A.
Compliance with other applicable laws and ordinances.
Other federal, state and local laws and ordinances applicable to buildings,
structures and uses shall be considered supplementary regulations
to the extent that any permit issued or approval granted under this
chapter shall be conditioned upon compliance with such other laws
and ordinances, including, but not limited to:
B.
Maximum number of buildings and structures.
(1)
The maximum number of buildings and structures to
be located on a lot shall be limited so that:
(a)
The total building area does not exceed the
maximum lot coverage specified for the given district.
(b)
Each building or structure complies independently
with the district's minimum setback requirements, all applicable supplementary
regulations and, when occupied or used by a special use, the standards
applicable thereto.
(2)
Minor accessory structures shall not be included in
the computation to total lot coverage.
C.
Maximum height of buildings and structures.
(1)
No principal building or structure shall have an average
height above surrounding grade in excess of 2 1/2 stories or
35 feet, whichever is less, except upon site plan approval by the
Planning Board. Silos, flagpoles, utility poles, residential chimneys
and roof-mounted radio and television antennae shall be exempt from
these restrictions.
[Amended 9-21-2009 by L.L. No. 2-2009]
(2)
Any building or structure thus approved or exempted
for a greater height shall be designed, constructed and anchored to
withstand toppling due to high winds or soil instability, collapse
due to heavy loading of ice and snow or their structural failure.
As part of site plan approval for such a building or structure, the
Planning Board may require setback distances from adjacent property
lines up to a distance equaling its height.
(3)
Boathouses shall not exceed a height of 12 feet measured
from the high water level on the water side of the boathouse.[7]
[Amended 9-2-2015 by L.L.
No. 1-2015]
[7]
Editor's Note: Former Subsection C(3), regarding
storage sheds, amended 6-1-1994 by L.L. No. 2-1994, was repealed 3-5-1997
by L.L. No. 2-1997. That local law also redesignated former Subsection
C(4) as Subsection C(3).
D.
Additional setback requirements. The following additional
setback requirements shall apply in all districts:
(1)
A detached accessory building or structure shall have
a setback of at least 10 feet from any principal building or structure.
When attached to a principal building or structure, an accessory building
or structure shall be deemed part thereof.
(3)
Minor accessory structures shall be exempt from all
setback requirements, except as specifically provided for signs, fences,
freestanding antennae and satellite dishes or as may be otherwise
determined by the Planning Board as part of a site plan approval.
E.
The maximum number of principal uses. There shall
be no more than one principal use per lot (e.g. one, one-family home
per residential lot or one home occupation per lot where permitted).
[Added 6-10-1992 by L.L. No. 2-1992]
F.
Storage sheds.
[Added 3-5-1997 by L.L. No. 2-1997]
(1)
Storage sheds shall be required to comply with all
setbacks otherwise applicable to the district in which they are located.
(2)
Height of storage shed shall be limited to 10 feet.
In the event that a storage shed shall be built in excess of 10 feet
tall, it must be set back an additional two feet for each additional
foot of height.
(3)
No storage shed shall be allowed in the front yard
in any zoning district, with the exception of Residential Shoreline
District and Residential Shoreline District 2 wherein sheds may not
be located any closer to the shoreline than the closest part of the
principal structure on the lot.
G.
Temporary uses and structures. Temporary permits may
be issued by the Zoning Enforcement Officer for a period not exceeding
six months for nonconforming uses incidental to housing and construction
projects, including such structures and uses as storage of building
materials and machinery, the processing of building materials and
a real estate office located on a tract being offered for sale, provided
that such permits are conditioned upon agreement by the owner or operator
to remove the structure or structures or use upon expiration of the
permit. Such permits may be renewed upon application to the Zoning
Enforcement Officer for an additional period of six months.
[Added 3-5-1997 by L.L. No. 2-1997]
A.
Irregularly Shaped Lots. Irregularly shaped lots shall
be considered a lot which is incapable, because of its configuration,
to meet the minimum frontage or depth requirements. For subdivision
purposes, such irregularly shaped lots may nonetheless still be subdivided
provided they meet the following criteria;
[Amended 5-5-1993 by L.L. No. 2-1993; 2-2-2005 by L.L. No.
1-2005]
(1)
The square footage of such lot shall meet the minimum
square footage required in the appropriate zoning district defined
as lot area.
(2)
The lot shall be capable of producing a window for
development when all setbacks are considered a minimum of 2,500 square
feet.
(3)
There shall be adequate and proper frontage on a road
to provide safe vehicular access.
(4)
There shall be sufficient area to provide for proper
separation of wells and septic and to support a proper septic system.
(5)
The width/depth ratio may deviate by up to 20% from
the standard.
(6)
The provisions of the subdivision shall not apply
to properties in the Residential Shoreline District.
B.
Lots served by public sewer and water within the Residential
Neighborhoods (RN) and Hamlet (H) Districts. The minimum lot width,
lot depth and side/rear setback requirements shall be reduced by 1/2.
If the lots are served by public sewer and water, such lots shall
be allowed an additional 10% of lot coverage.
C.
Corner lots.
(1)
A corner lot shall be subject to a front setback from
each of the intersecting roads or highways. In such cases, the additional
front setback shall be required in lieu of a side setback.
(2)
A corner lot shall also be subject to a visibility
triangle at the intersection wherein no fence, hedge, shrubs, advertising
or business sign or other object that would obscure visibility shall
exceed 2 1/2 feet in height. Said triangle shall be formed by
connecting an imaginary line between a point in each right-of-way
where such point is 30 feet from the point of intersection.
D.
Lots with curvilinear front lot lines.
(1)
The front lot line of a cul-de-sac lot or any other
lot located on the outside radius of a road or highway curve shall
be a minimum of 50 feet.
(2)
The rear lot line of any lot located on the inside
radius of a road or highway curve may be eliminated where the convergent
side lot lines intersect.
(3)
The front setback for any lot with a curved front
lot line shall be measured along a curved line parallel to such front
lot line.
E.
Through lots. The front and rear setbacks for existing
vacant through lots shall be determined by the Planning Board. Where
new through lots are created through subdivision approval by the Planning
Board, the front and rear setbacks for such lots shall be determined
by the Planning Board as part of the subdivision approval procedure.
F.
Residential infill lots. The front setback for a residential
infill lot shall be determined by the average setback of existing
residences on the same side of the road or highway within 300 feet.
However, in no event shall the setback be less than 20 feet, nor shall
a setback of greater than 60 feet be required.
G.
Shoreline lots. Any principal building or structure
to be located on a shoreline lot shall have a shoreline setback of
not less than the average shoreline setback of existing principal
buildings or structures on adjacent shoreline lots located within
75 feet of the vacant lot. In no event shall the shoreline setback
thus determined be less that 7 1/2 feet, nor shall a shoreline
setback of more than 40 feet be required.
[Amended 7-8-1992 by L.L. No. 5-1992]
H.
Flag lots.
(1)
The front lot line of a flag lot and the width of
the access therefrom shall be a minimum of 50 feet. Such access width
shall not be considered in determining the average lot width.
(2)
The front setback distance shall be measured from
that lot line of the main part of the flag lot which is closest to
the road or highway providing access.
I.
Access for future subdivision lots.
(1)
Where new frontage lots are divided from a larger
parcel by deed or subdivision, the remaining access to such parcel
shall be a minimum of 50 feet in width.
(2)
Where a new frontage lot thus divided is adjacent
to the only access for future subdivision of the remaining parcel,
the lot's side setback closest to such access shall be a minimum of
25 feet.
A.
Location. An individual manufactured home shall be
permitted as a one-family dwelling in any district.
B.
Construction and installation. A manufactured home
shall be subject to the following additional requirements:
(1)
Gross floor area; roof requirements; age limit.
[Amended 1-3-2001 by L.L. No. 1-2001]
(a)
Each manufactured home shall have a gross floor
area of at least 720 feet and a pitched roof (at least three feet
of rise for every 12 feet of run) composed of material customarily
used on site-built homes, such as fiberglass, painted metal roofing,
shake, asphalt or tile. A mobile home may be installed without a pitched
roof, provided that such roof is added within 60 days.
(b)
All used mobile/manufactured homes being placed
in the Town will require inspection by a certified home inspector
prior to site plan approval to insure the home meets standards. The
mobile/manufactured home shall also require a county inspection for
certificate of occupancy.
[Amended 9-21-2009 by L.L. No. 2-2009]
(2)
Each mobile home shall have the hitch assembly and
running lights removed and shall be installed with tie-down anchors
to a foundation or stand, as follows:
(a)
Mortared or bonded masonry blocks supported
on a footer reaching below the frost line;
(b)
A full concrete slab or reinforced concrete
runners four feet wide extending the full length of the mobile home,
at least six inches thick and supported by at least six inches of
compacted crusher run stone; or
(c)
At least 10 inches of compacted crusher-run
stone.
(d)
All used mobile/manufactured homes being placed
in the Town will require inspection by a certified home inspector
prior to site plan approval to insure the home meets standards. The
mobile/manufactured home shall also require a county inspection for
certificate of occupancy.
[Amended 1-3-2001 by L.L. No. 1-2001; 9-21-2009 by L.L. No.
2-2009]
(3)
Within 60 days from the date of installation, a mobile
home placed on a stand shall be provided with permanent fire retardant
skirting of a type appearing compatible with the mobile home.
A.
Location. No freestanding radio or television antenna
or satellite dish shall be placed in any front yard, except when a
rear or side yard placement is impractical due to inadequate yard
area or poor reception. No freestanding antenna shall exceed the height
of the principal building by more than 10 feet, except upon site plan
approval by the Planning Board. The arc of movement of a satellite
dish shall comply with the required side and rear setbacks.
B.
Safety. Each freestanding antenna or dish shall be
securely mounted on a concrete base adequate to support the unit and
to prevent it from toppling under heavy winds.
C.
Cables. All cable to the unit shall be buried underground.
A.
A home occupation may be conducted as an accessory
use for any dwelling unit, subject to the following restrictions:
(1)
It shall be conducted entirely within the dwelling
unit or an accessory building thereto.
(2)
It shall not occupy more than 25% of the floor area
of such dwelling unit or more than 50% of a structure accessory thereto.
(3)
It shall be conducted only by a person or persons
residing in the dwelling unit, and no more than one person not residing
therein shall be employed to work on the premises.
B.
The following shall not be allowed as home occupations:
A.
Regulations applicable to all signs.
(1)
Zoning permit. No sign shall be erected on any lot in any district without a zoning permit, unless such sign is listed as an exempt sign under Subsection D of this section.
(2)
Calculation of sign area. The sign shall be calculated
to include any frame around the sign face. The area of a double-faced
sign shall be calculated as the area of the larger fact. When individual
letters, numbers, symbols or logos are to be mounted directly to the
face a building or structure, the sign area shall be calculated as
the area of the smallest rectangle which will encompass such letters,
symbols, etc. Maximum sign area shall be the limit on area per face.
(3)
Safety. All signs shall be appropriately constructed
and securely supported, hung or otherwise affixed to prevent toppling
or separation in high winds.
