Town of Milton, NY
Saratoga County
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Table of Contents
Table of Contents
The following supplementary regulations are applicable to all zoning districts within the Town of Milton unless otherwise provided herein.
No use shall be permitted that does not conform to the following standards of use, occupancy and operation, in addition to all relevant provisions or other local, state and federal laws, rules or regulations.
A. 
Noise.
(1) 
No person shall operate or cause to be operated any source of sound in such a manner as to create a sound level which exceeds the limits set forth for the receiving land use category stated below when measured at or within the property boundary of the receiving land use:
Receiving Land Use Category
Sound Level Limit
(dBa)
Residential zones (R1, R2, MU, H1 and H2)
55
Commercial zones (TC, CT, and A)
62
(2) 
For any source of sound which emits a pure tone, a discrete tone or an impulsive sound, the maximum sound limits set forth above shall be reduced by five dBa.
B. 
Atmospheric effluence. No dust, dirt, smoke, odor or noxious gases that would not normally be associated with a residential or agricultural premises shall be disseminated beyond the boundaries or the lot where such use is located.
C. 
Glare and heat. No unreasonable glare or heat shall be produced that is perceptible beyond the boundaries of the lot on which such use is situated. Special efforts shall be required, such as the planting of vegetation and the installation of light shields, to alleviate the impact of objectionable or offensive light and glare produced by exterior sources on neighboring residential properties or public thoroughfares.
D. 
Industrial wastes. No solid or liquid wastes shall be discharged into any public sewer, common or private sewage disposal system, stream or into the ground, except in strict conformance with the standards approved by the New York State Departments of Health and Environmental Conservation or other duly empowered agency.
E. 
Radioactivity or electromagnetic disturbance. No activities shall be permitted which emit dangerous radioactivity beyond the building in which such activity is located or electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance.
F. 
Fire and explosion hazards. All activities involving and all storage of flammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and with adequate fire-fighting and fire-suppression equipment and devices standard in the industry. All applicable requirements of the New York State Uniform Fire Prevention and Building Code, as well as the provisions of the National Fire Protection Association (NFPA) Code, shall be fully observed.
G. 
Maintenance of developed lots. All open portions of any developed lot shall have adequate grading and drainage and shall be continuously maintained in a dust-free and erosion-resistant condition by suitable landscaping with trees, shrubs, grasses or other planted ground cover or by paving with asphalt, concrete, washed stone or other suitable material. Required yard areas shall be planned and maintained in such a manner as to provide an inoffensive setting which is consistent with the general use of the area.
H. 
Commercial vehicles.
(1) 
Vehicles exceeding 9,000 pounds loaded or unloaded shall not be kept in any residential district unless the vehicle is stored in a fully enclosed building which meets the other provisions of this chapter.
(2) 
Vehicles designed for the transport or storage of flammable materials, explosive materials or pesticides, including chemical fertilizers, shall not be kept on residential lots longer than necessary for the delivery or application of the commercial service.
I. 
All excavation undertaken for any reason must employ best management practices to prevent stormwater runoff.
In all districts, at the time any new building or structure is erected or any existing building or structure is subject to a substantial alteration or a change in use, off-street parking and loading space shall be provided in accordance with the minimum standards set forth below.
A. 
In the Town Center (TC) District, the Town finds that large and highly visible parking areas will interfere with pedestrian accessibility and reduce the quality of life. The Town also finds that excessive parking requirements can prevent desirable enterprises from locating in the Town Center where the provision of the off-street parking required by a code based on type and square footage a businesses will hinder the goals of the Town's Comprehensive Plan or contradict the Town of Milton Town Center Design Guidelines. However, the Town also recognizes that inadequate parking can diminish quality of life by creating traffic congestion, safety hazards and inconvenience. In order to balance the need for adequate parking with the need to minimize harm resulting from requiring excessive parking within the Town Center, the off-street parking requirements for nonresidential uses shall be established by the Planning Board on a case-by-case basis in the course of reviewing applications for site plan and special permit approvals. The number and layout of parking spaces shall be based on the need to protect public safety and convenience while incorporating the guidelines provided by the Town of Milton Town Center Design Guidelines. Since businesses vary widely in their need for off-street parking, it is most appropriate to establish parking requirements based on the specific operational characteristics of the proposed use. In determining the parking requirements for any proposed use in the Town Center, the Board shall also consider:
(1) 
The maximum number of persons who would be driving to the use as employees, customers, clients, members, students or other users at times of peak usage. Parking spaces shall be sufficient to satisfy 85% of the anticipated peak demand.
(2) 
The size of the structure(s) and the site.
(3) 
The scenic or historic sensitivity of the site.
(4) 
The availability of safely usable on-street parking.
(5) 
The availability of off-site off-street parking within 400 feet that is open to the public, owned or controlled by the applicant or available on a shared-use basis, provided that the applicant dedicates needed off-site land for public parking or demonstrates a deeded right to shared use.
(6) 
The availability and practicality of off-site off-street parking provided by a shuttle service or other public transportation.
(7) 
Standards used in generally accepted traffic engineering and planning manuals; however, such standards shall be used as a guide only and should be viewed as likely to require excessive numbers of parking spaces.
B. 
Required number of off-street parking spaces in all other districts except the Town Center.
(1) 
The minimum number of off-street parking spaces stated below shall be required in addition to one off-street parking space for each company vehicle associated with commercial, business or light industrial uses.
Off Street Parking
Use
Number of Spaces
Residential uses
1-family, 2-family or multifamily dwellings
2 per dwelling unit
General uses
Membership clubs, public buildings and religious institutions
1 per 4 seats or 60 square feet
Hospital
1 for each two beds
Private school
1 per 12 classroom seats
Cultural facilities
1 for each 400 square feet of gross floor area
Daycare facility
1 per 3 children, plus 1 per employee
Business uses
Bar and/or restaurant
1 per 3 seats or per 50 square feet of service area
Commercial recreation
4 per alley, tee, court, table or similar measure or 1 space per 200 square feet of such use, which- ever is greater
Gasoline service station
At least 10, plus 1 per employee
General office
1 per 150 square feet of office floor area for first 1,500 square feet and 1 space per 250 square feet thereafter
Hotel
1 per guest room, plus necessary spaces for employees
Retail business
1 per 175 square feet of retail/service floor area
Light industrial uses
1 per employee on the largest shift, plus necessary spaces for visitors and company vehicles
(2) 
For uses not specifically listed, the requirement shall be the same as for the most similar use listed, as determined by the Planning Board at the time of special permit and/or site plan reviews as provided for in Articles VII and VIII, respectively, of this chapter.
(3) 
In the case of a combination of uses on a single parcel, the requirement for off-street parking spaces shall be the sum of the requirements for the various individual uses, unless it can be established by the applicant, to the satisfaction of the Planning Board, that staggered hours of use would permit reduction of this requirement.
C. 
Design standards for off-street parking spaces.
(1) 
Areas which may be considered as meeting off-street parking space requirements may include a garage, carport or other properly developed areas available for parking but shall not include a public street.
(2) 
No parking area shall encroach on any portion of a required front yard or within 25 feet of any public right-of-way, whichever shall be the less restrictive. Open parking may, however, encroach on a required side or rear yard to within five feet of a property line, except that if parking associated with a nonresidential use is abutting an existing residential use or a residential district, a minimum 15 feet of separation shall be maintained.
(3) 
In any residential district, required parking spaces shall be fully provided in the side or rear yard of the same lot and shall not encroach on any required front yards.
(4) 
In all districts, each parking space provided shall be at least nine feet wide and 18 feet in length. Each space shall have direct and usable driveway access to a street and adequate maneuvering area between spaces in accordance with proper site engineering standards, including the following:
(a) 
Parallel curb parking: end-to-end measurement of 24 feet with twelve-foot aisle width for one-directional flow and twenty-four-foot aisle width for two-directional flow.
(b) 
Thirty-degree parking: thirteen-foot aisle width for one-directional flow and twenty-six-foot aisle for two-directional flow.
(c) 
Forty-five degree parking: sixteen-foot aisle width for one-directional flow and twenty-six-foot aisle width for two-directional flow.
(d) 
Sixty-degree parking: twenty-one-foot aisle width for one-directional flow and twenty-six-foot aisle width for two-directional flow.
(e) 
Perpendicular parking: twenty-six-foot aisle width for one-directional and two-directional flow.
(5) 
All parking areas shall be suitably drained, graded, surfaced and maintained. Except for one- or two-family dwellings, parking lot surfacing requirements shall be established by the Planning Board under site plan review, as provided for in Article VIII of this chapter, with particular consideration given to the number of vehicles accommodated and the proposed intensity and season(s) of use. All paved parking areas shall be suitably marked to indicate individual parking spaces, maneuvering areas, entrances and exits.
D. 
Required off-street loading berths. Off-street loading which is designed logically, conveniently located for bulk pickups and deliveries, scaled to anticipated delivery vehicles and accessible to said vehicles when required off-street parking spaces are filled shall be considered for all commercial and light industrial uses and provided as deemed necessary by the Planning Board during site plan review in accordance with Article VIII of this chapter.
Purpose and intent. The purpose of this sectoin is to promote and protect the public health, welfare and safety by regulating signs of all types within the Town. It is recognized that signs serve a vital; communicative function by allowing residents and visitors to readily ascertain the availability and function of facilities that serve their needs. It is the purpose of this code to optimize the communicative value of signs within the landscape by providing an orderly and equitable means for their establishment, protect property values while establishing an attractive economic and business climate, prevent confusion with regard to traffic safety and preserve the scenic and natural beauty of the community.
A. 
General standards: No sign permitted, temporary or directional, shall be erected, relocated or maintained in any zoning district except in accordance with the provisions stated herein:
(1) 
At all times, sign(s) must be maintained in a proper state of repair in full compliance with New York State Uniform Fire Prevention and Building Code, Electrical Code and reasonable property maintenance standards. When any sign becomes insecure or is deemed unsafe by the Code Enforcement Official, or if any sign shall be unlawfully installed, erected or maintained in violation of any of the provisions of this chapter, the owner thereof shall upon written notice forthwith and in any case not more than 10 days make such sign conform to the provisions of this chapter, or shall remove it. If within 10 days the order is not complied with, the Code Enforcement Official may remove or cause such sign to be removed at the expense of the owner and/or user of the sign.
(2) 
No signs shall attempt or appear to regulate, warn or direct highway traffic or to imitate or resemble official traffic signs, signals or devices.
(3) 
No sign or sign structure shall be erected at the intersection of any street in such a manner as to obstruct free and clear vision, nor at any location where by its position, shape or color it may interfere with or obstruct the view of or be confused with any authorized traffic sign, signal or device.
(4) 
No sign shall project over property lines or be located within public right-of-way. Signs projecting over walkways must be at a minimum clearance of 10 feet from grade. Signs, architectural projections or sign structures projecting over vehicular access areas must conform to clearance limitations imposed by the Town.
(5) 
Animated signs are permitted in CT, TC and A Zones only. Changeable signs are permitted in CT, TC and A Zones as well as for permitted on-residential uses located in R1, R2, H1, H2 and MU Zones.
(6) 
Any sign legally existing at the time of the passage of this chapter that does not conform in use location, height or size with the regulations shall be considered a nonconforming use any may continue in such status until such time as it is either abandoned or removed by its owner or agent. Any structural changes to the sign(s) will require compliance with § 180-68 of this code.
(7) 
Temporary signs, unless otherwise regulated by specific provisions of this chapter, shall be subject to the following regulations:
(a) 
Except for those temporary signs whose time of display is specifically addressed elsewhere in this chapter, no temporary sign or banner shall be permitted to be displayed for a period on excess of 90 days in any one period of 365.
(b) 
Except for those temporary signs whose size is specifically addressed elsewhere in this chapter, the size of any temporary sign shall not exceed the size permitted for any permanent sign of like configuration or type in a given zone.
(c) 
Any temporary sign which is electrically energized or that contains any electrical device must conform to the same requirements that relate tot permanent electric signs under this chapter.
B. 
Exempt signs (requiring no permit):
(1) 
Historical markers, tablets, statues, memorial signs and plaques, names of buildings and dates of erection when cut into any masonry surface or when constructed of bronze, stainless steel or similar material; and emblems installed by governmental agencies, religious or nonprofit organizations; not exceeding six square feet.
(2) 
Flags and insignia of any government.
(3) 
On-premises directional signs for the convenience of the general public, identifying parking areas, fire zones, entrances and exits and similar signs, not exceeding four square feet in face area and no more than six feet in height above finished grade. Wall-mounted directories of building tenants not to exceed six square feet.
(4) 
Nonilluminated warning, private drive, posted or no trespassing signs not exceeding two square feet per face.
(5) 
Address numbers: for structures in residential districts, a sign no to exceed 1 1/2 square feet in area mounted on the house or mailbox. For structures in a nonresidential district, a sign identifying only the street name and number not exceeding four square feet when placed on a building or 1 1/2 square feet when placed on a mailbox.
