The additional requirements for specified uses place restrictions
on specific uses, both permitted and special permitted, because of
the potential impacts on surrounding properties. These restrictions
are applied to a project to mitigate impacts including noise, off-site
parking, traffic and unsightliness, odors, dust and fumes. The regulations
promote the public health and general safety and neighborhood character
of the immediate neighborhood and the entire Town of Porter community.
Customary accessory uses and structures other than those mentioned
elsewhere in this chapter may be permitted, provided the following:
A.
No accessory structure may be built without a principal or primary
structure on the lot.
B.
All detached accessory structures shall be set back behind the front
line of the principal structure.
(1)
For corner lots, the front line of the principal building shall be
determined along both street frontages regardless of orientation of
the structure.
(2)
For lots adjacent to the lake, the front building line shall be determined
by the Zoning/Code Enforcement Officer based on the orientation of
the dwelling. In some cases, and upon approval of the Zoning/Code
Enforcement Officer, accessory structures may be placed in either
or both yards, depending on the type of structure or use. However,
no accessory structure shall obstruct the view of the lake.
C.
Accessory structures, 10 feet or less in height and wholly within
the rear yard, shall be located a minimum of five feet from any side
or rear lot line; otherwise, the setbacks of the district shall apply.
D.
Accessory structures shall be separated from the primary structure
a minimum of 10 feet.
E.
Except for agricultural uses, the accessory structure shall not be
larger than the primary structure in square footage.
F.
The accessory use or structure is determined by the Zoning/Code Enforcement
Officer to have no detrimental effect upon the health, safety and
general welfare of the surrounding neighborhood and the community
as a whole.
A.
Purpose.
(1)
It is recognized that buildings and establishments operated as adult
uses have serious objectionable operational characteristics. In order
to promote the health safety and general welfare of the residents
of the Town, this section is intended to restrict adult uses to industrially
zoned areas of the Town.
(2)
The Town Board hereby finds that the operational characteristics
of adult uses and the secondary effects of adult uses increase the
detrimental impact on a community when such uses are spread throughout
the community.
(3)
The Town Board finds that, based upon common knowledge and experience
and studies conducted by other municipalities (including but not limited
to Syracuse, New York; Bergen, New York; Scotia, New York; Dryden,
New York; and Ellicottville, New York), the adult uses sought to be
regulated by this section have been associated with criminal and other
socially undesirable behavior, such as disorderly conduct, prostitution,
pornography, drug trafficking and substance abuse, which have the
resulting effects of depressing property values in the surrounding
neighborhood and increasing the burden upon law enforcement personnel
and municipal expenditures.
(4)
Therefore, this section is intended to promote the health, safety
and general welfare of the residents of the Town by regulating the
concentration and location of such adult uses.
(5)
This section has neither the purpose nor effect of imposing a limitation
or restriction on the content of any communicative materials, including
sexually oriented materials.
(6)
Neither is it the intent nor effect of this section to condone or
legitimize the distribution of obscene material.
B.
Requirements.
(1)
Materials or merchandise of any kind offered for sale, rent, lease
or loan or for view upon the premises of an adult-oriented establishment
shall not be visible from outside of a building or structure.
(2)
An adult-oriented establishment shall not be located within 1,000
feet of any other adult-oriented establishment.
(3)
An adult-oriented establishment shall not be located within 1,000
feet of a residential district.
(4)
An adult-oriented establishment shall not be located within 1,000
feet of any parcel of land or lot, which contains any one or more
of the following specified protected land uses:
Animal day care, kennel or shelter shall be subject to the following
requirements:
Bed-and-breakfast shall be subject to the following requirements:
A.
The proprietor of the business shall live on premises of the bed-and-breakfast
establishment.
B.
No alteration to either the exterior or the interior of any principal
or accessory structure shall be made which changes the character or
appearance from that of a residential dwelling.
C.
One attached or detached sign of not more than two square feet in
area shall be permitted.
D.
Bed-and-breakfast establishments are subject to approval by the Niagara
County Department of Health.
Camping grounds shall be subject to the following requirements:
A.
No permanent external appurtenances such as carports, cabanas or
patios may be attached to any travel trailer or other vehicular accommodation
parked in a camping ground, and the removal of wheels and placement
of a unit on a foundation in a camping ground is prohibited.
B.
The minimum site area for a camping ground is 20 acres.
C.
No more than a total of 10 travel trailers, campers, tents, recreational
vehicles or motor homes shall be permitted per acre of gross site
area.
D.
Conditions of soil, groundwater, drainage and topography shall not
create hazards to the property or safety and health of the occupants.
E.
Uses and structures customarily incidental to the operation of camping
grounds, such as headquarters, toilets, dumping stations and showers
are permitted as accessory uses to the camping grounds.
F.
Convenience establishments shall be permitted as accessory uses in
camping grounds in such districts where they are not allowed as principal
uses, subject to the following restrictions:
(1)
Such establishments and the parking area primarily related to their
operations shall not occupy more than 5% of the gross area of the
camping ground.
(2)
Such establishments shall be restricted in their use to occupants
of the camping ground.
(3)
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.
G.
A minimum of 10% of the gross site area for the camping ground shall
be set aside and developed as common use areas for open or enclosed
recreation facilities. No travel trailer site, required buffer strip,
street right-of-way, storage area or utility site shall be counted
as meeting recreational purposes.
H.
Quiet hours shall be maintained between 11:00 p.m. and 8:00 a.m.
I.
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. No entrance or exit shall require a turn at an
acute angle for vehicles moving in the direction intended, and radii
of curbs and pavements at intersections shall be such as to facilitate
easy turning movements for vehicles with trailers attached.
J.
All utilities shall be underground.
K.
No camp structure, except fences, gates and permitted signs shall
be located within 300 feet of any street or property line.
Car washes shall be subject to the following requirements:
A.
All washing and machine-drying operations shall be conducted within
a building.
B.
All runoff from the car wash operation shall empty into the sewer
system or in a self-contained storage system prior to waste removal.
C.
The building exit for automobiles that have completed the washing
and machine-drying process shall be set back a minimum of 50 feet
from the nearest point of any street property line.
D.
Washing, vacuuming, steam cleaning, waxing, polishing or machine-drying
operations, and any building within which such operations are conducted
shall be located a minimum of 50 feet from a Residential District.
E.
All lot lines abutting or adjacent to Residential Districts or uses shall have a ten-foot wide buffer area in accordance with § 200-73 of this chapter.
F.
Perimeter landscaped open space shall be provided in the front yard.
G.
All entrance and exit lanes and parking areas shall be surfaced so
as to provide a durable and dustless surface, and shall be so graded
and drained as to dispose of all surface water and runoff from the
car wash operation into a sanitary sewer.
A.
Purpose. The purpose of this section is to provide sound land use
policies, procedures and regulations for communications facilities.
These will protect the Town from the visual or other adverse impacts
of these facilities, while encouraging unobtrusive development that
ensures comprehensive wireless telecommunications services. The standards
reflect a policy that expresses a preference that antennas be located
on existing buildings and towers rather than on newly constructed
towers.
B.
Co-location.
(1)
The shared use of existing communications facilities or other structures
shall be preferred to the construction of new facilities. Any special
use permit application, renewal or modification thereof shall include
proof that reasonable efforts have been made to co-locate within (share)
an existing communications facility or upon an existing structure.
The application shall include an adequate inventory report specifying
existing communications 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 communications facility
cannot be accommodated on existing communications 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 communications facilities or other 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 communications 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 communications facility
or other structure refuses to allow such collocation;
(f)
The cost from fees and/or adaptation of an existing structure
is unreasonable. Costs exceeding a new communications tower construction
and the cost of ground rental or acquisition are presumed unreasonable.
C.
Design standards.
(1)
Building-mounted communications structures shall not be located on
any residential building.
(2)
Building-mounted communications structures shall be permitted to
exceed the height limitations of the applicable zoning district by
a maximum of 20 feet.
(3)
Building-mounted communication structures shall be integrated in
a manner that blends with the existing architectural characteristics
of the building.
(4)
Communications towers shall be designed to provide for collocation
by at least two providers or designed so that they can be retrofitted
to accommodate at least two providers.
(5)
Communications towers shall be a maximum 100 feet in height.
(6)
Communications towers shall be located a minimum distance from the
base to the property line of 110% of the structure's height.
(7)
Communications towers shall be designed and constructed to all applicable
standards of the American National Standards Institute (ANSPEIA 222E)
Manual, as amended. Towers and antennas shall be designed to withstand
wind gusts of at least 100 miles per hour.
(8)
Communications towers shall either be gray in color, have a galvanized
finish or be colored appropriate to the tower's locational context
to the extent that the tower is as unobtrusive as possible, unless
otherwise required by the Federal Aviation Administration (FAA).
(9)
Communications towers shall be sited so as to minimize visual impact
on the environment and adjacent properties.
(10)
Communications towers shall not be artificially lighted and
marked beyond requirements of the Federal Aviation Administration
(FAA).
(11)
The base area of a tower shall be enclosed with a fence not
less than six feet in height.
(13)
A minimum of forty-foot buffer shall be required between communication
facilities and any adjacent lots. Landscaping shall be provided along
the perimeter of the tower base area to provide a visual screen or
buffer for adjoining private properties and the public right-of-way.
Required front yard setback areas shall be landscaped.
(14)
Signs shall not be permitted on towers except for signs displaying
owner contact information and safety instructions. Such signs shall
not exceed five square feet in surface area.
D.
Discontinuance of use.
(1)
If the use of any facility is discontinued, the provider shall notify
the Zoning/Code Enforcement Officer within 90 days of such discontinuance.
(2)
If the facility will be retained, the provider shall establish that
the facility will be reused, and all necessary approvals obtained,
within one year of such discontinuance.
(3)
If a facility is not reused within one year, a demolition permit
shall be obtained and the facility removed within one year of the
abandonment, obsolescence or cessation of use.
(4)
If the facility is not removed within the time period, the Town shall
have the authority to remove the facility at the cost to the owner.
(5)
A surety bond, approved by the Town Attorney, in the amount of $50,000
shall be issued by the applicant and held by the Town of Porter to
insure that the removal of the facility is executed.
E.
Additional submittal requirements. In addition to all requirements
outlined in this chapter, all applicants for approval for a communications
facility (tower, antenna, telecommunications equipment building and
other related structure or use) shall submit:
(2)
A statement from the FCC that the application complies with the regulations
of the Commission or a statement that no such compliance is necessary.
(3)
Visual impact analysis.
(a)
The applicant shall be required to undertake a visual impact
analysis on any proposed commercial communications tower or any proposed
modification to an existing tower which causes said tower to exceed
60 feet in height from its original permitted height. The visual impact
analysis, in the form of a written report, shall assess the cumulative
impacts of the proposed facility and other existing and foreseeable
commercial communications towers in the area and shall identify and
include all feasible mitigation measures necessary to mitigate any
negative visual impact by the proposed tower. Mitigation measures
should be consistent with the technological requirements of the applicant.
(b)
The visual impact analysis report shall include but not be limited
to the following:
[1]
A photograph simulation of predevelopment versus postdevelopment
views from key view points, but from no less than the four sides.
[2]
An analysis of possible alternative tower structure designs
and color schemes.
[3]
An analysis of the visual impact of the tower base, accessory
buildings and overhead utility lines from abutting properties and
streets.
(4)
A report by a certified engineer documenting the following:
(a)
Communication tower height and design, including technical,
engineering, economic and other pertinent factors governing selection
of the proposed design;
(b)
A cross-section of the communications tower;
(c)
Total anticipated capacity of the site, including number and
types of antennas which can be accommodated;
(d)
Evidence of structural integrity of the tower structure;
(e)
Failure characteristics of the communication tower and demonstration
that the site and setbacks are of adequate size to accommodate debris;
(f)
Ice hazards and mitigation measures which have been employed
including, but not limited to, increased setbacks and/or deicing equipment;
(g)
Specific design and construction plans indicating the means
by which shared use requirements will be met.
(5)
Applicant's letter of intent to lease excess space on the tower in
conformance with the provisions for shared use contained in this section.
Drive-through facilities shall be subject to the following requirements:
A.
Drive-through facilities shall be prohibited in the front yard.
B.
Drive-through facilities shall be located to preserve continuous
vehicular and pedestrian access from the public right-of-way to the
principal building entry.
C.
Drive-through facilities and stacking lanes shall be a minimum of
50 feet from the property line of adjacent residential properties.
D.
A five-foot wide buffer shall be provided along the drive-through
from the beginning of the stacking lane to the drive-through window.
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Property Line
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Farm ponds shall be subject to the following requirements:
A.
Permit requirements.
(1)
A building permit is required before excavation may begin.