(4)
Illumination.
(a)
An illuminated sign shall not employ flashing
or intermittent light and shall not cause glare that would hamper
a motorist's sight or spill excessive light onto an adjacent residential
property.
(b)
All internally illuminated signs shall be constructed
in compliance with the Standards for Electric Signs of Underwriters'
Laboratories, Inc. (UL No. 48), and shall bear the Underwriters' Laboratories
seal. If a sign does not bear such seal, it shall be inspected and
certified by the New York Board of Fire Underwriters. All transformers,
wires and related items shall be concealed.
(5)
Movement. No sign shall contain or consist of banners,
ribbons, pennants, streamers, spinners or any other oscillating, rotating
or moving components.
(6)
Maintenance. Each sign erected after the effective
date of this chapter shall be maintained in reasonable condition so
that its appearance will not detract from visual quality in the district
or the town.
(7)
Nonstructural signs. Any nonstructural sign painted,
pasted or otherwise affixed to the outer face of any building or structure
shall comply with the regulations of this section in the same manner
as a structural sign. No nonstructural sign shall be allowed on any
tree, rock face or other natural feature.
(8)
Off-premises signs. No off-premises signs shall be
allowed, other than as provided for certain exempt signs.
(9)
Removal of signs. When the use of a building, structure
or lot has ceased, the property owner or their person responsible
shall remove any signs left thereon, and any nonconforming sign supports
therefor shall be removed within 90 days. Any conforming sign supports
shall be removed if not used for a period of more than two years.
B.
Freestanding signs. Except as otherwise provided under Subsection D of this section, all freestanding signs shall comply with the following:
(1)
Maximum number per lot. No more than one freestanding
sign shall be permitted on any lot, except a corner lot or through
lot. A second freestanding sign shall be permitted on a corner lot
or through lot for the sole purpose of identifying access to the site
from the second road or highway serving such lot.
(2)
Maximum sign area.
(a)
Business or industrial uses. A freestanding
sign for business or industrial use shall be permitted an area of
24 square feet, plus four square feet for each 2,500 square feet of
gross floor area (GFA) on the lot, up to a maximum sign area of 40
square feet. On a corner lot or through lot, the area of the one additional
sign permitted shall not exceed one-half (1/2) of the allowable area
of the first sign.
(b)
Other uses. The maximum area of freestanding
signs for other uses shall not exceed 16 square feet.
(3)
Maximum height. The height of a freestanding sign
shall not exceed 20 feet above the surrounding grade.
(4)
Location.
(a)
No part of a freestanding sign shall be less
than 10 feet from the road right-of-way.
(b)
No freestanding sign shall be located such that
its face would obscure the line of sight of motorists either across
the visibility triangle of a corner lot or near a site's access or
egress points.
(c)
No freestanding sign shall obscure a scenic
view unless there is no other practical location available. In such
event, all reasonable effort shall be made to minimize the visual
impact in terms of size, height, type of materials used and landscaping.
(d)
No zoning permit shall be issued for a freestanding
sign where its location has not been approved by the Planning Board
as part of site plan approval.
(5)
Wiring. All wiring to freestanding signs shall be
buried underground.
C.
Building-mounted signs. Except as otherwise provided under Subsection D of this section, all building-mounted signs shall comply with the following:
(1)
Maximum sign area.
(a)
Business or industrial uses. The total area
of signs mounted on a building used for business or industry shall
not exceed one square foot of sign area for each linear foot of the
use's storefronts or building faces oriented towards a road right-of-way.
(b)
Other uses. The total area of signs mounted
on a building used for uses other than business or industry shall
not exceed one-half (1/2) square foot of sign area for each linear
foot of the use's storefronts or building faces oriented towards a
road right-of-way.
(2)
Maximum height. The vertical dimension of a building-mounted
sign's face shall not exceed two feet, plus an additional one-half
(1/2) foot for each 25 feet of setback from the road right-of-way.
(3)
Roof signs. No part of a roof-mounted sign or its
frame shall extend above the highest elevation of the roof.
(4)
Projecting signs. No building-mounted sign shall extend
more than five feet from any building or structure.
D.
Exempt signs. The signs listed hereunder shall be exempt from site plan approval and zoning permit requirements. Such signs shall be on-premises, nonilluminated and in compliance with the regulations under Subsections A through C of this section, unless otherwise indicated. The singular indicates that only one sign is allowed.
(1)
Historical signs, memorial signs and emblems of government
agencies and/or a religious institution or nonprofit organization
sign; sign area not to exceed six square feet.
(2)
Flags and insignia of any government not displayed
as a commercial promotion.
(3)
Warning signs and directional signs for the convenience
of the general public; sign area not to exceed two square feet and
height not to exceed six feet above grade.
(4)
A residential house number and/or name plate; sign
area not to exceed two square feet.
(5)
A home occupation sign; sign area not to exceed four
square feet.
(6)
Garage or lawn sale signs, an auction sign or similar
privately owned items for-sale signs, which may be on- or off-premises
and shall be removed within one week of the sale.
(7)
A limited business sign; sign area not to exceed 16
square feet.
(8)
Temporary "for sale" and "for rent" signs for the
real estate or premises on which the sign is located; sign area not
to exceed six square feet for a one- or two-family dwelling, 12 square
feet for a multiple family dwelling or 24 square feet for any other
use or combination of uses; and sign shall be removed within one week
after the sale or rental occurs.
(9)
A motor vehicle inspection station sign, gasoline
pump price signs or other signs required by state or federal law;
sign area not to exceed the minimum area required thereby.
(10)
Directional signs for meetings, conventions
or their events; sign area not to exceed 12 square feet. Signs may
be on- or off-premises and shall be removed within one week after
such meeting, convention or event concludes.
(11)
Election posters, banners and similar signs;
sign area not to exceed four square feet on any residential property
or 16 square feet on any other property. Signs may be on- or off-premises,
shall be limited to a period of up to 60 days prior to a primary,
district or general election and shall be removed within one week
thereafter.
A.
General requirements for off-street parking facilities.
(1)
No parking facility shall be located within the right-of-way
of a public road or highway.
(2)
Each parking facility shall be constructed to all-weather
standards with at least six inches of compacted crusher-run stone.
Such facility shall be adequately drained and maintained free to bumps,
ruts or other problems which could diminish the safety, ease or convenience
of its use.
(3)
The minimum separation between any parking facility
and the nearest external property line or the road right-of-way shall
be 10 feet, except when greater separation is required for a site
plan or special use.
(4)
A parking space shall measure at least nine feet by
18 feet.
(5)
Each parking space shall be served by a parking aisle,
except when it is part of a driveway for a one- or two-family dwelling.
A required parking aisle shall have a minimum width according to parking
angle, as follows:
B.
Parking spaces required by type of use. Each use shall
be provided with the minimum number of parking spaces specified below:
[Amended 9-21-2009 by L.L. No. 2-2009]
|
Use
|
Parking Space
| |
|---|---|---|
|
Animal care facilities
|
4 spaces per veterinarian, plus 1 per employee
| |
|
Barbershops, beauty salons or similar uses
|
3 spaces per barber, beautician or other person
providing cosmetic service
| |
|
Doctors'/dentists' offices
|
5 spaces per doctor/dentist, plus 1 per employee
| |
|
Funeral homes
|
1 space for each 3 seats1
| |
|
Home occupations
|
2 spaces (or 3 with an employee living off-premises)
| |
|
Hotels or motels
|
1 space for each sleeping room up to 20 rooms,
plus 2 for each 3 additional rooms thereafter, plus 1 for each 3 seats1 (banquet or meeting room)
| |
|
Institutional uses
|
1 space per 200 square feet of gross floor area
(offices), plus 1 for each 5 beds (medical care), plus 1 for each
3 seats1 (public assembly), plus 1 per
employee
| |
|
Laundromats
|
2 spaces for each 3 washers
| |
|
Limited businesses
|
3 spaces, plus 1 per employee living off-premises
| |
|
Offices, banks or administrative nonretail uses
|
3 spaces, plus 1 space per 250 square feet of
gross floor area
| |
|
One-, two- or multiple-unit family dwellings
|
2 spaces per dwelling
| |
|
Recreation facilities, indoor or outdoor
|
1 space for each 2 participants, plus 1 space
for each 3 spectators1
| |
|
Restaurants, bars, night clubs or similar establishments
|
1 space for each 3 seats,1 plus 1 per employee
| |
|
Retail stores/shops up to 20,000 square feet
of gross floor area
|
1 space per 150 square feet of gross floor area,
plus 1 per employee
| |
|
Rooming or boarding houses
|
1 space per sleeping room
| |
|
Shopping centers
|
1 space per 200 square feet of gross floor area
| |
|
All other uses
|
2 spaces for each 3 employees based on a maximum
shift, plus 1 per 200 square feet gross floor area (if retail sales
areas are involved), plus 1 for each 3 seats1 (if public assembly is involved)
|
|
NOTES:
| |
|---|---|
|
1 Based on maximum
capacity.
|
C.
Loading facilities.
(1)
Each building or structure having a gross floor area
(GFA) greater than 5,000 square feet and used or intended to be used
for any industrial or business use involving the receipt and/or distribution
of materials by delivery trucks and/or tractor trailers shall be provided
with one or more loading docks or berths.
(2)
The number, size and location of such docks or berths
shall be determined through site plan approval. All such facilities
shall have adequate space for loading or unloading vehicles without
using any portion of a public road right-of-way or blocking any internal
driveway.
A.
The designated Freshwater Wetlands of Dexter Marsh
and Sherwin Bay Marsh shall be subject to a special wetland buffer
measuring 200 feet from their boundaries.
B.
Any proposed development or land use activity that
would be located within a special wetlands buffer shall be subject
to prior site plan approval by the Planning Board.
A.
Fences. Fences may be erected on any lot in any district.
With the exception of fences for an agricultural use, all fences shall
be subject to a zoning permit issued for compliance with the following
restrictions:
(1)
No fence shall exceed six feet in height, except pursuant
to site plan approval.
(2)
No fence located within the minimum front setback
shall exceed four feet in height, or two and one-half (2 1/2)
feet in height within the visibility triangle of a corner lot. Any
fence on the shoreline shall not exceed four feet in height within
20 feet of the high-water mark.
[Amended 6-1-1994 by L.L. No. 2-1994]
B.
Lighting. All outside lighting shall be located, directed
or shielded in a manner that will prevent bothersome glare from spilling
into an adjacent dwelling or a public road or highway.
C.
Vegetative cover. The stripping of vegetative cover
shall be prohibited on any lot in any district, except for a customary
agricultural operation, a landscape nursery, development or grading
of an individual lot, installation of subdivision improvements or
public utility facilities or private gardening. Any area thus stripped
of vegetative cover and not planted with crops, plants or other nursery
stock shall be seeded and covered with clean straw within three weeks
from the date of completion of such work. Where weather conditions
or the duration of the work would make seeding impractical and thus
leave bare soil exposed to erosion for longer than six weeks, such
soil shall be covered with clean straw until seeded and covered again.
D.
