Town of Ghent, NY
Columbia County
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[Amended 4-7-2016 by L.L. No. 2-2016]
Within any Hamlet Business (HB), Village Business (VB), Commercial (C-1, C-2, or C-3) Zone, a building, structure or lot shall conform to the uses indicated in Appendix C, Table of Use Regulations,[1] for the specific district in which it is located on the Zoning Map, and in accordance with the particular classification of such uses in that district. Further, any such building, structure or lot shall only be utilized in conformance with the provisions of Appendix D, Table of Dimensional Regulations.[2] In addition, such uses shall also comply with all other applicable provisions of this chapter. Within any such district or zone, a parcel may be used for more than one use.
[1]
Editor's Note: Appendix C is included as an attachment to this chapter.
[2]
Editor's Note: Appendix D is included as an attachment to this chapter.
[1]
Editor's Note: Former § 190-11, Planned Commercial and Industrial Districts, was repealed 4-7-2016 by L.L. No. 2-2016.
[Amended 4-7-2016 by L.L. No. 2-2016; 5-18-2017 by L.L. No. 1-2017]
The following performance standards shall be applicable to: i) all business zones; ii) the permitted uses listed in Appendix C[1] in any zone; and iii) all business uses permitted in a residential zone. The issuance of any permits and/or certificates of occupancy shall be contingent upon compliance with these standards and conditions.
A. 
Performance standards procedure. Any application for a building permit for a use which shall be subject to performance standards shall be accompanied by a sworn statement by the owner of subject property that said use will be operated and maintained in accordance with the performance standards set forth herein.
B. 
Definition of elements. No land or building subject hereto shall be operated, used or maintained in any manner that may create any dangerous, injurious, noxious or otherwise objectionable fire, explosive or other hazard; noise or vibration, smoke, dust, dirt or other form of air pollution; groundwater or surface water pollution; soil pollution; electrical or other disturbance; glare; or other substance, condition or element in such amount as to adversely affect the surrounding area or premises (referred to herein as "dangerous or objectionable elements").
C. 
Determination of enforcement location. The determination of the existence of any dangerous and objectionable elements shall be made: 1) at the point or points where such elements shall be most apparent for fire and explosion hazards, for radioactivity and electrical disturbances, for smoke and other forms of air pollution; 2) at or beyond the property lines of the use creating such elements for noise, for vibration, for glare, for odors, and for other substance, condition or element, wherever the effect is greatest; and 3) at the point(s) of discharge or release for soil, groundwater, or surface water.
D. 
Standards to be enforced.
(1) 
Fire and explosion hazards. All activities involving, and all storage of, inflammable and explosive materials shall be provided with adequate safety devices against the hazard of fire and explosion and adequate firefighting and fire suppression equipment and devices standard to this industry. Burning of waste materials in open fires is prohibited. The relevant provisions of state and local laws and regulations shall also apply.
(2) 
Radioactivity or electrical disturbance. No activities shall be permitted which emit dangerous radioactivity or electrical disturbance adversely affecting the operation of any equipment. All applicable federal regulations shall be complied with.
(3) 
Noise. No noise which is objectionable due to volume, intermittence, beat frequency or shrillness shall be perceptible outside the property where it originates.
(4) 
Vibration. No vibration shall be permitted which is detectable without instruments at the points of measurement specified in Subsection C.
(5) 
Glare. No direct or sky-reflected glare, whether from floodlights or from high-temperature processes such as combustion or welding, or otherwise, so as to be visible at the points of measurement specified in Subsection C.
(6) 
Smoke. No emission shall be permitted from any chimney or otherwise of visible grey or dark smoke of a shade equal to or darker than No. 2 on the Power's Micro-Ringlemann Chart, as amended (being a direct facsimile reduction of a standard Ringlemann Chart issued by the United States Bureau of Mines).
(7) 
Odors. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable without instruments at the property line of the zone lot from which they are emitted.
