Article V Supplementary Regulations

An accessory building may be located in any required side or rear yard, provided that:

Such building shall not exceed 15 feet in height.

Such buildings shall be set back 10 feet from any lot line.

[Amended 9-16-1969 by Ord. No. 73]

All such buildings in the aggregate shall not occupy more than 30% of the area of the required rear or side yard.

Accessory buildings constructed at the same time may be located in pairs or groups in the required rear or side yard along the common side lot line or rear lot line of contiguous lots.

An accessory building on that portion of a lot not included in any required yard shall conform with the height regulations for principal buildings.

No accessory building shall project nearer to the street on which the principal building fronts than such principal building. Should topographic conditions be such that practical difficulties would be caused by this requirement with respect to the location of garages, the Planning Board may authorize the erection of such garages under the following conditions:

[Amended 9-16-1969 by Ord. No. 73]

If the natural slope is from 10% to 20% within 25 feet of the street line, the Board may permit a garage not closer than 10 feet to the street line.

Where such slope exceeds 20%, a garage may be permitted not closer than five feet to the street line.

Corner lots.

Obstruction to vision at street intersections. At all street intersections in all residence districts, no obstructions to vision exceeding 30 inches in height above curb level shall be erected or maintained on any lot within the triangle formed by the street lines of such lot and a line drawn between points along such street lines 30 feet distant from their point of intersection.

Rear and side yards. On a corner lot, front yards are required on both street frontages, and one yard other than the front yards shall be deemed to be a rear yard and the other, or others, side yards.

Exceptions to lot depth requirements. The required lot depth at any point may be decreased by 25% if the average lot depth conforms with the minimum requirement.

Exceptions to yard requirements.

Permitted obstructions. Cornices or cantilevered roofs may project not more than three feet into a required yard. Belt courses, window sills and other ornamental features may project not more than six inches into a required yard. Fences or walls over 6 1/2 feet in height may not be erected in front, rear or side yards. Fences or walls with a height in excess of 6 1/2 feet shall conform to the requirements set forth herein for buildings. Paved areas (other than such as are needed for access to the buildings on the lot) shall not project within 15 feet of a street line or four feet of lot lines. All fences shall be installed with the more attractive side facing neighboring properties.

[Amended 9-16-1969 by Ord. No. 73; 4-12-2011 by L.L. No. 6-2011]

Entries and porticos. A roofed-over but unenclosed projection in the nature of an entry or portico, not more than eight feet wide and extending not more than six feet out from the front wall of the building, shall be exempt from front yard requirements when the building otherwise complies with all other yard restrictions of this chapter.

Existing setback. No proposed one- or two-family dwelling need have a setback greater than the average setback of the existing dwellings within 200 feet of each side of the said proposed dwelling.

[Amended 9-16-1969 by Ord. No. 73]

Front yards on narrow streets. On streets with less than a fifty-foot right-of-way, the front yard setback shall be measured from the center line of the existing street, and 25 feet shall be added to the front yard setback.

Existing small lots. A lot owned individually and separately, and separated in ownership from any adjoining tracts of land on the effective date of this chapter, which has a total lot area or lot width less than prescribed in this chapter, may be used for a one-family residence, provided that such lot shall be developed in conformity with all applicable district regulations other than the minimum lot area, lot width and side yards.

[Amended 9-16-1969 by Ord. No. 73]

Uniformity of design. In order to avoid monotony of architectural design, no building permit shall be issued for the erection of a home if it is substantially like any neighboring building which is existing or for which a building permit has been issued or is being concurrently considered.

[Amended 9-16-1969 by Ord. No. 73]

A building shall be considered neighboring if it fronts on the same street as the building being considered and which is the first or second house along the street in either direction or which faces the building site being considered from across the street.

In considering those items listed in Subsection F(3), buildings shall be considered substantially alike in any dimension for which they differ by less than two feet, except 20 feet for setback differences. Buildings between which the only difference in relative location of elements is end-to-end or side-to-side reversal shall be deemed to be alike in related location of such elements.

Buildings shall be considered substantially alike unless they differ in at least three of the following respects or dimensions:

Setback from the street.

Relation of a garage visible from the street to the main structure.

Length of the main roof ridge.

Height of the roof ridge above the first-floor elevation.

Width measured perpendicular to the main roof ridge if the building has a gable extending from the main roof visible from the street.

Relationship to each other of either windows, doors, chimney or any porch in the front elevation.

The Planning Board may waive or vary any requirement of this subsection where the layout of the neighborhood, road pattern, topography, natural features, views and the siting of individual structures is such as to avoid monotony of appearance despite similarity of buildings.

Portable storage unit. A maximum of one portable storage unit may be placed on any residentially used or zoned lot for a period not exceeding nine months during any twelve-month period if the property owner possesses a valid building permit, or for a period not exceeding three months during any twelve-month period otherwise. Said storage unit shall only be placed on a driveway or in a parking area, and not on lawns or other vegetated areas.

[Added 4-12-2011 by L.L. No. 6-2011]

§ 200-25.1 Street frontage.

[Added 6-14-1994 by L.L. No. 3-1994]

Except as required in § 200-24C(3) of this chapter, no lot shall be created unless it has at least 50 feet of frontage on a street or highway which has been suitably improved to town, county or state road standards or unless a performance guaranty has been posted for such improvement. Further, no building permit shall be issued for the establishment of any use or the construction of any structure unless the lot upon which such use is to be established or such structure is to be constructed meets the frontage requirements of this chapter.

If the main portion of the lot derives its frontage and access by means of a strip of land connecting the street and the main portion of the lot, that strip of land shall also be at least 50 feet in width.

Notwithstanding Subsections A and B immediately above, a lot owned individually and separately from any adjoining tracts of land on the effective date of this section and which has at least 15 feet of frontage on a street or highway as improved and described in Subsection A above shall be deemed to have sufficient frontage for the purpose of this chapter.

§ 200-26 Animals.

[Added 4-22-1975 by Ord. No. 84]

In any residence district, the following animals may be harbored, kept and/or raised for the sole benefit and use of the occupants of the principal dwelling only, as an accessory use to a principal use:

Dogs, cats and similar small animals usually maintained as household pets within the principal dwelling and rabbits, poultry and similar small domestic animals, occasionally maintained as pets but usually maintained outside of a residence as farm animals, provided that there shall be a maximum of four such animals over the age of six months on lots of 1/4 acre or more and a maximum of two such animals over the age of six months on lots less than 1/4 acre.

On parcels of two acres or more, by special permit issued by the Zoning Board of Appeals in accordance with the provisions of Article IX:

More than four dogs, cats, rabbits, poultry and other similar animals over the age of six months; and

Provided that the number thereof shall not exceed the following per acre, in any combination thereof: one horse, one cow, one steer or six sheep.]

Bees. In any zoning district, the keeping of bees shall be permitted by permit through the Town Clerk's office and issued by the Building Inspector or designee, subject to the following rules and regulations:

[Amended 1-26-2021 by L.L. No. 1-2021]

Hive registration.

All honeybee colonies shall have their location and number of hives registered annually with the Town of Ossining by the beekeeper according to terms and conditions set forth by the Town Board, including establishing a fee structure and permitting process.

The purposes of such registration are to maintain a record of the number and location of each hive, to obtain the most current contact and credential/education information in connection with each beekeeper and to obtain a certification from each beekeeper acknowledging receipt of a copy of this article and the most current rules and regulations that may be promulgated pursuant to this section. A beekeeper shall provide the Town any updates to the information contained in the annual registration within 10 days of any change, including but not limited to the abandonment or change in location of any hive.

Hive type. All bee colonies shall be kept in appropriately sized, designed and maintained hives with removable frames, Langstroth type or the equivalent, which shall be kept and maintained at all times in sound and usable condition.

Colony location.

No hives are permitted in the required front yard setback.

A dimensioned sketch showing location and distances on the plot as well as other parameters identified in Subsection B shall be included with the permit.

Control barrier. The beekeeper must establish a flyaway barrier adjacent to hives encouraging the bee flight path away from the property. It can be solid, vegetative or any combination of the two that forces the bee's flight path in a desired direction according to best practices.

Food. Each beekeeper shall ensure that a convenient source (within the hive property or near the hive or hives) of food that consists of pollinator species is provided for the hive or hives. The plants shall consist of a variety of pollinator species that will provide blooms throughout the growing season.

Water. Each beekeeper shall ensure that a convenient source (near the hive or hives) of water is available to the bees in sufficient quantity as a function of number of hives, specifically at any time during the year when temperatures are regularly 50° F. or higher and the bees are active.

Purchasing and keeping of bees and queens; honeybee genetics and defensive behavior.

Any colony of honeybees exhibiting defensive or angry behavior must be addressed immediately. The beekeeper will make every effort to minimize colony disruption after the defensive or angry behavior determination. The beekeeper will also use good practices to minimize/prevent a defensive colony swarming. Beekeepers must engage in all appropriate best practices to avoid creating a beekeeping-related nuisance. Guidance concerning examples of nuisance activity in the field of beekeeping includes the following illustrative, as opposed to comprehensive, list:

Bees from bee colonies that injure or threaten injury to persons, domestic pets, or property;

The presence of bees from bee colonies on neighboring or nearby properties in significant quantities;

Bees from bee colonies that engage in aggressive, swarming or similarly objectionable behavior;

A bee colony housed in a hive which is placed so that the hive or bee movement to/from such hive unreasonably interferes with pedestrian traffic or persons residing on or adjacent to the property upon which such hive is located;

A hive which is overcrowded, diseased, abandoned or maintained in any condition or location where the bee colony cannot thrive.

All existing and new colonies will be managed to meet the spirit and intent of these provisions in the judgment of the Building Inspector or their designee, who retain the authority to revoke the beekeeping permit if these standards are not met.

