A.
Except as hereinafter provided, no building, structure or land shall
be used or occupied, and no building, structure or part thereof shall
be erected, moved, altered or placed unless in conformity with the
regulations for the district in which it is placed. The use of any
building, structure, or land shall not be changed unless in conformity
with the requirements in this chapter.
B.
No building or structure shall hereafter be erected or altered to
exceed the height; to accommodate or house a greater number of families;
to occupy a greater percent of the lot area; to have a narrower or
smaller front, side, and rear yard than specified herein for the district
in which such building or use is located.
C.
No part of a yard or other open space required about a building or
structure for the purpose of complying with the provisions of this
chapter shall be included as part of a yard or other open space similarly
required for another building or structure.
D.
In a residential district, accessory buildings wholly or in part
in side yards shall meet the same front and side yard requirements
as are established for the principal building, except that accessory
buildings entirely within a rear yard may be placed not less than
five feet from a side lot line or from a rear lot line.
E.
For the purposes of this chapter, the required lot and yard dimensions
shall mean the distance as measured from the highway right-of-way
line.
F.
Exceptions as to front yard requirements. Where there is an established
building line, in that three or more buildings in the frontage 400
feet either side of the use in question are closer to the right-of-way,
the minimum required setback may be reduced by the Zoning Enforcement
Officer to not less than the average setback of such buildings.
G.
When a lot in a LI, GI, or an A District abuts either a lot in an
R District or MR District, a lot in an abutting Town or village which
has in effect at the time of application for a building permit a zoning
ordinance placing such lot in a district which the Zoning Enforcement
Officer shall find is subject to regulations or other limitations
substantially similar to, and not less restrictive than those applicable
to the R District or MR district under this chapter, a buffer area
abutting such other lot of not less than 15 feet shall be provided.
H.
It shall be a violation of this chapter to occupy any part of a cellar
for sleeping purposes.
I.
Every structure, including permanent mobile/manufactured/double-wide
home installations, in any district, used as a dwelling shall have
masonry or concrete foundations with footings not less than 42 inches
below the surface of the yard at the building lines. Footings and
foundation walls shall be continuous for the outside perimeter of
the structure. Mobile/manufactured/double-wide home installations
shall also meet any additional foundation and anchorage requirements
of the manufacturer.
J.
It shall be unlawful, in any district, to maintain a landfill, other
than such landfills as may be established by the Town of Royalton,
for residents of the Town of Royalton, except that in the A District
a private dump may be maintained for household and farm wastes originated
on the premises. No dump shall be maintained within 100 feet of a
property line or within 300 feet of a highway line. Dumps shall be
so located so as not to pollute surface or groundwater.
K.
No horses shall be boarded, raised, stored or maintained on a lot
of less than five acres. Buildings for horses and the storage of manure
shall not be less than 100 feet from all adjoining property lines.
A permit shall not be issued for the construction, erection,
or placing of a structure for use as a one-family or a two-family
dwelling having less than 900 square feet of habitable floor area
for each dwelling unit. Habitable floor area shall not include areas
used as garages, breezeways, carports, porches, cellars, furnace rooms,
and similar types of use areas.
Signs shall be permitted by the issuance of a building permit
only according to standards listed below unless otherwise stated in
this chapter.
A.
No sign shall contain or consist of lights which flash or move or
appear to move.
B.
No sign shall be higher than the principal building to which it is
accessory unless a special use permit is received pursuant to the
special use procedures set forth in this chapter.
C.
No general advertising signs unrelated to the permitted use of the
premises are allowed unless a special use permit is received. Any
person desiring to place a sign on premises other than the site of
the business advertised must apply for a special use permit from the
Zoning Board of Appeals pursuant to the special use permit procedures
set forth in this chapter.
D.
No sign shall be erected on a public utility pole or traffic control
structure.
E.
Temporary unlighted signs erected by and for nonprofit organizations
such as churches, American Legions, Boy Scouts, political organizations,
advertising suppers, banquets, benefits and fund-raising sales and
temporary political campaign signs may be erected for no longer than
a forty-day period without permit in any district, provided that the
sign will not constitute a traffic hazard and shall be removed within
48 hours after the advertised event or election.
F.
In a B District, one on-premises sign not to exceed 100 square feet
in area and 15 feet in length is allowed.
H.
Signs in the A District advertising the sale of homegrown agricultural
products raised on the premises are permitted; provided, however,
that the produce sign(s) shall not exceed 32 square feet in area in
total accumulation of all signs.
I.
One sign for public and semipublic buildings and grounds is permitted;
provided, however, that these signs shall not exceed 24 square feet
in area.
The following uses are permitted in the following districts
as temporary uses subject to the conditions stated:
A.
Contractor's sheds in any district. Contractors' buildings, trailers,
or sheds may be erected on a construction site to serve as office,
workshop, or storage area during the construction of any authorized
structure following the issuance of a building permit. Such buildings
shall not remain longer than 18 months unless a special use permit
for a longer period is granted by the Zoning Board of Appeals in accordance
with the provisions of this chapter. They may not be used as a residence
except as the quarters of a watchman.
B.
Construction signs in any district. Signs bearing information as
to the nature of a building being erected or altered and the names
of contractors, architects, engineers and artisans engaged in the
construction may be erected at the site of any authorized construction
project during the period of construction only. Such signs shall be
grouped on a single panel not exceeding 120 square feet in area.
C.
Fairs and carnivals. An out-of-doors fair, carnival or similar event
may be conducted by a church, civic organization or similar nonprofit
group on the premises of a building owned by such organization, or
on a lot in a B or LI District, for a period not exceeding four days
in any calendar year; or in any district subject to the granting of
a special use permit therefor by the Zoning Board of Appeals in accordance
with the provisions of this chapter.
D.
Temporary use of mobile home. A mobile home may be placed on a premises
for use as a temporary dwelling when a building permit has been issued
for the construction of a dwelling upon such premises. Such mobile
home shall be removed from the premises when the dwelling has been
completed for occupancy or upon expiration of the building permit.
Minimum standards supplementary to the basic standards cited
elsewhere in this chapter are as follows:
A.
One parking space for every three seats in a public meeting place.
B.
One parking space for each employee on the maximum working shift
in an industrial or light industrial establishment and one parking
space per 250 square feet of gross floor area in a commercial establishment
unless otherwise specified herein.
C.
One parking space for every 200 square feet of gross floor area in
a business or professional office.
D.
One parking space for every 100 square feet of gross floor area in
supermarkets and self-service food stores.
A.
At least one off-street loading area shall be provided for each commercial
or industrial establishment hereafter erected or altered to have a
gross area in excess of 5,000 square feet.
B.
Space for off-street loading shall be in addition to space for off-street
parking.
C.
Each berth shall be not less than 12 feet wide by 30 feet long.
Fences erected in the Town shall adhere to the following, unless
otherwise specified in this chapter:
A.
Fences may be erected, altered or reconstructed to a height of six
feet for residential uses and 10 feet for nonresidential uses.
B.
Fences may be substituted for lot line landscaping during site plan
review in the discretion of the Planning Board.
C.
No fence shall cause obstruction to vision at street intersections
nor shall any fence be constructed on a highway right-of-way line.
D.
Farm fencing shall be exempt from these provisions.
A.
All ponds shall require a pond permit from the Building Inspector.
B.
No pond shall be bigger than 200 feet by 200 feet.
C.
No pond shall be located on a lot of less than five acres.
D.
All ponds
must be a minimum of 200 feet from all street rights-of-way and 100
feet from all property lines.
E.
All ponds
must be built according to a plan prepared by Niagara County Soil
and Water and approved by the Building Inspector.
F.
Material
excavated from any pond shall remain on the property.
Camping trailers shall not be occupied on an overnight basis
except at an approved camping ground or, with the consent of the owner,
for a period not to exceed 14 consecutive days on private land, provided
all health standards are met.
Lots, structures, uses of land and structures and characteristics
of use which lawfully existed at the time of the enactment of this
chapter or any amendment thereto and which would be prohibited or
restricted under the terms of these regulations may be continued subject
to the following provisions:
A.
Intent. Except as provided in Subsection K below, it is the intent of this chapter to permit nonconforming uses to continue until they are removed, but not to encourage their survival. The Zoning Board of Appeals may also allow a change in use from a nonconforming use to another nonconforming use so long as it is not more intensive of a use.
B.
Enlargement. Nonconforming uses shall not be enlarged or increased,
nor extended to occupy a greater area of land than was occupied at
the effective date of the adoption of this chapter unless the Zoning
Board of Appeals determines after public hearing that such extension
will not adversely affect the surrounding community. The Zoning Board
of Appeals may impose safeguards and conditions on any authorized
extension so as to conform as nearly as practicable to the requirements
of the district in which the building or use is located.
C.
Unsafe structures. Any structure or portion thereof declared unsafe
by a proper authority may be restored to a safe condition.
D.
Alterations. A nonconforming structure may not be reconstructed or
structurally altered to an extent exceeding in aggregate cost 50%
of the full value of said structure, unless the structure shall be
changed to a conforming use.
E.
Restoration and repair. Nothing in this chapter shall prevent the
restoration of a building destroyed by fire, explosion, act of God
or act of public enemy subsequent to the enactment of this chapter,
or shall prevent the continuance of such use as it existed at the
time of the destruction of such building or part thereof, provided
such restoration is commenced within one year after the destruction
or loss, and is completed within a reasonable time thereafter. Similarly,
nothing in this chapter shall prevent the strengthening or restoring
to a safe condition of any portion of a structure declared unsafe
by a public official having cognizance thereof.
F.
Discontinuance. Whenever a nonconforming use has been discontinued
for a period of one-year, the use shall not thereafter be reestablished
and any future use shall be in conformity with the provisions of this
chapter.
G.
Changes. Once changed to a conforming use, no structure or land so
changed shall be permitted to revert to a nonconforming use.
H.
Displacement. No nonconforming use shall be extended to displace
a conforming use.
I.
Moving. Should any structure be moved for any reason for any distance,
it shall thereafter conform to the requirements for the district in
which it is located after it is moved.
J.
Existing undersized lots of record:
(1)
Any recorded lot held in single and separate ownership prior to the
adoption of this chapter and whose area and/or width and/or depth
are less than minimum requirements specified herein for the district,
may be considered as complying with this chapter and no variance therefor
shall be required, provided that:
(a)
Such lot does not adjoin any other lot or lots held by the same
owner, the aggregate area of which lots is equal to or greater than
the minimum lot area required for that district;
(b)
The minimum yard requirements set by this chapter are met;
(c)
The lot complied or was considered as complying with the zoning
regulations in effect prior to the effective date of this chapter.
K.
Compulsory termination. Notwithstanding the above, a nonconforming
structure or nonconforming use may be subject to compulsory termination
by the Town Board when it is found detrimental to the conservation
of the value of surrounding land and improvements, or to future development
of surrounding lands and, therefore, is tending to deteriorate or
blight the neighborhood. In ordering the compulsory termination of
a nonconforming structure or nonconforming use, the Town Board shall
establish a definite and reasonable amortization period during which
the nonconforming use may continue while the investment value remaining
after the date of the termination order is amortized. Determination
of the amount to be amortized shall be based on the value and condition
of the land and improvements for the nonconforming use less their
value and condition for a conforming use, and such other reasonable
costs as the termination may cause. The rate of amortization shall
be in accordance with reasonable economic practice.
The finished grade of the front yard at the front foundation
wall of a dwelling shall be at least one foot above the elevation
of the center line of the traveled way of the street or highway measured
at midpoint between the sidelines of the lot. Where unnecessary hardship
is proven, due to topographic conditions, the Zoning Board of Appeals
without public hearing may vary the finished grade requirements.
[Added 5-8-2017 by L.L.
No. 4-2017; amended 5-9-2022 by L.L. No. 1-2022]
A.
Tier 2 large-scale, Tier 3 utility-scale and Tier 4 industrial-scale
solar energy systems.
(1)
Authority. This Solar Energy Local Law is adopted pursuant to §§ 261
through 263 of the Town Law for the State of New York, which authorizes
the Town to adopt zoning provisions that advance and protect the health,
safety and welfare of the community, and, in accordance with the Town
Law of New York State, "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)
Purpose.
(a)
The Town of Royalton recognizes that solar energy is a clean,
readily available, and renewable energy source. The development of
solar energy systems offers an energy resource that can attract and
promote green business development.
(b)
The Town of Royalton has determined that comprehensive regulations
regarding the development of solar energy systems are necessary to
protect the interests of the Town, its residents, and its businesses.
This section is intended to promote the effective and efficient use
of solar energy resources; set provisions for the placement, design,
construction, and operation of such systems to uphold the public health,
safety, and welfare; and to ensure that such systems will not have
a significant adverse impact on the aesthetic qualities and character
of the Town. This section will help to:
[1]
Invest in a locally generated source of energy to increase employment
and business development in the community known as Royalton to the
extent reasonably practical by furthering the installation of solar
energy systems;
[2]
To take advantage of a safe, abundant, renewable, and nonpolluting
energy resource;
[3]
To decrease the cost of electricity to the owners of residential
and commercial properties, including single-family dwellings;
[4]
Provide other benefits to the Town and its residents to mitigate
impacts from the solar project;
[5]
Mitigate the impacts of solar energy systems on environmental
resources such as important agricultural lands, forests, wildlife,
and other protected resources and the community known as Royalton.
The use of small-scale solar energy systems, on-farm sources alternative
to energy generation is beneficial to local farmers, allowing them
the ability to cut utility costs and/or supplement their income;
[6]
Protect adjoining/surrounding property owners and the community
known as Royalton's rural-agrarian character by mitigating the
potential impacts from large-scale solar installations and locating
them in areas that minimize these impacts;
[7]
Aid in the energy independence of the community as well as the
country.
[8]
Create zoning regulations in accordance with the Town's
Comprehensive Plan, Niagara County's Agricultural and Farmland
Protection Plan, and other regional planning documents;
[9]
Specifically, protect the agrarian and agribusiness economy
of the community known as Royalton;
[10]
Allow for a sustainable number of acres of Tier
3 and Tier 4 solar energy systems within appropriate areas of the
community known as Royalton without impacting the community's
economy or character.