(8) 
Other forms of air pollution. No emission of fly ash, dust, fumes, vapors, gases and other forms of air pollution shall be permitted which can cause any health hazard, physical hazard or damage to humans, animals, or the environment.
(9) 
Groundwater and surface water pollution. No release by any means of any substance shall be permitted that can pollute or harm groundwater or surface water, including any associated floodplain(s).
(10) 
Soil pollution. No release by any means of any substance shall be permitted that can pollute the soil of the property location or any surrounding property. Any use pursuant to this section must adequately prevent soil erosion and/or siltation of surface water bodies.
E. 
Compliance with this chapter. Upon approval of an application for site plan or a special permit, the Board may request that applicant agrees to authorize the Town's Zoning Enforcement Officer and/or Building Inspector to enter the property and any structures for the purpose of determining compliance with this chapter including §§ 190-12, 190-13 and 190-19. Additionally, no site plan approval or special permit shall be granted for any property on which there exists a violation of this chapter, including a violation of any condition of a previous approval, unless the Board finds that the applicant has no legal right or ability to remedy the violation or that the site plan approval or grant of a special permit is necessary to remedy a condition that poses a risk to public health or safety.
[1]
Editor's Note: Appendix C is included as an attachment to this chapter.
[Amended 8-19-2010 by L.L. No. 4-2010; 4-7-2016 by L.L. No. 2-2016]
The following design standards shall be applicable in the business and commercial zones and issuance of any permits and/or certificates of occupancy shall be contingent upon compliance with these standards and conditions. Applicant shall submit a site plan prepared by a licensed professional engineer, or similar licensed professional, unless waived by the Planning Board based upon specific facts of an application, including the level of change from existing to proposed.
A. 
Access standards.
(1) 
Vehicle access and circulation.
(a) 
Curb cuts shall be consolidated in order to provide clearly defined entrances and reduce conflicting vehicular movement.
(b) 
All uses shall utilize the existing streets to the extent possible.
[1] 
Any new street shall be located consistent with the official map, if such exists, unless otherwise sufficiently justified and shall be constructed in full compliance with the requirements for new Town roads.
[2] 
Any alley or lane shall be located consistent with the guidelines for the district in which it is proposed and shall be constructed in compliance with the requirements for driveways.
(c) 
Driveways, when provided, shall comply with the following:
[1] 
The minimum distance between the center-line intersection of any two streets and the intersection of a driveway center line and one of said street center lines shall be no less than 60 feet.
[2] 
All driveway entrances to streets shall be constructed in compliance with the applicable regulations of the state, county or local agency having jurisdiction over such street.
[3] 
In any nonresidential district, wherever a driveway or alley crosses a walkway, special paving accents or textures shall be provided to delineate the walkway.
(d) 
Sight triangle. To assure motorists have a clear line of sight at intersections, the Planning Board shall refer to guidance in Guidelines for Driveway Design and Location, by the Institute of Transportation Engineers, and Policies and Standards for Entrances to State Highways, published by the New York State Department of Transportation, as amended, or similar guidelines. In general, except for existing trees having all branches within six feet of the ground removed, no structure or planting more than three feet in height, as measured from the street surface at the nearest edge of the street, shall be erected, placed or maintained within the triangular area formed by:
[1] 
For streets, the intersecting center lines of the streets and a line through two points, each of which is 50 feet distant from such intersection along said center line.
[2] 
For alleys or driveways, the intersecting center lines of the alley or driveway and the street and a line through two points, each of which is 30 feet distant from such intersection along said center line.
(e) 
All streets shall be separated physically from walkways by a curb, vegetated strip or other physical separation. Streets and off-street parking facilities may not be used to satisfy any requirement for pedestrian circulation.
(f) 
Fire lanes providing access for emergency vehicles shall be established, identified and maintained free from obstruction in consultation with the Fire Department.