Absence. The beekeeper shall maintain a log on site recording significant hive activities (such as disease infestation). If the beekeeper does not reside on the property, or plans to be away, he/she or a knowledgeable representative shall be available to visit during the months of higher bee activity. The beekeeper shall provide contact information in case of an emergency.

Use secondary, accessory and incidental to residential zoning districts. Irrespective of whether a lot upon which beekeeping is proposed is improved by a dwelling or not, beekeeping as permitted herein is to be considered secondary, accessory and incidental to the underlying potential residential use, as contrasted with a commercial use. Factors to be considered in determining whether the use is secondary, accessory and incidental, versus commercial, include the following:

§ 200-26.1 Bed-and-breakfast establishments.

That processing, bottling, labelling, shipping, or sale on site shall be limited to the product of the bees on site. Honey produced off site shall not be brought on site for sale or distribution.

[Added 10-3-2017 by L.L. No. 6-2017]

The maximum number of guest bedrooms shall be eight, and the minimum lot size for the establishment of this use shall be as shown in the following table:

Maximum Number of Guest Bedrooms	Minimum Lot Size (square feet)
2	20,000
3	30,000
4	40,000

Off-street parking shall be screened from adjacent residential properties to the satisfaction of the approval authority.

The outward appearance of the use shall be that of a one-family dwelling, and there shall be no indication of the bed-and-breakfast establishment from the exterior of the building, except for the sign.

Seating for food and beverage service shall be limited to the number of guests staying at the bed-and-breakfast establishment.

There shall be no kitchen facilities in the guest bedrooms except for a coffee maker and a small refrigerator.

The bed-and-breakfast establishment shall be owner-occupied.

The maximum length of stay for any guest at the bed-and-breakfast establishment shall be two weeks.

§ 200-27 Nonresidential buildings.

Height regulations.

[Amended 9-16-1969 by Ord. No. 73]

Where a lot has frontage on two or more streets or other public rights-of-way, the height limitation shall apply only as measured from the curb level along the street or way with the highest elevation above sea level.

Structures such as chimneys, flues, towers and spires shall be exempt from height limitations, except as set forth in § 200-24, provided that in the aggregate they occupy not more than 20% of the roof area.

Waiver of yards. No side yard or rear yard shall be required where such yard abuts an operating railroad right-of-way.

Courts. The minimum dimension of an inner court shall not be less than twice the height of all surrounding walls. However, in no case shall an inner court have a dimension of less than 30 feet. (The height of walls surrounding an inner court shall be measured from finished grade at the base thereof to the top of such wall, except that, in the case of roofs with a slope exceeding five inches vertical to 12 inches horizontal, the height shall be measured to the mean point between the top of said wall and the highest point of the roof.) The minimum dimension of an outer court shall be 20 feet, and its depth shall not exceed its width.

§ 200-28 Signs.

No sign, billboard, advertising display or structure, poster or device shall be erected, moved, enlarged or reconstructed except as expressly permitted in this chapter.

The following types of signs or artificial lighting are prohibited:

[Amended 9-16-1969 by Ord. No. 73]

Billboards.

Flashing or revolving or neon-lettered signs, including any sign or device on which the artificial light is not maintained stationary and constant in intensity and color at all times when in use.

[Amended 6-19-1973 by Ord. No. 79]

Signs which compete for attention with or may be mistaken for a traffic signal.

The outlining by direct illumination of all or any part of a building, such as a gable, roof, side, wall or corner.

Signs made of cardboard, paper, canvas or similar impermanent material, except those inside a window, which shall not exceed an area in excess of 25% of the exposed window area.

[Amended 6-19-1973 by Ord. No. 79]

Roof signs.

[Added 6-19-1973 by Ord. No. 79]

§ 200-29 Parking and loading.

Off-street parking requirements. Off-street parking spaces, open or enclosed, are permitted as accessory to any use, subject to the following provisions:

Schedule of parking requirements. Accessory off-street parking spaces, open or enclosed, shall be provided for any use as specified herein. Reasonable and appropriate off-street parking requirements for structures and uses which do not fall within the categories listed shall be determined by the Planning Board upon consideration of all factors entering into the parking needs of each such use.

[Amended 9-16-1969 by Ord. No. 73; 3-9-1993 by L.L. No. 3-1993; 6-13-2006 by L.L. No. 3-2006; 12-22-2015 by L.L. No. 12-2015; 10-3-2017 by L.L. No. 6-2017]

Use	Minimum Required Off-Street Parking Spaces
Accessory home occupation	2 in addition to spaces required for the residential use, except that there shall be 4 for each doctor or dentist in addition to spaces required for the residential use
Artist live/work space	1 space for each dwelling unit, plus 1/4 space for each bedroom, plus 1/2 space for each live/work space containing retail area
Assisted living facility	0.5 for each resident
Athletic field	1 for each 10 seats
Banking use	10 plus 5 additional spaces for each person in excess of 2 acting as tellers, including waiting spaces for drive-up windows
Bed-and-breakfast establishment	1 space for each guest sleeping room, plus 2 spaces for the dwelling unit, plus 1 space for each nonresident employee
Bowling alley or other center of public recreation or amusement	5 for each bowling lane; all others: 1 per 100 square feet of floor space used for public recreation or amusement
Car washing establishment	10 stacking spaces per washing bay or 1 per 500 square feet of gross floor area, whichever is greater
Church, library, place of worship, theater, auditorium or other place of assembly	1 for each 4 seats or pew spaces or, in places without seats, 1 for each 50 square feet of floor space used for public assembly
Dwellings, one- and two-family	2 for each dwelling unit
Dwelling, multifamily	2 for each dwelling unit plus 0.5 for each bedroom more than 2 bedrooms
Funeral home	1 per 50 square feet of gross floor space in assembly rooms or 1 for each 4 chapel seats, whichever is greater
Golf courses and other country clubs	1 for each 3 memberships
Hospital	1 for each 2 patient beds and 1 for each day shift employee, including medical and service staff
Hotel, motel, tourist home or rooming house	1 for each guest sleeping room, plus 1 for each employee, plus 1 for each permanent resident, plus additional spaces for any accessory restaurant, public assembly space, retail or office uses, etc., based upon the standards contained herein for such uses
Manufacturing or industrial use	1 per 600 square feet of gross floor area
Medical or dental office or clinic (other than accessory to residential use)	4 per doctor and dentist plus 1 additional for each technician and employee or 1 per 225 square feet of gross floor area, whichever is greater
Motor vehicle sales	1 per 175 square feet of gross floor area
Motor vehicle service and/or repair	3 per service bay or 10, plus 1 space per 150 square feet of garage gross floor area, plus 1 per employee, whichever is greater; plus stacking spaces for any gasoline pumps and additional spaces for any accessory convenience retail use based upon the standards contained herein for such use
Municipal firehouse	1 space per 200 square feet of gross floor area
Nursing home, sanatorium, convalescent home or home for the aged, philanthropic or eleemosynary institution	1 for each 3 patient beds and 1 for each employee, including medical and service staff
Office for business or professional use (other than accessory to residential use)	1 per 300 square feet of gross floor area
Research or development laboratory	1 per 400 square feet of gross floor area
Restaurant, tavern and/or bar	1 for each 3 seats or 1 for each 75 square feet of gross floor area, whichever is greater
Restaurant, fast-food	1 per 35 square feet of gross floor area plus 5 stacking spaces per drive-up window
Retail or service business	1 per 200 square feet of gross floor area
Schools, primary and secondary	1 per 3 to 5 assembly seats or 1 per employee plus 1 per 5 students in 11th grade or above, whichever is greater
Veterinary office	1 per employee plus 1 per 50 square feet of gross floor area
Warehouse, wholesale, storage, utility or other similar commercial use	1 per 1,000 square feet of gross floor area plus 1 per commercial vehicle

Area computed as parking spaces. Areas which may be computed as open or enclosed off-street parking spaces include any private garage, carport or other area available for parking, other than a street or a driveway. However, a driveway within a required front yard for a one-family or two-family residence may count as one parking space, other than on that portion of a corner lot which is subject to the provisions of § 200-25B(1).

[Amended 9-16-1969 by Ord. No. 73]

Size of spaces.

Two hundred seventy square feet shall be considered one parking space (to provide room for standing area and aisles for maneuvering). Entrance and exit lanes shall not be computed as parking space except for driveways and one-family and two-family residences as set forth in Subsection A(2). The minimum parking stall width shall be nine feet, and the minimum length shall be 18 feet. Driveways shall be at least 20 feet in width except for one-family and two-family residences.

Notwithstanding the subsection above, in retail, office, research or development laboratory or manufacturing parking lots having 50 or more spaces, the reviewing authority may allow up to 25% of the spaces to be compact car spaces. The compact car spaces must be grouped together and clearly designated as compact car parking only. Two hundred twenty-four square feet shall be considered one compact car parking space (to provide room for standing area and aisles for maneuvering). Entrance and exit lanes shall not be computed as parking space. The minimum parking stall width shall be eight feet, and the minimum length shall be 16 feet.

Access. Unobstructed access to and from a street shall be provided. Such access shall consist of at least one ten-foot lane for parking areas with less than 20 spaces and at least two ten-foot lanes for parking areas with 20 spaces or more. No entrance or exit for any off-street parking area shall be located within 50 feet of any street intersection.

Drainage and surfacing. All open parking areas shall be properly drained, and all such areas shall be provided with a dustless surface, except for parking spaces accessory to a one-family or two-family residence.

Joint facilities. Required parking spaces, open or enclosed, may be provided in spaces designed to serve jointly two or more establishments whether or not located on the same lot, provided that the number of required spaces in such joint facilities shall be not less than the total required for all such establishments.

