Town of Owasco, NY Article IV Use Regulations

§ 150-16 Applicability of regulations.

Except as provided by law or in this chapter, in each district, no building, structure or land shall be used or occupied except for the purposes permitted in § 150-20 and for the zoning districts so indicated.

§ 150-17 Uses by right or special permit and uses not permitted.

A. A use listed in § 150-20 is permitted by right in any district denoted by the letter "P," subject to such requirements as may be specified in § 150-20 and after a zoning permit has been issued in accordance with Article IX.

B. A use listed in § 150-20 may be permitted by special permit in any district denoted by the letters "SP," provided that the Board of Appeals authorizes the issuance of a zoning permit by the Zoning Officer, subject to the requirements of §§ 150-20 and 150-61 and the other requirements of this chapter.

C. A use listed in § 150-20 is not permitted in any district denoted by the letter "N."

§ 150-18 Applicability of other provisions.

Uses permitted by right or by special permit shall be subject, in addition to use regulations, to such regulations of yard, lot size, lot width, building area, provisions for off-street parking and loading and to such other provisions as are specified in other articles hereof.

§ 150-19 Prohibited uses; exception in Planned Development District.

Any uses not expressly stated and permitted in § 150-20 are prohibited in the Town of Owasco, except as provided in Article III, Planned Development Districts.

§ 150-20 Additional lakeshore regulations; Table of Use Regulations.

A. Additional regulations for all uses in the Lakeshore District shall be:

(1) Docks built on floats, columns, open timber piles or similar open-work supports are allowed, provided that they meet the requirements of the New York State Department of Environmental Conservation (§ 15-0505 of the Environmental Conservation Law).

(2) All structures shall be in conformance with the requirements of the Federal Flood Insurance Program.[1]

[1] Editor's Note: For related provisions, see Ch. 78, Flood Damage Prevention.

(3) Lakeshore District Development shall be subject to special provisions of § 150-51.

B. Table of Use Regulations.

[Amended 6-14-1990 by L.L. No. 2-1990; 9-11-1997 by L.L. No. 2-1997; 9-9-2004 by L.L. No. 2-2004; 10-14-2010 by L.L. No. 5-2010]

			Districts
Principal Uses			AR	R	L
Agricultural Uses
	Tilling of soil		P	P	P
	Keeping or raising of livestock, small animals or poultry on farms, except that household pets shall be permitted in all districts		P	N	N
	Greenhouse, provided that any retail sales of commodities associated with a greenhouse in the AR District shall be produced on the premises		P	N	N

			Districts
Principal Uses			AR	R	L
Residential Uses
	1-family detached dwelling on a separate lot and occupied by not more than 1 family		P	P	P
	2-family dwelling, provided that the lot area per family shall not be less than the minimum lot required for the district in which such lot is situated		P	P	P
	Conversions. One-family dwelling converted for occupancy by not more than 2 families, subject to the following conditions:		SP	SP	SP
		The lot area per family should not be reduced thereby to less than that required for the district in which such lot is situated.
		The yard, building area and other applicable requirements for the district shall not be reduced thereby.
		No structural alteration of the building exterior shall be made except as may be necessary for purposes of safety.

			Districts
Principal Uses			AR	R	L
Institutional, Recreational and Educational Uses
	Cemetery		SP	SP	SP
	Church, parish house, convent and other housing for religious personnel, subject to the following provisions:		SP	SP	SP
		Minimum lot size shall be 3 acres.
		Maximum height of principal building shall be 50 feet.
		Maximum height of accessory building shall be 20 feet.
		All buildings shall be not less than 100 feet from any lot line.
		Completely detached buildings on the same lot shall not be less than 20 feet from one another.
	Religious, sectarian and nonsectarian, denominational, private or public school, not conducted as a private gainful business, subject to the following provisions:		SP	SP	SP
		Minimum lot size shall be 3 acres.
		Maximum height of principal building shall be 50 feet.
		Maximum height of accessory buildings shall be 20 feet.
		All buildings shall be not less than 100 feet from any lot line.
		Completely detached buildings on the same lot shall be not less than 20 feet from one another.
	Recreational facility owned or operated by the Town or other governmental unit		P	P	P
	Park or recreation area wherein the chief activity shall consist of outdoor recreation owned and operated by a not-for-profit organization, subject to the following provisions:		SP	SP	SP
		All buildings shall be not less than 100 feet from any lot line.
		All lighting shall be shielded in order not to shine upon abutting properties.
		A buffer planting strip along side and rear property lines no less than 10 feet in width shall be required along the perimeter of the lot. This buffer strip shall be composed of interlocking trees and foliage and other appropriate ground cover. The maintenance of this buffer strip shall be a continuing obligation of the owner of said area.
	Public building owned or operated by the Town, county state or federal government		P	P	P
	Library		SP	SP	SP
	Riding academy and boarding stables subject to the provisions of § 150-20.1 and the following provisions:		SP	N	N
		Minimum lot size shall be 10 acres.
		No stable shall be less than 100 feet from any lot line.
		A fence shall shield any refuse disposal.
	Private club or lodge for members only and operated not-for-profit, subject to the following provisions:		SP	SP	SP
		Minimum lot size shall be no less than 3 acres.
		All buildings shall be not less than 100 feet from any lot line.
	Licensed hospital or other licensed establishment for the care of the sick, aged, crippled, mentally ill or convalescent persons, children's home or orphanage subject to the following provisions:		SP	SP	N
		Minimum lot size shall be 3 acres.
		All buildings shall be not less than 100 feet from any lot line.
		Maximum height of principal building shall be 50 feet.
		Maximum height of accessory building shall be 20 feet.
		Frontage shall be on a state or county road.

			Districts
Principal Uses			AR	R	L
Utilities and Communications Uses
	Transformer station, substation, pumping station or automatic telephone exchange, subject to the following provisions:		P	P	P
		Such public service structure shall be permitted only if it is essential to service such districts.
		No public business office or any storage yard or storage building shall be operated.
		Suitable landscaping shall be installed.
	Fire station		P	P	P
	Commercial antenna, micro relay station, etc., subject to the provisions of § 150-20.2 and the following additional provisions.		SP	SP	SP
		Minimum lot size shall be 1 acre.
		No supporting wires shall be closer than 50 feet to any lot line.
		Suitable landscaping shall be installed.
	HAM electronic, receiving and transmitting equipment, subject to the following provisions:		SP	SP	SP
		Such structure shall not be located in any front or side yard.
		Such structure shall not be located closer than 30 feet to any rear yard line.
		No such structure shall exceed a height of 20 feet.
	Wind generator, subject to the following provisions:		SP	SP	SP
		Such structure shall not be located in any front or side yard.
		Such structure shall not be located closer than 30 feet to any rear yard line.
		Such structure shall not exceed a height of 20 feet.

