1. Short Title
This Local Law shall be known as the Land Use Local Law of the Town of Colesville, Broome County, New York.
2 Purpose
The Land Use Local Law of the Town of Colesville is established to promote and protect the public health, safety, and general welfare. The intent of this Local Law is to support the goal of the Town of Colesville to be primarily a rural residential community, in which agricultural and recreational development are encouraged along with planned supporting commercial services and compatible industrial development.
The specific objectives are:
•· To promote the most appropriate use of land resources.
•· To provide appropriate recreational areas, public and private.
•· To regulate and discourage uses not compatible with, or detrimental to the safety, health, attractiveness, and general well-being of the Town.
3. Definitions
For the purpose of this Local Law certain terms or words herein shall be interpreted or defined as follows:
•· Words used in the present tense include the future tense.
•· The singular includes the plural.
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•· The word "person" includes a corporation or a partnership as well as an individual.
•· The word "lot" includes the word "plot" or "parcel."
•· The term "shall" is always mandatory.
•· The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged, or designed to be used or occupied."
Accessory Building, Structure or Use: A building, structure or use customarily incidental and subordinate to the principal building or use and located on the same lot with such principal building or use.
Agriculture: The use of land for agricultural purposes, including farming, horticulture, floriculture, keeping of farm animals, and such accessory uses incidental to normal agricultural activities.
Agriculture, limited: The use of land for agricultural activities provided no more than two (2) customary farm animals are kept on the lot.
Automobile (Motor Vehicle) (Auto): Any "motor vehicle" as defined in the Vehicle and Traffic Law of the State of New York. (Added Dec. 28, 1995. Local Law 5-1995)
Automobile or Mobile Home Sales: An open area, other than a street or public place, used for the display, barter, purchase, sale or rental of new or used motor vehicles or mobile homes, and where repair work is done except minor incidental repair of vehicles to be displayed, sold or rented on the premises. (Added Dec. 28, 1995. Local Law 5-1995)
Boarding/Rooming/Tourist House: A dwelling owned and occupied by one (1) family with four (4) or less rented rooms in the same house.
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Car Wash: A commercial building or structure used for the washing and cleaning of motor vehicles for profit. (Added Dec. 28, 1995. Local Law 5-1995)
Dwelling. A dwelling is any building or structure or portion thereof which is occupied in whole or in part as the home, residence or sleeping place of one or more human beings. (Added January 15, 1997 as Local Law 1-1997)
Electrical Distribution Substation: An assembly of equipment designed to receive energy from a high-voltage distribution supply system, to convert it to a form suitable for local distribution and to distribute the energy to feeders through switching equipment designed to protect the service from the effects of faults. (Added Dec. 28,1995. Local Law 5-1995)
Family:
A. any number of individuals related by blood, marriage or adoption, and their domestics and servants, if any, living and cooking together on the premises, as a single housekeeping unit.
B. not more than two (2) persons, living and cooking together on the premises as a single housekeeping unit though not related by blood, marriage or adoption, or
C. more than two (2) persons not related by blood, marriage or adoption, living together on the premises as a functional family unit. (Added Dec. 28, 1995. Local Law 5-1995)
Freight or Trucking Terminal: A plot of land or structure intended for the commercial activity of parking trucks as part of a trucking business or for the dispatching, trans-shipment, storage or receiving of cargo and material, together with its necessary services to maintain itself and its function. (Added Dec. 28, 1995. Local Law 5-1995)
Haulageway: All roads utilized for mining purposes, together with that area of land over which material is transported, that are located within the permitted area. (added Local Law 2-1999, adopted October 7, 1999)
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Home Occupation: Any customary use conducted entirely within a dwelling or accessory structure employing the inhabitants and not more than two (2) non-inhabitants thereof, which is clearly incidental and secondary to residential occupancy, and does not change the character thereof nor, with the exception of a permitted sign, have any exterior evidence of such secondary use and is limited to one-half (1/2) the gross floor area of the principal structure or 750 square feet in an accessory structure. Specifically excluded are:
A. Window displays
B. Indoor and/or outdoor storage or display of merchandise or equipment incidental to such home occupation which is visible from off the lot on which the home occupation is located,
Home occupations permitted under this Local Law are as follows:
•1. Art studio
•2. Appliance repair
•3. Bait shop
•4. Barber/beauty shop
•5. Catering
•6. Furniture restoring
•7. Insurance sales
•8. Music instruction
•9. Photographic studio
•10. Printing shop
•11. Professions licensed by Title VIII of the New York State Education Law
•12. Real estate sales
•13. Tailoring
•14. Tutoring
•15. Watch Repair
•16. Computer consulting or sales
•17. Tax preparation
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18. Pre-school or day care services
Home occupations not specifically listed above shall be allowed only by special permit issued by Board of Appeals upon satisfaction that the public convenience and welfare will be served and the appropriate use of neighboring property will not be inured. (Added Dec. 28, 1995. Local Law 4-1995)
Junkyard: An area of land used for or occupied by a deposit, collection, or storage, outside a completely enclosed building, of used or discarded materials such as wastepaper, rags or scrap material, used building materials, home furnishings, machinery, vehicles or parts thereof.
Lot: A parcel of land occupied or capable of being occupied by one (1) principal building and accessory buildings or uses, including such open spaces as are required by this Local Law provided, however, that no more than 25% of the mean area required of a lot in any Zoning District may be fulfilled by land which is under water or within the "regulatory floodway" as defined in Town of Colesville Local Law No. 3 of the Year 1992 entitled "A Local Law for Flood Damage Prevention as Authorized by the New York State Constitution, Article IX, Section 2, and Environmental Conservation Law Article 36" and as the same may be amended from time to time hereafter. (Amended Dec. 28, 1995. Local Law 5-1995)
Lot Depth: The mean horizontal distance between the front and rear lot line. Measurement shall be from the street or highway right-of-way line to opposite rear lot lines. (Added 12-2891)
Lot Width: The mean horizontal width measured at right angles to its depth. (Added 12-28-91)
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Manufactured Housing: A building produced in a factory, intended for long-term residential use and designed to be transported to a site for installation and use when connected to required utilities. This may be in one or more pieces, but does not include prefabricated panels, trusses, plumbing sub-systems, or similar prefabricated sub-elements.
Mine: Any excavation from which a mineral is to be produced for sale or exchange, or for commercial, industrial or municipal use; all haulageways and all equipment above, on or below the surface of the ground used in connection with such excavation, and all lands included in the life of the mine review by the New York State Department of Environmental Conservation. (added Local Law 2-1999, adopted October 7, 1999)
Mining: The extraction of overburden and minerals from the earth; the preparation and processing of minerals, including any activities or processes or parts thereof for the extraction or removal of minerals from their original location and the preparation, washing, cleaning, crushing, stockpiling or other processing of minerals through sale or exchange, or for commercial, industrial or municipal use; and the disposition of overburden, tailings and waste at the mine location.
"Mining" shall not include the excavation, removal and disposition of minerals from construction projects, exclusive of the creation of water bodies, or excavations in aid of agricultural activities; (added Local Law 2-1999, adopted October 7, 1999)
Mining Plan: A description of the applicant's mining operation which shall include maps, plans, written materials and other documents required by the New York State Department of Environmental Conservation. (added Local Law 2-1999, adopted October 7, 1999)
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Multiple dwelling. A dwelling which is either rented, leased, hired out, to be occupied, or is occupied as the temporary or permanent residence or home of three or more families living independently of each other. (Added January 15, 1997 as Local Law 1-1997)
Mobile Home: Any portable vehicle which is not less than 10' x 40' in size and which is designed to be transported on its own wheels or those of another vehicle which is used, designed to be used or capable of being used as a detached single-family residence and which is intended to be occupied as permanent living quarters containing sleeping accommodations, complete plumbing facilities and electrical connections for attachment to outside systems. This definition includes all additions which are purchased and added thereto subsequent to installation, but does not include a modular house placed on a standard foundation or a travel trailer. (Added Dec. 28, 1995. Local Law 5-1995)
Mobile Home Park: Any parcel of land of land containing at least 10 acres of land with common, undivided ownership upon which tow or more mobile homes, occupied for dwelling or sleeping purposes, are located and occupied more than thirty (30) consecutive days regardless of whether a charge is made for such accommodation. (Added Dec. 28, 1995. Local Law 5-1995)
Motel/Hotel: A building with five (5) or more guest rooms for rent, which may include other facilities such as restaurants, meeting rooms, and recreational facilities.
Nursing/Convalescent/Group Homes: A building used to house people with health problems. Only buildings under the direction and supervision of trained medical or mental health professional shall qualify.
Overburden: All of the earth, vegetation and other materials which lie above or alongside a mineral deposit. (added Local Law 2-19999, adopted October 7, 1999)
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Person: Any individual, public or private corporation, political subdivision, government agency, department or bureau of the state, municipality, industry, partnership, association, firm, trust, estate or any other legal entity whatsoever. Reclamation: means the conditioning of the affected land to make it suitable for any uses or purposes consistent with the provisions of the Environmental Conservation Law. (added Local Law 2-1999, adopted October 7, 1999)
Principal Building Use: The primary or main use of land or a structure. There shall be no more than one (1) primary building or use on a parcel of land.
Private Garage: A building, accessory to a dwelling located on the same lot, used exclusively for the parking or temporary storage and minor repairs of motor vehicles, boats, trailers and farm equipment owned by the landowner. (Added Dec. 28, 1995. Local Law 5-1995)
Public Utility Use: A building or lot used for or in connection with the transmission, distribution or regulation of water, sewer, gas, electric, telephone, or other public utility service. (Added Dec. 28, 1995. Local Law 5-1995)
Recreation center. Any indoor place or enclosure which is maintained or operated for the amusement, patronage or recreation of (1) the occupants of a multiple dwelling and their guests, and (2) the general public. (Added January 15, 1997 as Local Law 1-1997)
Reclamation Plan: A description of operations to be performed by the applicant for a mining permit to reclaim the land to be mined over the life of the mine. The reclamation plan shall include maps, plans, the schedule for reclamation, written material and other documents as required by the New York State Department of Environmental Conservation. (added Local Law 2-1999, adopted October 7, 1999)
Residence/Dwelling Unit: A building, or portion thereof, used by one (1) family, which normally includes kitchen facilities, bathroom facilities, sleeping and living quarters.
Residence, Multi-family: Residences with three (3) or more dwelling units
Restaurant: An establishment for the sale or consumption of food and beverages, including alcoholic beverages, whether consumption occurs on or off the premises.
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Retail and Personal Service Business: Retail businesses shall include stores and shops for the sale of retail goods and department stores, excluding vehicle service stations. Personal service businesses shall include beauty shops, barber shops, shoe repairs, and other similar services of a personal nature. (Amended Dec. 28, 1995. Local Law 5-1995)
Self-Service Storage Facility: An enclosed single story building consisting of a number of individual storage bays with doors, available for rent or lease by the general public and primarily for the housing of goods, merchandise, and household items. (Added by Local Law 2-2006, adopted August 14, 2006)
Setback:
Back: The minimum distance to a structure as measured from the rear property line.
Side: The minimum distance to a structure as measured from any property line other and a street or rear lot line.
Street: The minimum distance to a structure as measured from the street right-of- way. On corner lots, both yards bordering the street shall be considered as street setbacks.
Shopping Mall/Plaza: A lot used for two (2) or more commercial establishments which relate to a common parking area and a common vehicular circulation pattern.
Sign: Any identification, description, illustration or device, illuminated or non-illuminated, which is visible from any public place or is locate don private property and exposed to the public and which directs attention to a product, service, place, activity, person, institution or business, including any emblem, painting, or placard designed to advertise, identify, or convey information.
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Special Use Permit Required from the Zoning Board of Appeals: (amended Local Law 2-1999, adopted October 7, 1999) A permit procedure which allows certain uses identified in the schedule of regulations that are deemed appropriate in some locations, but only if certain specified conditions are met.
Spoil: Any waste material removed from its natural place in the process of mining and all waste material directly connected with the cleaning and preparation of any mineral.
Tailings: means material of inferior quality or value resulting from the removal, preparation or processing of minerals. (added Local Law 2-1999, adopted October 7, 1999)
Use, Non-Conforming: Any building, structure, or land existing at the effective date of this Local Law which does not conform to the requirements of the district in which it is located.
Variance. Area: The authorization by the Zoning Bard of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable land use regulations. (Amended Dec. 28, 1995. Local Law 5-1995)
Variance. Use: The authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable land use regulations. (Amended Dec. 28, 1995. Local Law 5-1995)
Vehicle Service Station: A lot and/or structure used for any commercial activity involving the repairing, temporary storing or parking, painting or servicing automobiles or other motor vehicles or selling and installing into automobiles or other motor vehicles, fuel, lubricants, parts or accessories. (Added Dec. 28, 1995. Local Law 5-1995)
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Wholesale Businesses: The sale of goods in large quantities on the basis of wholesale prices either to consumers or business customers. (Added Dec 28, 1995. Local Law 5-1995)
•1.Land Use Districts
4.1 Establishments of Districts: For the purposes of this Local Law, the Town of Colesville is divided into the following districts:
A. Rural/Agricultural (R/AG): The purpose of this district is to promote agricultural, rural residential, and recreational land uses within the Town, while protecting the environmental quality of the Town's less developed land and preserving the rural character of the community.
B. Residential (RI): The purpose of this district is to provide areas within the Town of Colesville to preserve and encourage residential developments and compatible activities. Land may be developed to a greater density in areas capable of sustaining sewage disposal and delivery of water.
C: Commercial (C): The purpose of this district is to promote retail business activities in convenient locations and to minimize conflict with residential areas.
NOTE: Local Law 4-1996 adopted April 4, 1996 zoned and designated the following properties on Circle Drive, Station Drive, County Highway 303 and New York State Route 7 as Commercial (C):
Broome county Tax Map No.__________________Reputed Owner
5-1-1251 Gale Bump
5-2-29S1 Steve Kanuk
5-2-29S2 Closser & Son Inc.
5-2-30X Closser & Son Inc.
