Special permit uses in Article VII have permit renewal terms of two, three or five years. Permit renewals shall be issued by the Zoning Enforcement Officer, provided the use continues to comply with all conditions of the original permit. However, the Planning Board may reevaluate and/or revoke any special permit prior to its renewal date if flagrant and/or persistent violations of the special permit conditions are identified and confirmed by the Zoning Enforcement Officer.
An application for the establishment, construction, enlargement or alteration of an airport shall include, in addition to requirements for special use permits outlined in Article IX, the following statements and information:
A.
Name and address of the proponent.
B.
Classification of the proposed airport, such as commercial, noncommercial,
or restricted.
C.
Number of aircraft expected to be based at the airport initially
and within five years.
D.
Type of aircraft expected to be based at the airport initially and
within five years.
E.
Whether an instrument approach procedure will be offered.
F.
Statement as to the anticipated number of daily operations.
G.
Copy of the airspace clearance granted by the Federal Aviation Administration
for this airport, including USGS topographic map.
H.
A copy of the New York State Commissioner of Transportation's
determination that the airport is in compliance with the provisions
of § 249 of the New York State Business Law.
I.
A site plan of the airport which includes the following in addition to the requirements listed in Article X:
(1)
Scale no smaller than one inch equals 100 feet.
(2)
Location of all existing and proposed structures.
(3)
Alignment of existing and/or proposed runways shown in their exact
location.
(4)
Location of aircraft parking and tie-down areas.
(5)
Provision for vehicular access and off-street parking.
(6)
Location and method of all fuel storage facilities.
K.
The special permit term for public airports shall be five years.
L.
The Planning Board may, in its discretion, exclude from the requirements of Subsection I above, any private airport established, constructed or maintained by an individual on his own property for his personal or hobby use; provided, however, that the following conditions are met:
(1)
The average number of hours that the airport is in use each week
does not exceed 12 hours.
(2)
The individual owns no more than three planes, none of which is designed
to accommodate more than six persons, including the pilot.
(3)
The Planning Board may in its discretion require the applicant to
submit proof that the requirements of § 249 of the General
Business Law are otherwise complied with, depending on the proposed
airports proximity to highways and other airports.
(4)
The special permit term for a private airport shall be five years.
Camping grounds shall be occupied only by travel trailers, pickup
coaches, motor homes, camping trailers, recreational vehicles, and
tents suitable for temporary habitation and used for travel, vacation
and recreation purposes. The removal of wheels and placement of a
unit on a foundation in a camping ground is prohibited.
A.
Minimum lot size: 10 acres.
B.
Not more than 10 travel trailers, campers, tents, recreational vehicles
or motor homes shall be permitted per acre of gross campground area.
C.
A camping ground shall be so located that no entrance or exit from
an individual campsite shall discharge traffic into any residential
area. A camping ground shall have a minimum of 150 feet of frontage
on a public street.
D.
Conditions of soil, groundwater level, drainage and topography shall
not create hazards to the property or the health or safety of the
occupants. The site shall not be exposed to objectionable smoke, noise,
odors, or to other adverse influences, and no portion of the camping
grounds subject to flooding, subsidence or erosion shall be used for
any purpose which would expose persons or property to hazards.
E.
Management headquarters, recreational facilities, toilets, dumping
stations, showers, coin-operated laundries, and other uses and structures
customarily incidental to the operation of camping grounds are permitted
as accessory uses to the camping grounds. In addition, retail stores
and other convenience establishments shall be permitted as accessory
uses in camping grounds in such districts where such uses are not
allowed as principal uses, subject to the following restrictions:
(1)
Such establishments and the parking areas primarily related to their
operations shall not occupy more than 5% of the gross area of the
camping ground. Such establishments shall be restricted in their use
to occupants of the camping ground.
(2)
Such establishments shall present no visible evidence from any street
outside the camping ground of their commercial character which would
attract customers other than occupants of the camping ground.
(3)
The structures housing such facilities shall not be directly accessible
from any public street, and shall be only be accessible from a street
within the camping ground.
F.
Plans for sewage disposal and water supply shall be designed in accordance
with standards promulgated by the New York State Department of Health
and/or Environmental Conservation, and shall receive approval from
said agencies.
G.
Streets in camping grounds shall be private, but shall be constructed
with a stabilized travel way and shall meet the following minimum
stabilized travel way width requirement:
H.
Each travel-trailer site shall be at least 2,500 square feet in area,
and shall have a minimum width of 40 feet.
I.
A minimum of 8% of the gross area for the camping ground shall be
set aside and developed as common use areas for open or enclosed recreation
facilities. No travel trailer, storage area, or utility site shall
be counted as meeting recreational purposes.
J.
Entrances and exits to camping grounds shall be designed for safe
and convenient movement of traffic into and out of the camping ground
and to minimize friction with movement of traffic on adjacent streets.
All traffic into or out of the camping ground shall be through such
entrances and exits. An adequate lighting system shall be provided
for the camping ground.
K.
All utilities shall be underground.
L.
Not less than one covered 20 gallon garbage receptacle shall be provided
for each camp site. Garbage and rubbish shall be collected and disposed
of as often as may be necessary to insure sanitary conditions.
M.
All applicable sanitation standards promulgated by the State of New
York, County of Orleans, or Town of Kendall shall be met.
N.
Setbacks. Each building or structure within a camping ground shall
comply with the setback regulations applicable to the zoning district
in which such camping ground is located, except that travel trailers,
campers, tents, motor homes, and the motor vehicles propelling or
carrying the same may be located not closer than 15 feet of any side
or rear lot line nor closer than 60 feet to any front lot line.
O.
The special permit term for this use shall be five years.
B.
Landscaping areas or screening adequate to protect adjacent properties
and land uses shall be provided on all side and rear lot lines.
C.
Minimum parking shall be one per employee and one per each three
members.
D.
Entrances and exit points shall be from major or secondary roads.
E.
The special permit term for this use shall be three years.
[Amended 9-17-2013 by L.L. No. 1-2013]
A.
A commercial day-care center shall be subjected to site plan review per Article X of the Town of Kendall Zoning Ordinance and shall in addition require engineered plans and drawings and instrument survey maps, signed and stamped by a New York State licensed professional.
B.
A commercial day-care center must have an active outdoor play area
of 100 square feet per child.
C.
Outdoor play areas must be appropriately fenced in or otherwise protected
from roads or nearby properties.
D.
No outdoor play equipment may be placed within 10 feet of any property
line, fence or structure.
E.
Minimum parking shall be one space per staff member, plus one space
per each two enrolled clients. Registered commercial day-care centers
must provide handicap parking as required by New York State building
codes.
F.
Commercial day-care centers shall comply with all New York State
building codes, Health Department codes, the requirements of the New
York State Office of Children and Family Services and any other applicable
federal, state or local rules and regulations. Code enforcement shall
be the responsibility of the Town of Kendall.
G.
The owner and/or provider of a commercial day-care center shall provide
a copy of his license or registration certificate from the New York
Office of Children and Family Services, along with a copy of his liability
insurance certificate to the Town of Kendall Planning Board before
a special use permit will be issued.
H.
The special use permit term for this use shall be three years.
A.
The following information shall be submitted as part of the application
for site plan approval and for a special use permit for a drive-in
business, in addition to that information required in other sections
of this chapter.
B.
All drive-in businesses shall be a minimum of 200 feet from other
such businesses, which distances shall be computed as follows:
(1)
For such businesses on the same side of the street, 200 feet measured
diagonally between the two closest property lines.
(2)
For such businesses on opposite sides of the street, 200 feet measured
diagonally between the two closest property corners.
(3)
For four-corner intersections, one such business may be located on
diagonally opposite corner exclusive of the two-hundred-foot distance
requirement.
C.
All drive-in businesses shall provide suitable storage of trash in
areas which are so designated and constructed as to allow no view
of the trash storage from the street, to prevent wastepaper from blowing
around the site or onto adjacent properties or public right-of-way,
and to permit safe, easy removal of trash by truck or hand.
D.
The minimum distance of any driveway to property line shall be 15
feet.
E.
The minimum distance between driveways on the site shall be 65 feet
measured from the two closest driveway curbs.
G.
Drive-in businesses adjacent to or integrated in a shopping center
or cluster of commercial facilities shall use the common access with
other business establishments in that center.
H.
Exterior lighting proposed for the site shall be planned, erected
and maintained so it will not cast direct light or glare upon adjacent
properties or public right-of-way. The light source shall not be higher
than 20 feet.
I.
Landscaping and fencing shall be provided in accordance with § 265-36 to minimize visual impacts and minimize conflicts with adjacent land uses.
J.
Water supply and sewage disposal systems shall be reviewed by the
Orleans County Health Department.
K.
The special permit term for this use shall be five years.
B.
The Planning Board shall determine the following prior to approving
a special permit:
(1)
The proposed installation in a specific location is necessary and
convenient for the efficiency of the essential services and public
utilities or the satisfactory and convenient provision of service
to the area in which the particular use is located.[2]
(2)
The design of any building in connection with such facility shall
conform to the general character of the area and will not adversely
affect the safe and comfortable enjoyment of property rights in the
district in which it is to be located.
(3)
Adequate landscaping will be provided to create a visual and sound
buffer between such facilities and adjacent property.
(4)
All new and replacement electric distribution, telephone, cable TV
and other lines shall be placed underground.
(5)
All services connections from distribution lines to consumers shall
be placed underground.
(6)
All points of necessary access, or transformers, shall be placed
in secure structures at ground level.
(7)
All major electrical transformer facilities or substations, if above
ground, shall be secured by an outer and inner fence, each 10 feet
from each other at any point; also no transformer or associated switches
shall be closer than 100 feet from any lot line.
C.
The special permit term for this use shall be three years.
A.
The applicant shall furnish evidence of a valid permit from the New
York State Department of Environmental Conservation pursuant to Title
27, Article 23, of the Environmental Conservation Law, when applicable.
B.
Minimum lot area: 10 acres.
C.
All buildings and excavation operations shall be located or shall
occur not less than 100 feet from any street or property line.
D.
All equipment used for excavations and processing shall be constructed,
maintained, and operated in such a manner as to eliminate, as far
as is practical, noises and vibrations and dust conditions which are
injurious or a nuisance to persons living in the vicinity.
E.
All operations shall be conducted between the hours of 7:00 a.m.
and 6:00 p.m. with no Sunday or legal holiday operations, and except
in the case of a public or private emergency or whenever any reasonable
or necessary repairs to equipment are required to be made.
F.
All land which has been excavated must be rehabilitated in accordance
with reclamation plans approved by the Planning Board as part of the
site development plan review and approval process within one year
after the termination of operations, at the expense of the operator.
G.
A performance bond or some other financial guarantee shall be required
to assure that the conditions stipulated in the approval of the special
use permit are carried out.
H.
The Planning Board shall consider the following criteria in their
review of the special use permit request:
(1)
The current use of the property proposed to be excavated as well
as the proposed use of the area subsequent to completion of the excavation
and restoration thereof.
(2)
The potential short-term and long-term effects of the proposal on
the aesthetics and environment of the area or of surrounding areas.
(3)
The potential effect that the proposed action will have on agricultural
productivity in the area and its effect on future development in the
area.
(4)
The amount of time, as estimated by the applicant, that will be required
for the completion of the proposed excavation and the restoration
of the property.
(5)
Noise and/or vibrations that may be created by the proposed operation.
(6)
Additional traffic that may be created by the proposed operation.
Deleterious effects, if any, on the property in the general area of
the proposed operation.
I.
The special permit term for this use shall be two years.
J.
No persons, firm or corporation shall strip, excavate, or otherwise
remove topsoil for sale or other use other than on the premises from
which taken, except in connection with the construction or alteration
of a building on such premises and excavation or grading incidental
thereto. Any area of land consisting of more than one acre from which
topsoil has been removed or covered over by fill shall be seeded to
provide an effective cover crop within the first growing season following
the start of said operation.
A.
The special permit term for this use shall be three years.
B.
The minimum lot size for a farm labor camp shall be 20,000 square
feet for the first four camp occupants, with additional area of land
provided for each additional occupant inhabiting the camp thereafter
as required by county, state, and federal laws and codes.
C.
Farm labor camps shall comply with the setback regulations applicable
to the zoning district in which they are located.
D.
Labor camps may only operate during the growing and harvesting season
(May to November) except when extraordinary circumstances are shown.
E.
The Zoning Enforcement Officer may inspect the camp at any time on
one day's notice to assure the provisions of this chapter are
being complied with.
F.
The labor camp and camp buildings must continually comply with all
applicable local, state and federal ordinances, rules and regulations.
[Added 9-17-2013 by L.L. No. 1-2013]
A.
Farm labor housing located within the Town of Kendall lying within the boundaries of an Orleans County-adopted, New York State-certified agricultural district shall be subjected only to a site plan review and approval by the Planning Board, a public hearing and a permit issued by the Zoning (Code) Enforcement Officer per Article III of the Town of Kendall Zoning Ordinance.
B.
The maximum gross density of the farm labor housing shall not exceed
six dwelling units or single-wide trailers per acre. All occupational
density standards shall comply with Orleans County Health Department
rules and regulations.
C.
All farm labor housing must continually comply with all applicable
local, state and federal building codes, rules and regulations, including
Health Department, Agriculture and Markets, H2A requirements, property
maintenance codes and standards. All manufactured homes used for farm
labor housing shall be in compliance with applicable HUD construction
and safety standards in effect at the time of manufacture or shall
be inspected and approved by the Code Enforcement Officer to ensure
that the premises are structurally sound and meet required building
codes.
D.
All farm labor housing shall be connected to:
(1)
Either a public water supply system or a private well water
system inspected and approved by the Orleans County Health Department.
(2)
Either a public sanitary sewage disposal system or private septic
system inspected and approved by the Orleans County Health Department.
(3)
The minimum front setback from any public street shall be 90
feet. Side and rear setback shall be a minimum of 30 feet.
A.
No more than two persons other than a member of the immediate family
occupying such dwelling shall be employed.
B.
There shall be no outdoor storage or display of materials, goods,
supplies, or equipment related to the operation of the home business.
C.
The use shall not generate vehicular traffic in greater volumes than
that normal to the zoning district in which the use is located. Minimum
parking shall be one space per employee, plus one space for every
300 square feet of gross floor area committed to the business.
D.
In no way shall the appearance of the structure be altered or the
business be conducted in a manner which would cause the premises to
differ from its residential character either by the use of colors,
materials, construction, lighting, signs or the emission of sounds,
noise, or vibrations.
E.
The use shall not generate noise, vibration, glare, fumes, odors,
or electrical interference beyond what normally occurs in the applicable
zoning district.
F.
One sign shall be allowed not to exceed four square feet in area
per side with a maximum of two printed sides.
G.
No more than 40% of the gross floor area of a dwelling shall be used
for the conduct of a home business. The total gross floor area of
a detached accessory structure shall be permitted for use of a home
business provided that no part of the business is conducted within
the principal structure.
H.
No more than one commercial vehicle type shall be used in connection
with the home business.
I.
No home business shall be permitted where access is provided only
by a shared private road.
J.
There shall be no use of utilities or community facilities beyond
that normal to the use of the property for residential purposes.
K.
Motor vehicle repair shops shall not be deemed a home business.
L.
A physician or dentist may use a residential structure owned by such
practitioner for a professional office, even if he does not reside
in such structure, subject to the following:
M.
The special permit term for this use shall be five years.
B.
Restaurants, cafeterias, swimming pools, newsstands, pharmacies,
barber shops, hairdressers, gift shops, and other personal service
shops for the convenience of guests may be permitted as accessory
uses. With the exception of an identifying sign for the restaurant,
no external evidence of their internal commercial activities is permitted.
D.
No driveway shall be located less than 50 feet from an intersection,
and the use of common access with other similar uses is encouraged.