Private roads and rights-of-way. No fence shall be
erected within 12 1/2 feet of the center line of a private road
or right-of-way or road. Any existing fences existing within 12 1/2
feet of a private road or right-of-way shall be removed and abated
no later than January 1, 2007.
[Added 11-8-2001 by L.L. No. 3-2001]
[Amended 6-10-1992 by L.L. No. 2-1992; 9-21-2009 by L.L. No.
2-2009]
A.
Camping. No travel trailers, campers, motor homes
or tents shall be used for overnight camping, except as follows:
(1)
Tents allowed on private lot provided that occupancy is limited to
personal use (property owner or others with owner's consent) and not
conducted as a business; and further provided that sewage disposal
and water supply facilities are either self-contained or available
within an existing dwelling on the subject lot or one adjacent thereto.
(2)
Campers.
(a)
Residential properties.
[1]
One recreational camper may be stored outside as an accessory
use to a principal building existing on the same lot if owned by the
real property owner or his tenant, or by an immediate family member
residing on the real property. No external modifications or additions
may be made to any recreational camper.
[2]
One recreational camper may be occupied on any parcel of land
owned by the registered recreational camper's owner or by a member
of his immediate family upon evidence that the owner can meet the
following conditions:
[a]
Adequate potable and sanitary water supply.
[b]
Adequate septic and sewage facilities for the actual
use and demand.
[c]
The lot area and setbacks for the applicable zone
must be met.
[d]
The recreational camper must remain registered,
licensed, and inspected for highway use.
[e]
At all times the recreational camper must remain
capable of use on public highways.
[f]
No recreational camper shall be located any closer
to the shoreline than the closest part of the principal structure
on the lot or the principal structure of any adjoining properties.
(b)
Vacant properties.
[1]
No external modifications or additions may be made to any recreational
camper. If no principal building or structure occupies the same lot
or parcel, no buildings or structures defined as accessory building
or structures may be placed on that lot or parcel.
[2]
One recreational camper may be located on any vacant parcel
of land owned by the registered recreational camper's owner or by
a member of his immediate family for no more than 30 days. After 30
days, a recreational camper permit is to be issued by the Zoning Enforcement
Officer upon evidence that the owner can meet the following conditions:
[a]
The recreational camper may not be located on the
premises from December 1 until March 31.
[b]
Adequate potable and sanitary water supply.
[c]
Adequate septic and sewage facilities for the actual
use and demand.
[d]
The lot area and setbacks for the applicable zone
must be met.
[e]
The recreational camper must remain registered,
licensed and inspected for highway use.
[f]
At all times the recreation camper must remain
capable of use on public highways.
[g]
The permit shall be for April 1 through November
30 and shall be prominently displayed on the recreational camper so
that it may be seen from the exterior of the vehicle.
[h]
No recreational camper shall be located any closer
to the shoreline than the closest part of the principal structure
of any adjoining properties.
(3)
Any recreational camper which as of the date of adoption of this
section are not in compliance shall have 100 days from adoption to
come into compliance.
(4)
Campground. In a campground for which a special use permit and site
plan have been approved by the Planning Board.
B.
Interim dwelling. The Zoning Officer may issue a zoning
permit for the temporary installation of a mobile home to be used
and occupied as an interim dwelling during construction of a new site-built
residence or reconstruction of an existing residence which has been
destroyed or rendered uninhabitable by fire, flood or other hazard.
Issuance of a zoning permit for an interim dwelling shall be subject
to the following:
(1)
Issuance of a zoning permit for the site-built residence
shall be required prior to issuance of a zoning permit for the interim
dwelling.
(3)
The zoning permit for the interim dwelling shall be
marked "temporary" and shall expire 24 months from date of issuance.
The Zoning Officer shall revoke such permit if either of the following
occurs:
(4)
The interim dwelling shall be removed within 30 days
of expiration or revocation of the temporary permit.
A.
The minimum lot area shall contain at least 15,000
square feet per dwelling unit (7,500 square feet per unit if served
by public sewer and water facilities).
B.
All buildings and structures shall be located at least
50 feet from any adjacent residential property line and at least 20
feet from any other side or rear property line.
C.
All internal driveways and parking areas shall be
located at least 25 feet from any adjacent residential property line
and provided with a suitable buffer therefrom. Parking areas shall
be located at least 40 feet from the road right-of-way and at least
15 feet from any other external property line.
D.
At least 25% of the lot area shall be retained in
one or more outdoor recreation areas suitable for the residents of
the multiple-family dwellings. Such recreation areas shall be located
at least 50 feet from any adjacent residential property line and provided
with a suitable buffer therefrom.
A roadside produce stand may be located with
a setback of 20 feet from the road right-of-way, provided that such
stand and any parking therefor is located at least 75 feet from any
external side property line.
Any outdoor recreation activity proposed as
an accessory use for a permitted site plan use shall be located at
least 75 feet from any external side or rear property line and provided
with a suitable buffer therefrom.
[Added 4-2-1997 by L.L. No. 3-1997]
A.
Flea markets shall be permitted only in the AR-3 District
and only following site plan review and approval by the Town Planning
Board.
B.
In determining whether to grant such approval, the
Planning Board shall give substantial weight to the following factors:
(1)
Suitability of the use to the general neighborhood
and adjacent properties.
(2)
Any adverse effect upon public safety, particularly
as related to possible traffic and pedestrian hazards.
(3)
Any adverse effect on public health, such as
vermin and litter.
(4)
Any public nuisance arising from the proposed
use.
(5)
Any adverse effect upon the aesthetics or scenic
environment of the area.
C.
Any flea market facility shall be so designed, buffered
and screened so that noise, odors, litter, dust or lighting glare
shall not affect adjacent or nearby properties.
D.
All sanitary facilities shall be built and maintained
in accordance with the regulations of the New York State Departments
of Health and Environmental Conservation.
E.
Off-street parking facilities shall be provided in accordance with the requirements of § 165-27 of this article.
F.
All signs shall be designed, built and maintained in accordance with the requirements of § 165-27 of this chapter.
G.
All buildings, structures and accessory uses shall
be set back a minimum of 50 feet from the front line and 100 feet
from all other property lines.
[Added 10-7-1998 by L.L. No. 2-1998]
A.
Shared use and preexisting structures.
(1)
At all times, shared use of existing towers
shall be preferred to the construction of new towers. Additionally,
where such shared use is unavailable, location of antennas of preexisting
structures shall be considered. An applicant shall be required to
present an adequate report inventorying existing towers within reasonable
distance of the proposed site and outlining opportunities for shared
use of existing facilities and use of other preexisting structures
as an alternative to new construction.
(2)
An applicant intending to share use of an existing
tower shall be required to document intent from an existing tower
owner to share use. The applicant shall be responsible for all fees
and costs of adapting an existing tower or structure to a new shared
use.
(3)
Location on existing towers or structures shall
be allowed by issuance of a building permit, provided that the new
facilities do not cause any nonconformities.
B.
New towers.
(1)
The Board shall consider a new tower only when
the applicant demonstrates that shared use of existing tall structures
and existing or approved towers is impractical. An applicant shall
be required to present an adequate report inventorying all existing
tall structures and existing or approved towers within a reasonable
distance of the proposed site. This distance shall be determined by
the Board in consultation with the applicant. The report shall outline
opportunities for shared use of the existing facilities as an alternative
to a proposed new tower. The report shall demonstrate good faith efforts
to secure shared use from the owner of each existing tall structure
and existing or approved tower, as well as documentation of the physical,
technical and/or financial reasons why shared use is not practical
in each case. Written requests and responses for shared use shall
be provided.
(2)
The applicant shall design a proposed new tower
to accommodate future demand for reception and transmitting facilities.
The applicant shall submit to the Board a letter of intent committing
the owner of the proposed new tower, and his/her successors in interest,
to negotiate in good faith for shared use of the proposed tower by
other telecommunication providers in the future. Failure to abide
by the conditions outlined in the letter may be grounds for revocation
of the site plan approval. The letter shall commit the new tower owner
and his/her successors in interest to:
(a)
Respond within 90 days to a request for information
from a potential shared-use applicant.
(b)
Negotiate in good faith concerning future requests
for shared use of the new tower by other telecommunication providers.
(c)
Allow shared use of the new tower if another
telecommunication provider agrees in writing to pay reasonable charges.
The charge may include but is not limited to a pro rata share of the
cost of site selection planning, project administration, land cost,
site design, construction and maintenance financing, return on equity
and depreciation, and all of the costs of adapting the tower or equipment
to accommodate a shared user without causing electromagnetic interference.
No portion of the tower itself may be used for signage or advertising.
A sign not to exceed 32 square feet shall be permissible on accessory
buildings or fences.
(3)
New tower design. The design of a proposed new
tower shall comply with the following:
(a)
Any new tower shall be designed to accommodate
future shared use by other telecommunication providers.
(b)
The Board may request a review of the application
by a qualified engineer in order to evaluate the need for, and the
design of, any new tower.
(c)
No portion of the tower itself shall be used
for signage or other advertising purposes. A sign not to exceed 32
square feet shall be permitted on accessory buildings or fences.
(4)
Setbacks and lot size.
(a)
The setback for towers shall be 110% of the
tower's height, unless the developer can provide an engineer's report
indicating a smaller debris fall zone; then a smaller setback can
be provided.
(b)
Guy wire anchors shall be set back from property
lines the same distance as accessory structures.
(c)
Minimum lot size will be determined by setback
requirements.
(d)
Accessory buildings shall meet the minimum setback
for accessory structures in the underlying district.
(e)
If the project property is leased, then any
required setbacks shall be measured from the lease lines as identified
on the site plan.
(5)
Aesthetics. In order to minimize any adverse
aesthetic effect on neighboring residences to the extent possible,
the Planning Board may impose reasonable conditions on the applicant,
including the following:
(a)
The Planning Board may require a monopole or
guyed tower (if sufficient land is available to applicant) instead
of a freestanding communications tower.
(b)
The Planning Board may require reasonable landscaping
consisting of trees or shrubs to screen the base of the communications
tower and/or to screen the tower to the extent possible from adjacent
residential property. Existing on-site trees and vegetation shall
be preserved to the maximum extent possible.
(c)
The Planning Board may require the applicant
to show that it has made good faith efforts to collocate on existing
towers or other available and appropriate structures and/or to construct
new towers near existing towers in an effort to consolidate visual
disturbances. However, such request shall not unreasonably delay the
application.
(d)
Towers should be designed and sited so as to
avoid, whenever possible, application of Federal Aviation Administration
(FAA) lighting and painting requirements. Towers shall not be artificially
lighted except as required by the Federal Aviation Administration
(FAA). Towers shall be painted a galvanized finish or matte gray unless
otherwise required by the FAA. The Board reserves the right to require
lighting for safety purposes, even if not required by FAA regulations.
(e)
No tower shall contain any signs or advertising
devices.
(6)
Accessory facilities. Accessory facilities shall
maximize use of building materials, colors and textures designed to
blend with the natural surroundings.
(7)
Vegetation. Existing on-site vegetation shall
be preserved to the maximum extent possible.
