A. 
Compliance with other applicable laws and ordinances. Other federal, state and local laws and ordinances applicable to buildings, structures and uses shall be considered supplementary regulations to the extent that any permit issued or approval granted under this chapter shall be conditioned upon compliance with such other laws and ordinances, including, but not limited to:
(1) 
The New York State Uniform Fire Prevention and Building Code.[1]
[1]
Editor's Note: See Ch. 81, Fire Prevention and Building Code Enforcement.
(2) 
The New York State Public Health Law.
(3) 
The New York State Environmental Conservation Law.
(4) 
The Town of Brownville Sanitary Code Law.[2]
[2]
Editor's Note: See Ch. 124, Part 2, Sewers.
(5) 
The Town of Brownville Subdivision Control Law.[3]
[3]
Editor's Note: See Ch. 143, Subdivision of Land.
(6) 
The Town of Brownville Flood Damage Prevention Law.[4]
[4]
Editor's Note: See Ch. 85, Flood Damage Prevention.
(7) 
The Town of Brownville Ordinance Regulating Public Assemblies.[5]
[5]
Editor's Note: See Ch. 118, Public Assembly.
(8) 
The Town of Brownville Ordinance Regulating Dumps and Junkyards.[6]
[6]
Editor's Note: See Ch. 102, Junkyards and Dumps.
B. 
Maximum number of buildings and structures.
(1) 
The maximum number of buildings and structures to be located on a lot shall be limited so that:
(a) 
The total building area does not exceed the maximum lot coverage specified for the given district.
(b) 
Each building or structure complies independently with the district's minimum setback requirements, all applicable supplementary regulations and, when occupied or used by a special use, the standards applicable thereto.
(2) 
Minor accessory structures shall not be included in the computation to total lot coverage.
C. 
Maximum height of buildings and structures.
(1) 
No principal building or structure shall have an average height above surrounding grade in excess of 2 1/2 stories or 35 feet, whichever is less, except upon site plan approval by the Planning Board. Silos, flagpoles, utility poles, residential chimneys and roof-mounted radio and television antennae shall be exempt from these restrictions.
[Amended 9-21-2009 by L.L. No. 2-2009]
(2) 
Any building or structure thus approved or exempted for a greater height shall be designed, constructed and anchored to withstand toppling due to high winds or soil instability, collapse due to heavy loading of ice and snow or their structural failure. As part of site plan approval for such a building or structure, the Planning Board may require setback distances from adjacent property lines up to a distance equaling its height.
(3) 
Boathouses shall not exceed a height of 12 feet measured from the high water level on the water side of the boathouse.[7]
[Amended 9-2-2015 by L.L. No. 1-2015]
[7]
Editor's Note: Former Subsection C(3), regarding storage sheds, amended 6-1-1994 by L.L. No. 2-1994, was repealed 3-5-1997 by L.L. No. 2-1997. That local law also redesignated former Subsection C(4) as Subsection C(3).
D. 
Additional setback requirements. The following additional setback requirements shall apply in all districts:
(1) 
A detached accessory building or structure shall have a setback of at least 10 feet from any principal building or structure. When attached to a principal building or structure, an accessory building or structure shall be deemed part thereof.
(2) 
A boathouse may be located on any shoreline lot without a rear setback.[8]
[8]
Editor's Note: Former Subsection D(2), regarding storage sheds, was repealed 3-5-1997 by L.L. No. 2-1997. That local law also redesignated former Subsections D(3) and (4) as Subsections D(2) and (3), respectively.
(3) 
Minor accessory structures shall be exempt from all setback requirements, except as specifically provided for signs, fences, freestanding antennae and satellite dishes or as may be otherwise determined by the Planning Board as part of a site plan approval.
E. 
The maximum number of principal uses. There shall be no more than one principal use per lot (e.g. one, one-family home per residential lot or one home occupation per lot where permitted).
[Added 6-10-1992 by L.L. No. 2-1992]
F. 
Storage sheds.
[Added 3-5-1997 by L.L. No. 2-1997]
(1) 
Storage sheds shall be required to comply with all setbacks otherwise applicable to the district in which they are located.
(2) 
Height of storage shed shall be limited to 10 feet. In the event that a storage shed shall be built in excess of 10 feet tall, it must be set back an additional two feet for each additional foot of height.
(3) 
No storage shed shall be allowed in the front yard in any zoning district, with the exception of Residential Shoreline District and Residential Shoreline District 2 wherein sheds may not be located any closer to the shoreline than the closest part of the principal structure on the lot.
G. 
Temporary uses and structures. Temporary permits may be issued by the Zoning Enforcement Officer for a period not exceeding six months for nonconforming uses incidental to housing and construction projects, including such structures and uses as storage of building materials and machinery, the processing of building materials and a real estate office located on a tract being offered for sale, provided that such permits are conditioned upon agreement by the owner or operator to remove the structure or structures or use upon expiration of the permit. Such permits may be renewed upon application to the Zoning Enforcement Officer for an additional period of six months.
[Added 3-5-1997 by L.L. No. 2-1997]
A. 
Irregularly Shaped Lots. Irregularly shaped lots shall be considered a lot which is incapable, because of its configuration, to meet the minimum frontage or depth requirements. For subdivision purposes, such irregularly shaped lots may nonetheless still be subdivided provided they meet the following criteria;
[Amended 5-5-1993 by L.L. No. 2-1993; 2-2-2005 by L.L. No. 1-2005]
(1) 
The square footage of such lot shall meet the minimum square footage required in the appropriate zoning district defined as lot area.
(2) 
The lot shall be capable of producing a window for development when all setbacks are considered a minimum of 2,500 square feet.
(3) 
There shall be adequate and proper frontage on a road to provide safe vehicular access.
(4) 
There shall be sufficient area to provide for proper separation of wells and septic and to support a proper septic system.
(5) 
The width/depth ratio may deviate by up to 20% from the standard.
(6) 
The provisions of the subdivision shall not apply to properties in the Residential Shoreline District.
B. 
Lots served by public sewer and water within the Residential Neighborhoods (RN) and Hamlet (H) Districts. The minimum lot width, lot depth and side/rear setback requirements shall be reduced by 1/2. If the lots are served by public sewer and water, such lots shall be allowed an additional 10% of lot coverage.
C. 
Corner lots.
(1) 
A corner lot shall be subject to a front setback from each of the intersecting roads or highways. In such cases, the additional front setback shall be required in lieu of a side setback.
(2) 
A corner lot shall also be subject to a visibility triangle at the intersection wherein no fence, hedge, shrubs, advertising or business sign or other object that would obscure visibility shall exceed 2 1/2 feet in height. Said triangle shall be formed by connecting an imaginary line between a point in each right-of-way where such point is 30 feet from the point of intersection.
D. 
Lots with curvilinear front lot lines.
(1) 
The front lot line of a cul-de-sac lot or any other lot located on the outside radius of a road or highway curve shall be a minimum of 50 feet.
(2) 
The rear lot line of any lot located on the inside radius of a road or highway curve may be eliminated where the convergent side lot lines intersect.
(3) 
The front setback for any lot with a curved front lot line shall be measured along a curved line parallel to such front lot line.
E. 
Through lots. The front and rear setbacks for existing vacant through lots shall be determined by the Planning Board. Where new through lots are created through subdivision approval by the Planning Board, the front and rear setbacks for such lots shall be determined by the Planning Board as part of the subdivision approval procedure.
F. 
Residential infill lots. The front setback for a residential infill lot shall be determined by the average setback of existing residences on the same side of the road or highway within 300 feet. However, in no event shall the setback be less than 20 feet, nor shall a setback of greater than 60 feet be required.
G. 
Shoreline lots. Any principal building or structure to be located on a shoreline lot shall have a shoreline setback of not less than the average shoreline setback of existing principal buildings or structures on adjacent shoreline lots located within 75 feet of the vacant lot. In no event shall the shoreline setback thus determined be less that 7 1/2 feet, nor shall a shoreline setback of more than 40 feet be required.
[Amended 7-8-1992 by L.L. No. 5-1992]
H. 
Flag lots.
(1) 
The front lot line of a flag lot and the width of the access therefrom shall be a minimum of 50 feet. Such access width shall not be considered in determining the average lot width.
(2) 
The front setback distance shall be measured from that lot line of the main part of the flag lot which is closest to the road or highway providing access.
I. 
Access for future subdivision lots.
(1) 
Where new frontage lots are divided from a larger parcel by deed or subdivision, the remaining access to such parcel shall be a minimum of 50 feet in width.
(2) 
Where a new frontage lot thus divided is adjacent to the only access for future subdivision of the remaining parcel, the lot's side setback closest to such access shall be a minimum of 25 feet.
A. 
Location. An individual manufactured home shall be permitted as a one-family dwelling in any district.
B. 
Construction and installation. A manufactured home shall be subject to the following additional requirements:
(1) 
Gross floor area; roof requirements; age limit.
[Amended 1-3-2001 by L.L. No. 1-2001]
(a) 
Each manufactured home shall have a gross floor area of at least 720 feet and a pitched roof (at least three feet of rise for every 12 feet of run) composed of material customarily used on site-built homes, such as fiberglass, painted metal roofing, shake, asphalt or tile. A mobile home may be installed without a pitched roof, provided that such roof is added within 60 days.
(b) 
All used mobile/manufactured homes being placed in the Town will require inspection by a certified home inspector prior to site plan approval to insure the home meets standards. The mobile/manufactured home shall also require a county inspection for certificate of occupancy.
[Amended 9-21-2009 by L.L. No. 2-2009]
(2) 
Each mobile home shall have the hitch assembly and running lights removed and shall be installed with tie-down anchors to a foundation or stand, as follows:
(a) 
Mortared or bonded masonry blocks supported on a footer reaching below the frost line;
(b) 
A full concrete slab or reinforced concrete runners four feet wide extending the full length of the mobile home, at least six inches thick and supported by at least six inches of compacted crusher run stone; or
(c) 
At least 10 inches of compacted crusher-run stone.
(d) 
All used mobile/manufactured homes being placed in the Town will require inspection by a certified home inspector prior to site plan approval to insure the home meets standards. The mobile/manufactured home shall also require a county inspection for certificate of occupancy.
[Amended 1-3-2001 by L.L. No. 1-2001; 9-21-2009 by L.L. No. 2-2009]
(3) 
Within 60 days from the date of installation, a mobile home placed on a stand shall be provided with permanent fire retardant skirting of a type appearing compatible with the mobile home.
A. 
Location. No freestanding radio or television antenna or satellite dish shall be placed in any front yard, except when a rear or side yard placement is impractical due to inadequate yard area or poor reception. No freestanding antenna shall exceed the height of the principal building by more than 10 feet, except upon site plan approval by the Planning Board. The arc of movement of a satellite dish shall comply with the required side and rear setbacks.
B. 
Safety. Each freestanding antenna or dish shall be securely mounted on a concrete base adequate to support the unit and to prevent it from toppling under heavy winds.
C. 
Cables. All cable to the unit shall be buried underground.
A. 
A home occupation may be conducted as an accessory use for any dwelling unit, subject to the following restrictions:
(1) 
It shall be conducted entirely within the dwelling unit or an accessory building thereto.