E.
No driveway shall be less than 20 feet from a property line.
F.
The minimum distance between driveways on the site shall be 70 feet,
measured in a straight line between the two closest curbs.
G.
No driveway shall be less than 20 feet in width.
H.
All hotels and motels shall provide a commercial-type refuse container
on site. Such containers shall be placed on a concrete or stone pad,
visually screened from view, and shall provide adequate rodent control
measures.[2]
I.
No exterior light source shall be erected in excess of 50 feet above
the ground, and shall be placed so as to not cast direct light or
glare on adjacent properties.
J.
Landscaping and/or fencing shall be provided to minimize visual conflicts with adjacent land uses. All fencing shall comply with § 265-36.
L.
Water supply and sewage disposal systems shall be reviewed and approved
by the Orleans County Health Department.
M.
The special permit term for this use shall be five years.
The, provisions of the State Junkyard Law (General Municipal
Law § 136, as amended) are hereby adopted by reference and
shall apply to all junkyards as defined in this chapter. The expansion
or alteration of existing junkyards shall also be governed by the
provisions of this section.
B.
A junkyard shall be completely surrounded with a fence (or screen)
at least eight feet in height which completely screens the junkyard
from public view and with a suitable gate which shall be closed and
locked except during the working hours of such junkyard or when the
applicant or his agent shall be within. Such fence shall be erected
no nearer than the required setbacks.
C.
All junk stored or deposited by the operator shall be kept within
the enclosure of the junkyard except as removal shall be necessary
for the transportation of same in the reasonable course of business.
D.
The special permit term for this use shall be two years.
B.
Adequate landscaping of fencing shall be provided to create a visual,
sound and smell buffer between such facilities and adjacent properties.
C.
All buildings, structures or other accessory uses shall be at least
75 feet from any property line.
D.
All animals shall be kept within a totally enclosed building between
8:00 p.m. and 6:00 a.m.
E.
Lot coverage shall not exceed 50%.
F.
Entrance and exit points shall be from major or secondary roads only.
G.
One parking space shall be provided for each employee and one space
for every three kennel runs at all kennels and animal hospitals.
H.
The special permit term for this use shall be three years.
A.
The special permit term for this use shall be five years.
B.
The minimum site area of proposed mobile/manufactured home parks
shall not be less than 20 acres.
C.
Individual mobile/manufactured home lots shall have an area of not
less than 10,000 square feet. Each individual lot shall front on an
interior park roadway and have a minimum width of 75 feet.
E.
The minimum setbacks of every mobile/manufactured home, building
or other structure in a park from the nearest public street line shall
be 70 feet, and from every other lot line of the park shall be 40
feet.
F.
Not more than one mobile/manufactured home shall be located on any
one individual lot. Every mobile/manufactured home within a park shall
be located on a mobile/manufactured home lot shown on the approved
site plan for said park.
G.
At least one framed service building shall be constructed in each
mobile/manufactured home park which shall be adequate to provide for
storage of all equipment, tools, and materials necessary for the maintenance
of the park, and all such equipment, tools, material shall be stored
within said building when they are not in use.
H.
Each individual lot must have not less than two off-street parking
spaces. Such parking spaces shall be connected to the entrance of
the mobile/manufactured home by a paved sidewalk having a minimum
width of 36 inches.
I.
No boats, campers, travel trailers, recreational vehicles, or unregistered
and unlicensed motor vehicles shall be parked or stored at any place
within a mobile/manufactured home park except in areas designated
and approved for such storage as part of the site plan approval.
J.
Every travel lane and parking lane within a mobile/manufactured home
park shall have a minimum pavement width of 12 feet and each roadway
shall have a minimum right-of-way width of 50 feet. If culs-de-sac
exist, they shall have a minimum diameter of 80 feet.
K.
A complete water distribution system approved by the Orleans County
Health Department and other appropriate agencies, including a water-service
pipe for each mobile/manufactured home lot and appropriately spaced
fire hydrants shall be installed.
L.
A public sanitary sewage disposal system approved by the Orleans
County Health Department and other appropriate agencies shall be installed,
including a sewer connection for each mobile/manufactured home lot.
M.
All public utility, electric, gas, cable television and telephone
lines shall be installed underground.
N.
Appropriate streetlighting shall be installed on interior roadways
with the minimum number of lights being on at each intersection of
interior roadways or with abutting public road, and at least every
200 feet where such intersections are more than 200 feet apart.
O.
Pedestrian walkways shall be provided along at least one side of
all interior streets and shall be five feet in width.
P.
A landscape plan shall be prepared and carried out which will assure
the Planning Board that an appropriate planting of trees and shrubs
will be included in the park design, including screening where necessary.
Q.
No mobile/manufactured home shall be located on a mobile/manufactured
home lot until the roadways, sanitary sewage disposal system, water
supply system, storm drainage system, streetlighting, landscaping,
recreation areas, framed service buildings, and accessory vehicular
storage buildings serving the mobile/manufactured home park have been
installed in accordance with the approved site plan for the park.
R.
Each roadway shall be named and noted upon signs at each roadway
intersection. Each mobile/manufactured home lot shall be assigned
a permanent number which shall be noted on the mobile/manufactured
home lot in a location clearly visible from the roadway.
S.
All fuel tanks used for heating within a mobile/manufactured home
park, including all fuel tanks used for heating within individual
homes, shall be installed underground in accordance with NFPA standards.
T.
Every mobile/manufactured home park shall have a recreational area
or open space area for use by the occupants of the park. Such areas
shall be as centrally located as the topography and design of the
park permit. Such areas shall be not less than one acre for the first
20 mobile home lots, with an additional 1,000 square feet provided
for each additional mobile home lot established thereafter.
U.
The park owner/operator shall provide for the regular collection
and disposal of garbage, trash, and rubbish for all residents of the
park.
V.
No more than one accessory building shall be permitted on any individual
mobile/manufactured home lot.
W.
Each mobile/manufactured home shall be enclosed at the bottom with
a fire-resistant skirt or enclosure within 30 days after the placement
of the home on the lot.
X.
No enclosure or addition, with the exception of carports, door porches,
and patios, shall be constructed on, added to, or attached to the
exterior of any mobile/manufactured home.
Y.
No mobile/manufactured home shall be offered for sale, displayed
for sale, or sold within a park unless such mobile/manufactured home
is located on an individual mobile/manufactured home lot and is connected
to electric, sewer and water services.
Z.
Every roadway within a mobile/manufactured home park shall be maintained
in good repair and shall be open at all times reasonably possible
for travel by occupants of the park and necessary fire, police, ambulance,
public utility maintenance and fuel supply vehicles. The park owner/operator
shall be responsible for providing and paying the cost of such maintenance
and for all necessary snow removal.
AA.
Sale of lots. Any sale of a mobile/manufactured home lot or lots,
or a portion of a mobile/manufactured home park, other than the entire
mobile/manufactured home park, as shown on the plan of such park approved
by the Town, shall thereupon immediately invalidate the special permit
for such park approved by the Planning Board. Any use of any of the
premises within the mobile/manufactured home park other than as a
mobile/manufactured home park shall thereupon immediately invalidate
the special permit of such park approved by the Planning Board.
BB.
Home occupations. Home occupations shall not be permitted in any
individual mobile/manufactured home located within a park.
A.
The maximum gross density shall not exceed eight units per acre.
B.
Minimum habitable floor area requirements:
(1)
Townhouse units with two bedrooms or less: 850 square feet.
(2)
Townhouse units with three bedrooms or more: 1,000 square feet.
(3)
Efficiency apartment unit: 550 square feet.
(4)
Apartment unit with one bedroom: 675 square feet.
(5)
Apartment unit with two bedrooms: 800 square feet.
(6)
Apartment unit with three bedrooms: 950 square feet.
(7)
No more than 20% of the total units within a multiple-family development
shall be three or more bedroom units.
D.
All stairways to the second floor or higher shall be located inside
the building.
E.
Access to public road.
(1)
All multiple-family dwelling developments must have direct access
to public roads.
(2)
If there are more than 12 dwelling units in a multiple-family development,
direct access must be provided to a public road by a private driveway
or a road dedicated to the Town by the developer.
(3)
If there are more than 50 dwelling units in a multiple-family development,
or if in the opinion of the Planning Board the location or topography
of the site indicate the need for additional access, the Planning
Board may require such additional access as a condition of site plan
approval.
F.
Off-street parking shall be provided in the amount of two spaces
for each unit.
G.
The aggregate of lot coverage of multiple-family dwelling development
shall not exceed 30% of the total lot area.
H.
Plans submitted for site plan approval shall include: sewage disposal,
water supply, storm drainage, landscaping, and lighting.
I.
The special permit term for this use shall be three years.
B.
Entrance and exit driveways shall have an unrestricted width of not
less than 25 feet and not more than 30 feet, and shall be located
not nearer than 10 feet from any property line, and shall be designed
as to avoid the necessity of any vehicle backing out into any public
right-of-way.
C.
No more than 10 licensed motor vehicles being serviced or repaired
shall be stored or parked outdoors for more than 48 hours, and these
shall be in areas effectively screened from all property lines. All
such vehicles shall be stored in a neat, orderly manner.
D.
No such establishment shall be located within a distance of 200 feet
of a residence, cemetery, school, church, hospital, nursing home,
senior citizen housing or other place of public assembly designed
for occupancy by more than 50% or within 500 feet of another motor
vehicle repair shop or gasoline station on the same side of the street.
Said distance shall be measured in a straight line between the nearest
points of each of the lots or premises.
E.
A buffer strip shall be established, as determined by site plan review, along a side or rear property line facing any of the uses listed in Subsection D above.
F.
The entire area of the site traveled by motor vehicles shall be hard
surfaced.
G.
All repairs of motor vehicles shall be performed in a fully enclosed
building and no more than two motor vehicles shall be offered for
sale on the premises at any one time.
H.
All motor vehicle parts or partially dismantled motor vehicle shall
be stored inside an enclosed building.
I.
The special permit term for this use shall be two years.
B.
Landscaped areas at least 10 feet in width or other suitable screening
shall be provided for the entire length of any lot line adjacent to
any residence or adjacent street.
C.
No structure of use shall be located within 15 feet of any adjacent
property line.
D.
Entrance and exit points shall be from major or secondary roads.
E.
Parking areas shall not be within 10 feet of any property line.
F.
The special permit term for this use shall be three years.
B.
Entrance and exit driveways shall have an unrestrictive width of
not less than 25 feet and not more than 30 feet, and shall be located
not nearer than 15 feet from any property line, and shall be designed
to avoid the necessity of any vehicle backing out into any public
right-of-way.
C.
Entrance and exit point shall be from a major or secondary road.
D.
All buildings shall be set back from the major or secondary street
line a distance of not less than 30 feet.
E.
Fuel pumps shall be located not less than 50 feet from the street
line and not less than 30 feet from all other property lines.
F.
No such establishment shall be located within a distance of 200 feet
of a school, church, hospital, nursing home, senior citizen housing
or other place of public assembly designed for occupancy by more than
50 persons, or within 500 feet of another fuel station or repair garage
on the same side of a street. Said distance shall be measured in a
straight line between the nearest points of each of the lots or premises.
G.
Landscaped areas of at least 10 feet in width shall be provided along
property lines to lessen any visual unattractiveness.
H.
The entire area of the site traveled by motor vehicles shall be hard
surfaced.
I.
Any repair of motor vehicles shall be performed in a fully enclosed
building and no more than two motor vehicles shall be offered for
sale on site at any one time. No motor vehicles parts, or partially
dismantled motor vehicle shall be stored outside of an enclosed building.
J.
The special permit term for this use shall be two years.
A.
Charter fleet shall not exceed two boats.
B.
Adequate parking for the proposed operations shall be made in accordance
with the terms and conditions of this chapter.
C.
All other legal requirements for the operation of charter boat service
shall be maintained.
D.
The special permit term for this use shall be five years.
A.
Stock animals are permitted in those districts specified in Article V of this chapter, and shall require a minimum of one acre of yard for each animal unit kept. "Animal units" are defined as follows: one horse or one cow per animal unit; two goats or two pigs per animal unit; 50 rabbits or 50 fowl per animal unit. Other provisions include:
B.
The special permit term for this use shall be five years.
A.
In order to obtain a special permit the following conditions will
be required:
(1)
Liquid waste (fish washdown) disposal must be done by means of a
permanent or temporary holding tank system. Introduction of fish wastes
into a conventional septic tank system is prohibited as the high degree
of organic solids would overload the system and cause premature failure
of the system. All holding tanks must be equipped with a buzzer/alarm
which indicates when the tank is 2/3 full or stick measurements made
daily to determine remaining capacity. All tanks must be pumped out
by a registered septic tank hauler, receipts kept on file, and a log
of pumpout dates submitted annually to the Town Clerk and made available
upon request for inspection to verify pumpout frequency.
(2)
Gurry waste (a mixture of fish washdown and ground-up fish solids)
disposal must also be done by means of a holding tank system. Disposal
of gurry waste shall only be performed by a registered septic tank
hauler with the appropriate permits to transport and dispose of the
waste either at a community sewage treatment plant or by land spreading.
(3)
Solid wastes (fish guts and carcass) disposal must be a part of the
fish cleaning station. It is neither desirable nor practical to expect
fisherman to search out an approved disposal site for the disposal
of solid fish wastes. Garbage cans with tight-fitting covers are acceptable
if proof is submitted that the pickup of the wastes will be frequent
enough to prevent odor problems. Commercial deodorizers shall be required
if the frequency of disposal is not sufficient to eliminate odor problems.
Dumpsters are permitted to be used if proof is submitted that they
are to be emptied a minimum of two times per week. Commercial deodorizers
shall be used in all dumpsters regardless of the frequency of disposal.
(4)
Solids handling, disposal, and storage shall be located in an area
as far removed from residential developments as possible, with the
minimum distance from any property line being 50 feet.
B.
The special permit term for this use shall be three years.
A.
A maximum total of eight guests shall be allowed to occupy a bed-and-breakfast
establishment on an overnight basis.
B.
A maximum of two adult guests and accompanying minor children shall
be allowed to occupy each rentable unit in a bed-and-breakfast establishment.
C.
The principal dwelling shall be owner-occupied.
D.
The dwelling shall not be altered in a manner which would cause the
premises to differ from its residential character, nor shall any extensions
or additions to the dwelling be made for the purpose of renting such
space for overnight accommodations.
E.
The use of out buildings detached from the principal dwelling shall
not be used for the purpose of a bed-and-breakfast establishment.
F.
A minimum of one off-street parking space shall be provided for each
rentable unit. No such parking space shall be located in the front
yard area and each space shall not be less than 10 feet by 20 feet.
G.
The dwelling may display a sign not to exceed two feet by two feet
in size.
H.
No bed-and-breakfast establishment shall be permitted where access
is provided by a shared driveway.
I.
No bed-and-breakfast establishment shall be permitted in an individual
mobile home or mobile home park.
J.
Each rentable unit in a bed-and-breakfast establishment shall maintain
a working smoke detector.
K.
Such uses shall comply in full with the Orleans County Sanitary Code
and the New York State Uniform Fire Prevention and Building Code.
L.
The special permit term for this use shall be three years.
B.
Entrance and exit driveways shall have a minimum width of 25 feet
and shall be not less than 20 feet from any side property line.
C.
Not more than 25 automobiles shall be offered for sale or rent on
any lot at any one time, and all automobiles shall be displayed in
a neat and orderly manner.
D.
All automobiles shall be in proper working order at all times and
shall bear a New York State Department of Motor Vehicle Registration.
E.
The entire surface of the site to be traveled by motor vehicles shall
be hard surfaced.
F.
No vehicles shall be displayed for sale or rent within 25 feet of
any property line.
G.