(g) 
In order to minimize the number of entrances and exits on Routes 9, 9H and 66, owners of lots having frontage on these roads shall, using its best efforts, cooperatively develop inter-lot connections between parking lots, driveways and alleys as part of any new development.
(2) 
Bicycle paths. When indicated on the official map, if such exists, or when existing bicycle paths have been developed to or along a lot for which a new use is proposed, such proposal shall include a bicycle path across said lot which shall be separated from the walkways and streets and shall have a minimum of crossings therewith.
(3) 
Pedestrian access and circulation. For all HB, VB, C-1, C-2 and C-3 Zones:
(a) 
Pedestrian access shall be provided and maintained for all parking areas to all uses.
(b) 
For HB and VB Zones only, a walkway shall be provided to and between each use on a lot.
(c) 
Walkways may consist of any combination of walks, paths, terraces, patios and similar elements interconnected so as to provide access to all buildings and off-street parking.
(d) 
The development of any lot shall provide a walkway utilizing sidewalks or an equivalent acceptable to the Planning Board along the full frontage of said lot to connect adjacent lots and to enhance and provide definition to the street providing frontage for the lot.
[1] 
All sidewalks shall be constructed of concrete, brick, stone, tile, rubber or similar material or combination of materials that exhibit a modular size and pattern. Blacktop or asphalt concrete shall be discouraged for sidewalks, unless it is used as a landscape design element.
[2] 
All sidewalks shall be designed to be consistent with the Americans with Disabilities Act Accessibility Guidelines, as amended or other similar guidelines, as well as standards of the highway agency if sidewalks are to be located within the right-of-way.
B. 
Sewer and water requirements. The Columbia County Health Department and, when necessary, the New York State Department of Environmental Conservation shall approve all sewerage and water systems which will service the use in these districts.
C. 
Distance from residential districts. No building or use other than parking shall be permitted within 50 feet from the boundary line of any residential district.
D. 
Screening standards.
(1) 
Required locations.
(a) 
Screening shall be provided to minimize the view of any off-street parking or storage of motor vehicles not located to the rear of the front building line.
(b) 
Screening shall be provided to minimize the view of accessory storage.
(c) 
Screening shall be provided around any potentially dangerous or hazardous use. Such screening shall also minimize entry by any unauthorized persons.
(d) 
Screening shall be provided to minimize the view of any off-street loading dock from any point along a property line common to any residential use or from any street.
(e) 
Screening shall be provided to minimize the view of any nonresidential use from any point along a property line common to any residential use, unless the nonresidential uses reasonably blend in with the adjoining residential uses.
(2) 
Materials. Screening shall be accomplished using the following materials:
(a) 
Existing native plant growth.
(b) 
An existing combination of topography and native plant growth.
(c) 
New landscaping materials.
(d) 
A stone or brick wall no more than six feet in height as measured from the adjoining finish grade.
(e) 
A fence which blends into the site and its surroundings.
[1] 
Chain-link fencing may be used where necessary for security purposes, but shall be provided with interwoven or applied material which obscures vision and shall be finished in an earth tone or black color.
[2] 
Except for agricultural uses, no barbed wire, razor wire, electrically charged wire or similar material that will cause harm to any person or animal shall be installed for the purposes of security, unless the applicant makes a clear demonstration of need.
(f) 
A vegetated berm.
(3) 
Specifications. The Planning Board, in its review of each application, applying the above standards, shall determine the degree of opacity and the height of the screening. In each case, the final design shall provide screening of sufficient height and opacity to minimize the view.
E. 
Landscaping standards. Landscaping shall define and shape exterior spaces and shall also be used to assist in the direction of pedestrian or vehicular movement, and contribute to the overall aesthetic quality of the site and its environs. A landscape plan shall be prepared by a landscape design professional, architect, engineer or nurseryman. Landscaping shall be required for, among other areas, corridor walkways, parking islands and beds, and screening.
(1) 
Specifications.
(a) 
Off-street parking.
