Town of Alden, NY Article IV Supplementary Regulations

§ 365-20 Location of accessory buildings.

All accessory buildings and structures shall observe the same yard requirements as principal buildings except for the following:

A. In any R District, no part of an accessory structure shall be nearer than five feet to a lot line nor nearer than 10 feet to a rear lot line of a corner lot where such rear lot line abuts a side lot line of a lot in an R District.

B. No accessory building or structure shall be located in any front yard, regardless of whether or not such yard is a required front yard.

[Amended 3-20-1995 by L.L. No. 1-1995]

C. An attached garage not over 12 feet in height may extend into a required side yard not more than three feet, but not nearer any side lot line than five feet.

D. In any district, the distance between the main building and the accessory building shall be a minimum of 10 feet.

§ 365-21 Exceptions to yard requirements.

A. Front yard exceptions.

(1) Except for Subsection A(2) below, a required front yard need not exceed the average of those of existing buildings within a distance of 150 feet either side of the lot to be developed.

(2) In all districts on property fronting on Broadway, Walden Avenue and on that portion of Genesee Street east of its intersection with Walden Avenue, a minimum setback from the center line of the pavement is required in order to provide a front yard of at least 75 feet. Minimum setbacks from the center line of said road shall be as follows:

(a) Broadway.

[1] From the west Town boundary to the west village line: 135 feet.

[2] From the east village line to the east Town boundary: 108 feet.

(b) Walden Avenue, for the entire distance within the Town: 125 feet.

(c) Genesee Street, from its intersection with Walden Avenue eastward for the entire remaining distance within the Town: 108 feet.

B. Side yard exception for corner lots. On a corner lot where the rear lot line coincides with a side lot line of an adjoining lot, the required width of the exterior side yard shall not be less than the front yard requirement along the street on which the exterior side yard abuts.

C. Rear yard exception for through lots. On a through lot where the rear lot line coincides with a street line, a front yard equivalent shall be provided. The rear yard depth requirements in the district regulations shall not apply on that portion of a through lot where a front yard equivalent is required.

§ 365-22 Open space requirements for mixed occupancy buildings.

In the case of a building of mixed occupancy, 400 square feet of open space for each dwelling unit contained in such building shall be provided on the lot exclusively for recreation and household service activities.

§ 365-23 Visibility at intersections.

[Amended 1-17-2017 by L.L. No. 1-2017]

No sign, fence, wall, berm, hedge, shrub planting or tree foliage which obstructs vision at elevations between three and seven feet above the street level shall be placed or maintained within the triangular area formed by two intersecting street lines and a line connecting points thereon 30 feet distant from their point of intersection.

§ 365-24 Solar siting.

[Amended 9-19-2016 by L.L. No. 2-2016]

A. Purpose and intent.

(1) Solar energy is a renewable and nonpolluting energy resource that can reduce fossil fuel emissions and reduce a municipality's energy load. Energy generated from solar energy systems can be used to offset energy demand on the grid where excess solar power is generated.

(2) This article aims to promote the accommodation of solar energy systems and equipment and the provision for adequate sunlight and convenience of access necessary therefor, and to balance the potential impact on neighbors when solar collectors may be installed near their property while preserving the rights of property owners to install solar energy systems without excess regulation.

B. Definitions. As used in this article, the following terms shall have the meanings indicated, unless the context or subject matter requires otherwise.

ALTERNATIVE ENERGY SYSTEMS

Structures, equipment, devices or construction techniques used for the production of heat, light, cooling, electricity or other forms of energy on site and which may be attached to or separate from the principal structure.

BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV) SYSTEMS

A solar energy system that consists of integrating photovoltaic modules into the building structure, such as the roof or the facade, and which does not alter the relief of the roof.

COLLECTIVE SOLAR

Solar installations owned collectively through subdivision homeowner associations, college student groups, "adopt-a-solar-panel" programs, or other similar arrangements.

