The supplemental regulations consider the unique characteristics
of each use and the potential impacts they may have on the community
and its residents. Said regulations are in addition to the regulations
of the underlying district.
It is recognized that buildings and establishments operated
as adult uses have serious objectionable operational characteristics.
In order to promote the health, safety and general welfare of the
residents of the Town of Sardinia, this subsection is intended to
restrict adult uses to nonresidential, nonbusiness areas of the Town
of Sardinia and otherwise regulate their operation. Moreover, in light
of the fact that the operational characteristics of adult uses increase
the detrimental impact on a community when such uses are concentrated,
this subsection is intended to promote the health, safety and general
welfare of the residents of the Town of Sardinia by regulating the
concentration of such uses and to lessen the following possible secondary
effects attributable to such uses: the creation of traffic and/or
parking problems, loitering due to the attraction of transients, increases
in criminal activities, the loss of business to nearby nonadult commercial
establishments, the blighting or downgrading of adjacent neighborhoods
and the potential for endangering the well-being of minors. The special
regulations deemed necessary to control the undesirable secondary
effects arising from these enterprises are set forth below:
A.
Location of adult uses. The following provisions shall apply to the
location of adult uses:
(1)
Adult uses shall be permitted in the LC-Limited Commercial District
with approval of a special use permit from the Town Board.
(2)
No adult use shall be permitted within 1,000 feet of the following:
(3)
For measurement purposes, the distance between an adult use and any
such other named uses shall be measured in a straight line without
regard to intervening structures or objects from the closest structural
wall of such adult use to the boundary line of such residence, school,
nursery school, religious institution, house of worship, public park,
playground or public recreational facility, historic or scenic resource,
civic or cultural facility;
(4)
Not more than one adult use shall be located in the same building
or upon the same lot or parcel of land;
(5)
No adult use shall be located within a 1,000-foot radius of another
adult use;
(6)
All building openings, including doors and windows, shall be coated,
covered or screened in such a manner as to prevent a view into the
establishment from any public street, sidewalk or parking area;
(7)
No loudspeakers or sound equipment shall be used by adult uses that
can be heard by the public from outside the establishment; and
(8)
As a condition of approval of any adult use, there shall be a restriction
that no person under the age of 18 years shall be permitted into or
on the premises.
B.
Additional sign requirements. In addition to the sign requirements
of this chapter,[1] the following provisions shall apply to signs erected
or maintained in connection with an adult use.
(1)
No off-site signs shall be permitted;
(2)
Advertisements, displays or promotional materials shall not be shown
or exhibited so as to be visible to the public from pedestrian sidewalks
or walkways or from other areas public or semipublic, and such displays
shall be considered signs;
(3)
Not more than one business wall sign shall be permitted for an adult
use, and such sign shall be permitted only on the front facade;
(4)
Sign messages shall be generic in nature, shall not contain advertising
material and shall only identify the business that is being conducted;
and
(5)
Such sign shall be reviewed by the Town Board in conjunction with
the special use application and shall conform to all signage requirements
of this chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The keeping of agricultural animals owned by a resident or occupant
for noncommercial agricultural purposes shall be a permitted accessory
use within an AR-Agricultural Residential District subject to the
following:
A.
The lot has a minimum width of 150 feet and a minimum lot area of
two acres for the first agricultural animal and additional area of
one acre for each additional agricultural animal;
B.
The barn and grazing area is located at least 200 feet from any neighboring
residence.
C.
The barn is located at least 25 feet from any lot line.
D.
Manure and other waste or excretion accumulation on such premises
or in a structure shall not be kept in an unsightly or unsanitary
manner. The waste shall be properly disposed of so as not to create
odors that disturb occupants of adjoining properties. Nothing in this
provision shall authorize on-site disposal of waste of any animals
not resident on the zoning lot.
A commercial riding stable with or without a riding school is
permitted within an Agricultural Residential District with approval
of a special use permit from the Town Board subject to the following:
A.
The site shall consist of no less than five acres, with no less than
one acre per horse, not including parking areas, and no more than
50 horses shall be boarded at one time. All lands used to meet this
requirement for commercial riding stables shall be under single ownership.
B.
The barn or any stabling facility and grazing area is located at
least 200 feet from any neighboring residence and at least 100 feet
from the applicant's personal residence.
C.
The barn or any stabling facility is located at least 25 feet from
any lot line, and the grazing area is located at least 10 feet from
any lot line.
D.
Manure and other water or excretion accumulation on such premises
or in a structure shall not be kept in an unsightly or unsanitary
manner. The waste shall be properly disposed of so as not to create
odors that disturb occupants of adjoining properties. Nothing in this
provision shall authorize on-site disposal of waste of any animals
not resident on the zoning lot.
A.
Purpose. The Town of Sardinia recognizes the increased demand for
wireless communications transmitting facilities and the need for the
services they provide. Often, these facilities require the construction
of a communications tower. The intent of this section is to protect
the Town's interest in properly siting communication towers, building-mounted
antennas and similar communication facilities in a manner consistent
with sound land use planning by minimizing adverse visual effects
of towers through careful design, siting and vegetative screening;
avoiding potential damage to adjacent properties from tower failure
or falling debris through engineering and careful siting of tower
structures; and maximizing use of any new or existing tower, or existing
building and/or structures, to reduce the number of communication
towers needed while also allowing wireless service providers to meet
their technological and service objectives.
B.
Where permitted. Communication facilities shall be permitted in the LC-Limited Commercial and the BL-Business-Light Industrial Zoning Districts upon issuance of a special use permit and site plan approval by the Town Board, consistent with the requirements of Article IX and Article X of this chapter.
C.
Maximum allowable height. The height of communication towers, including
the mounting height of any antenna, shall be 150 feet from grade.
D.