No retail sale of fuels shall occur on the site at any time.
I.
No exterior light source shall be erected in excess of 50 feet above
the ground surface and all lighting shall be placed to eliminate the
casting of direct light or glare upon adjacent properties.
J.
Repair of motor vehicles on site is prohibited unless the provisions found in § 265-63 of this chapter are complied with in full.
K.
The special permit term for this use shall be three years.
The Town of Kendall (TOK) will authorize the maximum of four
meteorological test towers (met tower) special use permits for this
purpose.
A.
Purpose. This supplemental regulation is to protect the interests
of residents within the TOK by zoning laws controlling the location,
Open Space Policy of the TOK Master Plan, engineering standards, restoration
of permitted sites, roads and environment consistent with State of
New York and federal statutes. Furthermore, these regulations are
intended to protect health, safety, general welfare and visual aspects
presented by the erection of met towers. Met towers are to be used
only for the collection of anemometer information necessary within
the development of CWECS design and location thereof. Met towers shall
be only permitted within the Residential/Agricultural Zones (R/A)
(Map 1 of 2, Town of Kendall, 8-5-1996, as amended).
B.
General requirements. A special use permit is required as defined in Article IX of this chapter. A special use permit may be granted for a period of two years. Once permit is granted, should nonperformance by the applicant for a period of 12 months occur, a revocation will be made by the TOK Code Enforcement Officer (CEO) and reapplication will become necessary to proceed. Should applicant demonstrate necessity supporting extension of this permit and proper written presentation to CEO, reviewed by the TOK Planning Board, an additional year may be granted.
(1)
Procedure. All applicants shall request in writing an informal consultation
with the TOK CEO and Planning Board to assess, verify and direct applicant
of special use permit procedures.
(2)
Application.
(a)
Shall comply with the this chapter or as amended by these regulations.
(b)
Shall provide proof of sufficient liability insurance and other
insurances necessary to indemnify and hold harmless all government
authorities of any claims resulting from this permit process.
(c)
Shall be submitted to the TOK CEO and Planning Board with completed
State Environmental Quality Review (SEQR), full Type I action, Environmental
Assessment Form (EAF), Visual Environmental Assessment Form (VEAF)
detailing visual and esthetic analysis impacting all residents of
the TOK, cemeteries and historical sites.
(d)
Shall include statement of necessity indicating met towers are
essential for the anemometer collection of data and only to be used
within design of CWECS and construction thereof. Furthermore, agreement
to completely share with the TOK Town Board summary information harvested
from each test tower, which would support or reject site for development
of wind energy systems.
(e)
Shall be requested for each met tower individually and will be processed by the TOK authorities by date, accuracy and completeness of requested information, to include cost of legal, engineering, insurances, bonds, permits and fees as set forth by the TOK Town Board. Refer to § 265-93, Procedure.
(f)
Shall provide name, address and phone number of the applicant.
If request is by corporation proof shall be required that it is currently
legally registered within the State of New York.
(g)
Shall provide notarized proof of permission, name, address and
phone number of the property owner of record, copy of deed, lien holders
(if mortgaged), Tax Map, lot and block numbers of each proposed site.
Five copies of New York State licensed civil engineer or surveyor
prepared site plan displaying location of proposed met tower with
topographic description displayed; also current photos of the site
and directional photos facing neighboring properties. Recent aerial
photos may be offered in lieu of directional photos.
(h)
Shall include list of all adjoining property owners and property
owners within 2,600 feet of proposed met tower base. Property owners
listed shall be sent, at the expense of the applicant by certified
mail, letters advising each of impending action. These property owners
must also be advised of this or future regulations that may affect
their property values, rights and esthetics.
C.
General met tower design standards. Shall closely reflect industry
standards for safety, site, visual, material, security, environmental
protection, decommissioning and restoration of the site. Met towers
shall not be installed within 500 feet from any roadway, building,
or utility line, adjacent property line (other than land of owner),
LWRP, Rural Residential (RR), General Business (B), Residential/Hamlet
(RH) or school zone.
(1)
Met tower design shall include guyed monopole or latticework tower(s),
antenna(s), anemometer, supporting masts, wires, guying system anchorage,
structures, foundations and nonpermanent accessory buildings, if needed.
Towers shall have a maximum height of 199 feet. All designs/drawings
shall be prepared and raised stamped by an insured registered New
York State professional engineer. Within this drawing package, a description
of a fall zone exceeding 150% of the tower height is also required.
(2)
Exterior surfaces of met towers and appurtenant structures shall
be coated or finished in a color scheme to blend with surrounding
environment. Acceptable color presentation to TOK Planning Board is
required.
(3)
Security fencing six feet in height extended with arms securing three
barbed wire strands around each tower and guying anchorages to discourage
unauthorized entry. The applicant is responsible to prevent vandalism
and unauthorized access to site, property damage, potential injury
and possible legal claims against the TOK.
(4)
Before use, met towers will be inspected by an independent structural
testing authority, results certified by New York State registered
engineer to affirm structural compliance, and submitted to the TOK
Town Board for review. The TOK Town Board and Planning Board, at the
expense of the applicant, may employ legal and consulting assistance
to verify any conclusions presented. Among items to be reviewed include
structural safety, visual standards, esthetics, communication interference,
restoration of site at conclusion of permit period and all other pertinence
to this permit.
(6)
If access roads are constructed, they are to be maintained and secured
against unauthorized entry. All roadways are to be removed after permit
period and restored to preconstruction condition. No vehicles will
be permitted overnight parking after erection period; during operation,
parking is limited to three vehicles. Public roads will be kept clean.
Damage to public roadways must be immediately reported to the TOK
Highway Superintendent for his advice and repaired meeting TOK, Orleans
County and State of New York specifications.
(7)
Compliance with all FAA regulations will be strictly enforced, such
as lighting and marking. Proof of noninterference with established
microwave or communication towers is required. Local aircraft owners/flyers
and aerial crop maintenance companies must be notified of sites and
potential navigational hazards created.
D.
Decommissioning, removal and restoration shall commence within two
weeks of special use permit expiration date. Formal application for
extension may be presented to TOK CEO and Planning Board supporting
reasons to extend. Unless extended special use permit is granted,
all towers, buildings, foundations, anchorages, security fencing,
materials and trappings shall be promptly removed from site. The entire
site, access roads, parking areas, disturbed trees, soils and grasses
returned to original condition. Before a special use permit is granted,
the applicant must provide financial security to the TOK Town Board
in the amount of $50,000 for each permitted site to insure removal(s)
and restoration thereof. After final compliance to these regulations
and approval by TOK CEO said bond/cash security would be released.
The TOK Town Board reserves the option to adjust financial security
bond/cash to adequately reimburse the TOK for actual costs incurred
by nonperformance or adherence to these regulations.
A.
General provisions.
(1)
Creation.
The Town Board of the Town of Kendall hereby adopts the rules and
procedures for creating Wind Energy Overlay Districts to allow consideration
of use of the Town's wind energy resource through commercial
wind energy conversion systems (CWECS) and to regulate or prohibit
the placement of such systems so that the public health, safety, and
welfare will not be jeopardized.
(2)
Authority. The Town Board of the Town of Kendall adopts this section
under the authority granted by:
(b)
New York Statute of Local Governments, § 10(1), (6),
and (7).
(c)
New York Municipal Home Rule Law § 10(1)(i) and (ii)
and § 10(1)(a)(6), (11), (12), and (14).
(d)
The supersession authority of New York Municipal Home Rule Law
§ 10(2)(d)(3).
(e)
New York Town Law, Article 16 (Land Use).
(f)
New York Town Law § 130(1) (Building Code), (3) (Electrical
Code), (5) (Fire Prevention), (7) (Use of streets and highways), (7-a)
(Location of driveways), (11) (Peace, good order and safety), (15)
(Promotion of Public welfare), (15-a) (Excavated Lands), (16) (Unsafe
buildings), (19) (Trespass), and (25) (Building lines).
(g)
New York Town Law § 64(17-a) (protection of aesthetic
interests) and (23) (General powers).
(3)
Wind Energy Overlay District rules.
(a)
Under New York State statutes, the Town is not required to act
on rezoning requests to create Wind Energy Overlay Districts. The
rezoning of districts is completely at the discretion of the Town
Board.
(b)
Wind Energy Overlay Districts are permitted only in Residential
Agricultural (RA) and Rural Residential (RR) Districts.
(c)
No Wind Energy Overlay District may be initially created without
specific requests for a CWECS.
(d)
Once a Wind Energy Overlay District has been created, new wind
energy conversion systems, accessory structures, or facilities may
be added in that district by the granting of a special use permit.
(4)
Creation of Wind Energy Overlay Districts.
(a)
Upon receipt of an application, the recommendations of the County
Planning Board, the recommendations of the Town Planning Board, the
holding of public hearings and the completion of the SEQRA process,
the Town Board may approve, approve with conditions, or deny the application,
in accordance with the standards of this section.
(b)
If approved, the Town Board will direct the Planning Board to
modify the Official Zoning Map to reflect the creation of the Wind
Energy Overlay District.
B.
Wind energy
conversion systems.
(1)
Purpose. To permit and regulate the location, erection, operation
and transmission lines of wind energy systems, thereby protecting
the interests of Town of Kendall residents. Wind energy conversion
systems shall be classified as residential, agricultural and commercial
systems, permitted by the Town of Kendall and regulated by the enactment
of this chapter.
(2)
Authority. The Planning Board, as an advisory panel, is charged by
the Town Board of the Town of Kendall to prepare ordinances as requested
by the Town Board, returning the prepared land use ordinance to the
Town Board for its disposition.
(3)
Findings. The Planning Board of the Town of Kendall finds that:
(a)
Wind energy is an abundant, renewable, and nonpolluting energy
resource of the Town of Kendall and its conversion to electricity
may reduce dependence on nonrenewable energy sources and decrease
the air and water pollution that results from the use of conventional
energy sources.
(b)
The generation of electricity from properly sited wind turbines
has the potential to tie into existing power distribution systems,
allowing for the transmission of electricity from wind generation
stations to utilities or other users, or alternatively may be used
to reduce or eliminate on-site consumption of energy.
(c)
Regulation of the siting and installation of wind turbines is necessary for the purpose of protecting the health, safety, and welfare of neighboring property owners, the environment, and the general public. Wind energy conversion systems need to be consistent with Article I of this chapter and continue the Open Space Policy of the Town of Kendall Master Plan.
(d)
Wind energy conversion systems represent significant potential
aesthetic impacts because of their large size, lighting and shadow
flicker effects. The installation of commercial wind energy conversion
systems will change the landscape and appearance of the Town of Kendall.
(e)
If not properly regulated, installation of wind energy conversion
systems can create drainage problems through erosion and lack of sediment
control for the facility and access roads and harm farmlands through
improper construction methods.
(f)
Wind energy conversion systems may present risks to avian (bird)
populations.
(g)
If not properly sited, wind energy conversion systems may present
risks to the property values of adjoining property owners.
(h)
Without proper planning, construction of wind energy conversion
systems can create traffic problems and damage local roads.
(i)
If improperly sited, wind conversion energy systems can interfere
with various types of communications.
C.
Commercial
wind energy conversion systems.
(1)
General.
(a)
No commercial wind energy conversion system shall be constructed,
reconstructed, modified, or operated in the Town of Kendall except
in compliance with this section.
(b)
No commercial wind energy conversion system shall be constructed,
reconstructed, modified, or operated in the Town of Kendall, except
in a Wind Energy Overlay District.
(c)
The placement, construction, and major modification of all commercial
wind energy conversion systems (CWECS) within the boundaries of the
Town of Kendall shall be permitted only by special use permit.
(d)
Commercial wind energy conversion systems are permitted only
in the Residential Agricultural (RA) and Rural Residential (RR) Districts.
(e)
The applicant shall pay all costs associated with the Town of
Kendall's review and processing of each application. The applicant
shall submit a deposit with the application in the amount as determined
by resolution by the Town Board. The Town of Kendall may require the
applicant to enter into an escrow agreement to cover the engineering
and legal costs of reviewing and processing all applications. This
agreement will include the cost of the review required by SEQRA, creation
of an overlay district, or modification to the Town of Kendall Master
Plan.
(f)
Prior to the creation of a Wind Energy Overlay District, the
Town Board has the ability to negotiate a payment in lieu of taxes
and/or host community agreement with any applicant to compensate the
Town for expenses or impacts on the community.
(g)
The Town of Kendall reserves the right to opt out of the provision
of the New York State Real Property Tax Law (RPTL) § 487
under the authority within its jurisdiction granted by Paragraph 8
of that law.
(h)
Prior to the issuance of a building permit, the applicant shall
provide the Town of Kendall with proof of insurance in a sufficient
dollar amount to cover potential personal and property damage associated
with the construction and operation thereof.
(i)
The applicant shall, prior to the receipt of a building permit,
demonstrate that the proposed facility meets the system reliability
requirements of the New York Independent System Operator, or provide
proof that it has executed an interconnection agreement with the New
York System Operator and/or the applicable transmission owner.
(j)
The applicant is responsible for remediation of damaged roads
during construction and upon completion of the installation or during
periods of maintenance of a wind energy conversion system. A public
improvement bond shall be posted prior to the issuance of any building
permit in an amount determined by the Town Board, sufficient to compensate
the Town of Kendall for any damage to local roads and infrastructure.
(k)
The Town of Kendall shall be named as an additional insured
under the general liability policy of the applicant, with an amount
no less than an amount to be determined by the Town Board given the
nature and scope of the project.
(2)
Application.
(a)
Applicants shall request a preapplication meeting(s) with the
Planning Board, Code Enforcement Officer, and with any consultants
retained by the Planning Board for preliminary application review.
(b)
Upon submittal of an application, the Planning Board shall,
within 30 days of receipt, or such longer time if agreed to by the
applicant, determine if all information required under this application
is included in the application. No application shall be acted on by
the Planning Board until the application is deemed complete by the
Planning Board.
(c)
An application for a commercial wind energy conversion system
(CWECS) shall include the following:
[1]
Name, address, and telephone number of the applicant. If the
applicant is represented by an agent, the application shall include
the name, address and telephone number of the agent as well as an
original signature of the applicant authorizing the representation.
The application shall include a certified list of individual and corporate
officers of the applicant and their responsibilities to this project.
[2]
Name, address, and telephone number of the property owner. If
the property owner is not the applicant, the application shall include
a letter or other written permission signed by the property owner
confirming that:
[3]
Proof of ownership of involved properties or long-term leases,
legally executed and filed with the Orleans County Clerk.
[4]
Address or other property identification of each proposed tower
location, including Tax Map section, block and lot number with Global
Positioning Satellite (GPS) location of each proposed wind tower and
related structure.
[5]
A plot plan with a minimum scale of one inch equals 400 feet
prepared by a professional engineer licensed in the state of New York,
stamped and dated to include:
[a]
Six copies of the drawing package.
[b]
North arrow and bar scale.
[c]
Property lines and physical dimensions of the site
provided by a surveyor licensed in the State of New York.
[d]
Topography by one-foot contours.
[e]
The applicant shall include an existing site plan
and proposed site plan to include all roadways, fields, ponds, lakes,
watercourses, wetlands, residences, buildings, structures, historical
sites, cemeteries, bridges or culverts, water wells, sewage systems,
crop land and wood land by lot, block and tax identification number.
[f]
Location of public roads, adjoining properties,
schools, hospitals, and public buildings within 2,500 feet of the
boundaries of the proposed CWECS site.
[g]
Each WECS clearly referenced including location
and elevation.
[h]
To demonstrate compliance with fall zone and setback
requirements, circles are to be drawn around each proposed tower location
equal to:
[6]
A construction plan sequential by site designation, estimated
dates and duration of construction displaying access/egress roads
for delivery of construction equipment, staging areas, parking areas
for receiving and off loading of materials and structural components.
