Town of Lloyd, NY Article VI Supplementary Regulations

§ 100-27 Outdoor lighting.

A. Purpose. The purpose of this section is to provide standards for outdoor lighting to encourage lighting that conserves energy and resources while providing safety, utility and security; minimizes glare; protects the privacy of residences; reduces atmospheric light pollution; and enhances the Town's nighttime ambience and historic character.

B. Applicability and submission of plans. An application for any work involving outdoor lighting fixtures that requires subdivision, special use permit and/or site plan approval shall submit, as part of the application, evidence that the proposed work shall comply with the standards of this section. The submission shall contain the following:

(1) Plans indicating the location, height, orientation, type of illuminating device, and wattage of each outdoor lighting fixture;

(2) Description of the illuminating fixtures, lamps, supports, reflectors, and other devices, including, but not limited to, catalog cuts by manufacturers and drawings (including sections where required);

(3) Photometric data, such as that furnished by manufacturers, or similar showing the angle of cutoff or light emissions;

(4) Additional information that the Planning Board or Code Enforcement Officer determines is necessary, including, but not limited to, an isolux plan indicating levels of illumination in footcandles, at ground level.

C. Lamp or fixture substitution. Should any outdoor lighting fixture or the type of light source therein be changed after the permit has been issued, a change request must be submitted to the Code Enforcement Officer for revised approval. The Code Enforcement Officer, in consultation with the Town Engineer and Town Planner, shall review the change request to assure compliance with this section. If the change request is not substantial, the Code Enforcement Officer may approve it. If the change request is substantial, the Code Enforcement Officer shall forward such request to the Planning Board for an amended approval, which must be received prior to substitution.

D. General requirements: all zoning districts.

(1) General standards. All outdoor lights and illuminated signs shall be designed, located, installed, and directed in such manner as to prevent objectionable light at and across the property lines and to prevent direct glare at any location on or off the property. The lighting levels for outdoor lighting shall be as described in § 100-27F.

(2) Prohibitions.

(a) To prevent sky glow and energy waste, uplighting is prohibited, unless the applicant can demonstrate a unique circumstance. Externally lit signs, displays, buildings, structures, streets, parking areas, recreational areas, landscaping, and other objects lit for aesthetic or other purposes must be lit from the top and shine downward.

(b) Roof-mounted area lighting is prohibited.

(c) The use of laser lighting for outdoor advertising or entertainment and the operation of searchlights for advertising purposes are prohibited.

(d) The use of mercury vapor lamps and low-pressure sodium lamps is prohibited.

(e) Unshielded wallpack-type fixtures are prohibited.

(f) Neon roping or trimming is prohibited, unless the applicant can demonstrate a unique circumstance.

(g) Utility lighting, unless on a public utility pole located in the public right-of-way.

(3) Shielding. All outdoor fixtures, with the exception of those using lamps not requiring shielding cited in the Shielding Requirements table below, shall be fully shielded and installed in such a way that no light is emitted above a horizontal plane running through the lowest part of the fixture. The lighting shall also be shielded to prevent direct glare and/or light trespass and shall be, as much as physically practical, contained to the target area. All light fixtures that are required to be fully shielded shall be installed and maintained so that the shielding is effective as described in the definition of a fully shielded fixture in this section. Floodlighting is discouraged and, if used, must be shielded to prevent direct glare for drivers and pedestrians; light trespass beyond the property line; light above a horizontal plane.

	Shielding Requirements
	Fixture Lamp Type	Shielded
	High-pressure sodium, metal halide, quartz, and fluorescent over 50 watts	Fully
	Incandescent greater than 100 watts	Fully
	Incandescent 100 watts or less	None
	Any light source of 50 watts or less, with the exception of wallpack-type fixtures	None
	Other sources	As approved by the Planning Board

(4) Light trespass. Light trespass from a property shall be designed not to exceed 0.25 footcandle at the property line, unless permitted by the Planning Board for purposes of public safety. Adjacent to residential property, no direct light source shall be visible at the property line at ground level or above.

(5) Height. Unless specified otherwise herein, the maximum allowable height of a freestanding luminaire shall be 20 feet above the average finished grade. The maximum allowable height of a building or structure-mounted luminaire shall be 20 feet.

(6) Spacing. The space between fixtures should be approximately four times the height.

(7) Time controls. All nonessential lighting shall be turned off after business hours, leaving only the necessary lighting for site security, which shall be reduced to the minimum level necessary. "Nonessential" can apply to display, aesthetic, parking and sign lighting. Motion-sensor security lighting is recommended to promote safety and reduce the amount of night lighting in the Town.

(8) Electrical feeds. To improve the aesthetics of the area, electrical feeds to lighting fixtures and standards shall be run underground, not overhead.

(9) Auto/truck filling stations. Island canopy ceiling fixtures shall be recessed into the canopy ceiling so that the bottom of the fixture is flush with the ceiling.

(10) Holiday lights and decorations with no commercial messages are permitted during the holiday seasons.

(11) Recreational facilities, public or private. Lighting for outdoor recreational facilities shall be permitted to exceed the twenty-foot height maximum and shall be allowed by special use permit, provided that:

(a) The proposed pole height is required to illuminate the center of the field while minimizing glare on adjacent properties;

(b) Surrounding vegetation or topography will screen views of the poles from adjacent properties;

(c) The fixtures will be fully shielded to prevent light spillage on adjacent properties and to prevent sky glow;

(d) The proposed lighting levels conform to the recommendations of the Illuminating Engineering Society of North America for playing fields.

E. Streetlights. Streetlights shall be provided in the R-1/4, R-1/2, and TND Districts in accordance with the following standards. In other districts, streetlights shall be provided at the discretion of the Planning Board.

(1) Streetlights shall be located in the tree lawn between the sidewalk and the street curb or pavement.

(2) Streetlights shall be provided on one or both sides of all streets at the intervals specified in the Streetlight Spacing table below as measured on center, and at all intersections. The spacing may be adjusted to accommodate specific site conditions, such as driveways.

	Streetlight Spacing
	District	Spacing (feet)
	TND	75
	R-1/4	85
	R-1/2	100

(3) Streetlights shall utilize cast-iron or cast-iron-style posts not exceeding 12 feet in height.

(4) Lighting posts and fixtures for streetlights shall be of consistent architectural style throughout the neighborhood and shall complement the predominant architectural style.

(5) Existing streetlighting shall be brought into conformance with the provisions of this section when fixture or light source replacements are made or when funding becomes available to undertake a comprehensive lighting replacement program.

F. Illuminance and uniformity. Parking lots should have an average lighting level at or below one footcandle. High-security areas should have lighting levels of no more than five footcandles, and two footcandles to five footcandles is the recommended range. The uniformity ratio (average to minimum) should not exceed 3/1 for parking and traffic areas, or 4/1 for pedestrian areas. However, lighting levels for ATM machines shall be in accordance with the New York State ATM Safety Act.[1] Design should establish a hierarchy of lighting to assure a smooth transition from bright areas to those with subdued lighting. Light levels shall be maintained at design levels with lamp or luminaire replacement as needed.

[1] Editor's Note: See New York State Banking Law § 75-a et seq.

G. Recommended outdoor lighting types. The table below presents recommended outdoor lighting types. For better color quality, visibility, and security purposes, clear white metal halide lighting is recommended in pedestrian and commercial areas.

	Outdoor Lighting Options
	Lighting Type	Color	Comments
	Incandescent	Full spectrum, white light	Attractive low wattage accent and display lighting, or for residential uses
	Metal halide	Clear white light	Best for pedestrian and retail areas; products look good and parking lots feel brighter, safer
	High-pressure sodium	Yellowish cast	Recommended only where light distribution is valued more than appearance, such as highway lighting

H. Exemptions. The following uses shall be exempt from the provisions of this section:

(1) Temporary circus, fair, carnival, religious, historic, or civic use.

(2) Construction or emergency lighting, provided that such lighting is temporary and is discontinued immediately upon completion of the construction work or abatement of the emergency necessitating said lighting.

(3) Temporary lighting, including holiday lighting with no commercial messages during the holiday.

(4) All outdoor light fixtures producing light directly by the combustion of natural gas or other fossil fuels.

(5) Outdoor light fixtures installed on and in connection with those facilities and land owned or operated by a public utility, the federal government, the State of New York, the County of Ulster, the Town of Lloyd, or any department, division, agency or instrumentality thereof. Voluntary compliance with the intent of this section at those facilities is encouraged.

I. Inspections. The Town of Lloyd reserves the right to request a post-installation nighttime inspection to verify compliance with the provisions of this section and, if appropriate, to require remedial action.

J. Maintenance. Lighting fixtures shall be maintained so as to always meet the requirements of this section.

K. Nonconforming outdoor lighting. No replacement or installation of new lighting fixtures shall be permitted unless in conformance with this section. Nonconforming outdoor lighting located on a site that is the subject of subdivision, special use permit and/or site plan applications, certificates of occupancy, non-violation letters, or other permit, approval, entitlement, or authorization from the Town of Lloyd shall be subject to all of the terms and conditions of this section.

§ 100-28 Signs.

A. The purpose of this section is to promote and protect the public health, safety, and welfare by regulating signs of all types. It is intended to encourage the use of signs as a means of communication, protect pedestrian and vehicular safety, protect property values, and enhance the Town's aesthetic environment.

B. Permit required.

(1) A sign, as defined in this chapter, may be placed, erected, constructed, altered, relocated, enlarged, reconstructed, displayed, lit or maintained only as expressly permitted in this section and upon issuance of a sign permit from the Code Enforcement Officer, unless the sign is exempt from the provisions of this section as provided for in Subsection C below.

(2) Permanent signs require review and approval of the Planning Board. The Planning Board, within 60 days of its receipt of an application for a sign permit, shall consider the application and shall approve, approve with modifications, or deny the application and notify the Code Enforcement Officer of its decision on this matter. If the sign application is approved, the Code Enforcement Officer shall issue a sign permit.

[Amended 11-18-2015 by L.L. No. 5-2015]

C. Exempt signs. The following signs are exempt from the permit requirements of this section:

(1) For a dwelling unit, one nonilluminated nameplate with an area of not more than one square foot per face.

(2) Memorial signs or tablets denoting names of buildings and dates of erection when cut into any masonry surface or when constructed of bronze or other incombustible materials.

(3) Nonilluminated signs communicating information incidental to the conduct of business such as hours of operation, but no more than one square foot in size.

(4) Nonilluminated real estate "for sale" or "for rent" signs used for the purpose of selling or leasing land or buildings for which subdivision approval is not required, and displayed only on the premises for sale or lease, provided that such sign is located on the front wall of a building or, if freestanding, does not exceed four feet in height and is not located nearer than 15 feet to any street or lot line. All such signs shall not exceed four square feet in sign area per side, shall be limited to one per premises, and shall be removed immediately upon sale or lease of the premises.

(5) Nonilluminated real estate "for sale" or "for rent" signs used for the purpose of selling or leasing land or buildings for which subdivision approval is not required and displayed off-premises, provided that such signs do not exceed three square feet in sign area per side and shall be removed immediately upon sale or lease of the premises.

(6) Nonilluminated "garage sale," "yard sale," "barn sale," "tag sale," or similarly descriptive sign, provided that such sign is only located on the property on which such sale is being conducted and does not exceed three square feet per face in area. Such signs shall not exceed one per premises and may be displayed for a period of up to seven days in advance of the sale and up to 24 hours after the sale. Not more than one such sign may be posted for one property within any one calendar year.

[Amended 11-18-2015 by L.L. No. 5-2015]

(7) Traffic or other municipal signs; legal notices; railroad crossing signs; danger and other similar temporary emergency signs; signs which are solely devoted to prohibiting trespassing, hunting, or fishing; the sign, banner, or insignia of any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event; the sign, poster, flag, pennant or insignia of any government; or any sign reasonably necessary for the exercise of First Amendment rights.

(8) Signs advertising the sale of agricultural produce, grown primarily on land that is considered part of the same farming operation and available seasonally, provided that such a sign does not exceed 16 square feet per side and is located not nearer than 15 feet from the edge of pavement of any road.

(9) Signs indicating the sale price per gallon and octane rating of petroleum products displayed on fuel-dispensing devices as required by the regulations of the New York State Department of Agriculture and Markets, Division of Bureau of Weights and Measures, found at 1 NYCRR Part 224.

D. Prohibited signs. All signs not specifically permitted are prohibited. Prohibited signs include but are not limited to:

(1) Roof signs.

(2) Off-premises signs and billboards.

(3) Signs that may be confused with or obstruct the view of any authorized traffic sign or signal or the sight distance for any street intersection.

(4) Signs with flashing, blinking, intermittent, or moving lights or images, except those displaying time and/or temperature.

(a) Exemption: signs with changing text or images are allowed if the rate of change of the face of the sign is more than 20 seconds between changes.

[Added 11-18-2015 by L.L. No. 5-2015]

(5) Signs that contain or consist of banners, pennants, ribbons, balloons, streamers, spinners or similar moving, fluttering or revolving devices, and rotating signs, including all signs and devices that are not permanent in their orientation.[1]

[1] Editor’s Note: Former Subsection D(6), regarding mounted or portable searchlighting, was repealed 11-18-2015 by L.L. No. 5-2015. This local law also provided for the renumbering of former Subsection D(7) as Subsection D(6).

(6) Abandoned signs.

E. Temporary signs.

(1) Except for exempt signs as listed in the preceding Subsection C, every temporary sign must receive a permit issued by the Code Enforcement Officer before being displayed. Planning Board approval is not required for temporary signs. The permit and the sign shall show the dates to be displayed and removed.

(2) Temporary signs are permitted to advertise:

(a) Activities or events, but such signs shall not exceed:

[1] A duration of display over four weeks prior to the event, nor four days after it.

[2] A frequency over twice per year on any one premises.

[3] An area of 10 square feet in business or agricultural districts, nor three square feet in residential districts.

[Amended 11-18-2015 by L.L. No. 5-2015]

(b) Approved real estate subdivisions, but not to exceed:

[1] A duration of display longer than one year after subdivision approval, subject to one-year renewals of the permit by the Code Enforcement Officer.

[2] A density of one sign per approved lot.

[3] An area of 10 square feet per sign, six feet in height from grade to top of sign, and shall not be located nearer than 15 feet to any street or lot line or any building, unless attached directly to said building.

[Amended 11-18-2015 by L.L. No. 5-2015]

F. General provisions for all signs.

(1) Permit number and date. Every sign that requires a permit shall carry, clearly legible and in a conspicuous place thereon, the date of erection and the sign permit number. Temporary signs shall also display the date the sign must be removed.

(2) Aesthetics and directions. Signs shall be unobtrusive in size, lettering, and lighting and compatible with the architecture of the building and the neighborhood.

(3) Abandoned signs. Such signs shall be removed. The Code Enforcement Officer shall give written notice to the last named owner of the real property where the sign is located and to the permit holder if not the same as the owner, at the last know address(es) of record, who shall, unless good cause is shown, remove the sign within 30 days from date of notice. If no action is taken by the owner or permit holder within said time period, the Code Enforcement Officer shall cause the sign to be removed, and the reasonable costs incurred for removal shall be added to the property's next real property tax assessment on the rolls of the Town.

(4) Maintenance. All signs and components thereof shall be kept in good repair and in safe, neat, clean and attractive condition.

(5) Unsafe signs. The Code Enforcement Officer may have removed, immediately and without notice to the owner or permit holder, any sign which presents a peril to persons or property.

(6) Nonconforming signs other than billboards. Any on-premises sign which does not conform to the provisions herein, whether or not as a consequence of a variance, but was legal when placed, shall be deemed nonconforming and may be changed in placement, size, form, or lighting only to a conforming sign upon issuance of a permit by the Code Enforcement Officer.

(7) Nonconforming billboards. Unless compensation therefor is provided pursuant to § 88 of the Highway Law, any billboard which is leased or rented for profit shall be deemed a nonconforming sign. Pursuant to New York General Municipal Law § 74-C(2), such billboards shall be removed by the owner of the property or the permit holder upon written notice sent to the owner of the property or the permit holder to their last known address of record by certified mail, return receipt requested, by the Code Enforcement Officer. Said billboard shall be removed on or before 10 years from the date of the adoption of this subsection, and such lapse of time shall be deemed sufficient to amortize the cost thereof.

[Amended 7-15-2020 by L.L. No. 3-2020]

G. Permanent signs within residential and agricultural districts.

(1) For each permitted Class I home occupation, one nonilluminated sign with an area of not more than three square feet per face.

[Amended 11-18-2015 by L.L. No. 5-2015]

(2) For each permitted Class II home occupation, one nonilluminated sign with an area of not more than four square feet per face.

(3) For mobile home parks, or condominium, townhouse, co-op, or apartment complexes, one nonilluminated monument sign containing an area of not more than 25 square feet and located not more than six feet above ground level at its highest point, identifying the mobile home park, or complex, may be displayed at each access from a main road.