Standards for issuing a special use permit. The following standards shall be the basis for an approval of a special use permit for a communications facility and in addition to the general requirements of Article X, Special Use Permits, of this chapter:
(1)
The communication facility is situated within a permitted zoning
district; and
(2)
The communication facility is situated a minimum of 1,000 feet from
any existing residence; and
(3)
The height of any communication tower does not exceed 150 feet from
grade; and
(4)
The communication facility, including building-mounted facilities,
will be designed and constructed in a manner which minimizes visual
impacts to the extent practicable. The ability to minimize visual
impacts shall be demonstrated by an applicant/developer by providing
evidence through the use of visual simulation, line-of-sight drawings
or other medium demonstrating that the site(s) chosen or alternative
sites recommended by the Town will not impact aesthetic resources
or cultural resources important to the community or that such impacts
can be mitigated through the use of camouflage technology; and
(5)
The applicant/developer can demonstrate the necessity of the site
chosen by providing a "search ring" prepared by a qualified radio
frequency engineer and overlaid on an appropriate background map demonstrating
the area within which the communications facility needs to be located
in order to provide proper signal strength and coverage to the target
cell. The applicant must be prepared to justify to the Town Board
why it selected the proposed site, discuss the availability (or lack
of availability) of a suitable structure within the search ring which
would have allowed for collocated antenna(s), and to what extent the
applicant explored locating the proposed tower in alternative sites,
or alternative sites recommended by the Town; and
(6)
The applicant/developer can demonstrate a technological need for
the site chosen, by providing before and after propagation studies
prepared by a qualified radio frequency engineer demonstrating existing
signal coverage, contrasted with the proposed signal coverage resulting
from the proposed communications facility or alternative locations/facilities
recommended by the Town; and
(7)
The applicant/developer provides guarantees to allow for co-location
opportunities on the communication tower to lessen the need for additional
communication towers in the community; and
(8)
The applicant/developer can demonstrate that the facility will be
operated only at Federal Communications Commission (FCC)-designated
frequencies and power levels within Environmental Protection Agency
(EPA) technical exposure limits for electromagnetic radiation, and
that the applicant provide competent documentation to support that
maximum allowable frequencies, power levels and exposure limits for
radiation will not be exceeded; and
(9)
Other reasonable standards which may serve to protect the general
public health safety and welfare of the community.
E.
Submission requirements. The applicant/developer shall submit the
following information with an application for a special use permit
and application for site plan approval which shall be in addition
to the information required on the Town site plan checklist.
(1)
A completed visual environmental assessment form (visual EAF).
(2)
General site location map showing the location of the proposed communication
facility, proposed access roads, any residence within 1,000 feet,
the search ring for the cell facility and any alternative sites within
or in proximity of the search ring.
(3)
The proposed mounting height of the communication facility, and the
mounting heights of facilities at alternative sites considered.
(4)
Typical detail drawings indicating the type of communication tower/facility,
accessory structures, safety lighting type, color of the proposed
facility and any security features of the facility/perimeter.
(5)
A landscaping/visual screening plan.
(6)
Before and after propagation surveys showing existing and proposed
radio signal coverage.
(7)
Company co-location agreements and/or policies.
(8)
Evidence of Federal Aviation Authority (FAA) notifications.
(9)
Evidence of Federal Communication Commission (FCC) license indicating
designated frequency and power limits.
F.
Aesthetic impacts. In order to thoroughly evaluate the potential
visual impacts a communication facility may have on the community
and its character, the following additional information may be requested
of the applicant/developer during the review of a site plan/special
permit application request:
(1)
Visual impact analysis preparation.
(a)
The preparation of a visual impact analysis (VIA) may be asked
of the applicant/developer based on information revealed in the visual
environmental assessment form. The purpose of the VIA is to:
[1]
Define the visual character of the project study area.
[2]
Inventory and evaluate existing visual resources and viewer
groups within the study area.
[3]
Identify key views for visual assessment which represent the
range of landscape characteristics and viewer groups within the project
study area.
[4]
Assess the visual impacts associated with the proposed action.
(b)
The VIA is to be prepared under the direct guidance of a registered
landscape architect experienced in the preparation of visual impact
assessments. The VIA is to be prepared in accordance with the policies,
procedures and guidelines contained in established visual impact assessment
methodologies. Such methodologies shall include the use of visual
simulations and line-of-sight drawings.
(2)
The use of on-site locators to assist Town reviewers in evaluating
the potential visual impact, including but not limited to the use
of tethered balloons, cranes or other reasonable measures to establish
proposed mounting heights in the field and the location of the proposed
facility.
G.
Alternatives requested by the Town. During the review of a special
permit and site plan application for a communication facility, the
Town has the right to request that the applicant/developer consider
modifications to his/her proposed project or alternatives which will
mitigate for visual impacts, including:
H.
Co-location opportunities.
(1)
The shared use of existing communication facilities or the use of
existing structures/buildings shall be the community standard and
first preference for alternatives to be considered by the Town. All
applicants must provide co-location agreements allowing other users
to share their proposed facilities.
(2)
Applicants must demonstrate that the proposed communication facility
cannot be accommodated on existing facilities or structures/buildings.
Evidence demonstrating the inability to co-locate shall include but
not be limited to the following:
(a)
The planned equipment would exceed the structural capacity of
existing facilities or other structures, considering the existing
and planned use for such existing facilities/structures;
(b)
The planned equipment would cause radio frequency interference
with other existing or planned equipment, which cannot be reasonably
prevented;
(c)
Existing facilities or other structures do not have space which
would allow for proposed equipment to function effectively and reasonably;
(d)
Other technical justification is provided showing the practical
difficulties with co-location or building-mounted locations.
I.
Structural safety, proximity to other structures and perimeter security.
The applicant/developer must demonstrate that the communication facility
will be a sufficient distance from adjacent property lines and/or
structures to safeguard the general public and/or adjacent property
from damage in the event of tower failure or falling debris such as
ice. Such distance shall be a minimum of the tower height to any property
line. Any lease lines established for the communication facility must
accommodate the entire facility and it equivalent mounting height
distance, including any accessory installations such as guy supports,
etc. All communication facilities must be safeguarded from unauthorized
access with the use of perimeter security fencing, breakaway road
gates, etc.
(2)
All communication facilities shall be designed by a New York State
licensed engineer and be designed to meet the minimum requirements
of the New York State Uniform Fire Prevention and Building Code.
