Dog kennels are permitted as a special use in
the Ag District if the following conditions are met:
A. No kennel or pasture shall be closer than 200 feet
from the nearest lot line or street line.
B. All kennels are to be to the rear of the rear line
of the primary structure and completely and permanently fenced sufficiently
high enough to contain all dogs at all times, and a minimum of four
feet high.
C. All dogs shall be quartered inside between darkness
and dawn hours.
D. No more than 20 dogs are permitted at any one time.
E. Sewage disposal and water supply shall be approved
by the appropriate health authorities.
The Agricultural-Conservation District provides
the opportunity for various recreational uses, such as winter and
summer sports, i.e., snowmobiling, trail bike/motorcycling, ski trails
and related activities. Any development shall require a site plan
review and approval by the Planning Board. These following requirements
must be met:
A. Such a development shall contain at least 100 acres.
B. The applicant shall provide a plan drawn to scale
of one inch equals 400 feet and signed by a licensed engineer which
shall contain the following information:
(1) Existing topographical slopes at ten-foot intervals
and finished grade slopes at the same intervals.
(2) Layout of all structures and uses, to scale, including
proposed lighting, sewage, water systems, drainage, streets, roads,
parking, easements, etc.
(3) The application shall also contain an environmental
impact statement that shall address itself to the effects that the
development may have on noise, water, air pollution and aesthetic
environment, including listing alternatives available to minimize
the effects that the development will have on the environment.
C. No use or structure located in this type of development
shall be located closer than 300 feet to any adjacent property line.
D. All street, road layouts, drainage, etc., shall conform to Chapter
116, Subdivision of Land.
[Amended 2-13-2006 by L.L. No. 2-2006]
A. Special use permit and site plan approval requirements.
(1) Any person who proposes the removal of fewer than
1,000 tons or 750 cubic yards of natural products from the earth within
12 successive calendar months, or expands an existing pit, must obtain
a special use permit from the Planning Board in accordance with the
requirements of this section.
(2) Additionally, site plan approval from the Planning Board, pursuant to Article
VIII of this chapter, is also required.
B. Standards and procedures for small-scale mining.
(1) Standards for small-scale mines. Before granting a
special use permit, the Planning Board shall determine that:
(a)
All lands to be covered by the permit are owned,
leased, rented or otherwise controlled by the applicant.
(b)
The minimum lot area for any such use shall
be five acres.
(c)
All buildings and structures used in such operation
shall be dismantled and removed or converted to an acceptably approved
use as part of the approved reclamation plan.
(d)
The proposed excavation, quarrying and/or associated
activity will not endanger the stability of adjacent structures nor
constitute a detriment to public health, safety, welfare or convenience
by reason of excessive dust, noise, traffic or other conditions before,
during or after extraction.
(e)
The extraction site will not substantially encircle
any residential or other use without the written consent of the owner
and residents.
(f)
The operation will not adversely affect any
wetland, watercourse, residential, commercial or municipal water supply
or sewage disposal system.
(g)
The operation will not adversely affect any
valuable environmental, scenic, cultural or historic features in the
area.
(h)
Screening may be required in such a manner as
to screen all activities from public view to the extent feasible.
(i)
No excavation or other mine-related activities
shall be conducted within:
[1]
One thousand feet of any school, playground
or public gathering place;
[2]
One hundred feet of any designated wetlands
as determined by the NYSDEC;
[3]
One hundred feet of any public right-of-way;
[4]
One hundred feet of any property line or boundary;
[5]
Five hundred feet of a dwelling.
(j)
At any given time, the total size of actively
mined areas shall not exceed five acres. Each mined area shall be
reclaimed before beginning the next area to be mined.
(k)
The final slope of the mine shall conform to
the grading specifications contained in the NYSDEC MLRL.
(l)
No mining or other mine-related activities will
be conducted on Sundays or holidays, nor between the hours of 6:00
p.m. and 7:00 a.m. on Mondays through Saturdays. Further restrictions
may be placed on the permit.
(m)
Mining activities at the site are restricted
to excavation and removal of minerals from the site. Processing of
minerals (i.e., washing, screening or mixing with materials from off-site,
etc.) shall be prohibited.
(n)
Appropriate transportation facilities, including
roads and bridges, exist, or can be economically provided, to safely
transport natural products mined within the Town.
(2) Procedures for small-scale mines.
(a)
In addition to the site plan review application required by Article
VIII and fulfilling the requirements of this section, the applicant shall submit the following documents:
[1]
A mined land use plan, consisting of a mining
plan and a reclamation plan, presented in both graphic and written
form; and
[2]
An environmental assessment form.
(b)
The Town shall bear no costs for those consultant
reviews deemed necessary by the Town pertaining to the project or
the permitting process. Prior to the Town incurring any costs necessary
for its deliberations and chargeable to the applicant, the Planning
Board shall advise the applicant of said costs and obtain the applicant's
agreement to bear such costs.
(c)
The applicant shall furnish the Planning Board
with all information in his possession which might affect its decision.