(2) 
It shall not occupy more than 25% of the floor area of such dwelling unit or more than 50% of a structure accessory thereto.
(3) 
It shall be conducted only by a person or persons residing in the dwelling unit, and no more than one person not residing therein shall be employed to work on the premises.
(4) 
It shall not produce objectionable odors, noise, traffic or unsightly conditions. There shall be no visible indication of the home occupation being conducted, except a sign as permitted under § 165-26 of this Article.
B. 
The following shall not be allowed as home occupations:
(1) 
Kennels.
(2) 
Dentist's or doctor's offices.
(3) 
Barbershops or beauty salons.
(4) 
Group instruction for dance, music, art, crafts or similar activities involving more than two persons per class.
(5) 
Machine shops, welding shops or motor vehicle repair shops.
A. 
Regulations applicable to all signs.
(1) 
Zoning permit. No sign shall be erected on any lot in any district without a zoning permit, unless such sign is listed as an exempt sign under Subsection D of this section.
(2) 
Calculation of sign area. The sign shall be calculated to include any frame around the sign face. The area of a double-faced sign shall be calculated as the area of the larger fact. When individual letters, numbers, symbols or logos are to be mounted directly to the face a building or structure, the sign area shall be calculated as the area of the smallest rectangle which will encompass such letters, symbols, etc. Maximum sign area shall be the limit on area per face.
(3) 
Safety. All signs shall be appropriately constructed and securely supported, hung or otherwise affixed to prevent toppling or separation in high winds.
(4) 
Illumination.
(a) 
An illuminated sign shall not employ flashing or intermittent light and shall not cause glare that would hamper a motorist's sight or spill excessive light onto an adjacent residential property.
(b) 
All internally illuminated signs shall be constructed in compliance with the Standards for Electric Signs of Underwriters' Laboratories, Inc. (UL No. 48), and shall bear the Underwriters' Laboratories seal. If a sign does not bear such seal, it shall be inspected and certified by the New York Board of Fire Underwriters. All transformers, wires and related items shall be concealed.
(5) 
Movement. No sign shall contain or consist of banners, ribbons, pennants, streamers, spinners or any other oscillating, rotating or moving components.
(6) 
Maintenance. Each sign erected after the effective date of this chapter shall be maintained in reasonable condition so that its appearance will not detract from visual quality in the district or the town.
(7) 
Nonstructural signs. Any nonstructural sign painted, pasted or otherwise affixed to the outer face of any building or structure shall comply with the regulations of this section in the same manner as a structural sign. No nonstructural sign shall be allowed on any tree, rock face or other natural feature.
(8) 
Off-premises signs. No off-premises signs shall be allowed, other than as provided for certain exempt signs.
(9) 
Removal of signs. When the use of a building, structure or lot has ceased, the property owner or their person responsible shall remove any signs left thereon, and any nonconforming sign supports therefor shall be removed within 90 days. Any conforming sign supports shall be removed if not used for a period of more than two years.
B. 
Freestanding signs. Except as otherwise provided under Subsection D of this section, all freestanding signs shall comply with the following:
(1) 
Maximum number per lot. No more than one freestanding sign shall be permitted on any lot, except a corner lot or through lot. A second freestanding sign shall be permitted on a corner lot or through lot for the sole purpose of identifying access to the site from the second road or highway serving such lot.
(2) 
Maximum sign area.
(a) 
Business or industrial uses. A freestanding sign for business or industrial use shall be permitted an area of 24 square feet, plus four square feet for each 2,500 square feet of gross floor area (GFA) on the lot, up to a maximum sign area of 40 square feet. On a corner lot or through lot, the area of the one additional sign permitted shall not exceed one-half (1/2) of the allowable area of the first sign.
(b) 
Other uses. The maximum area of freestanding signs for other uses shall not exceed 16 square feet.
(3) 
Maximum height. The height of a freestanding sign shall not exceed 20 feet above the surrounding grade.
(4) 
Location.
(a) 
No part of a freestanding sign shall be less than 10 feet from the road right-of-way.
(b) 
No freestanding sign shall be located such that its face would obscure the line of sight of motorists either across the visibility triangle of a corner lot or near a site's access or egress points.
(c) 
No freestanding sign shall obscure a scenic view unless there is no other practical location available. In such event, all reasonable effort shall be made to minimize the visual impact in terms of size, height, type of materials used and landscaping.
(d) 
No zoning permit shall be issued for a freestanding sign where its location has not been approved by the Planning Board as part of site plan approval.
(5) 
Wiring. All wiring to freestanding signs shall be buried underground.
C. 
Building-mounted signs. Except as otherwise provided under Subsection D of this section, all building-mounted signs shall comply with the following:
(1) 
Maximum sign area.
(a) 
Business or industrial uses. The total area of signs mounted on a building used for business or industry shall not exceed one square foot of sign area for each linear foot of the use's storefronts or building faces oriented towards a road right-of-way.
(b) 
Other uses. The total area of signs mounted on a building used for uses other than business or industry shall not exceed one-half (1/2) square foot of sign area for each linear foot of the use's storefronts or building faces oriented towards a road right-of-way.
(2) 
Maximum height. The vertical dimension of a building-mounted sign's face shall not exceed two feet, plus an additional one-half (1/2) foot for each 25 feet of setback from the road right-of-way.
(3) 
Roof signs. No part of a roof-mounted sign or its frame shall extend above the highest elevation of the roof.
(4) 
Projecting signs. No building-mounted sign shall extend more than five feet from any building or structure.
D. 
Exempt signs. The signs listed hereunder shall be exempt from site plan approval and zoning permit requirements. Such signs shall be on-premises, nonilluminated and in compliance with the regulations under Subsections A through C of this section, unless otherwise indicated. The singular indicates that only one sign is allowed.
(1) 
Historical signs, memorial signs and emblems of government agencies and/or a religious institution or nonprofit organization sign; sign area not to exceed six square feet.
(2) 
Flags and insignia of any government not displayed as a commercial promotion.
(3) 
Warning signs and directional signs for the convenience of the general public; sign area not to exceed two square feet and height not to exceed six feet above grade.
(4) 
A residential house number and/or name plate; sign area not to exceed two square feet.
(5) 
A home occupation sign; sign area not to exceed four square feet.
(6) 
Garage or lawn sale signs, an auction sign or similar privately owned items for-sale signs, which may be on- or off-premises and shall be removed within one week of the sale.
(7) 
A limited business sign; sign area not to exceed 16 square feet.
(8) 
Temporary "for sale" and "for rent" signs for the real estate or premises on which the sign is located; sign area not to exceed six square feet for a one- or two-family dwelling, 12 square feet for a multiple family dwelling or 24 square feet for any other use or combination of uses; and sign shall be removed within one week after the sale or rental occurs.
(9) 
A motor vehicle inspection station sign, gasoline pump price signs or other signs required by state or federal law; sign area not to exceed the minimum area required thereby.
(10) 
Directional signs for meetings, conventions or their events; sign area not to exceed 12 square feet. Signs may be on- or off-premises and shall be removed within one week after such meeting, convention or event concludes.
(11) 
Election posters, banners and similar signs; sign area not to exceed four square feet on any residential property or 16 square feet on any other property. Signs may be on- or off-premises, shall be limited to a period of up to 60 days prior to a primary, district or general election and shall be removed within one week thereafter.
A. 
General requirements for off-street parking facilities.
(1) 
No parking facility shall be located within the right-of-way of a public road or highway.
(2) 
Each parking facility shall be constructed to all-weather standards with at least six inches of compacted crusher-run stone. Such facility shall be adequately drained and maintained free to bumps, ruts or other problems which could diminish the safety, ease or convenience of its use.
(3) 
The minimum separation between any parking facility and the nearest external property line or the road right-of-way shall be 10 feet, except when greater separation is required for a site plan or special use.
(4) 
A parking space shall measure at least nine feet by 18 feet.
(5) 
Each parking space shall be served by a parking aisle, except when it is part of a driveway for a one- or two-family dwelling. A required parking aisle shall have a minimum width according to parking angle, as follows:
(a) 
Twenty-five feet for ninety-degree parking.
(b) 
Twenty feet for sixty-degree parking.
(c) 
Eighteen feet for forty-five-degree parking.
B. 
Parking spaces required by type of use. Each use shall be provided with the minimum number of parking spaces specified below:
[Amended 9-21-2009 by L.L. No. 2-2009]
Use
Parking Space
Animal care facilities
4 spaces per veterinarian, plus 1 per employee
Barbershops, beauty salons or similar uses
3 spaces per barber, beautician or other person providing cosmetic service
Doctors'/dentists' offices
5 spaces per doctor/dentist, plus 1 per employee
Funeral homes
1 space for each 3 seats1
Home occupations
2 spaces (or 3 with an employee living off-premises)
Hotels or motels
1 space for each sleeping room up to 20 rooms, plus 2 for each 3 additional rooms thereafter, plus 1 for each 3 seats1 (banquet or meeting room)
Institutional uses
1 space per 200 square feet of gross floor area (offices), plus 1 for each 5 beds (medical care), plus 1 for each 3 seats1 (public assembly), plus 1 per employee
Laundromats
2 spaces for each 3 washers
Limited businesses
3 spaces, plus 1 per employee living off-premises
Offices, banks or administrative nonretail uses
3 spaces, plus 1 space per 250 square feet of gross floor area
One-, two- or multiple-unit family dwellings
2 spaces per dwelling
Recreation facilities, indoor or outdoor
1 space for each 2 participants, plus 1 space for each 3 spectators1
Restaurants, bars, night clubs or similar establishments
1 space for each 3 seats,1 plus 1 per employee
Retail stores/shops up to 20,000 square feet of gross floor area
1 space per 150 square feet of gross floor area, plus 1 per employee
Rooming or boarding houses
1 space per sleeping room
Shopping centers
1 space per 200 square feet of gross floor area
All other uses
2 spaces for each 3 employees based on a maximum shift, plus 1 per 200 square feet gross floor area (if retail sales areas are involved), plus 1 for each 3 seats1 (if public assembly is involved)
NOTES:
1 Based on maximum capacity.
C. 
Loading facilities.
(1) 
Each building or structure having a gross floor area (GFA) greater than 5,000 square feet and used or intended to be used for any industrial or business use involving the receipt and/or distribution of materials by delivery trucks and/or tractor trailers shall be provided with one or more loading docks or berths.
(2) 
The number, size and location of such docks or berths shall be determined through site plan approval. All such facilities shall have adequate space for loading or unloading vehicles without using any portion of a public road right-of-way or blocking any internal driveway.
A. 
The designated Freshwater Wetlands of Dexter Marsh and Sherwin Bay Marsh shall be subject to a special wetland buffer measuring 200 feet from their boundaries.
B. 
Any proposed development or land use activity that would be located within a special wetlands buffer shall be subject to prior site plan approval by the Planning Board.
A. 
Fences. Fences may be erected on any lot in any district. With the exception of fences for an agricultural use, all fences shall be subject to a zoning permit issued for compliance with the following restrictions:
(1) 
No fence shall exceed six feet in height, except pursuant to site plan approval.
(2) 
No fence located within the minimum front setback shall exceed four feet in height, or two and one-half (2 1/2) feet in height within the visibility triangle of a corner lot. Any fence on the shoreline shall not exceed four feet in height within 20 feet of the high-water mark.