[1] 
Any planting bed shall contain at least one tree and such other plant materials as are recommended by a landscape design professional, architect, engineer or nurseryman for such location.
[2] 
Any planting island shall contain sufficient trees, shrubs and other plant materials as are recommended by a landscape design professional, architect, engineer or nurseryman for purposes of establishing vertical interruption and definition to vehicular movement.
[3] 
Any required street separation shall include trees, shrubs, ground cover and grass as appropriate to minimize impervious materials and to provide definition for any walkway contained therein.
(b) 
Transportation corridors. All new trees shall be spaced according to the height and spread at maturity for each species.
[1] 
Street trees shall be located within the right-of-way of the street providing frontage for the subject lot, and in accordance with any applicable design guidelines, unless permission cannot be obtained from the agency with jurisdiction over the street to locate trees in the right-of-way. In that case, street trees shall be located on the subject lot adjacent to the right-of-way, in locations to be determined by the Planning Board.
[2] 
As required by the Planning Board, vegetative buffers and/or trees shall be provided within the walkway that is part of the street providing frontage for any lot. In no event shall trees be planted in the Town, county or state road right-of-way without permission of the state or local authority with jurisdiction over the right-of-way.
(c) 
Site furnishings such as benches, tables and chairs, fountains, sculpture, trash receptacles, planters, etc., may be provided in defined public spaces.
(2) 
Plant materials. All plants shall be natural and shall be maintained in a vigorous growing condition as a requirement of site plan or special use permit approval. Any plant not so maintained shall be replaced with a new plant no later than the beginning of the next growing season. Care shall be taken in the selection and planting of trees so that their roots do not disturb the sidewalk.
(3) 
Protection. All shrubs and trees shall be protected from potential damage inflicted by vehicles using off-street parking, driveways or other streets by means of a raised curb placed at the edge of the pavement or some other means deemed equally appropriate for this purpose by a landscape design professional, architect, engineer or nurseryman.
(a) 
The base of any new tree or shrub shall be maintained free from impervious materials that would impede the growth or otherwise impair the health of such plant.
(b) 
No new tree shall be located closer than 10 feet to any fire hydrant nor closer than three feet to any curb, as measured from the trunk center line of such tree.
F. 
Open space standards.
(1) 
Open spaces disturbed by construction shall be restored with appropriate landscaping after construction is completed in accordance with a schedule previously agreed to by the Planning Board. In addition to the definition of "open space" herein, the following specific standards shall apply:
(a) 
Any space required for the purposes of providing a fire lane shall be maintained free from combustible material.
(b) 
Any open space required for the purposes of providing a buffer shall be landscaped and maintained.
(2) 
Open space, where required, shall be contiguous and connect to open space on adjacent lots.
G. 
Architectural features standards. Any documentation describing the architectural features, location and dimensions of buildings shall be prepared by an architect or engineer, including documentation describing new buildings, additions or alterations to existing buildings, and all physical improvements accessory to or necessary for such buildings.
(1) 
Architectural features are regulated by the Table of Dimensional Regulations, Appendix D[1] and other provisions in this chapter and the State Building Code. In addition, the following standards shall apply:
(a) 
Form. Within any Hamlet or Village Business District, no alteration shall significantly alter, remove or destroy the proportion or detail of any original facade. The proportion and detail of any existing facade shall be maintained when it represents a reasonably accurate example of traditional architecture. The practice of removing or "boxing" period ornamentation with contemporary siding materials shall be discouraged; constructing porches, stoops and verandas consistent with the existing facade shall be considered appropriate alterations.
(b) 
Materials. Additions to existing buildings should use materials and details complementary with those incorporated in the parent structure on building facades within any Hamlet or Village Business District.
(c) 
Fenestration. New buildings shall articulate each opening in a manner consistent with its location, importance, and purpose. Fenestration shall be of a shape and proportion that is consistent with these guidelines and that of buildings fronting on the same corridor.
