will not cause a reduction in the quantity or the quality of groundwater supplies available to other properties located within 1,000 feet of any portion of the property where the proposed use will be located.

Landscaping.

(1)

A landscaping plan for any proposed special use, including the parking areas, walkways and areas adjacent to buildings, may be required from the applicant for review and approval by the Planning Board. The landscaping plan shall include the overall design of the landscaping proposed, the type and size of vegetation to be utilized, and details of installation and maintenance program.

(2)

Where required by the Planning Board for a special use, landscaping shall be installed to the following minimum standards:

(a)

Disturbed areas. All disturbed areas of the site shall be included in the landscaping plan, and those areas immediately adjacent to buildings and walkways shall be given extra consideration.

(b)

Pedestrian walkways. Adequate pedestrian walkways shall be provided for access from parking areas and to common use areas and shall be an integral part of the landscaping and shall be consistent with the architectural type of the project and shall be a minimum of four feet in width.

(c)

Plant type. Plants shall be of a variety proven successful in the Town's climate, unless otherwise approved by the Planning Board.

(d)

Buffers. Where landscaping is required to serve as a buffer (e.g., between the project and adjoining properties or between buildings and parking areas), the plants used shall be of such variety, size and arrangement of height and spacing to effect the required buffer in a reasonable period of time as determined necessary by the Planning Board. The width of the landscaped buffer shall generally not be less than 10 feet in all required yards, unless the applicant can demonstrate to the Planning Board that the buffer can be effected by other means such as soil mounding and/or fencing. Buffers of greater width may also be required as a condition of approval to address specific requirements of particular uses.

(e)

Landscape materials. The variety of landscape materials shall be consistent with building architecture, and the surrounding area and plant type shall be appropriate for the size and location of the space it is to occupy.

(f)

Natural features. Attractive natural features of the site, including mature trees, shall be preserved to the greatest extent possible.

(g)

Artificial materials. Plastic and other artificial landscape materials shall not be permitted with the exception of permeable weed control material.

(h)

Maintenance. All landscaping shall be maintained in good growing condition by the property owner, with plants that have died being replaced with similar plants.

Stormwater management and soil erosion control. In the case of special uses, a stormwater management plan and soil erosion control plan shall be required. Said plan shall be prepared and implemented pursuant to the standards contained in Chapter 186, Subdivision of Land.

Waste materials. No liquid, solid, toxic or hazardous waste shall be stored or disposed in any area, either above or below ground level, except for the temporary storage thereof pending removal from the premises. Such temporary storage and handling of waste shall be in a designated area and shall be conducted in compliance with all applicable state and federal regulations in order to prevent any water, soil or air contamination and shall be screened from view of adjoining properties and any public road right-of-way by fencing or other buffers. In addition, no waste discharge is permitted into any reservoir, sewage or stormwater disposal system, stream, open body of water or onto the ground.

Sewage disposal. Sewage disposal shall be provided by a system meeting the requirements of the New York State Department of Health to all uses, including residential uses, governed by this chapter. Discharge to such system shall be limited to normal, domestic and human bodily wastes unless the treatment system has been specifically designed to handle other wastes or the wastes are pretreated in accord with Department of Health or local sewer district requirements. No discharge of wastes, by-products or materials in any way associated with a production process, health care or veterinary facility medical wastes, funeral home wastes, or other commercial wastes shall be permitted to any subsurface land application or other soil-based sewage disposal system.

Water supply. All uses, including residential uses, governed by this chapter shall be provided with an adequate and safe water supply meeting all applicable Town, county, water district and state regulations.

§ 220-23 Floodplain development.

There is hereby created a special zoning district, the boundaries of which shall be congruent with those areas identified as special flood hazard areas on the Flood Hazard Boundary Maps for the Town of Delaware, as issued and/or amended by the Federal Insurance Administration, or its successor agencies. This district shall be an overlay zone in which the normal provisions of the district indicated on the Official Zoning Map shall apply, except that no development shall be permitted which is not completely in accord with the provisions of the Town of Delaware Flood Damage Prevention Law, as amended.[1]

[1]

Editor's Note: See Ch. 131, Flood Damage Prevention.

§ 220-24 Home occupations.

It is the intent of this § 220-24 to regulate the operation of home occupations in order to preserve the residential character of the neighborhood in which the home occupation is operated. Home occupations as set forth in § 220-24A shall be considered accessory uses in all districts. Other home occupations may be authorized by the Planning Board as special uses in accord with § 220-24B.

Home occupations as accessory uses. Proposed home occupations which comply with all provisions of this § 220-24A and other applicable standards of this chapter shall be permitted as accessory uses in all zoning districts.

(1)

Standards. The home occupation must be clearly incidental and secondary to the use of the dwelling as a residence.

(2)

Floor area. The home occupation does not use more than 50% of the ground-floor area of the dwelling unit.

(3)

Sales. Retail and wholesale sales shall not be permitted.

(4)

Storage. No outdoor display or storage of materials, goods, supplies or equipment used in the home occupation shall be permitted on the premises.

(5)

Exterior appearance. There shall be no visible evidence that the residence is being operated as a home occupation except for the permitted sign.

(6)

Employees. A maximum of three persons other than members of the immediate family residing in the dwelling shall be employed in the home occupation.

(7)

Parking. Off-street parking shall be provided on the premises, as required by this chapter or as otherwise necessary to prevent parking on any public or private right-of-way.

(8)

Nuisances. A home occupation use shall not generate nuisances, such as traffic, on-street parking, noise, vibration, glare, odors, fumes, electrical interference, or hazards, to any greater extent than what is usually experienced in the residential neighborhood.

