Dumping of refuse, waste material and/or other
substances is prohibited in all districts within the Town, except
dumping of inert fill materials to fill to established grades.
No materials of any kind shall be stored outside
on the premises in any residential district except for the construction
of a structure to be actually erected on the premises upon which said
materials are stored, within the period of one year from the date
of commencement of such storage, unless a permit is granted therefor
by the Board of Appeals.
A.
No swimming pool may be constructed or erected either
above or below grade level without a building permit having been issued
therefor. Application for said permit must be accompanied by plans
in sufficient detail to show the location of the pool with reference
to other buildings and all boundary lines, pool dimensions, depth
and volume of gallons, lighting, wastewater disposal system, estimate
of cost of said pool and location and construction of fence around
pool.
B.
The location of swimming pools must conform to the
building setback requirements of this chapter.
C.
Swimming pools will be permitted without a pool permit
only as accessory structures to permanent dwellings on the premises
and only when intended for the exclusive use of the occupants of said
dwellings and their guests. All other swimming pools shall be permitted
only upon issuance of a pool permit by the Board of Appeals.
A.
At least the following off-street parking spaces (each
being at least 10 feet by 20 feet), together with suitable access
drives, shall be provided and satisfactorily maintained by the owner
of the property, on the premises or in convenient connection therewith,
for each building which is erected, enlarged or altered for use for
any of the following purposes:
[Amended 8-28-2013 by L.L. No. 3-2013]
Type
|
Required Spaces
| |
---|---|---|
Automobile repair businesses
|
Sufficient parking spaces for all vehicles used
directly in the conduct of such business plus 3 parking spaces for
each work bay
| |
Banks, offices and studios
|
1 parking space for every 3 customers computed
on the basis of maximum servicing capacity at any one time, plus 1
additional space for every person regularly employed on the premises
| |
Clubhouses and permanent meeting places of veterans,
business civic, fraternal, labor and other similar organizations
|
Parking spaces equal to 1/3 of the maximum occupancy
capacity of the premises, plus 1 additional space for every person
regularly employed on the premises
| |
Funeral homes
|
1 parking space for each vehicle used directly
in the business plus 1 parking space for every person regularly employed
on the premises and 1 space for every 3 seats in the auditorium or
chapel of such establishment; if the establishment does not have a
chapel or auditorium, the additional parking to be required for funeral
visitors shall be determined by the Planning Board based on the number
of funerals that can be handled at one time, the size of the facilities
and other relevant factors
| |
Gasoline filling stations
|
Sufficient parking spaces for all vehicles used
directly in the conduct of the business plus 1 parking space for each
gas pump, 3 spaces for each bay and 1 space for every person employed
on the premises at maximum employment on a single shift
| |
Hospitals, nursing homes, etc.
|
1 parking space for every 2 beds, and 1 parking
space for each regular employee, attendant or member of the staff
| |
Hotels and motels
|
1 parking space for each rental unit plus 1
additional space for every person regularly employed on the premises
| |
Indoor retail and personal service establishments
|
Sufficient parking spaces for all vehicles used
directly in the conduct of such business plus 6 parking spaces for
every 1,000 square feet of total floor space
| |
Lodging houses
|
1 parking space for each sleeping room occupied
by roomers or boarders plus 1 space for each dwelling unit on the
premises plus 1 additional space for every 2 persons regularly employed
on the premises
| |
Manufacturing businesses
|
1 parking space for every person regularly employed
on the basis of maximum employment at any one time
| |
Multiple dwellings
|
2 parking spaces for each apartment or dwelling
unit to be contained in such structure; 1 such parking space per apartment
or dwelling unit shall be within an enclosed garage; all unenclosed
parking areas shall be screened from adjacent properties
| |
One-family dwellings
|
1 parking space
| |
Outdoor retail businesses
|
Sufficient parking spaces for all vehicles used
directly in the conduct of such business, plus 1 space for each person
regularly employed on the premises and such additional space as may
be determined by the Planning Board based on the nature of the business
and other related relevant factors
| |
Professional offices
|
Sufficient parking spaces for all vehicles used
directly in the conduct of such office, plus 1 space for each person
regularly employed on the premises and such additional space as may
be determined by the Planning Board based on the nature of the business
and other related relevant factors
| |
Recreation and amusement facilities
|
1 parking space for every 3 customers computed
on the basis of maximum servicing capacity at any one time, plus 1
additional space for every person regularly employed on the premises
| |
Restaurants or other eating or drinking places
|
1 parking space for every 3 seats and 1 parking
space for each regular employee
| |
Schools or colleges
|
1 parking space for every 3 seats occupied at
maximum capacity in the assembly hall, auditorium or gymnasium of
greatest capacity on the school grounds or campus; if the school has
no assembly hall, auditorium or gymnasium, 1 parking space shall be
provided for each person regularly employed at such school plus 2
additional spaces for each classroom
| |
Self-service laundries and dry-cleaning self-service
plants
|
1 parking space for every 2 washing machines
and for every 2 dry-cleaning machines
| |
Theaters, churches or other places of public
assembly
|
1 parking space for every 3 seats, based on
maximum seating capacity
| |
Warehouses and wholesale businesses
|
Sufficient parking spaces for all vehicles used
directly in the business plus 1 parking space for every person regularly
employed on the premises
| |
Other legal uses
|
For any other lawful use not otherwise specified
above, the required number of spaces shall be determined by the Planning
Board
|
B.
All parking spaces provided, along with their necessary
driveways and passageways, shall be graded and drained in order to
dispose properly of all surface water accumulation within the area
and shall be surfaced, except for single-family dwellings, with an
asphaltic or Portland cement binder pavement so as to provide a durable
and dustless surface. Plans for such parking spaces are to be included
with the plans for the construction of buildings and other structures
and are to be presented to the Code Enforcement Officer at the time
applications for building permits are filed. Such parking areas are
to be kept free of obstructions and unsightly objects. Intersections
of parking areas with sidewalks or street pavements must be made in
an approved manner.
C.
All off-street parking areas for more than five vehicles
shall be effectively screened on each side which adjoins or faces
premises situated in a residential district. Such screening shall
not be less than four feet in height and may be accomplished by deciduous
and/or evergreen plantings on a reserved twenty-foot buffer strip
or by a fence or masonry wall of acceptable design. All plantings
so used shall be properly maintained by the owner or owners of the
screened parking lot.
D.
Any lighting used to illuminate any off-street parking
area shall be so arranged as to reflect the light away from adjoining
premises situated in any residential district.
E.
The recurrent parking of any vehicle on the right-of-way
of a highway or the impeding of traffic or creation of traffic hazards
by the parking of any such vehicle shall be prima facie evidence of
the failure to provide adequate and suitable parking area on the premises
or in convenient connection therewith, and the Code Enforcement Officer
may require additional off-street parking spaces to be provided on
the premises causing the problem or in convenient connection therewith.
F.
On lots in all residential districts the outdoor parking
of commercial motor vehicles used personally by residents of the premises
in connection with a business elsewhere is permitted, but shall be
limited to two such vehicles of not more than one-ton capacity per
dwelling unit. All other outdoor parking of commercial motor vehicles
is prohibited.
G.
In all districts,: the outdoor parking of motor homes,
horse trailers, travel or camping trailers, boat trailers, snowmobile
trailers and similar vehicles shall be permitted, provided the following
conditions are satisfied:
[Amended 5-10-2017 by L.L. No. 1-2017]
A.
On the same premises with every building or structure
or part thereof hereafter erected and occupied for the purpose of
business, trade or industry, there shall be provided and maintained
adequate space for loading and unloading of vehicles off the street.
Such space shall have access to a public street. Off-street loading
and unloading space shall be in addition to and not considered as
meeting a part of the requirements for off-street parking space. Off-street
loading and unloading space shall not be used or designed, intended
or constructed to be used in a manner to obstruct or interfere with
the free use of any street, or adjoining property.