(6) 
The following temporary signs are permitted without application for and issuance of a permit:
(a) 
Construction signs, limited to one unlighted sign not to exceed 32 square feet in surface area and identifying the parties involved in the construction on the premises, but not including the advertisement of any product. Such signs shall be removed prior to the issuance of a certificate of occupancy.
(b) 
Event signs, not exceeding 32 square feet in surface area, displayed on private property and limited to one such event sign per premises. Event signs, including political signs, may announce a campaign, drive or event of a political, civic, philanthropic, educational or religious organization and are to be removed within five days after the event.
(c) 
Real estate signs, located on the premises for sale or lease, not exceeding four square feet per side in a residential zone or 10 square feet per side in any commercial zone. All such signs shall be removed immediately upon sale or lease of the property.
C. 
Permitted signs. Upon filing of an application and payment of the required sign permit fee, in accordance with a schedule established and reviewed annually by the Town Board, and the issuance or a sign permit by the Code Enforcement Official the following signs shall be permitted in accordance with the identified standards related to number, size and location:
(1) 
For permitted home occupations in all districts, a single sign not exceeding four square feet in total surface area and identifying the occupation conducted on the premises. Unless attached to the principal structure, no such sign shall be located closer than 10 feet to the front property line nor closer than 20 feet to any other property line.
(2) 
For nonresidential uses within the R1, R2 and MU Districts, where the speed limit is less than 45 mph a single freestanding sign not exceeding 12 square feet in surface area per side is allowed per street frontage and shall not extend into the front right-of-way. A second freestanding sign is allowed when a parcel has two street frontages and a second entrance, in which case a freestanding sign may be located at the second entrance. Where the speed limit is over 45 mph, a single freestanding sign not exceeding 20 square feet in surface area is allowed per street frontage. A second freestanding sign is allowed when a parcel has two street frontages and a second entrance, in which case a freestanding sign may be located at the second entrance. Freestanding signs shall not exceed 10 feet in height above finished grade and cannot be closer than 20 feet to any side property line and shall not extend into the front right-of-way. One wall sign not exceeding 10% of the area of the facade upon which it is placed up to a maximum of 20 square feet is also allowed per street frontage. Within a business complex (shopping center, strip mall or other) each tenant or owner is allowed a wall sign not exceeding 10% of the facade separately leased or owned, up to a maximum of 20 square feet.
(3) 
For nonresidential uses within the TC, CT and A Districts, where the speed limit is less than 45 mph, one freestanding sign, not exceeding 40 square feet is allowed per street frontage and shall not extend into the front right-of-way. A second freestanding sign is allowed when a parcel has two street frontages and second entrance, in which case a freestanding sign may be located at the second entrance. In locations where the speed limit is 45 mph or greater, one freestanding sign not exceeding 75 square feet is allowed per street frontage. A second freestanding sign is allowed when a parcel has two street frontages and a second entrance, in which case freestanding signs may be located at the second entrance. Freestanding signs shall not exceed 20 feet in height above finished grade and cannot be closer than 20 feet to any side property line and shall not extend into the front right-of-way. One wall sign not exceeding 15% of the area of the facade upon which it is placed or a maximum of 150 square feet shall be allowed per street frontage. Within a business complex (shopping center, strip mall or other) each tenant or owner is allowed a wall sign not exceeding 15% of the facade separately leased or owned, up to a maximum of 150 square feet.
(4) 
For nonresidential uses within H1 and H2 Districts, where the speed limit is less than 45 mph, one freestanding sign, not exceeding 20 square feet, is allowed per street frontage. A second freestanding sign is allowed when a parcel has two street frontages and a second entrance, in which case a freestanding sign may be located at the second entrance. In locations where the speed limit is 45 mph or greater, one freestanding sign not exceeding 32 square feet is allowed per street frontage. A second freestanding sign is allowed when a parcel has two street frontages and a second entrance, in which case a freestanding sign may be located at the second entrance. Freestanding signs shall not exceed 15 feet in height from finished grade and be no closer than 20 feet to any side property line and shall not extend into the front right-of-way. One wall sign not exceeding 15% of the FACADE on which it is placed or a maximum of 100 square feet shall be allowed per street frontage. Within a business complex (shopping center, strip mall or other) each tenant or owner is allowed a wall sign not exceeding 15% of the facade up to a maximum of 100 square feet.
(5) 
Canopy signs and awning signs are considered as part of the square footage limitations for wall signs in a given zone. A business may have both a wall sign and an awning/canopy sign but the total sign area may not exceed the allowable size for the wall. Text on awnings or canopies shall be limited to legal name and/or primary service or product.
(6) 
Off-premises signs. Businesses and public destinations relating to, but isolated from primary routes of travel shall be permitted a maximum of two directional signs as a special permit use, subject to the provisions of Article VII of this chapter, the issuance of a sign permit and the following additional requirements. Specifications for these "trailblazer" wayfinding signs are designed to conform to the NYS Department of Transportation standards of signs used on NYS highways for the same purpose and are available from the Building Department. Installation of these signs in the public right-of-way requires approval from the governing state, county or Town highway official.
(a) 
In locations with more that one approved "trailblazer" directional sign, all such signs shall be affixed to a common standard so as to present a neat and orderly appearance.
(b) 
No other off-premises signs are permitted.
D. 
Temporary signs. Signs which advertise or display short-term message (i.e., GRAND OPENING, UNDER NEW MANAGEMENT, HOLIDAY SALE) are permitted to be displayed for a period of up to 12 consecutive calendar days with the following provisions:
(1) 
All regulations as listed in the general standards section shall also apply to temporary signs. No temporary sign shall be larger than the dimension allowed for a permanent sign of the same type, in a given zone.
(2) 
The following temporary signs are prohibited:
(a) 
A-frame style or sandwich boards signs.
(b) 
Signs mounted on trailers or other portable devices.
(3) 
Types of temporary signs allowed:
(a) 
Temporary wall signs.
(b) 
Temporary freestanding signs.
A. 
In the R1, R2, TC, MU, CT, H1 and H2 Districts, fences and walls shall not exceed six feet in height when erected in a required side or rear yard nor exceed four feet in height when erected within 25 feet of the front lot line or highway right-of-way, except agricultural fencing which may be eight feet in height.
B. 
In the Airport (A) District, fences and walls shall not exceed eight feet in height, except that on a residential district boundary line such fences or walls shall be limited to six feet in height.
C. 
In any district, all such fences and walls shall additionally conform to the requirements of § 180-16B as it pertains to corner lots where special sight clearance considerations are necessary to protect traffic safety.
D. 
The use of barb wire shall be prohibited in all districts, except for agriculture uses and where deemed permitted necessary for security or public safety.
Except as provided in § 180-42L, Mining, nothing contained herein shall prohibit the excavation of sand, gravel, shale, topsoil or similar material from a lot preparatory to construction of a building for which a building permit has been issued or to move such material from one part of a premises to another part of the same premises when such excavation or removal is clearly incidental to the approved building construction and/or site development and necessary for improving the property for a use permitted in the zoning district in which the property is located. No such material may, however, be sold for export from the site. Provision shall be made to restore an effective cover crop to any area of land from which topsoil has been removed or covered within the first growing season following the start of such operation.
The purpose of this district is to acknowledge the unique aspects of the Saratoga County Airport and to encourage compatible land uses adjacent to the airport for the purposes of promoting the public health, safety, and general welfare of the residents and aviation users.
A. 
All new construction, improvement or substantial alterations in the RPZ Overlay shall be subject to site plan review.
B. 
Use limitations. In addition to the use limitations and regulations for the zoning district over which the Runway Protection Zone Overlay District is located, the following use limitations shall apply:
(1) 
No use, building or structure shall be permitted or constructed within the Runway Protection Zone except accessory activities such as off-street parking facilities, landscaping and agricultural storage buildings. Golf courses are a permitted activity if a wildlife hazard assessment determines that it will not provide an environment attractive to birds.
(2) 
No single-family and two-family dwelling unit structures shall be located on the parcel within the RPZ boundary.
(3) 
No use, building or structure shall be permitted that promotes large concentrations or bulk storage of flammable substances or materials.
(4) 
The public assembly of people and other uses or activities that allow public concentration of people such as multifamily dwellings, hospitals, schools, theaters, office buildings, shopping centers, restaurants and manufacturing facilities shall be prohibited.
C. 
Uses lawfully permitted and established prior to the adoption of the Runway Protection Zone Overlay District may be maintained, repaired or reconstructed in accordance with the provisions of Article X of this chapter.
D. 
Site plan requirements.
(1) 
The site plan review standards outlined in § 180-53C associated with the Federal Aviation Administrations Part 77 Surfaces guidelines shall apply to all development in this overlay district.
(2) 
An applicant for a building, structure, use, subdivision, site plan, or other development activity shall submit the following information in addition to the application materials as set forth in the Town's zoning, subdivision and site planning review requirements:
(a) 
The site plan shall clearly delineate the location of the proposed project in relation to the Runway Protection Zone.
(b) 
The location and height of all proposed buildings, structures and natural vegetation as measured from the airport surface shall be identified.
E. 
Notification procedures. Any subdivision of land located wholly or partially within this delineated boundary shall have a fair disclosure agreement and covenant recorded with the subdivision stating that the property, or a portion thereof, is located in an area where a variety of aviation activity occurs. Such activities may include but are not limited to noise, vibration, hours of operation and other associated activities. As a condition of approval, the owner would be required to notify prospective buyers about the presence of the airport.
A. 
The Town of Milton finds that special protection of the shorelines of its streams, wetlands and flood zones is necessary to preserve their scenic character and water quality, remaining and existing historic mill site structures and equipment, as well as reducing the risk of damage from flooding. Within the Stream Corridor Overlay District and within 150 feet of the center line of any Department of Environmental Conservation (DEC) classified stream or federal or state classified wetland and flood zones, the underlying land use district rules shall remain in effect, except as modified below in this section.
[Amended 10-1-2014 by L.L. No. 2-2014]
B. 
In addition to the requirements of this chapter, applicants shall comply with all requirements of the New York State Department of Environmental Conservation and the United States Army Corps of Engineers.
(1) 
All development in excess of 200 square feet or clear cutting of more than 5,000 square feet of vegetation over a five-year period, or grading or other alteration of more than 5,000 square feet of the natural landscape within any one-year period shall require a special use permit as provided by Article VII of this chapter. This requirement shall not apply to permitted agricultural uses or to the repair and maintenance of existing structures existing at the time of adoption of this chapter. Further, any demolition or altering of remaining historic mill site structures and equipment along the stream corridor shall require a review and recommendation by an Historic Structures and Places Review Panel and shall also require a special use permit as provided by Article VII of this chapter.
(2) 
The Planning Board may grant such approval only if it finds that the proposed activity:
(a) 
Will not result in degradation of scenic character or the compromising of an historic and/or cultural resource except for documented safety issues with pictures and measured drawings of such resource provided for the Historian's Office, and will be aesthetically compatible with its surroundings.
(b) 
Will not result in erosion or stream or lake pollution from surface or subsurface runoff. In making such determination, the Planning Board shall consider slopes, drainage patterns, water entry points, soil erosivity, depth to bedrock and high water table, historic significance and other relevant factors.
(c) 
Will employ the best management practices (BMPs) available.
(3) 
Shoreline structures and setbacks.
(a) 
No structure or improvement other than a stationary dock, which shall not be anchored to an existing or remaining historic mill structure or equipment, shall be built or expanded within 150 feet of the center line or within the one-hundred-year floodplain.
[Amended 10-1-2014 by L.L. No. 2-2014]
(b) 
No expansion of existing residences located within 150 feet of the center line shall be permitted.
[Amended 10-1-2014 by L.L. No. 2-2014]
(c) 
All stationary docks shall be constructed with a minimum side setback of 20 feet from the adjacent property line.
(d) 
Stationary docks shall be constructed to withstand the forces of flowing water, wave washes and ice.
(e) 
No stationary dock shall be constructed or placed in a manner that will interfere with normal navigation or access to adjacent land or docks.
(f) 
No change of grade shall be permitted within 150 feet of the center line without site plan approval, including a stabilization and planting plan.
[Amended 10-1-2014 by L.L. No. 2-2014]
(g) 
All public utilities and facilities shall be located and constructed to minimize or eliminate potential flood damage.
(h) 
No storage of materials or equipment that are buoyant, flammable, explosive or could otherwise be injurious to human, animal or plant life shall be permitted.
(4) 
Removal of vegetation.
(a) 
The removal of vegetation, including trees, shall be permitted only if the following standards are met:
[1] 
Within 150 feet of the center line: not more than 30% of the trees in excess of six inches diameter at breast height existing at any time may be cut over any ten-year period; and
[Amended 10-1-2014 by L.L. No. 2-2014]
[2] 
Within 10 feet of the shoreline the shorefront may be cleared of vegetation on any individual lot following the guidelines below.
