The intent of this Article VI is to set forth supplemental regulations, procedures and conditions that shall apply to certain land use activities in the Town of Lansing which, by reason of their distinctiveness, individual character, location and potential effect on the surrounding neighborhood, warrant development conditions or special review and evaluation on an individual basis so that the purposes of this chapter will be achieved, and to ensure such activities will not adversely affect the neighborhood.
No building permit shall be issued for any land use or activity
listed in Schedule I[1] of this chapter as having special conditions applicable thereto (SC), or requiring a special use permit (SP), until the Code Enforcement Officer is satisfied that the conditions and other requirements set forth in this Article VI have been complied with or that a variance thereof has been duly granted.
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
The Code Enforcement Officer shall issue a building permit for the following uses only when satisfied that applicable conditions specified in this § 270-35 and all other applicable regulations, including those set forth in § 270-27, if applicable, have been met.
A.
Site plan review required. All land uses listed in Schedule I[1] that require any special conditions shall also be subject to site plan review, including all subsections of this § 270-35 listed below (Subsections B through Q, inclusive).
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
B.
Mobile home park. Permitted when such parks are in compliance with Chapter 170, Mobile Home Parks, of the Code of the Town of Lansing.
C.
Nursery school; day-care facility. Permitted when applicable regulations
of New York State can be complied with.
D.
Residential (home) business or occupation. Permitted when:
(1)
The use is located in a dwelling inhabited by the business owner,
or in a building accessory to such dwelling, and on the same lot.
(2)
All activity related to the home business is conducted inside the
dwelling or accessory building.
(3)
The need for off-street parking can be satisfied by no more than
three off-street parking spaces, in addition to those required for
a residence.
(4)
The general appearance of the building and lot is compatible with the surrounding residential neighborhood, except that a sign may be provided in accordance with Chapter 210, Signs, of the Code of the Town of Lansing.
(5)
The business is operated by its owner and not more than three persons
who do not live in the dwelling.
(6)
No offensive noise, odor, smoke, dust, heat, glare or electrical
disturbance is produced by the business.
G.
Motel; hotel. Permitted when:
(1)
No building is located less than 50 feet from the lot line of an
existing residence.
(2)
No off-street parking is located less than 10 feet from a front lot
line or 10 feet from a side or rear lot line of an abutting existing
residence or business.
(3)
Access driveways intersect public roads at approximately 90°
and no driveway is located less than 50 feet from the intersection
of two public road right-of-way lines unless otherwise permitted by
state or local law.
(4)
Landscaping is provided along all public road frontage per site plan
review.
H.
Bed-and-breakfast and rooming house; tourist home. Permitted when:
(1)
No building is located less than 50 feet from the lot line of an
existing residence.
(2)
No off-street parking is located less than 10 feet from a front lot
line, side or rear lot line of an abutting existing residence or business.
(3)
Access driveways intersect public roads at approximately 90°
and no driveway is located less than 50 feet from the intersection
of two public road right-of-way lines unless otherwise permitted by
state or local law.
I.
Retail sales, specialty; antiques, crafts and similar independent
facility. Permitted when such activity is conducted in a dwelling
which is occupied by its owner or a building accessory to such owner-occupied
dwelling.
J.
Dwelling, ECHO housing. Permitted when the ECHO unit is designed
for temporary installation and is to be removed within 60 days after
the need for such unit has passed.
K.
Multifamily dwelling. Permitted when such dwellings have a minimum
front yard setback of 100 feet.
M.
Retail sales: mobile home, RV, snowmobile, boats, other similar marine
and water crafts, and similar items requiring outdoor storage. Permitted
when:
(1)
A landscaped area as per approved site plan at least 15 feet wide
is provided between any outside storage or display area and any property
line.
(2)
Any lighting used to illuminate outside display or storage area shall
use cutoff fixtures that do not cause glare on roadways or adjacent
properties.
N.
Printing and publishing. Permitted when such business has a total
floor area no greater than 5,000 square feet.
R.
Solar
energy facility special conditions, including site plan review
[Added 7-15-2020 by L.L.
No. 3-2020]
(1)
All solar energy facilities require site plan review and approval
by the Planning Board. A development review application must be accompanied
by all the appropriate application fees, forms, and number of copies
of all plans and supporting documentation, including but not limited
to the following:
(a)
A State Environmental Quality Review Act ("SEQRA") environmental
assessment form, substantially completed, with accompanying data,
schedules and mappings as reasonably requested by the Town.
