Building And Development Control Local Law Town of Smithfield

ARTICLE I: TITLE, ENACTING CLAUSE, PURPOSE, APPLICATION

Section 1.1 Purposes of the Building and Development Control Local Law

The purposes of this Building and Development Control Local Law and the regulations herein set forth are to provide for the orderly growth of the Town, to encourage the most appropriate use of land, to promote compatible land uses, to protect and conserve the value of property, to prevent the overcrowding of land, and to promote the health, safety and general welfare of the public.

Section 1.2 Application of Regulations

Except as herein provided

     No building or land shall hereafter be used or occupied and no building, structure or mobile home or part thereof shall be erected, moved or             altered   unless in conformity with the regulations herein specified.

D

BUILDING AND DEVELOPMENT CONTROL LOCAL LAW TOWN OF SMITHFIELD

AS AMENDED BY LOCAL LAWS

1992-2, 1993-2, 1995-1; 1995-2, 2004-1, 2005-1, 2006-2, 2007-1,2010-1

8/13/07

ARTICLE I: TITLE, ENACTING CLAUSE, PURPOSE, APPLICATION

Section 1.1 Purposes of the Building and Development Control Local Law

The purposes of this Building and Development Control Local Law and the regulations herein set forth are to provide for the orderly growth of the Town, to encourage the most appropriate use of land, to promote compatible land uses, to protect and conserve the value of property, to prevent the overcrowding of land, and to promote the health, safety and general welfare of the public.

Section 1.2 Application of Regulations

Except as herein provided:

            No building or land shall hereafter be used or occupied and no building,  structure or mobile home or part thereof shall be erected, moved or             altered   unless in conformity with the regulations herein specified.

ARTICLE II: DEFINITIONS

Section 2.1 Customary Meaning of Words

Except where specifically defined herein all words used in this Local Law shall carry their customary meanings. Words used in the present tense include the future, and the plural includes the singular, the word “lot” includes the word “plot”; the word “building:’ includes the word “structure”; the word “shall” is intended to be mandatory; “occupied” or “used” shall be considered as though followed by words “or intended, arranged or designed to be used or occupied”.

Section 2.2 Definitions

Agricultural Products - Any organic product with commercial value grown or raised on a farm, including but not necessarily limited to, vegetables, plants, trees, seedlings and other produce, cattle, hogs, chicken, turkeys, goats, sheep, milk and other livestock products, corn, grains, soybeans, hay, straw and other livestock feeds.

Agricultural Use or Farm - Lot containing at least ten acres which is used primarily for raising livestock or other agricultural products, including greenhouses and other farm structures and the storage of agricultural equipment; and as an accessory use the sale of agricultural products raised on the property. Cultivation of wood lots is considered an agricultural use.

Mobile Home – A single, self contained portable structure or vehicle with a permanently affixed towing frame, capable of being propelled or towed on a public highway (whether or not the wheels are presently attached), and so designed and constructed as to permit (pursuant to applicable codes) its use as a residence or as an office for the conduct of a trade, business, profession or occupation.  For purposes of this Local Law, travel trailer and motor homes shall not be considered mobile homes.

Mobile Home Park - a parcel of land at least five (5) acres in size owned or operated by a single party upon which five (5) or more mobile homes are placed and occupied for residential purposes in accordance with licenses issued by the Town of Smithfield and the Madison County Department of Health.

Mobile Home Site - any designated parcel of land in a mobile home park provided by the operator and designed for accommodating one mobile home, its accessory buildings, structures and equipment for the exclusive use of the occupants.

Modular Construction – A structure built in accordance with the requirements of the New York State Building Code, which is not constructed on the parcel where it is intended to be placed, but rather is transported to the site in a substantially constructed state for placement upon a permanent foundation, and which does not contain a permanent towing frame as part of the structure

Motor Home - a motor vehicle propelled by its own power which contains sleeping, and/or cooking and/or sanitary facilities designed and constructed for vacation or other similar temporary use.

New Mobile Home - any mobile home purchased directly from a mobile home dealer which has not been previously utilized as a residence or for the conduct of a trade, business, profession or occupation.

Nonconforming Use or Structure - A use, accessory use, structure, secondary structure, accessory structure, lot, yard or any other activity, component or dimension relating to the use of land, and the improvements thereon, which does not comply with the applicable regulations contained in this Local Law, but which was not in violation of any laws or ordinances at the time of adoption of this Local Law.

Plan (Plot or Site) - The design of a development, including a: plot or subdivision, all covenants relating to use, location, and bulk of buildings and other structures, intensity of use or density of development, private streets, ways and parking facilities. The phrase “provisions of the Plan” when used in these regulations shall mean the written and graphic materials referred to in this definition.

Planning Board - Planning Board of the Town of Smithfield.

Permanent Residence - any building, structure, or mobile home placed on a parcel with the intent that it remain there indefinitely for use as a residence.

Residence - a dwelling place so constructed and/or situated, with water, sewerage and utility facilities attached or provided, so as to contemplate and permit (pursuant to applicable codes) continuous, year-around use thereof for human habitation.

Screening - A permanent barrier including but not limited to, fences, bushes, or trees or other natural and/or artificial material, at least four (4) feet high, which obscures the visual character of any given building or use of land.

Setback - The distance between a lot line and principal, accessory, or secondary structure as required by this Local Law. Where a public or private right-of-way abuts a lot line, the setback shall be measured from the boundary line of said right-of-way closest to the interior of the lot.

Skirting - material of rigid composition for placement around all sides of a mobile home extending from the base of the mobile home to the surface of the ground or pad beneath it, with vent spaces as necessary, and painted in such a manner as to be compatible with the mobile home.

Special Use Permit - A permit for a use considered generally compatible with other permitted uses, but only if certain conditions are met.

Street line - Limit of street or highway right-of-way line. For the purpose of this Local Law, street line shall be the highway right-of-way line, whether or not set forth in a deed or shown on a map, defining the corridors for vehicular and pedestrian traffic used by the general public.