(9)

Sign. One nonilluminated identification sign having an area of not more than four square feet shall be permitted.

(10)

Uses permitted. Accessory use home occupations may include the following types of uses:

(a)

Professional offices of doctors, dentists, lawyers, architects, engineers and other professionals.

(b)

Custom dressmaking or tailoring.

(c)

Artist or musician studios.

(d)

Foster family or day care for not more than four children simultaneously.

(e)

Tutoring for not more than five students at a time.

(f)

Beauticians and barbers.

(g)

Mail order or telephone sales where customers do not visit the premises.

Home occupations as special uses. The Planning Board may define and limit other uses as home occupations in accord with the special use/site plan procedures of this chapter. Such uses shall comply with all provisions of this § 220-24B and other applicable standards of this chapter.

(1)

Standards. The home occupation shall comply with the standards of Subsection A(1) through (9) of this § 220-24.

(2)

Conditions. The Planning Board shall attach any and all necessary conditions to assure compliance with this § 220-24, and such conditions may include, but not be limited to, hours of operation, water use restrictions, sewage disposal requirements, screening and other conditions deemed necessary by the Board.

(3)

Prohibited uses. The following uses shall not be permitted as home occupations:

(a)

Commercial stables.

(b)

Commercial kennels.

(c)

Vehicle or equipment service operations.

(d)

Veterinarians.

(e)

Any other use determined by the Planning Board as inappropriate as a home occupation.

§ 220-25 Junkyards and vehicle dismantling and storage operations.

Junkyards and vehicle dismantling and storage operations, where permitted, shall be subject to the provisions of Chapter 140, Junkyards, of the Code of the Town of Delaware, and special use/site plan review procedures shall be applied along with the operational requirements contained in such chapter.

§ 220-26 Intensive-use livestock and cage-type poultry operations.

Intensive-use livestock operations and cage-type poultry operations, as permitted in certain zoning districts or outside approved New York State Agricultural Districts, shall have a minimum lot area for any new such use of 20 acres.

§ 220-27 Solid waste facilities.

Disposal required. All solid waste generated in conjunction with any use shall be disposed of in a New York State approved solid waste disposal facility.

Facility requirements. Solid waste facilities are considered special uses in RU Districts and, in addition to all other applicable requirements of this chapter, shall comply with the following requirements:

(1)

Parcel size. The minimum parcel size shall be 50 acres.

(2)

Setbacks. All disposal facilities shall not be closer than 500 feet to any property line.

(3)

Fence. All solid waste facilities shall be completely enclosed by a chain-link fence not less than 10 feet in height. All gates shall be closed and locked when closed for business. The fence and gate shall be maintained in such a manner as not to become unsightly. There shall be no advertising of any kind placed on the fence.

(4)

Buffer. In cases where natural vegetation is not adequate to screen the facility from view from adjoining properties or roads, a dense evergreen planting to effect such screening shall be provided and maintained by the operator in accord with a planting plan submitted by the applicant and approved by the Planning Board.

(5)

State approval. Special use/site plan approval shall be contingent upon New York State approval of the facility.

§ 220-28 Adult businesses.

It is the intent of this § 220-28 to provide an adequate, accessible area for the operation of adult businesses, which the Town recognizes as legitimate uses, while minimizing the secondary effects associated with such businesses on the community. It is not the intent of this § 220-28 to regulate adult businesses based on the content of any material or the nature of any activity associated with such use or in any other way restrict free speech under the First Amendment of the United States Constitution. Based upon the experience of other rural, agricultural and residential communities, it is a generally accepted community planning principle that adult businesses have significant secondary effects on such communities. Such effects include the devaluation of adjoining and neighboring business properties, the general degradation of residential neighborhoods and business and commercial districts, increase in crime, and the decline of the overall character of the community.

Special use in the B-1 District. Adult businesses are classified as special uses in the B-1 District to provide separation from the other districts in the Town and minimize the aforementioned secondary effects. In addition to the other applicable requirements of this chapter, adult businesses shall comply with the standards of this § 220-28.

Standards.

(1)

Setback. Adult businesses shall not be located within 250 lineal feet of any residence, group-care facility, child-care center, church, synagogue, school, public or semipublic building or use, public park or recreation facility, health facility or any establishment that sells alcoholic beverages.

(2)

Setback from other adult businesses. Adult businesses shall not be located within 500 lineal feet of any existing adult business.

(3)

Advertising. No exterior display or interior display which is visible from the exterior of the store, or any other advertising material except an approved sign, shall be permitted.

(4)

Nonconforming uses. A nonconforming use as defined and regulated by Article IX of this chapter shall not be changed to any type of adult business.

§ 220-29 Commercial dog kennels.

All commercial dog kennels, as permitted in certain zoning districts, shall not be located closer than 200 feet to any lot line and 100 feet to any public road right-of-way. All dogs shall be confined to pens at all times and shall be kept in a fully noise-insulated and ventilated structure between the hours of sunset and 7:00 a.m.

§ 220-30 Upper Delaware Scenic and Recreational River corridor (UDSRR).

In addition to the district regulations applicable to the DR, CAL-B-1, CAL-R-1 and RU Districts, the following special performance standards shall apply to all uses and/or expansion of uses located in said districts:

Density in the DR District. Residential density in the DR District and such portions of any RU District as may be included within the boundaries of the Upper Delaware Scenic and Recreational River corridor shall not exceed a net density of one dwelling unit per two acres. See § 220-41 for conversions.