(3)
BUILDING-INTEGRATED SOLAR/PHOTOVOLTAIC (BIPV) SYSTEM
BUILDING-MOUNTED SOLAR ENERGY SYSTEM
COMMUNITY IMPACT ANALYSIS
GROUND-MOUNTED SOLAR ENERGY SYSTEM
HEIGHT
HOST COMMUNITY AGREEMENT
NATIVE PERENNIAL VEGETATION
NET METERING
NONPARTICIPATING PROPERTY
PARCEL(S)
PARTICIPATING PROPERTY
POLLINATOR
PRIME FARMLAND
REFLECTOR, SOLAR
ROOFTOP-MOUNTED SOLAR ENERGY SYSTEM
SOLAR ACCESS
SOLAR COLLECTOR
SOLAR ENERGY SYSTEM
SOLAR ENERGY SYSTEM
(a)
(b)
[1]
[2]
(c)
[1]
[2]
(d)
SOLAR SKYSPACE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A solar energy system incorporated into and becoming part
of the overall architecture and design of a building or structure
in a manner that the solar energy system is a permanent and integral
part of the building envelope or structure.
A solar energy system that is affixed to the side(s) of a
building or other structure either directly or by means of support
structures or other mounting devices, but not including those mounted
to the roof or top surface of a building. Solar energy systems constructed
over a parking lot are considered building-mounted solar energy systems.
An analysis to determine impacts on the community known as
Royalton and its residents caused by the project. Impacts such as
the project making the community a less appealing place to live; does
the project create new or unique threats to the residents; are there
adverse social or family impacts such as substantial loss of the value
of the home or anxiety among school-age children or substantial change
of home environment by proximity of the project.
A solar energy system that is affixed to the ground either
directly or by support structures or other mounting devices.
Solar equipment shall be measured from the ground to the
highest point of any structure or equipment (for panels, this is at
maximum tilt and its maximum height, if applicable).
A contract between a developer and a local governing body,
whereby the developer agrees to provide the community with certain
benefits and mitigate specified impacts of the solar project.
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 State Department of Environmental Conservation.
A billing mechanism that credits solar energy system owners
for the electricity they add to the grid. For example, if a residential
customer has a PV system on their roof, it may generate more electricity
than the home uses during daylight hours.
A property that is not affiliated with a solar energy system
project in any contractual way related to the solar project.
A tract of land owned by an individual or entity leased or
otherwise controlled by an applicant upon which a solar energy system
is proposed to be constructed.
A property that is being leased for solar usage, or a property
that has an agreement or lease related to the solar project.
Bees, birds, bats, and other insects or wildlife that pollinate
flowering plants and include both wild and managed insects.
Land, designated as "prime farmland" or "prime farmland where
drained" in the U.S. Department of Agriculture Natural Resources Conservation
Service (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, fiber, and oilseed
crops and is also available for these land uses.
A device for which the sole purpose is to increase the solar
radiation received by a solar collector.
Any solar energy system that is affixed to the roof of a
building and wholly contained within the limits of the roof surface.
Space open to the sun and clear of overhangs or shade so
as to permit the use of active and/or passive solar energy systems
on individual properties.
A solar or photovoltaic cell, plate, panel, film, array,
reflector, or other structure affixed to the ground, a building, or
other structure that harnesses solar radiation to directly or indirectly
generate thermal, chemical, electrical, or other usable energy, or
that reflects or concentrates solar radiation to a solar or photovoltaic
cell, plate, panel, film, array, reflector, or other structure that
directly or indirectly generates thermal, chemical, electrical, or
other usable energy.
A complete system intended for the collection, inversion,
storage, and/or distribution of solar energy and that directly or
indirectly generates thermal, chemical, electrical, or other usable
energy. A solar energy system consists of, but is not limited to,
solar collectors, mounting devices or structures, generators/turbines,
water and energy storage and distribution systems, storage, maintenance
and/or other accessory buildings, inverters, combiner boxes, meters,
transformers, and all other mechanical, electrical, and plumbing components.
(For the purposes of this section, solar energy systems do not include
battery energy storage components. They are defined and regulated
under a separate law).
The components and subsystems required to convert solar energy
into electric energy suitable for use. A solar energy system is classified
as a Tier 1, Tier 2, Tier 3, or Tier 4 solar energy system as follows:
TIER 1 SMALL-SCALE SOLAR ENERGY SYSTEMA rooftop-, building-mounted or building-integrated solar energy system.
TIER 2 LARGE-SCALE SOLAR ENERGY SYSTEMAny solar energy system that cumulatively on a lot meets all of the following criteria:
Is an accessory use or structure designed and intended to generate
energy primarily for use on site, potentially by multiple tenants,
through a distribution system or electrical grid that is not available
to the general public. Net metering is allowed, but the solar energy
system cannot generate more than 110% of the electricity consumed
on the site over the previous 12 months.
Consists of an overall footprint not exceeding 5,000 square
feet. Overall footprint shall be determined by the outline of the
solar panels and related structures and fencing created on the ground.
TIER 3 UTILITY-SCALE SOLAR ENERGY SYSTEMAny solar energy system that cumulatively on a lot meets the following:
Is a ground-mounted principal use or structure designed and
intended to supply energy solely or primarily into a utility grid;
Does not meet the definition of a Tier 2 or Tier 4 system and
consists of an overall footprint of less than 20 acres. Overall footprint
shall be determined by the outline created on the ground, building/structure
surface, or combination thereof;
TIER 4 INDUSTRIAL-SCALE SOLAR ENERGY SYSTEMAn industrial-scale solar energy system exceeding the overall footprint requirements of a Tier 3 system as defined previously or not meeting the definition of a Tier 1, 2 or 3 solar energy system.
The space between a solar collector and the sun through which
solar radiation passes.
(4)
Applicability.
(a)
The requirements of this section shall apply to all solar energy
systems permitted, installed, or modified in the Town after the effective
date of this section, excluding general maintenance and repair.
(b)
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.
(c)
Modifications to an existing solar energy system that increase
the solar energy system area by more than 5% of the original area
of the solar energy system (exclusive of moving any fencing) shall
be subject to this section.
(d)
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 and Building
Code ("Building Code"), the NYS Energy Conservation Code ("Energy
Code"), and the Town Code.
(5)
General requirements.
(a)
A building permit shall be required for the installation of
all solar energy systems.
(b)
Issuance of permits and approvals by the Planning Board shall
include review pursuant to the State Environmental Quality Review
Act ECL Article 8 and its implementing regulations at 6 NYCRR 617
("SEQRA").
(c)
This section shall take precedence over any inconsistent provision
of the Zoning Law of the Town of Royalton.
(6)
Permits and approvals required; applicable zoning districts.
(b)
Tier 2 large-scale solar energy systems are considered a permitted
use pursuant to this section and subject to site plan review by the
Planning Board and requiring issuance of a building permit within
all the Town of Royalton zoning districts except Residential and Multiple
Residential.
(c)
Tier 3 utility-scale solar energy systems are a permitted use requiring a special use permit pursuant to this section and § 200-74 of the Town of Royalton Zoning Ordinance, and they shall be subject to site plan review by the Planning Board and require issuance of a building permit within the Business, Light Industrial and General Industrial zoning districts. These Tier 3 systems are also limited per the following:
[1]
Tier 3 utility-scale solar energy systems are restricted from
any area within the Escarpment Overlay District.
[2]
To reduce impacts, a Tier 3 utility-scale solar energy systems
shall not be located within one mile of another Tier 3 or Tier 4 system
(as measured from property line to property line).
(d)
Tier 4 industrial-scale solar energy systems are a permitted use requiring a special use permit pursuant to this section and § 200-74 of the Town of Royalton Zoning Ordinance, within the Light Industrial and General Industrial zoning districts and they are subject to site plan review by the Planning Board and require issuance of a building permit. These Tier 4 systems are also limited per the following:
[1]
Tier 4 industrial-scale solar energy systems are restricted
from any area within the Escarpment Overlay District.
(e)
Any solar energy system to be used strictly for agricultural
use purposes in accordance with the NYS Agriculture and Markets Law
may have some requirements of this section waived by the Town Board
and will include an expedited approval process, as necessary.
(7)
Application and permitting requirements for Tier 2 large-scale solar
energy systems.
(a)
All applications for Tier 2 large-scale solar energy systems
shall be accompanied by an application for site plan review, and all
applicable fees. The applicant is required to provide 15 sets of plans
and drawings to the Town.
(b)
All applications for Tier 2 large-scale solar energy systems
shall include the requirements of a Town of Royalton site plan application
(stamped drawings) and meet the following requirements:
[1]
Glare. All solar panels shall have antireflective coating(s)
and proof of such must be provided with the site plan and then the
building permit applications.
[2]
Setbacks. Tier 2 large-scale solar energy systems shall be set
back a minimum of 50 feet to any side or rear property line. All Tier
2 large-scale solar energy systems shall only be installed in the
side or rear yards. In no case shall the Zoning Board of Appeals grant
a variance for these setbacks that reduces this setback to less than
40 feet. In all cases, the solar panels shall be located a minimum
of 75 feet from any dwelling unit on an adjoining nonparticipating
property.
[3]
Height. Tier 2 large-scale solar energy systems shall be less
than 12 feet in residential, multiple residential and agricultural
districts. Height shall be less than 15 feet for all remaining districts.
[5]
Fire safety code requirements and any recommendations of the
Fire Department.
(c)
All Tier 2 large-scale solar energy systems shall have views
minimized from adjacent properties to the extent reasonably practicable
(as determined through the site plan process).
(d)
Solar energy equipment shall be located 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.
[1]
Minimization of tree loss: Tier 2 large-scale solar energy systems
are to be located on a site to minimize the clearing/removal of existing
trees.
(8)
Application and permitting requirements for Tier 3 utility-scale
solar energy systems.
(a)
All applications for Tier 3 utility-scale solar energy systems
shall be accompanied by an application for a special use permit pursuant
to this section and the Town of Royalton Zoning Ordinance, an application
for site plan review, and all applicable fees.
(b)
All applications for Tier 3 utility-scale solar energy systems
shall include the following:
[1]
Plans and drawings of the solar energy system installation signed
by a professional engineer registered in New York State showing the
proposed layout of the entire solar energy system along with a description
of all components, whether on-site or off-site, existing vegetation
and proposed clearing and grading of all sites involved.
[2]
Documentation and design information for the access to the project
site(s), including location of all access roads, gates, parking areas,
etc.
[3]
Plan for clearing and/or grading of the site. Erosion and sediment
control and stormwater management plans prepared to New York State
Department of Environmental Conservation standards, if applicable,
and to such standards as may be established by the Planning Board.
[4]
Documentation of utility notification, including an electric
service order number.
[5]
Decommissioning plan and description of financial surety that satisfies Subsection A(12)(k) hereunder.
[6]
A sign not to exceed eight square feet shall be displayed on
or near the main access point and shall list the facility name, owner,
and telephone number.
[7]
A clearly visible warning sign concerning voltage must be placed
at the base of all pad-mounted transformers or substations, not to
exceed four square feet.
[8]
A plan illustrating property lines and physical features, including
roads/access drives, for the project site.
[9]
Proposed changes to the landscape of the site, grading, vegetation
clearing and planting, exterior lighting, and screening vegetation
or structures.
[10]
A one- or three-line electrical diagram detailing
the solar energy system layout, solar collector installation, associated
components, and electrical interconnection methods, with all National
Electrical Code compliant disconnects and over current devices.
[11]
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.
[12]
Name, address, and contact information of proposed
or potential system installer and the owner and/or operator of the
solar energy system. Such information of the final system installer
shall be submitted prior to the issuance of a building permit.
[13]
Notarized form with name, address, phone number,
and signature of the project applicant, as well as all the property
owners, demonstrating their consent to the application and the use
of the property for the solar energy system.
[14]
Zoning district designation for the parcel(s)
of land comprising the project site and adjoining sites.
[15]
Property operation and maintenance plan. Such
plan shall describe continuing photovoltaic maintenance and property
upkeep, such as mowing and trimming (or other methodologies).
[16]
All engineering documents must be signed and sealed
by a New York State (NYS) licensed professional engineer.
[17]
A completed SEQR full environmental assessment
form.
[18]
A landscape plan in accordance with the other
requirements of this section.
[19]
Fire safety plan (to be reviewed by the Building
Inspector and Fire Company).
(c)
All applications shall address agricultural impacts. For projects
proposed on agricultural lands (lands that have been farmed within
the last 10 years), the project must be shown to not adversely impact
the overall operation of the farm (the rest of the lands can continue
to be farmed).
(d)
All applications shall submit a proposal for a host community
agreement (to be reviewed and approved by the Town Board prior to
issuance of the special use permit).
(9)
Application and permitting requirements for Tier 4 industrial-scale
solar energy systems. All applications for Tier 4 industrial-scale
solar energy systems shall include the following:
(a)
All the information/requirements listed for a Tier 3 utility-scale
Solar System plus the following additional information/requirements.
(b)
Submittal of an agricultural impact statement to determine the
impact to agriculture in the Town and community. The Planning Board,
on a project-by-project basis, will work with the applicant on finalizing
the requirements of this agricultural impact statement but, at a minimum,
will include whether the farmland is active (how long it has been
farmed or not farmed) and if it is farmed by the property owner or
leased. If leased, how the removal of this leased land will affect
the farmer who leases this site and other farmlands and other leases
that the farmer has in the Town. Include information on the improvements
that have been made to the lands (tiling, irrigation, etc.), history
of the farm and its products, number of workers, products purchased
and used for farming operations, etc.
(c)
Submittal of an economic impact analysis to determine the impact
to the economy of the Town. This includes the agricultural impacts
in the Ag impact statement and information as noted by the Town Planning
Board (Town to work with the applicant on the scoping of this study).
