No fish fry, hot dog, roadside or barbecue stands shall be constructed, reconstructed, erected, built or used in any use district except upon the submission of plans and specifications thereof to the Zoning Board of Appeals and upon written approval thereof by said Zoning Board of Appeals, subject to such conditions, restrictions and safeguards as may be deemed appropriate by said Zoning Board of Appeals.
Where a building line has already been established in any use district, new construction shall follow the building line, which shall be the average of lines of buildings within 200 feet of either side.
Dumps of rubbish and other waste shall be permitted only on lands designated as dumps on the Zoning Map. Dumping on other lands in the Town may be permitted upon special approval of the Zoning Board of Appeals and upon such conditions as said Zoning Board of Appeals may impose in the interest of public safety, health and welfare.
[Added 5-5-1997 by L.L. No. 3-1997; amended 7-7-1997 by L.L. No. 4-1997; 4-8-2002 by L.L. No. 1-2002]
A. 
Upon receipt of site plan approval as set forth herein, house trailers may be allowed for the following purposes and under the following circumstances:
(1) 
As temporary housing for a farmhand and his immediate family, provided that the farmhand is employed full time on the farm, the house trailer is located on said farm property and the farm is actively engaged in agricultural pursuits yielding a gross annual income of not less than $100,000.
(2) 
As temporary housing for the owner and his immediate family while he rebuilds on a lot which contains a single-family home which has been destroyed or rendered uninhabitable by fire, flood or other natural disaster.
(3) 
As temporary housing for the owner and his immediate family while constructing a new residence on the lot. Said house trailer shall be allowed for not more than one-year during actual construction. A second year may be allowed by the Zoning Board of Appeals upon good cause shown.
[Added 11-14-2023 by L.L. No. 6-2023]
A. 
Purpose and intent. The purpose and intent of this section is to establish the means to secure the health, safety, and welfare of property owners, residents, and the public regarding the operation of short-term rental businesses.
B. 
Definitions. As used in this section, the following words shall have the meanings indicated:
AMENITY
A feature in addition to a dwelling including, but not limited to, pools, party rooms, gyms, decks, hot tubs, decks, and barns.
DWELLING
As defined in § 165-2, Definitions and word usage.
RENTAL
Granting use or possession of a dwelling in whole or part to a person or group in exchange for some form of valuable consideration.
SHORT-TERM RENTAL DWELLING
A dwelling, which may or may not be inhabited by the owner of record or their immediate family, that is rented, in whole or in part, for a period of less than 30 consecutive days to any person or entity, but not including a hotel, motel, inn, campground or bed-and-breakfast, as excluded from the definition of "dwelling" in § 165.2 of the Town Zoning Code.
SHORT-TERM RENTAL OWNER (Owner)
All entities having an ownership interest in a short-term rental dwelling that is used as a short-term rental.
SHORT-TERM RENTAL PROPERTY (Property)
The entire area under ownership or control of the short-term rental owner, including, as applicable, the parcel of land on which a short-term rental is located, together with the dwelling which is located thereon and any other structures or amenities on the parcel. This may also include common/jointly owned parcels as defined in the short-term rental property deed.
C. 
Permit required.
(1) 
Whenever a property is to be used as a short-term rental, the owner shall obtain a revocable short-term rental permit from the Town of Pompey.
(2) 
A short-term rental permit shall be obtained prior to use of the property as a short-term rental. The Town Board shall set the cost and duration of the permit from time to time by resolution.
(3) 
A short-term rental permit is valid for a period of three years and, upon expiration, must be renewed in order to continue operation.
(4) 
Short-term rental permits are nontransferable. If a property is sold or otherwise transferred, and at any time that the new owner plans to utilize the property as a short-term rental, the new owner must apply for and obtain a new short-term rental permit within 60 days of the planned date of rental.
(5) 
Issuance of a short-term rental permit is a privilege, not a right. Permits shall be limited to 40 total Town parcels. From time to time, the Town Board may adjust the number of permits based upon changes in the total number of Town parcels, the impact on the availability of long-term rental housing in the Town, the overall demand for short-term rentals and any other factor that the Board deems relevant and significant.
(6) 
Failure to obtain a short-term rental permit prior to operation constitutes a violation of this section and is subject to the enforcement/penalties provisions of § 165-47 herein.
D. 
Permit application requirements. An application for a short-term rental permit shall be submitted to the Town of Pompey Code Enforcement Office in accordance with the following provisions:
(1) 
An application shall be submitted using a form entitled "Short-Term Rental Permit Application" provided by the Town of Pompey;
(2) 
The application shall be signed by all persons and entities that have an ownership interest in the property; and
(3) 
The application shall be accompanied by:
(a) 
A copy of the vesting deed or other document showing how title to the property is held. A list of the short-term rental owners, including names, addresses, telephone numbers, and email addresses.
(b) 
If the owner(s) of the property does not occupy the property, the name, address, phone number, and email address of a local contact for the property who can be reached and timely respond to situations that might arise on the property.
(c) 
Proof of a satisfactory fire inspection of the property conducted by the Town of Pompey Code Office or other qualified fire inspector within the 60 days immediately preceding the permit application date and which proof sets forth the maximum occupancy for the short-term rental dwelling.
(d) 
A site plan of the property (not required to be professionally drawn) that shows the location of the dwelling and any other structures or amenities on the property, a layout of the dwelling interior, the square footage of the dwelling, means of egress from the dwelling, and off-street parking spaces.
(e) 
Payment of the short-term rental permit fee as set by resolution of the Town Board.
E. 
Application procedures.
(1) 
Within 30 days of filing a short-term rental permit application with the Code Enforcement Office, including all documents required by this section, a permit shall be either issued or denied, accompanied by an explanation in the case of a denial.
(2) 
In issuing a short-term rental permit, the Code Office may set reasonable conditions that are directly related to the use of the property as a short-term rental. Such conditions shall be consistent with the requirements of the Town Code and this section and shall be imposed for the purpose of maintaining safety and minimizing any adverse impact the proposed short-term rental property may have on the community and neighborhood.
F. 
Short-term rental requirements. Short-term rentals shall comply with the following requirements:
(1) 
Properties shall not be rented to more than two persons per bedroom plus two persons, and in no event shall occupancy exceed the maximum occupancy load as determined pursuant to the fire inspection referenced in Subsection D(3)(c) above.
(2) 
Properties shall provide off-street parking with at least one space per number of bedrooms in the dwelling.
(3) 
Owners shall have written rules and regulations for the property to ensure public health, safety, and general welfare and to promote a clean, wholesome, and attractive environment for the owner's property, adjacent property owners, and the neighborhood. At a minimum, rules should address curfew, noise, parties, parking limits, and trash disposal. See addendum for sample rules.[1]
[1]
Editor's Note: Said addendum is on file in the Town offices.
(4) 
Owners must provide all property owners within 200 feet of the short-term rental property with a copy of their signed short-term rental permit. A list of such property owners is available from the Town Clerk's Office.
(5) 
Owners are responsible for adhering to the Southern Onondaga Trash System (SOTS) collection schedule, if applicable. If not applicable, owners are required to show proof of a contract with a waste disposal company for regularly scheduled trash collection.
(6) 
Owners must post a copy of the current short-term rental permit and owner rules and regulations in a conspicuous location inside the entry of the dwelling whenever it is rented.
(7) 
Owners must have an E911 house number visible from the street or road.
(8) 
Owners must provide the Town of Pompey Code Office with timely updates to the information originally supplied at time of application.
G. 
Enforcement and penalties. A violations of any of the provisions of this section shall be subject to the enforcement and penalty provisions of § 165-47 herein, as amended from time to time.
H. 
Severability. The invalidity of any clause, sentence, paragraph or provision of this section shall not invalidate any other clause, sentence, paragraph, or part thereof.
I. 
Effective date. This section shall take effect immediately upon filing with the New York Department of State.
[Added 5-3-2010 by L.L. No. 1-2010]
A. 
Authority. The Town Board of the Town of Pompey enacts this section under the authority granted by:
(1) 
Article IX of the New York State Constitution;
(2) 
New York Statute of Local Governments;
(3) 
New York Municipal Home Rule Law; and
(4) 
New York Town Law, including, but not limited to, those sections pertaining to the Building Code, Electrical Code, fire prevention, use of streets and highways, locations of driveways, peace, good order and safety, promotion of public welfare, excavated lands, unsafe buildings, trespass, building placement, protection of aesthetic interests, and general powers.
B. 
Purpose. The Town Board of the Town of Pompey adopts this section for the following purposes:
(1) 
By adopting this section, it is the Town Board's intention to promote the effective and efficient use of small wind energy conversion systems (small WECS) and to regulate the placement of small WECS so that the public health, safety, natural resources and aesthetics of the Town will not be jeopardized.
(2) 
This section covers only small WECS, whether they are building-mounted, building-supported, or freestanding, or on-grid or off-grid facilities that are fundamentally constructed for the purpose of single-family residential or agricultural usage. Horizontal or vertical axis wind turbines may be used. This section does not address commercial WECS. (See Schedule Limiting the Use of Buildings and Land, Town of Pompey Zoning Law.[2])
[2]
Editor's Note: Said schedule is included at the end of this chapter.