In addition, the applicant shall be responsible for promptly providing
the Planning Board with any new information or circumstances since
the filing date of the application.
(d)
Any permit, when issued, shall explicitly state
all operating conditions which are necessary to assure compliance
with this section, applicable Town and state laws, ordinances, regulations,
and operational procedures designed to minimize physical and aesthetic
damage to the environment.
(e)
Each extraction site shall be governed by an
individual permit. If an operating group conducts extraction operations
at more than one site in the Town of Naples, his conduct at all sites
shall be considered in determining the provisions of each special
use permit and may be grounds for denial or restriction of such permit.
C. Review of permits for small-scale mines.
(1) If approved, the special use permit shall be issued
by the Planning Board for a three-year period, subject to annual inspection
by the Planning Board or its designee, and to revocation for a finding
of noncompliance with any condition of the permit.
(2) The applicant is required to renew the special use
permit every three years. The Planning Board shall review the history
of the mining operation, the results of the annual inspections, and
the conditions attached to the original permit for possible modifications.
(3) All holders of permits shall advise the Planning Board
of any change of facts and conditions which might affect their ability
to operate under the permit.
(4) Immediately after any change of ownership of any extraction
site or the persons or entities directly responsible for its operation,
the new owner or operator shall apply for a new permit, indicating
on the application any existing or anticipated changes from the data,
plans and/or conditions supporting or included in the previous permit.
(5) Each site shall be inspected for compliance by the
Zoning Enforcement Officer prior to any permit renewal. A written
report of such inspection and its findings shall be made to the Planning
Board. Such inspections may be financed by a fee system established
by the Town Board.
(6) Each permit shall contain provisions which effect
its suspension in the event of a finding of noncompliance with any
term or condition of operation.
D. Reclamation standards and requirements for small-scale
mines. The reclamation plan shall meet the following standards and
requirements:
(1) Timetable. The reclamation plan shall include a timetable
illustrating the progression of reclamation during the permit terms.
(2) Drainage and water resource protection. All final
site drainage shall be designed, sloped, revegetated or treated by
other measures so that drainage patterns, including volume and outflow
points, will be the same as before the mining occurred, unless an
alteration of patterns would improve drainage in the surrounding area.
Measures must be specified to prevent erosion and sedimentation of
wetlands, watercourses, ponds, and public thoroughfares, and an erosion
and sedimentation plan meeting the criteria contained in New York
Guidelines for Urban Erosion Control and Resource Extraction Management
Practices Cataloge for Nonpoint Source Pollution Prevention and Water
Quality Protection in New York State. These best management practices
shall be approved by the Planning Board. The pre-mining quality of
any underlying aquifer must be preserved.
(3) Slopes. All mining structures and accessories, as well as means of ingress and egress, shall be subject to the steep slope requirements of §
132-30 of this chapter.
(4) Reclamation material. All restoration material used
in the final grading of the site shall be free from refuse or toxic
contaminants, and shall be compacted as much as is practical, such
as by installation in layers. All spoil and unused mineral stockpiles
must either be removed from the permit area or utilized during reclamation
of the affected land. All toxic debris and waste, including petroleum
products, shall be removed from the mining site for proper disposal.
(5) Soil cover. Final soil depths and types shall be appropriate
for the expected reuse specified in the application. Topsoil shall
be respread over the excavated area to a minimum depth of six inches.
If the original soil depth was less than six inches, restoration shall
be to a minimum of the original depth. This restored soil shall be
treated with lime and fertilizer and seeded with a grass or legume
mixture prescribed by New York Guidelines for Urban Erosion Control.
(6) Topsoil preservation. All topsoil shall be stripped
from the active excavation area and stockpiled on site and seeded
for use in accordance with the reclamation plan. Such stockpiles shall
be treated to minimize the effects of erosion by wind or water upon
public roads, streams or adjacent property.
(7) Revegetation. Revegetation of the site to control
dust and erosion and to restore the natural character is required.
The operator shall maintain the vegetation for two growing seasons
to ensure viability. Standards and specifications for revegetation
shall be in accordance with recommendations of the New York Guidelines
for Urban Erosion Control.
(8) Surety requirements. After the approval of the application
and before the issuance of any permit, a letter of credit in an amount
approved by the Town Planning Board shall be required. The letter
of credit, certified check, or other surety as allowed by law shall
guarantee that the work shall be in conformity with the permit requirements
and the standards set forth in this section, and provide fluids for
the restoration of the property by the Town, if necessary.
E. Applicability and registration requirements for preexisting
small-scale mines. The following regulations shall apply to preexisting
small-scale mines. All small-scale mines legally existing as of the
date of the enactment of this chapter shall be grandfathered from
the application of this chapter, except for the renewal and registration
requirements listed below.
(1) Renewal.
(a)
The special use permit renewal provisions of Subsection
C and §
132-33 shall be retroactively applied to existing small-scale mines which are currently operating under a special use permit issued by the Town of Naples, or those operating prior to the adoption of this chapter in 1974.