(b)
Evidence that a copy of the development review application,
and submittals outlined below, have been submitted to the appropriate
Fire Chief, together with a copy of shut-off switching diagrams.
(c)
An emergency response plan.
(d)
The location and nature of any proposed utility easements and
infrastructure, including a utility plan if required by the Town,
and including a one- or three-line electrical diagram detailing the
solar energy facility, associated components, and electrical interconnection
methods, with all National Electrical Code compliant disconnects and
overcurrent devices.
(e)
Identification of areas of potential environmental sensitivity,
including distinctive views as enumerated in the Tompkins County Scenic
Resources Inventory; on-site or nearby unique natural areas; slopes
greater than 15%; floodplains; historic sites; airports; government
lands; conservation easements; trails; parkland; prime soils; and
wetlands (including wetland delineations, as required).
(f)
Plans or drawings of the solar energy facility prepared by a
registered professional engineer licensed in the State of New York,
showing the proposed layout of the system and any potential shading
of and from nearby structures or vegetation.
(g)
Documentation of solar collector type, including but not limited
to equipment specification sheets for all solar panels and collectors,
significant components, mounting systems, and inverters that are to
be installed, as well as proposed solar energy production nameplate
capacity design levels proposed for the solar energy facility and
the basis for the calculations of the area of the solar energy facility's
nameplate capacity.
(h)
Documentation of actual or prospective access and control of
the project site sufficient to allow for construction and operation
of the proposed installation.
(i)
An operation and maintenance plan, including description of
continuing solar energy facility maintenance and property upkeep,
such as mowing and trimming, safe access to the installation, as well
as general procedures for operational inspections and maintenance
of the installation.
(k)
Name, address and contact information for the proposed system
installer, together with proof of liability insurance showing compliance
with industry standards.
(l)
A decommissioning plan and related securitization of such obligation,
as further set forth in this chapter.
(2)
Additional review processes and requirements:
(a)
No review shall commence until it is determined by the Planning
Board that the application and the site plan submissions are substantially
complete.
(b)
At the expense of the applicant, the Town may employ its own
consultant(s) to examine the application and related documentation
and make recommendations as to whether the criteria for granting approval(s)
have been met, including whether the applicant's conclusions regarding
safety, visual impacts, structural integrity, and stormwater management
are accurate and comply with generally accepted and reliable engineering
and technical data and standards.
(c)
The facility must demonstrate compliance with all federal and
state laws and all applicable rules and regulations promulgated by
any federal or state agencies having jurisdiction.
(3)
Height. Solar collection devices are limited to a maximum height
of 18 feet when the system is oriented at maximum tilt from horizontal.
Movable or tracking systems are permitted, but must meet this eighteen-foot
maximum height rule.
(4)
Coverage. The horizontal surface area covered by solar collection
devices must be included in total lot coverage and, when combined
with the coverage of other structures, the total area must not exceed
the maximum lot coverage as permitted in the underlying zoning district.
(5)
Appurtenant structures. All appurtenant structures to solar energy
facilities, including but not limited to equipment structures, storage
facilities, battery energy storage containers, transformers, and substations,
must be architecturally compatible with each other. Whenever practicable,
structures should be screened from view by vegetation and joined or
clustered to avoid or minimize adverse visual impacts.
(6)
Visual effect. The solar energy facility must have the least visual
effect reasonably practicable on the environment, as determined by
the Planning Board. The determination must be based on site-specific
conditions, including topography, adjacent structures, and roadways.
Solar energy facilities must avoid clearing extensive areas of forest,
and practicable efforts must be made to minimize visual impacts by
preserving natural vegetation and providing dense evergreen landscape
screening to abutting residential properties and roads, yet screening
should minimize the shading of solar collectors.
(7)
Soils. Solar energy systems sited on prime farmland or farmland of
statewide importance may be required to seed up to 20% of the total
surface area of panels on the lot with native perennial vegetation
designed to attract pollinators. The Planning Board may specify freestanding
ballast or racking systems. All topsoil will be stockpiled immediately
adjacent to the area where stripped/removed and shall be used for
restoration on that particular site. No topsoil shall be removed from
the site. The site plan shall clearly designate topsoil stockpile
areas in the field and on the construction drawings. Where practicable,
actively farmed prime agricultural soil should be avoided or protected,
and in agricultural districts actively farmed prime agricultural soils
and soils of statewide importance shall be avoided or protected.