Combined spaces. When any lot contains two or more uses having different parking requirements, the parking requirements for each use shall apply to the extent of that use. Where it can be conclusively demonstrated that one or more such uses will be generating a demand for parking spaces primarily during periods when the other use or uses are not in operation, the Planning Board may reduce the total parking spaces required for that use to the least requirement.

[Amended 9-16-1969 by Ord. No. 73; 4-12-2011 by L.L. No. 6-2011]

Location and ownership.

[Amended 9-16-1969 by Ord. No. 73; 4-12-2011 by L.L. No. 6-2011]

Required accessory parking spaces, open or enclosed, shall be provided upon the same lot as the use to which they are accessory or elsewhere, provided that all spaces therein are located within 200 feet walking distance of such lot. In all cases such parking spaces shall conform to all the regulations of the district in which the parking spaces are located, and in no event shall such parking spaces be located in any residence district unless the use to which the spaces are accessory are permitted in such residence districts or upon approval by the Planning Board. Such spaces shall be in the same ownership as the use to which they are accessory and shall be subject to deed restriction, approved by the Planning Board, binding the owner and his heirs and assigns to maintain the required number of spaces available either throughout the existence of the use to which they are accessory or until such spaces are provided elsewhere.

The parking of vehicles shall only take place on driveways and in parking areas, and not on lawns or other vegetated areas. Notwithstanding the above, the parking of vehicles may take place on lawns and other vegetated areas during an event with prior notification to the Building Inspector, when washing said vehicles or during and associated with snow events. Not more than one unregistered vehicle may be parked outdoors on any property at any one time.

The parking or storage of earth-moving equipment, contractor's equipment, commercial snowplows or other similar equipment and machinery shall be prohibited on all residentially used or zoned lots, unless such equipment or machinery is directly involved with an active construction project on said lot.

Not more than one commercial vehicle, as defined in this chapter (other than those which are specified in Subsection A(8)(c) immediately above which are prohibited) may be parked or stored outdoors on any residentially used or zoned lot at any one time.

On lots divided by district boundaries. When a parking lot is located partly in one district and partly in another district, the regulations for the district requiring the greater number of parking spaces shall apply to the entire lot. Parking spaces on such lot may be located without regard to district lines, provided that no such parking spaces shall be located in any residence district unless the use to which they are accessory is permitted in such district, or upon approval by the Planning Board.

[Amended 9-16-1969 by Ord. No. 73]

Waiver of parking requirements.

[Added 3-9-1993 by L.L. No. 3-1993]

Where the reviewing authority approving a site plan, conditional use permit or special permit application determines that less than the required number of parking spaces will satisfy the intent of this chapter, the reviewing authority may waive the requirement in part, but not in excess of 50% of the number required according to § 200-29A herein. In all cases, it shall be expressly demonstrated on the plan that sufficient space remains for the provision of the total amount of off-street parking required, and the plan shall bear such designation.

All such undeveloped parking space shall be used and maintained as additional landscaped grounds until required for parking. Written guaranties, satisfactory to the Town Attorney, shall be submitted by the applicant for the eventual improvement of any such spaces which may have been waived; such written guaranties shall stipulate that the waived spaces shall be improved within six months of the date of written notice to the property owner by the reviewing authority that such spaces have been determined as necessary and must be constructed by the property owner.

Off-street loading requirements. Off-street loading berths, open or enclosed, are permitted as accessory to any use (except one- or two-family residences), subject to the following provisions:

[Amended 9-16-1969 by Ord. No. 73]

Uses for which required. Accessory off-street loading berths shall be provided for any use specified herein:

[Amended 3-9-1993 by L.L. No. 3-1993]

For a public library, museum or similar quasi-public institution or governmental building, community center, hospital or sanitarium, nursing or convalescent home, institution for children or the aged or school, with floor area of not more than 10,000 square feet: one berth; for each additional 25,000 square feet or fraction thereof: one additional berth.

For buildings with professional, governmental or business offices or laboratory establishments, with floor area of 10,000 to 25,000 square feet: one berth; for each additional 25,000 square feet or fraction thereof up to 100,000 square feet: one additional berth; for each additional 50,000 square feet or fraction thereof: one additional berth.

For buildings with offices and retail sales and service establishments: one berth for 8,000 to 25,000 square feet of floor area and one additional berth for each additional 35,000 square feet of floor area or fraction thereof so used.

For undertakers and funeral homes: one berth for each chapel. Such berths shall be at least 10 feet wide, 20 feet long and 14 feet high.

For hotels: one berth for each 30,000 square feet of floor area.

For manufacturing, wholesale and storage uses and for dry-cleaning and rug-cleaning establishments and laundries: one berth for 5,000 to 10,000 square feet of floor area in such use and one additional berth for each additional 20,000 square feet of floor area or fraction thereof so used.

Size of spaces. Each required loading berth shall be at least 12 feet wide, 35 feet long and 14 feet high for a single-unit truck. Each required loading berth shall be at least 12 feet wide, 55 feet long and 14 feet high for a tractor-trailer truck.

[Amended 3-9-1993 by L.L. No. 3-1993]

Location and access. Unobstructed access, at least 10 feet wide, to and from a street shall be provided. Such access may be combined with access to a parking lot. All permitted or required loading berths shall be on the same lot as the use to which they are accessory, except as provided in Subsection B(4). No entrance or exit for any off-street parking area shall be located within 50 feet of any street intersection. No off-street loading berth shall be located in any front yard. If such berths are not enclosed, they shall be located not less than 200 feet from a residence district boundary in any municipality and effectively screened therefrom, as required in the case of parking areas in § 200-8E(7)(b) of this chapter.

Joint facilities. Permitted or required loading berths, open or enclosed, may be provided in spaces designed to serve jointly two or more adjacent establishments, provided that the number of required berths in such joint facilities shall not be less than the aggregate of all such requirements.

On lots divided by district boundaries. When a lot is located partly in one district and partly in another district, the regulations for the district requiring the greater number of loading berths shall apply to the entire lot. Loading berths on such lot may not be located in any residence district unless the use to which they are accessory is permitted in such district or upon approval by the Planning Board.

Parking regulations in multiple-dwelling or attached-dwelling developments. Wherever space is provided for the parking of five or more vehicles in the open, such spaces shall be individually identified by means of pavement markings. No parking space shall be located in any front yard or within 10 feet of any lot line in side or rear yards. The parking of motor vehicles is prohibited within 15 feet of any wall or portion thereof of a two-or-more-family dwelling, which wall contains windows (other than bathroom or kitchen windows) with a sill height of less than eight feet above the level of the said parking space. No service of any kind shall be permitted to be extended to users of the lot, including automobile service, repair or fueling; and no gasoline, oil, grease or other supplies shall be stored or sold in any such lot or in any garage on such lot. Parking areas shall be screened by a substantial wall, fence or thick hedge, approved by the Planning Board. Generally such screening shall not be less than three nor more than eight feet in height.

Regulations for parking spaces adjacent to lots in any residence district.

Wherever a parking area of over five spaces abuts or is within 15 feet of the side or rear lot lines of a lot in any residence district, said parking lot shall be screened from such adjoining lot by a substantial wall, fence or thick hedge, approved by the Planning Board. Generally, such screen shall be not less than three nor more than eight feet in height.

[Amended 9-16-1969 by Ord. No. 73]

Whenever a parking area of over five spaces is located across the street from other land in any residence district, it shall be screened from the view of such land by a thick hedge, wall or fence, approved by the Planning Board, located along a line drawn parallel to the street and a distance of 20 feet therefrom, such screening to be interrupted only at points of ingress and egress. Generally, no such screening shall be less than three feet nor more than eight feet in height. The open area between such screening and the street shall be landscaped in harmony with the landscaping prevailing on neighboring properties fronting on the same street. Two identification and directional signs located on the street side of such screening shall be permitted; however, they shall not exceed an area of three square feet each.

Driveways. No driveway shall provide access to a lot located in another district, which lot is used for any use prohibited, except residential, in the district in which such driveway is located.

[Amended 9-16-1969 by Ord. No. 73]

Commercial vehicles.

One commercial vehicle not exceeding 25 feet in length may be parked on an occupied lot in any residence district but not within the required yards of such lot, and in no case between the street line and the principal building.

One commercial vehicle not exceeding 25 feet in length may be parked within a private garage in any residence district.

Commercial farm vehicles are permitted as accessory to a commercial farm use in any residence district.

Trailers, recreational vehicles (RVs), buses and boats.

[Amended 9-16-1969 by Ord. No. 73; 4-12-2011 by L.L. No. 6-2011]

The storage or parking and use of a trailer, recreational vehicle or bus by any person or persons is hereby prohibited in all districts, except that:

One camping trailer, recreational vehicle or bus not over 25 feet in length may be stored, but not used for any purpose, on an occupied lot in any residence district, provided that such trailer, recreational vehicle or bus is not stored within any required yard nor between the street line and the principal building.

Where a building permit has been issued for the construction or alteration of a building, the Building Inspector may issue a temporary permit for one trailer for a period not to exceed six months. Said temporary permit may be extended for one additional period of six months if the Building Inspector finds that construction has been diligently pursued and that justifiable circumstances require such an extension. Said trailer may be occupied during the term of the temporary permit and shall be situated upon the lot for which the building permit has been issued. Prior to the issuance of such a temporary permit by the Building Inspector, the location of said trailer on the lot shall be subject to Planning Board approval. Said Board may attach to its approval whatever conditions shall be deemed necessary to carry out the intent of this chapter.

§ 200-30 Uses prohibited in all districts.

Not more than one boat per dwelling unit may be stored on an occupied lot in any residence district, provided that such boat is not stored within any required yard nor between the street line and the principal building.