Structure - Anything constructed, erected, installed on or in the ground or which is attached to something located on or in the ground which shall be safe and stable. Structures include but are not limited to stadiums, signs, and in-ground swimming pools.

Structure. Accessory - Structure designed to accommodate an accessory use, but detached from the principal structure such as a garage for vehicles accessory to the principal use, a free standing storage shed, garden house, or similar facility. An accessory structure attached or contained within a principal structure shall be considered part of the principal structure. Barns or other structures designed or intended for the housing of livestock or other animals shall not be considered accessory structures.

Structure Height of - The vertical distance measured from the average elevation of the proposed finished grade at the front of the structure to the highest point of the roof.

Structure, Principal - A structure designed primarily to accommodate the principal use of a lot, such as a dwelling, house, apartment, office, factory, and other commercial structures. A structure designed to provide closed storage of vehicles and which is attached to or contained within a principal structure shall be considered part of the same.

Temporary Residence - any mobile home placed on a parcel for use as a residence during such time, not to exceed two years, as a permanent dwelling is being constructed upon the same parcel.

Travel Trailer - a vehicle not propelled by its own power and drawn by a separate powered motor vehicle, which contains sleeping, and/or cooking and/or sanitary facilities designed and construction for vacation or other similar temporary use.

Use, Accessory - A use customarily incidental and subordinate to the principal use or structure and located on the same lot with such principal use or structure.

Use, Principal - An activity which may be carried on independently of any other activity and which generally characterizes the primary purpose for which land and/or the principal structures thereon are intended and designed.

Used Mobile Home - any mobile home other than a new mobile home as defined herein.

Yard - An open space on the same lot with a building, unoccupied and unobstructed from the ground upward except as otherwise provided in this Local Law.

Yard, Front - The open space extending the full width of the lot from the front line parallel to the part of the principal building which is nearest to such front lot line.

Yard, Rear - An open space extended across the entire width of the lot from the rear lot line parallel to the part of the principal building which is nearest to such rear lot line, unoccupied except for accessory building and open porches.

ARTICLE III: REGULATIONS APPLICABLE TO ALL PROPERTIES, BUILDINGS AND USES

Section 3.1 The following uses are permitted uses on all properties within the Town:

a.         Single family dwellings and associated private garages and outbuildings, including tool sheds, playhouses and greenhouses, pet shelters and swimming  pools.

b.         Farms and farm buildings, including the sale of agricultural products grown or  produced upon the premises.

c.         Orchards, tree and plant nurseries and forestry operations (limited to growing and cutting of trees and excluding commercial operations involving     processing and/or manufacturing of trees and tree products).

d.         In-home occupations not involving regular motor vehicle traffic by someone other  than a resident of the premises upon or to the premises as a result of the conduct  of the business constituting the in home occupation.

e.         Municipal buildings, parks, libraries, museums and schools.

f.          Churches.

g.         Double wide mobile dwellings upon satisfaction of the following standards, as determined and verified by the Codes Enforcement Officer:

            i.          All double wide mobile dwellings shall be sited upon either a full basement  with a concrete floor, a crawl space with a concrete floor, or a six inch  floating concrete slab.  All concrete slabs shall contain steel reinforcing  and shall be at least as large as the exterior dimensions of the home to be  placed upon it.

            ii.         All double wide mobile dwellings placed on a concrete slab must be  skirted with concrete blocks at least six inches in depth parged with   masonry material and waterproof coating.  The area beneath the floor of  the dwelling must be adequately ventilated as required by the New York  State   Building Code and the manufacturer’s recommendations, as  applicable.

            iii.        The roof pitch of the dwelling shall be not less than 4:12.

            iv.        The exterior of the dwelling must be sided with a material approved for  use as siding under the New York State Building Code.

            v.         The roof of the dwelling must be comprised of a material approved for  residential roofing applications under the New York State Building Code.

            vi.        All double wide mobile dwellings without a watertight area suitable for storage, such as a basement or garage area, must include an accessory storage building having at least 100 square feet of watertight storage area. There shall be no outdoor storage of personal property of any kind, (other  than motor vehicles in a driveway or suitable constructed parking area),  unless contained within a fenced-in area which prevents the contents of   the area from being viewed from outside the fence

            vii.       The Codes Enforcement Officer shall inspect the site prior to installation of the double wide mobile dwelling and shall conduct inspections to ensure compliance with the manufacturer’s set-up requirements and proper  electrical, water and septic connections, as well as the applicable site  preparation and other requirements of this local law.

Section 3.2 The following uses are permitted uses on all properties within the Town upon the issuance of a Special Use Permit by the Planning Board.

a.         Multifamily dwellings (includes all buildings housing or intended to house two or

            more families in separate living quarters).

b.         All commercial uses.

c.         All industrial uses.

d.         In-home occupations other than those specified in section 3.1 (d) of this Local Law.

e.         Facilities for the storage, dismantling or processing of scrap metal, junk, junk  cars and equipment or solid waste.

f.          Private clubs and non-commercial recreational uses.

Section 3.3 The following lot size and dimension standards apply to all uses, including single family dwellings, and all structures unless otherwise specified in this Local Law:

a.         Minimum lot size shall be one (1) acre unless an alternate septic system is required to comply with New York State standards, in which case the minimum   lot size shall be two (2) acres.

b.         Minimum road frontage shall be two hundred (200) feet.

c.         Minimum lot depth shall be one hundred fifty (150) feet.

d.         Minimum front yard setback shall be sixty (60) feet.

e.         Minimum rear yard setback shall be thirty (30) feet.

f.          Minimum side yard setback shall be thirty (30) feet.

g.         Maximum building height shall be thirty-five (35) feet (farm buildings shall be   exempt from this requirement).

h.         Maximum area of lot coverage by building(s) or structures shall be twenty (20)            percent.

i.          Lot depth shall not be more than three (3) times the length of the road frontage of

            the lot.