No parking on public roads or streets shall be permitted.
[7]
A preconstruction survey to be performed by an independent third
party, of roads, culverts and bridges shall be supplied to the Planning
Board and Town of Kendall Highway Superintendent for review, verification,
sign-off and record retention. The survey shall include photo and/or
video documentation.
[8]
Vertical drawing of the CWECS showing total height, turbine
dimensions, tower and turbine colors, ladders, distance between ground
and lowest point of any rotor blade, location of climbing pegs, and
access doors. One drawing may be submitted for each CWECS of the same
type and total height.
[9]
A description of the total amount of land impacted by the construction
and operation of a wind energy facility. The description will include
the impacts of land clearing, the loss of open spaces and the amount
of agricultural land used during all phases of the project.
[10]
Landscaping plan depicting existing vegetation
and describing any areas to be cleared and all specimens to be added,
identified by species and species size at installation with their
location.
[11]
Lighting plan. The applicant shall submit a lighting
plan that describes all lighting that will be required. Such plan
shall include, but is not limited to, the planned number and location
of lights, lighting that may be required by the FAA including, a copy
of the FAA lighting determination, types of light, whether any such
lights will be flashing, and mitigation measures planned to control
the light so not to spill over onto neighboring properties.
[12]
Adjacent property owners. A list of all adjacent
property owners of land within 2,500 feet as measured from the tower
base to nonparticipating property lines shall be provided to the Planning
Board for review and record retention. The list shall contain the
names, property addresses, mailing address and Tax Map numbers of
the property owners.
[13]
Decommissioning plan. The applicant shall submit
a decommissioning plan which shall include:
[a]
The anticipated life of the CWECS.
[b]
The estimated decommissioning cost in current dollars.
[c]
How said estimate was determined including the
amount the cost is offset with salvage value.
[d]
The method of ensuring that the funds will be available
for decommissioning and restoration.
[e]
The method, such as annual re-estimate by an independent
licensed engineer or qualified estimator approved by the Town, by
which the decommissioning cost will be kept current.
[g]
Removal of the concrete base of the wind turbine
to a depth of not less than five feet and restoration of affected
land to preconstruction grade.
[h]
Removal of buried cables if less than five feet
in depth.
[i]
A predecommissioning survey, to be performed by
an independent third party, of roads, culverts and bridges and affected
land. The survey shall include photo and/or video documentation.
[j]
Removal of access roads and restoration of affected
land.
[k]
Widening of roadways, if necessary for heavy equipment
and final restoration of all roadways used during removal.
[l]
Restoration of vegetation (consistent and compatible
with surrounding vegetation), less any fencing or minor improvements
requested by the landowner.
[14]
The application shall include information relating
to the construction, installation and repair of the wind energy facility
as follows:
[a]
Construction schedule describing anticipated commencement
and completion dates.
[b]
Hours of operation.
[c]
Designation of heavy haul routes.
[d]
A list of materials, equipment and loads to be
transported.
[e]
Identification of temporary facilities intended
to be constructed, and representatives in the field with name and
phone number(s).
[f]
Specific turbine information on the type, size,
height, rotor material, rated power output, performance, safety, and
noise characteristics of each wind turbine model, tower, and electrical
transmission equipment.
[g]
Method of delivery, both short- and long-term storage,
and the method of removal from the site of large components for repairs
which may become necessary in the normal course of operation of the
WECS over its operational life.
[h]
The amount of farm land removed from use during
the construction period and after completion of the wind energy conversion
facility.
[15]
SEQRA review.
[a]
Applications for CWECS are deemed Type I projects
under SEQRA. The Town may conduct its SEQRA Review in conjunction
with other agencies, in which case the records of review by said communities
shall be part of the record of the Town of Kendall's proceedings.
The SEQRA shall also include a Visual EAF Addendum (from SEQRA Part
617.20, Appendix B).
[b]
At the completion of the SEQRA review process,
if a positive declaration of environmental significance has been issued
and an environmental impact statement prepared, the Town of Kendall
shall issue a statement of findings. The statement of findings may
also serve as the Town's decision on the application.
[16]
Agricultural data statement. Applications for
a facility that are proposed on property within an agricultural district
containing a farm operation, or on property with boundaries within
500 feet of a farm operation located within an agricultural district,
shall include an agricultural data statement. The statement shall
include:
[a]
The name and mailing address of the applicant.
[b]
A description of the proposed project and its specific
location.
[c]
Identification of the agricultural district in
which the site is located.
[d]
A brief description of the farm operations and
how they will be affected by the proposed wind system.
[e]
The name and mailing address of any owner of land
located in an agricultural district within 500 feet of the boundary
of the property upon which the project is proposed.
[f]
A Tax Map or other map showing the project site
and the location of the farm operations involved.
[17]
Wind energy studies. All studies, where applicable,
shall comply with NYSDEC Visual and Noise Assessment and Mitigation
Guidelines. The following studies shall be submitted with the application:
[a]
Meteorological data. The applicant shall show evidence
that a wind assessment has been conducted. Meteorological data such
as air temperature, wind speed and wind direction shall be collected
through a meteorological tower (met tower) sited within the Town of
Kendall on or in close approximation to the proposed site. Test data
cannot be interpolated from areas outside the Town of Kendall.
[b]
Shadow flicker. The applicant shall conduct a study
on potential shadow flicker. The study shall identify areas where
shadow flicker may interfere with residences, churches, schools and
all public areas and buildings and describe measures that shall be
taken to eliminate or mitigate the problems.
[c]
Visual impact. Applications shall include a visual
impact study of the proposed CWECS as installed, which may include
computerized photographic simulations. The study shall demonstrate
any visual impacts from each strategic vantage point from residences,
schools, churches, historic sites and all public buildings and gathering
places. Mapping, at a minimum, shall include visibility based on topography-only
and vegetation analysis with locations of residences, schools, churches,
historic sites and all public buildings and gathering places.
[d]
Property value analysis prepared by a licensed
appraiser in accordance with industry standards, regarding the potential
impact of values of properties neighboring CWECS sites.
[e]
Fire protection. The application shall include
a fire protection and emergency response plan, created in consultation
with the fire departments having jurisdiction over the proposed sites.
The plan may include but is not limited to the following:
[i]
Fireproof or fire-resistant building materials.
[ii]
Buffers or fire-retardant landscaping.
[iii]
Availability of water.
[iv]
An automatic fire-extinguishing system for all
buildings or equipment enclosures of substantial size containing control
panels, switching equipment, or transmission equipment operated without
regular human occupancy.
[v]
Identification of tower locations and inclusion
into the county 911 emergency system.
[vi]
Provision of training and fire-fighting equipment
for local fire protection personnel.
[f]
Noise analysis. A noise analysis completed by a
certified New York State acoustical engineer documenting the noise
levels associated with the proposed CWECS. The study shall include
the following:
[i]
A survey and report that analyzes the preexisting
ambient noise regime (including seasonal variations), including but
not limited to separate day and night measurements of low frequency
and A-weighted noise levels across a range of wind speeds (include
near cut-in), turbulence measurements, distance from the turbines,
with location of residences, buildings and facilities located within
two miles of the proposed project site.
[ii]
A description and map of the project's noise-producing
features, including the range of noise levels expected, and the tonal
and frequency characteristics expected. The report shall include low
frequency, infrasound, pure tone, and repetitive/impulsive sound.
[iii]
A description and map of the noise-sensitive
environment, including the site property lines, residences, schools,
places of worship and other facilities where quiet is important within
two miles of the proposed site.
[iv]
Manufacturers' noise design and field test
data, both audible dB(A) and low frequency, for all proposed structures.
[g]
A geological report shall be furnished which shall,
at a minimum, include the following:
[i]
Soils engineering and geological characteristics
of the site based on on-site sampling and testing. Copies of soil
boring logs are to be included in the report to the Town.
[ii]
Foundation design criteria for all proposed structures
including the need for any blasting.
[iii]
Slope stability analysis.
[iv]
Grading criteria for ground preparation, cuts
and fills, and soil compaction.
[v]
Impact on existing water aquifers including a study
and impact on existing wells.
[vi]
Submission of a stormwater pollution prevention
plan (SWPPP).
[vii]
Postconstruction monitoring plans for NYS Department
of Agriculture and Markets guidelines, NYSDEC draft bird/bat guidelines,
regular structural/operational inspections conducted by an independent
licensed engineer(s), and operational noise monitoring.
[h]
Ice throw calculations. A report from a New York
State Professional Engineer that calculates the maximum distance that
ice from the turbine blades could be thrown for the make and model
wind turbine proposed for the site. The basis of the calculation and
all assumptions must be disclosed.
[i]
Blade throw calculations. A report from a New York
State Professional Engineer that calculates the maximum distance,
in the event of a failure, that pieces from the turbine blades could
be thrown for the make and model wind turbine proposed for the site.
The basis of the calculation and all assumptions must be disclosed.
[j]
Catastrophic tower failure. A report from the turbine
manufacturer stating the wind speed and conditions with all assumptions
that the turbine is designed to withstand.
[k]
The applicant will include a complaint resolution
process for both the construction and operational phase to address
complaints from nearby residences. The process may use an independent
mediator or arbitrator and include a time limit for acting on a complaint.
[l]
Other information. Such additional information
as may be reasonably requested by the Town or the Town Engineer.
(3)
Standards for CWECS.
(a)
Construction and traffic routes:
[1]
Construction of a CWECS poses potential risks because of the
large size of construction vehicles and their impact on traffic safety
and their physical impact on local roads. Construction and delivery
vehicles for WECS and/or associated facilities shall use traffic routes
established as part of the application review process. Factors in
establishing such routes shall include:
[2]
Permit conditions may require remediation during construction,
limit WECS-related traffic to specified routes, and include a plan
for disseminating traffic route information to the public and all
applicable state, county and municipal highway authorities and superintendents
whose roads are included in the WECS traffic route plan. Notification
to all applicable highway authorities and superintendents will include
the number and type of vehicles and their size, their maximum gross
weight, the number of round trips, and the dates and time periods
of expected use of designated traffic routes.
[3]
The applicant is responsible for remediation of damaged roads
during construction and upon completion of the installation, periods
of maintenance, and decommissioning/restoration of a wind energy facility.
[4]
Stormwater runoff and erosion control shall be managed in a
manner consistent with all applicable state and federal laws and regulations.
[5]
Geological soil testing shall be done at each proposed tower
foundation. Should testing suggest any interference with existing
water aquifers, the site will be disqualified.
[6]
Access roads required for construction shall be adequate to
support weight of trucks, erection cranes, facility sections and heavy
construction equipment. Temporary roads are to be returned to preconstruction
condition leaving only private driveways used for routine maintenance
by facility and utility crews. Overnight parking of vehicles will
be permitted only during established construction period or during
periods requiring additional personnel or equipment for maintenance
and repair of a wind energy system. Parking is prohibited on public
roads at all times.
[7]
Excavation shall be as required for foundation only; over-excavation shall be repaired as per NYS Building Codes. Excess quarried materials shall not be used to raise existing grade at the tower base. These materials may be used elsewhere on the proposed site by permission of the owner and Town of Kendall Code Enforcement Officer. Excess materials may not be taken from the Town of Kendall; however, agreement may be pursued by the Town Board for use by the Town of Kendall Highway Department. (Refer to §§ 265-42 and 265-55.)
[8]
All underground work shall be clearly marked "As Built," documented
during construction, plotted upon completed project drawings, and
filed with the Town of Kendall with Dig Safely New York (1-800-962-7962)
or its successor.
[9]
Utility rights-of-way shall not be renegotiated to take over
more ground nor increase limits by removal of trees. Redesign of utility
poles must consider impact of access for large farming machinery.
[10]
The Town of Kendall will employ an independent
engineering inspection service to monitor all construction/erection
activities. The facility developer shall assume all costs of this
service.
[11]
All solid waste, hazardous waste and construction
debris shall be removed from the site and managed in a manner consistent
with all appropriate rules and regulations as set forth by the appropriate
agencies.
[12]
Any construction, ground disturbance or restoration
involving agricultural land or land located in agricultural districts
shall be done according to the New York State Department of Agriculture
and Markets' publication titled "Guidelines for Agricultural
Mitigation for Wind Power Projects."
(b)
Certification. The facility developer shall employ an independent
and Town of Kendall approved engineering service to certify to the
Town that the facility is built as designed and is qualified for service
before final permit is issued by the Code Enforcement Officer. The
applicant shall provide the following certifications:
[1]
All structural components, including the foundation, tower and
compatibility of the tower with the rotor and rotor-related equipment
shall be certified in writing by an independent New York State licensed
professional structural engineer. The engineer shall certify compliance
with all applicable local, state, and federal codes and regulations.
[2]
After completion of the wind energy conversion system, the applicant
shall provide a postconstruction certification from an independent
New York State licensed professional engineer stating that the project
complies with applicable codes and industry practices and has been
completed according to the design plans.
[3]
The electrical system shall be certified annually in writing
by an independent a New York State licensed professional electrical
engineer. The engineer shall certify compliance with good engineering
practices and with the appropriate provisions of IEEE standards and
any other explicit technical standards required in New York State.
[4]
The rotor overspeed control system shall be certified in writing
by an independent New York State licensed professional engineer. The
engineer shall certify compliance with applicable design and operational
codes.
[5]
Certification of project completion must be supplied by the
applicant and approved by the Town of Kendall Code Enforcement Officer.
(c)
Color, finish and visual impact.
[1]
All applicants shall use measures to reduce the visual impact
of WECS to the greatest extent possible. All structures shall be finished
in a single, nonreflective matt finish color or a camouflage scheme
and shall include a maintenance schedule and plan to maintain the
finished color and appearance of the WECS.
[2]
Individual WECS within a Wind Energy Overlay District shall
be constructed using wind turbines whose design and appearance shall
exhibit uniformity to each other in all respects: height, color, size,
geometry, and rotational speed.
[3]
No lettering, company insignia, advertising, or graphics shall
be on any part of the tower, hub, or blades.
[4]
No television, radio, or other communication antennas may be
affixed or otherwise made part of any WECS, except pursuant to the
telecommunications provisions of this chapter.
(d)
Compliance with regulatory agencies. The applicant is required
to obtain all necessary regulatory approvals and permits from all
federal, state, county, and local agencies having jurisdiction and
approval related to the completion of the wind energy conversion system.
(e)
Electrical.
[1]
All interconnecting lines and wires from generators to ground
ancillary structures and utility transmission grid will be installed
underground to the maximum extent practicable. The Planning Board
shall have the authority to waive this requirement only if the Planning
Board has sufficient engineering data submitted by the applicant to
demonstrate that underground transmission lines are unfeasible.
[2]
Underground high-voltage lines shall have five-foot cover to
existing grade, per NEC burial guidelines. Burial depth may be reduced
in areas of bedrock with less than five feet in depth per NYSDAM,
NEC permits and New York State Department of Agriculture and Markets
guidelines.
[3]
All precautions shall be applied to prevent stray voltage leakage;
should such occur, immediate remedial correction must be taken. A
report of complaint and remediation must be given to the Town of Kendall
Code Enforcement Officer for immediate analysis and remedial action.
(f)
Electromagnetic interference.
[1]
No commercial wind energy system shall be installed in any location
where its proximity with existing fixed broadcast, retransmission,
or reception antenna for radio, television, or wireless phone or other
personal communication systems would produce electromagnetic interference
with signal transmission or reception.
[2]
No CWECS shall be installed in any location along the major
axis of an existing microwave communication link where its operation
is likely to produce electromagnetic interference in the link's
operation.
[3]
If it is determined that a CWECS is causing electromagnetic
interference, the operator shall take necessary corrective action
to eliminate this interference, including relocation or removal of
the facilities, or resolution of the issue with the impacted parties.