The following uses are prohibited in all districts:

Any use which is noxious, offensive or objectionable by reason of the emission of smoke, dust, gas, odor or other form of air pollution or by reason of the deposit, discharge or dispersal of liquid or solid wastes in any form in a manner or amount so as to cause permanent damage to the soil and stream or to adversely affect the surrounding area or by reason of the creation of noise, vibration, electromagnetic or other disturbance; or any use which involves any dangerous fire, explosive, radioactive or other hazard or which causes injury, annoyance or disturbance to any of the surrounding properties or to their owners and occupants; and any other process or use which is unwholesome and noisome and may be dangerous or prejudicial to health, safety or general welfare.

[Amended 9-16-1969 by Ord. No. 73; 10-3-2017 by L.L. No. 6-2017]

Artificial lighting facilities of any kind which cause illumination beyond the property on which it is located in excess of 0.5 footcandle, or the equivalent.

[Amended 10-3-2017 by L.L. No. 6-2017]

Amusement parks and circuses and related activities, except for a temporary period on special license from the Town Board.

Junkyard or dump, except a dump established as an official Town dump.[1]

Editor's Note: See also Ch. 78, Dumps and Dumping.

§ 200-31 Cluster developments.

[Amended 9-16-1969 by Ord. No. 73; 3-26-1985 by L.L. No. 2-1985; 8-13-1985 by Ord. No. 120; 6-23-1987 by L.L. No. 5-1987[1]]

The general purposes and intent of cluster development are to enable and encourage flexibility of design and development of land in such a manner as to promote the most appropriate use of land, to facilitate the adequate and economical provision of streets and utilities, to preserve the natural and scenic qualities of open lands, to protect areas of meaningful ecological value and to reserve suitable lands for park and recreation purposes.

The Planning Board is hereby authorized, simultaneously with the approval of a subdivision plat, to modify applicable provisions of this chapter, subject to the conditions set forth herein and in § 281 of the Town Law. This procedure may be followed:

When applied for by the owner of the land to be subdivided if, in the judgment and discretion of the Planning Board, its application would benefit the Town by satisfying one or more of the purposes set forth in Subsection A above; or

Where the Planning Board determines that its application would benefit the Town by satisfying one or more of the purposes set forth in Subsection A above and where the Planning Board determines that one or more of the criteria for cluster development, as set forth in the Town of Ossining Land Subdivision Regulations,[2] would be met. In this case, the Planning Board may require the owner of the land to submit an application which reflects such modifications of applicable provisions of this chapter.

Editor's Note: See Ch. 176, Subdivision of Land.

This authorization shall be applicable in all zoning districts which permit residential development in the town.

Except as specified in this section, all development standards and controls of this chapter, the Land Subdivision Regulations[3] and of the Town Code which are otherwise applicable in the district in which the property is located shall also be applicable within any cluster development.

The permitted principal and accessory uses within a cluster development shall be the same as those otherwise permitted in the zoning district in which the property is located.

The number of building lots or dwelling units permitted within a cluster development shall in no case exceed the number which could have been permitted, in the judgment of the Planning Board, if the land were subdivided into lots conforming to all normally applicable requirements of this chapter, the Land Subdivision Regulations, the Westchester County Department of Health Regulations and all other applicable regulations and restrictions. The basis for this Planning Board determination shall be a conventional subdivision sketch plan as described in Section V.1. of the Land Subdivision Regulations, plus such other information as may be required by said Board.

Bulk and parking regulations. Within the framework of the limitations set forth in this section and in § 281 of the Town Law, the Planning Board shall establish, on a case by case basis, the appropriate modifications of building and lot dimension requirements which said Board has determined are necessary or appropriate to properly accomplish the purposes and intent set forth in Subsection A above, consistent with the protection of private property values and the preservation of the character of land and buildings on neighboring sites.

[Amended 3-9-1993 by L.L. No. 3-1993]

If composed of attached dwelling units, a cluster development shall comply with the bulk regulations contained in § 200-22 for the Multifamily Residence District and the parking regulations contained in § 200-29A(1).

If composed of detached dwelling units, the cluster development shall comply with the bulk regulations contained in § 200-21 for the R-5 One-Family Residence District and the parking regulations contained in § 200-29A(1).

Editor's Note: See Ch. 176, Subdivision of Land.

The area proposed for a cluster development shall be in single ownership or under unified control.

Prior to the issuance of a building permit in a cluster development, a site plan shall be submitted to and approved by the Planning Board in accordance with § 200-50 and the following conditions:

Said site plan shall specify the areas within which structures are proposed to be located, the height and spacing of buildings, open spaces and their landscaping, off-street open and enclosed (if any) parking spaces and streets, driveways and any other physical features relevant to the proposed plan.

Said site plan shall include a statement setting forth the nature of all proposed modifications of existing zoning provisions.

Said site plan shall be subject to review at the public hearing or hearings held pursuant to §§ 276 and 277 of the Town Law for the approval of plats.

Nothing contained in this chapter shall relieve the owner or his agent or the developer of proposed cluster development which includes a subdivision of land from receiving subdivision plat approval in accordance with the Town Subdivision Regulations.[4] In approving the final plat for a cluster development, the Planning Board may modify the acreage requirement for recreation areas, provided that the common land dedicated in § 200-31H(5) of this chapter meets all other requirements of the Town Subdivision Regulations.[5]

Editor's Note: See Ch. 176, Subdivision of Land.

Editor's Note: See Ch. 176, Subdivision of Land.

A cluster development shall be organized as one of the following: a homes association approved by the Federal Housing Administration for mortgage insurance as a planned unit development and approved by the Town Board or a homes association approved by the Town Attorney and Town Board or any other arrangements approved by the Town Attorney and Town Board as satisfying the intent of this chapter. Whenever a homes association is proposed, the Town Board shall retain the right to review and approve the articles of incorporation and charter of said homes association and to require whatever conditions it shall deem necessary to ensure that the intent and purpose of this chapter are carried out. In consideration of said approval, the Town Board shall, in part, require the cluster development to meet the following conditions:

The homes association shall be established as an incorporated, nonprofit organization operating under recorded land agreements through which each homeowner (and any succeeding owner) is automatically a member and each home is automatically subject to a charge for a proportionate share of the expenses for the organization's activities.

Title to all common property shall be placed in the homes association, or definite and acceptable assurance shall be given that it automatically will be so placed within a reasonable period of time.

Each homeowner shall have equal voting rights in the association and shall have the right to the use and enjoyment of the common property.

Once established, all responsibility for operation and maintenance of the common land and facilities shall lie with the homes association.

Dedication of all common areas shall be recorded directly on the subdivision plat and site plan or by reference on the plat and site plan to a dedication in a separately recorded document. Resubdivision of such areas is prohibited. The dedication shall:

Reserve the title of the common property for the homes association free of any cloud of implied public dedication.

Commit the developer to convey the areas to the homes association at an approved time.

Grant easements of enjoyment over the area to the homeowners.

Give to the homes association the right to borrow for improvements upon the security of the common areas.

Give to the homes association the right to suspend membership rights for nonpayment of assessments or infraction of published rules.

Covenants shall be established limiting all homes to one-family use and all common lands to open space uses. No structures may be erected on such common lands except as shown on the approved site plan.

Each deed to each home sold shall include by reference all recorded declarations, such as covenants, dedications and other restrictions, including assessments and the provision for liens for nonpayment of such.

The homes association shall be perpetual, shall purchase insurance, shall pay taxes, shall specify in its charter and bylaws an annual homeowner's fee and provision for assessments and shall establish that all such charges shall become a lien on each property in favor of said association. The homes association shall have the right to proceed in accordance with all necessary legal action for the foreclosure and enforcement of liens, and it shall also have the right to commence action against any member for the collection of any unpaid assessment in any court of competent jurisdiction.

The developer shall assume all responsibilities as previously outlined for the homes association until a majority of the dwellings are sold, at which time the homes association shall be automatically established.

[Amended 8-13-1985 by Ord. No. 120]

Prior to site plan approval, the developer shall file with the Town Board a performance bond to insure the proper installation of all recreation and park improvements shown on the site plan and a maintenance bond to insure the proper maintenance of all common lands until the homes association is established. The amount and period of said bonds shall be determined by the Planning Board, and the form, sufficiency, manner or execution and surety shall be approved by the Town Attorney and Town Board.

§ 200-31.1 Notification of proposed land use activity.

Editor's Note: This local law also stated that: "Prior to the Planning Board utilizing § 200-31, as amended, the Planning Board shall adopt rules and regulations setting forth the criteria pursuant to which an application for modification of zoning provisions may be required, in conformance with § 281 of the Town Law of the State of New York."

[Added 12-15-2015 by L.L. No. 5-2015]

Every applicant that submits an application for a proposed land use activity to the Town Board, Planning Board and/or Zoning Board of Appeals must post one or more notification signs on the property which is the subject of said application within three days of acceptance of the application by the approval authority and must maintain the posted sign(s) place until the approval authority has rendered its final decision approving or denying said application. The sign(s) shall be erected not more than 10 feet from each boundary of the property that abuts a public road and must be conspicuous to the public. The bottom edge of each sign so erected shall be positioned no less than 14 inches and no more than 36 inches above the ground. In the event that the subject property abuts more than one road, additional signs will be posted facing each road on which the property abuts. If the sign's visibility is obscured by vegetation, the applicant must cut the vegetation to a degree sufficient to maintain clear visibility of the sign from the road. If the property does not abut a public road, one or more signs shall be posted in Town-approved locations that can readily be seen by the public. Any sign erected under this provision must be removed within 10 days after the approval authority has rendered its final decision approving or denying said application.

In the event that an application shall be withdrawn or become inactive, the applicant shall remove the sign(s) within five business days of withdrawing the application or of receiving notice from the approval authority that the application has been designated inactive. For the purposes of this section, any application which has not appeared on the approval authority's agenda for six or more months shall be designated inactive. The approval authority shall notify the applicant in writing that the application has become inactive and instruct the applicant to remove the sign(s) until such time as the application shall be reactivated. Once the application is reactivated, the sign(s) shall be posted within three days.

