Except as provided by law or in this chapter, in each district, no building, structure or land shall be used or occupied except for the purposes permitted in § 150-20 and for the zoning districts so indicated.
B.
A use listed in § 150-20 may be permitted by special permit in any district denoted by the letters "SP," provided that the Board of Appeals authorizes the issuance of a zoning permit by the Zoning Officer, subject to the requirements of §§ 150-20 and 150-61 and the other requirements of this chapter.
Uses permitted by right or by special permit
shall be subject, in addition to use regulations, to such regulations
of yard, lot size, lot width, building area, provisions for off-street
parking and loading and to such other provisions as are specified
in other articles hereof.
A.
Additional regulations for all uses in the Lakeshore
District shall be:
B.
Table of Use Regulations.
[Amended 6-14-1990 by L.L. No. 2-1990; 9-11-1997 by L.L. No.
2-1997; 9-9-2004 by L.L. No. 2-2004; 10-14-2010 by L.L. No.
5-2010]
Districts
| |||||
---|---|---|---|---|---|
Principal Uses
|
AR
|
R
|
L
| ||
Agricultural Uses
| |||||
Tilling of soil
|
P
|
P
|
P
| ||
Keeping or raising of livestock, small animals
or poultry on farms, except that household pets shall be permitted
in all districts
|
P
|
N
|
N
| ||
Greenhouse, provided that any retail sales of
commodities associated with a greenhouse in the AR District shall
be produced on the premises
|
P
|
N
|
N
|
Districts
| |||||
---|---|---|---|---|---|
Principal Uses
|
AR
|
R
|
L
| ||
Residential Uses
| |||||
1-family detached dwelling on a separate lot
and occupied by not more than 1 family
|
P
|
P
|
P
| ||
2-family dwelling, provided that the lot area
per family shall not be less than the minimum lot required for the
district in which such lot is situated
|
P
|
P
|
P
| ||
Conversions. One-family dwelling converted for
occupancy by not more than 2 families, subject to the following conditions:
|
SP
|
SP
|
SP
| ||
The lot area per family should not be reduced
thereby to less than that required for the district in which such
lot is situated.
| |||||
The yard, building area and other applicable
requirements for the district shall not be reduced thereby.
| |||||
No structural alteration of the building exterior
shall be made except as may be necessary for purposes of safety.
|
Districts
| |||||
---|---|---|---|---|---|
Principal Uses
|
AR
|
R
|
L
| ||
Institutional, Recreational and Educational
Uses
| |||||
Cemetery
|
SP
|
SP
|
SP
| ||
Church, parish house, convent and other housing
for religious personnel, subject to the following provisions:
|
SP
|
SP
|
SP
| ||
Minimum lot size shall be 3 acres.
| |||||
Maximum height of principal building shall be
50 feet.
| |||||
Maximum height of accessory building shall be
20 feet.
| |||||
All buildings shall be not less than 100 feet
from any lot line.
| |||||
Completely detached buildings on the same lot
shall not be less than 20 feet from one another.
| |||||
Religious, sectarian and nonsectarian, denominational,
private or public school, not conducted as a private gainful business,
subject to the following provisions:
|
SP
|
SP
|
SP
| ||
Minimum lot size shall be 3 acres.
| |||||
Maximum height of principal building shall be
50 feet.
| |||||
Maximum height of accessory buildings shall
be 20 feet.
| |||||
All buildings shall be not less than 100 feet
from any lot line.
| |||||
Completely detached buildings on the same lot
shall be not less than 20 feet from one another.
| |||||
Recreational facility owned or operated by the
Town or other governmental unit
|
P
|
P
|
P
| ||
Park or recreation area wherein the chief activity
shall consist of outdoor recreation owned and operated by a not-for-profit
organization, subject to the following provisions:
|
SP
|
SP
|
SP
| ||
All buildings shall be not less than 100 feet
from any lot line.
| |||||
All lighting shall be shielded in order not
to shine upon abutting properties.
| |||||
A buffer planting strip along side and rear
property lines no less than 10 feet in width shall be required along
the perimeter of the lot. This buffer strip shall be composed of interlocking
trees and foliage and other appropriate ground cover. The maintenance
of this buffer strip shall be a continuing obligation of the owner
of said area.
| |||||
Public building owned or operated by the Town,
county state or federal government
|
P
|
P
|
P
| ||
Library
|
SP
|
SP
|
SP
| ||
Riding academy and boarding stables subject to the provisions of § 150-20.1 and the following provisions:
|
SP
|
N
|
N
| ||
Minimum lot size shall be 10 acres.
| |||||
No stable shall be less than 100 feet from any
lot line.
| |||||
A fence shall shield any refuse disposal.
| |||||
Private club or lodge for members only and operated
not-for-profit, subject to the following provisions:
|
SP
|
SP
|
SP
| ||
Minimum lot size shall be no less than 3 acres.
| |||||
All buildings shall be not less than 100 feet
from any lot line.
| |||||
Licensed hospital or other licensed establishment
for the care of the sick, aged, crippled, mentally ill or convalescent
persons, children's home or orphanage subject to the following provisions:
|
SP
|
SP
|
N
| ||
Minimum lot size shall be 3 acres.
| |||||
All buildings shall be not less than 100 feet
from any lot line.
| |||||
Maximum height of principal building shall be
50 feet.
| |||||
Maximum height of accessory building shall be
20 feet.
| |||||
Frontage shall be on a state or county road.
|
Districts
| |||||
---|---|---|---|---|---|
Principal Uses
|
AR
|
R
|
L
| ||
Utilities and Communications Uses
| |||||
Transformer station, substation, pumping station
or automatic telephone exchange, subject to the following provisions:
|
P
|
P
|
P
| ||
Such public service structure shall be permitted
only if it is essential to service such districts.
| |||||
No public business office or any storage yard
or storage building shall be operated.
| |||||
Suitable landscaping shall be installed.
| |||||
Fire station
|
P
|
P
|
P
| ||
Commercial antenna, micro relay station, etc., subject to the provisions of § 150-20.2 and the following additional provisions.
|
SP
|
SP
|
SP
| ||
Minimum lot size shall be 1 acre.
| |||||
No supporting wires shall be closer than 50
feet to any lot line.
| |||||
Suitable landscaping shall be installed.
| |||||
HAM electronic, receiving and transmitting equipment,
subject to the following provisions:
|
SP
|
SP
|
SP
| ||
Such structure shall not be located in any front
or side yard.
| |||||
Such structure shall not be located closer than
30 feet to any rear yard line.
| |||||
No such structure shall exceed a height of 20
feet.
| |||||
Wind generator, subject to the following provisions:
|
SP
|
SP
|
SP
| ||
Such structure shall not be located in any front
or side yard.
| |||||
Such structure shall not be located closer than
30 feet to any rear yard line.
| |||||
Such structure shall not exceed a height of
20 feet.