B.
Off-street loading and unloading space shall be provided
as set forth below at the time of erection of any building or structure
and at the time any building or structure is enlarged or increased
in capacity.
(1)
Retail business and service establishments: One off-street
loading and unloading space at least 12 feet by 35 feet by 14 feet
high for every 3,000 square feet of floor area or major portion thereof.
(2)
Warehouses and wholesale establishments: One off-street
loading and unloading space at least 12 feet by 50 feet by 14 feet
high, and one additional space for every 7,500 square feet of total
floor area or part thereof.
(3)
Industrial plants: One off-street loading and unloading
space at least 12 feet by 50 feet by 14 feet high, and one additional
space for every 10,000 square feet of total floor area or part thereof.
No obstruction to the view of traffic approaching
a street intersection may be placed or permitted to remain within
the triangle formed by the intersection highway rights-of-way and
a line connecting points 75 feet from the intersection in the case
of state and county roads and points 50 feet from the intersection
in the case of other roads.
As a condition to the issuance of a permit or
any commercial use in a commercial district or any industrial use
in an Industrial or Limited Industrial District, the owner shall construct
a mall at least 20 feet in width, measured at right angles to the
highway, immediately adjacent to the highway on which the land abuts,
along the entire frontage of the property. Such mall shall have a
concrete curb or similar structure at least one foot high, on each
side of said mall. The owner shall plant such mall with grass or other
plants for ground cover. A maximum of 25% of the frontage may be excluded
from the mall for access drives.
[Added 9-10-2003 by L.L. No. 4-2003; amended 4-26-2023 by L.L. No. 4-2023]
A.
Purpose. It is the purpose and intent of accessory
apartments to provide one-family dwelling property owners the opportunity
to maintain and preserve a single-family residence and at the same
time, provide housing needs for relatives of families presently living
within the Town of Rush or for person or persons in the domestic employ
of the homeowner.
B.
Bulk regulations.
Type of Residence Building
|
Minimum Required Gross Floor Area Per
Family
(square feet)
| |||
---|---|---|---|---|
R-20
|
R-30
|
RR-5
|
R-MD
| |
One-family dwelling with accessory apartment
|
1,600
|
1,600
|
1,600
|
1,600
|
Accessory apartment
|
400
|
400
|
400
|
400
|
but not to exceed 25% of the floor area of the
principal dwelling and in total, not to exceed 800 square feet
|
C.
Restrictions concerning accessory apartments.
(1)
Owner-occupied. The owners of the dwelling within
which the accessory apartment is located shall occupy at least one
of the dwelling units on the premises for at least nine months each
year.
(2)
Location. The accessory apartment may be located either
in the principal dwelling or in an addition to the principal dwelling.
It may also be located in an accessory building, provided such accessory
building existed prior to June 1, 2002, and otherwise conforms with
the requirements of this chapter.
(3)
Dwelling size. No accessory apartment shall be located
in a one-family dwelling unless the dwelling contains the minimum
required habitable floor area of 1,600 square feet. This shall apply
to new or existing one-family dwellings.
(4)
Apartment size. The minimum gross floor area for an
accessory apartment within a principal dwelling or an existing accessory
building shall be no less than 400 square feet and no greater than
800 square feet. An accessory apartment located in a principal dwelling
shall not exceed 25% of said principal dwelling.
(5)
Lot size. Minimum lot size shall be one acre in an
R-30 District; 3/4 acre in an R-20 District.
(6)
Bedrooms. There shall be no more than two bedrooms
in any accessory apartment.
(7)
Accessory apartments per lot. There shall be no more
than one accessory apartment permitted on any one-family building
lot.
(8)
Exterior appearance. If an accessory apartment is
located in the principal dwelling building, the entry to such unit
and its design shall be such that, to the degree reasonably feasible,
the appearance of the building will remain as a one-family residence.
An additional road cut for a new driveway is prohibited. Second- and
third-story stairs must be enclosed.
(9)
Water, sewer and utilities. Prior to the issuance
of a building permit for the construction of an accessory apartment
in a principal dwelling, an addition to the principal dwelling, or
in an existing accessory building, approval of the water supply, sewage
disposal, and electric and gas utilities shall be obtained from the
Monroe County Department of Health, Monroe County Water Authority
and any other appropriate utility company.
(10)
Off-street parking. In addition to the off-street
parking requirements for one-family detached dwellings, there shall
be a minimum of two off-street parking spaces for an accessory apartment.
(12)
Special permit. An accessory apartment shall be permitted only on a one-family dwelling lot and is subject to the issuance of a special permit by the Planning Board pursuant to § 120-69D of this chapter.
(13)
Permit. No building permit shall be issued by
the Town until approval for an accessory apartment has been given
by the Planning Board and upon receipt of a notarized affidavit, a
copy of which is attached, and made a part of the chapter, as Exhibit
"A."[2]
[2]
Editor's Note: Said affidavit is on file in
the Town offices.
(14)
Termination. If the homeowner vacates one of
the dwelling units, or if the homeowner transfers title to the dwelling
to a person other than a relative or domestic employee of the homeowner,
the permit and the use of the accessory apartment as such shall be
automatically terminated.
[Amended 8-28-2013 by L.L. No. 3-2013]
A.
Explicitly
prohibited uses.
(1)
The
following uses and are hereby expressly and explicitly prohibited
in each and every zoning district within the Town, and no building
or structure shall be created, altered or erected, and no body of
water, land or building thereon shall be used, for any of such uses
or activities:
(a)
No use or activity or occupation shall be permitted
in any district of the Town which causes odors, gases, fumes, vibrations,
noise which is excessive in level or duration, excessive smoke, excessive
light or any other objectionable effects which carry beyond the premises
on which such uses, activities or occupations are conducted.
(b)
No effluent or matter of any kind shall be discharged
onto land or into any stream or body of water which causes objectionable
odors or fumes or which is poisonous or injurious to human or plant
or animal life.
(c)
No use, activity or occupation is permitted
which constitutes a public nuisance or hazard.
(d)
The use of bituminous or soft coal and other
excessive smoke-producing fuels is prohibited in all district of the
Town, except that the Board of Appeals may grant a special permit
for such use on special application therefor and on such suitable
terms and conditions as it may impose.
(e)
"Soil stripping" and the sale or disposition
of topsoil so stripped from within the Town are prohibited.
(f)
The outside storage of junk vehicles, wrecks,
appliances, rubbish or debris is prohibited in all districts. For
purposes of this section, a junk vehicle shall be defined as a motor
vehicle in such condition that it cannot be repaired or which has
remained unrepaired for 30 days, or is, for any reason, unsuitable
for use on the highway, or for which the registration for the current
year has not been issued and affixed thereto. This chapter, however,
shall not be construed to prevent the storage of unlicensed vehicles
in private garages upon the premises of the owners thereof.
(g)
Land application facility;
(h)
Natural gas and/or petroleum exploration activities;
(i)
Natural gas and/or petroleum extraction activities;
(j)
Natural gas and/or petroleum extraction, exploration or production
wastes disposal/storage facility;
(k)
Natural gas and/or petroleum extraction, exploration or production
wastes dump;
(l)
Natural gas compression facility;
(m)
Natural gas processing facility;
(n)
Underground injection; and
(o)
Underground natural gas storage.
(2)
Any condition caused or permitted to exist in violation of Subsection A of this § 120-62 is a threat to public health, safety and welfare, and is hereby declared and deemed to be a nuisance. Collectively the above expressly prohibited uses may be referred to in this chapter as "explicitly prohibited uses," any one of the above expressly prohibited uses may be referred to in this chapter as an "explicitly prohibited use," and any combination of more than one such use may also be referred to as "explicitly prohibited uses."
B.
Prohibition against natural gas and/or petroleum extraction, exploration
or production wastes.