Ridgelines. This section shall be applicable in all DR, CAL-B-1, CAL-R-1 Districts and such portions of any RU District as may be included within the boundaries of the Upper Delaware Scenic and Recreational River. Any proposal for a building or structure or use located within 100 feet of the ridgeline as designated in the River Management Plan (RMP) or which is proposed at a lower elevation and which would be visible from the Delaware River shall be considered a special use, and the applicant shall submit for approval a plan detailing how the proposed use will be developed in accord with the intent of the RMP. In addition to the following standards, all other applicable requirements of this chapter shall apply:

(1)

Steep slopes. The requirements of § 220-31, Development on steep slopes, of this chapter shall apply.

(2)

Vegetation. Special attention shall be given to the preservation of trees and other vegetation.

(3)

Buffers. The Planning Board may require additional vegetative plantings, buffers and/or fencing in accord with § 220-22 of this chapter to effect the screening required to minimize the impact on the Upper Delaware Scenic and Recreational River.

Special setback requirements. No building, structure or any part of any septic system in the DR, CAL-B-1 or CAL-R-1 Districts and such portions of any RU District as may be included within the boundaries of the Upper Delaware Scenic and Recreational River shall be located less than 100 feet from the normal high-water mark of the Delaware River.

Other conditions for special uses. In addition to the standards contained in Article VIII of this chapter, the Planning Board shall, in approving special uses in the DR, CAL-B-1, CAL-R-1 and RU Districts, take into consideration the effect of the proposed use on the Upper Delaware Scenic and Recreational River and shall attach any and all conditions of approval necessary to provide protection to the UDSRR from impacts of development. This designated area shall, for purposes of this chapter, be an overlay zone. Said conditions may include, but shall not be limited to, increased setbacks; buffers, landscaping and fencing; special stormwater control facilities; limitations on the location, number and size of advertising signs; more restrictive lot coverage limitations; more restrictive building height limitations and limitations of uses to those specified in the Upper Delaware Scenic and Recreational River Management Plan as of the date this chapter is enacted.

Clear-cutting timber for forest products. Clear-cutting of timber in the DR, CAL-B-1 and CAL-R-1 Districts and such portions of any RU District as may be included within the boundaries of the Upper Delaware Scenic and Recreational River in excess of one acre in size, which shall include the cumulative cutting of smaller plots as part of the cutting of a single tract or combination of tracts, shall be considered special uses to assure impacts on soil, water, vegetation and wildlife resources are minimized. The following standards shall apply, in addition to all other applicable regulations of this chapter:

(1)

Plan. The applicant shall provide a timber harvesting plan prepared by a professional forester.

(2)

E & S control. A soil erosion and sedimentation control plan meeting the requirements of the County Soil and Water Conservation District shall be implemented on the site.

(3)

Stream buffer. Timber harvesting in that area within 50 feet of the normal high-water mark of the Delaware River or any stream shall be of the selective cut method only and not less than 50% of the overhead canopy shall be maintained.

(4)

Building sites. Where building construction is intended or new lots are being created, the site plan shall designate a specified building envelope within which all construction, including driveways and clearing for other purposes such as lawns, shall take place. The Planning Board shall approve, approve with modifications or disapprove all building envelopes consistent with the objectives of this section and the goal of protecting the forested character of the river valley.

(5)

Cluster development. The Planning Board may strongly encourage the use of cluster development techniques as provided by § 220-36 hereof to preserve open space and the forested character of the river valley. It may also, pursuant to municipal home rule authority, modify zoning requirements to accommodate such projects within those areas falling under the jurisdiction of this section, provided no such modification shall increase density by more than 25% or result in less than 40% of the tract being preserved as permanent open space.

Signs. In addition to the sign regulations in Article XIII, Signs, of this chapter, the following special standards in this § 220-30F shall apply to the DR, CAL-B-1 and CAL-R-1 Districts.

(1)

Signs permitted in the DR District.

(a)

All signs permitted under Article XIII, Signs, for R-1 and CAL-R-1 Districts, except as otherwise specifically addressed in this Subsection F(1).

(b)

One sign advertising the sale or rental of the premises on which the sign is located, provided the sign does not exceed 10 square feet in area and is nonilluminated.

(c)

Nonilluminated announcement signs for schools, churches and other institutions, not exceeding one per property and six square feet in area.

(d)

One nonilluminated sign for the purpose of identifying the location of a business or trade, provided such sign is located on the business premises and relates only to the use of that particular property, and further provided that the sign does not exceed six square feet in area.

(e)

Nonilluminated advertising signs located on any property, provided such signs are not located along or directed toward the Delaware River and advertise only a business located in the Town of Delaware or adjoining municipalities. Such signs shall be limited to one per business per Town, county or state road leading to the location of the business and shall not exceed six square feet each in area. The total number of such signs erected along any such road in both directions shall be limited to one per 1,000 lineal feet of frontage along said road.

(f)

Political signs shall not exceed 10 square feet in size and shall be limited to two per property.

(2)

Signs permitted in the CAL-B-1 District. All signs permitted under Article XIII, Signs, of this chapter for the B-1 and CAL-B-1 Districts.

(3)

Signs permitted in the CAL-R-1 District. All signs permitted under Article XIII, Signs, of this chapter for the R-1 and CAL-R-1 Districts.

Lots fronting on the Delaware River. No lot bordering the Delaware River in any DR, CAL-B-1 or CAL-R-1 District shall be created with less than 200 feet of frontage along the river.

§ 220-31 Development on steep slopes.

All uses allowed by this chapter shall be subject to the following special conservation performance standards, which shall apply to any lands that are characterized by steep slopes. The procedures and standards are as follows:

Steep slope determination. Steep slopes shall be defined as slopes in excess of 15%. Slope shall be determined by the Building Inspector from United States Geological Survey topographic maps or USDA Natural Resources Conservation Service (NRCS) maps. In cases where the slope cannot be specifically determined by said means, the Building Inspector shall require the applicant to provide certification from a professional engineer or land surveyor of the slope in question. Slope shall be measured at the points where any earth will be disturbed or where structures or other improvements are proposed.