(4) For nonresidential uses within the Agricultural Business Overlay District, a single identity sign not more than 12 square feet per face may be provided for each business or activity on the premises. Unless attached to a building, no such sign shall be located closer than 15 feet to the front property line, nor closer than 20 feet to any other property line.

(5) Signs for lawful nonconforming uses in residential districts shall comply with the requirements for signs in the Central Business District provided below.

H. Permanent signs within other districts.

(1) Central Business and Waterfront Business Districts.

(a) Not more than one primary sign per establishment. Such sign shall be located on the establishment's principal facade and shall be one of the following sign types:

[1] Wall sign not more than one square foot per three linear feet of the establishment's principal facade or a maximum of 25 square feet, whichever is less; or

[2] Projecting sign not more than six square feet per face; maximum projection of four feet from the building face; minimum clearance from the ground eight feet and maximum clearance 10 feet.

(b) In addition to Subsection H(1)(a), not more than one accessory sign per establishment, which shall be one of the following sign types:

[1] Window signs not more than 20% of the total window area of the principal facade. Lettering up to eight inches high.

[2] Awning signs projecting at least five feet into the sidewalk but no more than seven feet. Lettering up to six inches in height and on the valance only. The extent of lettering may cover a maximum of eight feet in width or 50% of the valance width, whichever is less.

(c) Signs for lawful residential uses shall comply with the requirements of § 100-28G, Permanent signs within residential and agricultural districts.

(2) Designed Business District, General Business District and Highway Business District (HBD).

[Amended 11-18-2015 by L.L. No. 5-2015]

(a) For lots with a single stand-alone business establishment, the following signs shall be permitted:

[1] Not more than two wall signs, which shall be located on the establishment’s principal façade. The total sign area of all wall signs shall not exceed one square foot per three linear feet of the establishment’s front building wall length or a maximum of 50 square feet, whichever is less.

[2] Not more than one monument sign with a sign area no larger than 50 square feet per face and a height maximum of six feet (including the base). The sign must be set back 15 feet or more from the edge of pavement and must be fully located on the applicant’s property.

[3] One sign at each point of access to the lot, for internal direction, shall be permitted, provided that the individual signs are no more than two square feet per face and are limited to generic text such as "entrance," "exit," "office," and "parking." Permits will be granted only if the applicant can clearly demonstrate necessity to the Planning Board based on motorist safety and that any such on-site directional sign will be set back at least five feet from any public right-of-way or property line.

[4] In the Highway Business District, additional standards are listed in the Design Standards for the HBD.

(3) Light Industrial District.

(a) Light Industrial District: not more than one primary sign per establishment. Such sign shall be a wall sign located on the establishment's principal facade and may be as large as one square foot per three linear feet of an establishment's front building wall length or a maximum of 40 square feet, whichever is less.

(b) Signs for lawful residential uses shall comply with the requirements of § 100-28G, Permanent signs within residential and agricultural districts.

(c) For adult uses, not more than one wall sign of two square feet in size shall be permitted. Advertisements, displays or other promotional materials shall not be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways or other areas, public or semipublic, and such displays shall be considered signs.

(4) Digital signs/LED signs/electronic message center.

[Amended 11-18-2015 by L.L. No. 5-2015]

(a) Digital signs are allowed in the DB, GB, HBD, and Walkway/Gateway Zones subject to the following conditions:

[1] Digital signs are limited to the number and maximum square footage allowed for the property in the zone it is located in.

[2] Digital signs shall have a minimum 19 millimeter pixel pitch.

[3] Illuminance limit for the digital sign shall be no greater than one-half candle power at the property line.

[a] Luminance for the digital sign shall not exceed 5,000 nits during daylight and 150 nits at night.

[4] Change of facade shall not occur less than 20 seconds between changes.

[5] Changes to the facade/lettering shall be “instant”; no scrolling, fading, or animation during changes.

[6] If the display malfunctions, the display must automatically go dark.

[7] Signs shall not flash, nor have moving images or flashing in their backgrounds.

[8] In no case shall a parcel with a digital sign on the premises have any temporary signs.

[9] No change to existing static billboards shall be made to alter them to digital billboards without removal of an additional billboard. Thus, for every new static billboard conversion to a digital billboard, one static billboard must be removed.

[a] A billboard is any sign structure larger than 20 feet x 10 feet (200 square feet) in area.

[10] Digital signs shall have an automatic dimmer for evening and night hours. This dimmer shall be either photosensitive or time programmed. Brightness of the digital sign should be keyed to the ambient light.

[11] Maximum of one digital sign per sign structure.

[12] Maximum letter size shall be no greater than 12 inches.

[13] No segmentation of digital messages.

[14] The digital sign must be located no closer than 300 feet from a property either zoned for residential use or built as a residential property (including, but not limited to, single-family home, two-family home, multifamily residence, townhouse, garden apartment, condominium), whether or not the property is currently being used for residential purposes.

[a] Exception: digital signs shall be allowed in Gateway, PUD, MUD with no regard to distance from residential uses, subject to the restrictions above.

[15] The Planning Board shall have complete discretion to waive or vary any aspect of this section.

§ 100-29 Off-street parking, loading and vehicular access.

A. Purpose. The purpose of this section is to ensure that off-street parking and loading facilities are treated as accessory uses, are adequate to serve designated needs, do not predominate the site, are placed so as to minimize their visibility from public roads, and feature quality landscaping to reduce the visual impact of glare, headlights, and parking lot lights from roads and neighboring properties. Off-street parking areas should complement the buildings on a site, improve the appearance of the Town of Lloyd, protect the character of residential, business, institutional, and natural areas, and conserve the value of land and buildings on surrounding properties.

[Amended 6-8-2011 by L.L. No. 2-2011]

B. General provisions. All structures and land uses hereafter erected, enlarged, created or extended shall be provided with the amount of off-street automobile parking space and loading and unloading space required by the terms of this section to meet the needs of persons making use of such structures or land. A permit for the erection, replacement, reconstruction, extension or substantial alteration of a structure, or the development of a land use, shall not be issued unless off-street automobile parking facilities and, where required, loading and unloading spaces shall have been laid out in the plan, in accordance with the appropriate requirements for structures and uses as set forth herein unless there should occur a decrease in intensity of use. As used herein, parking facilities shall be construed to include loading and unloading spaces as required.

C. Existing structures and uses.

(1) Structures and land uses in existence, or structures and uses for which building permits have been approved on said date, shall not be subject to the parking or loading space requirements set forth herein. However, any parking and loading facilities now existing to serve such structures or uses shall not, in the future, be reduced except where they exceed such requirements, in which case they shall not be reduced below such requirements.

(2) Whenever a building or structure or any land use shall undergo any increase in intensity of use in the number of dwelling units, floor area, seating capacity, or other unit of measurement specified hereinafter for required parking facilities or from other causes, and further when said increase would result in a requirement for additional parking facilities through application of the schedule of requirements of this section, additional parking facilities shall be provided on the basis of total units of measurements of the new use or of the alteration or expansion of the existing use.

D. Layout and location of off-street parking facilities.

(1) The off-street parking facilities which are required by this section shall be provided on the same lot or premises with such structure or land use, except that off-street parking spaces required for structures or land uses on two or more adjoining lots may be provided in a single common facility on one or more of said lots.

(2) All off-street parking should be located behind or to the side of the principal building(s). Parking spaces shall be screened from public view to the maximum extent practicable, provided that such screening does not interfere with safety standards for sight distance.

(3) To reduce the perceived mass of the parking facilities and to minimize impacts of stormwater runoff, parking shall be provided in smaller parking courts with a significant number of shade trees and surrounded by low hedges, stone walls, or attractive fencing. The design of parking lots should avoid more than 10 parking spaces in a continuous row and more than 20 spaces in any single parking area defined by perimeter landscaping.

(4) In any residential district, no off-street parking facility shall be developed within any required front yard setback, or required side yard setback adjacent to a street line, or within any other side or rear yard within five feet of the lot line.

(5) Required off-street parking facilities which after development are later dedicated or leased to and accepted by the Town shall be deemed to continue to serve the uses or structures to meet the requirements for which they were originally provided.

E. Size of off-street loading spaces. Off-street loading spaces shall be not less than 12 feet wide, 35 feet long, and 14 feet high (if covered in any manner), except that where one such loading space has been provided, any additional loading space lying alongside, contiguous to and not separated from such first loading space need not be wider than 12 feet.

F. Submission of plans. The site plan submitted by an applicant in accordance with the requirements of Article VIII of this chapter shall show, by means of a plot plan drawn to scale, the specific location and size of the off-street parking and loading facilities required to comply with the requirements of this section and the means of access to such parking and loading spaces from public streets or highways. The Planning Board shall review the traffic access, traffic circulation and general layout of parking facilities, for the adequacy of the parking facilities and the safety of traffic and pedestrians both on and off the site.

G. The gross area devoted to parking, including maneuvering, traffic circulation aisles, and landscaping, shall generally average at least 350 square feet per parking space to assure adequate vehicular maneuvering area and safe traffic flow. Recommended stall and aisle dimensions are shown in the illustration below.

Recommended Parking Dimensions

H. Interior parking lot landscaping standards. Parking lot landscaping is in addition to all other landscaping requirements of this chapter. In all off-street parking areas containing 20 or more parking spaces, a) at least 15% of the interior area of the parking lot shall be curbed and landscaped with trees, shrubs and other plant materials; b) at least one shade tree with a minimum caliper of 2 1/2 inches measured at breast height at time of planting, shall be provided within the interior area of the parking lot for each 10 parking spaces, said trees to be planted in media dividers or landscape islands to relieve the monotonous expanse of asphalt and provide shade for parked vehicles; and c) each parking space shall be located within 40 feet of a tree. Such trees and landscaped areas shall be arranged and designed in such a way as to provide vertical definition to major traffic circulation aisles and to entrances and exits and shall be of such type and location as will provide the maximum of shade without interfering with sight lines or impeding the safe flow of traffic.

I. Perimeter landscaping of parking lots. To minimize the perceived mass and scale of the parking lot, a ten-foot-wide landscape strip shall be provided around the perimeter of the lot, to be planted with shade trees and low shrubs, naturalistically clustered. A minimum of one shade tree for every 35 feet of lot perimeter shall be provided, but not necessarily at 35 feet on-center. In the judgment of the Planning Board, additional shade trees and shrubs may be necessary to effectively shade/screen the parking lot. Such perimeter landscaping shall be located and designed so as not to impair sight distance for vehicles exiting the site.

J. Screening from residential uses. Whenever a parking lot of five spaces or more abuts the side or rear lot line of a lot in a residential district, or any land in residential use, a minimum ten-foot-wide landscape strip shall be provided between said parking lot and the residential lot, to be planted with evergreen trees and shrubs, naturalistically clustered, to minimize the perceived mass and scale of the parking lot. In the judgment of the Planning Board, a wall, fence, or berm may also be necessary to effectively shade/screen the parking lot.

K. Parking areas shall be graded, paved, drained and suitably maintained to the satisfaction of the Planning Board to the extent necessary to avoid nuisance of dust, erosion or excessive water flow across public ways or adjacent lands. The Planning Board may require the plan to provide for suitable markings to indicate individual parking spaces, maneuvering area, entrances and exits. Required parking facilities shall be reserved at all times to those persons who are employed at or make use of the premises. The owner or lessee of the premises shall maintain the parking area in a clean and orderly condition, including clearing or removal of snow when necessary. Parking areas shall comply with all applicable requirements of the Americans with Disabilities Act.

L. In all off-street parking areas containing 25 or more parking spaces, adequate provisions shall be made for the storage of snow with minimal loss of parking capacity. The location of such snow storage areas shall be indicated on the site plan and shall be appropriately related to the storm drainage system.

M. Final certificates of compliance for all off-street parking facilities. Required off-street parking facilities shall be completed before a final certificate of compliance shall be issued, and said parking facilities shall be maintained as long as the structure or use which the facilities are designed to serve exists.

N. Schedule of off-street parking and loading requirements.

(1) Minimum parking and loading requirements for residential uses.

[Amended 6-8-2011 by L.L. No. 2-2011]

	Use Residential	Minimum Off-Street Parking Spaces	Loading
	Single-family dwelling	2 for each dwelling unit	None
	Accessory apartment	1 for each apartment	None
	Assisted living facility	1 for each 4 beds, plus 1 per employee	None
	Nursing home	0.33 for each resident	None
	All other residential uses	1 1/2 for each dwelling unit with one bedroom 2 for each dwelling unit with two or more bedrooms	None

(a) The above requirements may be reduced for dwelling units of less than 1,000 square feet of floor space, senior citizen housing, mixed-use development, within 500 feet of a municipal parking lot, or other appropriate circumstances if the Planning Board determines that such reductions are warranted.

(2) Minimum parking and loading requirements for nonresidential uses in all zoning districts, except the Central Business District, where no off-street parking for nonresidential uses is required.

	Nonresidential Use	Minimum Off-Street Parking Spaces	Loading
	Cemetery	1 per full-time employee	None
	Home occupation, Class II except bed-and-breakfast	1 for each employee, in addition to the parking requirement for the dwelling unit	None
	Bed-and-breakfast	1 for each bedroom rented, in addition to the parking requirement for the dwelling unit	None
	Retail/service	4 for each 1,000 square feet of gross floor area	None required for first 10,000 square feet of gross floor area, then 1 per 30,000 square feet up to 65,000 square feet
	Motor vehicle sales, service and repair	2 1/2 for each 1,000 square feet of gross floor area interior sales space plus 1 1/2 for each 1,000 square feet of external display plus 3 per service bay	1 per 10,000 square feet up to 50,000 square feet gross floor area plus 1 for each 50,000 square feet thereafter.
	Restaurant, theater, club, and other places of public assembly	1 for every 3 seats, or 1 for every 3 persons in permitted capacity	1 per 30,000 square feet of gross floor area
	Office	3 for each 1,000 square feet of gross floor area	None for the first 30,000 square feet of gross floor area, then 1 thereafter
	Hospital, nursing home	1 per 3 beds, plus 1 per 4 medical staff, plus 1 per 2 employees, plus 1 per 5 average daily outpatient treatment	1 per 100,000 square feet gross of floor area
	Hotel, motel, or country inn	1 for each bedroom plus 1 space for each nonresident employee and 1 space for every 200 square feet of floor space for meetings and functions; if food service is provided, the area allocated for food service shall be calculated and provided with parking according to restaurant use	As required for restaurant
	Industrial	2 for each 1,000 square feet of gross floor area or 1 per employee, whichever is greater	1 per 10,000 square feet up to 50,000 square feet of gross floor area plus 1 for each 50,000 square feet thereafter
	Cold storage facility	1 space per nonresident employee during season of maximum usage	To be established by the Planning Board
	Greenhouse and nursery	1 space per nonresident employee, plus 4 spaces for each 1,000 square feet of gross floor area dedicated to retail use	To be established by the Planning Board
	Winery and cider mill	1 space per nonresident employee, plus 4 spaces for each 1,000 square feet of gross floor area dedicated to tasting room and retail use	To be established by the Planning Board
	Private or public school	1 per 3 student capacity	To be established by the Planning Board
	Warehouse, self-storage	3 spaces at the office; access to individual storage units shall provide for loading of vehicles without impeding traffic flow through the facility	None
	Warehouse and wholesale sales/storage	1 for each 2,000 square feet of gross floor area plus any required spaces for offices, sales, or similar use	1 per 50,000 square feet of gross floor area
	Other uses	As determined by the Planning Board to be appropriate to the circumstances

O. Alternate method of providing parking spaces.

(1) Where, because of limitations of size, dimensions or topography of a lot, an applicant for the building permit in a business district finds it impracticable to provide all or a portion of the off-street parking spaces required in connection with a proposed building or addition, the applicant may offer a dedication to the Town of Lloyd, and the Town Board at its sole discretion may accept appropriately located and developed land for commercial parking in an equivalent amount, provided that said land is permanently conveyed to the Town.

(2) No person shall establish, conduct or maintain any parking place for which a charge is made to accommodate automobiles or other vehicles, or which is connected with any business, trade, occupation or other activity for profit, or to which the general public is invited or permitted to enter, upon any property situated in any residential district, except in connection with such commercial accessory uses as are permitted in residential districts, and no owner, lessee or occupant of such property shall permit the use of the same in violation of this section.

P. Maximum allowable number of spaces. The number of parking spaces for any particular use shall not exceed the number of spaces required by this section by more than 25%.

Q. Joint use of parking space. The Planning Board may approve the joint use of parking space by two or more establishments on the same lot or on contiguous lots, the total capacity of which is less than the sum of the spaces required for each, provided that the Planning Board finds that the capacity to be provided will substantially meet the intent of this section.