(1)
The Town of Rush hereby exercises its authority and right under New
York Environmental Conservation Law § 27-0711 to adopt a
local law that is consistent with the Environmental Conservation Law
Article 27, such consistency demonstrated by the fact that this chapter
complies "with at least the minimum applicable requirements" set forth
in such statute, and the rules and regulations promulgated pursuant
to said Article 27.
(2)
It shall be unlawful for any person to produce, store, inject, discard,
discharge, dispose, release, or maintain, or to suffer, cause or permit
to be produced, stored, injected, discarded, discharged, disposed,
released, or maintained, anywhere within the Town, any natural gas
and/or petroleum extraction, exploration or production wastes.
C.
No Application to Customary Local Distribution Lines, Etc. The prohibitions set forth above in this § 120-62 are not intended, and shall not be construed, to:
(1)
Prevent or prohibit the right to use roadways in commerce or otherwise
for travel;
(2)
Prevent or prohibit the transmission of natural gas through utility
pipes, lines, or similar appurtenances for the limited purpose of
supplying natural gas to residents of or buildings located in the
Town; or
(3)
Prevent or prohibit the incidental or normal sale, storage, or use
of lubricating oil, heating oil, gasoline, diesel fuel, kerosene,
or propane in connection with legal agriculture, residential, business,
commercial, and other uses within the Town.
A.
Any nonconforming use now lawfully existing may be
continued only on the premises and in the structure where such nonconforming
use now exists. Structures otherwise lawfully existing, arranged,
designed or properly devoted to such nonconforming use may not be
enlarged or extended at a cost to exceed 50% of the assessed valuation
of such structures.
B.
The failure to exercise any nonconforming use for
a period of one year or more terminates such nonconforming use of
the structure or the premises and thereafter such structure and the
premises shall be used in conformity with this chapter.
C.
A nonconforming use shall not be changed unless changed
to a conforming use. A nonconforming use, if changed to a conforming
use, may not be changed back to a nonconforming use.
D.
Any structure containing a nonconforming use which
has been wholly or partially destroyed by means other than intent
or design may only be reconstructed or repaired, within one year thereafter,
for the designated nonconforming use existing prior to the event.
Such use may not be enlarged or extended.
[Added 8-28-2013 by L.L. No. 3-2013]
A.
Notwithstanding any provision of this chapter to the contrary, any
natural gas and/or petroleum extraction activities that are being
conducted in the Town as of the effective date of this section shall
be subject to the following:
(1)
If, as of the effective date of this section, substantive natural gas and/or petroleum extraction activities are occurring in the Town, and those activities are in all respects being conducted in accordance with all applicable laws and regulations, including without limitation the possession of valid, nonrevoked permits for all matters for which permits are required, and including compliance with each, any, and all permit conditions, as are or may be required by the New York State Department of Environmental Conservation (DEC) and/or all other regulating local, state, and federal governments, bureaus, or agencies, then and only then such activity shall be considered a preexisting, nonconforming use and shall be allowed to continue, subject, however, to the provisions of Subsections B and C of this § 120-63.1.
(2)
Natural gas and/or petroleum extraction activities that are being conducted in the Town as of the effective date of this section and which do not qualify for treatment under the preceding Subsection A(1) of this § 120-63.1 shall not be grandfathered (or be permitted to continue or deemed lawful preexisting uses), and shall in all respects be prohibited as contemplated by § 120-62 hereof.
B.
Upon the depletion, closing, or reclamation of any well which is allowed to remain in operation after the effective date of this section by virtue of Subsection A(1) of this § 120-63.1, or upon any other substantive cessation of natural gas and/or petroleum extraction activities for a period of more than 12 months, then and in either of such events the preexisting and/or nonconforming use status (and any related grandfathering rights) of or relating to such activity shall terminate, and thereafter such natural gas and/or petroleum extraction activities shall in all respects be prohibited as contemplated by § 120-62 hereof.
C.
Notwithstanding any provision hereof to the contrary, the preexisting, nonconforming status conferred and recognized by Subsection A(1) of this § 120-63.1 is not intended, and shall not be construed, to authorize or grandfather any natural gas and/or petroleum extraction activities extending beyond whatever well bore is authorized in any DEC permit in existence as of the effective date of this section. Any expansion or attempted or purported expansion of such well, whether as to its production, depth, horizon(s) or otherwise, shall not be grandfathered under Subsection A(1) of this § 120-63.1, and instead shall in all respects be prohibited as contemplated by § 120-62 hereof.
[Added 2-14-1997 by L.L. No. 1-1997; 4-9-1997 by L.L. No. 2-1997; amended 5-13-1998 by L.L. No. 1-1998]
A.
Enabling authority. The Planning Board is hereby authorized
to review and approve, approve with modifications, or disapprove special
use permits and site plans for telecommunications towers or antennas
consistent with Town Law §§ 274-a and 274-b.
[Amended 1-11-2023 by L.L. No. 3-2023]
B.
Purpose. The purpose of these supplemental regulations
is to promote the health, safety and general welfare of the residents
of the Town of Rush, to provide standards for the safe provisions
of telecommunications consistent with applicable federal and state
regulations, and to protect the natural features and aesthetic character
of the Town of Rush with special attention to open space, vistas,
farmland, and wooded areas.
[Amended 1-11-2023 by L.L. No. 3-2023]
C.
ACCESSORY FACILITY OR STRUCTURE
ANTENNA
COMMUNICATIONS TOWER or TELECOMMUNICATIONS TOWER
ELIGIBLE FACILITIES REQUEST
EPA
FAA
FCC
NIER
SATELLITE ANTENNA
SPECIAL USE
TELECOMMUNICATIONS
Definitions. As used in this section, the following
terms shall have the meanings indicated:
[Amended 1-11-2023 by L.L. No. 3-2023]
An accessory facility or structure serving or being used
in conjunction with a communications tower, and located on the same
lot as the communications tower, including utility or transmission
equipment, storage sheds or cabinets.
A system of electrical conductors that transmit or receive
radio frequency waves. Such waves shall include, but not be limited
to, radio navigation, radio, television, cellular, paging, personal
communications services, and microwave communications. The frequencies
of these waves generally range from 10 hertz to 300,000 megahertz.
A structure designed to support antennas and on which one
or more transmitting and/or receiving antenna is located. It includes,
without limit, freestanding towers, guyed towers, monopoles, and similar
structures which use camouflage technology. It is a structure intended
for transmitting and/or receiving radio, television, telephone, or
microwave communications, but excluding those used for fire, police
and other dispatch communications, or exclusively for private and
personal radio and television reception and private and personal citizen's
bands, amateur radio and other similar private and personal communications.
As used herein, "communications tower" and "telecommunications tower"
shall have the same meaning and may be used interchangeably.
A request for modification of an existing wireless tower
or base station that involves a) co-location of new transmission equipment;
b) removal of transmission equipment; or c) replacement of transmission
equipment, as defined by 47 U.S.C.A. § 1455.
The Environmental Protection Agency.
The Federal Aviation Administration.
The Federal Communications Commission.
Nonionizing electromagnetic radiation.
Any parabolic dish, antenna or other device or equipment
of what ever nature or kind, the primary purpose of which is to receive
television, radio, tight, microwave or other electronic signals, waves
and/or communications from space satellites.
A use which is deemed allowable within a given zoning district,
but which is potentially incompatible with other uses and, therefore,
is subject to special standards and conditions set forth for such
use subject to approval by the Planning Board.
The transmission and reception of audio, video, data, and
other information by wire, radio, light, and other electronic or electromagnetic
systems.
D.
Special use permit regulations.
(1)
Permit. No communications tower, transmission tower,
telecommunications tower, communications or telecommunications installation,
freestanding tower, pole or existing structure shall hereafter be
used, installed, erected, moved, reconstructed, changed, modified
or altered except after site plan review and approval in conformity
with these regulations and unless a special permit is issued by the
Planning Board in conformity with these regulations.
(2)
Location.