(b)
Any small-scale mine which was established without the issuance of the necessary special use permit or other applicable Town permits or has ceased operations for a period of two years, pursuant to § 132-52E of this chapter, shall not be grandfathered pursuant to this chapter. Reestablishment of the operation of the mine or continued operation shall require the issuance of a special use permit pursuant to this section and §
132-33.
(2) Registration.
(a)
Legally existing small-scale mines operating
under a valid special use permit or those operating prior to the 1974
adoption of zoning shall be required to register as a condition for
the continued operation of the small-scale mine under the requirements
of this chapter.
(b)
Requests for registration shall be made to and
on forms provided by the Town Clerk, on behalf of the Planning Board.
The Planning Board will determine the appropriateness of each request
upon review of the information presented.
(c)
One year from the enactment of this chapter
or the expiration date of an existing special use permit, whichever
comes first, shall be given for those small-scale mines eligible to
register.
(d)
Operation of an unregistered mine pursuant to
this section shall constitute a violation of this chapter and shall
be remedied by the Town Board pursuant to applicable local and state
laws.
(e)
The following information shall be presented
for registration:
[1]
Evidence that the small-scale mining operation
legally existed prior to the adoption of the 1974 Zoning Law.
[2]
A copy of the existing special use permit and
any other accompanying information.
[3]
Information verifying that the small-scale mine
is operating on an established basis.
[4]
A map showing the limits of the small-scale
mine, and that portion which is currently being mined.
(3) Findings. Upon review of the information, the Planning
Board shall make a finding pursuant to the provisions of this chapter
in either one of two instances:
(a)
The Planning Board shall make a finding that
the preexisting small-scale mine is eligible for registration, and
shall direct the Zoning Enforcement Officer to:
[1]
In the case of a legally preexisting small-scale
mine in operation prior to the adoption of the 1974 Zoning Law, issue
a certificate of preexisting nonconformity to the fee owner of the
property; or
[2]
In the case of a legally preexisting small-scale mine operating under a valid special use permit, issue a certificate of preexisting nonconformity to the fee owner of the property informing the owner that the special use is subject to the renewal provisions of Subsection
C.
(b)
The Planning Board shall make a finding that the preexisting small-scale mine is not eligible for registration and shall direct the Planning Board Secretary to notify the fee owner of the property, within five business days of the decision of the Board, that reestablishment of the operation of the mine or continued operation shall require the issuance of a special use permit pursuant to this section and §
132-33.
(4) Time. Requests for a certificate of preexisting nonconformity
after the one-year registration period shall be decided by the Zoning
Board of Appeals.
No zoning permit shall be issued within the
floodplain unless approved by the Planning Board and upon the recommendation
of the Town Engineer. The Planning Board and/or Engineer shall be
guided by the following standards:
A. Any structure permitted shall be designated, constructed
and placed on the lot so as to offer minimum obstruction to the flow
of water. This provision shall also apply to any lot to be located
in the floodplain.
B. Any structure permitted shall be firmly anchored to
prevent the structure from floating off the foundation. All foundations
shall be designated to withstand the one-hundred-year flood and all
structures to be placed on such foundations shall be located above
the high-water mark of the one-hundred-year flood.
C. Where, in the opinion of the Planning Board and/or
Engineer, topographical data, engineering, and other studies are needed
to determine the effects of flooding on a proposed structure and/or
effect of the structure on the flow of water, the Planning Board and/or
Engineer may require the applicant to submit such data, prepared and
signed by a licensed engineer.
D. The granting of approval of any use or structure shall
not constitute a representation, guaranty or warranty of any kind
and shall create no liability upon or cause action against such public
body, officer or employee for any damage that may result pursuant
thereto.
[Added 7-10-2006 by L.L. No. 7-2006]
A. Application process.
(1)
Special use permit. A special use permit pursuant to Article
VII of this chapter is required prior to issuance of a building permit for installation of a residential wind turbine.
(2)
Site plan review. Site plan approval pursuant to Article
VIII of this chapter is required prior to the issuance of a building permit for installation of a residential wind turbine.
B. Wind turbine criteria.
[Amended 7-8-2013 by L.L.
No. 4-2013]
(1)
Setbacks, ice and blade throws.
(a)
Setbacks from adjacent property lines, rights-of-way, easements,
public highways and/or transmission and distribution power lines (not
applicable to individual lines to residences or other structures from
distribution lines) shall be three times the maximum height of the
wind turbine tower, including maximum blade elevation, or two times
the maximum ice or blade throw distance measured to the point of ground
impact, whichever is greater as certified to by a licensed engineer.
(b)
Such setback may be waived by the owner of the property otherwise
benefited by such setback. The wavier must specifically identify the
property otherwise benefited by such setback requirement. The waiver
must specifically identify the subject property by address, deed recording
information as to liber and page, Tax Map parcel number, and owner's
(owners') name and address and contain definitive language waiving
the setback. The waiver must be executed in the form required for
a deed to be recorded and recorded in the office of the County Clerk
of the county in which the subject property is located.