(8)
Fencing. Notwithstanding the provisions found in § 270-24, fences not exceeding eight feet in height, including open-weave and solid fences, shall be permitted for the purpose of screening or enclosing solar energy facilities. Fencing to prevent unauthorized access shall enclose solar energy facilities. Warning signs with the owner's name and emergency contact information must be placed on any access point to the system and on the perimeter of the fencing. Landscaping or planted buffers are required to avoid adverse aesthetic impacts, and fencing or walls may be required and fences or walls, where required, shall tend towards solid-cover visual buffers that emphasize natural materials and muted color schemes. Chain-link, barbed, razor, and concertina wires, electrically charged wire, railroad ties, concrete masonry units, scrap metal, tarped, and cloth fences and accessory parts should be avoided.
(9)
Utilities. Practicable efforts, as determined by the Planning Board,
shall be made to place all utility connections for the solar energy
facility underground, depending on appropriate soil conditions, shape,
and topography of the site and any requirements of the utility provider.
When aboveground cables and transmission lines must cross agricultural
fields, utility poles that provide longer spanning distances should
be located on field edges to the greatest extent practicable to avoid
bisecting of agricultural lands. Electrical transformers for utility
interconnections may be aboveground if required by the utility provider.
(10)
Lighting. Motion-activated or staff-activated security lighting
around the equipment area of a solar energy facility or accessory
structure entrance may be installed, provided that such lighting meets
International Dark-Sky Association or similar standards and does not
produce unreasonable fugitive light or glare from the project site.
Such lighting should only be activated when the area within the fenced
perimeter has been entered.
(11)
Ingress and egress. Any new on-site vehicular paths within the
site shall be designed to minimize the extent of impervious materials
and soil compaction; they should not be more than 16 feet in width
and should be constructed at grade. A locked gate at the intersection
of the accessway and a public road may be required to obstruct entry
by unauthorized vehicles. Such gate must be located entirely upon
the lot and not on the public right-of-way. Fencing, gates, and other
locked or secured/inaccessible areas require a lock-box for emergency
and fire access as required by code.
(12)
Parking. Equipment and vehicles not used in direct support,
renovations, additions or repair of any solar energy facility must
not be stored or parked on the facility site.
(13)
Siting restrictions. Solar energy facilities should not be located
in the following areas unless otherwise approved by the Planning Board
in conjunction with a site plan review process:
(a)
Critical environmental areas as designated by the Town of Lansing,
areas of special flood hazard concern as defined by the Town of Lansing
Flood Damage Prevention and Floodplain Management and Construction
Local Law;[3] adjacent to or within the control zone of any airport;
upon properties that constitute public trust lands, unless consistent
with the purposes of such public trust, and in jurisdictional wetlands
and wetlands duly declared to be of local importance.
(b)
On slopes of greater than 15%. The Planning Board may specify
freestanding ballast or racking systems that match existing elevations
and contour variations.
(c)
Within 100 feet of perennial streams and within 50 feet of intermittent
streams.
(14)
Abandonment and decommissioning. A decommissioning plan shall be submitted with each application in accordance with § 270-35U of this chapter. Approval of the decommissioning plan by the Town Planning Board shall be required, including under site plan review. Removal of solar energy facilities must be completed in accordance with the decommissioning plan. If the solar energy facility is not decommissioned after being considered abandoned, the municipality may remove the system and restore the property and impose a lien on the property to cover these costs to the municipality.
S.
Wind energy
conversion systems special conditions, including site plan review.
[Added 7-15-2020 by L.L.
No. 3-2020]
(1)
A building permit and electrical permitting is required for all wind energy conversion system installations, and this subsection (and its subsections) do not apply to non-tower-based wind energy conversion systems mainly intended to generate energy for on-site use, and are instead regulated by § 270-28N of this chapter.
(2)
Wind energy conversion systems are not permitted in any front yard
and must be sited entirely behind the front building line of the principal
building on the lot. If the wind energy conversion system is the principal
use on the lot, it must meet all yardage, setback, and related zoning
requirements for the zone(s) in which situated.
(3)
No existing structure shall be modified to serve as a wind energy
conversion system tower.