			Districts
Principal Uses			AR	R	L
Miscellaneous Uses
	Race tracks (See § 150-20.3)		N	N	N
	Commercial kennels		N	N	N

			Districts
Principal Uses			AR	R	L
Wind Energy Conversion Systems
	Wind generator, subject to the following:
		Such structure shall not be located in any front yard or side yard. Such structure shall not be located closer than the total height of the WECS to any property line.	SP	SP	SP

			Districts
Accessory Uses			AR	R	L
Customary home occupation for gain. A "home occupation" is an activity that conforms to the following regulations:			P	P	P
	The home occupation shall be carried on wholly indoors and within the principal building or within a building or other structure accessory thereto.
	There shall be no use of show windows or display or advertising visible outside the premises to attract customers or clients other than home occupation announcement signs as permitted.
	There shall be no exterior storage of materials.
	No external alterations, additions or changes to the structure shall be permitted in order to accommodate or facilitate a home occupation if such in any way alter the residential character of the building.
	No articles shall be sold or offered for sale except such as may be produced on the premises or as may be transported in the owner's automobile.
	No repetitive servicing by truck for supplies and material shall be required.
	The home occupation shall be carried on only by members of the immediate family residing in the dwelling unit, plus not more than 1 employee.
	The floor area devoted to a home occupation shall not be more than 25% of the ground floor area of the principal residential structure or 500 square feet, whichever is less.
Bed-and-breakfast inns subject to the provisions of § 150-20.4			SP	SP	SP
Unattached accessory structures, including but not limited to noncommercial greenhouses, toolsheds, private garages or swimming pools, shall be erected only in accordance with the following restrictions:			P	P	P
	Accessory structures with less than 120 square feet of floor area shall not be located closer than 5 feet to the side or rear property lines. Accessory structures with 120 or more square feet of floor area shall be located at least 10 feet from the side or rear property lines. Where a side or rear lot line is adjacent to a street, the distance from the accessory structure to the lot line shall be the minimum of 50 feet or, other provisions of this Code notwithstanding, the average of the distances from the lot lines to the accessory structures located on the lots next thereto on either side, but in no case shall this distance be less than 20 feet.
	No accessory structure shall exceed 20 feet in height.
	No accessory structure over 3 feet in height shall be located in a front yard except that pillars, pylons or columns with lamps attached thereto for the purpose of illuminating and/or marking the entrance of a driveway may be constructed or erected in the front yard, provided: (a) the footprint of said pillar, pylon or column shall not exceed 4 square feet in area, (b) the height excluding the lamp shall not exceed 4 feet, (c) the structure shall not be located within a public right-of-way or in a location so as to obstruct or interfere with the line of sight for drivers of motor vehicles using the driveway on the parcel, the driveways of adjoining lots or the public street, and (d) the lamp shall not create a hazardous glare that would prevent the safe operation of motor vehicles along the adjoining street.
Drive-in stand not exceeding 40 square feet of gross floor area for the sale of farm, nursery or greenhouse products produced on the premises where offered for sale, subject to the following provisions:			SP	SP	SP
	The stand may be in the front yard but shall not be within the street lines.
	The location shall not be within 50 feet of any intersection.
	Parking for vehicles shall be provided off the street pavement.
	See also §§ 150-26 and 150-30A(9).
Fences, walls, landscaping materials, subject to the traffic visibility requirements and provisions of § 150-25.			P	P	P
Off-street parking, subject to the provisions and requirements of Article VI.
Signs, subject to the provisions and requirements of Article VII.

	Districts
Miscellaneous Uses	AR	R	L
The taking of minerals, petroleum products, natural gas or other natural resources	SP	N	N
The harboring of horses in the Residential and Lakeshore Districts, subject to the provisions of § 150-20.1	SP	SP	SP
Commercial kennels, provided the parcel is not less than 5 acres in size and the structures that house the animals and the fenced areas which confine the animals are not closer than 150 feet to any lot line and said structures and fenced areas are screened from view from the adjoining properties be a fence or interlocking shrubbery at least 6 feet in height.	SP	N	N
Race tracks (See § 150-20.3)	N	N	N
Petting zoo (See § 150.20.1)	SP	N	N

§ 150-20.1 Harboring animals.

[Added 9-9-2004 by L.L. No. 2-2004]

A. The keeping of any poultry or fowl or any horses, cattle, hogs, sheep, goats, rabbits, or other fleece-bearing or fur-bearing animals or other animals on any parcel in the Town shall be prohibited except on farms located in the Agricultural-Residential District unless otherwise permitted by a special use permit as set forth in this section.

[Amended 6-22-2023 by L.L. No. 3-2023]

B. Keeping of animals permitted by a special use permit.

[Amended 6-22-2023 by L.L. No. 3-2023]

(1) Keeping of horses.

(a) Horse riding academies and boarding stables. The Town Planning Board may approve, by special use permit, horseback riding academies and horse boarding stables as a principal use in the Agricultural-Residential District, provided the parcel is 10 acres or more in size.

(b) Keeping of horses in the Residential District. The Town Planning Board may approve by special use permit the keeping of horses on residential properties in the Residential District as an accessory use, provided that a minimum of five acres of open space (pasture and corral space combined) is maintained and utilized exclusively for the harboring of horses thereon.

(c) Maximum number of horses that may be kept:

Amount of Open Space Maintained Exclusively for the Horse(s) (acres)	Maximum Number of Horses That May Be Kept
5	3
Each additional over 5	1 additional

(2) Petting zoos. The Town Planning Board may approve a special use permit for the operation of a commercial or noncommercial petting zoo as an accessory use on farms located within the Agricultural-Residential District, provided such farms are within a Cayuga County Agricultural District and provided such petting zoos are accessory and subordinate to the farm operation.

C. Exemptions. The prohibition against the harboring of rabbits and potbelly pigs in the Residential District shall not apply if such animals are kept as house pets and are boarded inside the residence overnight.

§ 150-20.2 Telecommunications facility.

[Added 9-9-2004 by L.L. No. 2-2004; amended 6-22-2023 by L.L. No. 3-2023]

A. Purpose and intent.

(1) The Town of Owasco finds that the improper siting, placement, or construction of wireless telecommunications facilities may pose significant concerns to the health, safety, public welfare, character, and environment of the Town and its inhabitants.

(2) The Town of Owasco also finds that the development of wireless service technology can be an economic development asset to the Town and of significant benefit to the Town and its residents.

(3) The purpose of these supplemental regulations is to minimize impact of wireless telecommunications facilities and promote the health, safety, and general welfare of the residents of the Town of Owasco by providing standards for the safe provision of telecommunications consistent with applicable federal and state regulations; to minimize the total number of telecommunications towers in the community by encouraging shared use of existing and future towers, and the use of existing tall buildings and other high structures; and to minimize adverse visual effects from telecommunication towers by requiring careful siting, visual impact assessment, and appropriate landscaping.