(d)
Submittal of a community impact analysis on the community known as Royalton and its residents as set forth under Subsection A(3), Definitions.
(e)
Submittal of an overall community impact analysis for the community
known as Royalton, addressing the cumulative impacts on community
character, quality of life, economics, and the other issues referenced
by this section and/or identified by the Planning Board.
(f)
Any proposed Tier 4 industrial-scale solar energy system shall
not be located on a parcel that consists of prime farmland soils (including
prime where drained) or farmland soils of statewide importance on
more than 50% of the parcel.
(g)
Proposal for a host community agreement (to be reviewed and
approved by the Town Board prior to any approvals granted by other
boards or agencies).
(10)
Fees. All fees for Tier 2 large-scale, Tier 3 utility-scale,
and Tier 4 industrial-scale solar energy systems shall be approved
by the Town Board by resolution. Nothing in this section shall be
read as limiting the ability of the Town to enter into host community
agreements with any applicant to compensate the Town for expenses
or impacts on the community. The Town shall require any applicant
to enter into an escrow agreement to pay the engineering and legal
costs of any application review, including the review required under
SEQRA[1] if an EIS is required.
[1]
Editor's Note: See Environmental Conservation Law § 8-0101
et seq.
(11)
General provisions. All applications for Tier 2 large-scale
and Tier 3 utility-scale solar energy systems shall be in accordance
with the following:
(a)
All solar energy systems shall adhere to all applicable Town
of Royalton building, plumbing, electrical, and fire codes.
(b)
Development and operation of a solar energy system shall not
have a significant adverse impact on fish, wildlife, or plant species
or their critical habitats, or other significant habitats such as
Indian burial grounds or others identified by the Town of Royalton
or other federal or state regulatory agencies. The SEQR process shall
be used to analyze all potential environmental impacts and determine
the significance of these impacts.
(c)
The design, construction, operation, and maintenance of any
solar energy system shall prevent the misdirection and/or reflection
of solar rays onto neighboring properties, public roads, and public
parks.
(d)
All structures and devices used to support solar collectors
shall be nonreflective and/or painted a subtle or earth tone color.
(e)
All transmission lines and wiring associated with a solar energy
system shall be buried and include necessary encasements in accordance
with the National Electric Code and Town requirements. The Planning
Board may recommend waiving this requirement if sufficient engineering
data is submitted by the applicant to demonstrate that underground
transmission lines are not feasible or practical. The applicant is
required to show the locations of all proposed overhead and underground
electric utility lines, including substations and junction boxes and
other electrical components, for the project on the site plan.
(f)
All transmission lines and electrical wiring shall be in compliance
with the utility company's requirements for interconnection.
(g)
Artificial lighting of solar energy systems shall be limited
to lighting required for safety and operational purposes and shall
be shielded from all neighboring properties and public roads.
(12)
Bulk and siting requirements for Tier 3 utility-scale and Tier
4 industrial-scale solar energy systems.
(a)
The maximum height of a ground-mounted Tier 3 utility-scale
and Tier 4 industrial-scale solar energy system shall be 20 feet as
measured from the finished grade.
(b)
Tier 3 utility-scale solar energy systems shall be located in
their allowed zoning districts.
(c)
Setbacks (Tiers 3 and 4). All Tier 3 utility-scale and Tier
4 industrial-scale solar energy systems (as measured to the fence
line) shall be set back in accordance with the following:
[1]
For a participating property, the setback from the road ROW
and the rear and side lot lines shall be not less than 100 feet, regardless
of the zoning district.
[2]
All solar energy equipment and components/structures developed
as part of a Tier 3 utility-scale and Tier 4 industrial-scale solar
energy system shall be set back from any nonparticipating property
zoned agricultural, residential, multiple residential or escarpment
overlay, a public road, or any public park a minimum of 450 feet.
[3]
All solar energy equipment and components/structures developed
as part of a Tier 3 utility-scale and Tier 4 industrial-scale solar
energy system shall be set back from any nonparticipating property
zoned business, light industrial and general industrial a minimum
of 300 feet.
(d)
Following construction of a Tier 3 utility-scale and Tier 4
industrial-scale solar energy system, all disturbed areas where soil
has been exposed shall be reseeded with grass and/or planted with
low-level vegetation capable of preventing soil erosion and airborne
dust in accordance with an approved SWPPP and in accordance with the
approved operation and maintenance plan.
(e)
Applications for Tier 3 utility-scale and Tier 4 industrial-scale
solar energy system shall meet the following additional criteria:
[1]
Photo simulations shall be included showing the proposed solar
energy system in relation to the building/site along with elevation
views and dimensions, and manufacturer's specs and photos of
the proposed solar energy system, solar collectors, and all other
components. These photo simulations must include before and after
simulations from locations where the solar energy system will be viewed
from off-site and as determined by the Planning Board. "After simulations"
must include landscaping at the condition when first planted and another
at maturity.
[2]
Any site containing a Tier 3 utility-scale solar energy system
shall contain fencing or other enclosure acceptable to the Town (and
meeting state and national code standards) enclosing all solar energy
system components that present safety hazards.
[3]
A berm, landscape screen, or other opaque enclosure, or any
combination thereof acceptable to the Town, capable of screening the
site shall be provided along any property line that abuts an important
community resource, an existing residence or any property zoned other
than business, light industrial or general industrial.
[4]
After completion of a Tier 3 utility-scale solar energy system,
the applicant shall provide a postconstruction certification from
a professional engineer registered in New York State that the project
complies with applicable codes and industry practices and has been
constructed and is operating according to the design plans.
(f)
Screening and visibility.
[1]
Solar energy systems shall have views minimized from adjacent
properties to the extent reasonably practicable using architectural
features, earthen berms, landscaping, or other screening methods that
will harmonize with the character of the property and surrounding
area.
[2]
Solar energy systems shall be required to:
[a]
Conduct a visual assessment of the visual impacts
of the solar energy system on public roadways and adjacent properties.
As required previously, this analysis must consider conditions at
Day 1 of operation and when the landscaping has matured. 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 to be submitted by the applicant.
[b]
Submit a screening and landscaping plan to show
adequate measures to screen 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
properties to the extent feasible. The Planning Board will in good
faith determine the adequacy of these measures in its sole and absolute
discretion.
[c]
The screening and landscaping plan shall specify
the locations, elevations, height, plant species, and/or materials
that will comprise the 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 evergreen/coniferous
trees (planted at recommended spacing for the type of tree), at least
eight feet to 10 feet high at the time of planting (depending on site
conditions and the result of the visualizations, may need to be installed
in a zig-zag pattern to maximum screening), plus supplemental shrubs
placed in between the evergreen trees at the reasonable discretion
of the Town Planning Board. These plantings are to be planted within
10 linear feet of the solar energy system fencing, or as directed
by the Planning Board, to achieve maximum screening. In some cases,
existing vegetation located on participating properties may be used
to satisfy all or a portion of the required landscaped screening.
A list of suitable evergreen tree and shrub species can be provided
by the Town. All plantings shall come with a guarantee for the life
of the project and must be replaced if dead or diseased (include in
operation and maintenance plan). Landscape plans must be completed
by a NYS-registered landscape architect.
[d]
For any buildings or structures (not panels) to
be placed on the site, the applicant shall be required to submit plans
illustrating how these structures will blend into the character of
the area. For example, buildings can be made to look like agricultural
structures such as barns.
(g)
Additional agricultural resources requirements. For projects
located on agricultural lands:
[1]
Tier 3 utility-scale and Tier 4 industrial-scale solar energy
systems allowed to be located on farmland shall be constructed in
accordance with the construction requirements of the New York State
Department of Agriculture and Markets (See NYS Agriculture and Markets
Guidelines).
[2]
Tier 3 utility-scale and Tier 4 industrial-scale solar energy
system owners shall develop, implement, and maintain native vegetation
to the extent practical pursuant to a vegetation management plan by
providing native perennial vegetation and a foraging habitat beneficial
to game birds, songbirds, and pollinators. To the extent practical,
when establishing perennial vegetation and beneficial foraging habitat,
the owners shall use native plant species and seed mixes. Once established,
other agriculture uses such as pasturing livestock and agriculture
are permissible and encouraged. Input from the local farmers and the
Town Agricultural Committee (if one exists) will be needed to make
these determinations.
[3]
Agricultural restoration requirements. Once the system is decommissioned,
the site shall be restored and remediated in accordance with the NYS
Agriculture and Markets Guidelines (this will be a condition of the
special use permit).
(h)
Noise. The Tier 3 utility-scale and Tier 4 industrial-scale
solar energy system project shall not result in any adverse noise
impacts on any surrounding homes or other sensitive receptors (use
of NYSDEC regulations concerning noise).
(i)
Hazardous materials. The Tier 3 utility-scale and Tier 4 industrial-scale
solar energy systems project components shall not contain any hazardous
materials that could contaminate soils or the air by their release
(units shall not contain cadmium or other hazardous substances). Specific
material data information/specifications shall be submitted on all
components of the project. The applicant must ensure that no harmful
chemicals will be leaked into the soils over the life of the project.
For certain components of the project, information on spill containment
systems will need to be provided.
(j)
Glare. All Tier 3 utility-scale and Tier 4 industrial-scale
solar energy system projects must complete a glare study to be submitted
to the Niagara Falls Air Reserve Station, Buffalo-Niagara International
Airport, Niagara Falls International Airport, Royalton Airport and
Akron Airport. The Town may also hire their own consultant to review
that report.
(k)
Abandonment or decommissioning.
[1]
Unsafe, inoperable, and/or abandoned Tier 3 utility-scale solar
energy systems and solar energy systems for which a special use permit
has expired or been revoked shall be removed (equipment removed) by
the owner within six months of a determination that the systems are
unsafe, inoperable and/or abandoned or the special use permit having
been expired or been revoked. A solar energy system shall be deemed
abandoned when it fails to produce energy (50% or more of its total
capacity) for at least one year (based on yearly reports provided
to the Town by the applicant/owners). All safety hazards created by
the installation and operation of the solar energy system shall be
eliminated and the site restored (complete restoration of the site)
to its preexisting condition (or as determined in the decommissioning
plan) within six months of the removal of the solar energy system.
[2]
A decommissioning plan to ensure the proper removal of Tier
3 utility-scale solar energy systems is to be submitted as part of
the special use permit application to the Town of Royalton for approval.
The plan must specify that after the Tier 3 utility-scale solar energy
system is no longer in use {as determined by the owner/operator or
the Building Inspector as outlined in Subsection A(12)(k)[1]}, it
shall be removed by the applicant or any subsequent owner. The decommissioning
plan shall identify the anticipated life of the project. The plan
shall demonstrate how the removal of all infrastructure and restoration
shall be conducted to return the parcel to its original state prior
to construction. In the case of agricultural land or lands having
prime or statewide important agricultural soils, the plan shall include,
at a minimum, the standards of the NYS Department of Agriculture and
Markets. The plan shall also include an expected timeline for execution
(not greater than one year) and a cost estimate for decommissioning
prepared by a professional engineer or qualified contractor. Cost
estimates shall take inflation into consideration and be revised every
five years during operation of the system and not include any salvage
value. Removal of the Tier 2 large-scale solar energy system must
be completed in accordance with the approved decommissioning plan
and meet the minimum standards provided as follows:
[a]
All structures and foundations associated with
Tier 2 large-scale solar energy systems shall be removed;
[b]
All disturbed ground surfaces shall be restored
to original conditions including topsoil and seeding as necessary;
[c]
All electrical systems shall be properly disconnected,
and all cables and buried wiring shall be removed; and
[d]
All solar panels and other components shall be
recycled.
[3]
Security.
[a]
The deposit, execution, or filing with the Town
Clerk of cash, bond, or other form of security reasonably acceptable
to the Town Attorney and/or engineer and approved by the Town Board
shall be in an amount sufficient to ensure the good faith performance
of the terms and conditions of the permit issued pursuant hereto and
to provide for the removal and restorations of the site subsequent
to removal. The amount of the bond or security shall be 125% of the
cost of removal of the utility-grade solar energy system and restoration
of the property with an escalator of 2% annually for the life of the
solar energy system. The decommissioning amount shall not be reduced
by the amount of the estimated salvage value of the solar energy system.
The bond shall be renewed every five years or as necessary to reflect
adjustments in the projected costs of decommissioning. Failure to
provide an ongoing bond shall be the basis for revoking the special
use permit.
[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,
which shall be entitled to maintain an action thereon. The cash deposit,
bond, or security shall remain in full force and effect until restoration
of the property as set forth and the decommissioning plan is completed.
[c]
In the event of default or abandonment of the solar
energy system, the system shall be decommissioned as set forth in
this section.
(l)
Special use permits granted for Tier 3 utility-scale solar energy
systems shall be assignable or transferable so long as they are in
full compliance with this section and all conditions, and the Building
Inspector is notified of the transfer at least 15 days' prior
thereto.
(m)
Any post-construction changes or alterations to the solar energy
system shall be permitted only by site plan review by the Planning
Board, amendment to the special use permit and shall be subject to
the requirements of this section.
(13)
Time for completion; inspection; complaints.
(a)
Time limit on completion. After the granting of a special use
permit of a Tier 4 utility-scale solar energy system with concurrent
site plan approval or site plan renewal of a freestanding or ground-mounted
solar energy system by the Planning Board, the building permit shall
be obtained within six months and the project shall be completed within
12 months. A six-month extension to obtain a building permit or the
completion time can be issued by the Zoning Board of Appeals upon
application by the applicant. If not constructed, the special permit
and/or site plan approval shall automatically lapse within 12 months
after the date of approval by the Town of Royalton Planning Board
(unless an extension is granted).
(b)
Inspection. Upon reasonable notice, the Town of Royalton Building
Inspector or his or her designee may enter a lot on which a solar
energy system has been approved for the purpose of compliance with
any requirements or conditions. Twenty-four hours' advance notice
by telephone to the owner/operator or designated contact person shall
be deemed reasonable notice. Furthermore, a utility-scale solar system
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 Building Inspector that damage
may have occurred, and a copy of the inspection report shall be submitted
to the Town Building Inspector. Any fee or expense associated with
this inspection shall be borne entirely by the permit holder.
