Town of Westfield, NY Supplemental Regulations and Exceptions

Purpose. In order to minimize traffic safety problems associated with ponds inappropriately located near roadways, limit potential damage to the base of nearby roadways and to reduce the probability of creating an attractive nuisance in densely populated areas, the following rules and standards shall apply.

Definition. Ponds shall, for the purpose of this section, include all bodies of water created through construction or other similar method and are further defined in § 185-13.

Regulations.

Traffic safety.

Setback. All ponds constructed (after the effective date of this regulation) shall be set back a minimum of 100 feet from the center line of any roadway.

Location. New ponds shall be located in such a manner so as to minimize the likelihood of accidental vehicular access (e.g., avoid locating at the end of a dead end or tee roadway).

Area requirements. All area requirements applicable to one-family detached dwelling, if in a Residential (R-12), Residential-Lakeside (R-L), or Residential-Agricultural (R-A) District or to a building, if in any other district, (except front yard) shall be met in locating the pond.

Water safety. In areas where there are one or more neighboring housing units of non-site owners within 100 feet of the proposed site for the pond, one of the following shall be accomplished:

Fence. At a minimum a four-foot-high security fence shall completely surround the pond; or

Slope. The pond shall be designed such that the slope from the shore 10 feet towards the center of the pond shall be a maximum of 25% (i.e., three feet of drop per 12 feet of run).

Construction. It is recommended that the proposed pond design be reviewed and approved by the Chautauqua County Soil and Water Conservation District.

Fences.

[Added 8-7-2002 by L.L. No. 4-2002]

Purpose. For the purpose of protecting properties adjacent to fences and walls from indiscriminate placement, unsightliness, related health and safety problems, etc., the following rules and standards shall apply.

Definitions. See § 185-13.

Regulations. Fences shall be allowed by permit in any district and shall conform to the regulations which follow:

Exempt fencing. Fencing used for agricultural purposes on farms (see definition) shall be exempt from all regulations. Additionally, nonboundary fencing located more than 25 feet from any property line shall be exempt.

Permits. Fences and walls shall be allowed up to four feet in height by right. Fences and walls above four feet in height shall require a special use permit and consideration will be given to visibility from adjacent properties, light and air movement, etc.

Setback from road. Fences and walls shall not be located within legal highway rights-of-way.

Proximity to neighboring properties. All fences, walls, and/or hedges shall be located no closer than two feet from adjacent property lines. This rule can be waived if agreed to in writing by adjacent property owners.

Fire hazard. Any fence or wall considered to be flammable (see definition) shall be prohibited. Also, any fence in a potentially hazardous area shall not be allowed.

Finished sides. The finished sides of all fences or walls must face adjacent properties. This rule can be waived if agreed to in writing by adjacent property owners.

Materials. Only durable materials generally used and accepted by the industry shall be used for fences or walls.

Maintenance. All fences or walls shall be maintained structurally and visually.

Corner setbacks. Fences, walls, and/or hedges shall not be located so as to cut off or reduce visibility at intersections.

Lakeshore fence or walls. See supplemental lakeshore regulations.

Preexisting fences. Fences in existence at the time of the enactment of this subsection shall only be subject to Subsection H(3)(a), (h) and (j) of the preceding section.

Telecommunications facilities.

[Added 8-7-2002 by L.L. No. 1-2002]

Purpose. The Town of Westfield recognizes the increased demand for wireless communications transmitting facilities and the need for the services they provide. Often these facilities require the construction of a communications tower and/or similar facilities. The intent of this subsection is to regulate the location, construction, and modification of these facilities in accordance with sound land use planning by:

Minimizing adverse visual effects of towers and/or similar facilities through careful design, siting, and vegetative screening and/or buffering.

Avoiding potential damage to adjacent properties from tower failure or falling debris through engineering and careful siting of tower structures.

Maximizing the use of any new and/or existing tower or existing building and/or structure to reduce the number of towers and/or similar facilities needed in the Town.

Providing for the general health, safety and welfare of the Town by the regulation of these facilities as such regulation is permitted under applicable federal and/or state law.

Accommodating and allowing wireless service providers to meet their service objectives in a manner consistent with these regulations and/or other applicable federal or state law.

TELECOMMUNICATIONS FACILITIES

Definitions. For purposes of this subsection, the following terms shall have the following definitions:

ACCESSORY STRUCTURE

A nonhabitable accessory facility or structure serving or being used in conjunction with a communications tower and/or similar facility or antenna, and located on the same lot as the communications tower or antenna. Examples of such structures include utility or transmission equipment, storage sheds or cabinets.

ANTENNA

A system of electrical conductors that transmit or receive radio frequency signals. Such signals shall include but not be limited to radio, television, cellular, paging, personal wireless communication services (PWCS), and microwave communications.

BOARD OR TOWN BOARD

The Town Board of the Town of Westfield.

COLLOCATED ANTENNAS

Telecommunications facilities which utilize existing towers, buildings, or other structures for placement of antennas and do not require construction of a new tower.

FAA

The Federal Aviation Administration.

FCC

The Federal Communications Commission.

Towers and/or antennas and accessory structures used in connection with the provision of cellular telephone service, personal wireless communication services (PWCS), paging services, radio and/or television broadcast services, microwave transmission and/or similar or like broadcast services.

TOWER

A structure designed to support antennas. It includes, without limitation, freestanding towers, monopoles, and similar structures which do, or do not, employ camouflage technology.

Telecommunications facility permit required.

No telecommunications facility shall be sited, located, constructed, erected, or modified without the issuance of a special use permit as prescribed by this subsection.

The Town Board is hereby authorized after public notice and a hearing to review and approve, approve with modifications or disapprove special use permits pursuant to this law. The Town Board shall have the authority to impose such reasonable restrictions and conditions as are directly related to or incidental to the proposed antenna, tower, or accessory structures.

Notwithstanding any inconsistent provisions of the Zoning Code of the Town of Westfield, towers and antennas shall be permitted and regulated only in accordance with the provisions of this subsection.

These regulations and their requirement for the issuance of a special use permit shall not apply to modifications to existing telecommunications facilities determined by the Code Enforcement Officer to be "eligible facility requests," as set forth in 47 CFR 1.6100(b)(3), as that section may be amended from time to time; provided, however, that applicants for such modifications shall obtain a nondiscretionary zoning permit from the Code Enforcement Officer, subject to any applicable fee as set from time to time by resolution of the Town Board.

[Amended 12-7-2022 by L.L. No. 3-2022]

General standards.

No permit or renewal thereof or modification of the conditions of a current permit relating to a telecommunications facility shall be authorized by the Town Board unless it finds that such telecommunications facility or proposed modification thereto:

Is necessary to meet current or expected demands for the services supported by the telecommunications facility;

Conforms with all applicable regulations promulgated by the Federal Communications Commission and/or any other applicable state or federal regulatory agency.

Is designed and constructed in a manner which minimizes its visual impact.

Complies with all other requirements of the Zoning Code of the Town, including this subsection.

Is the most appropriate site within the immediate area for the location of a telecommunications facility, based upon the report required under § 185-43I(7)(c). It is preferred that telecommunications facilities be collocated as provided in this subsection unless the Town Board finds collocation not to be appropriate under the circumstances.

Siting preferences. Consistent with the objectives set forth in § 185-43I(1) hereof, a proposed telecommunications facility shall be located in accordance with the following siting preferences, from most favorable to least favorable, to the extent that there are commercially available locations which are technically feasible and otherwise consistent with the standards of this subsection:

Existing towers in low-density areas suitable for collocation.

Existing towers in high-density areas suitable for collocation.

Property in low-density areas with an existing structure suitable for location or collocation.

Property in high-density areas with an existing structure suitable for location or collocation.

Property owned by the Town of Westfield.

M: Manufacturing.

C-M: Commercial Manufacturing.

R-A: Residential Agricultural District.

C: Commercial District.

Collocated antennas preferred.

The shared use of existing telecommunications facilities or other structures shall be preferred to the construction of new such facilities. Any application for a telecommunications facility permit or renewal thereof or modification of the conditions of a current telecommunications facility permit shall include proof in accordance with § 185-43I(7)(c)[3] that reasonable efforts have been made to collocate with an existing telecommunications facility or upon an existing structure.

Any proposed tower shall be designed structurally, electrically and, in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the tower is over 100 feet in height or for at least one additional user if the tower is over 60 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights.

The applicant shall submit to the Town Board a letter of intent committing the applicant, and his/her successors in interest, to negotiate in good faith for shared use of the proposed tower by other personal wireless communication services (PWCS) providers in the future. Any permit issued hereunder shall commit the new tower owner and its or his or her successors in interest to:

Respond in a timely comprehensive manner to a request for information from a potential shared-use applicant.

Negotiate in good faith concerning future requests for shared use of the new tower by other personal wireless communication services (PWCS).

Allow shared use of the new tower if another PWCS provider agrees in writing to pay charges.

Make no more than a reasonable charge for shared use, based on generally accepted accounting principles. The charge may include but is not limited to a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance, financing, return on equity, and depreciation, and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference.

In order to keep neighboring municipalities informed, and to facilitate the possibility of directing that an existing tall structure or existing tower in a neighboring municipality be considered for shared use, an applicant who proposes a new tower shall notify in writing the legislative body of each municipality that borders the Town of Westfield as well as the Chautauqua County Planning Board. Notification shall include the exact location of the proposed tower and a general description of the project, including but not limited to the height of the tower and its capacity for future shared use.

Special use permit application requirements. All applicants for special use permits for telecommunications facilities towers and/or antennas shall make a written application to the Town Board. This application shall include:

Tower special use permit application form, supplied by the Town.

Full environment assessment form and visual environment assessment form addendum prepared in accordance with the State Environmental Quality Review Act.

Service area/inventory report for new towers.

The applicant shall provide a report which establishes to the satisfaction of the Town Board that the applicant is required to provide service to locations which it is not able to serve through existing facilities within a one-mile search radius of the proposed tower and which are located either within or outside of the Town. The search radius may be reduced to 1/2 mile for towers under 100 feet and 1/4 mile for towers under 60 feet. Said report shall show the specific locations and/or areas the applicant is seeking to serve which cannot be served through existing facilities.

The report shall set forth an inventory of existing facilities and/or structures within or outside of the Town which might be utilized or modified in order to provide coverage to the locations the applicant is seeking to service and include a report on the possibilities and opportunities for a collocation as an alternative to a new site.

The applicant must demonstrate to the satisfaction of the Town Board that despite good-faith efforts, the proposed facility cannot be accommodated on any such existing facility or structure either within or outside of the Town, due to one or more of the following reasons:

The proposed equipment would exceed the existing and reasonable potential structural capacity of existing facilities or structures within or outside of the Town considering existing and planned use for those facilities or structures.

The proposed equipment which could not reasonably be mitigated or prevented.

Said existing facilities or structures do not have space on which the proposed equipment can be placed so it can function effectively and reasonably and/or the applicant has not been able, following good faith efforts, to reach agreement with the owner or owners of such facilities or structures.

Documentation of the notification required under § 185-43I(6)(d).