[Amended 6-1-1994 by L.L. No. 2-1994]
B. 
Lighting. All outside lighting shall be located, directed or shielded in a manner that will prevent bothersome glare from spilling into an adjacent dwelling or a public road or highway.
C. 
Vegetative cover. The stripping of vegetative cover shall be prohibited on any lot in any district, except for a customary agricultural operation, a landscape nursery, development or grading of an individual lot, installation of subdivision improvements or public utility facilities or private gardening. Any area thus stripped of vegetative cover and not planted with crops, plants or other nursery stock shall be seeded and covered with clean straw within three weeks from the date of completion of such work. Where weather conditions or the duration of the work would make seeding impractical and thus leave bare soil exposed to erosion for longer than six weeks, such soil shall be covered with clean straw until seeded and covered again.
D. 
Private roads and rights-of-way. No fence shall be erected within 12 1/2 feet of the center line of a private road or right-of-way or road. Any existing fences existing within 12 1/2 feet of a private road or right-of-way shall be removed and abated no later than January 1, 2007.
[Added 11-8-2001 by L.L. No. 3-2001]
[Amended 6-10-1992 by L.L. No. 2-1992; 9-21-2009 by L.L. No. 2-2009]
A. 
Camping. No travel trailers, campers, motor homes or tents shall be used for overnight camping, except as follows:
(1) 
Tents allowed on private lot provided that occupancy is limited to personal use (property owner or others with owner's consent) and not conducted as a business; and further provided that sewage disposal and water supply facilities are either self-contained or available within an existing dwelling on the subject lot or one adjacent thereto.
(2) 
Campers.
(a) 
Residential properties.
[1] 
One recreational camper may be stored outside as an accessory use to a principal building existing on the same lot if owned by the real property owner or his tenant, or by an immediate family member residing on the real property. No external modifications or additions may be made to any recreational camper.
[2] 
One recreational camper may be occupied on any parcel of land owned by the registered recreational camper's owner or by a member of his immediate family upon evidence that the owner can meet the following conditions:
[a] 
Adequate potable and sanitary water supply.
[b] 
Adequate septic and sewage facilities for the actual use and demand.
[c] 
The lot area and setbacks for the applicable zone must be met.
[d] 
The recreational camper must remain registered, licensed, and inspected for highway use.
[e] 
At all times the recreational camper must remain capable of use on public highways.
[f] 
No recreational camper shall be located any closer to the shoreline than the closest part of the principal structure on the lot or the principal structure of any adjoining properties.
(b) 
Vacant properties.
[1] 
No external modifications or additions may be made to any recreational camper. If no principal building or structure occupies the same lot or parcel, no buildings or structures defined as accessory building or structures may be placed on that lot or parcel.
[2] 
One recreational camper may be located on any vacant parcel of land owned by the registered recreational camper's owner or by a member of his immediate family for no more than 30 days. After 30 days, a recreational camper permit is to be issued by the Zoning Enforcement Officer upon evidence that the owner can meet the following conditions:
[a] 
The recreational camper may not be located on the premises from December 1 until March 31.
[b] 
Adequate potable and sanitary water supply.
[c] 
Adequate septic and sewage facilities for the actual use and demand.
[d] 
The lot area and setbacks for the applicable zone must be met.
[e] 
The recreational camper must remain registered, licensed and inspected for highway use.
[f] 
At all times the recreation camper must remain capable of use on public highways.
[g] 
The permit shall be for April 1 through November 30 and shall be prominently displayed on the recreational camper so that it may be seen from the exterior of the vehicle.
[h] 
No recreational camper shall be located any closer to the shoreline than the closest part of the principal structure of any adjoining properties.
(3) 
Any recreational camper which as of the date of adoption of this section are not in compliance shall have 100 days from adoption to come into compliance.
(4) 
Campground. In a campground for which a special use permit and site plan have been approved by the Planning Board.
B. 
Interim dwelling. The Zoning Officer may issue a zoning permit for the temporary installation of a mobile home to be used and occupied as an interim dwelling during construction of a new site-built residence or reconstruction of an existing residence which has been destroyed or rendered uninhabitable by fire, flood or other hazard. Issuance of a zoning permit for an interim dwelling shall be subject to the following:
(1) 
Issuance of a zoning permit for the site-built residence shall be required prior to issuance of a zoning permit for the interim dwelling.
(2) 
The mobile home installation shall comply with all applicable provisions of this chapter with the following exceptions regarding § 165-23 of this Article:
(a) 
Removal of the hitch assembly and running lights shall not be required.
(b) 
Skirting shall not be required.
(3) 
The zoning permit for the interim dwelling shall be marked "temporary" and shall expire 24 months from date of issuance. The Zoning Officer shall revoke such permit if either of the following occurs:
(a) 
A building permit for the construction or reconstruction has not been issued within six months.
(b) 
The actual construction or reconstruction has not commenced within 12 months.
(c) 
The residence is constructed or reconstructed and ready for occupancy before the permit expires.
(4) 
The interim dwelling shall be removed within 30 days of expiration or revocation of the temporary permit.
A. 
The minimum lot area shall contain at least 15,000 square feet per dwelling unit (7,500 square feet per unit if served by public sewer and water facilities).
B. 
All buildings and structures shall be located at least 50 feet from any adjacent residential property line and at least 20 feet from any other side or rear property line.
C. 
All internal driveways and parking areas shall be located at least 25 feet from any adjacent residential property line and provided with a suitable buffer therefrom. Parking areas shall be located at least 40 feet from the road right-of-way and at least 15 feet from any other external property line.
D. 
At least 25% of the lot area shall be retained in one or more outdoor recreation areas suitable for the residents of the multiple-family dwellings. Such recreation areas shall be located at least 50 feet from any adjacent residential property line and provided with a suitable buffer therefrom.
A roadside produce stand may be located with a setback of 20 feet from the road right-of-way, provided that such stand and any parking therefor is located at least 75 feet from any external side property line.
Any outdoor recreation activity proposed as an accessory use for a permitted site plan use shall be located at least 75 feet from any external side or rear property line and provided with a suitable buffer therefrom.
[Added 4-2-1997 by L.L. No. 3-1997]
A. 
Flea markets shall be permitted only in the AR-3 District and only following site plan review and approval by the Town Planning Board.
B. 
In determining whether to grant such approval, the Planning Board shall give substantial weight to the following factors:
(1) 
Suitability of the use to the general neighborhood and adjacent properties.
(2) 
Any adverse effect upon public safety, particularly as related to possible traffic and pedestrian hazards.
(3) 
Any adverse effect on public health, such as vermin and litter.
(4) 
Any public nuisance arising from the proposed use.
(5) 
Any adverse effect upon the aesthetics or scenic environment of the area.
C. 
Any flea market facility shall be so designed, buffered and screened so that noise, odors, litter, dust or lighting glare shall not affect adjacent or nearby properties.
D. 
All sanitary facilities shall be built and maintained in accordance with the regulations of the New York State Departments of Health and Environmental Conservation.
E. 
Off-street parking facilities shall be provided in accordance with the requirements of § 165-27 of this article.
F. 
All signs shall be designed, built and maintained in accordance with the requirements of § 165-27 of this chapter.
G. 
All buildings, structures and accessory uses shall be set back a minimum of 50 feet from the front line and 100 feet from all other property lines.
[Added 10-7-1998 by L.L. No. 2-1998]
A. 
Shared use and preexisting structures.
(1) 
At all times, shared use of existing towers shall be preferred to the construction of new towers. Additionally, where such shared use is unavailable, location of antennas of preexisting structures shall be considered. An applicant shall be required to present an adequate 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.
(2) 
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 be responsible for all fees and costs of adapting an existing tower or structure to a new shared use.
(3) 
Location on existing towers or structures shall be allowed by issuance of a building permit, provided that the new facilities do not cause any nonconformities.
B. 
New towers.
(1) 
The Board shall consider a new tower only when the applicant demonstrates that shared use of existing tall structures and existing or approved towers is impractical. An applicant shall be required to present an adequate report inventorying all existing tall structures and existing or approved towers within a reasonable distance of the proposed site. This distance shall be determined by the Board in consultation with the applicant. The report shall outline opportunities for shared use of the existing facilities as an alternative to a proposed new tower. The report shall demonstrate good faith efforts to secure shared use from the owner of each existing tall structure and existing or approved tower, as well as documentation of the physical, technical and/or financial reasons why shared use is not practical in each case. Written requests and responses for shared use shall be provided.
(2) 
The applicant shall design a proposed new tower to accommodate future demand for reception and transmitting facilities. The applicant shall submit to the Board a letter of intent committing the owner of the proposed new tower, and his/her successors in interest, to negotiate in good faith for shared use of the proposed tower by other telecommunication providers in the future. Failure to abide by the conditions outlined in the letter may be grounds for revocation of the site plan approval. The letter shall commit the new tower owner and his/her successors in interest to:
(a) 
Respond within 90 days to a request for information from a potential shared-use applicant.
(b) 
Negotiate in good faith concerning future requests for shared use of the new tower by other telecommunication providers.
(c) 
Allow shared use of the new tower if another telecommunication provider agrees in writing to pay reasonable charges. The charge may include but is not limited to a pro rata share of the cost of site selection planning, project administration, land cost, site design, construction and maintenance financing, return on equity and depreciation, and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference. No portion of the tower itself may be used for signage or advertising. A sign not to exceed 32 square feet shall be permissible on accessory buildings or fences.
(3) 
New tower design. The design of a proposed new tower shall comply with the following:
(a) 
Any new tower shall be designed to accommodate future shared use by other telecommunication providers.
(b) 
The Board may request a review of the application by a qualified engineer in order to evaluate the need for, and the design of, any new tower.
(c) 
No portion of the tower itself shall be used for signage or other advertising purposes. A sign not to exceed 32 square feet shall be permitted on accessory buildings or fences.
(4) 
Setbacks and lot size.
(a) 
The setback for towers shall be 110% of the tower's height, unless the developer can provide an engineer's report indicating a smaller debris fall zone; then a smaller setback can be provided.
(b) 
Guy wire anchors shall be set back from property lines the same distance as accessory structures.
(c) 
Minimum lot size will be determined by setback requirements.
(d) 
Accessory buildings shall meet the minimum setback for accessory structures in the underlying district.
(e) 
If the project property is leased, then any required setbacks shall be measured from the lease lines as identified on the site plan.
(5) 
Aesthetics. In order to minimize any adverse aesthetic effect on neighboring residences to the extent possible, the Planning Board may impose reasonable conditions on the applicant, including the following:
(a) 
The Planning Board may require a monopole or guyed tower (if sufficient land is available to applicant) instead of a freestanding communications tower.
(b) 
The Planning Board may require reasonable landscaping consisting of trees or shrubs to screen the base of the communications tower and/or to screen the tower to the extent possible from adjacent residential property. Existing on-site trees and vegetation shall be preserved to the maximum extent possible.
(c) 
The Planning Board may require the applicant to show that it has made good faith efforts to collocate on existing towers or other available and appropriate structures and/or to construct new towers near existing towers in an effort to consolidate visual disturbances. However, such request shall not unreasonably delay the application.