(c)
General complaint process. During construction, the Town Building
Inspector can issue a stop order at any time for any violations of
a special permit or building permit. After construction is complete,
the permit holder of a Tier 3 utility-scale solar energy system shall
designate a contact person, including name and phone number, for receipt
of any complaint concerning any permit requirements.
(14)
Tier 3 utility-scale and Tier 4 industrial-scale solar energy
system liability insurance.
(a)
The holder of a special use permit for a solar energy system
shall agree to secure and maintain for the duration of the permit
public liability insurance as follows (unless waived by the Town Board
for smaller Tier 3 utility-grade solar energy systems):
[1]
Commercial general liability covering personal injuries, death
and property damage: $5,000,000 per occurrence ($10,000,000 aggregate),
which shall specifically include the Town of Royalton and its officers,
councils, employees, attorneys, agents and consultants as additional
named insured;
[2]
Umbrella coverage: $10,000,000.
(b)
Insurance company. The insurance policies shall be issued by
an agent or representative of an insurance company licensed to do
business in the state and with at least a Best's rating of "A."
(c)
Insurance policy cancellation. The insurance policies shall
contain an endorsement obligating the insurance company to furnish
the Town of Royalton with at least 30 days' prior written notice
in advance of cancellation.
(d)
Insurance policy renewal. Renewal or replacement policies shall
be delivered to the Town of Royalton at least 15 days before the expiration
of the insurance that such policies are to renew or replace. Failure
to provide a renewal shall be the basis for revoking the special use
permit.
(e)
Copies of insurance policy. No more than 15 days after the grant
of the permit and before construction is initiated, the permit holder
shall deliver to the Town of Royalton a copy of each of the policies
or certificates representing the insurance in the required amounts.
(f)
Certificate of insurance. A certificate of insurance stating
that it is for informational purposes only and does not confer sufficient
rights upon the Town of Royalton shall not be deemed to comply with
this section.
(g)
Indemnification. Any application for a solar energy system within
the Town of Royalton shall contain an indemnification provision. The
provision shall require the applicant/owner/operator to at all times
defend, indemnify, protect, save, hold harmless and exempt the Town
of Royalton and its officers, councils, employees, attorneys, agents
and consultants from any and all penalties, damages, costs or charges
arising out of any and all claims, suits, demands, causes of action
or award of damages whether compensatory or punitive, or expenses
arising therefrom either at law or in equity which might arise out
of or are caused by the placement, construction, erection, modification,
location, equipment's performance, use, operation, maintenance,
repair, installation, replacement, removal or restoration of said
solar energy system; excepting, however, any portion of such claims,
suits, demands, causes of action or award of damages as may be attributable
to the negligent or intentional acts or omissions of the Town of Royalton
or its employees or agents. With respect to the penalties, damages,
or changes referenced herein, reasonable attorneys' fees, consultants'
fees and expert witness fees are included in those costs that are
recoverable by the Town of Royalton.
B.
Tier 1 small-scale solar energy systems.
(1)
Interpretation. The provisions of this section shall be interpreted as providing minimum requirements for Tier 1 small-scale solar energy systems adopted for the purpose of promoting the health, safety, morals and general welfare of this community. Provisions for Tier 2 large-scale and Tier 3 utility-scale solar energy systems (Tiers 2, 3 and 4) are provided in Subsection A hereof.
(2)
Intent; greater restrictions to prevail. It is not intended by this
section to repeal, except as herein stated, abrogate, or impair existing
conditions previously made or permits previously issued relating to
the use of buildings or premises or to impair or interfere with any
easements, covenants or agreements existing between parties. Except
as otherwise provided herein, whenever this section imposes a greater
restriction upon the use of buildings or premises than is required
by existing provisions of law, ordinance, regulations or permits or
by such easements, covenants or agreements, the provisions of this
section shall control.
(3)
Tier 1 small-scale solar energy systems.
(a)
Installation of small-scale solar energy systems and equipment
is encouraged on all preexisting structures; however, access to sunlight
which is necessary therefor cannot be obtained through the provisions
of this section. The installation of a solar collector, whether attached
to the main structure or as a detached accessory structure, shall
require a building permit. Height limitations for solar collectors
shall be three feet above the level of the permitted building height
in that zoning district. All solar collectors and their associated
support elements shall be designed according to generally accepted
engineering practices to withstand wind pressures applied to exposed
areas by wind from any direction, to minimize the migration of light
or sound from the installation and to minimize the development of
sight obstructions for adjacent structures or land parcels.
(b)
Solar panels on pitched roofs shall be mounted with a maximum
distance of eight inches between the roof surface and the highest
edge of the system.
(c)
Solar panels on pitched roofs shall be installed parallel to
the roof surface on which they are mounted or attached.
(d)
Solar panels on flat roofs shall not extend above the top of
the surrounding parapet, or more than 24 inches above the flat surface
of the roof, whichever is higher.
(e)
Glare. All solar panels shall have antireflective coating(s)
and proof of such must be provided with the building permit application.
(f)
Fire safety. All roof-mounted systems shall be designed and
installed in accordance with the Uniform Fire Prevention and Building
Code Standards.
(g)
Installation of building-integrated photovoltaic (BIPV) systems,
as defined herein, are exempt from the requirements of this section.
BIPV systems are still required to meet applicable building codes
and obtain all necessary permits. The Code Enforcement Officer may
request assistance from the Planning Board to determine whether a
solar energy system should be considered a BIPV system.
(h)
Other alternative natural energy conservation devices shall
be considered accessory structures and shall require a building permit.
All permit applications for such devices will be reviewed and considered
pursuant to the Zoning Ordinance of the Town of Royalton.
(i)
Tier 1 small-scale solar energy systems located in the Agricultural,
Residential, Multiple Residential, Business, Light Industrial, General
Industrial and Escarpment Overlay Zoning Districts are permitted if
they contain solar collectors located on the rooftops of principal
or accessory buildings. The solar collectors must be completely contained
within the limits of the building roof. All other equipment and components
(not panels) of the solar energy system (not located on or in the
building/structure) shall be located within the rear yard only and
are subject to setbacks for accessory structures.
(j)
Tier 1 small-scale solar energy systems featuring rooftop-mounted
solar collectors on the rooftops of principal or accessory buildings
are also permitted in the Business, Light Industrial and General Industrial
Zoning Districts. Rooftop-mounted solar collectors must be completely
contained within the limits of the principal or accessory building's
roof.
(k)
General provisions.
[1]
Allowing or permitting the reflective glare of solar rays of
any solar energy system/or array of solar panels, of any nature or
kind or description, onto neighboring properties, public roads, or
public parks, under any circumstances whatsoever, is strictly prohibited.
[2]
It is the responsibility of any landowner, resident, manager,
tenant, or lessee of any premises upon which there is situated a solar
energy system or array of solar panels of any nature, kind, or description
to keep reflective glare of any description from going onto neighboring
properties, public roads or public park at any time. In that regard,
it is the ongoing responsibility of such persons to conduct regular
inspections of such systems or arrays to prevent the direction of
reflective glare onto the property of another and, if necessary, to
make appropriate adjustments to prevent the same from occurring.
[3]
In the event such persons (Subsection B(3)(k)[2] above) become aware of, or with the exercise of reasonable care would have become aware of, or has received a complaint, that reflective glare from his solar energy system or array of solar panels is upon the property of another, such person shall undertake action to immediately block the reflective glare. This may be accomplished by adjusting the angles of the system or array, if possible, or by physically blocking the glare by covering the panels or by removing them.
[4]
Upon the failure, refusal, or neglect of such person to immediately block the reflective glare as directed by Subsection B(3)(k)[3] above, Town of Royalton workforces, at the direction of the Town Building Inspector and/or Code Enforcement Officer, shall cover such system or array of panels, if possible, to block the reflective glare. If not, the system or panels shall be physically deconstructed or removed to the point the reflective glare is blocked.
[5]
In the event the system or panels are removed or deconstructed as set forth in Subsection B(3)(k)[4] above, the owner or person responsible for the system or array shall not replace or reconstruct the system or panels until he applies to and receives from the Planning Board of the Town of Royalton a permit after submitting to the Building Inspector a plan of operation that will ensure no further incidents of reflective glare onto neighboring properties, public roads, or public parks will occur.
[6]
Further or additional complaints of such incidents shall be
grounds to revoke any permit received from the Town of Royalton for
the system or array, and the system or array shall be fully dismantled
and removed from the premises.
[Added 5-8-2017 by L.L.
No. 5-2017]
A.
COMMERCIAL/INDUSTRIAL WIND ENERGY SYSTEM
METEOROLOGICAL (MET) TOWER
NONCOMMERCIAL WIND ENERGY SYSTEM
SENSITIVE RESOURCES
TOTAL HEIGHT (also MAXIMUM OVERALL HEIGHT)
TOWER
TOWER HEIGHT
WIND ENERGY SYSTEM
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A wind energy system that meets at least one of the following
criteria:
A tower used to measure meteorological data, such as temperature,
wind speed, and wind direction prior to locating a wind energy system.
A wind energy system that meets at least one of the following
criteria:
Places that the Town has identified as being sensitive to
the potential environmental impacts resulting from the erection and
operation of wind energy systems, such as residential buildings, schools,
churches, daycare centers, public parks, recreational areas, habitat
areas, the escarpment, and significant historic, cultural, or archaeological
areas.
The height of the wind energy system measured from the ground
elevation to the top of the tip of the blade in the most upright vertical
position.
The support structure, including guy wires, monopole, and
lattice types, upon which a wind turbine or other mechanical device
used to harness wind is mounted.
The distance measured between the surface of the tower foundation
and the uppermost fixed portion of the tower, excluding the length
of any blade.
Any equipment that converts wind energy into usable electrical
energy. Wind energy systems may include wind chargers, wind turbines,
or windmills and consist of any base, blade, foundation, generator,
nacelle, rotor, tower, transformer, turbine, vane, wire, substation,
maintenance or control facilities, or other component used in the
system that convert, store, or transfer energy.
B.
Commercial/industrial wind energy systems.
(1)
The placement, construction, and major modification of all commercial/industrial
wind energy systems within the boundaries of the Town of Royalton
shall be permitted only by special use permit granted by the Zoning
Board of Appeals (in accordance with provisions of the Town of Royalton
Zoning Ordinance), site plan approval granted by the Planning Board,
and in accordance with this section.
(2)
Applications under this section shall be made as follows:
(a)
Applicants for a special use permit to place, construct, or
modify commercial/industrial wind energy systems within the Town of
Royalton shall submit a completed commercial/industrial wind energy
application to the Town accompanied by 15 copies of the project plans
and supporting materials which must include the following information:
[1]
Name and address of the applicant and design engineer.
[2]
Evidence that the applicant is the owner of the
property involved or has the written permission of the owner to make
such an application.
[3]
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 (or by the Town of Royalton), existing
tree lines, and proposed elevations. The visual EAF shall include
a detailed or photographic simulation showing the site fully developed
with all proposed commercial/industrial wind energy system components
and accessory structures.
[4]
A site plan drawn in sufficient detail to show
the following:
[a]
Locations and dimensions of all commercial/industrial
wind energy system components proposed on the site, including tower
height, total height measured to the top of the tip of the blade in
the most upright vertical position, nacelle, length of blades, diameter
of blade rotation, ground clearance, electrical wires, substations,
junction boxes, maintenance buildings, and other necessary components.
[b]
Aboveground utility lines on site within 1,500
feet of the base of any commercial/industrial wind energy system.
[c]
Property lot lines and the location and dimensions
of all existing structures and their uses on site within 1,500 feet
of the base of any commercial/industrial wind energy system.
[d]
Zoning boundaries and identification of zoning
within 1,500 feet of the base of any commercial/industrial wind energy
system.
[e]
Locations, dimensions, and ownership of all transportation
routes on site and within 1,500 feet of the base of any commercial/industrial
wind energy system.
[f]
Dimensional representation of the various structural
components of the commercial/industrial wind energy system, including
the base and footing.
[g]
Existing topography and natural features on the
site.
[h]
Proposed plan for grading and removal of natural
vegetation.
[i]
Proposed plan for restoration after construction
according to New York State Agriculture and Markets and New York State
Department of Environmental Conservation guidelines.
[j]
Wind characteristics and dominant wind direction
from which 50% or more of the energy contained in the wind flows.
[k]
[l]
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.
[m]
Tree removal. All groves of trees shall be located
on the site plan at time of application. No grove or woodlots of trees
shall be removed without approval of the Planning Board.
[5]
Commercial/industrial wind energy system information.
Specific information on the type, size, height, rotor material, rated
power output, performance, safety, and noise characteristics of each
commercial/industrial wind energy system model, tower, and electrical
transmission equipment.
[6]
Commercial/industrial wind energy system drawings.
Photographs or detailed renderings of each commercial/industrial wind
energy system model, including the tower, foundation, nacelle, and
blades.
[7]
Noise report. A noise report shall be furnished that shall include the following (see Subsection B(3)(h) for specific requirements):
[a]
A description and map of the project's noise-producing
features, including the range of noise levels expected and the tonal
and frequency characteristics expected. The noise report shall include
low-frequency, infrasound, pure tone, and repetitive/impulsive sound.
[b]
A description and map of the noise-sensitive environment,
including identifying any sensitive receptors within two miles of
the base of any proposed commercial/industrial wind energy system.
[c]
A survey and report 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
commercial/industrial wind energy systems, location of sensitive receptors
relative to wind direction, and analyses at affected sensitive receptors
located within two miles of the base of any proposed commercial/industrial
wind energy system.
[d]
A description and map showing the potential noise
impacts, including estimates of expected noise impacts upon construction
and operation workers, and estimates of expected noise levels at sensitive
receptor locations.
[e]
A description and map identifying the cumulative
noise impacts of the commercial/industrial wind energy systems.