B. General criteria. No special use permit or renewal thereof or modification of a current special use permit relating to a telecommunications facility shall be authorized by the Town Planning Board unless it finds that the special use permit application for such telecommunications facility, in addition to all other required information as stated in §§ 150-72.1 through 150-72.4, complies with the supplemental standards and provisions hereinafter set forth:

(1) Applicant shall provide a descriptive statement of the objective(s) for the new facility or modification, including and expanding on a need such as coverage and/or capacity requirements;

(2) Applicant shall provide documentation that demonstrates and proves the need for the wireless telecommunications facility to provide service primarily and essentially within the Town. Such documentation shall include propagation studies of the proposed site and all adjoining planned, proposed, in-service, or existing sites that demonstrate a significant gap in coverage and/or, if a capacity need, include an analysis of current and projected usage;

(3) Applicant shall provide documentation that the wireless telecommunications facility conforms with all applicable regulations promulgated by the Federal Communications Commission, Federal Aviation Administration, and other federal agencies;

(4) Applicant shall provide a visual impact assessment that demonstrates the wireless telecommunications facility is designed and constructed is a manner which minimizes visual impact to the extent practical;

(5) Is the most appropriate site among those available within the technically feasibly areas for the location of a telecommunications facility;

(6) When including the construction of a new tower, applicant shall provide documentation that demonstrates such tower is designed to accommodate future shared use by at least one other telecommunications service provider. Any subsequent location of telecommunications equipment by other service providers on existing towers specifically designed for shared use shall not require a new or modified special use permit if there would be no increase in the height of the tower. However, the additional equipment will require site plan review.

C. Colocation.

(1) The shared use of existing telecommunications facilities or other structures shall be preferred to the construction of new facilities. Any special use permit applications, renewal or modification thereof shall include proof that reasonable efforts have been made to collocate within an existing telecommunications facility or upon an existing structure. The application shall include an adequate inventory report specifying existing telecommunications facility sites and structures exceeding 75% of the height of the proposed tower within the search range of the cell grid. The inventory report shall contain an evaluation of opportunities for shared use as an alternative to the proposed location.

(2) The applicant must demonstrate that the proposed telecommunications facility cannot be accommodated on existing telecommunications facility sites in the inventory due to one or more of the following reasons:

(a) The planned equipment would exceed the structural capacity of existing and approved telecommunications facilities or structures, considering existing and planned use for those facilities.

(b) The planned equipment would cause radio frequency interference with other existing or planned equipment, which cannot be reasonably prevented.

(c) Existing or approved telecommunications facilities or other structures do not have space on which proposed equipment can be placed so it can function effectively and reasonably.

(d) Other technical reasons make it impracticable to place the equipment proposed by the applicant on existing facilities or structures.

(e) The property owner or owner of the existing telecommunications facility or other structure refuses to allow such collocation.

D. Dimensional standards.

(1) A fall zone around any tower constructed as part of a telecommunications facility must have a radius at least equal to the height of the tower and any antenna(s) attached upon its zenith. The entire fall zone may not include public roads and must be located on property either owned or leased by the applicant or for which the applicant has obtained an easement and may not contain any structure other than those associated with the telecommunications facility. If the facility is attached to an existing structure, relief may be granted by specific permission of the Zoning Board of Appeals on a case-by-case basis.

(2) All telecommunications facilities shall be located on a single parcel.

(3) All telecommunications facilities shall comply with the setback standards of the underlying zoning district. The size of the leased or owned lot shall be, at a minimum, sufficiently large to include the entire fall zone. A lot leased or owned for the purpose of construction of a tower as part of telecommunications facility shall not result in the creation of a nonconforming lot.

(4) The frontage requirement of the under lying zoning district shall not apply, provided the telecommunications facility is not proposed on a parcel to be partitioned specifically for the facility and/or is designed for occupancy by staff. In the absence of required frontage, an accessway for service vehicles, either through easement, lease or owner ship, shall be in accord with Subsection G herein.

E. Lighting and marking.

(1) Towers shall not be artificially lighted and marked beyond requirements of the Federal Aviation Administration.

(2) Notwithstanding Subsection E(1) above, an applicant may be compelled to add FAA-style lighting and marking, if, in the judgment of the Zoning Board of Appeals, such a requirement would be of direct benefit to public safety.

F. Appearance and buffering.

(1) The use of any portion of a telecommunications facility for signs, promotional or advertising purposes, including, but not limited to, company name, phone numbers, banners, streamers, and balloons is prohibited.

(2) The facility shall have the least practical visual effect on the environment, as determined by the Zoning Board of Appeals. Any tower that is not subject to FAA marking, pursuant to Subsection E(1) and (2) of this section shall otherwise:

(a) Have a galvanized finish, or shall be painted gray above the surrounding tree line and gray or green below the tree line, as deemed appropriate by the Planning Board; or

(b) Be disguished or camouflaged to blend in with the surroundings, to the extent that such alteration does not impair the ability of the facility to perform its designed function.

(3) Accessory structures shall maximize the use of building materials, colors, and textures designed to blend in with the natural surroundings.

(4) The Town Planning Board may require a State Environmental Quality Review (SEQR) full EAF (environmental assessment form) for proposed facilities at key viewpoints in the community. A visual environmental assessment form (visual EAF) may be required as an addendum to either the full or short EAF. The Town Planning Board may require submittal of a more detailed visual analysis based on the results of the visual EAF.

(5) The Town Planning Board shall require that the facility have appropriate vegetative buffering around the fences of the tower base area, accessory structures and the anchor points of guyed towers to buffer their view from neighboring residences, recreation areas, or public roads. Such screening shall include the maximum feasible retention of existing vegetation. The Town Planning Board may similarly require screening adjacent to waterways, landmarks, refuges, community facilities, or conservation or historic areas within common view of the public.

G. Access and parking.

(1) Accessways shall make maximum use of existing public or private roads to the extent practicable. New accessways constructed solely for telecommunications facilities must be at least 20 feet, but no more than 30 feet, in width, and closely follow natural contours to assume minimal visual disturbance and reduce soil erosion potential.

(2) The road surface (driveways) shall be centered within accessways and shall not comprise more than 60% of the width of the accessway.

(3) Parking areas shall be sufficient to accommodate the greatest number of service vehicles expected on the premises at any one time.

(4) Driveways or parking areas shall provide adequate interior turnaround, such that service vehicles will not have to back out onto a public thoroughfare.

H. Security.

(1) Towers, anchor points of guyed towers, and accessory structures shall each be surrounded by fencing at least eight feet in height, the top foot of which may, at the discretion of the Town Planning Board in deference to the character of the neighborhood, be comprised of three-strands of barbed wire to discourage unauthorized access to the site.

(2) Motion-activated or staff-activated security lighting around the base of a tower or accessory structure entrance may be provided if such lighting does not project off the site. Such lighting should only occur when the area within the fenced perimeters has been entered.

(3) There shall be no permanent climbing pegs within 15 feet of the ground of any tower.

(4) A locked gate at the junction of the accessway and a public thoroughfare may be required to obstruct entry by unauthorized vehicles. Such gate must not protrude into the public right-of-way.