Wind Power (Sections 3.3B – 3.3D)

Section 3.3-B The following lot size, dimension and construction standards apply to wind powered electricity generation facilities only, and shall supersede any other inconsistent provisions of this Local Law:

a.         Minimum lot size shall be five (5) acres.

b.         Minimum road frontage shall be four hundred fifty (450) feet.

c.         Minimum lot depth shall be four hundred fifty (450) feet.

d.         Maximum structure height shall be as determined by the Planning Board in the course of its special permit review.

e.         i.          The minimum setback distance between each production line

                        commercial wind power electricity generation unit (wind turbine tower)   and: all surrounding street and property lines, public street rights of way,   overhead utility lines, any dwellings, and any other generation units,  above-ground transmission facilities, electrical substations and separate  meteorological tower facilities, shall be equal to no less than 1.5 times the sum of the proposed structure height plus the rotor radius. The property  line setback requirement may be reduced by the Planning Board as an   incident of special permit review when the Planning Board finds that the following circumstances apply: the property line in question a) separates  two properties that are both part of a commercial wind powered electricity  generation facility, and b) either, i) both properties on each side of the boundary line in question will have electricity generation or transmission  facilities constructed on them as part of the project under review, or ii) the  owner of the property for which the reduced setback is sought executes  and presents for recording a development easement satisfactory to the  Town in which the reduced setback is consented to, and construction                                  within, and use of the easement area is appropriately restricted.  

            ii.         No experimental, homebuilt, or prototype wind turbines shall be allowed without documentation by the applicant of their maximum probable blade  throw distance in the event of failure, and a determination by the Planning  Board of appropriate setback distances on the basis of that  documentation.

Section 3-3-C Additional standards for granting special use permits for wind power electricity generation and transmission facilities

No special use permit shall be granted for commercial wind power electricity generation and/or transmission facilities unless it is determined by the Planning Board that the proposed use meets all of the following criteria, in addition to those general criteria listed in Section 3.3-B:

a.         No individual tower facility shall be installed in any location along the major axis  of an existing microwave communications link where its operation is likely to produce electromagnetic interference in the link’s operation.

b.         No individual tower facility shall be installed in any Iocation where its proximity  with existing fixed broadcast, retransmission, or reception antenna (including esidential reception antenna) for radio, television, or wireless phone or other  personal communication systems would produce electromagnetic interference with signal transmission or reception. The applicant shall submit documentation   to this effect from a recognized consultant practicing in this field.

Section 3.3-D Submission of additional supporting data for site plan of wind power electricity generation and transmission facilities

Section 3.4 Residential Lots Existing Prior to Adoption or Amendment of this Local Law.

For residential uses, upon review and after issuance of a Special Use Permit by the Planning Board, nothing shall prohibit a lot of less area or less frontage than that required for a single family dwelling, provided that a.) the lot cannot be enlarged to conform with these requirements, when such lot, at the time of the passage or amendment of this Local Law regulating the size of building lots, was held under separate ownership from the adjoining lots, or b.) such lot is a principal element of a subdivision map filed in the Office of the Madison County Clerk prior to adoption of this Local Law.

Section 3.5 Dwellings on Lots

There shall be only one residential building on a lot. More than one residence per lot shall only be permissible on farms for hired help or family members of the farm operator only, and then only upon the issuance of a Special Use Permit by the Planning Board.

Section 3.10 Access and Safety

The Planning Board may require changes or additions in relation to yards, driveways, driveway entrances and exits, landscaping, and the location and height of buildings and enclosures to insure safety, to minimize traffic difficulties, and to safeguard adjacent properties.

Section 3.11 Accessory Structures in Residential Lots.

Lot line setbacks from the site or rear lot lines shall be reduced to a minimum of ten (10) feet for each accessory structure per lot, which structure shall not exceed 400 square feet of total floor area. The maximum height of such accessory structure shall not exceed 20 feet. This exception shall not apply to garages, which shall meet the setback requirements of Section 3.3.

Section 3.12 Storage of Vehicles and Junk.

Construction equipment and materials, vans and trucks of more than one ton carrying capacity, unlicensed motor vehicles, cars used for drag or stock car racing and accumulations of automotive or machine parts and/or scrap materials (including, but not

ARTICLE IV SUPPLEMENTARY REGULATIONS

Section 4.1 Sanitary Facilities.

a.         All residential, commercial and industrial structures shall have and maintain  adequate and sanitary water supplies and sewage disposal systems in accordance with state and local regulations, to include indoor plumbing and adequate and approved septic system or connection to public sewer.

b.         On all premises, any storage or garbage, offal or other noxious domestic wastes  that could create a public health nuisance by attracting, feeding or harboring rodents, insects or other animals or by creating an offensive odor, shall be stored in a sanitary manner in covered containers and removed from the premises in a regular periodic basis.

Any violation of this Local Law is an offense punishable by a fine and/or imprisonment not exceeding the maximum penalties for an offense established under New York State law.

             Section 6.4       Complaints of Violations.

Whenever a violation of this Local Law occurs, any person may file a complaint in regard thereto. All such complaints shall be made to the Code Enforcement Officer, who shall properly record and promptly investigate such complaint. In the case of written complaints the Code Enforcement Officer shall file a written report of the results of his investigation and send a copy of that report to the complainant with a copy of the complaint and of the report to the Town Supervisor.

II.                     A new Article VI-A of the Building and Development Control Law ofthe Town of Smithfield is hereby enacted to read as follows:

ARTICLE VI-A ADMINISTRATION AND ENFORCEMENT OF STATE CODES

Section 6A-I Purpose and Intent

This article provides for the administration and enforcement ofthe New York State Uniform Fire Prevention and Building Code (the Uniform Code) and the State Energy Conservation Construction Code (the Energy Code) in the Town of Smithfield. Alllocallawsandior ordinances adopted prior to the adoption of this article which are inconsistent with the provisions of this article are hereby deemed repealed and superseded by this article. Except as otherwise provided in the Uniform Code, other state law, or other section ofthis local law, all buildings, structures, and premises, regardless of use or occupancy, are subject to the provisions of this article.

