Underground utilities, including telephone and electric facilities, are encouraged. Developers may be asked to provide justification if underground utilities are not provided in the site plan. Major installations are not to include the installation of standard electric and telephone poles, lines, underground cable or electric connections.
The erection, location, construction or placement of any building or structure within any flood hazard area designated on the Official Zoning Map of the Town of Oneonta, or in a special flood hazard area designated by the Federal Insurance Administrator under the provisions of the National Flood Insurance Act of 1968, as amended, shall be subject to the following special regulations. The land area lying below the water surface level of a one-hundred-flood as identified by the Federal Insurance Administrator is hereby designated as lying within the aforementioned special flood hazard area.
A. 
All buildings and structures shall be designed and anchored to prevent flotation, collapse or lateral movement; shall use construction materials and utility equipment that are resistant to flood damage; and shall use construction methods and practices that will minimize flood damage.
B. 
All public utility systems and facilities serving any building or structure shall be located, elevated or constructed to minimize or eliminate flood damage; and adequate on-site drainage shall be provided to reduce exposure to flood hazards.
C. 
No floor level, including a basement floor, in a residential structure shall be constructed below the water surface elevation level of a one-hundred-year flood.
D. 
In a nonresidential structure, no floor level, including a basement floor, shall be constructed below the water surface elevation level of a one-hundred-year flood; except that floor area, together with attendant utility and sanitary facilities, may be constructed below this level if floodproofed.
E. 
Within a designated floodway designated by the Federal Insurance Administrator, no use, including landfill, or structure shall be permitted within any floodplain having a special flood hazard unless or until the person owning or developing such use or structure shall demonstrate that the proposed use or structure, when combined with all other existing uses or proposed uses approved by the Town Planning Board under this section, will not increase the water surface elevation of a one-hundred-year flood more than one foot at any one point.
F. 
Within a designated floodway, fill or encroachment that would impair its ability to carry and discharge the water resulting from a one-hundred-year flood is prohibited, except where the effect on flood heights is fully offset by stream improvements.
G. 
No building or structure shall be erected or altered in any designated floodable area or special flood hazard area unless and until a site plan showing such proposed development is presented to and approved by the Town Planning Board in conformance with Article XVI of this chapter and a building permit therefor is issued.
[Amended 6-9-1982; 2-12-1992 by L.L. No. 5-1992]
Unless otherwise specified, there shall be only one principal use and building per lot in R-80, RA-40, R-20, R-10, B-1 and B-2 Districts. In ID, ID-2, PDD and HDD Districts there may be more than one building per lot but with only those uses as enumerated in the appropriate sections of this chapter.
The limitation of height shall not apply to chimneys, aerials, silos, elevators, water tanks, ventilators, skylights, tanks and other necessary features usually carried above roofs, nor to towers, antennas or spires of churches or other buildings.
For any through lot fronting on parallel or abutting streets, both frontages shall comply with the front yard requirements of the district in which it is located.
[Amended 8-9-1989]
There shall be no open storage of a motor vehicle(s) upon any property within the town for a period of 30 continuous days when such motor vehicle(s) has been so dismantled or parts removed therefrom or otherwise abandoned that such vehicle(s) may be incapable of operation or use.
[Amended 1-22-1986 by L.L. No. 1-1986; 8-9-1989; 11-8-1989]
There shall be no open storage of unregistered motor vehicle(s) in a residential district for more than 90 days, except as provided below.
[Added 11-8-1989]
A. 
Legislative intent. Abandoned, dismantled and junked motor vehicles that litter a town's landscape diminish property values and scenic beauty. The Town Board, in enacting this section, recognizes that circumstances may exist when it is impossible for owners of hobby or historic vehicles and owners of seasonally used vehicles to comply with the prohibitions set forth above. Therefore, the Town Board does hereby establish a procedure whereby the owners of certain unregistered motor vehicles are permitted unenclosed storage of their vehicles where circumstances do not permit fully enclosed storage. It is not the intent of the Board that this section shall be used to avoid the prohibitions of § 103-66 of this chapter.
B. 
For purposes of this section, a "hobby vehicle" shall be defined as any unregistered motor vehicle which is actively being restored, repaired, refurbished or remodeled by the owner. A seasonally used vehicle shall be any unregistered fully operational motor vehicle, car or truck which is used or stored on premises for a certain period of time each year. Automobiles which are actively being used to provide parts for hobby vehicles shall be deemed "hobby vehicles" under the terms of this section.
C. 
Hobby and seasonally used vehicles may exceed the 90 days established above when the owners have complied with the requirements of this section. This section shall not apply to any junked or abandoned motor vehicle that is incapable of operation or use and is not being used to provide parts for a hobby vehicle. Such junked or abandoned motor vehicle shall be governed by § 103-66.
D. 
Owners of hobby or seasonal motor vehicles may satisfy the requirements of this section by filing applications with the Code Enforcement Office for special vehicle permits. Upon approval, such special vehicle permits will allow owners to store vehicles, unenclosed, for a period of more than 90 days, subject to the following requirements:
(1) 
The applicant must affirm that the vehicle he is registering is being restored or that restoration will imminently commence or is providing parts for a hobby vehicle or is a fully operational seasonal vehicle that will not be operated on any public highway during the time it is so registered with the town and is not a junked or abandoned vehicle.
(2) 
The applicant shall list the make, model, serial number and year of any vehicle so registered, along with the name and address of the owner of record. A copy of the current title, expired registration or other legal documentation of ownership shall be affixed to such application. The applicant shall indicate whether the vehicle is hobby or seasonal. Special rules for seasonal vehicles, such as "winter rats": owner shall indicate months of the year when vehicle will be used and may apply for permit valid for six months.
(3) 
Upon approval by the Town Code Enforcement Officer and payment of the annual fee, the owner shall be issued a renewable special vehicle permit, which shall exempt him from the requirements of § 103-67; i.e., storing an unregistered vehicle in an unenclosed area for more than 90 days. No hobby vehicle may be so registered for more than five consecutive years.
(4) 
Any fraudulent statements or misrepresentations by the applicant on the application will cancel the special permit, at which time the ninety-day maximum time period will begin. The Code Enforcement Officer shall notify the owner of record that his permit has been revoked and shall so state in writing why the permit has been revoked. Further, any special permit may be revoked by Code Enforcement Officer with 30 days notice to the owner if, in the judgment of the Code Enforcement Officer, the applicant is not complying with the terms of this section.