A site plan is required for all new telecommunications facilities, except those to be collocated or attached to a suitable existing structure and which otherwise comply with the requirements of § 185-43I. The site plan must be acceptable to the Town Board in form, content, scale and detail sufficient to show, at a minimum:

The exact location of the proposed tower, and appurtenances;

The maximum height of proposed tower;

A detail of tower type (monopole, free or other);

The color or colors of the tower;

The location, type, and intensity of any lighting on the tower;

The property boundaries (a copy of a property survey must also be provided);

Proof of the applicant's authority to use the property. If the applicant owns the property it shall submit a copy of its deed. If the applicant does not own the property, it shall submit a letter signed by both the applicant and the landowner stating that an agreement is in effect between those parties, or a copy of the lease agreement with proof that the landowner has consented to such a submission;

The location of all structures on the property and all structures on any adjacent property within 50 feet of the property line, together with the distance of these structures to the tower;

[9]

Names and addresses of adjacent landowners;

[10]

The location, nature and extent of any proposed fencing, landscaping, or screening;

[11]

The location and nature of proposed utility easements and/or access roads, if applicable;

[12]

Building elevations of accessory structures or immediately adjacent buildings.

Before and after propagation studies prepared by a qualified radio frequency engineer demonstrating existing signal coverage contrasted with the proposed signal coverage resulting from the proposed telecommunications facility.

A search ring prepared by a qualified radio frequency engineer and overlaid on an appropriate background map demonstrating the area within which the telecommunications facility needs to be located in order to provide proper signal strength and coverage to the target area or cell. The applicant must be prepared to explain to the Board why it selected the proposed site, discuss the availability or lack of availability of a suitable location within the search ring which would have allowed for collocated antennas and to what extent the applicant explored locating the proposed tower in a more intensive use district. Correspondence with other telecommunications companies concerning collocation is part of this requirement.

The applicant must submit a copy of its policy regarding collocation of its proposed tower with other potential applicants. Such policy should allow collocations if new antennas and/or equipment do not or will not exceed structural loading requirements, interfere with tower space use, or pose any technical or radio frequency interference with existing equipment.

A report prepared by a New York State licensed professional engineer, which describes the tower's height and design, including a cross section of the structure; demonstrates the tower's compliance with applicable structural standards and describes the tower's capacity including the number and type of antennas it can accommodate. In the case of an antenna or antennas mounted on an existing structure, the report shall indicate the existing structure's suitability to accept the antenna and proposed method of affixing the antenna to the structure. Complete details of all fixtures and couplings and the precise point of attachment shall be indicated.

A written agreement by the applicant to remove the telecommunications facility if such facility becomes technically obsolete or ceases to be used for its originally intended purpose for 12 consecutive months.

(k)

Any applicant receiving a special use permit hereunder must, at the time of obtaining such permit, provide:

A financial security bond to the Town of Westfield, as assignee, in accordance with the requirements of § 185-43I(12)(b); and

Evidence that liability insurance is in effect that covers damages and other losses due to tower failure or other hazards related to the installation and use of said tower.

(l)

The Town Board reserves the right to request reasonable additional visual and aesthetic information it deems appropriate on a case-by-case basis. Such additional information may include, among other things, line-of-sight drawings and/or visual simulations.

(m)

The Town Board shall evaluate the application for a telecommunications tower special use permit in accordance with the criteria and requirements established under this subsection and all other applicable special use permit requirements under the Town Zoning Law. Any and all grants of a special use permit for a telecommunications facility under this subsection shall be nonassignable and nontransferable and shall not run with the land, notwithstanding anything in the general Zoning laws of the Town to the contrary.

(8)

Performance standards.

Compliance with federal requirements. The applicant must demonstrate in writing that the telecommunications facility will be operated only at FCC-designated frequencies or power levels and/or any applicable EPA technical exposure limits. The applicant further must provide written certification from a New York State-licensed professional engineer that the installation of the antenna, including reception and transmission functions, will not interfere with the radio or television service enjoyed by adjacent residential and nonresidential properties or with public safety telecommunications.

Antenna safety. Antennas shall be subject to state and federal regulations pertaining to nonionizing radiation and other health hazards related to such facilities. The owner shall submit evidence of compliance with the FCC standards on a yearly basis. If new, more restrictive, standards are adopted, the antennas shall be made to comply, or continued operations may be restricted by the Town Board. The cost of verification of compliance shall be borne by the owner and operator of the tower.

Tower lighting. Towers shall not be artificially lighted or marked except as required by the Federal Aviation Administration, the Town, or other applicable laws. If lighting is required, the lighting design must minimize disturbance to the surrounding view. The towers shall be of a nonreflective finish, and the color subject to Town approval unless otherwise required by the FAA. Any lighting which may be required by the FAA shall not consist of strobe lights, unless specifically mandated by the FAA.

Using any portion of a tower for signs other than for warning or equipment information is prohibited.

Tower height limitations. All applicants must demonstrate that the height of the proposed tower is the minimum necessary to meet the applicants' objectives and the standards and requirements of § 185-43I. The maximum height of a tower is limited to 250 feet above the ground upon which the tower is placed, unless the applicant demonstrates in writing that a higher tower is required to provide necessary coverage and will otherwise meet the standards of § 185-43I.

Tower building requirements.

The use of guyed towers is prohibited. Towers must be self-supporting without the use of wires, cables, beams or other means. The design shall utilize an open framework or monopole configuration. Permanent platforms or structures exclusive of antennas that increase off-site visibility are prohibited. The Town Board may require only a monopole tower if it determines that a monopole tower best meets the purpose and intent of this subsection.

The base of the tower shall occupy no more than 500 square feet and the top of the tower shall be no wider than the base.

Towers must be located on a parcel that meets the minimum lot size requirements for the zoning district in which the tower is to be located.

Minimum spacing between tower locations is 1/4 mile.

Access to towers. A road and parking area must be provided to assure adequate emergency and service access. Maximum uses of existing roads, public or private, shall be made.

Setbacks for towers.

Telecommunications towers shall be set back from the lot lines a distance at least equal to 120% of the height of the tower. Where an applicant proposes to locate a telecommunications tower at a location consisting of multiple adjacent lots owned or leased by the applicant, the term "lot line" shall mean the exterior boundaries of the applicant's owned or leased property which adjoin property not owned or leased by the applicant.

No telecommunications tower shall be located nearer than 300 feet or three times the height of the tower, whichever is greater, from a residential building, school, place of public worship or designated historic district or landmark.

Screening and security of towers and accessory structures.

Existing on-site vegetation shall be preserved to the maximum extent practicable.

The base of the tower and any accessory structures shall be landscaped.

Towers and auxiliary structures shall be surrounded by a fence or wall at least eight feet in height of a design approved by the Board so as to make intrusion difficult. Barbed wire is not to be used in a residential area or on public property unless specifically permitted by the Board. There shall be no permanent climbing pegs within 15 feet of the ground on any tower or facility.

A sign shall be conspicuously located near the base of the telecommunications tower that states that a danger exists and that no unauthorized access is permitted.

Design of antennas, towers and accessory structures. Towers and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color is dictated by federal or state authorities such as the Federal Aviation Administration. Every antenna and tower shall be of neutral colors that are harmonious with, and that blend with, the natural features, buildings and structures surrounding such antenna and structure; provided, however, that directional or panel antenna and omnidirectional or whip antennas located on the exterior of a building that will also serve as an antenna tower shall be of colors that match, and cause the antenna to blend with, the exterior of the building. Accessory structures will be designed to be architecturally compatible with principal structures on the site.

Other requirements and conditions.

The Town Board may impose such other reasonable requirements or conditions to ensure that the telecommunications facilities shall be located and buffered to the maximum extent practicable and technologically feasible to maximize compatibility with surrounding land uses and minimize any adverse aesthetic impact on neighboring residents.

The Town Board may further impose any other reasonable requirements or conditions to ensure that the public health, welfare and safety are protected.

(9)

Telecommunications facilities maintenance. All telecommunications facilities, both predating this subsection and otherwise, shall fulfill the requirements of this subsection. The Town Zoning Enforcement Officer and/or Building Inspector is empowered to enforce these regulations.

The sufficiency of the bond required by § 185-43I(7)(k) shall be reevaluated at least every five years by an analysis of the cost of removal and property restoration performed by a licensed New York State professional engineer, with the results to be communicated to the Town Board. If the bond amount in force is insufficient to cover the removal cost, it shall be immediately increased to cover such amount.

The owner and/or operator of the telecommunications facility shall have said facility inspected at least every two years for structural integrity by a New York State-licensed professional engineer and a copy of the inspection report submitted to the Town. If such report recommends that repairs or maintenance are to be conducted, the permittee shall provide to the Town Board a written schedule for the repairs or maintenance.

All telecommunications facilities shall be maintained in good order and repair, and all such work shall comply with all applicable code requirements of any governmental body issuing such rules and/or regulations.

Any additional antennas, reception or transmission devices or other similar receiving or transmitting devices proposed for attachment to an existing facility shall require review in accordance with this subsection. The intent of this requirement is to ensure the structural integrity, visual aesthetic and land use compatibility of communications towers upon which additional antennas, reception or transmission devices are to be installed.

No outside storage of vehicles, materials or waste shall be allowed except for the limited periods when the facility is undergoing construction, repair, or maintenance.

(10)

Exemptions.

Amateur ham radio tower meeting the following requirements:

A tower not to exceed 70 feet from ground level for noncommercial private use by a federally licensed amateur radio operator living on the same premises upon which the tower is proposed to be located. Said tower shall be set back from all property lines by a minimum distance equal to 35% of the tower height. The applicant shall submit such information or certifications to the Zoning Enforcement Officer as may be necessary for the Zoning Enforcement Officer to determine if the safety and welfare of the neighborhood properties is safeguarded. No lighting of signs shall be permitted on the tower.

No tower shall be located in the area between the front line of the house and the street.

Towers shall be maintained by the property owner and/or operator in a safe condition and good repair.

The tower shall be removed by the property owner within 90 days after expiration of the operator's license.

The applicant for the tower shall submit to the Zoning Enforcement Officer such information as shall be necessary to make any determinations.

Every antenna and tower shall be of neutral colors that are harmonious with and the blend with the natural features, buildings and structures surrounding the tower.

The Town Board shall have the right to waive or modify any provision of this § 185-43I for facilities whose total height above ground does not exceed 35 feet, or for good cause shown.

(11)

Cost of studies or reports. The cost of any engineering studies or reports required by this subsection or required by the Town Board shall be borne by the owner and/or operator of the tower. The Town Board may hire its own engineer/consultant to assist with the review of the application and such cost shall be borne by the applicant.

(12)

Removal of obsolete/unused facilities.

The applicant shall agree, in writing, to remove the tower or antennas if the telecommunications facility becomes obsolete or ceases to be used for its intended purpose for 12 consecutive months. Removal of such obsolete and/or unused towers shall take place after 12 months of cessation of use. Such agreement shall also include a commitment by the applicant to impose a similar obligation to remove any unused and/or obsolete tower or antennas upon any person subsequently securing rights to collocate on the tower or telecommunications facility.