(3)
A structural maintenance/safety inspection schedule must be supplied
by the developer/applicant indicating the time frames in which the
facility will undergo routine safety and maintenance inspections by
a New York State licensed engineer. Such inspection reports must be
made available to the Town Code Enforcement Officer upon completion
and at a frequency not less than every two years. The Town may request
an inspection report sooner if it believes that facility was subject
to unusual loadings or incurred damage.
J.
Abandonment and removal.
(1)
Prior to an approval of special use permit and site plan approval
of a communication facility, the applicant/developer must submit a
written agreement to the Town Board to remove the communication facility,
and all accessory installations thereto, if the facility becomes abandoned,
technologically obsolete or ceases to perform its originally intended
function for a period of 12 months.
(2)
Such agreement shall be secured with a performance bond equivalent
to the cost of removing the structure and all accessory installations
and shall name the Town of Sardinia as an insured. Said abandonment
agreement shall bind the applicant/developer and his/her successors
or assigns in perpetuity, until such removal is complete. The applicant
must produce cost estimates for the removal of the facility as a basis
for establishing the bond amount.
The storage of hazardous materials for use in the production
of goods, as a source of fuel, providing services or providing a commodity
shall be done in accordance with the New York State Uniform Fire Prevention
and Building Code and any subsequent amendments thereto. All installation,
storage and handling of such hazardous materials shall be though an
approved hazardous materials permit issued by the Town Code Enforcement
Officer. The Town Board may limit quantities of such hazardous materials
as a condition of site plan approval or as a condition of special
permit issuance to safeguard the health, safety and general welfare
of the community.
A.
The use of below-grade fuel storage tanks within the AR-Agricultural-Residential
and the HR-Hamlet Residential Districts shall be prohibited.
B.
Underground storage tanks installed and abandoned for a period of
30 days shall be safeguarded, meeting the minimum requirements of
the New York State Fire Code.
C.
Underground storage tanks installed prior to the adoption of this
chapter, and any such storage tank installed after the adoption of
this chapter, which have been taken out of service for a period of
one year shall be removed from the ground and consistent with the
requirements of the New York State Fire Code. Such removal shall be
done though an approved permit issued by the Town Code Enforcement
Officer and appropriate approvals issued by the New York State Department
of Environmental Conservation.
Motor vehicle service stations and repair shops shall be permitted
in the LC and BL Districts by special use permit approved by the Town
Board and site plan approval subject to the following conditions:
A.
All gasoline dispensers, fueling dispensers, vacuums, air dispensers,
drying areas and similar appurtenances shall be arranged to require
all servicing on the premises and outside the public way, and no such
appurtenance shall be placed closer than 50 feet to any road right-of-way.
B.
Two reservoir spaces for each fuel-dispensing position shall be provided
on the lot for waiting vehicles. Such reservoir space shall not include
space at the dispensing unit or other required parking spaces on the
lot.
C.
All hazardous material storage and/or use of hazardous materials
shall be provided with safeguards and/or be contained to prevent contamination
of groundwater resources.
D.
All repair activities shall be conducted within an enclosed building.
E.
A maximum of one motor vehicle per 500 square feet of gross ground
floor area of a principal building, which is not properly licensed,
may be kept outside of an enclosed building while awaiting repair
work.
F.
All waste material, discarded parts, parts to be reused and/or salvaged
shall be stored within a structure or enclosed within a refuse enclosure
so as not to be visible from off the property.
G.
Display areas designated for motor vehicles and/or other vehicles
offered for sale shall be a minimum of 50 feet from any road right-of-way.
Seasonal display of retail merchandise may be displayed outside
a retail store during business hours, providing the following criteria
are complied with:
A.
The seasonal display is accessory to a retail store, and not a principal
use.
B.
The area to be utilized for exterior daily display is clearly shown
on the site plan to be considered for site plan approval.
C.
All retail products are removed from designated areas and the end
of the season. Any such display may not exceed a three-month consecutive
period.
D.
The area for display does not create any visual obstructions for
motorists or pedestrians.
E.
All such displays shall be properly secured and not pose a hazard
to the general public due to windy conditions or unstable displays.
F.
Display of products may not exceed six feet in height.
In order to protect the health, safety and general welfare of
the residents of the hamlets of Sardinia and Chaffee, the use of exterior
solid-fuel furnaces are not permitted within the HR-Hamlet Residential
District and the HB-Hamlet Business District. The use of such accessory
appliance outside of the HR-Hamlet Residential and the HB-Hamlet Business
Zoning Districts is permitted, subject to the minimum yard requirements
of this chapter for accessory structures and consistent with the minimum
provisions of the New York State Uniform Fire Prevention and Building
Code.
A.
Outdoor seating for dining and/or consumption of food or drinks is
permitted as an accessory use subject to site plan approval. Applications
for site plan modifications solely to add outdoor seating need only
submit a plan showing the proposed seating and the area of the premises
to be used, as well as showing any impacts on traffic flow, and that
adequate provisions for off-street parking and for pedestrian flow
in the area have been made.
B.
Outdoor seating areas shall be a minimum of 50 feet from any adjacent
lot within a AR-Agricultural Residential or Hamlet Residential District
or existing residential use.
C.
Outdoor seating or viewing established for purposes of mass gathering
or entertainment purposes accessory to a permitted use shall be permitted
only by special permit approved by the Town Board and site plan approval.
A special permit approval will be based on the following:
(1)
Such outdoor activity area will not create nuisances to neighboring
lands such as excessive noise, light or air particulate emissions;
(2)
Adequate safeguards are established that protect the public safety,
health and welfare of the participants and the general public;
(3)
Adequate provisions are made to mitigate impacts to the Town's streets
and other public infrastructure or necessary public services
Outdoor storage of merchandise, material, or equipment is permitted
in LC-Limited Commercial District and the BL-Business-Light Industrial
District if:
A.
The outdoor storage is incidental to a use located on the premises.
B.
The outdoor storage does not occupy any required yard area. The display
of motor vehicles, farm equipment and similar motor-driven vehicle,
if displayed on an approved parking area for such use, shall be considered
outdoor-storage-limited by this section.
