The provisions of this chapter shall be subject
to exceptions, additions and modifications as provided by these supplementary
regulations.
The Board of Appeals may issue a special permit
for the erection of a building on any lot separately owned or under
contract of sale at the time of passage of this chapter and containing
an area or dimension smaller than the minimum requirement for the
district. Such permit shall specify the building size, yard measurements
and lot coverage allowed.
No lot shall be so reduced in area that any
required open space will be smaller than prescribed for the district
in which it is located.
On corner lots all buildings shall conform to
the front yard requirements on both streets, except when modified
by the Board of Appeals.
On a corner lot no fence, wall, hedge or other
structure or planting shall be allowed in excess of three feet in
height above the street level within the triangular area formed by
the intersecting curblines and a straight line joining said curblines
at points 20 feet from the point of intersection. This does not apply
in a commercial or business district where no front yard is required.
A.
Fences in front yards. No fence, wall or hedge over
four feet in height shall be permitted in any required front yard
area, except wire mesh or other material providing at least fifty-percent
open construction.
B.
Use of barbed wire.
[Added 3-14-1973[1]]
(1)
It shall be unlawful for any person, firm or corporation
to use or to permit the use of barbed wire in the construction of
fences within the Village of Scotia.
(2)
The prohibition of barbed wire in fence construction contained in Subsection B(1) shall not apply to the use of barbed wire as follows:
(a)
Within a building. Barbed wire may be used for
any otherwise lawful purpose wholly within a house, garage or other
building.
(b)
Within a fenced area. Barbed wire may be used
for any otherwise lawful purpose wholly within an area completely
enclosed by an impassable fence or other structure having a minimum
height of six feet, provided that any gate or entranceway to such
enclosed area is kept securely closed and locked at all times except
while persons or animals are actually passing through the same.
(c)
Use not less than six feet above ground level.
Barbed wire may be used for any otherwise lawful purpose, provided
that such use occurs not less than six feet above the surface of the
ground directly beneath the barbed wire.
C.
Residential
fences: fences in side and rear yard. No fence over six feet in height
shall be permitted in any side or rear yard.
[Added 4-14-2021 by L.L. No. 2-2021]
D.
Nonresidential
fences and residential fence of dwellings with four or more units
side and rear yard. No fence over eight feet in height shall be permitted
in any side or rear yard.
[Added 4-14-2021 by L.L. No. 2-2021]
E.
Any fence
which has a finished and an unfinished side shall be installed with
the finished side facing the abutting property.
[Added 4-14-2021 by L.L. No. 2-2021]
F.
Fences
may be placed up to the property line, except that fences that require
routine maintenance shall be place two feet or more off the property
line within the premises.
[Added 4-14-2021 by L.L. No. 2-2021]
Stripping, excavation and removal of topsoil
for sale or use other than on the premises from which it is taken
is hereby prohibited except in industrial districts under special
permit.
Height limitations shall not apply to church
spires, belfries, ornamental towers, chimneys, ventilators, water
towers or elevator enclosures. A cornice or parapet wall may extend
not more than five feet above the height limit of the building.
A.
Porches.
(1)
An enclosed porch having a solid foundation and capable
of being enclosed and heated for year-round habitation shall be considered
a part of the building for the determination of yard areas and lot
coverage.
(2)
An open porch may project into a required front yard
or one side yard area a distance not exceeding six feet. An open porch
is one which has three open sides but may have screen cloth protection
or temporary interchangeable screens and transparent windows.
B.
Building projections. Such architectural features
as cornices, eaves and bay windows may extend into any required area
but to a distance not exceeding two feet. Open, metal fire escapes
may extend into a rear yard or into a side yard a distance not exceeding
four and one-half (4 1/2) feet.
[Added 12-14-2011 by L.L. No. 9-2011]
A.
PORTABLE STORAGE UNIT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A portable container, receptacle or device of a type commonly
used for the temporary storage of personal property or other material.
The term shall include, but not be limited to, trailers, shipping
containers, portable on-demand storage units and other similar containers
that exceed 200 cubic feet.
B.
Permit required; application; fee. Every person, firm, corporation
or legal entity that wishes to place a portable storage unit within
the Village in all zoning districts except General Business and Industrial
shall be required to obtain a permit from the Building Inspector.
Obtaining said permit shall be the responsibility of the owner or
occupant of the premises on which the portable storage unit is to
be placed. Application for the permit shall be on forms provided by
the Building Inspector and accompanied by the permit fee as prescribed
by the Board of Trustees
C.
Rejection by Building Inspector. The Building Inspector shall have
authority to reject any application that presents, in his or her judgment,
a dangerous or hazardous situation to any person or persons or to
the public. In rejecting any such application the Building Inspector
shall state the reasons for rejection.
D.
Term of permit; placement of unit; restrictions.
(1)
Permits will be granted for a period of 30 days. At the expiration
of the 30 days applicants may seek one additional thirty-day period.
A maximum of 90 days is allowed in any one consecutive twelve-month
period.
(2)
Portable storage units may not be placed in front yards other than on a driveway. Portable storage units may not be placed on streets or sidewalks except by permit obtained under § 210-8, Encumbrances.
[Amended 2-9-2022 by L.L. No. 1-2022]
(3)
When placed on a driveway, a portable storage unit must be placed
at the farthest practicably accessible point from the street.
(4)
There shall be no more than one portable storage unit per lot.
B.
Off-street parking requirements. Off-street parking
shall be provided and maintained for each building erected, altered
or enlarged, according to the following minimum requirements:
(1)
Auditorium, theater or other place of public assembly:
one space for each four seats.
(2)
Hotel or motel: one space for each guest sleeping
room.
(3)
Hospital or convalescent home: one space for each
three patients and for each three employees.
(4)
Business offices: one space for each 300 square feet
of office floor area.
(5)
Restaurants or eating places: one space for each four
seats.
(6)
Retail stores and shops: parking areas equal to two
times the floor space of total store area.
(7)
Manufacturing or processing plants: one space for
each 400 square feet of floor area or for each three employees.
(8)
Other uses not enumerated: such parking accommodations
as may be required by the Board of Appeals.
(9)
All required parking shall be located on the same
lot with the principal use, except that if the Board of Appeals finds
this impractical they may permit equal accommodations on a lot within
800 feet of the principal use.
C.
Parking in front yards. Parking spaces or parking areas, with the
exception of driveways, shall not be permitted within required front
yards in any residential zoning district. The parking or storage of
vehicles, boats, trailers or other equipment upon front yard areas
shall not be permitted on any lot improved by a dwelling structure
in a residential district.
[Added 10-9-2013 by L.L. No. 9-2013]
Adequate off-street space shall be provided
for loading and unloading delivery trucks and for other vehicular
services such as refuse collection and fuel deliveries. Said space
shall be located in such manner as to avoid interference with the
use of driveways and customer parking facilities.
Entrance and exit driveways may be maintained
within the following limits:
A.
Driveways shall not exceed 30 feet in width at the
curb or street line and may not be located closer than 10 feet apart.
B.
Lots having a front width of 100 feet or less may
have one driveway.
C.
Lots having a front width in excess of 100 feet may
have two driveways.
D.
Lots having a front width in excess of 300 feet may
have one additional driveway for each 150 feet of such excess frontage.
E.
A driveway may be located at the lot side line, except
that when the adjoining lot is in a residential district or is occupied
by a residential building, a distance of at least 10 feet from the
lot line shall be observed.
F.
No driveway shall be located less than 40 feet from
any intersecting street line, except that for a corner lot having
a street frontage of less than 80 feet, said limit may be reduced
to 1/2 the lot width but not less than 30 feet.
G.
A corner lot may have driveways on both streets, subject,
however, to the above limits.
[Added 3-8-2000 by L.L. No. 1-2000]
A.