5-2-29 (only to a depth of 209.15') Donald E. O'Dell and Dorothy Carroll
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D. Industrial-(I): The purpose of this district is to provide areas in the Town suitable for industrial development, while protecting environmental quality, public health, safety, and appearance of the Town. Industries are welcomed, provided that such uses shall not create a nuisance or be injurious to adjoining property by reason of the production or emission of dust, smoke, refuse matter, odor, gas fumes, noise, vibration, or similar substance or conditions.
E. Planned Mobile Home District (Added July 5, 1990, Local Law No. 3-1990):
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Section 1. It is the purpose and intent of this residential district to provide for areas within the Town of Colesville where mobile homes may be located in an environment with all the amenities of other residential areas in the Town of Colesville. In promoting the general purpose of the Law, it is the specific intent of this Section:
•1. to promote alternative residential living styles.
•2. to permit mobile home park development.
•3. to provide areas with all the amenities generally associated with residential areas in the Town of Colesville.
Section 2. The standards for Planned Mobile Home Development District are to provide the Planning Board with a means to evaluate applications for these districts consistent with the provisions and general intent of the Land Use Local Law and the Comprehensive Plan of the Town of Colesville.
Section 3. After the adoption of this Local Law, the procedure for obtaining a change in zone to permit development as a Planned Mobile Home Development District shall be as follows:
1. The owner (or agent thereof, hereinafter referred to as "owner") of the land shall apply in writing and shall submit four (4) copies of a preliminary development plan and application for change of zone as described in part 2 of this section to the Town Board, which shall refer the same to the Planning Board to prepare recommendations with regard to the preliminary development plan and proposed change of zone.
2. Such preliminary development plan shall include at least the following information:
a. Survey of the property, showing existing features of the property, including coutours, buildings, structures, trees over four inches in trunk diameter, streets, utility easements, right-of-way and adjacent land use.
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b. Proposed site plan, showing mobile home lots, building locations, if any, occupancy and land use areas.
c. Proposed traffic circulation, parking areas, pedestrian walks and landscaping.
d. Proposed construction sequence for mobile home lots, buildings, parking spaces and landscaping areas.
3. The Planning Board, after determining that the requirements of the Land Use Local Law, Local Law No. 2-1984 as herein amended dealing with Planned Mobile Home Development Districts have been met, shall recommend the approval, approval with modifications, or disapproval of the zone change to the Town Board. The Planning Board shall enter its reasons for such action in its record, and transmit its findings by resolution to the Town Board within seventy-five (75) days of receipt of the application. Failure to act within seventy-five (75) days of receipt of the application will permit the Town Board to act without the Planning Board's recommendation. The Planning Board may recommend the establishment of a Planned Mobile Home Development District provided that it finds the facts submitted with the preliminary development plan establish that:
a. The uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which could not be achieved together under any other single district.
b. Land surrounding the proposed development can be developed in coordination with the proposed development and be compatible in use.
c. The proposed change to a Planned Development District is in conformance with the general intent of the Comprehensive Plan of the Town of Colesville.
d. Existing and proposed streets are suitable and adequate to carry anticipated traffic within the proposed district and in the vicinity of the proposed district.
e. Existing utility services are adequate for the proposed development
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•a. Each phase of the proposed development, as it is proposed to be completed contains the required parking spaces, landscape and utility areas necessary for creating and sustaining a desirable and stable environment.
•4. After receipt of the Planning Board's written recommendations, public notice shall be given and a public hearing held by the Town Board.
•5. After the public hearing, the Town Board may amend the land Use Local Law so as to define the boundaries of the Planned Mobile Home Development District., bus such action shall have the effect only of granting permission for development of the approved preliminary development plan proposal, in accordance with the Land Use Local Law within the area so designated. If the zone change is approved by the Town Board, the appropriate notation to that effect will be made on the face to four (4) copies of the preliminary development plan. One (1) copy will be retained by the Town clerk, one (1) copy will be given to the Planning Board, one (1) copy will be returned to the owner, and one (1) copy given to the Town Building Inspector.
•6. The resolution by the Town Board amending the Land Use Local Law for the Planned Mobile Home Development District shall specify the time period for completion of the development planned shall indicate that the appropriate action will be taken to revert the zoning if the development deadline is not met.
Section 4.
After any necessary zoning change has been completed pursuant to Section 3 and the preliminary development plan has been reviewed pursuant to Section 3, the owner shall submit his final development plan to the Planning Board for review, prior to the issuance of a building permit and a mobile home park license. Plans and specifications shall bear the signature of the person certifying the design and drawings and the seal of a licensed architect or licensed professional engineer. In addition, he shall provide:
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•1. Site plan showing proposed building location and land use areas.
•2. Traffic circulation, required parking and loading areas, and pedestrian walks.
•3. Landscaping plan including site grading and landscape planting and structures.
•4. Preliminary drawings of the mobile home lots to be constructed in the current phase, including the information required by Local law No. 4-1981 for Mobile Home Parks and Trailer Camp Grounds.
•5. Engineering plans, including street improvements, drainage systems, and water and sewerage facilities bearing the stamp of approval of the Broome County Health Department.
•6. Engineering feasibility studies for the solution of any anticipated problems which might arise due to the proposed development, as required by the Planning Board.
•7. Construction sequence and time schedule for completion of each phase for buildings, mobile home lots, parking space and landscaped areas, if applicable.
•8. "As built" drawings for number 2, 3, and 5 above, by phase. This development plan shall be in general conformance with the approved preliminary development plan. Approval for each phase of the development plan shall be secured by the owner from the Town Planning Board. Such approval for each phase shall be valid for two (2) years, at which time, the proposed development plan approval shall terminate.
Section 5.
The Planning Board, after determining that the requirements of the Land Use Local Law dealing with Planned Mobile Home Development Districts have been met, shall approve, approve with modifications, or disapprove of the final development plan. The Planning Board shall enter its reasons for such action in its record.
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F. Multiple Dwelling (MD): The purpose of this district is to provide areas within the Town suitable for multiple dwellings and other structures accommodating residential dwelling facilities for three or more families. (Added January 15, 1997 by Local Law 1 - 1997)
Note: Local Law 2-1997adopted January 15, 1997 in response to the application of Chenango Housing Improvement Program, Inc, rezoned and designated as being in the Multiple Dwelling (MD) District a portion of tax map parcel 101.071-17 described more particularly as follows:
All the certain lot, piece or parcel of land situate, lying and being on the South-westerly side of NYS Route 79 (SH1106) in the Town of Colesville, County of Broome, and State of New York, bounded and described as follows:
BEGINNING at a 5/8 rebar with cap at the intersection of the division line between the property owned by Southern Tier Community and Labor Aid, Inc on the south and the property now of formerly owned by John F. Gates and Sharon S. Gates on the North with the Southwesterly boundary of NYS Route 79 (SH1106), said rebar being Southeasterly measured along said boundary, a distance of 257.89 feet from a point in its intersection with the existing Southerly boundary of Monroe Street.
RUNNING THENCE along said Southwesterly boundary the following tow (2) courses and distances: (1) South 29 degrees 25 minutes 56 seconds East, a distance of 132.05 feet to a 5/8 inch rebar with cap; thence through the property owned by Southern Tier Community and Labor Aid, Inc. the following tow (2) courses and distances; (1) South 66 degrees 01 minutes 24 seconds West, a distance of 504.66 feet to a 5/8 inch rebar with cap; (2) thence South 19 degrees 24 minutes 22 seconds East, a distance of 268.01 feet to a 5/8 inch rebar with cap at its intersection with the division line between said property owned by Southern Tier Community and Labor Aid, Inc. on the Northwest and the property now or formerly owned by George Gilg and Mary Gilg on the Southeast; thence South 58 degrees 54 minutes 38 seconds West along said division line, a distance of 104.16 feet to a 5/8 inch rebar with cap at its
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intersection with the division line between said property owned by Southern Tier Community and Labor Aid, Inc. on the East and said property now or formerly owned by George Gilg and Mary Gilg on the West; thence North 15 degrees 22 minutes 05 seconds west along the last mentioned division line and along the division line between said property owned by Southern Tier Community and Labor Aid, Inc. on the East and the property not or formerly owned by Edward W. Menhennett and Leitha G. Menhennett on the West, a distance of 216.32 feet to a 5/8 inch rebar with cap; thence continuing along the last mentioned division line the following three (3) courses and distances: (1) North 17 degrees 03 minutes 52 seconds West, a distance of 314.02 feet to a 5/8 inch rebar with cap; (2) thence North 17 degrees 58 minutes 38 seconds West, a distance of 163.49 feet to 5/8 inch rebar with cap; (3) thence North 15 degrees 05 minutes 11 seconds West, a distance of 62.86 feet to a 5/8 inch rebar with cap at its intersection with the division line between said property owned by Southern Tier Community and Labor Aid, Inc. on the South and the property now or formerly owned by Robert A. Guley and Ruth A. Guley on the North; thence North 79 degrees 58 minutes 44 seconds East along the last mentioned division line and along the division line between said property owned by Southern Tier Community owned by Robert A. Guley and Ruth A. Guley on the North, a distance of 190.45 feet to a 5/8 rebar with cap; thence North 76 degrees 53 minutes 17 seconds East continuing along the last mentioned division line and along said first mentioned line, a distance of 312.40 feet to the POINT OR PLACE OF BEGINNING. Containing 249,664 square feet or 5.7315 acres, more or less.
Subject to any Municipal, Public, or Private easements in existence or of record. The above described parcel being a portion of the property acquired by Southern Tier Community and Labor Aid, inc. by Deed recorded in the Broome County Clerk's Office in Liber 1852 at Page 1379 on July 10, 1995.
All bearings are referred to True North at the 76 degree 35 minute Meridian of West Longitude. The above described parcel is as shown on a map entitled "Parcel to be Conveyed, New York State Route 79, Harpursville, Town of Colesville, Broom County, New York State", as prepared by
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Hawk Engineering, PC, Binghamton, New York dated November 22, 1996. (TMN: 101.17-1-17, HE File 96884.21).
4.2 Land Use Map
The boundaries of these districts are indicated on a map entitled, "Town of Colesville Land Use Map," adopted as a part of this Local Law, which with all explanatory matter thereon, is made part of this Local Law. The Map shall be filed in the office of the Town Clerk and be available for public inspection.
4.3 District Boundaries
In determining the boundaries of districts shown on the Map, the following rules shall apply:
A. Where district boundaries are so indicated that they approximately follow lot lines, such lot lines shall be construed to be said boundaries.
B. Where a district boundary is shown following a street, highway, road, right-of-way, a public utility right-of way, a railroad or a stream, river or watercourse, the boundary is respectively the center line of such physical feature.
C. In the absence of a specified distance being indicated on the Land Use Map, the distances shall be determined by using the map scale.
D. If uncertainty exists, the district boundary shall be determined by the Board of Appeals.
4.4 Lots In More Than One District:
Where a district boundary line divides a lot, the regulations for either portion of the lot may, at the owner's discretion, extend to the entire lot, but not more than twenty -five (25) feet beyond the boundary line of the districts.
4.5 District Regulations
(See Schedule of Regulations, inserted at end of this section.)
Supplementary Regulations Applying to All Districts
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5.1 Landfills
Sanitary landfills, sludge disposal which does not meet NYS DEC Part 360 Guidelines for landspreading, leachate treatment, toxic waste facilities, and similar uses are prohibited in all districts.
5.2 Development in Floodplain
In addition to adhering to appropriate district regulations, development of building in areas of special flood hazard shall meet the requirements of the Local Law No. 3-1992 of the Town of Colesville entitled, "A Local Law for Flood Damage Prevention as Authorized by the New York State Constitution, Article IX, Section 2, and Environmental Conservation Law Article 36, "as amended. (Amended 12-28-95. Local Law 5-1995)
5.3 Subdivision
Any parcel of land broken into four (4) or more parcels must meet the requirements of the Town of Colesville Subdivision Regulations adopted December 5, 1991, as amended. (Amended 12-28-95. Local Law 5-1995))
5.4 Off-street Parking and Loading
Buildings constructed, new uses, or substantial renovation, as defined by the New York State Uniform Fire Prevention and Building Code, started after the effective date of this Local Law shall meet the following off-street parking and loading requirements;
A. For buildings having more than one use, parking space(s) shall be provided as required for each use. The minimum size of a parking space shall be 9 feet wide and 18 feet long. For uses where parking is not specified in the Schedule of Regulations, parking requirements shall be determined by the Town Planning Board.
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For the purpose of computing required parking space, building floor area consists of all interior floor space excluding basements and attics used for storage.
C. A minimum of one off-street loading space shall be provided for any commercial or industrial building. Each loading space shall be, at a minimum, 12 feet wide and 30 feet long. Said loading space shall be adjacent to the principal structure and shall not block traffic flow or parking spaces.
5.5 Sign Regulations
A Purpose.
Sign regulations are designed to achieve the following purposes:
1. To protect property values, create a more attractive business climate, and protect the appearance of the community.
2. To reduce the number of distractions or obstructions that may pose traffic hazards.
B. General Sign Regulations
1. My illuminated sign or lighting device shall employ only lights emitting a light of constant intensity, and no sign shall be illuminated by or contain flashing, intermittent, rotating, or moving light or lights. The lighting of signs shall be diffused and directed away from adjoining properties, curbs, or roadways.
2. One side of a double-sided sign shall be measured to determine the size of the permitted sign.
C. Permitted Sign
1. Home Occupation Sign
A sign which directs attention to a profession or service located in a residence.
Said sign shall not exceed three (3) sq. Ft. in area.
114-2
Home occupation signs shall be permitted in R and R/Ag Districts.
2. Business/Industrial Sign
A sign which directs attention to a commercial use, industry, profession, commodity service, or entertainment sold or offered upon the same premises where the sign is located.
For any permitted commercial or industrial use located within a Residential (R) District or within a Rural/Agricultural (R/AG) District one such sign not exceeding thirty-two (32) square feet in area shall be permitted.
For any commercial or industrial use located within a Commercial (C) District or within an Industrial (I) District total permitted signage (area of all signs) shall not exceed one hundred (100) square feet and no individual sign shall exceed eighty (80) square feet
3. Informational, Directional, and Other Sign Types
A sign used for the purpose of identifying the name or location of an institutional use, outdoor recreational use, publicly owned structures and uses, public facilities, and signs to advertise the availability of rental units, subdivision lots, houses, and other similar uses. Said sign shall not exceed sixteen (16) square feet in area.
