There shall be no more than one dwelling on a single lot except for the placement of a temporary residence complying with the provisions of § 240-78 of this chapter, or upon approval of a special use permit. Such special use permit may be issued where it can be demonstrated that any future subdivision of the lot which would result in the dwellings being located on separate lots, can be accomplished in such a way that the resulting dwellings will have setbacks in accordance with this chapter, the resulting lots will have areas and dimensions in accordance with this chapter, and all sewage disposal and wastewater systems will be in accordance with the New York State Sanitary Code.
No accessory structure, fence, wall, or hedge shall be erected
in such a manner as to confuse or obstruct the views of any traffic
sign, signal, or device, or obstruct the visibility of vehicles entering
or exiting highways.
A.
No structure shall exceed 40 feet in height except agricultural structures,
chimneys, telecommunication towers, television and radio masts and
antennas, water tanks, spires, and windmills.
B.
Structures exceeding 40 feet in height shall be allowed only upon
approval of a special use permit. Such permit shall not be approved
until the applicant has demonstrated the following:
(1)
That there is a demonstrated public need for the proposed use, and
that this need cannot be met by any means other than by exceeding
the general height limitations of this chapter;
(2)
That the height of the structure is the minimum necessary to accomplish
its intended purpose;
(3)
That all practical means have been used to minimize any negative
aesthetic impacts identified by the Planning Board;
(4)
That the structure does not significantly impair solar access to
buildings or solar energy systems equipment.
No development permit or certificate of compliance shall be issued for any use or structure on any lot which has been filed in the office of the County Clerk after the effective date of Chapter 195, Subdivision of Land, of the Code of the Town of Martinsburg, unless such lot is included in a plat which has been approved by the Planning Board and filed with the office of the County Clerk, or was exempt from said regulations at the time of filing.
A.
No development permit or certificate of compliance shall be issued
for any use or structure on any lot which does not directly abut a
public or approved private road, as required by Town Law § 280-a.
This abutment shall include at least 15 feet of road frontage suitable
for access by emergency vehicles. Easements may be considered for
access.
B.
No use or structure requiring access to a minimum maintenance road
shall be allowed which would require a change in the maintenance standards
of the road. A special use permit shall be required for all uses and
structures on parcels of land solely abutting a minimum maintenance
road.
A.
No permanent outdoor signs shall consist of lights which flash or
move. General illumination lights are acceptable at any time. Temporary
signs can flash.
B.
No sign shall be higher than the principal building to which it is
accessory except when erected on the roof of the building.
C.
All existing signs at the time this chapter is adopted shall be allowed
to remain as long as they are property maintained and their use remains
current.
D.
No sign shall project into public right-of-way.
E.
One on-site sign is permitted not to exceed 32 square feet per side,
to be illuminated during regular business hours only.
F.
A limited number of off-site directional signs are permitted, not
to exceed 16 square feet per side.
This section is designed to reduce problems caused by inadequate
or poorly designed parking facilities. No permit or approval shall
be issued until the applicant has demonstrated that all uses are provide
with adequate off-road parking for all vehicles parked during typical
peak use periods. Parking should be designed to eliminate the need
to back out onto the public road.
[Amended 8-21-2013 by L.L. No. 2-2013]
Mobile homes shall conform to the requirements of Chapter 145, Mobile Homes, of the Code of the Town of Martinsburg.
A.
Individual travel trailers and converted buses, vans and similar vehicles shall not be occupied on an overnight basis, except in a trailer park which has been approved under § 240-30 of this chapter, or on private land with the consent of the owner for a period not to exceed 30 consecutive days provided all health standards are met.
B.
This shall not be interpreted to prevent parking a travel trailer,
bus, van or similar vehicle on an owner's lot unoccupied for storage
purposes only. Individual travel trailers or vehicles intended to
be used as a dwelling unit shall meet all the applicable portions
of this chapter pertaining to single-family dwellings.
[Amended 8-21-2013 by L.L. No. 3-2013]
On-site sewage disposal systems shall comply with the specifications
and standards set forth in 10 NYCRR 75, Appendix 75-A, entitled "Wastewater
Treatment Standards — Individual Household Systems."
Retail gasoline and diesel outlets shall meet the following
requirements:
A.
A permit for a campground may be granted for two-year periods and
may be renewed at the end of that time. They must meet Chapter I,
Subpart 7-1 of the New York State Sanitary Code.
B.
Garbage disposal must be carried out on a regular basis, such that
it does not constitute a nuisance or health hazard.
A.