(5) 
The permit must be surrendered upon registration of vehicle with the New York State Department of Motor Vehicles.
(6) 
The permit must be available for inspection by the Code Enforcement Officer of the town.
(7) 
Hobby vehicles must be covered with an opaque plastic, canvas or cloth tarpaulin. Seasonal vehicles must be covered with an opaque plastic, canvas or cloth tarpaulin when not in use.
(8) 
Hazards, hobby vehicles. All vehicles deemed "hobby vehicles" under this section must drain flammable and hazardous liquids from the vehicle and dispose of them properly. In addition, the vehicle must be kept free of broken glass and other dangerous materials so that it does not pose a hazard or threat to public health and safety. Failure by the applicant to so maintain vehicle may result in revocation of the special vehicle permit.
(9) 
Under no circumstances may a seasonal vehicle, while registered with the Town of Oneonta, be operated on any public road, street, highway or right-of-way. Such action is grounds for revocation of the special vehicle permit.
(10) 
The following nonrefundable fee must accompany each application, and fees shall be amended upon resolution of the Town Board:
Type of Application
Fee
Hobby vehicles, annual Seasonal use
$10.00
6-month
$5.00
Annual
$10.00
A. 
On any lot or plot, no storage of litter, debris or junk shall be permitted in the front, side or rear yards.
[Amended 6-9-1993 by L.L. No. 3-1993]
B. 
All spaces between buildings and structures shall be kept sufficiently free and clear of materials of every nature for the purpose of providing adequate light, air and protection against fire.
C. 
Dumping of refuse or waste material or debris at places other than the prescribed disposal sites is prohibited in all districts, except that excavations may be filled with inorganic waste material, soil, rock and nontoxic building materials for the purpose of establishing grades.
[Amended 6-9-1993 by L.L. No. 3-1993]
Within a triangle formed by the street lines of two intersecting streets and a line connecting points on such street lines measured 50 feet from the point or projected point of intersection, no fence, wall or hedge shall be erected or established except as meets the following criteria:
A. 
No fence, wall or hedge shall exceed four feet in height, measured from the level of the existing or planned crown of the adjacent roadway, except as otherwise permitted by these regulations.
B. 
When necessary for public safety or private security, fences of open construction, including but not limited to chain link, wire or metal, may be erected within the aforementioned vision triangle, provided that the Town Highway Superintendent finds that such a fence will not materially obstruct vision or constitute a traffic hazard.
C. 
When an intersection has traffic right-of-way continuously controlled by a suitable traffic control device such that a lesser vision triangle is necessary to provide adequate traffic safety, the Town Highway Superintendent may recommend and the Town Planning Board may grant a waiver of all or part of the requirements of this section.
In any district where permitted, unless the regulations of that district are more restrictive, commercial garages shall be subject to the following regulations:
A. 
No fuel pump shall be located within 20 feet of any street line or side lot line, measured from the outside edge of the fuel island.
B. 
No access drive shall be within 200 feet of and on the same side of the street as a public or semipublic use, as defined herein, unless a street lies between the commercial garage and the public or semipublic use.
C. 
All major repair work shall be done within a completely enclosed building.
D. 
Curbing to regulate the location of vehicular traffic shall be installed at the street line of the lot, except for access drives.
[Amended 8-13-1997 by L.L. No. 4-1997; 4-11-2001 by L.L. No. 2-2001; 6-13-2001 by L.L. No. 3-2001]
In all districts, the keeping of four or more dogs over six months of age, five or more cats or any number of horses, cattle, sheep, goats, rabbits, pigs or other animals, whether kept for commercial or domestic purposes or for sale or for hire, shall be prohibited except where such animals are contained within a suitable fenced enclosure not within 50 feet of any lot line. No setback shall be required along that portion of an owner's parcel adjacent to a public road. In addition, the owner of any parcel of land less than one acre in size upon which any number of horses or cattle are kept shall not be permitted to maintain a manure pile, but instead shall be required to store any manure in a suitable, enclosed container and to dispose of the contents thereof at least two times per calendar month. Animal hospitals, kennels and farms, as otherwise provided for in this chapter, shall be exempt from this provision.
[Added 2-12-1986; amended 6-10-1992]
Outdoor pools between 18 inches and 48 inches high shall be protected by an enclosure to comply with the following:
A. 
At least four feet in height from grade to top of fencing.
B. 
Vertical openings not to exceed four inches.
C. 
Chain link openings not to exceed two inches.
D. 
Railings and posts to be on the interior of fencing and must be capable of withstanding a one-hundred-fifty-pound lateral force. Gates or openings shall be self-closing and self-latching, latching devices to be located at least 40 inches above grade.
E. 
If the dwelling wall or walls are to be included as part of the fencing, all openings shall be self-closing and self-latching or at a base height of at least 40 inches.
F. 
Pool decking.
(1) 
Pool decking will be accepted in lieu of required fencing when:
(a) 
The decking starts at least 46 inches from grade.
(b) 
The entrance stairs to the deck have a self-closing gate.
(c) 
The gate has a self-latching device located at least 40 inches from grade and located on the pool side of the gate.
(d) 
The decking has railings as per Section 713.1f-3 of the New York State Uniform Fire Prevention and Building Code.
(2) 
If abutting a dwelling, pool decking must comply with Subsection E of this section.
In all districts, all uses shall be subject to the following performance standards. Standard methods of collection and chemical analysis or any method approved by the United States Bureau of Standards shall be used in the application of these standards.
A. 
Any use which may be noxious or offensive by reason of the emission of odor, fumes, smoke, dust, gas, vibration or noise shall be prohibited.
B. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection B, Noise, was repealed 4-12-1989 by L.L. No. 1-1989, See now Ch. 61, Noise.
C. 
Dust and dirt. It shall be unlawful for any person to permit or cause to escape such quantities of soot, cinders or fly ash as to exceed 0.3 grain per cubic foot of flue gases at a stack temperature of 500° F. when measured at the top of the stack. Other kinds of dust, dirt and other particulate matter shall not be in excess of 0.3 grain per cubic foot of air as measured at the top of the stack and corrected to standard conditions, provided that if the top of the stack is 100 feet or more above the finished grade, the amount of particles of not more than 10 microns in size, if any, may be increased to an amount not in excess of 0.03(H/1002) grains per cubic foot, corrected to standard conditions, where H is the height of the top of the stack above the finished grade.