Informational and Directional signs shall be permitted in all districts.
(Amended Sept 7, 1898)
D. Regulations and Limitations of Permitted Signs
1. Setback
A sign which obstructs vision below 6 feet from grade shall be set back 5 feet from the right-of-way from which it is intended to be viewed.
2. Number of Signs
114-3
One (1) sign is permitted for each use or business on a lot, or a number of sins having a total area not exceeding the size limit specified for said sign type and district.
3. Height
The top of a sign shall not exceed 20 feet in height, measured from grade.
4. Minimum Clearance
Where a sign projects over a traffic area, such as a driveway or parking lot aisle, the minimum clearance between the bottom of the sign and the ground shall be 15 feet.
5. Maintenance and Repair
Every sign shall be maintained in a safe, presentable, and good structural condtition at all times.
5.6 Non-Conforming Uses
Lawful uses occurring on any property at the time this Local Law is adopted may be continued, although the use may not conform with the Local Law. However, a non-conforming use which is abandoned for one (1) year shall not be permitted to be reestablished as a non-conforming use.
5.7 Landscaping
Landscaping to screen commercial uses, industrial uses, and parking lots with five (5) or more spaces from neighboring properties shall be required if a natural or man-made landscape buffer does not exist.
5.8 Electrical Distribution Substations and Other Public Utility Structures (Added Dec. 28, 1995. Local Law 5-1995)
Electrical Distribution Substations and other public utility structures may be permitted in any district provided.
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A. A facility, when not housed in a completely enclosed structure, shall be enclosed with a fence set back from property lines in accordance with the yard requirements as set forth for principal structures for the district in which said facility is located.
B. Appropriate landscaping shall be provided, in conformity with the district in which such facility is located.
C. The facility shall not involve business offices, storage areas, or structures requiring trucking or traffic movements.
D. At no point at the boundary of said public utility site shall the sound pressure levels exceed tolerable levels in accordance with accordance with accepted standards as determined by Broome County Health authorities.
E. No minimum lot size shall be required.
5.9 Application of Regulations. (Amended by Local Law 2-2006 adopted August 14, 2006)
No building or structure shall hereafter be constructed, used or occupied, and no part of any building or structure shall hereafter be moved or altered, and no lot shall hereafter be used or occupied except in conformity with the schedule of regulations herein set forth for the district in which the same is located. Unless the construction, use, occupancy, moving or alteration of a building or structure, or the use or occupancy of a lot is specifically permitted under the provisions of this local law, such use, occupancy, moving or alteration is prohibited by this local law.
6. Administration
This Local Law shall be enforced by the building inspector, who shall be appointed by the Town Board. The Building inspector shall issue a building permit or certificate of occupancy if the applicant has met all applicable provisions of this Local Law and all applicable provisions of the New York State Uniform Fire Prevention and Building Code, as amended. Building Permits and
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Certificates of Occupancy shall be administered in accordance with the said Building Code. (Amended Dec. 28, 1995. Local Law 5-1995)
6.1 Violations and Penalties
A violation of this Local Law is an offense punishable by a fine not exceeding three hundred and fifty dollars or imprisonments for a period not to exceed six months, or both for conviction of a first offense; for conviction of a second offense both of which were committed within a period of five years, punishable by a fine not less than three hundred fifty dollars no more than seven hundred dollars or imprisonments for a period not to exceed six months or both; and, upon conviction of a third or subsequent offense all of which were committed within a period of five years, punishable b y a fine not less than seven hundred dollars nor more than one thousand dollars or imprisonments for a period not to exceed six months, or both. In addition to the above provided penalties, the Town of Colesville may maintain an action or proceeding in the name of the Town of Colesville in a court of law of competent jurisdiction to compel compliance with or to enjoin further violation of this Local Law. (Amended Dec. 28, 1995. Local Law 5-1995)
6.2 Public Notice of Hearing (Added Dec. 28, 1995. Local Law 5-1995)
A. Newspaper. Due notice of any public hearing required hereunder shall be published in the official newspaper of the Town of Colesville at least ten (10) days prior to the date thereof.
B. Mailing. At least seven (7) days prior to the public hearing, notice thereof shall be sent by certified mail, return receipt requested, to the owners of record of all properties within a distance of 1000 feet of the subject property on both sides of the street on which the property fronts, and the adjoining property owner or owners to the side and rear of the property affected immediately adjacent extending five hundred feet therefrom, from a list of said owners prepared by the Town Enforcement Officer and furnished to the applicant.
C. Verification of notice of mailing. Verification of notice of mailing, consisting of the return receipt form (PS Form 3811) from the post office, shall be submitted at the public hearing.
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D. Cost. The cost of publication and mailing a required notice of public hearing shall be borne by the applicant.
7. Site Plan Review
The Town Planning Board is authorized by the Town Board to conduct site plan reviews. The Planning Board shall have the authority to approve, approve with conditions, or disapprove site plans where such review is required. When site plan review is mandated, an approval by the Planning Board is required before any building permit or certificate of occupancy shall be issued.
7.1 Procedure
Site plans shall be submitted to the building inspector who shall transmit the plans to the Town Planning Board. The Planning Board shall adopt rules and regulations necessary to establish a review procedure.
Two (2) copies of the site plan shall be submitted to the building inspector containing the information required by the building code, as well as the following:
A. Location, layout, and dimensions of off-street parking and loading facilities; vehicular entry, exit, and circulation on the site and neighboring roads;
B. Grading and drainage plan for the site;
C. Sewage disposal plan approved by the Broome County Department of Health; and
D. Projected number of seating or employees to determine parking requirements.
E. Any other engineering, landscaping, or similar information which the Planning Board may require for the review process.
7.2 Review Criteria
The Planning Board shall consider public health, safety, and welfare during the review process, as well as the following:
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A. Vehicular entry and exits shall be adequate in terms of visibility, width, grade, and alignment.
B. Circulation and off-street parking shall be functional and easily accessible.
C. Buildings, structures, lighting, signs, and uses shall be compatible with the character of the adjoining lots and the neighborhood.
D. The design, layout, and operational characteristics of the proposed use to not create a negative impact on the environment or adjacent lots.
E. Site plan review shall be conducted in conformance with all applicable provisions of the State Quality Review Act (SEQR) and related local law.
8. Board of Appeals
8.1 Establishment
A Board of Appeals is created which shall consist of five (5) members. The Town Board shall appoint the Board of Appeals and a chairman. The Board of Appeals shall appoint a secretary and shall develop rules for the conduct of its affairs.
8.2 Powers and Duties
The Board of Appeals shall have the powers and duties prescribed by law and by this Local Law as follows:
A. Interpretation
Upon appeal from a decision made by an administrative official, to decide any question involving the interpretation of any provision of this Local Law.
B. Variances
1. The Board of Appeals may vary the requirements of the Local Law where permitted to do so by statutory and case law of the State of New York.
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In granting any variance, the Board of Appeals shall prescribe any conditions that it deems necessary to promote the objectives of this Local Law.
8.3 Procedures
A. The Board of Appeals shall adopt rules for the conduct of its business and act in accordance with the procedure specified by law and by this Local Law
B. All appeals and applications made to the Board of Appeals shall be in writing in a format prescribed by the Board.
C. The Board of Appeals may seek recommendation from the Town Planning Board and other agencies as it deems necessary.
D. Hearings shall be public and decisions shall be voted upon in public sessions.
E. Decision of the Board of Appeals shall contain findings supporting the decision. Each decision and the record of each proceeding shall be filed with the Town Clerk.
9. Special Use Permits Required from the Zoning Board of Appeals (amended Local Law 2-1999, adopted October 7, 1999)
A) The Board of Appeals is empowered by the Town Board to issue special use permits for allowed uses as set forth in the Land Use District Schedule. After due notice and a public hearing, the Zoning Board of Appeals may issue a special use permit for uses which meet the following criteria:
1) The applicable provisions prescribed for each special use permit use have been met.
2) The land use or activity conforms with all applicable regulations governing the zoning district where it is to be located, and all other applicable provisions for the district for which the said use is permitted have been met.
3) That the land use or activity is to be designed, located and operated so as to protect the public health, safety and welfare.
That the land use or activity will encourage and promote a suitable and safe environment for
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4) the surrounding neighborhood and will not cause substantial injury to the value of other property in the neighborhood.
5) That the land use or activity will be compatible with existing adjoining development and will not adversely change the established character or appearance of the neighborhood.
6) That effective landscaping and buffering is provided as may be required by the Zoning Board of Appeals.
9.1 Retail, Personal Service, and Vehicle Service Station Businesses in Rural/Agricultural District (Amended Dec 28, 1995. Local Law 5-1995)
The purpose of this special permit is to provide for scattered, small retail, personal service, and vehicle service station businesses which may occur throughout the more rural areas of the Town, while preserving the character of the community. Retail, personal service, and vehicle service station businesses shall be permitted in the Rural/Agricultural District upon obtaining a special permit from the Board of Appeals, provided as follows:
A. The maximum permitted sign for such a business shall not exceed sixteen (16) square feet.
B. Such a business use shall not create excessive traffic, noise, odors, or other nuisances detrimental to the character of the area.
10. Amendments
The Town Board may amend this Local Law in accordance with the Town Law of the State of New York.
11. Conflict with Other Laws
Whenever the requirements of this Local Law are in conflict with another law or statute, the
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most restrictive standard shall apply. The invalidity of any section or provision of this Local Law shall not invalidate any other section.
13. Effective Date
Upon enactment by the Town Board, this Local Law shall become effective as provided by law.
Amended April 14, 1996 by Local Law 4-1996 as follows:
14. Telecommunications Towers, Antennae and Related Facilities (added Local Laws 2-1998)
14.1 Purpose and Legislative Intent
The Telecommunications Act of 1996 (herein after referred to as the Act), in effect, affirmed the authority of a local government, such as the Town of Colesville, over decisions regarding the placement, construction and modification of personal wireless service facilities.
The Town Board of the Town of Colesville finds and determines that Telecommunications Towers and related facilities may pose a unique hazard to the safety, public welfare and environment of the Town of Colesville and its inhabitants. The Town also recognizes that facilitating the development of wireless service technology can be an economic development asset to the Town and of significant benefit to the Town and its residents. In order to insure that the placement, construction and modification of Telecommunications Towers and related facilities is consistent with the Town's land use policies, the Town is adopting a single, comprehensive, Telecommunications Tower application and permit process. The intent of this local law is to minimize the negative impact of Telecommunications Towers, establish a fair and efficient process for review and approval of applications, assure an integrated, comprehensive review of the environmental impacts
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of such facilities, and protect the health (consistent with the Act), safety and welfare of Town of Colesville and its residents.
14.2 Title This Local Law may be known, cited, and referred to as the Telecommunications Tower Siting and Special Use Permit Local Law of the Town of Colesville. For purposed of section 14 of The Land Use Local Law, this Local Law may be known, cited, and referred to as the Law.
14.3 Severability.
A. If any word, phrase, sentence, part, section, subsection, or other portion of this Law or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason then such word, phrase, sentence, part, section, subsection, or other portion, or the proscribed application thereof, shall be severable, and the remaining provisions of this Law, and all applications thereof, not having been declared void, unconstitutional, or invalid, shall remain in full force and effect. The invalidity of any provision of this Law shall not affect the validity of any other provision of this Law which can be given effect without such invalid provision.
B. Any Tower special use permit issued under this Law shall be comprehensive and not severable. If any part of a Tower Special Use Permit issued hereunder is deemed or ruled to be invalid or unenforceable in any material respect, by a competent authority, or is overturned by a competent authority, the permit shall be void in total, upon election by the Board.
14.4 Definitions.
For purposes of this Law, and where not inconsistent with the context of a particular section, the defined terms, phrases, words, abbreviations, and their derivations shall have the meaning given
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in this Section. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number and words in the singular number include the plural number. The word "shall" is always mandatory, and not merely directory.
1. "Accessory Facility or Structure" means an accessory facility or structure serving or being used in conjunction with a Telecommunications Tower, and located on the same property or lot as the Telecommunications Tower, including but not limited to, utility or transmission equipment storage sheds or cabinets.
2. "Act" means the Telecommunications Act of 1996
3. "Applicant" means and shall include any individual, corporation, estate, trust, partnership, joint venture, association of two (2) or more persons, limited liability company, or any other entity submitting an Application to the Town of Colesville for a Tower Special Use Permit for a Telecommunications Tower.
4. "Application" means the form approved by the Board, together with all necessary and appropriate documentation that an Applicant sub its in order to receive a Tower Special Use Permit for a Telecommunications Tower.
5. "Antenna" means a system of electrical conductors that transmit or receive electromagnetic waves or radio frequency signals. Such wave shall include, but not be limited to, radio, television, cellular, paging, personal telecommunications services (PCS), and microwave Telecommunications.
6. "Board" means the Planning Board of the Town of Colesville, which is the officially designated board of the Town of Colesville to which applications for a Tower Special Use Permit for a Telecommunications Tower must be made, and which is authorized to review, analyze, evaluate and make decisions with respect to granting or not granting, recertifying or not recertifying, or revoking Tower Special Use Permits for Telecommunications Towers. The Board may, at its discretion, request that other official agencies of the Town accept,
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7. review, analyze, evaluate and make recommendations to the Board with respect to the granting or not granting, recertifying or not recertifying or revoking Tower Special Use Permits for Telecommunications Towers.
8. "Break point" means the location on a Telecommunications Tower which, in the event of a failure of the Telecommunications Tower, would result in the Telecommunications Tower falling or collapsing within the boundaries of the property or lot on which the Telecommunications Tower is placed.
9. "Camouflaged Tower" means any Tower or supporting structure that, due to design, location, or appearance, partially or completely hides, obscures, conceals, or otherwise disguises the presence of the Tower and one or more Antennas or Antenna arrays affixed thereto.
10. "Collapse Zone" means the area in which any portion of a Telecommunications Tower could or would fall, collapse or plunge to the ground or into a river or other body of water. The collapse zone shall be no less than the lateral equivalent of the of the distance from the Break point to the top of the structure plus ten feet, such being not less than one-half (1/2) times the height of the structure.