FLUSH-MOUNTED SOLAR PANEL

A photovoltaic panel or tile that is installed flush to the surface of a roof and which cannot be angled or raised.

FREESTANDING OR GROUND-MOUNTED SOLAR ENERGY SYSTEM

A solar energy system that is directly installed in the ground and is not attached or affixed to an existing structure. Pole-mounted solar energy systems shall be considered freestanding or ground-mounted solar energy systems for purposes of this chapter.

NET METERING

A billing arrangement that allows solar customers to get credit for excess electricity that they generate and deliver back to the grid so that they only pay for their net electricity usage at the end of the month.

PERMIT GRANTING AUTHORITY

The Town Code Enforcement Department, which is charged with granting permits for the operation of solar energy systems.

PHOTOVOLTAIC (PV) SYSTEM

A solar energy system that produces electricity by the use of semiconductor devices, called "photovoltaic cells," that generate electricity whenever light strikes them.

QUALIFIED SOLAR INSTALLER

A person who has skills and knowledge related to the construction and operation of solar electrical equipment and installations and has received safety training on the hazards involved. Persons who are on the list of eligible photovoltaic installers maintained by the New York State Energy Research and Development Authority (NYSERDA), or who are certified as a solar installer by the North American Board of Certified Energy Practitioners (NABCEP), shall be deemed to be qualified solar installers for the purposes of this definition. Persons who are not on NYSERDA's list of eligible installers or NABCEP's list of certified installers may be deemed to be qualified solar installers if the Town Code Enforcement Officer or such other Town officer or employee as the Town Board designates determines such persons have had adequate training to determine the degree and extent of the hazard and the personal protective equipment and job planning necessary to perform the installation safely. Such training shall include the proper use of special precautionary techniques and personal protective equipment, as well as the skills and techniques necessary to distinguish exposed energized parts from other parts of electrical equipment and to determine the nominal voltage of exposed live parts.

ROOFTOP OR BUILDING-MOUNTED SOLAR SYSTEM

A solar power system in which solar panels are mounted on top of the structure of a roof either as a flush-mounted system or as modules fixed to frames which can/may be tilted toward the south at an optimal angle.

SETBACK

The distance from a front lot line, side lot line or rear lot line of a parcel within which a freestanding or ground-mounted solar energy system is installed.

SMALL-SCALE SOLAR

For purposes of this chapter, the term "small-scale solar energy system" is an accessory use or structure, designed and intended to generate energy for a principal use located on site. Excess energy, if produced, may be sold to a utility under a net metering agreement. The overall surface area of solar collectors which are 5,000 square feet or less.

SOLAR ACCESS

Space open to the sun and clear of overhangs or shade, which should include the orientation of streets and lots to the sun so as to permit the use of active and/or passive solar energy systems on individual properties.

SOLAR COLLECTOR

A solar photovoltaic cell, panel, or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat.

SOLAR ENERGY EQUIPMENT/SYSTEM

Solar collectors, controls, energy storage devices, heat pumps, heat exchangers, and other materials, hardware or equipment necessary to the process by which solar radiation is collected, converted into another form of energy, stored, protected from unnecessary dissipation and distributed. Solar systems include solar thermal, photovoltaic and concentrated solar. For the purposes of this chapter, a solar energy system does not include any solar energy system of four square feet in size or less.

SOLAR FARM or SOLAR POWER PLANT

Energy generation facility or area of land principally used to convert solar energy to electricity, whether by photovoltaics, concentrating solar thermal devices or various experimental solar technologies, with the primary purpose of wholesale or retail sales of electricity.

SOLAR PANEL

A device for the direct conversion of solar energy into electricity.

SOLAR STORAGE BATTERY

A device that stores energy from the sun and makes it available in an electrical form.

SOLAR THERMAL SYSTEMS

Solar thermal systems directly heat water or other liquid using sunlight. The heated liquid is used for such purposes as space heating and cooling, domestic hot water, and heating pool water.