D. 
Parking. There shall be no off-site parking of motor vehicles. Each land user must provide sufficient, suitable on-site parking spaces to prevent any necessity for off-site parking, as required by Article XIII.
E. 
Vibration. It shall be unlawful for any person to permit or cause, as a result of normal operations, a vibration which creates a displacement of plus or minus 0.003 of an inch as measured at the property lines.
F. 
Noxious gases. It shall be unlawful for any person to permit the escape of such quantities of noxious acids, fumes or gases in such a manner and concentration as to endanger the health, comfort or safety of any person or to cause or have a tendency to cause injury or damage to property, business or vegetation. The emission of sulfur dioxide, carbon monoxide, photochemical oxidants, hydrocarbons (nonmethane), nitrogen dioxide, fluorides, hydrogen sulfide and beryllium shall be within the air quality standards of the New York State Department of Environmental Conservation.
G. 
Glare. It shall be unlawful for any person to carry on a process causing a continuous direct or sky-reflected glare, whether from floodlights or from high-temperature process, such as combustion or welding, at such a location so as to cause glare or impair the vision of the driver of any motor vehicle.
H. 
Radioactive materials. It shall be unlawful for any person to permit the emission of such quantities of radioactive material, in any nature whatsoever, as to be unsafe under standards established by the United States Bureau of Standards.
I. 
Fire and safety hazards. All buildings, operations, storage, waste disposal, etc., shall be in accordance with applicable provisions of the latest published edition of the Fire Prevention Code issued by the National Board of Fire Underwriters. This provision shall not apply to one- or two-family dwellings.
J. 
Open storage. It shall be unlawful for any person to permit the open storage of any material, scrap or waste material without screening, such as a fence, hedge or other barrier at least six but not more than eight feet in height that makes the open storage invisible to persons passing in a normal manner any property line facing a public right-of-way. Location of said screening shall be subject to the front, side and rear yard restrictions; provided, however, that protective fencing, decorative planting, etc., shall not be subject to these restrictions. This provision shall not apply to one- or two-family dwellings.
K. 
It shall be unlawful for any person to kindle or maintain any fire for the purpose of disposing of or incinerating trash, garbage, leaves, green waste, refuse or rubbish unless a burning permit has been issued by the New York State Department of Environmental Conservation. Barbeque fires or fires for the cooking of food kindled by firewood or charcoal are permitted, but only in a fireplace or other fireproof container or barbeque pit. Campfires unrelated to cooking are permitted in approved campgrounds. Such campfires are also permitted in R-80 and R-40 Districts, but not within 150 feet of a neighboring dwelling unless permission has been granted by the owner of said dwelling. Said fires shall be in a fireplace, fireproof container or pit and shall not be located near or adjacent to any flammable materials or structures so as to create a fire hazard.
[Amended 9-9-1987; 8-10-2005 by L.L. No. 6-2005; 10-12-2005 by L.L. No. 7-2005]
L. 
Pollution of water.
(1) 
It shall be unlawful for any person to permit the pollution of surface water drainage or of groundwater in any manner that renders it less usable in quality and quantity for irrigation, swimming, drinking, visual attractiveness or whatever lawful uses may be made of water resources to persons downstream.
(2) 
The specifications and standards of the New York Department of Environmental Conservation with respect to floating solids, settleable solids, oil, sludge deposits, taste- or odor-producing substances, sewage or wastes effluent, pH. dissolved oxygen, toxic wastes deleterious substances and colored or other wastes or heated liquids (by stream classification) shall govern the contaminant levels within which any and all uses must perform.
[Added 8-14-2012 by L.L. No. 4-2012; amended 4-12-2017 by L.L. No. 3-2017]
A. 
Purpose and intent. The Town of Oneonta recognizes that solar energy is a clean, readily available and renewable energy source. Development of solar energy systems offers an energy source that can prevent fossil fuel emissions, reduce the Town's energy demands and attract and promote green business development within the Town. The Town of Oneonta has determined that comprehensive regulations regarding the development of solar energy systems are necessary to protect the interests of the Town, its residents, and businesses. This section is intended to promote the effective and efficient use of solar energy systems; establish provisions for the placement, design, construction, operation and removal of such systems in order to uphold the public health, safety and welfare; and to ensure that such systems will not have a significant adverse impact on the aesthetic qualities and character of the Town.
B. 
Applicability. This section shall apply to all solar energy systems in the Town of Oneonta which are installed or modified after the effective date of this section. All solar energy systems which are installed or modified after the effective date of this section shall be in compliance with all of the provisions hereof.
C. 
Building-integrated solar energy systems.
(1) 
Districts where allowed. Building-integrated solar energy systems shall be permitted in all zoning districts within the Town subject to the submission of, application for, and review and issuance of an applicable building permit.
(2) 
Building-integrated solar energy systems shall be subject to the general requirements set forth at § 103-72.1F.
D. 
Rooftop-mounted solar energy systems.
(1) 
Districts where allowed. Rooftop-mounted solar energy systems shall be permitted in all zoning districts within the Town subject to the following requirements:
(a) 
A building permit shall be required for installation of all rooftop-mounted solar energy systems.
(b) 
Rooftop-mounted solar energy systems shall not exceed the maximum allowed height of the principal use in the zoning district in which the system is located.
(c) 
In order to ensure firefighter and other emergency responder safety, except in the case of accessory buildings under 1,000 square feet in area, and to ensure access to the roof, provide pathways to the roof, and provide smoke ventilation and emergency access, the installer will follow the Uniform Code in effect at the time of installation.
[1] 
Exceptions to these requirements may be requested where access, pathway or ventilation requirements are reduced due to:
[a] 
Unique site-specific limitations;
[b] 
Alternative access opportunities (such as from adjoining roofs);
[c] 
Ground level access to the roof area in question;
[d] 
Other adequate ventilation opportunities when approved by the Codes Office;
[e] 
Adequate ventilation opportunities afforded by panels set back from other rooftop equipment (for example: shading or structural constraints may leave significant areas open for ventilation near HVAC equipment);
[f] 
Automatic ventilation devices; or
[g] 
New technology, methods or other innovations that ensure adequate emergency responder access, pathways and ventilation opportunities.