(d) 
Towers should be designed and sited so as to avoid, whenever possible, application of Federal Aviation Administration (FAA) lighting and painting requirements. Towers shall not be artificially lighted except as required by the Federal Aviation Administration (FAA). Towers shall be painted a galvanized finish or matte gray unless otherwise required by the FAA. The Board reserves the right to require lighting for safety purposes, even if not required by FAA regulations.
(e) 
No tower shall contain any signs or advertising devices.
(6) 
Accessory facilities. Accessory facilities shall maximize use of building materials, colors and textures designed to blend with the natural surroundings.
(7) 
Vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible.
(8) 
Access and parking. A road and parking will be provided to assure adequate emergency and service access.
(9) 
Fencing. The tower or facility and any accessory structures, including guy anchors, shall be adequately enclosed by a fence, a minimum of eight feet in height, design of which shall be approved by the Board. This requirement may be waived by the Board if the applicant demonstrates that such measures are unnecessary to ensure the security of the tower or facility.
(10) 
Radio-frequency effects. The Planning Board recognizes that federal law [Telecommunications Act of 1996, Public Law 104-104, Section 704 (February 8, 1996] prohibits the regulation of cellular and Personal Communications Systems (PCS) communications towers based on the environmental effects of radio frequency emissions where those emissions comply with the Federal Communications Commission (FCC) standards for those emissions. The Planning Board may, however, impose a condition on the applicant that the communications antennas be operated only at Federal Communications Commission (FCC) designated frequencies and power levels.
C. 
Removal. The applicant shall submit to the Board a letter of intent committing the tower or facility owner, and his/her successors in interest, to notify the Enforcement Officer within 30 days of the discontinuance of use of the tower or facility. This letter shall be filed with the Enforcement Officer prior to issuance of a permit. obsolete or unused towers or facilities and accessory structures shall be removed from any site within four months of such notification. Failure to notify and/or remove the obsolete or unused tower or facility in accordance with these regulations shall be a violation of this chapter.
D. 
Intermunicipal notification. In order to keep neighboring municipalities informed, and to facilitate the possibility of directing that any existing tall structures or existing towers in a neighboring municipality be considered for shared use, the Board shall require that:
(1) 
An applicant who proposes a tower or facility shall notify, in writing, the legislative body of each municipality within the Town and each municipality that borders the town, the Jefferson County Planning Department and the Director of Jefferson County Emergency Services. Notification shall include the exact location of the proposed tower or facility and a general description of the project, including but not limited to the height of the tower or facility and its capacity for future shared use.
(2) 
Documentation of this notification shall be submitted to the Board at the time of application.
E. 
Notification of landowners. The applicant shall be required to mail notice of the public hearing directly to all landowners whose property is located within 500 feet of the lot line on which a tower or facility is proposed. Notification, in all cases, shall be made by certified mail at least 10 days prior to the public hearing or after public hearing or issuance of permit.
F. 
Additional submission requests.
(1) 
In addition to the site plan review requirements, the applicant shall be required to submit:
(a) 
A completed visual environmental assessment form (visual EAF addendum).
(b) 
A Federal Communications Commission (FCC) license.
(c) 
Documentation on the proposed intent and capacity of use, as well as a justification for the height of any tower or facility and justification for any vegetative clearing required.
(2) 
The Board may require the applicant to submit:
(a) 
A zone of visibility map showing locations from which the tower or facility may be seen.
(b) 
Assessment of the visual impact of the tower or facility base, guy wires, accessory structures and overhead utility lines from abutting properties and roads.
[Added 6-5-2002 by L.L. No. 2-2002]
A. 
Buildings, occupancies and general exterior storage sites which, by their very nature, occupancy or use can contribute to a loss of life or create a potential environmental hazard.
B. 
Materials not otherwise covered in this article which are highly flammable; or which may react to cause fires or explosions; or which by their presence create or augment a fire or explosion hazard; or which, because of their toxicity, flammability or liability to explosion, render fire fighting abnormally dangerous or difficult.
C. 
Flammable liquids which are chemically unstable and which may spontaneously form explosive compounds or undergo spontaneous reactions of explosive violence or with sufficient evolution of heat to be a fire hazard.
D. 
Any chemical compound (example NACI) which, if allowed to permeate the ground, would contaminate the groundwater.
E. 
Underground storage facilities: new installations. Included in the application must be a description for any new installation to be constructed and how it will afford maximum reasonable protection available against leakage or spillage of any toxic or hazardous material.
F. 
Aboveground storage facilities: new installations. Included in the application must be shown the following:
(1) 
The design, constructions and maintenance of the tank or other storage in a manner which will prevent discharge of fluids contained to either the land or surface waters on the property.
(2) 
The constructions of impervious dikes surrounding the tanks or other storage facilities as required on the other appropriate protective devices. Refer to Subsection I, Additional requirements.
(3) 
Drainage control from the dike area.
(4) 
Overfill detection system.
G. 
Portable containers and tanks: storage. The application must show that the hazardous material will be stored on a nonpermeable chemical resistant surface compatible with the matter being stored. It should also show that the storage area is completely enclosed with an impervious berm. It should show that indoor storage will be required. In case of outdoor storage, this will be allowed only upon the written permission of the Town Engineer of the Town of Brownville and the Town Planning Board.
H. 
The applicant must show:
(1) 
That storage sites for hazardous materials must be posted with warning notices and safety information.
(2) 
That storage facilities and piping must be clearly labeled with the contents near points of filling and drawing and on the individual aboveground tanks or storage facilities.
(3) 
That any unauthorized discharge or spill of hazardous material will be reported to the state and federal authorities within two hours of detection.
(4) 
That upon a discharge or spill of hazardous material, the owner of the facility must take immediate steps to stop the discharge, reclaim or properly dispose of the discharge materials, restore the environment and repair any physical damage caused by the discharge.
I. 
Additional requirements.
(1) 
All storage, handling, transport and transfer of hazardous material must comply with all state and federal regulations as well as comply with generally accepted standards.
(2) 
No open storage whatsoever; this includes materials on motor vehicles or other means of transport.
(3) 
All off- and onloading of solid chemicals must occur within the storage building.
(4) 
Building to be designed by a New York State licensed engineer/architect. Said design to comply with all federal, state and local regulations. Said design will be reviewed by the Town Engineer at the applicant's expense. The Town Engineer will notify the Town of his comments. The Town Engineer will not be involved in any manner except to review the completed plans submitted by the applicant.
(5) 
In the event of a conflict between regulations established by the federal, state or local government, the most restrictive regulation will take precedence over all other regulations.
(6) 
The building to be constructed will be designed so that the floor of the building will be a minimum of five feet below grade.
(7) 
Building will have a three-foot berm surrounding the building except for the truck entrance.
(8) 
A nonpermeable liner will be installed under the building floor and extend up to the top of the surrounding berm.
(9) 
All trucks or motor vehicles operating in conjunction with the business will comply with all federal and State of New York motor vehicle regulations.
(10) 
A buffer zone will be established around the perimeter of the parcel being used. The buffer shall consist of evergreen/cedar hedge-type plants. Plants will be located approximately eight feet within the property line and planted at no greater than 10 feet on center. The buffer zone must be 1,000 feet from any residentially used property.
(11) 
In addition to the above requirements/regulations, hazardous material storage facilities will comply with § 165-41, Special use permit approval. See § 165-41B, General standards for all special uses.
[Added 9-21-2009 by L.L. No. 2-2009]
Setbacks for open burning and recreational fires, including fire pits, burning barrels, chimineas, etc., shall not be within the setbacks for the zoned area. Open burning and recreational fires must also comply with all applicable provisions to the New York State Fire Code, which specifies no open fires within 25 feet of any structure.
[Added 10-1-2014 by L.L. No. 3-2014]
A. 
Rooftop and building-mounted solar collectors are permitted in all zoning districts in the Town of Brownville, subject to the following conditions:
(1) 
Such system shall not extend more than five feet above the existing peak of the roof except in the RS District, for which the limit shall be three feet.
(2) 
Rooftop solar units must be set back at least three feet from all roof boundaries unless part of the roofing material itself.
(3) 
Roof structures must be engineered to support the solar collector weight in addition to other weight-bearing requirements.
(4) 
The applicant must submit modeling showing that reflection from the rooftop or building-mounted solar collectors will not cause undue reflection onto neighboring properties. Where appropriate, such reflection information must also be shown not to interfere with aviation.
(5) 
The applicant must also provide modeling showing that there will be no undue heat production as a result of such units for either the structure on which they are mounted or for neighboring properties.
(6) 
The solar units installed must be accessory to the structure on which they are located and be intended to provide electrical power of no more than 110% of that needed for such structure. Such units may not be used and operated as a commercial business for resale to others.
B. 
Ground-mounted racks and freestanding solar collectors mounted on a pole are permitted as accessory structures in all zoning districts, subject to the following conditions:
(1) 
All ground-mounted racks and freestanding solar collectors shall be treated as structures and subject, therefore, to all setbacks applicable to structures.
(2) 
Additionally, all ground-mounted racks or freestanding solar collectors must be set back a distance at least equal to the height at its highest point of such rack or free solar collectors provided that maximum height shall not exceed 20 feet at full tilt.
(3) 
Ground-mounted structures must be engineered to support the solar collector weight in addition to other weight-bearing requirements.
(4) 
No ground-mounted racks or freestanding solar collectors mounted on poles shall be located any closer to the waterfront than the line of the principal building closest to the water already on the property and set back from the road the same distance as setback for principal structure.
(5) 
Such solar systems must be designed to provide no more than 110% of the power needed for the structures or the uses on the property on which they are located and may not be used and operated as a commercial business or for resale to others.
(6) 
The applicant for such ground-mounted rack or freestanding solar collectors mounted on poles must provide modeling showing that reflection from such panels will not cause undue reflection onto neighboring properties. Where appropriate, such reflection information must also be shown not to interfere with aviation or traffic.
(7) 
The applicant must also provide modeling showing that there will be no undue heat production as a result of such units for either the structure on which they are mounted or for neighboring properties.
(8) 
The applicant must also show that ground-mounted racks and freestanding solar collectors mounted on poles will not provide an undue impact on the viewshed of neighboring properties.
C. 
All solar arrays, whether roof-mounted or ground-mounted racks or freestanding solar collectors on poles, must be installed according to all manufacturers' specifications and to all county and state regulations.
D. 
Application for residential or agricultural use shall be reviewed for compliance with this section by the Zoning Officer who may issue a permit. Applications for all other types of uses shall be referred to the Planning Board for special permit approval.
[Added 6-7-2017 by L.L. No. 3-2017]
A. 
WECS general requirements.
(1) 
No wind energy facility (WEF) shall be constructed, reconstructed, modified, or operated in the Town of Brownville except in compliance with this section.
(2) 
No WEF shall be constructed, reconstructed, modified, or operated in the Town of Brownville except with a wind energy facility special use permit approved pursuant to this section.
(3) 
No wind measurement tower shall be constructed, reconstructed, modified, or operated in the Town of Brownville except pursuant to a wind energy facility special use permit issued pursuant to this section.
(4) 
No small wind energy conversion system shall be constructed, reconstructed, modified, or operated in the Town of Brownville except pursuant to a wind energy facility special use permit issued pursuant to this section.