(4)
No existing wind tower shall be retrofitted to support a new wind
energy conversion system without certification by a licensed New York
State Engineer confirming the inspection and the structural integrity
of the existing tower.
(5)
The fall zone must be wholly within the setback and yardage rules
for the zone in which the tower is situated. If the fall zone crosses
any zoning district line, the more restrictive setback and yardage
rules shall apply. The fall zone around any ground-mounted tower constructed
as part of a wind energy conversion system shall be a circular area
around the tower, the center point of which is marked by the center
of the base of the tower, with a radius at least equal to the facility's
height plus 10 feet. The entire fall zone may not include public roads,
overhead transmission lines, above-ground fuel storage or pumping
facilities, or human-occupied buildings, and must be located on property
owned by a participating residence or occupied building. The minimum
setback between the center of the base of the tower and any unoccupied
buildings or other structures is 15 feet.
(6)
No tower or structure shall exceed 200 feet in overall height as
measured from the average pre-construction ground surface elevation
to the highest point of any part of the facility, with moving parts
measured at the highest points of their extensions.
(7)
Noise attributable to a wind energy conversion system cannot exceed
42 dBA during daytime hours (6:00 a.m. to 10:00 p.m.) and 35 dBA during
nighttime hours (10:00 p.m. to 6:00 a.m.) at the nearest outside wall
of a non-participating residence or occupied building. In addition,
short-term (fifteen-minute maximum) maximum design standard noise
levels shall not exceed 50 dBA. In the event audible noise due to
wind energy conversion system operations contains a steady pure tone,
the owner shall promptly take corrective action to permanently eliminate
the noise. An owner of a non-participating residence or occupied building
may waive noise limit requirements with a written mitigation waiver
agreement. A manufacturer's proof of third-party certification of
noise levels to the latest AWEA (American Wind Energy Association)
published standard at the time of application showing sound level
testing that meets the above criteria shall be accepted as noise design
compliance for permitting, installation and operating purposes.
(8)
All wind energy facilities shall be installed by a qualified wind
energy installer and, prior to operation, the electrical connections
and structural integrity must be inspected by a Town Code Enforcement
Officer and by appropriate electrical and structural inspection persons
or agencies, as determined by the Town.
(9)
If connected to a public utility system for net-metering purposes,
all wind energy conversion systems shall meet the requirements for
interconnection and operation as set forth in the public utility's
then-current service regulations applicable to wind power generation
facilities, and the connection shall be inspected by the appropriate
public utility.
(10)
No wind energy conversion system shall be used for signage,
promotional or advertising purposes, including but not limited to
company names, phone numbers, banners, streamers, and balloons. Reasonable
identification of the manufacturer or owner of the wind energy facility
or fencing is permitted.
(11)
Wind energy conversion systems shall be painted or finished
with a nonreflective, unobtrusive color that blends the system and
its components into the surrounding landscape to the greatest practicable
extent, and shall incorporate nonreflective surfaces to minimize visual
disruption.
(12)
No wind energy conversion system shall be artificially lighted
except to the extent required by the Federal Aviation Administration
or other applicable authority, or for safety and access/repair lighting.
Motion-sensing lighting or control switching is preferred for lighting,
including to minimize fugitive light and glare.
(13)
Abandonment and decommissioning. A decommissioning plan shall be submitted with each application in accordance with § 270-35U of this chapter. Approval of the decommissioning plan by the Town Planning Board shall be required, including under site plan review. Removal of all wind energy conversion systems must be completed in accordance with the decommissioning plan. If the wind energy conversion system and all site facilities are not decommissioned after being considered abandoned, the municipality may remove the system and restore the property and impose a lien on the property to cover these costs to the municipality.
T.
Large-scale
battery energy storage systems special conditions, including site
plan review.
[Added 7-15-2020 by L.L.
No. 3-2020]
(1)
Building and electrical permits shall be required for all battery
energy storage systems. A development review application must be accompanied
by all the appropriate application fees, forms, and number of copies
of all plans and supporting documentation, including but not limited
to the following:
(a)
A State Environmental Quality Review Act ("SEQRA") environmental
assessment form, substantially completed, with accompanying data,
schedules and mappings as reasonably requested by the Town.
(b)
Evidence that a copy of the development review application,
and submittals outlined below, have been submitted to the appropriate
Fire Chief, together with a copy of shut-off switching diagrams.