|
Districts
| |||||
---|---|---|---|---|---|
Principal Uses
|
AR
|
R
|
L
| ||
Miscellaneous Uses
| |||||
Race tracks (See § 150-20.3)
|
N
|
N
|
N
| ||
Commercial kennels
|
N
|
N
|
N
|
Districts
| |||||
---|---|---|---|---|---|
Principal Uses
|
AR
|
R
|
L
| ||
Wind Energy Conversion Systems
| |||||
Wind generator, subject to the following:
| |||||
Such structure shall not be located in any front yard or side
yard. Such structure shall not be located closer than the total height
of the WECS to any property line.
|
SP
|
SP
|
SP
|
Districts
| |||||
---|---|---|---|---|---|
Accessory Uses
|
AR
|
R
|
L
| ||
Customary home occupation for gain. A "home
occupation" is an activity that conforms to the following regulations:
|
P
|
P
|
P
| ||
The home occupation shall be carried on wholly
indoors and within the principal building or within a building or
other structure accessory thereto.
| |||||
There shall be no use of show windows or display
or advertising visible outside the premises to attract customers or
clients other than home occupation announcement signs as permitted.
| |||||
There shall be no exterior storage of materials.
| |||||
No external alterations, additions or changes
to the structure shall be permitted in order to accommodate or facilitate
a home occupation if such in any way alter the residential character
of the building.
| |||||
No articles shall be sold or offered for sale
except such as may be produced on the premises or as may be transported
in the owner's automobile.
| |||||
No repetitive servicing by truck for supplies
and material shall be required.
| |||||
The home occupation shall be carried on only
by members of the immediate family residing in the dwelling unit,
plus not more than 1 employee.
| |||||
The floor area devoted to a home occupation
shall not be more than 25% of the ground floor area of the principal
residential structure or 500 square feet, whichever is less.
| |||||
Bed-and-breakfast inns subject to the provisions of § 150-20.4
|
SP
|
SP
|
SP
| ||
Unattached accessory structures, including but
not limited to noncommercial greenhouses, toolsheds, private garages
or swimming pools, shall be erected only in accordance with the following
restrictions:
|
P
|
P
|
P
| ||
Accessory structures with less than 120 square
feet of floor area shall not be located closer than 5 feet to the
side or rear property lines. Accessory structures with 120 or more
square feet of floor area shall be located at least 10 feet from the
side or rear property lines. Where a side or rear lot line is adjacent
to a street, the distance from the accessory structure to the lot
line shall be the minimum of 50 feet or, other provisions of this
Code notwithstanding, the average of the distances from the lot lines
to the accessory structures located on the lots next thereto on either
side, but in no case shall this distance be less than 20 feet.
| |||||
No accessory structure shall exceed 20 feet
in height.
| |||||
No accessory structure over 3 feet in height
shall be located in a front yard except that pillars, pylons or columns
with lamps attached thereto for the purpose of illuminating and/or
marking the entrance of a driveway may be constructed or erected in
the front yard, provided: (a) the footprint of said pillar, pylon
or column shall not exceed 4 square feet in area, (b) the height excluding
the lamp shall not exceed 4 feet, (c) the structure shall not be located
within a public right-of-way or in a location so as to obstruct or
interfere with the line of sight for drivers of motor vehicles using
the driveway on the parcel, the driveways of adjoining lots or the
public street, and (d) the lamp shall not create a hazardous glare
that would prevent the safe operation of motor vehicles along the
adjoining street.
| |||||
Drive-in stand not exceeding 40 square feet
of gross floor area for the sale of farm, nursery or greenhouse products
produced on the premises where offered for sale, subject to the following
provisions:
|
SP
|
SP
|
SP
| ||
The stand may be in the front yard but shall
not be within the street lines.
| |||||
The location shall not be within 50 feet of
any intersection.
| |||||
Parking for vehicles shall be provided off the
street pavement.
| |||||
See also §§ 150-26 and 150-30A(9).
| |||||
Fences, walls, landscaping materials, subject to the traffic visibility requirements and provisions of § 150-25.
|
P
|
P
|
P
| ||
Off-street parking, subject to the provisions and requirements of Article VI.
| |||||
Signs, subject to the provisions and requirements of Article VII.
|
Districts
| |||
---|---|---|---|
Miscellaneous Uses
|
AR
|
R
|
L
|
The taking of minerals, petroleum products,
natural gas or other natural resources
|
SP
|
N
|
N
|
The harboring of horses in the Residential and Lakeshore Districts, subject to the provisions of § 150-20.1
|
SP
|
SP
|
SP
|
Commercial kennels, provided the parcel is not
less than 5 acres in size and the structures that house the animals
and the fenced areas which confine the animals are not closer than
150 feet to any lot line and said structures and fenced areas are
screened from view from the adjoining properties be a fence or interlocking
shrubbery at least 6 feet in height.
|
SP
|
N
|
N
|
Race tracks (See § 150-20.3)
|
N
|
N
|
N
|
Petting zoo (See § 150.20.1)
|
SP
|
N
|
N
|
[Added 9-9-2004 by L.L. No. 2-2004]
A.
The keeping of any poultry or fowl or any horses,
cattle, hogs, sheep, goats, rabbits, or other fleece-bearing or fur-bearing
animals or other animals on any parcel in the Town shall be prohibited
except on farms located in the Agricultural-Residential District unless
otherwise permitted by a special use permit as set forth in this section.
[Amended 6-22-2023 by L.L. No. 3-2023]
B.
Keeping of animals permitted by a special use permit.
[Amended 6-22-2023 by L.L. No. 3-2023]
(1)
Keeping of horses.
(a)
Horse riding academies and boarding stables.
The Town Planning Board may approve, by special use permit, horseback
riding academies and horse boarding stables as a principal use in
the Agricultural-Residential District, provided the parcel is 10 acres
or more in size.
(b)
Keeping of horses in the Residential District.
The Town Planning Board may approve by special use permit the keeping
of horses on residential properties in the Residential District as
an accessory use, provided that a minimum of five acres of open space
(pasture and corral space combined) is maintained and utilized exclusively
for the harboring of horses thereon.
(c)
Maximum number of horses that may be kept:
Amount of Open Space Maintained Exclusively
for the Horse(s)
(acres)
|
Maximum Number of Horses That May Be Kept
|
---|---|
5
|
3
|
Each additional over 5
|
1 additional
|
(2)
Petting zoos. The Town Planning Board may approve
a special use permit for the operation of a commercial or noncommercial
petting zoo as an accessory use on farms located within the Agricultural-Residential
District, provided such farms are within a Cayuga County Agricultural
District and provided such petting zoos are accessory and subordinate
to the farm operation.
C.
Exemptions. The prohibition against the harboring
of rabbits and potbelly pigs in the Residential District shall not
apply if such animals are kept as house pets and are boarded inside
the residence overnight.
[Added 9-9-2004 by L.L. No. 2-2004;
amended 6-22-2023 by L.L. No. 3-2023]
A.
Purpose and intent.
(1)
The Town of Owasco finds that the improper siting, placement,
or construction of wireless telecommunications facilities may pose
significant concerns to the health, safety, public welfare, character,
and environment of the Town and its inhabitants.