The Town of Ossining will supply the sign(s), and the initial cost will be included in the application fee. The applicant will be responsible for maintaining said sign(s) in good condition so as to be visible to and readable by the public. The applicant shall be responsible for replacing any sign(s) that is(are) damaged, destroyed, lost or stolen during the pendency of the application. A replacement fee will be charged for each sign that needs to be replaced. The amount of said replacement fee shall be determined from time to time by the Town Building Inspector.

Prior to the commencement of any public hearings or, if no public hearings are required, prior to the rendering of any decision disposing of any application, the applicant shall submit a sworn certification on a form provided by the Town, together with legible photographic evidence, to verify the placement and maintenance of the required sign(s). If the certification is not timely submitted, any scheduled public hearings shall be canceled, subject to rescheduling, and any dispositive action by the approval authority shall be deferred until timely certification is submitted. In the event of repeated or continued noncompliance with these sign posting and certification requirements, the application may be dismissed at the discretion of the approval authority.

§ 200-31.2 Accessory apartments on single-family lots.

[Added 11-13-2018 by L.L. No. 4-2018]

Purpose. It is the purpose of this section to legalize and control existing accessory apartments on single-family lots and to regulate new conversions. It is also the intent of this section that neighborhoods zoned as single-family maintain their single-family character. This section will further the Town's goal of providing a diversity of housing in Ossining without changing the low-density, predominately single-family character of the Town. This section is intended to ease the financial burden of homeowners, particularly those with moderate or fixed incomes. It is the further purpose and intent of this section to provide for the health, safety and welfare of the inhabitants of the Town of Ossining and of the occupants of accessory apartments and to ensure that said accessory apartments meet minimum health, fire and safety standards.

Required standards. The Zoning Board of Appeals of the Town of Ossining may permit the construction of an accessory apartment within an existing single-family home or within a detached accessory building on a single-family lot pursuant to the following standards. It shall be unlawful to use, establish, maintain, operate, occupy, rent or lease any portion of any premises as an accessory apartment for residential occupancy in the Town of Ossining without first having obtained an accessory apartment special permit. Failure or refusal to procure an accessory apartment special permit shall be deemed a violation of this chapter.

Location. An accessory apartment shall be located only in that portion of a building for which there has been a valid certificate of occupancy in place for at least two years prior to the application for an accessory apartment special permit or where there is proof, as determined by the Building Inspector, that said portion of the building was built prior to the requirement for a certificate of occupancy.

Size of lot. The lot on which the accessory apartment is proposed shall be no less than the size required by the zoning district in which it is located.

Architectural treatment. The architectural treatment of the structures on the lot shall be such as to portray the character of a single-family lot. Only one main entrance will be permitted on the front side of the principal building; all other entrances shall be at the side or in the rear of the building(s). In addition, no more than one meter for each utility provided to the lot (i.e., gas, water, etc.) shall be permitted. Notwithstanding the above, if an accessory apartment is located in an accessory building on the lot, said accessory apartment may have its own metering.

Floor area. The habitable floor area of the accessory apartment shall be a minimum of 300 square feet and a maximum of 800 square feet, and the area of the accessory apartment shall also not exceed 33% of the habitable floor area of the principal building on the lot.

Bedrooms and occupancy. There shall be a maximum of two bedrooms in the accessory apartment in a single-family home. An accessory apartment in a detached accessory building shall be limited to an efficiency or studio housing unit, as defined in this chapter, and shall be limited to a maximum of two occupants.

Parking. Adequate off-street parking spaces in accordance with § 200-29 of this chapter shall be provided to prevent the parking in public streets of vehicles of any persons residing in the accessory apartment.

Ownership. Either the main dwelling or the accessory apartment must be owner-occupied as the owner's primary residence. The owner shall not rent out the owner's dwelling unit.

Number of accessory apartments per lot. There shall be no more than one accessory apartment nor more than a total of two dwelling units permitted per lot.

Permits. A building permit shall be obtained as otherwise required, and a certificate of occupancy must be issued prior to utilization of an accessory apartment. No permit shall be issued until the Building Inspector, Town Engineer and/or the Westchester County Department of Health, whichever is appropriate, has issued written approval indicating that all applicable health, fire, building and safety requirements, including those relating to adequate sewage disposal capacity, have been met.

Renewal permit. Prior to the issuance of any renewal permit, the Building Inspector, or his designee, shall inspect all areas of the building housing the accessory apartment to determine that there is compliance with all applicable laws, rules and regulations. No renewal permit shall be issued until the Building Inspector, or his designee, determines that there is full compliance with said laws, rules and regulations.

Garage space. Garage space may not be used for an accessory apartment unless the required parking on the lot can otherwise be provided.

Minimum term of rental. The rental term of an accessory apartment shall be for at least three months.

Application for special permit; public hearing; term; renewal.

Application for a special permit for an accessory apartment shall be made to the Zoning Board of Appeals in accordance with the procedures set out in this section. The application shall consist of the following:

A site plan indicating existing building and lot conditions and a dimensioned floor plan of the principal dwelling, any pertinent detached accessory building, and the proposed accessory apartment.

A location map showing the applicant's property and adjacent property and streets, the location of existing and proposed off-street parking, water supply and sewage disposal facilities, ingress and egress to the site and such other information as may be required by the Zoning Board of Appeals to determine compliance with the provisions of this section.

Application fee(s) as set forth in the Schedule of Fees promulgated by the Town Board.[1]

Editor's Note: The Schedule of Fees is on file in the office of the Town Clerk.

Upon receipt of the application, the Board shall conduct at least one public hearing for every application for a special permit for an accessory apartment. The Board may, at its discretion, conduct a public hearing in connection with any renewal application. Legal notice of such hearing shall be published in the official newspaper of the Town of Ossining at least 10 days prior to the public hearing. In addition, the Town shall forward written notice of the date, time and place of the hearing and a brief statement describing the application to every owner of property within a radius of 500 feet from the property lines of the lot which is the subject of the application at least 10 days prior to the date of such hearing.

The term of an initial permit shall be one year. Renewals shall be for three years. Applications for the renewal of special permits shall be made at least 90 days prior to expiration of the permit being renewed.

If any of the provisions set forth in this chapter are not met, and/or if ownership changes, the special permit shall be null and void.

Additional standards of Zoning Board of Appeals.

When considering an application for a special permit for an accessory apartment, the Board shall apply the following standards, in addition to those general standards found in this chapter.

The use will not restrict the use of adjacent properties.

The use and the traffic generated by the use will not adversely affect the character of the neighborhood.

The use will not endanger the health, safety or general welfare of the neighborhood or the community.

It is the Town's intent that neighborhoods zoned as single-family retain their single-family character. The Town recognizes that there may come a time when the number of accessory apartments in a single-family-zoned neighborhood will adversely affect the character thereof. The Zoning Board of Appeals shall therefore deny a special permit for an accessory apartment should it find that the number of accessory apartments in a neighborhood, including the one proposed, will adversely affect the character of a single-family-zoned neighborhood. This criteria for denial shall include, but not be limited to the circumstance where three other such permits or approvals for accessory apartments have been issued within a radius of 500 feet of the property lines of the lot containing the proposed accessory apartment.

The standards and provisions of all special uses as provided for in § 200-45C of the Code of the Town of Ossining shall be applicable to this special permit procedure to the extent that the same are not inconsistent therewith. Further, if any of the provisions of this section are found to be in conflict with § 200-45C, the provisions of this section shall be controlling.

As a condition to the issuance of an accessory apartment permit, the Zoning Board of Appeals may impose such conditions as deemed proper and necessary upon the accessory apartment, the principal single-family dwelling, any pertinent detached accessory building, and/or the property to preserve the character of the neighborhood and/or the health, safety and welfare of neighboring residents.

Reinspection. Accessory apartments which have been approved by the Zoning Board of Appeals shall be reinspected by the Building Inspector one year after issuance of the permit and every year thereafter. In the event the inspection discloses any noncompliance with or violations of the terms of this section, any condition of the permit, any state or local law, regulation or ordinance or, in the discretion of the Building Inspector, any condition which does or could pose a hazard to the health, welfare and safety of either the occupant(s) of the accessory apartment, the main building or any other members of the public, the Building Inspector shall report such findings, in writing, to the Zoning Board of Appeals. The Zoning Board of Appeals shall thereupon schedule a public hearing with due notice to determine whether the permit should be revoked based upon such noncompliance, violations or other condition(s) noted by the Building Inspector. Refusal to allow reinspection by the Building Inspector shall be a basis for revocation of the permit by the Zoning Board of Appeals after a public hearing.

Sale of dwelling unit; renewal of special permit. In the event that a lot with a valid special permit for an accessory apartment is sold, the special permit shall lapse unless, within 90 days after the transfer of title, the new owner shall apply for renewal of the previous special permit under this section. If such application is timely made, the new owner shall not be deemed in violation of this section so long as the renewal application is pursued with due diligence. If such renewal application is granted, the new special permit shall run three years from the date of transfer of title. If, after transfer of title, a renewal application shall not be made within 90 days, any application thereafter made shall be treated as an initial application and any permit issued pursuant to said application shall be for a period of one year.

Boarders prohibited. No boarders shall be permitted in either the principal dwelling unit or the accessory apartment. A dwelling may not receive an accessory apartment special permit for a tourist home, rooming house or boardinghouse.

Special permit required for preexisting units. All owners of accessory apartments who have not previously obtained special permits for such accessory apartments located on their lots shall apply to the Zoning Board of Appeals for a special permit within six months following the effective date of this section. If application is so made within said six-month period, the owner of the accessory apartment shall not be deemed in violation of this section. If application to the Zoning Board of Appeals is not made within said six-month period, the owner of the accessory apartment shall be deemed in violation of this chapter and shall be subject to the penalties provided herein.