Section 6A-2 Definitions

In this article:

"Building Permit" shall mean a permit issued pursuant to section 6A-4 of this article. The term "Building Permit" shall also include a Building Peimit which is renewed, amended or extended pursuant to any provision of this local law .

"Certificate of Occupancy" / "Certificate of Compliance" shall mean a certificate issued pursuant to subdivision (b) of section.e.A- 7 of this local law.

"Code Enforcement Officer" shall mean the Code Enforcement Officer appointed pursuant to subdivision (b) of section 6A-3 of this local law.

"Code Enforcement Personnel" shall include the Code Enforcement Officer and all Inspectors. "Compliance Order" shall mean an order issued by the Code. Enforcement Officer pursuant to subdivision(a) of section 6A-15 of this local law.

"Energy Code" shall mean the State Energy Conservation Construction Code; as currently in effect and as hereafter amended from time to time.

"Inspector" shall mean an inspector appointed pursuant to subdivision (d) of section 6A-3 of this local

                                                                                                          .

"Operating Permit" shall mean a permit issued pursuant to section 6A-1O of this local law. The term "Operating Permit" shall also include an Operating Permit which is renewed, amended or extended pursuant to any provision of this local law:

"Permit Holder" shall mean the Person to whom a Building Permit has been issued.

                             (6) to issue orders pursuant to subdivision (a) of section 6A-15 (Violations) of this local law;

                             (7) to maintain records;

                              (8) to collect fees as set by the Town Board of this Town;

                              (9) to pursue administrative enforcement actions and proceedings;

(10) in consultation with this Town's attorney, to pursue such legal actions and proceedings as may be necessary to enforce the Uniform Code, the Energy Code and this local law, or to abate or correct conditions not in compliance with the Uniform Code, the Energy Code or this local law; and

(11) to exercise all other powers and fulfill all other duties conferred upon the Code Enforcement Officer by this local law

(b) The Code Enforcement Officer shall be appointed by the Town Board. The Code Enforcement Officer shall possess background experience related to building construction or fire prevention and shall, within the time prescribed by law, obtain such basic training, in-service training, advanced in-service training and other training as the State of New York shall require for code enforcement personnel, and the Code Enforcement Officer shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.

( c) In the event that the Code Enforcement Officer is unable to serve as such for any reason, an individual shall be appointed by the Town Board to serve as Acting Code Enforcement Officer. The Acting Code Enforcement Officer shall, during the term of his or her appointment, exercise all powers and fulfill all duties conferred upon the Code Enforcement Officer by this local law.

(d) One or more Inspectors may be appointed by the Town Board to act under the supervision and direction of the Code Enforcement Officer and to assist the Code Enforcement Officer in the exercise of the powers and fulfillment of the duties conferred upon the Code Enforcement Officer by this local law. Each Inspector shall, within the time prescribed by law, obtain such basic training, in­service training, advanced in-service training and other training as the State ofN ew York shall require for code enforcement personnel,and each Inspector shall obtain certification from the State Fire Administrator pursuant to the Executive Law and the regulations promulgated thereunder.

( e) The compensation for the Code Enforcement Officer and Inspectors shall be fixed from time to time by the Town Board of this Town.

Section 6A-4 Building Permits.

(a) Building Permits Required. Except as otherwise provided in subdivision (b) of this section, a Building Permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof, and the installation of a solid fuel burning heating appliance, chimney or flue in any dwelling unit. No Person shall commence any work for which a Building Permit is required without first having obtained a Building Permit from the Code Enforcement Officer.

(b) Exemptions. No Building Permit shall be required for work in any of the following categories:

(1) construction or installation of one story detached structures associated with one- or two-family dwellings or multiple single-family dwellings (townhouses) which are used for tool and

storage sheds, playhouses or similar uses, provided the gross floor area does not exceed 144 square feet   (13.88 square meters);   

                                                                                                        .

(2) installation of swings and other playground equipment assoCiated with a one-or two-family dwelling or multiple single-family dwellings (townhouses);

(3) installation of swimming pools associated with a one- or two-family dwelling or multiple single-family dwellings (townhouses) where such pools are designed for a water depth ofless than 24 inches and are installed entirely above ground;

                                    (4) installation of fences which are not part of an enclosure surrounding a swimmingpool;

                                  (5) construction of retaining walls unless such walls support a surcharge or impound

                                     Class I, II or IlIA liquids;                                                                                                                                                    (6) construction oftemporary motion picture, television and theater stage sets andscenery;

       (7) installation of window awnings supported by an exterior wall of a one- or two­family dwelling or multiple single-family dwellings (townhouses);

                               (8) installation of partitions or movable cases less than 5'-9" in height;

                                (9) painting, wallpapering, tili and carpeting, or other similar finish work;

   (10) installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances;

    (11) replacement of any equipment provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications; or

(12) repairs, provided that such repairs do not involve (i) the removal or cutting away of a loadbearing wall, partition, or portion thereof, or of any structural beam or load bearing component; (ii) the removal or change of any required means of egress, or the rearrangement of parts of a structure in a manner which affects egress; (iii) the enlargement, alteration, replacement or relocation of any building system; or (iv) the removal from service of all or part of a fire protection system for any

period of time.

( c) Exemption not deemed authorization to perform non-compliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in subdivision (b) of this section shall not be deemed an authorization for work to be performed in violation of the Uniform

               Code or the Energy Code.                                                 .