(2)
The Town of Owasco also finds that the development of wireless
service technology can be an economic development asset to the Town
and of significant benefit to the Town and its residents.
(3)
The purpose of these supplemental regulations is to minimize
impact of wireless telecommunications facilities and promote the health,
safety, and general welfare of the residents of the Town of Owasco
by providing standards for the safe provision of telecommunications
consistent with applicable federal and state regulations; to minimize
the total number of telecommunications towers in the community by
encouraging shared use of existing and future towers, and the use
of existing tall buildings and other high structures; and to minimize
adverse visual effects from telecommunication towers by requiring
careful siting, visual impact assessment, and appropriate landscaping.
B.
General criteria. No special use permit or renewal thereof or modification of a current special use permit relating to a telecommunications facility shall be authorized by the Town Planning Board unless it finds that the special use permit application for such telecommunications facility, in addition to all other required information as stated in §§ 150-72.1 through 150-72.4, complies with the supplemental standards and provisions hereinafter set forth:
(1)
Applicant shall provide a descriptive statement of the objective(s)
for the new facility or modification, including and expanding on a
need such as coverage and/or capacity requirements;
(2)
Applicant shall provide documentation that demonstrates and
proves the need for the wireless telecommunications facility to provide
service primarily and essentially within the Town. Such documentation
shall include propagation studies of the proposed site and all adjoining
planned, proposed, in-service, or existing sites that demonstrate
a significant gap in coverage and/or, if a capacity need, include
an analysis of current and projected usage;
(3)
Applicant shall provide documentation that the wireless telecommunications
facility conforms with all applicable regulations promulgated by the
Federal Communications Commission, Federal Aviation Administration,
and other federal agencies;
(4)
Applicant shall provide a visual impact assessment that demonstrates
the wireless telecommunications facility is designed and constructed
is a manner which minimizes visual impact to the extent practical;
(5)
Is the most appropriate site among those available within the
technically feasibly areas for the location of a telecommunications
facility;
(6)
When including the construction of a new tower, applicant shall
provide documentation that demonstrates such tower is designed to
accommodate future shared use by at least one other telecommunications
service provider. Any subsequent location of telecommunications equipment
by other service providers on existing towers specifically designed
for shared use shall not require a new or modified special use permit
if there would be no increase in the height of the tower. However,
the additional equipment will require site plan review.
C.
Colocation.
(1)
The shared use of existing telecommunications facilities or
other structures shall be preferred to the construction of new facilities.
Any special use permit applications, renewal or modification thereof
shall include proof that reasonable efforts have been made to collocate
within an existing telecommunications facility or upon an existing
structure. The application shall include an adequate inventory report
specifying existing telecommunications facility sites and structures
exceeding 75% of the height of the proposed tower within the search
range of the cell grid. The inventory report shall contain an evaluation
of opportunities for shared use as an alternative to the proposed
location.
(2)
The applicant must demonstrate that the proposed telecommunications
facility cannot be accommodated on existing telecommunications facility
sites in the inventory due to one or more of the following reasons:
(a)
The planned equipment would exceed the structural capacity of
existing and approved telecommunications facilities or 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 telecommunications facilities or other
structures do not have space on which proposed equipment can be placed
so it can function effectively and reasonably.
(d)
Other technical reasons make it impracticable to place the equipment
proposed by the applicant on existing facilities or structures.
(e)
The property owner or owner of the existing telecommunications
facility or other structure refuses to allow such collocation.
D.
Dimensional standards.
(1)
A fall zone around any tower constructed as part of a telecommunications
facility must have a radius at least equal to the height of the tower
and any antenna(s) attached upon its zenith. The entire fall zone
may not include public roads and must be located on property either
owned or leased by the applicant or for which the applicant has obtained
an easement and may not contain any structure other than those associated
with the telecommunications facility. If the facility is attached
to an existing structure, relief may be granted by specific permission
of the Zoning Board of Appeals on a case-by-case basis.
(2)
All telecommunications facilities shall be located on a single
parcel.
(3)
All telecommunications facilities shall comply with the setback
standards of the underlying zoning district. The size of the leased
or owned lot shall be, at a minimum, sufficiently large to include
the entire fall zone. A lot leased or owned for the purpose of construction
of a tower as part of telecommunications facility shall not result
in the creation of a nonconforming lot.
(4)
The frontage requirement of the under lying zoning district shall not apply, provided the telecommunications facility is not proposed on a parcel to be partitioned specifically for the facility and/or is designed for occupancy by staff. In the absence of required frontage, an accessway for service vehicles, either through easement, lease or owner ship, shall be in accord with Subsection G herein.
E.
Lighting and marking.
(1)
Towers shall not be artificially lighted and marked beyond requirements
of the Federal Aviation Administration.
F.
Appearance and buffering.
(1)
The use of any portion of a telecommunications facility for
signs, promotional or advertising purposes, including, but not limited
to, company name, phone numbers, banners, streamers, and balloons
is prohibited.
(2)
The facility shall have the least practical visual effect on the environment, as determined by the Zoning Board of Appeals. Any tower that is not subject to FAA marking, pursuant to Subsection E(1) and (2) of this section shall otherwise:
(a)
Have a galvanized finish, or shall be painted gray above the
surrounding tree line and gray or green below the tree line, as deemed
appropriate by the Planning Board; or
(b)
Be disguished or camouflaged to blend in with the surroundings,
to the extent that such alteration does not impair the ability of
the facility to perform its designed function.
(3)
Accessory structures shall maximize the use of building materials,
colors, and textures designed to blend in with the natural surroundings.
(4)
The Town Planning Board may require a State Environmental Quality
Review (SEQR) full EAF (environmental assessment form) for proposed
facilities at key viewpoints in the community. A visual environmental
assessment form (visual EAF) may be required as an addendum to either
the full or short EAF. The Town Planning Board may require submittal
of a more detailed visual analysis based on the results of the visual
EAF.
(5)
The Town Planning Board shall require that the facility have
appropriate vegetative buffering around the fences of the tower base
area, accessory structures and the anchor points of guyed towers to
buffer their view from neighboring residences, recreation areas, or
public roads. Such screening shall include the maximum feasible retention
of existing vegetation. The Town Planning Board may similarly require
screening adjacent to waterways, landmarks, refuges, community facilities,
or conservation or historic areas within common view of the public.
G.
Access and parking.
(1)
Accessways shall make maximum use of existing public or private
roads to the extent practicable. New accessways constructed solely
for telecommunications facilities must be at least 20 feet, but no
more than 30 feet, in width, and closely follow natural contours to
assume minimal visual disturbance and reduce soil erosion potential.
(2)
The road surface (driveways) shall be centered within accessways
and shall not comprise more than 60% of the width of the accessway.
(3)
Parking areas shall be sufficient to accommodate the greatest
number of service vehicles expected on the premises at any one time.
(4)
Driveways or parking areas shall provide adequate interior turnaround,
such that service vehicles will not have to back out onto a public
thoroughfare.