A home-based business shall be a nonresidential activity conducted
for financial gain that is clearly incidental and secondary to a residential
use and does not exceed one of the following criteria:[1]
B.
Home-based businesses shall be subject to the following standards:
No junk or solid waste is permitted to be stored unenclosed
in any district except where specifically authorized by this chapter.
Solid waste or junk shall either be disposed of on site by burial
or be transported to a solid waste facility for receiving such junk
and solid waste within 10 days. In no such case shall junk or solid
waste be incinerated without the approval of the Planning Board.
A.
No garbage, rubbish, waste material or trash shall be stored or allowed
to accumulate on the open surface of the ground in any area.
B.
Only junk vehicles and associated equipment may be stored in these
areas.
C.
Such areas shall be at least 200 feet from any highway, lake, stream,
or property line and 500 feet from any neighboring dwelling.
D.
Such areas shall be screened from public view by a hedge or fence.
A.
No person shall mine more than 1,000 tons of material from the earth
within one calendar year without applying for a permit from the Department
of Environmental Conservation, as required by 6 NYCRR 420 through
425.[1]
B.
Access drives within 200 feet of the public road shall be treated
to prevent dust.
D.
Drainage facilities shall minimize erosion and stagnant ponds.
Mobile home parks shall conform to the requirements of Chapter 145, Mobile Homes, of the Code of the Town of Martinsburg.
[Added 5-18-2005 by L.L. No. 3-2005]
A.
With respect to any outdoor furnaces installed, such outdoor furnaces
must be set back a minimum of 50 feet from any property line.
B.
The use of such furnaces must follow all operating instructions supplied
by the manufacturer.
C.
The only fuels allowed shall be those listed fuels recommended by
the manufacturer. The following are prohibited: trash, plastics, gasoline,
rubber, naphtha, household garbage, material treated with petroleum
products (particle board, railroad ties and pressure-treated wood),
leaves, paper products and cardboard.
D.
Users must follow the manufacturer's written instructions for recommended
loading times and amounts.
E.
Lighter fluids, gasoline, or chemicals to start the furnace are prohibited.
F.
The unit must be located with due consideration to the prevailing
wind direction.
G.
Stack
height.
(1)
If located 50 feet or less to any residence not served by the furnace,
it is recommended that the stack be at least two feet higher than
the eave line of the residence.
(2)
If located more than 50 but no more than 100 feet to any residence,
it is recommended that the stack be at least 75% of the height of
the eave line of that residence, plus an additional two feet.
(3)
If located more than 100 feet but no more than 150 feet to any residence,
it is recommended that the stack be at least 50% of the eave line
of that residence, plus an additional two feet.
(4)
If located more than 150 feet but no more than 200 feet to any residence,
it is recommended that the stack be at least 25% of the height of
the eave line of that residence, plus an additional two feet.
[Added 6-15-2005 by L.L. No. 4-2005]
Once a wind-power-generating facility has been erected, property owners may choose to erect structures on adjoining parcels. Such structures may be erected, provided they meet the setback provisions applicable to their zoning district for that type of use. The provisions of § 240-15 of this chapter, regarding wind power overlay districts, regarding setbacks of wind-power-generating structures, is intended to restrict only wind-power-generating structures being erected. Other structures being erected after a wind-power-generating structure is in existence need only meet setbacks otherwise applicable to that district.
[Added 1-21-2009 by L.L. No. 2-2009]
A.
Purpose and intent. The purpose of this article is to provide standards
for small wind energy conversion systems designed for on-site home,
farm, and small commercial use, and that are primarily used to reduce
on-site consumption of utility power. The intent of this article is
to encourage the development of small wind energy systems and to protect
the public health, safety, and community welfare.
B.
Permitted areas.
(1)
Small wind energy conversion systems (small WECS) may be permitted
in any zoning district on a site of at least one acre, upon issuance
of a special use permit. A small WECS shall be set back from all property
lines a distance equal to at least 1.5 times its height.
(2)
Any adjoining property owner within a radius of four times the height
of the proposed small WECS will be required to grant approval for
construction and operation of the turbine.
C.
Applications. Applications for small WECS special use permits shall
include:
(1)
Name, address, telephone number of the applicant. If the applicant
will be represented by an agent, the name, address and telephone number
of the agent as well as an original signature of the applicant authorizing
the agent to represent the applicant.
(2)
Name, address, telephone number of the property owner. If the property
owner is not the applicant, the application shall include a letter
or other written permission signed by the property owner:
(3)
Address of each proposed tower site, including Tax Map section, block
and lot number.