(d) Applications for Building Permits. Applications for a Building Permit shall be made in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. The application shall be signed by the owner of the property where the work is to be performed or an authorized agent of the owner. The application shall include such information as the Code

Enforcement Officer deems sufficient to permit a detenninationby the Code Enforcement Officer that

. the intended work complies with all applicable requirements of the Uniform Code and the Energy Code. The application shall include or be accompanied by the following information and documentation:

(1) a description ofthe proposed work;

(c) Inspection results. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the PennitHoldershall be notified as to where the work fails to comply withthe Uniform Code or Energy Code. Work not in compliance with any applicable provision of the Uniform Code or Energy Code shall remain exposed until such work shall have been brought into compliance with all applicable provisions of the Uniform Code and the Energy Code, reinspected, and found satisfactory as completed.

section may be pursued at any time, whether prior to, simultaneously with, or after the pursuit of any

                  penalty specified in subdivision (2) of section 382 ofthe Executive Law.:                      .

Section 6A-15 Fees

A fee schedule shall be established by resolution of the Town Board of this Town. Such fee schedule may thereafter be amended from time to time by like resolution. The fees set forth in, or determined in accordance with, such fee schedule or amended fee schedule shall be charged and collected for the submission of applications, the issuance of Building Permits, amended Building Permits, renewed Building Permits, Certificates of occupancy / Certificates of Compliance, Temporary Certificates, Operating Permits, fire safety and property maintenance inspections, and other actions of the Code Enforcement Officer described in or contemplated by this local1aw.

                  III.      This local law shall take effect immediately upon filing with the office of the Secretary of

State.

DOS-239 (Rev. 11199)

ARTICLE VII APPEALS

Section 7.1 Creation, Appointment and Organization of the Board of Appeals.

The Board of Appeals of the Town of Smithfield is hereby created in accordance with the provisions of Article 16 of the Town Law of the State of New York.

Section 7.2 Powers and Duties.

The Board of Appeals shall have all the following powers and duties:

a.         Interpretation: Upon appeal from a decision of the Codes Enforcement Officer, to decide questions involving interpretation of any provision of this Local Law.

b.         Variances: To vary strict application of the requirements of this Local Law in the case of exceptionally irregular, narrow, shallow or steep lots, or other exceptional  physical conditions, whereby strict application would result in practical difficulty or unnecessary hardship that would deprive the owner of the reasonable use of the  land or building involved. In granting any variance, the Board shall prescribe  conditions that it deems to be necessary or desirable.

c.         Decisions of the Board of Appeals shall be made within ninety days from the time  that the application has been filed with the Board; decisions shall be by  resolution, shall contain a full statement of findings of fact in the case, and shall be recorded in the minutes of the Board.

Section 7.3 Granting of Variances.

No variance in the strict application of any provision of this Local Law shall be granted by the Board unless it finds:

a.         Strict application of the Local Law would produce undue hardship and that the hardship is not self-created.

b.         The hardship is unique and is not shared by all properties alike in the immediate vicinity of the property.

c.         The variance would observe the spirit of the Local Law and would not change the character of the neighborhood, be injurious to the neighborhood or otherwisedetrimental to public welfare.

d.         The variance is the minimum necessary to grant relief.

Section 7.4 Procedure for Interpretation or Variance.

a.         The Board of Appeals shall act in strict accordance with the procedure specified  by the Town Law and by this Local Law. All applications made shall be in writing, on forms prescribed by the Board. Every application shall refer to the specific  provision of the Local Law involved, and shall set forth the interpretation claimed,  or details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted.

b.         .At least thirty days before the date of the public hearing, the secretary shall  transmit to the Planning Board a copy of the application and notice of hearing.The Planning Board shall submit a report of its advisory opinion prior to the  hearing. Failure of the Planning Board to submit a report shall signify its approval of the application.

c.         Owners of property within 200 feet of the proposed variance shall be notified by mail at the same time the public hearing notice is given to the newspaper prior to public hearing.

ARTICLE VIII PLANNING BOARD

Section 8.1

The existence of the Planning Board of the Town of Smithfield is hereby affirmed and continued. The Planning Board shall continue to consist of seven (7) members to be appointed by the Town Board and it shall have all the powers and duties bestowed by this Local Law and by Article 16 of the Town Law of the State of New York, including the power to review and approve applications for Special Use Permits and Subdivision approval.

Section 8.2 Issue of Special Use Permits.

In every case where a Special Use Permit is required by this Local Law, the Planning Board shall action a request for such a permit only after:

a.         Owners of property within 200 feet of the property on which the Special Use   Permit is required shall be notified by mail at the Same time the public hearing  notice is given to the newspaper prior to public hearing.

b.         A public hearing has been held pursuant to the Town Law of the State of New  York.

c.         In certain Special Use Permit cases, until the County Planning Board referral   requirements of Article 12-8, Section 239-M of the General Municipal Law have   been met.

Section 8.3 Required Plan.

An application for a Special Use Permit shall be accompanied by three sets of preliminary site plans, and other descriptive matter to portray clearly the intentions of the applicant. These documents shall become a part of the record. Such plans shall show location of all buildings, parking, access and circulation, open space, landscaping,

and other information necessary to determine if the proposed special use meets the requirements of this Local Law.

Section 8.4 Standards Applicable to All Special Uses.

The Planning Board may issue a Special Use permit only after it has found that all the following standards and conditions have been satisfied.

a.         Location, size of use and structure, nature and intensity of operations involved,  size of site in relation to it, and the location of the site with respect to streets giving access to it, are such that it will be in harmony with orderly development of  the area and will not alter the essential character of the area.

b.         Location, nature and height of buildings, walls and fences will not discourage the  appropriate development and use of adjacent land and buildings, or impair their  value.

c.         Proposed parking and traffic circulation facilities shall be adequate for present  and future needs to insure the orderly development of the district.

d.         The proposed use will not create a hazard to public health, safety, morals or the   general welfare.

e.         Sufficient and appropriate landscaping or other screening is provided to ensure  compatibility with adjoining and nearby uses.

f.          Proposed sanitation facilities (Le. sewage facilities, garbage storage, etc.) shall   be sufficient and adequate for all proposed uses to protect health and property   values in the area.