SWIMMING POOL, PRIVATE
SWIMMING POOL, PUBLIC
Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
Any pool constructed primarily for the enjoyment of the members
of a single family.
Any swimming area, pond or pool designed for use by more
than one family, including membership club pools and pools constructed
at motels and hotels.
B.
Construction standards. The construction of a swimming or wading pool for either public or private use shall be subject to all applicable provisions of Chapter 125, Electrical Standards; Chapter 150, Fire Prevention and Building Construction; and Chapter 188, Plumbing, and shall conform to all requirements of the New York State Uniform Fire Prevention and Building Code and this chapter.
C.
Permit required. Before construction of a pool shall
begin, permits shall be obtained from the Village Building Inspector
and the Plumbing Inspector.
D.
Permit fees. The required fees as established by the
Board of Trustees shall be paid at the time application for a permit
is made.
E.
Location.
(1)
(2)
Such minimum side and rear yard setbacks shall
be measured from whichever point is nearest to the property line on
its pool wall, aboveground decks or other related structure.
F.
Safety provisions. Every inground or aboveground swimming
pool, wading pool, reflecting pool, fish pool or other man-made body
of water containing water 18 inches or more in depth at any point
shall comply with the following safety provisions:
(1)
Every pool shall have an enclosure erected and
maintained surrounding the property or the pool area equipped with
self-latching gates and sufficient to make such body of water inaccessible
from the outside to small children.
(2)
The enclosure for an inground swimming pool
shall be a minimum of four feet.
(3)
In the case of aboveground swimming pools four
feet or higher, no enclosure is necessary if the only access to the
pool is by portable ladder and such ladder is unattached when the
pool is not in use.
(4)
Any deck or similar structure attached to or
part of an aboveground pool shall be constructed in such a manner
that will maintain the pool's inaccessibility to small children, or
a separate enclosure of four feet or higher shall be provided.
(5)
All gates and doors opening into the pool enclosure
shall be kept closed and locked at all times when the pool is not
under the immediate attendance of an adult person.
G.
Loudspeaking devices. No loudspeaking device which
can be heard beyond the property lines of the premises on which any
swimming pool has been installed may be operated in connection therewith.
H.
Lighting. Any lighting installed for or with a swimming
pool shall be installed in a manner that minimizes direct light and
glare beyond the premises' property lines.
House trailers may be located in the village
only by special permit for the following purposes:
A.
Permanent dwelling. A house trailer to be used as
a permanent dwelling shall conform to all lot area and floor space
requirements specified for SR Single Residence District dwellings.
B.
Business or commercial use. A house trailer may be
occupied as a temporary business office for a period of one year.
Extensions for unusual circumstances may be granted but in no case
shall occupancy be permitted to extend beyond a total of two years.
C.
Temporary occupancy. A house trailer may be occupied
as a temporary dwelling for a period not exceeding one year on the
site of a single-family dwelling for which a building permit has been
issued.
D.
Utility connections. Any house trailer used for a
purpose permitted by this section shall be suitably connected to existing
public utilities and conform to the provisions of the Sanitary Code.
[Added 12-8-1999 by L.L. No. 6-1999]
A.
Findings and legislative intent.
(1)
It is recognized that there are some uses, which,
because of their very nature, have serious objectionable operational
characteristics under certain circumstances, which produce a deleterious
effect upon adjacent areas. Special regulation of these uses is necessary
to ensure that adverse effects will not contribute to the blighting
or downgrading of the surrounding neighborhood. The Board of Trustees
of the Village of Scotia finds it in the public interest to enact
these regulations. The purpose of these regulations is to prevent
or lessen the secondary effects of adult entertainment uses, and not
to inhibit freedom of speech.
(2)
The unrestrained proliferation and inappropriate
location of such businesses is inconsistent with existing development
and future plans for the Village of Scotia in that they often result
in influences on the community which increase the crime rate and undermine
the economic, and social welfare of the community. The deleterious
effects of these businesses change the economic and social character
of the existing community and adversely affect existing businesses
and community and family life.
B.
ADULT ENTERTAINMENT USES
(1)
(2)
(3)
(4)
(5)
(6)
(7)
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
Definitions. As used in this section, the following
terms shall have the meanings indicated:
ADULT BOOK AND/OR VIDEO STOREAn establishment having as a substantial or significant portion of its stock in trade books, magazines, periodicals or other printed matter or photographs, films, videos, slides or other visual representations, which are characterized by the exposure or emphasis of specified sexual activities or specified anatomical areas or instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities which are for sale, rental or viewing on or off the premises.
ADULT ENTERTAINMENT CABARETA public or private establishment which regularly presents topless and/or bottomless dancers, strippers, waiters or waitresses, male or female impersonators, lingerie models or exotic dancers, or other similar entertainment or films, motion pictures, videos, slides or other photographic material, or which utilizes employees that, as part of their employment, regularly expose patrons to specified sexual activities or specified anatomical areas.
ADULT THEATERA theater, concert hall, auditorium or similar establishment which, for any form of consideration, regularly features live performances characterized by the exposure of specified sexual activities or specified anatomical areas.
ADULT MOTION-PICTURE THEATERAny motion-picture theater where, for any form of consideration, films, motion pictures, video cassettes, slides or other photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
MASSAGE ESTABLISHMENTAny establishment having a fixed place of business where massages are administered for pay, including but not limited to massage parlors, sauna baths or steam baths. This definition shall not be construed to include a hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath, duly licensed physical therapist or duly licensed massage therapist or barbershop or beauty salon, athletic club, health club, school, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental accessory service.
ADULT MODEL STUDIOAny place where a person who appears in a state of nudity or who displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculpted, photographed or similarly depicted by other persons who pay money or any form of consideration.
PEEP SHOWA theater which presents materials distinguished or characterized by primary emphasis on matters depicting, describing or relating to specified sexual activities or specified sexual anatomical areas, in the form of live shows, films or videotapes, viewed from an individual enclosure, for which a fee is charged.
C.
Locational restrictions. Adult entertainment uses
shall be permitted only in Industrial Zoning Districts subject to
the following restrictions:
(1)
Adult entertainment uses are prohibited within:
(a)
Five hundred feet of any zoning district which
is zoned to allow residential use;
(b)
Five hundred feet of any single-family, two-family
or multiple-family dwelling, including structures devoted to both
residential and commercial or business purposes;
(c)
Five hundred feet of any public or private school;
(d)
Five hundred feet of any church or other religious
facility or institution;
(e)
Five hundred feet of any public park, public
bike path, playground or playing field, cemetery or civic or recreational
facility.
(2)
No adult entertainment use shall be allowed
within 500 feet of another existing adult entertainment use.
(3)
No more than one adult entertainment use shall
be located on any lot.
(4)
The distances provided hereinabove shall be
measured by following a straight line, without regard to intervening
buildings, from the nearest point of the property parcel upon which
the adult entertainment use is to be located to the nearest point
of the parcel of property or the land use district boundary line from
which the adult entertainment use is to be separated.
D.
Other restrictions.
(1)
No adult entertainment use shall be conducted
in any manner that allows the observation of any material depicting,
describing or relating to specified sexual activities or specified
anatomical areas from any public way or from any property not containing
an adult entertainment use. This provision shall apply to any display,
decoration, sign, show, window or other opening.
(2)
There shall be no outdoor sign, display or advertising
of any kind other than one identification sign limited to only the
name of the establishment.
(4)
Adult entertainment uses shall meet all other
regulations of the Village of Scotia, including but not limited to
district lot and bulk regulations, parking regulations and signage.
(5)
It shall be unlawful to operate an adult entertainment
use between the hours of 12:00 midnight and 8:00 a.m.
E.
Severability. Should any section or provision of this
section be declared to be unconstitutional or invalid by the courts,
such decision shall not affect the validity of the balance of this
section.