I. Engineering and maintenance.

(1) Site plans for all telecommunications facilities must bear the seal of a professional engineer licensed to practice in the State of New York. Every facility shall be built, operated, and maintained, to acceptable industry standards, including, but not limited to, the most recent, applicable standards of the Institute of Electric and Electronic Engineers (IEEE) and the American National Standards Institute (ANSI).

(2) Every facility shall be inspected at least every second year for structural integrity by a New York State licensed engineer. A copy of the inspection report shall be submitted to the Zoning Enforcement Officer.

(3) A safety analysis by a qualified professional must accompany any special use permit or site plan application, renewal thereof, or modification, for the purpose of certifying that general public electromagnetic radiation exposure does not exceed standards set by federal regulations.

(4) The Town, at the expense of the applicant, may retain such consultants as it deems to be properly experienced, qualified, and necessary to assist the Town Planning Board in reviewing and evaluating any application for a wireless telecommunications facility including but not limited to safety analysis, visual analysis, or structural inspection.

J. Removal.

(1) At the time of submittal of the application of a special use permit for a telecommunications facility, the applicant shall submit an agreement to remove all antennas, driveways, structures, buildings, equipment sheds, lighting, utilities, fencing, gates, accessory equipment or structures, as well as any tower(s) dedicated solely for use within a telecommunications facility if such facility becomes technologically obsolete or ceases to perform its originally intended function for more than 12 consecutive months. Upon removal of said facility, the land shall be restored to its previous conditions, including, but not limited to, the seeding of exposed soils.

(2) At the time of obtaining a building permit, the applicant must provide a financial security bond for the removal of the telecommunications facility and property restoration, with the municipality as the assignee, in an amount approved by the Town Planning Board, but not less than $100,000.

(3) At the time of renewal or modification of the special use permit, the Town Planning Board may adjust the required amount of the financial security bond to adequately cover increases in the cost of removal of the telecommunications facility and property restoration.

§ 150-20.3 Race tracks.

[Added 9-9-2004 by L.L. No. 2-2004]

A. Intent. The purpose of this section is to protect the public health and well-being by obviating public nuisances attending to the use of private property by the property owner or the property owner's family members or guests as formal or informal race tracks for the operation of motor vehicles.

B. Definitions. The following definitions used in this section shall have the following meanings:

MOTOR VEHICLE

Any vehicle propelled by an internal combustion motor or engine including, but not limited to, automobiles, midget automobiles, stock cars, trucks, tractor-trailers, motor homes, go-carts, motor scooters, motorcycles, snowmobiles, all-terrain vehicles, garden and lawn tractors, boats or any other similar type of vehicle. Electrically driven wheelchairs being operated or driven by a person with a disability is not included in this definition.

RACE TRACK

Any ground, area or track upon which motor vehicles, as defined in this section, are used for racing contests or demonstrations of skills and stunts.

C. Prohibition of race tracks. The formal or informal use of any property within the Town of Owasco as a race track shall be prohibited, but the recreational use of motor vehicles on one's own property shall not be prohibited, provided such motor vehicles are equipped with fully functional mufflers.

§ 150-20.4 Bed-and-breakfast inns.

[Added 9-9-2004 by L.L. No. 2-2004; amended 6-22-2023 by L.L. No. 3-2023]

The Town Planning Board may approve a special use permit for bed-and-breakfast inns as an accessory use in the AR Agricultural-Residential, R Residential, and Lakeshore Districts, provided the following standards and provisions are maintained:

A. The building proposed for occupancy as a bed-and-breakfast inn shall be a single-family dwelling with no more than five lodging rooms for hire.

B. The operator of the bed-and-breakfast inn shall reside in the dwelling while lodging rooms are occupied.

C. The dwelling shall not be altered in a manner that would cause the premises to differ from its residential character by the use of colors, materials, constructions, or lighting, nor shall any extensions or additions to the dwelling be made for the purpose of renting such a space for overnight lodging.

D. Outbuildings detached from the principal dwelling shall not be used for lodging.

E. A minimum of one off-street parking space shall be provided for each rentable unit, in addition to the minimum number of parking spaces required for a single-family dwelling. No such parking spaces shall be located in the front yard area, and each space shall be not less than 10 feet by 20 feet in size.

F. One unanimated flat, or window sign and one unanimated, freestanding sign, each not to exceed four square feet per side, shall be permitted. Illuminated signs may be permitted subject to the review and approval of the Town Planning Board, provided such signs comply with Article VII of this chapter.

G. No bed-and-breakfast inn shall be permitted where access is provided by a shared driveway.

H. Each rentable room shall be equipped with a functioning smoke detector.

I. Lodging shall not be provided to the same person or persons for more than 30 days per calendar year.

J. Each bed-and-breakfast inn shall comply with the Cayuga County Sanitary Code and the Codes of New York State.

§ 150-20.5 Wind energy conversion systems.

[Added 10-14-2010 by L.L. No. 5-2010]

A. Purpose. The Town Board of the Town of Owasco adopts this section to promote the effective and efficient use of wind energy conversion systems (WECSs) and to regulate the placement of wind energy conversion systems so that the public health and safety will not be jeopardized.

B. Findings.

(1) The Town Board of the Town of Owasco finds and declares that wind energy is an abundant, renewable and nonpolluting energy resource of the town and that its conversion to electricity will reduce our dependence on nonrenewable energy sources and decrease the air and water pollution that results from the use of conventional energy sources.

(2) The Town Board of the Town of Owasco further finds and declares that:

(a) Wind turbines that convert wind energy to electricity are currently available on a commercial and residential basis from many manufacturers.

(b) The generation of electricity from properly sited wind turbines can be cost effective, and in many cases existing power distribution systems can be used to transmit electricity from wind-generating stations to utilities or other users.

(c) Regulation of the siting and installation of wind turbines is necessary for the purpose of protecting the health and safety of neighboring property owners and the general public.

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

OVERSPEED CONTROL

A mechanism used to limit the speed of blade rotation to below the design limits of the WECS.

SITE

The plot of land where the WECS is to be placed.

SWEPT AREA

The largest area of the WECS that extracts energy from the wind stream. In a conventional propeller-type WECS, there is a direct relationship between swept area and the rotor diameter.

TOTAL HEIGHT

The height of the tower and the furthest vertical extension of the WECS measured from the finished grade.

WIND ENERGY CONVERSION SYSTEM

A machine that converts the kinetic energy in the wind into a usable form of mechanical or electrical energy (commonly known as a "wind turbine" or "windmill"). The WECS includes all parts of the system except the tower and the transmission equipment; the turbine or windmill may be on a horizontal or vertical axis, rotor or propeller.

D. Special permit required for installation. Installation of wind energy conversion systems shall require the granting of a special permit in accordance with § 150-62.

E. Requirements. Wind energy conversion systems shall be permitted in all zoning districts, subject to the following requirements:

(1) WECS size shall be limited to a maximum of two KW in the Lakeshore and Residential Districts.

