Town of New Hartford, NY Additional Regulations of Specific Uses

Accessory apartments must be located entirely within the principal building. Only one accessory apartment is allowed per one-family dwelling. The accessory apartment may not result in a significant change to the exterior architecture of the building in which it is located. The Code Enforcement Officer is responsible for determining what constitutes a significant change. An accessory apartment may be located in an accessory building at the discretion of the Planning Board; the lot size will be the determining factor.

Accessory apartments may be located only on owner-occupied lots.

The usable floor area of an accessory apartment shall have a minimum of 400 square feet and a maximum of 800 square feet, except that the area of the accessory apartment shall not exceed 25% of the usable floor area of the main building.

Changes to the residential architecture necessary to accommodate the accessory apartment are limited to those necessary to provide bathroom and kitchen facilities, and the resulting arrangement must not divide the dwelling or give the appearance of dividing the dwelling into two separate dwelling units capable of independent occupancy.

A certificate of occupancy from the Code Enforcement Officer is required on an annual basis.

§ 118-45 Adult entertainment establishment.

Adult entertainment establishments shall be subject to the following additional regulations:

No adult use shall be permitted in any building used in whole or in part for residential purposes.

No more than one adult entertainment establishment shall be permitted on any lot, and no such use shall be permitted within 1,500 feet of any other such use.

No adult entertainment establishments shall be permitted on any lot that is located within 1,500 feet of any lot on which is located a residential use, school, religious institution, cemetery, community center, day-care center, public park, playing field, bike path, or other public recreational facility.

No adult entertainment establishments shall be conducted in any manner that allows the observation of any material depicting, describing or relating to any sexual act or any part of the anatomy from any public way or from any other property. This provision shall apply to any display, decoration, sign, show, window, or other opening.

There shall be no outdoor sign, display or advertising of any kind other than an identification sign limited to the name of the establishment.

Adult entertainment establishments shall comply with all other requirements of this chapter, as well as all other applicable Town, county, state and federal laws and regulations.

The distances provided in Subsection A above shall be measured by following a straight line, without regard to intervening buildings, from the nearest point of the parcel lot line upon which the adult entertainment establishment is to be located to the nearest point of the parcel lot line or the land use district boundary line from which the adult use is to be separated.

§ 118-46 Adaptive reuse of barns.

Barn structures located on lands zoned A or RA, where agriculture was formerly a principal use, may be adaptively reused for the following uses with a special use permit:

Sale of agriculture-related goods otherwise permitted at a farm stand.

Artist and craftsman work space.

Leasable storage space for such items as farm equipment, recreational vehicles and equipment, and boats entirely enclosed within the structure and meeting the standards of the Uniform Fire Prevention and Building Code.

§ 118-47 Automobile/motorized vehicle sales, lease or rental establishment.

The minimum front yard setback for all vehicle displays, storage, repair or finishing work shall be 50 feet.

Landscaping.

A landscaped strip of trees and shrubs a minimum of 10 feet in depth and three feet in height shall be provided in the front yard setback if vehicles shall be displayed or stored in the front yard facing a public right-of-way.

The landscaping strip shall parallel the length of the lot frontage where vehicles are displayed or stored. This shall apply to both frontages on a corner lot if vehicles are displayed or stored on the lot facing both public rights-of-way.

All other landscaping and screening requirements of § 118-81 shall apply. The more stringent standard of § 118-81D shall be required where applicable.

Employee and customer parking provided on site, as required by § 118-82 of this chapter, shall be designated by signage indicating "This space is reserved for employees," and indicating "This space is reserved for customers." Parking areas designated for employees and customers shall not be used for vehicle storage, repair or finishing work or display or customer parking.

All exterior lighting shall be designed and oriented so as to minimize the visual impact upon adjacent and nearby residential properties as may be applicable.

No exterior public address system shall be permitted.

No exterior display of banners, pennants, ribbons, or other similar temporary advertising materials shall be permitted in any outdoor sales area except as permitted in § 118-84H(5) of this chapter.

§ 118-48 Car wash.

This section applies to any car wash established as a permanent use. This section does not apply to temporary car-washing activities sponsored by schools, churches, or other nonprofit organizations or groups in order to raise money for designated events.

No building, parking or service area shall be closer than 100 feet to any existing residential structure.

Ingress and egress shall be so designed as to minimize traffic congestion, and for this purpose, the number and location of driveways shall be subject to the explicit approval of the Planning Board as part of site plan review.

In addition to meeting any off-street parking requirements of this chapter, a car wash shall provide a minimum of four stacking spaces per bay on the lot.

As part of site plan review, evidence of an adequate long-term source of public or private water shall be submitted to show that water usage will not affect surrounding properties.

The premises shall not be used for the sale, rent or display of automobiles, trailers, mobile homes, boats, or other vehicles unless one of these uses is the permitted principal use on the lot and the car wash is an accessory use to that principal use.

§ 118-49 Christmas tree and wreath sales lots.

Christmas tree and wreath sale lots off-premises from the site where such trees are grown requires a temporary use permit from the Code Enforcement Officer.

Such use shall be limited to a period not to exceed 45 days of operation per year.

§ 118-50 Community-based long-term care facility.

No more than six patients shall occupy a community-based long-term care facility.

No community-based long-term care facility shall be located on a street with only one outlet (e.g., a cul-de-sac, a dead-end road, etc.)

No two community-based long-term-care facilities shall be located within 1/2 mile of each other, said distance to be measured as a straight line connecting the approximate center point of each structure.

Each community-based long-term care facility shall, on an annual basis, provide the Town Code Enforcement Officer with written verification of its continued certification to operate as a licensed health-care facility.

The Planning Board may waive or vary any requirement in this chapter for good cause shown with a majority plus one.

§ 118-51 Contractors' offices; equipment sheds; construction staging areas.

Contractors' offices, equipment sheds and construction staging areas containing no sleeping or cooking accommodations may be permitted in any district when used in conjunction with a valid building permit.

Temporary storage shall be allowed as an accessory use to the contractor's office or equipment shed.

Such use shall be limited to a period not to exceed the duration of the building permit and shall be removed immediately upon expiration thereof.

§ 118-52 Drive-through window facilities.

Due to potential impacts on traffic volume, vehicular and pedestrian circulation, and the environment, the following additional standards are required for the permitting of drive-through windows:

Site location criteria. The site of the drive-through window shall meet all of the following criteria:

The drive-through shall not be located within 50 feet of a lot line of any residential district;

The drive-through shall not substantially increase traffic on streets in an A, RA, LDR or MDR district;

The site shall be adequate in size and shape to accommodate said use and to accommodate all yards, parking, landscaping, and other required improvements; and

The use shall not substantially lessen the usability and suitability of adjacent lands zoned A, RA, LDR or MDR for uses permitted as of right in these districts.

General design standards. All the following must be provided for the primary use to be granted a building permit for a drive-through window:

All lighting on the exterior of the building shall be of an indirect nature, emanating only from fixtures located under canopies or hoods, under eaves of buildings and at ground level in the landscaping. Freestanding pole lights shall not exceed a maximum height of 14 feet and shall be so arranged and shielded that there shall be no glare or reflection onto adjacent properties or public rights-of-way.