(2)
Before a building permit will be issued, the applicant must obtain
all required permits from the Department of Environmental Conservation
and the Niagara County Soil and Water Conservation Agency.
(3)
The applicant can demonstrate a legitimate farming need for the farm
pond before obtaining a building permit. The legitimate farming need
and adequate size of the farm pond to fulfill the farming need shall
be determined by the Niagara County Soil and Water Conservation Agency.
The Niagara County Soil and Water Conservation Agency may also determine
that the amount of soil to be removed exceeds 750 cubic yards and
therefore requires a mining permit from the Department of Environmental
Conservation.
(4)
The farm pond shall be completed within one year of obtaining a building
permit.
B.
Proof of insurance. The applicant shall file proof of adequate insurance
for any and all damages, including physical injury, property damage,
or any other injury suffered by any member of the public during the
course of construction of the farm pond having policy limits of at
least $1,000,000. This provision shall be waived upon the satisfactory
completion of the farm pond as determined by the Zoning/Code Enforcement
Officer.
C.
Excavation fees.
(1)
It is the intent of this section for the Town to recover the engineering
cost associated with monitoring construction and final inspection
of a farm pond.
(2)
In lieu of fee otherwise collected for major excavations as permitted
by local law and in furtherance of accommodations being made to exempt
farm ponds from bonding requirements and tipping fees, the applicant
is required to pay a fee per acre to be excavated, in accordance with
the fee schedule, in the construction of a farm pond as designed by
Niagara County Soil and Water Conservation Agency.
(3)
All excavation fees shall be placed in an interest-bearing escrow
account, out of which all Town inspections, engineering fees, survey
costs, highway maintenance, lawyer fees and other cost incurred by
the Town in connection with the project shall be paid.
(4)
Upon satisfactory completion of the farm pond, the Town engineer
shall issue a preliminary certificate that the farm pond has been
properly constructed and a final inspection of the farm pond shall
be made one year and 90 days following the issuance of the preliminary
certificate. If, following the final inspection, the integrity of
the farm pond has been maintained, the remaining escrow balance, if
any, shall be returned to the permittee, along with an accounting
of all expenses. Any repairs to the farm pond deemed necessary by
the Town Engineer, shall be undertaken and completed before the return
of any escrow balance.
D.
Water emergencies and droughts. The applicant shall be restricted
from the use of public water for irrigation purposes related to the
agricultural areas which have been designated to be serviced by the
construction of the farm pond as designated by the Niagara County
Soil and Water Conservation District during drought or other water
emergency as determined by the Town Zoning/Code Enforcement Officer.
Any violation of this requirement shall be enforced as prescribed
by this chapter.
The storage of firewood for personal use is permitted in all
districts and as an agricultural product for sale in the Rural Agricultural
District, provided the following:
A.
Firewood shall be neatly stacked and reasonably secured.
B.
Firewood shall not be stored in a front yard.
C.
A no-fee permit is required for the sale of firewood. The sale of
firewood as an agricultural product in an RA District or on an existing
farm protected by the Niagara County Right-to-Farm Law is exempt from
this provision.[1]
D.
Stacks of firewood shall be dismantled and removed from a premises
if it is found to harbor rodents, pests, or any other reason which
may endanger the health, safety, and general welfare of nearby residents.
Home occupations shall be subject to the following requirements:
A.
A home occupation shall be conducted entirely within a dwelling or
existing accessory structure.
B.
The home occupation is clearly incidental and secondary to the principal
use of the dwelling. Suitable home occupations include, but are not
limited to, office for professional (architect, attorney, accountant,
etc.); instructors limited to one or two students at a time; barber
limited to one chair; hairdresser limited to two chairs; computer
technician.
C.
The establishment of a home occupation shall not change the principal
character or use of the dwelling unit involved.
D.
A maximum of one person other than members of the immediate family
residing on the premises may be employed.
E.
A maximum of 25% of the floor area of one story shall be devoted
to the home occupation. This requirement shall not apply to family
day-care homes.
F.
A home occupation shall not require internal or external alteration
or invoke construction features not customarily in a dwelling.
G.
No traffic shall be generated by such home occupation in greater
volumes than would normally be expected in a residential neighborhood,
and any need for parking generated by the conduct of such home occupation
shall be met off the street.
H.
Storage or display of materials, goods, supplies or equipment related
to operation of a home occupation shall not be visible from outside
the dwelling.
I.
Mechanical, electrical or other equipment, which produces noise,
electrical or magnetic interference, vibration, heat, glare or other
nuisance outside the residential or accessory structure shall not
be used.
J.
A home occupation shall not be permitted which is noxious, offensive
or hazardous by reason of hours of operation, vehicular traffic, generation
or emission of noise, vibration, smoke, dust or other particulate
matter, odorous matter, heat, humidity, glare, refuse, radiation or
other objectionable emissions.
K.
A home occupation shall not involve the use of advertising signs.
Only one nonilluminated nameplate, not to exceed one foot by two feet,
shall be allowed. It may display the name of the occupant and/or the
name of the home occupation.
Hunting clubs shall be subject to the following requirements:
A.
Minimum lot size shall be 100 acres.
Junkyards and salvage yards shall be subject to the following
requirements:
A.
Junkyards shall be located at least 1,000 feet from any Residential
District.
B.
All junkyard materials and activities not within completely enclosed
buildings shall be surrounded by a solid stable fence or wall of acceptable
design to be at least eight feet in height, surfaced so as to be resistant
to damage from the elements and from stored materials and erected
and maintained in a manner to provide effective screening of the premises.
The enclosure setback shall also be at least 50 feet from any adjoining
property line.
C.
Storage piles shall not exceed the height of the fence surrounding
the materials.
D.
No junkyard shall be operated or used in such a manner so as to create
a nuisance by reason of noise, disagreeable odors, fumes, filth or
loose debris.
E.
The junkyard shall not be operated so that the air of any property
owner in the vicinity is polluted by the burning of rubber or other
substances.
F.
An application for an annual license or the renewal shall be filed
with the Town Clerk and shall be accompanied by initial application
and renewal fees as set from time to time by resolution of the Town
Board.
G.
Before a junkyard license shall be issued, there must be a favorable
recommendation by a majority of the Town Board, and the premises must
be inspected by each of the members of the Town Board, or their duly
authorized representatives, and certified by them as complying with
all of the provisions of this chapter and all other applicable ordinances
of the Town of Porter.
A.
Purpose. It is the purpose of this section to establish regulations
for the keeping of animals in order to protect adjoining properties
and neighborhoods from adverse impacts of such facilities and to protect
the safety and well-being of the public and of the animals maintained
in such facilities.
B.
Farm animals.
(1)
No building in which farm animals or poultry are housed shall be
located within 100 feet of any lot line.
(2)
There shall be no storage of manure or other odor or dust-producing substance within 150 feet of any lot line, stream or other water body or less than 300 feet from the nearest neighboring residential structure. Manure lagoons, as defined under this Zoning Law, are subject to separate regulations as outlined in § 200-40 of this chapter.
(3)
No swine shall be kept within 500 feet of any adjoining residence
or within 200 feet of any lot line.
(4)
A stable, barn, or other such structure shall be maintained for the
keeping of livestock in such manner that they may be completely enclosed
and protected.
(5)
Commercial stables shall be subject to the following additional regulations:
(a)
The minimum lot size shall be 10 contiguous acres.
(b)
The maximum number of horses allowed shall be one horse per
acre for the first 20 acres, plus one horse for each additional 1/2
acre.
(c)
Any riding ring or exercise track shall be at least 100 feet
from any lot line.
(d)
Fencing of at least five feet in height, and sufficient to provide
containment, shall enclose any paddock and be no closer than 50 feet
to any lot line.
(e)
Suitable and adequate off-street parking in accordance with
the reasonable requirements of the Planning Board shall be provided.
(f)
The maintenance of the structures and hygiene conditions connected
with the use herein permitted shall be under the supervision of the
Town and the Niagara County Health Department.
(6)
Horses, cattle, hogs, fur-bearing animals, fowl, or other farm animals
shall not be harbored in any residential district except where such
plot qualifies as a farm in a County-adopted, state-certified Agricultural
District, on an existing farm protected by Niagara County Right-to-Farm
Law, or as following permitted:
(a)
The stabling of horses for private use shall be permitted as
an accessory use subject to the following regulations.
[1]
The minimum lot size shall be five contiguous acres.
[2]
The maximum number of horses allowed shall be two horses for
the first five acres, plus one horse for each additional acre.
[3]
Any structure or building for the stabling of horses shall be
no closer than 100 feet to any lot line.
[4]
There shall be no storage of manure or other odor- or dust-producing
substance within 150 feet of any lot line.
[5]
Fencing of at least five feet in height, and sufficient to provide
containment, shall enclose any paddock area and be no closer than
15 feet to any lot line.
[6]
No retail or commercial activity shall take place, including
a riding academy.
(b)
The keeping of fowl, rabbits and similar small animals shall
be permitted subject to the following regulations:
[1]
The minimum lot size shall be two acres.
[2]
The total number of animals or fowl harbored shall not exceed
10 small animals such as rabbits or mink, adult or fully grown chickens,
ducks, geese or other fowl or birds of any type or any combination
thereof for every two acres of land up to a total of 30 such animals
or fowl.
[3]
Building and maintenance areas shall be no closer than 50 feet
to any lot line.
[4]
Building and maintenance areas shall be kept clean and any waste
disposed of in a manner that does not create a nuisance or health
hazard.
[5]
The Zoning Board of Appeals may issue a special use permit for
the keeping of small animals in a number that exceeds the 30 allowed
by this regulation, provided:[1]
[a]
The applicant can meet the minimum acreage requirement
of two acres for every 10 such animals or fowl.
[b]
The Board considers the factors outlined below in Subsection B(6)(c)[2], [3] and [4] of this section.
(c)
The keeping of a cow, sheep, goat, or other four-legged domestic-type
farm animal, shall not be permitted in any lot in any residential
district in the Town unless application is made to and a special use
permit is granted by the Zoning Board of Appeals. The Board may consider,
where it is material in each case and among the other relevant factors,
the following:[2]
[1]
The minimum lot size shall be three acres. (No such application
shall be considered for a lot of less than three acres.)
[2]
Noise or offensive emission of odors or fumes.
[3]
Any detriment to the health, safety, or general welfare of the
community.
[4]
Whether such use is appropriate to the particular location.
C.
Notwithstanding the foregoing, nothing herein contained shall prohibit
the raising or harboring of domestic animals or poultry on an existing
farm protected by Niagara County Right-to-Farm Law or any plot of
land that qualities as a farm in a County-adopted, state-certified
Agricultural District.
D.
Common household pets are exempt from these provisions.
Manufactured homes shall be allowed in any district where single-family
homes are allowed only on a single building lot as a permanent single-family
dwelling if the following conditions are met:
Manure lagoons or storage areas shall be subject to the following
requirements:
A.
Manure lagoons must comply with all DEC Guidelines and Regulations
for nutrient standards and will be regulated in accordance with NYS
Agriculture and Markets Law wherever appropriate.
B.
A copy of the CAFO (Contained Animal Feed Operation) plan, required
by the DEC, shall be submitted to the Town for review.
C.
Manure lagoons shall be set back 150 feet from any property line
and 500 feet from any residence on adjacent lots.
D.
Manure lagoons shall be located a minimum 300 feet from any well
on the same or adjacent lots.
E.
The bottom of a manure lagoon shall be located a minimum of two feet
above the high water table.
F.
Manure lagoons shall be lined with an impermeable lining so as to
prevent seepage into groundwater.
G.
Manure lagoons shall be approved by the Niagara County Soil and Water
Conservation District as well as approval from any other agency as
determined by the Niagara County Soil and Water Conservation District.
Mini storage facilities shall be subject to the following requirements:
A.
If more than one building, buildings shall be connected with an internal
vehicular circulation system.
B.
Buildings fronting a road shall be parallel to the road.
C.
The maximum length of a building facade plane shall be 40 feet. Change
in facade plane shall be a minimum two feet.
D.
The exterior finish materials on all facades shall be limited to
stone, brick, vinyl siding, steel siding, lightweight cementious siding,
shingles and/or exterior insulation finish system.
E.
All pedestrian entrances shall be illuminated.
F.
Buildings shall have a pitched roof or the appearance of a pitched
roof.
G.
Screening shall be provided along all lot lines abutting or adjacent
to residentially developed property.
H.
A minimum ten-foot-wide buffer shall be provided along all lot lines
adjacent to a nonresidential use.
I.
A minimum ten-foot wide landscaped area shall be provided along all
lot lines fronting on a road.
J.
Security fencing used to protect the facility shall be located on
the inside of the landscaping.
 |
A mobile home shall not be parked on any lot within the Town
of Porter except for the following:
Mobile home parks shall be subject to the following requirements:
A.