(8)
Access and parking. A road and parking will
be provided to assure adequate emergency and service access.
(9)
Fencing. The tower or facility and any accessory
structures, including guy anchors, shall be adequately enclosed by
a fence, a minimum of eight feet in height, design of which shall
be approved by the Board. This requirement may be waived by the Board
if the applicant demonstrates that such measures are unnecessary to
ensure the security of the tower or facility.
(10)
Radio-frequency effects. The Planning Board
recognizes that federal law [Telecommunications Act of 1996, Public
Law 104-104, Section 704 (February 8, 1996] prohibits the regulation
of cellular and Personal Communications Systems (PCS) communications
towers based on the environmental effects of radio frequency emissions
where those emissions comply with the Federal Communications Commission
(FCC) standards for those emissions. The Planning Board may, however,
impose a condition on the applicant that the communications antennas
be operated only at Federal Communications Commission (FCC) designated
frequencies and power levels.
C.
Removal. The applicant shall submit to the Board a
letter of intent committing the tower or facility owner, and his/her
successors in interest, to notify the Enforcement Officer within 30
days of the discontinuance of use of the tower or facility. This letter
shall be filed with the Enforcement Officer prior to issuance of a
permit. obsolete or unused towers or facilities and accessory structures
shall be removed from any site within four months of such notification.
Failure to notify and/or remove the obsolete or unused tower or facility
in accordance with these regulations shall be a violation of this
chapter.
D.
Intermunicipal notification. In order to keep neighboring
municipalities informed, and to facilitate the possibility of directing
that any existing tall structures or existing towers in a neighboring
municipality be considered for shared use, the Board shall require
that:
(1)
An applicant who proposes a tower or facility
shall notify, in writing, the legislative body of each municipality
within the Town and each municipality that borders the town, the Jefferson
County Planning Department and the Director of Jefferson County Emergency
Services. Notification shall include the exact location of the proposed
tower or facility and a general description of the project, including
but not limited to the height of the tower or facility and its capacity
for future shared use.
(2)
Documentation of this notification shall be
submitted to the Board at the time of application.
E.
Notification of landowners. The applicant shall be
required to mail notice of the public hearing directly to all landowners
whose property is located within 500 feet of the lot line on which
a tower or facility is proposed. Notification, in all cases, shall
be made by certified mail at least 10 days prior to the public hearing
or after public hearing or issuance of permit.
F.
Additional submission requests.
(1)
In addition to the site plan review requirements,
the applicant shall be required to submit:
(a)
A completed visual environmental assessment
form (visual EAF addendum).
(b)
A Federal Communications Commission (FCC) license.
(c)
Documentation on the proposed intent and capacity
of use, as well as a justification for the height of any tower or
facility and justification for any vegetative clearing required.
(2)
The Board may require the applicant to submit:
[Added 6-5-2002 by L.L. No. 2-2002]
A.
Buildings, occupancies and general exterior storage
sites which, by their very nature, occupancy or use can contribute
to a loss of life or create a potential environmental hazard.
B.
Materials not otherwise covered in this article which
are highly flammable; or which may react to cause fires or explosions;
or which by their presence create or augment a fire or explosion hazard;
or which, because of their toxicity, flammability or liability to
explosion, render fire fighting abnormally dangerous or difficult.
C.
Flammable liquids which are chemically unstable and
which may spontaneously form explosive compounds or undergo spontaneous
reactions of explosive violence or with sufficient evolution of heat
to be a fire hazard.
D.
Any chemical compound (example NACI) which, if allowed
to permeate the ground, would contaminate the groundwater.
E.
Underground storage facilities: new installations.
Included in the application must be a description for any new installation
to be constructed and how it will afford maximum reasonable protection
available against leakage or spillage of any toxic or hazardous material.
F.
Aboveground storage facilities: new installations.
Included in the application must be shown the following:
(1)
The design, constructions and maintenance of
the tank or other storage in a manner which will prevent discharge
of fluids contained to either the land or surface waters on the property.
(2)
The constructions of impervious dikes surrounding the tanks or other storage facilities as required on the other appropriate protective devices. Refer to Subsection I, Additional requirements.
(3)
Drainage control from the dike area.
(4)
Overfill detection system.
G.
Portable containers and tanks: storage. The application
must show that the hazardous material will be stored on a nonpermeable
chemical resistant surface compatible with the matter being stored.
It should also show that the storage area is completely enclosed with
an impervious berm. It should show that indoor storage will be required.
In case of outdoor storage, this will be allowed only upon the written
permission of the Town Engineer of the Town of Brownville and the
Town Planning Board.
H.
The applicant must show:
(1)
That storage sites for hazardous materials must
be posted with warning notices and safety information.
(2)
That storage facilities and piping must be clearly
labeled with the contents near points of filling and drawing and on
the individual aboveground tanks or storage facilities.
(3)
That any unauthorized discharge or spill of
hazardous material will be reported to the state and federal authorities
within two hours of detection.
(4)
That upon a discharge or spill of hazardous
material, the owner of the facility must take immediate steps to stop
the discharge, reclaim or properly dispose of the discharge materials,
restore the environment and repair any physical damage caused by the
discharge.
I.
Additional requirements.
(1)
All storage, handling, transport and transfer
of hazardous material must comply with all state and federal regulations
as well as comply with generally accepted standards.
(2)
No open storage whatsoever; this includes materials
on motor vehicles or other means of transport.
(3)
All off- and onloading of solid chemicals must
occur within the storage building.
(4)
Building to be designed by a New York State
licensed engineer/architect. Said design to comply with all federal,
state and local regulations. Said design will be reviewed by the Town
Engineer at the applicant's expense. The Town Engineer will notify
the Town of his comments. The Town Engineer will not be involved in
any manner except to review the completed plans submitted by the applicant.
(5)
In the event of a conflict between regulations
established by the federal, state or local government, the most restrictive
regulation will take precedence over all other regulations.
(6)
The building to be constructed will be designed
so that the floor of the building will be a minimum of five feet below
grade.
(7)
Building will have a three-foot berm surrounding
the building except for the truck entrance.
(8)
A nonpermeable liner will be installed under
the building floor and extend up to the top of the surrounding berm.
(9)
All trucks or motor vehicles operating in conjunction
with the business will comply with all federal and State of New York
motor vehicle regulations.
(10)
A buffer zone will be established around the
perimeter of the parcel being used. The buffer shall consist of evergreen/cedar
hedge-type plants. Plants will be located approximately eight feet
within the property line and planted at no greater than 10 feet on
center. The buffer zone must be 1,000 feet from any residentially
used property.
[Added 9-21-2009 by L.L. No. 2-2009]
Setbacks for open burning and recreational fires, including
fire pits, burning barrels, chimineas, etc., shall not be within the
setbacks for the zoned area. Open burning and recreational fires must
also comply with all applicable provisions to the New York State Fire
Code, which specifies no open fires within 25 feet of any structure.
[Added 10-1-2014 by L.L.
No. 3-2014]
A.
Rooftop and building-mounted solar collectors are permitted in all
zoning districts in the Town of Brownville, subject to the following
conditions:
(1)
Such system shall not extend more than five feet above the existing
peak of the roof except in the RS District, for which the limit shall
be three feet.
(2)
Rooftop solar units must be set back at least three feet from
all roof boundaries unless part of the roofing material itself.
(3)
Roof structures must be engineered to support the solar collector
weight in addition to other weight-bearing requirements.
(4)
The applicant must submit modeling showing that reflection from
the rooftop or building-mounted solar collectors will not cause undue
reflection onto neighboring properties. Where appropriate, such reflection
information must also be shown not to interfere with aviation.
(5)
The applicant must also provide modeling showing that there
will be no undue heat production as a result of such units for either
the structure on which they are mounted or for neighboring properties.
(6)
The solar units installed must be accessory to the structure
on which they are located and be intended to provide electrical power
of no more than 110% of that needed for such structure. Such units
may not be used and operated as a commercial business for resale to
others.
B.
Ground-mounted racks and freestanding solar collectors mounted on
a pole are permitted as accessory structures in all zoning districts,
subject to the following conditions:
(1)
All ground-mounted racks and freestanding solar collectors shall
be treated as structures and subject, therefore, to all setbacks applicable
to structures.
(2)
Additionally, all ground-mounted racks or freestanding solar
collectors must be set back a distance at least equal to the height
at its highest point of such rack or free solar collectors provided
that maximum height shall not exceed 20 feet at full tilt.
(3)
Ground-mounted structures must be engineered to support the
solar collector weight in addition to other weight-bearing requirements.
(4)
No ground-mounted racks or freestanding solar collectors mounted
on poles shall be located any closer to the waterfront than the line
of the principal building closest to the water already on the property
and set back from the road the same distance as setback for principal
structure.
(5)
Such solar systems must be designed to provide no more than
110% of the power needed for the structures or the uses on the property
on which they are located and may not be used and operated as a commercial
business or for resale to others.
(6)
The applicant for such ground-mounted rack or freestanding solar
collectors mounted on poles must provide modeling showing that reflection
from such panels will not cause undue reflection onto neighboring
properties. Where appropriate, such reflection information must also
be shown not to interfere with aviation or traffic.
(7)
The applicant must also provide modeling showing that there
will be no undue heat production as a result of such units for either
the structure on which they are mounted or for neighboring properties.
(8)
The applicant must also show that ground-mounted racks and freestanding
solar collectors mounted on poles will not provide an undue impact
on the viewshed of neighboring properties.
C.
All solar arrays, whether roof-mounted or ground-mounted racks or
freestanding solar collectors on poles, must be installed according
to all manufacturers' specifications and to all county and state regulations.
D.
Application for residential or agricultural use shall be reviewed
for compliance with this section by the Zoning Officer who may issue
a permit. Applications for all other types of uses shall be referred
to the Planning Board for special permit approval.
[Added 6-7-2017 by L.L.
No. 3-2017]
A.
WECS general requirements.
(1)
No wind energy facility (WEF) shall be constructed, reconstructed,
modified, or operated in the Town of Brownville except in compliance
with this section.
(2)
No WEF shall be constructed, reconstructed, modified, or operated
in the Town of Brownville except with a wind energy facility special
use permit approved pursuant to this section.
(3)
No wind measurement tower shall be constructed, reconstructed,
modified, or operated in the Town of Brownville except pursuant to
a wind energy facility special use permit issued pursuant to this
section.
(4)
No small wind energy conversion system shall be constructed,
reconstructed, modified, or operated in the Town of Brownville except
pursuant to a wind energy facility special use permit issued pursuant
to this section.
(5)
This section shall apply to all areas of the Town of Brownville
where wind energy facilities are permitted with proper review by the
Town of Brownville Zoning Ordinance.
(6)
Exemption. No permit or other approval shall be required under
this section for mechanical, nonelectrical WECS utilized solely for
agricultural operations.
(7)
Notwithstanding the requirements of this section, replacement
in kind or modification of a wind energy facility may occur without
Town Board approval when there will be:
(8)
The Town of Brownville Planning Board (hereinafter referred
to as the "Planning Board") is hereby authorized to review and either
approve, approve with condition, or disapprove applications for wind
energy facilities as a special permit use.