Signs should be placed and waiting lanes should be designed so that waiting cars do not block sidewalks or public streets.

Landscaping, waiting-lane devices, and overall design should not prevent vehicles from safely and efficiently leaving waiting lanes.

Traffic circulation.

A traffic study addressing both on-site and off-site traffic and circulation impacts shall be required.

Pedestrians must be able to enter the establishment from the parking lot or sidewalk without crossing the waiting or exit lanes.

Waiting lanes shall accommodate the following number of cars to be in a queue or stacked based on the use:

[a]

Fast-food restaurants and coffee shops: sufficient to accommodate a minimum queue of 12 vehicles.

[b]

All other drive-through windows with a single lane: sufficient to accommodate a minimum queue of six vehicles.

[c]

Drive-through banks with more than one lane: sufficient to accommodate a minimum queue of four vehicles.

Waiting lanes shall be designed for the maximum length possible, allowing 20 feet per vehicle.

[5]

The waiting lane shall be independent of any on-site parking, parking maneuvering areas, public streets, or traffic ways serving other on and/or off-site uses.

Site plan requirements. In addition to the general requirements for site plan review, drive-through window site plans must also include the following features:

Design and placement of signs to ensure that they facilitate the safe and smooth flow of traffic.

Details of pedestrian and vehicular circulation.

Details of waiting lanes, including location and design of curbs, gates, bollards and chains, pavement markings, and similar devices.

§ 118-53 Portable shelters.

Portable shelters for use as a tent for an event or other activity shall be permitted for up to 30 days in a calendar year with the issuance of a temporary use permit from the Code Enforcement Officer.

Portable shelters for use as a carport, garage or storage vessel shall be prohibited except in conjunction with an agricultural use.

§ 118-54 Farmers markets and other open-air markets.

Farmers markets and other open-air markets are permitted with the issuance of a temporary use permit from the Code Enforcement Officer.

Evidence of adequate on-street or off-street parking in the vicinity of the market location shall be provided. In general, at least six parking spaces plus one for every 250 square feet of sales area should be available within easy walking distance of the market.

Safe ingress and egress from the farmers market or open-air market shall be required, including the provision of adequate pull-off areas and adequate parking.

Signs: One freestanding sign not exceeding 16 square feet in area and six feet in height is permitted unless located on a corner lot, where one additional sign is permitted.

§ 118-55 Gasoline service stations.

Definitions.

A "canopy" means any structural protective cover that is not enclosed on any of its four sides and is provided for a service area designated for the dispensing or installation of gasoline, oil, antifreeze, headlights, wiper blades and similar products.

A "fuel pump" means any device that dispenses automotive fuel and/or kerosene. A fuel pump may contain multiple hoses or be capable of serving more than one fueling position simultaneously.

A "pump island" means a concrete platform measuring a minimum of six inches in height from the paved surface on which fuel pumps are located.

General standards.

A gasoline service station lot, fuel pump and/or fuel storage tanks shall not be located within 2,500 feet of any municipal water wells or other municipal water supply source. All fuel storage tanks shall comply with all federal and state regulations.

Fuel storage tanks shall not be located aboveground.

No fuel or oil pump, no oiling or greasing mechanism and no other storage or service appliance installed in conjunction with any gasoline service station or public garage shall be within 25 feet from any curbline and 50 feet from any property line.

Entrance and exit driveways shall have an unrestricted width of not less than 18 feet nor more than 30 feet nor be located closer than 25 feet to any side or rear lot line.

No entrance or exit driveway or parking space shall be so located as to require the backing of any vehicle into a public right-of-way.

No access drive shall be within 200 feet of and on the same side of the street as a school, public library, theater, church or place of worship or other public gathering place, park, playground or fire station designed for occupancy by more than 50 persons, unless a street with a right-of-way of not less than 50 feet lies between such gasoline service station and such building or use.

All major repair work, storage of materials, supplies, and parts shall be located within a structure completely enclosed on all sides, not to be construed as meaning that the doors on any repair shop must be kept closed at all times.

Outdoor storage of motor vehicles shall be prohibited at all times. The premises shall not be used for the sale, rent or display of recreational vehicles, trailers, boats, or other vehicles.

Design standards.

Suitable year-round buffering and landscaping, using only indigenous plants, shall be provided in all rear and side yards.

Principal buildings shall be oriented to the street.

Principal buildings and pump island canopies should have pitched roofs.

Canopies shall not exceed 16 feet in height from finished grade to the underside of the canopy.

Canopies shall be architecturally integrated with the principal building and all other accessory structures on the site through the use of the same or compatible materials, colors and roof pitch.

Canopies shall not be used as, or for, signage.

Any lighting fixtures or sources of light that are a part of the underside of the canopy shall be recessed into the underside of the canopy so as not to protrude below the canopy ceiling surface more than two inches.

§ 118-56 Golf courses.

The center line of a golf hole shall be a minimum of 150 feet from any road, right-of-way, boundary, clubhouse or maintenance building and a minimum of 220 feet from any residential dwelling.

If night activities are to be held at the golf facility, the parking lot shall be lighted. Said lighting shall be arranged and shielded to reflect the light downward and prevent any light from shining directly on adjoining streets, residential zones and residential buildings.

Any public address system shall be designed and operated in a manner which will not disturb adjacent landowners.

§ 118-57 Home occupations.

Purpose. Some business activities may take place in a home as part of residential use and are not considered home occupations. Other activities are considered home occupations which are accessory activities to uses in residential zones. These regulations recognize that there are many professions and occupations which may be performed in a home with no significant effect on the surrounding neighborhood and that such business activities may create jobs, provide important local services and reduce the number of work trips, thereby conserving energy. The following regulations are intended to assure that home occupations will not be a detriment to the character and quality of the surrounding neighborhood.

General standards applying to all home occupations:

The home occupation shall be clearly incidental and secondary to the use of the lot for residential purposes.

The home occupation is allowed in a residential setting because it does not compromise the residential character of an area, does not generate conspicuous traffic, does not visually call unusual attention to the home and does not generate noise of a nonresidential level.

The home occupation shall be conducted entirely within a principal dwelling and not in an accessory structure.

Inventory and supplies shall not occupy more than 50% of the area permitted to be used as a home occupation.

The home occupation shall not involve any operation considered to be hazardous.

No generation of noise, vibration, smoke, dust, electrical disturbance, odors, heat or glare shall be perceptible beyond the property line.

Not more than 15% of all habitable space of the principal building shall be utilized for all home occupation activities.

All parking shall be provided off-street. No more than three client-related vehicles may be parked in the front yard.

(9)

The New York State Fire Prevention and Building Code shall be followed.

(10)

Hazardous materials shall be prohibited.

Type 1 (minor) home occupation: no permit required.

Certain home occupation activities are considered minor home occupations and, as such, do not require a permit if they meet the standards of Subsection B above and Subsection C(2) below. The following activities are considered Type 1 (minor) home occupations:

Artists, sculptors and composers not selling their artistic product to the public on the premises.