[4]
Failure to remedy electromagnetic interference is grounds for
revocation of the special use permit for the specific WECS causing
the interference.
(h)
Height restrictions.
[1]
The total height of any commercial wind energy conversion system
shall be 400 feet. The total height shall be measured from the ground
elevation from the preconstruction or post construction grade, whichever
is lower, to the top of the tip of the blade at the apex of rotation.
[2]
The blade tip of any wind turbine shall, at its lowest point,
have a ground clearance of not less than 50 feet.
(i)
Landscaping. Upon completion of the installation, the site shall
be returned as close as possible to its natural state, including,
but not limited to, restoring the subsoil and topsoil to preconstruction
condition and reforestation of any woodland that have been cleared
for site preparation. Vegetation shall be planted in a natural pattern
on the site to screen as much of the facility as possible without
restricting air flow. Existing vegetation may be used to supplement
new plantings.
(j)
Lighting. Towers and turbines shall not be artificially lighted
or marked beyond the requirements of the Federal Aviation Administration
(FAA). Minimum security or safety lighting may be allowed as approved
on the site plan. Any lighting systems shall be designed to minimize
light pollution and shall include the use of light hoods, low-glare
fixtures or directing lights at the ground. Lighting shall not shine
onto adjacent properties.
(k)
Local waterfront revitalization program. The applicant is required
to conform to all requirements of the Town of Kendall Local Waterfront
Revitalization Program (LWRP).
(l)
Maintenance and replacement.
[1]
A permitted facility may be maintained and repaired at any time,
which becomes necessary in the normal course of operation of the wind
energy facility, without a special permit or building permit, provided
the maintenance does not involve the following:
[a]
An increase in the number of towers.
[b]
An increase in the number of wind turbines.
[c]
An increase in the tower height.
[d]
A change in the tower location.
[e]
A change in the type of wind turbine, nacelle or
tower used.
[f]
A change in the number or size of accessory structures.
[g]
A change that increases the sound pressure level
or shadow flicker produced by the facility.
[h]
The transportation of heavy equipment, cranes and
large spare parts that are oversize loads and require public road
use, the widening of access roads, or pose potential damage to the
infrastructure of the Town of Kendall, or surrounding communities.
[3]
Overnight parking of vehicles will be permitted only during
periods requiring additional personnel, equipment, or extended periods
of time necessary for the maintenance and repair of a wind energy
system. There will be no parking on public roads.
[4]
Any damaged or unused parts shall be removed from the site within
30 days or stored in a locked on-site storage building. All maintenance
equipment, spare parts, oil or chemicals shall also be stored in said
on-site locked storage building.
(m)
Safety and security requirements.
[1]
Shall have lightning arresting systems.
[2]
Wind turbines shall be equipped with electromagnetic (automatic)
and mechanical (manual) braking systems to prevent over-rotation,
reducing stress on tower and rotor blades. No wind turbine shall be
permitted that lacks an automatic breaking, governing, or feathering
system to prevent uncontrolled rotation, over-speeding, and excessive
pressure on the tower structure, rotor blades, and turbine components.
[3]
Security signs for public safety and warnings shall be allowed.
At least one sign shall be posted at the base of the tower warning
of electrical shock or high voltage. A sign shall be posted on the
entry area of fence around each tower or group of towers and any building
(or on the tower or building if there is no fence), containing emergency
contact information, including a local telephone number with twenty-four-hour,
seven-day-per-week coverage. The Planning Board may require additional
signs as approved on the site plan.
[4]
A security plan shall be required, including the training of
first responders, with emergency personnel contacts and responsibilities
posted at the site, including the Town of Kendall emergency services,
and the Town of Kendall Town Clerk.
[5]
A locked gate shall be provided at the junction of a driveway
and a public road to restrict access. Access points shall be guarded
by physical structure, fencing or bollards to block nonpermitted access
to driveways.
(n)
Setbacks for wind energy conversion systems.
[1]
The statistical sound pressure level generated by a WECS shall
not exceed L10-50 dBA measured at the off-site property line. However,
this sound pressure level may be exceeded during short-term events
such as severe wind storms and utility outages. Sites can include
more than one piece of property and the requirement shall apply to
the combined properties. If the ambient sound pressure level exceeds
50 dBA, the standard shall be ambient dBA plus 5 dBA. Independent
certification shall be provided by a qualified and Town-approved licensed
acoustic engineer before and after construction demonstrating compliance
with this requirement. The measurement of sound pressure levels shall
be performed in accordance with the latest revision of International
Standards for Acoustic Noise Measurement Techniques for Wind Generators
(IEC 61400-11) or other industry-accepted procedures.
[2]
In the event audible noise due to the WECS operations contains
a steady pure tone, such as a whine, screech or hum, the standards
for audible noise shall be reduced by five dBA. A pure tone is defined
to exist if the 1/3 octave band sound pressure level in the band,
including the tone, exceeds the arithmetic average of the sound pressure
levels of the two contiguous 1/3 octave bands by five dBA for center
frequencies of 500 Hz and above, by eight dBA for center frequencies
between 160 Hz and 400 Hz, or by 15 dBA for center frequencies less
than or equal to 125 Hz.
[3]
In the event the ambient noise level (exclusive of the development
in question) exceeds the applicable standard given above, the applicable
standard shall be adjusted so as to equal the ambient noise level.
The ambient noise level shall be expressed in terms of the highest
whole number sound pressure level in dBA, which is exceeded for more
than five minutes per hour. Ambient noise levels shall be measured
at the exterior of potentially affected existing residences, schools,
places of worship and public buildings. Ambient noise level measurement
techniques shall employ all practical means of reducing the effect
of wind-generated noise at the microphone. Ambient noise level measurements
may be performed when wind velocities at the proposed project site
are sufficient to allow wind turbine operation, provided that the
wind velocity does not exceed 30 mph at the ambient noise measurement
location.
[4]
A CWECS shall not be operated so that impulsive sound below
20 Hz affects the habitability or use of any dwelling, existing residences,
schools, places of worship and public buildings.
[5]
Each CWECS shall be set back from site boundaries as measured
from the center of the CWECS:
[a]
One thousand five hundred feet from any hamlet
district boundary line.
[b]
One hundred feet plus fall zone radius from state
and federally identified wetlands. This distance may be adjusted to
be a greater distance at the discretion of the Planning Board, based
on topography, land cover, land uses, state or federal requirements,
and other factors such as the influence CWECS has on any endangered
species or the flight patterns of resident birds.
[6]
Two thousand five hundred feet from the property line of any
school, places of worship, or any public facility.
[7]
One thousand five hundred feet from the nearest off-site residence
existing at the time of the application. The setback is to be measured
from the exterior of such residence to the center of the WECS and
include all residences in and outside the Town of Kendall.
[8]
One thousand five hundred feet from the right-of-way of any
public road and highway. The setback shall be measured from the center
line of such right-of-way.
[9]
One hundred feet plus the fall zone radius from the nearest
farm building, and utility lines.
[10]
Two hundred feet plus the fall zone radius from
on-site occupied structures (human and farm animal), any historical
site, LWRP District, and bridges.
[11]
Six hundred feet from the nearest site boundary
line or tax property boundary (nonresidential).
[12]
The Planning Board may impose a setback that exceeds
the other setbacks set out in this section if it deems that such greater
setbacks are necessary to protect the public health, safety and welfare
of the community.
(o)
Tower structures.
[1]
The fall zones of a WECS shall not overlap one another.
[2]
Multiple towers may be sited on a contiguous property and on
legally leased adjacent parcels.
[3]
Towers will only be of a monotubular, freestanding design with
interior stairs accessed by a security door within the tower column.
The use of guy wires is prohibited.
[4]
Nacelle will be of the latest upwind design accessed via interior
stair only.
[5]
Wind turbine towers shall not have external ladders or climbing
devices, fire-suppression systems or extinguishers.
(p)
Wildlife species and habitat.
[1]
Development and operation of a commercial wind energy facility
shall not have a significant adverse impact on endangered or threatened
fish, wildlife, or plant species or their critical habitats or other
significant habitats identified in the Town of Kendall. Studies, plans
and guidelines will be used to demonstrate criteria established by
federal or state regulatory agencies.
[2]
Migratory birds. Development and operation of a commercial wind
energy facility shall be evaluated based on SEQRA findings.
[3]
Design and layout of the facility shall not create artificial
habitats which draw rodents or prey and entice raptors to frequent
the site, leading to increased bird strikes.
(4)
Transfer. No transfer of any wind energy facility or special use
permit, nor sale of the entity owning such facility including the
sale of more than 30% of the stock of such entity (not counting sales
of shares on a public exchange), will occur without prior approval
of the Town Board, which approval shall be granted upon written acceptance
of the transferee of the obligations of the transferor under this
section, and the transferee's demonstration, in the sole discretion
of the Town Board, that it can meet the technical and financial obligations
of the transferor. No transfer shall eliminate the liability of the
transferor, nor of any other party, under this section unless the
entire interest of the transferor in all facilities in the Town is
transferred and there are no outstanding obligations or violations.
D.
Residential
wind energy conversion systems.
(1)
General.
(a)
The placement, construction, and major modification of all residential
wind energy conversion systems (RWECS) within the boundaries of the
Town of Kendall shall be permitted only by special use permit.
(b)
Residential wind energy conversion systems shall require a site plan review and approval by the Planning Board, a special permit issued by the Planning Board and a building permit issued by the Zoning (Code) Enforcement Officer per Article III of this chapter.
(c)
The applicant shall pay all costs associated with the Town of
Kendall's review and processing of the application. The applicant
shall submit a deposit with the application in the amount as determined
by resolution by the Town Board. The Town of Kendall may require the
applicant to enter into an escrow agreement to cover the engineering
and legal costs of reviewing and processing the application. This
agreement will include the cost of the review required by SEQRA.
(d)
Any WECS proposed within a distance of 500 feet from any county
boundary line; any Town boundary line; any village boundary line;
any existing or proposed county or state park; any right-of-way of
a county or state road or parkway; any stream or canal owned by the
county; any existing or proposed county or state-owned land on which
a public building or institution is situated must be referred to the
Orleans County Planning Board. The Orleans County Planning Board shall
have 30 days from the date of county receipt to take action on the
matter.
(e)
Residential wind energy conversion systems are permitted in
the Residential Agricultural (RA), Rural Residential (RR) and General
Business (GB) Districts.
(f)
The applicant is required to conform to all requirements of
the Town of Kendall Local Waterfront 6. The applicant is required
to conform to all requirements of the Town of Kendall Local Waterfront
Revitalization Program (LWRP).
(g)
Only one residential wind energy conversion system per legal
single-family residential site shall be allowed and the system shall
be primarily used to reduce the on-site consumption of electricity
of the residence. At no times shall electricity be distributed across
property lines except to tie into the electrical grid system.
(h)
Residential wind energy conversion systems shall be placed or
located only in rear yards.
(i)
The minimum lot size shall be no less than two acres (87,120
square feet) in area.
(j)
With the sale or transfer of any portion of the existing property,
current or subsequent owners must submit, within 30 days of the property
transfer, to the Planning Board, an application for renewal of the
special use permit. Approval of the renewal of the special use permit
shall be conditional upon:
[1]
Written acceptance of the transfer of obligations from the previous
owner to the new owner and the new owner's demonstration, in
the sole discretion of the Planning Board, that said new owner can
meet the technical and any financial obligations of the original special
use permit.
[2]
The applicant can still meet all requirements of this chapter
and all conditions of the special use permit. No sale or transfer
of property shall eliminate the liability of either the original owner
or of any other party of the residential wind energy generating system
under this section, unless there are no outstanding obligations or
violations.
(2)
Application.
(a)
Applicants shall request a preapplication meeting(s) with the
Planning Board, Code Enforcement Officer and with any consultants
retained by the Planning Board for preliminary application review.
(b)
Upon submittal of an application the Planning Board shall, within
30 days of receipt, or such longer time if agreed to by the applicant,
determine if all information required under this application is included
in the application. No application shall be acted on by the Planning
Board until the application is deemed complete by the Planning Board.
(c)
An application for a residential wind energy conversion system
shall include the following:
[1]
Name, address and telephone number of the applicant. If the
applicant is represented by an agent, the application shall include
the name, address and telephone number of the agent as well as an
original signature of the applicant authorizing the representation.
[2]
Name, address and telephone number of the property owner. If
the property owner is not the applicant, the application shall include
a letter or other written permission signed by the property owner
confirming that:
[3]
Project description. Provide a comprehensive description of
the project, including project location, total height of the tower,
maximum rated capacity of the wind turbine and the utilities required.
[4]
A list of all adjacent property owners. The names, property
addresses, mailing address and Tax Map numbers of all owners of land
within 500 feet of the boundary of the property upon which the property
is proposed shall be provided to the Planning Board for review and
record retention.
[5]
Site plan. A scaled site plan (prepared by a licensed professional
engineer, licensed land survey or landscape architect) which shall
include all of the information listed below. The Planning Board may
require additional information, if necessary to complete its review.
[a]
Title block showing the drawing title, date of
preparation, name and address of applicant, name and address of a
the person or firm preparing the drawing, and the signature and seal
of a licensed professional engineer, land surveyor or landscape architect.
[b]
North arrow and bar scale.
[c]
Boundaries and physical dimensions of the site.
[d]
Existing watercourses and bodies of water, including
any state and federal wetlands.
[e]
Public and private roads within 100 feet of the
site boundaries.
[f]
Existing residential and nonresidential structures
and driveways located on-site.
[g]
Existing residential and nonresidential structures
located off-site and within 500 feet of the site boundaries.
[h]
Location of the proposed tower, equipment, foundations,
guy points, substations, accessory structures, fences and any other
amenities.
[i]
Existing and proposed above ground and underground
utilities located on the site.
[j]
Shall present construction plan detailing access
routes, on-site disturbance of landscape, trees, soils and restoration
thereof at completion of facility erection period.
[k]
A circle drawn to scale around the tower which
includes the fall zone equal to 150% of rotor blade height at apex.
[6]
Engineering drawings. The applicant shall include scaled engineering
drawings (prepared by a licensed professional engineer, licensed land
survey or landscape architect) which show details and dimensions of
the following:
[a]
Tower.
[b]
Tower guy wire and anchor details, if any.
[c]
Turbine.
[d]
Foundation.
[e]
Distance between ground and the lowest point of
any rotor blade.
[f]
Height and location of climbing pegs and ladders.
[g]
Fencing and the color and finish of each major
component.
[h]
Details and dimensions of all proposed equipment,
accessory structures, access roads and driveways.
[7]
Manufacturers' product information.
[a]
Applications shall include product information
from the manufacturer of the proposed wind turbine or rotor blade,
tower, supporting foundations, anchorage, inverter, structures and
transmission lines as a composite.
[b]
Supporting documentation shall include a company
history and operational facilities in service as reference information
and a statement of projected operational life of the facility.
[c]
Supporting evidence showing that the proposed tower
height does not exceed the height recommended by the manufacturer
or distributor of the system.
[8]
The application shall include a full SEQRA Environmental Assessment
Form (EAF) with Part 1 prepared by the applicant. The SEQRA shall
also include a Visual EAF Addendum (from SEQRA Part 617.20, Appendix
B).
[9]
Agricultural data statement. Applications for a facility that
are proposed on property within an agricultural district containing
a farm operation, or on property with boundaries within 500 feet of
a farm operation located within an agricultural district, shall include
an agricultural data statement. The statement shall include:
[a]
The name and mailing address of the applicant.
[b]
A description of the proposed project and its specific
location.
[c]
Identification of the agricultural district in
which the site is located.
[d]
A brief description of the farm operations and
how they will be affected by the proposed wind system.
[e]
The name and mailing address of any owner of land
located in an agricultural district within 500 feet of the boundary
of the property upon which the project is proposed.