(2)
Wind turbine density. One wind turbine is permitted
per parcel.
(3)
Noise level limit.
(a)
Individual wind turbines shall be located with relation to property
lines so that the level of noise produced shall not exceed average
ambient noise level plus 6 dbA measured at any boundary line or existing
residence in the Town of Naples or elsewhere.
(b)
Such noise level limit may be waived by the owner of any property
otherwise benefited by that noise level limit. The waiver must specifically
identify the subject property by address, deed recording information
as to liber and page, Tax Map parcel number, owner's (owners') name
and address and definitive language waiving the noise level limit.
The waiver must be executed in the form required for a deed to be
recorded and recorded in the office of the County Clerk of the county
in which the subject property is located.
(4)
Guy wires/support cables. All guy wires or support
cables shall be marked with high-visibility orange or yellow sleeves
from ground level to a point 10 feet above the ground. Setbacks for
wind turbine guy wires or support cables shall be a distance of not
less than 50 feet from the nearest property boundary line.
(5)
Lighting. No wind turbine tower shall be lighted
artificially unless such lighting is required by a state or federal
agency. Use of nighttime, and overcast daytime condition, stroboscopic
lighting to satisfy tower facility lighting requirements for the Federal
Aviation Administration shall be subject to on-site field testing
as a prerequisite to the Planning Board's approval, with specific
respect to existing residential or commercial uses within 2,000 feet
of each wind turbine tower for which such strobe lighting is proposed.
(6)
Scenic view impact. No wind turbine shall be
installed in a location where the Planning Board determines the wind
turbine to be detrimental to the general neighborhood character. Final
determination of permissible wind turbine tower height and location
on a lot shall be decided by the Planning Board as part of the site
plan review. No individual wind turbine tower facility shall be installed
in any location that would substantially block a portion of a scenic
view from any public road right-of-way, publicly owned land or privately
owned land within the Town of Naples.
(7)
Broadcast interference.
(a)
No individual wind turbine facility shall be
installed in any location along the major axis of an existing microwave
communications link where its operation will produce electromagnetic
interference in the link's operation.
(b)
No individual wind turbine facility shall be
installed in any location where its proximity with existing fixed
broadcast, retransmission or reception antennas (including residential
reception antennas) for radio, television, or wireless phone or other
personal communication systems would produce electromagnetic interference
with signal transmission or reception.
(c)
The recipient of the special use permit must
correct any unforeseen interference to the satisfaction of the Code
Enforcement Officer within 60 days of any complaint.
(8)
Location on lot. Wind turbine location is not
restricted to rear or side yards on a lot. The Planning Board shall
address the specific location on the lot during site plan review.
C. Specifications.
(1)
Maximum height. Maximum height of a wind turbine
tower shall be 150 feet measured from ground level to the maximum
elevation of the wind turbine blade.
(2)
Kilowatt limit. No residential wind turbine
shall have a generating capacity in excess of 20 kilowatts.
(3)
Color. Residential wind turbines must be finished
in a color or colors acceptable to the Planning Board. Such colors(s)
shall be compatible with the environment of the wind turbine location
and shall be specified as a condition of the permit.
(4)
Tower type. Lattice and solid tube type wind
turbine towers are permitted.
(5)
Design and specifications. Detailed design specifications
will be required as part of the special use and site plan review processes.
The level of detail of the design specifications shall be determined
by the Planning Board.
(6)
Bird migration study. No bird migration study
shall be required for residential wind turbine special use and site
plan applications.
(7)
Ice buildup sensors. Ice buildup sensors shall
not be required for residential windmills.
(8)
Wind turbine electric power line. All electric
power transmission lines from the wind turbine shall be underground.
(9)
Blade tip to ground distance. The lowest elevation
of the wind turbine blade rotation path shall not be less than 15
feet from ground level.
D. Notice and safety considerations.
(1)
Signs.
(a)
Caution signs. Caution signs shall be placed
at the setback limits warning of ice and blade throws. Signs shall
be placed at one-hundred-foot intervals around the circumference of
the setback area and shall be between four feet and six feet above
ground level. Said signs shall be a minimum of one square foot and
no larger than two square feet. Each sign shall have "CAUTION: WATCH
FOR FALLING OBJECTS" printed thereon. In addition, the owner's name
and address shall be printed thereon.
(b)
There shall be no other signs affixed to the
windmill, accessory buildings or enclosure.
(2)
Fencing. Access to the tower shall be limited
either by means of a fence six feet in height enclosing the tower
base with a locking gate or by limiting tower climbing apparatus to
no less than 12 feet above ground level.
(3)
Blade, tip speed inhibitor. To be permitted,
a wind turbine shall, as part of its operating mechanism, contain
an automatic braking, governing, or feathering system to prevent uncontrolled
rotation, overspeeding, and excessive pressure on the tower structure,
rotor blades, and/or turbine components.