(a)
Applicants for telecommunications towers and/or accessory facilities or structures shall locate, erect and site said towers in accordance with the following priorities {Subsection D(2)(a)[1] being the highest priority and (2)(d)[4] being the lowest priority}:
(b)
Upon filing an application for a permit for
such a tower and/or accessory facilities or structures, the applicant
shall submit a report demonstrating the applicant's review of the
above locations in order of priority demonstrating technologically
the reason for the site selection. If the site selected is not the
highest priority, then an explanation as to why sites of a higher
priority were not selected should be included with the application.
(c)
Notwithstanding the above, the Planning Board
may approve any site located within an area in the above list of priority
areas if the alternative site provides reasonable services and meets
the minimum needs of the service provider and the Board, in writing,
finds it is in the best interest of the service provider and health,
safety and welfare of the Town of Rush.
(d)
The applicant shall, in writing, identify and
disclose the number and locations of any additional sites that the
applicant is or will be considering, reviewing, or planning for telecommunications
towers in the Town of Rush, and all towns adjacent to Rush, for a
two-year period from the date of this application.
(e)
The applicant shall also, in writing, identify
and disclose the number and locations of each site in the Town of
Rush on which a telecommunications tower could provide, if installed
on that site, service coverage of 80% of the total land area of the
Town.
(3)
Shared use.
(a)
At all times, shared use of existing towers
shall be required. Additionally, where such shared use is unavailable,
location of antenna or preexisting structures shall be considered.
An applicant shall be required to submit a detailed report inventorying
existing towers within reasonable distance of the proposed site and
outlining opportunities for shared use of existing facilities and
use of other preexisting structures as an alternative to new construction.
(b)
An applicant intending to share use of an existing
tower shall be required to document intent from an existing tower
owner to share use. The applicant shall pay all reasonable fees and
costs of adapting an existing tower or structure to a new shared use.
Those costs include but are not limited to structural reinforcement,
preventing transmission or receiver interference, additional site
screening and other changes including real property acquisition or
lease required to accommodate shared use.
(c)
In the case of new telecommunications towers,
the applicant shall be required to submit a report demonstrating good
faith efforts to secure shared use from existing towers. Written requests
and responses for shared use shall be provided.
(d)
The applicant shall agree to design, build or
modify the new telecommunications tower to accommodate up to two additional
telecommunications services should there be a need or future need
for such services. The scope of this analysis shall be determined
by the Planning Board. This requirement may be waived, provided that
the applicant demonstrates that the provisions of future shared usage
of the facility is not feasible and an unnecessary burden, based upon:
[1]
The number of FCC licenses foreseeably available
for the area;
[2]
The kind of tower site and structure proposed;
[3]
The number of existing and potential licenses
without tower spaces/sites;
[4]
Available spaces on existing and approved towers;
and
[5]
Potential significant adverse visual impact
by a tower designed for shared use.
(4)
Height, maximum.
(a)
No telecommunications tower, including antenna
thereon, shall exceed 199 feet in height above original grade level.
(b)
The applicant must also submit documentation
justifying the height of any telecommunications tower and/or antenna.
The maximum height of any tower with antenna shall not exceed a height
which will require artificial lighting of any kind and nature in accordance
with any Town, county, state and federal laws or regulations.
(5)
Visibility. Towers shall not be artificially lighted,
including strobe lights, or marked except to assure human safety as
required by the Federal Aviation Administration (FAA). Towers shall
be a galvanized finish or painted an appropriate color to harmonize
with the surroundings as approved by the Planning Board of the Town
of Rush and maintained in accordance herewith. Towers should be designed
and sited so as to avoid, whenever possible, application of FAA lighting
and painting requirements.
(6)
Signage. Telecommunications towers shall have a sign
no larger than two square feet to provide adequate notification to
persons in the immediate area of the presence of an antenna that has
transmitting capabilities. The sign shall also contain the name(s)
and address(es) of the owner(s) and operator(s) of the antenna(s)
as well as emergency phone number(s). No other signage, including
advertising, shall be permitted on any antenna(s), antenna(s) supporting
structure, monopole, antenna tower, telecommunications tower and/or
accessory facilities or structures, unless required by federal or
state laws or regulation.
(7)
Fence. All antenna, guy wires, monopoles, accessory
facilities and structures, and telecommunications towers shall be
enclosed by a fence not less than eight feet in height above ground
level.
(8)
Public use. An area on the telecommunications towers
shall be provided to the Town of Rush and/or Rush Fire Department
without charge for location of emergency service communications equipment,
and shall be installed by the applicant without charge to the Town
of Rush or Rush Fire Department. If the tower is replaced or maintenance
activities require the said equipment to be moved, removed, or modified,
the applicant shall make these adjustments without cost to the Town
of Rush or Rush Fire Department.
(9)
Setback. A telecommunications tower shall be located
or sited a distance from all property lines, which distance is equal
to the fall zone area of the tower plus the set back distance for
the zoning district in which it is located, as measured from the base
of the tower. The fall zone area of any tower or monopole shall be
no less than 1 1/2 times the height of such tower, including
antenna thereon, and shall be measured from both the nearest boundary
line of the property on which it is to be located and from the location
of any occupiable structure on such property. Notwithstanding the
foregoing, the fall zone area may be less than prescribed herein if
the applicant demonstrates by competent written evidence prepared
and certified to the Town of Rush by the applicant's licensed professional
engineer (including, but not limited to, by a licensed structural
engineer) that the fall zone area may safely be less than prescribed
herein.
(10)
Acreage. The lot size for a telecommunications
facility shall not have a width and depth less than the fall zone
area of the tower plus the setback distance for the zone in which
it is located.
E.
Site plan approval.
(1)
Approval. No telecommunications tower or antenna shall be installed or constructed until the site plan is reviewed and approved by the Planning Board. The site plan application shall include, in addition to the other requirements for site plan review under § 120-69 of this chapter, the following additional information: All applications for installation of a telecommunications tower or antenna shall be accompanied by a report containing the information hereinafter set forth and sealed by a duly authorized New York State licensed professional engineer:
(a)
Name(s) and address(es) of person(s) preparing
the report;
(b)
Name(s) and address(es) of the property owner,
operator, and applicant;
(c)
Postal address and block and lot or parcel number
of the property;
(d)
Zoning district in which the property is situated;
(e)
Approximate size of the property and the approximate
location of all lot lines;
(f)
Approximate location of nearest residential
structure;
(g)
Approximate location of nearest occupiable structure;
(h)
Approximate location of all structures on the
property which is the subject of the application;
(i)
Approximate location, size and height of all
proposed and existing antennas and all appurtenant structures;
(j)
Type, size and location of all proposed and
existing mitigating landscaping;
(k)
The number, type, and design of the tower and/or
antenna(s) proposed and the basis for the calculations of tower and
system capacity;
(l)
The make, model and manufacturer of the tower
and/or antenna(s);
(m)
A description of the proposed tower and/or antenna(s)
and all related fixtures, structures, appurtenances and apparatus,
including height above grade, materials, color and lighting;
(n)
The frequency, modulations and class of service
of radio equipment;
(o)
Transmission and maximum effective radiated
power of the antenna(s);
(p)
Direction of maximum lobes and associated radiation
of the antenna(s);
(q)
Applicant's proposed tower and antenna maintenance
and inspection procedures and records systems;
(r)
Certification that NIER levels at the proposed
site are within threshold levels adopted by the FCC;
(s)
Certification that the proposed tower and/or
antenna(s) will not cause interference with existing communications
devices;
(t)
Certification that the tower, antenna(s) and
attachments meet all state and federal structural requirements for
loads, wind, ice, fall down specifications, etc.
(u)
A written statement wherein the applicant agrees
to defend and indemnify the Town of Rush and any of its servants,
agents or employees from any and all claims made in connection with
the installation, construction, use or operation of the telecommunications
tower, antenna(s) and/or accessory facility;
(v)
A copy of its FCC license.