[Added 10-11-2000 by L.L. No. 8-2000]
A.
Intent and purpose. The Board of Trustees of the Village
of Scotia finds that inappropriate or poor quality of design in the
exterior appearance of buildings adversely affects the desirability
of the immediate and neighboring areas for business, residential or
other use. This may further impair the benefits of occupancy of existing
property, prevent the most appropriate development and produce degeneration
of property thereby causing attendant deterioration of conditions
affecting the public health, safety, comfort and general welfare.
Further, the proper relationship between the taxable value of real
property in such areas and the cost of municipal services may be destroyed.
It is the purpose of this section to prevent these and other harmful
effects and thus to promote the health, safety, comfort and general
welfare of the community, to promote the public convenience and prosperity
and to conserve the value of buildings.
B.
Delegation to Planning Board. The Village Planning
Board is hereby charged with the responsibilities of administering
and carrying out the intent established by this section.
C.
Architectural review districts. The following areas
shall be subject to the architectural review law and the adopted design
guidelines:
(1)
Central Business District: The two Retail Commercial
Districts, the General Business District and the Waterfront District
that run along Route 5, as shown on the Zoning Map of the Village
of Scotia.
D.
Application procedures. It shall be the duty of the
Building Inspector to refer to the Planning Board plans for any identified
actions listed below and which require such reference in conformity
with the purposes set forth above. The Planning Board shall review
all applications for the following actions that lie within the districts
set forth in this section:
E.
Actions of Planning Board.
(1)
The Planning Board may approve, conditionally
approve subject to specified modifications or disapprove any application
referred to it by the Building Inspector, provided that such disapproval
shall be by the majority vote of said Planning Board and provided
that the Planning Board finds that the application would, if approved,
be so detrimental to the desirability, property value or development
of the surrounding area as to provoke one or more harmful effects
set forth above.
(2)
The Planning Board may impose appropriate conditions
and safeguards in connection with its approval, including but not
limited to building design, building materials and landscaping elements
of the site.
(3)
Applications which have been approved by action
of the Planning Board shall be signed and dated by the Chairman of
the Planning Board and filed with the Clerk of the village.
(4)
The Planning Board must act on all complete
applications within 62 days of their receipt, unless an extension
has been mutually agreed to by the Planning Board and applicant.
F.
Effect of Planning Board action.
(1)
The Building Inspector shall refuse any permit
application disapproved by the Planning Board. The Building Inspector
may approve any application conditionally approved by the Planning
Board as soon as the conditions specified in such conditional approval
have been fulfilled, either by taking remedial or corrective action
as required by the conditional approval, if appropriate, or submitting
revised plans, drawings and specifications to incorporate the conditions
required. If the Planning Board shall have approved any application
and such application is otherwise in conformance with all codes and
ordinances of the Village of Scotia, then the Building Inspector shall
forthwith issue the permit applied for. The Building Inspector shall
likewise issue the permit as applied for in the case of any application
referred to such Planning Board and on which said Planning Board has
failed to act within 62 days of such referral to the Planning Board,
unless an extension has been mutually agreed to by the Planning Board
and applicant.
(2)
A certificate of occupancy shall not be issued
until a field inspection is made by the Building Inspector to ascertain
that site improvements and construction have been made in compliance
with the approval granted by the Planning Board pursuant to this section.
G.
Standards to guide the Planning Board. The Planning
Board shall be guided by the standards established in the Design Guidelines
for the Village of Scotia adopted by the Village Board of Trustees
and by the Village Master Plan.
H.
Expiration. Unless otherwise specified or extended
by the Planning Board, decisions on all applications granted after
the effective date of this section shall expire if the applicant fails
to obtain the necessary permit to conduct any project and begin actual
construction or to comply with the conditions of said authorization
within one year from the filing date of such decision. Unless otherwise
specified or extended by the Planning Board, all approvals on applications
granted prior to the effective date of this chapter shall expire if
the applicant fails to obtain the necessary permit and begin actual
construction or comply with the conditions of said authorization within
one year from the effective date of this section.
[Added 2-11-2004 by L.L. No. 1-2004]
A.
Review authority.
(1)
Notwithstanding Article XIV, § 250-60 of this chapter, pursuant to § 7-725-b of the New York State Village Law, the Planning Board is hereby authorized to review and approve, approve with modifications, or disapprove, special use permits for communications systems. The Planning Board shall also have the authority to impose such reasonable conditions and restrictions as are directly related to arid incidental to the proposed communications systems.
(2)
No telecommunications system shall hereafter
be erected, moved, reconstructed, changed or altered and no existing
structure shall be modified to serve as a telecommunications facility
unless in conformity with this section and after obtaining approval
by the Planning Board.
(3)
A public hearing for special use permit issued
hereunder shall be required. Notice shall be published by the Village
at least five days prior to the public hearing. Additionally, hearings
on applications for new telecommunications towers shall require that
the applicant give five days' written notice by first class mail to
all property owners within 500 feet of the boundary of the proposed
facility.
(4)
Where these regulations conflict with other
laws and regulation of the Village of Scotia, the provisions in this
section shall apply.
B.
Purpose and intent.
(1)
The purpose of this section is to establish
predictable and balanced regulations for the siting of communications
systems in order to accommodate such equipment while protecting the
public against any adverse impacts on aesthetic resources and assure
public safety and welfare.
(2)
The Village of Scotia desires to accommodate
the need for communications systems while regulating their location
and number, minimizing adverse visual impacts through proper design,
siting and screening, and avoid potential physical damage to adjacent
properties, and in order to further minimize adverse visual effects
from communications systems also seeks to minimize the total number
of communications systems in the community by encouraging shared use
of existing and future towers, the use of existing tall buildings
and/or other high structures.
(3)
This section is not intended to prohibit or
have the effect of prohibiting the provision of personal wireless
services nor shall it be used to unreasonably discriminate among providers
of functionally equivalent services consistent with current federal
regulations.
C.
ACCESSORY STRUCTURE
ANTENNA
ANTENNA SUPPORT STRUCTURE
CAMOUFLAGING
CARRIER
CERTIFICATE OF OCCUPANCY
CESSATION OF USE
COLLOCATED ANTENNA
COMMUNICATIONS SYSTEMS
FENCES AND SCREENING
FREESTANDING COMMUNICATIONS TOWER
GUYED TOWER
MONOPOLE TOWER
PERSONAL WIRELESS SERVICES
PROPAGATION STUDY
PUBLIC UTILITY FACILITY
SELF-SUPPORTED TOWER
SETBACK
SIGN
STEALTH
STRUCTURE
TELECOMMUNICATIONS TOWER
TELECOMMUNICATIONS FACILITY
TOWER
Definitions. As used in this subsection, the following
terms shall have the meanings indicated:
Any structure the use of which is customarily incidental
and subordinate to that of the principal use in area, extent and purpose.
Accessory structures are not for the purpose of human habitation.
Examples of such uses include, but are not limited to, transmission
equipment and storage sheds.
The actual satellite antenna or any system of electrical
conductors that transmits and/or receives radio frequency signals'
electromagnetic waves. Such waves shall include cellular, paging arid
personal communications services (PCs). The frequency of these waves
generally ranges from 10 hertz to 300,000 megahertz.
Any building or structure, other than a telecommunications
tower, that can be used for the location or installation of telecommunications
equipment.
The construction of facilities to house or support a telecommunications
tower so that the tower blends readily with the landscape, neighborhood
and adjacent architectural features. Examples of camouflaging are
silos and barns, windmills and simulated trees.
A provider of telecommunications services.
Official certification issued by the Building Inspector that
the telecommunications installation conforms to the applicable provisions
of this section, the New York State Fire and Building Codes, and other
applicable regulations and may legally be used as approved by the
Planning Board.
A use shall be determined by the Building Inspector to have
ceased when it has been discontinued, whether with the intent to abandon
such use or not.