(5) 
This section shall apply to all areas of the Town of Brownville where wind energy facilities are permitted with proper review by the Town of Brownville Zoning Ordinance.
(6) 
Exemption. No permit or other approval shall be required under this section for mechanical, nonelectrical WECS utilized solely for agricultural operations.
(7) 
Notwithstanding the requirements of this section, replacement in kind or modification of a wind energy facility may occur without Town Board approval when there will be:
(a) 
No increase in total height;
(b) 
No change in the location of the WECS;
(c) 
No additional lighting or change in facility color; and
(d) 
No increase in noise produced by the WECS.
(8) 
The Town of Brownville Planning Board (hereinafter referred to as the "Planning Board") is hereby authorized to review and either approve, approve with condition, or disapprove applications for wind energy facilities as a special permit use.
B. 
Wind energy facilities for which a required permit has been properly issued and upon which construction has commenced prior to the effective date of this section shall not be required to meet the requirements of this section; provided, however, that
(1) 
Any such preexisting wind energy facility which does not provide energy for a continuous period of 12 months shall meet the requirements of this section prior to recommencing production of energy.
(2) 
No modification or alteration to an existing wind energy facility shall be allowed without full compliance with this section.
(3) 
Any wind measurement tower existing on the effective date of this section shall be removed no later than 36 months after said effective date, unless a wind energy facility special use permit is issued for said wind measurement tower.
C. 
WECS permits. No application for a commercial wind energy facility special use permit shall be complete until the following materials are received by the Planning Board, in acceptable form, unless specifically waived by the Planning Board. Such information shall be in addition to and not instead of any information required by the Town of Brownville, under any related local law or ordinance, including but not limited to the Town of Brownville Zoning Law.
(1) 
Name, address, telephone number of the applicant. If the applicant is represented by an agent, the application shall include the name, address and telephone number of the agent as well as an original signature of the applicant authorizing the representation.
(2) 
Name, address, telephone number of the property owner. If the property owner is not the applicant, the application shall include a letter or other written permission signed by the property owner:
(a) 
Confirming that the property owner is familiar with the proposed applications; and
(b) 
Authorizing the submission of the application.
(3) 
Address, or other property identification, of each proposed WECS tower location, including Tax Map section, block and lot number.
(4) 
A description of the project, including the number and maximum rated capacity of each WECS.
(5) 
A plot plan prepared by a licensed surveyor or engineer drawn in sufficient detail to clearly describe the following:
(a) 
Property lines and physical dimensions of the site;
(b) 
Location, approximate dimensions and types of major existing structure and uses on the site, public roads, and adjoining properties within 500 feet of the boundaries of the proposed WECS site.
(c) 
Location and elevation of each proposed WECS.
(d) 
Location of all aboveground utility lines on the site or within one radius of the total height of the WECS tower, transformers, power lines, interconnection point with transmission lines, and other ancillary facilities or structures.
(e) 
Location and size of structures above 35 feet within a five-hundred-foot radius of each proposed WECS. For purposes of this requirement, electrical transmission and distribution lines, antennas and slender or open lattice towers are not considered structures.
(f) 
To demonstrate compliance with the setback requirements of this section, circles drawn around each proposed WECS tower location equal to:
[1] 
Four times the height of the WECS measured from ground level to the highest tip of the blade. (If alternative setbacks are adopted, this provision will be eliminated.)
[2] 
Five-hundred-foot perimeter.
[3] 
One-thousand-foot perimeter.
[4] 
One-thousand-five-hundred-foot perimeter.
(g) 
Location of each residential structure, both on the site and off the site, that is located within 2,500 feet from the nearest individual WECS tower, as well as the specific distance from the nearest individual WECS tower to each residential structure.
(h) 
All proposed facilities, including access roads, electrical lines, substations, storage or maintenance units, and fencing.
(6) 
Vertical drawing of the WECS tower showing total height, turbine dimensions, tower and turbine colors, ladder, distance between ground and lowest point of any blade, location of climbing pegs, and access doors. One drawing may be submitted for each WECS tower of the same type and total height.
(7) 
Landscaping plan depicting existing vegetation and describing any areas to be cleared and the specimens proposed to be added, identified by species and size of specimen at installation and their locations.
(8) 
Lighting plan showing any FAA-required lighting as well as all other proposed lighting. The application should include a copy of any determination by the Federal Aviation Administration to establish required markings and/or lights for each structure that is part of the facility; but if such determination is not available at the time of the application, no building permit for any lighted facility may be issued until such determination is submitted.
(9) 
List of property owners, with their mailing addresses, within 500 feet of the boundaries of the proposed site.
(10) 
Decommissioning plan. The applicant shall submit a decommissioning plan, which shall include the following information at a minimum:
(a) 
The anticipated life of the WECS;
(b) 
The estimated decommissioning costs in current dollars;
(c) 
How said estimate was determined;
(d) 
The method of ensuring that funds will be available for decommissioning and restoration;
(e) 
The method, such as by annual re-estimate by a licensed engineer, by which the decommissioning cost will be kept current; and
(f) 
The manner in which the WECS will be decommissioned and the site restored, which shall include, at a minimum, the removal of all structures and debris to a depth of three feet, restoration of the soil, and restoration of vegetation (consistent and compatible with surrounding vegetation), less any fencing or residual minor improvements requested by the landowner.
(11) 
Complaint resolution. The application will include a complaint resolution process to address complaints from nearby residents. Complaints shall be submitted to a committee to include a representative from the developer, a representative from the Town Board or Planning Board, and a representative at large. The applicant shall make every reasonable effort to resolve any complaint. There shall be a time limit for submitting a complaint limited to one year following the origination of the complaint.
(12) 
An application shall include, at a minimum, the following information relating to the construction/installation of a wind energy conversion facility:
(a) 
A construction schedule describing commencement and completion dates; and
(b) 
A description of the routes to be used by construction and delivery vehicles, the gross weights and heights of those loaded vehicles.
(13) 
Complete Part I of the full EAF.
(14) 
Applications for wind energy facility special use permits for wind measurement towers subject to this section may be jointly submitted with the WECS application.
(15) 
For each proposed WECS tower, include make, model, picture and manufacturer's specifications, including noise decibels data; include manufacturer's Material Safety Data Sheet documentation for the type and quantity of all materials used in the operation of all equipment, including, but not limited to, all lubricants and coolants.
(16) 
If the applicant agrees in writing in the application that the proposed WECS may have significant adverse impact on the environment and submits a draft environmental impact statement (DEIS), the Planning Board shall issue a positive declaration of environmental significance.
(17) 
The following information must be submitted by the applicant, either with the application or, in the event of a positive declaration under SEQRA, as part of any DEIS submitted by the applicant with respect to the application for a wind energy facility special use permit. Studies conducted by a qualified consultant as to each of the following impacts or potential impacts, which study or studies shall include, at a minimum, a detailed analysis of the existing conditions, any potential adverse impacts, and the measures to be taken by the applicant to mitigate or eliminate such impacts. The impacts/issues to be addressed by the studies shall include at a minimum the following: shadow flicker, visual impact; fire protection and emergency response; noise assessment; avian and bats analysis; property values; electromagnetic interference; transportation impacts; groundwater impacts; and cultural resources.
(18) 
The applicant shall, prior to the receipt of a wind energy facility special use permit, provide proof that it has executed an interconnection agreement with the New York independent system operator and the applicable transmission owner.
(19) 
A statement, signed under penalty of perjury, that the information contained in the application is true and accurate.
(20) 
In addition to the materials required in accordance with this section, complete applications should include any additional study or assessment determined to be required by the lead agency during review of the project pursuant to SEQRA. No application shall be determined to be complete until the DEIS is submitted and accepted by the Planning Board as complete.
(21) 
The applicant must show that it has consulted with the United States Department of Army/Fort Drum about any impacts of the project on its airfield traffic, aircraft radar and/or future trainings.
D. 
Standards for WECS. The following standards shall apply to all WECS:
(1) 
All power collection and transmission lines from the tower to any building or substation shall be located underground. Where possible, all such lines should follow existing utility rights-of-way. Where it is not possible to follow existing utility rights-of-way, such underground lines shall be a minimum of 200 feet from any residence. For good cause shown, an applicant may request a variance from the Zoning Board of Appeals of strict adherence to these conditions; provided, however, that the Zoning Board of Appeals may impose reasonable conditions on any such variances, including additional setbacks for overhead lines.
(2) 
No television, radio or other communication antennas may be affixed or otherwise made part of any WECS, except pursuant to the Town Code.
(3) 
In order to minimize any visual impacts associated with commercial wind energy facilities, no advertising signs are allowed on any part of the commercial wind energy facility, including fencing and support structures.
(4) 
Lighting of tower. No tower shall be lit except to comply with FAA requirements. Minimum security lighting for ground-level facilities shall be allowed as approved on the wind energy facility development plan.
(5) 
All applicants shall use measures to reduce the visual impact of WECSs to the extent possible. WECSs shall use tubular towers. All structures in a project shall be finished in a single, nonreflective matte finished white or gray in color. Multiple WECSs within a WECS project shall be constructed using wind turbines whose appearance, with respect to one another, is similar within and throughout the project, to provide reasonable uniformity in overall size, geometry, and rotational speeds. No lettering, company insignia, advertising, or graphics shall be on any part of the tower, hub, or blade.
(6) 
The use of guy wires is disfavored. A WECS using guy wires for tower support shall incorporate appropriate measures to protect the guy wires from damage which could cause tower failure.
(7) 
No WECS shall be installed in any location where its proximity with existing fixed broadcast, retransmission, or reception antennas for radio, television, or wireless phone or other personal communication systems would produce electromagnetic interference with signal transmission or reception. No WECS shall be installed in any location along the major axis of an existing microwave communications link where its operation is likely to produce electromagnetic interference in the link's operation. If it is determined that a WECS is causing electromagnetic interference, the operator shall take the necessary corrective action to eliminate, within three months of being notified, this interference, including relocation or removal of the facilities, or resolution of the issue with the impacted parties. Failure to remedy electromagnetic interference is grounds for revocation of the wind energy facility use permit for the WECS or WECSs causing the interference.
(8) 
All solid waste and hazardous waste and construction debris shall be removed from the site and managed in a manner consistent with all appropriate rules and regulations.
(9) 
WECSs shall be designed to minimize the impacts of land clearing and the loss of open space areas. Land protected by conservation easements shall be avoided. The use of previously developed areas will be given priority wherever possible. All topsoil disturbed during construction, reconstruction or modification of WECS shall be stockpiled and returned to the site upon completion of the activity which disturbed the soil.
(10) 
WECSs shall be located in a manner that minimizes significant negative impacts on rare animal species in the vicinity, particularly bird and bat species, including those that may be listed by United States Fish and Wildlife Service as threatened or endangered.
(11) 
Commercial wind energy facilities shall be located in a manner consistent with all applicable state and federal laws and regulations.
(12) 
Stormwater run-off shall be managed in a manner consistent with all applicable state and federal laws and regulations.
(13) 
The maximum total height of any WECS shall be 600 feet.
(14) 
Any substation used in conjunction with a WECS shall be sited in a manner that will have the least intrusive impact upon adjacent residences and shall be sheltered and/or screened with a physical barrier and/or vegetation in a manner to eliminate its views from such residences. The Planning Board shall assess such siting in accordance with the requirements of this section and the Town's Zoning Law.