C.
The storage area does not exceed:
D.
The storage area is screened in accordance with this chapter except
for automobile and recreational vehicle sales.
E.
Storage height:
(1)
In the LC District, stored items shall not exceed the height of the
screen, or eight feet, whichever is lower, and shall be set back from
all property lines consistent with the setback requirements as established
for the LC District.
(2)
In the BL District, stored items shall not exceed the height allowed
for accessory structures and shall be set back from all property lines
consistent with the setback for such structures
F.
The use of trailers or trailer/containers shall be prohibited.
A.
The construction of private ponds for recreational purposes, for
scenic benefits or on-site reclamation for fill material requires
the issuance of a special construction permit by the Town Code Enforcement
Officer.
B.
Exemptions: The following ponds are exempt from the special permit
requirements as specified above:
(1)
Ponds with a water surface area of 100 square feet or less.
(2)
Prefabricated decorative landscaping ponds.
(3)
Ponds required for stormwater management purposes and approved as
a part of a realty subdivision or site plan approval.
(4)
Ponds required for firefighting water supplies and approved as part
of a realty subdivision or a site plan approval.
(5)
Ponds accessory to agricultural uses for irrigation or feeding or
for the pasturage of animals.
C.
Where permitted. Ponds may be constructed in any zoning district
other than the HR-Hamlet Residential and the Hamlet Business Districts.
D.
Minimum size of site. All proposed ponds must be on a site with a
minimum of three acres of land area.
E.
General requirements:
(1)
All proposed ponds requiring a special construction permit shall
conform to the requirements of, and be approved by, the United States
Department of Agriculture, the Natural Resource Conservation Service
(NRCS) or the Erie County Soil and Water Conservation Service (SWCD)
or, at the applicant's choice, be designed by a New York State licensed
professional engineer or a New York State licensed landscape architect.
(2)
All pond special construction permits shall be accompanied by a site
plan drawn to scale, showing the total acreage of the property, location
of property lines, proposed pond location, existing improvements,
including but not limited to dwellings, accessory structures, drives,
wells, septic tanks and leach fields; and any natural features such
as streams, wetlands and topographical features.
(3)
The pond shall not be closer than 25 feet to any property line or
within 100 feet of an existing septic field or individual sewage disposal
system or well.
(4)
The pond shall be provided with an outfall location which shall drain
to a natural waterway or suitable outlet available on site.
(5)
No pond may adversely interfere with or impede the natural flow of
water nor adversely impact any floodplain, floodway or regulated wetlands.
(6)
All pond designs must be provided with a grading plan for all material
excavated. All excavated material must be reclaimed on site to the
maximum extent practicable.
(7)
All pond designs must not create adverse drainage impacts for neighboring
lands. All designs prepared by a New York State licensed professional
must be supported by drainage calculations and a soil analysis confirming
the suitability of the soils to support the retention of water.
F.
Permit approvals:
(1)
The Code Enforcement Officer shall approve all special construction
permits for private pond construction. All applications must be accompanied
by a pond design approved by the United States Department of Agriculture,
the Natural Resource Conservation Service (NRCS) or the Erie County
Soil and Water Conservation Service (SWCD). Failure by an applicant
to obtain an approved design from the aforesaid agencies will require
the submittal of a pond design prepared by a New York State licensed
professional engineer or a New York State licensed landscape architect.
(2)
Ponds which are regulated by the New York State Department of Environmental
Conservation (NYSDEC) due to their size must first obtain a permit
from the NYSDEC, prior to a permit being issued by the Town Code Enforcement
Officer.
A.
A municipal solid waste landfill shall be permitted in the BL-Business-Light
Industrial Zoning District by special use permit approved by the Town
Board and with site plan approval. For purposes of this section, a
solid waste landfill shall not include landfills for hazardous wastes,
regulated medical wastes, automobile dismantling, waste tire storage
facilities, used oil transfer facilities, used oil storage facilities,
used oil processing facilities, used engine lubricating oil retention
facilities, land application facilities, composting facilities or
incineration facilities.
B.
Standards for issuance of a special use permit. The Town Board may
approve the establishment of a solid waste landfill, providing that:
(1)
The siting of such a facility does not pose a hazard to the health,
safety and general welfare of the community; and
(2)
The establishment of such a facility is consistent with the requirements
of Title 6 of the Official Compilation of Codes, Rules and Regulations
of the State of New York, Part 360; and
(3)
The landfill facility is on a site with a minimum of 400 acres so
that adequate buffers can be established to protect nearby lands;
and
(4)
Such site has access on a state highway; and
(5)
The proposed landfill area is a minimum of 1,500 feet from a regional
or state highway; and
(6)
The facility recaptures methane gas for beneficial reuse or will
provide a mechanism to recapture such gas and establish a time frame
acceptable to the Town Board to implement the reuse of such methane
gas; and
(7)
A host municipality agreement is offered to, and approved by, the
Town of Sardinia; and
(8)
The facility is operated by an organization with an established business
history in the operation and maintenance of solid waste handling and
can provide monetary security guarantees for the maintenance of the
facility, including monitoring of groundwater inspection wells and
remedial work for breaches which may pose a health hazard to the community;
and
(9)
Guarantees are provided for workforce levels at the landfill facility;
and
(11)
Visual impacts associated with the proposed facility will be
evaluated by a visual impact assessment utilizing visual simulations
and proposed mitigation measures, including but not limited to the
planting of vegetative screens on the premises, as well as vegetative
line-of-sight interferences off the premises (with permission of landowners)
are provided. Such vegetative screens shall be maintained as required
by the landscaping sections of this chapter;[1] and
(12)
Potential diminution in property values of contiguous neighboring
off-site lands or lands within 1/2 mile of the proposed landfill are
mitigated by the landfill operator/owner or his/her successors.
C.
Failure of a special permit applicant to demonstrate that the above
standards will be met is justification for denial of a special permit
request. The Town has the right to deny the issuance of a special
permit for a solid waste landfill if it believes that the chosen site
will cause an impairment to the character of the community.
D.