(c)
An emergency response and fire safety compliance plan. Such
plans shall document and verify that the system and its associated
controls and safety systems are in compliance with the applicable
fire prevention code, including procedures for safe shutdown, de-energizing,
or isolation of equipment and systems under emergency conditions and
emergency procedures to be followed in case of fire, explosion, release
of liquids or vapors, damage to critical moving parts, or other potentially
dangerous conditions.
(d)
The location and nature of any proposed utility easements and
infrastructure, including a utility plan if required by the Town,
and including a one- or three-line electrical diagram detailing battery
installations, associated components, and electrical interconnection
methods, with all National Electrical Code compliant disconnects and
overcurrent devices.
(e)
Identification of areas of potential environmental sensitivity,
including on-site or nearby unique natural areas; slopes greater than
15%; floodplains; historic sites; airports; government lands; conservation
easements; trails; parkland; prime soils; and wetlands (including
wetland delineations, as required).
(f)
A preliminary equipment specification sheet that documents the
proposed battery energy storage system components, inverters and associated
electrical equipment that are to be installed. A final equipment specification
sheet shall be submitted prior to the issuance of building permit.
(g)
A commissioning plan or related documents that verify that the
system and its associated controls and safety systems are in proper
working condition, as conducted and prepared by a New York State licensed
professional engineer or registered architect after the installation
is complete but prior to final inspection and approval. A corrective
action plan shall be developed for any open or continuing issues that
are allowed to be continued after commissioning. A report describing
the results of the system commissioning and including the results
of the initial acceptance testing shall be provided to the Planning
Board prior to final inspection and approval and maintained at an
approved on-site location.
(h)
A system and property operations and maintenance plan describing
continuing battery energy storage system maintenance and property
upkeep, as well as design, construction, installation, testing and
commissioning information.
(i)
A description of any battery rotation or replacement cycles
or operational plans, including whether the batteries are for stand-by
power to be distributed on the site or to charge batteries for off-site
use.
(k)
Name, address and contact information for the proposed system
installer, together with proof of liability insurance showing compliance
with industry standards.
(2)
Additional review processes and requirements:
(a)
No review shall commence until it is determined by the Planning
Board that the application and the site plan submissions are substantially
complete.
(b)
At the expense of the applicant, the Town may employ its own
consultant(s) to examine the application and related documentation
and make recommendations as to whether the criteria for granting approval(s)
have been met, including whether the applicant's conclusions regarding
safety, visual impacts, structural integrity, and stormwater management
are accurate and comply with generally accepted and reliable engineering
and technical data and standards.
(c)
The facility must demonstrate compliance with all federal and
state laws and all applicable rules and regulations promulgated by
any federal or state agencies having jurisdiction.
(3)
Large-scale battery energy storage systems shall be sited to minimize
impacts to the following areas and types of lands:
(a)
Designated agricultural districts and actively farmed prime
agricultural soils as identified by the United States Department of
Agriculture-Natural Resources Conservation Service (USDA-NRCS), or
alternative available resource.
(b)
Critical environmental areas as designated by the Town of Lansing,
areas of special flood hazard concern as defined by the Town of Lansing
Flood Damage Prevention and Floodplain Management and Construction
Local Law;[5] adjacent to or within the control zone of any airport;
upon properties that constitute public trust lands, unless consistent
with the purposes of such public trust, and in jurisdictional wetlands
and wetlands duly declared to be of local importance.
(c)
On slopes of greater than 15%.
(d)
Within 100 feet of perennial streams and within 50 feet of intermittent
streams.
(4)
All on-site utility lines shall be placed underground to the extent
feasible and as permitted by the serving utility, with the exception
of the main service connection at the utility company right-of-way
and any new interconnection equipment, including without limitation
any poles, with new easements and right-of-way.
(5)
Signage shall be in compliance with ANSI Z535 and shall include the
type of technology associated with the battery energy storage systems,
any special hazards associated therewith, the type of suppression
system installed in the area of battery energy storage systems, and
twenty-four-hour emergency contact information. As required by the
National Electrical Code, disconnect and other emergency shutoff information
shall be clearly displayed on a light-reflective surface. A clearly
visible warning sign concerning voltage shall be placed at the base
of all pad-mounted transformers and substations.
(6)
Lighting of the battery energy storage systems shall be limited to
that minimally required for safety and operational purposes and shall
be shielded and downcast from abutting properties to the extent reasonably
practicable.