Lot requirements.
(1)
A mobile home park shall have a minimum area of 50 acres.
(2)
A mobile home or trailer lot, office or service building shall be
set back a minimum of 50 feet from all property lines.
(3)
A twenty-foot-wide buffer pursuant to § 200-73 of this chapter shall be provided along all property lines.
(4)
Each mobile home park shall include a minimum of 20% open space;
this shall include common areas, parks, playgrounds and other amenities
that can be used by the residents of the park.
(5)
All utilities shall be located underground.
B.
Interior roads.
(1)
All interior roads shall be a minimum 40 feet wide, with 20 feet
paved and with a minimum depth, including foundation of 12 inches.
The layout of streets within a mobile home park shall not be a gridiron
pattern of identical rectangles.
(2)
Appropriate streetlighting shall be installed on interior streets
with the minimum number of lights being one at each intersection of
interior streets and at least every 200 feet where intersection are
more than 300 feet apart.
C.
Individual lots.
(1)
Individual mobile home lots shall have an area of not less than 8,125
square feet with a minimum width of 65 feet and a minimum depth of
125 feet.
(2)
Individual mobile home shall be a minimum of 40 feet from another
mobile home.
(3)
Mobile homes shall be set back 20 feet from interior roads.
(4)
A maximum of one accessory structure which is consistent with the
design of the mobile home and no larger than 80 square feet shall
be erected on an individual site.
(5)
Each site shall be provided with approved connection for water, gas,
sewer, electricity, and telephone. Approval of sanitary sewer and
water must be obtained from the Niagara County Department of Health
prior to approval.
(6)
A surfaced parking pad shall be provided on each site for a mobile
home and two vehicles.
(7)
At least one shade tree with a minimum diameter of one inch measured
at one foot from ground level shall be planted at every site.
(8)
Any fuel oil tank supplying a mobile home shall be screened from
view by a permanent structure. Such tank shall be mounted on an incombustible
support a minimum of five feet from any exit.
(9)
The area under a mobile home shall be enclosed with a skirt.
D.
Service buildings.
(1)
Service building housing sanitation, laundry or other facilities
shall be permanent structures complying with all building codes.
(2)
Service buildings shall be well lit at all times of the day and night.
(3)
Service building shall be maintained at a temperature of 68°
F. from October 1 to May 1.
E.
Refuse disposal.
(1)
Each site shall be provided with at least one twenty-gallon garbage
can with tight-fitting cover.
(2)
Garbage cans shall be kept in sanitary condition at all times.
(3)
It shall be the responsibility of the mobile home park operator to
ensure that garbage and refuse is collected and properly disposed
of outside the park as frequently as may be necessary to ensure that
garbage cans do not overflow.
(4)
Exterior areas shall be free from organic and inorganic materials
that might become a health, accident, or fire hazard.
(5)
The entire park shall be continuously policed to preclude the accumulation
of litter, trash, discarded items, or other debris.
F.
Maintenance.
Outdoor displays shall be allowed in the commercial districts
subject to the following requirements:
A.
Outdoor displays shall be allowed adjacent to a principal building
wall and extending to a distance no greater than five feet from the
wall.
B.
Outdoor displays shall not be permitted to block windows, entrances
or exits, and shall not impair the ability of pedestrians to use the
building.
C.
Outdoor displays shall be temporary or seasonal in nature.
Where permitted, outdoor material storage shall be subject to
the following:
A.
Outdoor wood-burning furnaces must be set back a minimum of 100 feet
from any property line.
B.
The use of such furnaces must follow all operating instructions supplied
by the manufacturer.
C.
The only fuels allowed shall be those listed fuels recommended by
the manufacturer. The following are prohibited: trash, plastics, gasoline,
rubber, naphtha, household garbage, material treated with petroleum
products (particle board, railroad ties and pressure treated wood),
leaves, paper products and cardboard.
D.
Lighter fluids, gasoline or chemicals to start the furnace are prohibited.
E.
The unit must be located with due consideration to the prevailing
wind direction.
F.
The stack shall be located according to manufacturer's specification.
G.
New wood-burning furnaces shall have a minimum efficiency rating
of 0.44 pound per million Btu.
H.
Installation and operation of all outdoor wood-burning furnaces must
comply with New York State regulations.
Places of worship shall be subject to the following requirements:
Private airfields and landing strips shall be subject to the
following requirements:
Public utilities shall be subject to the following requirements:
A.
There shall only be one recreational pond on any parcel.
C.
Excavation and landscaping plans are to be drawn by a licensed engineer
and approved by the Town Engineer and Zoning/Code Enforcement Officer.
Niagara County Soil and Water Department can be used as a soil resource.
A fee, in accordance with the fee schedule, for Town Engineer review
is required.
D.
The pond shall be a minimum 100 feet from all lot lines and from
the primary dwelling structure.
E.
A minimum of 50 feet around the pond bank shall be mowed yearly.
F.
A pond shall have a minimum slope 3:1.
G.
All soil excavated as a result of pond construction shall be retained
on the premises for grading, finished seeding, or other landscaping
purposes. Any mound created as a result of excavation shall be stabilized
and maintained. The Town Board must approve any exceptions.
H.
The Town Engineer and Zoning/Code Enforcement Officer can inspect
the pond at any time to ensure proper maintenance and pest control.
Infractions will be cured within a reasonable time period as determined
by the Zoning/Code Enforcement Officer.
Retail plazas shall be permitted in commercial districts subject
to the following:
A.
Individual uses within a retail plaza shall not be more than 25,000
square feet.
B.
The entire floor area of all uses within a retail plaza shall not
be more than 50,000 square feet.
C.
Retail plazas shall have a unified architectural style.
D.
Retail plazas shall conform to the design standards of the district
in which they are permitted.
E.
Buffering or fencing may be required as determined upon site plan
review.
F.
Landscaping as determined upon site plan review.
G.
Parking in the rear is desired.
[Amended 8-12-2019 by Ord. No. 7-2019; 3-8-2021 by L.L. No. 1-2021]
A.
Authority.
(1)
This solar energy systems section is adopted pursuant to §§ 261
through 263 of the Town Law of the State of New York, which authorize
the Town of Porter to adopt zoning provisions that advance and protect
the health, safety, and welfare of the community, and "to make provision
for, so far as conditions may permit, the accommodation of solar energy
systems and equipment and access to sunlight necessary therefor."
(2)
Whenever the requirements of this section are at variance with the
requirements of any other lawfully adopted local rules, regulations,
statures, or ordinances, the most restrictive thereof, or those imposing
the highest standards, shall govern; unless specifically noted as
superseding another lawfully adopted law. Nothing contained herein
shall be deemed to limit the right to farm as set forth in Article
25-AA of the NYS Agriculture and Markets Law. While the regulations
contained herein are intended to be followed to the greatest extent
possible, there is a general understanding that the farming community
may have unique situations that may require waiving certain regulations.
(3)
Repeal of prior provisions; Local Law No. 2-2010, Article IV, § 200-52, known as "Solar Collectors" and as amended to date, is hereby repealed in its entirety. Such repeal shall not affect or impair any act done, offense committed or right accruing, accrued or acquired, or liability, penalty, forfeiture, or punishment incurred prior to the time such repeal takes effect, but the same may be enjoyed, asserted, enforced, prosecuted or inflicted, as fully and to the same extent as if such repeal had not been affected.
B.
Statement of purpose.
(1)
This solar energy section is adopted to advance and protect the public
health, safety, and welfare of the Town of Porter by creating regulations
for the installation and use of solar energy generating systems and
equipment, with the following objectives:
(a)
To provide opportunities for renewable and nonpolluting energy
resources.
(b)
To decrease the cost of electricity to the owners of residential
and commercial properties, including single-family dwellings.
(c)
To increase employment and business development in the Town
of Porter, to the extent reasonably practical, by furthering the installation
of solar energy systems.
(d)
To mitigate the impacts of solar energy systems on environmental
resources such as important agricultural lands, forests, wildlife,
and other protected resources.
C.
BUILDING-INTEGRATED SOLAR ENERGY SYSTEM
COMMUNITY SOLAR ENERGY SYSTEM
CURRENTLY ADOPTED BUILDING CODE
FARMLAND OF STATEWIDE IMPORTANCE
GLARE
GROUND-MOUNTED SOLAR ENERGY SYSTEM
NATIVE PERENNIAL VEGETATION
POLLINATOR
PRIME FARMLAND
ROOF-MOUNTED SOLAR ENERGY SYSTEM
SOLAR ACCESS
SOLAR ENERGY SYSTEM
(1)
(2)
(a)
(3)
(a)
[1]
[2]
SOLAR PANEL
STORAGE BATTERY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A combination of solar panels and solar energy equipment
integrated into any building envelope system such as vertical facades,
semitransparent skylight systems, roofing materials, or shading over
windows, which produce electricity for on-site consumption.
A community solar project, sometimes referred to as a "solar
garden" or "shared renewable energy plant," is a solar power plant
whose electricity is shared by more than one household or business.
"Community solar" herein refers to both community-owned systems as
well as third-party-owned systems, whose electricity is shared by
a community. The primary purpose of community solar is to allow members
of a community the opportunity to share the benefits of solar power
even if they cannot or prefer not to install solar panels on their
property. Project participants benefit from the electricity generated
by the community solar energy system, which shall cost less than the
price they would ordinarily pay to their utility. Community benefit
shall provide priority to Town of Porter residents and property owners
over other parties.
All applicable codes, regulations, and industry standards,
as referenced in the NYS Uniform Fire Prevention Code, the currently
adopted Building Code, the NYS Energy Conservation Code, and Town
of Porter Laws.
Land, designated as "farmland of statewide importance" in
the U.S. Department of Agriculture Natural Resources Conservation
Service's (NRCS's) Soil Survey Geographic (SSURGO) Database on Web
Soil Survey, that is of statewide importance to produce food, fiber,
forage, and oilseed crops as determined by the appropriate state agency
or agencies. "Farmland of statewide importance" may include tracts
of land that have been designated for agriculture by state law.
The effect by reflection of light with intensity sufficient
as determined in a commercially reasonable manner to cause annoyance,
discomfort, or loss of visual performance and visibility in any material
respects.
A solar energy system(s) that is anchored to the ground via
a pole or other mounting system, detached from any other structure,
that generates electricity for on-site consumption.
Native wildflowers, forbs, and grasses that serve as habitat,
forage and migratory way stations for pollinators, and shall not include
any prohibited or regulated invasive species as determined by the
New York Department of Environmental Conservation.
Bees, birds, bats, and other insects or wildlife that pollinates
flowering plants, and includes both wild and managed insects.
Land, designated as "prime farmland" in the U.S. Department
of Agriculture Natural Resources Conservation Service's (NRCS's) Soil
Survey Geographic (SSURGO) Database on Web Soil Survey, that has the
best combination of physical and chemical characteristics for producing
food, feed, forage, and oilseed crops and is also available for these
land uses.
A solar energy system(s) located on the roof of any legally
permitted building or structure that produces electricity for on-site
consumption.
Space open to the sun and clear of overhangs or shade to
permit the use of active and/or passive solar energy systems on individual
properties.
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. The area of a
solar energy system(s) includes all the land inside the perimeter
of the solar energy system which extends to any interconnection equipment.
A solar energy system is classified as a Tier 1, Tier 2, or Tier 3
solar energy system as follows:
Tier 1 solar energy systems include the following: roof-mounted
solar energy systems and/or building-integrated solar energy systems.
Tier 2 solar energy systems include ground-mounted solar energy
systems with system capacity up to 25 kW AC or 1,750 square feet total
surface area of all solar panels on the parcel and that generate no
more than 110% of the electricity consumed on the site over the previous
12 months. A ground-mounted solar energy system's maximum area (square
feet) stipulated in this section shall supersede the allowable size
stipulation in other currently adopted Zoning Laws of the Town.
The application shall include evidence that the system shall
be used solely to reduce the on-site consumption of electricity. Remote
net metering shall be permitted if all locations (host and satellite)
are geographically located in the Town of Porter.
Tier 3 solar energy systems are systems that are not included
in the list for Tier 1 and Tier 2 solar energy systems.
Solar energy systems designed for rated production capacity
of 20 MW, and/or greater, are subject to the following:
New York State regulations and permitting are currently authorized
at the state level through the Accelerated Renewable Energy Growth
and Community Benefit Act (AREGCBA), or as changed by NYS from time
to time.
All large-scale, renewable energy projects larger than 25 megawatts
will be required to seek an approved permit through the siting office
for new construction or expansion. Projects already in the initial
phases of the current Article 10 siting process through the State's
Siting Board may remain in Article 10 or opt in to the new siting
process. New projects sized between 20 and 25 megawatts will also
be able to opt in. Until the siting office establishes new siting
standards, projects that apply to the new siting process must be designed
to meet current Article 10 standards.