[f]
A Tax Map or other map showing the project site
and the location of the farm operations involved.
[10]
Agreement to remove facilities. Applications shall
include a written agreement in which the applicant agrees to remove
the facility and to restore the site when the facility reaches the
end of its design life, or if the facility ceases to operate for more
than six consecutive months, or if the property is sold and the new
property owner does not want to continue operation of the facility,
or if directed by the Town of Kendall due to noncompliance. The agreement
must include or declare that:
[a]
All work will be arranged and paid for by the applicant.
[b]
A description of how the facility will be removed.
[c]
A description of how the site will be restored.
[d]
Specify the estimated cost for removal and restoration.
[e]
Specify the source and/or method of funding that
will be available for removal and restoration.
[11]
The applicant shall agree to provide annually,
a "cost of living" adjusted bond, escrow account or financial security
sufficient for the removal of wind energy system at its maturity,
continued malfunction or disability of system and/or egregious violation
of any portion of this chapter which causes the Code Enforcement Officer
or Planning Board to issue a stop order and/or rescind the special
permit. If the applicant secures a surety bond to insure funds are
available for removal and restoration, a copy of the bond shall be
attached to the agreement. The company issuing the bond must appear
on the U.S. Department of the Treasury's listing of approved
surety and have a valid New York State surety license. The penal sum
of the bond must be equal to the estimated cost of removal and restoration.
The agreement must be signed by the applicant and bear the seal and
signature of a notary public.
[12]
Agreement to pay Town consultant fees. The application
shall include a written agreement in which the applicant agrees to
pay for reasonable legal fees and consultant fees incurred by the
Planning Board should they choose to employ a consultant to review
the drawings, analyses, studies, reports and certifications submitted
by the applicant. The applicant must also agree to pay for reasonable
consultant fees incurred by the Planning Board should they choose
to employ a consultant to assist with the SEQRA process. The agreement
must be signed by the applicant and bear the seal and signature of
a notary public.
[13]
Agreement to provide sound pressure level and
shadow flicker testing. Applications shall include a written agreement
in which the applicant agrees to provide and pay for a reasonable
amount of preconstruction ambient noise level testing and postconstruction
sound pressure level testing and/or shadow flicker analysis when requested
by the Planning Board. Testing may be requested at any time during
the term of a special permit to ensure compliance or to resolve noise
or visual complaints received from nearby property owners. The agreement
must be signed by the applicant and bear the seal and signature of
a notary public.
[14]
The applicant shall provide proof of liability
insurance. The Town of Kendall shall be named as an additional insured
under the general liability policy of the applicant, with an amount
no less than an amount to be determined by the Town Board given the
nature and scope of the project.
(3)
Standards for residential wind energy conversion systems.
(a)
The tower design must be certified by a NYS licensed engineer.
(b)
The tower height shall be no more than:
[1]
Sixty-five feet or less on parcels of land between two acres
and five acres.
[2]
One hundred twenty feet on parcels of land of five acres or
more.
[3]
The allowed height shall be reduced if necessary to comply with
all applicable Federal Aviation Administration Requirements, including
Subpart B (commencing with Section 77.11) of Part 77 of Title 14 of
the Code of Federal Regulations regarding installations close to airports.
(c)
Ground clearance of horizontal axis rotor blades shall not be
less than 35 feet. To prevent harmful wind turbulence from existing
structures, the minimum height of the lowest part of any horizontal
axis wind turbine blade shall be at least 30 feet above the highest
structure or tree within a two-hundred-fifty-foot radius. Modification
of this standard may be made when the applicant demonstrates that
a lower height will not jeopardize the safety of the wind turbine
structure.
(d)
Rooftop and tower systems supported in part or wholly by a nonresidential
accessory building shall be of vertical axis wind turbine design only.
All buildings must be evaluated for the stress and loads developed
by a VAWT and certified by a New York State licensed engineer.
(e)
The system maximum turbine power output is limited to a rated
capacity of 30 kW.
(f)
Stormwater runoff and erosion control shall be managed in a
manner consistent with all applicable state and federal laws and regulations.
(g)
Any construction or ground disturbance involving agricultural
land or land located in agricultural districts shall be done according
to the New York State Department of Agriculture and Markets publication
titled "Guidelines for Agricultural Mitigation for Wind Power Projects."
(h)
The use of guy wires is disfavored. A guyed system may be approved
only by compelling evidence and documentation submitted to the Planning
Board as to why a freestanding tower cannot be used. Should a guyed
system be approved, the tower shall incorporate appropriate measures
to protect the guy wires from damage which could cause tower failure.
All ground attachment points and tower base must be enclosed by six-foot
high security fencing.
(i)
Wind turbine towers shall not be climbable for the first 12
feet above ground level. The tower shall be constructed to provide
one of the following means of access control or other appropriate
method of access:
(j)
(k)
No tower shall be lit except to comply with FAA requirements.
Minimum security lighting for ground level facilities shall be allowed
as approved on the site plan. Security lighting shall be designed
to minimize light pollution, including the use of light hoods, low-glare
fixtures, and directing lights at the ground.
(l)
The system's tower, nacelle, and blades shall be painted
a nonreflective, unobtrusive color that blends the system and its
components into the surrounding landscape to the greatest extent possible
and incorporates nonreflective surfaces to minimize any visual disruption.
(m)
The wind energy conversion system shall be screened to the maximum
extent feasible by natural vegetation or other means to minimize potentially
significant adverse visual impacts on neighboring residential areas.
(n)
All horizontal axis WECSs shall be equipped with electromagnetic
and manual brake controls to limit the rotational speed of the rotor
blade so it does not exceed the design limits of the rotor and overstress
the tower and components. Vertical axis wind turbines shall be controlled
to prevent overspeed, and exceeding the design limits of the rotor,
support structure, and other components.
(o)
All on-site electrical wires associated with the system shall
be installed underground, whether net-metered or a standalone system,
except for "tie-ins" to a public utility company and public utility
company transmission poles, towers and lines. This standard may be
modified by the Planning Board if the project terrain is determined
to be unsuitable due to reasons of excessive grading, biological impacts,
or similar factors.
(p)
The statistical sound pressure level generated by a WECS shall
not exceed L10-45 dBA measured at the nearest residence located off
the site. Sites can include more than one piece of property and the
requirement shall apply to the combined properties. If the ambient
sound pressure level exceeds 45 dBA, the standard shall be ambient
dBA plus 5 dBA. Certification shall be provided after construction
demonstrating compliance with this requirement.
(q)
The system shall be operated such that no disruptive electromagnetic
interference is caused to neighboring residences or cell phone and
microwave towers. If it has been demonstrated that a system is causing
harmful interference, the system operator shall promptly mitigate
the interference or cease operation of the system.
(r)
No brand names, logo, antennas, or advertising shall be allowed
on any part of the facility or placed or painted on the tower, rotor,
generator or tail vane where it would be visible from the ground,
except that a system or tower's manufacturer's logo may
be displayed on the system generator housing in an unobtrusive manner.
However, permanent identification of manufacturer and responsible
contact information in case of failure or malfunction will be mounted
on the tower base.
(s)
The applicant is required to obtain all necessary regulatory
approvals and permits from all federal, state, county, and local agencies
having jurisdiction and approval related to the completion of the
wind energy conversion system.
(4)
Renewal of special permits for residential wind energy conversion
system. Three copies of the following information must be submitted
to the Planning Board, and shall constitute a complete application
for special permit renewal.
(a)
Special use permit application form. The application shall be
marked "RENEWAL" by the applicant.
(b)
Special use permit renewal fee. The applicant shall pay a nonrefundable
renewal fee as established by the Town of Kendall Town Board.
(c)
At the request of the Planning Board, the applicant/owner shall
make available (subject to a nondisclosure agreement) to the Town,
all reports to and from the purchaser of energy from individual wind
energy conversion systems as necessary to prove the WECS is functioning.
Requested reports may be edited as necessary to protect proprietary
information.
(d)
Structural integrity certification. If the facility has been
installed for longer than the manufacturer's warranty period,
the renewal application shall include a certification that the facility
was inspected for structural and mechanical integrity by a New York
State licensed professional engineer, and that the facility is structurally
sound and poses no risk of failure or harm to residences on the site
or to the public. The inspection must be performed within 30 days
of the date of the application, and the certification shall include
the date of inspection, a description of the inspection, methodology
used, computations, and any other data used to determine the facility's
structural integrity. The certification must be signed by the permit
holder and bear the seal and signature of a licensed professional
engineer. If the inspection report identified structural deficiencies,
the special use permit will not be renewed until all deficiencies
are corrected and the facility is determined to be structurally sound
by a licensed professional engineer.
E.
Agricultural
wind energy deriving systems.
(1)
General.
(a)
Agricultural wind energy generating systems shall require a site plan review and approval by the Planning Board, and a building permit issued by the Zoning (Code) Enforcement Officer per Article III of this chapter.
(b)
The applicant shall pay all costs associated with the Town of
Kendall's review and processing of the application. The applicant
shall submit a deposit with the application in the amount as determined
by resolution by the Town Board. The Town of Kendall may require the
applicant to enter into an escrow agreement to cover the engineering
and legal costs of reviewing and processing the application. This
agreement will include the cost of the review required by SEQRA.
(c)
Any wind energy conversion system proposed within a distance
of 500 feet from: any county boundary line: any Town boundary line;
any village boundary line; any existing or proposed county or state
park; any right-of-way of a county or state road or parkway; any stream
or canal owned by the county; any existing or proposed county- or
state-owned land on which a public building or institution is situated
must be referred to the Orleans County Planning Board. The Orleans
County Planning Board shall have 30 days from the date of county receipt
to take action on the matter.
(d)
Agricultural wind energy generating systems are permitted in
the Residential Agricultural (RA) and Rural Residential (RR) Districts.
(e)
The applicant is required to conform to all requirements of
the Town of Kendall Local Waterfront Revitalization Program (LWRP).
(f)
The minimum lot size shall be no less than seven acres in area.
(g)
The agricultural wind energy facility shall be primarily used
to generate electricity for the generation of energy for predominantly
agricultural purposes only, and includes any farming residence and
farm labor camp(s).
(2)
Application.
(a)
Applicants shall request a preapplication meeting(s) with the
Planning Board, Code Enforcement Officer and with any consultants
retained by the Planning Board for preliminary application review.
(b)
Upon submittal of an application, the Planning Board shall,
within 30 days of receipt, or such longer time if agreed to by the
applicant, determine if all information required under this application
is included in the application. No application shall be acted on by
the Planning Board until the application is deemed complete by the
Planning Board.
(c)
An application for an agricultural wind energy conversion system
shall include the following:
[1]
Name, address, telephone number of the applicant. If the applicant
is represented by an agent, the application shall include the name,
address and telephone number of the agent as well as an original signature
of the applicant authorizing the representation.
[2]
Name, address, telephone number of the property owner. If the
property owner is not the applicant, the application shall include
a letter or other written permission signed by the property owner
confirming that:
[3]
Address or other property identification of each proposed tower
location, including Tax Map section, block and lot number.
[4]
Project description. Provide a comprehensive description of
the project, including project location, total height of the tower,
maximum rated capacity of the wind turbine and the utilities required.
[5]
A list of all adjacent property owners. The names, property
addresses, mailing address and Tax Map numbers of all owners of land
within 1,000 feet of the boundary of the property upon which the property
is proposed shall be provided to the Planning Board for review and
record retention.
[6]
Site plan. A scaled site plan (prepared by a licensed professional
engineer, licensed land survey or landscape architect) which shall
include all of the information listed below. The Planning Board may
require additional information if necessary to complete its review.
[a]
Title block showing the drawing title, date of
preparation, name and address of applicant, name and address of a
the person or firm preparing the drawing, and the signature and seal
of a licensed professional engineer, land surveyor or landscape architect.
[b]
North arrow and bar scale.
[c]
Boundaries and physical dimensions of the site
in sufficient scale to verify setbacks.
[d]
Existing watercourses and bodies of water, including
any state and federal wetlands.
[e]
Public and private roads within 100 feet of the
site boundaries.
[f]
Existing residential and nonresidential structures
and driveways located on-site.
[g]
Existing residential and nonresidential structures
located off-site and within 500 feet of the site boundaries.
[h]
Location of the proposed tower, equipment, foundations,
guy points, substations, accessory structures, fences and any other
amenities.
[i]
Existing and proposed above ground and underground
utilities located on the site.
[j]
Shall present construction plan detailing access
routes, on-site disturbance of landscape, trees, soils and restoration
thereof at completion of facility erection period.
[k]
A circle drawn to scale around the tower which
includes the fall zone equal to 150% of rotor blade height at apex.
[7]
Engineering drawings. The applicant shall include scaled engineering
drawings (prepared by a licensed professional engineer, licensed land
survey or landscape architect) which show details and dimensions of
the following:
[a]
Tower.
[b]
Turbine.
[c]
Foundation.
[d]
Distance between ground and the lowest point of
any rotor blade.
[e]
Height and location of climbing pegs and ladders.
[f]
Fencing and the color and finish of each major
component.
[g]
Details and dimensions of all proposed equipment,
accessory structures, access roads and driveways.
[8]
Manufacturer product information. Applications shall include
product information from the manufacturer of the proposed wind turbine
or rotor blade, tower, supporting foundations, anchorage, inverter,
structures and transmission lines as a composite. Supporting documentation
shall include a company history and operational facilities in service
as reference information and a statement of projected operational
life of the facility.
[9]
The application shall include a Full SEQR Environmental Assessment
Form (EAF) with Part 1 prepared by the applicant. The SEQRA shall
also include a Visual EAF Addendum (from SEQRA Part 617.20, Appendix
B).
[10]
Agricultural data statement. Applications for
a facility that is proposed on property within an agricultural district
containing a farm operation, or on property with boundaries within
500 feet of a farm operation located within an agricultural district,
shall include an agricultural data statement. The statement shall
include:
[a]
The name and mailing address of the applicant.
[b]
A description of the proposed project and its specific
location.
[c]
Identification of the agricultural district in
which the site is located.
[d]
A brief description of the farm operations and
how they will be affected by the proposed wind system.
[e]
The name and mailing address of any owner of land
located in an agricultural district within 500 feet of the boundary
of the property upon which the project is proposed.
[f]
A Tax Map or other map showing the project site
and the location of the farm operations involved.
[11]
Agreement to remove facilities. Applications shall
include a written agreement in which the applicant agrees to remove
the facility and to restore the site when the facility reaches the
end of its design life, if the facility ceases to operate for more
than six consecutive months, or if directed by the Town of Kendall
due to noncompliance. The agreement must include or declare that:
[a]
All work will be arranged and paid for by the applicant.
[b]
A description of how the facility will be removed.
[c]
A description of how the site will be restored.
[d]
Specify the estimated cost for removal and restoration.
[e]
Specify the source and/or method of funding that
will be available for removal and restoration.
(d)
The applicant shall agree to provide an annual cost-of-living
adjusted bond, escrow account or financial security sufficient for
the removal of wind energy system at its maturity, continued malfunction
or disability of system and/or egregious violation of any portion
of this chapter which causes the Code Enforcement Officer or Planning
Board to issue a stop order and/or rescind the special permit. If
the applicant secures a surety bond to insure funds are available
for removal and restoration, a copy of the bond shall be attached
to the agreement. The company issuing the bond must appear on the
U.S. Department of the Treasury's listing of approved surety
and have a valid New York State surety license. The penal sum of the
bond must be equal to the estimated cost of removal and restoration.
The agreement must be signed by the applicant and bear the seal and
signature of a notary public.
[1]
Agreement to pay Town consultant fees. The application shall
include a written agreement in which the applicant agrees to pay for
reasonable consultant and legal fees incurred by the Planning Board
should they choose to employ a consultant to review the drawings,
analyses, studies, reports and certifications submitted by the applicant.