Bond/security. The applicant shall be required to execute and file with the Town Clerk a bond or other form of security acceptable to the Town Board and Town Attorney as to form, content and manner of execution, in an amount sufficient to ensure the faithful performance of the terms and conditions of the permit or approval issued hereunder, for the observation of all Town local laws or ordinances, to cover the maintenance of the tower during its lifetime, and provide for the removal and restoration of the site subsequent to its removal.

The amount of the bond or security shall be no less than 125% of the cost of removal of the tower and restoration of the site pursuant to a written estimate prepared by a licensed New York State Engineer to the applicant. Such estimate shall be subject to approval of the Town Board and shall be reviewed and adjusted at five-year intervals.

In the event of default upon performance of such conditions or any of them, the bond or security shall be forfeited to Town of Westfield, which shall be entitled to maintain an action thereon. The bond or security shall remain in full force and effect until the removal of transmission tower, telecommunications tower, communications installation, freestanding tower, satellite dish, antenna, pole, accessory facility/structure, and site restoration.

The Town of Westfield, at its option, may cause the removal of any tower or antenna which violates any provisions of this subsection or which becomes unsafe or hazardous as determined by the Zoning Enforcement Officer or the Building Inspector of the Town of Westfield. Prior to said removal, the Town shall cause at least seven days' notice to be served by certified mail or personally or by any other method reasonably designed to give notice to the owner of the tower or antenna that a violation exists or that the telecommunications facility is unsafe or hazardous and that the Town intends to remove the tower or antenna and assess the entire cost against the property owner upon which the antenna or tower is located and/or upon the owner of the tower or antenna. The Town is authorized to petition the County Court or Supreme Court through a special proceeding to obtain an order of removal and to assess the entire cost thereof against the owner of the premises, which shall be assessed and collected in the same manner as a Town tax.

(13)

Penalties for offenses. This subsection is adopted pursuant to the zoning and planning powers granted to the Town of Westfield under the Town Law of the State of New York and other applicable law, rule, and regulation.

In the event of any violation of this subsection or any permit issued hereunder, the Town may seek enforcement by any legal or equitable remedy.

Any applicant upon receipt of a special use permit for telecommunications facilities that fails to comply with the requirements and/or conditions of that permit may have its permit revoked and ordered to remove the telecommunications facilities within 90 days of notification by the Town of such violation.

(14)

Miscellaneous.

In the event of any conflict or inconsistencies between this subsection and any other provision of the Town Zoning Law or other local law, ordinance, rule or regulation, the more restrictive requirement shall apply.

The procedural requirements for a special use permit for a telecommunications facility shall be as set forth in the Zoning Law for the Town of Westfield and the Town Law of the State of New York.

Any decision to deny a request for authorization to place, construct or modify a telecommunications facility shall be in writing and shall be supported by substantial evidence contained in a written record.

Wind energy conversion systems (commercial and noncommercial).

[Added 8-7-2002 by L.L. No. 2-2002]

Purpose. For the purpose of protecting the general public of the Town of Westfield and properties adjacent to wind energy conversion systems (WECS) from indiscriminate placement, related health and safety problems, etc., the following rules and regulations shall apply.

Definitions. See § 185-13.

Regulations. Noncommercial WECS shall be allowed by special use permit pursuant to Article XI in any district; commercial WECS shall be allowed by special use permit pursuant to Article XI in the Residential - Agricultural (R-A) District only. All WECS shall conform to the following regulations:

Application. An applicant for a special use permit for a WECS shall submit a site plan, as required by § 185-48B, which meets the requirements of § 185-48B. In addition, the following information shall be submitted and prepared by a professional engineer registered to practice in New York State:

A site plan drawn in sufficient detail to show the following:

Location of the tower(s) on the site and the tower height, including blades, rotor diameter and ground clearance.

Utility lines, both above and below ground, within a radius equal to the proposed tower height, including blades.

Property lot lines and the location and dimensions of all existing structures and uses on site within 300 feet of the system.

Surrounding land use and all structures within 500 feet of the WECS location.

[e]

Dimensional representation of the various structural components of the tower construction, including the base and footing.

[f]

Design data indicating the basis of design, including manufacturer's dimensional drawings and installation and operation instructions.

[g]

Certification by a registered professional engineer or manufacturer's certification that the tower design is sufficient to withstand wind-load requirements for structures as established by the New York State Uniform Fire Prevention and Building Code.

[h]

Evidence from a qualified individual that the site is feasible for a WECS.

A full environmental assessment form EAF and Visual EAF Addendum Form prepared in accordance with the State Environmental Quality Review Act.

Digital elevation model-based project visibility map showing the impact of topography upon visibility of the WECS from other locations, to a distance radius of three miles from the center of the WECS site. Scale used shall depict three-mile radius as no smaller than 2.7 inches, and the base map shall be a published topographic map showing cultural features.

No fewer than four and no more than the number of proposed individual wind turbines plus three color photos, no smaller than three inches by five inches, taken from locations within a three-mile radius from it and to be selected by the Planning Board, and computer-enhanced to simulate the appearance of the as-built aboveground facilities as they would appear from these locations.

An application for a noncommercial WECS is exempt from the requirements of Subsection J(3)(a)[1][a] through [h]; [2]; [3] and [4] hereof, but shall include a short EAF.

Access. Access to the tower shall be limited by means of a fence no lower than six feet high around the tower base with a locking portal and with a locking gate on fence or by limiting tower-climbing apparatus to no lower than 12 feet from the ground.

Setback. The minimum required setback for any WECS tower from property lines shall be equal to 1.5 times the proposed structure height, including blades. The minimum setback from overhead utility lines, dwellings, agricultural buildings, or other WECS shall be equal to 1.2 times the proposed structure height, including blades. These setback requirements may be waived where the applicant submits a signed waiver from the owner(s) of the neighboring property, overhead utility lines, or other structures in relation to which the applicant does not meet the setback requirements set forth above. Where an applicant proposes to locate one or more WECS on a site consisting of multiple contiguous parcels owned or leased by the applicant, the term "property lines" shall mean the exterior boundaries of the contiguous parcels, which adjoin parcels not owned or leased by the applicant.

[Amended 12-4-2002 by L.L. No. 7-2002]

Noise. WECS towers shall be properly maintained and operated at all times and shall be located with relation to property lines so that the noise produced during operation shall not exceed 50 dbA, measured at the boundaries of all of the closest parcels that are owned by non-site owners.

Electromagnetic interference. WECS generators and alternators shall be properly filtered and/or shielded in order to avoid electromagnetic interference and shall comply with the rules and regulations of the Federal Communications Commission contained in 47 CFR Parts 15 and 18.

Safety.

No WECS shall be permitted that lack an automatic braking governing, or feathering system to prevent uncontrolled rotation, overspeeding, and excessive pressure on the tower structure, rotor blades, and turbine components.

The minimum distance between the ground and any part of the rotor blade system shall be 30 feet.

Procedures acceptable to the Town Board for emergency shutdown of power generation units shall be established and posted prominently and permanently on at least one location on the road frontage of each individual unit.

Appropriate warning signs shall be posted. The type and placement of signs shall be determined on an individual basis as safety needs dictate.

The permittee shall meet all FAA requirements for lighting.

Transmission lines. All power transmission lines from the WECS to on-site substations shall be underground.

Height.

Noncommercial WECS shall not exceed a total height of 50 feet unless the parcel on which the WECS is to be located is 10 acres or larger, in which case the maximum total height may be 100 feet.

Commercial WECS shall not exceed a total height of 400 feet.

[Amended 12-4-2002 by L.L. No. 7-2002]

Liability insurance. Prior to the issuance of a building permit, the applicant shall provide the Town proof, in the form of a duplicate insurance policy or a certificate issued by an insurance company that liability insurance has been obtained to cover damage or injury which might result from the failure of the tower and/or the WECS or any part thereof and transmission facility. The Town Board, in consultation with the Town's insurer, may set the level of insurance required at whatever level it deems adequate.

Abatement.

If any WECS remains nonfunctional or inoperative for a continuous period of one year, the permittee shall remove the WECS at his expense. Removal of the system shall include removal of the entire structure, including foundations, transmission equipment, and fencing, from the property.

Bond/security. The special use permit shall require a permittee to execute and file with the Town Clerk a bond or other form of security acceptable to the Town Board and Town Attorney as to the form, content and manner of execution, in an amount sufficient to ensure the faithful performance of the removal of the tower and the restoration of the site subsequent to its removal. The amount of the bond or security shall be no less than 125% of the cost of the removal of the tower and restoration of the site.

If removal of towers and appurtenant facilities is required and the applicant, permit holder, or successors fails to remove the towers and appurtenant facilities from the property within 30 days from the date of notification by the Town Board, the Board may contract for such removal and pay for removal from the bond.

The owner of each WECS shall have it inspected at least every two years for structural and operational integrity by a New York State licensed professional engineer and shall submit a copy of the inspection report to the Town. If such report recommends that repairs or maintenance are to be conducted, the owner shall provide to the Town Board a written schedule for the repairs or maintenance.

A WECS shaft not begin its initial operation until inspections required by the Town of Westfield have been made and all necessary approvals have been given. After initial operations have begun, the Code Enforcement Officer or his designated representative shall have the right at any reasonable time to enter the premises on which a WECS has been placed to inspect any or all parts of said installation.

After conducting an inspection, the Code Enforcement Officer may order the owner of a WECS to render said WECS inoperative for reasons related to assuring safety of operations, abating noise or eliminating electromagnetic interference. The owner of the WECS shall not return the WECS to service until any and all of the reasons which caused the Code Enforcement Officer to issue the order to the owner to make said WECS inoperative have been corrected to the satisfaction of the Code Enforcement Officer.

Prior to allowing a WECS to resume operations, the Code Enforcement Officer may require the owner of the WECS to have an inspection made and a report issued by a professional engineer licensed in the State of New York certifying that the WECS and/or tower is safe.

Signs.

[Added 7-6-2003 by L.L. No. 1-2003; amended 5-1-2013 by L.L. No. 1-2013]

Purpose. The purpose of these regulations is to provide comprehensive time, place and manner restrictions on signage, including, but not limited to, controls on size, height, quantity, location, spacing, shape, lighting, motion, design and appearance, with the goal of promoting community aesthetics, traffic safety, economic development and the protection of property values within the Town of Westfield.

Superseding regulation. Persons wishing to erect signs should be aware that in many locations throughout the Town of Westfield certain state agencies, including the New York State Department of Transportation, New York State Thruway Authority, and Great Lakes National Scenic Byway, may have sign regulations in effect that are in addition to the local regulations that follow. It is possible for a sign to be permitted under the Town's sign law but not permitted under those other regulations. You are encouraged to research all of the laws and regulations that apply to your property in addition to those of the Town of Westfield.

Permit required. A sign permit is required for all signs, subject to the following standards and exemptions:

General advertising signs related to the permitted use of the premises are allowed, including secondary advertisement of products or services.

Brand-name-sponsored signs are permitted, provided that the brand name, logo, trademark (or the combination thereof) shall not exceed 25% of the square footage of the sign.

Signs shall be informative, shall enhance the rural character of the community, and shall be consistent with the Town of Westfield Comprehensive Plan, as it may be amended from time to time.

General sign standards. All signs, including outdoor advertising signs and exempt signs, shall comply with the following standards:

No part of a sign shall be placed higher than the highest point of the principal building to which it is accessory.