(3) 
Small WECS that have been operating, permitted or approved by the Town of Pompey Zoning Board of Appeals prior to the adoption of this section are only subject to the provisions relating to nuisance prevention and operation. See Subsections H and I contained herein. Such small WECS systems are exempt from all other provisions of this section unless the system is modified after the adoption of this section and said modification relates to any of the standards set forth herein.
C. 
Findings. The Town Board of the Town of Pompey finds and declares that:
(1) 
Wind energy is an abundant, renewable and nonpolluting energy resource of the Town, and its conversion to electricity will reduce our dependence on nonrenewable energy sources, which, in turn, will decrease air and water pollution resulting from the use of conventional energy sources.
(2) 
The generation of electricity from properly sited wind turbines can be cost effective, and, in many cases, existing power distribution systems can be used to transmit electricity from wind-generating stations to utilities.
(3) 
Regulations on the siting and installation of wind turbines are necessary to protect the health and safety of neighboring property owners and the general public and to preserve the natural resources and aesthetics of the community.
(4) 
If not properly sited, small WECS can present potentially significant and aesthetic impacts. The aesthetics of the community is a key issue and must play a significant role in the siting of proposed facilities. Town landowners are encouraged to engage adjacent property owners in the siting of proposed facilities.
(5) 
If not properly sited, small WECS may present a risk to bird and bat populations.
(6) 
If not properly sited, small WECS may present risks to the property values of adjoining property owners.
(7) 
Small WECS may constitute a source of noise which may be disruptive to the public.
D. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BUILDING
A structure having a roof supported by columns or walls and intended for the shelter or enclosure of persons, animals or chattels.
BUILDING-MOUNTED OR BUILDING-SUPPORTED WECS
Any WECS unit mounted on a house or accessory building.
HORIZONTALLY-MOUNTED SMALL WECS
Also known as "horizontal axis wind turbines" (HAWTs); a wind turbine that has the main rotor shaft arranged horizontally.
INVENTORIED RESOURCE
Parcels of land or aesthetic resources that are of local or statewide significance, such as state parks, lakes, forests, historic places listed on the national or state historic places list, and areas designated as "scenic."
OFF-GRID
Small WECS that are not connected to the public electricity grid.
ON-GRID
Small WECS that are connected to the public electricity grid.
ROTOR
Diameter of the circle swept by the tips of the rotating blades of a small WECS.
SITE
The parcel of land on which the small WECS is to be placed.
SMALL WECS
A wind energy conversion system consisting of a wind generator, wind tower, and associated control or conversion electronics that is accessory to the principle use.
SYSTEM HEIGHT
The height of the wind tower structure as measured from the original grade to the rotor at the furthest vertical extension of the small WECS.
VERTICALLY-MOUNTED SMALL WECS
Also known as "vertical axis wind turbines" (VAWTs); a wind turbine that has the main rotor shaft arranged vertically.
WIND ENERGY CONVERSION SYSTEM (WECS)
A machine that converts kinetic energy in the wind to a usable form, commonly referred to as a "wind turbine" or "windmill." The WECS includes all parts of the system, including, but not limited to, the base, foundation, wind generator, nacelle, rotor, wind tower, inverter, batteries, and all other components used in the system. The WECS may be mounted on a horizontal axis, vertical axis, rotor or propeller.
WIND GENERATOR
Blades and associated mechanical and electrical conversion components mounted on top of the wind tower.
WIND TOWER
Freestanding structure that supports the wind generator.
E. 
Standards. No small WECS shall be constructed which does not meet the following standards, unless clearly stated otherwise:
(1) 
Permits. No person, firm or corporation, or other entity being the owner or occupant of any land or premises within the Town shall use or permit the use of land or premises for the construction of a tower for an on-site small WECS without first obtaining a building permit. Small WECS must meet all current building and Town codes.
(2) 
Schedule Limiting Height, Location and Clearances for WECS. To facilitate public understanding of this section and for the better administration thereof, the regulations limiting the height, location and clearances for small WECS have been set forth in the annexed schedule.[3] Such schedule is hereby adopted and declared to be a part of this section, hereinafter referred to as the "schedule," and may be amended in the same manner as any other part of this chapter. All limitations as to height, location, and clearances set forth in such schedule shall be those enumerated herein.
[3]
Editor's Note: The Schedule Limiting Height, Location and Clearances for WECS is included at the end of this chapter.
(3) 
Safety.
(a) 
Ground clearance. The minimum distance between the ground and any exposed, moving part of the rotor blade apparatus shall be 15 feet, measured at the lowest point of the rotor blade arc.
(b) 
Wind tower design. The wind tower shall be designed to handle the maximum potential structural load. In addition, under no circumstances shall the height of the system exceed the height recommendations specified by the manufacturer of the system.
(c) 
Wind tower access. The small WECS shall not be accessible to unauthorized personnel. Access to the wind tower shall be limited by means of a fence, no lower than six feet in height, around the tower base, with a locking portal and with a locking gate on the fence, or by limiting the wind tower climbing apparatus to no lower than 15 feet from the base of the tower. The fencing requirements do not apply to building-mounted or building-supported WECS.
(d) 
Warning signage. A weather-resistant sign plate, no greater than two square feet in size, containing the name of the current owner or operator, emergency phone number, and current address of such owner/operator shall be located on the exterior surface of the tower at a height of five feet or on the fence surrounding each tower and viewable by a Code Enforcement Officer. Such sign shall also warn of electrical shock or high voltage.
(e) 
Braking mechanisms. The small WECS shall be equipped with an automatic braking, governing or feathering system to prevent uncontrolled rotation, over-rotation and excessive pressure on the wind tower structure, rotor blades, wind generator components or enclosed shelter (in the case of building-mounted and/or building-supported small WECS). No small WECS shall be permitted which lacks such a system. The applicant shall file with the Town Code Enforcement Officer a document explaining how the small wind energy system may be shut down in case of an emergency.
(f) 
Emergency shutdown. In the event of a failure of the braking system, the small WECS shall have a positive means to disconnect it from the local power grid.
(g) 
The existing structure or occupied space where the small WECS is sited shall be able to withstand the additional load, force, torque, and vibration imposed by the small WECS. All related components must be designed in accordance with generally acceptable industry standards. The entire facility, including the building onto which the small WECS will be attached, must be in compliance with all applicable governmental building codes, laws and regulations and in accordance with generally accepted engineering practices and industry standards, including, but not limited to, acceptable standards for stability, wind and ice loads.
(h) 
Duty to repair unsafe system. If a small WECS is deemed unsafe, it shall be repaired in accordance with the provisions set forth in Subsection I of this section.
(i) 
Abandonment; abatement; decommissioning. If a small WECS has been abandoned, the property owner shall comply with the provisions set forth in Subsection I of this section.
(4) 
Intrusiveness mitigation.
(a) 
No advertising or promoting. No word or graphic representation, other than appropriate warning signs, may be placed on a wind generator, wind tower, building or other structure associated with the small WECS. No brand names, logo, advertising, mark or promotion shall be placed or painted on the wind tower, rotor, wind generator or tail vane where it would be visible from the ground, except that a small WECS manufacturer's logo may be displayed on the wind generator in an unobtrusive manner.
(b) 
Lighting. The small wind energy system shall not be artificially lit unless required by the Federal Aviation Administration or other appropriate authority with jurisdiction.
(c) 
Color. The small WECS wind tower and blades shall be painted a nonreflective, unobtrusive color that blends into the surrounding landscape to the greatest extent possible and incorporates nonreflective surfaces to minimize visual disruption.
(5) 
Site requirements.
(a) 
Power transmission lines. All power transmission lines from the small WECS to the electrical power utility grid or to any building or other structure shall be located underground to the maximum extent practicable. Such lines must meet national and state electrical codes.
(b) 
Zones permitted. Small WECS that meet all the requirements of this section shall be permitted anywhere in the Town except in the five hamlet districts as defined in the Town Code (Oran, Delphi, Watervale, Pompey Hill, Pompey Center). Hamlet residents seeking to erect a small WECS must pursue a variance. See Subsection G herein.
(c) 
Number per building. The maximum number of rooftop-mounted or building-stabilized systems shall be no more than the roofline length divided by 15 feet.
(6) 
Setbacks; ROW; structure; system height.
(a) 
Small rooftop- and building-supported systems. There are no setback requirements for these systems if the building or structure to which the system is affixed or mounted meets the setback requirements currently in effect for the Town.
(b) 
Small freestanding systems. These systems must meet the following right-of-way (ROW), side, and rear property line setbacks, as well as all requirements for overhead power lines and on-site underground utilities:
[1] 
Front, rear and side yard. Minimum setbacks to property lines and ROW shall equal 120% of the system height, as determined using an arc-of-fall projection. This represents the minimum setback requirement with respect to any point on an inhabited structure. No part of a small WECS or its supporting structures shall be within 10 feet of a property line.