The use of existing telecommunications facilities and/or
communications towers, buildings or other structures for placement
of telecommunications antennas by more than one carrier to avoid construction
of a new communications tower or facility.
All telecommunications facilities and/or communications towers,
buildings, structures and equipment that used in conjunction with
radio frequency transmission.
Artificially constructed barriers or any material or combination
of materials erected to enclose or screen areas of land.
Freestanding lattice tower onto which a telecommunications
antenna is affixed.
A communications tower consisting of a single pole supported
by wires and ground anchors onto which telecommunications antennas
and/or similar satellite antennas are affixed.
A communications tower consisting of a single pole constructed
without guyed wires and ground anchors.
Commercial mobile services, unlicensed wireless services,
and common carrier wireless exchange access services as defined by
Section 704 of the Federal Telecommunications Act.
A study that demonstrates the existing signal coverage and
the signal coverage resulting from the proposed communications facility
or installation.
A facility other than a telecommunications tower or telecommunications
antenna for the provision of public utility services constructed,
altered or maintained by utility corporations, either public or privately
owned, or government agencies, necessary for the provision of electricity,
gas, steam, heat, communication, water, sewage collection, or other
such service to the general public.
A communications tower, other than a monopole tower, that
is constructed without guy wires and ground anchors.
The horizontal distance from the center line of the street
right-of-way, measured at right angles to such center line, to the
nearest part of any building or structure on a lot.
Any display of lettering, numbering, logos, designs, colors,
lights, or illumination visible to the public from outside of a building
or from a public right-of way, which either conveys a message to the
public or intends to advertise, direct, invite, announce or thaw attention
to, directly or indirectly, a use conducted, events, goods, products,
services or facilities available.
Any communications tower or telecommunications facility that
is designed to enhance compatibility with adjacent land use, including
but not limited to architecturally screened roof-mounted antennas,
antennas integrated into architectural elements, towers designed to
look other than a tower (such as light poles, power poles and trees).
The term "stealth" does not necessarily exclude the use of uncamouflaged
lattice or monopole tower designs.
Anything constructed or erected, the use of which requires
location on the ground or attached to something having location on
the ground.
A structure on which one or more antenna will be located
that is intended for transmitting and/or receiving radio, television,
telephone, wireless or microwave communications for an FCC-licensed
carrier. This includes, but is not limited to, freestanding towers,
guyed towers, monopole towers and similar structures, but excludes
those used exclusively for fire, police and other dispatch communications,
or exclusively for private radio and television reception and private
citizen's bands, amateur radio and other similar private, residential
communications.
Any cables, wires, lines, wave guides, antennas and any other
equipment or facilities associated with the transmission or reception
of communications which a person seeks to locate, or has installed
upon or near, a tower or antenna support structure. This includes,
but is not limited to, any or all of the physical elements of the
central cell facility that contains all the receivers, transmitters,
and other apparatus needed for cellular/PC operation [also known as
Base Transceiver Station (BTS)].
Any structure that supports telecommunications facilities,
whether a self-supporting lattice or monopole structure constructed
from grade as a freestanding structure, or a guyed tower structure,
or any other structure erected in connection with a building or other
permanent structure, or equipment capable of containing or intended
for the use of one or more antennas for transmitting and/or receiving
radio, television, digital telephone, cellular, microwave or other
similar electronic communications.
D.
Procedure.
(1)
Applications for approval shall be filed with the Building Inspector and must include the material and information as required in § 250-58.3E.
(2)
Upon receipt of such application, the Building
Inspector shall transmit 10 copies of such application and material,
which must be provided by the applicant, to the Planning Board.
(3)
Applications must be submitted at least 10 days
prior to the regular meeting of the Planning Board.
(4)
Every application for approval shall be accompanied
by a fee in the amount established by the Village Board of Trustees.
(5)
The decision of the Planning Board shall be
filed in the office of the Village of Scotia Clerk within five business
days after such decision is rendered.
E.
Submission requirements.
(1)
An application for a special use permit shall
be accompanied by the following information:
(a)
The applicant's, service provider's, consultant's
and attorney's name, address, phone number, and their interest in
the subject property; if a corporation, the names and addresses of
corporation principals.
(b)
The owner's name and address, if different from
the applicant, and the owner's signed consent to the filing of the
application.
(c)
The street address and legal description of
the property where the telecommunications tower and/or accessory facilities
are to be located.
(d)
The zoning classification and present use of
the subject property.
(e)
Details of the telecommunications facilities
and a general description of the types of equipment to be installed,
including engineering specifications and drawings.
[1]
Radio frequency effects. It is recognized that
the Telecommunications Act of 1996, Public Law 104-104, Section 704,
prohibits the regulation of cellular and personal communications towers
based on the environmental effects of radio frequency emissions where
those emissions comply with the FCC standards for those emissions.
The Planning Board, however, imposes a condition on the applicant
that the communications antennas be operated only at FCC-designated
frequencies and power levels.
(f)
A site plan drawn to scale of not less than
50 feet to the inch on one or more sheets, illustrating the proposed
telecommunications facility:
[1]
Site location: the boundary lines and dimensions
of the subject property; existing subdivision lots; available utilities;
and easements, roadways, railroads, rail lines and public rights-of-way
crossing and adjacent to the subject property.
[2]
Visual description: an assortment of colored
photographs representing the unimproved site as viewed from all public
rights-of-way. Also included shall be computer-simulated illustrations
(or photographs) showing views of the proposed site, including all
aspects of the communications system to be added to the site, from
all public rights-of-way.
[3]
Any proposed regrading of the subject property
and any significant natural, topographical or physical features of
the property including, at least, watercourses, marshes, trees in
excess of four inches in diameter, and existing contours in excess
of four feet in 100 feet.
[4]
The location, size, use and arrangement of any
existing and proposed structures, including tower height in feet,
total floor accessory facility area, total square feet of ground area
coverage, and any other details to adequately describe the intended
project.
[5]
The locations, size and arrangement of all exterior
wiring, including conduit and chase material proposed.
[6]
Lot dimensions and the relation of such lot
dimensions to the height of proposed telecommunications tower and
accessory facilities.
[7]
Location and dimensions, including streets and
roadways, driveways, and nearby entrances.
[8]
Any existing and proposed surface and subsurface
drainage.
[9]
The location, size, and arrangement of all existing
and proposed outdoor lighting.
[10]
Proposed landscaping, including
the type, location and quantity of all plant materials, location and
height of fences or screen plantings, and the type or kind of building
materials or plantings to be used for fencing or screening.
[11]
The location, designation and
total area of all usable open space or common property and the extent
to which it is to be improved.
[12]
In the case of any use requiring
a special use permit pursuant to this chapter, any information necessary
to demonstrate compliance with all conditions imposed on the proposed
special use permit by this chapter.
[13]
Compliance with state environmental
quality review required to include an environmental assessment form
and visual assessment form.
(g)
A map, at an appropriate scale, showing the
larger vicinity in which the site is located, the parcel under consideration
for site plan review and all properties, subdivisions, streets, rights-of-way,
and other pertinent features in the vicinity of the site.
(h)
Copy of FCC license of the planned operator
and proof of insurance by the planned operator, building owner and
property owner.
(i)
An economic analysis of the project indicating
such information as cost of construction and development, proof of
a valid lease and manner of providing public utilities, etc.
(j)
Additional information, The Planning Board may
require other and further information or documentation as the Board
may deem to be necessary and appropriate to a full consideration and
disposition of a particular application.
(k)
Other sources. The Planning Board may consult
with appropriate Village, town, county, state and federal personnel
and/or the Planning Board's private consultants as may be necessary
and appropriate for a proper consideration of a particular application.
F.
General criteria.
