Village of Scotia, NY Article XIII Supplemental Regulations

§ 250-45 Applicability.

The provisions of this chapter shall be subject to exceptions, additions and modifications as provided by these supplementary regulations.

§ 250-46 Building on small lots.

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.

§ 250-47 Reduced lot area.

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.

§ 250-48 Building on corner lots.

On corner lots all buildings shall conform to the front yard requirements on both streets, except when modified by the Board of Appeals.

§ 250-49 Visibility at intersections.

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.

§ 250-50 Fences.

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.

[1] Editor's Note: This subsection was included in the 1969 Code of Ordinances as Ch. 6, Art. VI. Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

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]

G. The provisions of this section shall not apply to swimming pool fences. (See § 250-57.1.)

[Added 4-14-2021 by L.L. No. 2-2021]

§ 250-51 Removal of topsoil.

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.

§ 250-52 Building height exceptions.

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.

§ 250-53 Porches and building projections.

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.

§ 250-54 Portable storage units. [1]

[Added 12-14-2011 by L.L. No. 9-2011]

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

PORTABLE STORAGE UNIT

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.

E. Exceptions. A permit for a portable storage unit is not required when:

(1) The portable storage unit is on a property for seven days or less over a period of six consecutive months.

(2) Use of the portable storage unit is by a governmental entity.

[1] Editor's Note: Former § 250-54, Signs, as amended, was repealed 9-12-2001 by L.L. No. 3-2001. See now Ch. 205, Signs.

§ 250-55 Parking regulations.

A. Restrictions. No garage or off-street parking area in any residential district may be occupied by a commercial vehicle:

(1) Not owned by an occupant of the premises; or

(2) Having a rated load capacity in excess of one ton.

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]

§ 250-56 Off-street loading in business districts.

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.

§ 250-57 Driveways serving business uses.

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.

§ 250-57.1 Swimming pools.

[Added 3-8-2000 by L.L. No. 1-2000]

A. Definitions. As used in this chapter, the following terms shall have the meanings indicated:

SWIMMING POOL, PRIVATE

Any pool constructed primarily for the enjoyment of the members of a single family.

SWIMMING POOL, PUBLIC

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) No public or private swimming pool shall be located in any required front yard, nor shall such pool be located closer, in reference to a side or rear yard lot line, than as in Subsection E(1)(a), (b) or (c) below:

(a) Lot width 50 feet or more: 10 feet required.

(b) Lot width over 40 feet but less than 50 feet: five feet required.

(c) Lot width less than 40 feet: four feet required.

(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.

§ 250-58 House trailers.

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.

§ 250-58.1 Adult entertainment uses.

[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. Definitions. As used in this section, the following terms shall have the meanings indicated:

ADULT ENTERTAINMENT USES

(1) ADULT BOOK AND/OR VIDEO STORE An 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.

(2) ADULT ENTERTAINMENT CABARET A 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.

(3) ADULT THEATER A 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.

(4) ADULT MOTION-PICTURE THEATER Any 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.

(5) MASSAGE ESTABLISHMENT Any 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.

(6) ADULT MODEL STUDIO Any 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.

(7) PEEP SHOW A 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.

SPECIFIED ANATOMICAL AREAS

(1) Less than completely and opaquely covered human genitals, pubic region, buttocks, and female breast below a point immediately above the top of the areola; and

(2) Human male genital in a discernibly turgid state even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES

(1) Human genitals in a state of sexual stimulation or arousal; or

(2) Acts of human masturbation, sexual intercourse or sodomy; or

(3) Fondling or other erotic touching of human genitals, pubic region, buttocks or breasts.

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.

(3) Adult entertainment uses shall obtain site plan approval from the Planning Board in accordance with Chapter 250, Article XIIIA, of this Code.

(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.

§ 250-58.2 Architectural review.

[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:

(1) Any action requiring site plan approval.

(2) Any application for a sign or sign structure.

(3) Any demolition of a structure under nonemergency conditions.

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.

§ 250-58.3 Communications systems.

[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. Definitions. As used in this subsection, the following terms shall have the meanings indicated:

ACCESSORY STRUCTURE

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.