[f]
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.
[g]
Identification of any potential problem areas.
[h]
Manufacturer's noise design and field testing data,
both audible dB(A) and low frequency (deep bass vibration), for all
proposed commercial/industrial wind energy system components.
[i]
A report that outlines issues and considerations
for individuals that use hearing aids.
[8]
A geotechnical report shall be furnished that shall,
at a minimum, include the following:
[a]
Soils engineering and engineering geologic characteristics
of the site based on on-site sampling and testing.
[b]
Foundation design criteria for all proposed commercial/industrial
wind energy system structures.
[c]
Slope stability analysis.
[d]
Grading criteria for ground preparation, cuts and
fills, and soil compaction.
[9]
Ice throw calculations. A report from a New York
State professional engineer that calculates the maximum distance that
ice from the blades of a commercial/industrial wind energy system
could be thrown. The basis of the calculation and all assumptions
must be disclosed. In addition, all sensitive resources in the area
that may be impacted by potential ice throw shall be identified.
[10]
Blade throw calculations. A report from a New
York State professional engineer that calculates the maximum distance
that pieces of the blades of a commercial/industrial wind energy system
could be thrown. The basis of the calculation and all assumptions
must be disclosed. In addition, all sensitive resources in the area
that may be impacted by potential blade throw shall be identified.
[11]
Catastrophic tower failure. A report from the
commercial/industrial wind energy system manufacturer stating the
wind speed and conditions that the tower is designed to withstand
(including all assumptions).
[12]
FAA notification. A copy of written notification
to the Federal Aviation Administration (FAA).
[13]
Utility notification. Utility interconnection
data and a copy of a written notification to the utility of the proposed
interconnection.
[14]
Utility loading verification. A report from the
applicant stating the electricity loading requirements of the commercial/industrial
wind energy system on the utility system and the capacity of the utility
grid to which interconnection is proposed, as well as documentation
from the utility company verifying that the existing grid is capable
of handling the additional electricity loading requirements of the
project.
[15]
Notification to microwave communications link
operators. An application that includes any commercial/industrial
wind energy system proposed to be 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.
[16]
Floodplain. An application that includes any commercial/industrial
wind energy system that is located within a one-hundred-year floodplain
area, as such flood hazard areas are shown on the floodplain maps,
shall be accompanied by a detailed report that shall address the potential
for wind erosion, water erosion, sedimentation, and flooding, and
that shall propose mitigation measures for such impacts.
[17]
Shadow flicker study. The applicant shall adhere
to the following:
[a]
The applicant shall conduct a study identifying
the locations of sensitive receptors that may be impacted by shadow
flicker produced by a commercial/industrial wind energy system. The
study should also identify the daily and annual expected durations
of shadow flicker, potential impacts of shadow flicker, and measures
taken to eliminate or mitigate shadow flicker.
[18]
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.
[19]
Other information. Such additional information
as may be reasonably requested by the Town Engineer or Planning Board.
(3)
Special use permits issued for commercial/industrial wind energy
systems shall be subject to the following conditions.
(a)
Zoning districts. Commercial/industrial wind energy systems
may only be considered for a special use permit within the Agricultural
District (A), One- and Two-Family Residential District (R), Multiple-Family
Residential District (MR), Business District (B), Light Industrial
District (LI), and General Industrial District (GI).
(b)
Setbacks. The applicant shall adhere to the following setbacks:
[1]
From zoning district boundaries. Commercial/industrial
wind energy systems shall be set back a minimum of 750 feet from the
boundary of any Agricultural District (A), One- and Two-Family Residential
District (R), Multiple-Family Residential District (MR), Business
District (B), Light Industrial District (LI), and General Industrial
District (GI).
[2]
From property lines. Commercial/industrial wind
energy systems shall be set back a minimum of 1.5 times their total
height from any property line, excluding adjoining lot lines of project
participants.
[3]
From structures.
[a]
Commercial/industrial wind energy systems shall
be set back a minimum of 1.5 times their total height from any building.
[b]
Commercial/industrial wind energy systems shall
be set back a minimum of 1,500 feet from any dwelling or approved
subdivision lot on an approved plat intended to house a dwelling.
[4]
From public roads and highways.
[5]
From railroads. Commercial/industrial wind energy
systems shall be set back a minimum of 1.5 times their total height
from any railroad right-of-way.
[6]
From aboveground transmission lines greater than
12 kilovolts.
[a]
Commercial/industrial wind energy systems shall be set back
a minimum of 1.5 times their total height from any aboveground transmission
line greater than 12 kilovolts.
[7]
Total height (maximum overall height). The total
height of any commercial/industrial wind energy system shall not exceed
450 feet. The total height shall be measured from the ground elevation
to the top of the tip of the blade in the most upright vertical position.
(c)
Signage.
[1]
Signage limited. No advertising sign or logo shall
be placed or painted on any commercial/industrial wind energy facility
or accessory structures.
(d)
Color and finish.
[1]
Color and finish. Commercial/industrial wind energy
systems shall be painted a nonobtrusive color (e.g., light environmental
color such as white, gray, or beige) that is nonreflective.
[2]
Camouflage facilities. The design of commercial/industrial
wind energy system buildings and related structures shall, to the
extent practicable, use materials, colors, textures, screening, and
landscaping that comply with the character of the surrounding area.
(e)
Lighting.
[1]
Lighting plan required. The applicant shall submit
a lighting plan that describes all lighting that will be required
on any commercial/industrial wind energy system structure or within
the site, including any lighting that may be required by the FAA.
Such plan shall include, but is not limited to, the proposed number,
type, dimension, and location of lights, light color, whether any
such lights will be flashing, and mitigation measures planned to control
the light so that it does not spill over onto neighboring properties.
(f)
Requirements of regulatory agencies. The applicant is required
to obtain all necessary regulatory approvals and permits from all
federal, state, county, and local agencies having jurisdiction and
approval related to the completion of the commercial/industrial wind
energy system project.
(g)
Safety and security requirements. The applicant shall adhere
to the following safety and security requirements:
[1]
Safety shutdown. Each commercial/industrial wind
energy system 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 energy
system. No commercial/industrial wind energy system shall be permitted
that lacks an automatic braking, governing, or feathering system to
prevent uncontrolled rotation, overspeeding, and excessive pressure
on the wind energy system, rotor blades, and turbine components.
[2]
Grounding. All commercial/industrial wind energy
systems that may be charged with lightning shall be grounded according
to applicable electrical codes.
[3]
Transmission lines and wiring. All transmission
lines and wiring associated with a commercial/industrial wind energy
systems project shall be buried a minimum of four feet underground.
For transmission lines located within properties used for farming
operations (crops, livestock, or dairy) the top two feet of backfill
material for the trench must be sand. The Planning Board shall have
the authority to waive this requirement if sufficient engineering
data is submitted by the applicant to demonstrate that underground
transmission lines are not feasible or practical. Underground transmission
lines located within active farms or agricultural districts shall
be in accordance with New York State Agriculture and Markets requirements.
The applicant is required to show the locations of all proposed overhead
and underground electric utility lines, including substations and
junction boxes for the project, on the site plan.
[4]
Ground clearance. The blade tip of any commercial/industrial
wind energy system shall, at its lowest point, have ground clearance
of not less than 50 feet.
[5]
Climbability. Commercial/industrial wind energy
system towers shall not be climbable up to 15 feet above ground level.
[6]
Access doors locked. All access doors to commercial/industrial
wind energy systems and electrical/mechanical equipment shall be lockable
and shall remain locked at all times when operator personnel are not
present.
[7]
Tower construction. All commercial/industrial wind
energy system towers shall be of monopole construction (single pole).
No lattice structures or guy-wire-supported structures shall be permitted.
[8]
Signage. Appropriate warning signage shall be placed
on commercial/industrial wind energy systems, electrical/mechanical
equipment, substations, and other associated facilities. Signage shall
also include two twenty-four-hour emergency contact numbers to the
owner of the wind energy system in accordance with federal, state,
and local regulations.
(h)
Noise requirements. The applicant shall adhere to the following
noise requirements:
[1]
Compliance with noise regulations required. A commercial/industrial
wind energy system permit shall not be granted unless the applicant
demonstrates that the proposed project complies with all federal,
state, and local noise regulations.
[3]
Noise setbacks. The Planning Board may impose a
noise setback that exceeds the other setbacks set out in this section
or require additional landscaping or buffering if it deems that such
actions are necessary to protect the public health, safety, and welfare
of the community.
[4]
Audible noise standard. The audible noise standard
due to commercial/industrial wind energy system operations shall not
be created that causes the noise level at the property boundary of
a proposed commercial/industrial wind energy system or at any sensitive
receptor 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.
[5]
Operations: low frequency noise. A commercial/industrial
wind energy system shall not be operated so that impulsive sound below
20 Hz adversely affects a sensitive noise receptor.
[6]
Noise complaint and investigation process required.
The applicant shall submit a noise complaint and investigation process.
The Planning Board shall determine the adequacy of the noise complaint
and investigation process.
(i)
Fire hazard protection. The applicant shall submit a fire control
and prevention program that is appropriate and adequate for the proposed
commercial/industrial wind energy systems. The proposed program may
include, but is not limited to, the following:
[1]
Fireproof or fire-resistant building materials.
[2]
Buffers or fire-retardant landscaping.
[3]
Availability of water.
[4]
An automatic fire-extinguishing system for all
buildings or equipment enclosures of substantial size containing control
panels, switching equipment, or transmission equipment, without regular
human occupancy.
[5]
Fire protection/emergency response plan. A fire
protection and emergency response plan, created in consultation with
the fire department(s) having jurisdiction over the proposed wind
energy facility to address coordination with local emergency/fire
protection providers during the construction or operation phase in
the event of an emergency, fire or other hazard.
(j)
Impact on wildlife species and habitat. The applicant shall
adhere to the following regarding the impact on wildlife species and
habitat:
[1]
Endangered or threatened species. Development and
operation of a commercial/industrial wind energy system 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 Royalton Comprehensive Plan and/or
other studies and plans based on criteria established by the federal
or state regulatory agencies.
[2]
Migratory birds. Development and operation of a
noncommercial wind energy system shall not have an adverse impact
on migratory bird species.
(k)
Interference with residential television, microwave, and radio
reception. The applicant must submit information that the proposed
construction of the commercial/industrial wind energy system will
not cause interference with microwave transmissions, cellular transmissions,
residential television reception, 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.
(l)
Interference with radar, telecommunication, or microwave communication
operations.
[1]
The applicant must coordinate specifics of the
project with the National Telecommunications and Information Administration
(NTIA), who then forwards information to several federal agencies,
and submit information to the Town indicating that the proposed construction
of the commercial/industrial wind energy system will not cause interference
with any government radar, telecommunication, or microwave operation.
The applicant shall include specific measures proposed to prevent
interference, a complaint procedure, and specific measures proposed
to mitigate interference impacts.
(m)
Interference with aviation navigational systems. The applicant
shall adhere to the following:
[1]
No interference with aviation facilities. No commercial/industrial
wind energy system shall be installed or operated in a manner that
causes interference with the operation of any aviation facility registered
with the FAA.
[2]
Compliance with FAA regulations. All commercial/industrial
wind energy system siting shall comply with FAA regulations.
[3]
Locking mechanisms to limit radar interference
required. All commercial/industrial wind energy systems shall include
a locking mechanism which prevents the blades from rotating when not
producing power in order to limit airport radar interference or clutter.
This provision does not apply while the wind energy system is free-wheeling
during startup and shutdown. The Planning Board may modify or eliminate
the requirement for a locking mechanism if sufficient evidence is
presented that no significant airport radar interference or clutter
will be caused by the commercial/industrial wind energy system.
(n)
Erosion control. The applicant shall adhere to the following:
[1]
Erosion control plan required. Before the Town
of Royalton shall issue a grading or building permit for the commercial/industrial
wind energy system, the applicant shall submit an erosion control
plan to the Planning Board for its review and approval. The plan shall
minimize the potential adverse impacts on wetlands and Class I and
II streams and the banks and vegetation along those streams and wetlands,
and to minimize erosion or sedimentation.
[2]
SPDES compliance. If the proposed project disturbs
over one acre, the applicant must comply with the New York State Department
of Environmental Conservation (NYSDEC) SPDES General Permit for Stormwater
Discharges from Construction Activity (Permit No. GP-08-01 or latest
revision). A copy of the notice of intent (NOI) and stormwater pollution
prevention plan (SWPPP), as required by the general permit, must be
filed with the Town of Royalton prior to construction. Per the general
permit, construction cannot begin until the required time period for
NYSDEC review has passed.
(o)
Shadow flicker. The applicant shall adhere to the following:
[1]
The applicant shall design the project to eliminate
or minimize shadow flicker onto sensitive receptors. Shadow flicker
created by a commercial/industrial wind energy system upon an identified
sensitive receptor shall not exceed 30 hours per year. Sensitive receptors
that will be impacted by greater than 30 hours per year will require
mitigation, as determined by the Planning Board.
(p)
Certification. The applicant shall provide the following certifications:
[1]
Certification of structural components. The foundation,
tower, and compatibility of the commercial/industrial wind energy
system tower with the rotor and rotor-related equipment shall be certified
in writing by a structural engineer registered in New York State.
The engineer shall certify compliance with good engineering practices
and compliance with the appropriate provisions of the Uniform Construction
Code that have been adopted in New York State.
[2]
Certification of post construction. After completion
of the commercial/industrial wind energy system, the applicant shall
provide a post-construction certification from a licensed professional
engineer registered in the State of New York that the project complies
with applicable codes and industry practices and has been completed
according to the design plans.
[3]
Certification of electrical system. The electrical
system shall be certified in writing by an electrical engineer registered
in New York State. The engineer shall certify compliance with good
engineering practices and with the appropriate provisions of the Electric
Code that have been adopted by New York State.
[4]
Certification of rotor overspeed control. The rotor
overspeed control system shall be certified in writing by a mechanical
engineer registered in New York State. The engineer shall certify
compliance with good engineering practices.