A photovoltaic device capable of collecting and converting
solar energy into electricity.
A device that stores energy and makes it available in an electrical form. "Battery energy storage systems" are specifically regulated in another section of the Local Zoning Law (Chapter 200).
D.
Applicability.
(1)
The requirement of this section shall apply to all solar energy systems
permitted, installed, or modified in the Town of Porter after the
effective date of this section, excluding general maintenance and
repairs.
(a)
Solar energy systems constructed or installed prior to the effective
date of this section shall not be required to meet the requirements
of this section.
(b)
Modification to an existing solar energy system that increases
the solar energy system's area by more than 10% of the original area
of the solar energy system (exclusive of moving any fencing) shall
be subject to this section.
(c)
All solar energy systems shall be designed, erected, and installed
in accordance with all applicable codes, regulations, and industry
standards, as referenced in the NYS Uniform Fire Prevention Code,
the currently adopted Building Code, the NYS Energy Conservation Code
("Energy Code"), and Town of Porter Laws; hereafter referenced as
the "currently adopted Building Code."
E.
General requirements.
(1)
A building permit shall be required for installation of all solar
energy systems:
(a)
Town of Porter standard building permit application; and
(b)
New York State unified solar permit.
(c)
Both are available at www.townofporter.net and/or at 3265 Creek
Road, Youngstown, New York 14174; Monday to Thursday from 8:00 a.m.
to 4:00 p.m. and Fridays from 8:00 a.m. to 1:00 p.m.
(d)
"Building permit requirements," guide document, is also available
at each of above sources. Review and compliance will streamline the
time to process a permit application.
(2)
Planning Board members and/or Zoning Board of Appeals members are
encouraged to condition their approvals of proposed developments on
sites adjacent to solar energy systems to protect their access to
sufficient sunlight to remain economically feasible over time.
(3)
Issuance of special use permits and approvals by the Planning Board
and/or Zoning Board of Appeals shall include review pursuant to the
State Environmental Quality Review Act [ECL Article 8 and its implementing
regulations at 6 NYCRR Part 617 ("SEQRA")].
F.
Tier 1 solar energy systems: permitting requirements.
(1)
All Tier 1 solar energy systems shall be permitted in all zoning
districts and shall be exempt from site plan review under the local
zoning code, subject to the following conditions for each type of
solar energy system:
(a)
Roof-mounted solar energy systems:
[1]
Solar panels on pitched roofs shall be mounted with a maximum
distance of eight inches between the roof surface the highest edge
of the system; or as stipulated by the currently adopted Building
Code.
[2]
Solar panels on pitched roofs shall be installed parallel to
the roof surface on which they are mounted or attached.
[3]
Solar panels on pitched roofs shall not extend higher than the
highest point of the roof surface on which they are mounted or attached.
[4]
Solar panels on flat roofs shall not extend above the top of
the surrounding parapet, or more than 24 inches above the flat roof
surface, whichever is higher.
[5]
All solar panels mounted on flat and/or pitched roofs shall
comply with the currently adopted Building Code; the currently adopted
Building Code shall supersede this regulation (i.e., fire access and
paths/vent spaces shall be provided in compliance with the currently
adopted Building Code).
(b)
Glare: All solar panels shall have antireflective coating(s).
(c)
Height: All roof-mounted solar energy systems shall comply with
the height limitations established herein and/or the maximum zoning
district height regulations specified for principal and accessory
buildings within the underlying zoning district, whichever is the
lowest height.
(d)
Building-integrated solar energy systems shall be shown on the
construction documents submitted for the building permit application
for the building(s) containing the system. Therefore, a NYS unified
solar permit application is required at time of building permit application
for the integrated building.
G.
Tier 2 solar energy systems: permitting requirements.
(1)
All Tier 2 solar energy systems shall be permitted in all zoning
districts as an accessory structure and shall be exempt from site
plan review under the local zoning code or other land use regulations,
subject to the following conditions:
(a)
Glare: All solar panels shall have antireflective coating(s).
(b)
Setbacks: Tier 2 solar energy systems shall be subject to the
setbacks established in the zoning district's yard and bulk requirements.
[1]
Any ground-mounted solar energy system(s) shall only be installed
in the side or rear yards in the following zoning districts: RA, LDR,
MDR, CMU, and RC.
[2]
Any ground-mounted solar energy system(s) located in a WR Zoning
District, and parcels abutting River Road, shall be installed in the
side or rear yards on said parcel. Note that the shoreline yard is
considered the front yard in the WR Zoning District.
[3]
Any ground-mounted solar energy system(s) located in a WR Zoning
District, and along Lake Road, shall be installed in the side yards
only on said parcel.
(c)
Height: Tier 2 solar energy systems shall comply with a maximum
height limitation of 16 feet above average grade in all zoning districts.
(d)
Screening and visibility.
[1]
All Tier 2 solar energy systems shall have views minimized from
adjacent properties to the extent reasonably practicable. Any questions
on what is reasonable shall be determined by the Planning Board and/or
the Code Enforcement Officer.
[2]
Solar energy equipment shall be in a manner to reasonably avoid
and/or minimize blockage of views from surrounding properties and
shading of property to the north, while still providing adequate solar
access.
(e)
Lot size: Tier 2 solar energy systems shall comply with the
existing lot size requirements specified for accessory structures
within the underlying zoning district.
[1]
Tier 2 solar energy systems on nonconforming lots of record
are prohibited in all zoning districts. Note: Roof-mounted systems
are allowed in compliance with Tier 1 solar energy systems on nonconforming
lots of record.
H.
Tier 3 solar energy systems: permitting requirements. All Tier 3
solar energy systems are permitted through the issuance of a special
use permit and then a building permit, within the M-1, M-2, and M-3
Zoning Districts, and are subject to site plan review approval requirements
set forth in this section and/or currently adopted Town Zoning Laws,
at the discretion of the Zoning Code Enforcement Officer.
(1)
Applications for the installation of Tier 3 solar energy systems
shall be reviewed by the Code Enforcement Officer for completeness.
Applicants shall be advised within 15 business days of any deficiencies/incomplete
applications. Deficiencies must be addressed prior to substantive
review and/or scheduling with the appropriate board(s) (Planning Board
and/or Zoning Board of Appeals).
(a)
All applications shall include evidence that the Tier 3 solar
energy system's operation provides a direct benefit to the community.
[1]
Community solar, as defined herein, shall account for a minimum
of 40% of the total system's output of electricity, per parcel and/or
per system. Community solar system administrators shall guarantee
a minimum of 10% savings on a Town resident's total bill amount in
a twelve-month period, a minimum benefit standard. Town of Porter
community solar projects shall be made available to any/all Town residents
before accepting non-Town residents into a community solar agreement.
The minimum time that a community solar agreement shall be open for
Town of Porter residents shall be 18 months, from date of first production/interconnection,
prior to accepting non-Town residents into an agreement; or
[2]
Alternatively, an approved alternative community benefit may
be considered. Alternatives may include, but not be limited to, a
host agreement with the Town of Porter; or
[3]
Alternatively, a payment in lieu of a community solar energy
system.
[a]
In cases where the Planning Board finds that, due
to the size and/or reasonable circumstances a developer cannot comply
with another community benefit, then by consensus of the Planning
Board, a payment in lieu of a community solar scenario may be considered.
The payment in lieu of a community solar fee shall be in accordance
with the fee schedule for the Town of Porter as amended from time
to time, and/or by resolution of the Town of Porter Board.
[b]
Such payment shall be a condition of approval of
the special use permit. No special use permit shall be signed by the
Chairperson of the Zoning Board until such payment has been received
by the Town of Porter.
[c]
Monies received from such payment shall be placed
in a recreation fund or as approved by Town Board resolution, such
monies to be expended for development of parks or recreation facilities
and/or programs, and/or acquisition of recreation/park land within
the Town of Porter, and/or as approved by Town Board resolution.
[d]
The Planning Board shall decide, by resolution,
as to the allowance of alternative community benefit. The approved
community benefit shall be stipulated on the approved special use
permit.
(b)
Subject to a public hearing to hear all comments for and against
the application. The reviewing board(s) of the Town of Porter shall
make public hearing notices and follow the common review procedures
established in the currently adopted Town Zoning Law.
(c)
Referred to the Niagara County Planning Board pursuant to General
Municipal Law § 239-m if required.
(d)
Upon closing of the public hearing, the reviewing board(s) shall
act on the application within 62 days of the public hearing, which
can include approval, approval with conditions, or denial. The sixty-two-day
period may be extended upon consent by both the reviewing board(s)
and the applicant.
(2)
Underground requirements: All on-site (non-right-of-way) utility
lines shall be placed underground to the maximum extent feasible and
as permitted by the serving utility. All new interconnection equipment,
including without limitation any poles, within a new utility easement
and/or right-of-way shall be screened/buffered, as stipulated on the
Planning Board approved site plan. Minimum standards shall be similar
to primary screening requirement herein.
(3)
Vehicle paths: Vehicular paths within the site shall be designed
to minimize the extent of impervious materials and soil compaction.
All projects shall minimize/eliminate any nonimperative vehicle paths.
(a)
Emergency service access (Building Code's fire access road/driveway)
for the main access path shall be always maintained clear of obstructions,
including snow removal and/or debris; if property is used mutually
with other permitted uses, all access paths shall be maintained unobstructed
by others' equipment and/or activities. The owner and solar entity's
lease agreement shall include above access requirements stipulated/agreement
language written in the contract.
(4)
Signage.
(a)
No signage or graphic content shall be displayed on the solar
energy system(s) except the manufacturer's name, equipment specification
information, safety information, and twenty-four-hour emergency contact
information. Said information shall be depicted within an area no
more than eight square feet located adjacent to the perimeter fencing's
main gate or otherwise approved by the Planning Board. Emergency contact
information shall always be maintained current.
(b)
As required by National Electrical Code (NEC), disconnect and
other emergency shutoff information shall be clearly displayed on
a light-reflective surface. A clearly visible warning sign concerning
voltage shall be placed at the base of all pad-mounted transformers
and substations.
(5)
Glare: All solar panels shall have antireflective coating(s).
(6)
Lighting: Lighting of the solar energy system(s) shall be limited
to that minimally required for safety and operational purposes and
shall be reasonably shielded and downcast from abutting properties.
(7)
Tree-cutting/tree removal: Removal of existing, live trees larger
than six inches in diameter should be minimized to the greatest extent
possible.
(8)
Master Plan approval for entire parcel's use(s) shall be provided
with the application for Tier 3 solar projects; for example, a subdivision
of a parcel which has had a solar energy system special use permit
issued is not allowed if the Tier 3 solar energy system's lot coverage
requirements will not comply with this regulation.
(9)
Decommissioning.
(a)
Solar energy systems that have been abandoned and/or not producing
electricity for a period of six months shall be removed at the owner's
and/or operator's expense, which at the owner's option may come from
any security made with the Town of Porter as set forth in an upcoming
section herein.
(b)
If the use of any Tier 3 solar energy system is discontinued,
the provider/operator/owner shall notify the Town of Porter Code Enforcement
Officer within 90 days of such discontinuance.
(c)
A decommissioning plan [see example in Subsection H(9)(d)] signed by both the landowner and the operator of the solar energy system shall be submitted by the applicant, addressing the following:
[1]
The cost of removing the solar energy system.
[a]
Detailed/itemized cost estimate shall be included.
[b]
Estimate shall include repairs and/or remediation
of all existing conditions, prior to development.
[c]
Soil testing is required and shall be included
in the decommissioning of said solar project. A "Toxicity Characteristic
Leaching Procedure (TCLP)" is a soil sample extraction, which shall
be the primary soils test used in conjunction with the "Guide to Soil
Testing and Interpreting Results," as established by Cornell Waste
Management Institute, dated 15 April 2009. A base line (datum) soil
test and a TCLP for soil composition and elements shall be performed
prior to construction of the solar development and test results included
in the decommissioning plan as an attachment.
[2]
The time required to decommission and remove the solar energy
system and any ancillary structures.
[3]
The time required to repair any damages/modifications caused
to the property by the installation and removal of the solar energy
system.
[4]
Notification of discontinuance: The landowner and the solar
system operator shall notify the Town of Porter, in writing, of discontinuance.
[5]
The applicant/landowner/operator of the solar energy system
shall submit an updated/revised decommissioning plan every five years
during the life of the solar energy system. The updated/revised decommissioning
plan shall include an updated/revised security deposit/bond as is
deemed acceptable by Town of Porter Board resolution.