R. Set-aside for future parking. If the Planning Board determines that the immediate need for parking spaces is substantially less than the total required by Subsection N, the Planning Board may temporarily waive the paving of up to 1/2 of the required spaces. In such cases, the Planning Board may require the applicant to set aside land to meet potential future parking needs. In such cases, such land may remain in its natural state or be attractively landscaped but may not be used in a manner that would prevent it from being developed for parking in the future. For uses subject to seasonal fluctuations, overflow parking may be developed using pervious surfaces such as gravelpave or grasspave, where the interstices of cellular blocks are filled with gravel or with earth and planted with grass.

§ 100-30 Design standards and guidelines for business districts.

A. Applicability. These design standards and guidelines for business districts shall apply in the DB and GB Districts throughout the Town of Lloyd as further described in Appendix A included at the end of this chapter.[1] The regulations established herein are not intended as a substitute for other district provisions but are additional standards to be met by the applicant or developer, prior to project approval. If there should be a conflict between the provisions of this section and other provisions of this chapter, the more restrictive shall apply.

[1] Editor's Note: Appendix A is on file in the Town offices.

B. Regulated actions. The only actions that shall be subject to the Design Standards and Guidelines for Business Districts in Appendix A[2] are those that require approval by the Planning Board pursuant to Article VIII, Site Plan Review, or Article VII, Special Use Permits. Actions by public agencies or special districts shall not be subject to the Design Standards and Guidelines.

[2] Editor's Note: Appendix A is on file in the Town offices.

C. Review procedures.

(1) No separate application for approval under this section is required.

(2) In addition to data and plans required to be submitted for site plan approval or special use permit approval, every application shall also comply with the standards and guidelines set forth in Appendix A.[3]

[3] Editor's Note: Appendix A is on file in the Town offices.

(3) Prior to approval of a site plan or special use permit subject to the provisions of this section, the Planning Board shall make a determination that the proposed action complies with the Design Standards and Guidelines for Business Districts set forth in Appendix A to this chapter[4] and set forth such findings in its resolution of approval.

[4] Editor's Note: Appendix A is on file in the Town offices.

§ 100-30.1 Design standards and guidelines for the Highway Business District.

[Added 3-18-2015 by L.L. No. 2-2015]

A. Applicability. These design standards and guidelines for highway business districts shall apply in the HB District throughout the Town of Lloyd as further described in Appendix B, which said Appendix is on file at the Town offices. The regulations established herein are not intended as a substitute for other district provisions but are additional standards to be met by the applicant or developer, prior to project approval. If there should be a conflict between the provisions of this section and other provisions of this chapter, the more restrictive shall apply.

B. Review procedures.

(1) No separate application for approval under this section is required.

(2) In addition to data and plans required to be submitted for site plan approval, every application shall also comply with the standards and guidelines set forth in Appendix B, which is on file in the Town offices.

(3) Prior to approval of a site plan subject to the provisions of this section, the Planning Board shall make a determination that the proposed action complies with the design standards and guidelines for the Highway Business District as set forth in Appendix B, which is on file in the Town offices, and set forth such findings in its resolution of approval.

§ 100-31 (Reserved) [1]

[1] Editor’s Note: Former § 100-31, Adaptive reuse buildings, was repealed 6-20-2018 by L.L. No. 5-2018.

§ 100-32 Small wind energy facilities.

A. Purpose. The purpose of this section is to guide the construction and operation of small wind energy facilities and wind measurement towers in the Town of Lloyd subject to reasonable conditions that will protect the public health, safety and welfare. This section is not meant to regulate or infringe upon the use of wind energy facilities as part of an agricultural farming operation which is certified and recognized as such under the Agriculture and Markets Law.

B. Applicability. The requirements of this section shall apply to all small wind energy facilities and wind measurement towers proposed, operated, modified, or constructed within the municipal boundaries of the Town of Lloyd.

C. Location.

(1) Noncommercial small wind energy facilities shall be allowed in the Agricultural Zoning District, R-2 Zoning District, and Light Industrial Zoning District, subject to the requirements of this section.

[Amended 9-8-2010 by L.L. No. 13-2010]

(2) Commercial small wind energy facilities shall be allowed only within the Illinois Mountain Conservation Zoning District, subject to the requirements of this section.

D. Permits.

(1) Permit requirement. No small wind energy facility or wind measurement tower shall be constructed, reconstructed, modified, or operated in the Town of Lloyd except by first obtaining, as applicable, a small wind energy facility permit or wind measurement tower permit as provided under this section.

(2) Permitting authority. The Town of Lloyd Planning Board, as established pursuant to § 100-55 of the Town of Lloyd Zoning Law, or the Town Board shall have authority to review, consider and issue small wind energy facility permits and wind measurement tower permits in accordance with this section.

(3) Exemptions. In the event that an applicant or permittee intends to undertake in-kind replacement of a small wind energy facility or wind measurement tower, the Town Code Enforcement Officer, Building Inspector or other Town designee shall be notified prior to any such replacement. The Town Code Enforcement Officer, Building Inspector or other Town designee may approve such in-kind replacement or refer the applicant or permittee to the Planning Board to determine whether a small wind energy facility or wind measurement tower permit must first be obtained.

E. Definitions. As used in this section only, the following terms shall have the meanings indicated:

ACCESSORY FACILITIES OR EQUIPMENT

Any structure other than a wind turbine, related to the use and purpose of deriving, collecting or distributing energy from such wind turbines, located on or associated with a small wind energy facility or wind measurement tower.

PERMIT

A permit issued pursuant to this section granting the holder the right to construct, maintain and operate a small wind energy facility or wind measurement tower.

PUBLIC ROAD

Any federal, state, county, city, or Town road which is open to the public, or private road regularly used by multiple persons for access to separate off-site parcels of land, access to which is unrestricted by the owner(s) of said private road.

RESIDENCE

Any dwelling located off site which is suitable for habitation on the date a small wind energy facility or wind measurement tower permit application is received by the Town and deemed complete by the Planning Board in accordance with Subsection H of this section, and for which a valid certificate of occupancy has been issued or should have been issued prior to such date. A residence may be part of a multifamily dwelling or mixed-use building and shall include buildings such as hotels or motels, hospitals, day-care centers, dormitories, sanitariums and nursing homes.

SETBACK AGREEMENT

Any agreement, contract, easement, covenant or right in land which burdens land for the benefit of an applicant or permittee, such that the burdened land is similar in character to land on which any small wind energy facility is to be sited. A setback agreement must expressly release any right which the owner(s) of such burdened land may have in the enforcement of this section and acknowledge the applicable requirements of this section. All setback agreements shall run with the land and be recorded to apprise any potential purchasers of such land of the same at least for as long as any permit issued under this section shall remain in effect. In the event a setback agreement lapses prior to full decommissioning of the small wind energy facility or wind measurement tower, the previously burdened land shall be considered off site and the applicant, permittee or owner of the same shall be required to bring the project into conformance with the requirements of this section.

SITE

The parcel(s) of land where a small wind energy facility or wind measurement tower is to be placed. The site can be publicly or privately owned by an individual or a group of individuals controlling single or adjacent properties. Where multiple lots are in joint ownership, the combined lots shall be considered as one for purposes of applying setback requirements. Any property which has a small wind energy facility or wind measurement tower or has entered an agreement for said facility or a setback agreement shall not be considered "off site."

SMALL WIND ENERGY FACILITY

A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics and electrical collection and distribution equipment, and accessory facilities or equipment, which has a nameplate capacity of not more than 100 kilowatts. Small wind energy facilities shall be divided into the following types:

(1) Noncommercial small wind energy facilities designed primarily to convert wind energy to electrical energy for use on the parcel or parcels of land where such facilities are to be constructed.

(2) Commercial small wind energy facilities designed to convert wind energy to electrical energy primarily for distribution to the electrical grid for public consumption.

TOTAL HEIGHT

The highest point above ground level of any improvement related to a small wind energy facility or wind measurement tower. Total height as applied to wind turbines shall include the highest point of any wind turbine blade above the tower.

WIND MEASUREMENT TOWER

A tower used for the measurement of meteorological data such as temperature, wind speed and wind direction.

WIND TURBINE

A wind energy conversion system consisting of a tower, nacelle and associated control or conversion electronics and equipment contained within or atop the tower.

F. Application requirements. A complete application for a small wind energy facility permit or wind measurement tower permit shall include:

(1) A completed application for a permit on a form provided by the Town Code Enforcement Officer or other Town designee.

(2) A site plan prepared by a licensed professional engineer, including:

(a) Property lines and physical dimensions of the site;

(b) Location, approximate dimensions and types of existing structures and uses on the site, public roads, and adjoining properties within 500 feet of the boundaries of any proposed wind turbines or 1 1/2 times the total height of such wind turbines, whichever shall be greater;

(c) Location of each proposed wind turbine, wind measurement tower and accessory facilities or equipment;

(d) Location of all aboveground and belowground utility lines on the site as well as transformers, the interconnection point with transmission lines, and other ancillary facilities or structures, including, without limitation, accessory facilities or equipment;

(e) Locations of setback distances as required by this section;

(f) All other proposed facilities, including, without limitations, access roads, electrical substations, storage or maintenance units, and fencing;

(g) All site plan application materials required under Article VIII of the Zoning Law of the Town of Lloyd; and

(h) Such other information as may be required by the Planning Board.

(3) The proposed make, model, picture and manufacturer's specifications of the proposed wind turbine and tower model(s), including noise decibel data, and material safety data sheet documentation for all materials used in the operation of the equipment shall be provided for each proposed wind turbine. If a particular wind turbine has not been selected by the applicant at the time of application due to a constraint as to the availability of equipment or the inability of the applicant to obtain appropriate supplier commitments, such information shall nevertheless be provided to the Planning Board with an acknowledgment that the type of wind turbine may be modified during application review.

(4) A proposed lighting plan to be submitted to and reviewed by the Federal Aviation Administration for any structure equal to or more than 200 feet above the ground, or as may otherwise be required by the Federal Aviation Administration or local, state or federal law or regulation.

(5) A construction schedule describing anticipated commencement and completion dates, including a traffic analysis with a description of the routes to be used by construction and delivery vehicles.

(6) An operations and maintenance plan providing for regular periodic maintenance schedules, any special maintenance requirements and procedures and notification requirements for restarts during icing events.

(7) List of property owners, with their mailing address, within 500 feet of the outer boundaries of the proposed site.

G. Environmental review.

(1) Compliance with the State Environmental Quality Review Act (SEQRA) shall be required.

(2) Applicants shall submit Part 1 of a full environmental assessment form to the Town of Lloyd Planning Board.

H. Application review process.

(1) Applicants must arrange a preapplication meeting with the Planning Board and consultants retained by the Town for application review.

(2) Following the preapplication meeting, five copies of the application shall be submitted to the Planning Board. Payment of all application fees shall be made at the time of submission.

(3) The Planning Board shall, within 180 days of receipt of an application, or such longer time as may be accepted by the applicant, determine if all information required hereunder is included in the application, and if so, the Planning Board shall accept the application as complete and appropriate for further review. If the application is deemed incomplete, the applicant shall be provided with a written statement listing missing data. If the applicant fails to provide data within 180 days after receipt of such notice, the application shall expire. Upon submission of an application which the Planning Board deems to be complete, the Planning Board shall proceed with its review.

(4) The Planning Board shall hold at least one public hearing on the application. Notice shall be published in the Town's official newspaper, no less than 10 days before any hearing, but where any hearing is adjourned by the Planning Board to a specific time, date and place to hear additional comments, no further publication shall be required. The public hearing may be combined with public hearings on any environmental impact statement or requested waivers. All adjoining property owners within 500 feet of the outer boundary of the site shall be given written notice of a public hearing via certified mail at the expense of the applicant.

(5) Notice of the project shall also be given, if applicable, to the Ulster County Planning Department, as required by General Municipal Law § 239-m, and to all neighboring municipalities, as required by General Municipal Law § 239-nn.

(6) Following the holding of the public hearing and completion of the SEQRA process, the Planning Board may approve, approve with conditions, or deny the permit application, in accordance with the standards in this section. All approvals and denials shall be in writing setting forth competent reasons for such approval or denial.

I. Setbacks, noise and height limits.

(1) Small wind energy facility wind turbines and wind measurement towers shall be set back from off-site property boundaries and residences at least 1.5 times the structure height.

(2) Except as provided herein, the sound pressure level generated by a small wind energy facility shall not exceed 50 dB(A) at off-site property boundaries. Compliance shall periodically be determined by the Town Code Enforcement Officer or such other officer or employee which the Town Board may designate. This shall be the only project operation phase noise requirement applicable to a project under this section, except that the Planning Board may impose appropriate additional requirements in accordance with Subsection K of this section.

(3) The setback and noise requirements set forth at Subsection I(1) and (2) above shall not apply in the event that a proper setback agreement is obtained by the permittee or applicant or if the property is on site.

(4) Noncommercial small wind energy facility wind turbines and wind measurement towers shall not exceed 50 feet in total height. Commercial small wind energy facility wind turbines and wind measurement towers shall not exceed 200 feet in total height. Any small wind energy facility wind turbine or wind measurement tower that exceeds 200 feet shall require the preparation of a draft environmental impact statement in accordance with the requirements of SEQRA and shall entail the consideration of a waiver as set forth at Subsection O of this section.

J. Required site safety measures for small wind energy facilities and wind measurement towers.

(1) All wind turbines shall have an automatic braking, governing or feathering system to prevent uncontrolled rotation, overspeeding and excessive pressure on the tower structure, rotor blades and turbine components.

(2) With the exception of electrical collection and distribution lines, accessory facilities or equipment shall be gated or fenced to prevent unrestricted public access to the facilities.

(3) Warning signs shall be posted at the entrances to the wind energy facility and at the base of each tower warning of electrical shock or high voltage and containing emergency contact information.

(4) The minimum distance between the ground and any part of the rotor or blade system shall be 15 feet for any wind turbine associated with a small wind energy facility.

K. Issuance of small wind energy facility and wind measurement tower permits and certificates of compliance.

(1) The Planning Board shall, within 180 days of either issuing SEQRA findings or a SEQRA negative declaration or conditioned negative declaration, issue a written decision with the reasons for approval, conditions of approval or disapproval fully stated. This time period may be extended with consent of the applicant. Should the applicant not consent to such an extension and the time period elapse without a decision, the application shall be considered approved without conditions.

(2) The Planning Board is hereby expressly empowered to impose conditions governing the issuance of the permit as well as construction and operational phases of the project which it deems necessary and appropriate to ensure compliance with this section, the State Environmental Quality Review Act, conformity of project construction and operation with representations made by the applicant during the application review process, as well as with any determinations or findings issued by the Planning Board or any other involved agency under the State Environmental Quality Review Act, compliance with any other federal, state or local laws or regulations applicable to the project, and as may be necessary to promote the public health, safety and welfare.

(3) If approved, the Planning Board shall direct the Town Code Enforcement Officer, Building Inspector or other designee authorized by the Town Board to issue a permit upon satisfaction of any and all conditions precedent set forth under this section, the terms of approval or conditions of the permit or any additional requirement of the Town Board imposed in connection with any other project approval or agreement deemed necessary to the issuance of the permit.

(4) The decision of the Planning Board shall be filed within five days in the office of the Town Clerk and a copy mailed to the applicant by first-class mail.

(5) If any approved small wind energy facility or wind measurement tower is not substantially commenced within two years of issuance of the permit, the permit shall expire unless the Planning Board shall have granted an extension.

(6) Upon commissioning of the project, which for purposes of small wind energy facilities shall mean the conversion of wind energy to electrical energy for on-site use or distribution to the electrical grid, and for purposes of wind measurement towers shall mean the collection of wind speed and/or other data by the wind measurement tower equipment, the Town Code Enforcement Officer, Building Inspector or other designee authorized by the Town Board shall determine whether the project is in compliance with the permit. If the Town Code Enforcement Officer, Building Inspector or other designee determines the project is in compliance with the permit, a certificate of conformity shall be promptly issued to the permittee.

L. Abatement. If any wind turbine stops converting wind energy into electrical energy and/or distribution of that energy for on-site use or transmission onto the electrical grid for a continuous period of 12 months, the applicant/permittee shall remove said system at its own expense following, if applicable, the requirements of the decommissioning plan required under this section or any permit.

M. Permit revocation. All small wind energy facilities and wind measurement towers shall be maintained in operational condition at all times, subject to reasonable maintenance and repair outages. Operational condition includes meeting all noise requirements and other permit conditions. Should a wind turbine or wind measurement tower become inoperable, or any part of a wind energy facility or small wind energy facility be damaged, or should a violation of a permit condition occur, the permittee, owner or operator shall remedy the failure within 90 days. Upon a failure to perfect a timely remedy, project operation shall cease. Application of this subsection shall in no way extend or toll any time periods set forth under Subsection K.