(1)
No special use permit relating to a communications
system shall be authorized by the Planning Board unless it finds that
such system:
(a)
Is necessary to provide adequate service to
locations that the applicant is not able to serve with existing telecommunications
facility locations;
(b)
Conforms to all applicable regulations promulgated
by the Federal Communications Commission, Federal Aviation Administration,
and other federal agencies;
(c)
Will be designed and constructed in a manner
which minimizes visual impact to the extent practical; and
(d)
Is the most appropriate site among those available
within the technically feasible area for the location of a telecommunications
facility.
(2)
The issuance of a special use permit shall be
valid for a period of one year from the date of approval unless a
building permit is issued and construction has actually begun within
that period.
G.
Specific criteria.
(1)
Collocation.
(a)
The shared use of preexisting communications
systems shall be preferred to the construction of new facilities.
Applicants arc encouraged to provide towers to enable use by other
carriers.
[1]
Any application, renewal, or modification thereof
shall include documentation that reasonable efforts have been made
to collocate within an existing telecommunications facility or upon
an existing structure within a reasonable distance, regardless of
municipal boundaries, of the site.
[2]
The applicant must demonstrate that the proposed
telecommunications facility cannot be accommodated on existing telecommunications
facilities due to one or more of the following reasons:
[a]
The planned equipment would exceed
the structural capacity of existing and approved communications systems
or other structures, considering existing and planned use for those
facilities.
[b]
The planned equipment would cause
radio frequency interference with other existing or planned equipment,
which cannot be reasonably prevented.
[c]
Existing or approved communications
systems or other structures do not have space on which proposed equipment
can be placed so it can function effectively and reasonably.
[d]
Other documented technical reasons
make it impracticable to place the equipment proposed by the applicant
on existing towers and accessory facilities or structures.
[e]
The property owner or owner of
the existing telecommunications facility or other structure refuses
to allow such collocation or requests an unreasonably high fee for
such collocation compared to current industry rates.
[f]
Propagation studies that show the
intended areas to be serviced cannot be accommodated from an existing
location.
(2)
Height:
(a)
The maximum height for telecommunications towers
permitted under this section, including any antennas, extensions or
other satellite antennas extending above the tower, measured from
the ground surface, shall be 130 feet.
(b)
No towers, antennas or extensions shall exceed
15 feet in height above the flat surface of the structure. When determining
height of the structure any stairwells, elevator shafts and the like
shall not be included.
(3)
Fall zone. Communications systems shall be constructed
so as to minimize the potential safety hazards and located in such
a manner that if the facility should fall, it will remain within the
property boundaries and avoid habitable structures, public streets,
utility lines and other communications systems.
(4)
Setbacks.
(a)
Communication systems shall comply with all
existing setbacks within the affected zone.
(b)
Setbacks shall apply to all tower parts, including
guy wire anchors, and to any towers and accessory facilities,
(c)
Additional setbacks may be required by the Planning
Board to contain on site substantially all icefall or debris from
tower failure and/or to preserve privacy of adjoining residential
and public property.
(5)
Lighting.
(a)
Telecommunication towers shall not be artificially
lighted except to assure human safety as required by the Federal Aviation
Administration (FAA). Notwithstanding, an applicant may be compelled
to add FAA-style lighting and marking if in the judgment of the Planning
Board such a requirement would be of direct benefit to public safety.
(b)
The Planning Board may choose the most appropriate
lighting and marking plan from the options acceptable to the FAA at
that location.
(6)
Visibility and aesthetics.
(a)
The project shall be designed to blend with
the natural and/or man-made surroundings to the maximum extent practicable.
(b)
Telecommunication towers shall be a galvanized
finish or painted gray above the surrounding tree line and painted
gray, green, black or similar colors designed to blend into the natural
surroundings below the surrounding tree line, unless other standards
are required by the FAA.
(c)
Telecommunication towers should be designed
and sited so as to avoid, whenever possible, application of FAA lighting
and painting requirements.
(d)
Accessory facilities shall maximize use of building
materials, colors and textures designed to blend with the natural
surroundings.
(e)
Monopoles shall be preferred to guyed towers
and freestanding lattice towers except where such freestanding lattice
tower offers capacity for future shared use. The Planning Board may
consider the type of structure being proposed and the surrounding
area.
(f)
The applicant must examine the feasibility of
designing a proposed telecommunications tower to accommodate future
demand for additional antenna and accessory facilities.
(g)
Towers and accessory facilities shall be painted
or camouflaged to blend readily with the landscape, neighborhood and
adjacent architectural features.
(7)
Vegetation and screening.
(a)
Existing on-site vegetation shall be presented
to the maximum extent possible, and no cutting of trees exceeding
four inches in diameter shall take place prior to approval of the
Planning Board.
(b)
Clear-cutting of all trees in a single contiguous
area shall not he allowed,
(c)
Screening: Deciduous or evergreen tree planting
may be required to screen portions of the tower and accessory facilities
from nearby residential property as well as from public sites. Where
the site abuts residential or public property, including streets,
at least one row of native evergreen shrubs or trees capable of forming
a continuous hedge at least 10 feet in height within two years of
planting shall he provided to effectively screen the tower base and
accessory facilities, In the case of poor soil conditions, planting
may be required on soil berms to assure plant survival, with the plant
height to include the height of the berm.
(d)
The Planning Board may require appropriate vegetative
buffering around the fences of the telecommunications tower base area,
accessory structures and the anchor points of guyed towers to buffer
their view from neighboring residences, recreation areas, waterways,
historic or scenic areas, or public roads.
(e)
A maintenance plan and replacement plan for
all vegetation and screening shall he provided.
(8)
Access and parking.
(a)
A road and parking area will be provided to
assure adequate emergency and service access.
(b)
Maximum use of existing roads, public or private,
shall be made.
(c)
Road construction shall be consistent with standards
for private roads and shall at all times minimize ground disturbance
and vegetation cutting.
(d)
Road grades shall closely follow natural contours
to assure minimal visual disturbance and reduce soil erosion potential.
(e)
Equipment or vehicles, including box trailers
and construction trailers shall not be stored on the facility site.
(9)
Signage. The use of any portion of a telecommunications
facility for signs for promotional or advertising purposes is prohibited.
The Planning Board may require the installation of signage with safety
information.
(10)
Fencing and security.
(a)
Fencing at least six feet in height shall surround
towers, anchor points around guyed towers and accessory facilities,
unless accessory facilities are roof-mounted.
(b)
A locked gate at the junction of the accessway
and a public thoroughfare may be required to obstruct entry by unauthorized
vehicles. Such gate must not protrude into the public thoroughfare.
(c)
Motion-activated security lighting around the
base of a telecommunications tower or accessory structure entrance
may be requested and such lighting may not project off the site.
(d)
There shall be no permanent climbing pegs within
fifteen feet of the ground on towers.
H.
Engineering standards.
(1)
All communications systems shall be built, operated
and maintained to acceptable industry standards. Each application
must contain a site plan for the facility containing the signature
of an engineer licensed by the State of New York.
(2)
A New York State-licensed engineer shall inspect
every facility at least every second year for structural integrity.
A copy of the inspection report shall be submitted to the municipality.
I.
Abandonment and removal bond.
(1)
At the time of submission of the application
for a telecommunications facility the applicant shall submit an agreement
to remove all antennas, driveways, structures, buildings, equipment
sheds, lighting, utilities, fencing, gates, accessory equipment or
structures, as well as any tower used as a telecommunications facility
if such facility becomes technologically obsolete or ceases to perform
its originally intended function for more than twelve consecutive
months.
(2)
Upon removal, the land shall be restored to
its previous condition, including but not limited to the removal of
paved areas and the seeding of exposed soils.