11. "Collocation" means the use of the same Telecommunication Tower or Telecommunications Structure to carry two or more antennae for the provision of wireless services by tow or more persons or entities.
12. "Commercial Impracticability" or "Commercially Impracticable" shall have the meaning in this Law and any Tower Special Use Permit granted hereunder as is given to those terms and applied under section 2-6 1 5 of the New York Uniform Commercial Code (UCC).
13. "Completed Application" means an Application that contains all information and/or data necessary to enable the Board to evaluate the merits of the Application, and to make an informed decision with respect to the effect and impact of the Telecommunications Tower on the Town in the context of permitted land use for the particular location requested.
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13. "County" means Broome County.
14. "Direct-to home satellite services" or "Direct Broadcast Service" or "DBS" means only programming transmitted or broadcast by satellite directly to subscribers' premises without the use of ground receiving equipment, other than such equipment at the subscribers' premises or in the uplink process to the satellite.
15. "EPA" means the United States Environmental Protection Agency, or its duly designed and authorized successor agency.
16. "FAA" means the Federal Aviation Administration or its duly designated and authorized successor agency.
17. "FCC" means the Federal Communications Commission, or its duly designated and authorized successor agency.
18. "Free standing Tower" means a Tower that is not supported by guy wires and ground anchors or other means of attached or external support.
19. Full EAF" means the Full Environmental Assessment Form approved by the New York Department of Environmental Conservation.
20. "Height" means, when referring to a Tower or structure, the distance measured from the pre-existing grade level to the highest point on the Tower or structure, even if said highest point is an Antenna.
21. "NIER" means Non-Ionizing Electromagnetic Radiation
22. "Person" means any individual, corporation, estate, trust, partnership, joint venture, association of two (2) or more persons having a joint common interest, limited liability company, or governmental entity.
23. "Personal Wireless Facility" - See definition for ‘Telecommunications Tower'.
24 "Personal Wireless Services" or "PWS" or "Personal Telecommunications Service" or "PCS" shall have the same meaning given to those terms or used in the Telecommunications Act of 1996.
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25. "Site" See definition for Telecommunications Tower.
26. "State" means the State of New York.
27. "Telecommunications" means the transmission and reception of audio, video, data, and other information by wire, radio frequency, light, and other electronic or electromagnetic systems.
28. "Telecommunications Tower" or "Tower" or "Site" or "Personal Wireless Facility" means a structure or location designed, or intended to be used, or used to support Antennas. It includes without limit, free standing Towers, guyed Towers, monopoles, and similar structures that employ camouflage technology, including, but not limited to structures such as a church steeple, silo, water tower, sign or other similar structures intended to mitigate the visual impact of an antenna or the functional equivalent of such. It is a structure intended for transmitting and/or receiving radio, television, cellular, paging, personal Telecommunications services, or microwave Telecommunications, but excluding those used exclusively for fire, police, or other dispatch Telecommunications, or exclusively for private radio or television reception or exclusively for private citizen's bands, amateur radio or other similar Telecommunications.
29. "Telecommunications Structure" means a structure used in the provision of services described in the definition of ‘Telecommunications Tower'.
30. "Temporary" means in relation to all aspects and components of this Law, something intended to, or that does, exist for fewer than ninety (90) days.
31. "Tower Special Use Permit" means the authorization by which an Applicant is permitted to place, construct, use and modify a Telecommunications Tower, subject to the requirements imposed by the Law and the conditions attached to the issuance of the Tower Special Use Permit by the Board.
32. "Town" means the Town of Colesville, New York.
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33. "Town Board" means the Town Board of the Town of Colesville.
14.5 Overall Policy and Desired Goals for Tower Special Use Permits for Telecommunications Towers.
A) In order to ensure that the placement, construction, and modification of Telecommunications Towers conforms to the Town's purpose and intent of this Law, the Town Board (acting pursuant to section 274-b of the Town Law and other applicable provisions) hereby authorizes the Board to grant Tower Special Use Permits pursuant to this Law. As such, the Town Board adopts an overall policy with respect to a Tower Special Use Permit for a Telecommunications Tower for the express purpose of achieving the following goals:
1) implementing an Application process for person(s) seeking a Tower Special Use Permit for a Telecommunications Tower;
2. establishing a policy for examining an application for, and issuing a Tower Special Use Permit for, a Telecommunications Tower that is both fair and consistent.
3) establishing reasonable time frames for granting or not granting a Tower Special Use Permit for a Telecommunications Tower, or recertifying or not recertifying, or revoking the Tower Special Use Permit granted under this Law.
4) promoting and encouraging, wherever possible, the sharing and/or collocation of a Telecommunications Tower among service providers;
5) promoting and encouraging, wherever possible, the placement of a Telecommunications Tower in such a manner as to cause minimal disruption to aesthetic considerations of the land, lot, property, buildings, and other facilities adjacent to, surrounding, and in generally the same area as the requested location of such a Telecommunications Tower.
14.6 Tower Special Use Permit Application and Other Requirements.
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A) All Applicants for a Tower Special Use Permit for a Telecommunications Tower shall in addition to the other requirements in this Law, comply with the requirements set forth in this Section.
B) An Application for a Tower Special User Permit for a Telecommunications Tower shall be signed by the Applicant, (or by a person acting on behalf of the Applicant who has prepared the same and who has knowledge of the content and representations made therein) attesting to the truth and completeness of the information. The owner of the land on which the Telecommunications Tower is proposed to be located, if different from the Applicant, shall also sign the Application. At the discretion of the Board, any false or misleading statement in the Application may subject the Applicant to denial of the Application, without further consideration or opportunity for correction.
15) Transmission and maximum effective radiated power of the Antenna(s);
16) Direction of maximum lobes and associated radiation of the Antenna(s);
17) Applicant's proposed Tower maintenance and inspection procedures and related system of records;
18) Certification that N1ER levels at the proposed site are within the threshold levels adopted by the FCC, though the certifying engineer need not be approved by the Board;
19) Certification that the proposed Antenna(s) will not cause interference with existing telecommunications devices, though the certifying engineer need not be approved by the Board;
20) A copy of the FCC license applicable for the use of the Telecommunications Tower;
21) Certification that a topographic and geomorphologic study and analyses has been conducted, and that taking into account the subsurface and substrata, and the proposed drainage plan, the site is adequate to assure the stability of the proposed Telecommunications Tower on the proposed site, though the certifying engineer need not be approved by the Town;
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22) Propagation studies of the proposed site and all adjoining proposed or in -service or existing sites.
23) Location, layout and dimensions of off-street parking and loading facilities; vehicular entry, exit, and circulation on the site and neighboring roads;
24) Grading and drainage plan for the site;
25) Type, size and location of all proposed screening, signs, and physical features meant to protect adjacent land uses.
26) Applicant shall disclose in writing any agreement in existence prior to submission of the Application that would limit or preclude the ability of the Applicant to share any new Telecommunications Tower that it constructs.
Where this section calls for a certification, such certification shall be by a qualified New York State licensed professional engineer, acceptable to the Board, unless otherwise noted.
G) In the case of a new Telecommunications Tower, the Applicant shall be required to submit a written report demonstrating its efforts to secure shared use of existing Telecommunications Tower(s). Copies of written requests and responses for shared use shall be provided to the Board.
H) The Applicant shall furnish written certification that the Telecommunications Tower and attachments both are designed and constructed ("As Built") to meet all County, State and Federal structural requirements for loads, including wind and ice loads; The Applicant shall furnish written certification that the Telecommunications Tower is designed with a break point that would result in the Telecommunications Tower falling or collapsing within the boundaries of the property or lot on which the Telecommunications Tower is placed;
I) After construction and prior to receiving a Certificate of Occupancy, Applicant shall furnish written certification that the Telecommunications Tower and related facilities are grounded
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J) and bonded so as o protect persons and property and installed with appropriate surge protectors.
K) The Applicant shall submit a completed Full EAF and a completed Visual EAF addendum. The Board may require submission of a more detailed visual analysis based on the results of the Visual EAF addendum. Applicants are encouraged to seek pre application meetings with the Board to address the scope of the required visual assessment. The Applicant shall submit a completed environmental impact statement (EIS_ if the same is required by applicable provisions of law.
L) If requested by the Board, the Applicant shall furnish a Visual Impact Assessment which shall include:
1) A "Zone of Visibility Map" which shall be provided in order to determine locations where the Tower may be seen.
2) Pictorial representations of "before and after" views from key viewpoints both inside and outside of the Town, including but not limited to state highways and other major roads; state and local parks; other public lands; historic districts; preserves and historic sites normally open to the public; and from any other location where the site is visible to a large number of visitors or travelers. If requested by the Applicant, the Board, acting in consultation with its consultants or experts, will provide guidance concerning the appropriate key sites at a pre application meeting.
3) An assessment of the visual impact of the Tower base, guy wires and accessory buildings from abutting and adjacent properties and streets.
M) Any and all representations made by Applicant to the Board, on the record, during the Application process, whether written or verbal, shall be deemed a part of the Application and may be relied upon in good faith by the Board.
N) The Applicant shall, in a manner approved by the Board, effectively screen from view its proposed Telecommunications Tower base and all related facilities and structures, subject to Board approval.
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O) All utilities leading to and away from any Telecommunications Tower site shall be installed in compliance with the New York State Uniform Fire Prevention and Building Code and shall be installed underground and in compliance with all applicable ordinances, local laws, codes, rules and regulations of the Town, including specifically, but not limited to, the National Electrical Safety Code and the National Electrical Code where appropriate. The Board may waive or vary the requirements of undergrounding installation of utilities whenever, in the opinion of the Board, such variance or waiver shall not be detrimental to the health, safety, general welfare or environment, including the visual and scenic characteristics of the area.
P) All Telecommunications Towers and accessory facilities shall be sited so as to have the least practical adverse visual effect on the environment and its character, and the residences in the area of the Telecommunications Tower site.
Q) Accessory facilities shall maximize use of building materials, colors and textures designed to blend with the natural surroundings.
R) An access road and parking shall be provided to assure adequate emergency and service access. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and vegetation-cutting. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential.
S) A person who holds a Tower Special use Permit for a Telecommunications Tower shall construct, operate, maintain, repair, modify or restore the permitted Telecommunications Tower in strict compliance with all current technical, safety and safety-related codes adopted by the Town, County, State, or United States, including but not limited to the most recent editions of the New York State Uniform Fire Prevention and Building Code, as well as accepted and responsibly workmanlike industry practices and recommended practices of the National Association of Tower Erectors. The codes referred to are codes that include, but are not limited to, construction, building, electrical, fire, safety, health, and land use codes.
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T) A holder of a Tower Special Use Permit granted under this Law shall obtain, at its own expense, all permits and licenses required by applicable law, rule, regulation or Law, and must maintain the same, in full force and effect, for as long as required by the Town of other governmental entity or agency having jurisdiction over the Applicant.
U) Subject to, and in accordance, with, the State Environmental Quality Review Act - (SEQRA), the Board shall be the lead agency for the purpose of conducting the environmental review of the Application for Tower Special Use Permits. The Board shall conduct an integrated, comprehensive environmental review of the proposed project in combination with its review of the Application under this Law.
V) An Applicant shall submit no fewer than eight (8) copies of the entire Completed Application to the Board and a copy of the Application to the town boards of all towns which adjoin the Town, any adjacent municipality and to the Broome County Department of Planning and Economic Development, clerk of the Broome County Legislature and clerk of the Chenango County Legislature.
W) The Applicant shall examine the feasibility of designing a proposed Telecommunications Tower to accommodate future demand for at least two (2) additional commercial applications, for example, future collocations. The scope of this examination shall be determined by the Board. The Telecommunications Tower shall be structurally designed to accommodate at least two (2) additional Antenna Arrays equal to those of the Applicant, and located as close to the Applicant's Antenna as possible without causing interference. This requirement may be waived by the Board, provide that the Applicant, in writing, demonstrates that the provision of future shared usage of the Telecommunications Tower is not technologically feasible, or is Commercially Impracticable and creates an unnecessary and unreasonable burden, based upon:
1) The number of FCC licenses foreseeable available for the area;
2) The kind of Telecommunications Tower site and structure proposed;
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3) The number of existing and potential licenses without Telecommunications Tower spaces/sites:
4) Available space on existing and approved Telecommunications Towers.
14.7 Location of Telecommunications Towers.
A) Applicants for Tower Special Use Permits for Telecommunications Towers shall locate site and erect said Telecommunications Towers or other tall structures in accordance with the following priorities, one (1) being the highest priority and six (6) being the lowest priority.
1. on existing Telecommunications Towers or other tall structures;
2. collocation on a site with existing Telecommunications Towers or structures.
3. within an industrial district (I) within the Town.
4. within a commercial district (C) within the Town.
5. within a rural/agricultural district (WAG) within the Town.
6. within any other zoning district within the Town.
If the proposed property site is not the highest priority listed above, then a detailed explanation must be provided as to why a site of a higher priority was not selected. The person seeking such an exception must satisfactorily demonstrate the reason or reasons why such a permit should be granted for the proposed site, and the hardship that would be incurred by the Applicant if the permit were not granted for the proposed site.
An Applicant may not by-pass sites of higher priority by stating the site presented is the only site leased or selected. An Application shall address collocation as an option and if such option is not proposed, the Applicant must explain why collocation is Commercially Impracticable or otherwise impracticable. Agreements between providers limiting or prohibiting collocation shall not be a valid basis for any claim of Commercial Impracticability or hardship.
B) The Applicant shall submit a written report demonstrating the Applicant's review of the above locations in order of priority, demonstrating the technological reason for the site
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C) selection, If the site selected is not the highest priority, then a detailed written explanation, as a to why sites of a higher priority were not selected, shall be included with the Application.
D) The Applicant shall, in writing, identify and disclose the number and locations of any additional sites that the Applicant has, is, or will be considering, reviewing or planning for Telecommunications Towers in the Town, and all municipalities adjoining the Town, for a two year period following the date of the Application.
E) Notwithstanding that a potential site may be situated in an area of highest priority or highest available priority, the Board may disapprove an Application for any of the following reasons.