Minimum Shoreline
(feet)
Clearing Percentage*
Maximum Clearing Allowed*
(feet)
100 to 300
20%
60
301 to 600
15%
90
601 to 1,000
12%
120
1,001+
10%
200
*
The amount of shoreline which can be cleared within the above parameters is contingent upon the stream configuration and the considerations noted in above sections § 180-29B(2)(a) through (c).
(b) 
The above cutting standards shall not prevent the removal of diseased vegetation or of rotten or damaged trees or of other vegetation that presents safety or health hazards.
(5) 
Plans shall be submitted showing such information as may be necessary to determine the suitability of the particular site for the proposed development or use, which information shall include but not be limited to the following:
(a) 
The location of the lot or construction site in relation to affected watercourses or other bodies of water, boundaries of the Stream Corridor Overlay District, topography of the site with elevations in relation to mean sea level, existing and proposed buildings and other structures, existing or remaining historic mill structures or equipment, fill, drainage facilities and the location and description of any materials proposed to be stored within the SC-O District on either a permanent or temporary basis incidental with the proposed project.
(b) 
Elevation in relation to mean sea level of the lowest floor, including basement, of all existing and proposed structures.
(c) 
A description of the extent to which any watercourse will be altered or relocated as a result of the proposed development.
(d) 
All applications for the construction of waterfront structures shall be accompanied by a certificate acceptable to the reviewing board or official that all materials to be used in such construction are free of leachable toxic substances. Pressure treated lumber shall be deemed to be free of leachable toxic substances.
The Town of Milton finds that conventional subdivision of land in the Town encourages development patterns that are detrimental to Milton's rural character. The purpose of the open space incentive option is to allow future subdivision in the Town of Milton to be creatively designed so that new homes are located in the landscape in a way that protects the rural character of Milton and its historic structures and places. The Town of Milton's Rural Development Design Guidelines (Appendix B[1]) shall be used to assist the Planning Board and the applicant in understanding appropriate open space incentive subdivision design. The open space incentive option provides the Planning Board with the ability to increase the maximum density of the R2 Zoning District in return for permanent open space protection, allowing the protection of the rural landscape and natural resources and historic and/or cultural resources.
A. 
Site capacity.
(1) 
Under the open space incentive option, the maximum density for the R2 Zoning District remains 0.2 dwelling units (du's) per acre -- the equivalent of one house per five acres of land. The Planning Board may grant a density bonus of up to 50% above the maximum density (in terms of the number of dwelling units) as long as a minimum of 50% of the original land becomes permanently protected open space, including historic and/or cultural resources.
(2) 
To calculate the potential number of residential lots which may be allowed under the incentive option, first multiply the total number of acres of unconstrained land in the original parcel by the maximum number of dwelling units per acre allowed in the R2 District. For example, if you have 50 acres of unconstrained land, multiply 50 by 0.2. The result is 10 dwelling units. The Planning Board may then grant up to 50% bonus (in terms of the number of dwelling units) in addition to the original 10 units. In this case, 50% of 10 units equals five additional units. NOTE: When this calculation results in a fraction, the number shall be rounded down to the nearest whole number, for example, 50% of 9 = 4.5, however for this purpose the result shall be four additional units. The potential number of dwelling units that may be permitted by the Planning Board is now 15 as long as a minimum of 25 acres (50% of the original parcel) remains permanently protected open space including historic and/or cultural resources.
[Amended 10-1-2014 by L.L. No. 2-2014]
(3) 
For the purposes of determining potential density, the parcel shall be restricted by the site's topographic, geologic, and hydrological characteristics, and it may not include areas subject to flooding or comprised of designated wetlands, ponds, streams, or steep slopes.
[Amended 10-1-2014 by L.L. No. 2-2014]
(4) 
This maximum number of permissible dwelling units shall be the number of potential dwelling units that meet the requirements specified within the § 180-86, District Schedule of Area and Bulk Regulations, for the R2os District and the requirements of Chapter 154, Subdivision of Land, for the provision of streets and other required facilities and improvements. The number of permissible dwelling units may be fewer than the number of potential dwelling units.
(5) 
The final plat, submitted for approval to the Planning Board, shall bear the following notation: "This plat was created under the open space incentive option of the Town of Milton Zoning Code, and any further subdivision of these lots is hereby prohibited."
B. 
Parcels in the R2 District consisting of 10 acres or more may be eligible for the open space incentive density bonus assuming the applicant meets the following conditions and limitations to the Planning Board's satisfaction:
(1) 
Selection of permanent conservation area.
(a) 
Conservation of important natural, historic and/or cultural and scenic resources shall be the starting point for the design of subdivisions using the open space incentive option. Protection of wetlands, floodplains, steep slopes and streams as described in § 180-22 shall be the guiding principle in designating a subdivision's conservation area. Additional lands and historic and/or cultural sites and places that contribute to the unique character of the parcel to be subdivided may also be included in the subdivision's conservation area. A minimum of 50% of the original parcel shall be designated for permanent conservation.
(b) 
The selection of land to be designated as the conservation area shall be made by the applicant and the Planning Board during sketch plat review.
(c) 
The land ultimately designated for conservation shall be subject to the approval of the Planning Board.
(d) 
The Planning Board and the applicant shall use the Rural Development Design Guidelines (Appendix B[2]) to identify appropriate conservation lands. The Planning Board shall make its decision based upon consideration of the Rural Development Design Guidelines (Appendix B) and on the Town's desire to conserve its important open space and historic and/or cultural resources, including, but not limited to:
[1] 
Existing farms.
[2] 
Land suitable for agricultural use.
[3] 
Land for recreational uses including potential trail linkages to adjoining lands.
[4] 
Environmentally sensitive lands.
[5] 
Lands that are inappropriate for development.
[6] 
Lands that adjoin other conservation lands and larger tracts of land which have the potential to create continuous networks of open space.
[7] 
Rural character of the surrounding area.
[8] 
Scenic rural roads and views.
[9] 
Historic and cultural resources such as but not limited to, existing and remaining mill site structures and equipment, district schools, churches, homesteads, farmsteads, cemeteries, early industries, businesses and stores and community organizations.
[2]
Editor's Note: The guidelines are included at the end of this chapter.
(e) 
Land designated as conservation shall be limited to the following uses:
[1] 
Farm operation land. Farm operation land, for the purposes of this section, shall not include agricultural buildings except fences.
[2] 
Public open space.
[3] 
Private open space.
[4] 
Forestry or forest farming operations with an approved management plan that is on file with the Town Clerk.
(2) 
Selection of development area shall not be based on the destruction or demolition of any historic and/or cultural resources as determined by an Historic Structures and Places Review Commission except for documented safety issues with pictures and measured drawings submitted to the Historian's Office.
(a) 
Once land designated for conservation has been selected, the land within a parcel to be designated for development shall be selected by the applicant and the Planning Board during sketch plat review.
(b) 
The Rural Development Design Guidelines (Appendix B[3]) shall be used to assist the Planning Board and the applicant in identifying appropriate lands for development on the site.
[3]
Editor's Note: The guidelines are included at the end of this chapter.
(c) 
The land designated for development shall be subject to the approval of the Planning Board. The Planning Board shall make its decision based upon consideration of the Rural Development Design Guidelines (Appendix B) and based on the Town's desire to:
[1] 
Avoid locating buildings in open fields. Preference will be to locate structures at the edges of fields along more heavily vegetated areas.
[2] 
Site buildings so that they do not protrude above treetops and the crestlines of hills. Buildings shall be sited so as to use existing vegetation to buffer the view of new structures from preexisting public places and roads.
[3] 
Retain and reuse existing farm roads and country lanes instead of constructing new roads or driveways.
[4] 
Minimize clearing of vegetation at the edge of existing roads, clearing only as much as necessary to create a driveway entrance with adequate sight distance.
[5] 
Minimize the disturbance of natural features of the landscape.
[6] 
Minimize the number of curb cuts on existing Town, county and state roads.
[7] 
Use curves in the driveway and new roads to increase the screening of buildings.
[8] 
Consider the potential impact of new homes on existing neighbors when new structures are located.
[9] 
Avoid locating new homes near existing farms and farmlands.
[10] 
Build new homes only on lands that are most suitable for development and associated wells and septic systems.
C. 
Conservation lands.
(1) 
Conservation lands may be held in private ownership, by a land trust or, if proposed for public ownership, shall be dedicated to the Town of Milton, Saratoga County, or the State of New York.
(2) 
Conservation areas in private ownership.
(a) 
Where conservation lands result from the application of open space incentive zoning requirements, or are otherwise existing, and which are not dedicated to the Town, they shall be described in an appropriate recordable instrument (a conservation easement) executed by the owner and delivered to the Town of Milton. The Town of Milton shall not grant final approval for any development under this section until the recordable instrument is received by the Town.
(b) 
If the Town so requests, it shall be named, on all such conservation easements, as either a coholder of the easement or a third party enforcer.
(c) 
The aforesaid conservation easement shall be created in accordance with Title 3, Article 49 of the New York Environmental Conservation Law, § 49-0301, Declarations of Policy and Statement of Purpose, et seq.
(d) 
Conservation lands shall also be so designated on the Official Map of the Town of Milton.
(e) 
Where the conservation land is contained in a separate individual parcel or parcels, which is owned jointly by two or more private owners, a provision shall be made for a homeowners' association or a similar mechanism for the long-term stewardship of the conservation land.
[1]
Editor's Note: The guidelines are included at the end of this chapter.
A. 
A home occupation may only be conducted within a dwelling which is a bona fide residence of the principal practitioner of the occupation or in an accessory building thereto which is normally associated with the residential use. For purposes of this chapter, a home occupation occurring fully within the dwelling unit shall be considered a permitted Class 1 home occupation; those home occupations occurring wholly or partially in an accessory building shall be considered Class 2 home occupations which may only be authorized by special use permit in accordance with Article VII of this chapter.
B. 
The business use of residential property shall be allowed when the business activity will be compatible with the other uses allowed pursuant to the District Schedule of Use Regulations, § 180-87 and when such use will maintain the character of the neighborhood; ensure the peace, privacy, quiet and dignity of the area; and avoid excessive noise, traffic, nuisance, fire hazard and other adverse effects of business uses.
C. 
Home occupations shall be incidental and secondary to the use of a dwelling unit for residential purposes.
D. 
Home occupations shall be conducted in a manner which does not give the outward appearance of a business. Any new construction undertaken to accommodate the home occupation activity shall also be wholly consistent with the character of a residential premises. Home occupations must not infringe on the privacy of neighbors or their quiet and peaceful enjoyment of their property.
E. 
Home occupations shall be limited to two per dwelling unit, provided that combined impacts of both shall satisfy these standards.
F. 
Home occupations shall be conducted only by members of the family residing in the dwelling unit.
G. 
Home occupations shall allow no more then two nonresident assistants, interns or employees at any one time per home occupation.
H. 
Home occupations shall provide off-street parking for any and all anticipated increase in vehicles at the dwelling above and beyond the parking already required by § 180-25.
I. 
Home occupations that generate pedestrian or vehicular visits must provide adequate parking in a manner and style that does not diminish the residential quality of the neighborhood.
J. 
Home occupations shall only have one sign. Illuminated signs are prohibited. The sign shall not exceed four square feet in area in compliance with § 180-26.
K. 
Home occupations shall be conducted either within the home (Class 1) or outbuilding (Class 2), and such use shall not alter the external appearance from a residential character.
L. 
Home occupations shall not generate auto and truck traffic that would exceed the volume of traffic that would otherwise be generated by typical residential use.
M. 
Home occupations shall not create offensive noise, vibration, smoke, electrical interference, dust, odors, heat or light.
N. 
Except for articles produced on the premises and other articles customarily associated with the product produced or the service provided on the premises, no stock-in-trade shall be displayed or sold on the premises.
O. 
No outdoor display of goods or outdoor storage of equipment or materials used in the home occupation shall be permitted in the front yard of the premises. Such goods, equipment or materials may be displayed or stored elsewhere on the property if appropriately covered by a structure and/or screened by a fence or natural vegetation, provided that any such outdoor storage does not occur within 50 feet of an adjacent residential premises.
P. 
There shall be permitted no sharing, letting or subletting of space for use by others in the conduct of their profession, trade or business.
No person shall undertake to construct any new building or structure intended for human occupancy, whether a principal or an accessory structure, within the Town of Milton without first meeting the requirements for a system or facilities for both a potable water supply and the separate disposal of sewage, domestic or trade wastes in accordance with the applicable regulations of the Town of Milton and the New York State Departments of Health and Environmental Conservation.
No dump, landfill, septage disposal site or other sanitary disposal area or facility shall be permitted within the Town of Milton except where owned or leased and operated by the Town of Milton through its own forces or on a contract basis. Any such area or facility shall be subject to a DEC permit and shall be operated and maintained in strict accordance with such permit and any further requirements established by the Town Planning Board.
Any outdoor swimming pool, whirlpool, spa or hot tub, as defined within § 180-5 of this chapter, shall be subject to the following safety measures to the extent required by the New York State Uniform Fire Prevention and Building Code:
A. 