[1] 
New buildings, or additions to existing buildings, shall reflect any discernible pattern of window and door openings that is established among adjacent structures or is present in the existing building.
[2] 
Constructing any blank, windowless facade facing a corridor that provides frontage for the lot on which the building is located should be avoided.
(d) 
Roof shape. New buildings shall have a roof shape consistent in proportion, form and character to traditional architecture or buildings in surrounding neighborhoods.
[1] 
Flat roofs are inconsistent with the traditional building character of the Town and are not permitted, except where the size or type of the building requires a flat roof, and facade variations and other architectural features can disguise the flatness of the roof, e.g., use of a decorative parapet. At the discretion of the Planning Board, a flat roof may be permitted where it is determined that the roof shape is consistent with the historic character of adjoining buildings, or buildings within 100 feet of a proposed building.
[2] 
Low-slope roofs utilizing parapets, cornices and false fronts may be considered depending on the style of nearby buildings.
(e) 
Large building design, where the building has a facade longer than 100 feet, shall present the appearance of a grouping of two or more small, well-proportioned buildings incorporating ells, wings, verandas, porticos, courtyards and similar elements as unifying features.
[1]
Editor's Note: Appendix D is included as an attachment to this chapter.
(2) 
Building location is restricted by the Table of Dimensional Regulations, Appendix D.[2] In addition, building heights and architectural and landscaping features shall establish or retain the spatial definition of all corridors.
[2]
Editor's Note: Appendix D is included as an attachment to this chapter.
(3) 
Building dimension is restricted by the Table of Dimensional Regulations, Appendix D.[3] In addition, the following guidelines shall apply:
(a) 
Any large building facade and the sides visible from the transportation corridor shall incorporate changes in plane and architectural features that give the appearance of several common-wall buildings.
(b) 
The height of any new building shall generally be within one full story of the existing buildings on adjacent lots.
[3]
Editor's Note: Appendix D is included as an attachment to this chapter.
H. 
Protection standards. For the purposes of protecting adjacent land uses and the environment, certain physical features or improvements shall be required.
(1) 
Lighting. No artificial illumination device shall be erected, constructed or otherwise installed except in accordance with the following:
(a) 
No such device shall spill light beyond the boundaries of the lot upon which it is located to the extent that it would disturb a reasonably sensitive individual on the adjacent lot, and provided that there is no spillage into any street, thereby becoming a potential traffic hazard, provided that light spillage may be permitted, upon review and approval of the Planning Board, where the light spillage is intended to light adjoining sidewalks for safety purposes.
(b) 
All such devices shall direct light downward. Upward illumination is permitted for flags, provided there is no spillage to adjacent residential properties to the extent that it would disturb a reasonably sensitive individual on the adjacent lot, and provided there is no spillage into any street, thereby becoming a potential traffic hazard.
(c) 
The maximum height of any freestanding illuminating device shall be 16 feet as measured from the finish grade at the base of the supporting structure to the point of the light source on the device.
(d) 
Any illuminating device located within, along or immediately adjacent to any walkway shall be restricted to a maximum height of 12 feet as measured from the finish grade directly below such device to the point of the light source on such device.
(e) 
No illuminating device shall consist of any flashing, blinking or moving light source.
(f) 
Any device used to illuminate and display any building, structure, landscape, sign or the like, that incorporates a lamp greater than 375 lumens, shall have such lamp or bulb screened from direct view by the general public.
(2) 
Historic site. Any use within 50 feet of any place located on the State or National Register of Historic Places shall minimize any adverse impacts on the historic character of such place.
I. 
Loading facilities.
(1) 
Provisions for handling of all freight shall be on those sides of any building which do not face any street or any proposed street. Furthermore, loading docks or areas, trash pickup points and truck delivery routes shall be restricted to locations that are separate from customer-travelled areas.
(2) 
Where loading facilities are required for a use, they must be adequate.
J. 