[2] 
Overhead power lines. All small WECS shall maintain a distance of 150% of the system height, as determined using an arc-of-fall projection, from the small WECS tower base and the closest point to an overhead power line.
[3] 
Underground utilities. No components of a small WECS shall be within 10 feet of buried public water, drainage easements, sanitary sewer facilities, gaslines, cable lines, or power utilities. Also, no component of a small WECS, other than underground wiring necessary for the operation of that system, shall be within 20 feet of a private sewage disposal system or an area of dedicated land for the replacement of said sewage disposal system. If no mapping or preliminary design has been undertaken for the purpose of a replacement system, it will be assumed that an area equal to the existing sewage system will be required and will provide the same clearance requirements as provided in the initial application.
[4] 
System height. The wind tower height of a small WECS shall be no more than 100 feet, as measured from the original grade at the proposed location and as otherwise provided by this section. The rotor radius for any small WECS shall not exceed 15 feet, thereby providing a maximum system height of 115 feet. For any site within 500 feet of the ROW of U.S. Route 20, no small WECS shall have a system height greater than 75 feet.
(c) 
Compliance with Building Code. All freestanding small WECS must meet all appropriate provisions of the New York State Building Code.[4]
[4]
Editor's Note: See Ch. 93, Fire Prevention and Building Construction.
(d) 
Compliance with ASCE. All freestanding small WECS must meet the American Society of Civil Engineers (ASCE) Standard No. 7 for resistance to wind.
F. 
Site plan requirements and approval. Small WECS must comply with all relevant Town of Pompey zoning laws.
(1) 
It is the responsibility of the applicant to provide all information and documentation necessary for the Town to determine what type of small WECS is being proposed, its proposed location, and its aesthetic impact.
(2) 
A building permit for a small WECS shall be issued if the applicant meets all of the requirements set forth in this section and satisfactorily provides the following information at the time of application:
(a) 
A completed application form as supplied by the Town for approval of the installation and operation of a small WECS. Such form shall include the applicant's and landowner's name and contact information.
(b) 
The relevant tax map numbers, including a description of the existing use and acreage of the site.
(c) 
Proof of ownership of the site or proof that the applicant has written permission from the owner to make such application.
(d) 
Survey map showing the following information:
[1] 
Property lines and physical dimensions of the site.
[2] 
Location, approximate dimensions and types of all existing structures, buildings and occupied spaces on the site.
[3] 
The proposed location for the small WECS, including the elevation at that site.
[4] 
Location of all existing aboveground utility lines and other small WECS within 500 feet of the proposed small WECS location.
[5] 
Approximate location and size of all structures within a five-hundred-foot radius of the proposed small WECS location, including but not limited to adjacent ownerships and existing residences, schools, churches, hospitals, libraries, buildings and occupied spaces.
[6] 
Location of all transmission facilities proposed for installation.
[7] 
Location of all roads and structures proposed as part of the installation of the small WECS.
[8] 
Location of all federal, state, county or local parks, recognized historical or heritage sites, state-identified wetlands or important bird areas as identified in the federal, state, county, local or New York Audubon's GIS databases or other generally available documentation, which areas are adjacent to the site.
[9] 
Standard engineering drawings or plans of the wind turbine structure, including, but not limited to, an engineering analysis of the wind tower, tower base and footings, proposed tower location, rotor diameter, and ground clearance.
[10] 
The applicant shall file a document with the Town Code Enforcement Officer explaining how the small WECS may be shut down in case of an emergency.
(3) 
Public hearing. No action shall be taken by the Planning Board to issue a site plan approval or by the Zoning Board of Appeals to approve a variance, as the case may be, until after a public notice and hearing. Notice of the public hearing shall be published in the official newspaper of the Town of Pompey at least five days before the date set for such hearing(s), and written notice of the hearing shall be mailed to the applicant or his/her agent at the address provided in the application at least 20 days before such hearing. The applicant, in turn, shall be responsible for notifying, by certified mail, all property owners of record within 1,000 feet of the boundary line of the property to which the application relates of the time, date and place of such public hearing at least 10 days prior to such hearing. Notice shall be deemed to have been given if mailed to the property owner at the tax billing address listed on the property tax records of the Town Assessor. At least seven days prior to such public hearing, the applicant shall file with the Planning Board or the Zoning Board of Appeals, as the case may be, an affidavit verifying that notice was properly mailed to nearby property owners. Failure of the property owners to receive such notice shall not be deemed a jurisdictional defect.
[Added 12-2-2013 by L.L. No. 6-2013]
G. 
Variances. If an applicant does not satisfy all of the requirements of this section, a building permit shall be denied. However, the applicant may seek a variance from the Town of Pompey Zoning Board of Appeals for the construction and placement of the proposed small WECS.
(1) 
When addressing whether to issue a variance, the Zoning Board may consider issues of safety, obtrusiveness or visual impact.
(2) 
The Town of Pompey Zoning Board of Appeals may, in its discretion, expedite the procedure for approval of small WECS.
(3) 
The Zoning Board of Appeals may request that the applicant submit a visual impact analysis of the proposed project and/or utilize mitigation strategies to reduce the visual impact of the small WECS.
(4) 
Mere visibility, even startling visibility, of a small WECS may not be the sole grounds for denying a variance.
H. 
Nuisance prevention. No small WECS shall be constructed or allowed to continue in operation unless the following standards are met:
(1) 
Noise. A small WECS shall be properly maintained and operated at all times with relation to property lines so that the noise produced during operation shall not exceed 50 dBA, measured at the boundaries of all the closest parcels that are owned by nonsite owners. This level, however, may be exceeded during short-term events, such as utility outages or wind speeds exceeding 25 miles per hour.
(2) 
Electromagnetic and microwave communications interference. Small WECS shall not be located in any area where their proximity interferes with existing fixed broadcast, retransmission, or reception antennae for radio, television, wireless telephones, and personal communications systems or other broadcast devices or preexisting microwave communications facilities. The small WECS shall be operated so that no disruptive electromagnetic interference is caused.
I. 
Operation; inspection; fees; penalties. In order to ensure that small WECS are operated as provided for and intended by this section, the applicant and/or landowner must meet the following additional requirements:
(1) 
Operation of small WECS.
(a) 
Operational condition. Should a small WECS be in violation of a permit condition, the owner or operator shall remedy the situation within 90 days of written notice from the Town Code Enforcement Officer of said condition.
(b) 
Public hearing. Notwithstanding any other abatement provision of this section, if the small WECS is not brought into permit compliance after notice from the Town, the Town Board may, after a public hearing at which the operator or owner shall be given opportunity to be heard and present evidence, including a plan to come into compliance, order either remedial action within a particular time frame or revocation of the wind energy permit for the WECS and require the removal of the WECS within 90 days.
(2) 
Unsafe small WECS. Should a Code Enforcement Officer deem a small WECS unsafe or dangerous to the life, health, property or safety of the public or so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation that partial or complete collapse is possible, the owner thereof shall remove said system at the owner's expense within 90 days of written notice thereof from the Town Code Enforcement Officer.
(3) 
Removal. If removal of the small WECS is ordered pursuant to this section, the owner or operator shall remove the entire aboveground structure (exclusive of the foundation), including transmission equipment and fencing. The owner or operator must comply with applicable provisions of the New York State Building Code and Property Maintenance Law.
(4) 
Failure to remove the small WECS. If the small WECS is not removed by the owner within 90 days of written notice from the Town, the Town may authorize the dismantling and removal of the small WECS at the owner's expense. The cost of removing the small WECS and associated equipment will be a lien on the property and added to the property owner's tax bill.
(5) 
Inspections and enforcement. The Code Enforcement Officer, in the company of the owner or operator, or his/her agent, may enter the premises on which a small WECS is being or has been constructed to inspect all components of the installation. When practicable, the Code Enforcement Officer shall provide the owner or operator with written notice of his/her intent to conduct an inspection at least 48 hours before such inspection. Upon inspection, the Code Enforcement Officer may order the owner to make repairs or alterations to the system in the event the system is deemed noncompliant, unsafe, deficient or dangerous and may order that the construction or operation of the small WECS cease until such repairs or alterations are made. In the event that the small WECS is deemed to pose an immediate danger to life or property, the Code Enforcement Officer shall have the right to enter the property forthwith, without the owner being present, and to take such action as is deemed reasonably necessary to eliminate such danger.
(6) 
Fees. Fees for applications and permits under this section shall be established by resolution of the Town Board.
(7) 
Penalties. Any person who violates any provision of this section shall be guilty of a violation and subject to a fine of not more than $250 and/or 15 days jail.
[1]
Editor's Note: Former §§ 165-15, House trailers, and 165-16, Permits for the maintenance of house trailers and trailer camps, were repealed 5-5-1997 by L.L. No. 3-1997.
Except as specifically herein provided in these regulations, no sign or billboard shall be erected or any existing ones replaced in any district except upon written approval of the Zoning Board of Appeals and upon such conditions as said Zoning Board of Appeals may impose in the interests of public safety and health.