[5]
Certification of project. A certificate of completion
must be supplied by the applicant and approved by the Town of Royalton
Code Enforcement Officer.
(4)
Findings. Findings necessary to grant a commercial/industrial
wind energy system permit. In order to grant a commercial/industrial
wind energy system permit, the Town of Royalton Zoning Board of Appeals
shall review the application, all filings by any other party, and
conduct a public hearing. A commercial/industrial wind energy system
permit shall not be granted unless the Town of Royalton Zoning Board
of Appeals makes the following findings based on substantial evidence:
(a)
The proposed commercial/industrial wind energy system project
is consistent with the Comprehensive Plan of the Town of Royalton.
(b)
The proposed commercial/industrial wind energy system will not
unreasonably interfere with the orderly land use and development plans
of the Town of Royalton.
(c)
The benefits to the applicant and the public of the proposed
commercial/industrial wind energy system project will exceed any burdens.
(d)
The proposed commercial/industrial wind energy system will not
be detrimental to the public health, safety, or general welfare of
the community.
(e)
The proposed commercial/industrial wind energy system shall
comply with all required provisions of this section and the Town of
Royalton Zoning Ordinance, unless variances have been properly applied
for and granted pursuant to the provisions of the Town of Royalton
Zoning Ordinance.
(5)
Granting of special use permit.
(a)
Following review of the special use permit application, the
Planning Board will make a recommendation to the Zoning Board of Appeals.
The Zoning Board of Appeals may grant the special use permit, deny
the special use permit, or grant the special use permit with written
stated conditions. All decisions shall state the basis and findings
of the Zoning Board of Appeals.
(b)
Upon issuance of the special use permit, the Planning Board
will conduct its review of and act on the site plan application.
(c)
Following site plan approval by the Planning Board, the applicant
shall obtain a building permit from the Building Inspector for each
commercial/industrial wind energy system structure and related buildings.
(d)
The special use permit granted for a commercial/industrial wind
energy system shall be authorized by the Zoning Board of Appeals initially
for one year and in accordance with the provisions of the Town of
Royalton Zoning Ordinance. In the discretion of the Zoning Board of
Appeals, the special use permit may be reviewed upon its expiration
and extended for an additional one-year period or for such other period
of time not to exceed five years which may be established by the Zoning
Board of Appeals. Special use permits are renewable without the necessity
of a public hearing, SEQR review, or additional site plan review as
long as no changes are proposed to the project.
(e)
The special use permit shall not be assignable or transferable.
(6)
Monitoring requirements for commercial/industrial wind energy
systems.
(a)
Right to enter premises for monitoring. Upon reasonable notice,
Town of Royalton officials or their designated representatives may
enter a lot on which a commercial/industrial wind energy system permit
has been granted for the purpose of 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.
(b)
Avian/bat impact study plan. The applicant shall submit a plan
for monitoring the avian impact of the commercial/industrial wind
energy system to the Planning Board for its review and approval. Such
plan shall document and follow accepted scientific study procedures
and other methods as determined by NYSDEC. In addition, the applicant
shall agree to submit a report to the Town Board according to the
requirements of the applicable regulatory agencies that identifies
all dead birds found within 500 feet of each commercial/industrial
wind energy system. Removal of carcasses should be done after study
completion.
(c)
Periodic reporting required. The applicant shall agree to submit
periodic monitoring reports to the Town Board. The report shall contain
data on the operations and environmental impacts, and shall be in
the form prescribed by the Planning Board.
(d)
Power production report required. The applicant shall agree
to submit a power production report to the Town Board when requested.
The power production report shall cover the preceding calendar quarter
and shall be in the form prescribed by the Planning Board and shall
include actual power production in kilowatt hours for each commercial/industrial
wind energy system.
(e)
Inspections. Unless waived by the Planning Board, commercial/industrial
wind energy systems shall be inspected annually by a New York State-licensed
professional engineer or at any other time upon a determination by
the Town's Code Enforcement Office that the commercial/industrial
wind energy system tower may have sustained structural damage, and
a copy of the inspection report shall be submitted to the Town Code
Enforcement Officer. Any fee or expense associated with this inspection
shall be borne entirely by the permit holder.
(f)
General complaint process.
[1]
During construction, the Town of Royalton Code
Enforcement Officer can issue a stop order at any time for any violations
of the permit.
[2]
Post construction. After construction is complete,
the permit holder shall establish a contact person, including name
and phone number, for receipt of any complaint concerning any permit
requirements. Upon receipt of complaint from the Town of Royalton
Code Enforcement Officer, the permit holder/contact person shall have
seven working days to reply to the Town in writing.
(7)
Application fees and costs.
(a)
Application fee.
[1]
The applicant of a commercial/industrial wind energy
system shall submit an application fee to the Town of Royalton in
accordance with the Schedule of Fees as may be adopted by the Town
Board from time to time.
[2]
The applicant shall pay all costs associated with
the Town of Royalton's review and processing of the application, including
any professional consultant fees, to assist in the review of the application.
The applicant shall also pay all costs associated with the SEQR review
if an environmental impact statement is to be prepared (in accordance
with 6 NYCRR § 617.13). The applicant shall submit a deposit
with the application in the amount as determined by resolution by
the Town Board.
[3]
At the time of the special use permit renewal,
the applicant of a commercial/industrial wind energy system shall
submit an application fee to the Town of Royalton in accordance with
the Schedule of Fees as may be adopted by the Town Board from time
to time.
(8)
Transfer of commercial/industrial wind energy systems.
(9)
Proof of insurance.
(a)
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 be determined by the Town Board and in form acceptable to
the Town Board to cover potential personal and property damage associated
with construction and operation of a commercial/industrial wind energy
system.
(b)
Insurance shall be carried for the life of the project, through
decommissioning and site restoration.
(10)
Unsafe and inoperable commercial/industrial wind energy systems.
(a)
Removal and site restoration. Unsafe commercial/industrial wind
energy systems, inoperable commercial/industrial wind energy systems,
and commercial/industrial wind energy systems for which the permit
has expired shall be removed by the owner. All safety hazards created
by the installation and operation of the commercial/industrial wind
energy system shall be eliminated, and the site shall be restored
to its natural preconstruction condition.
(b)
Public nuisance. Every unsafe commercial/industrial wind energy
system and every inoperable commercial/industrial wind energy system
is hereby declared a public nuisance, subject to abatement by repair,
rehabilitation, demolition, or removal. An inoperable commercial/industrial
wind energy system 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. In this case, upgraded specs and plans signed
by a licensed New York State engineer must be provided to the building
inspector.
(c)
"Inoperable," defined. A commercial/industrial wind energy system
shall be deemed inoperable if it has not generated power within the
preceding six months.
(11)
Decommissioning and site restoration plan and bond.
(a)
The applicant shall submit a decommissioning and site restoration
plan, including cost estimate, to the Planning Board for its review
and approval prior to the issuance of any special use permit. The
restoration plan shall identify the specific properties it applies
to and shall indicate removal of all structures, wind energy systems,
transmission lines and wires, access roads and/or driveways, foundations
to four feet below finished grade, road repair costs, if any, and
all revegetation necessary to return the subject property to the condition
existing prior to establishment of the commercial/industrial wind
energy systems project. 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 decommissioning
and site restoration plan. The decommissioning and site restoration
plan shall include information regarding the anticipated life of the
project.
(b)
As a condition of special use permit approval, the applicant
shall execute and file with the Town Clerk a bond or other form of
security acceptable to the Town Board and Town Attorney, in an amount,
determined by the Town Board after review of the plan, sufficient
to ensure the faithful performance of the removal of all commercial/industrial
wind energy system components and the restoration of the site subsequent
to such removal, in accordance with the approved decommissioning and
site restoration plan.
(c)
The sufficiency of such bond shall be confirmed at least every
five years by an analysis and report of the cost of removal and site
restoration. The applicant shall pay the cost of such report. If said
analysis and report, upon review of the Town Board, determines that
the amount of the bond in force is insufficient to cover the removal
and site restoration costs, the bond shall be increased to the amount,
determined by the Town Board, necessary to cover such costs. The report
and increased amount of the bond shall be filed with the Town Clerk.
(d)
All bond requirements shall be fully funded before a building
permit is issued.
(e)
The decommissioning and site restoration bond shall be in effect
for the entire duration of the special use permit.
(f)
The applicant and his/her successors or assigns in interest
shall maintain the required bond funds for the duration of the special
use permit.
(12)
Public improvement bond.
(a)
As a condition of special use permit approval, the applicant
shall execute and file with the Town Clerk a public improvement bond
in an amount as determined by the Town Board and Highway Superintendent
sufficient to ensure remediation of damage to public roads caused
by traffic associated with the construction of the commercial/industrial
wind energy system. The public improvement bond shall be of a form
acceptable to the Town Board and Town Attorney.
(b)
In the event that any post-construction maintenance or replacement
of components that could affect Town roads is necessary, the applicant
shall notify the Town, and a new bond shall be posted.
(13)
Amendments to special use permit. Any changes or alterations
post construction to the commercial/industrial wind energy system
shall be done only by amendment to the special use permit and subject
to all requirements of this section.
C.
Noncommercial wind energy systems. Noncommercial wind energy systems
shall be included under uses that may be considered as "uses permitted
as special exceptions" in the Town of Royalton Zoning Code, in the
Agricultural District (A), One- and Two-Family Residential District
(R), Multiple-Family Residential District (MR), Business District
(B), Light Industrial District (LI), and General Industrial District
(GI) and shall be subject to the following regulations:
(1)
The placement, construction, and major modification of all noncommercial
wind energy systems within the boundaries of the Town of Royalton
shall be permitted only by special use permit granted by the Zoning
Board of Appeals (in accordance with the provisions of the Town of
Royalton Zoning Ordinance), site plan approval granted by the Planning
Board, and in accordance with this section. The process of obtaining
a special use permit shall be as follows:
(a)
Submittal of a special use permit application and supplemental
materials to the Town.
(b)
Review of the special use permit application by the Planning
Board and subsequent SEQR review with the Town of Royalton Planning
Board designated as lead agency.
(c)
Recommendation from the Planning Board to the Zoning Board of
Appeals on the special use permit application.
(d)
Review of the special use permit application and subsequent
action taken by the Zoning Board of Appeals.
(e)
Hold a public hearing.
(f)
If a special use permit is granted by the Zoning Board of Appeals,
the Planning Board will take action on the site plan.
(g)
Following issuance of a special use permit and subsequent site
plan approval, a building permit must be obtained from the Building
Inspector for each wind energy facility to be constructed.
(2)
Applications under this section shall be made as follows:
(a)
Applicants for a special use permit to place, construct, or
modify noncommercial wind energy systems within the Town of Royalton
shall submit a completed noncommercial wind energy application to
the Town accompanied by 15 copies of the project plans and supporting
materials to include the following information:
[1]
Name and address of the applicant and design engineer.
[2]
Evidence that the applicant is the owner of the
property involved or has the written permission of the owner to make
such an application.
[3]
A site plan drawn in sufficient detail to show
the following:
[a]
Locations and dimensions of all noncommercial wind
energy system components proposed on the site, including tower height,
total height measured to the top of the tip of the blade in the vertical
position, nacelle, length of blades, diameter of blade rotation, ground
clearance, electrical wires, substations, junction boxes, maintenance
buildings, and other necessary components.
[b]
Aboveground utility lines on site within 500 feet
of any proposed noncommercial wind energy system.
[c]
Property lot lines and the location and dimensions
of all existing structures and uses on site within 500 feet of any
proposed noncommercial wind energy system.
[d]
Zoning district boundaries and identification of
zoning districts within 500 feet of the base of any commercial wind
energy system.
[e]
Locations, dimensions, and ownership of all transportation
routes on site and within 500 feet of the base of any noncommercial
wind energy system.
[f]
Dimensional representation of the various structural
components of the noncommercial wind energy system construction, including
the base and footing.
[g]
Manufacturer's specifications for any proposed
noncommercial wind energy system, which should include:
[i]
Wind energy system information. Specific information
on the type, size, height, rotor material, rated power output, performance,
safety, and noise characteristics of the noncommercial wind energy
system.
[ii]
Wind energy system drawings. Photographs or detailed
drawings of each noncommercial wind energy system model, including
the tower and foundation.
[iii]
Noise report.
[iv]
Foundation requirements.
[4]
Electrical line drawing. A line drawing of the
electrical components of the noncommercial wind energy system in sufficient
detail to allow for a determination that the manner of installation
conforms to the Electrical Code adopted by New York State.
[5]
Floodplain. An application for any noncommercial
wind energy system proposed within a one-hundred-year floodplain area,
as such flood hazard areas are shown on the floodplain maps, shall
be accompanied by a detailed report that shall address the potential
for wind erosion, water erosion, sedimentation, and flooding, and
that shall propose mitigation measures for such impacts.
[6]
Wetlands. Application must be accompanied by a
map depicting state and federal wetlands within the project area.
[7]
Other information. Such additional information
as may be reasonably requested by the Town Engineer or Planning Board.
(3)
Special use permits issued for noncommercial wind energy systems
shall be subject to the following conditions:
(a)
Zoning Districts. Noncommercial wind energy systems may only
be considered for a special use permit within the Agricultural District
(A), One- and Two-Family Residential District (R), Multiple-Family
Residential District (MR), Business District (B), Light Industrial
District (LI), and General Industrial District (GI).
(b)
Setbacks. The applicant shall adhere to the following setbacks:
[1]
From property lines. Noncommercial wind energy
systems shall be set back a minimum of 1.5 times their total height
from any property line.
[2]
From public roads and highways. Noncommercial wind
energy systems shall be set back a minimum of 1.5 times their total
height from any public road or highway.
[3]
From railroads. Noncommercial wind energy systems
shall be set back a minimum of 1.5 times their total height from any
railroad right-of-way.
[4]
From aboveground transmission lines. Noncommercial
wind energy systems shall be set back a minimum of 1.5 times their
total height from any aboveground transmission line.