(w)
Certification that the applicant has utility
status from New York State and the Public Service Commissioner.
(2)
The applicant shall submit a complete long form Environmental
assessment form ("EAF") and a complete visual environmental assessment
form ("visual EAF" addendum). The Planning Board may require submission
of a more detailed visual analysis based on the results of the visual
EAF.
(3)
The Board will require the applicant to undertake
a visual impact assessment which may include:
(a)
A "zone of visibility map" shall be provided
in order to determine locations where the tower may be seen.
(b)
Pictorial representations of "before and after"
views from key viewpoints both inside and outside of the Town, including
but not limited to, state highways, and other major roads, state and
local parks, other public lands, preserves and historic sites normally
open to the public, and from any other location where the site is
visible to a large number of visitors or travelers. The Board shall
determine the appropriate key sites at a presubmission conference
with the applicant.
(c)
Assessment of the visual impact of the tower
base, guy wires, accessory buildings from abutting properties and
streets.
(4)
The Board may require, if there isn't any natural
screening, native evergreen shrubs or trees capable of forming a continuous
hedge at least 10 feet in height, at time of planting, to effectively
screen the telecommunications tower base and accessory facility. In
the case of poor soil conditions, planting may be required on soil
berms to assure plant survival.
F.
Additional regulations.
(1)
All towers, antenna(s) and accessory facilities shall
be sited to have the least practical adverse visual effect on the
environment and residences in the area of the telecommunications tower
site.
(2)
Accessory facilities shall maximize use of building
materials, colors and textures designed to blend with the natural
surroundings.
(3)
Existing on-site vegetation shall be preserved to
the maximum extent possible, and no cutting of trees exceeding four
inches in diameter (measured at a height of four feet off the ground)
shall take place prior to approval of the special use permit.
(4)
A road and parking plan will be provided and maintained
by the applicant, including snow removal, to assure adequate emergency
and service access. Maximum use of existing roads, public or private,
shall be made. Road construction shall at all times minimize ground
disturbance and vegetation cutting to within the toe of fill, the
top of cuts, and no more than 10 feet beyond the proposed edge of
any pavement. Road grades shall closely follow natural contours to
assure minimal visual disturbance and reduce soil erosion potential.
(5)
In the event a telecommunications tower and/or accessory
facility is no longer used for the purpose specified in the application,
or the telecommunications tower and/or accessory facility ceases operations
for a period of 90 days, such tower, structures and facilities shall
be dismantled and removed from the site within 90 days of receipt
of written notice from the Town Board, and restoration of site to
its original condition; provided, however, that if the owner of record
of the property upon which the telecommunications tower is located,
wishes to retain any access roadway to the telecommunications tower,
the owner may do so with the approval of the Planning Board.
(6)
The applicant and the owner of record of the property
upon which the telecommunications tower or antenna is located shall
be required to execute and file with the Town of Rush a bond or other
form of security acceptable to the Town Attorney and Town Financial
Officer as to form and manner of execution, in an amount sufficient
for the faithful performance of the terms and conditions of this chapter,
the 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, provide for its removal and the
restoration of the site, and for the Town's consultant as hereafter
provided. The amount required shall be determined by the Planning
Board. In the event of default upon the performance of such conditions
or any of them, the bond or security shall be forfeited to the Town
of Rush, which shall be entitled to maintain an action thereon. The
bond or security shall remain in full force and effect until the removal
of the transmission tower, telecommunications tower, communications
installation, freestanding tower, accessory facility/structure, and
site restoration. The failure to keep such bond or security in such
full force and effect shall entitle the Town of Rush, acting by and
through its Town Board, to revoke any permit and approval granted
pursuant to the terms and conditions hereof, if the same is not fully
cured or corrected within 15 days following the giving of notice by
the Town of Rush to the applicant and to the owner of record of such
failure.
(7)
Telecommunications towers shall be grounded so as
to protect person and property and shall be installed with surge protectors,
and the applicant shall provide written certification of same.
(8)
The Planning Board is authorized to hire any consultants
and/or experts necessary to assist the Board in reviewing and evaluating
the application. The applicant shall reimburse the Town of Rush for
all costs and expenses incurred by the Town of Rush for the consultants/experts
evaluation and consultation with the Board. The applicant will provide
for such reimbursement in the bond or security to be executed and
filed with the Town of Rush as hereinbefore provided. Notice of the
hiring of a consultant/expert shall be given to the applicant prior
thereto.
(9)
Prior to the approval of any application for a telecommunications
tower site, a public hearing shall be held by the Planning Board,
notice of which shall be published in the official newspaper for the
Town of Rush.
(10)
The applicant, its successors or assigns, shall
file annually with the Town, on the anniversary date of the granting
of the special permit by the Planning Board a written report by a
duly qualified independent consultant certifying that the applicant,
its successors or assigns are complying with its maintenance and inspection
procedures and records system, and that the telecommunications tower
and accessory facilities or structures is not a hazard or a threat
of a hazard to the health and safety of the public.
(11)
In order to keep neighboring municipalities
informed, and to facilitate the possibility of directing that an existing
tall structure or existing telecommunications tower in a neighboring
municipality be considered for shared use, the Board shall require
that the applicant provide an intermunicipal notification for new
towers as follows:
(a)
An applicant who proposes a new telecommunications
tower in the Town of Rush shall notify in writing the legislative
body of each municipality that borders the Town of Rush and the Monroe
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, including antenna thereon,
and its capacity for future shared use.
(b)
Documentation of this notification shall be
submitted to the Board at the time of application.
(12)
All communications cable and utilities, including
water, gas, electric, sewer, stormwater leading to and away from any
new telecommunications tower shall be installed underground and in
compliance with all the laws, rules and regulations of the Town.
G.
Conflict. Where these regulations conflict with other
Town of Rush laws and regulations, the more restrictive shall apply,
except for telecommunications tower height restrictions which are
governed by these regulations.
H.
Exceptions. The following are excepted from the provisions
of this section:
[Amended 1-11-2023 by L.L. No. 3-2023]
(1)
Satellite antennas used exclusively for private and
personal use and situated on residential property.
(2)
Conventional television and radio antennas when used
exclusively for private benefit and attached to a dwelling less than
35 feet above existing grade.
(3)
Currently approved uses existing prior to the effective
date of these regulations.
(4)
The repair and maintenance of existing communications
towers and antennas.
(5)
Fire, police and other governmental dispatch communications.
(6)
Private and personal citizen's bands, amateur radio
and other similar private and personal communications.
(7)
Eligible facilities requests, as defined by 47 U.S.C.A. § 1455,
are exempt from requirements that they obtain site plan and/or special
permit approval from the Rush Planning Board. All eligible facilities
requests will still require a building permit and are to be made to
the Building Inspector. Before granting the building permit, the Building
Inspector shall, in conjunction with the Town Engineer, review the
request to ensure that it constitutes an eligible facilities request.
[Added 3-27-2019 by L.L.
No. 1-2019; amended 10-25-2019 by L.L. No. 4-2019]
A.
Purpose. The purpose of this section is to provide for the location,
regulation and processing of applications for solar energy systems
within the Town of Rush. The intent is to both encourage the use of
renewable energy systems based on sunlight while at the same time
protecting the health, safety and general welfare of the residents
of the Town of Rush. The protection of residential properties, agricultural
land, and the rural character of the Town are all of primary importance.
These regulations provide standards for the safe provisions of solar
energy systems in order to protect the natural and aesthetic character
of the Town of Rush with special attention to open space, vistas,
farmland, and neighboring property owners. The Town has identified
the use of overlay districts as a technique to designate the most
appropriate locations for the creation of Tier 3 solar energy systems
while at the same time implementing standards and safeguards necessary
to ensure protection of the Town, including residential properties
and agricultural land, and that such development is compatible with
the surroundings and with the character of the Town. Subject to the
requirements set forth in this section, the purpose of this section
is to permit appropriately sized Tier 3 solar energy systems in certain
areas of the Town and also protect certain residential districts and/or
hamlets located in the Town of Rush that contain more concentrated
residential areas, thereby limiting the cumulative impact of installed
Tier 3 solar energy systems in the Town of Rush.