Craft work, such as but not limited to woodworking, jewelry-making and pottery, with no public sales permitted on the premises.

Home offices with activities that may include receipt of mail and the making and receiving of telephone calls or other routine office work done exclusively by the dwelling unit resident related to an off-site business or organization to the extent that nonresident visitors do not customarily come to the property.

Telephone answering and message services.

Tutoring.

Additional standards for Type 1 (minor) home occupations:

There shall be no exterior sign advertising the home occupation.

All persons engaged in such activities reside on the premises.

No goods or services are sold on the premises. Activities such as invoicing or receiving payments for products sold or services provided elsewhere (off-premises) is permitted.

Type 2 (major) home occupation: special use permit required.

Permitted major home occupations as defined in this chapter include activities that meet the standards in Subsection B, General standards applying to all home occupations, above but are permitted to have a limited number of employees, sell related goods and services and have client visits. The following restrictions shall apply:

A major home occupation shall be permitted to have one nonresident employee or associate. An associate shall mean a person or persons joined with others in a business enterprise.

A major home occupation may sell goods or services, except that customers shall only visit between 8:00 a.m. and 8:00 p.m.

One sign meeting the sign regulations of § 118-84 shall be permitted.

The following uses meeting the definition of a home occupation shall always be considered a Type 2 (major) home occupation and shall only be permitted in the Agriculture District (A District) due to the potential impacts of such uses on neighboring properties:

Landscaping and tree services.

Small engine repair.

Agriculture-related motor vehicle repair.

A special use permit is required for Type 2 (major) home occupations. In reviewing the special use permit application, the Planning Board shall consider the following site development characteristics and impacts:

Setback of home occupation from the right-of-way and adjacent properties.

Screening.

Method of enclosure for vehicles and equipment.

Vehicle turnaround area.

Truck traffic.

Outdoor lighting.

(g)

Parking arrangements for customer and employee parking as well as commercial vehicles related to the business.

(h)

Visual impact from the right-of-way.

Uses prohibited as home occupations. The following activities shall not be permitted as a home occupation in any district unless as otherwise stated and shall be required to be a principally permitted use in Schedule A: Permitted Uses:[1]

Commercial greenhouses.

Kennels.

Motor vehicle repair, except agriculture-related vehicles.

Religious institutions.

Restaurants and bars.

Retail sales, except those that are incidental to a product created or service provided on site.

Editor's Note: Schedule A is included as an attachment to this chapter.

Noncompliance.

Upon noncompliance with the conditions of the special use permit or the requirements of this chapter, such permit may be revoked by the Planning Board as provided in § 118-107 of Article XI, Special Use Permits, of this chapter.

§ 118-58 Horse boarding.

For all lots on which a horse will be stabled accessory to a residential use in an A or AR District, a lot shall be at least three acres for every one horse.

Commercial horse boarding.

A commercial horse-boarding establishment shall be at least seven acres in size.

Three acres per horse shall be required where a pasture is to be used for sustenance.

Three acres per five horses shall be required where feed is brought in and manure is exported out (turn-out system).

Prior to the establishment of a commercial horse-boarding operation, a plan describing how manure will either be used or removed from the farm (e.g., by landspreading, composting or periodic removal) is required.

Manure that has not been removed, composted or spread shall not be stored and shall not remain on the farm for a period in excess of one year.

The following setbacks shall be required for the following structures and uses:

Horse barns shall be set back 50 feet from any side or rear lot line.

Manure storage that has not yet been composted or spread shall be set back 150 feet from any lot line.

§ 118-59 Housing for farm workforce.

Housing for farm workers and their families on farms located in the Town of New Hartford within an Agricultural District as defined by New York State Agriculture and Markets Law shall be permitted as accessory agricultural uses with the following conditions:

Housing for farm workers shall be in the form of either dwelling units within an accessory structure on the site that shall require a building permit from the Code Enforcement Officer, or a manufactured or mobile home as defined in this chapter.

Manufactured homes as permitted in this section are exempt from the size and design standards of this chapter, except that the Code Enforcement Officer shall consider the manufactured home structurally sound and free of heating and electrical system hazards.

Housing structures shall meet the setback standards for accessory uses as described in Schedule B.[1]

Editor's Note: Schedule B is included as an attachment to this chapter.

Proof of housing occupancy in connection with the farm use shall be filed with the Code Enforcement Officer annually. The permit shall be valid for a period of one year, at which time renewal of the permit shall be required.

Farm-worker housing structures shall not be permitted to be parceled off and sold as separate residences, nor is any use other than for housing of farm workers permitted.

Farm-worker housing that has not been used for such purposes for three or more years shall be removed from the property.

§ 118-60 Kennels.

The required minimum lot size for all kennels is five acres.

All kennels with outdoor exercise pens or kennels shall be located no closer than 150 feet to any adjoining property line.

Adequate landscaping and/or fencing shall be provided to create a visual, sound, and odor buffer between such facility and adjacent properties.

Adequate provision for the storage and removal of all animal wastes shall be made. In particular, no manure storage area shall be located within 150 feet of any residence or street right-of-way.

§ 118-61 Manufactured home park (court).

All manufactured home parks constructed after the effective date of this chapter shall conform to the standards of this section.

All manufactured home parks are subject to site plan review.

Park standards.

Design team. All manufactured home parks shall be designed by a design team which shall include an architect or landscape architect and a civil engineer, all licensed by the State of New York.

Minimum size. The minimum lot size for a manufactured home park is five acres.

Park dimensional standards. Manufactured home parks shall meet the following requirements:

Minimum frontage. The manufactured home park shall have a minimum frontage of 100 feet on a public street.

Common recreation area. A minimum of 15% of the site area of the manufactured home park shall be reserved for recreation facilities to be used in common by park residents.

Setback requirements: perimeter. The minimum setback requirements for the perimeter of a manufactured home park shall be as follows:

Front yard. The minimum front yard shall be 100 feet. Each yard abutting a public street shall be considered a front yard.

Other yards. All other yards shall be a minimum of 50 feet.

Individual lot requirements within the park:

Lot size. Individual home lots shall be at least 5,000 square feet.

Lot width. Minimum lot width for each home lot shall be 50 feet.

Maximum impervious surface: 40%.

Front setback. The minimum front yard for an individual manufactured home lot shall be 20 feet from the edge of the pavement line, curb or sidewalk closest to the manufactured home.

[5]

Side yard setback. The minimum side yard for an individual manufactured home lot shall be 10 feet.

[6]

Rear yard setback. The minimum rear yard for an individual manufactured home lot shall be 15 feet.

[7]

Structure separation. The minimum separation between dwellings shall be 30 feet in any direction.

Streets. Even though these internal roads will not be offered for dedication to the Town, all private streets within a manufactured home park shall conform to the following:

Width of right-of-way: 50 feet.

Pavement width: minimum of 24 feet.

There shall be no dead end streets in any park.

A cul-de-sac shall have a maximum length of 500 feet. Each cul-de-sac shall have a turn-around area at its terminus with a minimum radius of 30 feet.

[5]

Street construction. All private streets shall have a crowned profile and shall be constructed of asphalt.