(7)
Areas within 10 feet on each side of large-scale battery energy storage
systems shall be cleared of combustible vegetation and other combustible
growth. Single specimens of trees, shrubbery, or cultivated ground
cover such as green grass, ivy, succulents, or similar plants used
as ground covers shall be permitted to be exempt, provided that they
do not form a means of readily transmitting fire. Removal of trees
should be minimized to the extent practicable.
(8)
The accumulation, collection, incineration, disposal, or storage
of old, unusable, dead, or damaged batteries is expressly prohibited.
U.
Abandonment
and decommissioning of battery energy storage systems, solar energy
facilities, and wind energy conversion systems.
[Added 7-15-2020 by L.L.
No. 3-2020]
(1)
A decommissioning plan shall, at a minimum, contain the following
elements and meet the following requirements.
(a)
Specify when and what constitutes an event requiring decommissioning,
including abandonment of the facility. In all cases the lack of production
for six months (or for 12 of any 18 months) and the violation of any
site plan conditions, the lack of a current permit or violation of
permit conditions, including but not limited to maintenance of any
required decommissioning bond or security, shall be an event requiring
decommissioning.
(b)
Specify the form and type of notice required to the Town in
the event of any decommissioning, sale, transfer, partial transfer,
assignment, or occurrence of any event which may result in an act
or partial order requiring partial or complete decommissioning of
the site.
(c)
The means and methods by which utility interconnections will
be removed and permitted by the utility provider, as well as all electrical
and other safety precautions undertaken during removal.
(d)
All decommissioning and restoration activities shall be completed
within 150 days of the date decommissioning was ordered or required,
including under the plan.
(e)
Demonstrate the removal of all solar panels, battery energy
storage systems, wind turbines, electrical appurtenances, towers,
structures, equipment, security barriers and transmission lines.
(f)
Demonstrate the minimization of disruption to field drains and
soils, and the remediation of drains and soils, including stabilization
and revegetation of any sites or disturbances, including as minimize
erosion. Decompaction of soils to 18 inches and removal of any installed
materials to four feet is required. The Planning Board may allow the
owner or operator to leave landscaping or designated below-grade foundations
in place to minimize erosion and disruption to vegetation in a proper
case, but generally all of the New York Department of Agriculture
and Markets' Guidelines for Agricultural Mitigation for Wind Power
Projects or Solar Energy Projects, as applicable, shall be adhered
to in any plan.
(g)
Specify disposal of all solid and hazardous waste in accordance
with local, state, and federal waste disposal regulations, including
the removal of any damaged or contaminated soils. No designation of
any facilities by a "beneficial use declaration" shall be permitted
to vary this clean-up and remediation/disposal rule.
(h)
Include an expected timeline for execution, together with a
cost estimate detailing the projected cost of executing the decommissioning
plan, duly prepared and sealed by a professional engineer. Cost estimations
must take inflation into account over the expected life of project,
and have a mechanism to ensure the periodic updating and securitization
of decommissioning costs.
(2)
Removal of all large-scale battery energy storage systems, solar
energy facilities, and commercial wind energy conversion systems must
be completed in accordance with the decommissioning plan. If all site
facilities are not decommissioned after being considered abandoned,
the municipality may remove the system and restore the property and
impose a lien on the property to cover these costs to the municipality.
(3)
Financial surety. An applicant for a large-scale battery energy storage
system, solar energy facility, or commercial wind energy conversion
systems shall provide a form of surety, either through development
escrow agreement, bond, letter of credit, or like form approved by
the Planning Board, to cover all costs of decommissioning and removal
calculated at a minimum of 125% of the approved estimated cost of
decommissioning and restoration. The estimate of costs shall be prepared
by a licensed engineer and be sealed accordingly, and the annual cost
shall take into account New York State prevailing wage rules and any
inflationary rise in surety amounts covered, contain an evergreen
clause, or otherwise account for increases in the cost of decommissioning
and restoration in a manner as approved by the Planning Board. At
a minimum, at least once every three years after any approval or permit
is issued by the Town, the applicant or the future owner or operator
of the facility shall provide an updated certified cost estimate for
decommissioning, removal, and restoration, and if the resulting 125%
cost requirement shows that the exiting security or bond is monetarily
insufficient, then the owner shall update such bond or undertaking,
or see to its replacement or supplementation in an amount to equal
such updated minimum 125% of cost number.
A.