1) conflict with safety-related codes and requirements;
2) conflict with traffic needs or traffic laws, or definitive plans for changes in traffic flow or traffic laws;
3) conflict with the historic nature of a neighborhood or historical district;
4) the use or construction of a Telecommunications Tower which is contrary to an already stated purpose of a specific zoning or land use designation;
5) the placement and location of a Telecommunications Tower which would create an unacceptable rise, or the probability of such, to residents, the public, employees and agents of the Town, or employees of the service provider or other service providers; or
6) conflicts with the provisions of the Act or this Law.
E) Shared use of existing Telecommunications Towers shall be preferred by the Board, as opposed to the proposed construction of new Telecommunications Towers. Where such shared use in unavailable, location of Antennas on other pre-existing structures shall be considered and preferred. The Applicant shall submit a comprehensive report inventorying existing towers and other appropriate structures within four (4) miles of any proposed new Tower Site, unless the Applicant can show that some other distance is more reasonable, and outlining opportunities for shared use of existing facilities and the use of other pre existing structures as a preferred alternative to new construction.
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14.8 Shared use of Telecommunications Tower(s)
A) An Applicant intending to share use of an existing Telecommunications Tower or other tall structure shall be required to document the intent of the existing owner to share use.
B) In the even of an Application to share the use of an existing Telecommunications Tower that does not increase the height of the Telecommunications Tower, the Board shall waive such requirements of the Application required by this Law as may, for good cause , be shown. The Applicant is to encouraged to seek a pre-Application meeting with the Board to review such a proposed Application and settle the issue of waivers of such provisions which will help to expedite review and permitting for such Applications. The purpose of making provision for such waivers shall be to expedite, for the Applicant and the Board, the review and permitting for the shared use of an existing Telecommunications Tower.
C) Such shared use shall consist only of the minimum Antenna array technologically required to provide service within the Town, to the extent practicable, unless good cause is shown.
14.9 Height of a Telecommunications Tower.
A) The Applicant must submit documentation justifying to the Board the total height of any Telecommunications Tower and/or Antenna and the basis therefore. Such justification shall be to provide appropriate service within the Town, to the extent practicable, unless good cause is shown.
B) Telecommunications Towers shall be no higher than the minimum height necessary,. Unless waived by the Board upon good cause shown, the presumed maximum height shall be one hundred-forty (140) feet based on three (3) collocated antenna arrays and ambient tree height of eighty (80) feet. A Telecommunications Tower shall not be deemed to be a building for purposes of the building height requirements set forth in the schedule of regulations which form a part of the Land Use Local Law.
C) The maximum height of any Telecommunications Tower and attached Antennas con-
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structed after the effective date of this Law shall not exceed that which shall permit operation without artificial lighting of any kind or nature, in accordance with municipal, County, State, and/or any federal statute, law, local law, town ordinance, code rule or regulation.
14.10 Visibility of a Telecommunications Tower.
A) Telecommunications Towers shall not be artificially lighted or marked, except as required by applicable provisions of law.
B) Telecommunications Towers shall be of a galvanized finish, or painted with a rust preventive paint of an appropriate color to harmonize with the surroundings as approved by the Board, and shall be maintained in accordance with the requirements of this Law.
C) If lighting is required, Applicant shall provide a detailed plan for sufficient lighting of as unobtrusive and inoffensive an effect as is permissible under state and federal regulations, and an artist's rendering or other visual-representation showing the effect of light emanating from the site on neighboring habitable structures within fifteen hundred (1,500) feet of all property lines of the lot on which the Telecommunications Tower is located;
14.11 Security of Telecommunications Towers.
All Telecommunications Towers and Antennas shall be located, fenced or otherwise secured in a manner which prevents unauthorized access. Specifically:
•1.All Telecommunications Towers and other supporting structures, including guy wires, shall be made inaccessible to individuals and constructed or shielded in such a manner that they cannot be climbed or run into; and
•2. Transmitters and Telecommunications control points must be installed such that they are readily accessible only to persons authorized to operate or service them
14.12 Signage
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Telecommunications Towers shall contain a sign no larger than four (4) square feet in area to provide adequate notification to persons in the immediate area of the presence of an Antenna that has transmission capabilities. The sign shall contain the name(s) of the owner(s) and operator(s) or the Antenna(s) as well as emergency phone number(s). The sign shall be located so as to be visible from the access point of the site. The sign shall not be lighted unless the board shall have allowed such lighting or unless such lighting is required by applicable provisions of law. No other signage, including advertising, shall be permitted on any Antennas, Antenna supporting structures or Antenna Towers, unless required by law.
14.3 Lot Size and Setbacks.
A) All proposed Telecommunications Towers shall be set back from abutting parcels, recorded rights-of-way and road and street lines a distance sufficient to substantially contain on-site all ice-fall or debris from a Tower or Tower failure, and to preserve the privacy and sanctity of any adjoining properties.
B) Telecommunications Towers shall be located with a minimum setback from any property line a distance equal to one half (1/2) the height of the Tower or the existing setback requirement of the underlying zoning district, whichever is greater. Further, any Accessory Structure shall be located so as to comply with the applicable minimum zoning district setback requirements for the property on which it is situated.
14.14 Retention of Expert Assistance and Reimbursement by Applicant.
A) The Board may hire any consultant and/or expert necessary to assist the Board in reviewing and evaluating the application and any requests for recertification.
B) An Applicant shall deposit with the Town funds sufficient to reimburse the Town for all reasonable costs of consultant and expert evaluation and consultation to the Board in
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connection with the review of any Application. The initial deposit shall be $7,500.00. These funds shall accompany the filing of an Application and the Town shall maintain a separate escrow account for all such funds. The Town's consultants/experts shall, in accordance with an agreement between the Town and its consultants or experts, bill or invoice the Town no less frequently than monthly for its services in reviewing the Application and performing its duties. If at any time during the review process this escrow account has a balance less than $2,500.00, Applicant shall immediately upon notification by the Town, replenish said escrow account so that it has a balance of at least $2,500.00. Such additional escrow funds must be deposited with the Town before any further action or consideration is taken on the Application. If, at the conclusion of the review process, the cost of such consultant/expert services is more than the amount escrowed pursuant hereto, the Applicant shall pay the difference to the Town prior to the issuance of any Tower Special Use Permit. In the even that the amount held in escrow by the Town is more than the amount of the actual billing or invoicing by the Town's consultants or experts, the difference shall be promptly refunded to the Applicant.
C) The Total amount of the funds set forth in Subsection (B) of this Section may vary with the scope and complexity of the project, the completeness of the Application and other information as may be needed by the Board or its consultant/expert to complete the necessary review and analysis. Additional escrow funds, as required and requested by the Town, shall be paid by the Applicant. The initial amount of the escrow deposit shall be established at a pre-Application meeting with the Board. Notice of the hiring of a consultant/expert shall be given to the Applicant at or before this meeting.
14.15 Exceptions from the Tower Special Use Permit Requirements.
A) No person shall site, place, build, construct, modify, prepare, use or repair, any site for the placement or use of, a Telecommunications Tower on or after the effective date of this Law without having first obtained hereunder a Tower Special Use Permit for a Telecommunications
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B) Tower. Notwithstanding anything to the contrary in this section, no Tower Special Use Permit shall be required for those Towers used exclusively for fire, police or other dispatch Telecommunications, or exclusively for private radio or television reception or exclusively for private citizen's bands, amateur radio or other similar Telecommunications.
C) New construction, including routine maintenance on an existing Telecommunications Tower, shall comply with the requirements of this Law.
D) All Telecommunications Towers existing on or before the effective date of this Law shall be allowed to continue ad they presently exist, provided however, that any modification, enlargement or extension of existing Towers must comply with this Law.
14.16 Public Hearing Required.
Prior to the approval of any Application for a Tower Special Use permit for a Telecommunications Tower, a public hearing shall be held by the Board, notice of which shall be published in the official newspaper of the Town no les than tow weeks prior to the scheduled date of the public hearing. In order that the Town may notify nearby landowners, the Applicant, at least three (3) weeks prior to the date of said public hearing, shall be required to provide to the Board the names and address of all landowners whose property is located within fifteen hundred (1500) feet of any property line of the lot on which the proposed new Telecommunications Tower is proposed to be located. The Board shall schedule the public hearing referred to in Subsection (A) of this Section once it finds the Application is complete. The Board, at any stage prior to issuing a Tower Special Use Permit, may require such additional information as it deems necessary.
14.17 Action on an Application for a Tower Special Use Permit for a Telecommunications Tower.
A) The Board shall, in accordance with the Act, undertake a review of an Application pursuant to this Law in a timely fashion, consistent with its responsibilities, and shall act within a reasonable period of time given the relative complexity of the Application and the circum-
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B) stances, with due regard for the public's interest and need to be involved, and the Applicant's desire for a timely, resolution.
C) The Board may refer any Application or part thereof to any Town advisory committee or other Town Committee for a non-binding recommendation.
D) Except for necessary building permits, and subsequent Certificates of Occupancy, once a Tower Special Use Permit has been granted hereunder, no additional permits or approvals from the Town, such as site plan or zoning approvals, shall be required by the Town for the Telecommunications Towers or facilities covered by the Tower Special Use Permit.
E) After the public hearing and after formally considering the Application, the Board may approve and issue, or deny a Tower Special Use Permit. Its decision shall be in writing and shall be supported by substantial evidence contained in a written record. The burden of proof for the grant of the permit shall always be upon the Applicant.
F) If the Board approves the Tower Special Use Permit for a Telecommunications Tower, then the Applicant shall be notified of such approval in writing within ten (10) calendar days of the Board's action, and the Tower Special Use Permit shall be issued within thirty (30) days after such approval.
G) If the Board denies the Tower Special Use Permit for a Telecommunications Tower, then the Applicant shall be notified of such denial in writing within ten (10) calendar days of the Board's action.
G) The Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed Tower Special Use Permit. Upon its granting of such Tower Special Use Permit for a Telecommunications Tower, any such conditions and restrictions must be met in connection with the issuance of a building permit and any other required permits by applicable enforcement officials of the Town.
14.18 Recertification of a Tower Special Use Permit for a Telecommunications Tower.
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A) At any time between twelve (12) months and six (6) months prior to the five (5) year anniversary date after the effect date of the Tower Special Use Permit and all subsequent fifth anniversaries of the effective date of the original Tower Special Use Permit for a Telecommunications Tower, the holder of a Tower Special Use Permit for such Tower shall submit a signed written request to the Board for recertification. In the written request for recertification, the holder of such Tower Special Use Permit shall include the following information:
1) the name of the holder of the Tower Special Use Permit for the Telecommunications Tower.
2) if applicable, the number or title of the Tower Special Use Permit;
3) the date of the original granting of the Tower Special Use Permit;
4) whether the Telecommunications Tower has been moved, re-located, rebuilt, repaired, or otherwise modified since the issuance of the Tower Special Use Permit;
5) if the Telecommunications Tower has been moved, re-located, rebuilt, repaired, or otherwise modified, then whether the Board approved such action, and under what terms and conditions, and whether those terms and conditions were complied with and abided by;
6) any requests for waivers or relief of any kind whatsoever from the requirements of this Law and any requirements for a Tower Special Use Permit; and
7) a statement that the Telecommunications Tower is in compliance with the Tower Special Use Permit and compliance with all applicable statutes, laws, local laws, ordinances, codes, rules and regulations.
B) If, after such review, the Board determines that the permitted Telecommunications Tower is in compliance with the Tower Special Use Permit and all applicable statutes, laws, local laws, ordinances, codes, rules and regulations, then the Board shall issue a recertification Tower
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Special Use Permit for the Telecommunications Tower, which may include any new provisions or conditions that are mutually agreed upon, or required by applicable statutes, laws, local laws, ordinances, codes, rules and regulations. If, after such review, the Board determines that the permitted Telecommunications Tower is not in compliance with the Tower Special Use Permit and all applicable statutes local laws, ordinances, codes, rules and regulations, then the Board may refuse to issue a recertification Tower Special Use Permit for the Telecommunications Tower, and in such event, such Telecommunications Tower shall not be used after the date that the Applicant receives written notice of such decision by the Board. Any such decision shall be in writing and supported by substantial evidence contained in a written record.
C) If the Board does not complete its review, as noted in Subsection (B) of this Section prior to the five (5) year anniversary date of the Tower Special Use Permit, or subsequent fifth anniversaries, then the Applicant for the permitted Telecommunications Tower shall receive an extension of the Tower Special Use Permit for up to six (6) months, in order for the Board to complete its review.
D) If the holder of a Tower Special Use Permit for a Telecommunications Tower does not submit a request for recertification of such Tower Special Use Permit within the timeframe noted in subsection (A) of this section then such Tower Special Use Permit and any authorizations granted thereunder shall cease to exist on the date of the fifth anniversary of the original granting of the Tower Special Use Permit, or subsequent fifth anniversaries, unless the holder of the Tower Special Use Permit adequately demonstrates to the Board that extenuating circumstances prevented a timely recertification request. If the Board agrees that there were legitimately extenuating circumstances, then the holder of the Tower Special Use Permit may submit a late recertification request.
14.19 Extent and Parameters of Tower Special Use Permit for a Telecommunications Tower.
The extent and parameters of a Tower Special Use Permit for a Telecommunications Tower shall be as follows:
1) such Tower Special Use Permit shall be non-exclusive;
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2) such Tower Special Use Permit shall not be assigned, transferred or conveyed without the express prior written consent of the Board, and such consent shall not be unreasonably withheld or delayed;
3) such Tower Special Use Permit may, following a hearing upon due prior notice to the Applicant, be revoked, canceled, or terminated for a violation of the conditions and provisions of the Tower Special Use Permit for a Telecommunications Tower, or for a material violation of this Law after prior written notice to the Applicant and the holder of the Tower Special Use Permit.
14.20 Application Fee.
A) At the time that a person submits an Application for a Tower Special use Permit for a new Telecommunications Tower, such person shall pay to the Town an application fee in the amount of $5,000.00. If the Application is for a Tower Special Use Permit for collocating on an existing Telecommunications Tower, the application fee payable to the Town shall be in the amount of $1,000.00.
B) No Application fee is required in order to recertify a Tower Special Use Permit for a Telecommunications Tower, unless there has been a modification of the Telecommunications Tower since the date of the issuance of the existing Tower Special User Permit. In the case of any modification, the fees provided in Subsection (A) shall apply.