ANTENNA

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.

ANTENNA SUPPORT STRUCTURE

Any building or structure, other than a telecommunications tower, that can be used for the location or installation of telecommunications equipment.

CAMOUFLAGING

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.

CARRIER

A provider of telecommunications services.

CERTIFICATE OF OCCUPANCY

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.

CESSATION OF USE

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.

COLLOCATED ANTENNA

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.

COMMUNICATIONS SYSTEMS

All telecommunications facilities and/or communications towers, buildings, structures and equipment that used in conjunction with radio frequency transmission.

FENCES AND SCREENING

Artificially constructed barriers or any material or combination of materials erected to enclose or screen areas of land.

FREESTANDING COMMUNICATIONS TOWER

Freestanding lattice tower onto which a telecommunications antenna is affixed.

GUYED TOWER

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.

MONOPOLE TOWER

A communications tower consisting of a single pole constructed without guyed wires and ground anchors.

PERSONAL WIRELESS SERVICES

Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services as defined by Section 704 of the Federal Telecommunications Act.

PROPAGATION STUDY

A study that demonstrates the existing signal coverage and the signal coverage resulting from the proposed communications facility or installation.

PUBLIC UTILITY FACILITY

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.

SELF-SUPPORTED TOWER

A communications tower, other than a monopole tower, that is constructed without guy wires and ground anchors.

SETBACK

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.

SIGN

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.

STEALTH

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.

STRUCTURE

Anything constructed or erected, the use of which requires location on the ground or attached to something having location on the ground.

TELECOMMUNICATIONS TOWER

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.

TELECOMMUNICATIONS FACILITY

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)].

TOWER

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.

§ 250-58.4 Amateur radio communications towers.

[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. Definition. As used in this subsection, the following terms shall have the meanings indicated:

AMATEUR RADIO COMMUNICATIONS TOWER

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.

§ 250-58.5 Wind energy facilities.

[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. Definitions. As used in this section, the following terms shall have the meanings indicated:

OPERATOR

The entity responsible for the day-to-day operation and maintenance of a wind energy facility, including any third-party subcontractor.

OWNER

The person, entity or entities with equity interest in a wind energy project, including respective successors or designees.

SMALL WIND ENERGY CONVERSION SYSTEM (SMALL WECS)

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.

TOTAL HEIGHT

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.

VIEWSHEDS or VIEWSCAPE

The range of view from a point toward the horizon including natural and man-made components.

WIND ENERGY CONVERSION SYSTEM (WECS)

A machine that converts the kinetic energy of the wind into a usable form (commonly known as "wind turbine" or "windmill").

WIND ENERGY FACILITY

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.

WIND MEASUREMENT TOWER

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:

(a) Tower-climbing apparatus located no closer than 12 feet to the ground.

(b) A locked anti-climb device installed on the tower.

(c) A locked, protective fence at least six feet in height that encloses the tower.

(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.

§ 250-58.6 Donation bins.

[Added 2-12-2014 by L.L. No. 3-2014]

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

DONATION BINS

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.

§ 250-58.7 Solar collection systems.

[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. Definitions. As used in this section, 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.

ALTERNATIVE ENERGY SYSTEM

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.

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.

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.

GROUND- OR POLE-MOUNTED SOLAR ENERGY SYSTEM

A solar energy system that is directly installed in the ground and not attached or affixed to an existing structure.

NET METERING

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.

PHOTOVOLTAIC (PV) SYSTEM

A solar energy system that produces electricity by the use of semiconductor devices, called "photovoltaic cells," which 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 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.

ROOFTOP OR BUILDING-MOUNTED 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 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 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 is 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 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.

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.

§ 250-59 Receive-only antennas.

[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.

(1) Lot width of 50 feet or more shall require a ten-foot setback.

(2) Lot width of more than 40 feet but less than 50 feet shall require a five-foot setback.

(3) Lot width of 40 feet or less shall require a four-foot setback.

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.

C. Accessory use. Receive-only antennas shall be construed as an accessory use permitted pursuant to Article IV, § 250-11B, of this chapter.