The supplemental regulations consider the unique
characteristics of each use and the potential impacts they may have
on the community and its residents. Said regulations are in addition
to the regulations of the underlying district.
[Amended 12-18-2017 by L.L. No. 5-2017; 6-6-2022 by L.L. No. 3-2022]
A.
All detached accessory uses and structures shall observe the applicable
front and side yard requirements applicable to principal buildings
in the district. The rear yard requirements for all detached accessory
uses and structures shall be the same as the applicable side yard
requirements for principal buildings in the district. Additionally,
in any case, the setback distance for an accessory storage structure
from the rear and side yard lot lines shall be equal to or greater
than the height of the accessory storage structure.
B.
There shall be no more than two accessory buildings per lot allowed
in any residential district.
C.
Notwithstanding any provision of the Town Code to the contrary, the following requirements are applicable to accessory storage structures in R1 districts that are required to obtain a building permit in accordance with § 125-5 of the Town Code:
(1)
The following aggregate floor area shall not be exceeded for
any accessory storage structure(s), regardless of how many structures
are proposed:
|
Zoning District
|
Maximum floor area (in square feet)
|
|---|---|
|
R1-A
|
1,700
|
|
R1-B
|
1,400
|
|
R1-C
|
1,200
|
|
R1-D
|
1,200
|
|
R1-E
|
800
|
(2)
No accessory storage structure shall exceed the following height
limitations:
|
Zoning District
|
Maximum height (in feet)
|
|---|---|
|
R1-A
|
21
|
|
R1-B
|
18
|
|
R1-C
|
18
|
|
R1-D
|
16
|
|
R1-E
|
16
|
D.
No accessory use or structure or riverside accessory use or structure shall be allowed unless a principal use or structure already exists on the lot. However, business accessory uses that otherwise comply with the requirements applicable to accessory structures and uses generally, as set forth in § 407-142A, B, and C shall be permitted on lots that are contiguous lots to the lot with a principal use or structure, provided the contiguous lots are part of a common operational scheme and receive site plan approval together.
E.
In the event the provisions as stated in this section cannot be strictly adhered to and an area variance is granted to an applicant pursuant to § 407-188, prior to obtaining a building permit, the applicant shall submit a drainage plan prepared in accordance with § 407-109A(16), subject to review and approval by the Town Engineer.
F.
A detached accessory structure constructed on a residential lot shall
have exterior finishes similar and use colors as close as practicable
to those of the existing principal structure.
G.
An accessory structure with exterior lighting on the building will
be required to install dark sky compliant light fixtures at a height
not to exceed 12 feet from the finished grade level.
A.
It has been acknowledged by communities across the
nation that state and local governments have a special concern in
regulating the operation of such businesses under their jurisdiction
to ensure that these adverse secondary effects will not contribute
to the blighting or downgrading of adjacent neighborhoods nor endanger
the well-being of the youth in their communities. The special regulations
deemed necessary to control the undesirable secondary effects arising
from these enterprises are set forth below.
B.
The primary purpose of these controls and regulations
is to preserve the integrity and character of residential neighborhoods
and important natural and human resources of the Town of Grand Island,
to deter the spread of blight and to protect minors from objectionable
characteristics of these adult uses by restricting their proximity
to houses of worship, schools, parks, historic and scenic resources,
civic and cultural facilities and residential areas.
C.
The operation of adult uses may have serious operational
characteristics and damaging effects upon their surroundings as a
result of their siting and concentration within the facilities. Special
regulations pertaining to these uses are necessary to ensure adverse
effects will not contribute to the blighting/downgrading of the surrounding
neighborhood. These regulations will help ensure that adverse effects
on the public health, safety, morals, comfort, convenience and general
welfare are mitigated.
D.
The development and proliferation of adult uses without
regulation as to siting and concentration may result in the deterioration
of residential and business neighborhoods. If placed near schools
and other youth-related facilities, adult uses may adversely impact
upon the welfare and morals of minors residing within the Town of
Grand Island.
(1)
Location of adult uses. The following provisions
shall apply to the location of adult uses:
(a)
Adult uses shall be permitted in the M-2 District
on approval of a special use permit.
(b)
No adult use shall be permitted within 750 feet
of the following:
[1]
The boundary line of a Residential District.
[2]
A school or nursery school.
[3]
Religious institution or house of worship.
[4]
A public or private park, playground or public
recreation facility; this distance shall be 300 feet for recreational
trails.
[5]
Historic or scenic resource, civic or cultural
facility.
(c)
For measurement purpose, the distance between
an adult use and any such other named uses shall be measured in a
straight line without regard to intervening structures or objects
from the closest structural wall of such adult use to the boundary
line of such residential district, school, nursery school, religious
institution, house of worship, public park, playground or public recreational
facility, historic or scenic resource, civic or cultural facility.
(d)
Not more than one adult use shall be located
in the same building or upon the same lot or parcel of land.
(e)
No adult use shall be located within a one-thousand-foot
radius of another adult use.
(f)
All building openings, including doors and windows,
shall be coated, covered or screened in such a manner as to prevent
a view into the establishment from any public street, sidewalk or
parking area.
(g)
No loudspeakers or sound equipment shall be
used by adult uses that can be heard by the public from outside the
establishment.
(h)
As a condition of approval of any adult use,
there shall be a restriction that no person under the age of 18 years
shall be permitted into or on the premises.
(2)
Additional sign requirements. In addition to the sign requirements of Town Code Chapter 295, the following provisions shall apply to signs erected or maintained in connection with an adult bookstore or an adult motion-picture theater:
(a)
No off-site signs shall be permitted.
(b)
Advertisements, displays or promotional materials
shall not be shown or exhibited so as to be visible to the public
from pedestrian sidewalks or walkways or from other areas public or
semipublic, and such displays shall be considered signs.
(c)
Not more than one business wall sign shall be
permitted for an adult use and such sign shall be permitted only on
the front facade.
(d)
Sign messages shall be generic in nature, shall
not contain advertising material and shall only identify the business
that is being conducted.
(e)
Such sign shall be reviewed by the Town Board
in conjunction with the special use application and shall conform
to all signage requirements of this Zoning Code.
(3)
Restrictions cumulative. The restrictions set
forth in this section are in addition to any other applicable provision
of this section. In the event of any conflict between any such provisions,
the more restrictive shall apply.
[Amended 10-15-2012 by L.L. No. 3-2012; 9-16-2015 by L.L. No. 8-2015]
The keeping for noncommercial purposes of up to 10 agricultural
animals may be permitted with an agricultural animal permit in the
R-1A District and with an agricultural animal special use permit in
R-1B and R-1C and R-1D Districts, provided that:
A.
The lot has a minimum width of 100 feet and a minimum lot area of
two acres for the first agricultural animal and additional area of
one acre for each additional agricultural animal.
B.
The barn, coop, or other animal housing structure, and any grazing
or feeding area, is to be located at least 200 feet from any neighboring
residence and at least 100 feet from the applicant's personal residence.
C.
The barn, coop, or other animal housing structure is to be located
at least 25 feet from any lot line. Manure and other waste or excretion
accumulation on such premises or in a structure shall not be kept
in an unsightly or unsanitary manner. The waste shall be properly
disposed of so as not to create odors that disturb occupants of adjoining
properties. Nothing in this provision shall authorize on-site disposal
of waste of any animals not resident on the zoning lot.
D.
Such uses shall be inspected no less than annually.
E.
Annual agricultural animal permits shall be issued by a Code Enforcement
Officer, or any officer designated by the Town Board, upon demonstration
that the property to be used meets the requirements of this section.