[2] 
In the event any of the standards in this section are more stringent than the New York State Uniform Fire Prevention and Building Code, they shall be deemed to be installation guidelines only and the standards of the Code shall apply.
(2) 
Rooftop-mounted solar energy systems shall be subject to the general requirements set forth at § 103-72.1F.
(3) 
Rooftop-mounted solar energy systems which are not eligible for the unified solar permit provisions set forth at § 103-72.1D(4) shall otherwise be subject to and comply with the requirements set forth therein in addition to the requirements specified in § 103-72.1D(1) and (2).
(4) 
The Town-adopted unified solar permit for eligible rooftop-mounted solar energy systems shall be submitted.
(a) 
Provided the rooftop-mounted solar energy system meets the requirements for a unified solar permit, an applicant shall only be subject to and comply with the requirements specified in this § 103-72.1D(4). An applicant must submit the unified solar permit application to the Code Enforcement Officer as follows:
[1] 
Unified solar permit eligibility checklist.
[2] 
A site plan showing location of major components of the solar energy system and other equipment on the roof or legal accessory structure. This plan should represent relative locations of components at the site, including, but not limited to, location of arrays, existing electrical service locations, utility meters, inverter locations, system orientation and tilt angles. This plan should show access and pathways that are compliant with New York State Uniform Fire Prevention and Building Code, if applicable.
[3] 
One-line or three-line electrical diagram. The electrical diagram required by NYSERDA for an incentive application and/or utilities for an interconnection agreement may also be provided here.
[4] 
Specification sheets for all manufactured components. If these sheets are available electronically, a web address will be accepted in place of an attachment, at the discretion of the Town.
[5] 
All diagrams and plans must be prepared by a professional engineer or registered architect as required by New York State law and include the following:
[a] 
Project address, section, block and lot number of the property;
[b] 
Owner's name, address and phone number;
[c] 
Name, address and phone number of the person preparing the plans; and
[d] 
System capacity in kW-DC.
(b) 
Permit review and inspection timeline. Unified solar permit determinations will be issued within 14 days upon receipt of complete and accurate applications. The municipality will provide feedback within seven days of receiving incomplete or inaccurate applications. Installation inspections will be conducted as necessary.
E. 
Ground-mounted solar energy systems.
(1) 
Districts where allowed. Ground-mounted solar energy systems are permitted as accessory structures in the RA, RA-40, R-80, ID and ID-2, PDD and MHD subject to the granting of site plan approval by the Planning Board and further subject to the following requirements:
(a) 
A building permit and site plan approval shall be required for installation of all ground-mounted solar energy systems.
(b) 
Ground-mounted solar energy systems are prohibited in front yards.
(c) 
Ground-mounted solar energy systems shall comply with the most restrictive area, yard and bulk regulations in each applicable zoning district in which the ground-mounted solar energy system is constructed.
(d) 
Setbacks. Further setbacks, area and yard requirements and bulk restrictions may be required by the Planning Board in addition to those set forth in § 103-72.1E(1)(c) above in order to protect the public's safety, health and welfare.
(e) 
The height of the solar collector/panel and any mounts shall not exceed 15 feet in height when oriented at maximum tilt measured from the ground and including any base.
(f) 
As part of the site plan approval, a ground-mounted solar energy system shall be screened when possible and practicable from adjoining lots and street rights-of-way through the use of architectural features, earth berms, landscaping, fencing or other screening which will harmonize with the character of the property and the surrounding area. The proposed screening shall not interfere with the normal operation of the solar collectors/panels.
(g) 
The ground-mounted solar energy system shall be located in a manner to reasonably minimize view blockage for surrounding properties and shading of property to the north, while still providing adequate solar access for the solar energy system.
(h) 
Neither the ground-mounted solar energy system nor any component thereof shall be sited within any required buffer area.
(i) 
The total surface area of all ground-mounted solar energy system components shall not exceed 1,000 square feet.
(j) 
The area beneath the ground-mounted solar energy system shall not be included as impervious surface coverage in calculating whether the lot meets the maximum permitted lot coverage requirements for the applicable zoning district. Such uses shall also not be counted toward the limitation on the number of accessory structures or uses permitted on a parcel.
(k) 
The criteria for site plans as set forth in Chapter 103, Article XVI, shall be demonstrated for each application.
(2) 
Districts where prohibited. Ground-mounted solar energy systems shall not be permitted in R10, R-20, B-1, B-2 and HDD.
F. 
General requirements applicable to solar energy systems.
(1) 
All solar energy system installations must be performed by a qualified solar installer.
(2) 
Solar energy systems, unless part of a solar farm, shall be permitted only to provide power for use by owners, lessees, tenants, residents or other occupants of the premises on which they are erected, but nothing contained in this provision shall be construed to prohibit the sale of excess power through a net-metering arrangement in accordance with New York Public Service Law § 66-j or similar state or federal statute.
(3) 
Prior to operation, electrical connections must be inspected by a Town Code Enforcement Officer and by an appropriate electrical inspection person or agency, as determined by the Town.
(4) 
Any connection to the public utility grid must be inspected by the appropriate public utility, and proof of inspection shall be provided to the Town.
(5) 
Solar energy systems shall be maintained in good working order.
(6) 
Solar energy systems shall be permitted only if they are determined by the Town to be consistent in size and use with the character of surrounding neighborhood.
(7) 
Solar energy systems shall be permitted only if they are determined by the Town not to present any unreasonable safety risks, including but not limited to:
(a) 
Weight load;
(b) 
Wind resistance; and
(c) 
Ingress or egress in the event of fire or other emergency.
(8) 
All solar energy systems described in this section shall meet and comply with all relevant and applicable provisions of the New York State Uniform Fire Prevention and Building Code Standards. To the extent the provisions of the New York State Uniform Fire Prevention and Building Code are more restrictive than the provisions set forth in this section, the provisions of the New York State Uniform Fire Prevention and Building Code shall control.