(4)
Site plan of each tower site, including but not limited to showing
the location of the tower in relation to other structures and lot
lines, topography of the site, location of trees and other landscape
elements.
(5)
Ownership and land use information within a five-hundred-foot radius
of the location proposed for each tower.
(6)
Evidence that the proposed tower height does not exceed the height
recommended by the manufacturer or distributor of the system.
(7)
A line drawing of the electrical components of the system in sufficient
detail to allow for a determination that the manner of installation
conforms to the Electric Code.
(8)
Sufficient information demonstrating that the system will be used
primarily to reduce off-site consumption of electricity.
(9)
Written evidence that the electric utility service provider that
serves the proposed site has been informed of the applicant's intent
to install an interconnected customer-owner electricity generator,
unless the applicant does not plan to connect the system to the electricity
grid, and so states so in the application.
D.
Application review process.
(1)
Applicants may request a preapplication meeting with the Town Planning
Board, or with any consultants retained by the Planning Board for
application review. Meetings with the Planning Board shall be conducted
in accordance with the Open Meetings Law.[1]
[1]
Editor's Note: See Art. 7 of the State Public Officers Law.
(2)
Five copies of the application shall be submitted to the Town Clerk.
Payment of all application fees shall be made at the time of application
submission. If any variances are requested, variance application fees
shall be paid at the time of the receipt of the application.
(3)
Town staff or Town-designated consultants shall, within 30 days of
receipt, or such longer time if agreed to by the applicant, determine
if all information required under this article is included in the
application. Unless the Planning Board waives any application requirement,
no application shall be considered until deemed complete.
(4)
If the application is deemed incomplete, the Planning Board or its
designated reviewer shall provide the applicant with a written statement
listing the missing information. No refund of application fees shall
be made, but no additional fees shall be required upon submittal of
the additional information unless the number of small WECS proposed
is increased.
(5)
Upon submission of a complete application, including the grant of
any application waiver by the Planning Board, the Town Clerk shall
transmit the application to the Planning Board.
(6)
The Planning Board shall hold at least one public hearing on the
application. Notice shall be given by first-class mail to property
owners within 1,000 feet of each proposed small WECS and published
in the Town's official newspaper, no less than 10 nor more than 20
days before any hearing, but where any hearing is adjourned by the
Planning Board to hear additional comments, no further publication
or mailing shall be required. The applicant shall prepare and mail
the notice of public hearing prepared by the Planning Board, and shall
submit an affidavit of service. The assessment roll of the Town shall
be used to determine mailing addresses.
(7)
The public hearing may be combined with public hearings on any environmental
impact statement or requested variances.
(8)
Notice of the project shall also be given, when applicable, to the
Lewis County Planning Board, if required by General Municipal Law
§ 239-l and 239-m, and to adjoining towns under Town Law
§ 264.
(9)
SEQRA review. Applications for WECS are deemed unlisted projects
under SEQRA.[2] The Planning Board may conduct its SEQRA review in conjunction
with other agencies, in which case the records of review by said communities
shall be part of the record of the Planning Board's proceedings. The
Planning Board may require an escrow agreement for the engineering
and legal review of the applications and any environmental impact
statements before commencing its review.
[2]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
(10)
Upon receipt of the report of the recommendation of the County
Planning Board, the holding of the public hearing, and the completion
of the SEQRA process, the Planning Board may approve, approve with
conditions, or deny the applications, in accordance with the standards
in this article.
E.
Development standards. All small wind energy systems shall comply
with the following standards. Additionally, such systems shall also
comply with all the requirements established by other sections of
this article that are not in conflict with the requirements contained
in this section.
(1)
A small WECS system shall be located on a lot a minimum of one acre
in size; however, this requirement can be met by multiple owners submitting
a joint application.
(2)
Setback requirements. A small WECS shall not be located closer to
a property line than one and a half times the total height of the
facility.
(3)
Noise. Except during short-term events including utility outages
and severe windstorms, a small WECS shall be designed, installed and
operated so that noise generated by the system shall not exceed ambient
plus five decibels (dBA), as measured at the closest neighboring property
line.
(4)
Small WECS may be used primarily to generate on-site power or to
reduce the off-site supply of electricity.
(5)
Tower height may be allowed to vary, dependent on the technology
employed. However, setbacks from all property lines shall be maintained,
at a minimum, at one and a half times the total height of the tower.
(a)
The allowed height shall be reduced if necessary to comply with
all applicable Federal Aviation Requirements, including Subpart B
(commencing with Section 77.11) of Part 77 of Title 14 of the Code
of Federal Regulations regarding installations close to airports.