[Added 6-3-2013 by L.L. No. 1-2013]
A. 
Authority. The Town Board of the Town of Pompey hereby enacts this section under the authority granted by:
(1) 
Article IX of the New York State Constitution;
(2) 
New York Municipal Home Rule Law;
(3) 
New York Statute of Local Governments;
(4) 
New York Town Law, including but not limited to §§ 130 and 135 and Article 6 (Zoning and Planning);
(5) 
New York Environmental Conservation Law; and
(6) 
New York Public Health Law.
B. 
Findings of fact. The Town Board has heretofore made the following findings, determinations, and declarations relative to the matters set forth in this section:
(1) 
Pompey is a community in Onondaga County that takes great pride in and assigns great value to its rural residential character, small-town atmosphere, high-quality agricultural and forestry land, and scenic and other natural resources.
(2) 
Many Town residents are dependent upon aquifers and wells for life-sustaining water; maintaining the quality of water resources within the Town is critical to protecting the natural environment of the Town, the general health and welfare of Town residents, and the local economy. The explicitly prohibited uses defined and described in this section have the potential to damage surface water and groundwater resources in the event of (by way of example) human error, power outages, flooding or other natural disasters, or engineered materials and structures experiencing stresses beyond those for which they are designed. Further, water pollution is hazardous to the public health. If a domestic water source is contaminated, remediation is time and cost intensive, and may not restore the water resource to a quality acceptable for domestic use.
(3) 
Preservation of the Town's irreplaceable scenic sites, air quality and water quality, and priceless and unique character, is of significant value to the inhabitants of the Town and to the tourists who visit here.
(4) 
The Town's rich natural environment is a valuable asset that creates a sense of identity and well-being for residents of the area. Preserving and protecting the agricultural, scenic, recreational, and other natural resources of the Town is important for both a healthy environment and vibrant economy. Aesthetic issues are real and evoke strong reactions from people. They deeply affect the way people feel about a place, whether or not businesses will want to locate in a place or people will want to live in and visit a place.
(5) 
Allowing the explicitly prohibited uses defined and described in this section to be conducted within the Town could impair the existing character of the Town, because, by their very nature, such activities have the potential to produce a combination of negative impacts upon the environment and people living in or in proximity to the communities in which they are located. Such negative impacts may include, without limitation, traffic, noise, vibrations, fumes, damage to roadways, degradation of water quality, degradation of air quality, decreased availability of affordable housing, damage to and loss of agricultural lands and soils, damage to and loss of open space, natural areas, and scenic views, decreased recreational opportunities, and damage to the tourism industries.
(6) 
If one or more of the explicitly prohibited uses defined and described in this section are conducted within the Town, the traffic generated thereby could be hazardous or inconvenient to the inhabitants of the Town and could be dangerous to pedestrians (especially children), cyclists, and motorists, and could result in traffic congestion that could delay emergency response times for medical emergencies, fires and accidents. Certain of the explicitly prohibited uses defined and described in this section typically involve a large volume of heavy trucks, and accidents involving heavy trucks have greater potential for death than those involving smaller vehicles and are more likely to occur on roads (such as many roads in the Town) that have sharp corners, narrow lanes, or short sight lines; thus increased volume of heavy truck traffic may create unsafe conditions for the traveling public and a strain on emergency responses. Increased truck traffic increases air pollution and noise levels, and decreases the quality of life and property values for those living nearby. Further, roads are a critical public resource and constitute a major investment of the public's money. Many Town roads are highways by use (as contemplated by Section 189 of the New York Highway Law) and so are not necessarily engineered or able to carry repeated legal limit loads. The Town is not in a position to bear the high costs associated with the road use impacts that typically accompany many of the explicitly prohibited uses defined and described in this section.
(7) 
If one or more of the explicitly prohibited uses defined and described in this section are conducted within the Town, the air pollution, dust and odors generated thereby (whether on site or by truck traffic to and from the proposed site of such activities) could be hazardous to the inhabitants of the Town. Air pollution is a known hazard to the public health.
(8) 
If one or more of the explicitly prohibited uses defined and described in this section are conducted within the Town, noise, vibrations, and light pollution typically caused by such activities could be hazardous or inconvenient to the inhabitants of the Town. Noise, traffic congestion, nighttime lighting and vibrations can have negative effects on human health and wildlife.
(9) 
The recreation, generation, keeping, storage or disposal of natural gas and/or petroleum extraction, exploration or production wastes (as the term is defined in this section) within the Town could have a negative impact on the public health, safety and welfare of the inhabitants of the Town. As well, there are substantial fiscal risks arising from such activities in terms of the need for the cleanup, removal, and/or remediation of such wastes and lands upon which the same are generated, deposited, or emitted, whether purposefully or accidentally, including potential liability for such deposits or emissions.
(10) 
The high costs associated with the disposal of natural gas and/or petroleum extraction, exploration or production wastes (as the term is defined in this section) have in other localities resulted, and could in our Town result, in persons seeking to avoid such costs by depositing such material along roadways, in vacant lots, on business sites, in the private dumpsters of others or in other unauthorized places. Such activities could pose a hazard to the public health, safety and welfare of the inhabitants of the Town.
(11) 
The Town Board believes it is appropriate to ensure that any industrial activity contemplated for the Town takes place only if compatible with present land uses and with the Town's Comprehensive Plan.
(12) 
The explicit proscription of activities such as those prohibited by this section is a legitimate use of police power-based laws. See Matter of Gernatt Asphalt Products, Inc. v. Town of Sardinia, 87 N.Y.2d 668 (1996), where the Court of Appeals, New York State's highest court, held as follows:
A municipality is not obliged to permit the exploitation of any and all natural resources within the town as a permitted use if limiting that use is a reasonable exercise of its police power to prevent damage to the rights of others and to promote the interests of the community as a whole.
87 N.Y.2d at 683, 684.
C. 
Purpose and intent. The purpose and legislative intent underlying the Town Board's passage of this section are as follows:
(1) 
Purposes. This section is enacted so as to take proactive steps to protect and preserve the quality of the Town's air and water and historic resources, and other assets, and to protect and promote the health, safety, and welfare of the Town and its present and future residents. Without limiting the generality of the foregoing, this section is intended and is declared by the Town Board to:
(a) 
Promote the purposes of planning and land use regulation by, among other things, preserving the roads, and fire, police, and other emergency response services in the Town;
(b) 
Promote the health, safety and welfare of the Town, its present and future inhabitants, by protecting them from the adverse public nuisance and/or land use impacts and effects that could result if the activities prohibited by this section were allowed to be conducted within the Town;
(c) 
Protect the Town's priceless and unique character, the preservation of which is of significant value to the inhabitants of the Town and the tourists who visit here, by protecting it from the adverse public nuisance and/or land use impacts and effects that could result if the activities prohibited by this section were allowed to be conducted within the Town; and
(d) 
Protect the Town's irreplaceable historic, water quality, air quality, scenic and other natural resources, by protecting them from the adverse public nuisance and/or land use impacts and effects that could result if the activities prohibited by this section were allowed to be conducted within the Town.
(2) 
Declaration of intent.
(a) 
Exercise of police power. This section is a police power, public nuisance and land use regulation, designed to establish and provide for general land use regulation, environmental protection, public safety prevention of increased traffic congestion, protection of rural and agricultural resources, preservation of the character of the Town, protection of air quality, protection of water resources quality, prevention of noise and disturbance, protection against diminished property values, and protection of the public from nuisance and/or land use effects and impacts.
(b) 
Protection of private drinking water supplies. This section is intended to protect drinking water supplies and is intended to supplement and enhance and is not intended to impinge upon the Safe Drinking Water Act[1] or the underground injunction control programs administered by the Environmental Protection Agency.
[1]
Editor's Note: See 42 U.S.C. § 300f et seq.
(c) 
Matters of local concern. This section is intended to and is hereby declared to address matters of local concern, and it is declared that it is not the intention of the Town Board to address matters of statewide concern.
(d) 
Negative externalities. This section is intended and is hereby declared to impose conditions and restrictions on the use of property that are directly related to and incidental to the use of that property, and such conditions and restrictions are aimed at minimizing or precluding the adverse impact on the Town that could result from an inappropriate use of the property that could otherwise adversely affect the comfort, peace, enjoyment, health and safety of the surrounding land.
(e) 
Land use control. This section is intended to act as and is hereby declared to be an exercise of the permissive incidental control of a police power law that is concerned with the broad area of land use planning and the physical use of land and property within the Town, including the physical externalities associated with certain land uses, such as negative impacts on roadways and traffic congestion and other deleterious impacts on a community. This section is not intended to regulate the operational processes of any business. This section is a law of general applicability and is intended to promote the interests of the community as a whole.
D. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BELOW-REGULATORY CONCERN
Radioactive material in a quantity or of a level that is distinguishable from background (as that phrase is defined at 10 CFR 20.1003), but which is below the regulation threshold established by any regulatory agency otherwise having jurisdiction over such material in the Town.