Performance standards. In reviewing applications for use of sites partially or wholly included within an area identified as steep-sloped, the Building Inspector or Planning Board, as the case may be, shall determine that the following performance standards have been or will be met:

(1)

Map. An accurate map prepared by a professional surveyor has been submitted showing property boundaries, building and drive locations, contours at two-foot intervals and any areas to be graded. The proposed location of other factors shall also be shown, including streams, wetlands, areas subject to landslides and extent of vegetative cover.

(2)

Grading and drainage plan. A grading and drainage plan has been prepared, showing existing and proposed ground surfaces, plans for drainage devices, plans for walls or cribbing, etc., map of the drainage area affected, computation of the amount of runoff expected, an erosion control plan and schedule for completion of work.

(3)

Impervious surfaces. Impervious surfaces are kept to a minimum.

(4)

Maximum grade. No finished grade where fill is used shall exceed a fifty-percent slope.

(5)

Erodible soils. Soils characterized by the Natural Resources Conservation Service (NRCS) as highly susceptible to erosion shall be avoided.

(6)

Improvements. Roads and utilities shall, to the greatest extent possible, be installed along existing contours.

(7)

High-water tables. Any steep slope areas also characterized by seasonal high-water tables shall be avoided.

(8)

Vegetation. Natural vegetation shall be preserved to as great a degree as possible.

(9)

Structures. In cases where structures are proposed, the applicant shall submit plans to the Town detailing how the limitations of slope will be mitigated by the design of the structure(s). Said plans shall be prepared and certified by a professional engineer or registered architect.

(10)

Certification. Prior to the issuance of a certificate of occupancy the applicant shall provide to the Building Inspector a certification by a professional engineer or registered architect that the property has been developed and structures have been constructed in accord with the approved certified plans.

§ 220-32 Bed-and-breakfast establishments.

A bed-and-breakfast establishment, as permitted in certain districts, shall comply with the following standards in addition to all other applicable requirements of this chapter.

Parking. In addition to the parking required by § 220-20, the following number of spaces shall be provided: one space for each nonresident employee and two spaces for the dwelling unit.

Rooms for rent. Not more than five rentable rooms are provided in the establishment.

Use as residence. The owner or manager of the bed-and-breakfast must reside on the premises.

§ 220-33 Commercial uses in existing residential structures.

Many single-family dwellings in the Town of Delaware were constructed prior to 1940 and are very large and architecturally distinct in comparison to later residential dwellings constructed in times of smaller families and increasing energy costs. These 19th and early 20th century structures share common characteristics of scale, style, materials, setbacks and landscaping and are a vital element of the Town's historic character and add appeal to the recreation and tourism economy so important to the Town. The intent of this § 220-33 is to allow the adaptive use of older, existing residential structures in the R-1 and CAL-R-1 Zoning Districts to encourage the preservation of such structures which may, due to their size and associated maintenance and energy costs, fall into disrepair, deteriorate and diminish tax revenues or otherwise affect the welfare of the Town. It is further the intent of this section to allow such uses without compromising the residential use of adjoining buildings. The provisions of this § 220-33 shall apply in the R-1 District and the CAL-R-1 District. All uses shall also comply with all other applicable provisions of this chapter.

Special use classification. All uses proposed under this § 220-33 shall be considered special uses and shall comply with the requirements of Article VIII of this chapter.

Uses permitted. The following uses shall be permitted in accord with this § 220-33:

(1)

Art galleries.

(2)

Bed-and-breakfast establishments.

Funeral homes.

Insurance offices.

Medical offices.

Private schools.

Professional offices.

(8)

Real estate offices.

(9)

Restaurants (minimum lot size of 60,000 square feet required).

(10)

Studios.

Existing structures. The uses provided in this § 220-33 shall only be permitted in residential structures constructed prior to 1940. The applicant shall provide, to the satisfaction of the Planning Board, evidence documenting the time of construction of the structure.

Neighborhood character. In order to preserve the character of the residential districts, the structural appearance of the building shall not be altered and the building shall be maintained in such manner as to preserve its appearance, style and scale. Alterations to restore or otherwise change a building to its original appearance shall be permitted. The building owner shall attach to the deed of the property such covenants and restrictions as will assure continued maintenance of the building in accord with its existing appearance, style and scale, and the neighborhood character. Said covenants and restrictions shall be approved by the Planning Board. Said covenants and restrictions shall also apply to the construction of any additions to the building.

Parking. Adequate off-street parking shall be provided and, in addition to the requirements of § 220-20 of this chapter, the following additional provisions shall apply:

(1)

Setback. No parking area, access drive or interior drive shall be located less than 15 feet to any adjoining property line or to the edge of shoulder of any public road right-of-way.

(2)

Buffers and landscaping. Parking area buffers and landscaping shall be required in accord with § 220-22A and K of this chapter.

Landscaping. A landscaping plan meeting the requirements of § 220-22K of this chapter shall be submitted by the applicant for approval by the Planning Board.

§ 220-34 Regulations for communications/reception antennas.

The following regulations shall apply to cellular phone antennas, antennas for communications service regulated by the state and federal government, other commercial antennas and associated facilities, and certain antennas accessory to residential structures, hereinafter referred to as "antennas." Such antennas and associated facilities shall be permitted only in the districts as provided on the Schedule of District Regulations.[1]

Purposes:

(1)

To accommodate the need for cellular phone and similar antennas while regulating their location and number in the Town.