(3)
As security for the performance of the requirements
set forth above, the applicant shall, upon the issuance of a certificate
of occupancy, execute and file with the Village of Scotia Clerk a
bond or other undertaking which shall he approved as to form, manner
of execution and sufficiency for surety by the Village Board of Trustees
and shall be with a solvent surety corporation. The bond undertaking
shall remain in full force and effect until the removal of the communications
system, facilities and site restoration. The value of the bond shall
be equal to the cost of the demolition and restoration of the site
as determined by the applicant and approved by the Planning Board.
J.
Fees. Costs or fees incurred for necessary consultant
services or other extraordinary expense in connection with the review
of a proposed site plan shall be paid by the applicant, provided that
the necessity of such services has been determined by the Planning
Board. Such costs shall be in addition to any application fee schedule
and shall be paid prior to the issuance of a building permit.
[Added 3-10-2004 by L.L. No. 4-2004]
A.
Review authority. In accordance with § 7-725-a
of New York Village Law, the Planning Board is hereby authorized to
review applications for site plan review pertaining to the construction
of amateur radio communications towers. The Planning Board shall also
have the authority to suggest reasonable conditions and restrictions
as are directly related to and incidental to the proposed application.
B.
Purpose and intent. The purpose of this section is
to establish regulations for the siting of amateur radio communications
towers in order to accommodate such equipment as required by Federal
Communications Commission Order dated September 16, 1985, known as
PRB-1, while protecting the public against any adverse impacts on
aesthetic resources, assure public safety and welfare, minimize visual
impacts through proper design, sitting and screening, and avoid potential
physical damage to adjacent properties.
C.
Preexisting amateur radio communications towers are
exempt from the provisions of this section.
D.
AMATEUR RADIO COMMUNICATIONS TOWER
Definition. As used in this subsection, the following
terms shall have the meanings indicated:
A structure or series of structures, attached to or nonattached
to a building, which are used in the transmission of amateur radio
communications.
E.
Application requirements. The applicant for site plan review under this section shall he required to provide the following information in addition to the information required in § 250-59.5 of this chapter:
(1)
A scaled plan or drawing of the proposed tower,
with design data, certified by a professional engineer or the manufacturer
that the tower meets or exceeds the current specifications of the
Electronics Industry Association guidelines or the Telecommunications
Industry Association guidelines.
(2)
Satisfactory evidence that such tower will be
constructed to meet all regulations established in the New York State
Fire Prevention and Building Code.
(3)
A plot plan showing the lot or parcel and its
dimensions, and all structural improvements thereon, on which the
tower is to be located and showing the location of all structures
on the lot or parcel, any and all easements and the location of the
proposed tower.
(4)
Proof that the applicant and property owner
is an amateur radio operator licensed by the Federal Communications
Commission.
(5)
Proof of insurance specifically covering the
proposed tower.
(6)
If the FCC license holder and operator is not
the property owner, the property owner must also sign the application,
be present at all Planning Board meetings unless excused by the Planning
Board, and will he bound by laws of this section.
F.
Planning Board review criteria. The Planning Board, in reviewing the application for amateur radio communications towers, shall be guided by the following standards instead of those contained in § 250-59.2 of this chapter:
(1)
The proposed tower meets accepted engineering
standards for such towers, including wind-load requirements for such
structures.
(2)
Whenever possible, the proposed tower shall
be to the rear of the lot or parcel.
(3)
The proposed tower, including all masts and
antennas, shall not exceed a height of 95 feet above the ground.
(4)
No part of the proposed tower, including stays
and guy or supporting wires, shall be in violation of the relevant
district setbacks.
(5)
If the base of a ground-based tower is visible
from any public right-of-way or from adjacent property, then reasonable
screening of the base may be required.
(6)
Towers may not be located on conservation easements,
drainage easements, public utility easements or on any reserved open
space.
(7)
The licensed amateur radio operator is required
to provide a valid copy of his FCC license to the Building Inspector,
and of any renewals thereafter.
(8)
Any approval shall contain the condition that
the Building Inspector may enter the premises at any reasonable time
to inspect the tower installation for its construction, stability
and maintenance.
G.
Approvals. The federal government has determined that amateur radio communications towers and the activities of a licensed operator are beneficial to the public health, safety and general welfare of the community. If the proposed tower meets the requirements of Subsections D and E of this section, then the site plan review application shall be approved, with such reasonable conditions as the Planning Board may impose in accordance with the provisions of Subsection E herein.
H.
Abandonment and removal. The applicant agrees to remove
the tower and to restore the property to its original state upon selling
the property or when the applicant no longer holds a valid FCC license
to operate as an amateur radio operator.
[Added 4-8-2009 by L.L. No. 2-2009]
A.
Review authority. Notwithstanding Article XIV, § 250-60 of this chapter, and pursuant to § 7-725-b of the New York State Village Law, the Planning Board is hereby authorized to review and approve, approve with modifications, or disapprove special use permits for wind energy facilities. The Planning Board shall also have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed wind energy facility.
B.
Purpose and intent. The purpose of this section is to establish predictable
and balanced regulations for the siting of wind energy facilities
in order to accommodate such equipment while protecting the public
against any adverse impacts on aesthetic resources and assuring public
health, safety and welfare.
C.
OPERATOR
OWNER
SMALL WIND ENERGY CONVERSION SYSTEM (SMALL WECS)
TOTAL HEIGHT
VIEWSHEDS or VIEWSCAPE
WIND ENERGY CONVERSION SYSTEM (WECS)
WIND ENERGY FACILITY
WIND MEASUREMENT TOWER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The entity responsible for the day-to-day operation and maintenance
of a wind energy facility, including any third-party subcontractor.
The person, entity or entities with equity interest in a
wind energy project, including respective successors or designees.
A wind energy conversion system including wind turbines,
a tower and any accessory facility or equipment, which has a rated
capacity of not more than 50 kW and which is intended primarily to
produce power only for the premises upon which it is located but which
may sell excess power back to any power utility servicing the premises.
The vertical distance from the highest elevation achieved
by a wind energy facility when in operation to the average ground
level within 50 feet of it.
The range of view from a point toward the horizon including
natural and man-made components.
A machine that converts the kinetic energy of the wind into
a usable form (commonly known as "wind turbine" or "windmill").
A wind energy conversion system, a small wind energy conversion
system or wind measurement tower, including any and all related infrastructure,
electrical lines, substations, access roads or accessory facilities
or structures.
A tower used for the measurement of meteorological data such
as temperature, wind speed and wind direction. Temporary (not more
than two years) towers may be allowed as part of a small WECS application,
where the requested tower meets all height, setback and other requirements
of this section.
D.
Applicability.
(1)
No wind energy conversion system other than a small wind energy
conversion system shall be constructed, reconstructed, modified or
operated in the Village of Scotia. No wind measurement tower shall
be constructed, reconstructed, modified or operated except in conjunction
with and as part of an application for a small WECS.
(2)
Small wind energy conversion systems are allowed as accessory
uses.
(3)
No small WECS shall be constructed, reconstructed, modified
or operated except pursuant to a special use permit issued by the
Village of Scotia Planning Board pursuant to this section.
E.
Procedure.
(1)
Applications for approval shall be filed with the Building Inspector and must include the material and information as required in Subsection F, Submission requirements, below.
(2)
Upon receipt of such application, the Building Inspector shall
transmit 16 copies of such application and material, which must be
provided by the applicant, to the Planning Board.
(3)
Applications must be submitted at least 10 days prior to the
regular meeting of the Planning Board.
(4)
A public hearing for a special use permit issued hereunder shall
be required. Notice shall be published by the Village at least five
days prior to the public hearing. Additionally, hearings on applications
for small wind energy facilities shall require that the applicant
give five days written notice by first class mail to all property
owners within 500 feet of the boundary of the proposed facility.
(5)
The Planning Board shall make a determination as to whether
the application is complete. If it is determined to be complete, the
review process shall proceed. If the application is determined to
be incomplete, or if further information is required, the applicant
shall have 90 days to provide the stated required information. If
the completed application and/or information is not provided within
the 90 days, the application shall expire and be denied.