(6)
The system's tower and blades shall be painted a nonreflective, unobtrusive
color that blends the system and its components into the surrounding
landscape to the greatest extent possible and incorporate nonreflective
surfaces to minimize any visual disruption.
(7)
The system shall be designed and located in such a manner to minimize
adverse visual impacts from public viewing areas (e.g., public parks,
roads, trails). To the greatest extent feasible, a small wind energy
system shall use natural landforms and vegetation for screening.
(8)
Exterior lighting on any structure associated with the system shall
not be allowed except that which is specifically required by the Federal
Aviation Administration.
(9)
All on-site electrical wires associated with the system shall be
installed underground except for tie-ins to a public utility company
and public utility company transmission poles, towers and lines. This
standard may be modified by the Town if the project terrain is determined
to be unsuitable due to reasons of excessive grading, biological impacts,
or similar factors.
(10)
The system shall be operated such that no disruptive electromagnetic
interference is caused. If it has been demonstrated that a system
is causing harmful interference, the system operator shall promptly
mitigate the harmful interference or cease operation of the system.
(11)
The system shall be operated such that no damage is caused by
stray voltage. If it has been demonstrated that a system is causing
stray voltage, the system operator shall promptly mitigate the damage
or cease operation of the system.
(12)
At least one sign shall be posted on the tower at a height of
five feet warning of electrical shock or high voltage and harm from
revolving machinery. No brand names, logo or advertising shall be
placed or painted on the tower, rotor, generator or tail vane where
it would be visible from the ground, except that a system or tower's
manufacturer's logo may be displayed on a system generator housing
in an unobtrusive manner.
(14)
Anchor points for any guy wires for a system tower shall be
located within the property that the system is located on and not
on or across any aboveground electric transmission or distribution
lines. The point of attachment for the guy wires shall be sheathed
in bright orange or yellow covering from three feet to eight feet
above the ground.
(15)
Construction of on-site access roadways shall be minimized.
Temporary access roads utilized for initial installation shall be
regraded and revegetated to the preexisting natural condition after
completion of installation.
(16)
To prevent harmful wind turbulence from existing structures,
the minimum height of the lowest part of any horizontal axis wind
turbine blade shall be at least 30 feet above the highest structure
or tree within a two-hundred-fifty-foot radius. Modifications of this
standard may be made when the applicant demonstrates that a lower
height will not jeopardize the safety of the wind turbine structure.
(17)
All small wind energy system tower structures shall be designed
and constructed to be in compliance with pertinent provisions of the
Uniform Building Code and National Electric Code.
(18)
All small wind energy systems shall be equipped with manual
and automatic over-speed controls. The conformance of rotor and over-speed
control design and fabrication with good engineering practices shall
be certified by the manufacturer.
(19)
The New York State Department of Agriculture and Markets guidelines
for agricultural mitigation for wind power projects shall be adhered
to both inside and outside of agricultural districts.
F.
Abandonment of use.
(1)
A small WECS which is not used for 12 successive months shall be
deemed abandoned and shall be dismantled and removed from the property
at the expense of the property owner. 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 Town of Martinsburg.
(2)
All small WECS shall be maintained in good condition and in accordance
with all requirements of this section.
[Added 10-21-2009 by L.L. No. 3-2009]
A.
Adult entertainment businesses and uses shall be permitted only in
the Adult Use Overlay District as depicted by the Adult Use Map contained
herein[1] and shall be subject to a special use permit issued by
the Planning Board of the Town of Martinsburg.
[1]
Editor's Note: Said map is on file in the offices of the Town
Clerk.
B.
Adult entertainment uses shall be a minimum of 1,000 feet from schools,
churches, public parks and recreation lands, municipal buildings,
municipal boundary lines and other adult entertainment uses. Measurement
of distances shall be from the property lines of the use except in
the separation from other adult uses, in which case the distance shall
be measured from structure to structure.
C.
In addition to other criteria, the following shall be applied to
any adult entertainment business or use:
(1)
Only one sign shall be visible from the exterior of any building
which is occupied by an adult entertainment use. Any such signs shall
not contain a gross surface area exceeding 32 square feet. No sign
shall consist of any material other than plain lettering. No sign
shall have any photographic or artistic representation whatsoever
thereon.
(2)
All building openings, entries, windows and doors shall be located,
covered or screened in such manner as to prevent a view into the interior
of the building from any public right-of-way or adjacent property.
(3)
No adult use shall be established in any building of which any part
is used for residential purposes.
(4)
No residential use shall be established in any building which any
part is used as an adult establishment.