C. Applicability.

(1) The requirements of this article shall apply to all solar energy system and equipment installations modified or installed after the effective date of this article.

(2) Solar energy system installations for which a valid building permit has been issued or, if no building permit is presently required, for which installation has commenced before the effective date of this article shall not be required to meet the requirements of this article.

(3) All solar energy systems shall be designed, erected and installed in accordance with all applicable codes, regulations and industry standards as referenced in the state building code and the Town Code.

(4) Solar collectors, unless part of a solar farm or solar power plant, shall be permitted only to provide power for use by owners, lessees, tenants, residents, or other occupants of the premises on which they are erected, but nothing contained in this provision shall be construed to prohibit collective solar installations or the sale of excess power through a net billing or net metering arrangement in accordance with New York Public Service Law § 66-j or similar state or federal statute.

D. Permit required; construction and placement requirements.

(1) No small-scale solar energy system or device shall be installed or operated in the Town except in compliance with this article.

(2) Rooftop and building-mounted solar collectors. Rooftop and building-mounted solar collectors are permitted in all zoning districts in the Town subject to the following conditions:

(a) Building permits shall be required for installation of all rooftop and building-mounted solar collectors, except a separate building permit shall not be required for flush-mounted photovoltaic panels installed as a part of a new construction.

(b) Rooftop and building-mounted solar collectors shall not exceed the maximum allowed height of the principal use in any zoning district. Total height is defined as the structure and the solar installation and any brackets/fastenings.

(3) Fire safety and emergency access.

(a) In order to ensure firefighter and other emergency responder safety, except in the case of accessory buildings under 1,000 square feet in area, there shall be a minimum 30 inches perimeter area to provide space on the roof for walking around all rooftop and building-mounted solar collectors. Additionally, installations shall provide for adequate access and spacing in order to:

[1] Ensure access to the roof;

[2] Provide pathways to specific areas of the roof;

[3] Provide for smoke ventilation opportunity areas;

[4] Provide emergency egress from the roof.

[5] Exceptions to these requirements may be requested where access is available via:[1]

[a] Unique site specific limitations;

[b] Alternative access opportunities (as from adjoining roofs);

[c] Ground-level access to the roof area in question;

[d] Other adequate ventilation opportunities when approved by the Code Enforcement Officer;

[e] Adequate ventilation opportunities afforded by panel setback from other rooftop equipment (for example: shading or structural constraints may leave significant areas open for ventilation near HVAC equipment);

[f] Automatic ventilation device; or new technology, methods, or other innovations that ensure adequate emergency responder access, pathways and ventilation opportunities.

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

(b) All exceptions must be approved by the Code Enforcement Officer.

(4) Glare or glint.

(a) If any roof or ground-mounted solar collection device installation causes glare or glint onto neighboring properties or roadways, the installation must be immediately modified to remove such glare or glint.

(5) Building-integrated photovoltaic (BIPV) systems. BIPV systems are permitted in all zoning districts and shall be shown on the plans submitted for the building permit application for the building containing the system.

(6) Freestanding and ground-mounted solar collectors. Freestanding or ground-mounted solar collectors are permitted as accessory structures in all zoning districts of the Town subject to the following conditions:

(a) Building permits are required for the installation of all ground-mounted and freestanding solar collectors and they must be located in the side or rear yards.

(b) In the R-1 and R-2 Districts a lot must have a minimum size of 40,000 square feet with an unencumbered space of 30,000 square feet in order for a ground-mounted or freestanding solar collector to be permitted. Unencumbered space is the lot space available minus all structures, the front yard, and the driveway(s).

(c) The location of the ground-mounted or freestanding solar collector shall meet the following setback requirements and limitations set forth in this provision:

[1] R-A, R-1, and R-2 Districts.

[a] Minimum required side yard setback: 30 feet.

[b] Minimum required rear yard setback: 100 feet.

[c] Minimum required front yard setback: 250 feet.

[d] No freestanding/ground-mounted systems allowed in front yard.

[2] R-3 District.

