Generally, a zoning permit or approval runs with the land and
not with the individual or entity to which such permit or approval
was issued. A change of occupancy or tenancy does not require a new
permit or approval as long as the use continues to meet the requirements
of this chapter and is not otherwise changed, enlarged or expanded.
At the Code Officer's discretion, application for change of occupancy
may be referred to the Planning Board. Any change of use, or change
in the intensity of a commercial use that will require a modification
of existing means of access or egress, parking or loading facilities,
drainage, utilities, or signage shall require site plan approval by
the Planning Board. Any change of use, or change in the intensity
of a commercial use that will require a modification of existing means
of access or egress, parking or loading facilities, drainage, utilities,
or signage, shall require site plan approval by the Planning Board.
A special use permit shall also be required if a change is made to
a use that also requires a special use permit as per the Tables of
Uses, Area, Frontage, and Setback Requirements, regardless of whether the original use had been issued
a special use permit.
The use of outdoor storage containers, other than a shed or
outbuilding or refuse receptacle, shall be prohibited for a period
of greater than four weeks if such storage container can be seen from
neighboring properties or frontage roads except where such containers
are present during ongoing construction activities under a valid building
permit.
Except for accessory dwelling units, the livable space footprint
of all dwelling units shall be a minimum of 720 square feet.
Keeping of agricultural animals for personal use and not part
of a farm operation as defined in this chapter shall require a permit
from the Building Department, shall be allowed in any district only
where the acreage requirements pursuant to the table in this section
can be met, and shall meet the following requirements:
A. Locate all structures, barns, manure storage areas, ponds, equipment
sheds, silos, and pastures to the rear yard of the property.
B. Have fencing to fully enclose the area to be used for agricultural
animals. All livestock shall be fenced.
C. Ensure that all animals are kept away from any wetland, stream, floodplain,
vernal pool, or other water body on the parcel. No animal shall have
direct access to a wetland regulated by the New York State Department
of Environmental Conservation or the US Army Corps of Engineers, impoundment,
stream, spring, or well on the lot on which the livestock is located.
D. Have in place methods to remove or manage manure waste from animals.
E. Have adequate acreage for proper care and feeding of animals as per
the table below:
1.
|
Rabbits
|
No minimum acreage requirements if rabbits are kept in hutches.
Maximum 6 rabbits
|
2.
|
Poultry
|
2 acres for 12 birds or less, 1 acre per 13 to 20 birds (chickens,
pheasants, ducks, turkeys, geese, guinea fowl). No roosters, peacocks
or other fowl permitted
|
3.
|
Livestock
|
1 animal per 2 acres
|
4.
|
Sheep, goats
|
Maximum 1 adult animal per 2 acres
|
5.
|
Alpacas and llamas
|
Maximum 1 llamas and adult alpacas per 2 acres
|
6.
|
Pigs — finishing/market hogs
|
Maximum 1 head per 2 acres
|
7.
|
Cattle
|
1 adult animal per 2 acres
|
8.
|
Horses
|
1 adult animal per 2 acres
|
9.
|
Miniature equine
|
Maximum 2 adult animals per 2 acres
|
F. Setbacks shall ensure that noise or odors impacts on adjacent properties
from the agricultural operation are minimized. There shall be a minimum
fifty-foot buffer between all buildings and structures used to store
feed or other materials or manure from adjacent properties to minimize
impacts of noise or odor. Such buffers may consist of plant screening,
woodlands, vegetated berms, fences, or natural topographic features.
A minimum of 100 feet shall be provided between any area or structure
used for the storage of animal wastes and wetlands and waterways.
G. No roosters, peacock or other fowl shall be allowed.
As used in this §§
138-162 through
138-162.8, the following terms shall have the meanings indicated:
ACCESSORY STRUCTURE
A structure, the use of which is customarily incidental and
subordinate to that of the principal building and is attached thereto,
and is located on the same lot or premises as the principal building.
ARRAY AREA
Area of solar panels which compose a complete array. This
area includes spaces, including greenspace, between panels.
BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV) SYSTEM
A solar energy system that consists of integrating photovoltaic
modules into the building structure such as the roof or the facade
and which does not alter relief of the roof. A combination of photovoltaic
building components integrated into any building envelope system such
as vertical facades, including glass and other facade material, semi-transparent
skylight systems, roofing materials and shading over windows for the
purpose of producing electricity for on-site usage or consumption.
COLLECTIVE SOLAR
Solar installation owned collectively through subdivision
homeowner association, college student groups, "adopt-a-solar-panel,"
or other similar arrangements.
FLUSH-MOUNTED SOLAR PANEL
Photovoltaic panels and tiles that are installed flush to
the surface of a roof or wall and which cannot be angled or raised.