Parking requirements.
(1) 
Parking facilities specifications. The parking layout shall reflect a well-conceived parking/customer access plan which utilizes appropriate channelization and movement control devices.
(2) 
Required off-street facilities may be enclosed in a structure or may be open. The minimum paved width of an ingress and egress to parking spaces shall be: for parallel side parking, 12 feet; for thirty-degree singular side parking, 11 feet; for forty-five-degree singular side parking, 14 feet; for sixty-degree singular side parking, 19 feet; for ninety-degree perpendicular side parking, 24 feet. A car space shall be a usable area of not less than 162 square feet in area and not less than nine feet in width, all paved with appropriate impervious material. Such space(s) shall be accessible from an approved street or ingress-egress way, as approved by the Planning Board. Parking areas shall be constructed and suitably maintained. Notwithstanding the above, the minimum width shall be nine feet and minimum depth shall by 18 feet for parking spaces.
(3) 
Use specifications.
Use
Minimum Recommended Parking Space
Residential use in VB and HB
1.5 space per unit
Nonresidential use in VB and HB
4 spaces for each 2,000 square feet floor area
Business, professional governmental offices and service businesses
1 space for every 300 square feet of floor area
Restaurants or other places serving food, beverages or other refreshments
1 per 200 square feet of floor area
Retail food stores
1 per 200 square feet of floor area
Retail or service businesses, including laundries and laundry pickup stations
1 per each 300 square feet of floor space designed to be used for business purposes
Hotel or motel
1 for each guest room plus 1 for each 2 employees
Nursing home or health-related facility
1 per employee plus 1 space for each 4 beds in the facility
Manufacturing or industrial establishment, including offices and other incidental operations on the same site
1 space for each 400 square feet of gross floor area, or 3 spaces for each 4 employees
Laboratories and research establishments
1 space for each 400 square feet of gross floor area, or 3 spaces for each 4 employees
Warehouse or storage building
1 space for each 1,000 square feet of gross floor area, or 1 space for each employee
Public utility facilities, electric, gas, water, telephone and telegraph facilities not having business offices on the premises
1 space for each employee, including but not less than 2 spaces for each such facility
Public utility facilities, electric, gas, water
1 space for each employee, including but not less than 2 spaces
Other permitted uses
As deemed necessary by the Planning Board during site plan review
K. 
Refuse area. Any refuse area shall be fenced or screened from view and must be approved by the appropriate reviewing board as to location and design.
[Amended 5-16-2002 by L.L. No. 2-2002; 4-7-2016 by L.L. No. 2-2016]
Application shall be made to the Building Inspector and will be subject to review by the Planning Board for all permitted uses in the HB, VB, CP, CI-1, C-2 and CI-3 Districts, including site plan review pursuant to Article VI, review under the State Environmental Quality Review Act (SEQRA) and review to assure compliance with the performance standards and design standards referred to herein. In order to assure compliance with performance and design standards, the Planning Board may require the posting of a bond. If a special permit is needed for a commercial use, the application will be referred to the Planning Board for determination, as well as for site plan review. If a variance is needed for a commercial use, the application will be referred to the Zoning Board for determination, as well as to the Planning Board for site plan review and for recommendations. In case of dual referral, the Planning Board shall conduct the review under the State Environmental Quality Review Act (SEQRA). The application will include the following:
A. 
Application fee as provided for in the fee schedule adopted by the Town Board.
B. 
Proof of landownership or lease. Applicant(s) must show evidence of a full ownership interest in the land such as legal title to the land or the execution of a binding sales agreement or lease.
C. 
Site plan developed in detail to describe the character and scope of the proposal completely, as set forth in Article VI herein.
D. 
The Planning Board and/or Zoning Board shall approve, approve with modifications or disapprove such application. In making its determination, the Planning Board or Zoning Board shall satisfy itself that the applicant meets or will meet all of the performance and design standards set forth herein. In the appropriate instance, the Planning Board or Zoning Board may grant preliminary approval, subject to further review and final approval after completion of the project.