N. Fees. An application for a small wind energy facility permit or wind measurement tower permit shall be accompanied by a fee as established by the Town Board. The applicant must pay all special consulting fees for engineers, planning consultants, and attorneys retained by the Town and for any consultant and/or experts necessary to assist the Town in reviewing and evaluating permit applications, including, but not limited to, site inspections, the construction and modification of the site once permitted, and any requests for certification or recertification that the project is in conformity with the permit or this section, in accordance with § 100-57 of this chapter. The applicant shall pay all required fees prior to the Planning Board's consideration of the application by depositing funds with the Town and upon the request of the Town replenishing said account.

O. Waivers and immaterial modifications.

(1) Waivers.

(a) The Planning Board may, after a public hearing held upon at least 10 days' advanced published notice and written mailed notice to owners of property located within 500 feet of the site, grant a waiver from the strict application of the provisions of this section to improve the quality of any small wind energy facility or wind measurement tower and to better protect the health, safety and welfare of the Town. Area requirements, including setbacks, noise requirements and height limits, shall not be waived by the Planning Board except as described in Subsection I of this section.

(b) The Planning Board shall consider the impact of the waiver on the neighborhood, including the potential benefits or detriment to nearby properties, the benefits or detriments to the applicant, feasible alternatives and the magnitude of the request. The Planning Board may attach such conditions as it deems appropriate to waiver approvals to ensure that such waiver adequately protects the public health, safety and welfare.

(2) Immaterial modifications.

(a) Unless expressly limited by a condition imposed in the permit, the Town Code Enforcement Officer, Building Inspector or other Town designee may, during project construction, allow immaterial modifications to the design of the project as represented in the final set of site plans reviewed and considered by the Planning Board. Such immaterial modifications shall only be allowed, if at all, in response to a written request by the applicant or permittee. All such requests shall be submitted in writing, addressed to the authorized Town designee, with copies to the Chair of the Planning Board, the Town Planner or other Town designee, and the Town's designated consultants.

(b) Immaterial alterations shall only include a change in the location, type of material or method of construction of a small wind energy facility or wind measurement tower that will not result in any material increase in any environmental impact of the project as compared to the impacts reviewed and accepted for the project by the Town Planning Board; cause the project to violate any applicable setbacks or other requirements of this section; or cause the project to not conform to the SEQRA determination or findings issued by the Planning Board. The applicant or permittee shall be required to acknowledge to the Town in written form that the requested modification is immaterial in accordance with the requirements of this subsection. At the request of the Town designee, Planning Board, Town's designated consultants or the Town Board, the Town may commission appropriate analyses to verify this acknowledgment, and the cost of any such analysis shall be paid in accordance with Subsection N.

P. Enforcement and penalties.

(1) Enforcement officer. The Town of Lloyd Town Board shall designate an officer of the Town to enforce the provisions of this section. Such designated officer may, with the consent of the Town Board, contract with professional consultants to assist in the enforcement and administration of this section. Such professional fees shall be the responsibility of the applicant to pay in accordance with Subsection N. In the absence of a designated enforcement officer, the Town Code Enforcement Officer shall be considered the enforcement officer for purposes of this section.

(2) Penalties. Any person owning, controlling, operating or managing a small wind energy facility or wind measurement tower in violation of this section or in noncompliance with the terms and conditions of any permit issued pursuant to this section, or any order of the enforcement officer, and any person who shall assist in so doing, shall be guilty of a violation of this section and subject to a fine of not more than $1,000 per day per violation.

(3) Special proceeding. The designated enforcement officer may, with the consent of the Town Board, institute an action or proceeding available at law to prevent, correct or abate any unlawful construction, erection, structural alteration, reconstruction, modification and/or use of a small wind energy facility or wind measurement tower in the Town. This shall be in addition to other remedies and penalties herein provided or available at law.

§ 100-33 Home occupations.

A. Purpose. The conduct of small-scale low-impact business and professional uses on residential properties shall be permitted under the provisions of this section. It is the intent of this section to ensure the compatibility of home occupations with other uses; maintain and preserve the rural and historic character of the Town; and allow residents to engage in gainful employment on their properties while avoiding excessive noise, traffic, nuisance, fire hazard, and other possible adverse effects of nonresidential uses.

B. Use regulations. Class I home occupations are permitted, provided they are in compliance with the criteria and standards of this section, and Class II home occupations require a special use permit and site plan approval.

[Amended 6-8-2011 by L.L. No. 2-2011]

C. Requirements. All home occupations, both Class I and Class II, shall comply with the following:

(1) The home occupation may be conducted within a dwelling unit and/or within accessory buildings.

(2) The home occupation shall be incidental and secondary to the use of a dwelling unit for residential purposes. It shall be conducted in a manner which does not give the outward appearance of a business, does not infringe on the right of neighboring residents to enjoy the peaceful occupancy of their dwelling units, and does not alter the character of the neighborhood.

(3) No alteration of the residential appearance of the premises shall occur, including creation of a separate entrance in the dwelling.

(4) Automobile and truck traffic generated by the home occupation shall not exceed the volume of traffic that would normally be generated by a residential use, and the home occupation shall not receive deliveries by other than letter or parcel carriers.

(5) No toxic, explosive, flammable, combustible, corrosive, etiologic, radioactive, or other restricted materials shall be used or stored on the site other than substances normally used in a household.

(6) There shall be no outside operations or exterior storage, or display of materials, products, equipment, vehicles or other supplies used in conjunction with the home occupation, with the exception of one commercial vehicle as provided for in § 100-15A(8).

(7) No process shall be used which is hazardous to public health, safety, or welfare; no home occupation shall create noise, smoke, dust, electrical interference, or glaring light disruptive to the surrounding neighborhood or observable beyond the boundaries of the property on which it is conducted.

(8) Off-street parking shall be provided in accordance with § 100-29.

(9) A sign shall be permitted as provided in § 100-28G.

D. Additional requirements for Class II home occupations. The Planning Board may consider a special use permit request for a Class II home occupation in accordance with requirements of § 100-40 and the following:

(1) With the exception of bed-and-breakfast establishments, the special use permit granted for a Class II home occupation shall expire when the occupation changes or the property is sold.

(2) Bed-and-breakfast establishments shall be subject to the following conditions:

(a) Not more than six rooms may be rented to transient guests. A breakfast may be served to these overnight guests, but no other services beyond room cleaning shall be provided.

(b) Approval has been granted by the Ulster County Health Department for any required on-site sanitary or water supply system, including, as may be applicable, a determination that the water supply and sewage disposal facilities are adequate to accommodate the additional demands of the bed-and-breakfast establishment.

(3) Family home day care shall be subject to the following conditions, in addition to all state regulations:

(a) The minimum lot size shall be increased by a ratio of 100 square feet per child in excess of five.

(b) All accessory structures, including but not limited to playground equipment and pools, must be located in a rear yard.

(c) If an outdoor play area is provided, it shall not be located within the front yard.

(d) The residential appearance of the site shall be maintained. This also applies to the driveway used for dropping off and picking up children.

(e) Hours of operation: for periods not to exceed 18 hours within any twenty-four-hour period.

§ 100-34 Conservation subdivision.

A. Purposes. In conformance with the Town of Lloyd Comprehensive Plan, the purposes of conservation subdivisions are as follows:

(1) To conserve important open lands, including those areas containing unique and sensitive natural features such as steep slopes, floodplains, stream corridors, and wetlands, by permanently setting them aside from development;

(2) To protect areas of the Town with productive agricultural soils for continued or future agricultural use, by conserving areas of land large enough to allow for efficient agricultural operations;

(3) To create neighborhoods with direct visual access to open land, with amenities in the form of neighborhood open space, with a strong neighborhood identity;

(4) To provide multiple options for landowners to minimize impacts on environmental resources and natural or cultural features such as mature woodlands, hedgerows and tree lines, critical wildlife habitats, historic buildings and sites, and fieldstone walls;

(5) To provide greater economy, efficiency and convenience in the siting of services and infrastructure, including the opportunity to reduce road lengths, utility runs, and the amount of paving required;

(6) To provide for a balanced range of lot sizes, building densities, and housing choices to accommodate a variety of age and income groups and residential preferences, so that the Town of Lloyd's population diversity may be maintained;

(7) To provide a reasonable setback for new development adjacent to lands in agricultural production due to potential incompatibility of such new development with agricultural uses;

(8) To implement policies to conserve a variety of irreplaceable and environmentally sensitive resource lands as set forth in the Town's Comprehensive Plan, including provisions to create a greenway trail system and other areas for active or passive recreational use for the benefit of present and future residents;

(9) To conserve scenic views and elements of the Town's rural character by limiting views of new development from existing roads; and

(10) To promote development in harmony with the goals and objectives of the Town's Comprehensive Plan.

B. Authorization.

(1) Authorization is hereby granted to the Planning Board to modify applicable provisions of this chapter to provide an alternate permitted method for the configuration and design of lots, buildings and structures, roads, utility lines and other infrastructure, parks and landscaping in order to preserve the natural and scenic qualities of open lands when approving conservation subdivision plats pursuant to Chapter 90, Subdivision of Land. The Planning Board is not authorized to change or modify the types of residential dwelling units permitted in each district, as set forth in § 100-8 of this chapter. Additional standards for conservation subdivisions are found in Chapter 90, Subdivision of Land, of the Town Code.[1]

[1] Editor's Note: See § 90-6, Supplemental standards for conservation subdivisions.

(2) In accordance with the Dimensional Table of § 100-13,[2] the Planning Board shall mandate conservation subdivision design for development of lands within the Town's Agricultural Zoning District.

[2] Editor's Note: The Dimensional Table is included at the end of this chapter.

(3) The Planning Board may mandate conservation subdivision in any district to accommodate natural resources, historic or cultural resources, scenic features, or preservation of neighborhood character at any time during the subdivision process. The basis for the Planning Board's decision to mandate conservation subdivision shall be set forth in the minutes of the Planning Board meeting. The following are examples of features deemed worthy of conservation:

(a) Steep slopes.

(b) Water resources: wetlands, aquifer and aquifer recharge areas, municipal water supply watershed areas, and flood-prone areas as shown on Federal Emergency Management Agency maps, New York State protected streams, or a Town-designated protection area, if any.

(c) Agricultural lands: active farmland within a New York State certified Agricultural District, lands within 2,000 feet of a New York State certified Agricultural District, or soils classified in Groups 1 to 4 of the New York State Land Classification System.

(d) Community water and/or sewer: sites where community sewer, community water, or community water and sewer are available or planned.

(e) Critical environmental areas: lands within or contiguous to a critical environmental area designated pursuant to Article 8 of the Environmental Conservation Law.

(f) Designated open space areas: lands contiguous to publicly owned or designated open space areas, or privately owned or designated open space areas.

(g) Historic structures and sites: historic structures or areas of national, state or local importance.

(h) Scenic viewsheds and special features: sites contiguous to designated state, county or Town scenic roads, or "special features" identified in the Town's Comprehensive Plan.

(i) Significant natural areas and features: areas with rare vegetation, significant habitats, or habitats of endangered, threatened or special-concern species as determined by the New York State Department of Environmental Conservation (Natural Heritage Program) or the Town Conservation Advisory Council, mature forests or trees over 100 years old, or unique natural or geological formations.

(j) Trails: existing and potential trails, bikeways, and pedestrian routes designated by the Town, state or county.

(k) Recreation: lakes, ponds or other significant recreational areas, or opportunities or sites designated in the Town's Comprehensive Plan.

(4) Applicant request. Any applicant before the Planning Board may request approval of a conservation subdivision.

C. Density.

(1) The permitted number of dwelling units shall not exceed the number of units that, in the Planning Board's judgment, would be permitted if the land were subdivided into lots fully conforming to minimum lot size, bulk area requirements, and other requirements of the Town of Lloyd Zoning Law and Subdivision Regulations[3] applicable to the district or districts in which such land is situated and conforming to all other requirements of the Town of Lloyd Code.

[3] Editor's Note: See Ch. 90, Subdivision of Land.

(2) To determine a maximum unit count, the applicant shall submit a yield plan meeting the requirements set forth in § 90-6D of the Code. The yield plan shall be realistic and must not show potential house sites or streets in areas that would not ordinarily be legally permitted in a conventional subdivision. If necessary, the Planning Board may require the applicant to provide an analysis of potential compatibility or incompatibility of the yield plan with the "Standards for Issuance of Permits and Letters of Permission" found in 6 NYCRR 663.5 when sites involve state-protected freshwater wetlands or other resources for which discretionary permits would be required.

D. Dimensional standards. Except as specified herein, all dimensional standards normally applicable to other subdivisions and uses shall also be applicable to conservation subdivision.

(1) Minimum required open space. In all zoning districts, a conservation subdivision shall preserve a minimum of 60% of the tract's gross acreage as open space land. Parking areas and roads shall not be included in the calculation of the minimum required open space.

(2) Bulk standards. Lot sizes and dimensions and structure locations may be freely disposed and arranged in conformity with the overall density and open space standards herein. No minimum lot size is specified, but the Planning Board may consider 8,000 square feet as a guideline for minimum lot size for subdivisions where central water supply and sanitary sewage disposal facilities exist or are proposed, subject to adjustment according to health and safety considerations. In the Agricultural Zoning District, the maximum residential building lot size shall be 1/2 acre, insofar as practicable based on topography and Ulster County Health Department standards.

E. Permanent protection of open space. Open space of 10 acres or more shall be permanently protected with a conservation easement as provided in this subsection unless such land is dedicated in fee simple to the Town or other government entity. Open space of less than 10 acres may be protected by the filing of a restrictive declaration and notation on the final plat to the satisfaction of the Planning Board and its attorney, provided that such deed restriction and plat notation shall state that the deed restriction can only be changed with Planning Board approval, and provided that the Planning Board may, in its discretion, require that the open space be protected with a conservation easement. The following regulations shall apply to all conservation easements:

(1) The conservation easement shall permanently restrict development of the open space land, allowing use only for agriculture, forestry, passive recreation, protection of natural resources, or similar conservation purposes, pursuant to § 247 of the General Municipal Law and/or §§ 49-0301 through 49-0311 of the Environmental Conservation Law, and shall be granted to a qualified easement holder acceptable to the Planning Board.

(2) The conservation easement or restrictive covenant shall permanently restrict the open space from future subdivision and shall define the range of permitted activities. Under no circumstances shall any development be permitted in the open space at any time, except for the following uses:

(a) Conservation of open land in its natural state (for example, woodland, fallow field, or managed meadow). The clearing of woodland shall generally be prohibited, except as necessary according to silvicultural best management practices and to create trails, active recreation facilities, and to install subsurface sewage disposal systems. The determination of necessity shall lie with the Planning Board.

(b) Agriculture.

(c) Game preserve, wildlife refuge, or other similar conservation use.

(d) Woodlots, arboreta, and silviculture in keeping with established standards for selective harvesting and sustained-yield forestry.

(e) Neighborhood open space uses such as village greens, commons, picnic areas, community gardens, trails, and similar low-impact passive recreational uses specifically excluding motorized off-road vehicles, rifle ranges, and other uses similar in character and potential impact as determined by the Planning Board.

(f) Active noncommercial recreation areas, such as playing fields, playgrounds, and courts, provided that such areas do not consume more than half of the minimum required open space land or five acres, whichever is less. Playing fields, playgrounds, and courts shall not be located within 150 feet of abutting properties, nor shall such facilities by equipped with lighting. Parking facilities for the same shall also be permitted, and they shall generally be gravel-surfaced, unlighted, properly drained, provide safe ingress and egress, and contain no more than 10 parking spaces. Such recreation uses may be a public park or recreation area owned and operated by a public or private nonprofit agency but shall not include storage of materials, trucking or repair facilities, or private or municipal sanitary landfills.

(g) Golf courses may comprise up to 80% of the required open space land but shall not include miniature golf. Their parking areas and any associated structures shall not be included within the open space requirement; their parking and accessways may be paved and lighted.

(h) Water supply and sewage disposal systems, and stormwater detention areas designed, landscaped, and available for use as an integral part of the open space area.

(i) Easements for drainage; access, sewer or water lines, or other public purposes.

(j) Underground utility rights-of-way. Aboveground utility and street rights-of-way may traverse conservation areas but shall not count toward the minimum required open space land.

(3) The conservation easement shall contain appropriate provisions for proper reverter or retransfer in the event that the qualified easement holder becomes unwilling or unable to continue carrying out its functions and shall provide that the Town of Lloyd shall be the contingent holder and third-party enforcer of the easement should default occur by the initial holder of the easement.

(4) A restrictive stewardship fund shall be established if required by the qualified easement holder.

§ 100-35 Community benefits incentive zoning.