[6]
The landowner and/or the solar energy system's operator shall
be wholly liable for the cost and completion of all decommissioning
requirements. The Town of Porter shall be indemnified of all decommissioning
requirements. Indemnification shall be as stipulated by the Town of
Porter Attorney, and included in the decommissioning plan's documentation.
(d)
Example decommissioning plan (following):
 |
(10)
Security.
(a)
The deposit, execution, or filing with the Town of Porter Clerk
of cash, bond, or other form of security reasonably accepted to the
Town of Porter Attorney and Town Board, shall be in an amount sufficient
to ensure the good faith performance of the terms and conditions of
the decommissioning plan issued pursuant hereto and to provide for
the removal and restoration of the site subsequent to removal. The
amount of the bond or security shall be 125% of the approved estimated
cost of removal of the Tier 3 solar energy system and restoration
of the property with an escalator of 3% annually for the life of the
solar energy system.
(b)
In the event of default upon performance of such conditions,
after proper notice and expiration of any cure periods, the cash deposit,
bond, or security shall be forfeited to the Town of Porter, which
shall be entitled to maintain an action thereon. The cash, deposit,
bond, or security shall remain in full force and effect until restoration
is complete.
(c)
In the event of default or abandonment of the solar energy system,
the system shall be decommissioned as set forth herein.
(11)
Site plan review application. For any solar energy system requiring
a special use permit, site plan review approval shall be required.
Any site plan application shall include the following information:
(a)
A copy of the parcel's deed and any/all covenants, deed restrictions,
and/or "debt for nature" agreements (USDA DFN).
(b)
A survey drawing by a NYS licensed professional that shows all
man-made structures, all trees of six-inch diameter trunk and larger,
as well as the following:
[1]
Property lines and physical features, including roads, for the
project site.
[2]
Proposed changes to the landscape of the site, grading, vegetation
clearing and planting, exterior lighting, and screening vegetation
or structures.
[3]
A one- or three-line electrical diagram detailing the solar
energy system's layout, solar collection installation, associated
components, and electrical interconnection methods, with National
Electrical Code compliant disconnects and overcurrent devices.
(c)
A preliminary equipment specification sheet that documents all
proposed solar panels, significant components, mounting systems, and
inverters that are to be installed. A final equipment specification
sheet shall be submitted prior to the issuance of a building permit.
(d)
Name, address, and contact information of proposed or potential
system installer and the owner and/or operator of the solar energy
system.
(e)
Name, address, phone number, and signature of the project applicant,
as well as all property owners, demonstrating their consent to the
application and the use of the property for solar energy systems.
(f)
Zoning district designation for the parcel(s) of land comprising
the project site.
(g)
Property operation and maintenance plan; such plan shall describe
continuing photovoltaic maintenance and property upkeep, such as mowing
and trimming. The plan shall also include language that specifically
addresses the currently adopted property maintenance regulations of
the Town of Porter.
(h)
Erosion, sediment control and stormwater management plans prepared to the Code of the Town of Porter, Chapter 200, Article V, § 200-84, and/or New York State Department of Environmental Conservation standards. An MS4 stormwater pollution prevention plan (SWPPP) approval and implementation shall be as determined by NYSDEC standards and shall be maintained through the project's completion.
(i)
Prior to the issuance of the building permit or final approval
by the Planning Board and/or Zoning Board of Appeals, but not required
as part of the application, engineering documents must be signed and
sealed by a New York State (NYS) licensed professional engineer or
NYS licensed architect.
(12)
Special use permit standards.
(a)
Lot size.
[1]
The property on which the Tier 3 solar energy system is placed
shall meet the following lot size requirements:
|
Tier 3 Ground-Mounted Solar Energy Systems (only)
| |
|---|---|
|
Minimum Lot Size Requirements
| |
|
Zoning District
|
Tier 3 Solar Energy Systems
|
|
RA - Rural Agricultural
|
not allowed
|
|
LDR - Low Density Residential
|
not allowed
|
|
WR - Waterfront Residential
|
not allowed
|
|
MDR - Medium Density Residential
|
not allowed
|
|
CMU - Commercial Mixed Use
|
not allowed
|
|
RC - Rural Commercial
|
not allowed
|
|
M-1 - Light Industrial
|
>2.5 acres
|
|
M-2 - General Industrial
|
>2.5 acres
|
|
M-3 - Heavy Industrial
|
>2.5 acres
|
(b)
Setbacks.
[1]
The Tier 3 solar energy system shall meet the following setback
requirements:
[a]
Tier 3 ground-mounted solar energy systems' fire
access road(s) and landscaping may occur within the setback area (outside
of buildable area). However, the area inside of the required perimeter
fencing shall be used for lot coverage determination. All Tier 3 solar
energy systems shall be set back a minimum of 500 feet from all adjacent
dwelling structures, and/or the following lot line setback; the setback
which is more restrictive and imposes a higher standard or requirement
shall govern.
|
Minimum Lot Line Setback Requirements (feet)
| |||
|---|---|---|---|
|
Tier 3 Ground-Mounted
| |||
|
Zoning District
|
Front
|
Side
|
Rear
|
|
RA - Rural Residential
|
NA
|
NA
|
NA
|
|
LDR - Low Density Residential
|
NA
|
NA
|
NA
|
|
WR - Waterfront Residential
|
NA
|
NA
|
NA
|
|
MDR - Medium Density Residential
|
NA
|
NA
|
NA
|
|
CMU - Commercial Mixed Use
|
NA
|
NA
|
NA
|
|
RC - Rural Commercial
|
NA
|
NA
|
NA
|
|
M-1 - Light Industrial
|
100
|
50
|
50
|
|
M-2 - General Industrial
|
100
|
50
|
50
|
|
M-3 - Heavy Industrial
|
100
|
50
|
50
|
|
Key: NA = Not Allowed
|
(c)
Height. The Tier 3 solar energy system(s) shall comply with
the maximum height limitations of 16 feet above average finished grade
in all zoning districts.
(d)
Lot coverage.
[1]
The following components of a Tier 3 solar energy system(s)
shall be considered included in the calculations for lot coverage
requirements:
[a]
Foundation systems, typically consisting of driven
piles or monopoles or helical screws with or without small concrete
collars.
[b]
All mechanical and/or electrical equipment of the
solar energy system, including any pad-mounted structure for batteries,
switchboard, transformers, energy storage systems, and/or similar
structures.
[c]
Solar panels, rail systems, and/or supporting structures.
[d]
Access roads inside of the buildable area (perimeter
fence) servicing the solar energy system.
[e]
The entire area inside of the required perimeter
fence.
[2]
Lot coverage of the solar energy system, as defined above, shall
not exceed the maximum following requirements:
|
Lot Coverage Requirements
|
|
Tier 3 Ground-Mounted Solar Energy Systems
|
|
The lot coverage area of said systems shall include all components
and equipment associated with any solar energy system except as noted
otherwise. The area inside of the required perimeter fencing shall
be used for lot coverage determination - divided by the total lot
area.
|
|
Maximum Lot Coverage Requirements
| |
|---|---|
|
Zoning District
|
Tier 3 Solar Energy Systems
|
|
RA - Rural Agricultural
|
NA
|
|
LDR - Low Density Residential
|
NA
|
|
WR - Waterfront Residential
|
NA
|
|
MDR - Medium Density Residential
|
NA
|
|
CMU - Commercial Mixed Use
|
NA
|
|
RC - Rural Commercial
|
NA
|
|
M-1 - Light Industrial
|
60%
|
|
M-2 - General Industrial
|
80%
|
|
M-3 - Heavy Industrial
|
80%
|
|
Key: NA = Not Allowed
|
(e)
Fencing requirements. All mechanical equipment, including any
structure for storage batteries and any structure for solar equipment
shall be enclosed by a seven-foot-high fence, as required by NEC,
with a self-locking gate to prevent unauthorized access.
(f)
Screening and visibility:
[1]
All Tier 3 solar energy systems shall have views minimized from
adjacent homes and from public roads, to the maximum extent reasonably
practicable, using architectural features, earth berms, landscaping,
or other screening methods that will harmonize with the character
of the property and surrounding area; and/or as approved by the Planning
Board.
[2]
Solar energy systems, at the discretion of the Planning Board,
shall be required to:
[a]
Conduct a visual assessment of the visual impacts
of the solar energy system(s) on public roadways and adjacent properties.
At a minimum, a line-of-sight profile analysis shall be provided.
Depending upon the scope and potential significance of the visual
impacts, additional impact analyses, including, for example, a digital
viewshed report, may be required by the applicant.
[b]
Submit a screening and landscaping plan to show
adequate measures to minimize views through landscaping, grading,
or other means so that views of solar panels and solar energy equipment
shall be minimized as reasonably practical from public roadways and
adjacent homes to the maximum extent feasible, at the discretion of
the Planning Board.
[c]
The screening and landscaping plan shall specify
the locations, elevations, height, plant species, and/or materials
that will comprise the screening structures, landscaping, and/or grading
used to screen and/or mitigate any adverse aesthetic effects of the
system. The landscaped screening shall be comprised of a minimum of
one evergreen tree, at least six feet in height at time of planting,
plus one supplemental shrub, spaced at six lineal feet, in double
staggered rows on center (see diagram herein); or at the reasonable
discretion of the Town of Porter Planning Board, the double staggered
row screening plants shall be located within 10 linear feet of the
solar energy system's perimeter fencing, between the fencing and the
road/neighboring homes. Existing vegetation may be used to satisfy
all or a portion of the required landscaped screening, at the discretion
of the Planning Board. The following diagram shall be a standard for
screening plant(s) layout:
 |
[i]
The following list of trees and shrubs are approved.
(The Town may update the list from time to time, at the discretion
of the Planning Board):
|
Approved Conifer Trees:
|
Approved Shrubs:
|
|---|---|
|
Juniperus virginiana/Eastern red cedar, var. "Burkii," "Canaertii"
or "Idyllwild"
|
Amelanchier stolonifera/running serviceberry
|
|
Juniperus scopulorum/Western red cedar, var. "Wichita Blue"
|
Cornus alba/red twig dogwood
|
|
Picea glauca/white spruce, straight species only
|
Cornus racemosa/gray dogwood
|
|
Thuja occidentalis/Eastern white cedar, var.
|
Cornus sericea/red osier dogwood
|
|
"Nigra," "Techny"
|
Corylus americana/hazelnut
|
|
Thuja plicata/western white cedar, var. "Green Giant"
|
Crataegus crus-galli/hawthorn
|
|
Ilex glabra/inkberry
| |
|
Lindera benzoin/spicebush
| |
|
Malus species/crabapple
| |
|
Physocarpus opulifolious/ninebark
| |
|
Prunus americana/American plum
| |
|
Salix purpurea/pussywillow
| |
|
Sambucus canadensis/American elderberry
| |
|
Viburnum dentatum/arrowwod viburnum
| |
|
Viburnum lentago/nannyberry
| |
|
Viburnum trilobum/cranberry bush
|
[d]
Plantings of all required screening shall be planted,
fertilized, mulched, and watered in accordance with national industry
standards. Plantings are to be inspected weekly for the first two
months of the growing season, after planting date, then monthly for
four more months. Plantings that fail within one year after planting
must be replaced by the original contractor. Continuous maintenance
and/or replacement, as necessary, for the life of the solar energy
system's project is required; the screening specified herein shall
not be compromised for the life of the project.
(g)
Agricultural resources. For projects located on agricultural
lands and/or in Niagara County agricultural districts:
[1]
All Tier 3 solar energy systems located on parcels that consist
of prime farmland or farmland of statewide importance shall not exceed
50% of the area of prime farmland or farmland of statewide importance
on the parcel. Tier 3 solar energy systems on prime farmland or farmland
of statewide importance shall be required to seed 20% of the total
surface area of all solar panels on the lot with native perennial
vegetation designed to attract pollinators.
[2]
To the maximum extent practicable, Tier 3 solar energy systems
located on prime farmland shall be constructed in accordance with
the construction requirements of the New York State Department of
Agriculture and Markets ("New York State Department of Agriculture
and Markets Guidelines for Agricultural Mitigation for Solar Energy
Projects," https://s30428.pcdn.co/wp-content/uploads/sites/2/2019/09/NY
Solar Energy Guidelines.pdf).
[3]
Tier 3 solar energy system owners shall develop, implement,
and maintain native vegetation to the extent practicable pursuant
to a vegetation management plan by providing native perennial vegetation
and foraging habitat beneficial to game birds, songbirds, and pollinators.
To the extent practicable, when establishing perennial vegetation
and beneficial foraging habitat, the owners shall use native plant
species and seed mixes.