(15) 
Construction of the WECS shall be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Friday, unless prior written approval of the Planning Board is received to allow deviation from such hours.
(16) 
In processing any application for a WECS or in reviewing such project under SEQRA, the Planning Board shall consider any applicable policy or guideline issued by the New York State DEC (i.e., visual impacts, noise impacts).
(17) 
Turbine blades shall pass no closer than 30 feet to the ground during operation of the facility.
(18) 
To the greatest extent possible WECSs, together with all aboveground facilities, underground cables and wires, and all permanent access roads shall be positioned along existing fence lines, hedgerows or tree rows and/or as near the edge of any fields as possible to minimize disruption to pasture land or tillable land. Following construction, the site shall be graded and seeded and restored to its preconstruction condition or better. During construction, the developer shall be required to act consistent with best agricultural practices to ensure the post-construction integrity of the site.
(19) 
Blasting; wells.
(a) 
The company, contractors or subcontractors responsible for siting and construction of any WECS shall inspect and videotape all residential, commercial, farm or other buildings within 1,000 feet of the wind turbine site if any blasting is to be conducted.
(b) 
In addition, all residential wells within 1,000 feet of a wind turbine site shall be tested for quality and quantity before any turbine is installed.
(20) 
The New York State Department of Agriculture and Markets guidelines for agricultural mitigation for wind power projects shall be adhered to, both inside and outside of agricultural districts.
E. 
Required safety measures.
(1) 
Each WECS shall be equipped with both manual and automatic controls to limit the rotational speed of the rotor blade so it does not exceed the design limits of the rotor.
(2) 
Appropriate warning signs shall be posted. At least one sign shall be posted at the base of the tower warning of electrical shock or high voltage. A sign shall be posted on the entry area of fence around each tower or group of towers and any building (or on the tower or building if there is no fence), containing emergency contact information. The Town Planning Board may require additional signs based on safety needs.
(3) 
No climbing pegs or tower ladders shall be located closer than 12 feet to the ground level at the base of the structure for freestanding single-pole or guyed towers.
(4) 
The minimum distance between the ground and any part of the rotor or blade system shall be 30 feet.
(5) 
WECSs shall be designed to prevent unauthorized external access to electrical and mechanical components and shall have access doors that are kept securely locked at all times.
(6) 
Existing snowmobile and/or ATV trails shall be posted by the developer to warn of potential ice throw dangers from the WECS. The WECS developer/owner shall provide periodic emergency training for fire and ambulance personnel for proper protocols in responding to emergencies at the WECS. Such training shall take place no less frequently than annually.
F. 
Traffic routes.
(1) 
Construction of WECSs poses potential risks because of the large-size construction vehicles and their impact on traffic safety and their physical impact on local roads. Construction and delivery vehicles for WECSs and for associated facilities shall use traffic routes established as part of the application review process. Factors in establishing such corridors shall include: 1) minimizing traffic impacts from construction and delivery vehicles, including impacts on local residential areas; 2) minimizing WECS-related traffic during times of school bus activity; 3) minimizing wear and tear on local roads; and 4) minimizing impacts on local business operations. Wind energy special use permit conditions may limit WECS-related traffic to specified routes, and include a plan for disseminating traffic route information to the public.
(2) 
The applicant is responsible for repair of all damage to Town roads occurring during the construction or maintenance of a WECS. A public improvement bond shall be posted prior to the issuance of any zoning permit in an amount, determined by the Planning Board, in consultation with the Town Board, sufficient to compensate the Town for any damage to local roads.
(3) 
Prior to any construction, the developer will provide the Town with a list of all state, county, Town and village roads that will be subject to travel by vehicles hauling any materials or items related to the installation of WECS. Included with this list of roads will be a videotape of the road with appropriate landmarks making identification of the road unquestionable.
G. 
Noise standards for commercial wind energy facilities.
(1) 
Intent.
(a) 
Brownville is a quiet area, where nighttime background sound levels are routinely less than 30dB, and it is a community that values peace and quiet, which is an important part of rural life. Loud, annoying and persistent noise is disruptive to the well-being of people living in the vicinity of a WECS and is in some cases deleterious to their health. To preserve and protect peace and quiet, the Town hereby declares its intent to regulate noise in accordance with the widely recognized acoustic standards.
(b) 
Regulating noise requires more than preventing unnecessarily loud noise; it also recognizes that the quality and character of noise both contribute significantly to annoyance. Noises that are distinctly different from natural background sound, those with impulsive, tonal or modulating elements, are further restricted.
(c) 
These regulations are intended to be used, if the need arises, for any source of loud, annoying or unhealthy noise.
(2) 
Noise sources. The types of sources of noise that this regulation is designed to regulate in Brownville include, but are not limited to:
(a) 
Mining/Quarry operations.
(b) 
Wind turbines.
(c) 
Gas, water or other types of drilling.
(d) 
Blasting operations.
(e) 
Gas turbine electric generation.
(f) 
Other industrial and nonindustrial sources where noise may be excessive and annoying.
(3) 
Exemptions to regulations. The following noises are deemed beyond the scope and intent of the Town to regulate and are not subject to this section:
(a) 
Any noise intended to warn the public or indicate the existence of an emergency condition, including any warning device, siren, horn or whistle used by emergency vehicles or by any governmental agency to alert the public to an emergency or warn of a danger.
(b) 
Any noise intended to stay within limits set by and under the jurisdiction of any state or federal act preempting local regulation.
(c) 
Mechanized noise from farming and agricultural operations.
(d) 
Noise generated by or produced in association with a religious celebration or observance, parades, or other special municipal events.
(e) 
Noise from gas-powered electric generators used during power outages.
(f) 
Construction equipment used between 7:00 a.m. and 9:00 p.m., except in emergency situations.
(g) 
Nonindustrial noise that is considered a part of normal personal activities, such as, but not limited to, motor vehicles, boats and yard care.
(4) 
Requirements.
(a) 
The equivalent noise level (LEQ) generated by a noise source shall not exceed the limits listed in Table 9 when measured at the property line.
Table 9
Daytime
7:00 a.m. to 7:00 p.m.
Evening
7:00 p.m. to 10:00 p.m.
Nighttime
10:00 p.m. to 7:00 a.m.
A-weighted (dB)
45
40
35
C-weighted (dB)
63
58
53
(b) 
In all cases, the corresponding C-weighted limit shall be the operable A-weighted limit (from Table 9) plus 18dB.
(c) 
In the event audible noise due to any operation contains a steady pure tone, such as a whine, screech, or hum, the standards for audible noise set forth in Table 9 shall be reduced by seven dB; and the standards shall be reduced by 12dB for highly impulsive noise (ANSI S12.9 Pt. 4).
(5) 
Predicting noise impacts. At the discretion of the Planning Board, an application shall include certification by an independent acoustical engineer as to the predicted A- and C-weighted sound levels at potentially impacted residential property lines. The firm with which the engineer is associated shall be a member of the National Council of Acoustical Consultants (NCAC) with a specialty in environmental noise, and the independent acoustical engineer shall be a member, Board-certified, of the Institute of Noise Control Engineering of the USA. The predicted noise levels shall then be reviewed by the Town's consulting engineer, or his/her agent, to establish the validity of the predicted impacts.
(6) 
Noise enforcement for WECSs.
(a) 
Enforcement shall be by measurement and not subject to the timing constraints. The Town, using the services of the Town Engineer, shall be responsible for and shall contract for any enforcement measurements. The Town's engineering contractor shall be a member of the National Council of Acoustical Consultants (NCAC) with a specialty in environmental noise, and the consultant's project leader shall be a member, Board-certified, of the Institute of Noise Control Engineering of the USA. The following protocol may be modified, as certain situations may require, by the acoustical engineer as long as modifications are in general conformance with the procedure described below.
(b) 
Initially, a preliminary study shall be conducted for a period of 30 minutes. During the thirty-minute period, the equivalent level (LEQ) generated by the noise source shall be measured. The measurement location shall be on complainant's property line, nearest the noise source. Measurements shall be entirely within the appropriate time period, e.g., during nighttime for nighttime enforcement, and the noise source shall operate continuously (if normal operation) during the thirty-minute measurement.
(c) 
If the noise source is intermittent or if the noise is not present at the time of the preliminary enforcement survey, a more extensive and detailed survey shall be undertaken to monitor noise levels over a longer period. The subject to the complaint shall fully cooperate with Town officials and their agents to ensure accurate measurements, including turning on and off as required.
(d) 
For both types of surveys, the microphone shall be situated between four feet and 4.5 feet above the ground. Measurements shall be conducted within the general provisions of ANSI S1.13-2005 and using a meter that meets at least the Type 2 requirements of ANSI S1.4 and S1.4A-1985 (R2006). The instrument noise floor shall be at least 10dB below the lowest level measured.
(e) 
A calibrator shall be used as recommended by the manufacturer of the sound-level meter. The fundamental level of the calibrator and the sensitivity of the sound-level meter shall be verified annually by a laboratory using procedures traceable to the National Institute of Standards and Technology.
(f) 
A wind screen shall be used as recommended by the sound-level meter manufacturer.
(g) 
An anemometer shall be used and shall have a range of at least five to 15 miles per hour (2.2 to 6.7 meters per second) and an accuracy of at least ± two miles per hour (± 0.9 meter per second).
(h) 
For the detailed, long-term study, a compass shall be used to measure wind direction to at least an eight-point resolution: N, NE, E, SE, S, SW, W, NW. Measurements shall be A-weighted or, alternatively, in one-third-octave bands. For A-weighted measurements, the uncertainty (tolerance) of measurements, shall be one dB for a Type 1 meter and two dB for a Type 2 meter. For one-third-octave-band measurements, the meter shall meet the Type 1 requirements of ANSI S12.4 and S12.4a-1985 (R2006), and the uncertainty of measurements shall be five dB in each and every one-third-octave band.
(i) 
For all measurements, the surface wind speed, measured at a height of 1.5 meters, shall be less than five m/s.
(j) 
The report shall include a sketch of the site showing distances to the structure(s), the property line, etc., and several photographs showing the structure(s), the property, and the acoustical instrumentation. All instrumentation shall be listed by manufacturer, model and serial number. This instrumentation listing shall also include the A-weighted and C-weighted noise floor due to weather or other natural phenomena and the one-third-octave-band noise floors, if utilized, for each sound-level meter used.
(7) 
Noise complaint resolution process.
(a) 
All complaints shall be directed to the Town Zoning Enforcement Officer, who will respond to the complainant within five business days after receipt of such complaint. The Zoning Enforcement Officer shall keep a log of any such complaints received.
(b) 
Any complaints which cannot be resolved during the initial response shall be subsequently directed to the Town Engineer for investigation, and any such investigation shall be undertaken with the full cooperation of the person/applicant/operator.
(c) 
If the complaint includes the character or quality of noise, then any subsequent investigation shall use best practices to evaluate the overall level, tonal, and/or temporal nature of the noise prompting the complaint. The noise source will be shut down as may be needed to properly assess noise impacts.