No sign shall project into a public right-of-way, be closer than five feet to any other property line, create a traffic hazard, be unduly distracting to motorists and pedestrians, or reduce the effectiveness of signs needed to direct the public.

No sign shall project on a public utility pole or traffic control structure.

Off-premises commercial signs, not exceeding six square feet, directing the public to specific establishments, shall be permitted subject to approval by the Planning Board.

Digital signs exceeding six square feet in size shall be subject to review under the alternative track permit approval process established herein.

Construction standards for all signs.

All signs, including wall-mounted and projecting signs, shall be securely anchored.

All signs, sign finishes, supports and electrical work shall be kept clean and painted and free from all hazards, such as but not limited to faulty wiring and loose supports, guys and anchors.

All projecting, freestanding or wall-mounted signs shall employ acceptable, safe materials.

All signs shall be painted and/or fabricated in accordance with generally accepted standards.

If the sign is lighted:

The light shall be designed to illuminate the sign only; and

If the source of illumination is external to the sign, it shall be directed so as to shield the light source from passing automobiles and adjacent properties; and

No sign shall be illuminated by any flashing, intermittent or moving lights or have any moving or animated parts.

Exempt signs. The following types of signs may be erected without a sign permit in any zoning district:

Historical markers, tablets and statues, memorial signs and plaques; names of buildings and dates of erection when cut into masonry surface or when constructed of bronze, stainless steel or similar material; and emblems installed by government agencies, religious or nonprofit organizations. Such signs shall not exceed six square feet.

Flags and insignia of any government, except when displayed in connection with commercial promotion.

Any sign placed by any governmental agency or in partnership with any governmental agency for public purposes, or any nonadvertising sign identifying underground utility lines.

On-premises directional signs for the convenience of the general public, identifying public parking areas, fire zones, entrances and exits and similar signs, internally illuminated or nonilluminated, not exceeding six square feet per face and six feet in height. Business names and personal names shall be allowed, excluding advertising messages.

Home occupation signs, not exceeding six square feet per face.

Farm signs, not exceeding 10 square feet per face.

Digital signs, not exceeding six square feet per face.

Nonilluminated warning, private drive, posted or no-trespassing signs, not exceeding two square feet per face.

Number and nameplate identifying residents and/or property addresses, not exceeding two square feet per face.

Private-owner merchandise sale signs for garage sales and auctions, no more than six per property, and none exceeding four square feet, for a period not to exceed seven days prior to the sale.

(k)

Temporary lighted or unlighted signs, erected by and for nonprofit organizations such as churches, service organizations, Boy Scouts, Girl Scouts, political organizations, or military reserve associates, which advertise suppers, banquets, benefits, fund-raising sales, and similar functions may be erected for a period of 20 days without a permit in any district prior to the event.

(l)

Temporary nonilluminated "For Sale," "For Rent," real estate signs and signs of similar nature, concerning premises upon which the sign is located. Such sign shall not exceed 24 square feet in area and shall be set back at least 10 feet from all property lines. All such signs shall be removed within three days after the sale, lease or rental of the premises or property.

(m)

Holiday decorations, including lighting, are exempt from the provisions of this chapter and may be displayed in any district without a permit.

(n)

Integral graphics or attached price signs on gasoline pumps at gasoline stations.

(o)

Directional signs for meetings, conventions and other assemblies.

(p)

One sign, not exceeding six square feet in area, listing the architect, engineer, contractor and/or owner, on premises where construction, renovation or repair is in progress.

(q)

Noncommercial speech signs, subject to the following conditions:

The maximum number of noncommercial speech signs per lot shall be two, excepting posted or preserve signs erected pursuant to the Environmental Conservation Law of the State of New York.

Such signs shall not exceed a total of 20 square feet in area for all signs on a single lot.

Freestanding noncommercial speech signs shall not exceed six feet in height above grade level.

Noncommercial speech signs shall not be illuminated, except indirectly.

(r)

Temporary political signs promoting the election of individuals to public office, provided they shall not be placed more than 30 days prior to, and shall be removed within seven days following, the election. Such signs shall not be embellished by balloons, streamers or other distractive adornments. Any such signs shall be placed on property with the permission of the owner.

(s)

Each commercial establishment shall be permitted to use temporary, portable signs intended to communicate with drivers on nearby roadways. These signs shall conform to the following standards:

The sign shall not block traffic and sight lines or create a safety hazard of any type.

The sign shall have no more than two faces, and each face shall have a sign area no larger than 10 square feet.

(t)

Temporary detour signs, during road or other construction projects that divert traffic away from a business, to direct customers to the business's location. Up to three off-premises signs per business shall be permitted, none to exceed 32 square feet, which may be placed anywhere in the Town of Westfield with landowner permission.

(8)

Sign area and height.

Window signs. Signs placed in windows shall not cover more than 25% of the window area.

Freestanding signs. Individual freestanding signs shall not exceed 60 square feet in area. Freestanding signs that are grouped together on one sign structure shall not exceed a cumulative total of 60 square feet per structure, and the individual components of such groupings shall be large enough to be read safely by passing motorists traveling at the speed limit.

Projecting signs. Projecting signs shall not exceed 12 square feet in area and shall not project more than four feet from the side of the building. The bottom of such signs shall be no lower than 10 feet and no higher than 15 feet above the finished grade.

Wall-mounted signs. Wall-mounted signs shall not exceed 32 square feet, extend more than one foot from the surface of the wall, cover more than 10% of the front surface of a building, cover a window, obscure architectural detailing, interrupt a roofline, or be placed on the roof of a structure.

Awning signs. The valance portion of an awning may be used as a sign, with a maximum of 12 square feet of sign area. The bottom of the awning shall be at least eight feet above the finished grade.

Sign area bonuses. To encourage design excellence, the maximum sizes for individual signs specified above may be increased if the proposed sign(s) comport with the Town of Westfield Sign Design Guidelines and the criteria below are satisfied. Sign bonuses shall not apply to exempt signs or to freestanding signs that exceed six feet in height. Although a separate increase is granted for compliance with each of the criteria and the total is cumulative, each percentage increase is based on the original sign size limitation. Maximum sign sizes shall be allowed to increase as follows:

Fifteen percent if the sign is designed to contain only the identification of the establishment without advertising any products sold on the premises.

Twenty percent if the sign is the only sign identifying the establishment or its principal product.

Twenty percent if the sign is not designed or used with illumination.

Thirty percent if the Planning Board finds that the sign has special aesthetic merit or that additional size is necessary or appropriate due to such circumstances as the sign's distance from the road, the design speed of the road, or the size of the building on which the sign is placed. In order to take advantage of this Subsection K(7)(f)[4], an applicant not otherwise subject to site plan or special permit review may file a site plan application with the Planning Board. The content and review of such application shall be limited to consideration of signs.

The total cumulative area of signs permitted on a single lot which will be attached to the building front shall not exceed an amount calculated at the rate of one square foot of sign area per linear foot of building front, plus one square foot of sign area for every four linear feet of setback of the principal building on the property.

Maximum area per sign. Notwithstanding any provision of this section to the contrary, no sign or grouping of signs shall be greater than 100 square feet in size.

(9)

Billboards. Billboards shall not be allowed in any districts (unless such signs preexist the enactment of this Subsection K), except under the following conditions:

Billboards must be located within 1,000 feet of the New York State Thruway's northern right-of-way between the Town's eastern boundary and New York State Route 394 or the New York State Thruway's southern right-of-way between the Town's western boundary and New York State Route 394.

Billboards must be in compliance with New York State Department of Transportation Highway Sign Program, the Federal Highway Beautification Act and the Federal Scenic Byway Program.

Billboards shall be a maximum of 600 square feet for each sign oriented towards the New York State Thruway and a maximum of 300 square feet for each sign oriented towards other primary highways.

Two billboards may be permitted on the same site location facing the same direction provided that they are immediately adjacent to each other and their total combined advertising area does not exceed the maximum allowable area for a single sign.

Billboards shall have a maximum height of 30 feet as measured from grade level to the top of the sign or any part of its structure.

Billboards shall be a minimum of 200 feet from the boundary line of any lot on which a residential dwelling unit is located.

(10)

Nonconforming signs. All signs which have been lawfully erected prior to the adoption of this Subsection K shall be deemed to be legal and lawful nonconforming signs and may be maintained subject to the following provisions:

Nonconforming signs may not be enlarged or increased in height.

Nonconforming signs which are enlarged or increased in height in violation of this section must be removed.

A nonconforming sign may not be relocated except when such relocation brings the sign into compliance with this section. Nonconforming signs which are relocated in violation of this section must be removed.

The sign face of a nonconforming sign may be altered if the sign face is not thereby enlarged beyond the maximum area allowed by this chapter.

If an applicant desires to replace a nonconforming sign with a conforming sign, any applicable permit fee otherwise provided for herein shall be waived.

(11)

Procedures for obtaining a sign permit.

Except as otherwise provided, no person shall erect, alter or relocate any sign without first obtaining a permit from the Code Enforcement Officer. Subsequent to this initial application, no permit shall be required for a sign to be repainted, repaired or have its message changed.

Application procedure. Applications shall be made to the Code Enforcement Officer on the form prescribed and provided by the Town of Westfield, accompanied by the required fee, and shall contain the following information:

Name, address and telephone number of:

Applicant;

Owner of the property; and

Contractor installing the sign.

Location of the building, structure or land upon which the sign now exists or is to be erected.

If a new sign is to be erected, elevation and plan drawings, to scale, shall be included. In addition, a full description of the placement and appearance of the proposed sign shall be included and shall cover the following:

Location on the premises; specifically, its position in relation to adjacent buildings, structures and property lines;

The method of illumination, if any, and the position of lighting or other extraneous devices;

Graphic design including symbols, letters, materials and colors; and

The visual message, text, copy or content of the sign.

Written consent, or a copy of the contract made with the owner of the property upon which the sign is to be erected, if the applicant is not the owner.

Permit.

Upon the filing of a completed application for a sign permit and the payment of the required fee, the Code Enforcement Officer shall examine the plans, specifications and other data submitted and the premises on which the sign is to be erected or now exists. If it shall appear that the sign is in compliance with all the requirements of this article, the Code Enforcement Officer shall then, within 15 days of receiving the application, issue a permit for the erection of the proposed sign or for alterations of an existing sign. The issuance of the permit shall not excuse the applicant from conforming to the other laws, rules and regulations of the Town of Westfield.

If the erection of the sign authorized under any such permit has not commenced within one year from the date of issuance, the permit shall become null and void but may be renewed within 30 days prior to the expiration, for good cause shown, for an additional one year, upon payment of half of the original fee.

Permit fee. Fees for the sign permits shall be fixed by the Town Board and listed in the fee schedule.

(12)

Removal of signs.

Signs advertising an establishment or institution that has permanently closed shall be removed within six months of such closure.

The Code Enforcement Official shall notify, in writing, the owner of any sign which no longer serves the purpose for which it was erected, or which poses a safety hazard to the public or is otherwise in violation of this section. The Code Enforcement Official shall order such owner to remove or correct the unsatisfactory condition of such sign within 20 days from the date of such notice.