F.
Agricultural animal permits and agricultural animal special use permits
shall be issued for a period of one year and may be renewed annually.
If no animals are brought onto the property within one year of the
permit issuance, the permit will expire and a new permit, under the
then existing regulations, must be obtained.
G.
Upon receipt of an application for either a new agricultural animal
special use permit in R-1B and R-1C and R-1D Districts, or an increase
in the number of animals, adjoining property owners shall be notified
of the application and public hearing date.
[Added 10-4-2021 by L.L. No. 7-2021]
The keeping of domesticated chickens in R1-A through E residential
districts shall be allowed under the following terms and conditions:
A.
Before keeping any chickens, one must obtain a chicken permit from
the Town.
B.
Annual chicken permits shall be issued by a Code Enforcement Officer,
or any officer designated by the Town Board, upon demonstration that
the property to be used meets the requirements of this section. The
fee for such permit shall be determined by the Town Board.
C.
Chicken permits shall be issued for a period of one year and may
be renewed annually. If no animals are brought onto the property within
one year of the permit issuance, the permit will expire and a new
permit, under the then-existing regulations, must be obtained.
D.
A maximum of six chickens shall be allowed on lots 20,000 square
feet and smaller. For lots larger than 20,000 square feet, one additional
chicken shall be allowed for every additional 2,800 square feet in
excess of 20,000 square feet.[1] The maximum number of chickens allowed for any particular property shall be indicated on each chicken permit issued pursuant to this section. Any person who desires to keep any number of chickens that exceeds what is permitted under this section must petition the Town Board for approval of an agricultural animal special use permit in accordance with Article XXV of this chapter.
[1]
For reference purposes only, one acre equals 43,560 square
feet. So 20,000 square feet is slightly smaller than one half acre.
Lots this size and smaller are sufficiently sized to keep up to six
chickens. For larger lots, additional chickens are permitted at the
rate of one per 2,800 square feet after the first 20,000. This yields
approximately 14 chickens for the first full acre of property and
15.5 chickens for each full acre of property thereafter.
E.
There shall be no outside slaughtering of chickens.
F.
Chickens shall be restricted to the rear or backyard of any lot in
a residential district or the rear or backyard of a residential use
in all other zoning districts.
G.
Chickens shall be provided with sufficient, good, and wholesome food
and water. Feed shall be stored in rat-proof containers.
H.
All chickens shall have a coop/roost that is constructed with a minimum
area of three square feet per chicken and during daylight hours, chickens
shall have access to a secure enclosure/yard that is adequately fenced
to protect them from predators. The coop/roost shall be kept in the
rear yard and is not permitted in the side or front yard area. Chickens
are not allowed on property other than the owners without written
permission from that property owner.
I.
The coop/roost structure shall not be located closer than 25 feet
to any residential structure on an adjacent lot and shall meet the
principle building setbacks of the underlying zoning district.
J.
The coop/roost structure shall be well ventilated and provide protection
from the weather and predators. The coop/roost area must be kept in
a neat and sanitary condition at all times and must be cleaned on
a regular basis so as to prevent offensive odors, attraction of flies
or vermin, the creation of an environment otherwise injurious to the
public health and safety, or that would obstruct the free use of property
so as to interfere with the comfortable enjoyment of life or property
by members of the neighborhood, Town, or other persons. The owner
shall provide for the storage and removal of manure. Stored manure
to be used for composting shall be fully covered or placed in an enclosed
container. All manure not used for composting or fertilizing shall
be removed and properly disposed.
K.
Illegal chickens currently existing in the Town shall not be "grandfathered"
or permitted to remain after the effective date of this section. Property
owners keeping chickens illegally are required to secure a proper
permit in accordance with this section.
L.
The Town may further restrict or prohibit the keeping of chickens
within residential districts, within a neighborhood, or on a particular
property if the Town Board determines that the chickens have created
a public nuisance or public health issue.
M.
For any person holding a chicken permit for the keeping of chickens
pursuant to this section, inspections may be carried out at the discretion
of the Code Enforcement Office or designee, or upon complaint by the
public or Town officials where appropriate, and in accordance with
applicable law.
Agricultural uses:
A.
Shall
be conducted on a minimum three-acre lot,
B.
Shall
not store any material or substance of any kind which causes or is
likely to cause offensive or noxious odors less than 100 feet from
any lot line or 200 feet from any neighboring residence, and
C.
Shall
not create a nuisance by reason of dust, fumes, smoke, odor, insects,
rodents or otherwise adversely affect the public health or safety.
Facilities included in this section include
any dock, pier, ramp or berth for vessels, or boathouse, or a boat
hoist which is located in or attached to a residentially zoned upland
or shoreline area.
A.
Boathouses and docking facilities in residential districts
shall be limited to those required to accommodate a maximum of three
boats, which may include power-operated boats and nonpower craft such
as rowboats, sailboats and canoes. Such facilities shall be limited
to 16 feet or one story in height from mean high water level.
[Amended 5-17-2010 by L.L. No. 5-2010]
B.
Such boathouses and docking facilities shall not be
used for commercial or income purposes.
C.
Where a riverside lot cannot, due to space limitations,
accommodate a principal use as well as riverside accessory uses and
structures such as a boathouse or dock, and the property of the owner
of the riverside lot is separated from it by a public or private roadway,
a variance may be granted allowing the use of the riverside lot for
use for riverside accessory uses, notwithstanding the absence of a
principal use on the riverside lot, where there is a residential principal
use in place on the adjoining lot owned by the same owner(s). Such
variance shall only be granted upon the condition that the riverside
lot not be sold separately from the property of the owner of the riverside
lot, and confirmed by the filing of a restrictive covenant.
Cemeteries shall comply with the following:
A.
Buildings or structures shall conform to the height
requirements for principal structures in the district in which they
are located.
B.
All buildings and structures shall be located at least
100 feet from each lot line, and there shall be a minimum of 100 feet
between each building or structure, except that a private burial chamber,
private chapel, private mausoleum or private vault for an individual
family may be erected, provided that the height of chamber, chapel,
crypt, mausoleum or vault does not exceed 15 feet and it is not located
less than 50 feet from a lot line, and there are a minimum 25 feet
between structures.
C.
No grave markers or monuments shall be closer than
25 feet to a lot line.
D.
Maximum percentage of land coverage by buildings or
structures shall be 5%.
E.
Except for private chapels or mausoleums, no chapel
or mausoleum shall be erected on a lot of less than 50 acres.
F.
Any buildings and structures on land adjacent to residential
property shall be screened with vegetation.
G.
No building or structure shall exceed 5,000 square
feet in total area nor 100 feet in length.
H.
Minimum size of any cemetery is 10 acres.
Transmission towers shall be allowed in the
M-1 District as a special use. All radio and television transmission
towers and other structures used for similar purposes shall comply
with the following requirements:
A.
The minimum land area shall not be less than 15 acres.
B.
All towers above 35 feet shall not be less than the
height of the tower from the nearest property line.
C.
The base of the tower shall be enclosed by a fence
of not less than six feet in height. In addition, the guy wires should
be fenced to a height of six feet above ground or otherwise suitably
guarded.
D.
Height restrictions for the districts shall not apply
to transmission towers but shall apply to all buildings and other
accessory structures used for storage, electronic equipment and studios.
E.
All plant material on the site shall be kept and maintained
in its original and natural condition, except for the necessary removal
of plant materials that are a hindrance to the construction of principal
and accessory structures and access thereto. The site may also be
subject to the general landscaping requirements of this code.