(2)

To minimize the adverse visual effects of antennas and antenna support structures through proper design, siting and vegetative screening.

(3)

To avoid potential damage to adjacent properties from antenna support structure failure and falling ice, through engineering and proper siting of antenna support structures.

(4)

To encourage the joint use of any new antenna support structures and to reduce the number of such structures needed in the future.

Use regulations and parcel size. No antennas shall be used, erected, moved, reconstructed, changed or altered, and no existing structure shall be modified to support or be used as an antenna unless in conformity with these regulations.

(1)

New structures. An antenna site with an antenna that is either not mounted on an existing structure or is more than 10 feet higher than the structure on which it is mounted shall require special use approval in accord with this § 220-34. The Planning Board shall also, notwithstanding the Schedule of District Regulations be authorized to permit such structures in any district where such structures can be camouflaged satisfactorily so as not to distract from important views.

(2)

Existing structures. An antenna site with an antenna that is attached to an existing communications tower, smokestack, water tower or other tall structure shall be considered a principal permitted use and special use approval shall not be required, and the project parcel need not meet the four-acre minimum size requirement established by the Schedule of District Regulations.[2] The height of the antenna shall not exceed the height of the existing structure by more than 10 feet.

[2]

Editor's Note: The Schedule of District Regulations is included as an attachment to this chapter.

(3)

Associated use. All other uses ancillary to the antenna and associated equipment (including a business office, maintenance depot, vehicle storage, etc.) are prohibited from the antenna site, unless otherwise permitted in the zoning district in which the antenna site is located.

(4)

Antennas accessory to principal structures for other permitted uses. Any antenna accessory to a principal structure which is attached to the structure and which does not exceed the maximum height limitation of the district for principal structures by more than 15 feet and any freestanding accessory antenna which does not exceed the maximum height limitation of the district for principal structures by more than 15 feet shall not be regulated by this § 220-34. Any accessory antenna which exceeds said height shall be considered a special use and shall comply with the standards of this § 220-34.

Standards.

(1)

Siting and visual impact. All antennas and accessory facilities shall be sited to have the least practical adverse visual effect on the community. The applicant shall submit a completed visual environmental assessment form (Visual EAF) addressing the standards of this § 220-34 with particular attention to visibility from key viewpoints within and outside the Town as identified in the Visual EAF. The Planning Board may require the submission of a more detailed visual analysis based on the results of the Visual EAF.

(2)

Location requirement. The applicant shall demonstrate, using technological evidence, that the antenna must go where it is proposed in order to satisfy its function in the company's grid system.

(3)

New tower - shared use. If the applicant proposes to build a tower (as opposed to mounting the antenna on an existing structure), the Town may require the applicant to demonstrate that it contacted the owners of tall structures within not less than a one-mile radius of the site proposed, asked for permission to install the antenna on those structures, and was denied for reasons other than economic ones. This would include smokestacks, water towers, tall buildings, antenna support structures of other cellular phone companies, other communications towers (fire, police, etc.) and other tall structures. The Town may deny the application to construct a new tower if the applicant has not made a good faith effort to mount the antenna on an existing structure.

(4)

Antenna height. The applicant shall demonstrate that the antenna is the minimum height required to function satisfactorily. No antenna that is taller than this minimum height shall be approved.

(5)

Setbacks from base of antenna support structure. If a new antenna support structure is constructed (as opposed to mounting the antenna on an existing structure), the minimum distance between the base of the support structure and property lines shall be not less than the height of the antenna. All guy wire anchors and accessory facilities shall be set back a minimum of 30 feet from all property lines.

(6)

Antenna support structure safety. The applicant shall demonstrate that the proposed antenna and support structure are safe and the surrounding areas will not be negatively affected by support structure failure, falling ice or other debris, electromagnetic fields, or radio frequency interference. All support structures shall be fitted with anti-climbing devices, as approved by manufacturers.

(7)

Fencing. The Planning Board may require a fence around the antenna support structure and other equipment, unless the antenna is mounted on an existing structure. The fence shall be a minimum of eight feet in height.

(8)

Landscaping. Existing vegetation shall be maintained to the greatest extent possible and building materials, colors and textures of accessory facilities shall blend with the natural surroundings to the greatest extent possible. Landscaping may be required to screen as much of the support structure as possible, the fence surrounding the support structure, and any other ground-level features (such as a building), and in general buffer the antenna site from neighboring properties in a reasonable period of time as established by the Planning Board. The Town may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping, if the same achieves the same degree of screening as the required landscaping. If the antenna is mounted on an existing structure, and other equipment is housed inside an existing structure, landscaping shall not be required. In addition, existing vegetation on and around the site shall be preserved to the greatest extent possible.

(9)

Other uses. In order to reduce the number of antenna support structures needed in the community in the future, the proposed support structure shall be required to accommodate other users, including other cellular phone companies, and local fire, police and ambulance companies.

(10)

Licenses. The applicant must demonstrate that it has obtained the required licenses from the Federal Communications Commission, the State of New York and other agencies.

(11)

Access and parking. A road and parking area shall be provided to provide adequate emergency and service access. The Planning Board may require that the road be constructed to Town standards for minor roads. If the antenna site is fully automated, adequate parking shall be required for maintenance workers. If the site is not automated, the number of required parking spaces shall equal the number of people on the largest shift.

(12)

Lighting and color. No antenna support structure shall be artificially lighted except when required by the Federal Aviation Administration (FAA). In order to reduce the visual impact, antenna support structures shall be painted gray or have a galvanized finish retained above the surrounding treeline and shall be painted gray, green or black below the surrounding treeline, unless otherwise required by the FAA. Support structures should, whenever possible, be designed and sited to avoid the necessity of complying with Federal Aviation Administration lighting and painting regulations.