H.
Security.
(1)
Towers, anchor points of guyed towers, and accessory structures
shall each be surrounded by fencing at least eight feet in height,
the top foot of which may, at the discretion of the Town Planning
Board in deference to the character of the neighborhood, be comprised
of three-strands of barbed wire to discourage unauthorized access
to the site.
(2)
Motion-activated or staff-activated security lighting around
the base of a tower or accessory structure entrance may be provided
if such lighting does not project off the site. Such lighting should
only occur when the area within the fenced perimeters has been entered.
(3)
There shall be no permanent climbing pegs within 15 feet of
the ground of any tower.
(4)
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 right-of-way.
I.
Engineering and maintenance.
(1)
Site plans for all telecommunications facilities must bear the
seal of a professional engineer licensed to practice in the State
of New York. Every facility shall be built, operated, and maintained,
to acceptable industry standards, including, but not limited to, the
most recent, applicable standards of the Institute of Electric and
Electronic Engineers (IEEE) and the American National Standards Institute
(ANSI).
(2)
Every facility shall be inspected at least every second year
for structural integrity by a New York State licensed engineer. A
copy of the inspection report shall be submitted to the Zoning Enforcement
Officer.
(3)
A safety analysis by a qualified professional must accompany
any special use permit or site plan application, renewal thereof,
or modification, for the purpose of certifying that general public
electromagnetic radiation exposure does not exceed standards set by
federal regulations.
(4)
The Town, at the expense of the applicant, may retain such consultants
as it deems to be properly experienced, qualified, and necessary to
assist the Town Planning Board in reviewing and evaluating any application
for a wireless telecommunications facility including but not limited
to safety analysis, visual analysis, or structural inspection.
J.
Removal.
(1)
At the time of submittal of the application of a special use
permit 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(s) dedicated solely for use within
a telecommunications facility if such facility becomes technologically
obsolete or ceases to perform its originally intended function for
more than 12 consecutive months. Upon removal of said facility, the
land shall be restored to its previous conditions, including, but
not limited to, the seeding of exposed soils.
(2)
At the time of obtaining a building permit, the applicant must
provide a financial security bond for the removal of the telecommunications
facility and property restoration, with the municipality as the assignee,
in an amount approved by the Town Planning Board, but not less than
$100,000.
(3)
At the time of renewal or modification of the special use permit,
the Town Planning Board may adjust the required amount of the financial
security bond to adequately cover increases in the cost of removal
of the telecommunications facility and property restoration.
[Added 9-9-2004 by L.L. No. 2-2004]
A.
Intent. The purpose of this section is to protect
the public health and well-being by obviating public nuisances attending
to the use of private property by the property owner or the property
owner's family members or guests as formal or informal race tracks
for the operation of motor vehicles.
B.
MOTOR VEHICLE
RACE TRACK
Definitions. The following definitions used in this
section shall have the following meanings:
Any vehicle propelled by an internal combustion motor or
engine including, but not limited to, automobiles, midget automobiles,
stock cars, trucks, tractor-trailers, motor homes, go-carts, motor
scooters, motorcycles, snowmobiles, all-terrain vehicles, garden and
lawn tractors, boats or any other similar type of vehicle. Electrically
driven wheelchairs being operated or driven by a person with a disability
is not included in this definition.
Any ground, area or track upon which motor vehicles, as defined
in this section, are used for racing contests or demonstrations of
skills and stunts.
C.
Prohibition of race tracks. The formal or informal
use of any property within the Town of Owasco as a race track shall
be prohibited, but the recreational use of motor vehicles on one's
own property shall not be prohibited, provided such motor vehicles
are equipped with fully functional mufflers.
[Added 9-9-2004 by L.L. No. 2-2004;
amended 6-22-2023 by L.L. No. 3-2023]
The Town Planning Board may approve a special use permit for
bed-and-breakfast inns as an accessory use in the AR Agricultural-Residential,
R Residential, and Lakeshore Districts, provided the following standards
and provisions are maintained:
A.
The building proposed for occupancy as a bed-and-breakfast inn shall
be a single-family dwelling with no more than five lodging rooms for
hire.
B.
The operator of the bed-and-breakfast inn shall reside in the dwelling
while lodging rooms are occupied.
C.
The dwelling shall not be altered in a manner that would cause the
premises to differ from its residential character by the use of colors,
materials, constructions, or lighting, nor shall any extensions or
additions to the dwelling be made for the purpose of renting such
a space for overnight lodging.
D.
Outbuildings detached from the principal dwelling shall not be used
for lodging.
E.
A minimum of one off-street parking space shall be provided for each
rentable unit, in addition to the minimum number of parking spaces
required for a single-family dwelling. No such parking spaces shall
be located in the front yard area, and each space shall be not less
than 10 feet by 20 feet in size.
F.
One unanimated flat, or window sign and one unanimated, freestanding sign, each not to exceed four square feet per side, shall be permitted. Illuminated signs may be permitted subject to the review and approval of the Town Planning Board, provided such signs comply with Article VII of this chapter.
G.
No bed-and-breakfast inn shall be permitted where access is provided
by a shared driveway.
H.
Each rentable room shall be equipped with a functioning smoke detector.
I.
Lodging shall not be provided to the same person or persons for more
than 30 days per calendar year.
J.
Each bed-and-breakfast inn shall comply with the Cayuga County Sanitary
Code and the Codes of New York State.
[Added 10-14-2010 by L.L. No. 5-2010]
A.
Purpose. The Town Board of the Town of Owasco adopts this section
to promote the effective and efficient use of wind energy conversion
systems (WECSs) and to regulate the placement of wind energy conversion
systems so that the public health and safety will not be jeopardized.
B.
Findings.
(1)
The Town Board of the Town of Owasco finds and declares that
wind energy is an abundant, renewable and nonpolluting energy resource
of the town and that its conversion to electricity will reduce our
dependence on nonrenewable energy sources and decrease the air and
water pollution that results from the use of conventional energy sources.
(2)
The Town Board of the Town of Owasco further finds and declares
that:
(a)
Wind turbines that convert wind energy to electricity are currently
available on a commercial and residential basis from many manufacturers.
(b)
The generation of electricity from properly sited wind turbines
can be cost effective, and in many cases existing power distribution
systems can be used to transmit electricity from wind-generating stations
to utilities or other users.
(c)
Regulation of the siting and installation of wind turbines is
necessary for the purpose of protecting the health and safety of neighboring
property owners and the general public.
C.
OVERSPEED CONTROL
SITE
SWEPT AREA
TOTAL HEIGHT
WIND ENERGY CONVERSION SYSTEM
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A mechanism used to limit the speed of blade rotation to
below the design limits of the WECS.
The plot of land where the WECS is to be placed.
The largest area of the WECS that extracts energy from the
wind stream. In a conventional propeller-type WECS, there is a direct
relationship between swept area and the rotor diameter.
The height of the tower and the furthest vertical extension
of the WECS measured from the finished grade.