B.
Enabling authority. The regulations contained in this section have
been adopted pursuant to New York Town Law §§ 261 through
263, New York State Municipal Home Rule Law § 10, Subdivision
1(ii)a(12), and Article IX, §§ 1(a) and 2(c), of the
New York State Constitution, and are made in accordance with the Town
of Rush Comprehensive Plan 2010 for the development of the Town of
Rush. The Planning Board is hereby authorized to review and approve,
approve with modifications, or disapprove site plans for solar energy
systems pursuant to the criteria set forth herein.
C.
BUILDING-INTEGRATED PHOTOVOLTAIC SYSTEM
GLARE
GROUND-MOUNTED SOLAR ENERGY SYSTEM
ROOF-MOUNTED SOLAR ENERGY SYSTEM
SOLAR ACCESS
SOLAR ENERGY EQUIPMENT
SOLAR ENERGY SYSTEM
(1)
(2)
(3)
SOLAR PANEL
STORAGE BATTERY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A combination of photovoltaic building components integrated
into any building envelope system, such as vertical facades, including
glass and other facade material, semitransparent skylight system,
roofing materials and shading over windows.
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 solar energy system that is anchored to the ground via
a pole or other mounting system, detached from any other structure,
which generates electricity for on-site or off-site consumption.
A series of solar panels located on the roof of any legally
permitted building and/or structure for the purpose of producing electricity
for on-site and/or off-site consumption.
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 energy storage devices, material, hardware, inverters
and/or other electrical equipment and conduit of photovoltaic devices
associated with the production of electrical energy.
An electrical generating system comprised of 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. The area of a solar energy system includes
all fencing and all the land inside the perimeter of the solar energy
system, which extends to any interconnection equipment. A solar energy
system is classified as a Tier 1, Tier 2, or Tier 3 solar energy system
as follows.
Tier 2 solar energy systems include ground-mounted solar energy
systems with system capacity up to 25 kW AC 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 are not included
in the list for Tier 1 and Tier 2 solar energy systems.
A photovoltaic device capable of collecting and converting
solar energy into electrical energy.
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 installed or modified after its effective date.
(2)
Any proposed Tier 3 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 shall
be subject to all substantive provisions of this section and the Town
Code of the Town of Rush.
(3)
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 of Rush Code.
E.
General requirements.
(1)
A building permit shall be required for installation of all
solar energy systems. All proposed ground-bounded foundations for
ground-mounted solar energy systems shall require evaluation and approval
by the Town Engineer.
(2)
Local land use boards are encouraged to condition their approval
of proposed developments on sites adjacent to solar energy systems
so as to protect their access to sufficient sunlight to remain economically
feasible over time.
(3)
The creation of a Solar Energy Systems Overlay District by the
Town Board, and/or issuance of special permits and site plan approvals
by the Planning Board, shall include review pursuant to the State
Environmental Quality Review Act ECL Article 8 and its implementing
regulations at 6 NYCRR Part 617 ("SEQRA").
F.
Permitting requirements for Tier 1 solar energy systems.
(1)
Roof-mounted solar energy systems and building-integrated photovoltaic
systems that use the electricity on-site or off-site only for net-metering
purposes are permitted as an accessory use in all zoning districts
when attached to any lawfully permitted building or structure.
(a)
Height. Roof-mounted solar energy systems shall not exceed the
maximum height restrictions of the zoning district within which they
are located.
(b)
Aesthetics. Roof-mounted solar energy system installations shall
incorporate, when feasible, the following design requirements:
[1]
Solar panels on pitched roofs shall be installed
at the same angle as the roof's surface with a maximum distance of
eight inches between the roof and highest edge of the system.
[2]
Solar panels on pitched roofs shall be installed
parallel to the roof surface on which they are mounted or attached.
[3]
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.
[4]
Glare: All solar panels shall have antireflective
coating(s) to reduce glare to the maximum extent practicable.
(2)
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 be exempt from site plan
review under the local Zoning Code or other land use regulations,
subject to the following conditions:
(a)
Setback. Ground-mounted solar energy systems shall adhere to
the setback requirements for accessory structures in the zoning district
within which they are located.
(b)
Height. Tier 2 solar energy systems shall be subject to have
a maximum height of eight feet.
(c)
All Tier 2 solar energy systems in residential districts shall
be installed in the rear yards. Tier 2 solar energy systems may not
be located between the front lot line and the rear line of the principal
structure.
(d)
Glare: All solar panels shall have antireflective coating(s)
to reduce glare to the maximum extent practicable.
(e)
Lot Size: Tier 2 solar energy systems shall comply with the
existing lot size requirement specified for accessory structures within
the underlying zoning district.
(f)
Screening and visibility.
[1]
All Tier 2 solar energy systems shall have views
minimized from adjacent properties to the extent reasonably practicable.
[2]
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. A landscape buffer shall be provided around
the Tier 2 energy system and solar panels to provide screening from
adjacent properties and public rights-of-way.
(g)
Tier 2 solar energy systems that have been abandoned and/or
not producing electricity for a period of six months shall be removed
by the property owner at the property owner's expense.
H.
Permitting requirements for Tier 3 solar energy systems.
(1)
Tier 3 solar energy systems are permitted through the creation
of a Solar Energy Systems Overlay District by the Town Board, and
through the issuance of special permit and site plan approval by the
Planning Board, and subject to the requirements set forth in this
section.
(2)
Escrow agreement. Subject to the requirements contained in § 100-21 of the Code of the Town of Rush, the Town shall require the applicant seeking to develop any Tier 3 solar energy systems to fund an escrow agreement or to sign a developer's agreement to cover the Town's estimated costs and expenses of review, including reasonable legal and engineering fees.
(4)
Location. Tier 3 solar energy systems may not be located in
or within 1,000 feet of R-20, R-MH, RR-5 or R-TH Zoning Districts
in the Town of Rush. Except in a Solar Energy Systems Overlay District
created by the Town Board pursuant to this section, Tier 3 solar energy
systems are prohibited as a principal or accessory use in all underlying
zoning districts in the Town. Notwithstanding the foregoing, any principal
or accessory use permitted in the underlying zoning district shall
also be permitted in the Solar Energy Systems Overlay District. Tier
3 solar energy systems shall not be located within the following areas
of potential sensitivity: i) 100-year flood hazard zones considered
an AE Zone on the FEMA Flood Maps; and ii) properties included on
the New York State or National Register of Historic Places, or otherwise
identified as, or eligible for inclusion as, historic and/or culturally
significant resources by the New York State Historic Preservation
Office. Significant archeological resources shall be protected and
preserved. Any mitigation measures proposed as part of the development
of a Tier 3 solar energy system shall be undertaken in consultation
with the New York State Historic Preservation Office or other similar
historic preservation authority.
(5)
Height. Tier 3 solar energy systems shall be no more than 12
feet in height.
(6)
Setback. Tier 3 solar energy systems shall adhere to the setback
requirements of 200 feet from all property lines.
(7)
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.
(8)
Lot coverage. A Tier 3 solar energy system shall not exceed
50% of the lot on which it is installed. The surface area covered
by solar panels shall be included in total lot coverage.
(9)
Tier 3 solar energy systems shall, to the extent practicable,
be designed in such a way as to allow agricultural use of the soil
after the system is decommissioned and implement the "Guidelines for
Agricultural Mitigation for Solar Energy Projects" issued by the New
York State Department of Agriculture and Markets for any solar energy
system which is to be located on or adjacent to property being actively
used for agricultural purposes.
(10)
A landscape buffer shall be provided around the Tier 3 energy
system to provide screening from adjacent properties. The Tier 3 solar
energy system shall be completely screened from any adjacent property.