The outdoor swimming pool, spa, whirlpool or hot tub shall be enclosed on all sides by a security fence not less than four feet nor more than six feet in height or, in the case of a whirlpool or hot tub, a securely locked cover shall be provided.
B. 
Such security fence, as may be applicable, shall be provided with a locking gate to prevent accidental entry or unauthorized use of the outdoor swimming pool, whirlpool or hot tub.
[Amended 6-25-2008 by L.L. No. 1-2008]
To the extent practicable, and in accordance with Town Law § 263, the accommodation of solar energy systems and equipment and the protection of access to sunlight for such equipment shall be encouraged in the application of the various review and approval provisions of this chapter.
Any enclosed or unenclosed commercial or light industrial use permitted by this chapter shall be provided with a fence, screen and/or landscaping sufficient to obscure objectionable aspects of such use from view from adjoining properties or public rights-of-way.
A. 
Any use which is not conducted within a completely enclosed building, including but not limited to storage yards, contractors' yards and parking lots, and which use abuts, is adjacent to or located within a residential zoning district or fronts a public right-of-way shall be obscured from view from such residential zoning districts and public rights-of-way in an effective manner.
B. 
Adequate plans for the installation of required fences, screens and landscaping shall be reviewed by the Town Planning Board in accordance with the provisions of Articles VII and VIII of this chapter, with it specifically provided that the retention and enhancement of existing vegetation, the introduction of substantial new vegetation and the introduction of earthen berming shall be considered the preferred means to satisfy these screening requirements.
C. 
Any required fences, screens and landscaping installed in accordance with this chapter shall be maintained in good order to achieve the objectives stated herein. Failure to maintain fencing or to replace dead or diseased landscaping shall be considered a chargeable violation of this chapter.
A. 
Buildings or structures for permitted fowl or livestock shall be located not less than 75 feet from any residential lot line and no fenced area for such fowl or livestock shall be closer than 100 feet to an existing residential structure. The foregoing conditions apply only when the farm operation does not precede the residential structures.
B. 
The storage of manure or other dust- or odor-producing substances shall be adequately screened from the view of adjacent properties and located not less than 200 feet from any lot line, stream or other water body or well providing a source of potable water.
A. 
In all districts on any nonfarm operation parcels, except in the R2 District, the keeping of fully grown roosters, ducks, geese or other fowl shall be prohibited, except that up to 12 chicken hens may be kept on nonfarm residential properties, as long as they are caged and their enclosure located in the rear yard of the property.
[Amended 10-1-2014 by L.L. No. 2-2014]
B. 
In all districts on nonfarm operation parcels, there shall not be more than one adult or fully grown horse, cow, hog, beef cattle, sheep, goat or other four-legged domestic-type farm animal or combination thereof for every two acres of land.
A manufactured home may be built on a private individual lot and used as a one family dwelling in accordance with this chapter as follows:
A. 
The manufactured home is newly constructed or certified by a professional designated by the Town of Milton Code Enforcement Official.
B. 
The manufactured home is no less than 24 feet in width.
C. 
The manufactured home is installed on a permanent foundation and has a sloped roof of no less than 4/12 pitch.
D. 
The utilities (electrical, plumbing, heating, air-conditioning) are comparable to those required for an on-site constructed building.
E. 
No more than one manufactured home can be built/installed on a private lot.
F. 
The Area and Bulk Regulation (§ 180-86) shall be met.
A. 
It shall be unlawful for any person to park a mobile home on any public or private property except as set forth below in accordance with this chapter:
[Amended 10-1-2014 by L.L. No. 2-2014]
(1) 
In an approved mobile home sales lot.
(2) 
Mobile homes on individual lots existing at the time of adoption of this chapter shall be considered nonconforming structures.
B. 
Mobile home parks. No person shall expand an existing mobile home park within the Town of Milton unless a special permit has first been issued by the Planning Board pursuant to this chapter.
C. 
Expansion of existing mobile home parks shall be limited to:
(1) 
Existing mobile home parks in the R2 Zone.
(2) 
A one-time only 20% maximum increase, measured by the number of mobile home units, from the number of units existing at the time of adoption of this chapter.
D. 
A special permit for park expansion shall be approved only where orderly development can be undertaken in harmony with development of the surrounding area in terms of:
(1) 
Traffic generation, ease and safety of vehicular access to and circulation within the park, safety of pedestrian movement, location of structures, adequacy of off-street parking, placement and sizing of sewage treatment and water supply systems and other utilities, safety of fuel storage and supply, provision of open space, recreation facilities or areas, delivery services and adequacy of landscaping and buffering.
(2) 
Park expansions shall be on generally level to gently rolling topography over an area of sufficient size to allow development without substantial alteration or disturbance of existing natural features such as stands of mature trees, stream courses, shorelines, wetlands or bedrock outcroppings.
(3) 
Parks shall be free from adverse, unsafe or unhealthful conditions, including but not limited to flooding, ponding, poor drainage, erosion, slumping or other soil instability, breeding areas for insects or rodents, smoke, noise, odors, heat, glare or toxic or volatile substances.
(4) 
The Planning Board may require any improvements to the existing park area as may be necessary to protect the health, safety and welfare of park residents, and/or improvements to the existing park area to provide benefit to the community as a whole, in return for its approval of a special permit for expansion of an existing mobile home park.[1]
[1]
Editor's Note: Former Subsection D(5), pertaining to manufactured homes added to new, existing or expanded parks, which immediately followed this subsection, was repealed 10-1-2014 by L.L. No. 2-2014.
The purpose of this section is to allow for telecommunications installations while providing for the health, safety and aesthetic character of the Town consistent with applicable federal and state law in accordance with the Town's Comprehensive Plan. This section is intended to regulate the placement, construction and modification of towers and telecommunications facilities while not unreasonably interfering with the development of the telecommunications industry.
A. 
Specifically, this section is intended to:
(1) 
Regulate the location of the towers and telecommunications facilities in the Town.
(2) 
Minimize adverse visual impacts of towers and telecommunications facilities through careful design, siting, landscaping, and innovative stealth techniques.
(3) 
Promote and encourage shared use/collocation of towers and antenna support structures as a primary option rather than construction of additional single-use towers.
(4) 
Promote and encourage utilization of technological designs that will either eliminate or reduce the need for erection of new tower structures to support antenna and telecommunications facilities.
(5) 
Avoid potential damage to property caused by towers and telecommunications facilities by ensuring such structures are soundly and carefully designed, constructed, modified, maintained and removed when no longer used or determined to be structurally unsound.
(6) 
Ensure that towers and telecommunications facilities are compatible with surrounding land uses.
B. 
Approval of telecommunications facilities. Telecommunications towers and accessory facilities shall be permitted in specified zoning districts upon issuance of a special use permit by the Town Planning Board as provided in Article VII and in conformity with the provisions of this section, and the granting of site plan approval in accordance with Article VII. No telecommunications tower shall hereafter be erected, used, moved, reconstructed, changed or altered except after the granting of a special use permit. No existing structure shall be modified to serve as a telecommunications tower unless in conformity with this section.
C. 
Site location. A proposed location shall receive approval from the Planning Board following satisfaction of the following requirements:
(1) 
Documentation of the need for the use of the site proposed.
(2) 
A completed visual environmental assessment form (visual EAF), including a simulated photographic visualization of the site, with particular attention to visibility from key view points identified on the visual EAF. The Planning Board may require a more detailed visual analysis based on the results of the visual EAF.
D. 
Collocation and use of preexisting structures.
(1) 
Applicants are encouraged to provide their towers for use by other carriers at a reasonable fair market value. Additionally, where such collocation is unavailable, location of antennas on preexisting structures shall be considered by the applicant. An applicant shall be required to present an adequate report inventorying existing towers within a reasonable distance of the proposed site and outlining opportunities for collocation with existing facilities and the use of other preexisting structures as an alternative to a new construction.
(2) 
An applicant intending to collocate with an existing tower shall be required to obtain a building permit from the Town of Milton and to document intent from an existing tower owner to collocate.
(3) 
In the case of new towers, the applicant shall be required to submit a report demonstrating good faith efforts to secure collocation with existing towers as well as documenting capacity for future collocation for the proposed tower. Written requests and responses for collocation shall be provided.
(4) 
The applicant must examine the feasibility of designing a proposed telecommunications tower to accommodate future demand for additional facilities. This requirement may be waived by the Planning Board, provided that the applicant demonstrates that future shared usage of the proposed facility is not feasible and/or an unnecessary burden, based upon:
(a) 
The number of Federal Communications Commission (FCC) licenses potentially available for the area.
(b) 
The number of existing and potential licenses without tower spaces/sites.
(c) 
Available spaces on existing and approved towers.
(d) 
Potential adverse visual impact by a tower designed for collocation.
E. 
Height. The Planning Board shall approve, subject to the limitations set forth below, the height of each proposed telecommunications tower. In reviewing such issue, the Planning Board shall consider the minimum height necessary for the applicant's needs and may also take into consideration the potential for collocation in approving or requiring additional height above the minimum necessary for the applicant's needs. The maximum height for telecommunications towers permitted under this section, including any antennas, extensions or other devices extending above the tower, measured from the finished grade immediately surrounding the site or building, shall be 150 feet.
F. 
Setbacks. Telecommunications towers and antennas shall comply with all existing setbacks within the affected zone. Additional setbacks may be required by the Planning Board to contain on site substantially all icefall or debris from tower failure. Setbacks shall apply to all tower parts, including guy-wire anchors, and to any accessory facilities.
G. 
Visibility and aesthetics.
(1) 
Stealth and camouflaged telecommunications facilities are encouraged and preferred when designed to enhance compatibility with adjacent land uses, including, but not limited to, architecturally screened roof-mounted antennas, antennas integrated into architectural elements and trees.
(2) 
Monopoles or guyed towers shall be preferred to freestanding communication towers.
(3) 
Towers shall not be artificially lighted except to assure human safety as required by the Federal Aviation Administration (FAA). Towers shall be a galvanized finish or painted gray above the surrounding tree line and painted gray, green or black below the surrounding tree lines, unless other standards are required by the FAA. Towers should be designed and sited so as to avoid, whenever possible, application of FAA lighting and painting requirements.
(4) 
Accessory facilities shall maximize use of location, building materials, colors and textures designed to blend with the natural surroundings.
(5) 
No telecommunications tower, antennas or accessory facility shall contain any signs or advertising devices.
(6) 
Existing on-site vegetation shall be preserved to the maximum extent possible. Clear cutting of all trees in a single contiguous area shall be minimized to the maximum extent possible.
(7) 
Screening. Deciduous or evergreen tree planting may be required to screen portions of the tower and accessory facilities from nearby residential property as well as from public sites. Where the site abuts residential or public property, including streets, at least one row of native evergreen shrubs or trees capable of forming a continuous hedge at least 10 feet in height within two years of planting shall be provided to effectively screen the tower base and accessory facilities. In the case of poor soil conditions, planting may be required on soil berms to assure plant survival, with the plant height to include the height of the berm.
H. 
Access.
(1) 
Access may be required to assure adequate emergency and service access. Maximum use of existing roads, public or private, shall be made. Road construction shall be sufficient to accommodate the intended use. Construction of pervious roadways (crushed stone, gravel, etc.) is preferred. At all times road construction shall minimize ground disturbance and vegetation cutting to within the bottom of fill, the top of cut or no more than 10 feet beyond the edge of any pavement. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential. Public road standards may be waived in meeting the objectives of this subsection.
(2) 
All telecommunications towers and accessory facilities and guy anchors, if applicable, shall be enclosed by a fence, of the immediate area surrounding the structure, not less than six feet in height or otherwise sufficiently protected from trespassing and vandalism.
I. 
Radio frequency effects. It is recognized that the Telecommunications Act of 1996, Public Law 104-104, § 704, prohibits the regulation of cellular and personal communications towers based on the environmental effects of radio frequency emissions where those emissions comply with the FCC standards for those emissions. The Planning Board may, however, impose a condition on the applicant that the communications antennas be operated only at FCC-designated frequencies and power levels.
J. 
The Planning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed telecommunications tower special use permit and/or site plan.
K. 
Removal of facilities; bond.
(1) 
Any applicant installing a telecommunications tower, antennas and/or accessory facility within the Town shall remove any and all such structures immediately upon the discontinuance of use, shall reasonably restore the site and shall incur all expenses therefor.
(2) 
As security for the performance of the requirements set forth above, the applicant shall, upon the granting of approval under this section and prior to the installation of any facilities, execute and file with the Town Clerk of the Town of Milton a bond or other undertaking which shall be approved as to form, manner of execution and sufficiency for surety by the Town Board and shall be with a solvent surety corporation. Such bond or undertaking shall be conditioned upon the faithful performance of the provisions of Subsection K(1) above and, in the event of default, the bond or undertaking shall be forfeited to the Town of Milton, which shall be entitled to maintain an action thereon. The bond or undertaking shall remain in full force and effect until the removal of the telecommunications tower, antennas and/or accessory facilities and site restoration. The value of the bond shall be set by the Planning Board and shall be equal to the cost of demolition and restoration of the site.