(d) 
Testing shall commence within 10 business days of the report of the initial investigation, but ultimately testing will be predicated upon conditions that facilitate adequate measurement of the noise source. Testing shall compare actual noise measurements at complainant's property line with and without noise source to confirm operation complies with noise limits established in Table 9. If sound levels of the noise source exceed sound levels with noise source off by more than five dB, then the noise shall be deemed out of compliance with this regulation.
H. 
Setback waivers.
(1) 
In the event a commercial wind energy facility does not meet a setback requirement or exceeds noise or other criteria established in this section as it existed at the time of the wind energy facility special use permit is granted, a waiver may be granted from such requirement by the Planning Board under the same analysis applied to an area variance.
(2) 
Written consent from the affected property owners shall be obtained stating that they are aware of the wind energy facility and the noise and/or setback limitations imposed by this section, and that that consent is granted to allow:
(a) 
Noise levels to exceed the maximum limits otherwise allowed; or
(b) 
Setbacks less than required; and
(3) 
In order to advise all subsequent owners of the burdened property, the consent in the form required for an easement shall be recorded in the County Clerk's office describing the benefited and burdened properties. Such easements shall be permanent and shall state that they may not be revoked without the consent of the Town Board, which consent shall be granted upon either the completion of the decommissioning of the benefited WECS in accordance with this subsection; or the acquisition of the burdened parcel by the owner of the benefited parcel or the WECS.
(4) 
Waivers granted under this section differ from waiver requests under Subsection P of this section in that no Subsection P waiver is required if a waiver is given under this section, and an Subsection P waiver must be sought rather than a waiver under this subsection if the adjoining property owner will not grant an easement pursuant to this subsection.
I. 
Setback requirements for WECSs.
(1) 
The following minimum requirements shall apply to any tower, turbine, windmill, building housing mechanical components or electrical substation that is part of any commercial wind energy facility, unless a variance has been granted by the Zoning Board of Appeals. The following minimum standards do not apply to the transmission or collection system components of such WECS, except for electrical substations.
(2) 
Each WECS shall be set back from site boundaries, measured from the center of the applicable component part of the WECS, the following minimum distances:
(a) 
Two and five-tenths times the height of the tower to the highest point with the blade in the fully upright position or 1,500 feet, whichever is more.
(b) 
Two and five-tenths times the height of the tower from any residence on a participating property or 1,500 feet, whichever is more.
(c) 
Two and five-tenths times the height of the tower from any right-of-way of any Town, county or New York State highway, village boundary, church or school or 1,500 feet, whichever is more.
(3) 
The Planning Board reserves the right, where circumstances dictate, to impose higher setbacks if necessary to achieve compliance with noise levels.
(4) 
The foregoing notwithstanding, setbacks shall be double the otherwise required setback from any wildlife management area as designated by New York State in or near the Town of Brownville, including, but not limited to, the Perch River Wildlife Management Area, the Ashland Flats Wildlife Management Area, the French Creek Wildlife Management Area, the Point Peninsula Wildlife Management Area and the Chaumont Barrens.
J. 
Issuance of Wind Energy Special Use Permits for WECSs.
(1) 
Upon completion of the review process, the Planning Board shall, upon consideration of the standards in this section and the record of the SEQRA review, issue a written decision with the reasons for approval, conditions of approval or disapproval fully stated.
(2) 
The decision of the Planning Board shall be filed within five days in the office of the Town Clerk and a copy mailed to the applicant by first class mail.
(3) 
If any permit is approved, and the commercial wind energy facility is not substantially commenced within one year of issuance of the wind energy facility special use permit, the wind energy facility special use permit shall expire.
K. 
Abatement.
(1) 
If any WECS remains nonfunctional or inoperative for a continuous period of one year, the applicant agrees that, without any further action by the Planning Board, the applicant shall decommission and remove said system at its own expense. Removal of the system shall include, at a minimum, the removal of the entire aboveground structure, including transmission equipment and fencing, from the property. This provision shall not apply if the applicant demonstrates to the Planning Board that it has been making good-faith efforts to restore the WECS to an operable condition, but nothing in this provision shall limit the Town's ability to order a remedial action plan after public hearing.
(2) 
Decommissioning bond or fund. The applicant, or successors, shall continuously maintain a fund or bond payable to the Town of Brownville, in a form approved by the Town Attorney, for the removal of nonfunctional towers and appurtenant facilities, in an amount to be determined by the Town Board, for the period of the life of the facility. This fund may consist of a letter of credit from a State of New York licensed financial institution. All costs of the financial security shall be borne by the applicant. All decommissioning funding requirements shall be met prior to commencement of construction.
L. 
Limitations on Approvals; Easements on Town Property.
(1) 
Nothing in this section shall be deemed to give any applicant the right to cut down surrounding trees and vegetation on any property to reduce turbulence and increase wind flow to the commercial wind energy facility. Nothing in this section shall be deemed a guarantee against any future construction or Town approvals of future construction that may in any way impact the wind flow to any commercial wind energy facility. It shall be the sole responsibility of the facility operator or owner to acquire any necessary wind flow or turbulence easements, or rights to remove vegetation.
(2) 
Pursuant to the powers granted to the Town to manage its own property, the Town may enter into noise, setback, or wind flow easements on such terms as the Town Board deems appropriate, as long as said agreements are not otherwise prohibited by state or local law.
M. 
Permit revocation.
(1) 
Operation. A WECS shall be maintained in operational condition at all times, subject to reasonable maintenance and repair outages. "Operational condition" includes meeting all noise requirements and other permit conditions. Should a WECS become inoperable, or should any part of the WECS be damaged, or should a WECS violate a permit condition, the owner or operator shall remedy the situation within 90 days after written notice from the Town Planning Board. The applicant shall have 90 days after written notice from the Town Planning Board to cure any deficiency. The Planning Board may extend the ninety-day cure for good cause shown.
N. 
Wind measurement towers. As a wind site assessment is typically conducted to determine the wind speeds and the feasibility of using particular sites, installation of wind measurement towers, also known as "anemometer ("Met") towers," shall be permitted in accordance with this subsection.
(1) 
Applications for wind measurement towers. An application for wind measurement towers shall include:
(a) 
Name, address, telephone number of the applicant. If the applicant is represented by an agent, the application shall include the name, address and telephone number of the agent as well as an original signature of the applicant authorizing the representation.
(b) 
Name, address, telephone number of the property owner. If the property owner is not the applicant, the application shall include a letter or other written permission signed by the property owner:
[1] 
Confirming that the property owner is familiar with the proposed applications; and
[2] 
Authorizing the submission of the application.
(c) 
Address of each proposed tower location, including Tax Map section, block and lot number.
(d) 
Proposed development plan and map.
(e) 
Decommissioning plan, including a security bond for removal.
(2) 
Standards for wind measurement towers.
(a) 
The distance between a wind measurement tower and the property line shall be at least 1.5 times the total height of the tower. Sites can include more than one piece of property and the requirement shall apply to the combined properties. Exceptions for neighboring property are also allowed with the consent of those property owners.
(b) 
Wind energy facility special use permits for wind measurement towers may be issued for a period of up to 26 months. Permits may be renewed if the facility is in compliance with the conditions of the special use permit.
(c) 
Anchor points for any guy wires for a wind measurement tower shall be located within the property that the system is located on and not on or across any aboveground electric transmission or distribution lines. The point of attachment for the guy wires shall be sheathed in bright orange or yellow covering from three feet to eight feet above the ground.
(d) 
The New York State Department of Agriculture and Markets guidelines for agricultural mitigation for wind farm projects shall be adhered to both inside and outside of agricultural districts.
O. 
Small wind energy conversion systems. The purpose of this subsection is to provide standards for small wind energy conversion systems designed for home, farm, and small commercial use on the same parcel, and that are primarily used to reduce consumption of utility power at that location. The intent of this subsection is to encourage the development of small wind energy conversion systems and to protect the public health, safety, and community welfare.
(1) 
Application requirements for small WECS. Applications for small wind energy conversion systems shall include:
(a) 
Name, address, telephone number of the applicant. If the applicant will be represented by an agent, the name, address and telephone number of the agent as well as an original signature of the applicant authorizing the agent to represent the applicant.
(b) 
Name, address, telephone number of the property owner. If the property owner is not the applicant, the applicant shall include a letter or other written permission signed by the property owner:
[1] 
Confirming that the property owner is familiar with the proposed applications; and
[2] 
Authorizing the submission of the application.
(c) 
Address of each proposed tower location, including Tax Map section, block and lot number.
(d) 
Evidence that the proposed tower height does not exceed the height recommended by the manufacturer or distributor of the system.
(e) 
A line drawing of the electrical components of the system in sufficient detail to allow for a determination that the manner of installation conforms to the Building Code of the State of New York.
(f) 
Sufficient information demonstrating that the system will be used primarily to reduce consumption of electricity at that location.
(g) 
Written evidence that the electric utility service provider that serves the proposed site has been informed of the applicant's intent to install an interconnected customer-owned electricity generator, unless the applicant does not plan, and so states so in the application, to connect the system to the electricity grid.
(h) 
A visual analysis of the small WECS as installed, which may include a computerized photographic simulation, demonstrating the visual impacts from nearby strategic vantage points. The visual analysis shall also indicate the color treatment of the system's components and any visual screening incorporated into the project that is intended to lessen the system's visual prominence.
(2) 
Development standards for small WECS. All small wind energy conversion systems shall comply with the following standards. Additionally, such systems shall also comply with all the requirements established by other sections of this section that are not in conflict with the requirements contained in this subsection.
(a) 
A system shall be located on a lot a minimum of one acre in size; however, this requirement can be met by multiple owners submitting a joint application.
(b) 
Small wind energy conversion systems shall be used primarily to reduce the on-site consumption of electricity.
(c) 
Tower heights may be allowed as follows:
[1] 
Maximum of 200 feet.
[2] 
The allowed height shall be reduced if necessary to comply with all applicable Federal Aviation Administration requirements, including Subpart B (commencing with Section 77.11) of Part 77 of Title 14 of the Code of Federal Regulations regarding installations close to airports.
(d) 
The maximum turbine power output is limited to 100 KW.
(e) 
The system's tower and blades shall be painted a nonreflective, unobtrusive color that blends the system and its components into the surrounding landscape to the greatest extent possible and incorporate nonreflective surfaces to minimize any visual disruption.
(f) 
The system shall be designed and located in such a manner as to minimize adverse visual impacts from public viewing areas.
(g) 
Exterior lighting on any structure associated with the system shall not be allowed except that which is specifically required by the Federal Aviation Administration.
(h) 
All on-site electrical wires associated with the system shall be installed underground except for "tie-ins" to a public utility company and public utility company transmission poles, tower and lines. This standard may be modified by the Planning Board if the project terrain is determined to be unsuitable due to reasons of excessive grading, biological impacts, or similar factors.
(i) 
The system shall be operated such that no disruptive electromagnetic interference is caused. If it has been demonstrated that a system is causing harmful interference, the system operator shall promptly mitigate the harmful interference or cease operation of the system.
(j) 
At least one sign shall be posted on the tower at a height of five feet warning of electrical shock or high voltage and harm from revolving machinery. No brand names, logo or advertising shall be placed or painted on the tower, rotor, generator or tail vane where it would be visible from the ground, except that a system or tower manufacturer's logo may be displayed on a system generator housing in an unobtrusive manner.