B.
Wind energy facilities for which a required permit has been properly
issued and upon which construction has commenced prior to the effective
date of this section shall not be required to meet the requirements
of this section; provided, however, that
(1)
Any such preexisting wind energy facility which does not provide
energy for a continuous period of 12 months shall meet the requirements
of this section prior to recommencing production of energy.
(2)
No modification or alteration to an existing wind energy facility
shall be allowed without full compliance with this section.
(3)
Any wind measurement tower existing on the effective date of
this section shall be removed no later than 36 months after said effective
date, unless a wind energy facility special use permit is issued for
said wind measurement tower.
C.
WECS permits. No application for a commercial wind energy facility
special use permit shall be complete until the following materials
are received by the Planning Board, in acceptable form, unless specifically
waived by the Planning Board. Such information shall be in addition
to and not instead of any information required by the Town of Brownville,
under any related local law or ordinance, including but not limited
to the Town of Brownville Zoning Law.
(1)
Name, address, telephone number of the applicant. If the applicant
is represented by an agent, the application shall include the name,
address and telephone number of the agent as well as an original signature
of the applicant authorizing the representation.
(2)
Name, address, telephone number of the property owner. If the
property owner is not the applicant, the application shall include
a letter or other written permission signed by the property owner:
(3)
Address, or other property identification, of each proposed
WECS tower location, including Tax Map section, block and lot number.
(4)
A description of the project, including the number and maximum
rated capacity of each WECS.
(5)
A plot plan prepared by a licensed surveyor or engineer drawn
in sufficient detail to clearly describe the following:
(a)
Property lines and physical dimensions of the site;
(b)
Location, approximate dimensions and types of major existing
structure and uses on the site, public roads, and adjoining properties
within 500 feet of the boundaries of the proposed WECS site.
(c)
Location and elevation of each proposed WECS.
(d)
Location of all aboveground utility lines on the site or within
one radius of the total height of the WECS tower, transformers, power
lines, interconnection point with transmission lines, and other ancillary
facilities or structures.
(e)
Location and size of structures above 35 feet within a five-hundred-foot
radius of each proposed WECS. For purposes of this requirement, electrical
transmission and distribution lines, antennas and slender or open
lattice towers are not considered structures.
(f)
To demonstrate compliance with the setback requirements of this
section, circles drawn around each proposed WECS tower location equal
to:
(g)
Location of each residential structure, both on the site and
off the site, that is located within 2,500 feet from the nearest individual
WECS tower, as well as the specific distance from the nearest individual
WECS tower to each residential structure.
(h)
All proposed facilities, including access roads, electrical
lines, substations, storage or maintenance units, and fencing.
(6)
Vertical drawing of the WECS tower showing total height, turbine
dimensions, tower and turbine colors, ladder, distance between ground
and lowest point of any blade, location of climbing pegs, and access
doors. One drawing may be submitted for each WECS tower of the same
type and total height.
(7)
Landscaping plan depicting existing vegetation and describing
any areas to be cleared and the specimens proposed to be added, identified
by species and size of specimen at installation and their locations.
(8)
Lighting plan showing any FAA-required lighting as well as all
other proposed lighting. The application should include a copy of
any determination by the Federal Aviation Administration to establish
required markings and/or lights for each structure that is part of
the facility; but if such determination is not available at the time
of the application, no building permit for any lighted facility may
be issued until such determination is submitted.
(9)
List of property owners, with their mailing addresses, within
500 feet of the boundaries of the proposed site.
(10)
Decommissioning plan. The applicant shall submit a decommissioning
plan, which shall include the following information at a minimum:
(a)
The anticipated life of the WECS;
(b)
The estimated decommissioning costs in current dollars;
(c)
How said estimate was determined;
(d)
The method of ensuring that funds will be available for decommissioning
and restoration;
(e)
The method, such as by annual re-estimate by a licensed engineer,
by which the decommissioning cost will be kept current; and
(f)
The manner in which the WECS will be decommissioned and the
site restored, which shall include, at a minimum, the removal of all
structures and debris to a depth of three feet, restoration of the
soil, and restoration of vegetation (consistent and compatible with
surrounding vegetation), less any fencing or residual minor improvements
requested by the landowner.
(11)
Complaint resolution. The application will include a complaint
resolution process to address complaints from nearby residents. Complaints
shall be submitted to a committee to include a representative from
the developer, a representative from the Town Board or Planning Board,
and a representative at large. The applicant shall make every reasonable
effort to resolve any complaint. There shall be a time limit for submitting
a complaint limited to one year following the origination of the complaint.
(12)
An application shall include, at a minimum, the following information
relating to the construction/installation of a wind energy conversion
facility:
(13)
Complete Part I of the full EAF.
(14)
Applications for wind energy facility special use permits for
wind measurement towers subject to this section may be jointly submitted
with the WECS application.
(15)
For each proposed WECS tower, include make, model, picture and
manufacturer's specifications, including noise decibels data; include
manufacturer's Material Safety Data Sheet documentation for the type
and quantity of all materials used in the operation of all equipment,
including, but not limited to, all lubricants and coolants.
(16)
If the applicant agrees in writing in the application that the
proposed WECS may have significant adverse impact on the environment
and submits a draft environmental impact statement (DEIS), the Planning
Board shall issue a positive declaration of environmental significance.
(17)
The following information must be submitted by the applicant,
either with the application or, in the event of a positive declaration
under SEQRA, as part of any DEIS submitted by the applicant with respect
to the application for a wind energy facility special use permit.
Studies conducted by a qualified consultant as to each of the following
impacts or potential impacts, which study or studies shall include,
at a minimum, a detailed analysis of the existing conditions, any
potential adverse impacts, and the measures to be taken by the applicant
to mitigate or eliminate such impacts. The impacts/issues to be addressed
by the studies shall include at a minimum the following: shadow flicker,
visual impact; fire protection and emergency response; noise assessment;
avian and bats analysis; property values; electromagnetic interference;
transportation impacts; groundwater impacts; and cultural resources.
(18)
The applicant shall, prior to the receipt of a wind energy facility
special use permit, provide proof that it has executed an interconnection
agreement with the New York independent system operator and the applicable
transmission owner.
(19)
A statement, signed under penalty of perjury, that the information
contained in the application is true and accurate.
(20)
In addition to the materials required in accordance with this
section, complete applications should include any additional study
or assessment determined to be required by the lead agency during
review of the project pursuant to SEQRA. No application shall be determined
to be complete until the DEIS is submitted and accepted by the Planning
Board as complete.
(21)
The applicant must show that it has consulted with the United
States Department of Army/Fort Drum about any impacts of the project
on its airfield traffic, aircraft radar and/or future trainings.
D.
Standards for WECS. The following standards shall apply to all WECS:
(1)
All power collection and transmission lines from the tower to
any building or substation shall be located underground. Where possible,
all such lines should follow existing utility rights-of-way. Where
it is not possible to follow existing utility rights-of-way, such
underground lines shall be a minimum of 200 feet from any residence.
For good cause shown, an applicant may request a variance from the
Zoning Board of Appeals of strict adherence to these conditions; provided,
however, that the Zoning Board of Appeals may impose reasonable conditions
on any such variances, including additional setbacks for overhead
lines.
(2)
No television, radio or other communication antennas may be
affixed or otherwise made part of any WECS, except pursuant to the
Town Code.
(3)
In order to minimize any visual impacts associated with commercial
wind energy facilities, no advertising signs are allowed on any part
of the commercial wind energy facility, including fencing and support
structures.
(4)
Lighting of tower. No tower shall be lit except to comply with
FAA requirements. Minimum security lighting for ground-level facilities
shall be allowed as approved on the wind energy facility development
plan.
(5)
All applicants shall use measures to reduce the visual impact
of WECSs to the extent possible. WECSs shall use tubular towers. All
structures in a project shall be finished in a single, nonreflective
matte finished white or gray in color. Multiple WECSs within a WECS
project shall be constructed using wind turbines whose appearance,
with respect to one another, is similar within and throughout the
project, to provide reasonable uniformity in overall size, geometry,
and rotational speeds. No lettering, company insignia, advertising,
or graphics shall be on any part of the tower, hub, or blade.
(6)
The use of guy wires is disfavored. A WECS using guy wires for
tower support shall incorporate appropriate measures to protect the
guy wires from damage which could cause tower failure.
(7)
No WECS shall be installed in any location where its proximity
with existing fixed broadcast, retransmission, or reception antennas
for radio, television, or wireless phone or other personal communication
systems would produce electromagnetic interference with signal transmission
or reception. No WECS shall be installed in any location along the
major axis of an existing microwave communications link where its
operation is likely to produce electromagnetic interference in the
link's operation. If it is determined that a WECS is causing electromagnetic
interference, the operator shall take the necessary corrective action
to eliminate, within three months of being notified, this interference,
including relocation or removal of the facilities, or resolution of
the issue with the impacted parties. Failure to remedy electromagnetic
interference is grounds for revocation of the wind energy facility
use permit for the WECS or WECSs causing the interference.
(8)
All solid waste and hazardous waste and construction debris
shall be removed from the site and managed in a manner consistent
with all appropriate rules and regulations.
(9)
WECSs shall be designed to minimize the impacts of land clearing
and the loss of open space areas. Land protected by conservation easements
shall be avoided. The use of previously developed areas will be given
priority wherever possible. All topsoil disturbed during construction,
reconstruction or modification of WECS shall be stockpiled and returned
to the site upon completion of the activity which disturbed the soil.
(10)
WECSs shall be located in a manner that minimizes significant
negative impacts on rare animal species in the vicinity, particularly
bird and bat species, including those that may be listed by United
States Fish and Wildlife Service as threatened or endangered.
(11)
Commercial wind energy facilities shall be located in a manner
consistent with all applicable state and federal laws and regulations.
(12)
Stormwater run-off shall be managed in a manner consistent with
all applicable state and federal laws and regulations.
(13)
The maximum total height of any WECS shall be 600 feet.
(14)
Any substation used in conjunction with a WECS shall be sited
in a manner that will have the least intrusive impact upon adjacent
residences and shall be sheltered and/or screened with a physical
barrier and/or vegetation in a manner to eliminate its views from
such residences. The Planning Board shall assess such siting in accordance
with the requirements of this section and the Town's Zoning Law.
(15)
Construction of the WECS shall be limited to the hours of 7:00
a.m. to 7:00 p.m., Monday through Friday, unless prior written approval
of the Planning Board is received to allow deviation from such hours.
(16)
In processing any application for a WECS or in reviewing such
project under SEQRA, the Planning Board shall consider any applicable
policy or guideline issued by the New York State DEC (i.e., visual
impacts, noise impacts).
(17)
Turbine blades shall pass no closer than 30 feet to the ground
during operation of the facility.