(9) 
If solar storage batteries are included as part of the solar energy system, they must be placed in a secure container or enclosure meeting the requirements of the New York State Uniform Fire Prevention and Building Code when in use and when no longer used shall be disposed of in accordance with the laws and regulations of the Town and other applicable laws and regulations.
(10) 
All utility services and electrical wiring/lines shall be placed underground and otherwise be placed within the walls or unobtrusive conduits. No conduits or feeds may be laid on the roof. Feeds to the inverter shall run within the building and penetrate the roof at the solar panel location.
(11) 
If a solar energy system ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall completely remove the system, mount and all other associated equipment and components by no later than 90 days after the end of the twelve-month period or within 10 days of written notice from the Town.
(12) 
To the extent practicable, solar energy systems shall have neutral paint colors, materials and textures to achieve visual harmony with the surrounding area.
(13) 
The design, construction, operation and maintenance of the solar energy system shall prevent the direction, misdirection and/or reflection of solar rays onto neighboring properties, public roads, public parks and public buildings.
(14) 
Marking of equipment.
(a) 
Solar energy systems and components shall be marked in order to provide emergency responders with appropriate warning and guidance with respect to isolating the solar electric system. Materials used for marking shall be weather-resistant. For residential applications, the marking may be placed within the main service disconnect. If the main service disconnect is operable with the service panel closed, then the marking should be placed on the outside cover.
(b) 
In the event any of the standards in this subsection for markings are more stringent than applicable provisions of the New York State Uniform Fire Prevention and Building Code, they shall be deemed to be guidelines only, and the standards of the State Code shall apply.
G. 
Solar farms.
(1) 
Districts where allowed. Subject to the issuance of site plan approval and a special use permit and other requirements as set forth herein, solar farms shall not be a permitted use in any zoning district other than RA-40, R-80, ID, ID-2, and PDD Districts, within the Town.
(2) 
Districts where prohibited. Solar farms shall be prohibited in R-20, R-10, B-1, B-2, HDD, and Watershed Overlay District.
(3) 
Lot area and yard regulations. The following lot area and yard regulations shall apply to solar farms located in the RA-40, R-80, ID, and ID-2 Districts within the Town.
(a) 
Minimum street frontage: 300 feet.
(b) 
Minimum lot area: 10 acres.
(c) 
Minimum front yard setback: 150 feet.
(d) 
Minimum rear yard setback: 100 feet.
(e) 
Minimum side yard setback: 100 feet.
(4) 
Permits required. No person, firm or corporation, or other entity being the owner, occupant, or lessee of any land or premises within the Town of Oneonta shall use or permit the use of land or premises for the construction or installation of a solar farm without obtaining a building permit, a special use permit and site plan approval issued by the Planning Board as hereinafter provided.
(5) 
Special use permit.
(a) 
In addition to the criteria established pursuant to § 103-96, the following criteria are hereby established for purposes of granting a special use permit for a solar farm under this chapter:
[1] 
Scenic viewsheds. A solar farm shall not be installed in any location that would substantially detract from or block the view(s) of all or a portion of a recognized scenic viewshed as viewed from any public road, right-of-way or publicly owned land within the Town of Oneonta or that extends beyond the border of the Town of Oneonta. For purposes of this subsection, consideration shall be given to any relevant portions of the current, amended and/or future Town of Oneonta Comprehensive Plan and/or any other prior, current, amended and/or future officially recognized Town planning document or resource.
[2] 
Emergency shutdown/safety. The applicant shall demonstrate the existence of adequate emergency/safety measures. The applicant shall post an emergency telephone number so that the appropriate entities may be contacted should any solar panel or other component of the solar farm need immediate repair or attention. This emergency telephone number should be clearly visible and in a location which is convenient and readily noticeable to someone likely to detect a problem.
[3] 
Security. All solar farms shall be secured to the extent practicable to restrict unauthorized access. See § 103-72.1G(6)(a)[17].
[4] 
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 farm, they shall be constructed in a way that allows for the passage of emergency vehicles in the event of an emergency. Each application shall be accompanied by correspondence from the responding fire department and emergency care provider as to the acceptability of the proposed ingress to and egress from the solar farm site.
[5] 
The development and operation of the solar farm shall not have a significant impact on fish, wildlife, animal or plant species or their critical habitats, or other significant habitats identified by the Town of Oneonta or federal or state regulatory agencies.
[6] 
Setbacks. Additional setbacks may be required from those set forth in § 103-72.1G(3) by the Planning Board in order to provide for the public's safety, health and welfare.
(b) 
Waiver. The Planning Board may, upon exercise of its reasonable discretion, waive one or more of the submission requirements imposed herein. Relief from all other requirements must be made by way of an area or use variance from the Zoning Board of Appeals.
(6) 
Site plan review.
(a) 
The following submission requirements must be observed regarding a site plan application for a solar farm. The Planning Board may also require any of the requirements of Chapter 103 as part of the submission.
[1] 
A completed application form as supplied by the Town of Oneonta for site plan approval for a solar farm.
[2] 
Proof of ownership of the premises involved or proof that the applicant has written permission of the owner to make such application.
[3] 
Plans and drawings of the proposed solar farm installation signed by a professional engineer registered in New York State showing the proposed layout of the entire solar farm along with a description of all components, whether on site or off site, existing vegetation and proposed clearing and grading of all sites involved. Clearing and/or grading activities are subject to review by the Planning Board and shall not commence until the issuance of site plan approval. The plans and development plan shall be drawn in sufficient detail and shall further describe:
[a] 
Property lines and physical dimensions of the proposed site, including contours at five-foot intervals.
[b] 
Location, approximate dimensions and types of all existing structures and uses on the site.
[c] 
Location and elevation of the proposed solar farm and all components thereof.
[d] 
Location of all existing aboveground utility lines within 1,200 linear feet of the site.
[e] 
Where applicable, the location of all transmission facilities proposed for installation. All transmission lines and wiring associated with a solar farm shall be buried underground and include necessary encasements in accordance with the National Electric Code and Town requirements. The Planning Board may recommend waiving this requirement if sufficient engineering data is submitted by the applicant demonstrating that underground transmission lines are not feasible or practical. The applicant is required to show the locations of all proposed overhead electric utility/transmission lines (if permitted) and underground electric utility/transmission lines, including substations and junction boxes and other electrical components for the project on the site plan. All transmission lines and electrical wiring shall be in compliance with the public utility company's requirements for interconnection. Any connection to the public utility grid must be inspected by the appropriate public utility.