A machine that converts the kinetic energy in the wind into
a usable form of mechanical or electrical energy (commonly known as
a "wind turbine" or "windmill"). The WECS includes all parts of the
system except the tower and the transmission equipment; the turbine
or windmill may be on a horizontal or vertical axis, rotor or propeller.
D.
Special permit required for installation. Installation of wind energy conversion systems shall require the granting of a special permit in accordance with § 150-62.
E.
Requirements. Wind energy conversion systems shall be permitted in
all zoning districts, subject to the following requirements:
(1)
WECS size shall be limited to a maximum of two KW in the Lakeshore
and Residential Districts.
(2)
Building permit application for wind energy conversion systems
shall be accompanied by a site plan drawn in sufficient detail to
clearly describe the following:
(a)
Property lines and physical dimensions of the site.
(b)
Location, approximate dimensions and types of existing structures
and uses on site.
(c)
Location and elevation of the proposed WECS.
(d)
Location of all aboveground utility lines on site or within
one radius of the total height of the WECS.
(e)
Location and size of structures and trees above 35 feet within
a five-hundred-foot radius of the proposed WECS. For purposes of this
requirement, electrical transmission and distribution lines, antennas
and slender or open-lattice towers are not considered structures.
(f)
Show the zoning designation of immediate and adjacent sites.
(g)
Include make, model, picture and manufacturer's specifications,
including noise rating in decibels.
F.
General provisions. Installation of all wind energy conversion systems
shall comply with the following requirements:
(1)
WECS size. This chapter covers all WECSs.
(2)
Compliance with Uniform Building Code.[1]
(a)
Building permit applications shall be accompanied by standard
drawings of the structural components of the wind energy conversion
system, including support structures, tower, base and footings. Drawings
and any necessary calculations shall be certified, in writing, by
a New York State registered professional engineer that the system
complies with the New York State Fire Prevention and Building Code.
This certification would normally be supplied by the manufacturer.
(b)
Where the structural components or installation vary from the
standard design or specification, the proposed modifications shall
be certified by a New York State registered professional engineer
for compliance with the seismic and structural design provisions of
the New York State Fire Prevention and Building Code.
(3)
Compliance with National Electrical Code.
(a)
Building permit applications shall be accompanied by a line
drawing identifying the electrical components of the wind energy conversion
system to be installed in sufficient detail to allow for a determination
that the manner of installation conforms to the National Electrical
Code. The application shall include a statement from a New York State
registered professional engineer indicating that the electrical system
conforms with good engineering practices and complies with the National
Electrical Code. This certification would normally be supplied by
the manufacturer. All equipment and materials shall be used or installed
in accordance with such drawings and diagrams.
(b)
Where the electrical components of an installation vary from
the standard design or specifications, the proposed modifications
shall be reviewed and certified by a New York State registered professional
engineer for compliance with the requirements of the National Electrical
Code and good engineering practices.
(4)
Rotor safety. Each wind energy conversion system must be equipped
with both manual and automatic controls to limit the rotational speed
of the blade below the design limits of the rotor. The application
must include a statement by a New York State registered professional
engineer certifying that the rotor and overspeed controls have been
designed and fabricated for the proposed use in accordance with good
engineering practices. The engineer should also certify the structural
compatibility of possible towers with available rotors. This certification
would normally be supplied by the manufacturer and include the distance
and trajectory of the thrown blade from an exploding turbine or propeller
according to the Loss of Blade Theory.
(5)
The WECS shall be set back from the property line and structures
at least the total height of the WECS. In cluster setups, the distance
between WECSs shall be three times the length of the longest blade.
(6)
(7)
Noise. The WECS shall meet the requirements of any existing
noise ordinance of the Town of Owasco.
(8)
Electromagnetic interference. The wind energy conversion system
shall be operated such that no disruptive electromagnetic interference
is caused. If it has been demonstrated to a Code Enforcement Officer
that a wind energy conversion system is causing harmful interference,
the operator shall promptly mitigate the harmful interference.
(9)
Signs. At least one sign shall be posted at the base of the
tower warning of electrical shock or high voltage.
(10)
Height. Maximum total height of the WECS shall be 35 feet in
the Lakeshore and Residential Districts.
(11)
Abatement. If a wind energy conversion system or systems are
not maintained in operational condition for a period of one year and
pose a potential safety hazard, the owner or operator shall take expeditious
action to remedy the situation. The Town of Owasco reserves the authority
to abate any hazardous situation and to pass the cost of such abatement
on to the owner or operator of the system. If the Town of Owasco determines
that the WECS or its tower has been abandoned and poses a safety hazard,
the system shall be removed within 45 days of written notice to the
owner or operator of the system.
(12)
Liability insurance. The applicant, owner, lessee or assignee
shall maintain a current insurance policy which will cover installation
and operation of the wind energy conversion system at all times. Said
policy shall provide a minimum of $300,000 in property and personal
liability coverage.
(13)
Lighting of tower. Lighting of the tower and the WECS for aircraft
and helicopter will conform to FAA standards for height, wattage and
color.
(14)
SEQR review must be completed.
(15)
All power transmission lines from a WECS and tower to any building
or other structure shall be located underground.
(16)
No television, radio or other communication antenna may be affixed
or otherwise made a part of a WECS or tower.
G.
Penalties for offenses. Any person who violates any provision of
this section shall be guilty of a violation and subject to a fine
of not more than $250, imprisonment not to exceed 15 days, or both
such fine and imprisonment.
[Added 6-22-2023 by L.L. No. 2-2023]
A.
Intent. This section regulates and promotes the safe, effective and
efficient use of installed solar energy systems in order to encourage
renewable energy systems and a sustainable lifestyle, while protecting
the health, safety and welfare and minimizes the adverse impact on
the adjacent and surrounding neighboring properties.
B.
Statement of purpose. This solar energy section is adopted as a new section in Chapter 150 Zoning, of the Code of the Town of Owasco to advance and protect the public health, safety and welfare of the Town of Owasco, including, but not limited to:
(1)
To take advantage of a safe, abundant, renewable and nonpolluting
energy resource;
(2)
To foster low-impact development of sites that are otherwise
challenging to develop located near existing substations;
(3)
To broaden the economic tax base without further depleting or
drawing on limited resources;
(4)
To lessen the impacts of solar energy systems on environmental
resources such as important agricultural lands, forests, wildlife,
and other protected resources, including, but not limited to, scenic
byways and view sheds; and
(5)
To create synergy between solar and other community goals pursuant
to the Town's Comprehensive Plan, such as to responsibly and
safely create vibrant neighborhoods, manage land uses, create and
preserve walkable areas and recreation spaces, and encourage investment
in the Town.
C.