(18)
To the greatest extent possible WECSs, together with all aboveground
facilities, underground cables and wires, and all permanent access
roads shall be positioned along existing fence lines, hedgerows or
tree rows and/or as near the edge of any fields as possible to minimize
disruption to pasture land or tillable land. Following construction,
the site shall be graded and seeded and restored to its preconstruction
condition or better. During construction, the developer shall be required
to act consistent with best agricultural practices to ensure the post-construction
integrity of the site.
(19)
Blasting; wells.
(a)
The company, contractors or subcontractors responsible for siting
and construction of any WECS shall inspect and videotape all residential,
commercial, farm or other buildings within 1,000 feet of the wind
turbine site if any blasting is to be conducted.
(b)
In addition, all residential wells within 1,000 feet of a wind
turbine site shall be tested for quality and quantity before any turbine
is installed.
(20)
The New York State Department of Agriculture and Markets guidelines
for agricultural mitigation for wind power projects shall be adhered
to, both inside and outside of agricultural districts.
E.
Required safety measures.
(1)
Each WECS shall be equipped with both manual and automatic controls
to limit the rotational speed of the rotor blade so it does not exceed
the design limits of the rotor.
(2)
Appropriate warning signs shall be posted. At least one sign
shall be posted at the base of the tower warning of electrical shock
or high voltage. A sign shall be posted on the entry area of fence
around each tower or group of towers and any building (or on the tower
or building if there is no fence), containing emergency contact information.
The Town Planning Board may require additional signs based on safety
needs.
(3)
No climbing pegs or tower ladders shall be located closer than
12 feet to the ground level at the base of the structure for freestanding
single-pole or guyed towers.
(4)
The minimum distance between the ground and any part of the
rotor or blade system shall be 30 feet.
(5)
WECSs shall be designed to prevent unauthorized external access
to electrical and mechanical components and shall have access doors
that are kept securely locked at all times.
(6)
Existing snowmobile and/or ATV trails shall be posted by the
developer to warn of potential ice throw dangers from the WECS. The
WECS developer/owner shall provide periodic emergency training for
fire and ambulance personnel for proper protocols in responding to
emergencies at the WECS. Such training shall take place no less frequently
than annually.
F.
Traffic routes.
(1)
Construction of WECSs poses potential risks because of the large-size
construction vehicles and their impact on traffic safety and their
physical impact on local roads. Construction and delivery vehicles
for WECSs and for associated facilities shall use traffic routes established
as part of the application review process. Factors in establishing
such corridors shall include: 1) minimizing traffic impacts from construction
and delivery vehicles, including impacts on local residential areas;
2) minimizing WECS-related traffic during times of school bus activity;
3) minimizing wear and tear on local roads; and 4) minimizing impacts
on local business operations. Wind energy special use permit conditions
may limit WECS-related traffic to specified routes, and include a
plan for disseminating traffic route information to the public.
(2)
The applicant is responsible for repair of all damage to Town
roads occurring during the construction or maintenance of a WECS.
A public improvement bond shall be posted prior to the issuance of
any zoning permit in an amount, determined by the Planning Board,
in consultation with the Town Board, sufficient to compensate the
Town for any damage to local roads.
(3)
Prior to any construction, the developer will provide the Town
with a list of all state, county, Town and village roads that will
be subject to travel by vehicles hauling any materials or items related
to the installation of WECS. Included with this list of roads will
be a videotape of the road with appropriate landmarks making identification
of the road unquestionable.
G.
Noise standards for commercial wind energy facilities.
(1)
Intent.
(a)
Brownville is a quiet area, where nighttime background sound
levels are routinely less than 30dB, and it is a community that values
peace and quiet, which is an important part of rural life. Loud, annoying
and persistent noise is disruptive to the well-being of people living
in the vicinity of a WECS and is in some cases deleterious to their
health. To preserve and protect peace and quiet, the Town hereby declares
its intent to regulate noise in accordance with the widely recognized
acoustic standards.
(b)
Regulating noise requires more than preventing unnecessarily
loud noise; it also recognizes that the quality and character of noise
both contribute significantly to annoyance. Noises that are distinctly
different from natural background sound, those with impulsive, tonal
or modulating elements, are further restricted.
(c)
These regulations are intended to be used, if the need arises,
for any source of loud, annoying or unhealthy noise.
(2)
Noise sources. The types of sources of noise that this regulation
is designed to regulate in Brownville include, but are not limited
to:
(3)
Exemptions to regulations. The following noises are deemed beyond
the scope and intent of the Town to regulate and are not subject to
this section:
(a)
Any noise intended to warn the public or indicate the existence
of an emergency condition, including any warning device, siren, horn
or whistle used by emergency vehicles or by any governmental agency
to alert the public to an emergency or warn of a danger.
(b)
Any noise intended to stay within limits set by and under the
jurisdiction of any state or federal act preempting local regulation.
(c)
Mechanized noise from farming and agricultural operations.
(d)
Noise generated by or produced in association with a religious
celebration or observance, parades, or other special municipal events.
(e)
Noise from gas-powered electric generators used during power
outages.
(f)
Construction equipment used between 7:00 a.m. and 9:00 p.m.,
except in emergency situations.
(g)
Nonindustrial noise that is considered a part of normal personal
activities, such as, but not limited to, motor vehicles, boats and
yard care.
(4)
Requirements.
(a)
The equivalent noise level (LEQ) generated by a noise source
shall not exceed the limits listed in Table 9 when measured at the
property line.
|
Table 9
| ||||
|---|---|---|---|---|
|
Daytime
7:00 a.m. to 7:00 p.m.
|
Evening
7:00 p.m. to 10:00 p.m.
|
Nighttime
10:00 p.m. to 7:00 a.m.
| ||
|
A-weighted (dB)
|
45
|
40
|
35
| |
|
C-weighted (dB)
|
63
|
58
|
53
| |
(b)
In all cases, the corresponding C-weighted limit shall be the
operable A-weighted limit (from Table 9) plus 18dB.
(c)
In the event audible noise due to any operation contains a steady
pure tone, such as a whine, screech, or hum, the standards for audible
noise set forth in Table 9 shall be reduced by seven dB; and the standards
shall be reduced by 12dB for highly impulsive noise (ANSI S12.9 Pt.
4).
(5)
Predicting noise impacts. At the discretion of the Planning
Board, an application shall include certification by an independent
acoustical engineer as to the predicted A- and C-weighted sound levels
at potentially impacted residential property lines. The firm with
which the engineer is associated shall be a member of the National
Council of Acoustical Consultants (NCAC) with a specialty in environmental
noise, and the independent acoustical engineer shall be a member,
Board-certified, of the Institute of Noise Control Engineering of
the USA. The predicted noise levels shall then be reviewed by the
Town's consulting engineer, or his/her agent, to establish the validity
of the predicted impacts.
(6)
Noise enforcement for WECSs.
(a)
Enforcement shall be by measurement and not subject to the timing
constraints. The Town, using the services of the Town Engineer, shall
be responsible for and shall contract for any enforcement measurements.
The Town's engineering contractor shall be a member of the National
Council of Acoustical Consultants (NCAC) with a specialty in environmental
noise, and the consultant's project leader shall be a member, Board-certified,
of the Institute of Noise Control Engineering of the USA. The following
protocol may be modified, as certain situations may require, by the
acoustical engineer as long as modifications are in general conformance
with the procedure described below.
(b)
Initially, a preliminary study shall be conducted for a period
of 30 minutes. During the thirty-minute period, the equivalent level
(LEQ) generated by the noise source shall be measured. The measurement
location shall be on complainant's property line, nearest the noise
source. Measurements shall be entirely within the appropriate time
period, e.g., during nighttime for nighttime enforcement, and the
noise source shall operate continuously (if normal operation) during
the thirty-minute measurement.
(c)
If the noise source is intermittent or if the noise is not present
at the time of the preliminary enforcement survey, a more extensive
and detailed survey shall be undertaken to monitor noise levels over
a longer period. The subject to the complaint shall fully cooperate
with Town officials and their agents to ensure accurate measurements,
including turning on and off as required.
(d)
For both types of surveys, the microphone shall be situated
between four feet and 4.5 feet above the ground. Measurements shall
be conducted within the general provisions of ANSI S1.13-2005 and
using a meter that meets at least the Type 2 requirements of ANSI
S1.4 and S1.4A-1985 (R2006). The instrument noise floor shall be at
least 10dB below the lowest level measured.
(e)
A calibrator shall be used as recommended by the manufacturer
of the sound-level meter. The fundamental level of the calibrator
and the sensitivity of the sound-level meter shall be verified annually
by a laboratory using procedures traceable to the National Institute
of Standards and Technology.
(f)
A wind screen shall be used as recommended by the sound-level
meter manufacturer.
(g)
An anemometer shall be used and shall have a range of at least
five to 15 miles per hour (2.2 to 6.7 meters per second) and an accuracy
of at least ± two miles per hour (± 0.9 meter per second).
(h)
For the detailed, long-term study, a compass shall be used to
measure wind direction to at least an eight-point resolution: N, NE,
E, SE, S, SW, W, NW. Measurements shall be A-weighted or, alternatively,
in one-third-octave bands. For A-weighted measurements, the uncertainty
(tolerance) of measurements, shall be one dB for a Type 1 meter and
two dB for a Type 2 meter. For one-third-octave-band measurements,
the meter shall meet the Type 1 requirements of ANSI S12.4 and S12.4a-1985
(R2006), and the uncertainty of measurements shall be five dB in each
and every one-third-octave band.
(i)
For all measurements, the surface wind speed, measured at a
height of 1.5 meters, shall be less than five m/s.
(j)
The report shall include a sketch of the site showing distances
to the structure(s), the property line, etc., and several photographs
showing the structure(s), the property, and the acoustical instrumentation.
All instrumentation shall be listed by manufacturer, model and serial
number. This instrumentation listing shall also include the A-weighted
and C-weighted noise floor due to weather or other natural phenomena
and the one-third-octave-band noise floors, if utilized, for each
sound-level meter used.
(7)
Noise complaint resolution process.
(a)
All complaints shall be directed to the Town Zoning Enforcement
Officer, who will respond to the complainant within five business
days after receipt of such complaint. The Zoning Enforcement Officer
shall keep a log of any such complaints received.
(b)
Any complaints which cannot be resolved during the initial response
shall be subsequently directed to the Town Engineer for investigation,
and any such investigation shall be undertaken with the full cooperation
of the person/applicant/operator.
(c)
If the complaint includes the character or quality of noise,
then any subsequent investigation shall use best practices to evaluate
the overall level, tonal, and/or temporal nature of the noise prompting
the complaint. The noise source will be shut down as may be needed
to properly assess noise impacts.
(d)
Testing shall commence within 10 business days of the report
of the initial investigation, but ultimately testing will be predicated
upon conditions that facilitate adequate measurement of the noise
source. Testing shall compare actual noise measurements at complainant's
property line with and without noise source to confirm operation complies
with noise limits established in Table 9. If sound levels of the noise
source exceed sound levels with noise source off by more than five
dB, then the noise shall be deemed out of compliance with this regulation.
H.
Setback waivers.