(c)
Placement of noncommercial wind energy systems. Noncommercial
wind energy systems shall be located in the rear yard, unless otherwise
directed by the Planning Board.
(d)
Only one noncommercial wind energy system per legal lot shall
be allowed. The system shall be primarily used to reduce the on-site
consumption of electricity, and at no times shall electricity be distributed
across property lines (except when distributed back to the grid).
(e)
Total height (maximum overall height). The total height of any
noncommercial wind energy system tower shall not exceed 100 feet.
The total height shall be measured from the ground elevation to the
top of the tip of the blade in the most upright vertical position.
(f)
Signage.
[1]
Signage limited. No advertising sign or logo shall
be placed or painted on any noncommercial wind energy system. A noncommercial
wind energy system permit may allow the placement of the manufacturer's
logo on a system generator housing in an unobtrusive manner.
(g)
Color and finish. Noncommercial wind energy systems shall be
painted a nonobtrusive color (e.g., light environmental color such
as white, gray, or beige) that is nonreflective.
(h)
Lighting. Exterior lighting on any noncommercial wind energy
system shall not be allowed except that which is specifically required
by the Federal Aviation Administration (FAA).
(i)
Requirements of regulatory agencies.
[1]
The applicant is required to obtain all necessary
regulatory approvals and permits from all federal, state, county,
and local agencies having jurisdiction and approval related to the
completion of the noncommercial wind energy system.
[2]
The applicant is required to submit a long environmental
assessment form (EAF) with the Town of Royalton Zoning Board of Appeals
designated as lead agency for the SEQR process.
(j)
Safety and security requirements. The applicant shall adhere
to the following safety and security requirements:
[1]
Safety shutdown. Each noncommercial wind energy
system shall be equipped with both manual and automatic controls to
limit the rotational speed of the blade within the design limits of
the rotor. A manual electrical and/or overspeed shutdown disconnect
switch shall be provided and clearly labeled on the noncommercial
wind energy system. No noncommercial wind energy system 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 wind energy system components.
[2]
Grounding. All noncommercial wind energy systems
that may be charged with lightning shall be grounded according to
applicable electrical codes.
[3]
Transmission lines and wiring. All transmission
lines and wiring associated with the noncommercial wind energy system
shall be installed underground except for tie-ins to a public utility
company and public utility company transmission poles, towers, or
lines.
[4]
Ground clearance. The blade tip of any noncommercial
wind energy system shall, at its lowest point, have ground clearance
of not less than 30 feet.
[5]
Climbability. Noncommercial wind energy systems
shall not be climbable up to 15 feet above ground level.
[6]
Anchor points for guy wires. Anchor points for
any guy wires for a noncommercial wind energy system shall be located
within the property that the wind energy system is located on and
not on or across any aboveground electric transmission or distribution
lines. The point of attachment for the guy wires shall be enclosed
by a fence six feet high or sheathed in bright orange or yellow covering
to eight feet above the ground. The minimum setback for the guy wire
anchors shall be 10 feet from the property boundary.
[7]
Signage. Appropriate warning signage shall be placed
on noncommercial wind energy systems and electrical equipment. Signage
shall also include one twenty-four-hour emergency contact number of
the owner of the wind energy system as well as signage warning of
electrical shock or high voltage and harm from revolving machinery.
(k)
Noise requirements. The applicant shall adhere to the following
noise requirements:
[1]
Audible noise standard. The audible noise standard
due to noncommercial wind energy system operations shall not 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.
[2]
Operations: low frequency noise. A noncommercial
wind energy system shall not be operated so that impulsive sound below
20 Hz adversely affects any sensitive noise receptor.
(l)
Impact on wildlife species and habitat. The applicant shall
adhere to the following regarding the impact on wildlife species and
habitat:
[1]
Endangered or threatened species. Development and
operation of a noncommercial wind energy system 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 Royalton 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]
Migratory birds. Development and operation of a
noncommercial wind energy system shall not have an adverse impact
on migratory bird species.
(m)
Electromagnetic interference. The noncommercial wind energy
system shall be operated such that no electromagnetic interference
is caused. If it is demonstrated that a noncommercial wind energy
system is causing harmful interference, the system operator shall
promptly mitigate the harmful interference or cease operation of the
system.
(n)
Interference with aviation navigational systems. The applicant
shall adhere to the following:
[1]
Compliance with FAA regulations. All noncommercial
wind energy systems shall comply with FAA regulations.
[2]
No interference with aviation facilities. No noncommercial
wind energy system shall be installed or operated in a manner that
causes interference with the operation of any aviation facility registered
with the FAA.
(o)
Interconnection and electrical distribution facilities. The
applicant shall adhere to the following:
[1]
Facility standards. All interconnection facilities
shall be constructed to the specifications of the utility.
[2]
Interconnection standards. Interconnection shall
conform to procedures and standards established by the Federal Regulatory
Commission and the New York State Public Service Commission, as applicable.
(p)
Certification. The applicant is required to provide the following
certifications:
[1]
Certification of structural components. The foundation,
tower, and compatibility of the tower with the rotor and rotor-related
equipment shall be certified in writing by a structural engineer registered
in New York State. The engineer shall certify compliance with good
engineering practices and compliance with the appropriate provisions
of the Uniform Construction Code that have been adopted in New York
State.
[2]
Certification of electrical system. The electrical
system shall be certified in writing by an electrical engineer registered
in New York State. The engineer shall certify compliance with good
engineering practices and with the appropriate provisions of the Electrical
Code that have been adopted by New York State.
[3]
Certification of rotor overspeed control. The rotor
overspeed control system shall be certified in writing by a mechanical
engineer registered in New York State. The engineer shall certify
compliance with good engineering practices.
(q)
General complaint process.
[1]
During construction. The Town of Royalton Code
Enforcement Officer can issue a stop order at any time for any violations
of the permit.
[2]
Post construction. After construction is complete,
the permit holder shall establish a contact person, including name
and phone number, for receipt of any complaint concerning any permit
requirements. Upon receipt of a complaint from the Town of Royalton
Code Enforcement Officer, the permit holder/contact person shall have
seven working days to reply to the Town in writing.
(r)
Final inspection. The Code Enforcement Officer shall insure
compliance with all manufacturer's specifications and the New York
State Uniform Construction Code.
(4)
Findings. Findings necessary to grant a noncommercial wind energy
system permit. In order to grant a noncommercial wind energy system
permit, the Town of Royalton shall review the application, all filings
by any other party, and conduct a public hearing. A noncommercial
wind energy system permit shall not be granted unless the Town of
Royalton Zoning Board of Appeals makes the following findings based
on substantial evidence:
(a)
The proposed noncommercial wind energy system project is consistent
with the Comprehensive Plan of the Town of Royalton.
(b)
The proposed noncommercial wind energy system will not unreasonably
interfere with the orderly land use and development plans of the Town
of Royalton.
(c)
The proposed noncommercial wind energy system will not be detrimental
to the public health, safety, and general welfare of the community.
(d)
The proposed noncommercial wind energy system shall comply with
all required provisions of this section and the Town of Royalton Zoning
Ordinance, unless variances have been properly applied for and granted.
(5)
Granting of special use permit.
(a)
Following review of the special use permit application, the
Planning Board will make a recommendation to the Zoning Board of Appeals.
The Zoning Board of Appeals may grant the special use permit, deny
the special use permit, or grant the special use permit with written
stated conditions. All decisions shall state the basis and findings
of the Zoning Board of Appeals.
(b)
Upon issuance of the special use permit, the Planning Board
will conduct its review of and act on the site plan application.
(c)
Following site plan approval by the Planning Board, the applicant
shall obtain a building permit from the Building Inspector for each
noncommercial wind energy system structure and related buildings.
(d)
The special use permit shall not be assignable or transferable.
(6)
Application fees and costs.
(a)
Application fee.
[1]
The applicant of a noncommercial wind energy system
shall submit an application fee to the Town of Royalton in accordance
with the Schedule of Fees as may be adopted by the Town Board from
time to time.
[2]
The applicant shall also pay all costs associated
with the SEQR review if an environmental impact statement is to be
prepared (in accordance with 6 NYCRR § 617.13). The applicant
shall submit a deposit with the application in the amount as determined
by resolution by the Town Board.
(7)
Proof of insurance. Prior to the issuance of a building permit,
the applicant shall provide the Town Clerk with proof of insurance
to cover potential personal and property damage associated with the
construction in an amount determined by the Zoning Board of Appeals.
(8)
Unsafe and inoperable noncommercial wind energy systems and
site reclamation.
(a)
Removal and site restoration. Unsafe noncommercial wind energy
systems, inoperable noncommercial wind energy systems, and noncommercial
wind energy systems for which the permit has expired shall be removed
by the owner within six months of the cease of operation or expiration
of permit. All safety hazards created by the installation and operation
of the noncommercial wind energy system shall be eliminated, and the
site shall be restored to its natural condition to the extent feasible
and practical.
(b)
An inoperable noncommercial wind energy system 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.
(c)
"Inoperable," defined. A noncommercial wind energy system shall
be deemed inoperable if it has not generated power within the preceding
six months.
(9)
Amendments to special use permit. Any changes or alterations
post construction to the noncommercial wind energy system shall be
done only by amendment to the special use permit and subject to all
requirements of this section.
D.
Meteorological (MET) towers.
(1)
The placement, construction, and major modification of all meteorological
towers within the boundaries of the Town of Royalton shall be permitted
only by special use permit granted by the Zoning Board of Appeals
(in accordance with the provisions of the Town of Royalton Zoning
Ordinance) and in accordance with this section. The process of obtaining
a special use permit shall be as follows:
(a)
Submittal of a special use permit application and supplemental
materials to the Town.
(b)
Recommendation from the Planning Board to the Zoning Board of
Appeals on the special use permit application.
(c)
Review of the special use permit application by the Planning
Board and subsequent SEQR review with the Town of Royalton Planning
Board designated as lead agency.
(d)
Review of the special use permit application, SEQR review, and
subsequent action taken by the Zoning Board of Appeals.
(e)
If a special use permit is granted by the Zoning Board of Appeals,
the Planning Board will take action on the site plan.
(f)
Following issuance of a special use permit and site plan approval,
a building permit must be obtained from the Building Inspector for
each MET tower to be constructed.
(2)
Applications under this section shall be made as follows:
(a)
Applicants for a special use permit to place, construct, or
modify MET towers within the Town of Royalton shall submit 15 copies
of each of the following information to the Town:
[1]
Name and address of the applicant and design engineer.
[2]
Evidence that the applicant is the owner of the
property involved or has the written permission of the owner to make
such an application.
[3]
A site plan drawn in sufficient detail to show
the following:
[a]
Locations and dimensions of all MET tower components
proposed on the site, including tower height, electrical wires, guy
wires, substations, junction boxes, and other necessary components.
[b]
Aboveground utility lines on site within 1,500
feet of the base of any MET tower.
[c]
Property lot lines and the location and dimensions
of all existing structures and uses within 1,500 feet of any proposed
MET tower.
[d]
Zoning district boundaries and identification of
zoning districts within 1,500 feet of the base of any commercial wind
energy system.
[e]
Locations, dimensions, and ownership of all transportation
routes on site and within 500 feet of the base of any MET tower.
[f]
Dimensional representation of the various structural
components of the MET tower.
[g]
Existing topography and natural features of the
site.
[h]
Proposed plan for grading and removal of vegetation.
[4]
Certification by a registered New York State professional
engineer that the MET tower's design is sufficient to withstand wind-loading
requirements for structures as established by the New York State Uniform
Construction Code.
[5]
FAA notification. A copy of written notification
to the FAA.
[6]
Decommissioning plan. The applicant shall file
and execute with the Town Clerk a bond or other form of security acceptable
to the Town Board and Town Attorney in an amount sufficient to ensure
the faithful performance of the removal of all MET towers and associated
components.
(b)
Special use permits issued for MET towers shall be subject to
the following conditions:
[1]
Zoning districts. MET towers may only be considered
for a special use permit within zoning districts where commercial
wind energy systems are permitted.
(c)
Setbacks. The applicant shall adhere to the following setbacks:
[1]
The placement or construction of MET towers shall
adhere to the setbacks established for commercial wind energy systems.
(d)
Total height (maximum overall height). The total height of any
MET tower shall not exceed 450 feet.
(e)
Signage.
[1]
Signage limited. No advertising sign or logo shall
be placed or painted on any MET tower or accessory structures.
(f)
Lighting. Exterior lighting on any MET tower shall not be allowed
except that which is specifically required by the FAA.
(3)
Granting of special use permit.
(a)
Following review of the special use permit application, the
Planning Board will make a recommendation to the Zoning Board of Appeals.
The Zoning Board of Appeals may grant the special use permit, deny
the special use permit, or grant the special use permit with written
stated conditions. All decisions shall state the basis and findings
of the Zoning Board of Appeals.
(b)
Upon issuance of the special use permit, the Planning Board
will conduct its review of and act on the site plan application.
(c)
Following site plan approval by the Planning Board, the applicant
shall obtain a building permit from the Building Inspector for each
MET tower.
(d)
The special use permit shall not be assignable or transferable
without the approval of the Zoning Board of Appeals.
(4)
Amendments to special use permit. Any changes or alterations
post construction to the MET tower shall be done only by amendment
to the special use permit and subject to all requirements of this
section.
(5)
Application fees and costs.
(a)
Application fee.
[1]
The applicant of a MET tower shall submit an application
fee to the Town of Royalton in accordance with the Schedule of Fees
as may be adopted by the Town Board from time to time.
[2]
The applicant shall also pay all costs associated
with the SEQR review if an environmental impact statement is to be
prepared (in accordance with 6 NYCRR § 617.13). The applicant
shall submit a deposit with the application in the amount as determined
by resolution by the Town Board.
[3]
At the time of the special use permit renewal,
the applicant of a commercial wind energy system shall submit an application
fee to the Town of Royalton in accordance with the Schedule of Fees
as may be adopted by the Town Board from time to time.
(6)
Proof of insurance.