Section 8.5 Performance Bonds.

The Planning Board may require as a condition for the approval of an application for a special use permit that the owner file a performance bond, in such amount as it determines to be in the public interest, to ensure that the proposed development will be built in compliance with the accepted plans.

ARTICLE IX: MOBILE HOMES

Section 9.1 - General Regulation of Mobile Homes

a.         It shall be unlawful, within the limits of the Town of Smithfield, to park or place a  mobile home except upon compliance with the provisions of this Local Law and   the Sanitary Law of the Town of Smithfield.

b.         Except to the extent particular provisions of this Article conflict with or are more specific than other provisions of this Local Law, all provisions of this Local Law pertaining to residence structures and placement of structures upon any lot shall also be deemed applicable to mobile home residences. No mobile home shall be  parked or placed within the Town of Smithfield except upon a farm or in a duly  licensed mobile home park and upon the prior issuance of a permit therefore by  the Town Code Enforcement Officer. No mobile home shall be occupied, either  as a residence or as a place of business, except upon the prior issuance of a certificate of occupancy by the Code Enforcement Officer.

c.         No more than one mobile home shall be parked or placed on any farm parcel  within the Town unless a Special Use Permit has been issued pursuant to the provisions of section 3.5 of this Local Law.

d.         No mobile home shall be parked or placed on any parcel within the Town for any   purpose other than use as a principal residence structure. Use of a mobile home   on any parcel for any purpose other than as a principal residence, including, but  not limited to, storage or animal housing, is hereby prohibited. Junked mobile  homes shall be permitted only in licensed junkyards.

e.         No permit for the placement of a mobile home within the Town shall be issued  until all of the following performance standards have been met to the satisfaction of the Codes Enforcement Officer:

            i.          The mobile home site must be graded to allow the safe placement of the  mobile home. The mobile home site shall have one of the following in   place to accommodate the placement of the mobile home

                        a.         A six inch thick, steel mesh reinforced concrete pad with

                                    dimensions at least as large as the exterior dimensions of the

                                    mobile home to be placed upon it, or;

                        b.         Concrete piers at least 12” in diameter or width, placed no more  than 10 feet apart (or to manufacturer’s recommendations if

                                    available) around the perimeter of the mobile home, and also  placed to a depth of 4 feet below the ground surface or to bedrock,

                                    whichever is less.

            ii.         Driveway, septic system and water supply must be installed and approved  by the Code Enforcement Officer prior to placement of the mobile home   on the mobile home site.

f.          All mobile homes shall be skirted prior to the issuance of a certificate of  occupancy.

g.         All ground within 25 feet of the mobile home, or to the property line, whichever is less, shall be graded and seeded or paved to allow sufficient access by         emergency vehicles and personnel. In addition any ground disturbed during site preparation or placement of the mobile home shall be regraded and

            seeded or otherwise appropriately landscaped. This provision shall not be construed to require the removal of any trees which the owner otherwise

            desires to remain for landscaping purposes.

h.         No travel trailer or motor home shall be used as a residence within the Town of  Smithfield.

i.          No mobile home may be enlarged or otherwise altered by any construction which penetrates in any way the exterior of the mobile home.

Section 9.2 - Residences

No mobile home shall be parked or placed in the Town of Smithfield for use as a residence unless it has affixed to it its original manufacturer’s data plate indicating a year of manufacture of 1976 or later.

Section 9.3 - Temporary Residences

a.         Upon the issuance of a Special Use Permit, a mobile home may be parked or  placed within the Town of Smithfield for use as a temporary residence while the owner of the subject parcel constructs a permanent residence structure.

b.         No mobile home shall be parked or placed in the Town of Smithfield- as a  temporary residence for a period longer than two years from the date of issuance  of the permit therefore. Upon the expiration of such two year period, one (but no   more than one) six month provisional extension of the permit to use a mobile home as a temporary residence may be obtained from the Code Enforcement  Officer upon the Codes Enforcement Officer’s determination that the applicant is  proceeding in good faith toward the completion of the permanent residence  structure, and proof that at least the foundation of the permanent residence  structure has been completed.

c.         The permanent residence structure shall consist of either a home of conventional  construction or modular construction.

Section 9.4 - Used Mobile Homes

a.         No used mobile home shall be parked or placed within the Town (either as a permanent or temporary residence), except upon the issuance of a permit by the  Code Enforcement Officer for the placement of any such mobile home.

b.         Upon application for a permit for the placement of a used mobile home for a residence structure, the burden of proof shall be upon the Applicant to      demonstrate to the Code Enforcement Officer, through the use of documents,     photographs or such other appropriate evidence, that each of the following     conditions is met:

            1.         That the mobile home meets all requirements of the New York State   Building and Energy Conservation Codes pertaining to mobile homes;

            2.         The mobile home must be free of detectable defects in the plumbing,

                        heating and electrical systems;

            3.         No exterior rust shall be visible on the mobile home;

            4.         The factory or replacement siding and roof shall be intact;

            5.         All windows shall be intact and functional;

            6.         The mobile home must be identifiable by make, model and year of   manufacture and must be accompanied by a manufacturer’s data plate                                   indicating a date of manufacture after 1975; and

            7.         All smoke detectors shall be in place and functional in accordance with   applicable state and federal codes and guidelines.