[a] Minimum required side yard setback: 20 feet.

[b] Minimum required rear yard setback: 50 feet.

[c] Minimum required front yard setback: 250 feet.

[d] Minimum unencumbered lot size for ground-mounted systems: 30,000 square feet.

[e] No ground-mounted or freestanding permitted in front yards.

[3] R-C District.

[a] Ground-mounted and freestanding solar collectors are not permitted in connection with any use.

[4] C-1 and C-2 Districts.

[a] Ground-mounted and freestanding solar collectors are permitted in a C-1 or C-2 District as an accessory use only subject to the following:

[b] Minimum required side yard setback: 30 feet.

[c] Minimum required rear yard setback: 40 feet.

[d] No ground-mounted or freestanding solar collectors allowed in front yard.

[e] Minimum unencumbered lot space of 40,000 square feet.

[f] Not permitted if abutting an R-1 or R-2 District.

[5] C-3, M-1, and M-2 Districts.

[a] Ground-mounted and freestanding solar collectors are not permitted in any M-1 or M-2 District unless there is 30,000 square feet of unencumbered side or rear yard available. Not permitted in side yard if side yard abuts a residential zone.

[b] Minimum required side yard setback: 30 feet.

[c] Minimum required rear yard setback: 40 feet.

[d] Minimum required front yard setback: 250 feet.

[e] The height of the solar collector and any mounts shall not exceed 15 feet when oriented at maximum tilt.

E. General provisions relative to solar equipment.

(1) Ground-mounted and freestanding solar collectors shall be screened when possible and practicable from adjoining lots and street rights-of-way through the use of architectural features, landscaping, fencing or other screening which will harmonize with the character of the property and surrounding area. The proposed screening shall not interfere with normal operation of the solar collectors.

(2) The height of the freestanding or ground-mounted collectors, including collector mounts, shall not exceed 15 feet when oriented at full tilt.

(3) Solar energy equipment shall be located in a manner to reasonably minimize view blockage for surrounding properties and shading of property to the north, while still providing adequate solar access for collectors.

(4) Solar energy equipment shall not be sited within any required buffer area nor is it permitted to be placed on any berms.

(5) The area beneath ground-mounted and freestanding solar collectors shall be included in calculating whether the lot meets maximum permitted lot building coverage and lot surface coverage requirements for the applicable district, notwithstanding that the collectors are not buildings.

(6) The installation of ground-mounted and freestanding solar collectors shall be considered a development or development activity for purposes of Chapter 300, Stormwater Management and Erosion and Sediment Control, of the Code of the Town of Alden.

(7) Solar thermal systems. Solar thermal systems are permitted in all zoning districts subject to the following conditions:

(a) Building permits are required for the installation of all solar thermal systems.

(b) Ground-mounted and freestanding solar thermal systems shall be subject to the same requirements set forth in Subsection E(4) above as for ground-mounted and freestanding solar collectors.

(8) Solar energy systems and equipment shall be permitted only if they are determined by the Town not to present any unreasonable safety risks, including, but not limited to, the following:

(a) Weight load as determined by a structural engineer.

(b) Wind resistance.

(c) Ingress or egress in the event of fire or other emergency.

(9) Solar collectors and related equipment shall be surfaced, designed and sited so as not to reflect glare or glint onto adjacent properties and roadways.

F. Safety.

(1) All solar collector installations must be performed by a qualified solar installer.

(2) Prior to operation, electrical connections must be inspected by the Town Code Enforcement Officer and by an appropriate electrical inspection person or agency, as determined by the Town.

(3) Any connection to the public utility grid must be inspected by the appropriate public utility.

(4) Solar energy systems shall be maintained in good working order. Area underneath any freestanding or ground-mounted collectors must be regularly mowed.

(5) Rooftop and building-mounted solar collectors shall meet New York's Uniform Fire Prevention and Building Code standards.