The applicant must also agree to pay for reasonable consultant fees
incurred by the Planning Board should they choose to employ a consultant
to assist with the SEQRA process. The agreement must be signed by
the applicant and bear the seal and signature of a notary public.
[2]
Agreement to provide sound pressure level and shadow flicker
testing: Applications shall include a written agreement in which the
applicant agrees to provide and pay for a reasonable amount of sound
pressure level testing and or shadow flicker analysis when requested
by the Planning Board. Testing may be requested at any time during
the term of a special permit to ensure compliance or to resolve noise
or visual complaints received from nearby property owners. The agreement
must be signed by the applicant and bear the seal and signature of
a notary public.
(3)
Standards for agricultural wind energy conversion systems.
(a)
The tower design must be certified by a New York State licensed
engineer.
(b)
The tower height shall be reduced if necessary to comply with
all applicable Federal Aviation Requirements, including Subpart B
(commencing with Section 77.11) of Part 77 of Title 14 of the Code
of Federal Regulations regarding installations close to airports.
(c)
Ground clearance of horizontal axis rotor blades shall not be
less than 35 feet. To prevent harmful wind turbulence from existing
structures, the minimum height of the lowest part of any horizontal
axis wind turbine blade shall be at least 30 feet above the highest
structure or tree within a two-hundred-fifty-foot radius. Modification
of this standard may be made when the applicant demonstrates that
a lower height will not jeopardize the safety of the wind turbine
structure.
(d)
Rooftop and tower systems supported in part or wholly by a nonresidential
structure shall be of vertical axis wind turbine design only. All
buildings must be evaluated for the stress and loads developed by
a VAWT and certified by a New York State licensed engineer.
(e)
All towers shall be freestanding (self-supporting). The use
of guy wires is prohibited.
(f)
Wind turbine towers shall not be climbable for the first 12
feet above ground level. The tower shall be constructed to provide
one of the following means of access control or other appropriate
method of access:
(g)
(h)
Stormwater runoff and erosion control shall be managed in a
manner consistent with all applicable state and federal laws and regulations.
(i)
No tower shall be lit except to comply with FAA requirements.
Minimum security lighting for ground-level facilities shall be allowed
as approved on the site plan. Security lighting shall be designed
to minimize light pollution, including the use of light hoods, low
glare fixtures, and directing lights at the ground.
(j)
The system's tower, nacelle, and blades shall be painted
a nonreflective, unobtrusive color that blends the system and its
components into the surrounding landscape to the greatest extent possible
and incorporates nonreflective surfaces to minimize any visual disruption.
(k)
The wind energy conversion system shall be screened to the maximum
extent feasible by natural vegetation or other means to minimize potentially
significant adverse visual impacts on neighboring residential areas.
(l)
All horizontal axis WECS shall be equipped with electromagnetic
and manual brake controls to limit the rotational speed of the rotor
blade so it does not exceed the design limits of the rotor and overstress
the tower and components. Vertical axis wind turbines shall be controlled
to prevent overspeed, and exceeding the design limits of the rotor,
support structure, and other components.
(m)
All on-site electrical wires associated with the system shall
be installed underground, whether net-metered or a standalone system,
except for tie-ins to a public utility company and public utility
company transmission poles, towers and lines. This standard may be
modified by the Planning Board if the project terrain is determined
to be unsuitable due to reasons of excessive grading, biological impacts,
or similar factors.
(n)
The statistical sound pressure level generated by a WECS shall
not exceed L10-50 dBA measured at the nearest residence located off
the site. Sites can include more than one piece of property and the
requirement shall apply to the combined properties. If the ambient
sound pressure level exceeds 50 dBA, the standard shall be ambient
dBA plus 5 dBA. Certification shall be provided after construction.
(o)
The system shall be operated such that no disruptive electromagnetic
interference is caused to neighboring residences or cell phone and
microwave towers. If it has been demonstrated that a system is causing
harmful interference, the system operator shall promptly mitigate
the interference or cease operation of the system.
(p)
No brand names, logo, antenna, or advertising shall be allowed
on any part of the facility or placed or painted on the tower, rotor,
generator or tail vane where it would be visible from the ground,
except that a system or tower's manufacturer's logo may
be displayed on the system generator housing in an unobtrusive manner.
However, permanent identification of manufacturer and responsible
contact information in case of failure or malfunction will be mounted
on the tower base.
(q)
Access roads required for construction shall be adequate to
support weight of trucks, erection cranes, facility sections and heavy
construction equipment. The applicant is responsible for remediation
of damaged roads during construction and upon completion of the installation
or maintenance of a wind energy conversion system.
(r)
Any construction or ground disturbance involving agricultural
land or land located in agricultural districts shall be done in according
to the New York State Department of Agriculture and Markets publication
titled "Guidelines for Agricultural Mitigation for Wind Power Projects."
(s)
The applicant is required to obtain all necessary regulatory
approvals and permits from all federal, state, county, and local agencies
having jurisdiction and approval related to the completion of the
wind energy conversion system.
F.
Enforcement;
penalties; abatement; limitations; bonds; funds; and remedies for
violation for all WECS.
(1)
Enforcement. In addition to the Code Enforcement Officer, the Town
Board may appoint such Town staff or outside consultants as it sees
fit to enforce this section.
(2)
Penalties. Any person owning, controlling, or managing any building,
structure, or land who shall undertake a wind energy conversion facility
in violation of this section or in noncompliance with the terms and
conditions of any permit issued pursuant to this section, or any order
of the enforcement officer, and any person who shall assist in so
doing, shall be guilty of an offense and subjected to:
(a)
For a first offense, a fine of not more than $400 or imprisonment
for a period of not more than 15 days, or subject to both such fine
and imprisonment.
(b)
For a second offense (both within a period of five years), a
fine of not less than $400 or more than $700 or imprisonment for a
period not to exceed six months, or subject to both such fine and
imprisonment.
(c)
For a third offense (all within a period of five years), a fine
of not less than $700 or more than $1,000 or imprisonment not to exceed
six months, or subject to both such fine and imprisonment.
(d)
Every such person shall be deemed guilty of a separate offense
for each week such violation shall continue. The Town may institute
a civil proceeding to collect civil penalties in the amount set forth
herein for each violation and each week said violation continues shall
be deemed a separate violation.
(e)
In case of any violation or threatened violation of any of the
provisions of this section, including the terms and conditions imposed
by any permit issued pursuant to this section, in addition to other
remedies and penalties herein provided, the Town of Kendall may institute
any appropriate action or proceeding to prevent such unlawful erection,
structural alteration, reconstruction, moving, and or use, and to
restrain, correct, or abate such violation, to prevent the illegal
act.
(3)
Abatement.
(a)
Public nuisance. Every unsafe, incomplete, abandoned, or inoperable
wind energy facility is hereby declared a public nuisance which shall
be subjected to abatement by repair, rehabilitation, demolition, or
removal.
(b)
Inoperable.
[1]
Nonfunction or lack of operation may be proven by reports to
the Public Service Commission, NYSERDA, by lack of income generation
or physical damage. The applicant/owner shall make available (subject
to a nondisclosure agreement) to the Town, all reports to and from
the purchaser of energy from individual wind energy conversion systems,
if requested as necessary to prove the WECS is functioning. Requested
reports may be edited as necessary to protect proprietary information.
[2]
Safety issues deemed to be of an imminent threat to the health,
safety and/or welfare of any person affected by a wind energy conversion
system as determined by the Code Enforcement Officer shall require
the immediate shut down of the WECS, an immediate corrective action
shall be taken and the imminent threat fully mitigated.
(c)
If any WECS remains nonfunctional or inoperative for a continuous
period of six months, the applicant agrees that, without any further
action by the Town Board, it shall remove said system and return the
land to preexisting conditions at its own expense. Removal of the
system shall include but not limited to:
[1]
All aboveground structures including support buildings, transmission
equipment, and fencing from the property.
[2]
Removal of the concrete base of a wind turbine to a depth of
not less than five feet to preconstruction grade elevation.
[3]
All agricultural areas shall be restored to as close to preconstruction
conditions as possible and shall be in compliance with NYS Department
of Agriculture and Markets guidelines. A remediation plan shall be
put in place to identify and correct any remaining or recurring impacts
derived from a WECS.
(d)
This provision may be waived at the discretion of the Town Board
if the applicant demonstrates to the Town that it has been making
good faith efforts to restore the WECS to an operable condition, but
nothing in this provision shall limit the Town's ability to order
a remedial action plan after a public hearing.
(e)
Notwithstanding any other abatement provisions, if the WECS
is not repaired, made operational, or brought into permit compliance
after said notice, and after a public meeting at which time the operator
or owner shall be given opportunity to be heard and present evidence,
including a plan to come into compliance, the Town may:
[1]
Order either remedial action within a particular time frame;
or
[2]
Order revocation of the special use permit for the WECS and
order removal of the WECS within 90 days. If the WECS is not removed,
the Town Board shall have the right to use the security posted as
part of the decommissioning plan to remove the WECS.
(4)
Limitations on approvals; easements on Town property.
(a)
Nothing in this section shall be deemed to give any applicant
the right to cut down surrounding trees and vegetation on the site
or any other property to reduce turbulence and increase wind flow
to the wind energy conversion system. Nothing in this section shall
be deemed a guarantee against any future construction or Town approvals
of future construction that may in any way impact the wind flow to
any WECS. It shall be the sole responsibility of the facility operator
or owner to acquire any necessary wind flow or turbulence easements,
or rights to remove vegetation.
(b)
Pursuant to the powers granted to the Town to manage its own
property, the Town may enter into noise, setback, or wind flow easements
on such terms as the Town Board deems appropriate, as long as said
agreements are not otherwise prohibited by state law or this section.
(5)
Decommissioning bond or fund.
(a)
An applicant, developer, successors, property owner, heirs,
or assigns, private or court appointed and of record shall continuously
maintain a fund or bond payable to the Town of Kendall for the removal
of nonfunctioning towers, accessory facilities, and land restoration
in an amount and frequency of review to be determined by the Town
Board for the period of the life of the facility. This fund may consist
of a letter of credit from a State of New York-licensed financial
institution. All cost of the financial security shall be borne by
the applicant, developer, successors, property owner, heirs, or assigns,
private or court appointed and of record.
(b)
Any cost incurred by the Town that exceeds the amount of such
financial surety or is not covered by said surety shall be the complete
and sole responsibility of the applicant. If the applicant is insolvent
and such costs cannot be practicably collected from said applicant,
then such costs shall become a lien upon the property in which the
costs were incurred. The lien shall thereafter be assessed on the
next succeeding year's tax bill for such parcel and collected
in accordance with normal tax foreclosure proceedings if such tax
bill remains unpaid thereafter.
(c)
Upon completion of all such removal activities by the Town,
any remaining portion of the posted surety shall be returned to the
applicant.
(6)
Testing fund. A special use permit shall contain a requirement that
the applicant fund periodic noise and/or shadow flicker testing by
a qualified independent third-party measurement consultant, which
may be required as often as every two years, or more frequently upon
request of the Town in response to complaints by neighbors. The scope
of the testing shall be to demonstrate compliance with the terms and
conditions of the special use permit or site plan and shall also include
an evaluation of any complaints received by the Town. The applicant
shall have 90 days after written notice from the Town Board to cure
any deficiency. An extension of the ninety-day period may be considered
by the Town Board, but the total period may not exceed 180 days.
(7)
Severability. Should any provision of this section be declared by
the courts to be unconstitutional or invalid, such decision shall
not affect the validity of this section as a whole or any part thereof
other than the part so decided to be unconstitutional or invalid.
[Added 9-17-2013 by L.L. No. 1-2013]
A.
Parking.
(1)
Sufficient space shall be provided to accommodate off-street
parking for not less than three vehicles on site plus one parking
space for each farm operator or employee of the farm market. The Planning
Board in its site plan review may require additional parking spaces
based on the anticipated traffic volume of the farm market.
B.
Entrance and exit driveways shall have an unrestrictive width of
not less than 30 feet and shall be located not less than 15 feet from
the property line and shall be designed to avoid the necessity of
any vehicle backing out into any public right-of-way. The minimum
distance between driveways on the site shall be 65 feet measured from
the two closest driveway curbs.
C.
Any and all Orleans County Health Department requirements shall be
met for the sale of, but not limited to, processed foods, baked goods,
dairy and meat products.
D.
The side and rear setback for any farm market building shall be 30
feet minimum.
E.
Suitable storage of trash shall be provided, constructed and situated
as to allow minimal visual impact of the trash storage from the street,
to prevent waste from blowing around the site or onto adjacent properties
or roads, and to permit safe easy removal of trash by truck or by
hand.
[Added 8-15-2017 by L.L.
No. 3-2017]
A.
Purpose.
(1)
Solar energy is a renewable and nonpolluting energy resource
that can prevent fossil fuel emissions and reduce a municipality's
energy load. Energy generated from solar energy systems can be used
to offset energy demand on the grid when excess solar power is generated.
(2)
The use of solar energy equipment for the purpose of providing
electricity and energy for heating and/or cooling is a priority and
is a necessary component of the current and long-term sustainability
agenda.
(3)
This section aims to promote the accommodation of solar energy
systems and equipment and the provision for adequate sunlight and
convenience of access necessary therefor, and to balance the potential
impact on neighbors when solar collectors may be installed near their
property while preserving the rights of property owners to install
solar energy systems without excess regulation. In particular, this
legislation is intended to apply to ground-mounted or pole-mounted
solar energy system installations.
(4)
None of the regulations in this chapter shall be construed,
interpreted or imposed by the reviewing board or official in such
a way as to unreasonably restrict/restrain those farms or farming
operations located in a state-certified agricultural district approved
pursuant to the New York States Agriculture Markets Law.
B.
ALTERNATIVE ENERGY SYSTEMS
BUILDING-INTERGRATED PHOTOVOLTAIC (BIPV)
COLLECTIVE SOLAR
COMMERCIAL SOLAR SYSTEM
GLARE
GLINT
GROUND-MOUNTED SOLAR COLLECTION SYSTEM
HISTORIC DISTRICT or HISTORIC STRUCTURE
MAJOR SOLAR COLLECTION SYSTEM OR SOLAR FARM
MINOR OR ACCESSORY SOLAR COLLECTION SYSTEM
ROOF-MOUNTED SOLAR COLLECTION SYSTEM
SOLAR ACCESS
SOLAR ENERGY EQUIPMENT/SYSTEMS
SOLAR PANEL OR COLLECTOR
Definitions.
Structures, equipment, devices or construction techniques
used for the production of heat, light, cooling, electricity or other
forms of energy on site and may be attached to or separate from the
principal structure.
The incorporation of photovoltaic (PV) material into a building's
envelope. Technologies include PV shingles or tiles, PV laminates,
and PV glass. Examples of placement include vertical facades, semitransparent
skylights, awnings, fixed awnings, and roofs.
Installations of solar energy systems that are owned collectively
through a homeowners' association, adopt-a-solar-panel programs,
or other similar arrangements.
A major system or solar farm with a rated capacity of 200kW
or more and used solely to capture solar energy and convert it to
electrical energy to transfer to the public electric grid in order
to sell electricity to or receive a credit from a public utility entity,
but also may be for on-site use.
A continuous source of excessive brightness, relative to
diffused lighting. This is not a direct reflection of the sun, but
rather a reflection of the bright sky around the sun. Glare is significantly
less intense than glint.
Flash of light that may be produced as a direct reflection
of the sun on a solar collection system.
A solar energy system that is anchored to the ground and
attached to a pole or similar mounting system, detached from any other
structure.
Any district or structure marked with a local, state, or
federal landmark status or historic designation.