A commercial riding stable, which may include
a riding school, shall consist of no less than five acres, with no
less than one acre per horse; not including parking areas, and no
more than 50 horses shall be boarded at one time. All lands used to
meet this requirement for commercial riding stables shall be under
single ownership, and shall meet the following requirements:
A.
The barn or any stabling facility and grazing area
is located at least 200 feet from any neighboring residence and at
least 100 feet from the applicant's personal residence.
B.
The barn or any stabling facility is located at least
25 feet from any lot line.
C.
Manure and other water or excretion accumulation on
such premises or in a structure shall not be kept in an unsightly
or unsanitary manner. The waste shall be properly disposed of so as
not to create odors that disturb occupants of adjoining properties.
Nothing in this provision shall authorize on-site disposal of waste
of any animals not resident on the zoning lot.
This includes essential public services, in
enclosed or permanent structures, except telecommunications facilities.
Such uses shall not be allowed in residential districts unless no
area less intrusive of the zoning is available. When in residential
districts, such uses shall be subject to the following regulations:
A.
All facilities shall be located underground when possible.
Where above ground, landscaping regulations of this code shall apply.
B.
Such facility shall not be located on a residential
street, unless no other site is available, and shall be so located
as to draw a minimum of vehicular traffic to and through such streets.
C.
The location, design and operation of such facility
shall not adversely affect the character of the surrounding residential
area.
D.
Adequate fences, barriers and other safety devices
shall be provided and shall be landscaped in accordance with the provisions
in this article.
Within the triangle formed by two intersecting
street line rights-of-way and line joining points on such street lines
30 feet from the intersection, no fence, wall, hedge, or dense foliage
shall be erected, planted, or maintained so as to block the area between
the heights of three feet and 10 feet high.
In all districts, no permanent structure shall
be permitted within the setbacks from the ten-year flood stage edge
of any stream or existing natural drainage channel, established on
the Town Official Map, as such may be amended, except as authorized
in writing by the Town Engineer.
A.
Plans for the erection or structural alteration of
drive-in establishments shall be submitted for site plan approval
to the Planning Board for recommendation and Town Board for approval.
B.
The Planning Board may recommend and the Town Board
approve such changes therein in relation to yards, driveways, driveway
entrances and exits and the location and height of buildings, and
enclosures as it may deem best suited to ensure safety, to minimize
traffic hazards or difficulties and to safeguard adjacent properties.
C.
Drive-in business facilities shall not be located
closer than 200 feet to an R District.
D.
The Town Board shall not approve a site plan for a
drive-in business in the Town Center District which disrupts the flow
of pedestrian and automotive traffic in the district. In all districts,
the Town Board may require drive-in facilities to be placed in the
rear or side yards, or in parking lots.
A.
Slope of yards.
(1)
No building containing dwelling units shall
be constructed or altered so as to contain dwelling units unless the
surface grade of the front yard at the front wall of the building
is either:
(a)
A minimum of 24 inches above the top of curb, measured at the midpoint
between the side lot lines, and/or in compliance with the filed grading
plan for the subdivision; or
(b)
Where a curb grade has not been established, not less than one-foot
above the center line of the street, measured at the midpoint between
the side lot lines of the lot.
(2)
Where there is an unusual difficulty in meeting
this standard, the Town Engineer may accept a substitute gradient,
provided that no negative gradient is established within 15 feet of
the front wall or within six feet of either side of the rear wall
of the dwelling.
The Town Board may require fences, vegetation
or other appropriate material in nonresidential districts where they
abut residential districts to assure privacy for adjacent land uses
with visual, noise or air quality considered. The following shall
apply to all fences and walls within the Town:
A.
The height of all fences or walls shall be measured
from the average finished grade of the lot.
B.
No fence or wall in a residential district shall exceed
seven feet in height.
C.
A fence of 12 feet shall be allowed to enclose a tennis
court.
D.
Within a nonindustrial district, no fence or wall,
other than a necessary retaining wall, over three feet in height shall
extend into the required minimum front yard of any lot.
E.
All solid fences shall be installed so that the better
side shall face outward; and all bracing shall be on the inside of
the fence.
F.
All outside storage which is required to be fenced
under provisions of this code, shall be surrounded by opaque fencing,
including chain link fencing with solid slats, except that where all
or a portion of the fence is not visible from adjoining properties
or public areas, the Town Board may, as part of the site plan approval,
allow the use of nonopaque fencing for the visible areas.
G.
Notwithstanding any other provision of this section,
fences shall comply with the corner visibility requirements of this
article.
H.
Fencing may be limited in the Town Center District
to comply with pedestrian access and open space requirements.
Junkyards, dumps and solid waste management
disposal facilities are prohibited in the Town of Grand Island.
Boats shall not be stored within any required
minimum front or side yards. Boats may be stored in parking spaces
outside of such required yards during the off-season (October 1 to
May 1) as long as specifically authorized by the Town Board as part
of an approved site plan.
A.
The following shall apply in addition to all other
regulations of the Town. No mobile home shall be parked and/or occupied
in any district outside an approved mobile home park for more than
48 hours except upon a temporary special use permit issued by the
Town Board. Such permit shall be issued for a period not to exceed
30 calendar days and shall not be renewable within the same calendar
year.
B.
All mobile homes used as offices or referred to as
"mobile offices" shall be prohibited in the Town. This shall not include
construction field offices required on site for specific projects
completed. These field offices, however, shall not be brought on site
until a valid building permit is issued or earlier than 10 days before
the start of construction, and shall be removed from the construction
site within seven days of project completion.
Any portion of a lot, with the exception of
one and two-family homes, 1) used for open off-street parking and/or
2) pursuant to an approved site plan, consisting of reserved space
for open sales, service or storage areas for motor vehicles, recreation
equipment or boats shall be deemed to be a motor vehicle use area.
No building, fuel dispenser, motor vehicle or any other equipment
or storage shall be closer than 25 feet to a residential district,
nor 20 feet to a street line. New motor vehicle use areas or alterations
of existing motor vehicle use areas shall be subject to the following
requirements:
A.
Surfacing. Every motor vehicle use area and access
driveway shall be paved, including parking lots, except that contractor's
storage yards, mine hauling roads, and similar areas as approved by
the Town Board through site plan review may be stone. Such areas shall
be so graded and drained as to dispose of surface water accumulations.
B.
Lighting. Any fixture used to illuminate any motor
vehicle use area shall be arranged so as to direct the light away
from the street and from adjoining lots in any residential district.
C.
Screening. Every motor vehicle use area, except off-street
parking areas for less than five vehicles, shall be screened from
any adjoining lot in any residential district by a landscaped buffer
at least five feet in width. Such buffer shall be landscaped and maintained
by the owner.
D.
Access. No entrance or exit to a motor vehicle use
area shall be permitted within 30 feet of any intersecting street
lines, and except for permitted residential off-street parking areas
in the residential districts, no entrance or exit shall be permitted
within 10 feet of a lot in an residential district.
E.
Restriction. No motor vehicle use area shall be used
for auto wrecking or for storage of wrecked, partially dismantled
or equipment, or motor vehicles which do not qualify for New York
State motor vehicle registration, except for police and private impound
areas approved by the Town Board in the site plan process.
A.
All motor vehicle service stations and repair shops
shall be so arranged and all gasoline dispensers shall be so placed
as to require all servicing on the premises and outside the public
way; no gasoline dispenser shall be placed closer to any side property
line than 50 feet.
B.