(6) If solar storage batteries are included as part of the solar collector system, they must be placed in a secure container or enclosure meeting the requirements of the New York State Building Code when in use, and when no longer used shall be disposed of in accordance with the laws and regulations of the Town and other applicable laws and regulations.

(7) If a solar collector ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the collector, mount and associated equipment by no later than 90 days after the end of the twelve-month period.

(8) Marking of equipment.

(a) Solar energy systems and equipment shall be marked in order to provide emergency responders with appropriate warning and guidance with respect to isolating the solar electric system. Materials used for marking shall be weather resistant. For residential applications, the marking may be placed within the main service disconnect. If the main service disconnect is operable with the service panel closed, then the marking should be placed on the outside cover.

(b) For commercial application, the marking shall be placed adjacent to the main service disconnect in a location clearly visible from the location where the lever is operated.

G. Solar farms and solar power plants. Solar farms and solar power plants shall be permitted in the R-A District on a four to 20 acre parcel as an electric generating use subject to site plan review by the Planning Board and approval by the Town Board of the Town of Alden and are subject to the following supplementary regulations:

(1) Solar farms and solar power plants shall be enclosed by chain-link security-type fencing eight feet in height with no barbed or razor wire to restrict unauthorized access.

(2) The manufacturer's or installer's identification and appropriate warning signage shall be posted at the site and clearly visible at a minimum of every 200 feet interval, or as suggested by the manufacturer as long as the warning markings are not further apart than every 200 feet.

(3) Solar farm and solar power plant buildings and accessory structures shall, to the extent reasonably possible, use materials, colors, and textures that will blend the facility into the existing environment. Solar farms must have a minimum setback from the road of 600 feet and side/rear setbacks of 100 feet. In no case can a solar farm be situated in front of adjacent residences. Accessory buildings and equipment related to the solar farm/solar power plant shall be placed within the fenced perimeter. A main shut off shall be located at the street to provide emergency services access during all weather conditions.

(4) Appropriate landscaping and/or screening materials may be deemed by the Town Board as required to help screen the solar power plant and accessory structures from major roads and neighboring residences.

(5) The average height of the solar panel arrays shall not exceed 12 feet at maximum tilt.

(6) Solar farm and solar power plant panels and equipment shall be surfaced, designed and sited so as not to reflect glare or glint onto adjacent properties, air traffic, and roadways.

(7) On-site power lines shall, to the maximum extent practicable, be placed underground.

(8) Decommissioning and restoration. The applicant shall include the following information regarding decommissioning of a solar farm or solar power plant:

(a) The anticipated life of each solar farm or solar power plant.

(b) The estimated decommissioning costs in current (at the time of application) United States dollars.

(c) The method and schedule for updating the costs of decommissioning the site.

(d) The method of ensuring that funds will be available for decommissioning and restoration.

(e) The anticipated manner in which the site will be decommissioned.

(f) The Alden Town Board will require the applicant or operator of a solar farm or power plant to provide an appropriate and adequate demolition financial security bond in an amount approved by the Town Board for purposes of removing the solar farm or solar power plant when the owner or operator fails to do so as outlined in this section. The sufficiency of the bond shall be estimated initially and every five years thereafter by a New York State engineer hired by the Town of Alden with all costs paid by the operator/owner of the system, and shall provide a current estimated cost of decommissioning and restoration via a report to the Town Board. If said analysis indicates that the bond on file is inadequate, it must be increased to the new estimated amount and filed with the Town Clerk. Proof of the decommissioning security bond must be provided by the owner or operator of the solar farm or solar power plant annually on January 1.

(g) Solar farms or solar power plants that are not used for 12 consecutive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner. Solar farms that are not removed within the time frames described herein may be removed by the Town or a contractor designated by the Town utilizing the required decommissioning financial security bond. Failure to abide by and faithfully comply with this section or with any and all conditions that may be attached to the granting of any building permit shall constitute grounds for the revocation of the permit by the Code Enforcement Officer.