E. Operating considerations.
(1)
Removal upon cessation of operation. Any wind
turbine, which has not been in active and continuous service for a
period of one year, shall be removed from the premises within 90 days
thereafter to a place of safe and legal disposal. Any and all structures,
guy cables, guy anchors and/or enclosure accessories to such wind
turbine shall also be removed.
(2)
Building and grounds maintenance. Any damaged
or unused parts shall be removed from the premises within 30 days
or kept in an on-site storage building. All maintenance equipment,
spare parts, oil, and other maintenance supplies shall also be kept
in an on-site storage building.
(3)
Ownership changes. In the event of the change
of ownership of a lot upon which a wind turbine is located pursuant
to a special use permit, the special use permit shall continue in
effect. All conditions of the special use permit, including bonding,
letters of credit or continuing certification requirements of the
original owner, will become obligations of succeeding owners.
(4)
Wind turbine modifications. Any and all modifications,
additions, deletions or changes to wind turbines that operate under
a special use permit, whether structural or not, shall be made by
special use permit, except that such special use permit shall not
be required for repairs which become necessary in the normal course
of use of such wind turbines or become necessary as a result of natural
forces, such as wind or ice.
F. Certifications.
(1)
Routine inspection report. An inspection report
prepared by an independent professional engineer licensed in the State
of New York will be required at the time of installation of a wind
turbine tower. Such report shall be filed with the Code Enforcement
Officer prior to commencement of operation of the wind turbine.
(2)
Insurance, liability. Prior to issuance of a
building permit, the applicant shall provide the Code Enforcement
Officer with proof, in the form of a duplicate insurance policy or
a certificate issued by an insurance company, of liability insurance,
in an amount to be determined by the Planning Board in consultation
with the Town's insurance agent, to cover damage or injury which might
result from the failure of a wind turbine tower, wind turbine or any
part(s) thereof.
(3)
Certification of standards. The applicant shall
show that all applicable manufacturer's, New York State and federal
standards for the construction, operation and maintenance of the proposed
wind turbine have been met or are being complied with. Wind turbines
shall be constructed, operated and maintained to the standards of
the Institute of Electrical and Electronic Engineers (IEEE) and the
American National Standards Institute (ANSI). The applicant for a
wind turbine special use permit shall furnish evidence, over the signature
of a professional engineer licensed to practice in the State of New
York, that such wind turbine is in compliance with such standards.
(4)
Removal bond. The applicant, after a special
use permit has been approved and before a building permit is issued,
shall submit a letter of credit or other acceptable surety sufficient
to ensure the removal if the use of the wind turbine is discontinued.
The Town Engineer and the Town Attorney shall judge this letter of
credit or other surety adequate and satisfactory before a building
permit is issued.
[Added 7-10-2006 by L.L. No. 7-2006]
A. Application process.
(1)
Special use permit. A special use permit pursuant to Article
VII of this chapter is required prior to issuance of a building permit for installation of a commercial wind turbine.
(2)
Site plan review. A site plan approval pursuant to Article
VIII of this chapter is required prior to the issuance of a building permit for or installation of a commercial wind turbine.
B. Wind turbine criteria.
[Amended 7-8-2013 by L.L.
No. 4-2013]
(1)
Setbacks, ice and blade throws.
(a)
Setbacks from adjacent property lines, rights-of-way, easements,
public highways and/or transmission and distribution power lines (not
applicable to individual lines to residences or other structures from
distribution lines) shall be three times the maximum height of the
wind turbine tower, including maximum blade elevation, or two times
the maximum ice or blade throw distance measured to the point of ground
impact, whichever is greater as certified to by a licensed engineer.
(b)
Such setback may be waived by the owner of the property otherwise
benefited by such setback. The wavier must specifically identify the
otherwise benefited property. The waiver must specifically identify
the subject property by address, deed recording information as to
liber and page, Tax Map parcel number, and owner's (owners') name
and address and contain definitive language waiving the setback. The
waiver must be executed in the form required for a deed to be recorded
and recorded in the office of the County Clerk of the county in which
the subject property is located.
(2)
Wind turbine density. One wind turbine is permitted
per parcel, except upon showing to the satisfaction of the Planning
Board that more than one wind turbine is required for the implementation
of a development project.
(3)
Noise level limit.
(a)
Individual wind turbines shall be located with relation to property
lines so that the level of noise produced shall not exceed average
ambient noise level plus 6 dbA measured at any boundary line or existing
residence in the Town of Naples or elsewhere.
(b)
Such noise level limit may be waived by the owner of any property
otherwise benefited by that noise level limit. The waiver must specifically
identify the subject property by address, deed recording information
as to liber and page, Tax Map parcel number, owner's (owners') name
and address and definitive language waiving the noise level limit.
The waiver must be executed in the form required for a deed to be
recorded and recorded in the office of the County Clerk of the county
in which the subject property is located.
(4)
Guy wires/support cables. All guy wires or support
cables shall be marked with high-visibility orange or yellow sleeves
from ground level to a point 10 feet above the ground. Setbacks for
wind turbine tower guy wires or support cables shall be a distance
of not less than 50 feet from the nearest property boundary line.