[f] 
Location of all service structures proposed as part of the installation.
[g] 
Landscape plan showing all existing natural land features, trees, forest cover and all proposed changes to these features, including size and type of plant material. The plan shall show any trees and/or vegetation which is proposed to be removed for purposes of providing greater solar access.
[h] 
A berm, landscape screen, or any other combination acceptable to the Town capable of screening the site, shall be provided along any property line.
[i] 
Soil type(s) at the proposed site.
[4] 
Photographic simulations shall be included showing the proposed solar farm along with elevation views and dimensions and manufacturer's specifications and photos of the proposed solar energy systems, solar collectors, solar panels and all other components comprising the solar farm or from other vantage points selected by the Planning Board.
[5] 
Certification from a professional engineer or architect registered in New York State indicating that the building or structure to which a solar panel or solar energy system is affixed is capable of handling the loading requirements of the solar panel or solar energy system and various components.
[6] 
One- or three-line electrical diagram detailing the solar energy system installation, associated components, and electrical interconnection methods, with all disconnects and over-current devices.
[7] 
Documentation of access to the project site(s), including location of all access roads, gates, parking areas, etc.
[8] 
A plan for clearing and/or grading of the site and a stormwater pollution prevention plan (SWPPP) for the site.
[9] 
Documentation of utility notification, including an electric service order number.
[10] 
Sunchart. Where deemed appropriate, the Planning Board may require that the applicant submit a sunchart for the proposed site indicating the sun angle for the southern boundary of the site for a minimum four-hour continuous period during the time of the highest sun angle on December 21, along with the potential for existing buildings, structures, and/or vegetation on the site or on adjacent sites to obstruct the solar skyspace of the proposed solar farm. The sunchart shall also indicate the potential for obstructions to the solar skyspace of the proposed solar farm under a scenario where an adjacent site is developed as otherwise permitted by applicable provisions of Chapter 103 of the Code of the Town of Oneonta with a building/structure built to maximum bulk and height at the minimum setback. Where no standards for setback are established, this scenario shall assume a maximum setback of five feet from the property line. The sunchart shall be kept on file at the Town Code Enforcement Office and determine the minimum setback required for any solar collectors from the south property line as well as the solar skyspace that should be considered when development of neighboring properties occurs. This section in no way places responsibility on the Town for guaranteeing the solar skyspace of a solar energy system in the event setbacks are waived at the applicant's request.
[11] 
The manufacturer's or installer's identification and appropriate warning signage shall be posted at the site and be clearly visible.
[12] 
Solar energy systems shall be marked in order to provide emergency responders with appropriate warning and guidance with respect to isolating the electric systems. Materials used for marking shall be weather-resistant. The marking shall be placed adjacent to the main service disconnect location clearly visible from the location where the lever is operated.
[13] 
The average height of the solar panel array shall not exceed 20 feet measured from the ground and including any base or supporting materials.
[14] 
Color. Neutral paint colors, materials and textures may be required for solar farm components, buildings and structures to achieve visual harmony with the surrounding area as approved by the Planning Board.
[15] 
The design, construction, operation and maintenance of the solar energy system shall prevent the direction, misdirection and/or reflection of solar rays onto neighboring properties, public roads, public parks and public buildings.
[16] 
Artificial lighting for the solar farm shall be limited to lighting required for safety and operational purposes, and shall be shielded from all neighboring properties and public roads.
[17] 
The solar farm shall be enclosed by perimeter fencing to restrict unauthorized access as otherwise approved by the Planning Board. Style and type of fence shall be approved by the Planning Board as part of the site plan.
[18] 
Only signage used to identify the location of the solar farm shall be allowed, and such signage shall otherwise comply with the Town's sign regulations and requirements.
[19] 
The area beneath the solar energy systems comprising the solar farm shall not be included as impervious surface coverage in calculating whether the lot meets the maximum permitted lot coverage requirements for the applicable zoning district.
[20] 
All applications shall be accompanied by a full environmental assessment form for purposes of environmental review under the New York State Environmental Quality Review Act (SEQRA), including a visual impact analysis. The following additional material may be required by the Planning Board:
[a] 
A digital-elevation-model-based project visibility map showing the impact of topography upon visibility of the project from other locations, to a distance radius of three miles from the center of the project. Scaled use shall depict a three-mile radius as not smaller than 2.7 inches, and the base map shall be a published topographic map showing cultural features.
[b] 
No fewer than four color photos taken from locations within a three-mile radius from the proposed location, as selected by the Planning Board and computer-enhanced to simulate the appearance of the as-built aboveground solar farm components as they would appear from these locations.
(b) 
Site plan review criteria. In addition to the above and subject to the criteria from Chapter 103, no site plan shall be approved unless the Planning Board determines that the proposed solar farm complies with the following:
[1] 
The use is oriented in its location upon the site as to layout, coverage, screening, means of access and aesthetics so that:
[a] 
The flow control and safety of traffic and human beings shall not be adversely affected to an unreasonable degree;
[b] 
There is reasonable compatibility in all respects with any structure or use in the surrounding area, actual or permitted, which may be directly substantially affected;
[c] 
There shall not be any unreasonable detriment to any structure or use, actual or permitted, in the surrounding area;
[d] 
There is a reasonable provision for open space and yard areas as appropriate to the surrounding area.
(7) 
Public hearing. No action shall be taken by the Planning Board to issue a special use permit or site plan approval, nor the Zoning Board of Appeals to grant a use or area variance in relation to an application for a solar farm until after public notice and a public hearing. Proper notice of a hearing before a board shall be given by legal notice published in the official newspaper of the Town of Oneonta at least five days before the date set for such public hearing(s) and written notice mailed to the applicant or his agent at the address given in the application to be considered. The applicant shall be responsible for notifying, by certified mail, all property owners of record within 500 feet of the outside perimeter of the boundary line of the property involved in the application of the time, date and place of such public hearing at least 10 days prior to such hearing. Notice shall be deemed to have been given if mailed to the property owner at the tax billing address listed on the property tax records of the Town Assessor or at the property address. At least seven days prior to such hearing, the applicant shall file with the Board his/her affidavit verifying the mailing of such notices. Failure of the property owners to receive such notice shall not be deemed a jurisdictional defect.