(h) Grass, brush and weeds must be regularly mowed under and between the arrays during spring, summer and fall to keep the vegetation from overtaking the farm. If applicable, sheep may be kept in the enclosure as an alternative to mechanical mowing. Use of herbicide is discouraged.

H. Appeals.

(1) If a person is found to be in violation of the provisions of this article, appeals should be made in accordance with the established procedures and time limits of the Zoning Code and New York State Town Law.

(2) If a building permit for a solar energy device is denied based upon a failure to meet the requirements of this article, the applicant may seek relief from the Zoning Board of Appeals in accordance with the established procedures and time limits of the Zoning Code and New York State Town Law.

I. Building permit fees for solar panels. The fees for all building permits required pursuant to this article shall be paid at the time each building permit application is submitted in such reasonable amount as the Town Board may by resolution establish and amend from time to time. For a solar farm, the building permit fee will be adopted at the organizational meeting each year.

J. Guidelines for future solar access. Consideration by the Town Planning Board and the Town Board may be made when reviewing new developments to ascertain if they can be sited to take advantage of solar access insofar as practical, including the orientation of proposed buildings with respect to sun angles, the shading and windscreen potential of existing and proposed vegetation on and off the site, and the impact of solar access to adjacent uses and properties.

§ 365-25 Exceptions to height limitations.

The following are exceptions to the height limitations:

A. Chimneys, flues, spires and belfries.

B. Flagpoles, radio or television antennas, masts or aerials, located on a building and extending not more than 20 feet above the roof of such building.

C. Elevator or stair bulkheads, roof water tanks or cooling towers (including enclosures), provided that such structures, in the aggregate, do not occupy more than 10% of the roof area.[1]

[1] Editor's Note: Former Subsection D, Solar energy systems, which immediately followed this subsection, was repealed 9-19-2016 by L.L. No. 2-2016. See now § 365-24, Solar siting.

§ 365-26 Temporary structures or uses.

The following temporary structures shall be deemed to be permitted uses in all zoning districts:

A. A temporary structure or use incidental to construction work, including a nonilluminated sign, not exceeding 12 square feet in area, of any contractor, engineer or architect for a period of time not to exceed one year, provided that such structure shall be removed forthwith upon the completion or abandonment of the construction work.

B. The temporary use of a dwelling as a model home for a period of time not to exceed three months.

§ 365-27 Automotive use areas.

A. Any portion of a lot, with the exception of one- and two-family homes, used for open off-street parking and, but not limited to, reservoir space for open sales, service or storage areas for motor vehicles, or boats, shall be deemed to be an automotive use area and shall be subject to the following requirements:

[Amended 3-20-1995 by L.L. No. 1-1995; 11-5-2018 by L.L. No. 4-2018; 11-4-2019 by L.L. No. 4-2019]

(1) Surfacing.

(a) Every automotive use area and access driveway thereto shall be paved with new process hot asphalt paving or concrete and shall be so graded and drained so as to dispose of surface water accumulations.

(b) The Town Board, during its site plan review and approval process, may deviate from the above surfacing requirements as to separate employee-only parking areas; equipment-only storage areas and temporary storage/staging areas only, provided that such deviation is not inconsistent with public health, safety, and welfare; further provided that entryways, customer and handicapped parking areas; active work areas; and vehicle display areas must always be paved with new process hot asphalt or concrete

(c) In addition, any granted deviation would take into consideration the nature of the business, its size, and any other factors deemed appropriate by the Town Board.

(2) Lighting. Any fixture used to illuminate any automotive use area shall be so arranged as to direct the light away from the street and from adjoining premises in any R District.

(3) Screening. Every automotive use area, except off-street parking areas for fewer than five vehicles, shall be screened from any adjoining lot in any R District by a landscaped buffer of no less than five feet in width or a five-foot buffer with solid fencing or wall. Such buffer shall be landscaped and maintained by the owner.