(1)
In the event a commercial wind energy facility does not meet
a setback requirement or exceeds noise or other criteria established
in this section as it existed at the time of the wind energy facility
special use permit is granted, a waiver may be granted from such requirement
by the Planning Board under the same analysis applied to an area variance.
(2)
Written consent from the affected property owners shall be obtained
stating that they are aware of the wind energy facility and the noise
and/or setback limitations imposed by this section, and that that
consent is granted to allow:
(3)
In order to advise all subsequent owners of the burdened property,
the consent in the form required for an easement shall be recorded
in the County Clerk's office describing the benefited and burdened
properties. Such easements shall be permanent and shall state that
they may not be revoked without the consent of the Town Board, which
consent shall be granted upon either the completion of the decommissioning
of the benefited WECS in accordance with this subsection; or the acquisition
of the burdened parcel by the owner of the benefited parcel or the
WECS.
(4)
Waivers granted under this section differ from waiver requests under Subsection P of this section in that no Subsection P waiver is required if a waiver is given under this section, and an Subsection P waiver must be sought rather than a waiver under this subsection if the adjoining property owner will not grant an easement pursuant to this subsection.
I.
Setback requirements for WECSs.
(1)
The following minimum requirements shall apply to any tower,
turbine, windmill, building housing mechanical components or electrical
substation that is part of any commercial wind energy facility, unless
a variance has been granted by the Zoning Board of Appeals. The following
minimum standards do not apply to the transmission or collection system
components of such WECS, except for electrical substations.
(2)
Each WECS shall be set back from site boundaries, measured from
the center of the applicable component part of the WECS, the following
minimum distances:
(a)
Two and five-tenths times the height of the tower to the highest
point with the blade in the fully upright position or 1,500 feet,
whichever is more.
(b)
Two and five-tenths times the height of the tower from any residence
on a participating property or 1,500 feet, whichever is more.
(c)
Two and five-tenths times the height of the tower from any right-of-way
of any Town, county or New York State highway, village boundary, church
or school or 1,500 feet, whichever is more.
(3)
The Planning Board reserves the right, where circumstances dictate,
to impose higher setbacks if necessary to achieve compliance with
noise levels.
(4)
The foregoing notwithstanding, setbacks shall be double the
otherwise required setback from any wildlife management area as designated
by New York State in or near the Town of Brownville, including, but
not limited to, the Perch River Wildlife Management Area, the Ashland
Flats Wildlife Management Area, the French Creek Wildlife Management
Area, the Point Peninsula Wildlife Management Area and the Chaumont
Barrens.
J.
Issuance of Wind Energy Special Use Permits for WECSs.
(1)
Upon completion of the review process, the Planning Board shall,
upon consideration of the standards in this section and the record
of the SEQRA review, issue a written decision with the reasons for
approval, conditions of approval or disapproval fully stated.
(2)
The decision of the Planning Board shall be filed within five
days in the office of the Town Clerk and a copy mailed to the applicant
by first class mail.
(3)
If any permit is approved, and the commercial wind energy facility
is not substantially commenced within one year of issuance of the
wind energy facility special use permit, the wind energy facility
special use permit shall expire.
K.
Abatement.
(1)
If any WECS remains nonfunctional or inoperative for a continuous
period of one year, the applicant agrees that, without any further
action by the Planning Board, the applicant shall decommission and
remove said system at its own expense. Removal of the system shall
include, at a minimum, the removal of the entire aboveground structure,
including transmission equipment and fencing, from the property. This
provision shall not apply if the applicant demonstrates to the Planning
Board that it has been making good-faith efforts to restore the WECS
to an operable condition, but nothing in this provision shall limit
the Town's ability to order a remedial action plan after public hearing.
(2)
Decommissioning bond or fund. The applicant, or successors,
shall continuously maintain a fund or bond payable to the Town of
Brownville, in a form approved by the Town Attorney, for the removal
of nonfunctional towers and appurtenant facilities, in an amount to
be determined by the Town Board, for the period of the life of the
facility. This fund may consist of a letter of credit from a State
of New York licensed financial institution. All costs of the financial
security shall be borne by the applicant. All decommissioning funding
requirements shall be met prior to commencement of construction.
L.
Limitations on Approvals; Easements on Town Property.
(1)
Nothing in this section shall be deemed to give any applicant
the right to cut down surrounding trees and vegetation on any property
to reduce turbulence and increase wind flow to the commercial wind
energy facility. Nothing in this section shall be deemed a guarantee
against any future construction or Town approvals of future construction
that may in any way impact the wind flow to any commercial wind energy
facility. It shall be the sole responsibility of the facility operator
or owner to acquire any necessary wind flow or turbulence easements,
or rights to remove vegetation.
(2)
Pursuant to the powers granted to the Town to manage its own
property, the Town may enter into noise, setback, or wind flow easements
on such terms as the Town Board deems appropriate, as long as said
agreements are not otherwise prohibited by state or local law.
M.
Permit revocation.
(1)
Operation. A WECS shall be maintained in operational condition
at all times, subject to reasonable maintenance and repair outages.
"Operational condition" includes meeting all noise requirements and
other permit conditions. Should a WECS become inoperable, or should
any part of the WECS be damaged, or should a WECS violate a permit
condition, the owner or operator shall remedy the situation within
90 days after written notice from the Town Planning Board. The applicant
shall have 90 days after written notice from the Town Planning Board
to cure any deficiency. The Planning Board may extend the ninety-day
cure for good cause shown.
N.
Wind measurement towers. As a wind site assessment is typically conducted
to determine the wind speeds and the feasibility of using particular
sites, installation of wind measurement towers, also known as "anemometer
("Met") towers," shall be permitted in accordance with this subsection.
(1)
Applications for wind measurement towers. An application for
wind measurement towers shall include:
(a)
Name, address, telephone number of the applicant. If the applicant
is represented by an agent, the application shall include the name,
address and telephone number of the agent as well as an original signature
of the applicant authorizing the representation.
(b)
Name, address, telephone number of the property owner. If the
property owner is not the applicant, the application shall include
a letter or other written permission signed by the property owner:
(c)
Address of each proposed tower location, including Tax Map section,
block and lot number.
(d)
Proposed development plan and map.
(e)
Decommissioning plan, including a security bond for removal.
(2)
Standards for wind measurement towers.
(a)
The distance between a wind measurement tower and the property
line shall be at least 1.5 times the total height of the tower. Sites
can include more than one piece of property and the requirement shall
apply to the combined properties. Exceptions for neighboring property
are also allowed with the consent of those property owners.
(b)
Wind energy facility special use permits for wind measurement
towers may be issued for a period of up to 26 months. Permits may
be renewed if the facility is in compliance with the conditions of
the special use permit.
(c)
Anchor points for any guy wires for a wind measurement tower
shall be located within the property that the system is located on
and not on or across any aboveground electric transmission or distribution
lines. The point of attachment for the guy wires shall be sheathed
in bright orange or yellow covering from three feet to eight feet
above the ground.
(d)
The New York State Department of Agriculture and Markets guidelines
for agricultural mitigation for wind farm projects shall be adhered
to both inside and outside of agricultural districts.
O.
Small wind energy conversion systems. The purpose of this subsection
is to provide standards for small wind energy conversion systems designed
for home, farm, and small commercial use on the same parcel, and that
are primarily used to reduce consumption of utility power at that
location. The intent of this subsection is to encourage the development
of small wind energy conversion systems and to protect the public
health, safety, and community welfare.
(1)
Application requirements for small WECS. Applications for small
wind energy conversion systems shall include:
(a)
Name, address, telephone number of the applicant. If the applicant
will be represented by an agent, the name, address and telephone number
of the agent as well as an original signature of the applicant authorizing
the agent to represent the applicant.
(b)
Name, address, telephone number of the property owner. If the
property owner is not the applicant, the applicant shall include a
letter or other written permission signed by the property owner:
(c)
Address of each proposed tower location, including Tax Map section,
block and lot number.
(d)
Evidence that the proposed tower height does not exceed the
height recommended by the manufacturer or distributor of the system.
(e)
A line drawing of the electrical components of the system in
sufficient detail to allow for a determination that the manner of
installation conforms to the Building Code of the State of New York.
(f)
Sufficient information demonstrating that the system will be
used primarily to reduce consumption of electricity at that location.
(g)
Written evidence that the electric utility service provider
that serves the proposed site has been informed of the applicant's
intent to install an interconnected customer-owned electricity generator,
unless the applicant does not plan, and so states so in the application,
to connect the system to the electricity grid.
(h)
A visual analysis of the small WECS as installed, which may
include a computerized photographic simulation, demonstrating the
visual impacts from nearby strategic vantage points. The visual analysis
shall also indicate the color treatment of the system's components
and any visual screening incorporated into the project that is intended
to lessen the system's visual prominence.
(2)
Development standards for small WECS. All small wind energy
conversion systems shall comply with the following standards. Additionally,
such systems shall also comply with all the requirements established
by other sections of this section that are not in conflict with the
requirements contained in this subsection.
(a)
A system shall be located on a lot a minimum of one acre in
size; however, this requirement can be met by multiple owners submitting
a joint application.
(b)
Small wind energy conversion systems shall be used primarily
to reduce the on-site consumption of electricity.
(c)
Tower heights may be allowed as follows:
[1]
Maximum of 200 feet.
[2]
The allowed height shall be reduced if necessary
to comply with all applicable Federal Aviation Administration requirements,
including Subpart B (commencing with Section 77.11) of Part 77 of
Title 14 of the Code of Federal Regulations regarding installations
close to airports.
(d)
The maximum turbine power output is limited to 100 KW.
(e)
The system's tower and blades shall be painted a nonreflective,
unobtrusive color that blends the system and its components into the
surrounding landscape to the greatest extent possible and incorporate
nonreflective surfaces to minimize any visual disruption.
(f)
The system shall be designed and located in such a manner as
to minimize adverse visual impacts from public viewing areas.
(g)
Exterior lighting on any structure associated with the system
shall not be allowed except that which is specifically required by
the Federal Aviation Administration.
(h)
All on-site electrical wires associated with the system shall
be installed underground except for "tie-ins" to a public utility
company and public utility company transmission poles, tower and lines.
This standard may be modified by the Planning Board if the project
terrain is determined to be unsuitable due to reasons of excessive
grading, biological impacts, or similar factors.
(i)
The system shall be operated such that no disruptive electromagnetic
interference is caused. If it has been demonstrated that a system
is causing harmful interference, the system operator shall promptly
mitigate the harmful interference or cease operation of the system.
(j)
At least one sign shall be posted on the tower at a height of
five feet warning of electrical shock or high voltage and harm from
revolving machinery. No brand names, logo or advertising shall be
placed or painted on the tower, rotor, generator or tail vane where
it would be visible from the ground, except that a system or tower
manufacturer's logo may be displayed on a system generator housing
in an unobtrusive manner.
(k)
Towers shall be constructed to provide one of the following
means of access control, or other appropriate method of access:
[1]
Tower-climbing apparatus located no closer than
12 feet to the ground.
[2]
A locked anti-climb device installed on the tower.