(h)
Ownership changes: if the owner or operator of the solar energy
system(s) changes or the owner of the property changes, the special
use permit shall remain in effect, provided that the successor owner
or operator assumes in writing all the obligations of the special
use permit, site plan approval, and decommissioning plan. A new owner
or operator of the solar energy system(s) shall notify the Zoning
Enforcement Officer of such change in ownership or operator within
21 days of the ownership change.
(i)
Safety.
[1]
Solar energy systems and solar energy equipment shall be certified
under the applicable electrical and/or currently adopted Building
Codes as required.
[2]
Solar energy systems shall be maintained in good working order
and in accordance with industry standards. Site access shall be maintained,
including snow removal at a level acceptable to the local Fire Department
and, if the Tier 3 solar energy system is in an ambulance district,
the local ambulance corps.
[a]
If storage batteries are included as part of the
solar energy system, they shall meet the requirements of any/all applicable
fire prevention and currently adopted Building and Zoning Code when
in use and, when no longer used, shall be disposed of in accordance
with the laws and regulations of the Town of Porter and any applicable
federal, state, or county laws or regulations. Battery storage systems
shall be included in the decommissioning plan and/or the required
security for decommissioning.
(j)
Permit time frame and abandonment.
[1]
The special use permit and site plan approval for a solar energy
system(s) shall be valid for a period of 12 months, provided that
a building permit is issued for construction. In the event construction
is not completed in accordance with the final site plan, as may have
been amended and approved, as required by the Planning Board, within
12 months after approval, the applicant may request that the Town
of Porter Code Enforcement Officer extend the time to complete construction
for six months. If the owner and/or operator fails to perform substantial
construction/completion after 24 months, the approvals shall expire.
[2]
Upon cessation of electricity generation of a solar energy system(s)
on a continuous basis for six months, the Town of Porter may notify
and instruct the owner and/or operator of the solar energy system(s)
to implement the decommissioning plan. The decommissioning plan must
be completed within six months of notification.
[3]
If the owner and/or operator fail to comply with decommissioning
upon any abandonment, the Town of Porter may, at its discretion, utilize
the security and/or bond for the removal of the solar energy system(s)
and restoration of the site in accordance with the decommissioning
plan.
(k)
Enforcement: Any violation of this solar energy section shall
be subject to the same enforcement requirements, including the civil
and criminal penalties, provided for in the Zoning Laws of the Town
of Porter.
(l)
Severability: The invalidity or unenforceability of any subsection,
paragraph, sentence, clause, provision, or phrase of the aforementioned
section, as declared by the valid judgment of any court of competent
jurisdiction to be unconstitutional, shall not affect the validity
or enforceability of any other subsection, paragraph, sentence, clause,
provision, or phrase, which shall remain in full force and effect.
Private swimming pools shall be subject to the following requirements:
A.
Application/permits.
(1)
A building permit shall be required for all swimming pools. Building
permit application shall be made to the Zoning/Code Enforcement Officer
and shall be accompanied by:
(a)
A plot plan of the property on which the swimming pool is to
be constructed or placed showing the location of the swimming pool
in reference to the side line, rear lines, grades, basement and other
structures on the property and existing electrical service lines.
(b)
The pool dimensions and depths.
(c)
The location and dimensions of the fence and any structures
or appurtenances built or that are to be built in conjunction with
the swimming pool.
(d)
The estimated cost of the pool.
(e)
The location and type of waste disposal and drainage system
of the property.
(f)
The location and source of water supply.
(g)
The location, size and description of all proposed electrical
connections, lighting (both above and below ground) and any pool-heating
device.
(h)
Each application shall be accompanied by the required building
permit fee.
(2)
A bathhouse, pump house, or any other structure erected in connection
with such swimming pool shall require a separate building permit.
B.
Location/use.
(1)
The pool shall be used only as an accessory use to a dwelling for
the private use of the owner or occupant of such dwelling and their
families and guests.
(2)
Swimming pools shall be located in rear yard, but not closer than
10 feet to the rear or side property line. In cases where locating
a swimming pool in a rear yard is impossible due to the presence of
a septic system, a swimming pool may be located in a side yard provided
that all setback and fencing requirements are still met.
(3)
Swimming pools shall be located at least 15 feet from any house basement
for an in-ground pool and at least 10 feet from any house basement
for an aboveground pool.
(4)
Aboveground and in-ground pools shall be located at least 20 feet
from any active well, septic tank, or leach bed, unless conditions
warrant a lessening or increasing of this distance.
(5)
Pools equipped with an integral filtration system and filter pumps
or other mechanical devices shall have them be so located and constructed
so as not to interfere with the peace, comfort and repose of the occupant
of any adjoining.
(6)
Pools shall be maintained in a manner sufficient to meet the bacterial
standards established by the provisions of the New York State Sanitary
Code relating to public swimming pools.
C.
Electrical/plumbing.
(1)
All electrical installations in or near swimming pools shall be in
strict accord with the National Electrical Code, Article 680. All
wiring for such installations shall be underground. All wiring must
be inspected by a certified electrical inspection agency and a final
certificate of compliance furnished to the Zoning/Code Enforcement
Officer.
(2)
No pool shall be erected within 10 feet of existing electrical service
lines, nor below electrical power lines.
(3)
No lights shall be erected, operated or maintained in connection
with a swimming pool in such a manner as to create an annoyance to
surrounding properties. They shall be so designed so as to be directed
on the pool or adjacent area and shall not illuminate neighboring
premises.
(4)
All plumbing and drainage connected with the installation shall comply
with the provisions of the New York State Uniform Fire Prevention
Building Code applicable to plumbing.
(5)
No permit shall be issued for such pool unless the applicant can
show that there is sufficient water supply to accommodate such pool
without detriment to normal water consumption requirements and that
all proposed water supply connections are proper and adequate.
(6)
No permit shall be issued for such pool unless the applicant can
show that the proposed drainage of such pool is adequate and will
not interfere with existing sewerage or drainage facilities, with
the property of others or with public highways. Pools may not be drained
into septic systems.
D.
E.
Pool alarms. Every swimming pool must be equipped with an approved
pool alarm in accordance with the requirements of the New York State
Fire Prevention and Building Code.
F.
Hot tubs/spas. Fencing and pools alarms are not required in hot tubs
and spas equipped with a safety cover classified to reference standard
ASTM FB46, entitled "Standard Performance Specification for Safety
Covers and Labeling Requirements for All Covers for Swimming Pools,
Spas and Hot Tubs."
G.
Wading pools having a depth of less than 24 inches. No person shall
leave a wading pool uncovered and unattended in such a location or
in such a manner as to create a hazard to children living in the neighborhood.[3]
H.
Abandonment. In the event that an owner shall abandon an outdoor
swimming pool, he shall so notify the Zoning/Code Enforcement Officer,
and shall forthwith fill all voids and depressions and restore the
premises to the same grade and condition as before the swimming pool
was constructed and shall notify the Zoning/Code Enforcement Officer
when restoration work has been completed.
I.
Compliance. No pool shall be used until all compliances to local
inspections are approved. Applicants for swimming pool permits shall
comply with these regulations and all applicable requirements of the
State of New York. Where the regulations of the Town and state are
inconsistent, the more restrictive requirements shall govern.
Except as otherwise expressly provided in this section, temporary
uses are permitted in any zoning district subject to the following
standards and subject to the issuance of a temporary use permit:
A.
Particular temporary uses permitted. Subject to the specific regulations
and time limits that follow, and to the other applicable regulations
of the district in which the use is permitted, the following temporary
uses of land are permitted in the zoning districts herein specified:
(1)
Carnival, circus or festival.
(c)
Approval by the Zoning/Code Enforcement Officer shall be based
on the adequacy of the parcel size, parking provisions and traffic
access and the absence of undue adverse impact on surrounding properties.
(d)
Such use shall be limited to a period not to exceed 10 days.
(e)
Such use need not comply with the front yard requirements of
this chapter, except that structures or equipment that might block
the view of operators of motor vehicles on the public streets shall
not be located within 30 feet of the intersection of the curblines
of any two streets. In no case shall the use be permitted in the right-of-way.
(f)
Such use need not comply with the maximum height requirements
of this chapter.
(2)
Contractors' offices, equipment sheds and construction staging areas.
(a)
Contractors' offices, equipment sheds and construction staging
areas containing no sleeping or cooking accommodations may be permitted
in any district when accessory to a construction project.
(b)
Temporary storage shall be allowed as an accessory use to the
contractor's office or equipment shed.
(c)
Such use shall be limited to a period not to exceed the duration
of one year; after one year, a renewal of the temporary use shall
be required.
(d)
No certificate of occupancy shall be issued until the contractor's
offices and equipment are removed from the site.
(3)
Dumpsters. The temporary use of dumpsters during construction or
renovations shall be permitted, provided the following:[3]
(a)
There shall be no more than one dumpster per property.
(b)
Except as provided in Subsection A(3)(b)[1] and [2] below, a dumpster shall not remain at a property in any zoning district in excess of seven consecutive days, and must not be placed at any one property in any zoning district in excess of 30 days in any calendar year.
[1]
Dumpsters associated with construction at a site where a building
permit has been issued are permitted for the duration of construction
and shall be removed from the site within seven days of the end of
construction.
[2]
Dumpsters associated with the cleanup or restoration of a site following
a disaster such as a fire or flooding are permitted for the duration
of the remediation of a site and shall be removed from the site within
seven days of the end of the cleanup or restoration.
(c)
The dumpster shall be set back a minimum of 10 feet from all
property lines.
(d)
Dumpsters shall not be allowed to overflow and shall be emptied
when their capacity has been reached.
(5)
Indoor and outdoor art and craft shows, exhibits and sales.
(6)
Portable storage containers. Portable storage structures may be permitted
in any zoning district, provided the following:[4]
(a)
There shall be no more than one portable storage container per
property.
(b)
The portable storage container shall be no larger than 10 feet
wide, 20 feet long and 10 feet high.
(c)
Except as set forth in Subsection A(6)(c)[1] and [2] below, a portable storage container shall not remain at a property in any zoning district in excess of 14 consecutive days, and must not be placed at any one property in any zoning district in excess of 30 days in any calendar year.
[1]
Portable storage containers associated with construction at a site
where a building permit has been issued, are permitted for the duration
of construction and shall be removed from the site within 14 days
of the end of construction.
[2]
Portable storage containers associated with the cleanup or restoration
of a site following a disaster such as a fire or a flooding are permitted
for the duration of the remedial action and shall be removed from
the site within 14 days of the end of the cleanup or restoration.
(d)
The portable storage container shall be set back a minimum of
five feet from all property lines.
(e)
The portable storage container shall be set back a minimum of
five feet from the nearest wall of a building.
(f)
Containers associated with the storage of farm equipment shall
not be considered as a portable on demand storage container.
(7)
Real estate offices.
(a)
Real estate offices containing no sleeping or cooking accommodations
unless located in a model dwelling unit may be permitted in any district
when accessory to a new housing development.
(b)
Such use shall be limited to the period of the active selling
or leasing of dwelling units in such development.
(8)
Roadside stands.
(a)
Roadside farm stands shall be permitted without a temporary
use permit.
(b)
Temporary roadside stands are exempted from the yard and setback
requirements for the use district in which it is located.
(c)
No roadside stand shall be located in the right-of-way.
(d)
Pulloffs shall be provided to allow vehicles to park on areas
off the road and right-of-way.
(9)
Seasonal sales.
(a)
Seasonal sales, including, but not limited to, Christmas tree
sales, may be permitted in any district when approved by the Zoning/Code
Enforcement Officer on the basis of the adequacy of the parcel size,
parking provisions and traffic access and the absence of undue adverse
impact on other properties in the district. For periods exceeding
30 days, the Planning Board may also impose a reasonable time limit
depending on the nature of the seasonal sale.[5]
(b)
Display of Christmas trees need not comply with the yard and
setback requirements of this chapter, except that no tree shall be
displayed within 30 feet of the intersection of the curblines of any
two streets. In no case shall the use be located in the right-of-way.
B.
Parking. Before approving any temporary use, the Zoning/Code Enforcement
Officer shall make an assessment of the total number of off-street
parking spaces which shall be reasonably required for use, on the
basis of the particular use, its intensity, and the availability of
other parking facilities in the area, and shall approve such temporary
use only if such off-street parking is provided.
C.
Hours or days of operation. No temporary use shall be operated during
any hours or on any days of the week except as are designated by the
Zoning/Code Enforcement Officer in the certificate required by this
section on the basis of the nature of the temporary use and the character
of the surrounding uses.
Vehicle rental/sales establishments shall be subject to the
following requirements:
A.
Vehicle storage areas shall be surfaced so as to provide an all-weather,
durable and dustless surface and shall be graded and drained to dispose
of surface water accumulation by means of a positive stormwater drainage
system connected to an approved wastewater treatment system.[1]
B.