(4) Access. No entrance or exit to an automotive use area shall be permitted within 30 feet of any intersecting street lines and, except for permitted residential off-street parking areas, no entrance or exit shall be permitted within 10 feet of a lot in any R District. Access to automotive use areas shall be so designed that vehicles shall not back into a street.

(5) Submission of a site plan for review as set forth in Article XII herein.

[Added 3-20-1995 by L.L. No. 1-1995]

B. Gasoline service stations or public garages shall be subject to the following regulations:

(1) No part of any structure used as a gasoline service station or public garage and no filling pump, lift or other service appliance shall be permitted within 25 feet of any R District boundary.

(2) In connection with any gasoline station or repair garage, no gasoline or fuel pump, no oiling or greasing mechanism and no other service appliance shall be installed within 35 feet of any street line.

(3) Two reservoir spaces for each gasoline pump shall be provided on the lot for waiting vehicles. Such reservoir spaces shall not include space at the pump or required parking space.

(4) Storage of gasoline shall be as approved by the National Fire Protection Association (NFPA).

(5) There shall be no use of the lot except for landscaping or screening within 20 feet of a lot in any R District.

(6) No gasoline service station or public garage shall be used for auto wrecking or for the storage of wrecked, partially dismantled or junked vehicles or equipment or motor vehicles which do not qualify for New York State motor vehicle registration.

§ 365-28 Fences, walls and berms.

[Amended 1-17-2017 by L.L. No. 1-2017]

A. Fences and walls.

(1) Maximum height shall be as follows:

(a) R Districts.

[1] Front yards: three feet.

[2] Rear and side yards: six feet.

(b) All other districts: eight feet in any yard excepting solar farms fencing which shall be eight feet.

(2) Exceptions.

(a) Fencing for tennis courts in any district shall not exceed 12 feet.

(b) Refer to § 365-23 for visibility at intersections.

(c) Residential uses in nonresidential districts shall be governed by regulations pertaining to R Districts.

(d) Fencing for swimming pools shall meet New York's Uniform Fire Prevention and Building Code Standards.[1]

[1] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(3) Performance standards.

(a) The construction and location of the fence shall be in accord with normal safety standards and precautions.

(b) No fence, wall or berm will interfere with the visibility of vehicular or pedestrian traffic along a public right-of-way.

(c) Fences, including posts, shall be the same coloring on both sides in equal and identical proportion.

B. Berms.

(1) All berms shall be constructed so that all sides of the berm shall not have a slope greater than one to three feet (ratio of vertical rise of one foot to a horizontal run of three feet).

(2) All berms shall be constructed out of clean fill or an approved equal. Said fill shall be given sufficient time to settle before final shaping and topsoil are applied. After the settled fill has been shaped, a uniform six-inch layer of approved horticultural topsoil shall be placed and fine graded.

(3) The height of a berm shall be the vertical distance from the top of the berm to the natural existing grade at the base of the berm.

(4) All berms, except those required to be constructed in connection with a Planning Board's approval of a subdivision plat and/or site plan, shall require a building permit.

(5) All applications for a building permit shall include the following:

(a) A detailed grading plan of the entire site, indicating the existing topography in contour intervals no greater than five feet and the proposed topography in contour levels no greater than two feet. The scale of the cross section shall be no greater than one inch equals four feet. A cross section of the berm indicating the type of materials to be used in constructing the berm and the location of landscaping.

(b) A detailed landscaping plan indicating the location, size and quantity of the species to be planted.

(6) All berms shall be properly vegetated and landscaped as approved by the CEO before any erosion occurs in the topsoil in the berm, or, in the alternative, the berm shall be covered with an approved ground cover until such time as the berm can be vegetated. In all cases, the berm must be covered with an approved vegetation or a New York State approved ground covering within one calendar year of its approval.

(7) All berms shall be constructed only during the period of March 1 through October 15.

(8) No fence, solar array, antenna, building, or walls shall be constructed upon a berm. However, a retaining wall can be placed on the sides of a berm where said retaining wall will promote aesthetic considerations and the height of the wall does not exceed the height of the berm. A sign may also be constructed on the berm subject to the issuance of a permit and all provisions relative to height, visibility, and specifications found in Chapter 279, Signs.