L. 
Applicant build-out plan.
(1) 
As part of any application in accordance with this section, the applicant shall submit to the Planning Board a build-out plan setting forth the applicant's current facilities within the Town and adjoining municipalities, together with the applicant's intentions for additional facilities within the Town and adjoining municipalities for the ensuing 24 months, and shall also certify whether any and all existing facilities of the applicant are in active use and are necessary for its telecommunications operations.
(2) 
The aforesaid build-out plan shall include a statement as to how the proposed facility will supplement, detract from or coordinate with existing telecommunications towers in the Town and contiguous jurisdiction, any changes proposed within the following twenty-four-month period, including a build-out plan for new locations, and the discontinuance or relocation of existing facilities.
(3) 
A similar build-out plan and certification of use of existing facilities shall be thereafter submitted by such applicant upon any further application for any additional facilities.
M. 
Exceptions. The provisions of this section shall not apply to the following:
(1) 
Individual, scientific and medical equipment as regulated by the FCC in 47 CFR 18.
(2) 
Military and government radar antennas and associated communication towers for navigational purposes as regulated by 47 CFR 87.
(3) 
Radio transceivers normally handheld or installed in a vehicle, such as an automobile, truck, trailer or watercraft.
(4) 
A radio frequency machine which is designed and marketed as a consumer product, such as a microwave oven and radio-controlled toys.
(5) 
Lawful or approved uses existing prior to the effective date of these regulations, including the repair and maintenance of existing communications towers and antennas.
(6) 
Antennas used solely for the residential household television and radio reception in accordance with this chapter.
(7) 
Satellite antennas one meter or less in diameter and building-mounted in commercial districts and ground-mounted in residential districts, regardless of the zoning district in which it is located.
A. 
Findings. Based upon a comprehensive study of the adverse secondary impacts of adult use establishments as documented in accordance with the ruling of the United States Supreme Court in the matter of the Renton v. Play Time Theaters, Inc. [475 U.S. 41(1986)] and commissioned by the Town Board of the Town of Milton, the Town of Milton finds that:
(1) 
There are adverse secondary impacts associated with the establishment and operation of sexually oriented businesses within a community.
(2) 
Among these adverse secondary impacts are a deterioration in the local quality of life; an adverse effect upon local property values; an adverse effect upon local economic viability; an imposition, whether intentional or unintentional, of exposure to adult-oriented expression undesired by neighbors, pedestrians and passersby; an increase in traffic, noise, litter and nuisance; criminal and illicit sexual behavior, a threat to the health and safety of children and young adults; and an undermining of the established sense of community.
(3) 
These adverse secondary impacts of the establishment and operation of sexually oriented businesses are a threat to the general health, safety and economic viability of the community.
(4) 
The unregulated establishment and operation of sexually oriented businesses would lead to the widespread imposition of adverse secondary impacts upon the residents, businesses, economic viability, property values and quality of life of the Town and would therefore be detrimental to the general health, safety and economic viability of the community.
(5) 
The United States Constitution and the Constitution and laws of the State of New York grant to the Town of Milton the powers, especially police powers, to enact reasonable legislation and measures to regulate the location and operation of sexually oriented businesses, hereinafter defined, in order to protect the general health, safety and economic viability of the community.
B. 
Purpose. The purpose of this chapter is to regulate the location and operation of sexually oriented businesses within the Town of Milton. The restrictions, regulations and provisions contained in this chapter are enacted by the Town Board for the protection, health, welfare and safety of the people of the Town of Milton. It is the express intent of the Town of Milton in adopting this section to:
(1) 
Ameliorate, mitigate, reduce or prevent the widespread and unregulated imposition of the adverse secondary impacts of sexually oriented businesses upon the residents, businesses, economic viability, property values, quality of life and general health, safety and welfare of the community.
(2) 
To protect the right of free expression guaranteed by the United States Constitution and the New York State Constitution as may be expressed and presented in the form of goods and services offered by sexually oriented businesses.
C. 
It is not the intent of the Town of Milton in adopting this section to:
(1) 
Deny any person the right of free expression guaranteed by the United States Constitution and the New York State Constitution as may be expressed and presented in the form of goods and services offered by sexually oriented businesses; or
(2) 
To impose upon any person any additional limitations or restrictions upon the right of free expression, guaranteed by the United States Constitution and the New York State Constitution, as may be expressed and presented in the form of goods and services offered by sexually oriented businesses beyond those granted to the Town under the United States Constitution, the New York State Constitution and the laws of the State of New York regarding the time, place and manner of that free expression. These constitutionally protected rights are understood to include the right to sell, distribute and exhibit the legal goods and services offered by sexually oriented businesses; or
(3) 
To impose upon any person any additional limitations or restrictions upon the right to obtain, view or partake of any communications guaranteed by the United States Constitution and the New York State Constitution as may be expressed and presented in the form of goods and services offered by sexually oriented businesses, beyond those granted to the Town under the United States Constitution, the New York State Constitution and the laws of the State of New York regarding the time, place and manner of that free expression; or
(4) 
To estimate, decide, determine, resolve, consider, conclude, judge or qualify in any manner or fashion the quality or value of the content, nature, message, form, format, appearance, substance or presentation of the free expression guaranteed by the United States Constitution and the New York State Constitution as may be expressed and presented in the form of goods and services offered by sexually oriented businesses.
D. 
Sexually oriented business, generally.
(1) 
No person shall operate a sexually oriented business within the Town of Milton without first obtaining a license from the Town Board and then a special permit from the Planning Board.
(2) 
The Town Board shall have the following functions, powers and duties:
(a) 
After a public hearing, to issue or refuse to issue an initial license provided for in this chapter; and without a public hearing, to issue or refuse to issue a renewal license provided for in this chapter.
(b) 
After a public hearing, to revoke, cancel or suspend any license provided for in this chapter and/or to impose a civil penalty against a licensee for cause and after a hearing.
(c) 
To inspect or provide for the inspection of any premises upon which a sexually oriented business is operated.
(d) 
To prescribe forms of applications for initial and renewal licenses under this chapter and all reports which it deems necessary to be made by any licensee.
E. 
License.
(1) 
Any person may apply to the Town Board for a license to operate a sexually oriented business or for a renewal thereof within the districts specified in the District Schedule of Use Regulations provided in § 180-87.
(2) 
Such license shall contain a description of the licensed premises and in form and substance shall be a license to the person therein specifically designated to operate a sexually oriented business on the premises therein specifically licensed.
(3) 
Such license shall be valid for a period of one year from the date it is issued.
(4) 
The annual license fee shall be set on the fee schedule established and annually reviewed by the Town Board.
(5) 
No license shall be granted under this chapter for any premises which are located within a distance of:
(a) 
1,500 feet from a public or private school (grades preschool through 12), church or other house of worship, public playground, public swimming area, public park or day-care center.
(b) 
1,000 feet from a private residence.
(c) 
500 feet from any other sexually oriented business.
(6) 
No license shall be granted under this chapter to the following persons:
(a) 
A person who is under 21 years of age.
(b) 
A person who is not a citizen of the United States or an alien lawfully admitted for permanent residence in the United States.
(c) 
A partnership or corporation unless each member of the partnership or each of the principal officers and directors of the corporation is a citizen of the United States or an alien lawfully admitted for permanent residence in the United States, and is not under 21 years of age.
(d) 
A person who has had any license issued under this chapter revoked for cause until the expiration of two years from the date of such conviction or revocation.
(e) 
A partnership or corporation if any partner, officer or director has had any license revoked for cause until the expiration of two years from the date of such conviction or revocation.
(7) 
No license shall be granted for any premises unless the applicant shall be the owner thereof or shall be in possession of said premises under a lease, in writing, specifying the leasees' intent to operate a sexually operated business for a term not less than the license period.
F. 
License application procedure.
(1) 
Applications shall be in writing and verified and shall contain such information as the Town Board shall require and be submitted on forms provided for that purpose by the Town Board. Such application shall be accompanied by a certified check, bank officer's check or draft or money order for the amount required by this chapter for such license and the application filing fee. In case of applications for renewals, the Town Board may dispense with such information as it deems unnecessary in view of the information contained in the application made for the initial license.
(2) 
The application filing fee for an initial license and a renewal license shall be found on the fee schedule established and annually reviewed by the Town Board.
(3) 
The application for an initial license or a renewal license must be filed with the Town Board at a regular meeting thereof.
(4) 
At its regular meeting next following the meeting at which the application for an initial license was filed, the Town Board shall designate a date upon which it will hold a public hearing for the purpose of hearing all interested persons. Said public hearing shall be held not more than 62 days after the meeting of the Town Board at which the date therefor was designated. Notice of said public hearing shall be published in the official newspapers of the Town not less than 20 days prior to the date upon which said public hearing is noticed to be held.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(5) 
Not more than 62 days following the date of said public hearing, the Town Board shall decide to grant or to deny the application. The decision of the Town Board may be reviewed under Article 78 of the Civil Practice Law and Rules, provided that the Article 78 proceeding is commenced within 30 days of the date upon which a decision of the Town Board is filed with the Town Clerk.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(6) 
At its regular meeting next following the meeting at which the application for a renewal license was filed, the Town Board shall decide to grant or to deny the application. The decision of the Town Board shall be in writing and shall set forth the reasons for its decision and shall be filed with the Town Clerk. The decision of the Town Board may be reviewed under Article 78 of the Civil Practice Law and Rules, provided that the Article 78 proceeding is commenced within 30 days of the date upon which the decision of the Town Board is filed with the Town Clerk.
(7) 
If there be any change, after the granting of any license, in any of the facts required to be set forth in the application therefor, a supplemental statement giving notice of such change, duly verified, shall be filed with the Town Board within 10 days after such change. Failure to do so shall, if willful and deliberate, be cause for revocation of the license and the imposition of a civil penalty against the licensee. In giving any notice or taking any action in reference to a licensee or licensed premises, the Town Board may rely upon the information furnished in such application and in any supplemental statement connected therewith, and such information may be presumed to be correct and shall be binding upon a licensee or licensed premises as if correct. All information required to be furnished in such application or supplemental statements shall be deemed material in any prosecution for perjury.
G. 
Provisions governing licenses.
(1) 
No licensee shall sell, deliver or give away or cause or permit or procure to be sold, delivered or given away any alcohol beverage for consumption on or off the licensed premises.
(2) 
The licensed premises shall not be open for business or operated during Sunday or on any other day from 2:00 a.m. to 11:00 a.m.
(3) 
No licensee shall permit or suffer any person under the age of 21 years to enter or remain in the licensed premises.
(4) 
No licensee shall employ or hire or suffer or permit any person under the age of 21 years to work in the premises.
(5) 
No licensee shall suffer or permit any gambling in the licensed premises.
(6) 
A license issued to any person pursuant to this chapter for any licensed premises shall not be transferable to any other person or to any other premises or to any other part of the building containing the licensed premises. It shall be available only to the person therein specified and only for the premises licensed and no other.
H. 
Revocation of license for cause. Any license issued pursuant to this chapter may be revoked, canceled or suspended and/or a civil penalty may be imposed against the licensee for the following causes:
(1) 
If the licensee violates any provision of this chapter.
(2) 
If the licensee transfers, assigns or hypothecates the license.
(3) 
If the applicant makes any false statement in the application.
I. 
Procedure for revocation. The Town Board may, on its own initiative or on verified complaint of any person, institute proceedings to revoke, cancel or suspend any license issued under this chapter and/or to impose a civil penalty against the licensee after hearing at which the licensee shall be given the opportunity to be heard. Such hearing shall be held in such manner and upon such notice as may be prescribed by the Town Board. The decision of the Town Board shall be in writing and shall set forth the reasons for its decision and shall be filed with the Town Clerk. The decision of the Town Board may be reviewed under Article 78 of the Civil Practice Law and Rules, provided that the Article 78 proceeding is commenced within 30 days of the date upon which the decision of the Town Board is filed with the Town Clerk.
The purpose of this chapter is promote the health and safety of the residents of the Town of Milton by protecting the natural environment, Town resources and Town roadways affected by timber harvesting. The Town recognizes that the timber resource in the Town is a renewable resource of significant value and may be harvested. The Town also recognizes that if timber harvesting practices are poorly carried out they can result in significant environmental and aesthetic damage to the land and to adjacent lands and waters. Further, logging equipment, trucks and traffic generated has the potential to severely damage Town rights-of-way; thus this section is intended to regulate those harvesting activities that most readily affect the environment and Town roadways, such as stream crossings and the location of landings, haul roads, and skid trails and travel of equipment utilized in a logging operation.
A. 