(5)
Lighting. No wind turbine tower shall be lighted
artificially unless such lighting is required by a state or federal
agency. Use of nighttime, and overcast daytime condition, stroboscopic
lighting to satisfy tower facility lighting requirements for the Federal
Aviation Administration shall be subject to on-site field testing
as a prerequisite to the Planning Board's approval, with specific
respect to existing residential or commercial uses within 2,000 feet
of each wind turbine tower for which such strobe lighting is proposed.
(6)
Scenic view impact. No wind turbine shall be
installed in a location where the Planning Board determines the wind
turbine to be detrimental to the general neighborhood character. Final
determination of permissible wind turbine tower height and location
on a lot shall be decided by the Planning Board as part of the site
plan review. No individual wind turbine tower facility shall be installed
in any location that would substantially block a portion of a scenic
view from any public road right-of-way, publicly owned land or privately
owned land within the Town of Naples.
(7)
Broadcast interference.
(a)
No individual wind turbine facility shall be
installed in any location along the major axis of an existing microwave
communications link where its operation will produce electromagnetic
interference in the link's operation.
(b)
No individual wind turbine facility shall be
installed in any location where its proximity with existing fixed
broadcast, retransmission or reception antennas (including residential
reception antennas) for radio, television, or wireless phone or other
personal communication systems would produce electromagnetic interference
with signal transmission or reception.
(c)
The recipient of the special use permit must
correct any unforeseen interference to the satisfaction of the Code
Enforcement Officer within 60 days of any complaint.
(8)
Location on lot. Wind turbine location is not
restricted to rear or side yards on a lot. The Planning Board shall
address the specific location on the lot during site plan review.
C. Specifications.
(1)
Maximum height. Maximum height of a wind turbine
tower shall be 220 feet measured from ground level to the maximum
elevation of the wind turbine blade.
(2)
Kilowatt limit. No residential wind turbine
shall have a generating capacity in excess of 50 kilowatts.
(3)
Color. Commercial wind turbines must be finished
in a color or colors acceptable to the Planning Board. Such colors(s)
shall be compatible with the environment of the wind turbine location
and shall be specified as a condition of the permit.
(4)
Structure. Both lattice or solid tube type wind
turbine towers are permitted.
(5)
Design and specifications. Detailed design specifications
will be required as part of the special use and site plan review processes.
The level of detail of the design specifications shall be determined
by the Planning Board.
(6)
Bird migration study. No bird migration study
shall be required for commercial wind turbine special use and site
plan applications.
(7)
Ice buildup sensors. Ice buildup sensors shall
not be required for commercial wind turbines.
(8)
Wind turbine electric power line. All electric
power transmission lines from the wind turbine shall be underground.
(9)
Blade tip to ground distance. The lowest elevation
of the wind turbine blade rotation path shall not be less than 15
feet from the ground level.
D. Notice and safety considerations.
(1)
Signs.
(a)
Caution signs. Caution signs shall be placed
at the setback limits warning of ice and blade throws. Signs shall
be placed at one-hundred-foot intervals around the circumference of
the setback area and shall be between four feet and six feet above
ground level. Said signs shall be a minimum of one square foot and
no larger than two square feet. Each sign shall have "CAUTION: WATCH
FOR FALLING OBJECTS" printed thereon. In addition, the owner's name
and address shall be printed thereon.
(b)
There shall be no other signs affixed to the
windmill, accessory buildings or enclosure.
(2)
Fencing. Access to the tower shall be limited
either by means of a fence six feet in height enclosing the tower
base with a locking gate or by limiting tower climbing apparatus to
no less than 12 feet above ground level.
(3)
Blade tip speed inhibitor. To be permitted,
a wind turbine shall, as part of its operating mechanism, contain
an automatic braking, governing, or feathering system to prevent uncontrolled
rotation, overspeeding, and excessive pressure on the tower structure,
rotor blades, and/or turbine components.
E. Operating considerations.
(1)
Removal upon cessation of operation. Any wind
turbine, which has not been in active and continuous service for a
period of one year, shall be removed from the premises within 90 days
thereafter to a place of safe and legal disposal. Any and all structures,
guy cables, guy anchors and/or enclosure accessories to such wind
turbine shall also be removed.
(2)
Building and grounds maintenance. Any damaged
or unused parts shall be removed from the premises within 30 days
or kept in an on-site storage building. All maintenance equipment,
spare parts, oil, and other maintenance supplies shall also be kept
in an on-site storage building.
(3)
Ownership changes. In the event of the change of ownership of a lot upon which a wind turbine is located pursuant to a special use permit changes, the special use permit shall continue in effect. All conditions of the special use permit, including bonding, letters of credit or continuing certification requirements of the original owner, will continue to be obligations of succeeding owners. Change in ownership of the wind turbine shall be registered with the Code Enforcement Officer, and the sign required pursuant to §
132-42.1D(1)(a) shall be modified accordingly.