Upon failure to comply with such notice within the prescribed time, the Code Enforcement Official is hereby authorized to secure, repair, remove, or cause the removal of such sign. All costs of securing, repairing, or removing such sign, including related legal fees and expenses, shall be assessed against the land on which the sign is located and shall be levied and collected in the same manner as provided in the Town Law for the levy and collection of a special ad valorem levy.

Where it reasonably appears that there is imminent danger to life, safety, or health or imminent damage to property unless a sign is immediately repaired, secured, or demolished and removed, the Town Board may, by resolution, authorize the Code Enforcement Official to immediately cause the repair, securing, or demolition of such unsafe sign. The expense of such remedial actions shall be a charge against the land on which the sign is located and shall be assessed, levied, and collected as provided in Subsection K(11)(c) above.

(13)

Relief from strict application. The Town of Westfield recognizes that no sign law can be expected to anticipate every creative signage plan that may be devised, which, though not in strict compliance with this Subsection K, nevertheless is not objectionable by reason of aesthetics or safety. Accordingly, the Planning Board is hereby empowered to grant relief to an applicant from the strict application of this Subsection K. Such relief shall be granted only where the applicant provides sufficient grounds for a finding that the proposed sign or signage plan comports as much as feasible with the spirit and letter of this Subsection K and, though not in strict compliance therewith, remains aesthetically pleasing, promotes traffic safety and protects property values within the Town of Westfield.

(14)

Sign design guidelines. The Town Board may adopt sign design guidelines developed specifically for the Town of Westfield or published for the general public or for another municipality. If such sign design guidelines are adopted, they shall be incorporated by reference into this chapter.

(15)

Alternative track permit approval. A person wishing to erect signage not in compliance with the sign standards set out above in Subsections K(5) and (7) may request permit approval for an alternate signage plan, provided that such plan meets the following standards:

It has no more than five signs, regardless of type;

The signage does not exceed 200 square feet in total;

No single sign exceeds 60 square feet;

All proposed signs follow the sign design guidelines adopted by the Town Board;

The application and signage plan are reviewed by the Planning Board to ensure compliance herewith.

Lakeshore regulations.

[Added 9-4-2002 by L.L. No. 5-2002]

Purpose. Due to the unique features associated with lakeshore properties and the need to protect views, the following regulations shall apply to parcels located in the Residential-Lakeside (R-L) District. In cases of conflict with other regulations, the most stringent shall apply.

Regulations.

Setbacks. No principal structures intended for inhabitation shall be permitted within 25 feet of the landward edge of the natural feature protection line as defined by the New York State Department of Environmental Conservation (NYSDEC) as part of the Coastal Erosion Management Program (CEMP).

Accessory buildings. Accessory buildings not utilized for inhabitation shall be allowed as permitted by § 185-20, when set back 25 feet or more from the landward edge of the natural feature protection line as defined by the NYSDEC as part of the CEMP. Accessory buildings less than 25 feet from the landward edge of the natural feature protection line as defined by the NYSDEC as part of the CEMP shall be allowed by special use permit in accordance with the provisions of Article XI, with special consideration given to the following:

Visibility from adjacent parcels.

Structure is sufficiently anchored to prevent movement due to wind, high waters, etc.

Breakwalls. Any modifications of a shoreline shall be in accordance with New York State Department of Environmental Conservation Regulations.

Fences. Any fence (except "safety fence," see definition[1]) proposed to be established within 25 feet of the landward edge of the natural feature protection line as defined by the NYSDEC as part of the CEMP shall be permitted by special use permit only, pursuant to Article XI, with special consideration given to the supplemental section on fences; and the following:

Visibility from adjacent parcels.

Height offense or wall.

Type offense or wall.

Materials used for fence or wall construction.

Editor's Note: See § 185-13.

Safety fence. Fencing used to provide a safety barrier from height hazards at the top of bluffs may be established by right when the following requirements are met:

Setback. Fence shall be set back at least 10 feet from receding edge of bluff.

Materials. Fence shall be not more than 20% solid (e.g., chain link, wire mesh).

Height. Fence shall not exceed six feet in height.

Preexisting fences. Owners of fences constructed prior to the effective date of this subsection that are greater than four feet in height shall apply for a special use permit pursuant to Article XI within one year from the effective date of this subsection. The review for which, based upon conditions of the Fence Law and this section, shall determine if there is a nuisance associated with the fence. If a nuisance exists, it shall be corrected within a reasonable time period as determined by the Town Board upon the recommendation of the Planning Board.

Adult uses.

[Added 6-7-2006 by L.L. No. 2-2006]

Purpose. The Town and Village of Westfield have conducted a joint study of the potential secondary effects posed by adult businesses. This study, along with other similar studies, has shown that buildings and establishments operated as adult uses pose secondary effects that are detrimental and harmful to the health, safety, morals and general welfare of a community. In order to promote the health, safety, morals and general welfare of the residents of the Town of Westfield, this subsection is intended to control those secondary effects of adult businesses by restricting adult uses to nonresidential areas of the Town and otherwise regulating their operation.

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

ADULT ESTABLISHMENT

A commercial establishment, including but not limited to an adult bookstore, adult eating or drinking establishment, adult theater, adult motel, adult massage establishment, nude model studio or other adult commercial establishment, or any combination thereof, as defined below:

ADULT BOOKSTORE:

A bookstore which has as a substantial portion (equal to or greater than 25%) of its stock-in-trade and/or floor area as hereinafter defined any one or more of the following:

Books, magazines, periodicals or other printed matter which is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or

Photographs, films, motion pictures, videocassettes, slides or other visual representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

For the purpose of determining whether a substantial portion (equal to or greater than 25%) of an establishment includes an adult bookstore, the following factors shall be considered:

The amount of floor area and cellar space accessible to customers and allocated to such uses; and

The amount of floor area and cellar space accessible to customers and allocated to such uses as compared to the total floor area and cellar space accessible to customers in the establishment.

For the purpose of determining whether a bookstore has a substantial portion (equal to or greater than 25%) of its stock in materials defined in Subsection (a)(1)[a] or [b] hereof, the following factors shall be considered:

The amount of stock accessible to customers as compared to the total stock accessible to customers in the establishment;

The amount of floor area and cellar space accessible to customers containing such stock; and

The amount of floor area and cellar space accessible to customers containing such stock as compared to the total floor area and cellar space accessible to customers in the establishment.

ADULT EATING OR DRINKING ESTABLISHMENTAn eating or drinking establishment which regularly features any one or more of the following:

Live performances which are characterized by an emphasis upon the depiction or description of specified anatomical areas or specified sexual activities; or

Films, motion pictures, videocassettes, slides or other visual representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and

Employees who, as part of their employment, regularly expose to patrons specified anatomical areas, and which is not customarily opened to the general public during such features because it excludes minors by reason of age.

ADULT THEATER:

A theater which regularly features one or more of the following: [a] Films, motion pictures, videocassettes, slides or other visual representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or [b] Live performances which are characterized by an emphasis upon the depiction or description of specified anatomical areas or specified sexual activities, and which is not customarily opened to the general public during such features because it excludes minors.

MASSAGE ESTABLISHMENTAny business where body rubs, body shampoos, massages or similar services are administered. This definition shall not include persons licensed or authorized pursuant to Article 155 of the Education Law, or specifically exempt from Article 155 of the Education Law (see Education Law § 7800 et seq.). This definition shall not be construed to include a hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath or duly licensed physical therapist or barbershops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders. This definition also shall exclude health clubs which have facilities for physical exercise, such as tennis courts, racquetball courts or exercise moms, and which do not receive their primary source of revenue through the administration of massages. Such establishments are not prohibited, provided they have a duly licensed or authorized person pursuant to Article 155 of the Education Law, or are specifically exempt from Article 155 of the Education Law.

SPECIFIED ANATOMICAL AREAS

NUDE MODEL STUDIOAny place where a person who appears in a state of nudity or who displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons present either immediately or by videoconference or similar electronic means who pay money or any form of consideration for such observation.

BUSINESS

Any commercial enterprise, association or arrangement for profit.

PERSON

A person, firm, partnership, corporation, association or legal representative, acting individually or jointly.

Less than completely and opaquely concealed human genitals, pubic region, human buttock, anus or female breast below a point immediately above the top of the areola; or

SPECIFIED SEXUAL ACTIVITIES

Human male genitals in a discernibly turgid state, even if completely and opaquely concealed.

For the purpose of defining adult establishments:

Human genitals in a state of sexual stimulation or arousal;

Actual or simulated acts of human masturbation, sexual intercourse, or sodomy; or

Fondling or other erotic touching of human genitals, pubic region, buttock, anus or female breast.

SUBSTANTIAL CONNECTION

In a sole proprietorship, an individual who owns, operates, controls or conducts, directly or indirectly, any premises, building or location upon which any adult use takes place.

In a partnership, limited or general, an individual who shares in any potential profits or losses of the business or who shares in the ownership of any of the assets of the partnership business.

In a corporation, an individual who is an officer, director or a holder, either directly, indirectly or beneficially, of more than 20% of any class of stock.

Any person who furnishes more than 20% of the capital financing or assets of such business, whether in cash, goods or services.

Restrictions affecting adult uses. In addition to the other requirements of this subsection and the Code of the Town of Westfield, adult uses shall be permitted, subject to the following restrictions:

No adult use shall be allowed within 1,000 feet of another existing adult use.

No adult use shall be located within 500 feet of the boundaries of any zoning district which is zoned for residential use.

No adult use shall be located within 500 feet of a preexisting school or place of worship, day-care center or playground.

No adult use shall be located in any zoning district except in the Manufacturing (M) District.

Registration. No person, firm, corporation or other entity shall lease, rent, maintain, operate, use or allow to be operated or used any business or establishment, any part of which contains an adult use, without first complying with the provisions of this subsection as follows:

In addition to any and all other necessary licenses and permits, no form of adult use shall be allowed to operate or be allowed to continue to operate until a certificate of registration is filed with the Clerk of the Town of Westfield, containing:

The address of the premises.

The name and address of the owner(s) of the premises and the name and address of the beneficial owner(s) if the property is in a land trust.

The name of the business or the establishment subject to the provisions of this subsection.

The names, business and home addresses and business or home phone numbers of all owners of the business or establishment subject to the provisions of this subsection.

The names, business and home addresses and business or home phone numbers of all those persons having a substantial connection with the business or establishment subject to the provisions of this subsection.

The date of the initiation of the adult use.

The exact nature of the adult use.

If the premises or the building in which the business containing the adult use is located is leased, a copy of the lease.

If there occurs any change in the information required for the certificate of registration, the Clerk of the Town of Westfield shall be notified of such change, and a new or amended certificate shall be filed within 30 days of such change.

The processing fee for each such certificate of registration or amendment thereto shall be $500.

A licensing fee in the amount of $500 per year shall be required of each and every business and/or establishment as defined under this subsection.

No certificate of registration issued under the provisions of this subsection shall be transferable to any person other than the registrant, nor shall a certificate of registration be transferable for use at any premises, building or location other than stated in the certificate of registration.

The owner or manager of any adult use shall cause a copy of the certificate of registration issued under the provisions of this subsection to be prominently displayed on the premises, building or location for which it is issued.