A. Purpose and objectives.

(1) The Town Board of the Town of Lloyd, consistent with § 261-b of the Town Law of the State of New York and the Town of Lloyd Comprehensive Plan, has determined that it is appropriate to make adjustments to permissible density in the Traditional Neighborhood Development (TND) District and Mixed Use Development (MUD) District for the specific purpose of increasing community benefits at a minimum cost to the residents and taxpayers of the Town.

(2) To achieve this intent, it is the purpose of this section to authorize the Town Board to grant incentives to the private sector engaged in the land development process for the specific purpose of providing community benefits, in accordance with the Town of Lloyd Comprehensive Plan and in coordination with other community planning mechanisms or land use techniques.

(3) This authority may be used by the Town Board to assist in implementing the following objective from the Town's Comprehensive Plan:

(a) To enhance community benefits and infrastructure.

B. Applicability. This section applies only to the following zoning districts: TND District, PUD District and MUD District.

C. Definitions. For the purpose of this section, the terms used are defined as follows:

COMMUNITY BENEFITS

Open spaces, including farmland and other open space lands, that have ecological, economic, aesthetic or recreational benefit to the residents of the community.

INCENTIVES

Adjustments to the permissible density of the Zoning Law of the Town of Lloyd in exchange for a specific community benefit that provides for the significant preservation of open space.

INCENTIVE ZONING

The system by which specific incentives are granted, pursuant to § 261-b of the Town Law of the State of New York and the provisions of this section, on condition that specific open space benefits would inure to the community.

D. Permitted incentives. The Town Board may grant the following specific incentives in accordance with the procedures set forth in this section:

(1) Incentive A. Single-family residential incentives: increases in single-family dwelling unit density beyond the base density in the TND and MUD Districts.

(2) Incentive B. Two-family, townhouse or multifamily incentives: increases in two-family, townhouse or multifamily dwelling unit density beyond the base density in the TND and MUD Districts.

E. Community benefits.

(1) The following community benefits may, at the discretion of the Town Board, be accepted in exchange for an incentive as provided in Subsection D, Permitted incentives, above. These community benefits shall be provided off the site of the subject application and may involve one or more parcels of land.

(a) Creation of a park or other recreational facility of at least equal size to the development for which the developer wishes to increase density.

(b) Cash in accordance with the Subsection F, Special conditions, below, paid to the Town of Lloyd for infrastructure modification or to create new infrastructure that will enable affordable housing, as is described in § 100-36 of this chapter, to be created or developed.

(c) Cash in accordance with the Subsection F, Special conditions, below, paid to the Town of Lloyd for the installation or renovation of public pedestrian pathways, including but not limited to sidewalks, walking paths, hiking pathways, and other paved or unpaved walkways.

(d) For any community benefit the Town Board determines to be in the best interest of the community.

(2) These community benefits will be in addition to any other mandated requirements pursuant to other provisions of the Town of Lloyd Code and any other applicable law or regulation.

F. Special conditions.

(1) All proposed community benefits to be provided by the applicant must show a demonstrable benefit to the benefit area.

(2) The Town Board shall be authorized to grant incentives only in accordance with the following conditions:

(a) Determination of incentive. The incentive granted shall be based on the development potential of the buildable acreage in accordance with the provisions of § 100-13C and as described in the table below, as determined by the Town Board at the time of application. Buildable acreage shall be determined based upon a formula method yield plan or an engineered yield plan as set forth in § 90-6D(1) of the Town Code.

	Determination of Community Benefit Required Dwelling Unit Incentive
	Development	Development Increase	Benefit Required
	Single-family residential	1 additional dwelling unit	4 acres buildable acreage or $30,000* per dwelling unit
	Two-family, townhouse or multifamily	1 dwelling unit per the minimum required buildable acreage	3 acres buildable acreage or $20,000* per dwelling unit; a two-family would require 6 acres buildable acreage or $40,000

	Note:
	*	Fee to be reviewed annually by the Town Board based on the estimated average appraised value of development rights for acreage in the Agricultural District and adjusted as necessary after review and recommendation by the Planning Board.

(b) Increases will be granted in increments according to the table above and shall not exceed the permitted density increase over the original base zoning of the incentive site as stipulated in § 100-24 of this chapter.

G. Criteria and procedure for approval.

(1) Optional preapplication review. It is recommended that the applicant meet informally with Town planning staff prior to completion of an application for open space incentive zoning for purposes of gathering information for the proposed benefit/incentive exchange. The applicant is advised to review the Town's Comprehensive Plan and any other materials the Town may have on file regarding the open space incentive zoning program.

(2) Applications requesting incentives in exchange for providing community benefits shall be submitted to the Town Board and shall be submitted simultaneously with an application rezoning to TND, PUD or MUD. The application shall include the following information:

(a) The requested incentive.

(b) The proposed community benefit.

(c) A narrative which demonstrates the following:

[1] The benefits to the community, including the benefit area, from the proposed amenity.

[2] Consistency with the goals and objectives of the Town's Comprehensive Plan.

[3] The relative importance and need for the benefit.

[4] That there are adequate sewer, water, transportation, waste disposal and fire-protection facilities, available or proposed, in the zoning district in which the TND or MUD is proposed to accommodate the additional demands the incentive may place on these facilities beyond the demand that would be placed on them if the district were developed to its fullest base density potential.

[5] That all conditions and other applicable requirements of the law are met.

(d) Full environmental assessment form.

(e) Any other information or support materials as needed or requested by the Planning Board.

H. Review by the Town Board. The Town Board may engage a consultant to assist in the review of the application, the cost of which shall be borne by the applicant. When required by § 239-m of the General Municipal Law, the application shall be copied to the Ulster County Planning Department for its review. The Town Board may also refer the application to other local and county officials, representatives of federal and state agencies and consultants as deemed appropriate. Suggested modifications to the proposal in order to achieve consistency with the purposes and objectives of this section may also be provided by the Planning Board to the applicant.

[Amended 9-8-2010 by L.L. No. 13-2010]

I. Compliance with SEQR. Every decision by the Town Board concerning an application for use of incentive zoning on a particular project shall fully comply with the provisions of SEQR.

J. Public hearing. Prior to its final decision, the Town Board shall conduct a public hearing on the application. The public hearing on the incentive zoning application should be conducted in conjunction with the application for subdivision plat approval and/or site plan approval for the proposed TND or MUD project. The public hearing should preferably be conducted in conjunction with any public hearing required under SEQR. At least five days' notice (14 days if a draft environmental impact statement or supplemental environmental impact statement is required) of the time and place of the hearing shall be published in the official newspaper of the Town.

K. Findings and final decision.

(1) Following the public hearing and completion of the SEQR process, the Town Board may approve, approve with modifications or conditions, or deny the proposed incentive zoning application. The basis for the Town Board's decision shall be reflected in the record. The record will include, but not be limited to, the following:

(a) SEQR: that all requirements of SEQR have been met, including the required findings under that law.

(b) Development capacity: that the proposed project, including the incentive, can be adequately supported by the public facilities available or provided as a result of the project, including but not limited to sewer, water, transportation, waste disposal and fire protection.

(c) Public benefit: that the community benefit provided by the applicant is commensurate with the incentive granted by the Town Board.

(d) Project quality: that the project is in harmony with the stated objectives of this section and will promote the purposes herein, and that the project is sufficiently advantageous to render it appropriate for grant of an incentive.

(2) The Town Board may impose conditions on a project to ensure that the above findings are ensured through the subsequent plan review and construction phases of the project.

§ 100-36 Affordable housing regulations.

A. Intent and purpose. The Town of Lloyd recognizes that there is a lack of affordable housing opportunities in the Town and the region for moderate-income households, such as residents of retirement age with fixed or reduced incomes, young adults of modest means forming new households, government and school district employees in moderate-income ranges, single-parent families, and health care, retail and service personnel needed to serve the expanding residential and commercial base in the Town. The inadequate supply of housing in the Town and the region for persons of moderate income results in commuting from outside the area to places of employment within the Town, thereby overtaxing existing roads and transportation facilities, significantly contributing to air and noise pollution, and engendering greater-than-normal personnel turnover in the business, industry and public agencies of the Town, all adversely affecting public health, safety and welfare and resulting in an added financial burden on the citizens of the Town. Without intervention, the trend toward increasing housing prices and the local and regional shortage of affordable housing for Town residents and local employees will have a negative impact on the ability of local employers to maintain an adequate local work force. The purpose of this section is to enhance the public health, safety, and welfare by promoting high-quality, moderately priced housing located in neighborhoods throughout the community for households of moderate-income levels in order to meet the Town's goal, as expressed in the Town's Comprehensive Plan, of preserving and promoting a culturally and economically diverse population in the Town, and to meet existing and anticipated future employment and volunteer needs in the Town.

B. Exemptions. Affordable dwelling units that are constructed with federal or state subsidies and/or with tax incentives shall be exempt from the provisions of this section.

C. Covered development projects.

(1) The provisions of this section apply to all developments that result in or contain 10 or more residential dwelling units or lots in the Town of Lloyd. The types of development subject to the provisions of this section include, without limitation, the following:

(a) A development that is new residential lots, new residential construction, or new mixed-use construction with a residential component.

(b) A development that is the renovation or reconstruction of an existing multifamily residential structure that increases the number of residential units from the number of units in the original structure.

(c) A development that will change the use of an existing building from nonresidential to residential.

(d) A development that includes the conversion of rental property to condominium property.

(2) In calculating whether a covered development contains a total of 10 or more dwelling units for the purposes of this section, the development includes all land at one location owned or controlled by the applicant. An applicant must not avoid this section by submitting piecemeal applications or approval requests for subdivision plats, site or development plans, or building permits. Any applicant may apply for an approval for fewer than 10 dwelling units or lots at any time, but the applicant must agree in writing that the applicant will comply with this section when the total number of dwelling units or lots at one location reaches 10 or more.

D. Inclusionary percentage. Ten percent of the total number of residential units or lots in any covered development shall be affordable to moderate-income households and shall be located on the site of the covered development. Resulting fractional obligations shall be rounded as follows: a fraction of 0.5 or more shall be rounded up, and a fraction of less than 0.5 shall be rounded down.

E. Density bonuses. For all covered developments under this section, a density bonus shall be provided equal to one market rate unit for each affordable housing unit required under this section.

F. Affordable housing plan. As part of the approval of a covered development project, the applicant shall submit to the Town of Lloyd Planning Board an affordable housing plan that outlines and specifies the covered development's compliance with each of the applicable requirements of this section. The plan shall specifically contain, at a minimum, the following information:

(1) A general description of the development, including whether the development will contain rental units or individually owned units, or both.

(2) The total number of market rate units or lots and affordable units or lots in the development.

(3) The number of bedrooms in each market rate unit and each affordable unit.

(4) The square footage of each market rate unit and each affordable unit.

(5) The location within any multifamily residential structure, mixed-use building, townhouse, and single-family detached residential development of each market rate unit or lot and each affordable unit or lot.

(6) The pricing for each affordable dwelling unit or lot.

(7) The phasing and construction schedule for each market rate unit and each affordable unit.

(8) Documentation and plans regarding the exterior appearances, and exterior and interior materials and finishes of the development and each of its individual units.

G. Development standards. Affordable housing units must meet the following standards:

(1) Location of affordable dwelling units or lots. All affordable housing units or lots shall be dispersed among the market rate units or lots throughout the covered development.

(2) Exterior appearances and finishes. The exterior finishes and appearances of the affordable dwelling units shall be indistinguishable from the market rate units in the covered development and shall be constructed of the same quality building materials.

(3) Interior finishes. Affordable dwelling units may differ from market rate units with regard to interior finishes, and the developer may substitute different appliances and interior hardware as long as the following minimum construction standards are met:

(a) Kitchen cabinets and vanities shall be new and doors shall be made from solid wood or plywood (no flakeboards, pressboard, etc.).

(b) Moisture-resistant sheetrock shall be used in bathrooms.

(c) Doors, windows, boilers, furnaces, hot-water heaters, air-conditioning units (if applicable) and appliances shall meet Energy Star specifications.

(d) Kitchen and bath faucets shall be ceramic valve type.

(e) Flooring for kitchen, bath and entry foyer (if applicable) shall be ceramic tile, hardwood, or vinyl composite tile/vinyl sheet flooring of 0.075 inch mil thickness or greater.

(f) Overhead light fixtures in bedrooms, apartment hallways and dining areas shall be permanently installed and activated by switches.

(g) Each unit shall contain a thirty-inch-wide stove and a refrigerator of 19 cubic feet or larger.

(h) Carpets shall be pile type, builder grade, with appropriate underlayment. No indoor/outdoor types shall be used.

(4) Size. Affordable dwelling units may differ from market rate units with regard to size, provided that:

(a) The housing types (multifamily, townhouse, single-family detached, etc.) of the affordable units shall be in equal proportion to the market rate units in the covered development, unless the Planning Board has determined that there is a lack of diversity in affordable unit types, and an analysis of the list of eligible households shows a clear need for different housing types, in which case the Planning Board may approve alternative types of affordable units.

(b) In all zoning districts except the TND District, the bedroom mix of affordable units shall be in equal proportion to the bedroom mix of the market rate units, except that no affordable unit shall have more than three bedrooms. In the TND District, the goal shall be that 50% of the affordable units shall contain three bedrooms, 25% shall contain two bedrooms, and 25% shall contain one bedroom.

(c) The gross floor area of the affordable dwelling units shall meet the following minimum size requirements:

		Unit Type
	Number of Bedrooms	Detached Single-Family (square feet)	All Other Types (square feet)
	Efficiency (studio)	—	450
	1	—	600
	2	1,000	750
	3	1,200	1,100

(5) Phasing of construction. For all phased developments, the construction of required affordable units or lots shall be sequenced to coincide with the construction of market rate units or lots, as provided below. Certificates of occupancy (CO) shall be issued for market rate units when the required percentage of affordable dwelling units for the respective phase has been completed.

	Percentage of Market Rate Units Receiving CO	Percentage of Affordable Units Receiving CO
	20%	None
	40%	At least 20%
	60%	At least 60%
	80%	At least 100%
	100%	100%

(6) Development of affordable residential lots. In cases where the covered development project results in the subdivision of residential lots without development of dwelling units, the following provisions shall apply:

(a) Where such lots are ultimately to be developed by the applicant or are restricted such that they are required to be developed by a specific developer upon sale of the lots, the applicant or developer shall construct the required affordable dwelling units on the lots in accordance with the provisions of this section.

(b) Where such lots are to be sold without development and without restrictions regarding who may develop the lots, the lots shall be encumbered with a restrictive covenant stipulating that said lots can only be developed with an affordable dwelling unit that satisfies the requirements of this section.

H. Determining applicant eligibility. Applicant eligibility shall be determined by the Town's housing administrator as follows:

(1) To be eligible to purchase an affordable dwelling unit, the household's aggregate annual income shall not exceed 80% of the Kingston Ulster County Metropolitan Statistical Area median family income, as established and defined in the annual schedule published by the Secretary of the U.S. Department of Housing and Urban Development (HUD), and adjusted for household size.

(2) To be eligible to rent an affordable dwelling unit, the household's aggregate annual income shall not exceed 65% of the Kingston Ulster County Metropolitan Statistical Area median family income, as established and defined in the annual schedule published by the Secretary of the U.S. Department of Housing and Urban Development, and adjusted for household size.

(3) The Town Board shall annually revise the standard of eligibility, which shall specify moderate-income levels for varying sizes of households and shall include different income eligibility standards for buyers and renters.

I. Preference to purchase or rent.

(1) Once a household is determined to be eligible to participate in the affordable housing program based on income limits as set forth above, the Town's housing administrator will give preference to purchase or rent affordable housing units to eligible households on the basis of the factors listed below. For the purpose of determining preferences, a household shall include any and all household members who have reached the age of majority and who will occupy the affordable dwelling unit as their primary residence. Households seeking priority preference based on employment or voluntary service must provide a certification letter from an authorized person within such organization attesting to the household's length of employment or volunteer service. First preference shall be given to a household in which, as of the time of application, at least one person has lived and/or worked in the Town of Lloyd for two or more years. In accordance with the Fair Housing Act, the Town of Lloyd prohibits discrimination based on race, color, national origin, religion, sex, familial status, physical or mental disability, or any other classifications protected by law.

(a) An active and continuous member of a Volunteer Fire Department or emergency medical service within the Town of Lloyd with a minimum of 24 months' consecutive active service: six points (maximum 12 points per household).

(b) Health care workers, including skilled professions such as paramedics, nurses and medical technicians, as well as orderlies, working at a facility located within 20 miles of the border of the Town of Lloyd, minimum of 24 months' employment: six points (maximum 12 points per household).

(c) Full-time municipal employees of the Town of Lloyd, minimum of 24 months' employment: four points (maximum eight points per household).

(d) Employees of a public or private school serving to educate children living within the Town of Lloyd, minimum of 24 months' employment: four points (maximum eight points per household).