Once a special use permit is granted for a solid waste landfill,
any modifications to an NYSDEC permit to operate such landfill shall
require the submittal of a new special permit application for consideration
by the Town Board.
[Added 1-12-2017 by L.L.
No. 1-2017; amended 3-12-2020 by L.L. No. 1-2020; 5-13-2021 by L.L. No. 1-2021]
A.
Statement of purpose. This solar energy section is adopted to advance
and protect the public health, safety, and welfare of the Town by
creating regulations for the installation and use of solar energy
generating systems and equipment, with the following objectives and
intent:
(1)
To take advantage of a safe, abundant, renewable and nonpolluting
energy resource;
(2)
To decrease the cost of electricity to the owners of residential
and commercial properties, including single-family houses;
(3)
To invest in a locally generated source of energy to increase employment
and business development in the Town of Sardinia to the extent reasonably
practical by furthering the installation of solar energy systems;
(4)
To provide other benefits to the Town and its residents to mitigate
impacts from the solar project;
(5)
To mitigate the impacts of solar energy systems on environmental
resources such as important agricultural lands, forests, wildlife
and other protected resources. The use of small-scale, on-farm sources
alternative to energy generation is beneficial to local farmers allowing
them the ability to cut utility costs and/or supplement their income;
(6)
To protect adjoining/surrounding property owners by mitigating the
potential impacts from large scale solar installations;
(7)
To aid in the energy independence of the community as well as the
country;
(8)
To create zoning regulations in accordance with the Town's Comprehensive
Plan, its Agriculture and Farmland Protection Plan, and other regional
planning documents;
(9)
To allow for a total of up to 2,500 acres of Tier 3 and 4 solar energy
systems within the Town. This acreage calculation is based on the
area within the fenced in area of the project site (includes panels
transmission lines above ground, access roads, all area between and
around panels, and any associated equipment, structures, or facilities
and other solar energy equipment).
(a)
Any transmission line aboveground shall be calculated into the
entire footage of the project. Underground transmission lines shall
not be included in the area total.
B.
Applicability.
(1)
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.
(2)
Solar energy systems constructed or installed prior to the effective
date of this section shall not be required to meet the requirements
of this section.
(3)
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 moving any fencing) shall be subject
to this section.
(4)
All solar energy systems shall be designed, erected, and installed
in accordance with all applicable codes, regulations, and industry
standards as referenced in the NYS Uniform Fire Prevention and Building
Code ("Building Code"), the NYS Energy Conservation Code ("Energy
Code"), and the Town Code.
(5)
All applicable substantive standards set forth in this law are intended
to apply to projects sited by the State Siting Board, the Office of
Renewable Energy Siting, or any other government body of competent
jurisdiction to provide siting approval for power plants within the
confines of the Town of Sardinia.
C.
General requirements.
(1)
A building permit shall be required for installation of all solar
energy systems.
(2)
Issuance of permits and approvals by the Planning Board shall include
review pursuant to the State Environmental Quality Review Act ECL
Article 8 and its implementing regulations at 6 NYCRR Part 617 ("SEQRA").
(3)
This section shall take precedence over any inconsistent provision
of the Zoning Law of the Town of Sardinia.
(4)
All permitted solar energy systems shall be installed by a qualified
solar installer.
(5)
This section shall not apply to any lot owned by a municipality.
D.
Permitting requirement for Tier 1 solar energy systems. All Tier
1 solar energy systems shall be permitted in all zoning districts
and shall be exempt from site plan review under the local zoning code
or other land use regulation, subject to the following conditions
for each type of solar energy systems:
(1)
Roof-mounted solar energy systems.
(a)
Roof-mounted solar energy systems shall incorporate, when feasible,
the following design requirements:
[1]
Solar panels on pitched roofs shall be mounted with a maximum
distance of eight inches between the roof surface the highest edge
of the system.
[2]
Solar panels on pitched roofs shall be installed parallel to
the roof surface on which they are mounted or attached.
[3]
Height: Tier 1 solar energy systems shall have the following
height restrictions for all zoning districts: two feet above roof
of highest existing structure, but shall not be higher than the allowed
height in the underlying zoning district, unless a variance is received.
[4]
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.
(b)
Glare: All solar panels shall have anti-reflective coating(s)
and proof of such must be provided with the building permit application.
(c)
Fire safety: All roof-mounted systems shall be designed and
installed in accordance with the Uniform Fire Prevention and Building
Code Standards.
(2)
Building-integrated solar energy systems. Building-integrated solar
energy systems shall be shown on the plans submitted for the building
permit application for the building containing the system. (See Appendix
T1 for table.)[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
E.
Permitting requirements for Tier 2 solar energy systems. All Tier
2 solar energy systems shall be permitted in all zoning districts
as an accessory use and require site plan review in accordance with
the Town of Sardinia zoning code and other Town land use regulations.
The site plan application shall include a site plan and address the
following requirements:
(1)
Glare. All solar panels shall have anti-reflective coating(s) and
proof of such must be provided with the building permit application.
(2)
Setbacks. Tier 2 solar energy systems shall be setback a minimum
of 50 feet from any side or rear property line. All ground-mounted
solar energy systems shall only be installed in the side or rear yards.
In all cases, the solar panels shall be located a minimum of 75 feet
from any dwelling unit on an adjoining nonparticipating property.
(3)
Height. Tier 2 solar energy systems shall be less than 12 feet in
the Agricultural-Residential District and the Hamlet Residential District.
Height shall be less than 15 feet for all remaining districts.
(4)
Screening and visibility.
(a)
All Tier 2 solar energy systems shall have views minimized from
adjacent properties to the extent reasonably practicable (as determined
through the site plan process).
(b)
Solar energy equipment shall be located in a manner to reasonably
avoid and/or minimize blockage of views from surrounding properties
and shading of property to the north, while still providing adequate
solar access. (See Appendix T2 for table.)[2]
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
F.