INJECTION WELL
A bored, drilled or driven shaft whose depth is greater than the largest surface dimension, or a dug hole whose depth is greater than the largest surface dimension of the hole, through which fluids (which may or may not include semi-solids) are injected into the subsurface and less than 90% of such fluids return to the surface within a period of 90 days.
LAND APPLICATION FACILITY
A site where any natural gas and/or petroleum extraction, exploration or production wastes are applied to the soil surface or injected into the upper layer of the soil.
NATURAL GAS
Methane and any gaseous substance, either combustible or noncombustible, which is produced in a natural state from the earth and which maintains a gaseous or rarefied state at standard temperature and pressure conditions, and/or gaseous components or vapors occurring in or derived from petroleum or other hydrocarbons.
NATURAL GAS AND/OR PETROLEUM EXPLORATION ACTIVITIES
Geologic or geophysical activities related to the search for natural gas, petroleum or other subsurface hydrocarbons, including prospecting, geophysical and geologic seismic surveying and sampling techniques, but only to the extent that such activities involve or employ core, rotary, or any other type of drilling or otherwise making any penetration or excavation of any land or water surface in the search for and evaluation of natural gas, petroleum or other subsurface hydrocarbon deposits.
NATURAL GAS AND/OR PETROLEUM EXPLORATION, EXTRACTION OR PRODUCTION WASTES
(1) 
Any of the following in any form, and whether or not such items have been excepted or exempted from the coverage of any federal or state environmental protection laws, or have been excepted from statutory or regulatory definitions of "industrial waste," "hazardous," or "toxic," and whether or not such substances are generally characterized as waste:
(a) 
Below-regulatory concern radioactive material, or any radioactive material which is not below-regulatory concern, but which is in fact not being regulated by the regulatory agency otherwise having jurisdiction over such material in the Town, whether naturally occurring or otherwise, in any case relating to, arising in connection with, or produced by or incidental to the exploration for, the extraction or production of, or the processing, treatment, or transportation of natural gas, petroleum, or any related hydrocarbons;
(b) 
Natural gas or petroleum drilling fluids;
(c) 
Natural gas or petroleum exploration, drilling, production or processing wastes;
(d) 
Natural gas or petroleum drilling treatment wastes (such as oils, frac fluids, produced water, brine, flowback, sediment and/or any other liquid or semi-liquid material);
(e) 
Any chemical, waste oil, waste emulsified oil, mud or sediment that was used or produced in the drilling, development, transportation, processing or refining of natural gas or petroleum;
(f) 
Soil contaminated in the drilling, transportation, processing or refining of natural gas or petroleum;
(g) 
Drill cuttings from natural gas or petroleum wells; or
(h) 
Any other wastes associated with the exploration, drilling, production or treatment of natural gas or petroleum.
(2) 
This definition specifically intends to include some wastes that may otherwise be classified as "solid wastes which are not hazardous wastes" under 40 CFR § 261.4(b). The definition of natural gas and/or petroleum extraction, exploration or production wastes does not include:
(a) 
Recognizable and nonrecognizable food wastes; or
(b) 
Waste generated by farm use.
NATURAL GAS AND/OR PETROLEUM EXPLORATION, EXTRACTION OR PRODUCTION WASTES DISPOSAL/STORAGE FACILITY
Any of the following: tanks of any construction (metal, fiberglass, concrete, etc.); impoundments; pits; evaporation ponds; or other facilities, in any case used for the storage or treatment of natural gas and/or petroleum extraction, exploration or production wastes that are being held for initial use; have been used and are being held for subsequent reuse or recycling; are being held for treatment; or are being held for storage.
NATURAL GAS AND/OR PETROLEUM EXPLORATION, EXTRACTION OR PRODUCTION WASTES DUMP
Land upon which natural gas and/or petroleum extraction, exploration or production wastes, or their residue or constituents before or after treatment, are deposited, disposed, discharged, injected, placed, buried or discarded, without any intention of further use.
NATURAL GAS AND/OR PETROLEUM EXTRACTION ACTIVITIES
The digging or drilling of a well for the purposes of exploring for, developing or producing natural gas, petroleum or other subsurface hydrocarbons, including without limitation any and all forms of shale fracturing.
NATURAL GAS COMPRESSION FACILITY
A facility constructed or operated to compress natural gas that originates from a gas well or collection of such wells, operating as a midstream facility for delivery of gas from a gas field for entry into the transmission pipeline system; the term shall not include the transmission pipeline itself; the term shall include equipment for liquids separation, natural gas dehydration, and tanks for the storage of waste liquids and hydrocarbon liquids.
NATURAL GAS PROCESSING FACILITY
A facility that separates and recovers natural gas liquids (NGLs) and/or other nonmethane gases and liquids from a stream of produced natural gas, using equipment for any of the following: cleaning or stripping gas, cooking and dehydration, residual refinement, treating or removing oil or condensate, removing water, separating NGLs, removing sulfur or carbon dioxide, fractionation of NGLs, or the capture of CO2 separated from natural gas streams.
PERSON
Any individual, public or private corporation for profit or not for profit, association, partnership, limited liability company, limited liability partnership, firm, trust, estate, and any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
RADIATION
The spontaneous emission of particles (alpha, beta, neutrons) or photons (gamma) from the nucleus of unstable atoms as a result of radioactive decay.
RADIOACTIVE MATERIAL
Material in any form that emits radiation. This definition specifically includes NORM (naturally occurring radioactive material), but only if such naturally occurring material has been moved from its naturally occurring location through a mechanical or other man-made process. All such material is radioactive material for purposes hereof, whether or not it is otherwise exempt from licensing and regulatory control pursuant to the New York State Department of Labor, the United States Nuclear Regulatory Commission, the United States Environmental Protection Agency, the United States Department of Energy, the United States Department of Transportation, or any other regulatory agency.
SUBSURFACE
Below the surface of the earth, or of a body of water, as the context may require.
UNDERGROUND INJECTION
Subsurface emplacement of natural gas and/or petroleum extraction, exploration or production wastes, including emplacement by or into an injection well.
UNDERGROUND NATURAL GAS STORAGE
Subsurface storage, including in depleted gas or oil reservoirs and salt caverns, of natural gas that has been transferred from its original location, whether for the purpose of load balancing the production of natural gas or for any other reason, including, without limitation, short-term, long-term or intermittent storage for product quality, processing or transportation purposes, or because of market conditions. Without limitation, this term includes compression and dehydration facilities and associated pipelines.
E. 
Explicitly prohibited uses.
(1) 
The following uses and activities are hereby expressly and explicitly prohibited in each and every zoning district within the Town, and no building or structure shall be created, altered or erected, and no body of water, land or building thereon shall be used, for any of such uses or activities:
(a) 
Land application facility;
(b) 
Natural gas and/or petroleum exploration activities;
(c) 
Natural gas and/or petroleum extraction activities;
(d) 
Natural gas and/or petroleum exploration, extraction or production wastes disposal/storage facility;
(e) 
Natural gas and/or petroleum exploration, extraction or production wastes dump;
(f) 
Natural gas compression facility;
(g) 
Natural gas processing facility;
(h) 
Underground injection; and
(i) 
Underground natural gas storage.
(2) 
Any condition caused or permitted to exist in violation of this § 165-16.1E is a threat to public health, safety and welfare, and is hereby declared and deemed to be a nuisance. Collectively the above expressly prohibited uses may be referred to in this section as "explicitly prohibited uses," any one of the above expressly prohibited uses may be referred to in this section as an "explicitly prohibited use," and any combination of more than one such use may also be referred to as "explicitly prohibited uses."
F. 
Prohibition against natural gas and/or petroleum exploration, extraction or production wastes.
(1) 
The Town hereby exercises its authority and right under New York Environmental Conservation Law § 27-0711 to adopt a section that is consistent with the Environmental Conservation Law Article 27, such consistency demonstrated by the fact that this section complies with at least the minimum applicable requirements set forth in such statute, and the rules and regulations promulgated pursuant to said Article 27.
(2) 
It shall be unlawful for any person to produce, store, inject, discard, discharge, dispose, release, or maintain, or to suffer, cause or permit to be produced, stored, injected, discarded, discharged, disposed, released, or maintained, anywhere within the Town, any natural gas and/or petroleum exploration, extraction or production wastes.
G. 
No application to customary local distribution lines, etc. The prohibitions set forth above in § 165-16.1E and F of this Article IV are not intended, and shall not be construed, to:
(1) 
Prevent or prohibit the right to use roadways in commerce or otherwise for travel;
(2) 
Prevent or prohibit the transmission of natural gas through utility pipes, lines, or similar appurtenances for the limited purpose of supplying natural gas to residents of or buildings located in the Town; or
(3) 
Prevent or prohibit the incidental or normal sale, storage or use of lubricating oil, heating oil, gasoline, diesel fuel, kerosene or propane in connection with legal farm, residential, business, commercial and other uses within the Town.
H. 
Preexisting, legal, nonconforming natural gas and/or petroleum extraction activities.