Accessory repairs shall be allowed provided they are performed within
the principal building on the premises.
C.
All permanent storage of material, equipment, and merchandise other than vehicles shall be within the principal building, with the exception of refuse and trash which shall be stored in closed containers and in an area screened from view at all points on any public or private property or street when viewed from ground level and in accordance with § 200-81, Refuse storage areas.
D.
Screening shall be provided along all lot lines abutting or adjacent
to residentially zoned or developed property to block any view of
repair operations and stored material and equipment from all points
on such residential property when viewed from ground level.
Vehicle repair stations shall be subject to the following requirements:
A.
All repairs shall be performed within an enclosed principal building
on the premises.
B.
Partially dismantled or wrecked vehicle or any unlicensed vehicle
shall be stored in an enclosed building or an area that is sufficiently
screened from public view.
C.
All permanent storage of material, merchandise and equipment shall
be within the principal building, with the exception of refuse and
trash which shall be stored in closed containers and in an area screened
from view at all points on any public or private property or street
when viewed from ground level.
D.
Sufficient screening shall be provided along all lot lines abutting
or adjacent to residentially zoned or developed property to block
any view of repair operations and stored material and equipment from
all points on such residential property when viewed from ground level.
Vehicle service (fueling) stations shall be subject to the following
requirements:
A.
No open-air outdoor storage of materials, merchandise and equipment
shall be permitted during nonbusiness hours. Storage of materials,
merchandise and equipment during nonbusiness hours shall take place
within the principal building or within closed, secure containers
such as outdoor storage cabinets.
B.
Refuse and trash may be stored outdoors at all times only if placed
in closed containers located in an area screened from view at all
points on any public or private property or street when viewed from
ground level.
C.
Screening shall be provided along all lot lines abutting or adjacent
to residentially zoned or developed property to block any view of
service station operations and stored material and equipment from
all points on such residential property when viewed from ground level.
A.
Finding. The Town Board of the Town of Porter 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. The Town Board also finds the necessity to regulate siting,
installation and operation of commercial wind energy conversion systems
to protect our natural resources and to protect the health, safety
and welfare of adjacent property owners and the general public.
B.
Site plan submission requirements. In addition to all other submission requirements contained in § 200-106 of this chapter, application for commercial wind energy conversion systems (WECS) shall require the following information:
(1)
The make, model, and manufacturer specifications of the proposed
WECS.
(2)
A visual environmental assessment form (visual EAF), landscaping
plan, and visual assessment report, including appropriate models and
photography assessing the visibility from key viewpoints identified
in the visual EAF, existing tree lines and proposed elevations. The
visual EAF shall include a detailed or photographic simulation showing
the site fully developed with all proposed wind turbines and accessory
structures. The Planning Board reserves the right to deny any application
when it feels that there will be negative impacts on significant scenic
views.
(3)
A property value analysis, prepared by a licensed appraiser in accordance
with industry standards, regarding the potential impact on values
of properties adjoining WECS sites, including properties across public
roads from the site.
(4)
Evidence from NYSERDA that the site is feasible for commercial wind
energy generation.
(5)
Location of the tower(s) on the site and the tower height, including
blades, rotor diameter and ground clearance.
(6)
Utility lines, both above and below ground, within a radius equal
to the proposed tower height including the blades.
(7)
Property lot lines and the location and dimensions of all existing
structures and uses within 1,200 feet of the wind-energy conversion
systems.
(8)
Dimensional representation of the various structural components of
the tower construction including the base and footing.
(9)
Certification by a registered New York State professional engineer
that the tower's design is sufficient to withstand wind loading requirements
for structures as established by the New York State Uniform Construction
Code.
(10)
Proposed plan for restoration after construction according to
NYS Agriculture and Markets publication "Guidelines for Agricultural
Mitigation for Wind Power Projects," and NYS Department of Environmental
Conservation guidelines.
(11)
Detailed construction plan, including but not limited to a construction
schedule, hours of operation; designation of heavy haul routes; a
list of material equipment and loads to be transported; identification
of temporary facilities intended to be constructed and contact representative
in the field with name and phone number.
(12)
Turbine information. The applicant shall submit specific information
on the type, size, height, rotor material, rated power output, performance,
safety, and noise characteristics of each commercial wind turbine
model, tower, and electrical transmission equipment.
(13)
Turbine drawings. The applicant shall submit photographs or
detailed drawings of each wind turbine model including the tower and
foundation.
(14)
Noise analysis. The applicant shall submit a noise analysis
which shall include the following:
(a)
A description and map of the projects noise-producing features,
including the range of noise levels expected, and the tonal and frequency
characteristics expected. The noise analysis shall include low frequency,
infrasound, pure tone, and repetitive/impulsive sound.
(b)
A description and map of the noise-sensitive environment, including
any sensitive noise receptors, i.e., residences, hospitals, libraries,
schools, places of worship and other facilities where quiet is important
within two miles of the proposed facilities.
(c)
A survey and analysis prepared by a qualified engineer that
analyzes the preexisting ambient noise regime (including seasonal
variation), including but not limited to separate measurements of
low frequency and A-weighted noise levels across a range of wind speeds
(including near cut-in), turbulence measurements, distance from the
turbines, location of sensitive receptors relative to wind direction,
and analyses at affected sensitive receptors located within two miles
of the proposed project site.
(d)
A description and map of the cumulative noise impacts.
(e)
A description of the project's proposed noise control features,
including specific measures proposed to protect workers and specific
measures proposed to mitigate noise impacts for sensitive receptors
consistent with levels in this section.
(f)
Identification of any problem areas.
(g)
Manufacturer's noise design and field testing data, both audible
[dB(A)] and low frequency (deep bass vibration), for all proposed
structures.
(h)
An analysis that outlines issues and considerations for individuals
that use hearing aids.
(15)
Fire hazard protection. The applicant shall submit a fire control
and prevention program created in consultation with the fire department(s)
having jurisdiction over the site. The proposed plan may include,
but is not limited to, the following:
(a)
Fireproof or fire-resistant building materials.
(b)
Buffers or fire-retardant landscaping.
(c)
Availability of water.
(d)
An automatic fire-extinguishing system for all buildings or
equipment enclosures of substantial size containing control panels,
switching equipment, or transmission equipment.
(e)
Provision of training and fire-fighting equipment for local
fire protection personnel.
(16)
Ice throw calculations. The applicant shall submit a report
from a New York State professional engineer that calculates the maximum
distance that ice from the turbine blades could be thrown. (The basis
of the calculation and all assumptions must be disclosed.)
(17)
Shadow flicker analysis. The applicant shall submit an analysis
identifying locations where shadow flicker may be caused by the WECS
and the expected duration of the flicker at these locations. The study
shall identify locations where flicker may interfere with residences
and describe measures taken to eliminate or mitigate the problem,
which may include ceasing operation during periods when shadow flicker
effects are greatest.
(18)
Blade throw calculations. The applicant shall submit a report
from a New York State professional engineer that calculates the maximum
distance that pieces of the turbine blades could be thrown. (The basis
of the calculation and all assumptions must be disclosed.)
(19)
Catastrophic tower failure. The applicant shall submit a report
from the turbine manufacturer stating the wind speed and conditions
that the turbine is designed to withstand (including all assumptions).
(20)
FAA Notification. The applicant shall submit a copy of written
notification to the Federal Aviation Administration.
(21)
Utility notification. The applicant shall submit utility interconnection
data and a copy of a written notification to the utility of the proposed
interconnection.
(22)
The applicant must submit information that the proposed construction
of the WECS will not cause interference with microwave transmissions,
cellular transmissions, residential television interference or radio
reception of domestic or foreign signals. The applicant shall include
specific measures proposed to prevent interference, a complaint procedure,
and specific measures proposed to mitigate interference impacts.
(23)
Notification to microwave communications link operators. An
application that includes any wind turbine which is located within
two miles of any microwave communications link shall be accompanied
by a copy of a written notification to the operator of the link.
(24)
Removal and site restoration plan required. The applicant shall
submit a removal and site restoration plan and cost estimate to the
Town Planning Board for its review and approval. The restoration plan
shall identify the specific properties it applies to and shall indicate
removal of all buildings, structures, wind turbines, access roads
and/or driveways and foundations to four feet below finish grade;
road repair costs, if any, and all regrading and revegetation necessary
to return the subject property to the condition existing prior to
establishment of the commercial wind energy facility. The restoration
shall reflect the site-specific character, including topography, vegetation,
drainage, and any unique environmental features. The plan shall include
a certified estimate of the total cost (by element) of implementing
the removal and site restoration plan.
(25)
Proof of insurance. Prior to the issuance of a building permit,
the applicant shall provide the Town Clerk with proof of insurance
in a sufficient dollar amount to cover potential personal and property
damage associated with construction and operation thereof. The Town
of Porter shall be named as an additional insured under the general
liability policy of the applicant.
C.
Setback requirements. The following are minimum set back requirements
for a WECS:
(1)
One thousand feet from the nearest site boundary line.
(2)
One thousand two hundred feet from the nearest off-site residence
existing at the time of application, measured from the exterior of
such residence.
(3)
One and one-half times the height of the WECS from any building.
(4)
One and one-half times the height of the WECS from any non-WEC structure
or any aboveground transmission lines.
D.
Height. A WECS may exceed the height requirement of the district,
but shall not exceed 450 feet.
E.
Signage. No commercial sign shall be placed or painted onto a WECS.
F.
Color and finish. WECS shall be painted a nonobtrusive color that
is nonreflective, (e.g. white, gray, or beige).
G.
Lighting. A WECS shall not use any lighting unless required by the
FAA.
H.
Code compliance. A WECS, including tower, shall comply with all applicable
state construction and electrical codes, and the National Electrical
Code.
I.
Safety and security.
(1)
Each wind turbine shall be equipped with both manual and automatic
controls to limit the rotational speed of the blade within the design
limits of the rotor. Manual, electrical and/or overspeed shutdown
disconnect switches shall be provided and clearly labeled on the wind
turbine structure. No wind turbine shall be permitted that lacks an
automatic braking, governing, or feathering system to prevent uncontrolled
rotation, overspeeding and excessive pressure on the tower structure,
rotor blades, and turbine components.
(2)
All structures which may be charged with lightning shall be grounded
according to applicable electrical codes.
(3)
All wiring between the wind turbines and the wind-energy facility
substation shall be underground. The applicant is required to provide
a site plan showing the locations of all overhead and underground
electric utility lines, including substations for the project.
(4)
All transmission lines from WECS to on-site substations shall be
underground.
(5)
The blade tip of any wind turbine shall, at its lowest point, have
ground clearance of not less than 50 feet.
(6)
Wind turbine towers shall not be climbable up to 15 feet above ground
level.
(7)
All access doors to wind turbine towers and electrical equipment
shall be lockable and shall remain locked at all times when operator
personnel are not present.
(8)
All structures shall be of monopole construction (single pole). No
lattice structures or guy-wire-supported structures shall be permitted.
(9)
Appropriate warning signage shall be placed on wind turbine towers,
electrical equipment, and wind-energy facility entrances. Signage
shall also include two twenty-four-hour emergency contact numbers
to the owner of the wind turbine in accordance with local, state,
and federal codes.
(10)
No structure shall be located within the ice throw range of
a WECS.
J.
Noise requirements.
(1)
A commercial wind-energy facility permit shall not be granted unless
the applicant demonstrates that the proposed project complies with
all noise regulations.
(2)
The Planning Board may impose a noise 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.
(3)
No audible noise due to wind turbine operations shall be created
which causes the noise level at the boundary of the proposed project
site to exceed 45 dB(A) for more than five minutes out of any one-hour
time period or to exceed 50 dB(A) for any time period.[1]
(4)
A commercial wind-energy facility shall not be operated so that impulsive
sound below 20 Hz adversely affects the habitability or use of any
dwelling unit, hospital, school, library, nursing home, or other sensitive
noise receptor.
(5)
The applicant shall submit a noise complaint and investigation process.
The Planning Board shall determine the adequacy of the noise complaint
and investigation process.
K.
Impact on 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 Porter Comprehensive
Plan and/or the studies and plans of the regional planning commissions
based on criteria established by the federal or state regulatory agencies.
(2)
The impact of a commercial WECS on migratory birds and bats shall
be evaluated based on SEQRA findings.
L.
Remediation following installation.
(1)
The applicant is responsible for remediation of damaged roads upon
completion of the installation or maintenance of a WECS. 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 for any damage to local roads.
M.
Interference. No commercial wind energy facility shall be installed
or operated in a manner that causes interference with radio wave signal.
N.
Monitoring requirements for wind-energy conversion systems.