(6)
Every application for approval shall be accompanied by a fee
in the amount established by the Village Board of Trustees.
(7)
The decision of the Planning Board shall be filed in the office
of the Village of Scotia Clerk within five business days after such
decision is rendered.
F.
Submission requirements. A complete application for a special use
permit for a small WECS shall include the following information:
(1)
The applicant's, operator's, engineer's, architect's, consultant's
and attorney's name, address, phone number, and their interest in
the subject property; if a corporation, the names and addresses of
corporation principals.
(2)
The owner or landowner's name and address, if different from
the applicant, and the owner or landowner's signed consent to the
filing of the application.
(3)
The street address and legal description of the property or
Tax Map ID number of each small WECS.
(4)
The zoning classification and present use of the subject property
and the square footage of each property.
(5)
A site plan drawn to scale of not more than 50 feet to the inch
on one or more sheets prepared by a licensed engineer or surveyor,
illustrating the proposed facility:
(a)
Site location. The boundary lines and dimensions of the subject
property; existing subdivision lots; available utilities; and easements,
roadways, railroads, rail lines and public rights-of-way crossing
and adjacent to the subject property.
(b)
Visual description. An assortment of colored photographs representing
the existing site as viewed from all public rights-of-way. Also included
shall be computer-simulated illustrations or photographs showing viewsheds
of the proposed changes to the site, including all aspects of the
small wind energy facility to be added to the site from all public
rights-of-way.
(c)
Any proposed regrading of the subject property and any significant
natural, topographical or physical features of the property, including,
at least, watercourses, marshes, trees in excess of four inches in
diameter, and existing contours in excess of four feet in 100 feet.
(d)
The location, size, use and arrangement of any existing and
proposed structures and accessory facilities or equipment, including
height in feet, total floor accessory facility area, total square
feet of ground area coverage, the location of all proposed utility
lines on the site as well as the transformer, the interconnection
point with transmission lines and other ancillary facilities or structures.
(e)
The locations, size, use and arrangement of any existing structures
and uses on adjoining properties.
(f)
The location with dimensions of setback distances as required
by this section.
(6)
Compliance with the State Environmental Quality Review Act to
include a visual assessment form.
(7)
The make, model, picture and manufacturer's specifications of
all proposed and existing wind turbines and tower model(s), including
noise decibel data, and material safety data sheet documentation for
all material used in the operation of the equipment shall be provided
for each proposed wind turbine.
(8)
A construction schedule describing anticipated commencement
and completion dates, including a traffic analysis with a description
of the routes to be used by construction and delivery vehicles.
(9)
An operation and maintenance plan providing for regular periodic
maintenance schedules and special maintenance requirements.
(10)
Plans for the construction of all wind energy facility components
and any designs requiring attachment to any building or structure,
stamped by an engineer or architect.
G.
Development standards. All small WECS shall comply with the following
standards. Additionally, such systems shall also comply with all the
requirements established by other sections of this chapter that are
not in conflict with the requirements contained in this section.
(1)
A system shall be located on a lot a minimum of one acre in
size.
(2)
Only one small WECS (plus, where authorized, a temporary wind
measurement tower) per legal lot shall be allowed.
(3)
Small WECS shall be used primarily to reduce the on-site consumption
of utility-provided electricity.
(4)
A small WECS may be located in any zoning district.
(5)
Tower heights shall be limited to 65 feet.
(6)
The maximum turbine power output is limited to 50 kW.
(7)
The systems tower and blades shall be painted a nonreflective,
unobtrusive color that blends the system and its components into the
surrounding landscape to the greatest extent possible and incorporates
nonreflective surfaces to minimize any visual disruption.
(8)
The system shall be designed and located in such a manner as
to minimize adverse visual impacts from public viewing areas (e.g.
public parks, roads).
(9)
Exterior lighting on any structure associated with the system
shall not be allowed except that which is specifically required by
the Federal Aviation Administration.
(10)
All on-site electrical wires associated with the system shall
be installed underground except for tie-ins to a public utility company
and public utility company transmission poles, towers and lines.
(11)
The system shall be operated such that no disruptive electromagnetic
interference is caused. If it has been demonstrated that a system
is causing harmful interference, the system operator shall promptly
mitigate the harmful interference or cease operation of the system.
(12)
At least one sign shall be posted on the tower warning of electrical
shock or high voltage and harm from revolving machinery. No brand
names, logos or advertising shall be placed or painted on the tower,
rotor, generator or tail vane where it would be visible from the ground,
except that a system's or tower's manufacturer's logo may be displayed
on a system generator housing in an unobtrusive manner.
(13)
Towers shall be constructed to provide one of the following
means of access control, or other appropriate method of access:
(14)
Anchor points for any guy wires for a system tower shall be
located within the property that the system is located on and not
on or across any aboveground electric transmission or distribution
lines. The point of attachment for the guy wires shall be enclosed
by a fence six feet high or sheathed in bright orange or yellow covering
from three to eight feet above the ground.
(15)
Construction of on-site access roadways shall be minimized.
Temporary access roads utilized for initial installation shall be
regraded and revegetated to the preexisting natural condition after
completion of the installation.
(16)
To prevent harmful wind turbulence from existing structures,
the minimum height of the lowest part of any horizontal axis wind
turbine blade shall be at least 30 feet from the ground or above the
highest structure or tree within a two-hundred-fifty-foot radius.
Modifications of this standard may be made when the applicant demonstrates
that a lower height will not jeopardize the safety of the wind turbine
structure.
(17)
All small wind energy system tower structures shall be designed
and constructed to be in compliance with pertinent provisions of the
NYS Uniform Building Code.
(18)
All small WECS shall be equipped with manual and automatic over-speed
controls. The conformance of rotor and over-speed control design and
fabrication with good engineering practice shall be certified by the
manufacturer.
H.
Setback, noise and maintenance standards. A small wind energy conversion
system shall comply with the following standards:
(1)
Setback requirements. A small WECS shall be set back from property
boundary lines as follows:
(a)
Structures with a height of zero to 10 feet: rear and side yard
setbacks of at least 10 feet and front yard setback as otherwise required
in the district.
(b)
Structures with a total height over 10 feet: the greater of
at least 1 1/2 times the total height or the minimum front yard
setback for the district in which it is located for all setbacks.
(2)
Noise. Except during short-term events, including utility outages
and severe wind storms, small WECS shall be designed, installed and
operated so that noise generated by the system shall not exceed 50
decibels (dBA), as measured at the closest property line. Compliance
shall periodically be determined by the Village Building Code Officer,
or such other officer or employee which the Village Board may designate
at the owner's expense.
(3)
All small WECS shall be maintained in good condition and in
accordance with all requirements of this section.
I.
Abatement. If any small WECS remains nonfunctional or inoperative
for a continuous period of 12 months, it shall be deemed abandoned,
and the owner or applicant/permittee shall remove said system at its
own expense within 12 additional months.
J.
Fees. Costs or fees incurred for necessary consultant services or
other extraordinary expense in connection with the review of an application
shall be paid by the applicant, provided the necessity of such services
has been determined by the Planning Board. Such expenses may be required
to be held in escrow and shall be in addition to any application fee
schedule and shall in any case be paid prior to the issuance of a
building permit.
[Added 2-12-2014 by L.L. No. 3-2014]
A.
DONATION BINS
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any container or receptacle held out to the public as a place
for people to drop off articles of clothing, books, bottles or other
donation items and to store such clothing, books, bottles or other
donation items until carted away.
B.
Allowed use.
(1)
Donation bins are not allowed in residential districts or on
properties having only residential use.
(2)
Donations bins in nonresidential districts are considered accessory
structures and subject to the applicable provisions of that district
under this chapter in addition to the provisions of this section.
C.
Placement.