Penalties for offenses. Any owner or builder, or any agent of either of them, who fails to secure a special permit for an accessory apartment, who allows occupancy of an accessory apartment, or who constructs or causes to be constructed an accessory apartment in violation of the provisions of this chapter shall be subject to § 200-43 of this chapter.

§ 200-31.3 Solar energy systems.

[Added 12-18-2018 by L.L. No. 1-2019]

Authority. This section is adopted pursuant to §§ 261 through 263 of the Town Law and § 20 of the Municipal Home Rule Law of New York State (NYS), which authorize the Town to adopt zoning provisions that advance and protect the health, safety and welfare of the community and, in accordance with the NYS Town Law, "to make provision for, so far as conditions may permit, the accommodation of solar energy systems and equipment and access to sunlight necessary therefor."

Statement of purpose. This section is adopted to advance and protect the public health, safety and welfare of the Town by creating regulations for the installation and use of solar energy generating systems and equipment, with the following objectives:

To take advantage of a safe, abundant, renewable and nonpolluting energy resource;

To decrease the cost of electricity to the owners of residential and commercial properties, including single-family homes;

To increase employment and business development in the Town, to the extent reasonably practical, by furthering the installation of solar energy systems;

To mitigate the impacts of solar energy systems on environmental resources such as forests, wildlife and other protected resources;

To create synergy between solar and other stated goals of the Town;

To decrease the use of fossil fuels, thereby reducing the carbon footprint in the Town;

To invest in a locally generated source of energy and to increase local economic value, rather than importing nonlocal fossil fuels;

To align the laws and regulations of the Town with several policies of the State of New York, particularly those that encourage distributed energy systems;

To become more competitive for state and federal grants and tax benefits;

To make the Town more resilient during storm events;

To aid in the energy independence of the Town as well as the country; and

To diversify energy resources to decrease dependence on the grid.

Applicability.

The requirements of this section shall apply to all solar energy systems permitted, installed or modified in the Town after the effective date of this section, excluding general maintenance and repair.

Solar energy systems constructed or installed prior to the effective date of this section shall not be required to meet the requirements of this section.

Modifications to an existing solar energy system that increase the solar energy system area by more than 5% of the original area of the solar energy system (exclusive of any fencing) shall be subject to this section.

Solar energy systems shall be designed, erected and installed in accordance with all applicable codes, regulations and industry standards as referenced in the NYS Uniform Fire Prevention and Building Code (the "Building Code"), the NYS Energy Conservation Code (the "Energy Code") and the Town Code.

General requirements.

A building permit shall be required for the installation of all solar energy systems.

Approval authorities in the Town are encouraged to condition their approval of proposed developments on sites adjacent to solar energy systems so as to protect the access of such systems to sufficient sunlight so as to remain economically feasible over time.

Safety.

Solar energy systems and solar energy equipment shall be certified under the applicable electrical and/or building codes as required.

Solar energy systems shall be maintained in good working order and in accordance with industry standards. Site access shall be maintained, including snow removal at a level acceptable to the Fire Department and Ambulance Corps.

If storage batteries are included as part of the solar energy system, they shall meet the requirements of any applicable fire prevention and building code when in use and, when no longer used, shall be disposed of in accordance with the laws and regulations of the Town and any applicable federal, state or county laws or regulations.

Solar energy system installations must be performed by a qualified solar installer.

All on-site utility lines shall be placed underground 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.

Solar energy systems and solar energy equipment shall, to the extent reasonably possible, use materials, colors and textures that blend the facility into the existing environment.

Mechanical and/or electrical equipment, including any structure for storage batteries, shall be enclosed by a seven-foot-high fence, as required by the National Electric Code, with a self-locking gate to prevent unauthorized access.

Permitting requirements for Tier 1 solar energy systems. Tier 1 solar energy systems shall be permitted in all of the zoning districts in the Town, subject to the issuance of a building permit and the following conditions:

Roof-mounted solar energy systems.

Roof-mounted solar energy systems shall incorporate the following design requirements:

Solar panels on pitched roofs shall be mounted with a maximum distance of eight inches between the roof surface and the highest edge of the system.

Solar panels on pitched roofs shall be installed parallel to the roof surface on which they are mounted or attached.

Solar panels on pitched roofs shall not extend higher than the highest point of the roof surface on which they are mounted or attached.

Solar panels on flat roofs shall not extend above the top of the surrounding parapet, or more than 24 inches above the flat surface of the roof, whichever is higher.

Solar panels shall have antireflective coating(s).

[6]

Roof-mounted solar energy systems shall comply with the height limitations in Table 3 herein.[1]

Editor's Note: Table 3 is included as an attachment to this chapter.

Building-integrated solar energy systems shall be shown on the plans submitted for the building permit application for the building containing the system.

Permitting requirements for Tier 2 solar energy systems. Tier 2 solar energy systems shall be permitted in all of the zoning districts in the Town as accessory structures and shall be subject to the issuance of site plan approval under § 200-50 of this chapter, § 200-31.3H below, Architectural Review Board approval pursuant to Chapter 55 of this Code, and the following conditions:

Coating. Solar panels shall have antireflective coating(s).

Lot size. The lot on which the Tier 2 solar energy system is placed shall meet the minimum lot size requirements in Table 1 herein.[2]

Editor's Note: Table 1 is included as an attachment to this chapter.

Setbacks. Tier 2 solar energy systems shall comply with the setback requirements of Table 2 herein.[3]

Editor's Note: Table 2 is included as an attachment to this chapter.

Height. Tier 2 solar energy systems shall comply with the height limitations in Table 3 herein.[4]

Editor's Note: Table 3 is included as an attachment to this chapter.

Location. Tier 2 solar energy systems shall only be installed in side or rear yards.

Screening and visibility.

Tier 2 solar energy systems shall be screened to the maximum extent reasonably possible from public roadways and adjacent properties through the use of architectural features, earth berms, landscaping, fencing or other screening methods which harmonize with the character of the subject property and the surrounding area. The screening shall not, however, interfere with the normal operation of the solar collectors. A landscaping and screening plan shall be submitted which specifies the locations, elevations, height, plant species and/or materials that will comprise the structures, landscaping and/or grading used to screen and/or mitigate any adverse aesthetic effects of the system. A covenant regarding the maintenance of any required screening shall be provided by the applicant.

Solar energy equipment shall be located in a manner so as to reasonably avoid and/or minimize the blockage of views from surrounding properties and shading of property to the north, while still providing adequate solar access.

Tree removal shall be subject to Chapter 183 of this Code, including, but not limited to, § 183-12G pertaining to tree replacement and/or other mitigation.

The clearing of vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the Tier 2 solar energy system. Solar energy systems shall not be sited within any required buffer areas.

Coverage. The area beneath ground-mounted solar collectors and solar energy equipment shall be included in calculating maximum permitted building coverage for the applicable zoning district notwithstanding that the collectors are not "buildings." These calculations shall, however, exclude pervious open space between arrays or rows of solar panels. The maximum permitted building coverage for the lot shall be 35%.

Requirements for Tier 3 solar energy systems.

One of the many important environmental resources of the Town is its trees. In the legislative findings of Chapter 183 of this Code, the Town Board has found that trees in the Town are potentially in jeopardy of being destroyed or damaged by possible uncontrolled and unregulated cutting, regrading, drainage alteration, construction or other such acts, and that the trees in the Town are a valuable natural resource which can serve to benefit the entire Town and surrounding region. Another important resource of the Town is its visual environment. That is the reason for the Town's creation of an Architectural Review Board. The Town Board believes that it is essential to balance the preservation and use of competing environmental resources for the benefit of the community and surrounding region.

In the interest of maintaining this balance, the Town Board may entertain the creation of Tier 3 solar energy system floating zones by the legislative amendment of the Town's Zoning Map. The One-Family, GB, O-RB, O-RE and BE Zoning Districts are eligible hosts for this floating zone. The Town Board, as a legislative body, has broad discretion in amending the Zoning Map and shall take the preservation and use of environment resources, as well as any other factors it deems pertinent, into consideration in determining whether the Board will entertain an application for the creation of said floating zone. In evaluating this balance, the Town Board will, all other things being equal, favor paved parking areas over natural treeless areas, and will favor natural treeless areas over treed areas, for the installation of Tier 3 solar energy systems. Protection of the visual environment is another important consideration of the Town Board.

Amendment of the Zoning Map shall follow the same procedure contained in Article XII of this chapter.

Subsequent to amendment of the Zoning Map, Tier 3 solar energy systems are permitted through the issuance of a conditional use permit and site plan approval under §§ 200-49 and 50 of this chapter respectively, Subsections H and I below, and Architectural Review Board approval pursuant to Chapter 55 of this Code.

Site plan application. In addition to the other site plan application requirements in this chapter, the following site plan application requirements apply:

The application shall include the following information:

Property lines and physical features, including roads, for the project site.

Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, and screening vegetation or structures.

A one- or three-line electrical diagram detailing the solar energy system layout, solar collector installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices.

A preliminary equipment specification sheet that documents all solar panels, significant components, mounting systems and inverters that are proposed to be installed. A final equipment specification sheet shall be submitted prior to the issuance of a building permit.

The name, address and contact information of the proposed or potential system installer and the owner and/or operator of the solar energy system. Final information regarding the system installer shall be submitted prior to the issuance of a building permit.

The name, address, phone number and signature of the project applicant, as well as the property owner(s), demonstrating their consent to the application and the use of the property for the solar energy system.

(g)

The zoning district designation of the parcel(s) of land comprising the project site.

(h)

A property operation and maintenance plan which describes the continuing photovoltaic maintenance and property upkeep, such as mowing and trimming of vegetation.