No inoperative motor vehicles shall be kept on the
premises of motor vehicle service stations and repair shops for longer
than 30 days unless enclosed or fenced in an area not visible from
off the property.
C.
All waste material will be stored within a structure
or enclosed within fencing so as not to be visible from off the property.
D.
Motor vehicle service stations and repair shops do not include truck
stop/travel plazas. In addition to the definition of truck stop/travel
plaza in this Code, any motor vehicle service station more than five
acres in total size, on one or more adjacent parcels, is a truck stop/travel
plaza. Truck stops/travel plazas are not permitted in the Town of
Grand Island.
[Added 4-2-2018 by L.L.
No. 1-2018]
Except within 50 feet of a property line of a lot zoned for
a residential use, retail merchandise may be displayed outdoors during
business hours, provided the following criteria are complied with:
Outdoor seating is allowed subject to site plan
approval for purposes of public safety. Applications for site plan
modifications solely to add outdoor seating need only submit a plan
showing the proposed seating and the area of the premises to be used,
as well as showing any impacts on traffic flow, and that adequate
provisions for pedestrian flow in the area have been made.
Outdoor storage of merchandise, material, or equipment is permitted
in business and manufacturing districts if:
A.
The outdoor storage is incidental to a use located
on the premises.
B.
The storage area does not exceed:
C.
The storage area is screened in accordance with this
code except for automobile and recreational vehicle sales, and boat
sales and storage uses. Landscaped, permanent berms may be used in
place of fences for screening.
No trash or solid waste shall be stored outdoors
except in dumpsters. Dumpsters shall be surrounded on three sides
by solid fencing or walls at least as high as the top of the dumpster.
Satellite television receiving antennas are
allowed in any zoning district as an accessory use to any principal
use provided:
A.
In all zoning districts, except residential districts,
the roof-mounted satellite television receiving antenna can be no
more than 10 feet in diameter and must be accompanied by drawings
stamped by a licensed engineer indicating wind load imposed, roof
structure design or redesign of roof structure to carry added wind/weight
load;
B.
In residential districts, ground-mounted satellite
antennas are allowed in rear yards and shall not be greater than 12
feet in height. Its perimeter shall adhere to all setback requirements
set forth in this code;
C.
In residential districts, rooftop-mounted satellite
antennas larger than six feet shall be prohibited; and
D.
Ground-mounted systems in business and industrial
districts shall be screened with appropriate fencing or landscaping
indicated in this code.
[Added 2-6-2017 by L.L.
No. 1-2017; amended 7-6-2020 by L.L. No. 11-2020; 10-18-2021 by L.L. No.
9-2021]
A.
Authority.
(1)
This section is adopted pursuant to New York State Municipal Home Rule § 10(ii)(a)(12) which authorizes the Town of Grand Island to adopt and amend local laws that are not inconsistent with the State Constitution nor general law and that are related to the government, protection, order, conduct, safety, health, and well-being of persons or property of the Town. This section is also adopted pursuant to the Town's general power to enact local laws relating to the government, protection, order, conduct, safety, health, and well-being of persons or property within a municipality granted directly to local governments by the people of the State of New York through Article IX, §§ 1(a), 2(c), and 3(c) of the New York State Constitution. The law is also adopted pursuant to the supersession authority granted by New York Municipal Home Rule Law, § 10, Subdivision (1)(ii)(d)(3) as well as New York Town Law §§ 261-263.
B.
Statement
of purpose.
(1)
This section is adopted to advance and protect the public health,
safety, and welfare of Town of Grand Island by creating comprehensive
regulations for the installation and use of solar energy generating
systems and equipment, with the following objectives:
(a)
To promote the accommodation of appropriately sited solar energy
systems and equipment;
(b)
To maintain the unique island character of the Town of Grand
Island;
(c)
To preserve Grand Island's natural resources including open
space containing parks, wetlands, wildlife management areas, woodlots,
and shoreline;
(d)
To recognize the importance of environmental sustainability;
(e)
To encourage renewable energy systems at an appropriate scale
and density to decrease local utility loads and minimize carbon emissions;
(f)
To mitigate the impacts of solar energy systems on environmental
resources such as important agricultural lands, forests, waterbodies,
wildlife, and other protected resources; and
(g)
To minimize to the extent practicable the potential impact on
members of the community when solar collectors may be installed near
their property, while preserving the rights of property owners to
install appropriately sited solar energy systems.
C.
BATTERY(IES)
(1)
(2)
(3)
(4)
(5)
BATTERY ENERGY STORAGE SYSTEM
(1)
(2)
(3)
BUILDING-INTEGRATED SOLAR ENERGY SYSTEM
FACILITY AREA
FARMLAND OF STATEWIDE IMPORTANCE
GLARE
GLINT
GROUND-MOUNTED SOLAR ENERGY SYSTEM
NATIVE PERENNIAL VEGETATION
POLLINATOR
PRIME FARMLAND
ROOF-MOUNTED SOLAR ENERGY SYSTEM
SENSITIVE VISUAL RECEPTOR
SOLAR ACCESS
SOLAR ENERGY EQUIPMENT
SOLAR ENERGY SYSTEM
(1)
(2)
(3)
(4)
SOLAR PANEL
STORAGE BATTERY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A single cell or a group of cells connected together electrically
in series, in parallel, or a combination of both, which can charge,
discharge, and store energy electrochemically. For the purposes of
this section, batteries utilized in consumer products are excluded
from these requirements.
FLOW BATTERYA storage battery that stores and generates an electrical current by ion exchange through a membrane separating liquid electrolytes.
LEAD ACID BATTERYA storage battery that is comprised of lead electrodes immersed in sulfuric acid electrolyte, including vented (flooded) or valve regulated lead acid (VRLA) batteries.
LITHIUM-ION (Li-ion) BATTERYA storage battery in which an electrical current is generated by lithium ions embedded in a carbon graphite or nickel metal-oxide substrate placed in a high-viscosity carbonate mixture or gelled polymer electrolyte.
NICKEL CADMIUM (Ni-Cd) BATTERYAn alkaline storage battery in which the positive active material is nickel oxide, the negative active material contains cadmium, and the electrolyte is potassium hydroxide.
NICKEL METAL HYDRIDE (NiMH) BATTERYAn alkaline storage battery in which the positive active material is nickel oxide, the negative active material is a hydrogen absorbing alloy, and the electrolyte is potassium hydroxide.
One or more devices, assembled together, capable of storing
energy in order to supply electrical energy at a future time, not
to include a stand-alone 12-volt car batter or an electric motor vehicle.
SMALL BATTERY ENERGY STORAGE SYSTEMBattery energy storage systems for one- to two-family residential dwellings within or outside the structure with an aggregate energy capacity less than or equal to:
MEDIUM BATTERY ENERGY STORAGE SYSTEMBattery energy storage systems with aggregated rated energy capacity:
LARGE BATTERY ENERGY STORAGE SYSTEMBattery energy storage systems that have an aggregate energy capacity greater than 500 kWh for lead acid, Ni-Cd, NiMH, and flow batteries, and greater than 250 kw for Li-ion batteries.
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.
All of the area within any fence surrounding a solar energy
system, as well as the area covered by and between all facility components,
including, but not limited to, access roads, transmission lines, and
support buildings.
Land, designated as "farmland of statewide importance" in
the U.S. Department of Agriculture Natural Resources Conservation
Service (NRCS)'s 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.
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.
A momentary flash of light that may be produced as a direct
reflection of the sun on a solar collection 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.
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.
Bees, birds, bats, and other insects or wildlife that pollinate
flowering plants, and includes both wild and managed insects.