[3]
A locked, protective fence at least six feet in
height that encloses the tower.
[4]
A locked entrance to the interior of the tower
in which a climbing device is located.
(l)
Anchor points for any guy wires for a system tower shall be
located within the property that the system is located on and not
on or across any aboveground electric transmission or distribution
lines. The point of attachment for the guy wires shall be enclosed
by a fence six feet high or sheathed in bright orange or yellow covering
from three feet to eight feet above the ground.
(m)
Construction of on-site access roadways shall be minimized.
Temporary access roads utilized for initial installation shall be
regraded and revegetated to the pre-existing natural condition after
completion of installation.
(n)
To prevent harmful wind turbulence from existing structures,
the minimum height of the lowest part of any horizontal axis wind
turbine blade shall be at least 30 feet above the highest structure
or tree within a radius of 250 feet. Modification of this standard
may be made when the applicant demonstrates that a lower height will
not jeopardize the safety of the wind turbine structure.
(o)
All small wind energy conversion system tower structures shall
be designed and constructed to be in compliance with pertinent provisions
of the Uniform Fire Prevention and Building Code.
(p)
All small wind energy conversion systems shall be equipped with
manual and automatic over-speed controls. The conformance of rotor
and over-speed control design and fabrication with good engineering
practices shall be certified by the manufacturer.
(3)
Standards for small WECS. Small wind energy conversion systems
shall comply with the following standards:
(a)
Setback requirements. A small WECS shall not be located closer
to a property line than 1 1/2 times the total height of the WECS.
(b)
Noise. Except during short-term events, including utility outages
and severe wind storms, a small WECS shall be designed, installed,
and operated so that noise generated by the system shall not exceed
ambient noise levels (exclusive of the development proposed) by more
than five dBA at the nearest property line to any proposed small WECS.
Sites can include more than one piece of property and the requirement
shall apply to the combined properties. In the event the ambient sound
pressure level exceeds 50 dBA, independent certification shall be
provided before and after construction demonstrating compliance with
this requirement.
(4)
Abandonment of use of small WECS.
(a)
A small WECS which is not used for 12 successive months shall
be deemed abandoned and shall be dismantled and removed from the property
at the expense of the property owner. Failure to abide by and faithfully
comply with this subsection or with any and all conditions that may
be attached to the granting of any building permit shall constitute
grounds for the revocation of the special use permit by the Town Planning
Board.
(b)
All small WECS shall be maintained in good condition and in
accordance with all requirements of this section.
P.
Waivers.
(1)
The Town Planning Board may, after a public hearing (which may
be combined with other public hearings on wind energy facilities,
so long as the waiver request is detailed in the public notice), grant
a waiver from the strict application of the provisions of this section
if, in the opinion of the Town Planning Board, the grant of said waiver
is in the best interests of the Town of Brownville. The Planning Board
may consider as reasonable factors in evaluating the request, which
may include, when applicable, the impact of the waiver on the neighborhood,
including the potential detriment to nearby properties, the benefit
to the applicant, feasible alternative, and the scope of the request.
(2)
The Planning Board may attach such conditions as it deems appropriate
to waiver approval as it deems necessary to minimize the impact of
the waiver.
Q.
Miscellaneous regulations for wind energy facilities.
(2)
Wind energy facility special use permits. The Town believes
the review of permits requires specific expertise for those facilities.
Accordingly, the Board may require the developer to post a fund to
cover administrative costs, plus the amount charged to the Town by
the outside consultant and/or attorney hired by the Town of Brownville
to review the plans and inspect work. In the alternative, the Town
and the applicant may enter into an agreement for an inspection and/or
certification procedure for these unique facilities. In such case,
the Town and the applicant will agree to a fee arrangement and escrow
agreement to pay for the costs of the review of the plans, certifications
or conduct inspections as agreed by the parties.
(3)
Nothing in this section shall be read as limiting the ability
of the Town to enter into host community agreements with any applicant
to compensate the Town for expenses or impacts on the community. The
Town shall require any applicant to enter into an escrow agreement
to pay the engineering and legal costs of any application review,
including the review required by SEQRA.
(4)
Inspections.
(a)
Wind energy facilities shall not begin operation until all approvals
required under this section are obtained and all required certifications
are provided.
(b)
Following the issuance of any approval required under this section,
the Zoning Enforcement Officer shall have the right to enter onto
the site upon which a wind energy facility has been placed, at reasonable
times, in order to inspect such facility and its compliance with this
section.
(c)
After undertaking such inspection, the Zoning Enforcement Officer
shall provide notice of any noncompliance with the terms of this section
or the conditions of approval of any permit issued hereunder, and
shall provide the owner or applicant with a reasonable time frame
to cure such violation, such time frame to be determined based upon
the seriousness of the violation, its impact upon public safety, and
the impact of the violation upon residents of the Town.
(5)
Construction-related damage from WECSs. The owner of every wind
energy facility constructed pursuant to this section shall, to the
extent practicable, repair or replace all real or personal property,
public or private, damaged during the construction of such facility.
(6)
Enforcement; penalties and remedies for violations for WEFs.
(a)
The Town Board shall appoint such Town staff or outside consultants
as it sees fit to enforce and implement this section.
(b)
Any person owning, controlling or managing any building, structure
or land who shall undertake a wind energy facility in violation of
this section or in noncompliance with the terms and conditions of
any permit issued pursuant to this section, or any order of the enforcement
officer, and any person who shall assist in so doing, shall be guilty
of an offense and subject to a fine of not more than $350 or to imprisonment
for a period of not more than six months, or subject to both such
fine and imprisonment. Every such person shall be deemed guilty of
a separate offense for each week such violation shall continue. The
Town may institute a civil proceeding to collect civil penalties in
the amount of $350 for each violation, and each week said violation
continues shall be deemed a separate violation.
(c)
In case of any violation or threatened violation of any of the
provisions of this section, including the terms and conditions imposed
by any permit issued pursuant to this section, in addition to other
remedies and penalties herein provided, the Town may institute any
appropriate action or proceeding to prevent such unlawful erection,
structural alteration, reconstruction, moving and/or use, and to restrain,
correct or abate such violation, to prevent the illegal act.
(7)
Certification. Prior to operation of any approved and constructed
wind energy facility, the applicant must provide a certification that
the project complies with applicable codes, industry practices and
conditions of approval (where applicable).
[Added 8-1-2018 by L.L.
No. 1-2018]
B.
Large solar photovoltaic energy systems may be allowed as a second
principal use on a lot, or on a lot as the only principal use, The
prohibition against two principal uses on a lot shall not apply to
the systems.
C.
It is recognized that such projects may encompass more than one property.
In the event that any project encompasses more than one property,
then setback requirements shall not be required from property lines
of a property participating in the project.
D.
Such systems shall be set back a minimum distance of 100 feet from
any roadway or 50 feet from any side or rear line. If the solar panels
face the roadway or side or rear lines, the setback distance shall
be doubled.
E.
The maximum height shall be 20 feet when tilted. to full extension.
F.
Proximity to radio, television and telephone systems. These solar
systems shall not be installed in any location where the solar system
operation or similar solar systems operations have been demonstrated
to interfere with existing fixed broadcast, retransmission, or reception
antennae for radio, television or wireless phone, unless such interference
can be mitigated.
G.
View sheds and screening. Ground-mounted systems shall be installed
in a location and position that would minimize visibility from neighboring
properties. A screening plan, to be reviewed and accepted by the appropriate
board, shall be required as part of the site plan review or special
use permit review. For purposes of this section, consideration shall
be given to any relevant portions of the current, amended and/or future
officially recognized Town Code. In addition, adequate measures shall
be taken to screen through landscaping, grading or other means to
reasonably mitigate the view of the solar panels and other equipment
of the solar systems from roadways and neighboring residential properties.
H.
FAA requirements. If the proposed site is near an airport, seaplane
base, or established flight zone, such solar system must meet all
Federal Aviation Administration requirements.
I.
Security fence. The Planning Board may consider whether and where
security fencing is required.
J.
Emergency shutdown/safety. The applicant shall post an emergency
telephone number so that the appropriate entities may be contacted
should any portion of the solar system need immediate repair or attention.
This telephone number should be clearly visible on signs located on
the security fence, if any, placed periodically around the perimeter.
K.
Lightning protection. All solar systems shall have adequate lightning
protection via internal lightning arrestors, surge protectors or adequate
grounding.
L.
Utility notification and approval. No solar system shall be constructed
until evidence has been given to the Town Board .that the utility
company that operates the electrical grid where the installation is
to be located has been informed of the construction of the solar system
and has agreed to an interconnection.
M.
Lighting. No solar system under this provision shall be continually
artificially lighted. Lighting shall be limited to lights as needed
by solar array personnel while present at the site. Lighting to be
arranged and angled to not spill onto adjacent properties.
N.
Access road. To the greatest extent possible, existing roadways shall
be used for access to the site and its improvements. In the case of
constructing any roadways necessary to access the solar energy systems,
they shall be constructed in a way that allows for the passage of
emergency vehicles in the event of an emergency.
O.
Collection and transmission lines shall be buried. The same·may
be allowed overhead but only under exceptional circumstances with
special exception from the Planning Board.
P.
Prior to issuing approval, the applicant shall also .submit proof
to the Planning Board that it has been in touch with local fire departments,
shared information with respect to operation and maintenance of the
facility's safety features and other information important for fire
protection,
Q.
Notice of decommissioning.
(1)
The applicant shall also submit to the Town Board (with a copy
to the Planning Board) a letter of intent committing the owner, and
its successors-in-interest, to notify the Code Officer within 30 days
of the discontinuance of the use of the solar system. This letter
of intent shall be filed with the Office of Planning and Development
prior to the issuance of a building permit.
(2)
Should the solar system be nonoperational for a continuous period
of six months or greater, the owner shall submit a letter to the Office
of Planning and Development indicating when it is expected to resume
operations or whether .the decommissioning of the site, in accordance
with the decommissioning and removal plan, shall commence. If the
owner plans to continue operations, it shall have up to six months
more to begin operations. A further six-month extension may be granted
by the Planning Board for good cause shown. If operations do not commence
within said six months or any extended period, decommissioning of
the site, in accordance with the decommissioning and removal plan,
shall immediately commence.
R.
Decommissioning and removal plan.
(1)
The applicant shall submit a decommissioning and removal plan
(DRP) to the Planning Board. The decommissioning and removal plan
shall include specific plans on how the owner plans to remove the
obsolete or unused solar panel arrays and accessory structures and
return the property to a state acceptable to the Planning Board within
a specific time period after the cessation of operations. This plan
shall be approve by the Planning Board and prior to the granting of
the special use permit.
(2)
Failure to conform to the decommissioning and removal plan in
the time period provided shall be a violation of this section and
the cost to complete the plan shall be placed as a lien on the property
owner's tax bill.
S.
Reclamation bond. A reclamation bond, for a term and in an amount
to be determined during special use permit review, shall be filed
with the Town Clerk to cover the costs of reclamation of the site.
The amount shall be commensurate with the decommissioning and removal
plan submitted by the applicant.