(e) Residents of the Town of Lloyd or their immediate relatives (children or parents): four points (maximum eight points per household).

(f) Veteran of U.S. Armed Services, active or honorably discharged: four points (maximum eight points per household).

(g) Senior (65 years of age or older) or disabled residents of the Town of Lloyd: two points (maximum four points per household).

(2) Eligible households lacking the minimum two-year residency or work standard shall constitute a second and subordinate class of preferred purchasers or tenants, and the same priorities set forth in Subsection I(1) shall apply within this class.

J. Period of affordability. Affordable dwelling units shall be resold or rented to moderate-income households in perpetuity. At the time of subdivision or development approval for any covered development, the applicant and the developer, if different, shall execute and record restrictive covenants to restrict the future sales price and/or rental terms of the affordable dwelling units in accordance with the provisions of this section. The restrictive covenants shall assure that:

(1) The restrictions of this section run with the land in perpetuity.

(2) The covenants shall bind the applicant, any heir, assignee, mortgagee or buyer, and all other parties that receive title to the property. The covenants shall be subordinate only to the first mortgage lien held by an institutional lender on the affordable dwelling unit and in no way shall impair the institutional first mortgagee's ability to exercise all remedies available to it in the event of any default of such mortgage, as set forth more fully in the Town's Affordable Housing Executive Regulations.

(3) The covenants shall include a provision requiring that every deed conveying title to an affordable dwelling unit shall include the following paragraph, subscribed to in the instrument by both seller and buyer, to inform all future sellers and buyers that this unit is an affordable dwelling unit subject to the provisions of this section:

"This dwelling has been constructed for use by moderate-income families pursuant to Chapter 100 Section 35 of the Town of Lloyd Code. Its future sale (including resale) or rent must be to persons who qualify under that Section's income requirements at a price in accordance with the Lloyd Town Code. The Town of Lloyd shall have the power to enforce this clause and to recover reasonable attorney's fees and other costs incurred in successful efforts to remedy breaches of said provisions of local law. This covenant shall run with the land."

K. Calculations of initial sales price and permissible rent. Maximum rental and sales prices for affordable dwelling units shall be set by resolution of the Town Board and amended from time to time in accordance with the following procedures:

(1) Initial sales price. The initial sales price for a particular affordable housing unit shall be calculated such that the annual cost of the sum of principal, interest, taxes, insurance and common charges, as applicable, shall not exceed 30% of the income for an eligible household, as determined by Subsection H(1) above. Prices shall be calculated on the basis of an available fixed-rate thirty-year mortgage consistent with the average rate published from time to time by Freddie Mac and a down payment of no more than 5% of the purchase price.

(2) Permissible yearly rent. The maximum yearly rent, including utilities (heat, water and electric), for a particular affordable housing unit shall not exceed 30% of the income for an eligible household, as determined by Subsection H(2) above.

(3) In calculating the maximum rental and sales prices of affordable dwelling units, the following relationship between unit size and household size shall apply:

(a) Efficiency and one-bedroom units: one-person household.

(b) Two-bedroom units: three-person household.

(c) Three-bedroom units: four-person household.

L. Improvements. Neither owners nor renters of affordable dwelling units shall make any improvements that require a building permit without prior written permission from the Town's housing administrator. Under no circumstances shall the Town's housing administrator approve any increase in the size of the habitable space of any affordable dwelling unit.

M. Resale of affordable dwelling units.

(1) Affordable dwelling units shall only be resold to eligible moderate-income households.

(2) The owner of an affordable dwelling unit shall notify the Town's housing administrator, as provided for in Subsection Q, of his or her intent to sell prior to contact with any realtor or purchaser.

(3) The Town's housing administrator will calculate the maximum resale price for an affordable dwelling unit according to the following factors:

(a) The base must be the original price paid for the unit, plus an allowance equal to the rate of increase in the consumer price index for New York-New Jersey and Long Island between the month and year of initial sale and the current month and year.

(b) To this base, the Town's housing administrator must add the current fair market value of capital improvements, as determined by the Town's housing administrator, made to the unit after the date of purchase. Improvements must be permanent in nature and clearly add to the market value of the unit. Normal owner maintenance, general repair work, and decorative items or work must not be included in the resale price determination.

(c) The owner must provide an itemized list of all capital improvements and upgrades for which credit is requested as part of the resale price. All improvements claimed must be documented with receipts, contracts or other evidence supporting their value. The Town's housing administrator may establish standard fair market values for certain improvements, and this value may be used by the Town's housing administrator rather than cost data records of the improvements submitted by the owner.

(d) All affordable dwelling units shall be maintained at the original builder's specification level. At the time of resale, if the Town's housing administrator determines that there is evidence of physical deterioration, abnormal wear and tear, or obsolescence because of neglect, abuse, or insufficient maintenance, the value allowed for the improvements may be reduced based on a depreciation schedule adopted by resolution of the Town Board.

(e) Normal owner maintenance includes, but is not limited to, replacement of major building systems (roof, hot-water heater, furnace, deck/porch) which have reached their useful life (e.g., replacement of a roof after 20 years). The Town reserves the right to establish a schedule outlining the "useful life" of common major building systems.

(f) Capital improvements completed without a building permit as required by the New York State Building Code and any applicable local regulations shall not be added to the maximum resale price.

(g) Appliances shall be depreciated on a ten-year straight-line basis from the initial purchase price.

(h) The owner must permit a representative of the Town to inspect the unit upon request to verify the existence and value of any improvements that are being claimed by the owner.

N. Continued eligibility to rent.

(1) An applicant(s) for an affordable rental unit shall, if eligible and selected for occupancy, be entitled to a lease for a term of no more than two years. As long as the resident remains eligible and complies with the terms of the lease, said resident shall be offered two-year lease renewals.

(2) The rental resident(s) shall annually provide a verified statement of the identity of household occupants and their respective incomes to the Town's housing administrator, and shall otherwise comply with additional reasonable requests for household income verification made by the Town, as a condition of the right to continue in residence. If a rental unit's occupying household's income shall come to exceed by more than 20% the maximum then allowable, as defined in this section, and if there is at that time another eligible household, said occupants may complete the current lease term and shall be offered a market rate rental unit in the development, if available as of the end of the lease term. In the event such market rate unit is not available, the occupants shall be allowed to sign one additional one-year lease for the affordable rental dwelling unit, but renewal of the lease shall not be offered at expiration of the one-year lease.

(3) All leases shall include a clause, suitable to the Town's housing administrator, that the landlord is obligated to take all relevant and timely steps, including litigation, to recover possession of an affordable dwelling unit in which ineligible occupants hold over beyond a legitimate lease term and that the holdover occupants will be responsible to defray the expenses, including but not limited to reasonable attorney's fees and court costs incurred by the landlord in pursuit of efforts to recover possession.

O. Occupancy requirements.

(1) Standards.

(a) At the time of purchase or rent, the maximum number of residents who may reside in an affordable dwelling unit shall be two persons for efficiency and one-bedroom units, four persons for two-bedroom units, and no more than two persons for each additional bedroom thereafter.

(b) Three-bedroom affordable housing units shall not be sold or rented to one-person households.

(2) Residency. All affordable dwelling units shall be the primary residence of the owners or renters. Owners may not rent their unit to others, and renters may not sublet their unit. These restrictions shall not apply to the developer of the affordable units. Partial rentals, such as renting out a bedroom, and seasonal rentals are also prohibited.

P. Tax assessment. The Town Assessor shall consider the limited resale value of affordable dwelling units when determining the appropriate assessment of such units.

Q. Administration and enforcement.

(1) The Town Board may administer the affordable housing requirements of this section. Alternatively, the Town Board may appoint an employee(s), establish a committee, or contract with an outside entity to administer the affordable housing requirements of this section (the "Town's housing administrator").

(2) Prior to the issuance of a certificate of occupancy, the Town's housing administrator shall inform the owner and/or the project manager of the maximum rental or sales price which may be established for the affordable dwelling unit(s) and the maximum gross household income for eligibility for occupancy of said units. On or before April 1 of each year thereafter, the administrator shall notify the owner and/or the project manager of any annual changes in such information.

(3) The owner and/or the project manager, as appropriate, shall annually provide proof to the Town's housing administrator, on or before June 1 of each year, that the current rental price of all affordable units complies with the terms of this section.

(4) The owner of an affordable unit, before the sale of such unit, shall provide proof to the Town's housing administrator that the sales price complies with the terms of this section and shall provide a copy of the proposed deed to the administrator for approval in advance of sale.

(5) The following identifies additional responsibilities and duties of the Town's housing administrator:

(a) Maintain eligibility priority list, annually certify and recertify applicants for affordable housing.

(b) Establish lottery procedures for selecting applicants that have equal priority.

(c) Review certification for owners and lessors of rental units certifying that units are occupied by eligible households.

(d) Maintain list of all affordable units in the Town.

§ 100-37 Mining.

A. Permits for mining. Mining shall be allowed only by Town Board permit except for the mining of less than 700 cubic yards of minerals within 12 successive calendar months, which does not require a permit from the Town Board. Applications for permits may be submitted for annual terms running from one year to five years but not to exceed five years. Mining permits shall expire at the end of their terms in accordance with their issue and expiration dates and may be renewed upon application to the Town Board at least 30 days prior to the expiration date of the permit. A renewal application shall be submitted on forms provided by the Building Department.

B. Application for permits. A permit application for mining shall be submitted to the Town Board on forms provided by the Building Department. A permit applicant for mining subject to state jurisdiction shall submit to the Town Board copies of all applications and other materials submitted to the New York State Department of Environmental Conservation (DEC) in connection with its application for a Mined Land Reclamation Law[1] permit.

[1] Editor's Note: See Environmental Conservation Law § 23-2701 et seq.

C. Permit procedure for mining subject to state jurisdiction. In determining whether to grant or deny a permit application for mining subject to state jurisdiction, the Town Board shall consider all applicable special use permit zoning criteria set forth herein. If the Town Board grants a permit subject to conditions, such conditions shall be limited to the following, unless the laws of New York State allow the imposition of additional conditions:

(1) Ingress and egress to public thoroughfares controlled by the Town.

(2) Routing of mineral transport vehicles on roads controlled by the Town.

(3) Requirements and conditions as specified in the permit issued by DEC concerning setback from property boundaries and public thoroughfare rights-of-way, natural or man-made barriers to restrict access, dust control and hours of operation.

(4) Enforcement of reclamation requirements contained in DEC permits issued pursuant to the Mined Land Reclamation Law.

D. Permits for mining not subject to state jurisdiction. In determining whether to grant or deny a permit application for mining not subject to state jurisdiction, the Town Board shall consider all applicable special use permit zoning criteria set forth herein. If the Town Board grants a permit subject to conditions, such conditions may include, but are not limited to, the following:

(1) The mining operation and operations accessory thereto may not be detrimental to the appropriate and orderly development of any district in which it is situated or impair the value thereof.

(2) All mining operations and operations accessory thereto shall be made only in accordance with approved plans. These plans shall show the location of the site and its relation to neighboring properties and roads within 500 feet of the site, area to be excavated, existing slopes, proposed slopes after excavation, proposed level of any impounded water, plans for erosion control and location of access drives to the site.

(3) No excavation shall be closer than 50 feet to any street line or other property line, and no excavation below the grade of a street or property line shall be closer than 200 feet thereto. No excavation shall be closer than 500 feet to the boundary line of a zoning district within which excavation is not permitted.

(4) The final slope of any excavated material shall not exceed the normal limiting angle of repose of such material, except where a suitable retaining wall, as shown on approved plans, is built to provide lateral support.

(5) Fences or barricades shall be erected to protect pedestrians and vehicles. All open pits shall be enclosed by fencing until they are refilled. The uphill side of side hill excavations shall be permanently fenced.

(6) Storage piles of materials, including waste materials, shall not be located closer to property lines than is permitted for excavation. After completion of excavation operations, waste materials shall be used in filling all open pits. Piles of excess waste materials shall be leveled.

(7) No excavation operations shall take place between the hours of 8:00 p.m. and 6:00 a.m. or at any time on Sunday or a legal holiday.

(8) The processing of such resource shall be limited to the washing, separating or grading of the excavated mineral.

(9) Performance security shall be posted with the Town Board in an amount and form to be determined by the Board, insuring conformance to approved plans and all applicable regulations, including, but not limited to, reclamation costs. The Town Board shall set a reasonable time limit for such security, not to exceed five years, except in the case of continuing excavation operations where a security must be renewed or extended with the permit renewal or in the case of ceased operations where a security must be renewed or extended to cover the life of the implementation of the reclamation plan.

(10) A reclamation plan, which describes the operations to be performed by the permit applicant to reclaim the land to be mined over the life of the mine, shall be required. The reclamation plan shall include maps, plans, the schedule for reclamation, written material and other documents as required by the Town Board.

§ 100-38 Supplementary standards for the W-G District. [1]

[Added 6-19-2013 by L.L. No. 4-2013]

A. Farmers' market. A farmers' market, as defined in § 100-8 of this chapter, shall be permitted in the GM Subdistrict of the W-G District, provided that:

(1) If the farmers' market involves the construction or use of permanent structures or other improvements, including parking surfaces and signage, all applicable standards for the GM Subdistrict shall be met.

(2) If the farmers' market involves the use of temporary structures, such as tents or similar shelters, such structures may be erected only during periods of farmers' market activity and may be in place not more than 24 hours prior to or following such sales activity. The display of signage shall be restricted by the same time requirements and limited to on-site locations.

(3) The farmers' market shall meet all applicable Ulster County Health Department standards.

(4) A farmers' market may be a principal or accessory use.

B. Restaurant, drive-through. A drive-through restaurant shall be permitted in the GC Subdistrict of the W-G District and in the W-G: GM District with a special use permit, provided that:

(1) The drive-through is not accessed directly from Route 9W;

(2) Pedestrian circulation is not impeded by drive-through traffic.

C. Light industry in the W-G: GC District. Light industry shall be permitted in the GC Subdistrict of the W-G District, provided that:

(1) All light industrial use processes shall be performed within an enclosed structure.

(2) All storage of raw materials used in any light industrial use and any waste generated from any light industrial use shall be stored in an enclosed structure or a container made from impervious materials which prevents exposure of its contents to the ambient elements.

(3) Light industrial uses deemed to be high-impact uses are expressly prohibited. High-impact uses include industrial or manufacturing processes engaged in the production of any products classified under the following North American Industry Classification (NAIC) 2007 system code numbers: Veneer, Plywood and Engineered Wood Product Manufacturing (3212), except for Truss Manufacturing (321214), which shall not be included as a high-impact use; Pulp, Paper and Paperboard Manufacturing (3221); Petroleum and Coal Manufacturing (3241); Basic Chemical Manufacturing (3251); Pesticide, Fertilizer and Other Agricultural Chemical Manufacturing (3253); Other Chemical Products and Preparation Manufacturing (3259); Clay Product and Refractory Manufacturing (3271); Glass and Glass Product Manufacturing (3272); Cement and Concrete Manufacturing (3273); Lime and Gypsum Manufacturing (3274); Other Nonmetallic Mineral Product Manufacturing (3279); Iron Steel Mills and Ferroalloy Manufacturing (3311); Steel Product Manufacturing from Purchased Steel (3312); Alumina and Aluminum Production and Processing (3313); Nonferrous Metal (Not Alum) Production and Processing (3314); Foundries (3315); Resin, Synthetic Rubber, and Artificial Synthetic Fibers and Filaments Manufacturing (3252); Rubber Products Manufacturing (3262); and Leather and Allied Product Manufacturing (3161).

(4) Notwithstanding Subsection C(3) above, a manufacturing or industrial process classified under NAIC system code numbers Pottery, Ceramics, and Plumbing Fixture Manufacturing (32711); Vitreous China, Fine Earthenware, and Other Pottery Product Manufacturing (327112); Other Pressed and Blown Glass and Glassware Manufacturing (327212); Glass Product Manufacturing Made of Purchase Glass (327215); and Leather and Hide Tanning and Finishing (316110) shall not be considered a high-impact use if it:

(a) Is not likely to have a significant negative impact upon the environment.

(b) Is not likely to cause or significantly contribute to an increase in mortality or serious irreversible, or incapacitating reversible illness.

(c) Is not likely to pose a substantial present or potential hazard to human health due to the nature of its operation, materials used and/or wastes generated.

(5) Any use requiring a permit from a state or federal governmental agency, which permit would allow for the discharge, storage, transport, disposal, or release of contamination, shall be evidence of a high-impact use, as determined by the type and volume of contamination.

(6) High-impact uses also include any uses which have associated therewith any detrimental or obnoxious noise, vibration, smoke, odors, dust, heavy truck traffic, toxic or hazardous raw materials or hazardous wastes, and/or contamination.