[Added 4-7-2016 by L.L. No. 2-2016[1]]
A. 
Purpose and objectives. The proliferation of solar energy systems ("SES") as an environmentally friendly and cheaper energy alternative is expected in the coming years, and this equipment and the installation thereof must be reasonably regulated in order to protect the health, safety and welfare of the citizens of the Town of Ghent and, to the maximum degree possible, to coordinate and control the same to preserve and protect the aesthetic qualities of the Town. The Town recognizes the demand for SES facilities and the need for the services they provide. This section regulates SES installations to ensure that any such proposed energy system is designed, located, and installed in accordance with sound planning by:
(1) 
Promoting the health, safety and welfare of the residents of the Town.
(2) 
Minimizing the adverse visual effects of alternative energy systems and protecting the natural features, aesthetics and residential character of the Town through careful planning, design, location, buffering, and screening.
(3) 
Avoiding potential damage to adjacent properties from falling or flying debris from SES facilities through careful engineering and reasonable siting of energy system structures.
B. 
The primary purpose of any SES facility shall be to generate power for any use.
[Amended 5-18-2017 by L.L. No. 1-2017]
C. 
No SES shall be located or operated so as to impede the function of any other SES facility or of any radio or microwave communication device.
D. 
No SES shall be located so as to reduce or impede the amount of sunlight that would fall on an adjoining lot absent the SES.
E. 
Solar energy systems.
(1) 
Notwithstanding that a building permit shall be required, building-mounted SES facilities shall be permitted without site plan approval, provided such facilities meet the following standards:
(a) 
SES facilities on a peaked, pitched, gable, hip, or mansard roof shall be mounted parallel to and no more than 18 inches above the roof surface and shall be located no less than three feet from the edge of any part of the roofline.
(b) 
SES facilities on flat roofs having no parapet shall be located no less than three feet from the edge of any part of the roofline nor more than three feet above the height of the roof.
(c) 
SES facilities on flat roofs with a parapet shall be located no less than three feet from the edge of any part of the roofline or parapet nor above the height of the parapet.
(d) 
SES facilities shall use neutral, nonreflective colors and shall, unless proven to be impractical or unnecessary, match the roof or wall color mounted thereon.
(e) 
All utility services and electrical wiring shall be underground or otherwise placed within conduit securely attached to the roof and walls.
(2) 
Ground-mounted SES facilities shall be permitted subject to the following standards:
(a) 
Site plan approval shall be required for each SES facility.
(b) 
Accessory use SES facilities shall be located only in the side yard or rear yard and shall meet the minimum setback requirements for a principal structure for the zoning district in which it is located.
[Amended 5-18-2017 by L.L. No. 1-2017]
(c) 
No part of the SES shall exceed 20 feet in height above the finished grade of the site at the SES location.
(d) 
The SES shall be adequately screened pursuant to § 190-13D.
F. 
If an SES facility ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the facility no later than 90 days after the end of the twelve-month period.
G. 
If any subsection or specific part or provision or standard of this section or the application hereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such subsection or specific part or provision or standard shall be deemed a separate, distinct and independent provision, and such judgment shall not affect the validity of the remaining portions thereof.
H. 
To the extent that any provision of this section is inconsistent with the Town Law or the Energy Law, or the Real Property Law, or the General Municipal Law, the provisions of this section are expressly intended to and do hereby supersede any such inconsistent provisions under the Town's municipal home rule powers, pursuant to Municipal Home Rule Law § 10, Subdivision 1(ii)d(3), § 10, Subdivision 1(ii)a(4); and § 22 to supersede any inconsistent authority.
I. 
This section shall take effect immediately upon filing with this state's Secretary of State.
[1]
Editor's Note: This ordinance also repealed former § 190-15, Business industrial complex, business commercial and limited commercial/business zones.