(i)

Erosion and sediment control and stormwater management plans prepared to NYS State Department of Environmental Conservation standards, if applicable, and to such standards as may be established by the Planning Board.

Prior to the issuance of the building permit and prior to approval by the Planning Board, but not required as part of the application, engineering documents must be signed and sealed by a NYS licensed professional engineer or NYS registered architect.

Conditional use permit. In addition to the other conditional use standards in this chapter, the following conditional use permit standards shall apply:

Lot size. The property on which the Tier 3 solar energy system is placed shall meet the lot size requirements in Table 1 herein.[5]

Editor's Note: Table 1 is included as an attachment to this chapter.

Setbacks. Tier 3 solar energy systems shall comply with the setback requirements of Table 2 herein.[6]

[6]

Editor's Note: Table 2 is included as an attachment to this chapter.

Height. Tier 3 solar energy systems shall comply with the height limitations in Table 3 herein.[7]

[7]

Editor's Note: Table 3 is included as an attachment to this chapter.

Screening and visibility.

Tier 3 solar energy systems shall be screened to the maximum extent reasonably possible from public roadways and adjacent properties through the use of architectural features, earth berms, landscaping, fencing or other screening methods which harmonize with the character of the subject property and the surrounding area. The screening shall not, however, interfere with the normal operation of the solar collectors. A covenant regarding the maintenance of any required screening shall be provided by the applicant.

Tier 3 solar energy systems shall be required to:

Conduct a visual assessment of the visual impacts of the solar energy system on public roadways and adjacent properties. At a minimum, a line-of-sight profile analysis shall be provided. Depending upon the scope and potential significance of the visual impacts, additional impact analyses, including, for example, a digital viewshed report, shall be required to be submitted by the applicant.

Submit a screening and landscaping plan to show adequate measures to screen through landscaping, grading or other means so that views of solar panels and solar energy equipment shall be minimized as reasonably practical and feasible from public roadways and adjacent properties.

The screening and landscaping plan shall specify the locations, elevations, height, plant species and/or materials that will comprise the structures, landscaping and/or grading used to screen and/or mitigate any adverse aesthetic effects of the system.

Driveways. Vehicular driveways within the site shall be designed to minimize the extent of impervious materials and soil compaction.

Signage.

No signage or graphic content shall be displayed on the solar energy systems except for the manufacturer's name, equipment specification information, safety information and twenty-four-hour emergency contact information. Said information shall be depicted within an area no more than eight square feet.

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.

Coating. The solar panels shall have antireflective coating(s).

Lighting. Lighting of the solar energy systems shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties.

Trees. Tree removal shall be subject to Chapter 183 of this Code, including, but not limited to, § 183-12G pertaining to tree replacement and/or other mitigation.

Clearing of vegetation. The clearing of vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the Tier 3 solar energy system. Solar energy systems shall not be sited within any required buffer areas.

Security.

A cash deposit, bond or other form of security in an amount and form acceptable to the Town Attorney and Town Engineer shall be submitted to the Town, and shall be in an amount sufficient to ensure the good-faith performance of the terms and conditions of the permit issued pursuant hereto, and shall also provide for the removal of the solar energy system and restoration of the lot subsequent to removal. The amount of the cash deposit, bond or other security shall be 125% of the cost of removal of the solar energy system and restoration of the property with an escalator of 2% annually for the life of the solar energy system. The decommissioning amount shall be reduced by the amount of the estimated salvage value of the solar energy system.

In the event of default upon performance of such conditions, after proper notice and expiration of any cure periods, the cash deposit, bond or other security shall be forfeited to the Town, which shall be entitled to maintain an action thereon. The cash deposit, bond or other security shall remain in full force and effect until restoration of the property as set forth in the decommissioning plan is completed.

In the event of default or abandonment of the solar energy system, the system shall be decommissioned as set forth in Subsections I(13) and (14) herein.

(13)

Abandonment.

Upon cessation of electricity generation of a solar energy system on a continuous basis for 12 months, the Town may notify and instruct the owner and/or operator of the solar energy system to implement the decommissioning plan. The decommissioning plan must be completed within 360 days of notification.

If the owner and/or operator fails to comply with decommissioning upon abandonment of the solar energy system, the Town may, at its discretion, utilize the cash deposit, bond or other security for the removal of the solar energy system and restoration of the site in accordance with the decommissioning plan.

(14)

Decommissioning.

Solar energy systems that have been abandoned and/or not producing electricity for a period of one year shall be removed at the owner and/or operator's expense, which, at the owner's option, may come from any security made with the Town as set forth in Subsection I(12) herein.

A decommissioning plan signed by the owner and/or operator of the solar energy system shall be submitted by the applicant, addressing the following:

The cost of removing the solar energy system.

The time required to decommission and remove the solar energy system and any ancillary structures.

The time required to repair any damage caused to the property on which the solar energy system is located by the installation and removal of the system.

§ 200-31.4 Battery energy storage systems.

The decommissioning plan shall state that the site shall be restored to as natural a condition as possible within six months of the removal of all equipment, structures and foundations. Such restoration shall include, where appropriate, restoration of the surface grade and soil after removal of all equipment and revegetation of restored soil areas with native seed mixes.

(15)

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

(16)

Vegetation management plan. The application for a Tier 3 solar energy system shall include a vegetation management plan which incorporates existing and proposed native perennial vegetation and seed mixes to the maximum extent practicable for foraging habitat beneficial to game birds, song birds and pollinators. Said vegetation shall be located beneath and around solar collectors and solar energy equipment, as applicable, to the extent reasonably practical.

Conflict. If any of the provisions of this section are found to be in conflict with other provisions of this chapter, the provisions of this section shall be controlling.

[Added 1-26-2021 by L.L. No. 2-2021]

Authority. This section is adopted pursuant to §§ 261 through 263 of the Town Law and § 20 of the Municipal Home Rule Law of New York State (NYS), which authorize the Town to adopt zoning provisions that advance and protect the health, safety and welfare of the community and, in accordance with the NYS Town Law, "to make provision for, so far as conditions may permit, the accommodation of battery energy storage systems and equipment and access to sunlight necessary therefor."

Statement of purpose. This section is adopted to advance and protect the public health, safety and welfare of the Town by creating regulations for the installation and use of battery energy storage systems and equipment.

Applicability.

The requirements of this section shall apply to all battery energy storage systems permitted, installed, or modified in the Town after the effective date of this section, excluding general maintenance and repair.

Battery energy storage systems that have a valid building permit or have been constructed or installed prior to the effective date of this section shall not be required to meet the requirements of this section.

Modifications to, retrofits or replacements of an existing battery energy storage system that increase the total battery energy storage system designed discharge duration or power rating shall be subject to this section.

General requirements.

A building permit and an electrical permit shall be required for installation of all battery energy storage systems.

All battery energy storage systems, all dedicated-use buildings, and all other buildings or structures that 1) contain or are otherwise associated with a battery energy storage system and 2) are subject to the Uniform Code and/or the Energy Code shall be designed, erected, and installed in accordance with all applicable provisions of the Uniform Code, all applicable provisions of the Energy Code, and all applicable provisions of the codes, regulations, and industry standards as referenced in the Uniform Code, the Energy Code, and the Town Code.

Tier 1 battery energy storage systems shall be permitted in all zoning districts, as an accessory use subject to the Uniform Code and the battery energy storage system permit, and shall be shown on plans submitted for the building permit application for the building containing the system. Tier 1 battery energy storage systems are exempt from site plan review.

Battery energy storage systems for one- or two-family residential dwelling units shall not exceed an aggregate energy capacity of the following:

Forty kWh within utility closets and storage or utility spaces.

Eighty kWh in attached or detached garages and detached accessory structures.

Eighty kWh on exterior walls.

Eighty kWh outdoors on the ground.

All outside Tier 1 battery energy storage systems shall only be installed in side or rear yards and meet the minimum lot size and standard setbacks in the zoning district for principal structures. Heights are limited to 6.5 feet for any external battery energy storage systems.

All outside Tier 1 battery energy storage systems shall provide a firesafety compliance plan. Such plan shall document and verify that the system and its associated controls and safety systems are in compliance with the Uniform Code.

All outside Tier 1 battery energy storage systems shall not have an area greater than 225 square feet for a single energy storage system, and all systems in the aggregate shall not occupy more than 25% of the area of the required rear or side yard.

Requirements for Tier 2 battery energy storage systems.

In the interest of promoting alternative energy through battery energy storage, the Town Board may entertain the creation of Tier 2 battery energy storage system floating zones by the legislative amendment of the Town's Zoning Map. The One-Family, GB, O-RB, O-RE and BE Zoning Districts are eligible hosts for this floating zone. The Town Board, as a legislative body, has broad discretion in amending the Zoning Map and shall take the preservation and use of environment resources, as well as any other factors it deems pertinent, into consideration in determining whether the Board will entertain an application for the creation of said floating zone. In evaluating this balance, the Town Board will, all other things being equal, favor paved parking areas over natural treeless areas, and will favor natural treeless areas over treed areas, for the installation of Tier 2 battery energy storage systems. Protection of the visual environment is another important consideration of the Town Board. All applications for Tier 2 battery energy storage system floating zone shall be subject to the Uniform Code and the site plan application requirements set forth in this section.

Amendment of the Zoning Map shall follow the same procedure contained in Article XII of this chapter.

Subsequent to amendment of the Zoning Map, Tier 2 battery energy storage systems are permitted through the issuance of a conditional use permit and site plan approval under §§ 200-49 and 200-50 of this chapter, respectively, Subsections G and H below, and Architectural Review Board approval pursuant to Chapter 55 of this Code.

Site plan application. For the installation of Tier 2 battery energy storage systems, the following site plan requirements apply:

Property lines and physical features, including roads, for the project site.