(4)
Wind turbine modifications. Any and all modifications,
additions, deletions or changes to wind turbines that operate under
a special use permit, whether structural or not, shall be made by
special use permit, except that such special use permit shall not
be required for repairs which become necessary in the normal course
of use of such wind turbines or become necessary as a result of natural
forces, such as wind or ice.
F. Certifications.
(1)
Routine inspection report. An inspection report
prepared by an independent professional engineer licensed in the State
of New York will be required at the time of installation of a wind
turbine tower. Such report shall be filed with the Code Enforcement
Officer prior to commencement of operation of the wind turbine.
(2)
Insurance, liability. Prior to issuance of a
building permit, the applicant shall provide the Code Enforcement
Officer with proof, in the form of a duplicate insurance policy or
a certificate issued by an insurance company, of liability insurance,
in an amount to be determined by the Planning Board in consultation
with the Town's insurance agent, to cover damage or injury which might
result from the failure of a wind turbine tower, wind turbine or towers
or any part(s) thereof.
(3)
Certification of standards. The applicant shall
establish to the satisfaction of the Planning Board or Code Enforcement
Officer that all applicable manufacturer's, New York State and federal
standards for the construction, operation and maintenance of the proposed
wind turbine have been met or are being complied with. Wind turbines
shall be constructed, operated and maintained to the standards of
the Institute of Electrical and Electronic Engineers (IEEE) and the
American National Standards Institute (ANSI). The applicant for a
wind turbine special use permit shall furnish evidence, over the signature
of a professional engineer licensed to practice in the State of New
York, that such wind turbine is in compliance with such standards.
(4)
Removal bond. The applicant, after a special
use permit has been approved and before a building permit is issued,
shall submit a letter of credit or other acceptable surety sufficient
to ensure the removal if the use of the wind turbine is discontinued.
The Town Engineer and the Town Attorney shall judge this letter of
credit or other surety adequate and satisfactory before a building
permit is issued.
[Added 10-12-2015 by L.L.
No. 2-2015]
The Planning Board shall permit home businesses with a special
use permit in the R-1, R-2, or Ag District, provided the following
requirements and conditions are maintained:
A. Intent. The purpose of this section is to provide opportunities for
economic opportunities and diversification of small-scale business
in the Town and to protect the character of residential and agricultural
areas of the Town. Businesses established pursuant to this section
are expected to blend in with the existing character of the area in
which they are located.
B. Type of business. A variety of commercial and manufacturing uses
may be permitted, provided that the requirements of this section are
met.
C. Neighborhood character. The appearance of the structure shall not
be altered and the business shall not be conducted in a manner that
would cause the premises to differ from its existing neighborhood
character, either by the use of colors, materials, construction, lighting,
signs, or the emission of sounds, noises or vibrations. No lights
or noise from the home business shall be noticeable at any time from
any public street or neighboring property.
D. Operation and employees.
(1)
The operator of the home business shall reside in the single-family
dwelling located on the same lot as the home business.
(2)
No more than 10 persons, other than members of the family occupying
such dwelling, shall be employed in such home business at any one
time.
E. Floor area.
(1)
No more than 40% of the gross floor area of a dwelling shall
be used for the conduct of a home business, up to a maximum of 1,000
square feet, provided that the portion of the structure used for residential
purposes shall comply with all applicable laws and codes.
(2)
The entire gross floor area of no more than one detached accessory
structure up to 2,000 square feet may also be permitted for use of
a home business, in addition to space within the dwelling.
F. Outdoor storage of equipment and materials.
(1)
Outside storage of materials used in the home business may be
permitted. Such storage shall be adequately screened from view from
public streets and neighboring property. Such screening may consist
of vegetation, fencing, or a combination of plantings and fencing.
(2)
In the R-1 and R-2 Districts, a maximum of two pieces of equipment,
other than commercial vehicles, may be parked or stored outdoors on
the lot. Such equipment shall be operable and necessary for the conduct
of the home business.
(3)
Outdoor storage of equipment used for the home business shall
only be permitted in the rear yard. Such equipment shall be completely
screened from view from neighboring properties and public roads.
G. Outdoor display of goods. Outdoor display of goods may be permitted,
provided that the goods are displayed in a neat and orderly manner.
The Planning Board may limit the quantity of goods displayed and/or
the amount of land utilized for display of goods and may require appropriate
screening and/or buffers. Areas proposed for the outdoor display of
goods must be clearly delineated in the special use permit application.
H. Signage.
(1)
One sign shall be permitted to identify a home business. No
sign shall have more than two printed sides.
(2)
In the R-1 and R-2 Districts, such sign shall not exceed 16
square feet in area per side.
(3)
In the Ag District, such sign shall not exceed 32 square feet
in area per side.
I. Commercial vehicles. Commercial vehicles used in connection with the home business may be parked outside, but not within the setbacks specified in Subsection
M of this section. The Planning Board may require appropriate screening to minimize the visual impact of such vehicles on neighboring properties.