14.21 Performance Security.
The Applicant and the owner of record of any proposed Telecommunications Tower property site shall at its cost and expense, be jointly required to execute and file with the Town a bond, or other form of security acceptable to the Town as to type of security and the form and manner of execution, in the amount of $75,000/00 and with such sureties as are deemed sufficient by the Board to assure the faithful performance of the terms and conditions of this
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Law and conditions of any Tower Special Use Permit issued pursuant to this Law. The full amount of the bond or security shall remain in full force and effect throughout the term of the Tower Special use Permit and/or until the removal of the Telecommunications Tower, and any necessary site restoration is completed. The failure by Applicant to pay any annual premium for the renewal of any such security shall be a violation of the provisions of the Tower Special Use Permit and shall entitle the Board to revoke the Tower Special Use Permit after prior written notice to the Applicant and holder of the Tower Special Use Permit, and after a hearing upon due prior notice to the Applicant and holder of the Tower Special Use Permit.
14.22 Reservation of Authority to Inspect Telecommunications Towers.
A) In order to verify that the holder of a Tower Special Use Permit for a Telecommunications Tower and any and all lessees, renters, and/or licensees of a Telecommunications Tower place, maintain, construct, modify and use such facilities, including Towers and Antennas, in accordance with all applicable technical, safety, fire, building, and zoning codes, laws, ordinances and regulations and other applicable requirements, the Town, and its consultants or experts may inspect all facets of said permit holder's, renter's, lessee's or licensee's placement, construction, modification, maintenance and use of such facilities including, but not limited to, Towers, Antennas and buildings or other structures constructed or located on the permitted site. If requested by the Town, the holder of the Tower Special Use Permit shall assist the Town and its consultants and experts in obtaining access to the site.
B) The Town shall pay for costs associated with such an inspection, except for those circumstances occasioned by said holder's, lessee's, or licensee's refusal to provide necessary information, or necessary access to such facilities, including Towers, Antennas, and appurtenant or associated facilities, or refusal to otherwise cooperate with the Town with respect to an inspection, or if violations of this Law are found to exist, in
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which case the holder, lessee or licensee shall reimburse the Town for the cost of the inspection.
C) Payment of such costs shall be made to the Town within thirty (30) days from the date of the invoice or other demand for reimbursement. In the event that the finding(s) of violation is/are appealed in accordance with the procedures set forth in this Law, said reimbursement payment must still be paid to the Town and the reimbursement shall be placed in an escrow account established by the Town specifically for this purpose, pending the final decision on appeal.
14.23 Annual NIER Certification.
The holder of the Tower Special Use Permit shall, annually, certify in writing to the Town that NIER levels at the site are within the threshold levels adopted by the FCC. (The certifying engineer need not be approved by the Town.)
14.24 Liability Insurance
A) A holder of a Tower Special Use Permit for a Telecommunications Tower shall secure and at all times maintain public liability insurance for personal injuries, death and property damage, and umbrella insurance coverage, for the duration of the Tower Special Use Permit in amounts as set forth below
1) Commercial General Liability covering personal injuries, death and property damage: $2,000,000 per occurrence/$6,000,000 aggregate;
2) Automobile Coverage: $2,000,000 per occurrence;
3) Excess Liability: $1,000,000
4) Workers Compensation and Disability Insurance in accordance with applicable statutory amounts.
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B) The Commercial General Liability insurance policy and excess liability policy shall specifically include the Town and its officers, boards, employees, committee members, attorneys, agents, and consultants as additional named insureds.
C) The insurance policies shall be issued by an insurance company licensed to do business in the State and with a Best's rating of at least A.
D) The insurance policies shall contain an endorsement obligating the insurance company to furnish the Town with at least thirty (30) days prior written notice in advance of the cancellation of the insurance.
E) Renewal or replacement policies or certificates shall be delivered to the Town at least fifteen (15) days before the expiration of the insurance which such policies are to renew or replace.
F) Before construction of a permitted Telecommunications Tower is initiated, but in no case later than fifteen (15) days after the grant of the Tower Special Use Permit, the holder of the Tower Special Use Permit shall deliver to the Town a copy of each of the policies or certificates representing the insurance in the required amounts.
14.25 Indemnification.
A) Any Tower Special Use Permit issued pursuant to this Law shall contain a provision with respect to indemnification. Such provision shall require the holder of the Tower Special Use Permit, to the extent permitted by the law, to at all times defend, indemnify, protect, save, hold harmless, and exempt the Town, its officers, boards, employees, committee members, attorneys, agents, and consultants of, and from any and all penalties, damages, costs, or charges arising out of any and all claims, suits, demands, causes of action, or award of damages, whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, which might arise out of, or are caused by, the placement, construction, erection, modification, location, products performance, use, operation, maintenance, repair, installation, replacement, removal,
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or restoration of a Telecommunications Tower within the Town. With respect to the penalties, damages or charges referenced herein, reasonable attorneys' fees, consultants' fees, and expert witness fees are included in those costs that are recoverable by the Town. The holder of the Tower Special Use Permit shall not be obligated to provide such indemnification in the case of any claims, suits, demands, cause of action or award of damages which arise solely as a result of the negligence or intentional acts or actions of the Town or its officials, boards, employees, committee members, attorneys, agents or consultants.
B) Notwithstanding the requirements noted in subsection (A) of this section, an indemnification provision will not be required in those instances where the Town itself applies for and secures a Tower Special Use Permit for a Telecommunications Tower.
16.26 Fines.
A) For a violation of this Law or any provision, term or condition of a Tower Special Use Permit issued pursuant to this Law, the provisions of section 6.1 of the Land Use Local Law shall be applicable.
B) Notwithstanding anything in this Law, the holder of the Tower Special Use Permit for a Telecommunications Tower may not use the payment of fines, liquidated damages or other penalties, to evade or avoid compliance with this Law or any section of this Law. An attempt to do so shall subject the holder of the Tower Special Use Permit to termination and revocation of the Tower Special Use Permit, after prior written notice to the Applicant and holder of the Tower Special Use Permit and after a hearing upon due prior notice to the Applicant holder. The Town may also seek injunctive relief to prevent the continued violation of this Law.
14.27 Default and/or Revocation.
A) If a Telecommunications Tower is used, operated, repaired, rebuilt, placed, moved, relocated, modified or maintained in a way that is inconsistent or not in compliance with the
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provisions of this Law or of the Tower Special Use Permit, then the Board shall notify the holder of the Tower Special Use Permit in writing of such violation. Such notice shall specify the nature of the violation or non-compliance and that the violations must be corrected within seven
•(7) days of the date of the postmark of the Notice, or of the date of personal service of the Notice, whichever is earlier. Notwithstanding anything to the contrary in this Subsection or any other Section of this Law, if the violation causes, creates or presents an imminent danger or threat to the health or safety of lives or property, the Board may, at its sole discretion, order the violation remedied within twenty-four (24) hours.
B) If within the period set forth in (A) above the Telecommunications Tower is not brought into compliance with the provisions of this Law, or of the Tower Special Use Permit, or substantial steps are not taken in order to bring the affected Telecommunications Tower into compliance, then the Board may revoke such Tower Special Use Permit for a Telecommunications Tower, and shall notify the holder of the Tower Special Use Permit in writing within forty-eight (48) hours of such action, and the reasons for such action. The holder of the Tower Special Use Permit shall not thereafter use or operate the Telecommunications Tower until such time as the Tower Special Use Permit has been restored.
C) Nothing herein shall prevent the Town from pursing remedies pursuant to sections 14.26 and 6.1 of the Land Use Local Law.
14.28 Removal of a Telecommunications Tower.
A) Under the following circumstances, the Board may determine that the health, safety, and welfare interests of the Town warrant and require the removal of a Telecommunications Tower
1) a Telecommunications Tower with a permit has been abandoned (i.e. not used as a Telecommunications Tower) for a period exceeding ninety consecutive (90) days or a total
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2) of one hundred eighty (180) days in any three hundred-sixty five (365) day period, except for periods caused by force majeure or acts of God;
3) a permitted Telecommunications Tower falls into such a state of disrepair that creates a health or safety hazard;
4) a Telecommunications Tower has been placed, located, constructed, or modified without the prior granting
B) If the Board makes such a determination as noted in subsection (A) of this section, then the Board shall notify the holder of the Tower Special Use Permit for the Telecommunications Tower in writing within forty-eight (48) hours that said Telecommunications Tower is to be removed at the cost and expense of the holder of said permit. The Board may approve an Interim Temporary Tower Special Use Permit, so as to enable the sale of the Telecommunications Tower.
C) The holder of the Tower Special Use Permit, at its cost and expense, shall dismantle and remove such Telecommunications Tower, and all associated structures and facilities, from the site and restore the site to as close to its original condition as is possible, such restoration being limited only by physical or commercial impracticability, within ninety (90) days of receipt of written notice from the Board. However, if the owner of the property upon which the Telecommunications Tower is located wishes to retain any access roadway to the Telecommunications Tower, the owner may do so with the approval of the Board.
D) If a Telecommunications Tower is not remove or substantial progress has not been made to remove the Telecommunications Tower within ninety (90) days after the permit holder has received such notice, then the Board may order officials or representatives of the town to remove the Telecommunications Tower at the sole cost and expense of the owner or permit holder
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E) If, the Town removes, or cause to be removed, a Telecommunications Tower, and the owner of the Telecommunications Tower does not claim the property and remove it from the site to a lawful location within ten (10) days following receipt of written notice from the Board, then the Town may take steps to declare the Telecommunications Tower abandoned, and sell it and its components.
F) Notwithstanding anything in this Section to the contrary, the Board may approve a Temporary Special Use Permit for the Telecommunications Tower, for no more ninety (90) days, during which time a suitable plan for removal, conversion, or re-location of the affected Telecommunications Tower shall be developed by the holder of the permit, subject to the approval of the Board, and an agreement to comply with such plan shall be executed by the holder of the permit and the Town. If such a plan is not developed, approved and executed within the ninety (90) day time period, then the Town may take possession of and dispose of the affected Telecommunications Tower in the manner provided in this Section.
G) Nothing herein shall prevent the Town from pursing remedies pursuant to sections 14.26 and 6.1 of the Land Use Local Law.
14.29 Relief.
Any Applicant desiring relief or exemption from any aspect or requirement of this Law may request such from the Board at a pre-application meeting, provided that the relief or exemption is contained in the original Application for either a Tower Special Use Permit, or in the case of an existing or previously granted Tower Special Use Permit a request for modification of its Tower and/or facilities. Such relief may be temporary or permanent, partial or complete, at the sole discretion of the Board. However, the burden of proving the need for the requested relief or exemption, is solely on the Applicant to prove to the satisfaction of the Board. The Applicant shall bear all costs of the board or the Town in considering the request and the relief shall not be transferable to a new or different holder of the permit or owner of the Tower or facilities without the express prior written
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permission of the Board, and such permission shall not be unreasonably withheld or delayed. No such relief or exemption shall be approved unless the Applicant demonstrates by clear and convincing evidence that, if granted, the relief or exemption will have no significant adverse effect on the health, safety and welfare of the Town, its residents and other service providers.
14.30 Periodic Regulatory Review by the Board.
A) The Board may at any time conduct a review and examination of this entire Law.
B) If after such a periodic review and examination of this Law, the Board determines that one or more provisions of this Law should be amended, repealed, revised, clarified, or deleted, then the Board may take whatever measures are necessary in accordance with applicable law in order to accomplish the same. It is noted that where warranted, and in the best interests of the Town, the Board may recommend to the Town Board that the Town Board amend, revise, clarify or delete any part of this Law or repeal the entire Law.
14.31 Adherence to State and/or Federal Rules and Regulations.
A) To the extent that the holder of a Tower Special Use Permit for a Telecommunications Tower has not received relief, or is otherwise exempt, from appropriate State and/or Federal agency rules or regulations, then the holder of such a Tower Special Use Permit shall adhere to, and comply with, all applicable rules, regulations, standards, and provisions of any State or Federal agency, including, but not limited to, the FAA and the FCC. Specifically included in this requirement are any rules and regulations regarding height, lighting, security, electrical, and RF emission standards.
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B) To the extent that applicable rules, regulations, standards, and provisions of any State or Federal agency, including but not limited to, the FAA and the FCC, and specifically including any rules and regulations regarding height, lighting, and security are changed and/or are modified during the duration of a Tower Special Use Permit for a Telecommunications Tower, then the holder of such a Tower Special Use Permit shall conform the permitted Telecommunications Tower to the applicable changed and/or modified rule, regulation, standard, or provision within a maximum of twenty-four (24) months of the effective date of the applicable changed and/or modified rule, regulation, standard, or provision, or sooner as may be required by the issuing entity.
14.32 Conflict with Other Laws.
Where this Law differs or conflicts with other statutes, local laws, ordinances, codes, rules, or regulations, unless the right to do so is preempted or prohibited by the County, State or federal government, the more restrictive or protective of the Town and the public shall apply.
7) That adequate off-street parking and loading are provided in accordance with the Land Use Local Law, and ingress and egress to parking and loading areas are so designed as to minimize the number of curb cuts and not unduly interfere with traffic or abutting streets.
8) That site development shall be such as to minimize erosion and shall not produce increased surface water runoff onto abutting properties.
9) That existing public streets and utilities servicing the project shall be determined to be adequate.
10) That significant existing vegetation shall be preserved to the extent practicable.
11) That adequate lighting of the site and parking areas is provided and that exterior lighting sources are designed and located so as to produce minimum glare on adjacent streets and properties.
12) The proposed site is in harmony with the Land Use Local Law and will not adversely affect the neighborhood if the above-described provisions are met.
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B) The Zoning Board of Appeals shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed special use permit
15. MINING DISTRICTS (Added Local Law 2-1999, adopted October 7, 1999)
A. Permitted Uses. No person shall do, conduct, perform, or engage in any mining, or operate a mine, within the Town on or after the effective date off the addition of Section 15 to the Land Use Local Law except within a Mining District as hereinafter defined and except in compliance with the provisions of Section 15 of the Land Use Local Law. Mining shall be permitted in a Mining District within the Town as hereinafter provided in this section.