(9) The construction of a berm shall not impede or interfere with the natural drainage of the site, adjacent sites, or right-of-way drainage. See also § 365-29, Individual lot grading; Chapter 150, Drainage Control; and Chapter 300, Stormwater Management and Erosion and Sediment Control.

(10) No berm may be constructed in a road, street, or drainage right-of-way nor impair visibility for traffic and pedestrian safety. Berms, as with fences, must be set back a minimum of one foot or more from property lines to allow for mowing and maintenance. Any wiring or other structural components associated with the berm must face inwards.

(11) All berms and walls referred to in this section must be approved by the Code Enforcement Officer upon receipt of the application and fee. The fee will be determined by the Town Board.

§ 365-29 Individual lot grading.

All individual lots shall be graded in a manner which will avoid surface water runoff on adjacent lots and which will:

A. Divert water away from buildings.

B. Prevent standing water and soil saturation detrimental to structures and lot use.

C. Preserve desirable site features.

D. Provide grades for safe and convenient access to and around buildings and lot.

E. Conform to the general storm drainage pattern for the area.

§ 365-30 Storage.

To provide visual protection from the storage of equipment and materials (as opposed to material for sale on display), such storage in any C or M District shall be within completely enclosed buildings or, if left open to the sky, shall be effectively screened from public view. Screening shall be of sufficient height and density to completely hide the storage from public view. In certain cases fencing may be deemed necessary to supplement landscaping. All screening (fences, landscaping or combinations of each) shall be maintained in such manner as to present a neat and orderly appearance at all times.[1]

[1] Editor's Note: Former § 20-32, Junk cars, as amended, which immediately followed this section, was repealed 7-1-1996. For current provisions, see now Ch. 328, Vehicles, Abandoned.

§ 365-31 Wellhead Protection Areas (WPA).

[Added 3-20-1995 by L.L. No. 1-1995]

A. Purpose. The purpose of the WPA is, in the interest of public health, safety and general welfare, to preserve the quality and quantity of groundwater resources in order to ensure a safe and healthy drinking water supply.

B. Permitted uses. All uses currently permitted are permitted in the WPA subject to the provisions of this section. Any development in a WPA shall be considered a Type I action under the State Environmental Quality Review Act (SEQR).

C. Standards. A detailed description of the proposed development's impact on groundwater quality shall be incorporated into the site plan.

(1) Provision of proper handling systems for the storage, stockpiling and disposal of any agricultural or nonagricultural associated animal waste, fertilizer, pesticide, fungicide, industrial sludge, toxic substance, chloride salt and liquid petroleum.

(2) Evidence of compliance with all applicable federal, state and local laws and regulations as they pertain to the discharge of any materials into surface water or groundwater.

(3) Provision for proper closure of water, gas and other wells which will or may be abandoned upon site development.

(4) Any other information as deemed appropriate by the Planning Board, necessary to fully evaluate the development impact on groundwater and surface water quality. This may require a hydrogeologic investigation by a qualified consulting firm, the costs of which shall be borne by the applicant.

§ 365-32 4-H Club poultry-raising projects.

[Added 1-17-2017 by L.L. No. 1-2017]

A. Individuals eligible for participation in the 4-H Club Poultry Program are eligible for these additional special considerations:

(1) An application for the initial special permit shall be made to the Code Enforcement Officer. Verification of current participation in a 4-H Poultry Program must be provided. There will be no fee charged for this initial request, but it will be subject to a public hearing.

(2) 4-H participants can raise only layer hens or meat birds with no roosters allowed.

(3) If there is a demonstrated need to exceed the six-hen limit for the 4-H project, i.e., two siblings in one household participating in the program, the Town Board may waive the six-hen limit to a maximum of 12 hens. This special consideration, if granted, expires in one year.

B. All other aspects of this chapter will apply.