[1]

Editor's Note: The Schedule of District Regulations is included as an attachment to this chapter.

§ 220-35 Renewable energy systems.

Intent. It is the intent of this § 220-35 to encourage business and residential use of renewable energy systems in the Town of Delaware, including geothermal, solar and wind energy systems, as defined herein. It is further intended to facilitate the placement of required infrastructure for such systems on buildings and lots, recognizing these improvements often involve special design and location requirements.

Definitions. The following special definitions shall apply to this section:

GEOTHERMAL ENERGY SYSTEM

Equipment that transfers thermal energy to and/or from the ground for the purposes of heating and/or cooling a building. A geothermal energy system consists of a closed-loop system of pipes filled with liquid, a heat exchanger and heat pump.

SOLAR ENERGY SYSTEM

Equipment that directly converts and then transfers or stores solar energy into usable forms of thermal or electrical energy. For the purposes of this chapter, a solar energy system does not include any solar collection system of four square feet in size or less.

WIND ENERGY SYSTEM

Equipment used to produce electricity by converting the kinetic energy of wind to rotational, mechanical and electrical energy. A wind energy system consists of the turbine apparatus (rotor, nacelle and tower) and any other buildings, support structures, or other related improvements necessary for the generation of electric power.

General standards. The following standards shall apply to all renewable energy systems, including geothermal, solar and wind energy systems:

(1)

Use classification. Except for systems designed to produce 100 kW or the equivalent in energy, which systems shall be considered manufacturing and industry uses for purpose of this chapter, all renewable energy systems shall be considered accessory uses permitted in conjunction with any principal use permitted in any zoning district. Notwithstanding this classification, such accessory uses may be placed on a lot separate from the principal use they serve, provided such principal use is located on an adjoining parcel in the Town of Delaware or an adjoining municipality.

(2)

Setbacks. Renewable energy systems are not permitted within 10 feet of any property line or 35 feet of front lot line, except for underground systems, which may extend to within five feet of a property line, provided that no stand-alone renewable energy system structure shall be placed within a distance equal its own height from such property line or block the majority of sunlight from entering the window of any structure on an adjoining property. An easement granted by an adjoining landowner shall suffice as a setback.

(3)

Compliance with Building Code. Any installation of a renewable energy system shall comply with any and all applicable provisions of the New York State Uniform Building and Fire Prevention Code and associated codes.

(4)

Utility notification. No alternative energy system shall be installed unless evidence has been provided to the Town of Delaware that the utility company has been informed of the customer's intent to install an interconnected customer-owned power generation system. Off-grid systems shall be exempt from this requirement.

(5)

Permit requirements. Building permits shall be required for all renewable energy system installations as defined herein.

(6)

Installation. All renewable energy system installations shall be made by qualified installers, and prior to operation, the electrical connections must be inspected by the Town and by an appropriate electrical inspection agency as determined by the Town.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Geothermal energy system standards.

(1)

Location. Ground-source geothermal energy systems shall be located entirely within the subject property or within appropriate easements secured for this particular purpose. No part of any such system shall be located within public rights-of-way. The heat-exchanger part of a geothermal system may also be located within a pond or lake on the landowner's property, subject to the requirements of New York State law and site plan review by the Town of Delaware Planning Board, but no portion of a geothermal system shall be located within a stream or the Upper Delaware River. Fluids used shall be identified.

(2)

Water well protection zones. Geothermal energy systems within designated water well protection zones shall comply with all State of New York and Town of Delaware requirements pertaining to protection of public water supply systems and be subject to site plan review by the Town of Delaware Planning Board. Vertical or deep-bore geothermal systems are not permitted within these zones.

(3)

System design. Open-loop geothermal systems that include one or more supply wells and one or more diffusion, recharge, return or injection wells shall comply with all New York State Department of Environmental Conservation standards and be subject to site plan review by the Town of Delaware Planning Board. Water removed from an aquifer must be returned to that same aquifer and within 50 feet vertically, in either direction, of the withdrawal point.

Solar energy system standards.

(1)

Location. Solar panels or arrays shall be placed on a principal or accessory structure, on the ground or on a monopole not exceeding 35 feet in height.

(2)

Height. The height of the solar panel or array shall be the minimum necessary to generate usable energy but shall not exceed the height limitations for any structure to which it is attached, provided that structures intended solely for purposes of supporting such solar equipment shall not exceed 35 feet, and any placements on existing structures at a height of more than 35 feet shall be subject to site plan review by the Town of Delaware Planning Board. The height of the equipment or the building and equipment combined shall, in all instances, be measured with the solar panel or array oriented toward a full tilt, where applicable.

(3)

Setbacks. A solar panel or array shall, where attached to an existing structure, comply with the required setbacks for such structure, provided that attachments to existing nonconforming structures shall not further encroach on such setbacks where already exceeded.

(4)

Surface area. The total surface area of all ground-mounted and freestanding solar panels and arrays on a lot shall not exceed 1,200 square feet, provided that nonresidential placements exceeding this size may be approved by the Town of Delaware Planning Board, subject to site plan review and a determination that such placement will still constitute an accessory use and not conflict with the Upper Delaware Scenic and Recreational River Management Plan.

(5)

Solar hot water. All solar hot water systems shall be subject to the same standards outlined herein as may be applicable.