Land, designated as "prime farmland" 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.
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.
Any person, business, or institution likely to be adversely
impacted by the visibility of a solar energy system. Sensitive visual
receptors may include, but are not limited to, certain businesses,
campgrounds, churches, medical facilities, people with pre-existing
medical conditions, and others.
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.
Electrical material, hardware, inverters, conduit, storage
devices, or other electrical and photovoltaic equipment associated
with the production of electricity.
A system of components intended for the collection, inversion,
storage, and/or distribution of solar energy and that directly or
indirectly generates thermal, chemical, electrical, or other usable
energy. A solar energy system consists of, but is not limited to,
solar collectors, mounting devices or structures, generators/turbines,
water and energy storage and distribution systems, battery energy
storage systems, storage, maintenance and/or other accessory buildings,
inverters, fans, combiner boxes, meters, transformers, and all other
mechanical structures. A solar energy system is classified as a Tier
1, Tier 2, or Tier 3, or Tier 4 solar energy system as follows:
Tier 2 solar energy systems include ground-mounted solar energy
systems with a facility area of up to 5,000 square feet and that generate
up to 110% of the electricity consumed on the site over the previous
12 months.
Tier 3 solar energy systems are systems not included in the
definition of Tier 1, Tier 2, or Tier 4 solar energy systems, and
include, but are not limited to, all community solar projects. The
facility area of Tier 3 solar energy systems shall not exceed 30 acres
in size or five mw in nameplate capacity.
Tier 4 solar energy systems include any solar energy system
with a facility area greater than 30 acres in size. Tier 4 solar energy
systems are prohibited in all zoning districts.
A photovoltaic device capable of collecting and converting
solar energy into electricity.
A device that stores energy and makes it available in an
electrical form.
D.
Applicability.
(1)
The requirements of this section shall apply to all solar energy
systems permitted, installed, or modified in the Town of Grand Island
after the effective date of this section, excluding general maintenance
and repair.
(2)
Solar energy systems in receipt of a building permit, constructed,
or installed prior to the effective date of this section shall not
be required to meet the requirements of this section unless otherwise
stated herein.
(3)
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 section.
(4)
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.
(5)
Any proposed solar energy system subject to review by the New
York Board on Electric Generation and Siting and the Environment pursuant
to Article 10 of the New York State Public Service Law, or the Office
of Renewable Energy Siting pursuant to Article 94-c of the Executive
Law, or any other government body with jurisdiction over siting approval
for solar energy systems, shall be subject to all substantive provisions
of this section and any other applicable laws, codes, and regulations
of the Town of Grand Island, New York; and any other applicable State
or Federal laws.
E.
Requirements for all solar energy systems.
(1)
A building permit shall be required for installation of all
solar energy systems.
(2)
Issuance of permits and approvals by the Town Board shall be
subject to review pursuant to the State Environmental Quality Review
Act ECL Article 8 and its implementing regulations at 6 NYCRR Part
617 ("SEQRA").
(3)
Siting of solar installations shall conform to the Town of Grand
Island Comprehensive Plan.
(4)
All solar panels shall have anti-reflective coating(s) not identified
as a hazardous material by the EPA, unless an applicant demonstrates
the hazardous material is unlikely to cause harm to people, plants,
or animals when released by spilling, leaking, pumping, pouring, emitting,
emptying, discharging, injecting, escaping, leaching, dumping, or
disposing into the environment. The applicant shall adhere to all
federal and state laws, regulations, and guidelines regarding PFAS
and polytetrafluoroethylene (PTFE) films. All solar energy systems
shall be designed, erected, and installed so as to prevent undue glare
from falling on adjoining properties or creating traffic safety issues.
(5)
No chemical herbicides shall be used to manage vegetation in
and around facility components unless such chemical herbicides are
used to preserve native pollinator vegetation or vegetation providing
visual impact screening.
(6)
The use of any pesticides is prohibited in the operation and
construction of Tier 3 solar energy systems.
(7)
On-site storage restrictions: Storage of out of service (less
than three months) or damaged panels on site is prohibited.
(8)
FCC Class B emissions: Panels shall be installed with proper
grounding to prevent FCC Class B emissions to prevent radio frequency
interferences.
F.
Permitting requirements for Tier 1 solar energy systems.
(1)
All Tier 1 solar energy systems shall be permitted in all zoning
districts and shall be exempt from site plan review under the local
zoning law or other land use regulation, subject to the following
conditions for each type of solar energy systems:
(2)
Roof-mounted solar energy systems.
(a)
Roof-mounted solar energy systems shall incorporate, the following
design requirements:
[1]
The distance between the roof and highest edge
of the system shall be in accordance with the New York State Uniform
Fire Prevention and Building Code.
(b)
Glare: All solar panels shall have anti-reflective coating(s)
subject to the limitations of this section.
(c)
Height: All roof-mounted solar energy systems shall be subject
to the maximum height regulations specified for principal and accessory
buildings within the underlying zoning district.
(3)
Building-integrated solar energy systems shall be shown on the
plans submitted for the building permit application for the building
containing the system.
G.
Permitting requirements for Tier 2 solar energy systems.
(1)
All Tier 2 solar energy systems shall be permitted in all zoning
districts as accessory structures and shall require a site plan review
under the local zoning law subject to the following conditions:
(2)
Glare: All solar panels shall have anti-reflective coating(s)
subject to the limitations set forth in this section.
(3)
Setbacks: Tier 2 solar energy systems shall be subject to the
setback regulations specified for the accessory structures within
the underlying zoning district. All ground-mounted solar energy systems
shall only be installed in rear or side yards in residential districts
and shall not unreasonably encroach upon neighboring parcels through
introduction of shade, nuisance noise, or other nuisance conditions.
(4)
Height: Tier 2 solar energy systems shall be subject to the
height limitations specified for accessory structures within the underlying
zoning district.
(5)
Screening and visibility:
(a)
All Tier 2 solar energy systems shall have views minimized from
adjacent properties.
(b)
Solar energy equipment shall be located in a manner to reasonably
avoid and/or minimize blockage of views from surrounding properties
and shading adjacent properties.
(c)
If side or rear yard installations are visible from adjacent
properties, a landscape buffer and visual screening shall be installed.
(6)
Lot size: Tier 2 solar energy systems shall comply with the
existing lot size requirement specified for accessory structures within
the underlying zoning district.
H.
Permitting and substantive requirements for Tier 3 and Tier 4 solar
energy systems.
(1)
Tier 3 solar energy systems are permitted within B-1, M-1, M-2,
R1-A, R1-B, R1-C, and R1-D Districts with a special use permit approved
by the Town of Grand Island Town Board, after reviewing recommendations
from the Planning Board, and subject to site plan application requirements
set forth in the Grand Island Zoning law, and the physical limitations
on area and other substantive requirements set forth in this section
and related appendices. Tier 3 solar energy systems are a prohibited
use in all other zoning districts. Applications for the installation
of Tier 3 solar energy systems shall be subject to the following procedures
and substantive requirements. In the event a body of competent jurisdiction
waives the use prohibition on Tier 4 solar energy systems, the substantive
standards applicable to Tier 3 solar energy systems set forth in this
section shall apply to any Tier 4 solar energy systems for which the
use prohibition is waived.
(2)
Applications for a special use permit shall be subject to a
public hearing to hear all comments for and against the application.
The applicant shall have a notice printed in a newspaper of general
circulation in the Town at least five days in advance of such hearing.
Applicants shall have delivered the notice by first class mail to
adjoining landowners or landowners within 500 feet of the property
at least 10 days prior to such a hearing. Proof of publication and
mailing shall be provided to the Town Board at the public hearing.