(2) Building permit application for wind energy conversion systems shall be accompanied by a site plan drawn in sufficient detail to clearly describe the following:

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

(b) Location, approximate dimensions and types of existing structures and uses on site.

(c) Location and elevation of the proposed WECS.

(d) Location of all aboveground utility lines on site or within one radius of the total height of the WECS.

(e) Location and size of structures and trees above 35 feet within a five-hundred-foot radius of the proposed WECS. For purposes of this requirement, electrical transmission and distribution lines, antennas and slender or open-lattice towers are not considered structures.

(f) Show the zoning designation of immediate and adjacent sites.

(g) Include make, model, picture and manufacturer's specifications, including noise rating in decibels.

F. General provisions. Installation of all wind energy conversion systems shall comply with the following requirements:

(1) WECS size. This chapter covers all WECSs.

(2) Compliance with Uniform Building Code.[1]

(a) Building permit applications shall be accompanied by standard drawings of the structural components of the wind energy conversion system, including support structures, tower, base and footings. Drawings and any necessary calculations shall be certified, in writing, by a New York State registered professional engineer that the system complies with the New York State Fire Prevention and Building Code. This certification would normally be supplied by the manufacturer.

(b) Where the structural components or installation vary from the standard design or specification, the proposed modifications shall be certified by a New York State registered professional engineer for compliance with the seismic and structural design provisions of the New York State Fire Prevention and Building Code.

[1] Editor's Note: See Ch. 50, Building Construction and Fire Prevention.

(3) Compliance with National Electrical Code.

(a) Building permit applications shall be accompanied by a line drawing identifying the electrical components of the wind energy conversion system to be installed in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code. The application shall include a statement from a New York State registered professional engineer indicating that the electrical system conforms with good engineering practices and complies with the National Electrical Code. This certification would normally be supplied by the manufacturer. All equipment and materials shall be used or installed in accordance with such drawings and diagrams.

(b) Where the electrical components of an installation vary from the standard design or specifications, the proposed modifications shall be reviewed and certified by a New York State registered professional engineer for compliance with the requirements of the National Electrical Code and good engineering practices.

(4) Rotor safety. Each wind energy conversion system must be equipped with both manual and automatic controls to limit the rotational speed of the blade below the design limits of the rotor. The application must include a statement by a New York State registered professional engineer certifying that the rotor and overspeed controls have been designed and fabricated for the proposed use in accordance with good engineering practices. The engineer should also certify the structural compatibility of possible towers with available rotors. This certification would normally be supplied by the manufacturer and include the distance and trajectory of the thrown blade from an exploding turbine or propeller according to the Loss of Blade Theory.

(5) The WECS shall be set back from the property line and structures at least the total height of the WECS. In cluster setups, the distance between WECSs shall be three times the length of the longest blade.

(6) Tower access.

(a) Towers should have either:

[1] Tower-climbing apparatus located no closer than 12 feet from the ground;

[2] A locked anticlimb device installed on the tower; or

[3] The tower shall be completely enclosed with a door that can be locked; or

[4] Be completely free of any climbing apparatus.

(b) If the above protective devices are absent, then the tower will be protected by a fence at least six feet high.

(7) Noise. The WECS shall meet the requirements of any existing noise ordinance of the Town of Owasco.

(8) Electromagnetic interference. The wind energy conversion system shall be operated such that no disruptive electromagnetic interference is caused. If it has been demonstrated to a Code Enforcement Officer that a wind energy conversion system is causing harmful interference, the operator shall promptly mitigate the harmful interference.

(9) Signs. At least one sign shall be posted at the base of the tower warning of electrical shock or high voltage.

(10) Height. Maximum total height of the WECS shall be 35 feet in the Lakeshore and Residential Districts.

(11) Abatement. If a wind energy conversion system or systems are not maintained in operational condition for a period of one year and pose a potential safety hazard, the owner or operator shall take expeditious action to remedy the situation. The Town of Owasco reserves the authority to abate any hazardous situation and to pass the cost of such abatement on to the owner or operator of the system. If the Town of Owasco determines that the WECS or its tower has been abandoned and poses a safety hazard, the system shall be removed within 45 days of written notice to the owner or operator of the system.

(12) Liability insurance. The applicant, owner, lessee or assignee shall maintain a current insurance policy which will cover installation and operation of the wind energy conversion system at all times. Said policy shall provide a minimum of $300,000 in property and personal liability coverage.

(13) Lighting of tower. Lighting of the tower and the WECS for aircraft and helicopter will conform to FAA standards for height, wattage and color.

(14) SEQR review must be completed.

(15) All power transmission lines from a WECS and tower to any building or other structure shall be located underground.

(16) No television, radio or other communication antenna may be affixed or otherwise made a part of a WECS or tower.

G. Penalties for offenses. Any person who violates any provision of this section shall be guilty of a violation and subject to a fine of not more than $250, imprisonment not to exceed 15 days, or both such fine and imprisonment.

§ 150-20.6 Solar energy systems.

[Added 6-22-2023 by L.L. No. 2-2023]

A. Intent. This section regulates and promotes the safe, effective and efficient use of installed solar energy systems in order to encourage renewable energy systems and a sustainable lifestyle, while protecting the health, safety and welfare and minimizes the adverse impact on the adjacent and surrounding neighboring properties.

B. Statement of purpose. This solar energy section is adopted as a new section in Chapter 150 Zoning, of the Code of the Town of Owasco to advance and protect the public health, safety and welfare of the Town of Owasco, including, but not limited to:

(1) To take advantage of a safe, abundant, renewable and nonpolluting energy resource;

(2) To foster low-impact development of sites that are otherwise challenging to develop located near existing substations;

(3) To broaden the economic tax base without further depleting or drawing on limited resources;

(4) To lessen the impacts of solar energy systems on environmental resources such as important agricultural lands, forests, wildlife, and other protected resources, including, but not limited to, scenic byways and view sheds; and

(5) To create synergy between solar and other community goals pursuant to the Town's Comprehensive Plan, such as to responsibly and safely create vibrant neighborhoods, manage land uses, create and preserve walkable areas and recreation spaces, and encourage investment in the Town.

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

ACTIVE FARMLAND

Land used for a farm operation in accordance with Agriculture and Markets Law § 301 uses of which include production of crops, livestock, and livestock products within the past five years.

APPLICANT

Applicant shall include all owners and operators, including their successors and assigns, and any person, partnership, or entity responsible for submitting a site plan application for review, or otherwise being responsible for compliance with the terms, conditions, and requirements of this section.

ARRAY

Any number of electrically connected photovoltaic (PV) modules providing a single electrical output.

BUILDING

A structure wholly or partially enclosed within exterior walls, or within exterior party walls, and a whole or partial roof, affording shelter to persons, machinery, equipment or property.

BUILDING DEPARTMENT

The building and Code Enforcement Office of the Town of Owasco.