(8) 
Compliance with New York State Uniform Fire Prevention and Building Code.
(a) 
Building permit applications shall be accompanied by standard drawings of structural components of the solar farm and all its components (including but not limited to solar panel, solar collector, solar energy system, etc.). Drawings and any necessary calculations shall be certified, in writing, by a New York State-registered professional engineer that the system complies with the New York State Uniform Fire Prevention and Building Code. This certification would normally be supplied by the manufacturer.
(b) 
Where the structure, components or installation vary from the standard design or specification, the proposed modification shall be certified by a New York State-registered professional engineer for compliance with the structural design provisions of the New York State Uniform Fire Prevention and Building Code.
(9) 
Compliance with state, local and national electric codes.
(a) 
Building permit applications shall be accompanied by a line drawing identifying the electrical components of the solar farm to be installed in sufficient detail to allow for a determination that the manner of installation conforms with the National Electric Code. The application shall include a statement from a New York State-registered professional engineer indicating that the electrical system conforms with good engineering practices and complies with the National Electric Code, as well as applicable state and local electrical codes. This certification would normally be supplied by the manufacturer. All equipment and materials shall be used or installed in accordance with such drawings and diagrams.
(b) 
Where the electrical components of an installation vary from the standard design or specifications, the proposed modifications shall be reviewed and certified by a New York State-registered professional engineer for compliance with the requirements of the National Electric Code and good engineering practices.
(10) 
Following construction/installation of the solar farm, all disturbed areas where soil has been exposed shall be reseeded with grass and/or planted with low-level vegetation capable of preventing soil erosion and airborne dust.
(11) 
Post-construction/installation certification. Following the construction/installation of the solar farm, the applicant shall provide a post-construction/installation certification from a professional engineer registered in New York State that the project complies with any and all applicable codes and industry practices and has been constructed and operating according to the drawings and development plan(s) submitted to the Town.
(12) 
Insurance. The applicant, owner, lessee or assignee shall maintain a current insurance policy which will cover installation and operation of the solar farm at all times. Said policy shall provide a minimum of $2,000,000 property and personal liability coverage.
(13) 
Inspections. The Building Inspector, Zoning Enforcement Officer, Code Enforcement Officer and/or Town Engineer shall have the right at any reasonable time to enter, in the company of the owner or his agent, the premises on which a solar farm is being or is constructed, to inspect all parts of said solar farm installation and require that repairs or alterations be made if, in his judgment, there exists a deficiency in the operation or the structural stability of the solar farm or any component thereof. If necessary, the Building Inspector or Town Engineer may order the system secured or to otherwise cease operation. It shall not be required that the owner or agent be present in the event of an emergency situation involving danger to life, limb or property.
(14) 
Power to impose conditions. In granting any site plan approval, special use permit or variance for a solar farm, the Planning Board may impose reasonable conditions to the extent that such board finds that such conditions are necessary to minimize any adverse effect or impacts of the proposed use on neighboring properties and to protect the general health, safety and welfare of the Town.
(15) 
Decommissioning and removal of solar farm facilities.
(a) 
The applicant shall agree, in writing, to remove the entirety of the solar farm and all accessory structures and components thereof if the solar farm ceases to be used for its intended purpose for 12 consecutive months. Removal of such obsolete and/or unused solar farm components shall take place within three months thereafter. Such agreement shall also include a commitment by the applicant to impose a similar obligation to remove any unused and/or obsolete solar panels upon any person subsequently securing rights to relocate the solar panels.
(b) 
Bond/security. The applicant shall be required to execute and file with the Town Clerk a bond, or other form of security acceptable to the Town Attorney and Engineer, in an amount sufficient for the faithful performance of the terms and conditions of the permit issued under this chapter, and to provide the decommissioning, removal and restoration of the site subsequent to the removal of the solar farm. The amount of the bond or security shall be no less than 150% of the cost of the removal of the solar panels and restoration of the site, and shall be reviewed and adjusted at five-year intervals. In the event of a default upon performance of such condition or any of them, the bond or security shall be forfeited to the Town, which shall be entitled to maintain an action thereon. The bond or security shall remain in full force and effect until the complete removal of the solar panels and site restoration is finished.
(16) 
Fees. Fees for applications and permits under this section shall be established by resolution of the Town Board of the Town of Oneonta. In accordance with the requirements of Chapter 28 and § 103-76, it shall be the applicant's responsibility to reimburse the Town for any and all reasonable and necessary legal, engineering and other professional fees incurred by the Town in reviewing and administering an application for a solar farm under this section. The Town shall require a security deposit in anticipation of these fees.
(17) 
Waiver. The Planning Board may, under appropriate circumstances, waive one or more of the submission requirements contained herein.
[Added 3-26-2014 by L.L. No. 1-2014]
A. 
The Town Board of the Town of Oneonta finds, declares and determines that: 1) the exploration for natural gas; 2) the extraction of natural gas; and 3) the storage, transfer, treatment or disposal of natural gas and exploration and production wastes in the environment of the Town pose a significant threat to its residents' health, safety and welfare. If natural gas exploration and extraction or the storage, transfer, treatment or disposal of natural gas production wastes were to occur within the Town, these activities would endanger the health, safety and welfare of residents through the deposit of toxins into the environment. Clean air and water are essential to most resources and activities in the area. The quality of the air and the water will be degraded by natural gas exploration and extraction activities and/or the storage, transfer, treatment or disposal of natural gas exploration and production wastes. These activities and waste products may presently or in the future cause irreparable harm to the Town's water supply. This section is not directed at the regulatory scheme for the operation of natural gas wells under the Oil, Gas and Solution Mining Law of New York State. It only addresses the land use and nuisance concerns and the protection of the health, safety and welfare of the people of the Town of Oneonta and the enhancement of its physical environment.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
INJECTION WELL
A bored, drilled or driven shaft whose depth is greater than the largest surface dimension, or a dug hole whose depth is greater that the largest surface dimension, through which fluids (which may or may not include semisolids) are injected into the subsurface and less than 90% of such fluids return to the surface within a period of 90 days.