Utilities and services. The following utilities and service facilities shall be provided in each manufactured home park, which utilities and service facilities shall be in accordance with the regulations and requirements of the New York State Department of Health and the Sanitary Code of New York State.

Plans. All plans for water, sanitary sewer and storm drainage lines shall be approved by the Planning Board.

Storm drainage. All stormwater shall be collected on the site in a piped storm drainage system, unless otherwise approved by the Planning Board. Underground service connection shall be made from each manufactured home to the street gutter. Stormwater from the manufactured home park shall be piped to a public storm drain line, if available. The developer may be required to construct an off-site storm drainage system acceptable to the Planning Board.

Electricity, telephone and television cable. All electrical, telephone and television cable lines shall be located underground.

Other service buildings shall be provided as deemed necessary for the normal operation of the park; however, such buildings shall be maintained by the owner or manager of the park in a clean, sightly and sanitary condition.

(g)

Parking. Off-street parking spaces shall be required as follows: two spaces per lot or unit, whichever is greater. In addition, two spaces shall be provided for each vehicle used in connection with the facility. If no parking is provided on private streets, then two spaces must be provided for each five dwelling units for guest parking. All driveways for individual manufactured homes and off-street parking areas shall be paved with asphaltic concrete or portland cement. No parking shall occur in a perimeter yard.

(h)

Recreational vehicles. Storage areas for vehicles, including motor homes, recreation trailers, boats, boat trailers or other major recreational equipment shall not be located within 100 feet of the perimeter lot lines of a manufactured home park site. Recreational vehicle storage areas shall have a ten-foot yard between the storage area and the nearest structure. Said storage areas shall be screened from the view of adjacent structures by a sight-obscuring fence and landscaping.

(i)

Storage sheds. One storage shed shall be allowed for each manufactured home. Storage sheds shall not exceed 200 square feet of gross floor area and shall be located adjacent to and designed as an integral part of the manufactured home, deck or carport.

(j)

Landscaping. All land within a manufactured home park not paved or containing a structure shall be landscaped with grass, trees, shrubs or flowers in a manner that will enhance the residential character of the manufactured home park and surrounding neighborhood. All landscaping shall be maintained, said maintenance to include regular irrigation, mowing, removal of weeds and trimming and pruning as necessary.

(k)

Perimeter landscaping or buffering. All manufactured home park yards, except the front yard, shall have continuous, permanently maintained perimeter landscaping separating the manufactured home park from the adjacent property.

(l)

Snow removal. All snow removal on private streets within the manufactured home park shall be provided by the owner or operator of the manufactured home park.

Site plan review.

All manufactured home park developments are subject to site plan review.

Upon receipt of an application, the Code Enforcement Officer shall immediately send a copy of the application to the Oneida County Department of Health and request that it make an investigation of the proposed project for the purpose of determining if it would meet the standards required by the State Sanitary Code for temporary residences.

For site plan review and approval, the site plan review procedures of Article X, Site Plan Review, shall be followed, and in addition, the following information shall be required on the site plan:

The exact layout and dimensions of each manufactured home space.

The exact layout of all streets and driveways, their widths and the specifications of proposed construction.

COMMERCIAL-SIZE NEW OUTDOOR WOOD BOILER

The location of all required services and other improvements and facilities, such as playgrounds, swimming pools or recreation areas.

§ 118-62 Motor vehicle repair.

All repair work and storage of materials, supplies, and parts shall be located within a structure completely enclosed on all sides (not to be construed as meaning that the doors of any repair shop must be kept closed at all times).

For all overnight storage parking associated with automobile repair uses, perimeter landscaping as prescribed in § 118-81, Landscaping and screening, shall be provided to screen the parking from the public right-of-way and/or neighboring residential uses.

The maximum number of parking spaces devoted to temporary overnight storage of vehicles shall be no more than three spaces per repair bay. These spaces shall be clearly delineated on all site plan and special use permit applications.

Outside storage or parking of any disabled, wrecked or partially dismantled vehicle is not permitted for a period exceeding 30 days during any ninety-day period.

§ 118-63 Outdoor sales and displays.

Outdoor sales and displays of items accessory to a principal commercial use, permitted in the district in which such use is located, shall be permitted for up to seven days with the issuance of a temporary use permit from the Code Enforcement Officer and if the standards of this section have been met.

If outdoor sale or display items shall be proposed to be located on or adjacent to a public sidewalk, a four-foot minimum unobstructed, continuous sidewalk width shall be maintained at all times.

No outdoor sales and display of items shall be allowed in areas set aside, required or designated for driving aisles, driveways, maneuvering areas, or emergency accessways.

No outdoor sales or display areas shall be located in the sight distance triangle as defined in § 118-24I, Visibility at Street corners, or located in any manner that would restrict or limit adequate sight distance for vehicular traffic movement.

No outdoor sales and display items shall exceed a height of five feet if within 25 feet of a public right-of-way.

Any outdoor display or sale item located outdoors in a manner constituting a sign must conform to the regulations of this chapter.

§ 118-64 Outdoor storage accessory to commercial uses.

Outdoor storage shall be limited to those areas designated for employees only and made accessible to the general public by means of a fence, wall or other permanent, secured enclosure or in areas that are set back a distance of not less than 50 feet from any public entry, parking lot, pedestrian facility or similar publicly used area. If not enclosed by a fence or wall, all storage areas shall be screened from view by landscaping as required in § 118-81, Landscaping and screening.

All storage areas shall be at least 25 feet from all property lines.

Outdoor storage shall not be construed to include the storage of junk or a junkyard or any similar use.

§ 118-65 Outdoor storage accessory to residential uses.

All personal property storage areas shall be at least 20 feet from all property lines.

All storage areas shall be screened from view and fenced as required in § 118-80, Fences and walls, to prevent littering the environment.

[Amended 3-11-2015 by L.L. No. 4-2015]

Outdoor storage shall not be construed to include a junkyard, as defined this chapter, or any similar use.

Outdoor storage shall not include recreational vehicles; see § 118-67 regarding the storage of such vehicles.

The temporary storage of materials, including construction, landscaping and gardening materials such as compost, topsoil and mulch, shall be exempt.

§ 118-66 Outdoor wood boilers.

Purpose. It is the intent of this section to establish restrictions upon the construction, installation and operation of outdoor wood boilers within the limits of the Town of New Hartford for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare and prosperity of the Town and its inhabitants. It is generally recognized that the types of fuel uses and the scale and duration of the burning by such boilers create noxious and hazardous smoke, soot, fumes, odors and air pollution, can be detrimental to citizens' health, and can deprive neighboring residents of the enjoyment of their property or premises.

Definitions. In addition to the definition of "outdoor wood boiler" in Article III, Definitions and Word Usage, the following definitions shall apply:

CLEAN WOOD

Wood that has not been painted, stained, or treated with any other coatings, glues or preservatives, including, but not limited to, chromated copper arsenate, creosote, alkaline copper quaternary, copper azole or pentachlorophenol.

An outdoor wood boiler with a thermal output rating greater than 250,000 British thermal units per hour (Btu/h).