(6)

Energy storage. When solar storage batteries are included as part of the solar energy system, they must be placed in a secure container or enclosure meeting the requirements of the New York State Uniform Building and Fire Prevention Code and associated codes when in use. When no longer used, such devices shall be safely disposed of in accordance with the laws and regulations of New York State and the Town of Delaware.

(7)

Removal. If a solar collector ceases to perform its originally intended function for more than 24 consecutive months, the property owner shall remove the collector, mount and associated equipment and facilities within 90 days of an order by the Town of Delaware Building Inspector for such removal.

(8)

Restriction on prohibitions. No homeowners' or property owners' association shall prohibit solar energy systems. Covenants and restrictions connected with projects requiring special use permits, site plan review or subdivision approval shall be reviewed for purposes of ensuring there are no such prohibitions.

(9)

Commercial solar systems. Nonfarm commercial solar systems with nameplate capacity of 25kW or more of energy for sale to utility companies or for other commercial use shall, notwithstanding any other provisions of this Subsection E(9), be considered special uses permitted in the RU Rural District subject to the following additional standards and review criteria:

[Added 9-14-2016 by L.L. No. 3-2016]

(a)

The owner of a commercial solar system shall, as a condition of approval and prior to constructing the system, provide evidence of approval to connect the solar system to the utility electrical grid and meet all applicable standards for such interconnection. No facility shall be permanently connected to such electrical grid for purposes of producing power until a certificate of compliance from the Town of Delaware has been issued.

[Amended 9-26-2018 by L.L. No. 3-2018]

(b)

Nothing in this Subsection E(9) shall be deemed to give any applicant the right to cut down surrounding trees and vegetation on any adjoining property to increase direct sunlight to the solar energy facility. Nothing in this Subsection E(9) shall be deemed a guarantee against any future construction or Town approvals of future construction that may in any way impact the sunlight flow to any solar energy facility. It shall be the sole responsibility of the facility operator or owner to acquire any necessary solar energy easements, or rights to remove vegetation.

(c)

All commercial solar system applications shall, in addition to other ordinarily required site plan data, include the following:

[1]

Drawings of the solar installation signed by a licensed professional engineer showing the proposed layout of the system and any potential shading from nearby structures.

[2]

Proposed changes to the site landscape, grading, vegetation clearing and planting, exterior lighting (which shall be limited), screening vegetation, fencing details and any other structures. This shall include a visual analysis depicting prospective views from key observation points, including a virtual reality video presentation to demonstrate the prospective view from any major public viewing point.

[Amended 9-26-2018 by L.L. No. 3-2018]

[3]

A description of the solar facility and the technical, economic and other reasons for the proposed location and design with confirmation by a licensed professional engineer that it complies with all applicable federal and state standards.

[4]

Electrical diagram detailing the solar system layout, solar collector installation, associated components, and electrical interconnection methods, with all National-Electrical-Code-compliant disconnects and over-current devices.

[5]

Documentation of the major system components to be used, including the PV panels, mounting system, and inverter.

[6]

An operation and maintenance plan which shall include measures for maintaining safe access to the installation as well as general procedures for operational maintenance of the installation.

[7]

Information on noise and reflectivity/glare of solar panels and any potential impacts on adjoining or nearby property owners.

[8]

Location of the nearest residential structure(s) on the site and located off the site, and the distance from the nearest proposed solar farm equipment.

[9]

Nameplate capacity data (for both AC and DC), the anticipated capacity factor and how many megawatts of electricity is expected to be actually generated by the facility and provided for use by the electrical grid on an average daily and annual basis.

[Added 9-26-2018 by L.L. No. 3-2018]

[10]

A fire protection and emergency response plan prepared in consultation with emergency service providers. The commercial solar system owner or operator shall provide a copy of the electrical schematic and final site plan to the local Fire Department.

[Added 9-26-2018 by L.L. No. 3-2018]

[11]

A completed Part 1 Full Environmental Assessment Form (FEAF), including but not limited to additional documentation regarding Town-wide cumulative impacts from multiple facilities developed, proposed or projected by the applicant, a full visual impact analysis, the scope of which shall be subject to determination by the Town of Delaware Planning Board and a study of potential property value and other economic impacts based upon experience with other similar facilities.

[Added 9-26-2018 by L.L. No. 3-2018]

(d)

The total surface area of all ground-mounted and freestanding solar collectors and impervious surfaces associated with the solar system, regardless of tilt, shall not exceed 30% of the land area used for the commercial solar system. Other impervious surfaces on the lot shall be limited to such proportion of the lot area as normally permitted for the zoning district. See illustration below.

[Amended 9-26-2018 by L.L. No. 3-2018]

(e)

A vegetated perimeter buffer shall be installed and maintained to provide year-round screening of the system from adjacent properties. Such buffer shall include a naturalized mix of trees, shrubs and ground cover in alternating rows designed to provide year-round screening. An earthen berm may also be required. The Planning Board, however, may waive such requirements where adequate vegetative buffers already exist, provided they are maintained so as to continue to accomplish the intended screening. Regardless, all commercial solar systems shall, under any circumstance, be designed and located so as to prevent reflective glare toward any habitable buildings, as well as public streets.

(f)

All ground-mounted panels shall not exceed 10 feet in height and shall be certified by a recognized United States authority as meeting all applicable state, federal and American National Standards Institute (ANSI) standards governing manufacture and installation. The applicant shall also provide documentation indicating solar panels utilized are the maximum practicable size required to generate the energy proposed.

[Amended 9-26-2018 by L.L. No. 3-2018]

(g)

All mechanical equipment, including any structure for batteries or storage cells, shall be completely enclosed by a high-quality fence that is a minimum of eight feet high with a self-locking gate.