General provisions. All commercial forestry operations shall apply to the Town of Milton Building Department for a temporary permit. Approval of commercial forestry operations shall require the following:
(1) 
A management plan that includes the following information:
(a) 
The name and address of the property owner and a copy of the signed contract between the commercial harvester and property owner authorizing the forestry operation.
(b) 
The name and address of the harvester (logger) or purchaser.
(c) 
Location of site on a Tax Map, United States Geological Survey (USGS) topographic map and United States Department of Agriculture (USDA) Soils Survey Map.
(d) 
Site plan at a scale of one inch equals 200 feet or another suitable scale based on the size of the affected area. The plan shall include:
[1] 
Work areas.
[2] 
Loading areas.
[3] 
Haul roads.
[4] 
Landings and stream crossings.
(e) 
The approximate acreage to be cut, the approximate number of trees to be harvested and the approximate dates upon which such harvesting activity will occur.
(f) 
A description of the type of harvesting activity, diameter limit cutting (the minimum diameter and height measurement shall be designated), thinning or selection cutting, in which case the method of selection shall be explained.
(g) 
A statement of the steps to be taken:
[1] 
To mitigate and control environmental damage; assessment of the impacts to wetland areas.
[2] 
Plans for the cleanup and reclamation of the property.
[3] 
For soil erosion and stormwater control structures and the measures used for the protection of streams and slopes.
[4] 
To assure that culverts and Town roads are protected from damage caused by the logging operation and from the transportation of timber, including compliance with truck weight limitations.
[5] 
To protect wild life habitats, the applicant shall provide written correspondence from the DEC as to the existence of threatened or endangered species.
[6] 
Measures to preserve aesthetic values, including buffers along scenic roads and neighborhoods.
[7] 
Reclamation and repair of landings, haul roads, parking areas and public roads.
B. 
Exemptions. These provisions shall not apply to the following:
(1) 
Harvesting of trees and firewood for the personal use of the property owner on the same site.
(2) 
Reasonable site clearing preparatory to construction of a building for which a building permit has been issued.
(3) 
Clearing of land for rights-of-way for utilities.
(4) 
Clearing and maintenance of land for agricultural purposes.
(5) 
Harvesting of Christmas trees.
(6) 
Any other removal of timber from a lot in quantities less than 20 standard cords of wood, 2,000 cubic feet or 10,000 board feet, as measured by the international one-fourth-inch log rule, within any given calendar year.
(7) 
Properties in state programs exempted. Lands anywhere in the Town which are enrolled under § 480-a of the New York State Real Property Tax Law, and its predecessor, the Fisher Forest Act, are exempted from these provisions, provided that:
(a) 
A copy of a valid certificate of approval of enrollment in either § 480-a or the Fisher Forest Act is presented to the Zoning Enforcement Officer prior to the commencement of any commercial logging operations.
(b) 
A copy of the renewal forms certifying continued enrollment of a parcel in the § 480-a program is filed annually in years of active logging with the Zoning Enforcement Officer.
(c) 
A copy of file maps and a management plan from Fisher Forest Act or § 480-a, is submitted in conjunction with a certificate of approval.
(d) 
Subsection C(3), (4) and (5), pertaining to setback and hours of operations, are complied with in full, irrespective of the requirements of § 480-a, or the Fisher Forest Act.
C. 
Standards for commercial forestry operations.
(1) 
All commercial forestry operations shall be managed and conducted in accordance with the New York Timber Harvesting Guidelines and the New York State Forestry Best Management Practices for Water Quality which shall be enforceable by the Town of Milton Zoning Enforcement Officer hereunder as standards for commercial forestry operations in the Town of Milton.
(2) 
The Zoning Enforcement Officer shall be authorized and have the right in the performance of duties to enter upon any property proposed to be harvested to make such inspections as are necessary to determine satisfactory compliance with the provisions of this chapter. Owners, agents or harvesters on a property being harvested shall be responsible for allowing walking access to appropriate parts of the premises within their control to the Zoning Enforcement Officer acting in accordance with the requirements of this provision. It shall be the duty of the Zoning Enforcement Officer to investigate all complaints made under this chapter and to take appropriate legal action on all violations of this chapter.
(3) 
Except as noted below, no landings shall be located within the Stream Corridor Overlay District or within 100 feet of Town, state or federally designated scenic trails and public buildings. No landing shall be located in low spots or poorly drained areas.
(4) 
All landing areas, off-street parking for logging equipment and vehicles shall be located on the logging site not less than 100 feet from any street or property line unless greater or lesser distances are require due to the unique character of the site.
(5) 
Hours of operation.
(a) 
No harvesting, cutting or removal of products shall take place before 7:00 a.m. or after 7:00 p.m. Monday through Friday or before 8:00 a.m. or after 5:00 p.m. Saturday, Sunday and legal holidays.
(b) 
No harvesting, cutting or removal of products shall take place within 500 feet of the lot line of an adjacent residential property on which residential buildings are located on Saturdays, Sundays or legal holidays. This restriction may be waived upon written authorization from the property owner of the adjacent residential property, but nothing restricts the property owner from rescinding the authorization.
(6) 
Clear cutting as a method of harvesting forest products is prohibited unless clearly justified in the management plan and supported by the requirements of sound forest management.
(7) 
Access. Where a proposed commercial logging operation is to use or develop an access onto a Town highway, such proposal shall be referred to the Town Highway Superintendent who shall approve such access, subject to the following conditions and any other conditions as indicated prior to approval of the commercial forestry permit.
(a) 
No skidding of timber shall be permitted across Town highways as part of the logging operation at any time.
(b) 
The Town highway shall be cleared of dirt, mud and vegetation debris on a daily basis to the satisfaction of the Town Highway Superintendent.
(c) 
The logging contractor or operator shall be held responsible for any damage to the pavement shoulder of drainage facilities of the Town highway, and the Town Highway Superintendent shall inspect the commercial forestry operation on a frequent basis to determine if such damage has occurred. The Highway Superintendent shall approve the location and construction of the landing area.
(d) 
All debris located within 50 feet of any public right-of-way shall be cleared and removed by the applicant.
(e) 
The Town of Milton Highway Superintendent may issue any appropriate directive to prevent or repair damage to any Town road or bridge caused by the commercial forestry operation. Commercial forestry operations having access onto a state highway or county road shall have the access reviewed and approved by either the State Department of Transportation or the County Department of Public Works, and such access shall adhere to the conditions, including performance guaranties, that these agencies may require.
(8) 
Performance bond. A performance bond or certified check shall be posted with the Town Clerk by the logger in the amount of $1,000 per acre of land up to an amount not to exceed $5,000 in order to assure compliance with the provisions of this chapter. In lieu of the foregoing requirements, the logger may, subject to the approval of the Town Board, file with the Town Clerk a general undertaking of indemnity in a form to be approved by the Town Board. Upon completion of such harvesting activities and the compliance with all provisions of this chapter, as certified by a written statement from the Enforcement Officer attesting to such compliance, such bond shall be returned. In case of noncompliance with this chapter, the Town Board shall utilize such bond or such portion thereof as may be necessary to correct such noncompliance.
A. 
General provisions. All development and improvements within the Town Center District shall include the construction of sidewalks, curbing, stormwater drainage, streetlighting and street trees pursuant to the following standards.
B. 
Design standards.
(1) 
Sidewalks:
(a) 
Shall be constructed of a minimum of 3,500 psi reinforced concrete.
(b) 
Shall be five feet in width and a minimum of four inches in thickness.
(c) 
Shall be placed five feet inside of curb.
(d) 
All exposed surfaces shall be sloped sufficiently to shed water, towards the Town right-of-way at 1/4 inch per foot cross pitch. Class B broom finish shall be applied and joints should align with curbing joints or at five-foot intervals.
(e) 
Subbase shall be compacted to a minimum of 95% modified proctor maximum density; all unstable and unsuitable areas shall be excavated and replaced with a suitable and compacted subbase material.
(2) 
Curbing:
(a) 
Shall be constructed of a minimum of 4,000 psi concrete.
(b) 
Shall be poured in place concrete.
(c) 
Shall be six inches in width and 24 in height with a six-inch reveal from the finish top of curb to finish pavement (in most cases top of curb will be approximately one inch above crown of road).
(d) 
Subbase shall be compacted to a minimum of 95% modified proctor maximum density; all unstable and unsuitable areas shall be excavated and replaced with a suitable compacted subbase material.
(e) 
Shall be located 20 feet from center line of roadway to front face of curbing.
(3) 
Streetlighting:
(a) 
Fixture to be Hanover Lantern Model No. 1972BP:
[1] 
Finish: Verde.
[2] 
Panels: Clear Polycarbonate.
[3] 
Voltage: 120.
[4] 
Wattage: 100 HPS.
[5] 
Post: Model No. 729; 10 feet in height.
[6] 
Photo eye: required for continuous dusk-to-dawn operation.
(b) 
Conduit must be provided at all fixtures and at curb cut crossing to facilitate in series wiring for future lighting district.
(c) 
Location to be approximately 75 feet on center along streets and placed between curbing and sidewalks.
(4) 
Street trees:
(a) 
Tree(s) to be little leaf linden with two-and-one-half-inch to three-inch caliper.
(b) 
Location to be approximately 40 feet on center along streets and placed between curbing and sidewalks.
(5) 
Drainage. Where practical, drainage provisions for conveying stormwater from roofs and impervious surfaces on the premises shall be handled in site. For all uses, installing curbs or where stormwater has to be conveyed off site, a storm sewer shall be deemed available when such sewer is within 500 feet of the premises, on which the use is located, measuring along the street and a connection can be made lawfully there to.
C. 
Maintenance standards.
(1) 
Sidewalk maintenance:
(a) 
It shall be unlawful for any occupant of any building in the Town Center District to permit the sidewalks in front of the premises owned and/or occupied by same, to become, in any manner, obstructed by the accumulation of snow, ice and dirt thereon, and such occupant or owner shall remove the snow, ice or dirt from such sidewalk for the whole width thereof within eight hours after any fall of snow which shall cease in the daytime and before 12:00 noon of the day following any such fall of snow and before any such fall of snow shall obtain the depth of 12 inches and, in case the snow and ice become so congealed that the same cannot be removed without injury to the pavement, to cause such snow and ice to be sprinkled with sand or an appropriate ice-melter and also at all other times to keep such sidewalks free and clear from all dirt, filth or other.
(b) 
In the event that the occupant or owner of the adjoining premises fails to comply with the provision of this section and, by reason of such failure, injuries to persons and/or damage to property results, and in such event such occupant or owner shall be liable for such injuries or damages.
(c) 
In case of damage or deterioration the occupant or owner must repair or replace within 30 days from the date of notification from the Zoning Enforcement Official.
(2) 
Prohibited uses:
(a) 
No person shall cause any vehicle to obstruct the free use of any sidewalk or crosswalk within the Town Center District.
(b) 
No person shall push, ride or draw any vehicle except a baby carriage or invalid chair upon the sidewalk within the Town Center District.
(c) 
No person shall encumber the street or sidewalks in the Town Center District with boxes, barrels, crates, display signs, wares, merchandise or any material whatever.
(3) 
Streetlighting maintenance:
(a) 
In case of bulb failure, the occupant or owner must replace the bulb within 10 days of bulb failure.
(b) 
In case of damage to fixture or pole, the occupant or owner must show proof of ordering of appropriate part(s) within 10 days of damage and repair must be made within 30 days of damage.
(4) 
Street tree maintenance. Occupant or owner must maintain trees in a healthy condition. In case of damage, disease or death of the tree(s), the occupant or owner must replace within 30 days from the date of notification from the Zoning Enforcement Official.
(5) 
Enforcement. It shall be the duty of the zoning enforcement official to see that the provisions of § 180-39.4, hereof are complied with and in case of failure on the part of any occupant or owner, after notice from the Zoning Enforcement Official, to comply with the provisions, the penalties from § 180-72 shall apply.
D. 
Flexibility. The Planning Board shall have the power to vary or modify the placement of sidewalks, curbing, stormwater drainage, streetlights and street trees due to physical constraints or aesthetics so long as such modifications are with sound planning and engineering considerations. Where installation of sidewalks, curbing, stormwater drainage, streetlights and street trees is not practical at the time of construction or reconstruction, the Planning Board shall require the establishment of an escrow account, or other instrumentality, in the amount of full construction costs to be installed at a later date.
[Added 10-25-2006 by L.L. No. 2-2006[1]]
A. 
Definitions. The terms used in L.L. No. 2-2006 or in documents prepared or reviewed under L.L. No. 2-2006 shall have the meaning as set forth in this section.
AGRICULTURAL ACTIVITY
The activity of an active farm including grazing and watering livestock, irrigating crops, harvesting crops, using land for growing agricultural products, and cutting timber for sale, but shall not include the operation of a dude ranch or similar operation, or the construction of new structures associated with agricultural activities.
APPLICANT
A property owner or agent of a property owner who has filed an application for a land development activity.
BUILDING
Any structure, either temporary or permanent, having walls and a roof, designed for the shelter of any person, animal, or property, and occupying more than 100 square feet of area.