RESIDENTIAL-SIZE NEW OUTDOOR WOOD BOILER

An outdoor wood boiler that has a thermal output rating of 250,000 Btu/h or less.

Permit required. No person shall cause, allow or maintain the use of an outdoor wood boiler within the Town of New Hartford without first having obtained a permit from the Code Enforcement Officer.

Specific requirements.

The outdoor wood boiler must be installed, operated and maintained according to manufacturer's instructions. The installation must be inspected by the Code Enforcement Officer prior to the issuance of an operating permit.

The outdoor wood boiler shall only be fueled by firewood, natural untreated lumber or other fuels specifically permitted by the manufacturer.

Prohibited fuel types.

No person shall burn any of the following items in an outdoor wood boiler: wood that does not meet the definition of clean wood; unseasoned wood; garbage; tires; yard waste, including lawn clippings; materials containing plastic; materials containing rubber; waste petroleum products; paints or paint thinners; household or laboratory chemicals; coal; paper, except that nonglossy, noncolored papers may be used to start an outdoor wood boiler; construction and demolition debris; plywood; particleboard; fiberboard; oriented strand board; manure; animal carcasses; and asphalt products.

No person shall cause or allow emissions of air contaminants from an outdoor wood boiler to the outdoor atmosphere of a quantity, characteristic or duration which is injurious to human, plant or animal life or to property, or which unreasonably interferes with the comfortable enjoyment of life or property. This prohibition applies, but is not limited to, the following conditions:

Activating smoke detectors in neighboring structures;

Impairing visibility on a public highway; or

Causing a visible plume migrating from an outdoor wood boiler and contacting a building on an adjacent property.

The prohibition further applies to any particulate, fume, gas, mist, odor, smoke, vapor, toxic or deleterious emission, either alone or in combination with others, emitted from an outdoor wood boiler, that results in the conditions or circumstances listed in this subsection, notwithstanding the existence of specific air quality standards or emission limits.

The outdoor wood boiler must be equipped with a properly functioning spark arrestor.

Setbacks.

Residential-size outdoor wood boilers.

Outdoor wood boilers shall be located in a rear yard with a minimum setback of 50 feet from any residential unit.

The outdoor wood boilers shall be set back a minimum of 200 feet from any adjacent property line.

Commercial-size outdoor wood boilers.

The outdoor wood boiler shall be set back a minimum of 200 feet from the nearest property boundary line.

The outdoor wood boiler shall be set back a minimum of 300 feet from a property boundary line of a residentially zoned property.

The outdoor wood boiler shall be set back a minimum of 1,000 feet from a school, public recreational use or park.

Stack height of chimney.

The minimum height of any chimney must be at least 18 feet above the ground.

When an outdoor wood boiler is located within 150 feet of a structure, the stack shall be at least two feet higher than the roof peak of the structure.

Existing outdoor wood boilers on the effective date of this chapter are not to be extended or enlarged.

Any outdoor wood boiler damaged by natural causes by more than 75% of its value shall not be repaired or rebuilt.

Suspension of permit. A permit issued pursuant to this chapter may be suspended as the Town Code Enforcement Officer may determine to be necessary to protect the public health, safety and welfare of the residents of the Town of New Hartford if any of the following conditions occur:

A violation cited by the New York State Department of Environmental Conservation.

Malodorous air contaminants from the outdoor wood boiler are detectable outside the property of the person on whose land the outdoor wood boiler is located.

The emissions from the outdoor wood boiler interfere with the reasonable enjoyment of life or property, cause damage to vegetation or property, and/or are or may be harmful to human or animal health.

A suspended permit may be reinstated once the condition which resulted in suspension is remedied and reasonable assurances are given that such condition will not recur. Recurrence of a condition which has previously resulted in suspension of a permit shall be considered a violation of this chapter.

Effect of other regulations. Nothing contained herein shall authorize or allow burning which is prohibited by codes, laws, rules or regulations promulgated by the United States Environmental Protection Agency, New York State Department of Environmental Conservation, or any other federal, state, regional or local agency. Outdoor boilers and any electrical, plumbing or other apparatus or device used in connection with an outdoor wood boiler shall be installed, operated and maintained in conformity with the manufacturer's specifications and any and all local, state and federal codes, laws, rules and regulations. In case of a conflict between any provision of this chapter and any applicable federal, state or local laws, laws, codes, rules or regulations, the more restrictive or stringent provision or requirement shall prevail.

§ 118-67 Parking and storage of commercial and recreational vehicles, boats and other motor vehicles.

Within the A, RA, LDR, MDR and HDR Districts, the following applies to commercial and/or recreational vehicles, boats and other motor vehicles:

All recreational vehicles and boats shall be registered, inspected and operable.

All recreational vehicles and boats shall be parked on the rear or side yard on a prepared surface.

Recreational vehicles and travel trailers shall not be used as housing, temporary or otherwise, in the Town of New Hartford, with the following exceptions:

When located in a campground or recreational vehicle park.

In the Agricultural District (A District), a recreational vehicle may be utilized as temporary housing for one week within a calendar year for residential purposes.

Within the A, RA and LDR, MDR and HDR Districts, the tractor portion of a tractor trailer, semi-truck or eighteen-wheeler that is registered, inspected and operable shall be permitted to be parked in the rear or side yard on a prepared surface.

§ 118-68 Portable storage containers.

A portable storage container may be temporarily located on a lot of record as part of temporary storage solution with the issuance of a temporary use permit from the Code Enforcement Officer. Portable storage containers shall not include dumpsters, tractor-trailers or other vessels with other traditional uses.

In an A, RA, LDR, MDR and HDR District, one mobile storage trailer or container shall be allowed with the issuance of a building permit. Building permits are required and renewable on a triennial basis but for no more than one year. The trailer or container shall not be placed in any front yard unless the rear or side yards are not accessible.

Mixed use and commercial use zones.

One mobile storage trailer or container shall be allowed for a period not to exceed two months. The storage unit shall be removed promptly, and not more than three building permits may be issued in any year. The unit shall be placed in a rear or side yard only.

Storage trailers and/or containers located in an M Zone shall be exempt from all of the above.

§ 118-69 Raising of livestock; animal husbandry.

A minimum lot size of three acres shall be required, and the property shall be located in an A or RA Zone.

[Amended 6-14-2017 by L.L. No. 3-2017]

The building or structure used for the stabling or keeping of livestock shall be located at least 50 feet from any property line.

Manure storage that has not yet been composted or spread shall be set back 150 feet from any lot line.

§ 118-70 Roadside stands or farm stands.

A temporary use permit shall be acquired from the Code Enforcement Officer.

The stand shall not utilize a permanent roadside structure.

The stand shall be set back a minimum of 10 feet from the public right-of-way.

Two temporary, seasonal signs with a maximum of 16 square feet in size for each sign shall be permitted; however, such sign shall be located at least 10 feet from the public right-of-way.

Safe ingress and egress from the farm or roadside stand shall be required, including the provision of adequate pull-off areas and parking for at least three vehicles.

§ 118-71 Satellite dish antennas.

Dish antennas greater than 30 inches in diameter.