(1) 
Notwithstanding any provision of this section to the contrary, any natural gas and/or petroleum extraction activities that are being conducted in the Town as of the effective date of this § 165-16.1 shall be subject to the following:
(a) 
If, as of the effective date of this § 165-16.1, substantive natural gas and/or petroleum extraction activities are occurring in the Town, and those activities are in all respects being conducted in accordance with all applicable laws and regulations, including, without limitation, the possession of valid, nonrevoked permits for all matters for which permits are required, and including compliance with each, any, and all permit conditions, as are or may be required by the New York State Department of Environmental Conservation ("DEC") and/or all other regulating local, state, and federal governments, bureaus or agencies, then and only then such activity shall be considered a preexisting, nonconforming use and shall be allowed to continue, subject, however, to the provisions of Subsection H(2)(a) and (b) of this § 165-16.1.
(2) 
Natural gas and/or petroleum extraction activities that are being conducted in the Town as of the effective date of this section and which do not qualify for treatment under the preceding Subsection H(1) of this § 165-16.1 shall not be grandfathered (or be permitted to continue or deemed lawful preexisting uses).
(a) 
Upon the depletion, closing or reclamation of any well which is allowed to remain in operation after the effective date of this section by virtue of Subsection H(1) of this § 165-16.1, or upon any other substantive cessation of natural gas and/or petroleum extraction activities for a period of more than 12 months, then and in either of such events the preexisting and/or nonconforming use status (and any related grandfathering rights) of or relating to such activity shall terminate.
(b) 
Notwithstanding any provision hereof to the contrary, the preexisting, nonconforming status conferred and recognized by Subsection H(1) of this § 165-16.1, is not intended, and shall not be construed, to authorize or grandfather any natural gas and/or petroleum extraction activities extending beyond whatever well bore is authorized in any DEC permit in existence as of the effective date of this section. Any expansion or attempted or purported expansion of such well, whether as to its production, depth, horizon(s) or otherwise, shall not be grandfathered under Subsection H(1) of this § 165-16.1.
I. 
Severability. If any word, phrase, sentence, part, section, subsection, or other portion of this section, or the application thereof to any person or to any circumstance, is adjudged or declared invalid or unenforceable by a court or other tribunal of competent jurisdiction, then, and in such event, such judgment or declaration shall be confined in its interpretation and operation only to the provision of this section that is directly involved in the controversy in which such judgment or declaration is rendered, and such judgment or declaration of invalidity or unenforceability shall not affect or impair the validity or enforceability of the remainder of this section or the application hereof to any other persons or circumstances. If necessary as to such person or circumstances, such invalid or unenforceable provision shall be and be deemed severed herefrom, and the Town Board of the Town hereby declares that it would have enacted this section, or the remainder thereof, even if, as to particular provisions and persons or circumstances, a portion hereof is severed or declared invalid or unenforceable.
[Added 2-2-2015 by L.L. No. 1-2015; amended 4-5-2021 by L.L. No. 1-2021]
A. 
Authority. This solar energy section is adopted pursuant to §§ 261 through 263 of the Town Law and § 20 of the Municipal Home Rule Law of the State of New York, which authorize 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."
B. 
Statement of purpose. The Town Board hereby determines and finds that the following is the policy and purpose of this section:
(1) 
This solar energy section is adopted to advance and protect the public health, safety, and welfare of the Town by creating regulations for the installation and use of solar energy generating systems and equipment, with the following objectives:
(a) 
To take advantage of a safe, abundant, renewable, and nonpolluting energy resource;
(b) 
To decrease the cost of electricity to the owners of residential and commercial properties, including single-family houses;
(c) 
To increase employment and business development in the Town, to the extent reasonably practicable, by furthering the installation of solar energy systems;
(d) 
To mitigate the impacts of solar energy systems on environmental resources such as important agricultural lands, forests, wildlife, viewsheds and other protected resources; and
(e) 
To create synergy between solar and the Town's overarching sustainability policies as set forth in the Town of Pompey Comprehensive Plan.
C. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BUILDING-INTEGRATED SOLAR ENERGY SYSTEM
A combination of solar panels and solar energy equipment integrated into any building envelope system such as vertical facades, semitransparent skylight systems, roofing materials, or shading over windows, which produce electricity for on-site consumption.
GLARE
The effect by reflections of light with intensity sufficient as determined in a commercially reasonable manner to cause annoyance, discomfort, or loss in visual performance and visibility in any material respects.
GROUND-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system that is anchored to or resting directly on the ground via a pole or other mounting or supporting system (including ballasts, racks or other nonpenetrative supports), detached from any other structure, that generates electricity for on-site or off-site consumption.
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 arrangement that allows solar customers to receive credit for excess electricity which is generated from the customer's solar energy system and delivered back to the grid so that customers only pay for their net electricity usage for the applicable billing period.
POLLINATOR
Bees, birds, bats, and other insects or wildlife that pollinate flowering plants, and includes both w wild and managed insects.
QUALIFIED SOLAR INSTALLER
A person who has skills and knowledge related to the construction and operation of solar energy systems (and the components thereof) and installations and has received safety training on the hazards involved. Persons who are on the list of eligible photovoltaic installers maintained by the NYS Energy Research and Development Authority (NYSERDA), or who are certified as a solar installer by the North American Board of Certified Energy Practitioners (NABCEP), shall be deemed to be qualified solar installers for the purposes of this definition.
ROOF-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system located on the roof of any lawfully existing building or structure that produces electricity for on-site or off-site consumption.
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 ENERGY EQUIPMENT
Electrical material, hardware, inverters, conduit, storage devices, or other electrical and photovoltaic equipment associated with the production of electricity.
SOLAR ENERGY SYSTEM
The component and subsystems required to convert solar energy into electric energy suitable for use. The term includes, but is not limited to, solar panels and solar energy equipment. The area of a solar energy system includes all the land inside the perimeter of the solar energy system, which extends to any interconnection equipment. A solar energy system is classified as a Tier 1, Tier 2, or Tier 3 solar system as follows:
(1) 
Tier 1 solar energy systems include the following:
(a) 
Roof-mounted solar energy systems with system capacity up to 25 kW DC (or 50 kW for active farm operations);
(b) 
Building-integrated solar energy systems with system capacity up to 25 kW (or 50 kW for active farm operations).
(2) 
Tier 2 solar energy systems include ground-mounted solar energy systems with system capacity up to 25 kW DC (or 50 kW for active farm operations).
(3) 
Tier 3 solar energy systems are systems that are not included in the list for Tier 1 and Tier 2 solar energy systems.
SOLAR PANEL
A photovoltaic device capable of collecting and converting solar energy into electricity.
STORAGE BATTERY
A device that stores energy and makes it available in an electrical form.
UNIFIED SOLAR PERMIT
An expedited solar permitting process developed by the NY-Sun public-private partnership which uses a unified permit across municipalities in New York State.
D. 
Applicability.
(1) 
The requirements of this section shall apply to all solar energy systems permitted, installed, or modified in the Town of Pompey after the effective date of this section, excluding general maintenance and repair.
(2) 
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 but, if applicable, shall be required to meet the requirements of § 165-16.2 in effect prior to the effective date of this section.
(3) 
Modification to an existing solar energy system that increases the solar energy system area by more than 20% of the original area of the solar energy system (exclusive of moving any fencing) shall be subject to this section.
(4) 
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"), the National Electric Code, the National Fire Protection Association codes and the Town Code. To the extent the provisions of the Building Code, Energy Code, National Electric Code, or National Fire Protection Association codes are more stringent than the provisions set forth in this section, the provisions of the Building Code, Energy Code, National Electric Code or National Fire Protection Association codes shall apply.
(5) 
Any solar energy system that falls within the parameters of the Unified Solar Permit (USP) process as detailed in the current USP application available through the Town Clerk or Code Enforcement Officer shall be eligible to obtain a USP by following the process set forth in the application.
E. 
General requirements.
(1) 
A Unified Solar Permit shall be required for the installation of all Tier 1 and Tier 2 solar energy systems with system capacity up to 25 kW. A building permit shall be required for all solar energy systems greater than 25kW.
(2) 
The reviewing board or person is encouraged to consider conditions on sites adjacent to solar energy systems so as to protect system access to sufficient sunlight to remain economically feasible over time.
(3) 
Issuance of permits and approvals by the reviewing board shall include the applicable review pursuant to the State Environmental Quality Review Act ("SEQRA").
(4) 
Ground-mounted solar energy systems are prohibited in the R, R-40, HC and HR Zoning Districts (unless the applicant obtains a use variance from the Zoning Board of Appeals), as well as in the following areas of potential sensitivity:
(a) 
100-year flood hazard zones considered a V or AE Zone on the FEMA Flood Maps.
(b) 
Historic and/or culturally significant resources which prohibit construction of a ground-mounted solar energy system as determined by the New York State Historic Preservation Office (SHPO).
(c) 
Within 100 feet landward of a freshwater wetland.
(d) 
Adjacent to, or within, the control zone of any airport.
(5) 
All solar energy system installations must be performed by a qualified solar installer.