General requirements. Authorization for any special use permit shall be obtained from the Town Board, or such other agency as may be specified in this chapter. Such authorization shall be conditioned on provision of adequate safeguards to protect the health, safety and general welfare of the public and to mitigate possible detrimental effects on land value and upon adjacent property. To this end, before a special use permit is authorized, the Town Board shall determine, after a duly advertised public hearing, whether the following general requirements will be complied with, as well as any other applicable requirements for certain specific land uses or activities as may be set forth in § 270-36B of this chapter. To authorize a special permit, the Town Board must find:
(1)
That the proposed land use or activity is to be located, constructed,
and operated so that the public health, safety and general welfare
will be protected.
(2)
That the existence of the proposed land use or activity will not
cause substantial injury to the value of other property in the surrounding
neighborhood.
(3)
That adequate landscaping and screening is to be provided.
(4)
That adequate off-street parking and loading is provided and the
ingress and egress are so designed as to cause minimum interference
with traffic on abutting roads.
(5)
That the proposed land use or activity will not result in excessive
erosion and will not increase the volume or velocity of surface water
runoff onto abutting properties.
(6)
That any proposed water and/or sewage disposal system is determined
by appropriate jurisdictional authority to be adequate.
(7)
That vibration, glare, odor, heat or noise anticipated from the proposed
use can be mitigated.
B.
Specific requirements. In addition to the general requirements for a special use permit, as set forth in § 270-36A above, the specific requirements for certain land uses or activities, as set forth in this § 270-36B (and its subsections) shall also be complied with.
(1)
Site plan review required. The application for any use which requires
a special use permit, and for which site plan review is required as
specified in Schedule I,[1] shall be referred by the Code Enforcement Officer to the Planning Board for review in accordance with the provisions of § 270-27 of this chapter. A special use permit for such use shall not be authorized by the Town Board until a recommendation from the Planning Board has been made. If such Planning Board recommendation has not been made within 30 calendar days from the date of referral of the application, the Town Board may act without such recommendation.
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
(3)
Veterinary hospital. Permitted when:
(a)
The facility is completely enclosed and there are no open or
outdoor boarding or exercise facilities.
(b)
There is no outdoor storage of refuse, feed or other materials
and no on-site incineration of refuse.
(c)
Such facility is designed and operated so that it does not produce
noise or odors that disturb adjoining property.
(4)
Sexually oriented business; establishment. Permitted when such facility
is in compliance with existing local ordinance on adult entertainment
which is incorporated herein by reference.[2]
[2]
Editor's Note: Said Adult Entertainment Ordinance is included as an attachment to this chapter.
(5)
Communication tower for the commercial reception or transmission of electronic signals. Permitted when such activity or facility is in compliance with Chapter 119, Communications Towers, of the Code of the Town of Lansing.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Procedure for special use permit.
(1)
Application. Application for a special use permit shall be made to
the Code Enforcement Officer, who shall refer it to the Planning Board
for consideration. The Planning Board shall, within 30 days after
receipt of a completed application and all information requested of
applicant, make recommendations thereupon and refer the matter to
the Town Board for final decision.
(2)
Materials to be submitted. An application for a special use permit shall be accompanied by any written and graphic material which the applicant feels will best support and illustrate the request. Additional information might be requested by the Planning Board and/or Town Board in reaching its determination. Information to be submitted for site plan review is specified in § 270-27E(2) of this chapter.
(3)
Public hearing and decision. The Town Board shall conduct a duly
advertised public hearing within 62 days from the day an application
is received. The Town Board shall decide upon the application within
62 days after the hearing has been closed unless the time for decision
is extended by mutual consent.
(4)
Referral to County Planning Department. If applicable, the application
shall be referred to the Tompkins County Planning Department in accordance
with §§ 239-l, 239-m and 239-n of the General Municipal
Law.
(5)
Notice to adjacent municipalities. Before taking action on certain
site plan applications, the Planning Board shall provide notice to
adjacent municipalities, as applicable, pursuant to General Municipal
Law § 239-nn.
[Added 7-15-2020 by L.L. No. 2-2020]
D.
Expiration. Special use permits shall expire within 12 months from
the date of issuance if the proposed land use activity has not been
substantially implemented, as determined by the Town Board. One or
more twelve-month extensions may be granted by the Town Board if the
Board finds there has been no change in the relevant conditions and
circumstances.
