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:
A.
Storage. No more than one such vehicle may be stored on any lot (permitted
sales lots excepted).
B.
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.
C.
Yards. The vehicle shall not be parked in any front yard or within
10 feet of any property line.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
See Article XIII of this chapter.
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.)
A.
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.
B.
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.
C.
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.
D.
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.
E.
Vibration. No vibration shall be permitted which is detectable without
instruments at the property line.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
L.
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.
M.
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.
N.
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.
O.
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.
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]
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.
A.
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.
B.
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.
(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.
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.
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.
A.
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.
B.
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.
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.
A.
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.
B.
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.
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.
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:
A.
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.
B.
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:
C.
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.
D.
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.
E.
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.
F.
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.
(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.
G.
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.
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:
A.
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.
B.
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.
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.
A.
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.
B.
Rooms for rent. Not more than five rentable rooms are provided in
the establishment.
C.
Use as residence. The owner or manager of the bed-and-breakfast must
reside on the premises.
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.
C.
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.
D.
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.
E.
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.
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]
A.
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.
B.
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.
C.
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.
A.
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.
B.
GEOTHERMAL ENERGY SYSTEM
SOLAR ENERGY SYSTEM
WIND ENERGY SYSTEM
Definitions. The following special definitions shall apply to this
section:
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.
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.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.