ACTIVE FARMLAND
APPLICANT
ARRAY
BUILDING
BUILDING DEPARTMENT
BUILDING-INTEGRATED SYSTEM
BUILDING-MOUNTED SYSTEM
DRIPLINE
FARM OPERATION
FARMLAND OF STATEWIDE IMPORTANCE
FLOODPLAIN
GLARE
GROUND-MOUNTED SYSTEM
INTERCONNECTION
KILOWATT (kW)
MEGAWATT (MW)
MODULE
NET METERING AGREEMENT
ON-FARM SOLAR ENERGY SYSTEM
PRIME FARMLAND
QUALIFIED SOLAR INSTALLER
REMOTE NET METERING
ROOFTOP- OR BUILDING-MOUNTED SYSTEM
SEQRA
SITE
SOLAR COLLECTOR
SOLAR EASEMENT
SOLAR ENERGY APPLICANT
SOLAR ENERGY EQUIPMENT
SOLAR ENERGY SYSTEM
(1)
(a)
(2)
(a)
(3)
(a)
(4)
SOLAR ENERGY SYSTEM OVERLAY DISTRICT
SOLAR PANEL
SOLAR PHOTOVOLTAIC (PV) RELATED EQUIPMENT
SOLAR THERMAL SYSTEM
SOLAR-BASED ARCHITECTURAL ELEMENT
STORAGE BATTERIES
STRUCTURE
TOWN
TRACKING SYSTEM
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Land used for a farm operation in accordance with Agriculture
and Markets Law § 301 uses of which include production of
crops, livestock, and livestock products within the past five years.
Applicant shall include all owners and operators, including
their successors and assigns, and any person, partnership, or entity
responsible for submitting a site plan application for review, or
otherwise being responsible for compliance with the terms, conditions,
and requirements of this section.
Any number of electrically connected photovoltaic (PV) modules
providing a single electrical output.
A structure wholly or partially enclosed within exterior
walls, or within exterior party walls, and a whole or partial roof,
affording shelter to persons, machinery, equipment or property.
The building and Code Enforcement Office of the Town of Owasco.
A solar photovoltaic system that is constructed as an integral
part of a principal or accessory building or structure and where the
building-integrated system features maintain a uniform profile or
surface of vertical walls, window openings, and roofing. Such a system
is used in lieu of a separate mechanical device, replacing or substituting
for an architectural or structural component of the building or structure
that appends or interrupts the uniform surfaces of walls, window openings
and roofing. A building-integrated system may occur within vertical
facades, replacing view glass, spandrel glass or other facade material;
into semitransparent skylight systems; into roofing systems, replacing
traditional roofing materials; or other building or structure envelope
systems.
A solar photovoltaic system attached to any part or type
of roof on a building or structure that has an occupancy permit on
file with the Town of Owasco and that is either the principal structure
or an accessory structure on a recorded lot. This system also includes
any solar-based architectural elements.
The outermost edge of a roof, including eaves, overhangs
and gutters.
Land and on-farm buildings, equipment, facilities, and practices
which contribute to the production, preparation, and marketing of
crops, livestock, and livestock products as a commercial enterprise
[in accordance with Agriculture and Markets Law § 301 Subdivision
11].
A land, in addition to prime and unique farmlands, that is
of statewide importance for the production of food, feed, fiber, forage,
and oil seed crops as determined by the appropriate state agency or
agencies. Farmlands of statewide importance may include tracts of
land that have been designated for agriculture by state law.
Any jurisdictional or mapped floodplain identified by the
Department of Environmental Conservation or on jurisdictional floodplain
and FEMA/FIRM maps.
Harsh bright light to a receptor location resulting from
the reflection of sunlight from photovoltaic (PV) arrays, calculated
based on sun position, solar orientation and tilt, reflectance, and
environmental factors, which results in potential ocular hazard ranging
from temporary afterimage to retinal burn, discomfort or loss in visual
performance and visibility in any material respects.
A solar photovoltaic system that is anchored to the ground
and mounted on a structure, pole or series of poles constructed specifically
to support the photovoltaic system and not attached to any other structure,
and the primary purpose of producing electricity or thermal energy
for on-site or off-site use.
The technical and practical link between the solar generator
and the grid providing electricity to the greater community.
A unit of electrical power equal to 1,000 watts, which constitutes
the basic unit of electrical demand. A watt is a metric measurement
of power (not energy) and is the rate (not the duration) at which
electricity is used. 1,000 kW is equal to 1 Megawatt (MW).
A unit of power equal to 1,000 kW.
A module is the smallest protected assembly of interconnected
PV cells.
An agreement with a local electric utility that allows customers
to receive credits for surplus electricity generated by certain renewable
energy systems.
A solar energy system located on a farm which is a "farm
operation" (as defined by Article 25-AA of the Agriculture and Markets
Law), which may include one or multiple contiguous or non-contiguous
parcels in an agriculture district, which is designed, installed,
and operated so that the anticipated annual total amounts of electrical
energy generated do not exceed more than 110% of the anticipated annual
total electrical energy consumed by the farm operation,
Agricultural lands consisting of highly productive soils
as identified by the United States Department of Agriculture-Natural
Resources Conservation Service (USDA-NRCS) as land that has the best
combination of physical and chemical characteristics for producing
food, feed, forage, fiber, and oilseed crops, and is also available
for these land uses (or as designated through alternative available
resources such as the NYS Department of Agriculture and Markets Soil
Groups 1 through 4). The parameters for prime farmland are national.
Soils must meet specific criteria with respect to a number of soil
properties, including temperature, moisture regime, erodibility, pH,
water table, permeability, rock fragment content, and others as described
in the National Soil Survey Handbook. Soils that are designated as
prime farmland if drained met all the prime farmland criteria except
for depth to seasonal high water table, and are suitable for drainage.
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.
Allows solar photovoltaic owner generators to apply excess
generation credits from the generator system ("host account") to other
meters on property that is owned or leased by the same customer and
are within the same load zone as the generator ("satellites").
A solar power 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.
The New York State Environmental Quality Review Act and its
implementing regulations in Title 6 of the New York Codes, Rules and
Regulations, Part 617.
The parcel(s) of land where a solar energy system is to be
placed. Where multiple adjacent lots are in joint ownership or use,
the combined lots shall be considered as one for purposes of applying
setback requirements. Any property which has a solar energy system
located upon it or has entered an agreement for a solar energy system
or a setback agreement shall not be considered off-site.
A photovoltaic cell, panel or array, or solar hot air or
water collector device, which relies upon solar radiation as an energy
source for the generation of electricity or transfer of stored heat.
A document recorded pursuant to New York State Real Property
Law § 335-b, the purpose of which is to secure the right
to receive sunlight across real property of another for continued
access to sunlight necessary to operate a solar energy system.
Any person, firm, corporation or any other entity submitting
an application to the Town of Owasco for a solar energy system.
Solar collectors, controls, inverters, energy storage devices,
and other materials and hardware, associated with the production of
electrical or thermal energy from solar radiation.
The components and subsystems required to convert solar energy
into electric energy suitable for use. The term includes, but is not
limited to, solar panels and solar energy equipment. A solar energy
system is classified as a Tier 1, Tier 2A, Tier 2B, or Tier 3 solar
energy system as follows:
Tier 1 solar energy systems include the following:
Building-mounted solar energy systems and/or building-integrated
solar energy systems with an energy capacity of less than 25 kW.