Section 9.5   Existing Mobile Homes

a.         Any mobile home situate within the Town and being used as a principal   residence pursuant to a valid mobile home permit and/or certificate of occupancy issued by the Code Enforcement Officer as of the effective date of this Article shall be considered a nonconforming use and structure, the occupancy of which may be continued subject to the provisions of this Article and Article V of this   Local Law. In the event of any conflict in the provisions of this Article and Article   V pertaining to the non-conforming status of mobile homes, the provisions of this   Article shall control.

b.         Notwithstanding the provisions of paragraph (a) of this section, or any other  provision of this Local Law, any mobile home situate on any parcel within the    Town as of the effective date of this Article which is not being used as a principal  residence structure as of the effective date of this Article (other than junked  mobile homes within a licensed junkyard) shall be permitted to remain on such  parcel for a period not to exceed two years from the effective date of this article.     Upon the expiration of such two year period, all properties within the Town shall  be in compliance with Section 9.1, paragraph (d) of this Article.

c.         The nonconforming status of any use, structure or parcel grandfathered under  the provisions of paragraph (a) of this section 9.5 shall terminate upon cessation  of use of the nonconforming mobile home as a principal residence structure upon  the parcel for a period of twelve (12) consecutive months.

v.         The mobile home being replaced must be removed from the site within   thirty days of the completion of the installation of the newer mobile home.                                      No certificate of occupancy for the newer mobile home may be issued until the mobile home being replaced has been removed from the site.

Section 9.6  License to Operate Mobile Home Park

a.         It shall be unlawful, within the limits of the Town of Smithfield, to operate a mobile  home park without first having obtained a mobile home park license from the  Town Code Enforcement Officer and the Madison County Department of Health .

b.         Such mobile home park license shall be issued by the Town Code Enforcement

            Officer upon the payment of an application fee to be determined from time to time  by resolution of Town Board, and upon the review and approval of the Planning  Board, which approval shall be granted only after inspection of the premises by  the Town Code Enforcement Officer, and certification by such inspector (or a   New York State licensed professional engineer) that said mobile home park location was found to be in conformance with the requirements of this local Law   and the requirements of the New York Sate Department of Health.

c.         No mobile home park license shall be issued unless the applicant therefore has  complied with the following requirements:

            1.         The applicant shall submit a scale drawing by a New York State licensed   surveyor or engineer of his proposed mobile home park, which plan  shall  show in detail the exact location of said mobile home park, the number of  units for which said park shall be licensed, the distance between the                                  mobile homes, the location of roadways, recreational facilities, and the     proposed plan for water supply and swage disposal facilities and electrical  power.

            2.         No mobile home park shall be located except in a well drained site   suitable for such purpose, and having adequate room for the number of                                   mobile homes authorized in said license.

            3.         No mobile home shall be place in a mobile home park within 1 00 feet of   any adjoining public street line.

            4.         No mobile home shall be place or parked closer than 50 feet from any   permanent structure or closer than 50 feet from any property line.

            5.         No mobile home shall be place in a mobile home park closer than 50 feet   from an adjoining mobile home or structure attached thereto.

            6.         No drains from toilets, lavatories, showers or sinks shall be permitted to   flow onto the surface of the ground or into any ditch, but must be                         connected to a sewer line emptying into a septic tack and drainin into an adequate seepage field, or such with other approved

                        sanitary systems.

            7.         All mobile homes located within a mobile home park shall be provided with  a connection to a private or public water system providing a steady flow of    clear and pure water, found safe to drink after being tested by approved standards.

            8.         All mobile home parks shall be adequately equipped with sanitary covered  receptacles for all garbage and refuse and covered receptacles shall be  furnished for the use of the occupants. No uncovered refuse or other  unsanitary conditions shall be permitted in any mobile home park.

            9.         No mobile home park license shall be issued unless the applicant has filed  with the Town Clerk a certificate from the Madison County Health                                               Department that the proposed mobile home park has been inspected by   the County Health Department, and has been approved and found to be in   compliance with New York State Sanitary Code.

            10.       All mobile homes within a mobile home park shall access the public highway via an internal drive. No mobile home site shall have direct                                access to the public highway.

d.         All mobile home sites and mobile homes located in any mobile home park shall  meet all performance standards and other requirements of this Article,

e.         The owners of a licensed mobile home park shall keep a registry of all occupants  which shall include the occupant’s name, address, and mobile home license or     serial number, the make, model and year of the mobile Horne and the number of   persons occupying same, which registry shall be available at all time for inspection by the Code Enforcement Officer or other Town official.

ARTICLE X DRIVEWAYS

Section 10.1 Purpose

The purpose of this article is to establish regulations for the construction of driveways allowing access to own roads within the Town of Smithfield: This article is adopted with the understanding that the Town highway system serves two major. purposes: it must provide safe and efficient movement of people and goods and reasonably convenient access to the abutting property owner. The intent of this article is to balance these two roles without allowing one to become a serious detriment to the other.

Section 10.2 Permits

Any person, institution or corporation desiring to construct a residential driveway or commercial driveway (as such terms are defined in this Article) for permanent or

temporary vehicular access to a town highway shall obtain a driveway permit prior to the commencement of construction from the Town Codes Enforcement Officer upon the advice and recommendation of the Town Highway Superintendent. Farm driveways (as defined in this Article) and in-home occupations using existing residential driveways and not involving regular motor vehicle traffic by someone other than a resident of an existing residence shall not be subject to the provisions of this Article.

a.         Application:

            i.           Applications for a driveway permits shall be on such forms as determined and supplied by the Town Codes Enforcement Officer and shall include  such information as may be necessary to determine compliance with this    article and any other applicable codes, rules and regulations.

            ii.         The applicant shall furnish with the application maps detailing the location  of the property and the specific location of the proposed driveway for                           which approval is requested. The Town Code Enforcement Officer and/or    Town Highway Superintendent may require such other additional                                                documentation including but not limited to photographs, surveys or reports  sale discretion shall deem appropriate.

b.         Issuance. Within a reasonable time after the submission of a completed  application, appropriate fee, and additional documentation, if necessary, the        Codes Enforcement Officer shall cause a copy of the application to be delivered to the Town Highway Superintendent for review. Should compliance be             determined, the Code Enforcement Officer shall issue a permit for the   construction of the driveway as specified on the application. An incomplete            application or lack of sufficient information shall be cause for denial of the permit.

Section 10.3 Classifications.