J. Hours of operation. The home business shall be conducted in such
a manner that all the clients, customers and others coming to do business
at the site of the home business shall arrive and depart between the
hours of 7:00 a.m. and 9:00 p.m.
K. Number of home businesses permitted. More than one home business
may be permitted for each residential property, provided that the
combined impact of such home businesses does not exceed any of the
thresholds established by this section.
L. Parking. Off-street parking shall be provided in accordance with the provisions of §
132-29. The off-street parking for the home business shall be in addition to the parking required for the residence.
M. Setbacks. Any accessory building used in conjunction with the home
business shall be set back a minimum of 75 feet from all property
lines. Off-street parking and loading spaces, as well as outdoor storage
and display, shall be set back a minimum of 50 feet from all side
and rear property lines and not less than 75 feet from all public
rights-of-way.
N. Deliveries. Tractor-trailer deliveries shall be permitted, unless
the Planning Board determines that the site does not provide access
and/or turnaround space and geometry that is safe, or that such deliveries
would be of such a frequency that they would be disruptive to neighboring
properties or the character of the neighborhood.
O. Inspection. The Zoning Officer shall review the premises operating
under the special use permit for compliance every five years, and
within six months of change of ownership.
[Added 9-5-2017 by L.L.
No. 4-2017]
A. Major solar collector systems are subject to the following design
standards:
(1)
The total coverage of all buildings and structures on a lot,
including the total area occupied by solar collector devices, shall
not exceed 50%.
(2)
Height and setback restrictions established pursuant to site
plan approval:
(a)
The maximum height for freestanding solar panel devices located
on the ground, or attached to a framework located on the ground, shall
not exceed 15 feet above ground level.
(b)
The minimum setback from side and rear property lines shall
be 75 feet.
(c)
The minimum setback from the center line of public highways
shall be 100 feet.
(d)
A landscaped buffer shall be provided around the perimeter of
all equipment and solar collector devices in order to provide screening
from adjacent properties and public highways. The landscaping shall
be located outside of the fencing.
(e)
Notwithstanding the setbacks prescribed in Subsection
A(2)(b) and
(c) of this section, all solar collector devices are prohibited from being placed in such a fashion that will create a reflective glare onto any lot or premises which are not a part of the major solar collector system.
(3)
In the event that the property of the proposed project is to
be leased, legal consent between all parties, specifying the use(s)
of the land for the duration of the project including easements and
other agreements, shall be submitted.
(4)
Blueprints showing the layout of the solar energy system signed
by a professional engineer or registered architect shall be required.
(5)
The equipment specification sheets shall be documented and submitted
for all photovoltaic panels, significant components, mounted systems
and inverters that are to be installed.
(6)
Property operation and maintenance plan. Such plan shall describe
continuing photovoltaic maintenance and property upkeep, such as mowing.
(7)
All large-scale solar energy systems shall be enclosed by fencing
to prevent unauthorized access. Warning signs with the owner's contact
information shall be placed on the entrance and perimeter of the fencing.
(8)
Removal of trees and other existing vegetation shall be minimized
or offset with equivalent planting elsewhere on the property.
(9)
All on-site utility and transmission lines shall, to the extent
feasible, be placed underground.
(10)
Solar collector devices and other facilities shall be designed
and located in order to prevent reflective glare toward buildings
on adjacent properties and public highways.
(11)
All mechanical equipment, including any structure for batteries
or storage cells, shall be enclosed by a minimum eight-foot-high fence
with a self-locking gate and provided with landscape screening.
B. Signage.
(1)
A sign not to exceed eight square feet shall be displayed on
or near the main access point to the property and shall list the facility
name, owner and emergency phone number.
(2)
A clearly visible warning sign concerning voltage shall be placed
on appropriate electrical infrastructure.
C. Abandonment.
(1)
All applications for a major solar collector system shall be
accompanied by a decommissioning plan to be implemented upon abandonment
or cessation of activity. Such decommissioning plan shall be a condition
of the special use permit.
(2)
In the event that the applicant begins but does not complete
construction of the project within 18 months after receiving the special
use permit and final site plan approval, the project shall be deemed
abandoned and implementation of the decommissioning plan shall be
required.
(3)
The decommissioning plan must ensure that the site will be restored
to a useful, nonhazardous condition without delay, including but not
limited to the following:
(a)
Removal of aboveground and below-ground equipment and structures.
(b)
Restoration of the surface grade.
(c)
Revegetation of the area.
(d)
Specification of the time by which completion of site restoration
work will be completed.
(e)
Upon cessation of activity of an operational major solar collector
system for a period of one or more years, the Town shall require the
owner and/or operator of the facility to implement the decommissioning
plan.
D. If the large-scale solar energy system is not decommissioned after
being considered abandoned, the municipality may remove the system
and restore the property and impose a lien on the property to cover
these costs to the municipality.
E. The special use permit may require a condition that a decommissioning
bond be posted in an amount sufficient to cover the decommissioning
requirements.