(3)
Lot coverage: The facility area shall not exceed 60% of the
total area of any tax parcel or lot. This coverage limit may be further
reduced by the Town Board if it determines a lower coverage limit
is necessary to accommodate environmental, aesthetic, or health and
safety concerns.
(5)
Setbacks. The minimum setback from the fence line of any facility
shall be:
(a)
Side and rear yard setbacks: 50 feet from all adjacent property
lines farther than 400 feet from the road, and 200 feet from all adjacent
property lines within 400 feet of the road;
(b)
A setback of 100 feet from all adjacent DEC wetlands, creeks,
and streams;
(c)
A setback of 500 feet from any inhabited residence, or residential
primary structure, or sensitive visual receptor, on adjoining lots;
(d)
A minimum setback of 400 feet from any public road (from center
of road);
(e)
A minimum setback of 500 feet from all property lines bordering
any school, park, or other public place that may be adversely impacted
by the solar energy system.
(6)
Minimization of environmental impacts. Development and operation
of solar energy systems shall not have a significant adverse impact
on fish, wildlife, or plant species or their critical habitats, or
other significant habitats identified by the Town of Grand Island
or other federal or state regulatory agencies. Lands which have the
highest ecological values as evidenced by large, contiguous areas
of forest, undisturbed drainage areas, federal or NYSDEC state recognized
wetlands, or NYSDEC identified critical habitats or rare plants and
animal populations shall be avoided.
(7)
Vehicular paths. Vehicular paths and emergency access ways within
the site shall be capable of bearing the weight of emergency vehicles
and sufficiently wide to permit access to emergency vehicles such
as fire trucks and ambulances so that emergency vehicles may pass
each other without leaving the road. Applicants, their successors,
and assigns shall be responsible for keeping all access roads clear
and passable by emergency equipment at all times. Roadways within
the site shall not be constructed of impervious materials and shall
be designed to minimize the extent of roadways constructed and soil
compaction.
(8)
Signage.
(a)
A sign, not to exceed eight square feet, shall be displayed
on or near the main access point and shall list the facility name,
owner, and phone number.
(b)
A clearly visible warning sign concerning voltage must be placed
at the base of all pad-mounted transformers and substations, not to
exceed four square feet.
(c)
As required by National Electric Code (NEC), disconnect and
other emergency shut-off 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. Multiple remote shut-off locations will be installed
to the extent technically feasible and shall be accessible by first
responders.
(9)
Development of Tier 3 solar energy systems in and around the
Grand Island Town Center (North, Central and Southern Business Districts)
is incompatible with existing community character and future plans
for community development and shall be avoided.
(10)
Transmission lines. All on-site utility and transmission lines
shall, to the extent feasible, be placed underground.
(11)
Access. Major systems or solar farms shall not obstruct solar
access to adjacent properties.
(12)
Deforestation discouraged. Removal of trees and other existing
vegetation shall be limited to the extent necessary for the construction
and maintenance of the solar facility. Removal of existing trees larger
than six inches in diameter at breast height (DBH) is prohibited to
the extent possible. A tree inventory of all trees larger than six
inches in diameter must be submitted with any application to the Town
for a special use permit. Previously cleared or disturbed areas are
preferred locations for solar panel arrays. The clearing of additional
lands to accommodate a proposed utility-scale solar energy system
may be permitted, provided the percentage of newly cleared land on
any parcel does not exceed 10% of the existing woodlands on that parcel.
(13)
Glare. All solar panels shall have anti-reflective coating(s)
subject to the limitations of the section and shall minimize reflective
glare and/or glint toward any inhabited buildings on adjacent properties
and roads.
(14)
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 from abutting properties
with full cutoff and should not encroach outside of the fenced perimeter.
(15)
Screening, visual impact, and vegetation management.
(a)
Applications shall include a screening and landscaping plan
drafted and endorsed by a licensed landscape architect, and shall
consist of:
[1]
A visual impact assessment (VIA) of the solar energy
system on public roadways and adjacent properties. At a minimum, the
VIA must include:
[a]
A line-of-sight profile analysis.
[b]
Photographic simulations of the facility area showing
visual conditions after installation of the solar energy system.
[c]
A landscaping and screening plan including images
of the screening from each compass directional (and/or additional
views, if requested by any Board) shown at time expected intervals
of:
[d]
The screening plan and site plan must be submitted
for review by the Conservation Advisory Board (CAB), and CAB shall
provide recommendations, as appropriate.
[e]
Depending upon the scope and potential significance
of the visual impacts, additional impact analyses, including additional
digital rendering and/or viewshed report, may be required by the reviewing
board.
(b)
Visual impact mitigation requirements include, but are not limited
to:
[1]
Screening of a permanent nature that will appropriately
screen sightlines of the proposed solar energy system so as to significantly
diminish site lines from all adjacent property.
[2]
The screening and landscaping plan shall minimize
visual impact on public roadways and adjacent properties, as reasonably
practical, through use of adequate screening measures such as landscaping,
grading, berms, or other means.
[3]
Visual screening is required for all facility components
within 1,000 feet of any road or residence.
[4]
The Tier 3 solar energy system shall be completely screened from any adjacent property, subject to the limitations set forth in § 296-8O(2)(b). To accomplish this screening, existing vegetation shall be utilized to the fullest extent practicable, or an applicant may install at least two rows of native evergreen shrubs or other screening acceptable to the Town Board, which is capable of forming a continuous visual barrier that will meet or exceed the panel height at two years after planting. The solar energy system owner shall be responsible for maintaining and replacing the vegetative visual barrier until decommissioning for the project is complete in accordance with this section. The minimum screening requirement may be waived if the Town Board determines that some other suitable on-site vegetation already exists to achieve complete screening.
[5]
Native vegetation should be used 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. These plantings
shall cover the ground area throughout the solar panel fenced in area.
[6]
Existing vegetation on site may be used to satisfy
all or a portion of the required landscaped screening.
(16)
Blasting. Any and all types of blasting is prohibited at all
stages of the project.
(17)
Noise. Once in operation, sound pressure level at the exterior
of any residence or nonparticipating property line, expressed in terms
of dBA Leq-8hr, shall not exceed existing background ambient noise,
expressed in dBA Leq-8hr as measured by a qualified acoustician, by
more than 6dB.
(18)
Height. The maximum height for freestanding solar panels located
on the ground or attached to a framework located on the ground shall
not exceed 14 feet above grade in height above the ground in Tier
3 solar energy systems.
(19)
Fencing requirements. All mechanical equipment, including any
structure for storage batteries, shall be enclosed by a seven-foot-high
fence, as required by NEC, with a self-locking gate to prevent unauthorized
access.
(a)
Chain-link fencing around Tier 3 solar energy systems shall
be visually screened wherever visible from roads, residences, or visually
sensitive resources, at the discretion of the Town Board. Other types
of fencing surrounding Tier 3 solar energy systems may require visual
screening at the discretion of the Town Board.
(b)
The use of barbed wire, razor wire, or electric fencing around
solar energy facilities in prohibited unless expressly required pursuant
to state or federal law.
(c)
There must be six-inch gaps at the bottom of all fences to allow
for wildlife passage unless such gap is demonstrated to pose a risk
to the health and safety of the community. Alternatively, a fence
designed specifically to permit small animals will be allowed.
(20)
Agricultural resources. For projects located on agricultural
lands:
(a)
Any Tier 3 solar energy system located on the areas that consist
of prime farmland or farmland of statewide importance shall not exceed
50% of the area of prime farmland of statewide importance on the parcel.