(1)
Donation bins must be located in rear or side yards.
(2)
A donation bin that is subject to the provisions of this section
must have clearly identified, in writing, on its face the entity or
organization that is maintaining the donation bin. A phone number
and address for such entity must also be written on the donation bin.
D.
The owner, lessee, or other person or legal entity in control of
the property where a donation bin is being maintained in violation
of this section and the person or entity which owns, maintains, or
operates a clothing bin in violation of this chapter shall be jointly
and severally liable therefor.
E.
Donation bins that were preexisting prior to the adoption of this
section shall have three months from written notice by first-class
mail from the Building Inspector to come into compliance with this
section.
[Added 3-12-2014 by L.L. No. 6-2014]
A.
Legislative intent. The purpose of this legislation is to balance
the potential impact on neighbors when solar collectors may be installed
near their property while preserving the rights of property owners
to install solar collection systems without excess regulation and
allowing the installation of certain standard solar energy systems
to be standardized, simplified and accelerated.
B.
Applicability.
(1)
The requirements of this section shall apply to all solar collector
system installations modified or installed after the effective date
of this section.
(2)
Solar collectors shall be permitted only to provide power for
use by owners, lessees, tenants, residents, or other occupants of
the premises on which they are erected, but nothing contained in this
provision shall be construed to prohibit "collective solar" installations
or the sale of excess power through a "net billing" or "net metering"
arrangement in accordance with New York Public Service Law § 66-j
or similar state or federal law or regulation.
C.
ACCESSORY STRUCTURE
ALTERNATIVE ENERGY SYSTEM
BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV) SYSTEM
FLUSH-MOUNTED SOLAR PANEL
GROUND- OR POLE-MOUNTED SOLAR ENERGY SYSTEM
NET METERING
PHOTOVOLTAIC (PV) SYSTEM
QUALIFIED SOLAR INSTALLER
ROOFTOP OR BUILDING-MOUNTED SOLAR SYSTEM
SOLAR COLLECTOR
SOLAR ENERGY EQUIPMENT/SYSTEM
SOLAR PANEL
SOLAR THERMAL SYSTEM
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
Structure, equipment devices or construction techniques for
the production of heat, light, cooling, electricity or other forms
of energy on site and may be attached to or separate from the principal
structure.
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.
Photovoltaic panels and tiles that are installed flush to
the surface of a roof or wall and which cannot be angled or raised.
A solar energy system that is directly installed in the ground
and not attached or affixed to an existing structure.
A billing arrangement that allows solar customers to get
credit for excess electricity that they generate and deliver back
to the grid so that they only pay for their net electricity usage.
A solar energy system that produces electricity by the use
of semiconductor devices, called "photovoltaic cells," which generate
electricity when light strikes them.
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 Village
of Scotia 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.
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.
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 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 is stored, protected from
unnecessary dissipation and distributed. Solar systems include solar
thermal, photovoltaic and concentrated solar.
A device for the direct conversion of solar energy into electricity.
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.
D.
Expedited permits.
(1)
Roof-mounted solar energy panels. The New York State unified
solar permit shall be utilized for all "standard installations" of
rooftop-mounted solar energy panels on residential and nonresidential
buildings, and legal preexisting accessory structures on residentially
utilized property and shall be expedited by the Building Inspector.
Applications for "standard installations" on residential and legal
preexisting accessory structures on residential property shall be
determined within 14 days. The Building Inspector shall provide feedback
with seven days of receiving an incomplete or inaccurate application.
[Amended 10-8-2014 by L.L. No. 14-2014]
(2)
Permit fee. All building permit application fees for "standard
installations" of solar energy panels on residential structures or
legal accessory structures on residentially utilized property shall
be $100.
(3)
Applicability. For the purpose of this section, the term "standard
installation" shall mean those installations that meet the following
criteria:
(a)
Are systems of 12 kilowatts or less.
(b)
Are proposed for installation on a roof with a single layer
of roof covering.
(c)
Are to be flush-mounted parallel to the roof surface and no
more than six inches above the surface and not extend beyond the roofline.
(d)
Have an eighteen-inch clearing at one side of the roof ridge
and an eighteen-inch clearing path to the ridge;
(e)
Add a gravity roof load of no more than five pounds per square
foot for photovoltaic (PV) and six pounds per square foot for residential
solar hot water (RSHW).
(f)
Be installed by a qualified solar installer;
(g)
Use PV panels that have been certified by a nationally recognized
testing laboratory as meeting the requirements of the Underwriters
Laboratories (UL) Standard 1703 and inverters must be on a list of
New York State Public Service Commission type-tested inverters which
are tested by UL or other nationally recognized laboratories to conform
with UL 1741.
(h)
Use RSHW equipment that has been certified by the Solar Rating
and Certification Corporation under its OG-100 standard for solar
collectors.
(i)
Use other equipment such as modules, combiner boxes and a mounting
system that have been approved for public use.
(j)
Be in full compliance with all current National Electrical Code
(NEC) requirements.
(k)
Solar panels do not emit unreasonable glare.
(4)
Additional requirements. Prior to the issuance of a certificate
of completion or compliance, a sign (or decal) shall be affixed by
the property owner to the utility meter and at any alternating current
(AC) disconnect switch indicating the existence of an operating solar
electric cogeneration system on site.
E.
General permits.
(1)
Rooftop and building-mounted solar collectors. Rooftop and building-mounted
solar collectors are permitted in all zoning districts in the Village
of Scotia subject to the following conditions:
(a)
Mounting shall be parallel to and no more than 12 inches from
the roof surface.
(2)
Building-integrated photovoltaic (BIPV) systems. BIPV systems
are permitted outright in all zoning districts. No building permit
is required if the system is installed when the structure the BIPV
is part of is constructed.
(3)
Ground-mounted or pole-mounted solar energy system. Ground-mounted,
pole-mounted solar collectors are permitted as accessory structures
in all zoning districts of the Village of Scotia; shall be subject
to the following conditions:
(a)
All ground-mounted, pole-mounted solar collectors are subject
to site plan review by the Planning Board.
(b)
The location of the solar collectors must meet all applicable
setback requirements and limitations set forth as follows:
[1]
Side yard setback: 10 feet.
[2]
Rear yard setback: 10 feet.
[3]
Height: shall not exceed six feet when oriented
at maximum tilt.
[4]
Lot coverage: as per applicable zoning district.
[5]
The unit must be installed in the rear yard.
[6]
The solar collector must not emit unreasonable
glare and negatively impact adjacent properties.
[7]
The Village encourages installations that would
employ landscape screening and other methods of enhancing the appeal
of the ground-mounted and freestanding solar collector, such as the
use of architectural features, earth berms, or other screening which
will harmonize with the character of the property and surrounding
area.
[8]
Solar collectors shall be located in a manner that
reasonably minimizes shading of property to the north while still
providing adequate solar access for collectors.
F.
Solar-thermal systems. Solar-thermal systems are permitted in all
zoning districts subject to the following condition:
(1)
Building permits are required for installation of all solar-thermal
systems.
G.
Removal. Solar energy systems shall be maintained in good working
order and shall be removed if not in use for more than 12 months by
removal of such system and mounting hardware within 90 days after
the 12th month.
[Added 11-12-1986 by L.L. No. 5-1986]
A.
Location. No receive-only antenna shall be located in any front yard, nor shall such antenna be located closer to a side or rear yard lot line than as is specified in Subsection A(1), (2) or (3) below. Any such antenna located in a side yard shall be appropriately shielded from view. Such minimum side and rear yard setbacks shall be measured from whichever point or antenna extremity is nearest to the property line at any given position of antenna rotation.
B.
Roof-mounted antennas. Roof-mounted antennas must
be installed in accordance to manufacturer's instructions, and the
plans for roof-mounted antennas must be approved by a licensed professional
engineer or architect.