(k) 
Towers shall be constructed to provide one of the following means of access control, or other appropriate method of access:
[1] 
Tower-climbing apparatus located no closer than 12 feet to the ground.
[2] 
A locked anti-climb device installed on the tower.
[3] 
A locked, protective fence at least six feet in height that encloses the tower.
[4] 
A locked entrance to the interior of the tower in which a climbing device is located.
(l) 
Anchor points for any guy wires for a system tower shall be located within the property that the system is located on and not on or across any aboveground electric transmission or distribution lines. The point of attachment for the guy wires shall be enclosed by a fence six feet high or sheathed in bright orange or yellow covering from three feet to eight feet above the ground.
(m) 
Construction of on-site access roadways shall be minimized. Temporary access roads utilized for initial installation shall be regraded and revegetated to the pre-existing natural condition after completion of installation.
(n) 
To prevent harmful wind turbulence from existing structures, the minimum height of the lowest part of any horizontal axis wind turbine blade shall be at least 30 feet above the highest structure or tree within a radius of 250 feet. Modification of this standard may be made when the applicant demonstrates that a lower height will not jeopardize the safety of the wind turbine structure.
(o) 
All small wind energy conversion system tower structures shall be designed and constructed to be in compliance with pertinent provisions of the Uniform Fire Prevention and Building Code.
(p) 
All small wind energy conversion systems shall be equipped with manual and automatic over-speed controls. The conformance of rotor and over-speed control design and fabrication with good engineering practices shall be certified by the manufacturer.
(3) 
Standards for small WECS. Small wind energy conversion systems shall comply with the following standards:
(a) 
Setback requirements. A small WECS shall not be located closer to a property line than 1 1/2 times the total height of the WECS.
(b) 
Noise. Except during short-term events, including utility outages and severe wind storms, a small WECS shall be designed, installed, and operated so that noise generated by the system shall not exceed ambient noise levels (exclusive of the development proposed) by more than five dBA at the nearest property line to any proposed small WECS. Sites can include more than one piece of property and the requirement shall apply to the combined properties. In the event the ambient sound pressure level exceeds 50 dBA, independent certification shall be provided before and after construction demonstrating compliance with this requirement.
(4) 
Abandonment of use of small WECS.
(a) 
A small WECS which is not used for 12 successive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner. Failure to abide by and faithfully comply with this subsection or with any and all conditions that may be attached to the granting of any building permit shall constitute grounds for the revocation of the special use permit by the Town Planning Board.
(b) 
All small WECS shall be maintained in good condition and in accordance with all requirements of this section.
P. 
Waivers.
(1) 
The Town Planning Board may, after a public hearing (which may be combined with other public hearings on wind energy facilities, so long as the waiver request is detailed in the public notice), grant a waiver from the strict application of the provisions of this section if, in the opinion of the Town Planning Board, the grant of said waiver is in the best interests of the Town of Brownville. The Planning Board may consider as reasonable factors in evaluating the request, which may include, when applicable, the impact of the waiver on the neighborhood, including the potential detriment to nearby properties, the benefit to the applicant, feasible alternative, and the scope of the request.
(2) 
The Planning Board may attach such conditions as it deems appropriate to waiver approval as it deems necessary to minimize the impact of the waiver.
Q. 
Miscellaneous regulations for wind energy facilities.
(1) 
Application fees shall be nonrefundable and will be established from time to time by the Town Board by resolution for:
(a) 
Commercial wind energy facilities.
(b) 
Wind measurement towers.
(c) 
Small wind energy conversion systems.
(d) 
Wind measurement tower renewals.
(2) 
Wind energy facility special use permits. The Town believes the review of permits requires specific expertise for those facilities. Accordingly, the Board may require the developer to post a fund to cover administrative costs, plus the amount charged to the Town by the outside consultant and/or attorney hired by the Town of Brownville to review the plans and inspect work. In the alternative, the Town and the applicant may enter into an agreement for an inspection and/or certification procedure for these unique facilities. In such case, the Town and the applicant will agree to a fee arrangement and escrow agreement to pay for the costs of the review of the plans, certifications or conduct inspections as agreed by the parties.
(3) 
Nothing in this section shall be read as limiting the ability of the Town to enter into host community agreements with any applicant to compensate the Town for expenses or impacts on the community. The Town shall require any applicant to enter into an escrow agreement to pay the engineering and legal costs of any application review, including the review required by SEQRA.
(4) 
Inspections.
(a) 
Wind energy facilities shall not begin operation until all approvals required under this section are obtained and all required certifications are provided.
(b) 
Following the issuance of any approval required under this section, the Zoning Enforcement Officer shall have the right to enter onto the site upon which a wind energy facility has been placed, at reasonable times, in order to inspect such facility and its compliance with this section.
(c) 
After undertaking such inspection, the Zoning Enforcement Officer shall provide notice of any noncompliance with the terms of this section or the conditions of approval of any permit issued hereunder, and shall provide the owner or applicant with a reasonable time frame to cure such violation, such time frame to be determined based upon the seriousness of the violation, its impact upon public safety, and the impact of the violation upon residents of the Town.
(5) 
Construction-related damage from WECSs. The owner of every wind energy facility constructed pursuant to this section shall, to the extent practicable, repair or replace all real or personal property, public or private, damaged during the construction of such facility.
(6) 
Enforcement; penalties and remedies for violations for WEFs.
(a) 
The Town Board shall appoint such Town staff or outside consultants as it sees fit to enforce and implement this section.
(b) 
Any person owning, controlling or managing any building, structure or land who shall undertake a wind energy facility in violation of this section or in noncompliance with the terms and conditions of any permit issued pursuant to this section, or any order of the enforcement officer, and any person who shall assist in so doing, shall be guilty of an offense and subject to a fine of not more than $350 or to imprisonment for a period of not more than six months, or subject to both such fine and imprisonment. Every such person shall be deemed guilty of a separate offense for each week such violation shall continue. The Town may institute a civil proceeding to collect civil penalties in the amount of $350 for each violation, and each week said violation continues shall be deemed a separate violation.
(c) 
In case of any violation or threatened violation of any of the provisions of this section, including the terms and conditions imposed by any permit issued pursuant to this section, in addition to other remedies and penalties herein provided, the Town may institute any appropriate action or proceeding to prevent such unlawful erection, structural alteration, reconstruction, moving and/or use, and to restrain, correct or abate such violation, to prevent the illegal act.
(7) 
Certification. Prior to operation of any approved and constructed wind energy facility, the applicant must provide a certification that the project complies with applicable codes, industry practices and conditions of approval (where applicable).
[Added 8-1-2018 by L.L. No. 1-2018]
A. 
The provisions of this section shall override any requirements otherwise applicable to special use in §§ 165-15, 165-16, and 165-17.
B. 
Large solar photovoltaic energy systems may be allowed as a second principal use on a lot, or on a lot as the only principal use, The prohibition against two principal uses on a lot shall not apply to the systems.
C. 
It is recognized that such projects may encompass more than one property. In the event that any project encompasses more than one property, then setback requirements shall not be required from property lines of a property participating in the project.
D. 
Such systems shall be set back a minimum distance of 100 feet from any roadway or 50 feet from any side or rear line. If the solar panels face the roadway or side or rear lines, the setback distance shall be doubled.
E. 
The maximum height shall be 20 feet when tilted. to full extension.
F. 
Proximity to radio, television and telephone systems. These solar systems shall not be installed in any location where the solar system operation or similar solar systems operations have been demonstrated to interfere with existing fixed broadcast, retransmission, or reception antennae for radio, television or wireless phone, unless such interference can be mitigated.
G. 
View sheds and screening. Ground-mounted systems shall be installed in a location and position that would minimize visibility from neighboring properties. A screening plan, to be reviewed and accepted by the appropriate board, shall be required as part of the site plan review or special use permit review. For purposes of this section, consideration shall be given to any relevant portions of the current, amended and/or future officially recognized Town Code. In addition, adequate measures shall be taken to screen through landscaping, grading or other means to reasonably mitigate the view of the solar panels and other equipment of the solar systems from roadways and neighboring residential properties.
H. 
FAA requirements. If the proposed site is near an airport, seaplane base, or established flight zone, such solar system must meet all Federal Aviation Administration requirements.
I. 
Security fence. The Planning Board may consider whether and where security fencing is required.
J. 
Emergency shutdown/safety. The applicant shall post an emergency telephone number so that the appropriate entities may be contacted should any portion of the solar system need immediate repair or attention. This telephone number should be clearly visible on signs located on the security fence, if any, placed periodically around the perimeter.
K. 
Lightning protection. All solar systems shall have adequate lightning protection via internal lightning arrestors, surge protectors or adequate grounding.
L. 
Utility notification and approval. No solar system shall be constructed until evidence has been given to the Town Board .that the utility company that operates the electrical grid where the installation is to be located has been informed of the construction of the solar system and has agreed to an interconnection.
M. 
Lighting. No solar system under this provision shall be continually artificially lighted. Lighting shall be limited to lights as needed by solar array personnel while present at the site. Lighting to be arranged and angled to not spill onto adjacent properties.
N. 
Access road. To the greatest extent possible, existing roadways shall be used for access to the site and its improvements. In the case of constructing any roadways necessary to access the solar energy systems, they shall be constructed in a way that allows for the passage of emergency vehicles in the event of an emergency.
O. 
Collection and transmission lines shall be buried. The same·may be allowed overhead but only under exceptional circumstances with special exception from the Planning Board.
P. 
Prior to issuing approval, the applicant shall also .submit proof to the Planning Board that it has been in touch with local fire departments, shared information with respect to operation and maintenance of the facility's safety features and other information important for fire protection,
Q. 
Notice of decommissioning.
(1) 
The applicant shall also submit to the Town Board (with a copy to the Planning Board) a letter of intent committing the owner, and its successors-in-interest, to notify the Code Officer within 30 days of the discontinuance of the use of the solar system. This letter of intent shall be filed with the Office of Planning and Development prior to the issuance of a building permit.
(2) 
Should the solar system be nonoperational for a continuous period of six months or greater, the owner shall submit a letter to the Office of Planning and Development indicating when it is expected to resume operations or whether .the decommissioning of the site, in accordance with the decommissioning and removal plan, shall commence. If the owner plans to continue operations, it shall have up to six months more to begin operations. A further six-month extension may be granted by the Planning Board for good cause shown. If operations do not commence within said six months or any extended period, decommissioning of the site, in accordance with the decommissioning and removal plan, shall immediately commence.
R. 
Decommissioning and removal plan.
(1) 
The applicant shall submit a decommissioning and removal plan (DRP) to the Planning Board. The decommissioning and removal plan shall include specific plans on how the owner plans to remove the obsolete or unused solar panel arrays and accessory structures and return the property to a state acceptable to the Planning Board within a specific time period after the cessation of operations. This plan shall be approve by the Planning Board and prior to the granting of the special use permit.
(2) 
Failure to conform to the decommissioning and removal plan in the time period provided shall be a violation of this section and the cost to complete the plan shall be placed as a lien on the property owner's tax bill.
S. 
Reclamation bond. A reclamation bond, for a term and in an amount to be determined during special use permit review, shall be filed with the Town Clerk to cover the costs of reclamation of the site. The amount shall be commensurate with the decommissioning and removal plan submitted by the applicant.