No more than two dish antennas shall be erected, constructed, installed or maintained on a single lot or premises, except that one dish per dwelling unit shall be permitted for multi-family uses.

All dish antennas shall be affixed directly to the ground.

No dish antenna shall be located on any trailer or portable device.

No dish antenna over 30 inches in diameter shall be connected to or placed upon any roof, building or part thereof; however, if no other site is available for reason(s) of accessibility, reception or code requirements, said dish antenna may be connected to or placed upon any roof, building or part thereof upon a licensed engineer's certification of said antenna's structural soundness.

Dish antennas shall, to the extent possible, be located in rear yards. When a rear yard is not accessible, does not get reception or does not meet building specifications and a side yard meets the Uniform Fire Prevention and Building Code, a dish antenna may be located there. If said side yard borders on a street, a screen of foliage shall be provided so as to shield said satellite antenna from the street and adjoining properties during the entire year.

Every effort shall be made to provide that the color of the satellite dish and screening materials shall be in solid earth tones so as to reduce or eliminate aesthetic concerns of the adjoining properties insofar as possible, and said color tones shall be maintained in such character during the usage of said satellite antenna. The colors shall be solid and in black, brown, green, beige, or similar muted colors, including solid mesh construction.

A dish antenna shall not at any point, nor shall any part of the antenna, including any platform or structure upon which it is mounted or affixed, be elevated to or reach a height of more than 10 feet above the natural grade of the subject premises. In no event shall the natural grade be changed by any means in order to increase the elevation of the dish antenna.

§ 118-72 Commercial sawmills.

All elements of the sawmill, including storage area for logs and sawn lumber; bark, sawdust and other waste materials; buildings; and equipment areas, shall be screened by existing landforms and/or vegetation from the direct view of abutting residential properties and public rights-of-way.

All buildings or other structures and all equipment or storage associated with the sawmill shall be located not less than 100 feet from any property line, nor less than 300 feet from any neighboring dwelling.

No storage area for logs, sawn lumber or waste materials shall be located within 100 feet of any stream, other water body or well providing a source of potable water.

§ 118-73 Self-storage unit facilities.

Standards for self-storage facilities.

Only "dead" storage activities are permitted. Retail activities, storefronts and office activities shall be prohibited, except that one office for the operation of the self-storage facility and limited retail sales of products and supplies incidental to the principal use shall be permitted within the office area.

Only auctions or lien sales directly related to the sale of repossessed items retrieved from the self-storage unit property on which the auction or lien sale is located shall be permitted with a temporary permit from the Code Enforcement Officer. Up to two auctions or lien sales shall be permitted in a calendar year.

The following activities are prohibited: activities similar to garage sales; flea markets; hobby shops; service and repair of motor vehicles, boats, trailers, lawn mowers, appliances and other similar equipment; the operation of power tools, spray painting equipment, kilns, table saws, compressors, welding equipment or other similar equipment storage, including cars or other property that have internal combustion engines; the establishment of transfer storage businesses; and any use that is noxious or offensive because of odors, dust, noise, fumes or vibrations, but nothing herein shall prevent the enforcement of the provisions of the New York State Lien Law. Outside storage shall be prohibited. None of the aforementioned conditions shall restrict the facility owner from performing maintenance of the facility.

Minimum lot size shall be two acres, and maximum lot size shall be five acres.

Setbacks. The minimum front, side and rear yard setbacks shall be 120 feet.

Self-storage facilities shall have a maximum storage capacity of 40,000 feet.

Circulation drives and aisles shall be a minimum of 12 feet in width for one-way circulations and 24 feet in width and all corners shall provide a fifty-foot turning radius to provide adequate access for firefighting vehicles. The lanes shall be surfaced with asphalt or some other hard-packed material capable of sustaining the weight of fire equipment. All interior travel lanes shall be posted to prohibit parking.

Landscaping and security.

Landscaping shall meet the perimeter landscaping requirements of § 118-81 and must be provided along all lot lines in a manner which will largely obscure the use and its operation when viewed from the ground level.

Any fencing for security or aesthetic purposes is required and shall be approved by the Planning Board as to material, height and color.

Site lighting shall be provided but shall be shielded from direct light or glare onto established uses and away from adjacent property, but it may be of sufficient intensity to discourage vandalism and theft. However, access and lighting shall not be permitted on a side facing a residential area, unless a sufficiently high landscaped berm or buffer area can be provided to completely shield the building and lighting from residences.

No loading docks or permanent material-handling equipment shall be permitted.

If the self-storage facility is built as an accessory building to an existing commercial business and is contained on the same property as the existing commercial business, the self-storage facility shall in all respects comply with the terms of this section. The minimum and maximum dimensions referred to above shall, in such cases, be measured around the perimeter of the security fence.

No self-storage facility shall be located within 5,000 feet of another self-storage facility.

Standards for self-storage units.

The unit shall be no more than one story and a maximum of 20 feet in height.

No building shall exceed 150 feet in length.

The buildings must be constructed on a permanent foundation, and the buildings must conform to the requirements of the New York State Uniform Fire Prevention and Building Code.

FLUSH-MOUNTED SOLAR PANELS/COLLECTORS

Buildings shall be oriented so as to reduce the visual impact on adjacent properties and existing roadways.

§ 118-74 Solar energy systems.

[Amended 12-13-2017 by L.L. No. 8-2017; 2-9-2022 by L.L. No. 1-2022]

Purpose. The use of solar energy systems/collectors, storage facilities, and distribution components for space heating and cooling, the heating of water, use in industrial, commercial or agricultural processes and to otherwise generate electricity are recognized as a renewable and nonpolluting energy resource. The purpose of this section is to promote the accommodation of solar energy systems and equipment and the provision for adequate sunlight and convenience of access necessary therefor, and to balance the potential impact on neighbors when solar collectors may be installed near their property while preserving the rights of property owners to install solar energy systems without excess regulation. This section is not intended to override agricultural exemptions that are currently in place.

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

Photovoltaic panels and tiles that are installed flush to the surface of a roof and which cannot be angled or raised

FREESTANDING OR GROUND-MOUNTED SOLAR ENERGY SYSTEM/COLLECTORS

A solar energy system that is directly installed in the ground and is not attached or affixed to an existing structure.

LARGE-SCALE SOLAR ENERGY SYSTEM/COLLECTORS

Refers to any solar thermal or solar photovoltaic system which is not a small-scale solar energy system/collector.

NET METERING

A billing arrangement that allows solar customers to get credit for excess electricity generated and delivered to the grid.

ROOFTOP-MOUNTED or BUILDING-MOUNTED

A solar power energy system/collectors in which solar panels are mounted on top of the structure of a roof either as a flush-mounted system or modules fixed to frames. Said panels shall be limited to the roof area.

SMALL-SCALE SOLAR ENERGY SYSTEM/COLLECTORS

Refers to solar photovoltaic systems rated up to 25 kilowatts (kW) of energy or solar thermal systems which serve the building to which they are attached.

SOLAR COLLECTOR

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

Applicability.

This section applies to all types of solar energy systems/collectors that are modified or installed after the effective date of this chapter, unless a building permit was properly issued prior to the effective date of this chapter.