To accomplish this screening, existing vegetation shall be utilized
to the fullest extent practicable and/or at least two rows of native
evergreen trees or other screening acceptable to the Planning Board
which is capable of forming a continuous hedge at least 14 feet in
height at planting shall be required and maintained. A two-year warranty
shall be provided for any screening installed as part of the Tier
3 energy system. The minimum screening requirement may be waived if
the Planning Board determines that some other suitable vegetation
or feature already exists to achieve complete screening.
(11)
Removal of trees and other existing vegetation shall be minimized
or offset with planting elsewhere on the property. Tier 3 solar energy
systems shall require the preparation of a vegetation management plan
that includes the planting and/or protection of pollinators and perennial
vegetation. Clear-cutting of trees beyond what is deemed necessary
by the Planning Board to install and maintain the Tier 3 solar energy
systems shall be prohibited.
(12)
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.
(13)
All on-site utility and transmission lines shall, to the extent
feasible, be placed underground.
(14)
Glare. All solar panels shall have antireflective coating(s)
to reduce glare to the maximum extent practicable.
(15)
Signage.
(a)
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.
(b)
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.
(17)
Decommissioning.
(a)
Solar energy systems that have been abandoned and/or not producing electricity for a period of one year shall be removed at the owner's and/or operator's expense, which at the owner's option may come from any security made with the Town of Rush as set forth in Subsection J(2) herein.
(b)
A decommissioning plan (see Appendix 1[1]) signed by the owner, and containing the following, in
addition to any such other terms and conditions as may be required
by the Town of Rush:
[1]
The cost of removing the solar energy system.
[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: The example decommissioning plan is included as an attachment to this chapter.
(c)
Security.
[1]
The deposit, executions, or filing with the Town
of Rush Clerk of cash, bond, letter of credit, or other form of security
reasonably acceptable to the Town of Rush Attorney and/or Engineer
shall be in an amount sufficient to ensure the good-faith performance
of the terms and conditions of the permit issued pursuant hereto,
or any Certificate of Environmental Compatibility and Public Need
issued by the Siting Board, and shall also be sufficient to provide
for the removal of all components of the solar energy system and restoration
of the site subsequent to removal. The amount of the security shall
be 125% of the cost of the 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
be reduced by the amount of the estimated salvage value of the solar
energy system.
[2]
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
of Rush, which shall be entitled to maintain an action thereon. The
cash deposit, amount due under the letter of credit, bond, or security
shall remain in full force and effect until restoration of the property
as set forth in the decommissioning plan is completed.
(18)
Creation of Solar Energy Systems Overlay District. The purpose
of the Solar Energy Systems Overlay District is to accommodate Tier
3 solar energy systems in appropriate locations within the Town. The
process necessary to create a Solar Energy Systems Overlay District
shall be as follows:
(a)
Application. Any application for the creation of a Solar Energy
Systems Overlay District shall be submitted to the Town Board and
contain the following information:
[1]
A site development plan, drawn to scale, prepared by a licensed engineer or architect, which graphically depicts proposed improvements to the property, including: topographical features, system footprints, travelways, access locations, drainage facilities, lighting, landscaping, buffering, fencing, and signs. Said concept site plan shall also depict existing improvements and contain all information required by § 120-69D(2) of the Town Zoning Law.
[2]
A completed Full Environmental Assessment Form.
[3]
Proof of ownership of the land proposed for creation
of the overlay district.
[4]
A description of the property, including a metes
and bounds description of the parcel.
(b)
Referral to Planning Board. The Town Board shall refer the application
to the Planning Board for review, which shall review the site development
plan and render its recommendations to the Town Board. The Planning
Board may recommend approval, disapproval or conditional approval
subject to modification(s) being made to the special permit application.
The Planning Board shall report its recommendation(s) to the Town
Board within 30 days of the referral by the Town Board, which time
period may be extended for an additional 30 days at the request of
the Planning Board. In reviewing the application and making its recommendations,
the Planning Board shall consider the following factors:
[1]
Whether the proposal meets the Town zoning and
planning goals for the area in question;
[2]
The need for the proposed use in the proposed location;
[3]
The existing character of the neighborhood in which
the use would be located;
[4]
The safeguards provided to minimize possible detrimental
effects of the proposed use on adjacent property;
[5]
Whether the proposal meets the intent and objectives
of this section; and
[6]
Whether the proposal is conceptually sound and
conforms to accepted design principals.
(c)
General Municipal Law § 239-m. Applications for the
creation of a Solar Energy Systems Overlay District shall be referred
to the Monroe County Planning Department in accordance with § 239-m
of the General Municipal Law.
(d)
Public hearing. The Town Board shall conduct a public hearing
on the Solar Energy Systems Overlay District application and site
development plan.
(e)
Subject to the requirements of SEQRA, the Town Board shall consider
the recommendations of Planning Board and render its decision by written
resolution on the application, also taking into account the following
additional factors:
[1]
Location, arrangement and appearance of the solar
energy system;
[2]
Adequacy, type and arrangement of screening/landscaping
constituting a visual buffer between adjacent uses and adjoining lands;
[3]
Location and adequacy of open space;
[4]
Projection of adjacent properties against glare,
unsightliness, or other objectionable features; and
[5]
Compliance with SEQRA.
(f)
Zoning for Solar Energy Systems Overlay District. If the Town
Board approves the application, the Town Board shall amend the Zoning
Map of the Town of Rush to establish and define the boundaries of
the Solar Energy Systems Overlay District.
(19)
Special permit approval required.
(a)
Tier 3 solar energy systems shall be required to obtain special permit approval from the Town Planning Board pursuant to § 120-69D of the Town Zoning Law, which shall be consistent with the site development plan approved by the Town Board as part of the creation of the Solar Energy Systems Overlay District.
(20)
Site plan approval required.
(a)
Tier 3 solar energy systems shall be required to obtain site
plan approval from the Town Planning Board, which shall be consistent
with the site development plan approved by the Town Board as part
of the creation of the Solar Energy Systems Overlay District.
(b)
The site plan application and its requirements for obtaining site plan approval (§ 120-69B of the Town Zoning Law) shall be supplemented by the following additional provisions:
[1]
If the property of the proposed project is to be
leased, legal consent between all parties, specifying the uses(s)
of the land for the duration of the project, including easements and
other agreements, shall be submitted.
[2]
Property lines and physical features, including
roads, for the project site.
[3]
Proposed changes to the landscape of the site,
grading, vegetation clearing and planting, exterior lighting, and
screening vegetation or structures.
[4]
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 overcurrent devices.
[5]
The equipment specification sheets shall be documented
and submitted for all solar panels, significant components, mounting
systems, and inverters that are to be installed.
[6]
Commissioning, property operation and maintenance
plan. Such a plan shall describe the commissioning of the Tier 3 solar
energy systems, continuing photovoltaic and battery maintenance, and
property upkeep, such as mowing and trimming.
[8]
Detailed plans and specifications for any proposed
fencing to be installed, including but not limited to the location(s),
height and type of fencing material(s) to be installed. Such plans
shall ensure perimeter security and safety for any and all beings.
[9]
Prior to the issuance of the building permit or
final approved by the Planning 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.
(21)
Ownership changes. If the owner or operator of the Tier 3 solar
energy system changes or the owner of the property changes, the successor
owner and/or operator shall assume in writing all of the obligations
of the Solar Energy Systems Overlay District, site plan approval,
and decommissioning plan. A new owner or operator of the Tier 3 solar
energy system shall notify the Code Enforcement Officer of such change
in ownership or operator within 30 days of the ownership change.
I.
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)
If storage batteries are included as part of the solar energy
system, they shall meet the requirements of any applicable fire prevention
and building code, and applicable federal, state or county laws or
regulations, when in use and, when no longer used, shall be disposed
in accordance with the laws and regulations of the Town of Rush and
any applicable federal, state, or county laws or regulations.