Driveways shall be classified as to the most prominent use of the driveway. All driveways entering town roads shall be classified as follows:

a.         Farm driveways: a driveway servicing a farm yard, cultivated or uncultivated field,  timberland, or undeveloped land not used for a nonagricultural purpose, and   utilized primarily by farm vehicles such as tractors, and other off-road agricultural   vehicles.

b.         Residential driveway: a driveway servicing a private home or other single or   multiple family residence.

c.         Commercial driveway: a driveway servicing a commercial establishment,  industry, governmental or educational institution, private utility, hospital, church,      apartment building or other comparable traffic generating facility.

Section 10.4 Design regulations for Residential and Commercial Driveways.

a.         The maximum number of driveway entrances onto a town road shall be one per  building lot having 200 feet of frontage or less, which restriction shall not be  deemed to prohibit circular or u-shaped driveways where they are necessary for safe ingress and egress to and from the public road. If the lot frontage is greater than 200 feet, two or more driveway entrances may be allowed if all other  standards of this Article are met and there is no detrimental effect on public  safety.

b.         No driveway shall be constructed within 100 feet of a road intersection measured  from the nearest intersection of the right-of-way lines.

c.         The angle of all driveways with town roads shall be as close to 90° as practicable, but in no event less than 45°.

d.         The minimum driveway width shall be 10 feet.

e.         The minimum return radius at the intersection of driveways and the road surface  shall be 10 feet and in no case shall the radius extend beyond the intersection of  the pavement edge and the side property line as projected.

f.          Driveways shall slope down from the road surface to the drainage line at grades of 3/4 inch per foot or existing shoulder pitch, whichever is greater.

g.         The sizes and slopes of driveway storm drains and culverts within the town road   right-of-way shall be as specified by the Town Highway Superintendent. The  owner shall bear all costs for pipe, grating, paving, etc., required within such    right-of-way.

h.         No driveway shall be constructed where the sight distance is less than 10 times  the legal, posted, maximum limit. The applicant shall also trim brush and    maintain his/her property in such a manner as to maintain optimal sight distance. i.   Driveways and parking areas shall be designed so that no parking, loading orservicing of vehicles will take place within the town road right-of-way and so no   vehicles will be required to back onto the town road to gain ingress or egress to  the abutting property.

Section 10.5 Drainage regulations.

a.         All existing and proposed drainage conditions shall be indicated on the plans  submitted by the applicant.

b.         Facilities to carry water through and/or off the owners’ property shall be designed  and constructed so that no damage or surface ponding will occur to, or on,  existing and proposed buildings, driveways, adjacent properties, drainage  facilities and public improvements.

c.         In no case shall a driveway be constructed so as to convey water onto the road  surface.

Section 10.6 Location and layout.

a.         A driveway system shall be so located as to provide:

            i.          The most favorable vision, grade and alignment conditions for motorists  using the proposed driveway and highway;

            ii.         The least interference with the free and safe movement of highway traffic;

                        and

            iii.        The maximum safety and convenience for pedestrians and other users of the highway right-of-way.

b.         Placement. In the interest of public safety and convenience, the Town Codes Enforcement Officer may restrict the placement of a driveway to a particular  location along the owner’s road frontage or require the relocation of existing  driveways subject to this Article.

c.         Restrictions. Driveways for new subdivisions or resubdivisions shall, where  necessary for safe ingress and egress to and from the individual lots and the  public road, utilize one or more shared private drives for common access to the highway in order to minimize, to the maximum extent practicable, the number of   new driveway access points to town roads. The Code Enforcement Officer shall  impose such other restrictions and conditions on the issuance of a driveway    permit as, in his discretion, may be required to implement the purposes of this  Article. Such other conditions and restrictions may include, but are not limited to,   traffic control devices, pavement markings, turn restrictions or other conditions deemed necessary.

Section 10.7 Liability.

The adoption of this Article is to provide a minimum procedure for the regulation of access to Town highways. Its adoption and enforcement is not intended to relieve the property owner and the individuals constructing driveways in the Town from any obligation or responsibility to avoid the creation of dangerous conditions. Additionally, the adoption, administration or enforcement of this Article shall not act as the basis for any claim of any nature against the Town of Smithfield concerning the location, existence, maintenance, construction, regulation or design of driveways.

Section 10.8 Maintenance responsibility.

a.         Property owners having access to a Town highway shall be fully responsible for maintenance of their driveway and channelization, including the portion from the hghway right-of way line to the outside edge of the highway shoulder or curb line. The maintenance responsibility includes removal of snow and ice and  keeping the portion within the highway right-of-way in a safe condition for the general public.

b.         The property owner shall be responsible for the maintenance of ditches, pipes,  catch basins, grates and other drainage structures constructed in connection with providing access to his property. All traffic control devices, such as stop and yield signs, etc., installed by the property owner in the highway right-of-way with the permission of the town, shall conform to the Manual of Uniform Traffic Control Devices and be maintained, and replaced by the property owner. The property owner shall also trim brush and maintain his property in such a manner as to maintain optimal sight distance.

Section 10.9 Performance bonds and deposits.

A performance bond and/or a deposit may be required for a permit issued for construction or reconstruction of a commercial driveway to protect the town against the cost of completing construction or correcting deficiencies. The deposit shall be returned when the work is satisfactorily completed. The performance bond amount or deposit will be prescribed by the Town Highway Superintendent, consistent with the scope and magnitude of the work involved.

Section 10.10 Fees/Modification of Approvals.

The fees charged for driveway permits shall be determined from time to time by the Town Board. Any driveway permit and/or site plan approval or special use permit may be revoked or modified by the Code Enforcement Officer (with respect to driveway

permits) and the Planning Board (with respect to site plan approval and special use permits) if the classification or use of the driveway(s) serving the premises is changed or other hazard(s) becomes apparent after construction and use of the driveway begins. All costs for any warning devices and/or signs shall be borne by the applicant.

Section 10.11 Construction standards and regulations