Tier 2A solar energy systems include the following:
Ground-mounted solar energy systems with a total surface area
of less than 2,000 square feet and with an energy capacity of less
than 25kW.
Tier 2B solar energy systems include the following:
On-farm solar energy systems.
A floating zoning district as may be approved by the Owasco
Town Council as set forth in accordance with provisions of the Zoning
Code of the Town of Owasco.
A photovoltaic device capable of collecting and converting
solar energy into electrical energy.
Items including a solar photovoltaic cell, panel or array,
lines, mounting brackets, framing and foundations used for or intended
to be used for collection of solar energy.
A system in which water or other liquid is directly heated
by the sunlight. The heated liquid is then used for purposes such
as space heating and cooling, domestic hot water and the heating of
swimming pools.
Structural/architectural element(s) that provide protection
from weather that includes awnings, canopies, porches or sunshades
and that are constructed with the primary covering consisting of solar
PV modules and may or may not include additional solar PV-related
equipment.
Devices that store energy and make it available in an electrical
form.
An assembly of materials located on or permanently affixed
to the ground, directly or indirectly, usually including underground
parts, such as a foundation, and above ground parts. A building is
one type of structure.
Town of Owasco, Cayuga County, New York.
A number of photovoltaic modules mounted such that they track
the movement of the sun across the sky to maximize energy production,
either with a single-axis or dual-axis mechanism.
D.
Applicability.
(1)
This section applies to all building-mounted, building-integrated,
and ground-mounted systems installed and constructed after the effective
date of the section.
(2)
Solar energy systems constructed prior to the effective date
of this section are not required to meet the requirements of this
section.
(3)
Any upgrade, modification or structural change that alters the
size or placement of an existing solar energy system shall comply
with the provisions of this section.
(4)
The installation of any solar energy system does not carry with
it a right to a clear line of sight to the sun. It shall be the responsibility
of the applicant, installer, or developer to gain any and all solar
easements or agreements to maintain a line of sight to the sun if
necessary.
(5)
The substantive requirements and standards for Tier 1, Tier
2A, Tier 2B, and Tier 3 solar energy systems set forth in this section
are intended to apply to all projects with solar collectors and the
enclosure and/or fence surrounding the solar energy system, including
large projects subject to the siting authority of the New York State
Board on Electric Siting and the Environment pursuant to New York
State Executive Law § 94-c.
(6)
All solar energy systems shall be designed, erected, and installed
in accordance with all applicable codes, regulations and industry
standards as referenced in the New York State Uniform Fire Prevention
and building Code Act, the New York State Energy Conservation Code
and the Town of Owasco Zoning Law. Such applicable industry standards
include, but are not limited to: Institute of Electric and Electronic
Engineers ("IEEE"); American National Standards Institute ("ANSI");
National Fire Protection Association (NFPA) National Electrical Code
("NEC").
E.
Permitted locations. No solar energy system or device shall be installed
or operated in the Town of Owasco except in compliance with this section.
Table 1. Summary of Permitted solar energy systems by Zoning
District
| |||||
---|---|---|---|---|---|
Zoning District
| |||||
Solar Energy System
|
AR
|
R
|
L
|
PDD
|
Applicable Subsections
|
Tier 1
|
P
|
P
|
P
|
P
|
A, B, C, D, E(1), F(1), G, H, I, J
|
Tier 2A
|
SUP
|
NP
|
NP
|
NP
|
A, B, C, D, E(2), F(2), G, H, I, J
|
Tier 2B
|
SUP
|
NP
|
NP
|
NP
|
A, B, C, D, E(2), F(2), G, H, I, J
|
Tier 3
|
FOD-S & SUP
|
FOD-S & SUP
|
NP
|
NP
|
A, B, C, D, E(3), F(3), G, H, I, J
|
P - Permitted, SUP-Special Use Permit with Site Plan, FOD-S
- Floating Overlay District Requires Zone Change to solar energy system
Overlay District and Special Use Permit with Site Plan, NP - Not Permitted
|
(1)
Tier 1 solar energy systems.
(a)
Tier 1 solar energy systems are permitted as an accessory use
in all zoning districts when attached to any lawfully permitted building
or structure.
[1]
All applicants and owners of Tier 1 solar energy
systems must file a building Permit application with the building
Department, and obtain a valid building permit, prior to starting
installations.
(2)
Tier 2A and 2B solar energy systems.
(a)
Tier 2A and 2B solar energy systems are permitted through the
issuance of a special use permit by the Town of Owasco Planning Board
in the Agricultural/Residential zoning district on lots having a minimum
size of three acres, except as may otherwise be detailed herein, and
shall adhere to the following:
[1]
All applicants and owners of Tier 2A and 2B solar
energy systems must file a building permit application with the building
Department, and obtain a valid building permit, prior to starting
installations.
[2]
All applicants and owners of Tier 2A and 2B solar
energy systems must file a special use permit application with the
Planning Board, and obtain a valid special use permit, prior to starting
installations.
(b)
Locating of ground-mounted Tier 2A and 2B solar energy systems
avoids the following areas, unless special circumstances arise which
create an unavoidable hardship to the applicant and an exception is
granted by the Planning Board in conjunction with the special use
permit approval process:
[1]
Agricultural lands consisting of highly productive
soils (i.e., prime farmland soils and soils of statewide importance)
as identified by the United States Department of Agriculture-Natural
Resources Conservation Service (USDA - NRCS) or alternative available
resource (NYS Department of Agriculture and Markets Soil Groups 1
through 4). The Town will use the following hierarchy as a guide to
encourage preservation of Prime Farmland soils:
[2]
Areas of potential environmental sensitivity, such
as unique natural areas as designated by the Town of Owasco, Cayuga
County Soil and Water Conservation District, Floodplains, historic
sites, airports, state-owned lands, conservation easements, trails,
parkland, prime soils, Owasco Lake viewsheds, and wetlands as identified
by the New York State Department of Environmental Conservation or
the United States Army Corps of Engineers.
[3]
Areas with slopes of greater than 15%.
[4]
Front yards of residential lots, if any aboveground
portion of the system is within 100 feet of a public or private highway,
road, street, and/or right-of-way, it being the intent of the Town
of Owasco to encourage residential solar energy systems to be affixed
to a building pursuant to Tier 1 standards whenever and wherever reasonably
possible.
[5]
Recreation areas and opens spaces designed for
use by members of the public for recreation, hiking, biking, sporting
events and similar activities, whether classified as preexisting nonconforming
uses or specially permitted.
(3)
Tier 3 solar energy systems.
F.
Design, installation, removal, and permitting standards.
(1)
Tier 1 solar energy systems - building mounted/integrated.
(a)
Height and setback requirements.
[1]
Tier 1 solar energy systems shall not exceed height
limitations of the zoning district and shall adhere to the following:
[a]
Any solar energy system installed on a pitched
roof that faces the front yard of a property must be installed at
the same angle as the roof on which it is installed with a maximum
distance, measured perpendicular to the roof, of 18 inches between
the roof and edge or surface of the system.