BUILDING-INTEGRATED SYSTEM

A solar photovoltaic system that is constructed as an integral part of a principal or accessory building or structure and where the building-integrated system features maintain a uniform profile or surface of vertical walls, window openings, and roofing. Such a system is used in lieu of a separate mechanical device, replacing or substituting for an architectural or structural component of the building or structure that appends or interrupts the uniform surfaces of walls, window openings and roofing. A building-integrated system may occur within vertical facades, replacing view glass, spandrel glass or other facade material; into semitransparent skylight systems; into roofing systems, replacing traditional roofing materials; or other building or structure envelope systems.

BUILDING-MOUNTED SYSTEM

A solar photovoltaic system attached to any part or type of roof on a building or structure that has an occupancy permit on file with the Town of Owasco and that is either the principal structure or an accessory structure on a recorded lot. This system also includes any solar-based architectural elements.

DRIPLINE

The outermost edge of a roof, including eaves, overhangs and gutters.

FARM OPERATION

Land and on-farm buildings, equipment, facilities, and practices which contribute to the production, preparation, and marketing of crops, livestock, and livestock products as a commercial enterprise [in accordance with Agriculture and Markets Law § 301 Subdivision 11].

FARMLAND OF STATEWIDE IMPORTANCE

A land, in addition to prime and unique farmlands, that is of statewide importance for the production of food, feed, fiber, forage, and oil seed crops as determined by the appropriate state agency or agencies. Farmlands of statewide importance may include tracts of land that have been designated for agriculture by state law.

FLOODPLAIN

Any jurisdictional or mapped floodplain identified by the Department of Environmental Conservation or on jurisdictional floodplain and FEMA/FIRM maps.

GLARE

Harsh bright light to a receptor location resulting from the reflection of sunlight from photovoltaic (PV) arrays, calculated based on sun position, solar orientation and tilt, reflectance, and environmental factors, which results in potential ocular hazard ranging from temporary afterimage to retinal burn, discomfort or loss in visual performance and visibility in any material respects.

GROUND-MOUNTED SYSTEM

A solar photovoltaic system that is anchored to the ground and mounted on a structure, pole or series of poles constructed specifically to support the photovoltaic system and not attached to any other structure, and the primary purpose of producing electricity or thermal energy for on-site or off-site use.

INTERCONNECTION

The technical and practical link between the solar generator and the grid providing electricity to the greater community.

KILOWATT (kW)

A unit of electrical power equal to 1,000 watts, which constitutes the basic unit of electrical demand. A watt is a metric measurement of power (not energy) and is the rate (not the duration) at which electricity is used. 1,000 kW is equal to 1 Megawatt (MW).

MEGAWATT (MW)

A unit of power equal to 1,000 kW.

MODULE

A module is the smallest protected assembly of interconnected PV cells.

NET METERING AGREEMENT

An agreement with a local electric utility that allows customers to receive credits for surplus electricity generated by certain renewable energy systems.

ON-FARM SOLAR ENERGY SYSTEM

A solar energy system located on a farm which is a "farm operation" (as defined by Article 25-AA of the Agriculture and Markets Law), which may include one or multiple contiguous or non-contiguous parcels in an agriculture district, which is designed, installed, and operated so that the anticipated annual total amounts of electrical energy generated do not exceed more than 110% of the anticipated annual total electrical energy consumed by the farm operation,

PRIME FARMLAND

Agricultural lands consisting of highly productive soils as identified by the United States Department of Agriculture-Natural Resources Conservation Service (USDA-NRCS) as land that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber, and oilseed crops, and is also available for these land uses (or as designated through alternative available resources such as the NYS Department of Agriculture and Markets Soil Groups 1 through 4). The parameters for prime farmland are national. Soils must meet specific criteria with respect to a number of soil properties, including temperature, moisture regime, erodibility, pH, water table, permeability, rock fragment content, and others as described in the National Soil Survey Handbook. Soils that are designated as prime farmland if drained met all the prime farmland criteria except for depth to seasonal high water table, and are suitable for drainage.

QUALIFIED SOLAR INSTALLER

A person who has skills and knowledge related to the construction and operation of solar electrical equipment and installations and has received safety training on the hazards involved. Persons who are on the list of eligible photovoltaic installers maintained by the New York State Energy Research and Development Authority (NYSERDA), or who are certified as a solar installer by the North American Board of Certified Energy Practitioners (NABCEP), shall be deemed to be qualified solar installers for the purposes of this definition.

REMOTE NET METERING

Allows solar photovoltaic owner generators to apply excess generation credits from the generator system ("host account") to other meters on property that is owned or leased by the same customer and are within the same load zone as the generator ("satellites").

ROOFTOP- OR BUILDING-MOUNTED SYSTEM

A solar power system in which solar panels are mounted on top of the structure of a roof either as a flush-mounted system or as modules fixed to frames which can be tilted toward the south at an optimal angle.

SEQRA

The New York State Environmental Quality Review Act and its implementing regulations in Title 6 of the New York Codes, Rules and Regulations, Part 617.

SITE

The parcel(s) of land where a solar energy system is to be placed. Where multiple adjacent lots are in joint ownership or use, the combined lots shall be considered as one for purposes of applying setback requirements. Any property which has a solar energy system located upon it or has entered an agreement for a solar energy system or a setback agreement shall not be considered off-site.

SOLAR COLLECTOR

A photovoltaic cell, panel or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat.

SOLAR EASEMENT

A document recorded pursuant to New York State Real Property Law § 335-b, the purpose of which is to secure the right to receive sunlight across real property of another for continued access to sunlight necessary to operate a solar energy system.

SOLAR ENERGY APPLICANT

Any person, firm, corporation or any other entity submitting an application to the Town of Owasco for a solar energy system.

SOLAR ENERGY EQUIPMENT

Solar collectors, controls, inverters, energy storage devices, and other materials and hardware, associated with the production of electrical or thermal energy from solar radiation.

SOLAR ENERGY SYSTEM

The components and subsystems required to convert solar energy into electric energy suitable for use. The term includes, but is not limited to, solar panels and solar energy equipment. A solar energy system is classified as a Tier 1, Tier 2A, Tier 2B, or Tier 3 solar energy system as follows:

(1) Tier 1 solar energy systems include the following:

(a) Building-mounted solar energy systems and/or building-integrated solar energy systems with an energy capacity of less than 25 kW.

(2) Tier 2A solar energy systems include the following:

(a) Ground-mounted solar energy systems with a total surface area of less than 2,000 square feet and with an energy capacity of less than 25kW.

(3) Tier 2B solar energy systems include the following:

(a) On-farm solar energy systems.

(4) Tier 3 solar energy systems include the following:

(a) Solar energy systems with a total surface area of 2,000 square feet or greater and with an energy capacity of 25 kW or greater.

(b) Solar energy systems that include a battery storage system, regardless of energy capacity.

SOLAR ENERGY SYSTEM OVERLAY DISTRICT

A floating zoning district as may be approved by the Owasco Town Council as set forth in accordance with provisions of the Zoning Code of the Town of Owasco.