(1)
Upon reasonable notice, Town of Porter officials or their designated
representatives may enter a lot on which a commercial wind-energy
facility permit has been granted for the purpose of determining and/or
enforcing compliance with any permit requirements. Twenty-four hours'
advance notice by telephone to the owner/operator or designated contact
person shall be deemed reasonable notice.[2]
(2)
The applicant shall submit a plan for monitoring the avian impact
of the commercial WECS to the Planning Board for its review and approval.
Such plan shall document and follow accepted scientific study procedures.
The Planning Board may request that the applicant periodically submit
documentation reporting the environmental impacts of the operational
commercial WECS that shall contain content and be in the form prescribed
by the Planning Board.
(3)
Unless waived by the Planning Board, wind turbines or poles shall
be inspected annually by a New York State licensed professional engineer
who has been approved by the Town or at any other time upon a determination
by the Town's Zoning/Code Enforcement Office that the wind turbine,
tower or pole may have sustained structural damage, and a copy of
the inspection report shall be submitted to the Town Zoning/Code Enforcement
Officer. Any fee or expense associated with this inspection shall
be borne entirely by the permit holder.
O.
Discontinuance of use.
(1)
If the use of any WECS is discontinued, the provider shall notify
the Zoning/Code Enforcement Officer within 90 days of such discontinuance.
(2)
Nonfunction or lack of operation may be proven by reports to the
Public Service Commission, NYSERDA, or by lack of income generation.
The applicant shall make available (subject to a nondisclosure agreement)
to the Town Board all reports to and from the purchaser(s) of energy
from individual wind energy conversion systems, if requested, as necessary
to prove the WECS is functioning, which reports may be redacted as
necessary to protect proprietary information.
(3)
If the WECS will be retained, the provider shall establish that the
facility will be reused, and all necessary approvals obtained, within
one year of such discontinuance.
(4)
If a WECS is not reused within one year of the abandonment, obsolescence
or cessation of use, a demolition permit shall be obtained and the
facility removed within 45 days.
(5)
If the WECS is not removed within the time period, the Town shall
have the authority to remove the facility at the cost of the owner.
(6)
A surety bond in the amount approved by the Town shall be issued
by the applicant payable to the Town of Porter for the removal of
nonfunctioning towers and appurtenant facilities. All removal and
restoration funding requirements shall be met prior to commencement
of construction.
P.
Removal and site restoration.
(1)
Unsafe commercial wind-energy facilities, inoperable commercial wind
energy facilities, and commercial wind-energy facilities for which
the permit has expired shall be removed by the owner. All safety hazards
created by the installation and operation of the commercial wind-energy
facility shall be eliminated, and the site shall be restored to its
natural conditions.
(2)
Every unsafe commercial wind-energy facility and every inoperable
commercial wind-energy facility is hereby declared a public nuisance
which shall be subject to abatement by repair, rehabilitation, demolition,
or removal. An inoperable commercial wind-energy facility shall not
be considered a public nuisance, provided that the owner can demonstrate
that modernization, rebuilding or repairs are in progress or planned
and will be completed within no more than six months.
Noncommercial wind energy conversion systems (WECS) shall be
used primarily to reduce on-site consumption of utility-provided electricity.
In no case shall a noncommercial WECS be constructed which would exceed
110% of the anticipated energy demand for the property collectively,
including existing noncommercial WECS on the same property. Noncommercial
WECS shall be permitted as an accessory use for farming operations
and private residential energy use, provided the following:
A.
Submission requirements. Applications for noncommercial wind energy
conversion systems (WECS) shall require the following information:
(1)
Name, address, and telephone number of the property owner. If the
property owner is not the applicant, the application shall include
the name, address, and telephone number of the applicant and a letter
or other written permission signed by the property owner authorizing
the applicant to represent the property owner.
(2)
Location of the tower(s) on the site and the tower height, including
blades, rotor diameter and ground clearance.
(3)
Utility lines, both above and below ground, within a radius equal
to the proposed tower height, including the blades.
(4)
Property lot lines and the location and dimensions of all existing
structures and uses on site within 200 feet of the wind-energy conversion
systems.
(5)
Specific 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.
(6)
Utility interconnection data and a copy of a written notification
to the utility of the proposed interconnection.
B.
Setback requirements. The following are minimum setback requirements
for a WECS:
C.
Placement.
(1)
The system shall be designed and located in such a manner to minimize
adverse visual impacts from public viewing areas, e.g. public parks,
roads and trails. Noncommercial WECS for a farm operation in a Niagara
County-adopted, state-certified Agricultural District are exempt from
this regulation.
(2)
Anchor points for guy wires for the on-site use WECS shall be located
within the property lines.
D.
Height. A noncommercial WECS may exceed the height requirement of
the District, but shall not exceed 150 feet. A variance may be granted
allowing the height of a noncommercial WECS used for farm operations
in a county-adopted, state-certified Agricultural District to be increased
if it is determined an increase in height is necessary so that the
wind turbine may be located above an existing tree canopy or natural
land formation.
F.
Color and finish. Noncommercial WECS shall be painted a nonobtrusive
color that is nonreflective, (e.g. white, gray, or beige).
G.
Lighting. A noncommercial WECS shall not use any lighting unless
required by the FAA.
H.
Noise.
(1)
The level of noise produced during noncommercial wind turbine operations,
measured at a distance of 1,000 feet from the base of the noncommercial
WECS or from the nearest off-site residential structure shall not
exceed 45 dB(A) for more than five minutes out of any one-hour time
period or exceed 50 dB(A) for any time period.
(2)
A noncommercial wind energy facility shall not be operated so that
impulsive sound below 20 Hz adversely affects the habitability or
use of any dwelling unit, hospital, school, library, nursing home,
or other sensitive noise receptor.
I.
Code compliance. A noncommercial WECS, including tower, shall comply
with all applicable state construction and electrical codes, and the
National Electrical Code.
J.
Safety and security.
(1)
Each wind turbine shall be equipped with both manual and automatic
controls to limit the rotational speed of the blade within the design
limits of the rotor. Manual, electrical and/or overspeed shutdown
disconnect switches shall be provided and clearly labeled on the wind
turbine structure. No wind turbine shall be permitted that lacks an
automatic braking, governing, or feathering system to prevent uncontrolled
rotation, overspeeding and excessive pressure on the tower structure,
rotor blades, and turbine components.
(2)
The system shall be operated such that no disruptive electromagnetic
interference is caused. If it has been demonstrated that a system
is causing harmful interference, the system operator shall promptly
mitigate the harmful interference or cease operation of the system.
(3)
The system shall be operated such that no damage is caused by stray
voltage. If it has been demonstrated that a system is causing stray
voltage, the system operator shall promptly mitigate the damage or
cease operation of the system.
(4)
All structures which may be charged with lightning shall be grounded
according to applicable electrical codes.
(5)
All transmission lines from noncommercial WECS shall be underground.
(6)
The blade tip of any wind turbine shall, at its lowest point, have
ground clearance of not less than 20 feet.
(7)
Wind turbine towers shall not be climbable up to 15 feet above ground
level.
K.
Discontinuance of use.
(1)
It the use of any WECS is discontinued, the provider shall notify
the Zoning/Code Enforcement Officer within 90 days of such discontinuance.
(2)
If the WECS will be retained, the provider shall establish that the
facility will be reused, and all necessary approvals obtained, within
one year of such discontinuance.
(3)
If a WECS is not reused within one year of the abandonment, obsolescence
or cessation of use, a demolition permit shall be obtained and the
facility removed within 45 days.
(4)
If the WECS is not removed within the time period, the Town shall
have the authority to remove the facility at the owner's expense.
[Added 11-12-2019 by L.L.
No. 8-2019[
A.
Purpose. This section is adopted to ensure that the benefits of the
community's solar energy resource are available to the entire community
by promoting the installation of solar energy generating equipment
through a payment in lieu of taxes (PILOT), granting reduced costs
to system developers and energy consumers, and providing a revenue
stream to the entire community.
B.
Authority. This section is adopted under the authority granted by
C.
ANNUAL PAYMENT
ANNUAL PAYMENT DATE
CAPACITY
OWNER
RESIDENTIAL SOLAR ENERGY SYSTEMS
SOLAR ENERGY EQUIPMENT
SOLAR ENERGY SYSTEM
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The payment due under a PILOT agreement entered into pursuant
to Real Property Tax Law § 487(9).
January 1 of each year.
The manufacturer's nameplate capacity of the solar energy
system as measured in kilowatts (kW) or megawatts (MW) AC.
The owner of the property on which a solar energy system
is located or installed, or their lessee, licensee or other person
authorized to install and operate a solar energy system on the property.
A solar energy system with a nameplate generating capacity
less than 50 kW AC in size, installed on the roof or the property
of a residential dwelling (including multifamily dwellings), and designed
to serve that dwelling.
Collectors, controls, energy storage devices, heat pumps
and pumps, heat exchangers, windmills, and other materials, hardware
or equipment necessary to the process by which solar radiation is
collected, converted into another form of energy, such as thermal,
electrical, mechanical or chemical; stored; protected from unnecessary
dissipation and distributed. It does not include pipes, controls,
insulation or other equipment which are part of the normal heating,
cooling, or insulation system of a building. It does include insulated
glazing or insulation to the extent that such materials exceed the
energy efficiency standards required by New York law.
An arrangement or combination of solar energy equipment designed
to provide heating, cooling, hot water, or mechanical, chemical, or
electrical energy by the collection of solar energy and its conversion,
storage, protection and distribution.
D.
PILOT required.
(1)
The owner of a property on which a solar energy system is located
or installed (including any improvement, reconstruction, or replacement
thereof), shall enter into a PILOT agreement with the Town of Porter
consistent with the terms of this section, except for:
(2)
The lessee or licensee of any owner of a property required to enter
into a PILOT agreement by this section, which owns or controls the
solar energy system, may enter into the PILOT agreement on behalf
of the owner of the property.
(3)
Upon receipt of any notification (by Town Assessor or Town Code Enforcement
Officer or Town Supervisor) from an owner or other party, of intent
to install a solar energy system, the Town Assessor or Town Code Enforcement
Officer or Town Supervisor shall immediately, but in no case more
than 60 days, after receipt of the notification, notify the owner
or other person of the mandatory requirement for a PILOT agreement
pursuant to the terms of this section.
(4)
Nothing in this section shall exempt any requirement for compliance
with state and local codes for the installation of any solar energy
equipment or a solar energy system or authorize the installation of
any solar energy equipment or a solar energy system. All solar energy
systems must file a real property tax exemption application pursuant
to Real Property Tax Law § 487 to receive a tax exemption.
E.
Contents of PILOT agreements (see Appendix A for model agreement).[1]
(1)
Each PILOT Agreement entered into shall include:
(a)
Name and contact information of the owner or other party authorized
to act upon behalf of the owner of the solar energy system.
(b)
The SBL number for each parcel or portion of a parcel on which
the solar energy system will be located.
(c)
A requirement for 15 successive annual payments, to be paid
commencing on the first annual payment date after the effective date
of the real property tax exemption granted pursuant to Real Property
Tax Law § 487.
(d)
The capacity of the solar energy system, and that if the capacity
is increased or increased as a result of a system upgrade, replacement,
partial removal or retirement of solar energy equipment, the annual
payments shall be increased or decreased on a pro rata basis for the
remaining years of the agreement.
(e)
That the parties agree that under the authority of Real Property
Tax Law § 487 the solar energy system shall be considered
exempt from real property taxes for the fifteen-year life of the PILOT
agreement.
(f)
That the PILOT agreement may not be assigned without the prior
written consent of the Town of Porter, which consent may not be unreasonably
withheld if the assignee has agreed in writing to accept all obligations
of the owner, except that the owner may, with advance written notice
to the Town of Porter but without prior consent, assign its payment
obligations under the PILOT agreement to an affiliate of the owner
or to any party who has provided or is providing financing to the
owner for or related to the solar energy system, and has agreed in
writing to accept all payment obligations of the owner.
(g)
That a notice of this agreement may be recorded by the owner
at its expense, and that the Town of Porter shall cooperate in the
execution of any notices or assignments with the owner and its successors.
(h)
That the annual payment shall be:
[1]
For solar energy systems with a capacity greater than 1 MW-ac:
$4,200 per MW-ac of capacity (or as revised from time to time by Town
Board resolution).
(i)
That the annual payment shall escalate 2% per year, starting
with the second annual payment.
(j)
That if the annual payment is not paid when due, that upon failure
to cure within 30 days, the Town of Porter may cancel the PILOT agreement
without notice to the owner, and the solar energy system shall thereafter
be subject to taxation at its full assessed value.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
F.
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.
G.
When effective. This section shall be effective upon its filing with
the Secretary of State in accordance with the Municipal Home Rule
Law and shall apply to all solar energy systems constructed.