CHANNEL
A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.
CLEARING
Any activity that removes the vegetative surface cover.
CONTRACTOR
Any person or entity actually doing and/or completing the work on behalf of a developer, property owner, or other third party.
DEDICATION
The deliberate appropriation of property by its owner for general public use.
DEPARTMENT
The New York State Department of Environmental Conservation.
DESIGN MANUAL
The New York State Stormwater Management Design Manual, most recent version, including applicable updates, that serves as the official guide for stormwater management principles, methods and practices.
DEVELOPER
A person or entity which undertakes land development activities.
EROSION CONTROL MANUAL
The most recent version of the "New York Standards and Specifications for Erosion and Sediment Control" manual, commonly known as the "Blue Book."
GRADING
Excavation or fill of material, including the resulting conditions thereof.
IMPERVIOUS COVER
Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snowmelt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc.).
INDUSTRIAL STORMWATER PERMIT
A state pollutant discharge elimination system permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.
INFILTRATION
The process of percolating stormwater into the subsoil.
JURISDICTIONAL WETLAND
An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation." Jurisdictional wetlands shall also include those designated by state and federal regulations and guidelines.
LAND DEVELOPMENT ACTIVITY
Construction activity including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance of equal to or greater than one acre, or activities disturbing less than one acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules.
LANDOWNER
The legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land.
MAINTENANCE AGREEMENT
A legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices.
NONPOINT SOURCE POLLUTION
Pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.
PHASING
Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.
POLLUTANT OF CONCERN
Sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity.
PROJECT
Any land development activity.
RECHARGE
The replenishment of underground water reserves.
SEDIMENT CONTROL
Measures that prevent eroded sediment from leaving the site.
SENSITIVE AREAS
Cold water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, habitats for threatened, endangered or special concern species.
SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS GP-02-02
A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA-established water quality standards and/or to specify stormwater control standards.
STABILIZATION
The use of practices that prevent exposed soil from eroding.
STOP-WORK ORDER
An order issued which requires that all construction activity on a site be stopped, either temporarily, or permanently.
STORMWATER
Rainwater, surface runoff, snowmelt and drainage.
STORMWATER HOTSPOT
A land use or activity that generates higher concentrations of hydrocarbons, trace metals or toxicants than are found in typical stormwater runoff, based on monitoring studies.
STORMWATER MANAGEMENT
The use of structural or nonstructural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment.
STORMWATER MANAGEMENT FACILITY
One or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff.
STORMWATER MANAGEMENT OFFICER
An employee or officer designated by the municipality to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board, and inspect stormwater management practices.
STORMWATER MANAGEMENT PRACTICES (SMPs)
Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies.
STORMWATER POLLUTION PREVENTION PLAN (SWPPP)
A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.
STORMWATER RUNOFF
Flow on the surface of the ground, resulting from precipitation.
(1) 
Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic ocean within the territorial seas of the state of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction.
(2) 
Storm sewers and waste treatment systems, including treatment ponds or lagoons which also meet the criteria of this definition are not waters of the state. This exclusion applies only to man-made bodies of water which neither were originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state.
WATERCOURSE
A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.
WATERWAY
A channel that directs surface runoff to a watercourse or to the public storm drain.
B. 
Stormwater pollution prevention plans.
(1) 
Stormwater pollution prevention plan requirement. No application for approval of a land development activity shall be reviewed or approved until the appropriate board or designated officer in the Town has received a satisfactory, complete, and acceptable stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications in this chapter.
(2) 
Contents of stormwater pollution prevention plans.
(a) 
All SWPPPs shall provide the following background information and erosion and sediment controls:
[1] 
Background information about the scope of the project, including location, type and size of project.
[2] 
Site map/construction drawing(s) for the project, including a general location map. At a minimum, the site map should show the total site area; all improvements; areas of disturbance; areas that will not be disturbed; existing vegetation; on-site and adjacent off-site surface water(s); wetlands and drainage patterns that could be affected by the construction activity; existing and final slopes; locations of off-site material, waste, borrow or equipment storage areas; and location(s) of the stormwater discharge(s).
[3] 
Description of the soil(s) present at the site.
[4] 
Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. Consistent with the New York standards and specifications for erosion and sediment control (Erosion Control Manual), not more than five acres shall be disturbed at any one time unless pursuant to an approved SWPPP.
[5] 
Description of the pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in stormwater runoff.
[6] 
Description of construction and waste materials expected to be stored on-site with updates as appropriate, and a description of controls to reduce pollutants from these materials including storage practices to minimize exposure of the materials to stormwater, and spill prevention and response.
[7] 
Temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control and sediment control for each stage of the project from initial land clearing and grubbing to project closeout.
[8] 
A site map/construction drawing(s) specifying location(s), size(s), and length(s) of each erosion and sediment control practice.
[9] 
Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins.
[10] 
Temporary practices that will be converted to permanent control measures.
[11] 
Implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice should remain in place.
[12] 
Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice.
[13] 
Name(s) of the receiving water(s).
[14] 
Delineation of SWPPP implementation responsibilities for each part of the site.
[15] 
Description of structural practices designed to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable.
[16] 
Any existing data that describes the stormwater runoff at the site.
(b) 
Land development activities as defined in Subsection A of this this and meeting Condition A, B or C below shall also include water quantity and water quality controls (post-construction stormwater runoff controls) as set forth in Subsection B(2)(c) below as applicable.
[1] 
Condition A: Stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water identified on the Department's 303(d) list of impaired waters or a total maximum daily load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment.
[2] 
Condition B: Stormwater runoff from land development activities disturbing five or more acres.
[3] 
Condition C: Stormwater runoff from land development activity disturbing between one and five acres of land during the course of the project, exclusive of the construction of single-family residences and construction activities at agricultural properties.
(c) 
SWPP requirements for Condition A, B and C:
[1] 
All information in Subsection B(2)(a) of this section;
[2] 
Description of each post-construction stormwater management practice;
[3] 
Site map/construction drawing(s) showing the specific location(s) and size(s) of each post-construction stormwater management practice;
[4] 
Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms;
[5] 
Comparison of post-development stormwater runoff conditions with pre-development conditions;
[6] 
Dimensions, material specifications and installation details for each post-construction stormwater management practice;
[7] 
Maintenance schedule to ensure continuous and effective operation of each post-construction stormwater management practice;
[8] 
Maintenance easements to ensure access to all stormwater management practices at the site for the purpose of inspection and repair. Easements shall be recorded on the plan and shall remain in effect with transfer of title to the property;
[9] 
Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with Subsection D of this section.
(3) 
Plan certification. The SWPP shall be prepared by a landscape architect or professional engineer, acceptable to the Town, and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meet the requirements of this chapter.
(4) 
Other environmental permits. The applicant shall assure that all other applicable environmental permits have been or will be acquired for the land development activity prior to approval of the final stormwater design plan.
(5) 
Contractor certification.
(a) 
Each contractor and subcontractor identified in the SWPPP who will be involved in soil disturbance and/or stormwater management practice installation shall sign and date a copy of the following certification statement before undertaking any land development activity:
"I certify under penalty of law that I understand and agree to comply with the terms and conditions of the Stormwater Pollution Prevention Plan. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards."
(b) 
The certification must include the name and title of the person providing the signature, address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made.
(c) 
The certification statement(s) shall become part of the SWPPP for the land development activity.
(6) 
A copy of the SWPPP shall be retained at the site of the land development activity during construction from the date of initiation of construction activities to the date of final stabilization.
C. 
Performance and design criteria for stormwater management and erosion and sediment control. All land development activities shall be subject to the following performance and design criteria:
(1) 
Technical standards. For the purpose of this chapter, the following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by L.L. No: 2-2006:[2]
(a) 
The New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, most current version or its successor, hereafter referred to as the "Design Manual").
(b) 
New York Standards and Specifications for Erosion and Sediment Control (Empire State Chapter of the Soil and Water Conservation Society, 2004, most current version or its successor, hereafter referred to as the "Erosion Control Manual").
[2]
Editor's Note: L.L. No. 2-2006 consists of Ch. 151, Stormwater Management and Erosion and Sediment Control, Subdivision of Land §§ 154-9.1, 154-21C, 154-22K and 154-23C, and Zoning §§ 180-39.5 and 180-52D.
(2) 
Water quality standards. Any land development activity shall not cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the state of New York.
D. 
Maintenance and repair of stormwater facilities.
(1) 
Maintenance during construction.
(a) 
The applicant or developer of the land development activity shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this chapter. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced 50%.
(b) 
The applicant or developer or their representative shall be on site at all times when construction or grading activity takes place and shall inspect and document the effectiveness of all erosion and sediment control practices. Inspection reports shall be completed every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. The reports shall be delivered to the Stormwater Management Officer and also copied to the site log book.
(2) 
Maintenance easement(s). Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, the applicant or developer must execute a maintenance easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall provide for access to the facility at reasonable times for periodic inspection by the Town of Milton to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this chapter. The easement shall be recorded by the grantor in the office of the County Clerk after approval by Town Engineer and by the legal counsel for the Town.
(3) 
Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with L.L. No. 2-2006[3] shall be operated and maintained to achieve the goals of L.L. No. 2-2006. Proper operation and maintenance also includes as a minimum, the following:
(a) 
A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of L.L. No. 2-2006.
(b) 
Written procedures for operation and maintenance and training new maintenance personnel.
(c) 
Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with Subsection C(2) of this section.
[3]
Editor's Note: L.L. No. 2-2006 consists of Ch. 151, Stormwater Management and Erosion and Sediment Control, Subdivision of Land §§ 154-9.1, 154-21C, 154-22K and 154-23C, and Zoning §§ 180-39.5 and 180-52D.
(4) 
Maintenance agreements. The Town of Milton shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the County Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of Schedule B of Chapter 151 entitled Sample Stormwater Control Facility Maintenance Agreement. The Town of Milton, in lieu of a maintenance agreement, at its sole discretion, may accept dedication of any existing or future stormwater management facility, provided such facility meets all the requirements of this chapter and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.
E. 
Severability. If the provisions of any article, section, subsection, paragraph, subdivision or clause of L.L. No. 2-2006 shall be judged invalid by a court or competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision, or clause of L.L. No. 2-2006.
[1]
Editor's Note: L.L. No. 2-2006 consists of Ch. 151, Stormwater Management and Erosion and Sediment Control, Subdivision of Land §§ 154-9.1, 154-21C, 154-22K and 154-23C, and Zoning §§ 180-39.5 and 180-52D.
[Added 4-19-2017 by L.L. No. 2-2017]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV) SYSTEMS
A solar energy system that consists of integrating photovoltaic modules into the building structure, such as the roof or facade, and which does not alter the relief of the roof.
FLUSH-MOUNTED SOLAR PANEL
A photovoltaic panel or tile that is installed flush to the surface of a roof and 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 the purposes of these regulations.
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 be tilted toward the south at an optimal angle.
SMALL-SCALE SOLAR ENERGY SYSTEM
Rooftop or ground-mounted solar array accessory to the primary structure on the property and intended to produce power to be used on site by the primary structure. This category includes net-metering arrangements that allow solar customers to deliver excess solar power back to the grid so they only pay for their net electricity usage.
SOLAR ACCESS
Space open to the sun and clear of overhangs or shade, including 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 EASEMENT
An easement recorded pursuant to New York Real Property Law § 335-b, the purpose of which is to secure the right to receive sunlight across real property of another for continued access to sunlight necessary to operate a solar collector.
SOLAR ENERGY EQUIPMENT/SYSTEM
Solar collectors and other materials, hardware, or equipment necessary to the process by which solar radiation is collected, converted to another form of energy, stored, protected from dissipation, and/or distributed. Solar energy systems include solar thermal, photovoltaic, and concentrated solar. For the purpose of these regulations, 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, by any method, with the primary purpose of wholesale or retail sales of electricity.
B. 
Purpose.
(1) 
The Town of Milton recognizes that solar energy is a clean, readily available, and renewable energy source. Development of solar energy systems provides an excellent opportunity for the reuse of brownfields and landfills throughout the Town and offers an energy resource that can act to attract and promote green business development.
(2) 
The Town of Milton has determined that comprehensive regulations regarding the development of solar energy systems are necessary to protect the interests of the Town, its residents, and its businesses. This section is intended to promote the effective and efficient use of solar energy resources; set provisions for the placement, design, construction, and operation of such systems to uphold the public health, safety, and welfare; and to ensure that such systems will not have a significant adverse impact on agricultural and open space resources or on the aesthetic qualities and character of the Town.
C. 
Applicability.
(1) 
The requirements of this section shall apply to all solar energy systems and equipment installations modified or installed after the effective date of this section.
(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 section shall not be required to meet the requirements of this section.
(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. 
General regulations.
(1) 
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 weight load, wind resistance, ingress or egress in the case of fire or other emergency.
(2) 
Solar collectors and related equipment shall be surfaced, designed, and sited so as not to reflect glare onto adjacent properties, roadways, or airspace utilized by aircraft approaching or leaving the Saratoga County Airport.