Tier 3 solar energy systems on prime farmland or farmland of statewide
importance shall be required to seed 20% of the total surface area
of all solar panels on the lot with native perennial vegetation designed
to attract pollinators.
(b)
To the maximum extent practicable, 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.
(c)
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.
(d)
Solar energy systems shall not occupy more than 10% of all farmland
of statewide importance located in the Town of Grand Island as classified
by the United States Department of Agriculture, New York State, or
the Natural Resources Conservation Service.
(21)
Decommissioning.
(a)
Permit time frame and abandonment:
[1]
The special use permit and site plan approval for
a solar energy system shall be valid for a period of 12 months, provided
that a building permit is issued for construction and construction
has commenced.
[2]
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 Town Board within 12 months after approval, the applicant
or the Town of Grand Island 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.
[3]
Solar energy systems that have been abandoned and/or
not producing electricity 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 benefitting the Town of Grand Island as
set forth in this section.
[4]
If the owner and/or operator fails to comply with
decommissioning upon any abandonment, the Town of Grand Island may,
at its discretion, utilize the letter of credit for the removal of
the solar energy system and restoration of the site in accordance
with the decommissioning plan.
(b)
A decommissioning plan (see Appendix A[1]) signed by the owner and/or operator of the solar energy
system shall be submitted by the applicant, addressing the following:
[1]
The projected cost of removing the solar energy
system if decommissioning is required during the first five years
after construction is complete, as determined by a qualified and independent
third-party assessor or other consultant agreeable to both the facility
owner and the Town.
[2]
The time required to decommission and remove the
solar energy system and any ancillary structures.
[3]
The time required to repair any damage caused to
the property by the installation and removal of the solar energy system.
[1]
Editor's Note: Appendix A is included as an attachment at
the end of this chapter.
(c)
Security.
[1]
The deposit, execution, or filing with the Town
Clerk of cash or a letter of credit shall be in an amount sufficient
to ensure the good faith performance of the terms and conditions of
the state or local permit and provide for the removal and restorations
of the site subsequent to removal. The amount of the letter of credit
or cash escrow payment shall be 125% of the cost of removal of the
Tier 3 solar energy system and restoration of the property in accordance
with any state or local permit conditions, with an escalator of 2%
annually, or by a percentage equal to annual inflation rate as calculated
using the Consumer Price Index published by the Labor Department's
Bureau of Labor Statistics for the previous calendar year, whichever
is greater, for the life of the solar energy system, except in any
year where the decommissioning cost is recalculated as set forth below.
[2]
Beginning on the fifth anniversary of completion
of construction, and every fifth year thereafter until decommissioning
is completed, a qualified and independent third-party assessor or
other consultant agreeable to both the facility owner and the Town
will recalculate the projected cost of decommissioning over the next
five-year period, and the applicant shall adjust the amount of the
letter of credit to match 125% of the recalculated decommissioning
cost.
[3]
Change in ownership. The obligation to maintain
a decommissioning security letter of credit or cash escrow benefitting
the Town of Grand Island is a continuing obligation that may not be
transferred without written consent of the Town of Grand Island, which
consent shall not be unreasonably withheld.
[4]
In the event the applicant is in default of its
obligations to decommission the facility under any applicable law
or permit, and after proper notice and expiration of any cure periods,
the cash deposit, letter of credit, or security shall be forfeited
to the Town which shall be entitled to maintain an action thereon.
The cash deposit, letter of credit, or security shall remain in full
force and effect until restoration of the property as set forth in
the decommissioning plan is completed.
[5]
In the event of default under this section or the
conditions of any permit for construction and operation of the solar
energy system, or abandonment of the solar energy system, the system
shall be decommissioned as set forth herein
(22)
Site plan application. For any solar energy system requiring a special use permit, site plan review and approval shall be required subject to the requirements set forth in Article XXIV of the Grand Island Zoning Code (§§ 407-107 through 407-113). In addition, the site plan application shall include the following information and be subject to the following additional substantive standards:
(a)
A three-line electrical diagram detailing the solar energy system
layout, solar collector installation, associated components, and electrical
interconnection methods, with all National Electrical Code (NEC) compliant
disconnects and over current devices.
(b)
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.
(c)
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.
(d)
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.
(e)
Property operation and maintenance plan. Such plan shall describe
continuing photovoltaic maintenance and property upkeep, such as mowing
and trimming.
(f)
Prior to the issuance of the special use permit or final approval
by the Town Board, but not required as part of the application, engineering
documents must be signed and sealed by a New York State (NYS) Licensed
Professional Engineer or NYS Registered Architect.
(23)
Special use permit, additional requirements. Written and signed
confirmation of compliance with solar panel restrictions and design
requirements as detailed in this section must be signed and submitted
as part of permit submission.
(24)
Building permit, additional requirements. Prior to building
permit approval
(a)
A clearing, grading, storm water and erosion control plan should
be submitted to the Town for approval.
(b)
The plan must demonstrate potential adverse impacts to wetlands
and/or Class I and II streams have been mitigated, as well as the
banks and vegetation along these areas. Applicants must demonstrate
they have minimized erosion or sedimentation.
(c)
The Town and its representatives (when requested by the Town
Board) should be given access to the project site by the developer
or landowner to evaluate project impact on environmental, vegetation
and wildlife, soil, water, or drainage
(25)
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.
I.
Battery energy storage systems.
(1)
Small, medium, and large battery energy storage systems shall
meet the requirements of any applicable fire prevention code, building
code, and design requirement when in use and, when no longer used,
shall be disposed in accordance with the laws and regulations of the
Town of Grand Island and any applicable federal, state, or county
laws or regulations. Fire prevention codes, building codes, design
requirements, and applicable federal, state, and county laws or regulations
include, but are not limited to, standards and requirements set forth
in the:
(a)
Energy Code: The New York State Energy Conservation Construction
Code adopted pursuant to Article 11 of the Energy Law, as currently
in effect and as hereafter amended from time to time;
(b)
Fire Code: The fire code section of the New York State Uniform
Fire Prevention and Building Code adopted pursuant to Article 18 of
the Executive Law, as currently in effect and as hereafter amended
from time to time;
(c)
Nationally Recognized Testing Laboratory (NRTL): A U.S. Department
of Labor designation recognizing a private sector organization to
perform certification for certain products to ensure that they meet
the requirements of both the construction and general industry OSHA
electrical standards;
(d)
NEC: National Electric Code;
(e)
NFPA: National Fire Protection Association;
(f)
Uniform Code: The New York State Uniform Fire Prevention and
Building Code adopted pursuant to Article 18 of the Executive Law,
as currently in effect and as hereafter amended from time to time.
(2)
Small battery energy storage systems are a permitted use in
all zoning districts and do not require site plan approval.
(3)
Medium battery energy storage systems are permitted in all zoning
districts and require site plan review and a building permit.
(4)
Large battery energy storage systems are not permitted on soils
classified as prime farmland, prime farmland if drained, or soils
of statewide importance by the United States Department of Agriculture,
New York State, the Town of Grand Island Farmland Protection Plan,
or the Natural Resources Conservation Service. In addition, large
battery energy storage systems shall not be sited on more than 10%
of any parcel containing prime farmland, prime farmland if drained,
or soils of statewide importance.
(5)
Large battery energy storage systems require a special use permit,
site plan review, and a building permit.
J.
Safety.
(1)
Solar energy systems and solar energy equipment shall be certified
under the applicable electrical and/or building codes as required.