GLARE
The effect by reflection of light with intensity sufficient
to cause annoyance, discomfort or loss in visual performance and visibility
in any material respects as determined by the zoning enforcement officer.
NET METERING
A billing arrangement that allows solar customers to get
credit for excess electricity that they generate and deliver back
to the grid, in accordance with Public Service Law § 66-j
regulations.
PERMIT GRANTING AUTHORITY
The Town of Ballston authority charged with granting permits
for the installation of alternative energy systems.
PHOTOVOLTAIC (PV) SYSTEM
A solar energy system that produces electricity by the use
of semiconductor devices, called photovoltaic cells, that generate
electricity when light strikes them.
QUALIFIED SOLAR INSTALLER
A person who has skills and knowledge related to the construction
and operation of solar electrical equipment and installations and
has received safety training on the hazards involved. Persons who
are on the list of eligible photovoltaic installers maintained by
the New York State Energy Research and Development Authority (NYSERDA),
or who are certified as a solar installer by the North American Board
of Certified Energy Practitioners (NABCEP), shall be deemed to be
qualified solar installers for the purposes of this definition. Persons
who are not on NYSERDA's or NABCEP's list of certified installers
may still be deemed to be qualified solar installers if the Town of
Ballston determines such persons to have had adequate training to
determine the degree and extent of the hazard and the personal protective
equipment and job planning necessary to perform the installation safely.
Such training shall include the proper use of special precautionary
techniques and personal protective equipment, as well as the skills
and techniques necessary to distinguish exposed energized parts from
other parts of electrical equipment and to determine the nominal voltage
of the exposed parts.
ROOF-MOUNTED SOLAR ENERGY SYSTEM
A solar panel system located on the roof of any legally permitted
building or structures for the purpose of producing electricity for
on-site usage or consumption.
ROOFTOP SOLAR SYSTEM
A solar system in which solar panels are mounted on top of
the structure of a roof either as a flush-mounted system or as modules
fixed to frames which can be tilted toward the south at an optimal
angle.
SOLAR ACCESS
Space open to the sun and clear of overhangs or shade including
the orientation of the streets and lots to the sun so as to permit
the use of active and/or passive solar energy systems on individual
properties.
SOLAR COLLECTOR
A solar photovoltaic cell, panel or array, or any solar hot
air or solar energy collector which relies upon solar radiation as
an energy source for the generation of electricity or transfer of
stored energy to heat, air or water.
SOLAR EASEMENT
An easement recorded pursuant to the NY Real Property Law
§ 335-b, the purpose of which is to secure the right to
receive sunlight across real property of another for continued access
to sunlight necessary to operate a solar collector.
SOLAR ENERGY EQUIPMENT/SYSTEM
Solar collectors, controls, energy storage devices, heat
pumps, heat exchangers, and other materials, hardware or equipment
necessary to the process by which solar radiation is collected and
converted into another form of energy and can be stored, protected
from unnecessary dissipation and distributed. Solar systems include
solar thermal, photovoltaic, and concentrated solar.
SOLAR PANEL
A device for the direct conversion of solar energy into electricity.
SOLAR STORAGE BATTERY
A device that stores energy from the sun and makes it available
in an electrical form.
SOLAR THERMAL SYSTEM
Solar thermal systems directly heat water or other liquid
using sunlight. The heated liquid is used for such purposes as space
heating and cooling, domestic hot water, and heating pool water.
SYSTEM AREA
The area within the system's fenced perimeter.
SYSTEM COVERAGE
The percentage of lot area covered by the combined area of
all solar panels, equipment, and impervious surfaces within the system
area and impervious access roads. This area does not include pervious
green space between panels.
TYPE I SOLAR
Residential or small-scale solar with electricity generated.
Not to exceed 25 kW. Permitted in all districts and building permit
required.
TYPE II-A SOLAR
Agricultural solar, ground-mounted. Electricity generated
intended to meet the demand of the proposed or existing agricultural
operations in accordance with Public Service Law § 66-j,
when applicable. Any systems over 25 kW. Permitted in the Rural District
only. Modified site plan review and building permit required.
TYPE II-B SOLAR
Commercial solar, roof-mounted. Any system 25kW or greater.
Permitted in Commercial and Industrial District. Site plan review
and building permit required.
TYPE III SOLAR
Community solar installation (CSI). Minimum of 60 acres required.
Systems must exceed 25kW. Allowed in the Rural District only. Special
use permit, site plan review and building permit required.
The Town of Ballston Building Department shall be given 10 days'
written notice of any transfer of ownership of the property and/or
the system.
Any violation of this solar energy installations section shall
be subject to the same enforcement requirements, including the civil
and criminal penalties, provided for in the zoning or land use regulations
of the Town of Ballston.