Any knowingly false statement or any statement which the registrant or applicant should reasonably have known to be false which is provided in the certificate of registration, license or any document or information supplied therewith shall be grounds for the rejection, suspension or revocation of the certificate of registration.

It is a violation of this chapter for the owner or person in control of any property to establish or operate thereon or to permit any person to establish or operate an adult use without having in force a certificate of registration and current valid license complying with this subsection.

The Village of Westfield Police Department and Town Code Enforcement Officer shall be authorized to inspect and enforce all provisions of this subsection.

Prohibition regarding public observation. No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any property not registered as an adult use. This provision shall apply to any display, decoration, sign, show window, screen or other opening.

Solar energy systems.

[Added 7-12-2017 by L.L. No. 2-2017; amended 8-4-2021 by L.L. No. 1-2021]

Purpose. This subsection is adopted to advance and protect the public health, safety, and welfare of the Town by creating regulations for the installation and use of solar energy generating systems and equipment, with the following objectives and intent:

To take advantage of a safe, abundant, renewable and nonpolluting energy resource;

To decrease the cost of electricity to the owners of residential and commercial properties, including single-family houses;

To invest in a locally generated source of energy to increase employment and business development in the Town of Westfield to the extent reasonably practical by furthering the installation of solar energy systems;

To provide other benefits to the Town and its residents to mitigate impacts from the solar project;

To mitigate the impacts of solar energy systems on environmental resources such as important agricultural lands, forests, wildlife and other protected resources. The use of small-scale, on- farm sources alternative to energy generation is beneficial to local farmers, allowing them the ability to cut utility costs and/or supplement their income;

To protect adjoining/surrounding property owners by mitigating the potential impacts from large-scale solar installations;

To aid in the energy independence of the community as well as the country;

To create zoning regulations in accordance with the Town's Comprehensive Plan and other regional planning documents.

BUILDING-INTEGRATED SOLAR ENERGY SYSTEM

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

A combination of solar panels and solar energy equipment integrated into any building envelope system, such as vertical facades, semitransparent skylight systems, roofing materials, or shading over windows, which produce electricity for on-site consumption.

DWELLING UNIT

Any residence/house/apartment that may be occupied or vacant.

FARMLAND OF STATEWIDE IMPORTANCE

Land, designated as "farmland of statewide importance" in the U.S. Department of Agriculture Natural Resources Conservation Service's (NRCS) Soil Survey Geographic (SSURGO) Database on Web Soil Survey, that is of statewide importance for the production of food, feed, fiber, forage, and oilseed crops as determined by the appropriate state agency or agencies. Farmland of statewide importance may include tracts of land that have been designated for agriculture by state law.

GLARE

The effect by reflections of light with intensity sufficient as determined in a commercially reasonable manner to cause annoyance, discomfort, or loss in visual performance and visibility in any material respects.

GROUND-MOUNTED SOLAR ENERGY SYSTEM

A solar energy system that is anchored to the ground via a pole or other mounting system, detached from any other structure that generates electricity for on-site or off-site consumption.

HOST COMMUNITY AGREEMENT

A contract between a developer and a local governing body, whereby the developer agrees to provide the community with certain benefits and mitigate specified impacts of the solar project.

NATIVE PERENNIAL VEGETATION

Native wildflowers, forbs, and grasses that serve as habitat, forage, and migratory way stations for pollinators and shall not include any prohibited or regulated invasive species as determined by the New York State Department of Environmental Conservation.

NONPARTICIPATING PROPERTY

A property that is not affiliated with a solar energy system project in any contractual manner.

PARCEL(S)

A tract of land owned by an individual or entity leased or otherwise controlled by an applicant upon which a solar energy system is proposed to be constructed.

PARTICIPATING PROPERTY

A property that is being leased for solar usage, or a property that has an agreement or lease but is not having solar-related improvements constructed upon it.

POLLINATOR

Bees, birds, bats, and other insects or wildlife that pollinate flowering plants, and includes both wild and managed insects.

PRIME FARMLAND

Land, designated as "prime farmland" or "prime farmland where drained" in the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS)'s Soil Survey Geographic (SSURGO) Database on Web Soil Survey, 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.

ROOF-MOUNTED SOLAR ENERGY SYSTEM

A solar energy system located on the roof of any legally permitted building or structure that produces electricity for on-site or off-site consumption.

SOLAR ACCESS

Space open to the sun and clear of overhangs or shade so as to permit the use of active and/or passive solar energy systems on individual properties.

SOLAR ENERGY EQUIPMENT

Electrical material, hardware, inverters, conduit, storage devices, or other electrical and photovoltaic equipment associated with the production of electricity.

SOLAR ENERGY SYSTEM

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 in the Town of Westfield is classified as a Tier I, Tier 2, Tier 3 or Tier 4 solar energy system as follows.

Tier 1 solar energy systems include the following:

Roof-mounted solar energy systems.

Building-integrated solar energy systems.

Tier 2 solar energy systems include ground-mounted solar energy systems less than 4,000 square feet in size (defined as the actual square footage of panels) and that generate no more than 110% of the electricity consumed on the site over the previous 12 months.

Tier 3 solar energy systems are systems that do not meet the definition of a Tier 1 or Tier 2 solar energy system and do not meet the requirements of a Tier 4 solar energy system.

Tier 4 solar energy systems meet the definition of a Tier 3 solar energy system but are over 25 acres in size (defined as the fenced-in area that encloses the panels and other related solar energy equipment).

SOLAR PANEL

A photovoltaic device capable of collecting and converting solar energy into electricity.

STORAGE BATTERY

A device that stores energy and makes it available in an electrical form.

WETLANDS

Any areas designated as such by the NYS Department of Environmental Conservation or the U.S. Army Corps of Engineers.

Applicability.

The requirements of this subsection shall apply to all solar energy systems permitted, installed, or modified in the Town after the effective date of this subsection, excluding general maintenance and repair.

Modifications to an existing solar energy system that increase the solar energy system area by more than 5% of the original area of the solar energy system (exclusive of moving any fencing) shall be subject to this subsection.

All solar energy systems shall be designed, erected, and installed in accordance with all applicable codes, regulations, and industry standards as referenced in the NYS Uniform Fire Prevention and Building Code ("Building Code"), the NYS Energy Conservation Code ("Energy Code"), and the Town Code.

All applicable substantive standards set forth herein are intended to apply to projects sited by the State Siting Board, the Office of Renewable Energy Siting, or any other government body of competent jurisdiction to provide siting approval for power plants within the Town of Westfield.

General requirements.

A building permit shall be required for installation of all solar energy systems.

Issuance of permits and approvals by the Town Board and Planning Board shall include review pursuant to the State Environmental Quality Review Act, ECL Article 8,[2] and its implementing regulations at 6 NYCRR Part 617 (SEQRA).

Editor's Note: See Environmental Conservation Law § 8-0101 et seq.

All permitted solar energy systems shall be installed by a qualified solar installer.

This section shall not apply to any lot owned by a municipality.

Permitting requirement for Tier 1 solar energy systems. Tier 1 solar energy systems shall be permitted in all zoning districts by right, subject to the following conditions:

Roof-mounted solar energy systems.

Roof-mounted solar energy systems shall incorporate, when feasible, the following design requirements:

Solar panels on pitched roofs shall be mounted with a maximum distance of eight inches between the roof surface the highest edge of the system.

Solar panels on pitched roofs shall be installed parallel to the roof surface on which they are mounted or attached.

Height. Tier 1 solar energy systems shall have the following height restrictions for all zoning districts: two feet above roof of highest existing structure, but shall not be higher than the allowed height in the underlying zoning district, unless a variance is received.

Solar panels on flat roofs shall not extend above the top of the surrounding parapet or more than 24 inches above the flat surface of the roof, whichever is higher.

Glare. All solar panels shall have antireflective coating(s) and proof of such must be provided with the building permit application.

Fire safety. All roof-mounted systems shall be designed and installed in accordance with the Uniform Fire Prevention and Building Code standards.

Roof access points. Roof access points shall be located:

In areas that establish access pathways which are independent of each other and as remote from each other as practicable so as to provide escape routes from all points along the roof.

In areas that do not require the placement of ground ladders over openings such as windows or doors or areas that may cause congestion or create other hazards.

At strong points of building construction, such as corners, pilasters, hips, and valleys and other areas capable of supporting the live load from emergency responders.

Where the roof access point does not conflict with overhead obstructions such as tree limbs, wires or signs.

[e]

Where the roof access point does not conflict with ground obstructions such as decks, fences or landscaping.

[f]

In areas that minimize roof tripping hazards such as vents, skylights, satellite dishes, antennas, or conduit runs.

Ground access areas. Ground access areas shall be located directly beneath access roofs and roof access points. The minimum width of the ground access area shall be the full width of the access roof or roof access point, measured at the eave. The minimum depth shall allow for the safe placement of ground ladders for gaining entry to the access roof.

Notification to the fire service. Notification, in writing, to the Fire Department having operational authority at the location where the system will be installed shall be made no later than 10 days following installation.

Notification shall include a site map showing the location of the solar energy electrical panel, as well as the proper operation of the disconnect switch(es) in the event of a fire or other emergency situation where the homeowner, tenant or other personnel is not available or familiar with the safe shutdown operation of unit so as to have the ability to cut power from the solar panels.

In addition, a proper written statement showing the method of shutdown shall be posted inside the main electrical panel of the unit which can be readily accessible for and to firefighting personnel.

Building-integrated solar energy systems. Building-integrated solar energy systems shall be shown on the plans submitted for the building permit application for the building containing the system.

Tier 1 solar energy systems are subject to the following conditions:

System	Height		Electrical Generation
System	Pitched Roof	Flat Roof	Electrical Generation
Tier 1 roof-mounted, building-mounted and building-integrated systems	All solar surfaces and equipment shall not exceed 12 inches from the finished roof surface in all residential districts; and 24 inches in the Commercial, Manufacturing, and Light Industrial Districts. Panels shall not extend higher than the highest point on the roof surface. Panels and equipment must be at least 18 inches from the roof edge. Panels must be installed parallel with the roof surface orientation.	Panels shall not extend above the top of the surrounding parapet or more than 24 inches above the flat surface of the roof, whichever is higher.	Limited to energy required for on-site use

Permitting requirements for Tier 2 solar energy systems. Tier 2 solar energy systems shall be permitted in all zoning districts as an accessory use and require a site plan review in accordance with the Town of Westfield Zoning Code and other Town land use regulations. The site plan review application shall include a site plan and address the following requirements:

Glare. All solar panels shall have antireflective coating(s) and proof of such must be provided with the building permit application.

Setbacks. Tier 2 solar energy systems shall be set back a minimum of 50 feet from any side or rear property line. All ground-mounted solar energy systems shall only be installed in the side or rear yards. In all cases, the solar panels shall be located a minimum of 75 feet from any dwelling unit on an adjoining nonparticipating property.

Height. Tier 2 solar energy systems shall be less than 12 feet in height.

Screening and visibility.

All Tier 2 solar energy systems shall have views minimized from adjacent properties to the extent reasonably practicable.