(2)
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.
(3)
A piece of equipment that meets the definition of "oil-filled
operational equipment" at 40 CFR Part 112.2 (e.g., transformers, capacitors,
and electrical switches) shall comply with the secondary containment
procedures of that regulation.
(4)
Emergency response plan. As part of the special permit documentation
the applicant must submit an emergency response plan for any potential
hazard situation: fire, lightening, hailstorms, etc.
(a)
The plan must include requirements for documented training of
the Fire Department and other first responders prior to installation.
(b)
The plan must include a list of possible events that could occur
and provide a training guide for first responders detailing best practices
and potential hazards.
K.
Enforcement
and annual inspection.
(1)
Any violation of this section 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 of Grand Island.
(2)
If the applicant is in default of the requirements for a special
use permit, or any other applicable permit or law, the Town of Grand
Island Code Enforcement Inspector shall have authority to pursue all
remedies provided by state and local law, including, but not limited
to, revocation of the permit and commencement to decommissioning pursuant
to this section.
(3)
The Town and its representatives (when requested by the Town
Board) should be given access to the project site by the developer
or landowner to evaluate project impact on environmental, vegetation
and wildlife, soil, water, or drainage.
(4)
Inspection.
(a)
As part of a special use permit approval or renewal an inspection
shall be requested. Upon reasonable notice, the Town of Grand Island
Code Enforcement Inspector or his or her designee may enter a lot
on which a solar energy system has been approved for the purpose of
compliance with any requirements or conditions. Advance notice of
48 hours will be provided to the owner/operator or designated contact.
(b)
Upon approval of a special use permit, the facility will undergo
an annual inspection. The inspection to include:
[1]
Confirm pollinator program is in compliance and
screening plan remain in place; require replacement of any dead/lost
screening or ground cover in compliance with screening plan;
[2]
Inspect for out of service panels;
[3]
Inspect for brush fire risk in close proximity
to panels;
[4]
Inspection of fencing for security;
[5]
Require documented inspection of output to be included
with special use permit approval.
(c)
Note: Failure to receive approval for the special use permit
or failure to receive renewal within six months after its expiration
shall result in a request to discontinue and to initiate the decommissioning
plan.
L.
Severability.
The invalidity or unenforceability of any section, subsection, paragraph,
sentence, clause, provision, or phrase of the aforementioned sections,
as declared by the valid judgment of any court of competent jurisdiction
to be unconstitutional, shall not affect the validity or enforceability
of any other section, subsection, paragraph, sentence, clause, provision,
or phrase, which shall remain in full force and effect.
[Amended 10-15-2012 by L.L. No. 3-2012]
A private swimming pool installed or maintained
as an accessory use in a residential district shall meet the requirements
of the New York State Uniform Fire Prevention and Building Code and
any other applicable state or county law. Any filtration system and
filter pumps or other mechanical devices shall be located and constructed
so as not to interfere with the peace, comfort and repose of the occupant
of any adjoining property.
[Added 5-17-2010 by L.L. No. 5-2010]
Fire stations are a permitted use in every zoning district.
The Town Board, at its discretion, may require a site plan for a fire
station.
[Added 4-1-2013 by L.L. No. 1-2013]
A.
A community garden is a single piece of land used collectively for
the cultivation of seasonal flowers, vegetables, herbs, or fruit.
B.
Notwithstanding any other provision of the Town of Grand Island Code
to the contrary, community gardens shall be an allowed use in all
zoning districts in the Town, upon receipt of an approval for a community
garden permit from the Town Board, which shall be issued by the Code
Enforcement Department.
C.
Application requirements. An application for a community garden permit
must include:
(1)
Completion of a community garden application form.
(2)
Payment of an application fee, as adopted by the Town Board
and listed on the fee schedule, set by resolution of the Town Board.
(3)
A sketch of the site upon which the community garden will be located, showing the proposed location and size of the community garden, location of proposed storage areas, location of nearby buildings, land uses, roads, driveways, and land features. The sketch shall also depict available parking for users of the community garden. If composting of vegetative on-site material is to be undertaken pursuant to Subsection F, the sketch must include its location.
(4)
A written plan for the use and storage of any tools, equipment,
supplies, harvested products, and water.
(5)
If the applicant is not the owner of the property where the
community garden will be located, proof that the property owner has
granted the applicant permission to apply for a community garden permit.
(6)
Such other information the Town Board deems necessary.
D.
Town Board determination. In making its determination, the Town Board may consider any factors it deems reasonable. The Town Board has the authority to impose conditions and restrictions on any community garden permit, if granted, to minimize any adverse impact on the neighborhood or community. In reviewing applications, the Town Board shall follow the procedures as set forth in § 407-115.
E.
Temporary duration of approval. A community garden permit shall be
valid for one year.
F.
Operational rules and regulations.
(1)
The on-site sale of produce may be permitted by the Town Board, provided the sketch plan required by Subsection C(3) shows (i) adequate parking available for the site, (ii) the facilities to be used to facilitate the on-site sale of produce (e.g., fruit/vegetable stand), and (iii) the location where on-site sales will occur.
[Amended 3-3-2014 by L.L.
No. 7-2014]
(2)
The site shall be designed and maintained so that water and
fertilizer will not drain onto adjacent property.
(3)
A minimum three-foot-wide, clearly marked entrance path shall
be provided from the public right-of-way to the garden.
(4)
Refuse storage areas shall be provided and screened to enclose
all refuse generated from the garden. Refuse areas shall be located
as close as practicable to the rear and center of the property. Refuse
shall be removed from the site at least once a week.
(5)
Composting of vegetative material (e.g., leaves, grass clippings,
remains of plants) only is permitted on site and shall not include
kitchen waste or any other material brought in from off site.
(6)
The garden shall be regularly watered and maintained adequately
moist to mitigate potential dust impacts.
(7)
Storage areas for tools, fertilizers, equipment, and other material
shall be enclosed and located as close as practicable to the rear
and the center of the property. A shed up to 140 square feet is permitted
on a vacant lot without a variance.
(8)
Hours of operation shall be limited to the hours between sunrise
and sunset.
(9)
Before expiration of the community garden permit, the garden
shall be cleared of all vegetation and other materials (e.g., remains
of plants, corn stalks, stakes or stands) and returned as close as
practicable to pre-garden conditions.
[Added 9-22-2015 by L.L.
No. 9-2015]
With the exception of bed-and-breakfasts as specifically authorized
in this chapter, transient rentals or short-term rentals are not permitted
in the following zoning districts: R-1A, R-1B, R-1C, R-1D, R-1E, R-2,
R-2A, and R-3.
[Added 2-3-2020 by L.L.
No. 1-2020]
A.
Multiple principal uses on one lot are prohibited in all zoning districts,
with exceptions as follows:
(1)
In the Town Center Districts (NBD, CBD, and SBD), M-1 Light
Industrial and Research District, and M-2 Industrial District, multiple
principal uses are permitted.
B.
Substantive requirements for lots containing more than one principal
use.
(1)
All substantive requirements set forth in the Code are applicable
except as otherwise indicated herein.
(2)
Parking. Determining minimum parking on a lot containing multiple
principal uses shall begin with a baseline of 150% of the parking
required of the most-intensive use, where "intensive" refers the use
with the highest number of parking spaces required. Then, from that
baseline, the figure shall be adjusted either up or down based upon
the characteristics and needs of the specific site and uses, as recommended
by the Planning Board and approved by the Town Board. Determining
the appropriate number of parking spaces shall be based upon the specific
characteristics of the uses on the site.