J.
Permit time frame and abandonment.
(1)
The special permit and site plan approval for a solar energy
system shall be valid for a period of 18 months, provided that a building
permit is issued for construction or construction is 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 of Rush may extend the time to complete the construction
for 180 days. If the owner and/or operator fails to perform substantial
construction after 24 months, the approvals shall expire.
(2)
Upon cessation of electricity generation of a Tier 3 solar energy
system on a continuous basis for 12 months, the Town of Rush shall
notify and instruct the owner and/or operator of the Tier 3 solar
energy system to implement the decommissioning plan. The decommissioning
plan must be completed within 360 days of notification.
(3)
If the owner and/or operator fails to comply with decommissioning
upon any abandonment, the Town of Rush 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.
K.
Complaints. The Town Board may set up a procedure for filing and
handling of complaints regarding the operation of Tier 3 solar energy
systems.
L.
Effect on other laws. To the extent that any law, ordinance, rule
or regulation, or parts thereof, are in conflict with the provisions
of this section (including all provisions of the Code concerning subdivision
or site plan applications, and applications to the Zoning Board of
Appeals), this section shall control.
M.
Enforcement. Any violation of this section shall be subject to the
same civil and criminal penalties as provided for in the zoning regulations
of the Town of Rush.
N.
Severability. If any provision of this section shall be adjudged
by any court of competent jurisdiction to be invalid, such adjudication
shall not affect, impair or invalidate the remainder thereof, but
shall be confined in its operation to the particular provision directly
involved in the controversy in which such judgment shall have been
rendered.
[Added 10-12-2022 by L.L. No. 7-2022]
A.
Legislative intent. The Rush Town Board finds and hereby determines
that regulating battery energy storage systems will provide for and
protect the public safety, welfare, health and well-being of the persons
and property in the Town of Rush. This section is adopted to advance
and protect the public health, safety, welfare, and quality of life
of Town residents by creating regulations for the installation and
use of battery energy storage systems, with the following objectives:
(1)
To provide a regulatory scheme for the designation of properties
suitable for the location, construction and operation of battery energy
storage systems;
(2)
To ensure compatible land uses in the vicinity of the areas
affected by battery energy storage systems;
(3)
To mitigate the impacts of battery energy storage systems on
environmental resources such as important agricultural lands, forests,
wildlife and other protected resources; and
B.
BATTERY(IES)
BATTERY ENERGY STORAGE SYSTEM
CELL
LARGE-SCALE BATTERY ENERGY STORAGE SYSTEM INSTALLATION(S)
SMALL-SCALE BATTERY ENERGY STORAGE SYSTEMS
Definitions. The following definitions shall apply to this section.
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.
A rechargeable energy storage system consisting of one or
more devices, assembled together, including batteries, battery chargers,
controls, power conditioning systems and associated electrical equipment
assembled together, capable of storing energy in order to provide
electrical energy at a future time, not to include a stand-alone twelve-volt
car battery or an electric motor vehicle.
The basic electrochemical unit, characterized by an anode
and a cathode, used to receive, store, and deliver electrical energy.
Any installation of a battery energy storage system having
an aggregate energy capacity of 600 kWh or more, consisting of electrochemical
storage batteries or similar technology, battery chargers, controls,
power conditioning systems, inverters, transformers, switchgears and
associated electrical equipment designed to store electrical power
received from a generating or transmission source and periodically
discharging power from the battery energy storage system into the
power grid for off-site consumption.
A battery energy storage system having an aggregate energy
capacity of less than 600 kWh, typically used to provide standby or
emergency power and/or an uninterruptable power supply, load shedding,
load sharing, or similar capabilities relating to the energy consumed
on site by a residence, farm operation or other business.
C.
Zoning districts where allowed. Battery energy storage systems shall
be allowed as follows:
(1)
Small-scale battery energy storage systems are allowed as accessory
uses in all zoning districts upon issuance of a building permit and
battery energy storage system permit from the Code Enforcement Officer.
(a)
Additionally, small-scale battery energy storage systems for business or farm operations, to the extent that the same require modification to the existing site of such business or farm, shall be subject to site plan review pursuant to § 120-69.
(b)
Compliance with regulatory agencies. The applicant is required
to obtain all necessary regulatory approvals and permits from all
federal, state, county and local agencies having jurisdiction and
approval powers related to the completion of small-scale battery energy
storage systems.
(2)
Large-scale battery energy storage system installation shall
not be permitted in any zoning district within the Town.
D.
General regulations. The placement, construction and major modification
of any permitted battery energy storage system within the Town shall
be permitted only as follows:
(1)
Issuance of permits and approvals by the Planning Board shall
include review pursuant to the State Environmental Quality Review
Act ("SEQRA").
(2)
Any inconsistent provisions of the Town Code which purport to
or may be interpreted to allow battery energy storage system (or similar
technology as a permitted primary or accessory use) are hereby superseded.
(3)
Battery energy storage systems constructed or installed prior
to the effective date of this section shall not be required to meet
the requirements of this section. Routine maintenance (including replacement
with a new system of like construction and size) shall be permitted
on such existing systems. New construction other than routine maintenance
on preexisting systems shall comply with the requirements of this
section.
(4)
All new permitted battery energy storage systems and all additions
and modifications to any preexisting battery energy storage systems
shall be designed, erected and installed in accordance with all applicable
codes, regulations and industry standards as referenced in the Uniform
Code, the Energy Code and all local laws, codes, rules and regulations
of the Town.
(5)
Any applications (including variance applications) pending for
battery energy storage systems on the effective date of this section
shall be subject to the provisions of this section.
E.
Safety.
(1)
System certification. Battery energy storage systems and equipment
shall be listed by a nationally recognized testing laboratory to UL
9540 (Standard for battery energy storage systems and equipment) or
approved equivalent, with subcomponents meeting each of the following
standards as applicable:
(a)
UL 1973 (Standard for Batteries for Use in Stationary, Vehicle
Auxiliary Power and Light Electric Rail Applications),
(b)
UL 1642 (Standard for Lithium Batteries),
(c)
UL 1741 or UL 62109 (Inverters and Power Converters),
(d)
Certified under the applicable electrical, building, and fire
prevention codes as required.
(e)
Alternatively, field evaluation by an approved testing laboratory
for compliance with UL 9540 (or approved equivalent) and applicable
codes, regulations and safety standards may be used to meet system
certification requirements.
(2)
Site access. Battery energy storage 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 fire department and emergency services.
(3)
Battery energy storage systems, components, and associated ancillary
equipment shall have required working space clearances, and electrical
circuitry shall be within weatherproof enclosures marked with the
environmental rating suitable for the type of exposure in compliance
with NFPA 70.
F.
Enforcement. Any violation of this section shall be subject to the
same enforcement requirements, including the civil and criminal penalties,
provided for in the zoning regulations of the Town.
[Added 7-12-2023 by L.L. No. 5-2023]
A.
The
Town Board finds that secondhand cannabis smoke is a nuisance and
disturbing to the general health, safety and welfare of Town residents.
The purpose of this section is to prohibit the smoking or vaping of
cannabis in certain public places in order to reduce exposure to secondhand
cannabis smoke and protect the public health, safety, and welfare
of Town residents.
B.
SMOKING
VAPING
Definitions.
The following definitions shall apply to this section.
The burning of a lighted cigar, cigarette, pipe or any other
matter or substance which contains cannabis, as defined in the Penal
Law of the State of New York, or cannabinoid hemp, as defined in the
New York State Marihuana Regulation and Taxation Act.
The use of an electronic cigarette.
C.
Prohibited.
No person shall smoke or vape cannabis while such person is in or
upon any public sidewalk, street, highway, parking lot, public park,
or such other public place as defined by the Penal Law of the State
of New York.
D.
Penalties.
Any person who violates any of the provisions of this section shall
be subject to a civil penalty of $25 or community service not to exceed
20 hours.