(a)
Prior to the issuance of a building permit, the applicant shall
provide the Town Clerk with proof of insurance in a sufficient dollar
amount, as determined by the Zoning Board of Appeals, to cover potential
personal and property damage associated with construction and operation
of a MET tower.
(b)
Insurance shall be carried for the life of the MET tower, through
decommissioning and site restoration.
(7)
Unsafe and inoperable MET tower.
(a)
Removal and site restoration. Unsafe commercial MET tower systems,
inoperable commercial MET tower systems, and commercial MET tower
systems for which the permit has expired shall be removed by the owner.
All safety hazards created by the installation and operation of the
commercial MET tower system shall be eliminated, and the site shall
be restored to its preconstruction condition.
(b)
Public nuisance. Every unsafe commercial MET tower system and
every inoperable commercial MET tower system is hereby declared a
public nuisance, subject to abatement by repair, rehabilitation, demolition,
or removal. An inoperable commercial MET tower system 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. Specs and plans
must be provided to the Building Inspector.
(c)
"Inoperable," defined. A commercial MET tower system shall be
deemed inoperable if it has not generated information within the preceding
six months.
(8)
Decommissioning and site restoration bond.
(a)
The applicant shall submit a decommissioning and site restoration
plan, including cost estimate, to the Planning Board for its review
and approval prior to the issuance of any special use permit. The
restoration plan shall identify the specific properties it applies
to and shall indicate removal of all buildings, structures, towers,
transmission lines and wires, access roads and/or driveways, foundations
to four feet below finished 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
MET tower systems project. 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 decommissioning
and site restoration plan. The decommissioning and site restoration
plan shall include information regarding the anticipated life of the
project.
(b)
As a condition of special use permit approval, the applicant
shall execute and file with the Town Clerk a bond or other form of
security acceptable to the Town Board and Town Attorney, in an amount,
determined by the Zoning Board of Appeals, sufficient to ensure the
faithful performance of the removal of all MET tower components and
the restoration of the site subsequent to such removal, in accordance
with the approved decommissioning and site restoration plan.
(c)
The sufficiency of such bond shall be confirmed at least every
five years by an analysis and report of the cost of removal and site
restoration. The applicant shall pay the cost of such report. If said
analysis and report determines that the amount of the bond in force
is insufficient to cover the removal and site restoration costs, the
bond shall be increased to the amount necessary to cover such costs.
The report and increased amount of the bond shall be filed with the
Town Clerk.
(d)
All bond requirements shall be fully funded before a building
permit is issued.
(e)
The decommissioning and site restoration bond shall be in effect
for the entire duration of the special use permit.
(f)
The applicant and his/her successors or assigns in interest
shall maintain the required bond funds for the duration of the special
use permit.
A.
No person, firm or corporation being the owner or occupant of land
within the Town of Royalton shall use or permit the use of said land
for the construction of a tower, other than wind energy tower erected
for private use, without obtaining a special use permit and building
permit.
B.
Special exemption from special use permit requirements:
A.
The placement, construction, and major modification of all personal
wireless telecommunications facilities within the boundaries of the
Town of Royalton shall be permitted only by special use permit, upon
site plan approval issued by the Zoning Board of Appeals herein and
issuance of a building permit, and subject to all the provisions of
this section and all other applicable regulations.
B.
All new telecommunications antennas which are not attached to telecommunications
towers shall comply with the provisions of this section.
C.
All telecommunications towers existing on May 12, 1997, shall be
allowed to continue their usage as they presently exist and additional
new telecommunications antennas shall be permitted thereon without
regard to the zoning district in which the tower is located. New construction
other than routine maintenance on an existing telecommunications tower
shall comply with the requirements of this section.
D.
Applications under this section shall be made as follows:
(1)
Co-location. New telecommunications facilities shall be sited on
existing telecommunications facilities or in areas already in use
for telecommunications and/or utility distribution lines in order
to preserve the aesthetic and scenic value of the Town unless the
applicant demonstrates co-location is not feasible.
(2)
Applicants for a special use permit to place, construct or modify
personal wireless telecommunications facilities within the Town of
Royalton shall submit the following information to the Zoning Board
of Appeals for referral to a professional engineer of consultant for
review and recommendation:
(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.
(b)
Preliminary report describing:
[1]
Feasibility of co-location on existing structures and telecommunications
facilities;
[2]
Applicant's full map and grid coverage in the Town;
[3]
Surrounding topography and relation to line-of-sight transmission;
[4]
Available road access, electric power and land-based telephone
lines and/or microwave link capability;
[5]
Required improvements or construction activities, including
those within the public right-of-way or lands owned or controlled
by the Town of Royalton;
[6]
Identity of location, ownership and usage of currently existing
telecommunications facilities within the Town;
[7]
Plans for construction of telecommunications accessory equipment
building or structure and landscaping plan;
[8]
Proposed mitigation measures for visual impacts;
[9]
Proposed safety measures; and
[10]
Compatibility with existing telecommunications
networks, NYS Thruway Authority telecommunications network and public
safety and emergency networks, such as fire, ambulance, police and
911.
(c)
In the case of an application for a telecommunications tower,
additional information shall be provided describing the telecommunications
tower height and design, including a cross section of the structure;
the telecommunications tower's compliance with applicable structural
standards; the telecommunications tower's capacity, including the
number and type of telecommunications antennas it can accommodate
and the basis of calculation of capacity.
(d)
In the case of a telecommunications antenna mounted on an existing
structure, additional information shall be provided indicating the
existing structure's suitability to accept the telecommunications
antenna; the proposed method of affixing the telecommunications antenna
to the structure; complete details of all fixtures and couplings,
and the precise point of attachment.
(e)
Filing of certificate of public convenience and necessity in
this geographic area, from New York State Public Service Commission
for applicant with the Town.
(f)
Demonstrate that the proposed site is the most appropriate available
site within the immediate area for the location of the cellular telephone
facility.
(g)
Inventory of existing telecommunications facilities within the
Town outlining opportunities for shared use as an alternative to the
proposed use. The applicant must demonstrate that the proposed telecommunications
antenna cannot be accommodated on an existing approved telecommunications
tower or facility.
(h)
Filing map with Town showing all of applicant's proposed facilities
within the geographic area covered by the certificate of public convenience
and necessity.
(i)
Proof of certified mail announcements to all other telecommunications
providers in the area declaring the applicant's sharing capabilities
and/or siting needs.
(j)
A map showing the location of the premises for which the permit
is sought and sketch plan showing all features of the facility necessary
for providing road access, electrical service, land-based telephone
line connection and/or microwave link capability within the property
boundaries of the proposed location.
(k)
In the case of an application for a telecommunications antenna
or tower to be located on private lands owned by a party other than
the applicant or the Town, a copy of the lease agreement, without
requiring the amount of rent, with the property owner shall be provided
to the Zoning Board of Appeals.
(l)
Such other information as may be required by the Zoning Board
of Appeals or its engineer.
(m)
All plans or specifications required by the State Education
Law to be prepared by or under supervision of a professional engineer
(PE), surveyor or architect shall be stamped and signed by such licensee.
E.
Special use permits issued for personal wireless telecommunications
service facilities shall be subject to the following general conditions:
(1)
Separation distance. Telecommunications facilities shall be separated
from all residential dwellings by a distance of 250 feet or 1 1/2
times the height of the tower, whichever is greater.
(2)
All telecommunications accessory structures shall comply with zoning
setback regulations in the affected zone. In any event, a telecommunications
tower shall be set back a distance at least equal to its height. Additional
setbacks may be required by the Zoning Board of Appeals in order to
provide for public safety.
(3)
Minimal visual impacts. All telecommunications towers and telecommunications
antennas shall be sited to have the least possible practical visual
effect on the environment.
(5)
Material and paint. Telecommunications towers and telecommunications
antennas shall be of a galvanized finish, or painted gray above the
surrounding tree line, and gray or green below the tree line; the
mountings of telecommunications antennas shall be nonreflective and
of the appropriate color to blend with their backgrounds, unless otherwise
required by the FAA.[2]
(6)
Screening.
(a)
Screening may be required by the Zoning Board of Appeals to
screen portions of the telecommunications tower and tower base from
nearby residential property or important views.
(b)
Architectural character. Design measures shall be used to integrate
the facilities with existing buildings in the area.
(7)
Height. The size of telecommunications sites shall be limited to
the minimum required to provide proposed telecommunications services
but shall include consideration of height needed for co-location.
(8)
Access roads. Existing roadways shall be used for access to the site
whenever possible.
(9)
Telecommunications accessory structures. Telecommunications support
facilities such as vaults and equipment rooms, utilities and other
support structures shall be screened, placed underground, depressed,
earth bermed or sited below the ridgeline to the greatest extent feasible,
particularly in areas of high visibility.
(10)
Telecommunications antennas. Due to their high visibility, dish
and parabolic telecommunications antennas shall be located at as low
an elevation as possible without compromising the function of the
device, preferably on the sides of buildings or ground-mounted on
slopes below the ridgeline wherever possible, rather than elevated
on telecommunications towers. Microwave and satellite dishes shall
be of mesh construction whenever possible.
(11)
Utility service. At the discretion of the Board, electrical
and land-based telephone utilities extended to serve telecommunications
sites shall be underground on the applicant's property.
(12)
Security provisions. Each site shall have a security program
including physical features such as fencing, anticlimbing devices
or elevating ladders on the telecommunications towers and/or monitoring
either by staff or electronic devices, to prevent unauthorized access
and vandalism.
(13)
Safe zone. Telecommunications towers shall be designed so that
in the event of failure they will fall within the setback area of
the site and/or away from adjacent development.
(14)
Noise. Noise-producing equipment shall be sited and/or insulated
to minimize noise impacts on adjacent properties.
(15)
Annual inspection and report. Unless waived by the Board, telecommunications
towers over 100 feet in height, including towers existing on the effective
date hereof shall be inspected annually by a licensed professional
engineer or at any other time upon a determination by the Town's Building
Inspector that the telecommunications tower may have sustained structural
damage, and a copy of the inspection report submitted to the Building
Inspector.
(16)
Removal. All telecommunications facilities, including but not
limited to antennas, towers and accessory structures, shall be dismantled
and removed from the site when they have been inoperative, abandoned
or had its special use permit revoked, for six months. Applicants
shall post a bond or other suitable undertaking as a condition of
the special use permit in order to guarantee removal of abandoned
structures.
(17)
Post-installation field report. A post-installation field report
identifying the facility's coverage area, the telecommunications tower's
maximum capacity, committed capacity and unused capacity, if any,
and co-located users of the telecommunications tower shall be submitted
to the Town.
(18)
Proof of insurance. The applicant shall annually 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.
(19)
Special use permit term. Special use permits granted pursuant
to this section shall be issued for a term of one year. Permits may
be renewed yearly without the need of a public hearing.
(20)
To the extent determined by the Board, the applicant shall provide
for the placement of antennas and other telecommunication devices
on its facilities for public safety organizations.
(21)
Applicant shall pay the costs of the Town's engineers and attorneys
for time spent reviewing and analyzing the application.
F.
The Zoning Board of Appeals may grant the special use permit, deny
the special use permit or grant the special use permit with written
stated conditions. Denial of the special use permit shall be by written
decision based upon substantial evidence submitted to the Board.
G.
The special use permit shall not be assignable or transferable.
A.
No person other than a member or members of the family residing on
the premises shall be engaged in such occupation.
B.
The use of the dwelling unit for the home occupation shall be clearly
incidental and subordinate to its use for residential purposes by
its occupants, and not more than 25% of the floor area of the principal
building shall be used in the conduct of the home occupation.
C.
A home occupation shall not be interpreted to include the following:
commercial stables and kennels, restaurants, musical and dancing instructions
to groups exceeding four pupils, convalescent homes, mortuary establishments,
garages or shops for the repair of motor vehicles, antique dealerships.
D.
Direct retail sales of products or merchandise not made at home by
the owner is prohibited.
E.
There shall be no outdoor storage or display of materials, goods,
supplies or equipment related to the operation of the home occupation.
F.
Vehicular traffic flow and parking shall be increased by such occupation
by no more than one additional vehicle at a time; sufficient off-street
parking shall be provided for such additional vehicles elsewhere than
in any required front yard.
G.
The appearance of the structure(s) utilized for the home occupation
shall not be changed in any way that would cause the premises to differ
from its residential character.
H.
The occupational use shall not generate traffic, parking, noise,
vibration, glare, fumes, odors or electrical interference beyond what
normally occurs in the zoning district and surrounding area where
the use is located.
I.
One nameplate not to exceed one square foot in area and attached
to the structure shall be allowed to display the name of the occupant
and/or the name of the home occupation.
J.
No more than one commercial vehicle utilized by the home occupation
may be parked at the premises on a regular basis.
A.
Unless special circumstances exist which make the following standards
impractical or unreasonable, the following restrictions, applicable
to satellite parabolic antennas greater than three feet in diameter,
are deemed necessary to provide the minimum level of control necessary
for the health, safety and aesthetic objectives of the Town:
(1)
All parabolic antennas shall be located on the ground at natural
grade and shall not be installed on or above any buildings.
(2)
All parabolic antennas shall be located in rear yards, except that
they may be placed in front yards when a two-foot setback from the
front lot line can be obtained.
(3)
No more than one parabolic antenna shall be allowed per lot.
(4)
The parabolic antennas shall be screened to the extent reasonably
practicable from the view of adjoining property owners.
B.
The Zoning Board of Appeals may, after public hearing, modify the
above requirements when circumstances and conditions of a particular
lot make such standards impractical or unreasonable.
Temporary seasonal roadside stands to be used exclusively for
the sale of fruits, vegetables and other garden products grown upon
the property may be erected, used and maintained by the owner or lessee
of such property, provided that such stands shall be located outside
the highway right-of-way and at least 20 feet from the paved portion
of the highway, and further provided that the sale of such agricultural
products shall be conducted in an orderly, sightly and sanitary manner
by the owner or lessee of such property or his employees.