Permitting requirements for Tier 3 solar energy systems. All Tier
3 solar energy systems are permitted through the issuance of a special
use permit within Agricultural-Residential District, Hamlet Residential
District, Hamlet Business District, Limited Commercial District, Business-Light
Industrial District, and the Government-Community Facilities District,
and subject to site plan application requirements set forth in this
section. In order to ensure that the benefits of the community solar
energy resource are available to the entire community, the Town of
Sardinia requires the applicant to enter into a solar energy system
PILOT and host community agreement with the Town of Sardinia.
(1)
Applications (process) for the installation of Tier 3 solar energy
system shall be:
(a)
Received by the Zoning Enforcement Officer (ZEO) and checked
to make sure the appropriate documents have been submitted. The ZEO
will then forwarded to the Planning Board, by having it placed on
the next available agenda, for them to determine completeness of the
application. Applicants shall be advised within 10 business days of
the first Planning Board meeting of the completeness of their application
or any deficiencies that must be addressed prior to substantive review
of the special use permit and site plan.
(b)
Once the application is deemed complete and while the Planning Board is completing their reviews, the project/application shall be referred to the Town Board to begin completion of the host community agreement. This agreement will need to be finalized before the Town Board acts on the special use permit. (See Article X, § 115-86, Authority to issue, of Town of Sardinia Zoning Code.)
(c)
Subject to a public hearing to hear all comments for and against
the application. The Town shall complete all public notice requirements
in accordance with the special use requirements of the Town.
(d)
Referred to the Erie County Planning Department pursuant to
General Municipal Law § 239-m if required.
(e)
Acted upon by the Planning Board, once the required steps are
completed and the Town Board has completed the SEQR process.
(2)
Design and application requirements. Applications for Tier 3 solar
projects shall address and include the following:
(a)
Vehicular paths. Vehicular paths within the site shall be designed
to minimize the extent of impervious materials and soil compaction.
(b)
Signage.
[1]
No signage or graphic content shall be displayed on the solar
energy systems except 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.
[2]
As required by National Electric Code (NEC), disconnect and
other emergency shutoff information shall be clearly displayed on
a light reflective surface. A clearly visible warning sign concerning
voltage shall be placed at the base of all pad-mounted transformers
and substations.
(c)
Glare. All solar panels shall have anti-reflective coating(s)
and proof of such submitted.
(d)
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 (dark sky compliant) from
abutting properties.
(e)
Noise. Information on any noise producing equipment (as determined
by the Town based on application materials) shall be submitted. If
necessary, the Planning Board will require analysis of the noise on
any sensitive receptors, including single-family homes.
(f)
Tree-cutting. Removal of existing trees larger than six inches
in diameter should be minimized to the extent possible.
(g)
Decommissioning.
[1]
Solar energy systems that have been abandoned and/or not producing
electricity (defined as operated at a minimum of 50% capacity for
a period of at least six months) 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 this law.
[2]
A decommissioning plan (see Appendix 1)[3] signed by the owner and/or operator of the solar energy
system shall be submitted by the applicant, addressing the following:
[a]
The cost of removing the solar energy system (no
allowance for recycle value).
[b]
The time required to decommission and remove the
solar system and any ancillary structures.
[c]
The time required to repair any damage caused to
the property by the installation and removal of the solar energy system.
[d]
All calculations shall be verified by the engineer
employed by the Town.
[3]
Editor's Note: Said appendix is included as an attachment to this chapter.
[3]
Security.
[a]
The deposit, executions, or filing with the Town
Clerk of cash, bond, or other form of security reasonably acceptable
to the Town Attorney and/or engineer and approved by the Town Board,
shall be in an amount sufficient to ensure the good faith performance
of the terms and conditions of the permit issued pursuant hereto and
to provide for the removal and restorations of the site subsequent
to removal. The amount of the bond or security shall be 125% of the
cost of removal of the Tier 3 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 not be reduced
by the amount of the estimated salvage value of the solar energy system.
[b]
In the event of default upon performance of such
conditions, after proper notice and expiration of any cure periods,
the cash deposit, bond, or security shall be forfeited to the Town,
which shall be entitled to maintain an action thereon. The cash deposit,
bond, or security shall remain in full force and effect until restoration
of the property as set forth in the decommissioning plan is completed.
[c]
In the event of default or abandonment of the solar
energy system, the system shall be decommissioned as set forth in
this section.
(h)
Application fees: All applications for Tier 3 (and Tier 4) solar
energy systems shall include the appropriate fees as set by the Sardinia
Town Board. The applicant shall reimburse the Town for all legal and
expert/engineering costs required to review applications, whether
made to the Town of Sardinia, the Office of Renewable Energy Siting
("ORES"), or the Board on Electric Generation Siting and the Environment
(the "Siting Board").
(i)
Maintenance plan: applications shall include a maintenance plan
for all leased lands (including required setbacks/buffers). (Noxious
weeds shall not be tolerated. Monthly mowing shall occur in the months
of May, June, July, August, and September. Monthly debris removal
from the fence line is required.)
(j)
Safety; applications shall include a safety plan (including
communication with emergency service providers).
(k)
Environmental and cultural resources; information on the environmental
and cultural resources (as identified through the NYSDEC mapping system
and by the Town of Sardinia) on the subject property and surrounding
properties.
(l)
A property owner who has installed, or intends to install, a
solar energy system may choose to negotiate with other property owners
in the vicinity for any necessary solar skyspace easements. The issuance
of a special use permit by the Town does not constitute solar skyspace
rights, and the Town shall not be responsible for ensuring impermissible
obstruction to the solar sky space as a result of uses or development
performed in accordance with Town Code.
(3)
Site plan application. For any solar energy system requiring a special
use permit, site plan approval shall be required. This required site
plan application shall include a site plan and the following information:
(a)
A plan illustrating property lines and physical features, including
roads, for the project site.
(b)
Proposed changes to the landscape of the site, grading, vegetation
clearing and planting, exterior lighting, and screening vegetation
or structures.
(c)
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 over current devices.
(d)
A preliminary equipment specification sheet that documents all
proposed solar panels, significant components, mounting systems, and
inverters that are to be installed. A final equipment specification
sheet shall be submitted prior to the issuance of building permit.
(e)
Name, address, and contact information of proposed or potential
system installer and the owner and/or operator of the solar energy
system. Such information of the final system installer shall be submitted
prior to the issuance of building permit.