Solar energy equipment shall be located in a manner to reasonably avoid and/or minimize blockage of views from surrounding properties and shading of property to the north, while still providing adequate solar access.

Tier 1 solar energy systems are subject to the following conditions:

System	Minimum Lot Size	Maximum Area Coverage of solar panels	Setbacks	Height	Electrical Generation
Tier 2 ground-mounted solar energy systems			A minimum of 50 feet from any side or rear property line A minimum of 75 feet from any dwelling unit on an adjoining nonparticipating property	Less than 12 feet in all residential districts Less than 15 feet for all other districts

Permitting requirements for Tier 3 solar energy systems. Tier 3 solar energy systems are permitted through the issuance of a special use permit within the Residential-Agricultural District and subject to site plan review application requirements set forth in this subsection. In order to ensure that the benefits of the community solar energy resource are available to the entire community, the Town of Westfield requires the applicant to enter into a solar energy system PILOT and host community agreement with the Town of Westfield.

The application process for the installation of a Tier 3 solar energy system shall be:

Application received by the Code Enforcement Officer (CEO) and checked to make sure the appropriate documents have been submitted. The CEO will then refer the application to the Town Board, which will forward it to the Planning Board for it to make a final determination as to completeness of the application. Applicants shall be advised within 10 business days of the first Planning Board meeting about the completeness of their application or any deficiencies that must be addressed prior to substantive review of the special use permit and site plan.

Once the application is deemed complete and while the Planning Board is completing its reviews, the project/application shall be referred to the Town Board to begin completion of the host community agreement. This agreement will need to be finalized before the Town Board acts on the special use permit.

Subject to a public hearing to hear all comments for and against the application. The Town shall complete all public notice requirements in accordance with the special use requirements of the Town.

Referred to the Chautauqua County Planning Department by the Town Board pursuant to General Municipal Law § 239-m, if required.

Acted upon by the Planning Board to complete site plan review and make a report and recommendation to the Town Board.

Acted upon by the Town Board to completed the SEQR process determine whether a special use permit should be issued.

Design and application requirements. Applications for Tier 3 solar projects shall address and include the following:

Vehicular paths. Vehicular paths within the site shall be designed to minimize the extent of impervious materials and soil compaction.

Signage.

No signage or graphic content shall be displayed on the solar energy systems except the manufacturer's name, equipment specification information, safety information, and twenty-four-hour emergency contact information. Said information shall be depicted within an area no more than eight square feet.

As required by the National Electrical Code (NEC), disconnect and other emergency shutoff information shall be clearly displayed on a light reflective surface. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.

Glare. All solar panels shall have antireflective coating(s) and proof of such submitted.

Lighting. Lighting of the solar energy systems shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast (dark sky compliant) from abutting properties.

Noise. Information on any noise-producing equipment (as determined by the Town based on application materials) shall be submitted. If necessary, the Planning Board will require analysis of the noise on any sensitive receptors, including single-family homes.

Tree-cutting. Location of solar energy systems in wooded areas should be avoided. Removal of existing trees larger than six inches in diameter should be minimized. No more than 10% of a project or leased area shall be cleared of existing trees, excluding brush clearing.

Decommissioning.

Solar energy systems that have been abandoned and/or are not producing electricity (defined as operated at a minimum of 50% capacity for a period of at least six months) for a period of one year shall be removed at the owner and/or operator's expense, which at the owner's option may come from any security made with the Town as set forth in this subsection.

A decommissioning plan signed by the owner and/or operator of the solar energy system shall be submitted by the applicant, addressing the following:

[i]

The cost of removing the solar energy system (with no allowance for the recycling or salvage value).

[ii]

The time required to decommission and remove the solar system and any ancillary structures.

[iii]

The time required to repair any damage caused to the property by the installation and removal of the solar energy system.

[iv]

All calculations shall be verified by the engineer employed by the Town.

Security.

The deposit, executions, or filing with the Town Clerk of cash, bond, or other form of security reasonably acceptable to the Town Attorney and/or engineer and approved by the Town Board shall be in an amount sufficient to ensure the good faith performance of the terms and conditions of the permit issued pursuant hereto and to provide for the removal and restorations of the site subsequent to removal. The amount of the bond or security shall be 125% of the cost of removal of the Tier 3 solar energy system and restoration of the property with an escalator of 2% annually for the life of the solar energy system. The decommissioning amount shall not be reduced by the amount of the estimated salvage value of the solar energy system.

In the event of default upon performance of such conditions, after proper notice and expiration of any cure periods, the cash deposit, bond, or security shall be forfeited to the Town, which shall be entitled to maintain an action thereon. The cash deposit, bond, or security shall remain in full force and effect until restoration of the property as set forth in the decommissioning plan is completed.

In the event of default or abandonment of the solar energy system, the system shall be decommissioned as set forth in this subsection.

[9]

Application fees. All applications for Tier 3 solar energy systems shall include the appropriate fees as set by the Westfield Town Board. The applicant shall reimburse the Town for all legal and expert/engineering costs required to review applications, whether made to the Town of Westfield, the Office of Renewable Energy Siting (ORES), or the Board on Electric Generation Siting and the Environment (the "Siting Board").

[10]

Maintenance plan. Applications shall include a maintenance plan for all leased lands (including required setbacks/buffers). (Noxious weeds shall not be tolerated. Monthly mowing shall occur in the months of May, June, July, August, and September. Monthly debris removal from the fence line is required.)

[11]

Safety. Applications shall include a safety plan (including communication with emergency service providers).

[12]

Environmental and cultural resources: information on the environmental and cultural resources (as identified through the NYSDEC mapping system and by the Town of Westfield) on the subject property and surrounding properties.

[13]

A property owner who has installed, or intends to install, a solar energy system may choose to negotiate with other property owners in the vicinity for any necessary solar skyspace easements. The issuance of a special use permit by the Town does not constitute solar skyspace rights, and the Town shall not be responsible for ensuring impermissible obstruction to the solar skyspace as a result of uses or development performed in accordance with Town Code.

[14]

The applicant is responsible for remediation of dedicated roads damaged by the construction and maintenance of a Tier 3 or Tier 4 solar energy system. A public improvement bond or other financial security, the amount thereof to be approved by the Town Board and the bond approved by the Town Attorney as to form, sufficiency, and manner of execution, shall be posted as a condition of permitting.

(8)

Permitting requirements for Tier 4 solar energy systems. All Tier 4 solar energy systems are permitted through the issuance of a special use permit within the Residential-Agricultural District and subject to site plan and special use permit requirements set forth in this subsection for Tier 3 projects [all requirements in § 185-43N(7)]. In order to ensure that the benefits of the community solar energy resource are available to the entire community, the Town of Westfield shall require all Tier 4 applicants to enter into a solar energy system PILOT and host community agreement. These Tier 4 systems are very large systems that have a potential to significantly affect the Town of Westfield, its residents, and the economy of the community. Therefore, the Tier 4 systems shall require the following additional submittals, requirements, or revisions to the Tier 3 requirements:

An agricultural impact statement to determine the impact to agriculture in the Town. The Town of Westfield has a standard agricultural impact statement table of contents that will be provided to the applicant. The Planning Board, on a project-by-project basis, will work with the applicant on finalizing the requirements of this agricultural impact statement.

An economic impact analysis to determine the impact to the economy of the Town. This includes the agricultural impacts in the agricultural impact statement and information as noted by the Town Planning Board.

Any Tier 4 solar energy system located on lands that consist of prime farmland soils or farmland soils of statewide importance shall not exceed 50% of the area of prime farmland or farmland of statewide importance on the parcel or project site as a whole (if multiple parcels are included) upon which panels and other solar energy equipment (the fenced-in area) are to be installed. Any program in which the applicant participates that provides for the use of the land within the fenced-in area as farm-related uses may be excluded from this 50% coverage threshold calculation based on the amount of space actually occupied by the farm use. This exclusion will only be allowed based on the Planning Board's determination that these lands are being used for actual agricultural uses.

If the project proposes to affect more than 50% of these prime or statewide important soils, the applicant may purchase or lease (for the lease period of the proposed project) development rights, of an equal amount of land over the 50% threshold, of another farm within the Town of Westfield with prime or statewide important soils located on that land to offset the farmland used or leased in the primary project area. The purchase or lease of the development rights becomes perpetual or so long as project is viable and until fully decommissioned.

(9)

Site plan application. For any solar energy system requiring a special use permit, site plan approval shall be required. This required site plan application shall include a site plan and the following information:

A plan illustrating property lines and physical features, including roads, for the project site.

Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, and screening vegetation or structures.

A one- or three-line electrical diagram detailing the solar energy system layout, solar collector installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and over-current devices.

A preliminary equipment specification sheet that documents all proposed solar panels, significant components, mounting systems, and inverters that are to be installed. A final equipment specification sheet shall be submitted prior to the issuance of building permit.

Name, address, and contact information of proposed or potential system installer and the owner and/or operator of the solar energy system. Such information of the final system installer shall be submitted prior to the issuance of building permit.

Name, address, phone number, and signature of the project applicant, as well as all the property owners, demonstrating their consent to the application and the use of the property for the solar energy system.

Zoning district designation for the parcel(s) of land comprising the project site.

Property operation and maintenance plan. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing and trimming (or other methodologies).

Erosion and sediment control and stormwater management plans prepared to New York State Department of Environmental Conservation standards, if applicable, and to such standards as may be established by the Planning Board.

Engineering documents must be signed and sealed by a New York State (NYS) licensed professional engineer or NYS registered architect.

(k)

A completed SEQR full environmental assessment form.

(l)

A landscape plan in accordance with the special use permit requirements of this subsection.

(m)

A calculation of the area of the solar energy system in acres (as defined in the definition of "Tier 3 and Tier 4 systems").

(n)

For applications for Tier 4 systems, any off-site infrastructure, including transmission lines and points of grid interconnection (POI), shall be noted on-site plans and be included in review of the project. Any off-site POI should be subject to the same safety and visibility requirements as the balance of the project.

(o)

Any utility poles constructed as part of a solar project may be made available for co-location by other utilities.

(p)

Any such other additional information as may be required by the Planning Board, a Town professional engineer or consultant, the Westfield Town Board, the Town Attorney, the Town Code Enforcement Officer, or other Town entity.

(10)

Special use permit design standards.

Specific standards.

Lot size. There are no lot size requirements; the project must be shown to meet all setback and other requirements of this subsection.

Setbacks. All Tier 3 and Tier 4 solar energy systems shall be set back a minimum of 50 feet from the fence surrounding the solar panels and equipment to all property lines and to the edge of any road right-of-way. Additionally, the setback from the fence line shall be a minimum of 300 feet from the side or rear of a dwelling unit on an adjoining nonparticipating property. The setback to any off-site participating dwelling unit shall be 100 feet from the side or rear of the dwelling unit.

There shall be no setback requirements for contiguous participating parcels.

Height. Tier 3 solar energy systems shall be less than or equal to 20 feet. The height of systems will be measured from the highest natural grade below each solar panel. This height requirement can be waived by the Planning Board if the panels are being raised to accommodate agricultural purposes (e.g., grazing).

Fencing requirements. All mechanical equipment, including any structure for storage batteries, shall be enclosed by a fence, and meet any other regulatory requirements such as NEC, with a self-locking gate to prevent unauthorized access.