Designation of Mining Districts. Mining shall be allowed in districts designated by the Town Board of the Town of Colesville (hereinafter referred to as Town Board) as provided in Subsection C of this section. It is the intention of this section to allow the creation of a Mining District at any location deemed appropriate by the Town Board; provided, however, that the Town Board shall consider the general zoning classification in which a proposed Mining District is located, along
[continued on page 114-43]
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B. with the other factors specified in Subsection D of this section, in determining whether to create a Mining District.
Within any Mining District, no more than ten (10) acres (exclusive of the berms and the roadway) of, on, or within any lot shall be used for mining at any one time. In calculating said ten (10) acres, any portion of a lot which was previously mined in accordance with a valid mining permit issued by the New York State Department of Environmental Conservation (hereinafter referred to as DEC) and which has been subject to reclamation approved by the DEC in accordance with a reclamation plan shall not be counted as part of said ten (10) acres, and any portion of such previously mined lot on which minerals, overburden, spoils or takings are stored or stockpiled shall not be counted as part of said ten (10) acres.
C. Procedure for designation of Mining Districts.
(1) Districts coincident with existing mined land use plans. The Town of Colesville Town Planning Board (hereinafter referred to as Town Planning Board) shall, within six (6) months following the effective date of this section, identify those areas of land currently being mined pursuant to a valid site plan approval granted by the Town Planning Board, the DEC, or both. Such areas of land shall constitute Mining Districts for the purposes of this section. The Town Planning Board shall report its findings in writing to the Town Board, which shall hereafter cause the Town of Colesville Land Use Map to be amended to identify such Mining Districts.
(2) Creation of new districts. All new Mining Districts shall be created by the Town Board in accordance with the following procedure:
(a) Any Person wishing to petition the town for the creation of a Mining District shall submit to the Town Clerk an original and eleven (1) copies of the application submitted by such person to the DEC for a mining permit for the mine in the proposed mining district, or a signed application on a form prescribed by the Town Board (and developed with the recommendations of the town Planning Board) which shall contain at least the following information and documents:
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1. The name, address and telephone number of the applicant, together with the name of the person to contact for further information, if the applicant is not an individual.
2. A map, prepared by a licensed engineer or surveyor, showing the boundaries of the proposed Mining District, as well as a key map showing its approximate location in the Town of Colesville. The scale of the map shall be no less than one (1) inch equals one hundred (100) feet, unless the Town Board, by resolution, allows a smaller scale.
3. A description of the proposed mining operation, including the type of material to be mined, equipment to be used, approximate tonnage for each year of the next five-year period, and the anticipated useful life of the mine. For the purposes of the preceding (2) subsections, a mining plan prepared pursuant to Title 27, Article 23 of the New York State Environmental Conservation Law and regulations promulgated thereunder shall be sufficient, provided that the Town Board is satisfied that all relevant requirements thereof have been met; provided, further, that the applicant shall meet all applicable requirements of this section in submitting said mining plan.
4. A reclamation plan, including both a graphic and a narrative description of he proposed land use objective to be achieved in the final stage of reclamation, the proposed land use objective to be achieved in the final stage of reclamation, the proposed method of reclaiming the affected land, provided, where possible, for orderly, continuing reclamation concurrent with mining and a schedule for reclaiming the effected land. The reclamation plan shall contain at least the information required by Title 27, Article 23 of the New York Environmental Conservation Law and any regulations promulgated thereunder, and such plan shall be sufficient, provided that the Town Board is satisfied that all relevant requirements thereof have been met; provided, further, that the applicant shall meet all applicable requirements o this section in submitting said reclamation plan.
5. A full environmental assessment form, prepared by a licensed professional
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engineer or architect, to assist the Town Board in its determination of environmental significance of the proposed creation of the mining district under the New York State Environmental Quality Review Act.
6. A fee in the amount which will reimburse the Town for the expenses paid by the Town to the Town Engineer (or designated Town consultant) for reviewing the application. Said fee shall be payable when and if the new mining district is approved.
(b) The Town Clerk shall forthwith file the original of the application and forward the copies as follows: two (2) to the Town Supervisor, who shall in turn forward one (1) copy to an engineer retained by the Town Board for review and recommendations; one (1) to each remaining Town Board member; one (1) to the Town Attorney or his designee; three (3) to the Chairman of the Town Planning Board and one (1) to the Broome County Department of Planning and Economic Development, with a request for a report and recommendation when required by the General Municipal Law Section 239-m.
(c) The Town Board shall consider the application at its first regular meeting occurring at least ten (10) days following the filing of the application with the Town Clerk or at such other time and date as the Town Board shall determine. The Town Board shall discuss the application with the applicant and shall request any additional information it needs to consider the application. The Town Board may schedule a workshop to discuss the application with the applicant and the Town Planning Board. The Town Board shall also schedule a public hearing to be held at its next regular meeting after receipt of the recommendation (if any) from the Town Planning Board or at any other time and date it shall determine. Notice of the public hearing shall be published in the official newspaper of the Town and posed on the official bulletin board of the Town Clerk at least ten (10) days prior thereto. The Town Board shall also take whatever steps are necessary to comply
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with the New York State Environmental Quality Review Act, and the public hearing on the application may be combined with a public hearing on any draft environmental impact statement which the Town Board may require.
(d) At least seven (7) days prior to the public hearing, the applicant shall send notice thereof by certified mail, return receipt requested, to the owners of record of all properties referred to in Section 6.2 hereof. Prior to the public hearing, applicant shall submit to the Town Clerk an affidavit sworn and subscribed before a notary public containing the following information: the names and addresses of all such property owners; a statement verifying that all such property owners' names and addresses are contained on the list; and a statement that all such property owners were properly served. Applicant shall simultaneously also submit the certified mail return receipts for all property owners served along with the affidavit.
(e) The cost of preparing, publishing and mailing the required notices shall be borne by the applicant. The Town Board shall cancel the public hearing if the applicant fails to submit all of the required information.
(f) The Town Board shall conduct the public hearing, affording all interested persons an opportunity to speak. At the conclusions of the public hearing, the Town Board shall direct the applicant to submit any additional information it determines is necessary to a determination of the application, if any. The Town Board shall formally act on said application on later than sixty-two (62) days after the public hearing.
(g) Prior to acting upon said application, the Town Board may obtain a written recommendation from the Town Planning Board as to whether the Mining District shall be created, and the Town Planning Board shall furnish such recommendation within 45 days after a request therefore from the Town Board.
(h) In the event of a determination by the Town Board creating a new Mining District, the Town Board shall cause the Town of Colesville Land Use Map to be amended
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accordingly, and shall forward copies of the petition to the Town Planning Board.
D. Standards for the creation of Mining Districts. In considering an application for the creation of a Mining District, the Town Board shall consider all relevant factors, including the following:
1. The consistency of the proposed Mining District with the town of Colesville Comprehensive Plan and the Land Use Local Law.
2. The character of the neighborhood in which the proposed Mining District would be located.
3. The general Land Use classification of the area in which the proposed Mining District would be located.
4. The proximity of the proposed Mining District to other Mining Districts or mining operations.
5. The proximity of the proposed Mining District to other parcels of land which, in the future, might be the subject of a petition for the creation of a Mining District.
6. Impact of the mine operation on the immediate area and any haulage ways.
7. Any other factors the Town Board considers relevant.
E. Every Mining District shall remain in existence for a period of one (1) year from the date of its creation and approval, or upon the abandonment of mining activities therein (either upon the termination of the mining permit term without renewal or otherwise) whichever is later. Upon the permanent termination of mining operations therein, the owner of the premises or the Person responsible for the mining operations conducted therein shall commence reclamation of the premises in accordance with the Reclamation Plan. If the responsible person has not commenced reclamation within sixty (60) days following the permanent termination of mining activities or fails to complete reclamation in accordance with the Reclamation Plan, the Town may take whatever
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steps are necessary to accomplish or complete said reclamation, including resort to litigation and resort to the undertaking provided by the mining operator upon the granting of the mining permit. The mining operator shall advise the Town Planning Board in writing upon the commencement and completion of reclamation.
F. Issuance of mining Special Use Permits.
1. The Town Board hereby authorizes the Town Planning Board to issue mining Special Use Permits in accordance wit the provisions of Section 15 of the Land Use Local Law. No Person shall do, conduct perform, or engage in mining, or operate a mine within the Town, except within a Mining District and except pursuant to a mining Special Use Permit issued by the Town Planning Board in accordance with the procedures set forth in this subsection; provided, however, that it shall be permissible to remove minerals from any parcel of land on a casual basis for noncommercial use with out establishing a Mining District or obtaining a mining Special Use Permit therefore, but in no even shall more than two hundred fifty (250) tons of minerals be removed from any parcel of land during any twelve month period or more than one thousand (1,000) tons of minerals on a cumulative basis, except in a Mining District and pursuant to a mining Special Use Permit issued pursuant to Section 15 of the Land Use Local Law. Any mine site for which the New York State Department of Environmental Conservation has issued a valid mining permit prior to the effective date of Section 15 of the Land Use Local Law and for which the Town Planning Board has approved the site plan prior to the effective date of Section 15 of the Land Use Local Law may continue to be operated (subject to the terms and conditions of said mining permit and site plan approval), without the issuance of a mining Special Use Permit hereunder as long as said mine site is not expanded or enlarged beyond the area, size or scope set forth in said mining permit and site plan approval; any expansion or enlargement of said mine site beyond the area, size or scope set forth in said mining permit and site plan approval.
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shall require the operator thereof to apply for, and obtain, a mining Special Use Permit pursuant to Section 15 of the Land Use Local Law.
2. Applicants for a mining Special Use Permit shall submit to the Town Planning Board eleven (11) copies of the application submitted by such person to the DEC for a mining permit for the mine in the mining district or a signed Town application therefore. If the Town application is submitted, such Town application shall contain the same information as that required for the creation of a Mining District under Subsection C(2) of this section. In the case of the initial creation of a Mining District, the permit application may be combined with the petition for the creation of the Mining District when submitted to the Town Board. The Town Planning Board shall require the applicant to pay, when the permit application is approved, a fee in the amount which will reimburse the Town for the expenses paid by the Town to the Town Engineer (or designated Town consultant) for reviewing the application; provided, however, that when an applicant applies for a mining Special Use Permit concurrently with an application for the creation of a Mining District, the fee paid pursuant to the application shall be sufficient.
3. The Town Planning Board shall consider the application for a mining Special Use Permit at its net regular meeting following ten (10) days after receipt of the application. The Town Planning Board, in conjunction with the applicant, shall establish its own procedure and timetable for the determination of the application, subject to the requirements of Section 274-b of the Town Law.
4. When the applicant has submitted a complete application, the Town Planning Board may grant and approve a mining Special Use Permit for a mine which meets the following criteria:
(a) The applicable provisions prescribed for the mining Special Use Permit have been met.
(b) The mining conforms with all applicable regulations governing the Mining District where it is to be located.
(c) The proposed use will be in harmony with the Town of Colesville Land Use Local Law
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and will not adversely affect the neighborhood if the requirements imposed by the Town of Colesville Land Use Local Law are met.
G. Conditions. In the case of a mining Special Use Permit, conditions placed on such a mining Special Use Permit by the Town Planning Board shall be limited to the following:
(i) ingress and egress to public thoroughfares controlled by the Town;
(ii) routing of mineral transport vehicles on roads controlled by the Town;
(iii) requirements and conditions as specified in the permit issued by the Department of Environmental Conservation under Article 23 of the Environmental Conservation Law concerning setback from property boundaries and public thoroughfare rights-of-way natural or manmade barriers to restrict access, if required, dust control and hours of operation, when such requirements and conditions are established pursuant to subdivision three of section 23-2711 of the Environmental Conservation Law;
(iv) enforcement of reclamation requirements contained in mined land reclamation permits issued by the State of New York. Notwithstanding the foregoing, to the extent authorized by law, if the Town Planning Board is the Lead Agency for purposes of the environmental review of the application for the mining Special Use Permit, the Town Planning Board may impose reasonable conditions and restrictions which address some or all o the following issues and requirements provided that the same are directly related to and incidental to the proposed mining Special Use Permit:
•(a) A requirement that the mining is to be designed, located and operated so as to protect the public health, safety and welfare.
•(b) A requirements that the mining will encourage and promote a suitable and safe environment for the surrounding neighborhood and will not cause substantial injury to the value of other property in the neighborhood.
•(c) A requirement that the mining will be compatible with existing adjoining development and will not adversely change the established character or appearance of the neighborhood.
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•(d) A requirement that effective landscaping and buffering is provided as may be required by the Town Planning Board.
•(e) A requirement that adequate off-street parking and loading are provided in accordance with the Land Use Local Law, and ingress and egress to parking and loading areas are so designed as to minimize the number of curbcuts and not unduly interfere with traffic or abutting streets.
•(f) A requirement that site development shall be such as to minimize erosion and shall not produce increased surface water runoff onto abutting properties
•(g) A requirement that existing public streets and utilities servicing the mining are determined to be adequate.
•(h) A requirement that significant existing trees and vegetation shall be preserved to the extent practicable.
•(i) A requirement that adequate lighting of the site and parking areas is provided and that exterior lighting sources are designed and located so as to produce minimal glare on adjacent streets and properties.
•(j) A requirement that the proposed mining be in harmony with the Land Use Local Law and not adversely affect the neighborhood if the conditions imposed by the Town Planning Board are met.
•(k) A requirement that noise from mining activities and related operations shall not be such as to unreasonably interfere with the quiet enjoyment of neighboring properties. Sources of sound emanating from the mining site shall not exceed a 75 dBA sound level limit for any adjacent property receiving such sound, when measured at or within the property boundary of the adjacent property receiving such sound.
•(l) A requirement that fugitive dust and flying particles shall be confined to the mining site, and disturbed areas shall be kept to a minimum to reduce sources of dust.
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•(m) A requirement that impact vibrations and steady-state vibrations shall be limited to reduced so as to minimize their effect on adjoining properties.
•(n) A requirement that radio-active materials, toxic gases or vapors shall not be emitted on or from the mining site.
•(o) A requirement that no surface water drainage or ground water shall be polluted in any manner that renders it less usable (in quality or quantity for irrigation, swimming, drinking, visual attractiveness or whatever lawful uses are made of water resources to person downstream) than such waters' usefulness as it enters said person's property or area of operation.