(f)
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 solar energy system.
(g)
Zoning district designation for the parcel(s) of land comprising
the project site.
(h)
Property operation and maintenance plan. Such plan shall describe
continuing photovoltaic maintenance and property upkeep, such as mowing
and trimming (or other methodologies).
(i)
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.
(j)
Engineering documents must be signed and sealed by a New York
State (NYS) licensed professional engineer or NYS registered architect.
(k)
A completed SEQR full environmental assessment form.
(l)
A landscape plan in accordance with the special use permit requirements
of this section.
(m)
A calculation of the area of the solar energy system in acres
(as defined in the definition of Tier 3 and Tier 4 systems). The Town
will add this to the existing approved acreage of Tier 3 and 4 systems
to determine if the project does not exceed the 2,500-acre threshold.
If it is determined by the Town that the proposed project would exceed
the 2,500-acre threshold, the application will be returned to the
applicant and the project will not be allowed to proceed.
(n)
For applications for Tier 4 systems, any off-site infrastructure,
including transmission lines and points of grid interconnection (POI),
shall be noted on site plans and be included in review of the project.
Any off-site POI should be subject to the same safety and visibility
requirements as the balance of the project.
(o)
Any utility poles constructed as part of a solar project may
be made available for co-location by other utilities.
(p)
Any such other additional information as may be required by
the Planning Board a Town professional engineer or consultant, the
Sardinia Town Board, the Town Attorney, the Town Code Enforcement
Officer, or other Town entity.
G.
Special use permit standards.
(1)
Specific standards.
(a)
Lot size. There are no lot size requirements; the project must
be shown to meet all setback and other requirements of this section.
(b)
Setbacks. All Tier 3 solar energy systems shall be set back
a minimum of 50 feet from the fence surrounding the solar panels and
equipment to all property lines and to the edge of any road ROW. Additionally,
the setback from the fence line shall be a minimum of 300 feet from
the side or rear of a dwelling unit on an adjoining nonparticipating
property. The setback to any off-site participating dwelling unit
shall be 100 feet from the side or rear of the dwelling unit.
[1]
There shall be no setback requirements for adjacent participating
parcels.
(c)
Height. The Tier 3 solar energy systems shall be less than or
equal to 20 feet. The height of systems will be measured from the
highest natural grade below each solar panel. This height requirement
can be waived by the Planning Board if the panels are being raised
to accommodate agricultural purposes (grazing).
(d)
Fencing requirements. All mechanical equipment, including any
structure for storage batteries, shall be enclosed by a fence, and
meet any other regulatory requirements such as NEC, with a self-locking
gate to prevent unauthorized access.
(e)
Screening and visibility.
[1]
Solar energy systems smaller than five acres shall have views
minimized from adjacent properties to the extent reasonably practicable
using architectural features, earthen berms, landscaping, or other
screening methods that will harmonize with the character of the property
and surrounding area.
[2]
Solar energy systems larger than five acres shall be required
to:
[a]
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, may be required to be submitted by the applicant.
[b]
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 from public roadways and adjacent
properties to the extent feasible. The Planning Board will in good
faith determine the adequacy of these measures in its sole and absolute
discretion.
[c]
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.
The landscaped screening shall be comprised of a minimum of one evergreen
tree, at least six feet high at time of planting, plus two supplemental
shrubs at the reasonable discretion of the Town Planning Board, all
planted within each 10 linear feet of the solar energy system. Existing
vegetation may be used to satisfy all or a portion of the required
landscaped screening. A list of suitable evergreen tree and shrub
species should be provided by the Town. This minimum screening requirement
will be reduced if adjoining properties are participating properties.
Review of survival of plantings will be required annually for three
years.
[d]
For any buildings or structures (not panels) to
be placed on the site, the applicant shall be required to submit plans
illustrating how these structures will blend into the character of
the area. For example, buildings can be made to look like agricultural
structures such as barns.
(f)
Agricultural resources. For projects located on agricultural
lands:
[1]
Any Tier 3 solar energy system located in areas that consist
of prime farmland soils or farmland soils of statewide importance
shall not exceed 50% of the area of prime farmland or farmland of
statewide importance on the parcel upon which panels and other solar
energy equipment (the fenced-in area) are to be installed. Any program
in which the applicant participates that provides for the use of the
land within the fenced-in area as farm related uses may be excluded
from this 50% coverage threshold calculation based on the amount of
space actually occupied by the farm use. This exclusion will only
be allowed based on a Planning Board's determination that these lands
are being used for actual agricultural uses.
[2]
Tier 3 solar energy systems located on prime farmland shall
be constructed in accordance with the construction requirements of
the New York State Department of Agriculture and Markets (See NYS
Agriculture and Markets Guidelines).
[3]
Tier 3 solar energy system owners shall develop, implement,
and maintain native vegetation to the extent practicable pursuant
to a vegetation management plan by providing native perennial vegetation
and foraging habitat beneficial to game birds, songbirds, and pollinators.
To the extent practicable, when establishing perennial vegetation
and beneficial foraging habitat, the owners shall use native plant
species and seed mixes. Once established, other agriculture uses such
as pasturing livestock and apiculture are permissible and encouraged.
[4]
Agricultural restoration requirements: once the system is decommissioned,
the site shall be restored and remediated in accordance with the NYS
Agriculture and Markets Guidelines (this will be a condition of the
special use permit).
(g)
Noise. The project shall be shown to not have any adverse noise
impacts on any surrounding homes or other sensitive receptors (use
of NYSDEC regulations concerning noise).
(h)
Hazardous materials. The project components shall not contain
any hazardous materials that could contaminate soils or the air by
their release (units shall not contain cadmium or other hazardous
materials). Specific material data information/specifications (SDS/MSDS
sheets) shall be submitted on all components of the project. The applicant
must ensure that no harmful chemicals will be leaked into the soils
over the life of the project. For certain components of the project,
information on spill containment systems will need to be provided.
This required information shall be reviewed by the Planning Board,
their consultants and the Fire Department.).