[b]
A solar energy system installed on a sloped roof
shall not allow the highest point of the system to exceed the highest
point of the roof to which it is attached.
[c]
A solar energy system installed on a flat roof
shall not allow the highest point of the system to extend beyond six
feet above the roof to which it is attached.
(b)
Submittal requirements and fees.
[1]
At the time of submittal of the application, at
a minimum and unless waived by the Code Enforcement Officer, the Solar
Energy applicant shall submit the following documents:
[2]
Fees. The applicant shall deliver to the Town of
Owasco, along with its application for a Tier 1 solar energy system,
the fee amount as determined in the Town's Fee Schedule.
(c)
Nonconformance.
[1]
If a Tier 1 solar energy system is to be installed
on any building or structure that is nonconforming because its height
violates the height restrictions of the zoning district in which it
is located, the Tier 1 solar energy system shall be permitted, so
long as it does not extend above the peak or highest point of the
roof to which it is mounted and so long as it complies with the other
provisions of this section.
[2]
If a Tier 1 solar energy system is to be installed
on a building or structure on a nonconforming property that does not
meet the minimum setbacks required and/or exceeds the lot coverage
limits for the zoning district in which it is located, a Tier 1 solar
energy system shall be permitted, so long as there is no expansion
of any setback or lot coverage nonconformity and so long as it complies
with the other provisions of this section.
(2)
Tier 2A and 2B solar energy systems - Small Scale ground-mounted.
(a)
Height and setback requirements.
[1]
Tier 2A and Tier 2B solar energy systems may not
exceed the permitted height of accessory structures in the zoning
district where the solar energy system is to be installed, or 20 feet
from the ground, whichever is less.
[2]
Tier 2A and 2B solar energy systems may not be
located within 100 feet of the edge of the front, side, or rear limits
of the parcel.
[3]
Tier 2B solar energy systems that include building- mounted and building-integrated panels shall adhere to the requirements of Subsection F(1)(a)[1].
(b)
Submittal requirements and fees.
[1]
Pre-application meeting. At least 60 days prior
to the submission of an application, the applicant shall conduct a
pre-application meeting with the Town of Owasco Planning Board to
ensure all parties have clear expectations regarding any Town requirements
applicable to the proposed solar energy system. A written request
for this purpose shall be sent to the Planning Board. Submission and
review of the application shall not be delayed based on the failure
of the Town to respond in a timely manner to a properly filed meeting
request. At the pre-application meeting, the applicant must provide
1) a brief description of the proposed facility and its environmental
setting, 2) a map of the proposed facility showing project components,
3) the proposed facility's anticipated impacts, 4) a designated
contact person with telephone number, email address, and mailing address
from whom information will be available going forward, and 5) an anticipated
application submission date.
[2]
Applications for Tier 2A and 2B solar energy systems
shall be reviewed by the Code Enforcement Officer for completeness.
Applicants shall be advised within 10 days of the completeness of
their application or any deficiencies that must be addressed prior
to substantive review.
[3]
At the time of submittal of the application for
a special use permit for a Tier 2A or 2B solar energy system, at a
minimum and unless waived by the Town of Owasco Planning Board, the
Solar Energy applicant shall submit the following documents to be
reviewed and approved by the Town's designated engineer if requested
by the Town of Owasco Planning Board:
[a]
Site plans. Site plans shall be progressed to include
details of relevant site features, including, but not limited to,
wetlands, streams and other environmentally sensitive areas to be
protected, access driveways, fencing, signage, stormwater management
practices, connection to the grid, landscaping, etc. Site plan shall
include layouts and details as necessary for the Town of Owasco Planning
Board to review aesthetic impact (materials, colors, height, etc.).
[b]
Equipment specification sheets.
[c]
Soils maps.
[d]
Map showing active and prime farmland, including
USDA classifications (e.g., farmland of statewide importance, all
areas are prime farmland and prime farmland if drained).
[e]
A completed Part 1 of the NYS SEQRA Short Environmental
Assessment Form.
[f]
Proposed screening and buffering between the solar
energy system and neighboring properties, as necessary through mechanisms
including fencing and landscaping, to be incorporated to the satisfaction
of the Planning Board.
[4]
Special provisions. The Town of Owasco Planning
Board may impose conditions on its approval of any special use permit
under this section in order to enforce the standards referred to in
this section or in order to discharge its obligations under the State
Environmental Quality Review Act (SEQRA). Such conditions may include,
but are not limited to, the submission of line-of-sight drawings,
detailed elevation maps, visual simulations, before and after renderings,
and alternate designs to more clearly identify adverse impacts for
the purpose of their mitigation.
[5]
Fees. The applicant shall deliver to the Town of
Owasco, along with its application for a Tier 2A or 2B solar energy
system, the application fee amount as determined in the Town's
Fee Schedule.
(c)
Nonconformance.
[1]
If a Tier 2A or 2B solar energy system is to be
installed on a property containing a structure that is nonconforming
because the required minimum setbacks are exceeded, the proposed system
shall be permitted so long as the system does not encroach into the
required setback established herein.
G.
Right of inspection.
(1)
In order to verify that the solar energy system's applicant(s)/owners
and any and all lessees, renters and/or operators of the solar energy
system place, construct, modify and maintain such systems, including
solar collectors and solar inverters, in accordance with all applicable
technical, safety, fire, building and zoning codes, laws, ordinances
and regulations and other applicable requirements, the Town of Owasco
may inspect all facets of said system's placement, construction,
modification and maintenance.
(2)
Any inspections required by the Town of Owasco building and
Codes Department that are beyond its scope or ability shall be at
the expense of the solar energy applicant/owner/operator.
H.
Enforcement.
(1)
The Town Council shall appoint such Town staff or outside consultants
as it sees fit to enforce this section, and each such person shall
be deemed an Enforcement Officer under this section.
(2)
All provisions of New York State law generally applicable to
misdemeanors shall apply to any criminal proceeding brought under
this section, and for such purposes the violation of this section
is hereby declared an unclassified misdemeanor. The Town's justice
court is hereby vested with jurisdiction to issue administrative and
other warrants in compliance with the New York Criminal Procedure
Law and Administrative Codes of the State of New York, as well as
to hear and adjudicate allegations relating to the criminal or civil
violation of this chapter and thereafter, if appropriate, impose any
fine, penalty, or sanction.
I.
Severability. If any clause, sentence, paragraph, or section of this
section shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair, or invalidate
the remainder thereof, but shall be confined in its operation to the
clause, sentence, paragraph, section, or article thereof directly
involved in the controversy in which such judgment shall have been
rendered.
J.
Repealer; effects on other laws; effective date. All resolutions,
ordinances, and local laws, or parts thereof in conflict herewith,
or which in any manner, in the absence of this section, would address
or apply to the approval, construction, operation, or decommissioning
of solar energy systems or facilities are superseded by this section.
This section shall take effect immediately upon filing with the Secretary
of State.