SOLAR PANEL

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

SOLAR PHOTOVOLTAIC (PV) RELATED EQUIPMENT

Items including a solar photovoltaic cell, panel or array, lines, mounting brackets, framing and foundations used for or intended to be used for collection of solar energy.

SOLAR THERMAL SYSTEM

A system in which water or other liquid is directly heated by the sunlight. The heated liquid is then used for purposes such as space heating and cooling, domestic hot water and the heating of swimming pools.

SOLAR-BASED ARCHITECTURAL ELEMENT

Structural/architectural element(s) that provide protection from weather that includes awnings, canopies, porches or sunshades and that are constructed with the primary covering consisting of solar PV modules and may or may not include additional solar PV-related equipment.

STORAGE BATTERIES

Devices that store energy and make it available in an electrical form.

STRUCTURE

An assembly of materials located on or permanently affixed to the ground, directly or indirectly, usually including underground parts, such as a foundation, and above ground parts. A building is one type of structure.

TOWN

Town of Owasco, Cayuga County, New York.

TRACKING SYSTEM

A number of photovoltaic modules mounted such that they track the movement of the sun across the sky to maximize energy production, either with a single-axis or dual-axis mechanism.

D. Applicability.

(1) This section applies to all building-mounted, building-integrated, and ground-mounted systems installed and constructed after the effective date of the section.

(2) Solar energy systems constructed prior to the effective date of this section are not required to meet the requirements of this section.

(3) Any upgrade, modification or structural change that alters the size or placement of an existing solar energy system shall comply with the provisions of this section.

(4) The installation of any solar energy system does not carry with it a right to a clear line of sight to the sun. It shall be the responsibility of the applicant, installer, or developer to gain any and all solar easements or agreements to maintain a line of sight to the sun if necessary.

(5) The substantive requirements and standards for Tier 1, Tier 2A, Tier 2B, and Tier 3 solar energy systems set forth in this section are intended to apply to all projects with solar collectors and the enclosure and/or fence surrounding the solar energy system, including large projects subject to the siting authority of the New York State Board on Electric Siting and the Environment pursuant to New York State Executive Law § 94-c.

(6) All solar energy systems shall be designed, erected, and installed in accordance with all applicable codes, regulations and industry standards as referenced in the New York State Uniform Fire Prevention and building Code Act, the New York State Energy Conservation Code and the Town of Owasco Zoning Law. Such applicable industry standards include, but are not limited to: Institute of Electric and Electronic Engineers ("IEEE"); American National Standards Institute ("ANSI"); National Fire Protection Association (NFPA) National Electrical Code ("NEC").

E. Permitted locations. No solar energy system or device shall be installed or operated in the Town of Owasco except in compliance with this section.

Table 1. Summary of Permitted solar energy systems by Zoning District
Zoning District
Solar Energy System	AR	R	L	PDD	Applicable Subsections
Tier 1	P	P	P	P	A, B, C, D, E(1), F(1), G, H, I, J
Tier 2A	SUP	NP	NP	NP	A, B, C, D, E(2), F(2), G, H, I, J
Tier 2B	SUP	NP	NP	NP	A, B, C, D, E(2), F(2), G, H, I, J
Tier 3	FOD-S & SUP	FOD-S & SUP	NP	NP	A, B, C, D, E(3), F(3), G, H, I, J

P - Permitted, SUP-Special Use Permit with Site Plan, FOD-S - Floating Overlay District Requires Zone Change to solar energy system Overlay District and Special Use Permit with Site Plan, NP - Not Permitted

(1) Tier 1 solar energy systems.

(a) Tier 1 solar energy systems are permitted as an accessory use in all zoning districts when attached to any lawfully permitted building or structure.

[1] All applicants and owners of Tier 1 solar energy systems must file a building Permit application with the building Department, and obtain a valid building permit, prior to starting installations.

[2] All Tier 1 solar energy systems shall be exempt from the requirement for a special use permit unless such system does not meet the requirements of Subsection F(1).

(2) Tier 2A and 2B solar energy systems.

(a) Tier 2A and 2B solar energy systems are permitted through the issuance of a special use permit by the Town of Owasco Planning Board in the Agricultural/Residential zoning district on lots having a minimum size of three acres, except as may otherwise be detailed herein, and shall adhere to the following:

[1] All applicants and owners of Tier 2A and 2B solar energy systems must file a building permit application with the building Department, and obtain a valid building permit, prior to starting installations.

[2] All applicants and owners of Tier 2A and 2B solar energy systems must file a special use permit application with the Planning Board, and obtain a valid special use permit, prior to starting installations.

(b) Locating of ground-mounted Tier 2A and 2B solar energy systems avoids the following areas, unless special circumstances arise which create an unavoidable hardship to the applicant and an exception is granted by the Planning Board in conjunction with the special use permit approval process:

[1] Agricultural lands consisting of highly productive soils (i.e., prime farmland soils and soils of statewide importance) as identified by the United States Department of Agriculture-Natural Resources Conservation Service (USDA - NRCS) or alternative available resource (NYS Department of Agriculture and Markets Soil Groups 1 through 4). The Town will use the following hierarchy as a guide to encourage preservation of Prime Farmland soils:

[a] Not Prime Farmlands.

[b] Non-active Farmland: Prime Farmland if Drained.

[c] Non-active Farmland: Farmland of Statewide Importance and All Areas Are Prime Farmland.

[d] Active Farmland.

[2] Areas of potential environmental sensitivity, such as unique natural areas as designated by the Town of Owasco, Cayuga County Soil and Water Conservation District, Floodplains, historic sites, airports, state-owned lands, conservation easements, trails, parkland, prime soils, Owasco Lake viewsheds, and wetlands as identified by the New York State Department of Environmental Conservation or the United States Army Corps of Engineers.

[3] Areas with slopes of greater than 15%.

[4] Front yards of residential lots, if any aboveground portion of the system is within 100 feet of a public or private highway, road, street, and/or right-of-way, it being the intent of the Town of Owasco to encourage residential solar energy systems to be affixed to a building pursuant to Tier 1 standards whenever and wherever reasonably possible.

[5] Recreation areas and opens spaces designed for use by members of the public for recreation, hiking, biking, sporting events and similar activities, whether classified as preexisting nonconforming uses or specially permitted.

(3) Tier 3 solar energy systems.

(a) Zone change requirements. All parcels of real estate siting Tier 3 solar energy systems are required to obtain rezoning approval from the Owasco Town Council to a floating solar energy system Overlay District pursuant to Zoning Code of the Town of Owasco Article IIB.

F. Design, installation, removal, and permitting standards.

(1) Tier 1 solar energy systems - building mounted/integrated.

(a) Height and setback requirements.