An area of land or other area used or improved by a solar
energy system with the total surface area of all solar collectors
exceeding 2,000 square feet. Electricity generated by the system may
be sold by transfer, but also may be for on-site use. Solar farm facilities
consist of one or more freestanding ground-mounted or roof-mounted
solar collector devices, solar energy equipment and other accessory
structures and buildings, including light reflectors, concentrators,
and heat exchangers, substations, electrical infrastructure, transmission
lines and other appurtenant structures and facilities.
A solar photovoltaic cell, panel, array, solar hot air or
water collector device, which relies upon solar radiation as an energy
source for collection, inversion, storage, and distribution of solar
energy for electricity generation or transfer of stored heat, secondary
to the use of the premises for other lawful purposes, with the total
surface area of all solar collectors on the lot of 2,000 square feet
or less. Minor solar collection systems may consist of building-intergrated
photovoltaics, ground-mounted or roof-mounted solar collector devices.
A solar panel located on a roof of a permitted principal
use or accessory structure.
Space that is open to the sun and clear of overhangs or shade.
Structures constructed or placed on private property will not infringe
on the rights of adjacent properties.
Energy storage devices, material, hardware, or electrical
equipment and conduit associated with the production of electrical
energy.
A device capable of collecting and converting solar energy
into electrical energy.
C.
Applicability.
(1)
The requirements of this section shall apply to all solar energy
systems installed or modified after the effective date of this section,
excluding general maintenance and repair.
(2)
All solar energy systems shall be designed, erected, and installed
in accordance with all applicable codes, regulations and industry
standards as referenced in all applicable building codes and the Town
of Kendall Code.
(3)
Nothing contained in this provision shall be construed to prohibit
collective solar installations or the sale of excess power through
a net billing or net metering arrangement in accordance with New York
State Public Service Law § 66-j or similar New York State
or federal law or regulation.
(4)
All engineering and legal costs incurred by the Town of Kendall
shall be reimbursed by the applicant.
D.
Minor solar collection systems.
(1)
Roof-mounted solar collectors are permitted structures in all
zoning districts in the Town of Kendall, subject to the following
requirements:
(a)
A building permit has been obtained for the solar collectors.
(b)
Panels facing the front yard, or the back yard in the case of
waterfront lots, must be mounted at the same angle as the roof's
surface with a maximum distance of 18 inches between the roof and
highest point of the system. In the event of a flat roof, Planning
Board review is necessary.
(c)
Solar panels affixed to a flat roof shall be placed below the
line of sight from a public right-of-way.
(d)
In order to ensure firefighter and other emergency responder
safety, except in the case of accessory buildings fewer than 1,000
square feet in area, there shall be a minimum perimeter area around
the edge of the roof and structurally supported pathways to provide
space on the roof for walking around all rooftop solar systems.
(e)
Roof-mounted solar collectors shall not obstruct solar access
to adjacent properties.
(2)
Ground-mounted solar collectors are permitted in all zoning
districts except any waterfront district, subject to the following
requirements:
(a)
The location of the solar collectors meets all applicable setback
requirements of the zone in which they are located.
(b)
The height of the solar collectors and any mounts shall not
exceed the height restrictions of the zone when oriented at maximum
tilt and shall not exceed 15 feet tall with a setback no less than
15 feet.
(c)
The total surface area of all solar collectors on the lot shall
not exceed 2,000 square feet and, when combined with all other buildings
and structures on the lot, shall not exceed lot coverage of 50%.
(d)
A building permit has been obtained for the solar collectors.
(e)
Solar collectors and other facilities shall be designed and
located in order to prevent reflective glare or glint toward any inhabited
buildings on adjacent properties and roads.
(f)
Ground-mounted and freestanding solar collectors shall not obstruct
solar access to adjacent properties.
(g)
A lot must have a minimum size of 20,000 square feet in order
for a ground-mounted solar collection system to be permitted.
(3)
Building-integrated photovoltaic (BIPV) systems. BIPV systems
are permitted in all zoning districts and shall be shown on the plans
submitted for the building permit application for new construction
and renovation for the building containing the system.
(4)
Where site plan approval is required elsewhere in the regulations
of the Town of Kendall for a development or activity, the site plan
review shall include review of the adequacy, location, arrangement,
size, design, and general site compatibility of proposed solar collectors.
(5)
All solar collector installations must be in accordance with
applicable electrical and building codes, the manufacturer's
installation instructions, and industry standards, and prior to operation
the electrical connections must be inspected by an approved electrical
inspector or agency, as determined by the Town of Kendall. In addition,
any connection to the public utility grid must be inspected and approved
by the appropriate public utility.
(6)
When solar storage batteries are included as part of the solar
collector system, they must be installed consistent with the requirements
of the New York State Building Code when in use and, when no longer
in use, shall be disposed of in accordance with the laws and regulations
of Orleans County and other applicable laws and regulations.
(7)
If a solar collector ceases to perform its originally intended
function for more than 12 consecutive months, the property owner shall
remove the collector, mount and associated equipment and facilities
no later than 90 days after the end of the twelve-month period.
E.
Major solar collection systems or solar farms.
(1)
Major solar collection systems or solar farms are permitted
through the issuance of a special use permit and site plan review
within all districts, except any of the waterfront districts, on lots
with a minimum size of no less than five acres. Where applicable,
and unless more restrictive regulations also apply, the requirements
of the previous subsection of this section shall apply to solar collectors
and installations of major solar collection systems or solar farms
and must meet the criteria set forth below and obtain all other necessary
approvals:
(2)
Areas of potential sensitivity.
(a)
One-hundred-year flood hazard area as demarcated on the FEMA
Flood Maps.
(b)
Historic and/or culturally significant resources as designated
either at the local, state, or federal level.
(c)
Within 150 feet of a New York State wetland.
(d)
Land in an agricultural district and/or prime farmland.
[1]
Applicants shall, to the extent practicable, site
major solar systems on lands considered to be marginal. If the marginal
land is not practicable, the burden of proof shall fall on the applicant.
(e)
Any other area determined during site plan review by the Town
of Kendall Planning Board.
(3)
A major system or solar farm may be permitted in any district,
except waterfront districts, in the Town of Kendall when authorized
by site plan review and special use permit from the Planning Board
subject to the following terms and conditions:
(a)
The total coverage of all buildings and structures on a lot,
including the total surface area of all solar collectors, shall not
exceed 50%.
(b)
Height and setback restrictions.
[1]
The maximum height for ground-mounted solar collectors,
located on the ground or attached to a framework located on the ground,
shall not exceed 15 feet in height above the ground.
[2]
The minimum setback from property lines shall be
150 feet.
[3]
A landscaped buffer shall be provided around all
solar energy equipment and solar collectors to provide screening from
adjacent residential properties and roads. The nature and extent of
the buffer shall be determined by the Town of Kendall Planning Board.
(c)
Design standards.
[1]
Removal of trees and other existing vegetation
should be minimized or offset with planting elsewhere on the property.
[2]
Removal of any prime agricultural soil from the
subject parcel is prohibited.
[3]
Proposed major solar systems shall not negatively
impact the viability of prime agricultural soils on site.
[4]
Roadways within the site shall not be constructed
of impervious materials and shall be designed to minimize the extent
of roadways constructed and soil compaction.
[5]
All on-site utility and transmission lines shall,
to the extent feasible, be placed underground.
[6]
Solar collectors and other facilities shall be
designed and located in order to prevent reflective glare and/or glint
toward any inhabited buildings on adjacent properties and roads.
[7]
All solar energy equipment and solar collectors,
including any structure for batteries or storage cells, shall be enclosed
by a minimum six-foot-high fence with a self-locking gate and provided
with landscape screening. The nature and extent of the screening shall
be determined by the Town of Kendall Planning Board.
[8]
Major solar collection systems or solar farms shall
not obstruct solar access to adjacent properties.
[9]
Major solar systems are subject to additional regulations as stated in Subsection E(3)(e)[1] through [6] of this section.
(d)
Signs.
[1]
A sign not to exceed eight square feet shall be
displayed on or near the main access point and shall list the facility
name, owner and phone number.
[2]
A clearly visible warning sign concerning voltage
must be placed at the base of all pad-mounted transformers and substations
not to exceed four square feet.
(e)
Abandonment and decommissioning.
[1]
Applicability and purpose. This section governing
abandonment and decommissioning shall apply to large-scale ground-mounted
solar systems. It is the purpose of this section to provide for the
safety, health, protection and general welfare of persons and property
in the Town of Kendall by requiring abandoned commercial solar systems
to be removed pursuant to a decommissioning plan. The anticipated
useful life of such systems, as well as the volatility of the recently
emerging solar industry where multiple solar companies have filed
for bankruptcy, closed or been acquired creates an environment for
systems to be abandoned, thereby creating a negative visual impact
on the Town. Abandoned commercial systems may become unsafe by reason
of their energy-producing capabilities and serve as an attractive
nuisance.
[2]
Abandonment. A commercial solar system shall be
deemed abandoned if the system fails to generate and transmit electricity
at a rate of more than 10% of its rated capacity over a continuous
period of one year. A commercial solar system also shall be deemed
abandoned if the following site plan approval initial construction
of the system has commenced and is not completed within 12 months
of issuance of the first building permit for the project.
[3]
Removal required. A commercial solar system which
has been abandoned shall be decommissioned and removed. The commercial
solar system owner shall be held responsible to physically remove
all components of the system within one year of abandonment. Removal
of the commercial solar system shall be in accordance with a decommissioning
plan approved by the Town of Kendall Planning Board.
[4]
Decommissioning and removal of a commercial solar
system shall consist of:
[a]
Physical removal of all above- and below-ground
equipment, structures and foundations, including but not limited to
all solar arrays, buildings, security barriers, fences, electric transmission
lines and components, roadways and other physical modifications to
the site.
[b]
Disposal of all solid and hazardous waste in accordance
with local, state and federal waste disposal regulations.
[c]
Restoration of the ground surface and soil.
[d]
Stabilization and revegetation of the site with
native seed mixes and/or plant species (excluding invasive species)
to minimize erosion.
[5]
Decommissioning and removal by the Town. If the
commercial solar power system owner fails to decommission and remove
an abandoned facility in accordance with the requirements of this
section, the Town may enter upon the property to decommission and
remove the system.
[a]
Procedure. Upon a determination by the Building
Inspector that a commercial power system has been abandoned, the Building
Inspector shall notify the system owner by certified mail, in the
case of a facility under construction, to fully complete construction
and installation of the facility within 180 days, or in the case of
a fully constructed facility that is operating at a rate of less than
10% of its rated capacity, to restore operation of the facility to
no less than 80% of its rated capacity within 180 days, or the Town
will deem the system abandoned, and commence action to revoke the
special use permit and require removal of the system. Being so notified,
if the system owner fails to perform as directed by the Building Inspector
within the one-hundred-eighty-day period, the Building Inspector shall
notify the system owner by certified mail that the solar power system
has been deemed abandoned, and the Town intends to revoke the special
use permit within 60 days of mailing said notice. The notice shall
also state that the owner may appeal the Building Inspector's
determination of abandonment to the Planning Board and request a hearing
on the matter. Said appeal and request for hearing must be made and
received by the Town within 20 days of mailing notice. Failure by
the permittee to submit an appeal and request for hearing within the
twenty-day period will result in the special use permit being deemed
revoked as stated herein. In the event the permittee appeals the determination
of the Building Inspector and requests a hearing, the Planning Board
shall schedule and conduct said hearing within 60 days of receiving
the appeal and request. In the event a hearing is held, the Planning
Board shall determine whether the solar power system has been abandoned,
whether to continue the special use permit with conditions as may
be appropriate to the facts and circumstances presented to the Board,
or whether to revoke the permit and order removal of the solar power
system. Upon determination by the Building Inspector or Planning Board
that a special use permit has been revoked, the decommissioning plan
must be implemented and the system removed within one year of having
been deemed abandoned, or the Town may cause the removal at the owner's
expense. If the owner fails to fully implement the decommissioning
plan within one year of abandonment, the Town may collect the required
surety and use said funds to implement the decommissioning plan.
[6]
Removal by the Town and reimbursement of Town expenses.
Any costs and expenses incurred by the Town or its representatives
to decommission and remove a commercial solar power system, including
legal costs and expenses, shall be reimbursed from the financial surety
posted by the system owner.
F.
Special use permit requirements.
(1)
Verification of utility notification. Any foreseeable infrastructure
upgrades shall be documented and submitted. Off-grid systems are exempt
from this requirement.
(2)
Name, address, and contact information of the applicant, property
owner(s), and agent submitting the project.
(3)
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.
(4)
Site plan. Site plan approval is required.
(5)
Blueprints signed by a professional engineer or registered architect
of the solar installation showing the layout of the system.
(6)
The equipment specification sheets shall be documented and submitted
for all photovoltaic panels, significant components, mounting systems,
and inverters that are to be installed.
(7)
Property operation and maintenance plan. A property operation
and maintenance plan is required, describing continuing photovoltaic
maintenance and property upkeep, such as mowing, trimming, landscaping,
control under solar panels, etc.
(8)
A plan must be in place as to how emergency crews will be able
to access the site in event of emergency.
(9)
A decommissioning plan shall be presented, and address those
items listed above and include:
(a)
An estimate of the anticipated operational life of the system.
(b)
A schedule showing the time frame over which decommissioning
will occur and for completion of site restoration work.
(c)
A bond(s) backed by the State of New York to ensure that financial
resources will be available to fully decommission the site.
(10)
Financial surety. Prior to the issuance of a building permit,
and every three years thereafter, the commercial solar system owner
shall file with the Town evidence of financial security to provide
for the full cost of decommissioning and removal of the solar system
in the event the system is not removed by the system owner. Evidence
of financial security shall be in effect throughout the life of the
system and shall be in the form of a New York State-backed bond. The
Town shall be entitled to draw on the bond in the event that the commercial
solar power system owner is unable or unwilling to commence decommissioning
activities within the time periods specified herein. In the event
ownership is transferred to another party, the new owner shall file
evidence of financial security with the Town at the time of transfer,
and every three years thereafter, as provided herein.
(a)
Amount. The amount of the surety shall be determined by the
Town's Engineer based upon a current estimate of decommissioning
and removal costs as provided in the decommissioning plan and subsequent
annual reports. The amount of the surety may be adjusted by the Town
upon receipt of an annual report containing an updated cost estimate
for decommissioning and removal.
(b)
Annual report. The commercial solar system shall on a yearly
basis provide the Town Building Inspector a report showing the rated
capacity of the system, and the amount of electricity that was generated
by the system and transmitted to the grid over the most recent twelve-month
period. The report shall also identify any change in ownership of
the solar power system and/or the land upon which the system is located.
The annual report shall be submitted no later than 45 days after the
end of the calendar year. Every third year, to coincide with the filing
of evidence of financial security, the annual report shall also include
a recalculation of the estimated full cost of decommissioning and
removal of the commercial solar system. The Town may require an adjustment
in the amount of the surety to reflect any changes in the estimated
cost of decommissioning and removal.
(11)
The term of the special use permit shall remain valid for a
period of five years from the time the permit is issued.
G.
Solar in historic districts or on historic structures.
(1)
Notwithstanding the foregoing, roof-mounted solar collection
systems, ground-mounted solar collection systems, and BIPV systems
are permitted by special use permit in historic districts and on historic
structures, subject to compliance with this section and the following
additional criteria:
(a)
Solar panels shall not alter an historic site's character-defining
features, or be placed within view of a public right-of-way.
(b)
All modifications to an historic site must be entirely reversible,
allowing alterations to be removed or undone to reveal the original
appearance of the site.
(c)
Exposed solar energy equipment must be consistent with the color
scheme of the underlying structure.
H.
Severability. If any part or section of this section shall be held
to be invalid, the remaining provisions thereof shall not fail but
shall remain in full force and effect.