[Added 11-17-2010 by L.L. No. 4-2010]
Fences may be erected on any lot in any district. With the exception
of fences for an agricultural use, all fences shall be subject to
a special use permit issued for compliance with the following restrictions:
A.
All fences must be on the property of the owner. It is recommended
that a property survey be used to determined fence placement.
B.
Fences cannot extend out to the curbs of streets or beyond the edge
of the Town right-of-way. Fences cannot impede automobile sight distance.
C.
Fences shall be four feet or less in height within 25 feet of any
intersection of any road.
[Amended 8-21-2013 by L.L. No. 2-2013]
D.
Fences shall be placed two feet back from the property line in order
that fence maintenance on both sides of the property line can be performed.
E.
No fence shall exceed six feet in height, except pursuant to site
plan approval. No fence located within the minimum setback shall exceed
four feet in height, or 2 1/2 feet in height within the visibility
triangle of a corner lot.
F.
Fence shall be constructed with good side to neighbor using acceptable
materials.
G.
The Town requires an approved barrier as per New York State Residential
Code for all swimming pools as stated in that code.
[Added 5-18-2016 by L.L.
No. 1-2016]
A.
A land
use permit is required. Rooftop and building-mounted solar collectors
are permitted in all zoning districts in the Town of Martinsburg.
Building permits shall be required for installation of all solar collectors.
Solar collectors will not extend above the ridge and shall be set
back from all roof edges a minimum of 18 inches. It shall extend no
more than 12 inches above the roof surface to which it is affixed
except in the case of flat roofs, which will be reviewed on a case-by-case
basis.
B.
Ground-mounted
and freestanding solar collectors are permitted as accessory structures
in all zoning districts in the Town, subject to the following requirements:
(1)
The location of the solar collector meets all applicable setback
requirements of the zone in which it is located.
(2)
The height of the solar collector and any mounts shall not exceed
20 feet when oriented at maximum tilt.
(3)
A building permit has been obtained for the solar collector.
(4)
All electrical wiring from the array is to be underground as per
the Code.
C.
The
applicant shall demonstrate that the solar collection system will
be minimally visually intrusive to surrounding properties, buildings,
roads, aviation, etc. The equipment shall use, to the extent practical,
materials, colors and textures designed to blend with the structure
to which it is affixed or, if it is not affixed, to harmonize with
the natural surroundings. Equipment shall not be unnecessarily bright,
shiny or reflective.
D.
Where
site plan approval is required elsewhere in this chapter for a development
or activity, the site plan review shall include review of the adequacy,
location, arrangement, size, design, general site compatibility and
environmental impact assessment of proposed solar collectors. Where
a site plan exists, an approved modified site plan shall be required
if there are any proposed changes or additions of solar collectors.
A site plan review is required for all installations of solar energy
equipment on nondwelling lots.
E.
All
solar collector installations must, prior to operation, be inspected
by the Town Code Enforcement Officer and by an appropriate electrical
inspection person or agency, as determined by the Town.
F.
Where
solar energy equipment is to be tied to and operated in parallel with
facilities owned and operated by a public utility, the installation
shall comply with all applicable rules and regulations, Public Service
Law and utility tariffs governing the interconnection. In addition,
copies of any interconnection agreement shall be provided to the Town
Code Enforcement Officer prior to operation.
G.
When
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, they shall be disposed of in accordance
with all applicable laws and regulations. Notification of the installation
and/or removal of solar storage batteries shall be made to the fire
department responsible for response to the location where the batteries
are installed.
H.
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 and facilities no later
than 90 days after the end of the twelve-month period. The Town retains
the option to require a bond be obtained to cover the future removal
of the facility.
[Added 3-18-2020 by L.L.
No. 1-2020]
A.
Purpose.
The purpose of this section is to provide for the reasonable use of
recreational, agricultural and forestry properties which are accessed
solely by minimum-maintenance roads. This section allows for the reasonable
use of such lands for seasonal uses without the prohibitively expensive
public cost of providing for wheeled vehicular access through the
snowplowing and winter maintenance of minimum-maintenance roads.
B.
Seasonal
use classification is a use classification in addition to the use
classifications otherwise discussed or defined in this chapter. Application
for seasonal use classification may be made for any use which intends
to have its principal access to a minimum-maintenance road.
C.
For
a use to be established with its principal access to a minimum-maintenance
road, it must also be classified as a seasonal use.
D.
Where
a use has access to both a minimum-maintenance road and to a non-minimum-maintenance
road, such use shall have its principal access to the non-minimum-maintenance
road unless classified as a seasonal use.