Proposed changes to the landscape of the site, grading, vegetation clearing and planting, and exterior lighting.

A screening and landscaping plan to show adequate measures to screen through landscaping, grading or other means so that views of the storage systems shall be minimized as reasonably practical and feasible from public roadways and adjacent properties.

Location of the battery energy storage system and setbacks from property lines.

A one- or three-line electrical diagram detailing the battery energy storage system layout, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and over current devices.

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 a building permit.

Name, address, and contact information of the proposed or potential system installer and the owner and/or operator of the battery energy storage system. Such information of the final system installer shall be submitted prior to the issuance of a building permit.

Name, address, phone number, and signature of the project applicant, as well as all the property owners, demonstrating their consent to the application and the use of the property for the battery energy storage system.

Zoning district designation for the parcel(s) of land comprising the project site.

Commissioning plan. Such plan shall document and verify that the system and its associated controls and safety systems are in proper working condition per requirements set forth in the Uniform Code. Where commissioning is required by the Uniform Code, battery energy storage system commissioning shall be conducted by a New York State (NYS) licensed professional engineer 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 required in the Uniform Code shall be provided to the Building Inspector prior to final inspection and approval and maintained at an approved on-site location.

Firesafety compliance plan. Such plan shall document and verify that the system and its associated controls and safety systems are in compliance with the Uniform Code.

Operation and maintenance manual. Such plan shall describe continuing battery energy storage system maintenance and property upkeep, as well as design, construction, installation, testing and commissioning information, and shall meet all requirements set forth in the Uniform Code.

(13)

Erosion and sediment control and stormwater management plans prepared to New York State Department of Environmental Conservation standards, if applicable, and to such standards as may be established by the Planning Board.

(14)

Prior to the issuance of the building permit or final approval by the Planning Board, but not required as part of the application, engineering documents must be signed and sealed by a NYS licensed professional engineer.

(15)

Emergency operations plan. A copy of the approved emergency operations plan shall be given to the system owner, the local Fire Department, and local fire code official. A permanent copy shall also be placed in an approved location to be accessible to facility personnel, fire code officials, and emergency responders. The emergency operations plan shall include the following information:

Procedures for safe shutdown, de-energizing, or isolation of equipment and systems under emergency conditions to reduce the risk of fire, electric shock, and personal injuries, and for safe start-up following cessation of emergency conditions.

Procedures for inspection and testing of associated alarms, interlocks, and controls.

Procedures to be followed in response to notifications from the battery energy storage management system, when provided, that could signify potentially dangerous conditions, including shutting down equipment, summoning service and repair personnel, and providing agreed upon notification to Fire Department personnel for potentially hazardous conditions in the event of a system failure.

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. Procedures can include sounding the alarm, notifying the Fire Department, evacuating personnel, de-energizing equipment, and controlling and extinguishing the fire.

Response considerations similar to a safety data sheet (SDS) that will address response safety concerns and extinguishment when an SDS is not required.

Procedures for dealing with battery energy storage system equipment damaged in a fire or other emergency event, including maintaining contact information for personnel qualified to safely remove damaged battery energy storage system equipment from the facility.

(g)

Other procedures as determined necessary by the Town to provide for the safety of occupants, neighboring properties, and emergency responders.

(h)

Procedures and schedules for conducting drills of these procedures and for training local first responders on the contents of the plan and appropriate response procedures.

Conditional use permit. In addition to the other conditional use standards in this chapter, the following conditional use permit standards shall apply for Tier 2 battery energy storage systems:

Bulk requirements. The property on which the Tier 2 battery energy storage system is placed shall meet the lot size, setbacks, and height requirements in the Tier 2 battery energy storage system bulk table herein.

Screening and visibility. Tier 2 battery energy storage systems shall be screened to the maximum extent practicable from public roadways and adjacent properties through the use of architectural features, earth berms, landscaping, fencing or other screening methods which harmonize with the character of the subject property and the surrounding area. The screening shall not, however, interfere with the normal operation, ventilation or exhaust ports, or firesafety of the storage system. A covenant regarding the maintenance of any required screening shall be provided by the applicant.

Access. Vehicular access within the site shall be designed to minimize the extent of impervious materials and soil compaction and meet any applicable emergency access or safety requirements.

Trees and vegetation. The clearing of vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the Tier 2 battery energy storage system.

Areas within 10 feet on each side of Tier 2 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.

Tree removal shall be subject to Chapter 183 of this Code, including, but not limited to, § 183-12G pertaining to tree replacement and/or other mitigation.

Battery energy storage systems shall not be sited within any required buffer areas.

Fencing. All mechanical equipment shall be enclosed by a 6.5-foot-high fence or a fence with a self-locking gate to prevent unauthorized access unless housed in a dedicated-use building and not interfering with ventilation or exhaust ports.

Lighting. Lighting of the battery energy storage systems shall be limited to lighting that is minimally required for safety and operational purposes and shall be reasonably shielded, downcast and does not encroach on abutting properties. All lighting should be less than 3,000 Kelvin.

Coverage. The battery energy storage system shall be included in calculating maximum permitted building coverage for the applicable zoning district.

Security.

A cash deposit, bond or other form of security in an amount and form acceptable to the Town Attorney and Town Engineer shall be submitted to the Town, and shall be in an amount sufficient to ensure the good-faith performance of the terms and conditions of the permit issued pursuant hereto, and shall also provide for the removal of the battery energy storage system and restoration of the lot subsequent to removal. The amount of the cash deposit, bond or other security shall be 125% of the cost of removal of the battery energy storage system and restoration of the property with an escalator of 2% annually for the life of the battery energy storage system. The decommissioning amount shall be reduced by the amount of the estimated salvage value of the battery energy storage system.

In the event of default or abandonment of the battery energy storage system, the system shall be decommissioned as set forth in Subsection H(9) and (10) herein.

Abandonment.

Upon cessation of electricity generation of a battery energy storage system on a continuous basis for 12 months, the Town may notify and instruct the owner and/or operator of the battery energy storage system to implement the decommissioning plan. The decommissioning plan must be completed within 360 days of notification.

If the owner and/or operator fails to comply with decommissioning upon abandonment of the battery energy storage system, the Town may, at its discretion, utilize the cash deposit, bond or other security for the removal of the battery energy storage system and restoration of the site in accordance with the decommissioning plan Subsection L herein.

Decommissioning. Battery energy storage systems that have been abandoned and/or not producing electricity for a period of one year shall be removed at the owner and/or operator's expense, which, at the owner's option, may come from any security made with the Town as set forth in Subsection F(8) herein.

Ownership or operator changes. If the owner or operator of the battery energy storage system changes or the owner of the property changes, the conditional use permit shall remain in effect, provided that the successor owner or operator assumes, in writing, all of the obligations of the conditional use permit, site plan approval and decommissioning plan. A new owner or operator of the battery energy storage system shall notify the Building Inspector of such change in ownership or operator within 30 days of the ownership or operator change. A new owner or operator must provide such notification to the Building Inspector in writing. The special use permit and all other local approvals for the battery energy storage system would be void if a new owner or operator fails to provide written notification to the Building Inspector in the required time frame. Reinstatement of a void permit will be subject to the same review and approval processes for new applications under this section.

Utility lines and electrical circuitry. 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.

Noise. The noise generated from the battery energy storage systems, components, and associated ancillary equipment shall meet the requirements of Chapter 130, Noise. Applicants may submit equipment and component manufacturers noise ratings to demonstrate compliance. The applicant may be required to provide operating sound pressure level measurements from a reasonable number of sampled locations at the perimeter of the battery energy storage system to demonstrate compliance with this standard.

Signage.

The 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, the type of suppression system installed in the area of battery energy storage systems, and twenty-four-hour emergency contact information, including reach-back phone number.

As required by the NEC, disconnect and other emergency shutoff information shall be clearly displayed on a light reflective surface. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.

Decommissioning plan. The applicant shall submit a decommissioning plan, developed in accordance with the Uniform Code, to be implemented upon abandonment and/or in conjunction with removal from the facility prior to the issuance of a building permit. The decommissioning plan shall include:

A narrative description of the activities to be accomplished, including who will perform that activity and at what point in time, for complete physical removal of all battery energy storage system components, structures, equipment, security barriers, and transmission lines from the site;

Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations;

The anticipated life of the battery energy storage system;

The estimated decommissioning costs and how said estimate was determined;

The method of ensuring that funds will be available for decommissioning and restoration;

The method by which the decommissioning cost will be kept current;

The manner in which the site will be restored, including a description of how any changes to the surrounding areas and other systems adjacent to the battery energy storage system, such as, but not limited to, structural elements, building penetrations, means of egress, and required fire detection suppression systems, will be protected during decommissioning and confirmed as being acceptable after the system is removed; and

A listing of any contingencies for removing an intact operational energy storage system from service and for removing an energy storage system from service that has been damaged by a fire or other event.

An application shall not be deemed complete unless it addresses all matters listed in this section, including, but not necessarily limited to, i) compliance with all applicable provisions of the Uniform Code and all applicable provisions of the Energy Code and ii) matters relating to the proposed battery energy storage system and floodplain, utility lines and electrical circuitry, signage, lighting, vegetation and tree-cutting, noise, decommissioning, ownership changes, safety, and permit time frame and abandonment.

Safety; system certification. Battery energy storage systems and equipment shall be listed by a nationally recognized testing laboratory to UL 9540 (standard for battery energy storage systems and equipment) with subcomponents meeting each of the following standards as applicable:

UL 1973 (standard for batteries for use in stationary, vehicle auxiliary power, and light electric rail applications);

UL 1642 (standard for lithium batteries);

UL 1741 or UL 62109 (inverters and power converters);

Certified under the applicable electrical, building, and fire prevention codes as required;