All solar energy systems/collectors shall be designed, erected and installed in accordance with all applicable codes, regulations and standards, including NYSERDA.

Solar energy systems/collectors shall be permitted a) to provide power or hot water for use by owners, lessees, tenants, residents or other occupants of the premises on which they are erected and as an accessory use, and b) for the purpose generating electricity to be utilized in connection with a net billing or net metering arrangement in accordance with New York Public Service Law § 66-j, or similar state or federal statutes. Nothing herein shall restrict the Town of New Hartford from entering into an agreement with a private provider to generate electricity to benefit the residents of the Town of New Hartford.

Permitting.

Rooftop- and building-mounted small-scale solar energy systems/collectors shall be permitted as of right in all zoning districts with issuance of a building permit and located on an existing structure. Applicants must provide the dimensions of all panels; their height and angle from horizontal; detail of materials; location of roof drains; and engineer's verification that the roof structure can handle the load, including any additional drifting snow, as well as any additional items requested by the Codes Officer.

Freestanding or ground-mounted solar energy systems only on lots greater than five acres in size.

Small-scale solar energy systems/collectors which are freestanding or ground-mounted solar energy systems shall be permitted in all zoning districts and shall require a special permit review from the Town of New Hartford Planning Board and may be subject to additional requirements as prescribed in this section. Large-scale solar energy systems/collectors which are freestanding or ground-mounted solar energy systems shall be permitted in those zoning districts which are designated by the New Hartford Town Board and shall require a special permit review from the Town of New Hartford Planning Board and may be subject to additional requirements as prescribed in this section. Once the special permit is granted, a building permit shall be required. Initially, the Town of New Hartford designates the Town property on Middle Settlement Road from Commercial Drive to Clinton Road and Town-owned lands adjacent to Sherrillbrook Park, Route 12, as locations for such large-scale solar energy systems/collectors for a freestanding or ground-mounted system. Free standing or ground-mounted systems shall not be permitted in residential districts.

Upon receipt of a complete special permit application including the application fee of $5,000 (in consideration of the extensive review process for such special use permit), the Code Enforcement Officer shall submit a copy of the application to the Planning Board for review at the next Planning Board meeting. The Planning Board may condition its approval of any freestanding or ground-mounted solar energy systems on such factors as it may reasonably determine from time to time and in accordance with the Town's Comprehensive Plan, provided that such conditions shall not be of such degree or scale so as to either be physically/logistically impractical or otherwise render the proposed use economically unviable.

[Amended 1-4-2023 by L.L. No. 1-2023]

The Planning Board shall review the application and provide a recommendation for approval, disapproval or approval with conditions within 45 days of receipt of the application.

Reasonable costs incurred by the Planning Board for private consultation fees or other expenses in connection with the review of a proposed site plan shall be charged to the applicant. Such reimbursable costs shall be in addition to the fees required in § 118-140, Fees.

Additional accessory use development standards.

Solar energy systems/collectors and equipment shall be permitted only if they are determined by the Town of New Hartford not to present any unreasonable safety risks, including, but not limited to, the following:

Weight load.

Wind resistance.

Ingress and egress in the event of fire or other emergency.

Maximum height measured to the highest point shall not exceed 20 feet.

All such systems be installed by contractors certified by the North American Board of Certified Energy Practice. Further, the applicant shall provide detailed plans setting forth the locations of all trees that may have to be topped or removed.

For purposes of this chapter, freestanding or ground-mounted energy systems are special permit uses in all allowed districts and shall require the issuance of a building permit. They shall be exempt from being counted toward the maximum number of accessory structures and square footage of accessory structures.

All freestanding or ground-mounted energy systems/collectors shall be located at least 75 feet from the side and rear lot lines measured from the corresponding side of the solar panel. In no case shall small-scale solar energy systems/collectors be installed in a front yard. Such systems will not be allowed on lots less than five acres in size.

Additional requirements and criteria to be provided by the applicant.

A line-of-sight profile analysis.

A computer-generated model of visual impacts on viewpoints noted in § 280-40U(3)(a)[1], including photo simulations of summer and winter conditions, and before and after simulations of proposed landscaping and buffer.

Equipment. All electrical and control equipment shall be labeled and secured to prevent unauthorized access as required by the National Electrical Code and NYS Uniform Fire Prevention and Building Code and New York Electric Safety Code.

Signs. Warning signage shall be placed on solar equipment to the extent appropriate. Solar equipment shall not be used for displaying any advertising. All signs, flags, streamers or similar items, both temporary and permanent, are prohibited on solar equipment, except:

Manufacturer's or installer's identification;

Appropriate warning signs and placards;

Signs that may be required by a federal agency; and

Signs that provide a twenty-four-hour emergency contact phone number and warning of any danger.

Landscaping management plan. A plan shall specify how the owners and operators will implement, maintain and replace, if necessary, the approved landscaping plan and screening methods.

Glare. Solar panels shall be placed and arranged such that reflected solar radiation or glare shall not be directed onto adjacent buildings, properties or roadways. Exterior surfaces of roof-mounted collectors and related equipment shall have a nonreflective finish and shall be color-coordinated to harmonize with roof materials and other dominant colors of the structure. The applicant shall demonstrate that any glare produced does not have significant adverse impact on neighboring properties or roadways.

(g)

Preservation. Existing on-site vegetation shall be preserved to the maximum extent practicable. The removal of existing noninvasive trees greater than six inches in diameter shall be minimized to the greatest extent possible. Any herbicides shall be used to a minimal extent. Clear-cutting of all native and noninvasive trees in a single contiguous area exceeding 20,000 square feet shall be prohibited, except for agricultural and farm management practices as shown in a submitted arborist's report.

(h)

Height. Ground-mounted arrays shall not exceed 20 feet in height when oriented at maximum tilt.

(i)

Lot coverage. A major solar energy system shall not exceed 60% lot coverage. "Lot coverage" shall be defined as the area measured from the outer edge(s) of the arrays, inverters, batteries, storage cells and all other mechanical equipment used to create solar energy, exclusive of fencing and roadways.

(j)

Site disturbance. Site disturbance, including, but not limited to, grading, soil removal, excavation, soil compaction, and tree removal shall be minimized to the maximum extent practicable. The siting of a solar energy system shall take advantage of natural topography and vegetative screening. The facility should be located at a lower elevation on the property if practicable. Forested sites shall not be deforested to construct a solar energy facility.

(k)

Site operation and maintenance plan: aplan showing continued photovoltaic maintenance and property upkeep, such as mowing and trimming. Washing additives shall be nontoxic and biodegradable.

(l)

Stormwater pollution prevention plan (SWPPP): an SWPPP prepared to NYS Department of Environmental Conservation standards, if applicable, and to such standards as may be established by the Town.

(m)

Noise. Substations and inverters shall be located so to provide for no discernible difference from existing noise levels at the property line.

(n)

Setbacks. Any structure and equipment for a major solar energy facility shall be located an additional 100 feet from the minimum setback requirements for a principal structure under § 280-24, and shall be located at least 200 feet from an adjacent residential dwelling unit. The Zoning Board or Planning Board may require further setbacks to provide an adequate buffer and eliminate noise impacts.

