Town of Royalton, NY Article III Application of Regulations

§ 200-11 Dimensional and use regulations.

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.

§ 200-12 Area of living space.

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.

§ 200-13 Signs.

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.

G. Sign, real estate for sale signs, one on-premises sign not to exceed nine square feet in area is allowed. Such sign shall be removed within 15 days after property closing or lease signing.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

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.

§ 200-14 Temporary uses.

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.

§ 200-15 Parking.

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.

§ 200-16 Off-street loading.

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.

§ 200-17 Fences.

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.

E. All fences, including farm fences, shall be constructed so that the finished or "good side" of any fence faces away from the owner's property, and any horizontal rails face the owner's property.[1]

[1] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 200-18 Ponds. [1]

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.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 200-19 Camping trailers; recreational vehicles.

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.

§ 200-20 Nonconforming uses, lots, structures. [1]

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.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 200-21 Slope of yards.

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.

§ 200-22 Solar energy systems.

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

BUILDING-INTEGRATED SOLAR/PHOTOVOLTAIC (BIPV) SYSTEM

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.

BUILDING-MOUNTED SOLAR ENERGY SYSTEM

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.

COMMUNITY IMPACT ANALYSIS

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.

GROUND-MOUNTED SOLAR ENERGY SYSTEM

A solar energy system that is affixed to the ground either directly or by support structures or other mounting devices.

HEIGHT

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).

HOST COMMUNITY AGREEMENT

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 PERENNIAL VEGETATION

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.

NET METERING

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.

NONPARTICIPATING PROPERTY

A property that is not affiliated with a solar energy system project in any contractual way related to the solar project.

PARCEL(S)

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.

PARTICIPATING PROPERTY

A property that is being leased for solar usage, or a property that has an agreement or lease related to the solar project.

POLLINATOR

Bees, birds, bats, and other insects or wildlife that pollinate flowering plants and include both wild and managed insects.

PRIME FARMLAND

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.

REFLECTOR, SOLAR

A device for which the sole purpose is to increase the solar radiation received by a solar collector.

ROOFTOP-MOUNTED SOLAR ENERGY SYSTEM

Any solar energy system that is affixed to the roof of a building and wholly contained within the limits of the roof surface.

SOLAR ACCESS

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.

SOLAR COLLECTOR

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.

SOLAR ENERGY SYSTEM

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).

SOLAR ENERGY SYSTEM

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:

(a) TIER 1 SMALL-SCALE SOLAR ENERGY SYSTEM A rooftop-, building-mounted or building-integrated solar energy system.

(b) TIER 2 LARGE-SCALE SOLAR ENERGY SYSTEM Any solar energy system that cumulatively on a lot meets all of the following criteria:

[1] 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.

[2] 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.

(c) TIER 3 UTILITY-SCALE SOLAR ENERGY SYSTEM Any solar energy system that cumulatively on a lot meets the following:

[1] Is a ground-mounted principal use or structure designed and intended to supply energy solely or primarily into a utility grid;

[2] 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;

(d) TIER 4 INDUSTRIAL-SCALE SOLAR ENERGY SYSTEM An 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.

SOLAR SKYSPACE

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.

(a) Tier 1 small-scale solar energy systems; see Subsection B of this section.

(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.

[4] Screening and visibility [Refer to Subsection A(12)(f)].

[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.

§ 200-22.1 Wind energy systems.

[Added 5-8-2017 by L.L. No. 5-2017]

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

COMMERCIAL/INDUSTRIAL WIND ENERGY SYSTEM

A wind energy system that meets at least one of the following criteria:

(1) Has a rated capacity greater than 250 kilowatts;

(2) A total height of greater than 100 feet;

(3) Is intended to solely supply electrical power into a power grid for sale.

METEOROLOGICAL (MET) TOWER

A tower used to measure meteorological data, such as temperature, wind speed, and wind direction prior to locating a wind energy system.

NONCOMMERCIAL WIND ENERGY SYSTEM

A wind energy system that meets at least one of the following criteria:

(1) Has a rated capacity of not more than 250 kilowatts;

(2) A total height of not greater than 100 feet;

(3) Is intended primarily for use of electricity on site.

SENSITIVE RESOURCES

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.

TOTAL HEIGHT (also MAXIMUM OVERALL HEIGHT)

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.

TOWER

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.

TOWER HEIGHT

The distance measured between the surface of the tower foundation and the uppermost fixed portion of the tower, excluding the length of any blade.

WIND ENERGY SYSTEM

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] Plan for ingress and egress to the proposed project site, including:

[i] A description of the access route from the nearest state-, County- and/or Town-maintained roads to include:

[A] Road surface material stating the type and amount of surface cover.

[B] Width and length of access route.

[C] Dust control procedures.

[ii] Proposed improvements to state, county, and/or Town roads along with proposed new access drives.

[iii] A road maintenance schedule or program.

[iv] Review railroad accessibility for deliveries.

[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.

[a] Commercial/industrial wind energy systems shall be set back a minimum of 1.5 times their total height from any public road or highway.

[b] Where the lot line abuts a public right-of-way, the setbacks specified above shall be measured from the property line of such right-of-way.

[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.

[2] Noise study required. The Planning Board shall determine the adequacy of the noise study and, if necessary, may require further submissions. The noise study shall consider the following:

[a] Low-frequency noise.

[b] Infrasound noise.

[c] Pure tone.

[d] Repetitive/impulsive sound.

[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.

(a) Ownership of a commercial/industrial wind energy system(s) shall not be transferred or sold without the approval of the Town, which approval shall be granted upon:

[1] The receipt of the ability of the successor to meet all requirements of this section.

[2] The written acceptance of the transferee of the obligations of the transfer or under this section.

[3] The new owner must appear before the Zoning Board of Appeals for approval of a special use permit.

(b) No transfer or sale shall eliminate the liability of an applicant or any other party under this section.

(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.

§ 200-23 Telecommunications towers.

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:

(1) Preexisting towers which conform to and meet the requirements of this subsection.

(2) Towers used for normal household television, radio and other similar signal broadcast or reception.

(3) Preexisting towers which do not conform shall be granted a nontransferable permit.

§ 200-24 Personal wireless telecommunications service facilities.

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.

(4) Lighting. Telecommunications towers shall not be artificially lighted unless otherwise required by the Federal Aviation Administration or other federal, state or local authority.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(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]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(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.

§ 200-25 Home occupations.

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.

§ 200-26 Satellite parabolic antennas.

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.

§ 200-27 Seasonal roadside stands.

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.