[Amended 9-26-2018 by L.L. No. 3-2018]

(h)

All on-site utility and transmission lines shall, to the extent feasible, be placed underground. No facility shall be located more than 1,200 feet from a three-phase electric service connection or require an upgrade of existing three-phase electric service.

[Amended 9-26-2018 by L.L. No. 3-2018]

(i)

A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.

(j)

All commercial solar system components shall have a minimum setback of 100 feet from any lot lines. The Town of Delaware Planning Board shall, additionally, have authority to increase these setbacks relative to the visibility of the facility such that a setback for a facility visible from a home or publicly travelled road (excluding private access roads) may be increased so as to ensure a minimum setback of no less than 500 feet or nonvisibility, whichever is less. Such additional setbacks may, at the discretion of the Planning Board, be reduced where the applicant proposes buffer plantings or other forms of concealment.

[Amended 9-26-2018 by L.L. No. 3-2018]

(k)

Each solar facility shall be accompanied by a minimum of six acres of land per megawatt of rated nameplate capacity, and no more than six megawatts of such capacity shall be concentrated in one area of land, regardless of ownership, without a separation of 1/2 mile between facilities. The Town of Delaware Planning Board may, in its sole discretion, modify this standard if the facilities being concentrated are not visible or only minimally visible from existing residences or publicly travelled roads.

[Added 9-26-2018 by L.L. No. 3-2018[2]]

[2]

Editor's Note: This local law also redesignated former Subsection E(9)(k) and (l) as Subsection E(9)(l) and (m), respectively.

(l)

Solar modular panels shall not contain hazardous materials or shall be designed in such fashion that any such materials shall be confined and protected from the possibility of any spills in the event of panel damage from normal wear and tear or due to weather. The applicant shall provide documentation with respect to the same from a certified United States materials testing agency. The applicant shall also provide a plan for disposal of old or damaged panels, including the identification of and agreements with proposed disposal facilities.

[Amended 9-26-2018 by L.L. No. 3-2018]

(m)

[3]There shall be no signs except announcement signs, such as "no trespassing" signs or signs required to warn of danger. A sign shall be placed at any entrance to the facility, which sign shall identify the owner and operator with an emergency telephone number where the owner and operator can be reached on a twenty-four-hour basis.

[3]

Editor’s Note: Former Subsection E(9)(m), regarding solar energy system Fire Department requirements, was repealed 9-26-2018 by L.L. No. 3-2018.

(n)

The commercial solar system shall, at all times, be maintained in good condition. Site access shall be maintained to a level acceptable to the local Fire Department and Emergency Medical Services.

(o)

A valid performance bond or other financial surety suitable to the Town Board shall be assigned to the Town of Delaware for decommissioning purposes, and all applications for a solar farm shall be accompanied by a decommissioning plan to be implemented upon abandonment and/or in conjunction with removal of the facility. Such plan shall include an engineering cost estimate for completing the decommissioning, which estimate shall be reviewed by the Town Engineer to guide the Town Board in arriving at the bond amount.

Wind energy system standards.

(1)

Height. The height of a wind energy system shall be the minimum necessary to produce usable power. No part of a wind energy system, including the rotor blades while in operation, shall exceed 75 feet above ground level or 20 feet above the base height limit of the underlying zone, whichever is greater. The height may be increased to a maximum of 150 feet on parcels of five or more acres by the Town of Delaware Planning Board, subject to site plan review and findings that granting of the additional height would allow use of a wind energy system where none would otherwise be practical and the support structures are designed to blend in with the architectural character and/or landscape of the surrounding area.

(2)

Size. The maximum length of rotor blades shall be no more than 10 feet, provided that this length may be increased to a maximum of no more than 15 feet where such increased rotor length is documented as the minimum necessary to produce usable power. Longer length rotor blades may be permitted on properties of three acres or more in lot area, subject to site plan review by the Planning Board and findings that granting of the additional length would allow use of a wind energy system where none would otherwise be practical and the support structures are designed to blend in with the architectural character and/or landscape of the surrounding area.

(3)

Clearance of blades. No part of a wind energy system shall extend within 10 feet of the ground. No blades shall extend over parking areas, driveways or sidewalks.

(4)

Noise. Wind energy systems shall not exceed 60 dBA as measured at the nearest adjacent property or easement line. A noise study verifying that the maximum level is not being exceeded may be required to be submitted where equipment is to be located within 100 feet of a property line. An easement granted by an adjoining landowner shall suffice as a setback.

(5)

Transmission lines. Power transmission lines from the tower to any building or other structure shall, to the maximum extent practicable, be located underground.

(6)

Communications equipment. No television, radio or other communications antennas may be affixed or otherwise made part of any wind turbine, except with approval by the Town of Delaware Planning Board based upon site plan review to ensure such equipment will not interfere with existing communications equipment or overwhelm the primary purpose of generating renewable energy.

(7)

Visual impacts. No advertising signs are allowed on any part of the wind energy facility, including fencing and support structures. Other measures to reduce the visual impact of wind turbines shall also be employed to the maximum extent practicable, and such facilities shall not conflict with the Upper Delaware Scenic and Recreational River Management Plan. Monopole towers shall be used wherever practicable. All structures in a project shall be finished in a single, nonreflective matte-finished color or a camouflage scheme. Except for danger warnings, no lettering, company insignia, advertising or graphics shall be on any part of the tower, hub or blades.

Modification of standards. The Town of Delaware Planning Board may, subject to the limitations of this section and site plan review, appropriately modify other development standards of this chapter and Chapter 186, Subdivision of Land, including but not limited to building and lot coverage, to accommodate renewable energy system; the purpose of this section being to promote rather than restrict the use of such systems.