(6) 
Solar energy systems, unless Tier 3 systems, shall be permitted only to provide power for use by owners, lessees, tenants, residents or other occupants of the premises on which they are erected, but nothing contained in this provision shall be construed to prohibit the sale of excess power through a net-metering arrangement in accordance with New York Public Service Law § 66-j or similar state or federal statute. However, solar energy system applications associated with nonactive farm operations shall be limited to 25 kW or less, unless a variance is granted by the Zoning Board of Appeals (ZBA). Solar energy system applications associated with active farm operations may be permitted up to 50 kW.
(7) 
Prior to operation, electrical connections must be inspected by a Town Code Enforcement Officer and/or by an appropriate electrical inspector or agency, as determined by the Town.
(8) 
Any connection to the public utility grid must be inspected by the appropriate public utility and proof of inspection shall be provided to the Town.
(9) 
Solar energy systems shall be maintained in good working order.
(10) 
If solar storage batteries are included as part of the solar energy system, they must be placed in a secure container or enclosure meeting the requirements of the NYS Uniform Fire Prevention and Building Code and/or the National Fire Protection Association codes when in use and when no longer used shall be disposed of in accordance with the laws and regulations of the Town and other applicable laws and regulations.
(11) 
All utility services and electrical wiring/lines shall be placed underground and otherwise placed within the walls or unobtrusive conduit, with the exception of the main service connection at the utility company right of way and any new interconnection equipment, including without limitation any poles, with new easements and rights of way. Conduits or feeds which are laid on the roof shall be camouflaged to blend in with the roof and reduce aesthetically objectionable impacts.
(12) 
To the extent practicable, solar energy systems shall have neutral paint colors, materials and textures to achieve visual harmony with the surrounding area. Solar energy systems shall be composed of panels which are the same or similar in composition and color.
(13) 
The design, construction, operation and maintenance of solar energy systems shall prevent the direction, misdirection and/or reflection of solar rays onto neighboring properties, public roads, public parks and public buildings.
(14) 
Marking of equipment:
(a) 
Solar energy systems and components shall be marked in order to provide emergency responders with appropriate warning and guidance with respect to isolating the solar electric system. Materials used for marking shall be weather resistant. For residential applications, the marking may be placed within the main service disconnect. If the main service disconnect is operable with the service panel closed, then the marking should be placed on the outside cover.
(b) 
In the event any of the standards in this subsection for markings are more stringent than applicable provisions of the NYS Uniform Fire Prevention and Building Code or the National Fire Protection Association codes, this subsection shall be deemed to provide guidelines only and the standards of the NYS Uniform Fire Prevention and Building Code or the National Fire Protection Association codes shall apply.
F. 
Permitting requirements for Tier 1 solar energy systems.
(1) 
All applications for Tier 1 solar energy systems shall be reviewed by the Code Enforcement Officer, shall be permitted in all zoning districts, and shall be exempt from site plan review under the Town Code, subject to the following conditions for each type of solar energy system:
(a) 
Roof-mounted solar energy systems.
[1] 
Roof-mounted solar energy systems shall incorporate, when feasible, the following design requirements:
[a] 
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.
[b] 
Solar panels on pitched roofs shall be installed parallel to the roof surface on which they are mounted or attached.
[c] 
Solar panels on pitched roofs shall not extend higher than the highest point of 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 36 inches above the flat surface of the roof, whichever is higher.
[2] 
Glare. All solar panels shall have antireflective coating(s) and supporting structures shall be constructed of materials which minimize glare to the maximum extent possible.
[3] 
Height. All roof-mounted solar energy systems shall be subject to the maximum height regulations specified for principal and accessory buildings within the underlying zoning district.
(b) 
Building-integrated solar energy systems shall be shown on the plans submitted for the building permit application for the building containing the system.
G. 
Permitting requirements for Tier 2 solar energy systems.
(1) 
All Tier 2 solar energy systems shall be permitted subject to the following conditions:
(a) 
Code Enforcement Officer approval. All applications for Tier 2 solar energy systems must be reviewed and approved by the Town's Code Enforcement Officer and shall be exempt from site plan review under the Town Code.
(b) 
Glare. All solar panels shall have antireflective coating(s) and supporting structures shall be constructed of materials which minimize glare to the maximum extent possible.
(c) 
Setbacks. All ground-mounted solar energy systems shall only be installed in the side or rear yards (unless a side yard or rear yard directly abuts a roadway, in which case the system shall be installed in the rear yard) of the lot. Ground-mounted solar energy systems shall not be allowed as principal structure on a lot for Tier 2. The required setbacks shall be as follows:
[1] 
Double the required setback of the zoning district when the property is located in a Commercial, Industrial or Farm District; or
[2] 
Double the required setback for accessory structures in the zoning district when the property is located in a Residential or Hamlet District (assuming a use variance has first been granted by the Zoning Board of Appeals to allow Tier 2 solar energy systems in these districts).
(d) 
Height. Tier 2 solar energy systems shall be subject to the height limitations specified for accessory structures within the underlying zoning district or 15 feet, whichever is less.
(e) 
Screening and visibility:
[1] 
All Tier 2 solar energy systems shall have views minimized from adjacent properties and roadways to the extent reasonably practicable.
[2] 
Solar energy equipment shall be located in a manner to reasonably avoid and/or minimize blockage of views and shading of surrounding properties, while still providing adequate solar access.
[3] 
To accomplish adequate screening, architectural features, earthen berms, or landscaping in the form of at least one row of native evergreen, trees and/or shrubs which is capable of forming a continuous hedge at least 25% taller than the maximum height of the array within two years of planting shall be required and maintained. The screening shall harmonize with the character of the property and surrounding area and shall be of a species which provides screening year round. The exact form of screening shall be determined by the Code Enforcement Officer.
(f) 
Lot size. Tier 2 solar energy systems shall comply with the existing lot size requirements specified for accessory structures within the underlying zoning district.
(g) 
Maximum landscape coverage. The total coverage of all buildings and structures on a lot, including Tier 2 ground-mounted solar energy systems, shall not exceed 50%.
(h) 
Decommissioning and removal.
[1] 
Unsafe solar energy systems. Should a Code Enforcement Officer deem a solar energy system unsafe or dangerous to the life, health, property or safety of the public or so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation that partial or complete collapse is possible, the owner thereof shall remove said system at the owner's expense within 90 days of written notice thereof from the Town Code Enforcement Officer.
[2] 
Removal. If removal of the solar energy system is ordered pursuant to this section, the owner or operator shall remove the entire aboveground structure (exclusive of the foundation), including transmission equipment and fencing. The owner or operator must comply with applicable provisions of the New York State Building Code and Property Maintenance Law.
[3] 
Failure to remove the solar energy system. If the solar energy system is not removed by the owner within 90 days of written notice from the Town, the Town may authorize the dismantling and removal of the solar energy system at the owner's expense. The cost of removing the solar energy system and associated equipment will be a lien on the property and added to the property owner's tax bill.
H. 
Permitting requirements for Tier 3 solar energy systems.
(1) 
All Tier 3 solar energy systems are permitted through the approval of a Solar Energy System Overlay District by the Town Board, pursuant to the following procedure:
(a) 
Concept site plan. Prior to the submission of any application for overlay zoning to the Town Board, the applicant shall submit a concept site plan, as described below, to the Town Planning Board for its review and recommendation on the overlay zoning.
(b) 
Overlay zoning application. Any application for overlay zoning shall be submitted to the Town Board and it shall contain the following information:
[1] 
The report of the Town Planning Board resulting from the aforesaid concept site plan and overlay zoning review.
[2] 
The concept site plan. For purposes of this section, a "concept site plan" is a map, drawn to scale, prepared by a licensed engineer, architect, and landscape architect which graphically depicts proposed improvements to the property, including: topographical features, system footprints, travelways, access locations, drainage facilities, lighting, landscaping, buffering, fencing, and signs. Said concept site plan shall also depict existing improvements and contain all information required by § 165-44 and shall be in accordance with the design and construction standards of the Town of Pompey.
[3] 
Proof of ownership of the land proposed for overlay zoning.
[4] 
A description of the property and/or parcel. A metes and bounds description of the parcel will be required at the time of building permit application.
[5] 
A letter of intent which states the land's present use and the type of solar energy system proposed for the land.
[6] 
A completed long form of the environmental assessment form (EAF).
[7] 
A statement as to the present underlying zoning district and proposed zoning as a Solar Energy Systems Overlay District.
[8] 
Present land use and proposed future land use.
[9] 
Two copies of an application to overlay zone the land. Submit the original application to the Town Clerk and give copies to the Town Supervisor and Town Attorney.
(c) 
Solar energy system overlay zoning conditions. All Solar Energy System Overlay Zoning, prior to being placed on the Town of Pompey Zoning Map, shall be conditioned upon the applicant obtaining:
[1] 
The approval of the Town Board creating the Solar Energy Systems Overlay District on the property. Said review shall include a public hearing for overlay zoning approval.
[2] 
Site plan approval from the Planning Board. Said review shall include a public hearing for site plan approval in accordance with the provisions of § 274(a) of the New York State Town Law.