(3) 
All solar energy systems shall adhere to all applicable Town of Milton building, plumbing, electrical, and fire codes.
(4) 
All solar collector installations must be performed by a qualified solar installer.
(5) 
Prior to operation, electrical connections must be inspected by a Town Code Enforcement Officer and by an appropriate electrical inspection person or agency, as determined by the Town.
(6) 
Any connection to the public utility grid must be inspected by the appropriate public utility.
(7) 
Solar energy systems shall be maintained in good working order.
(8) 
Rooftop and building-mounted solar collectors shall meet New York's Uniform Fire Prevention and Building Code standards.
(9) 
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.
(10) 
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, pursuant to this section.
(11) 
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.
E. 
Small-scale solar energy. Small-scale solar energy installations shall be permitted by right in all districts of the Town. They are considered accessory structures and impervious surfaces. They must comply with all area and bulk regulations for the district in which they are located, as detailed in § 180-86. All such installations require a building permit.
(1) 
Rooftop and building-mounted solar collectors.
(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 perimeter area around the edge of the roof and structurally supported pathways 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.
(b) 
Exceptions to these requirements may be requested where access, pathway or ventilation requirements are reduced due to:
[1] 
Unique site-specific limitations;
[2] 
Alternative access opportunities (as from adjoining roofs);
[3] 
Ground-level access to the roof area in question;
[4] 
Other adequate ventilation opportunities when approved by the Code Compliance Department;
[5] 
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.);
[6] 
Automatic ventilation device; or
[7] 
New technology, methods, or other innovations that ensure adequate emergency responder access, pathways and ventilation opportunities.
(2) 
Building-integrated photovoltaic (BIPV) systems. BIPV systems shall be shown on the plans submitted for the building permit application for the building containing the system.
(3) 
Freestanding and ground-mounted solar collectors.
(a) 
The height of the solar collector and any mounts shall not exceed 20 feet from ground level when oriented at maximum tilt.
(b) 
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, earth berms, 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.
(c) 
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.
(d) 
Solar energy equipment shall not be sited within any required buffer area.
(e) 
The total surface area of all ground-mounted and freestanding solar collectors on a lot shall not exceed the area of the ground covered by the building structure of the largest building on the lot measured from the exterior walls, excluding patios, decks, balconies, screened and open porches and attached garages, provided that nonresidential placements exceeding this size may be approved by the Planning Board, subject to site plan review.
(f) 
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.
(g) 
The installation of ground-mounted and freestanding solar collectors shall be considered a development or development activity for purposes of § 180-39.5, Stormwater control, of the Code of the Town of Milton.
(4) 
Solar thermal systems. Building-mounted solar thermal systems are subject to the requirements in § 180-39.6E(1), and ground-mounted solar thermal systems are subject to the requirements in § 180-39.6E(3).
F. 
Guidelines for future solar access.
(1) 
New structures will 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.
(2) 
To permit maximum solar access to proposed lots and future buildings, wherever reasonably feasible, consistent with other appropriate design considerations and to the extent practicable, new streets should be located on an east-west axis to encourage building siting with the maximum exposure of roof and wall area to the sun. The Planning Board should also consider the slope of the property and the nature and location of existing vegetation as they affect solar access.
(3) 
The impact of street trees on the solar access of the surrounding property should be minimized to the greatest possible extent in selecting and locating shade trees. Every effort should be made to avoid shading possible locations of solar collectors.
(4) 
When the Planning Board reviews and acts upon applications for subdivision approval or site plan approval, it should take into consideration whether the proposed construction would block access to sunlight between the hours of 9:00 a.m. and 3:00 p.m. Eastern standard time for existing approved solar energy collectors or for solar energy collectors for which a permit has been issued.
(5) 
The Planning Board may require subdivisions to be platted so as to preserve or enhance solar access for either passive or active systems, consistent with the other requirements of the Town Code.
(6) 
The plan for development of any site within cluster subdivisions should be designed and arranged in such a way as to promote solar access for all dwelling units. Considerations may include the following:
(a) 
In order to maximize solar access, the higher-density dwelling units should be placed on a south-facing slope and lower-density dwelling units sited on a north-facing slope.
(b) 
Subject to the Town's setback requirements, structures should be sited as close to the north lot line as possible to increase yard space to the south for reduced shading of the south face of a structure.
(c) 
A taller structure should be sited to the north of a shorter structure.
G. 
Solar farms. Solar farms are allowed only in the R2 District and only on properties of 25 acres or more. Solar energy equipment may cover no more than 10% of the property on which it is located. In no case shall solar equipment be located closer than 100 feet from any adjoining property. Solar collectors are considered both structures and impervious surfaces. Solar farms or power plants require both site plan review and special use permit approval by the Planning Board.
(1) 
Applications for a solar farm or power plant shall include the following:
(a) 
Plans and drawings of the solar energy system installation signed by a professional engineer registered in New York State, showing the proposed layout of the entire solar energy system, along with a description of all components, whether on site or off site, existing vegetation and proposed clearing and grading of all sites involved. Clearing and/or grading activities are subject to review and approval by the Planning Board and shall not commence until the issuance of site plan approval.
(b) 
Certification from a professional engineer or architect registered in New York State indicating that the building or structure to which the solar energy system is to be affixed is capable of handling the loading requirements of the solar energy system and various components.
(c) 
One- or three-line electrical diagram detailing the solar energy system installation, associated components, and electrical interconnection methods, with all disconnects and over-current devices.
(d) 
Documentation of access to the project site(s), including location of all access roads, gates, parking areas, etc.
(e) 
Plan for clearing and/or grading of the site. If necessary, a plan for stormwater management and erosion control of the site.
(f) 
Documentation of utility notification, including an electric service order number.
(g) 
Decommissioning plan and description of financial surety that satisfies § 180-39.6H for utility-scale only.
(h) 
Sunchart. Where an applicant for a solar energy system requests that the setback for solar collectors from the south property line be less than that identified in § 180-39.6G, the Planning Board may require that the applicant submit a sunchart for the proposed site indicating the sun angle for the southern boundary of the site for a minimum four-hour continuous period during the time of the highest sun angle on December 21, along with the potential for existing buildings, structures, and/or vegetation on the site or on adjacent sites to obstruct the solar skyspace of the proposed solar energy system. The sunchart shall also indicate the potential for obstructions to the solar skyspace of the proposed solar energy system under a scenario where an adjacent site is developed according to Chapter 180, Zoning, with a building/structure built to maximum bulk and height at the minimum setback. Where no standards for height and/or setback are established, this scenario shall assume a minimum fifty-foot building height developed with a maximum setback of five feet from the property line. The sunchart shall be kept on file at the Town Building Department and determine the minimum setback required for any solar collectors from the south property line as well as the solar skyspace that should be considered when development of neighboring properties occurs. This section in no way places responsibility on the Town for ensuring or enforcing solar skyspace easements, nor places responsibility for guaranteeing the solar skyspace of a solar energy system in the event setbacks are waived at the applicant's request.
(i) 
A property owner who has installed or intends to install a solar energy system may choose to negotiate with other property owners in the vicinity for any necessary solar skyspace easements. The issuance of a special use permit does not constitute solar skyspace rights, and the Town shall not be responsible for ensuring impermissible obstruction to the solar skyspace as a result of uses or development performed in accordance with the Town Code. In the event that solar easements are negotiated by an applicant or property owner, a copy or documentation of any solar skyspace easements shall be provided, properly recorded as such, negotiated with neighboring property owners that shall, at a minimum, include:
[1] 
The restrictions placed upon buildings, structures, vegetation, and other objects or uses that would potentially obstruct the solar skyspace of the solar energy system.
[2] 
A description of the dimensions of the easement expressed in measurable terms, such as the maximum height of buildings and structures, vertical or horizontal angles measured in degrees, or the hours of the day on specified dates during which direct sunlight to a specified surface of a solar collector may not be obstructed, or a combination of these descriptions.
[3] 
The amount, if any, of permissible obstruction of the solar skyspace through the easement expressed in measurable terms, such as a specific percentage of the solar skyspace that may be obstructed or hours during the day.
[4] 
Provisions for trimming vegetation that would impermissibly obstruct solar skyspace, including any compensation for trimming expenses.
[5] 
Provisions for compensation of the owner/operator benefiting from the easement in the event of impermissible obstruction of the solar skyspace that would be in violation of the easement.
[6] 
The terms or conditions, if any, under which the easement may be revised or terminated.
(j) 
Where the owner of the property is different than the site host of a solar energy system, the owner of the property shall provide an affidavit or evidence of agreement between the property owner and the solar energy system's owner/operator verifying that the system owner/operator has the permission of the property owner to install and operate the solar energy system.
(2) 
General provisions. All applications for solar farms shall be in accordance with the following:
(a) 
All solar energy systems shall adhere to all applicable Town of Milton building, plumbing, electrical, and fire codes.
(b) 
Development and operation of a solar energy system shall not have a significant adverse impact on agricultural activities or on fish, wildlife, or plant species or their critical habitats, or other significant habitats identified by the Town of Milton or other federal or state regulatory agencies.
(c) 
The design, construction, operation, and maintenance of any solar energy system shall prevent the misdirection and/or reflection of solar rays onto neighboring properties, public roads, and public parks in excess of that which already exists.
(d) 
All structures and devices used to support solar collectors shall be nonreflective and/or painted a subtle or earth-tone color.
(e) 
All transmission lines and wiring associated with a solar energy system shall be buried and include necessary encasements in accordance with the National Electric Code and Town requirements. The Planning Board may recommend waiving this requirement if sufficient engineering data is submitted by the applicant to demonstrate that underground transmission lines are not feasible or practical. The applicant is required to show the locations of all proposed overhead and underground electric utility lines, including substations and junction boxes and other electrical components for the project on the site plan.
(f) 
All transmission lines and electrical wiring shall be in compliance with the utility company's requirements for interconnection.
(g) 
Artificial lighting of solar energy systems shall be limited to lighting required for safety and operational purposes and shall be shielded from all neighboring properties and public roads.
(h) 
Any signage used to advertise the solar energy facility shall be in accordance with the Town's signage regulations.
(i) 
Due to the need to keep the solar skyspace for solar energy systems free from obstructions, the Planning Board may recommend modifying the landscaping requirements within Chapter 180, Zoning, for any site proposed to contain solar collectors and shall ensure that any landscaping proposed is low-growth vegetation that will not obstruct the solar skyspace at mature height.
(j) 
Following construction of a large-scale or utility-scale ground-mounted solar energy system, all disturbed areas where soil has been exposed shall be reseeded with grass and/or planted with low-level vegetation capable of preventing soil erosion and airborne dust.
(3) 
Applications for utility-scale solar energy systems shall meet the following additional criteria:
(a) 
Photo simulations shall be included, showing the proposed solar energy system in relation to the building/site, along with elevation views and dimensions, and manufacturer's specs and photos of the proposed solar energy system, solar collectors, and all other components.
(b) 
Any site containing a utility-scale solar energy system shall contain fencing or other enclosure acceptable to the Town enclosing all solar energy system components that present safety hazards.
(c) 
A berm, landscape screen, or other opaque enclosure, or any combination thereof acceptable to the Town capable of screening the site, shall be provided along any property line that abuts an existing residence or any property zoned R1, H1, or H2 District.
(d) 
After completion of a utility-scale solar energy system, the applicant shall provide a post-construction certification from a professional engineer registered in New York State that the project complies with applicable codes and industry practices and has been constructed and is operating according to the design plans.
H. 
Abandonment or decommissioning.
(1) 
Unsafe, inoperable, and/or abandoned solar energy systems and solar energy systems for which a special use permit has expired shall be removed by the owner. A solar energy system shall be deemed abandoned when it fails to produce energy for at least one year. All safety hazards created by the installation and operation of the solar energy system shall be eliminated and the site restored to its preexisting condition within six months of the removal of the solar energy system.
(2) 
For all utility-scale solar energy systems, the applicant shall submit a decommissioning plan for review and approval as part of the special use permit application. The decommissioning plan shall identify the anticipated life of the project, method and process for removing all components of the solar energy system and returning the site to its preexisting condition, and estimated decommissioning costs, including any salvage value.
(3) 
The applicant for a utility-scale solar energy system where the system is the principal use on a lot shall, as a condition of the special use permit and upon each renewal, provide and maintain a form of financial surety. Such financial surety shall be provided either through a security deposit, escrow account, bond, or in a manner otherwise acceptable to the Town. The amount shall be based upon the estimated decommissioning costs. It is intended to cover, in whole, the cost of decommissioning in the event the Town must remove any utility-scale solar energy systems and associated structures/components, as well as restore the site subsequent to such removal in accordance with the approved decommissioning plan. Upon successful completion of all decommissioning activities, any remaining portion of the posted financial surety shall be returned to the applicant. Such financial surety shall not be required for municipally or state-operated solar energy systems.