(o)

Fencing. Perimeter fencing shall allow for the movement of small wildlife by using fixed-knot woven wire or other wildlife-friendly fencing. Barbed wire fencing is prohibited. Fencing for mechanical equipment, including a structure for storage batteries, may be seven feet high, as required by the National Electrical Code, with a self-locking gate to prevent unauthorized access.

(p)

Utility connections. Utility lines and connections for a solar energy system shall be installed underground, unless otherwise determined by the Zoning Board for reasons that may include poor soil conditions, topography of the site, and consideration of the utility provider's engineering requirements. Electrical transformers for utility interconnections may be aboveground if required by the utility provider.

(q)

Access and parking. A road and parking shall be provided to assure adequate emergency and service access. Maximum use of existing roads, public or private, shall be made.

Safety. A solar energy system shall be certified under the National Electrical Code and NYS Uniform Fire Prevention and Building Code and New York Electric Safety Code as required, and shall be maintained in good working order and in accordance with industry standards. Site access shall be maintained, including snow removal, at a level acceptable to the local fire department. Storage batteries shall meet the requirements of the NYS Uniform Fire Prevention and Building Code and, when no longer used, shall be disposed of in accordance with the laws and regulations of the Town and any applicable federal, state, or county laws or regulations.

Financial surety.

Prior to the issuance of a building permit and for each year thereafter, the major solar energy system owner and/or landowner shall file with the Codes Officer evidence of financial security to provide for the cost of decommissioning and removing the solar energy system and restoring the site, including, but not limited to, legal fees, court costs, and expenses, in the event the system is not removed by the system owner and/or landowner. Evidence of financial security shall be in effect throughout the life of the system and shall be in the form of an irrevocable letter of credit, surety bond, or other security acceptable to the Town Board. The financial security shall include an auto-extension provision, be nonterminable, and issued by an A-rated institution solely for the benefit of the Town. The Town shall be entitled to draw on the financial security in the event that the major energy system's owner and/or landowner is unable or unwilling to commence decommissioning activities within the time periods specified herein. No other parties, including the owner and/or landowner, shall have the ability to demand payment under the letter of credit or surety bond. Upon completion of decommissioning, the owner and/or landowner may petition the Town Board to terminate the letter of credit or surety bond. In the event ownership of the system is transferred to another party, the new owner (transferee) shall file evidence of financial security with the Town at the time of transfer, and every year thereafter, as provided herein.

Amount. The amount of the financial security shall be determined by the Codes Officer after consulting with the Town-designated engineer regarding costs of decommissioning, removal and restoration and with the Town Attorney regarding legal fees, court costs, and expenses. The amount of the financial security may be adjusted by the Codes Officer upon receipt of updated cost estimates for decommissioning, removal and restoration, and legal fees, court costs, and expenses.

Annual report. The major solar energy system owner shall, on a yearly basis, provide the Codes Officer a report showing the rated capacity of the system and the amount of electricity that was generated by the system and transmitted to the grid over the most recent twelve-month period. The report shall also identify any change in ownership of the major solar energy system and/or the land upon which the system is located and shall identify any change in the party responsible for decommissioning and removal of the system upon its abandonment. The annual report shall be submitted no later than 45 days after the end of the calendar year. Every year, to coincide with the filing of evidence of financial security, the annual report shall also include a recalculation of the estimated full cost of decommissioning and removal of the major solar energy system. The Codes Officer may require an adjustment in the amount of the surety to reflect any changes in the estimated cost of decommissioning and removal. Failure to submit a report as required herein shall be considered a violation subject to the penalties of § 118-24 of this chapter.

Ownership changes. If the owner or operator of the solar energy system or the owner of the property changes, the special use permit shall remain in effect, provided that the successor owner or operator assumes, in writing, all of the obligations of the special use permit, site plan approval, and decommissioning plan. A new owner or operator of the solar energy system shall notify the Codes Officer within 30 days of the ownership change.

(9)

Decommissioning and removal.

A major solar energy system that fails to generate and transmit electricity at a rate of more than 10% of its rated capacity over a period of 12 consecutive months shall be deemed to be abandoned. The Town Board may, after holding a public hearing on notice to the owner and operator of the system and site owner, determine that the system shall be decommissioned on an approved time schedule. The decommissioning and removal of a major solar energy system shall consist of:

Physical removal of the major solar energy system from the lot, to include, but not be limited to, all aboveground and below-ground equipment, structures and foundations, fences, electric transmission lines and components, roadways and other physical improvements to the site;

Restoration of the ground surface and soils to their preinstalled condition, including grading and vegetative stabilization to eliminate any negative impacts to surrounding properties;

Disposal of all solid and hazardous waste in accordance with local, state and federal waste disposal regulations, and certification of proper removal and disposal as required by the NYS Department of Environmental Conservation or other government agency;

Stabilization and revegetation of the site with native seed mixes and/or plant species (excluding invasive species) to minimize erosion.

Decommissioning and removal by the Town. If the major solar energy system owner and/or landowner fail to decommission and remove an abandoned facility in accordance with the requirements of this section, the Town may enter upon the property to decommission and remove the system.

Procedure.

[a]

Upon a determination by the Town Board that a major solar energy system has been abandoned, the Codes Officer shall notify the system owner and operator and property owner by certified mail: a) in the case of a facility under construction, to complete construction and installation of the facility within 180 days; or b) in the case of a fully constructed facility that is operating at a rate of less than 10% of its rated capacity, to restore operation of the facility to no less than 80% of rated capacity within 180 days, or the Town will deem the system abandoned and commence action to revoke the special use permit and require removal of the system.

[b]

Being so notified, if the system owner, landowner and/or permittee fail to perform as directed by the Codes Officer within the 180-day period, the Codes Officer shall notify the system owner, landowner and permittee, by certified mail, that the major solar energy system has been deemed abandoned and the Town intends to revoke the special use permit within 60 days of mailing the notice. The notice shall also state that the permittee may appeal the Codes Officer's determination of abandonment to the Zoning Board and request a public hearing.

[c]

The appeal and request for hearing shall be made and received by the Codes Officer within 20 days of mailing notice. Failure by the permittee to submit an appeal and request for hearing within the twenty-day period shall result in the special use permit being deemed revoked as stated herein. In the event the permittee appeals the determination of the Codes Officer and requests a hearing, the Zoning Board shall schedule and conduct the hearing within 60 days of receiving the appeal and request. In the event a hearing is held, the Zoning Board shall determine whether the major solar energy system has been abandoned, whether to continue the special use permit with conditions as may be appropriate to the facts and circumstances presented to the Zoning Board, or whether to revoke the permit and order removal of the major solar energy system.

[d]

Upon a determination by the Codes Officer or Zoning Board that a special use permit has been revoked, the decommissioning plan must be implemented and the system removed within one year of having been deemed abandoned or the Town may cause the removal at the owner and/or landowner's expense. If the owner and/or landowner fail to fully implement the decommissioning plan within one year of abandonment, the Town may collect the required surety and use said funds to implement the decommissioning plan.