D. Recreational business in the W-G: GC District. Recreational business, other than golf courses, driving ranges, go-kart tracks and similar outdoor recreational facilities that consume large amounts of land, shall be permitted in the GC Subdistrict of the W-G District.

[1] Editor's Note: Former § 100-38, Performance standards for nonresidential uses, as amended, was repealed 6-8-2011 by L.L. No. 2-2011.

§ 100-39 Wireless telecommunications facilities.

A. Purpose. The purpose of this section is to promote the health, safety and welfare of the residents of the Town of Lloyd and to preserve the scenic, historic, natural and man-made character and appearance of the Town while simultaneously providing standards for the safe provision, monitoring and removal of wireless telecommunications facilities consistent with applicable federal and state regulations; to minimize the total number of telecommunications towers in the community by encouraging shared use of existing towers, tall buildings and other high structures; to protect the natural features and aesthetic character of the Town, with special attention to open space, mountain ridges, recreation areas, historic sites, and scenic roads and views, by requiring careful siting and configuration, visual impact assessment, appropriate landscaping, and camouflaging of telecommunications towers; and to provide a procedural basis for action within a reasonable period of time for requests for authorization to place, construct, operate or modify wireless telecommunications facilities.

B. Use regulations. Any proposed user of wireless telecommunications facilities shall be an FCC-licensed provider of wireless telecommunications facilities. Wireless telecommunications facilities, if permitted by the Use Table in § 100-12,[1] shall require one of the following: a building permit only [see Subsection B(1)(a) below]; a building permit and site plan approval of the Planning Board [see Subsection B(1)(b) below]; or a building permit, site plan approval and special permit approval of the Planning Board, as provided in the remainder of this § 100-39.

(1) Location or co-location.

(a) The location or co-location of wireless telecommunications facilities on an approved telecommunications tower or a tall structure is a permitted use subject to the issuance of a building permit, provided that the Code Enforcement Officer determines that the location or co-location does not:

[1] Increase the original approved height of the supporting structure by more than 10%;

[2] Cause the original approved number of antennas to be exceeded by more than 50%;

[3] Increase the original approved square footage of accessory buildings by more than 200 square feet;

[4] Add new or additional microwave antenna dishes; or

[5] Expand the footprint of said support structure or cause adverse impacts on the existing support structure or the surrounding area.

(b) If the Code Enforcement Officer cannot make these findings, site plan approval will be required from the Planning Board, and the Code Enforcement Officer shall refer the matter to the Planning Board.

(2) New telecommunications tower construction, or modification, reconstruction or enlargement of such towers, is subject to obtaining site plan approval and special use permit approval from the Planning Board pursuant to § 100-40 of this chapter, as well as the standards and requirements hereafter established in this section. Applications for a special use permit under this subsection shall be a Type I action under the New York State Environmental Quality Review Act.

(3) Construction of wireless telecommunications towers shall comply with the Code of Federal Regulations pertaining to objects affecting navigable airspace as delineated with Federal Aviation Regulation (FAR) Part 77. Additionally, no application for construction of a telecommunications tower will be approved if the proposed tower violates the criteria for obstructions to air navigation as established by FAR Part 77.

[1] Editor's Note: The Use Table is included at the end of this chapter.

C. Requirements for co-location proposals. At all times, shared use of existing tall structures and existing or approved wireless telecommunications towers shall be preferred to the construction of new wireless telecommunications towers.

(1) Applications pursuant to Subsection B(1) shall be made to the Code Enforcement Officer and shall include the following:

(a) A completed application for a building permit.

(b) Documentation of consent from the owner of the existing tall structure or tower to allow shared use.

(c) A report by a professional engineer certifying that the proposed shared use will not diminish the structural integrity and safety of the tall structure or tower and explaining what modifications, if any, will be required in order to certify the above.

(d) A copy of applicable Federal Communications Commission license.

(e) A statement, certified by a radio frequency engineer, that the installation of the proposed antenna, including reception and transmission functions, will not interfere with the radio, television or other wireless services enjoyed by residential and nonresidential properties or with public safety communications in proximity to the site.

(f) A statement certified by a radio frequency engineer, that the facility will not exceed the maximum permissible exposure levels for the level of electromagnetic radiation, using standards in accordance with the FCC Guidelines for Evaluating the Environmental Effects of Radio Frequency Radiation (FCC Guidelines).

(g) Proof that the wireless telecommunications facility shall be fully automated and require only occasional maintenance of the facility and site.

(2) Applicants that do not meet the requirements of Subsection B(1) shall provide, in addition to the requirements of Subsection C(1), a site plan which shall show all existing and proposed structures and improvements, including antennas, roads, buildings, guy wires and anchors, parking and landscaping, grading plans for new facilities and roads, and such other information as the Planning Board deems appropriate in its review of the application. Any methods used to conceal the modifications of the existing facility shall be indicated on the site plan.

D. Requirements for new wireless telecommunications towers.

(1) The Planning Board may consider a special use permit request to locate a new wireless telecommunications tower if the applicant can:

(a) Demonstrate that shared use of existing tall structures and existing or approved telecommunications towers are undesirable due to structural deficiencies;

(b) Provide documented evidence that a site is unavailable because the owner is not willing to participate in a lease or ownership agreement;

(c) Provide documented evidence that the site will not work for technical reasons; or

(d) Demonstrate that the applicant's proposed location or co-location on the site would have an adverse impact on the surrounding area.

(2) An applicant for a new telecommunications tower shall also obtain site plan approval from the Planning Board and shall submit a completed full environmental assessment form (EAF) and a completed visual EAF addendum.

(3) An applicant shall be required to present an adequate report with an inventory of all existing tall structures and existing or approved telecommunications towers within a two-mile radius of the proposed site. The site inventory shall include a map showing the exact location of each site inventoried, including latitude and longitude (degrees, minutes, seconds); ground elevation above sea level; and height of the structure and/or tower of the inventoried location. The report shall outline opportunities for shared use of these facilities as an alternative to a proposed new wireless telecommunications tower. The report shall demonstrate good faith efforts to secure shared use from the owner of each potential existing tall structure and existing or approved telecommunications tower, as well as documentation of the physical, technical and/or financial reasons why shared usage is not practical in each case. Written requests and responses for shared use shall be provided. The report shall include the following information to permit the Planning Board to evaluate the need for the new wireless telecommunications tower site:

(a) Information establishing the present need for the proposed wireless telecommunications tower. Special use permits are to be based on actual need and not on speculation of future needs.

(b) RF signal coverage plots depicting the anticipated radio frequency coverage for the proposed site.

(c) RF coverage plots depicting evidence that the proposed area to be provided coverage by the proposed new tower is currently deficient in radio frequency coverage.

(d) The type, manufacturer, model number of the proposed tower.

(e) The height of the proposed tower, including the height of any antenna structure above the supporting structure of the tower.

(f) The number of proposed antennas, type, manufacturer, model number, dB gain, size, and orientation on the proposed tower.

(g) Such other information as may be deemed necessary by the Planning Board so as to make a thorough evaluation of the applicant's proposal.

(4) Applicants shall design proposed new wireless telecommunications towers structurally, electrically and in all respects to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the mount is over 100 feet in height or for at least one additional user if the mount is over 60 feet in height. Mounts must be designed to allow for future rearrangement of antennas upon the mount and to accept antennas mounted at varying height. Applications for new wireless telecommunications towers shall include an agreement committing the owner of the proposed new tower, and its successors in interest, to negotiate in good faith for shared use of said tower by any wireless service providers in the future. This agreement shall be filed with the Code Enforcement Officer prior to issuance of a building permit. Failure to abide by the conditions outlined in the agreement shall be grounds for the revocation of a special use permit. The agreement shall commit the wireless telecommunications tower and lessee and their successors in interest to:

(a) Respond within 45 days to a request for information from a potential shared-use applicant.

(b) Negotiate in good faith concerning future requests for shared use of the new telecommunications tower by other wireless service providers.

(c) Allow shared use of the telecommunications tower if another wireless service provider agrees in writing to pay reasonable and customary charges in the prevailing market. The charges may include, for instance, a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity and depreciation, and all of the costs of adapting the tower or equipment to accommodate shared use without causing electromagnetic interference.

E. Special use permit submission requirements. Applications to the Planning Board for a special use permit shall be made in accordance with § 100-40 and shall also include the following:

(1) The information required in Subsection D.

(2) Information and documentation indicating and identifying areas within the Town where wireless telecommunications coverage by the applicant remains inadequate. Applicants may be required to provide sufficient information to the Town so as to clearly identify and describe the applicant's telecommunications coverage master plan or siting and/or coverage plan.

(3) A report certified by a radio frequency engineer regarding nonionizing electromagnetic radiation for the proposed site. Such report will provide sufficient information to detail the amount of radio frequency radiation expected from the proposed site. Additionally, the engineer's report will comply with the FCC reporting criteria, as amended, for a cumulative report, reporting levels of anticipated exposure from all users on the site. The report must indicate whether or not the proposed telecommunications tower will comply with FCC emission standards.

(4) Proposed location of antenna, mount and equipment shelter(s), with total elevation dimensions and height.

(5) Proposed security barrier, indicating type and extent as well as point of controlled entry.

(6) Drawings, dimensioned and to scale, which show the ultimate appearance and operation of the wireless telecommunications facility at full buildout, including representations of the proposed mount, antennas, equipment shelters, cable runs, driveways, parking areas and any other construction or development attendant to the wireless telecommunications facility. If the security barrier will block views of the wireless telecommunications facility, the barrier drawing shall be cut away to show the view behind the barrier.

(7) Materials of the proposed facility specified by generic type and specific treatment. These shall be provided for the antennas, mounts, equipment shelters, cables, as well as cable runs, and security barrier. Specific stealth products and features shall be provided.

(8) Colors of the proposed facility represented by a color board showing actual colors proposed. Colors shall be provided for the antennas, mounts, equipment shelters, cables, as well as cable runs, and security barrier.

(9) Landscape plan, including existing trees and shrubs that would provide screening of the proposed facility, by dominant species and current height and those proposed to be added, identified by size of specimen at installation and species.

(10) The following material shall be provided to allow the Planning Board to determine the level of visual impact and the appropriateness of the facility:

(a) Existing (before condition) color photographs (minimum size eight inches by 10 inches) of views of the site from key viewpoints both inside and outside of the Town, including but not limited to state highways and other major roads, state and local parks, other public lands, preserves and historic sites normally open to the public, scenic roads and scenic views identified in the Lloyd Comprehensive Plan, and from any other location where the site is visible to a large number of residents or visitors. The Planning Board shall determine the key viewpoints from which the site shall be photographed.

(b) Proposed (after condition) simulations. Each of the existing condition photographs shall have the proposed wireless telecommunications facility superimposed on to it to show what would be seen from the key viewpoints if the proposed facility were built.

(11) Within 45 days of filing an application for a special use permit, the applicant shall arrange for a balloon or crane test at the proposed site to illustrate the height of the proposed facility. The dates (including a second date in case of poor visibility or unfavorable wind conditions), times, and location of such test shall be advertised in the official newspaper of the Town at least 14, but not more than 21, days prior to the test. The applicant shall meet with the Planning Board prior to arranging for the balloon test to review and agree upon acceptable dates, times and locations from which the photographs shall be taken.

(12) A photometric plan of all lighting on the site, including tower lighting if required.

(13) Waivers. The Planning Board may waive one or more of the application filing requirements of this subsection if it finds that such information is not needed for a thorough review of a proposed wireless telecommunications facility, based upon a specific request of the applicant.

F. Special requirements for new wireless telecommunications towers. Any special use permit for a new wireless telecommunications tower shall be subject to the following standards:

(1) Height. Notwithstanding the height restrictions listed elsewhere in this chapter, the maximum height of any new wireless telecommunications facility shall be 120 feet above natural ground level.

(2) Setbacks. All wireless telecommunications facilities and their equipment shelters shall be located on a single lot and shall comply with the building setback provisions of the zoning district in which the facility is located. In addition, the following setbacks shall be observed: the minimum distance from the base of any new tower to any property line, road, dwelling, business or institutional use, accessory structure or public recreation area shall be the height of the tower, including any antennas or other appurtenances, in order to preserve a safe "fall zone," which is the area on the ground within a radius from the base of a tower where there is a potential hazard from falling debris (such as ice) or collapsing material.

(3) Camouflage. New wireless telecommunications towers shall be camouflaged to the greatest extent possible to minimize the adverse visual and aesthetic impacts of the facility as follows:

(a) Camouflage by buffers of existing dense tree growth and understory vegetation in all directions to create an effective year-round visual buffer of sufficient height and depth to effectively screen the entire facility, with the exception of the top 10 feet of the tower, which may protrude above the height of the immediately surrounding vegetation. Where the bulk of the facility is screened but portions remain unscreened, the Planning Board shall determine the types of trees and plant materials to be provided and depth of the needed increased buffer based on site conditions.

(b) Camouflage by design. To the extent that any wireless telecommunications tower extends higher than 10 feet above the height of the immediately surrounding vegetation, it shall be camouflaged to resemble or mimic a native coniferous species of tree so as to minimize the adverse visual and aesthetic impact, unless otherwise required by the Planning Board. Towers may also be camouflaged by other means, such as new construction of a silo, flagpole, clock tower, bell tower, cross tower, steeple or other innovative replication of a structure that would be consistent with the character of the community as determined by the Planning Board.

(4) Tower design. The design of a proposed new wireless telecommunications tower shall comply with the following:

(a) Any new telecommunications tower shall be designed to accommodate future shared use by other carriers, as provided in Subsection D(4).

(b) Unless specifically required by other regulations, a telecommunications tower shall have a finish (either painted or unpainted) that minimizes the degree of visibility.

(c) Towers must be placed to minimize visual impacts. Applicants shall place towers on the side slope of terrain so that, as much as possible, the top of the tower does not protrude over the ridgeline, as seen from public ways.

(d) Wireless telecommunications facilities shall not be artificially lighted or display strobe lights unless required by the FAA or other applicable authority. Security lighting of equipment structures and other facilities on site shall be shielded from abutting properties, and footcandle measurements at the property line shall be 0.0 initial footcandle when measured at grade.

(e) No portion of any wireless telecommunications facility shall be used for a sign or other advertising purpose, with the exception of identification signage, which shall be limited to one sign of no greater than two square feet indicating the name of the facility owner(s) and twenty-four-hour emergency telephone numbers posted adjacent to any entry gate. In addition, "No Trespassing" or other warning signs may be posted on the fence. All signs shall comply with the sign requirements of the Town.

(f) Accessory structures shall be limited to equipment shelters only and shall maximize the use of building materials, colors and textures designed to blend with the natural surroundings. Equipment shelters shall be no more than 12 feet high and shall be used only for housing of equipment related to the particular site. Whenever possible, multiple equipment shelters shall be joined or clustered so as to appear as one building. Equipment shelters shall be camouflaged behind an effective year-round landscape buffer equal to the height of the proposed building. The Planning Board shall determine the types of plant materials and depth of the needed buffer based on site conditions.

(g) Wireless telecommunications facilities shall be designed by a licensed professional engineer to withstand overturning and failure. In the event of failure, towers and facilities shall be designed so that they will fall within the setback area of the site and/or away from adjacent residential properties. The Planning Board shall require a foundation design and certificate of safety from the carrier to document structural soundness.

(h) All wireless telecommunications facilities shall be provided with security measures, such as fencing, anti-climbing devices, electronic monitoring and other methods, sufficient to prevent unauthorized entry and vandalism. Fencing shall include a locking security gate. Electrified fence, barbed or razor wire shall be prohibited. Chain-link fencing shall include the use of screening slats of an earth-tone color.

(i) All electric power supply and telephone service lines to new wireless telecommunications tower facilities shall be installed underground from the existing power source.

(5) Existing vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible.

(6) Screening. Deciduous or evergreen tree plantings may be required to screen portions of the wireless telecommunications tower and accessory structures from nearby residential property or public property known to include important views or vistas. Where a site adjoins a residential property or public property including streets, screening suitable in type, size and quantity shall be required by the Planning Board.

(7) Access and parking.

(a) Adequate emergency and service access shall be provided and maintained. Any driveway shall meet the requirements of the Planning Board and the highway authority for the road on which the driveway fronts.

(b) Maximum use of existing roads, public and private, shall be made, consistent with safety and aesthetic considerations.

(c) Road construction shall minimize ground and vegetation disturbance. Road grades shall closely follow natural contours to reduce soil erosion potential and to ensure that roads are aesthetically compatible with the character of the surrounding area.

(d) Unpaved roads shall be considered unless conditions require paving, as determined by the Planning Board in consultation with the appropriate authorities or consultants.

(e) Sufficient parking shall be provided to assure adequate emergency and service access. The Planning Board shall determine the number of required spaces, but in no case shall fewer than two spaces be provided.