[3] 
A "glint and glare" study to be performed by the applicant for any solar energy system greater than one megawatt (MW).
(d) 
All Tier 3 solar energy systems are subject to the following additional conditions:
[1] 
Vehicular paths. Vehicular paths within the site shall be designed to minimize the extent of impervious materials and soil compaction.
(e) 
Signage:
[1] 
No signage or graphic content shall be displayed on the solar energy systems except for the manufacturer's name, equipment specific information, safety information, and twenty-four-hour emergency contact information. Said information shall be depicted within an area of no more than eight square feet.
[2] 
As required by National Electric Code (NEC), disconnect and other emergency shutoff information shall be clearly displayed on a light-reflective surface. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.
(f) 
Glare. All solar panels shall have antireflective coating(s) and supporting structures shall be constructed of materials which minimize glare to the maximum extent possible.
(g) 
Lighting. Lighting of the solar energy systems shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties.
(h) 
Treecutting. Removal of existing trees and other existing vegetation should be minimized or offset with planting elsewhere on the property.
(i) 
Decommissioning:
[1] 
Solar energy systems that have been abandoned and/or not producing electricity for a period of one year shall be removed at the owner and/or operator's expense, which at the owner's option may come from any security made with the Town as set forth herein.
[2] 
A decommissioning plan signed by the owner and/or operator of the solar energy system shall be submitted by the applicant, addressing the following:
[a] 
The cost of removing the solar energy system.
[b] 
The time required to decommission and remove the solar energy system and ancillary structures.
[c] 
The time required to repair any damage caused to the property by the installation and removal of the solar energy system.
[d] 
A detailed description of the site restoration work that shall be done.
[3] 
Security:
[a] 
The deposit, execution, or filing with the Town Clerk of a cash, bond, or other form of security reasonably acceptable to the Town Attorney and Town Bookkeeper, 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 Town shall hire an independent engineer or expert, at the applicant's cost, to provide a written report before construction begins, that determines the cost of removal and restoration and the bond amount necessary to secure those costs. The Town Code Enforcement Officer shall have this report updated every five years by independent engineer or expert at the expense of the owner of the Tier 3 energy system.
[b] 
In the event of default upon performance of such conditions, after proper notice and expiration of any cure periods, the cash deposit, bond, or security shall be forfeited to the Town, 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 in 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 herein.
(2) 
Site plan approval. If the Town Board approves a Solar Energy System Overlay District, the Planning Board shall consider a site plan using the criteria set forth in § 165-44 of the Town Code, as well as demonstrated compliance with the requirements of this section.
(a) 
Site plan standards:
[1] 
Lot size. The property on which the Tier 3 solar energy system is placed shall be at least 10 acres.
[2] 
Setbacks. The Tier 3 solar energy systems shall be set back:
[a] 
A minimum of 100 feet front yard setback and minimum 100 feet from an abutting lot when the property is in a Commercial, Industrial or Farm District, unless the Planning Board determines, by findings of fact, that additional setbacks are necessary based on the health, safety and welfare of the residents or based on the community character of a particular neighborhood or area.
[b] 
A minimum of 200 feet when the property is located in a Residential or Hamlet District (assuming a use variance has been granted by the Zoning Board of Appeals). The Zoning Board of Appeals, at its discretion, may vary the required dimensional setback of 200 feet to minimize environmental impacts created when locating ground-mounted solar energy systems within the dimensional regulations. In such instances the Zoning Board of Appeals may vary the setback to 100 feet or 200 feet from the nearest habitable building, whichever distance is more restrictive. The burden of proof for the grant of such variance shall always be upon the applicant.
[3] 
Height. No structure can exceed 15 feet, including solar energy systems at maximum tilt angle.
[4] 
Maximum landscape coverage:
[a] 
The total coverage of all buildings and structures on a lot, including Tier 3 ground-mounted solar energy systems, shall not exceed 50%.
[b] 
The following components of a Tier 3 solar energy system shall be included in the calculations for lot coverage requirements:
[i] 
Foundation systems, typically consisting of driven piles or monopoles or helical screws with or without small concrete collars.
[ii] 
All mechanical equipment of the solar energy system, including any pad-mounted structure for batteries, switchboard, transformer, or storage cells.
[iii] 
Paved access roads servicing the solar energy system.
(b) 
Fencing requirements. All mechanical equipment, including any structure for storage batteries, shall be enclosed by an eight-foot-high fence with a self-closing and self-locking gate to prevent unauthorized access.
(c) 
Screening and visibility. Applicants for Tier 3 solar energy systems shall be required to:
[1] 
Conduct a visual assessment of the visual impacts of the solar energy system on public roadways and adjacent properties. At a minimum, a line-of-sight profile analysis shall be provided. Depending upon the scope and potential significance of the visual impacts, additional impact analyses, including for example a digital view-shed report, may be required to be submitted by the applicant.
[2] 
Submit a screening and landscaping plan, prepared by a licensed landscape architect, 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 practicable from public roadways and adjacent properties to the extent feasible. The screening and landscape plan shall include 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.
(d) 
Agricultural resources. For projects located on lands zoned Farm:
[1] 
Any Tier 3 solar energy system shall not exceed 50% of the area of Prime Farmland, Unique Farmland or Farmland of Statewide Importance on the parcel as defined by federal or state law/regulation.
[2] 
To the maximum extent practicable, Tier 3 solar energy systems located in these Agricultural Districts shall be constructed in accordance with the construction requirements of the New York State Department of Agriculture and Markets.
[3] 
Tier 3 solar energy system owners shall develop, implement, and maintain native vegetation at a minimum of 50% pursuant to a vegetation management plan by providing native perennial vegetation and foraging habitat beneficial to game birds, songbirds, and pollinators. To the extent practicable, when establishing perennial vegetation and beneficial foraging habitat, the owners shall use native plant species and seed mixes. Such vegetation and landscaping shall be maintained during the life of the solar energy system.
(e) 
Ownership changes. If the owner or operator of the solar energy system changes or the owner of the property changes, the successor owner or operator assumes in writing all of the obligations of the site plan approval and decommissioning plan. A new owner or operator of the solar energy system shall notify the Code Enforcement Officer of such change in ownership or operator within 30 days of the ownership change.
(f) 
Solar energy systems shall be permitted only if they are determined by the Planning Board not to present any unreasonable safety risks, including but not limited to:
[1] 
Weight load;
[2] 
Wind resistance; and
[3] 
Ingress or egress in the event of fire or other emergency.
(g) 
Insurance. The applicant, owner, lessee or assignee shall maintain a current insurance policy which will cover installation and operation of the solar energy system at all times. Said policy shall provide a minimum of $2,000,000 property and personal liability coverage and shall list the Town as an additional insured.
I. 
Safety.
(1) 
Solar energy systems and solar energy equipment shall be certified under the New York State Uniform Fire Prevention and Building Code and applicable electrical codes as required.
(2) 
Solar energy systems shall be maintained in good working order and in accordance with industry standards. Site access shall be maintained, including snow removal at a level acceptable to the local fire department.
(3) 
The applicant shall coordinate with all relevant local fire departments to discuss emergency access and procedures.
J. 
Permit time frame and abandonment.
(1) 
The site plan approval for a solar energy system shall be valid for a period of 12 months, provided that a building permit is issued for construction. In the event construction is not completed in accordance with the final site plan, as may have been amended and approved, as required by the Town Board or Planning Board, within 12 months after approval, the applicant or the Town may extend the time to complete construction for 180 days. If the owner and/or operator fails to perform substantial construction after 24 months, the approvals shall expire.
(2) 
Upon cessation of electricity generation of a solar energy system on a continuous basis for 12 months, the owner and/or operator of the solar energy system shall implement the decommissioning plan. The decommissioning plan must be completed within 360 days of cessation.
(3) 
If the owner and/or operator fails to comply with decommissioning upon any abandonment, the Town may, at its discretion, utilize the bond and/or security for the removal of the solar energy system and restoration of the site in accordance with the decommissioning plan.
K. 
Referral to Environmental Conservation Commission. Upon receipt of an overlay district application, the Town Board shall e-mail and send via standard mail said application to the Environmental Conservation Commission ("ECC") for review and report. The ECC shall report back to the Town Board within 30 days of such referral. The time period within which the ECC shall be required to report back may be extended at the discretion of the Town Board. Failure by the ECC to report back to the Town Board within the specified time period shall be interpreted as indicating no objection to the application.
L. 
Fees. The application and developer fees for solar energy systems shall be established from time to time by resolution of the Town Board. No review of a solar energy system application may commence until such time as all application and developer fees have been paid.
M. 
Taxation. Pursuant to § 487 of the Real Property Tax Law, the Town shall require all applicants to enter into a contract for payments in lieu of taxes (PILOT) for all Tier 3 ground-mounted solar energy systems.
N. 
Enforcement. Any violation of this solar energy section shall be subject to the same enforcement requirements, including the civil and criminal penalties, provided for in Chapters 4, 93 and 165 of the Town Code.
O. 
Severability. The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.