•(p) Installation by Applicant of a berm to reduce the noise level to the neighboring residents; specification of the height of the berm; seeding of the berm to prevent erosion and to improve the look of the berm; a fixed completion date for the berm; and the slop of the berm.
•(q) Arrangement of stockpiles to help muffle the sound from crushing and screening operations; height limits for the piles.
•(r) Location or relocation of the exit road to reduce traffic next to the residents across from the mine put.
•(s) A timetable for completion of restoration phases.
•(t) Installation and maintenance of rubber belting on chutes and similar equipment used in mining operations to help reduce noise levels.
•(u) Widening, oiling and stoning by the Applicant of any Town access roads, in consultation with the Town Highway Superintendent.
•(v) For additional soil and erosion control, requiring Applicant to:
[1] Prevent runoff from leaving the Site.
[2] Raise/Depress Entrance/Exit to prevent drainage from going onto road.
[3] Maintain the Entrance/Exit with clean gravel and keep the same washed (dust and mud free) at all times.
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•(w) Requiring Applicant to install signage as requested by the Town Highway Superintendent, and consult with the Town Highway Superintendent regarding recommendations for warning/safety devices.
•(x) Requiring Applicant to keep the roads dust and mud free by periodic washing and sweeping, as needed to control dust and flying particles.
•(y) Requiring Applicant to provide a Truck Staging Area within the mine; and requiring that trucks awaiting the daily opening of the mine must be staged off public highways on Applicant's Site being used for the mining operation.
•(z) Requiring that Applicant shall confine fugitive dust and flying particles to the Permit Area, and:
[1] In the case of any houses within 500 feet of an active mine area, requiring that Applicant shall annually reimburse the owners thereof for the costs incurred by such owners for washing the outside of such houses once per year. (Such annual reimbursement for any one house shall not exceed the sum of $250.00, and shall not be paid without prior notice to Applicant and proof of payment of the washing costs),
[2] In the case of any houses within 500 feet of an active mine area requiring that Applicant shall purchase for each house a home air purifier (at a cost not to exceed $650.00 each) if requested by the homeowner thereof who furnishes a doctor's statement showing that there is a need therefore and that the need was caused by dust from Applicant's mining operation, and
[3] Requiring that Applicant shall periodically spray water on stock piles/hoppers, as needed, to control dust and flying particles.
(aa) To attenuate noise, requiring that Applicant shall:
[1] Lower equipment/raise piles
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[2] Annually review efforts to reduce noise levels in June for additional adjustments.
[3] Annually review noise effects in September, and
[4] Use Applicant's best efforts not to use any crusher or screen before 8 A.M. on Saturdays.
(ab) Requiring that Applicant shall participate in an annual review (between the Town Planning Board, Applicant and other Town officials) within 30 days after the report required by subdivision K(3) hereof has been filed, with special attention to noise, dust and dirt being confined to the mine area.
(ac) Requiring that Applicant shall, to the extent practicable, not cut certain trees or vegetation on Applicant's property.
(ad) Requiring that Applicant shall plant trees (a double row of seedlings on 8' centers, staggered) along certain roads by a certain date, provided, however, that the trees shall not be less than four feet in height if there are any residences in the immediate area. Applicant shall guarantee that all such seedlings (or trees, as the case may be) shall live for a period of at least one year, and in the event any such seedlings (or trees) shall die prior to the expiration of one year, applicant (at its expense) shall replace said seedlings (or trees).
(ae) Requiring that not topsoil shall be removed from the Site, that overburden shall not be considered topsoil, and that all restoration shall include a minimum of 4 inches of topsoil
(al) Requiring that for any persons owning residences within the 500 feet designated area, the Applicant shall protect the fair market value
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of any residences then located within 500 feet of an active mining area from loss of value caused by mining during the term of the Special Use Permit approval; defining the term "active mining area" as including any area used for mining, hauling, or processing, or any area on the site which is unreclaimed; designating those residences within the designated 500 feet area; providing that any such residence owner claiming loss of property value shall be responsible for demonstrating such loss by a professional appraisal, or any other methods which are mutually agreed upon by the residence owner and the Applicant; providing that such protection from loss of value caused by mining shall take the form of reimbursement to be made by the Applicant to the affected residence owners in an amount equal to the difference between:
•(a) the fair market value of the residence prior to the date the Town Planning Board approves and grants and approves the Special Use Permit, and
•(b) the fair market value of the residence as of the date of the professional appraisal thereof; and providing that any dispute regarding a loss of fair market value caused by mining shall be resolved by arbitration, in accordance with the rules of the American Arbitration Association, and that judgment upon the award may be enforced in any court having jurisdiction thereof.
(ag) Providing that the Town Highway Superintendent, Town Supervisor, or Town Building and Code Inspector shall have the authority to issue a written notice of violation where he or she determines that the mining Special Use Permit conditions are being violated; upon such written notice, the Applicant shall have a reasonable amount of time, at least 2 weeks to cure such violations; if the violations persist and are found to be significant, the Town Planning Board shall have the authority to revoke the mining Special Use Permit for good cause; the Applicant shall have the right to a hearing prior to any such mining Special Use Permit enforcement action.
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(ah) Providing that Applicant shall grant the Highway Superintendent, Town Supervisor, Town Building and Code Inspector, Town Engineer (or designated Town Consultant) and members of the Town Planning Board a license to enter upon the Site with reasonable prior notice to Applicant to determine that these conditions are being fulfilled and complied with notwithstanding any signs or other notices purporting to limit access to the Site.
(ai) Specifying, in the case of vehicles going to or from the site, the haul routes to be followed.
(aj) Specifying that Applicant shall refrain from doing any washing of minerals on the Site.
(ak) Requiring if the existing wells of certain neighboring property owners go dry, and if those neighboring property owners can prove that such condition was directly caused by any water usage on the Site by Applicant during the term of the mining Special Use Permit approval, Applicant shall reimburse those neighboring property owners (up to the sum of $2,000.00 each) for the costs incurred by said neighboring property owners in drilling a new well on their properties; and providing that any dispute regarding the dry condition of the wells shall be resolved by arbitration in accordance with the rules of the American Arbitration Association, and that judgment upon the award may be enforced in any court having jurisdiction thereof.
(al) Requiring that Applicant shall comply with all applicable fuel storage and permit requirements of DEC; Applicant shall provide and maintain on site an on-site secondary container large enough to contain the full volume of the fuel tank on site; and the fuel tank
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shall at all times be placed within said secondary container; Applicant shall maintain equipment and supplies on site to contain, remediate, and clean up potential spillage, and immediately use same to clean up any actual spillage; vehicle maintenance shall be conducted to minimize and prevent lubricant and fuel spills; all spills; of chemicals, gasoline, motor oil, or hydraulic fluid in excess of one gallon at any one time must be reported within one hour to DEC and Town Supervisor.
(am) Providing that not more than ten (10) acres (exclusive of the berms and the roadway on the entire site shall be unreclaimed at any one given time.
(an) Requiring that operations shall be conducted in such a manner as to prevent excessive dust and noise.
(ao) Requiring that operations shall generally be restricted to between the hours of 7:00a.m. and 6:00 p.m., Monday through Friday and between the hours of 8:00a.m. and 12 noon on Saturday, provided, however, that the Town Planning Board may, at its discretion, modify these hours depending on prevailing conditions.
(ap) Requiring that the mine operator shall maintain private and public roads and driveways in a dust-free condition and provide such surfacing or other treatment as may be required by the Town Planning Board at the time of approval of the mining Special Use Permit.
(aq) Requiring that open excavations extending below the level of an adjacent highway shall not be closer to the highway right-of-way than one hundred (10) feet. Operations shall be carried on no closer than twenty-five (25) feet from an adjacent property.
(ar) Requiring that finished slopes in any open mining pit shall not be steeper than allowed by the DEC, and that finished slopes shall be graded and each site shall be
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fertilized, mulched and seeded to establish a firm cover of grass or other vegetation sufficient to reduce erosion, and that stone walls of a quarry need not be reduced in slope or reseeded.
(as) Requiring that all surface drainage shall be controlled through the use of dikes, barriers and drainage structures to prevent silt, erosion, debris or other loose materials from being deposited on any public or private highway or on other property; and that all provisions for control of drainage water shall be subject to periodic review by the Town Planning Board.
(at) Requiring that fencing shall be provided along property lines for whatever distance the Town Planning Board shall determine to be necessary for protection of adjoining property and the public.
(au) Requiring that screening may be required to reduce the visual impact of the project on the surrounding properties before mining commences and throughout the duration of the project.
(av) Requiring and providing that whenever the Town Planning Board determines that the excavation of materials is creating a nuisance, or the mining operator has violated the terms of the mining Special Use Permit or of this section, the Town Planning Board may revoke the mining Special Use Permit therefore upon five (5) days written notice after hearing before the Town Planning Board.
(aw) Requiring that no smoke from any source whatever shall be emitted, as measured at the individual property line, of a density greater than, or equal to the density described as No. 2 on the Ringelmann Chart as published by the United States Bureau of Mine provided, however, that the emission of smoke shall not be permitted if it is unreasonably offensive in terms of odor or noxious gases despite its apparent lack of density when measured by the Ringelmann Chart.
(ax) Imposing and requiring such other reasonable conditions and restrictions as are
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directly related to and incidental to the proposed mining Special Use Permit.
If the Town Planning Board is not the Lead Agency for purposes of the environmental review of the application for the mining Special Use Permit, the Town Planning Board may request that the Lead Agency impose some or all of the above described conditions and restrictions.
H. Term of the Mining Special Use Permit. The term of the mining Special Use Permit shall be coincident with the term of any mining permit issued to the applicant by the New York State Department of Environmental Conservation. Otherwise, the term shall be five (5) years. Bond. Each mining Special Use Permit shall include a requirement that the applicant submit a bond (if DEC does not require one), with such surety and in such amounts as the Town Planning Board shall prescribe, in favor of said Town Planning Board, conditioned upon the satisfactory reclamation of the mining site upon the completion of mining operations thereon.
I. Renewals. The applicant shall, upon the expiration of each mining Special Use Permit period, obtain a renewal for a like term by filing an application therefore with the Town Planning Board on a form prescribed by the Town Planning Board, or by filing a copy of the DEC renewal form for the subject mine (if there is such a DEC renewal form). In entertaining said renewal application, the Town Planning Board shall consider, to the extent appropriate and applicable, the same factors considered by the Town Planning Board for an initial application, together with the performance of the renewal applicant under previous permits. The Town Planning Board shall require the applicant to pay a fee in the amount which will reimburse the Town for the expenses paid by the Town to the Town Engineer (or designated consultant) for reviewing the renewal application.
J. Inspections and reports.
(1) The Town Planning Board, the Town Building and Code Inspector, and any engineer engaged pursuant to this subsection shall conduct such periodic inspections, on reasonable notice to the mine operator, as they shall deem necessary to ensure compliance with the terms of the mining Special Use Permit and this section.
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(2) The Town Planning Board may use the Town Building and Code Inspector to inspect each mining operation to determine on a systematic basis its compliance with the mining Special Use Permit and the provisions of this section and to report such determination to the Town Planning Board. The Town Planning Board may devise a schedule for the orderly and systematic inspection of each mining operation.
(3) At least thirty (30) days prior to the anniversary of the granting of a mining Special Use Permit, each mining operator shall submit ten (10) copies of a report, certified by the applicant, showing graphically and by narrative the extent of the operations carried on over the previous year, including any variance from the Mining Plan. If the Town Planning Board finds the report or applicants compliance with the mining Special Use Permit to be defective or deficient in any way, it may consider its expenses of discovering or remedying any such defect in establishing the fee upon the next occurring renewal of the mining Special Use Permit.
L. Violations. The Town Planning Board and the Town Building and Code Inspector shall report, in writing any violations of the mining Special use Permit, any violation of this section of the Land use Local Law, or any apparent violations of applicable United States, New York State or local statutes, local laws, codes, rules or regulations to the Town Board and to the Town Attorney, who shall take whatever steps are available under the Land Use Local Law or any other law to remedy such violations.
For a violation of Section 15 of the Land Use Local Law or a violation of any provision, term or condition of a mining Special Use Permit issued pursuant to Section 15 hereof, the provisions of Section 6.1 of the Land Use Local Law shall be applicable. Nothing herein shall prevent the Town from pursuing and enforcing remedies and sanctions pursuant to Section 6.1 of the Land Use Local Law.
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The below described properties were rezoned Mining District by Local Law 2-2001 enacted April 9, 2001) as follows:
A Local Law of the Town of Colesville amending the Land Use Local Law of the Town of Colesville, Broome County, New York (Creation of a Mining District for premises at 2004 East Windsor Road )
BE IT ENACTED by the Town Board of the Town of Colesville as follows: Section 1. Pursuant to, and in accordance with, the provisions of Section 15 of the Land Use Local Law of the Town of Colesville, Broome County, new York (Town of Colesville Local Law #2 - 1984, as amended) (hereinafter referred to as Land Use Local Law), and in response to the application by the Town of Colesville (hereinafter referred to as Town), the following described property (hereinafter referred to as Property) situated at 2004 East Windsor Road, Town of Colesville, County of Broome, State of New York (Tax Map Numbers 101.02-1-1 and 102.01-1-2) and currently designated as being in the Rural / Agricultural District (R/AG) as defined in the Land Use Local Law is hereby rezoned, designated and classified as being in a Mining District:
[Legal description of said lots inserted here]
Section 2. A Mining District, as that term is set forth in the Land Use Local Law, is hereby created for the Property, subject to all of the regulations, conditions and provisions set forth in the Land Use Local Law for uses within a Mining District.
Section 3. The Town Board (hereinafter referred to as Town Board) of the Town hereby finds and determines that in considering the Town's application for creation of a Mining District at the Property, the Town Board has considered all relevant factors, including the factors specifically
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Set forth in subdivision D of Section 15 of the Land Use Local Law.
Section 4. The Property shall hereafter be shown, described and bounded on the Town Zoning Map as being in a Mining district. The Town Zoning Map be and the same is hereby amended to conform with the provisions of this Local Law.