(8) Noise. The applicant shall demonstrate to the Planning Board that adequate measures have been taken to screen and abate site noises such as heating and ventilating units, air conditioner and emergency power generators. Wireless telecommunications facilities shall comply with all applicable sections of the Town Code as it pertains to noise control and abatement.

(9) Radio frequency radiation (RFR) standards. All equipment proposed for a wireless telecommunications facility shall be authorized per the FCC Guidelines. The owner of the facility shall submit evidence of compliance with the FCC Guidelines on a yearly basis to the Town Board. If new, more-restrictive standards are adopted by any appropriate federal or state agency, the facility shall be made to comply or continued operations may be restricted by the Town Board. The cost of verification of compliance shall be borne by the owner and operator of the facility.

(10) Environmental standards.

(a) Wireless telecommunications facilities shall not be located in wetlands or in regulated wetland adjacent areas, in endangered, threatened, or special concern species habitats, water bodies, historic, or archaeological sites.

(b) No hazardous waste shall be discharged on the site of any wireless telecommunications facility. If any hazardous materials are to be used on site, there shall be provisions for full containment of such materials. An enclosed containment area shall be provided with a sealed floor, designed to contain at least 110% of the volume of the hazardous materials stored or used on the site.

(c) Any increase in stormwater runoff generated by the use shall be contained on site.

(11) Review. The Planning Board may request a review of the application at the applicant's expense by a qualified professional engineer, radio frequency engineer, and/or consultant in order to evaluate the application. Fees for the review of the application by such engineer and/or consultant are in addition to the application fee and shall be the sole responsibility of the applicant.

(12) Bonding. Before obtaining or renewing a special use permit, the applicant shall provide financial surety in an amount acceptable to the Town Board (in consultation with the Planning Board and the Attorney for the Town) to ensure full and complete performance of all conditions imposed by the Planning Board as a requirement of the special use permit.

G. Modifications. A modification of a wireless telecommunications facility may be considered equivalent to an application for a new facility and will require a special use permit when the following events apply:

(1) The applicant intends to alter the terms of the special use permit by changing the number of facilities permitted on site or by changing the technology used for the facility.

(2) The applicant intends to add any equipment or additional height not specified in the original design filing.

H. Monitoring and maintenance. The applicant or owner of the subject premises shall maintain the wireless telecommunications facility in good condition, including, but not limited to, structural integrity of the mount and security barrier; painting; maintenance of stealth technology camouflaging; and maintenance of the buffer areas and landscaping in a healthy state or replaced as necessary to provide continuing camouflaging. Telecommunications facilities over 100 feet in height shall be inspected annually by a professional engineer, and a copy of the certified inspection report shall be submitted to the Town of Lloyd Building Inspector. Telecommunications facilities less than 100 feet in height shall be inspected every five years by a professional engineer, and a copy of the certified inspection report shall be submitted to the Town of Lloyd Building Inspector.

I. Removal of facilities.

(1) Wireless telecommunications facilities shall be removed by the applicant or owner of the subject premises when they are no longer used or needed for their original purpose or if a special use permit for the facility has expired or been terminated. Potential future use of any facility for commercial communications service is not sufficient to avoid the requirement for removal.

(2) If the removal of a wireless telecommunications facility is required, accessory buildings and other structures shall also be removed unless:

(a) The landowner wishes to retain these structures and communicates this in writing to the Planning Board; and

(b) The retention of these structures will comply with the Zoning Law; and

(c) The Planning Board agrees that removal of these structures is not required.

(3) All applications for approval of new wireless telecommunications towers shall be accompanied by a plan covering reclamation of the site after removal of the tower. Reclamation shall include landscaping, removal of structures, utility lines and accessory structures, and shall encompass the building site and buffer area controlled by the facility owner. No approvals shall be given under this section until all owners of the subject premises give the Town, in a form acceptable to the Town Attorney, a recordable instrument, running with the land, granting the Town the right to enter the premises to remove the tower or facilities in the event of the owner's failure to comply within three months with a lawful written directive to do so by the Code Enforcement Officer, and giving the Town the right, after fair notice and opportunity to be heard before the Town Board by the owner(s) of the premises, to charge the actual costs associated with the removal by adding that charge to and making it a part of the next annual real property assessment roll of the Town of Lloyd to be levied and collected in the same manner and at the same time as Town-assessed real property taxes. The giving of such an agreement to the Town shall not preclude the Town from pursuing the alternative enforcement actions of seeking an injunction from a court of competent jurisdiction to compel removal or seeking judgment to recover the costs, together with reasonable and necessary engineering and attorney's fees, of removal by the Town. The Town may secure removal of towers and facilities hereunder by requiring the applicant and/or the owner(s) of the premises to provide an undertaking and a continuing letter of credit covering the projected costs of removal.

J. Insurance. The applicant and the owner of the property where the wireless telecommunications facility is to be located shall provide the Town Building Department with proof of liability insurance in an amount not less than $3,000,000 to cover potential personal injury and property damage associated with construction and subsequent operation and maintenance, and the policies or insurance shall name the Town of Lloyd as an additional insured.

K. Term of special use permit.

(1) Special use permits issued under this section shall expire 10 years after approval unless reissued by the Planning Board prior to said expiration date.

(2) Upon initial issuance of a special use permit, the new facility shall be put into operation within two years of the Planning Board approval of the special use permit. If the facility is not in operation within this time frame, the special use permit shall expire.

(3) It shall be the responsibility of the holder of the special permit to inform the Town of Lloyd of any change in or termination of contractual agreements which affect the special use permit within 30 days of such change. Any material change in the conditions under which a special use permit was granted shall result in the immediate termination of the special use permit unless agreement has been obtained from the Planning Board prior to the change. These material changes include but are not limited to:

(a) Changes in supporting structures (such as towers), accessory buildings or access roads.

(b) A change in ownership of the facility or the property on which the facility is installed shall require notification to the Code Enforcement Officer by the holder of the special use permit but will not terminate such permit.

(c) Cessation of use by the FCC-licensed carrier which has a special use permit for use of the facility.

(d) A change in the FCC-licensed user of the specially permitted facility. Nothing herein shall prohibit another FCC-licensed carrier from using the facility so long as that carrier provides evidence of need to use that facility and acquires a special use permit under this chapter.

(e) Loss of the user's FCC license to provide commercial communications services within the Town of Lloyd.

(f) Violation of the Town of Lloyd Zoning Law, on or with regard to the facility by the holder(s) of the special use permit or the owner of the land on which the facility is installed.

§ 100-39.1 Solar energy facilities.

[Added 3-15-2017 by L.L. No. 1-2017]

A. Purpose. This Zoning for Solar Energy Law is adopted to make provision for the accommodation of solar energy systems and equipment and access to sunlight necessary therefor, so far as conditions may permit.

B. Definitions. As used in this chapter, the following terms shall have the meanings indicated:

BUILDING INTEGRATED PHOTOVOLTAIC SYSTEM

A combination of photovoltaic building components integrated into any building envelope system such as vertical facades including glass and other facade material, semitransparent skylight systems, roofing materials, and shading over windows.

GROUND-MOUNTED RESIDENTIAL SOLAR ENERGY SYSTEM

A solar energy system that is anchored to the ground and attached to a pole or other mounting system, detached from any other structure, for the primary purpose of producing electricity for onsite consumption in a single- or two-family building.

GROUND-MOUNTED NONRESIDENTIAL SOLAR ENERGY SYSTEM

A solar energy system that is anchored to the ground and attached to a pole or other mounting system, detached from any other structure, for the primary purpose of producing electricity for onsite consumption in any building other than a single- or two-family building.

PERSONAL SOLAR ENERGY SYSTEM

A solar energy system that is not permanently mounted, not connected to the power grid and less than 50 square feet in size. These installations are typically used to charge batteries. Incidental solar energy systems are not regulated in any manner.

LARGE-SCALE SOLAR ENERGY SYSTEM

A solar energy system that is ground-mounted and produces energy primarily for the purpose of offsite sale or consumption.

NET METERING

A solar energy system designed primarily to generate sufficient electricity to serve the property on which it is located.

ROOF-MOUNTED NON-RESIDENTIAL SOLAR ENERGY SYSTEM

A solar panel system located on the roof of any legally permitted building or structure other than a single- or two-family building, for the primary purpose of producing electricity for onsite consumption.

ROOF-MOUNTED RESIDENTIAL SOLAR ENERGY SYSTEM

A solar panel system located on the roof of any legally permitted single- or two-family residential building or structure, for the primary purpose of producing electricity for onsite consumption.

SOLAR ENERGY EQUIPMENT

Electrical energy storage devices, material, hardware, inverters, or other electrical equipment and conduit of photovoltaic devices associated with the production of electrical energy.

SOLAR ENERGY SYSTEM

An electrical generating system composed of a combination of both solar panels and solar energy equipment.

SOLAR PANEL

A photovoltaic device capable of collecting and converting solar energy into electrical energy.

C. Applicability. The requirements of this law shall apply to all solar energy systems installed or modified after its effective date, excluding general maintenance and repair, building-intergrated photovoltaic systems and those capable of generating 25 megawatts or more.

D. Solar as an accessory use or structure.

(1) (1) Roof-mounted solar energy systems.

(a) Roof-mounted solar energy systems that primarily use the electricity onsite are permitted as an accessory use on single- and two-family structures in any single- or two-family residential zoning district and on single- and two-family structures, barns and other farm buildings in any agricultural zoning district, when attached to any lawfully permitted building or structure, subject to issuance of a building permit by the Code Enforcement Officer. Such panels may not exceed a total 1,000 square feet in size. If both roof- and ground-mounted panels are used, the total size of the panels may not exceed 1,000 square feet in residential zoning districts and 2,000 square feet in agricultural zoning districts. The Code Enforcement Officer may consider reflectance issues and require mitigation (such as the use of "stippled" glass or other light-trapping designs) if the installation may have undue effects on neighboring dwellings. If the structure also has "hot water" solar panels, they shall be included in the 1,000 and 2,000 square foot limits. Approval of roof-mounted solar energy systems that exceed the square footage allowed is subject to issuance of a special use permit by the Planning Board.

(b) Roof-mounted solar energy systems that primarily use the electricity onsite are subject to site plan review and issuance of a special use permit in all other zoning districts when attached to any lawfully permitted building or structure.

(c) Height. Roof-mounted solar energy systems shall not exceed the maximum height restrictions of the zoning district within which they are located and are provided the same height exemptions granted to building-mounted mechanical devices or equipment.

(d) Aesthetics. Roof-mounted solar energy system installations shall incorporate, when feasible, the following design requirements:

[1] Panels must be mounted at the same angle as the roof's surface with a maximum distance of 18 inches between the roof and highest edge of the system. The Code Enforcement Officer may allow a small "tilt angle" if, in its judgement, circumstances warrant it. Compound tilt angles are not allowed.

(2) Ground-mounted solar energy systems.

(a) The primary concern with ground-mounted solar energy systems is the visual appearance from public roads and sidewalks and from adjacent properties. The Code Enforcement Officer may issue a building permit, without additional approvals, for any type other than large scale solar systems, if the ground-mounted solar energy system is situated so as to be largely invisible from public ways and adjacent properties. The masking of the system could be accomplished by the lay of the land, by existing buildings or structures, by sufficient vegetation or fencing to act as a buffer, by the orientation of the panels, by a combination of these factors, or by other means.

(b) Ground-mounted solar energy systems that use the electricity primarily onsite are permitted as accessory structures in all zoning districts. If they do not meet the requirements of Subsection D (2)(a) above, approval is subject to site plan review and issuance of a special use permit by the Planning Board. Ground-mounted solar energy systems are limited to a total of 400 square feet in size, including the structure holding the solar panels. Approval of ground-mounted solar energy systems that exceed 400 square feet is subject to issuance of a special use permit by the Planning Board.

(c) Height and setback. Ground-mounted solar energy systems shall not be higher than 12 feet above the ground and must conform to the setback requirements of the underlying zoning district.

(d) Lot coverage. Ground-mounted solar energy systems are limited to lot coverage requirements of the underlying zoning district. The surface area covered by ground-mounted solar panels shall be included in total lot coverage. Surface area coverage should be calculated to represent the actual area covered, taking into account the angle of placement, if any.

(e) All ground-mounted solar energy systems in residential districts shall be installed in the side or rear yards only unless they comply with the requirements of Subsection D (2)(a) above.

(3) Building integrated photovoltaic systems.

(a) Building integrated photovoltaic systems for new buildings are subject to approval in accordance with the requirements for new buildings in the underlying zoning district and with the requirements of the New York State Uniform Fire Prevention and Building Code.

E. Approval standards for large-scale solar energy systems as a special use.

(1) Large-scale solar energy systems are permitted through the issuance of a special use permit within agricultural, heavy industrial, light industrial, designed business and general business zoning districts, subject to the requirements set forth in this section, including site plan approval. Applications for the installation of a large-scale solar energy system shall be reviewed by the Code Enforcement Officer and referred, with comments, to the Planning Board for its review and action, which can include approval, approval on conditions, and denial.

[Amended 2-21-2018 by L.L. No. 3-2018]

(2) Special use permit application requirements. For a special permit application, the site plan application must be supplemented by the following provisions:

(a) If 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.

(b) Blueprints showing the layout of the solar energy system signed by a professional engineer or registered architect shall be required.

(c) The equipment specification sheets shall be documented and submitted for all photovoltaic panels, significant components, mounting systems, and inverters that are to be installed as part of the solar energy system.

(d) Property operation and maintenance plan. Such plan shall describe continuing maintenance of the solar energy system and property upkeep, such as mowing and trimming of vegetation.

(e) Decommissioning plan. To ensure the proper removal of large-scale solar energy systems, a decommissioning plan shall be submitted as part of the application. Compliance with this plan shall be made a condition of the issuance of a special use permit under this section. The decommissioning plan must specify that after the large-scale solar energy system can no longer be used, it shall be removed by the applicant or any subsequent owner. The plan shall demonstrate how the removal of all infrastructure and the remediation of soil and vegetation shall be conducted to return the parcel to its original state prior to construction. The plan shall also include an expected timeline for execution. A cost estimate detailing the projected cost of executing the decommissioning plan shall be prepared by a professional engineer or contractor. Cost estimations shall take into account inflation. Removal of large-scale solar energy systems must be completed in accordance with the decommissioning plan. 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.

(3) Special use permit standards.

(a) Height and setback. Large-scale solar energy systems shall adhere to the height and setback requirements of the underlying zoning district.

(b) Lot size. Large-scale energy systems shall be located on lots with a minimum lot size of 10 acres.

(c) Lot coverage. A large-scale solar energy system that is ground-mounted shall not exceed the lot coverage allowed by the underlying zoning district of the lot on which it is installed. The surface area covered by solar panels shall be included in total lot coverage.

(d) The electrical and control equipment of all large-scale solar energy systems shall be enclosed by six-foot-high fencing to prevent unauthorized access. Warning signs with the owner's contact information shall be placed on the entrance and perimeter of the fencing. The type of fencing shall be determined by the Planning Board. The fencing and the entire system of arrays and secondary equipment shall be situated and screened so as not to be visible from streets, public ways, and all neighboring properties, to the greatest extent practicable.

[Amended 2-21-2018 by L.L. No. 3-2018]

(e) Any application under the section shall meet all substantive provisions contained in local site plan requirements in the Town of Lloyd zoning code that, in the judgment of the Planning Board, are applicable to the system being proposed. If none of the site plan requirements are applicable, the Planning Board may waive the requirement for site plan review.

[Amended 2-21-2018 by L.L. No. 3-2018]

(f) The Planning Board shall require an applicant to prepare a visual impact analysis as part of the submittal requirements for large-scale solar energy systems.

[Added 2-21-2018 by L.L. No. 3-2018]

(g) The Planning Board may impose conditions on its approval of any special use permit under this section in order to enforce the standards referred to in this section or in order to discharge its obligations under the State Environmental Quality Review Act (SEQRA).

[Amended 2-21-2018 by L.L. No. 3-2018]

(h) The applicant shall, to the greatest extent practicable, avoid construction on areas of prime farmland as designated by the U.S. Department of Agriculture.

[Added 2-21-2018 by L.L. No. 3-2018]

F. Abandonment and decommissioning. Solar energy systems of any type other than roof-mounted residential are considered abandoned after 18 months without electrical energy generation and must be removed from the property; provided, however, that the Planning Board has the discretion to grant an extension of this limitation, or in the case of such a system approved solely by the Code Enforcement Officer, the Code Enforcement Officer has the discretion.

G. Enforcement. Any violation of this Solar Energy Law shall be subject to the same civil and criminal penalties provided for in the zoning regulations of the Town of Lloyd.

H. Severability. The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision or phrase of the aforementioned sections as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision or phrase, which shall remain in full force and effect.