Screening and visibility.

Solar energy systems smaller than five acres shall have views minimized from adjacent properties to the extent reasonably practicable using architectural features, earthen berms, landscaping, or other screening methods that will harmonize with the character of the property and surrounding area.

[i]

Solar energy systems larger than five acres shall be required to:

[A]

Conduct a visual assessment of the visual impacts of the solar energy system on public roadways and adjacent properties. At a minimum, a line-of-sight profile analysis shall be provided. Depending upon the scope and potential significance of the visual impacts, additional impact analyses, including, for example, a digital viewshed report, may be required to be submitted by the applicant.

[B]

Submit a screening and landscaping plan to show adequate measures to screen through landscaping, grading, or other means so that views of solar panels and solar energy equipment shall be minimized as reasonably practical from public roadways and adjacent properties to the extent feasible. The Planning Board will in good faith determine the adequacy of these measures in its sole and absolute discretion.

[C]

The screening and landscaping plan shall specify the locations, elevations, height, plant species, and/or materials that will comprise the structures, landscaping, and/or grading used to screen and/or mitigate any adverse aesthetic effects of the system. The landscaped screening shall be comprised of a minimum of one evergreen tree, at least six feet high at time of planting, plus two supplemental shrubs at the reasonable discretion of the Town Planning Board, all planted within each 10 linear feet of the solar energy system Existing vegetation may be used to satisfy all or a portion of the required landscaped screening. A list of suitable evergreen tree and shrub species should be provided by the Town. This minimum screening requirement will be reduced if adjoining properties are participating properties. Review of survival of plantings will be required annually for three years.

[D]

For any buildings or structures (not panels) to be placed on the site, the applicant shall be required to submit plans illustrating how these structures will blend into the character of the area. For example, buildings can be made to look like agricultural structures such as barns.

Agricultural resources. For projects located on agricultural lands:

Any Tier 3 solar energy system located in areas that consist of prime farmland soils or farmland soils of statewide importance shall not exceed 50% of the area of prime farmland or farmland of statewide importance on the parcel upon which panels and other solar energy equipment (the fenced-in area) are to be installed. Any program in which the applicant participates that provides for the use of the land within the fenced-in area as farm-related uses may be excluded from this 50% coverage threshold calculation based on the amount of space actually occupied by the farm use. This exclusion will only be allowed based on a Planning Board's determination that these lands are being used for actual agricultural uses.

Tier 3 solar energy systems located on prime farmland shall be constructed in accordance with the construction requirements of the New York State Department of Agriculture and Markets. (See NYS agriculture and Markets guidelines.)

Tier 3 solar energy system owners shall develop, implement, and maintain native vegetation to the extent practicable pursuant to a vegetation management plan by providing native perennial vegetation and foraging habitat beneficial to game birds, songbirds, and pollinators. To the extent practicable, when establishing perennial vegetation and beneficial foraging habitat, the owners shall use native plant species and seed mixes. Once established, other agriculture uses such as pasturing livestock and apiculture are permissible and encouraged.

Agricultural restoration requirements. Once the system is decommissioned, the site shall be restored and remediated in accordance with the NYS Agriculture and Markets guidelines. (This will be a condition of the special use permit.)

Noise. The project shall be shown to not have any adverse noise impacts on any surrounding homes or other sensitive receptors (use of NYSDEC regulations concerning noise).

Hazardous materials. The project components shall not contain any hazardous materials that could contaminate soils or the air by their release (units shall not contain cadmium or other hazardous materials). Specific material data information/specifications (SDS/MSDS sheets) shall be submitted on all components of the project. The applicant must ensure that no harmful chemicals will be leaked into the soils over the life of the project. For certain components of the project, information on spill containment systems will need to be provided. This required information shall be reviewed by the Planning Board, their consultants and the Fire Department.

[9]

Solar energy system liability insurance.

The holder of a special use permit for a solar energy system shall agree to secure and maintain for the duration of the permit public liability insurance as follows:

[i]

Commercial general liability covering personal injuries, death and property damage: $5,000,000 per occurrence ($10,000,000 aggregate), which shall specifically include the Town of Westfield and its officers, councils, employees, attorneys, agents and consultants as additional named insured;

[ii]

Umbrella coverage: $10,000,000.

Insurance company. The insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the state and with at least a Best's rating of "A."

Insurance policy cancellation. The insurance policies shall contain an endorsement obligating the insurance company to furnish the Town of Westfield with at least 30 days' prior written notice in advance of cancellation.

Insurance policy renewal. Renewal or replacement policies shall be delivered to the Town of Westfield at least 15 days before the expiration of the insurance that such policies are to renew or replace.

[e]

Copies of insurance policy. No more than 15 days after the grant of the permit before construction is initiated, the permit holder shall deliver to the Town of Westfield a copy of each of the policies or certificates representing the insurance in the required amounts.

[f]

Certificate of insurance. A certificate of insurance states that it is for informational purposes only and does not confer sufficient rights upon the Town of Westfield shall not be deemed to comply with this subsection.

[g]

Certificate of insurance. A certificate of insurance that states that it is for informational purposes only and does not confer sufficient rights upon the Town of Westfield shall not be deemed to comply with this subsection.

[h]

Tier 3 and Tier 4 solar energy systems are subject to the following conditions:

System	Setback	Height	Lot Size	Fencing Requirement
Tier 3 and Tier 4 solar energy system	A minimum of 50 feet from the fence surrounding the solar panels and equipment to all property lines and to the edge of any road right-of-way Fence line — a minimum of 300 feet from the side or rear of a dwelling unit on an adjoining nonparticipating property Off-site participating dwelling unit 100 feet from the side or rear of the dwelling unit	Less than or equal to 20 feet	No requirement	All mechanical equipment shall be enclosed by a fence, meet any regulatory requirements such as NEC, and have a self-locking gate

(11)

Waiver relief. The Town Board recognizes that no regulation can anticipate every creative plan that may be devised, which, though not in strict compliance with the provisions of this subsection, nevertheless, is not objectionable. Accordingly, the Town Board is hereby empowered to grant relief to an applicant from the strict application of this subsection where the applicant provides sufficient grounds for a finding that the proposal comports as much as feasible with the spirit and letter of this subsection and, though not in strict compliance therewith, remains aesthetically pleasing, protects neighboring properties, and preserves property values within the Town of Westfield.

(12)

Reimbursement of fees.

An applicant shall reimburse the Town for any fee or expense incurred in hiring subject matter experts and attorneys to review whether a solar energy system proposed for siting pursuant to Article 10 of the New York Public Service Law or Article 94-c of the Executive Law complies with the substantive provision of this subsection.

The applicable fees for any review or permit required by this subsection shall be set from time to time by resolution of the Town Board.

An applicant for either state or local siting approval shall deliver to the Town Board, along with its application, if local approval is sought, or 180 days prior to the filing of an Article 10 or Article 94-c application, if applicable, an amount equal to 1% of the estimated cost of the project (the "initial deposit"). This sum shall be held by the Town in a non-interest-bearing account and shall be available to the Town to pay consultants and attorneys engaged by the Town to assist in its review of and preparation for an Article 10 or Article 94-c application. Should the Town be awarded intervenor funds, it shall switch to and deplete those funds before making further use of the initial deposit. Following the approval or denial of the state or local application, the Town shall return to the applicant any excess funds remaining in escrow. If the escrow account has been depleted prior to approval or denial of the application, the applicant shall deposit such funds necessary for the Town to pay any outstanding consulting fees.

(13)

Host community agreement. Prior to the issuance of a building permit for any Tier 3 or Tier 4 solar energy system, the applicant for such system shall enter into a host community agreement with the Town of Westfield, which shall:

Contractually obligate the applicant to comply with any terms and conditions of any special use permit approval of the Town Board;

Provide for payment by the applicant to the Town of an impact fee to be used and applied by the Town to pay for and/or offset the costs and impacts incurred by and/or arising due to the development and/or operation of the solar energy system. The amount of such impact fee shall be established by the Town Board by resolution adopted from time to time, based upon the amount of energy produced by the project and such other factors as the Board shall determine;

Provide for such other contractual requirements as may be necessary given the specific elements of a particular project; and

If the applicant and/or owner of the project shall enter into an agreement with the Chautauqua County Industrial Development Agency to provide for an abatement of real property taxes or other tax exemption or abatement, be cross-defaulted with the agreements between the applicant and/or owner and the Chautauqua County Industrial Development Agency.

(14)

Ownership changes. If the owner or operator of the solar energy system changes or the owner of the property changes, the special use permit shall remain in effect, provided that the successor owner or operator assumes, in writing, all of the obligations of the special use permit, site plan approval, and decommissioning plan. A new owner or operator of the solar energy system shall notify the Zoning Enforcement Officer of such change in ownership or operator within 30 days of the ownership change.

(15)

Safety.

Solar energy systems and solar energy equipment shall be certified under the applicable electrical and/or building codes as required.

Solar energy systems shall be maintained in good working order and in accordance with industry standards. Site access shall be maintained, including snow removal at a level acceptable to the local fire department and, if the Tier 3 solar energy system is located in an ambulance district, the local ambulance corps.

If storage batteries are included as part of the solar energy system, they shall meet the requirements of any applicable zoning code and fire prevention and building code when in use and, when no longer used, shall be disposed of in accordance with the laws and regulations of the Town and any applicable federal, state, or county laws or regulations.

(16)

Permit time frame and abandonment.

The special use permit and site plan approval for a solar energy system shall be valid for a period of 18 months, provided that construction has commenced. In the event construction is not completed in accordance with the final site plan as may have been amended and approved, as required by the Planning Board, within 18 months after approval, the applicant or the Town may extend the time to complete construction for 180 days. If the owner and/or operator fails to perform substantial construction after 24 months, the approvals shall expire.

Upon cessation of electricity generation of a solar energy system on a continuous basis for 12 months, the Town may notify and instruct the owner and/operator of the solar energy system to implement the decommissioning plan. The decommissioning plan must be completed within 360 days of notification.

If the owner and/or operator fails to comply with decommissioning upon any abandonment, the Town may, at its discretion, utilize the bond and/or security for the removal of the solar energy system and restoration of the site in accordance with the decommissioning plan.

(17)

Enforcement. Any violation of this subsection shall be subject to the same enforcement requirements, including the civil and criminal penalties, provided for in the zoning or land use regulations of the Town.

Campgrounds.

[Added 7-25-2022 by L.L. No. 2-2022]

Purpose. For the purpose of protecting properties adjacent to campgrounds from indiscriminate placement, unsightliness, noise, and related health and safety problems, etc., the following rules and standards shall apply.

Definitions. See § 185-13.

Regulations. Campgrounds shall be permitted by special use permit in the Residential-Agricultural and Residential-Lakeside Districts, provided that the following standards are observed:

The parcel on which a campground is located must be at least five acres in size.

All provisions of the Sanitary Code or such other regulations of the State Health Department pertaining to campgrounds shall be complied with.

The number of campsites shall not exceed one per 10,000 square feet of area within such grounds.

No campsite or camp structure shall be located within 100 feet of any highway and 100 feet of any other property line.