LAND APPLICATION FACILITY
A site where any natural gas extraction, exploration or production wastes are applied to the soil surface or injected into the upper layers of soil.
NATURAL GAS
Methane and any gaseous substance, either combustible or noncombustible, which is produced in a natural state from the earth and which maintains a gaseous or rarefied state at standard temperature and pressure conditions, and/or gaseous components or vapors occurring in or derived from petroleum or other hydrocarbons.
NATURAL GAS EXPLORATION ACTIVITIES
Geologic or geophysical activities related to the search for natural gas or other subsurface hydrocarbons including prospecting, geophysical and geologic seismic surveying and sampling techniques, but only to the extent that such activities involve or employ core, rotary, or any other type of drilling or otherwise making any penetration or excavation of any land or water surface in the search for and evaluation of natural gas or other subsurface hydrocarbon deposits.
NATURAL GAS EXTRACTION ACTIVITIES
The digging or boring of a well for the purposes of exploring for, developing or producing natural gas or other subsurface hydrocarbons, including without limitation any and all forms of hydraulic fracturing.
NATURAL GAS EXTRACTION, EXPLORATION OR PRODUCTION WASTES
(1) 
Any of the following in any form, and whether or not such items have been excepted or exempted from the coverage of any federal or state environmental protection laws, or have been excepted from statutory or regulatory definitions of "industrial waste," "hazardous," or "toxic," and whether or not such substances are generally characterized as waste:
(a) 
Below-regulatory-concern radioactive material, or any radioactive material which is not below regulatory concern, but which is in fact not being regulated by an agency otherwise having jurisdiction over such material in the Town, whether naturally occurring or otherwise, relating to, arising in connection with, or produced by or incidental to the exploration for, the extraction or production of, or the processing, treatment, or transportation of, natural gas or any related hydrocarbons;
(b) 
Natural gas drilling fluids, including, but not limited to hydraulic fracturing fluid;
(c) 
Natural gas exploration, drilling, production or processing wastes;
(d) 
Natural gas drilling treatment wastes (such as oils, fracturing fluids, produced water, brine flowback, sediment and/or any other liquid or semiliquid material);
(e) 
Any chemical, waste oil, waste emulsified oil, mud, or sediment that was used or produced in the drilling, development, transportation, processing or refining of natural gas;
(f) 
Soil contaminated in the drilling, hydraulic fracturing (including but not limited to high-volume hydraulic fracturing), transportation, processing or refining of natural gas;
(g) 
Drill cuttings from hydraulic fracturing and/or horizontal drilling for natural gas wells; or
(h) 
Any other wastes associated with the exploration, drilling, productions or treatment of natural gas.
(2) 
This definition specifically intends to include some wastes that may otherwise be classified as "solid wastes which are not hazardous wastes" under 40 CFR 261.4(b).
(3) 
The definition of "natural gas extraction, exploration or production wastes" does not include:
(a) 
Recognizable and nonrecognizable food wastes; or
(b) 
Waste generated by agriculture use.
NATURAL GAS EXTRACTION, EXPLORATION OR, PRODUCTION WASTES DISPOSAL/STORAGE FACILITY
Any of the following:
(1) 
Tanks of any construction (metal, fiberglass, concrete, etc.);
(2) 
Impoundments;
(3) 
Pits;
(4) 
Evaporation ponds; or
(5) 
Other facilities, in any case used for the storage or treatment of natural gas extraction, exploration or production wastes that:
(a) 
Are being held for initial use;
(b) 
Have been used and are being held for subsequent reuse or recycling;
(c) 
Are being held for treatment; or
(d) 
Are being held for storage.
NATURAL GAS EXTRACTION, EXPLORATION OR PRODUCTION WASTES DUMP
Land upon which natural gas extraction, exploration or production wastes, or their residue or constituents before or after treatment, are deposited, disposed, discharged, injected, placed, buried or discarded, without any intention of further use.
NATURAL GAS PRODUCTION BYPRODUCTS
Any refuse, sludge or other waste materials, whether or not recycled or reused or intended to be recycled or reused, including solid, liquid, semisolid, or contained gaseous material that results from, is associated with or produced as a byproduct of natural gas exploration or extraction, including, without limitation, production brine, produced waters, flowback, flowback fluids or hydraulic fracturing fluids.
NATURAL GAS SUPPORT ACTIVITIES
The construction, use, or maintenance of a storage or staging yard, a water or fluid injection station, a water or fluid gathering station, a natural gas storage facility, or a natural gas gathering line, venting station, or compressor associated with the exploration or extraction of natural gas.
PIPELINE
All parts of those physical facilities through which gas, hazardous liquids, or chemicals move in transportation (including pipes, valves and other equipment and appurtenances attached to pipes and other equipment such as drip stations, vent stations, pigging facilities, valve boxes, transfer pump stations, measuring and regulating equipment, yard and station piping, and cathodic protection equipment), whether or not laid in public or private easement or private right of way within the Town. This includes, without limitation, gathering lines, production lines, and transmission lines in connection with natural gas exploration activities and natural gas extraction activities. Notwithstanding the foregoing definition, those pipelines that are exempt or otherwise excluded from regulation under federal and state laws regarding pipeline construction standards or reporting requirements, and specifically production lines, distribution lines and gathering lines, are not subject to regulation by this Code.
SOIL MINING
The use of land for the purpose of extracting and selling stone, sand, gravel or other minerals, and not including natural gas or oil exploration and extraction.
UNDERGROUND INJECTION
Subsurface emplacement of natural gas extraction, exploration or production wastes, including emplacement by or into an injection well.
UNDERGROUND NATURAL GAS STORAGE
Subsurface storage, including in depleted gas or oil reservoirs and salt caverns, of natural gas that has been transferred from its original location for the primary purpose of load balancing the production of natural gas. Includes compression and dehydration facilities, and pipelines.
C. 
Prohibited uses. It shall be unlawful in or on any zoning district or any property within the boundaries of the Town to operate, conduct, commission, authorize, or permit, or produce natural gas exploration, exploration or production wastes, natural gas support activities, or storage or disposal of natural gas production byproducts, natural gas extraction, exploration or production wastes dump. Nothing herein shall be deemed to prohibit soil mining or excavation as defined in this Code, unless such mining or excavation otherwise qualifies as a prohibited use under this section.