[1] Tier 1 solar energy systems shall not exceed height limitations of the zoning district and shall adhere to the following:

[a] Any solar energy system installed on a pitched roof that faces the front yard of a property must be installed at the same angle as the roof on which it is installed with a maximum distance, measured perpendicular to the roof, of 18 inches between the roof and edge or surface of the system.

[b] A solar energy system installed on a sloped roof shall not allow the highest point of the system to exceed the highest point of the roof to which it is attached.

[c] A solar energy system installed on a flat roof shall not allow the highest point of the system to extend beyond six feet above the roof to which it is attached.

(b) Submittal requirements and fees.

[1] At the time of submittal of the application, at a minimum and unless waived by the Code Enforcement Officer, the Solar Energy applicant shall submit the following documents:

[a] Site plan. Site plan shall be progressed to include details of relevant site features, including, but not limited to, access height, dimensions, connections, screening, etc.

[b] Equipment specification sheets.

[2] Fees. The applicant shall deliver to the Town of Owasco, along with its application for a Tier 1 solar energy system, the fee amount as determined in the Town's Fee Schedule.

(c) Nonconformance.

[1] If a Tier 1 solar energy system is to be installed on any building or structure that is nonconforming because its height violates the height restrictions of the zoning district in which it is located, the Tier 1 solar energy system shall be permitted, so long as it does not extend above the peak or highest point of the roof to which it is mounted and so long as it complies with the other provisions of this section.

[2] If a Tier 1 solar energy system is to be installed on a building or structure on a nonconforming property that does not meet the minimum setbacks required and/or exceeds the lot coverage limits for the zoning district in which it is located, a Tier 1 solar energy system shall be permitted, so long as there is no expansion of any setback or lot coverage nonconformity and so long as it complies with the other provisions of this section.

(2) Tier 2A and 2B solar energy systems - Small Scale ground-mounted.

(a) Height and setback requirements.

[1] Tier 2A and Tier 2B solar energy systems may not exceed the permitted height of accessory structures in the zoning district where the solar energy system is to be installed, or 20 feet from the ground, whichever is less.

[2] Tier 2A and 2B solar energy systems may not be located within 100 feet of the edge of the front, side, or rear limits of the parcel.

[3] Tier 2B solar energy systems that include building- mounted and building-integrated panels shall adhere to the requirements of Subsection F(1)(a)[1].

(b) Submittal requirements and fees.

[1] Pre-application meeting. At least 60 days prior to the submission of an application, the applicant shall conduct a pre-application meeting with the Town of Owasco Planning Board to ensure all parties have clear expectations regarding any Town requirements applicable to the proposed solar energy system. A written request for this purpose shall be sent to the Planning Board. Submission and review of the application shall not be delayed based on the failure of the Town to respond in a timely manner to a properly filed meeting request. At the pre-application meeting, the applicant must provide 1) a brief description of the proposed facility and its environmental setting, 2) a map of the proposed facility showing project components, 3) the proposed facility's anticipated impacts, 4) a designated contact person with telephone number, email address, and mailing address from whom information will be available going forward, and 5) an anticipated application submission date.

[2] Applications for Tier 2A and 2B solar energy systems shall be reviewed by the Code Enforcement Officer for completeness. Applicants shall be advised within 10 days of the completeness of their application or any deficiencies that must be addressed prior to substantive review.

[3] At the time of submittal of the application for a special use permit for a Tier 2A or 2B solar energy system, at a minimum and unless waived by the Town of Owasco Planning Board, the Solar Energy applicant shall submit the following documents to be reviewed and approved by the Town's designated engineer if requested by the Town of Owasco Planning Board:

[a] Site plans. Site plans shall be progressed to include details of relevant site features, including, but not limited to, wetlands, streams and other environmentally sensitive areas to be protected, access driveways, fencing, signage, stormwater management practices, connection to the grid, landscaping, etc. Site plan shall include layouts and details as necessary for the Town of Owasco Planning Board to review aesthetic impact (materials, colors, height, etc.).

[b] Equipment specification sheets.

[c] Soils maps.

[d] Map showing active and prime farmland, including USDA classifications (e.g., farmland of statewide importance, all areas are prime farmland and prime farmland if drained).

[e] A completed Part 1 of the NYS SEQRA Short Environmental Assessment Form.

[f] Proposed screening and buffering between the solar energy system and neighboring properties, as necessary through mechanisms including fencing and landscaping, to be incorporated to the satisfaction of the Planning Board.

[4] Special provisions. The Town of Owasco Planning Board may impose conditions on its approval of any special use permit under this section in order to enforce the standards referred to in this section or in order to discharge its obligations under the State Environmental Quality Review Act (SEQRA). Such conditions may include, but are not limited to, the submission of line-of-sight drawings, detailed elevation maps, visual simulations, before and after renderings, and alternate designs to more clearly identify adverse impacts for the purpose of their mitigation.

[5] Fees. The applicant shall deliver to the Town of Owasco, along with its application for a Tier 2A or 2B solar energy system, the application fee amount as determined in the Town's Fee Schedule.

(c) Nonconformance.

[1] If a Tier 2A or 2B solar energy system is to be installed on a property containing a structure that is nonconforming because the required minimum setbacks are exceeded, the proposed system shall be permitted so long as the system does not encroach into the required setback established herein.

[2] If a Tier 2B solar energy system includes building-mounted and building-integrated panels, the requirements of Subsection F(1)(a) shall apply.

G. Right of inspection.

(1) In order to verify that the solar energy system's applicant(s)/owners and any and all lessees, renters and/or operators of the solar energy system place, construct, modify and maintain such systems, including solar collectors and solar inverters, in accordance with all applicable technical, safety, fire, building and zoning codes, laws, ordinances and regulations and other applicable requirements, the Town of Owasco may inspect all facets of said system's placement, construction, modification and maintenance.

(2) Any inspections required by the Town of Owasco building and Codes Department that are beyond its scope or ability shall be at the expense of the solar energy applicant/owner/operator.

H. Enforcement.

(1) The Town Council shall appoint such Town staff or outside consultants as it sees fit to enforce this section, and each such person shall be deemed an Enforcement Officer under this section.

(2) All provisions of New York State law generally applicable to misdemeanors shall apply to any criminal proceeding brought under this section, and for such purposes the violation of this section is hereby declared an unclassified misdemeanor. The Town's justice court is hereby vested with jurisdiction to issue administrative and other warrants in compliance with the New York Criminal Procedure Law and Administrative Codes of the State of New York, as well as to hear and adjudicate allegations relating to the criminal or civil violation of this chapter and thereafter, if appropriate, impose any fine, penalty, or sanction.

I. Severability. If any clause, sentence, paragraph, or section of this section shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or article thereof directly involved in the controversy in which such judgment shall have been rendered.

J. Repealer; effects on other laws; effective date. All resolutions, ordinances, and local laws, or parts thereof in conflict herewith, or which in any manner, in the absence of this section, would address or apply to the approval, construction, operation, or decommissioning of solar energy systems or facilities are superseded by this section. This section shall take effect immediately upon filing with the Secretary of State.