(i)
Solar energy system liability insurance.
[1]
The holder of a special use permit for a solar energy system
shall agree to secure and maintain for the duration of the permit,
public liability insurance as follows:
[a]
Commercial general liability covering personal
injuries, death and property damage: $5,000,000 per occurrence ($10,000,000
aggregate) which shall specifically include the Town of Sardinia and
its officers, councils, employees, attorneys, agents and consultants
as additional named insured;
[b]
Umbrella coverage: $10,000,000.
[2]
Insurance company. The insurance policies shall be issued by
an agent or representative of an insurance company licensed to do
business in the state and with at least a Best's rating of "A."
[3]
Insurance policy cancellation. The insurance policies shall
contain an endorsement obligating the insurance company to furnish
the Town of Sardinia with at least 30 days' prior written notice in
advance of cancellation.
[4]
Insurance policy renewal. Renewal or replacement policies shall
be delivered to the Town of Sardinia at least 15 days before the expiration
of the insurance that such policies are to renew or replace.
[5]
Copies of insurance policy. No more than 15 days after the grant
of the permit before construction is initiated, the permit holder
shall deliver to the Town of Sardinia a copy of each of the policies
or certificates representing the insurance in the required amounts.
[6]
Certificate of insurance. A certificate of insurance states
that it is for informational purposes only and does not confer sufficient
rights upon the Town of Sardinia shall not be deemed to comply with
this section.
[7]
Certificate of insurance. A certificate of insurance states
that it is for informational purposes only and does not confer sufficient
rights upon the Town of Sardinia shall not be deemed to comply with
this section.
[8]
(See Appendix T3-4 for table.)[4]
[4]
Editor's Note: Said appendix is included as an attachment to this chapter.
H.
Permitting requirements for Tier 4 solar energy systems. All Tier 4 solar energy systems are permitted through the issuance of a special use permit within the Agricultural-Residential District, Hamlet Residential District, Hamlet Business District, Limited Commercial District, Business-Light Industrial District, and the Government-Community Facilities District and subject to site plan and special use permit requirements set forth in this section for Tier 3 projects (all requirements in § 115-63F and G). In order to ensure that the benefits of the community solar energy resource are available to the entire community, the Town of Sardinia shall require all Tier 4 applicants to enter into a solar energy system PILOT and host community agreement. These Tier 4 systems are very large systems that have a potential to significantly impact the Town of Sardinia, its citizens and the economy of the community. Therefore, the Tier 4 systems shall require the following additional (in addition to those in the Tier 3 level) submittals and requirements, or revisions to Tier 3 requirements:
(1)
Submittal of an agricultural impact statement to determine the impact
to agriculture in the Town. The Town of Sardinia has a standard agricultural
impact statement table of contents that will be provided to the applicant.
The Planning Board, on a project by project basis, will work with
the applicant on finalizing the requirements of this agricultural
impact statement.
(2)
Submittal of an economic impact analysis to determine the impact
to the economy of the Town. This includes the agricultural impacts
in the agricultural impact statement and information as noted by the
Town Planning Board (Town to provide scoping of this study).
(3)
Any Tier 4 solar energy system located on lands that consist of prime
farmland soils or farmland soils of statewide importance shall not
exceed 50% of the area of prime farmland or farmland of statewide
importance on the parcel or project site as a whole (if multiple parcels
are included) upon which panels and other solar energy equipment (the
fenced-in area) are to be installed. Any program in which the applicant
participates that provides for the use of the land within the fenced
in area as farm related uses may be excluded from this 50% coverage
threshold calculation based on the amount of space actually occupied
by the farm use. This exclusion will only be allowed based on a Planning
Board's determination that these lands are being used for actual agricultural
uses.
(4)
For Tier 4 systems, if the project proposes to impact more than 50%
of these prime or statewide importance soils, the applicant may purchase
or lease (for the lease period of the proposed project) development
rights, of an equal amount of land over the 50% threshold, of another
farm within the Town of Sardinia with prime or statewide importance
soils located on that land to offset the farmland used or leased in
the primary project area. The purchase or lease of the development
rights becomes perpetual or so long as project is viable, and until
fully decommissioned.
I.
Ownership changes. If the owner or operator of the solar energy system
changes or the owner of the property changes, the special use permit
shall remain in effect, provided that the successor owner or operator
assumes in writing all of the obligations of the special use permit,
site plan approval, and decommissioning plan. A new owner or operator
of the solar energy system shall notify the Zoning Enforcement Officer
of such change in ownership or operator within 30 days of the ownership
change.
J.
Safety.
(1)
Solar energy systems and solar energy equipment shall be certified
under the applicable electrical and/or building codes as required.
(2)
Solar energy systems shall be maintained in good working order and
in accordance with industry standards. Site access shall be maintained,
including snow removal at a level acceptable to the local fire department
and, if the Tier 3 solar energy system is located in an ambulance
district, the local ambulance corps.
(3)
If storage batteries are included as part of the solar energy system,
they shall meet the requirements of any applicable local law, 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.
K.
Permit time frame and abandonment.
(1)
The special use permit and site plan approval for a solar energy
system shall be valid for a period of 18 months, provided that construction
has commenced. In the event construction is not completed in accordance
with the final site plan as may have been amended and approved, as
required by the Planning Board, within 18 months after approval, the
applicant or the Town may extend the time to complete construction
for 180 days. If the owner and/or operator fails to perform substantial
construction after 24 months, the approvals shall expire.
(2)
Upon cessation of electricity generation of a solar energy system
on a continuous basis for 12 months, the Town may notify and instruct
the owner and/operator of the solar energy system to implement the
decommissioning plan. The decommissioning plan must be completed within
360 days of notification.
(3)
If the owner and/or operator fails to comply with decommissioning
upon any abandonment, the Town may, at its discretion, utilize the
bond and/or security for the removal of the solar energy system and
restoration of the site in accordance with the decommissioning plan.
L.
Enforcement. Any violation of this solar energy section shall be
subject to the same enforcement requirements, including the civil
and criminal penalties, provided for in the zoning or land use regulations
of the Town.
[Added 5-13-2021 by L.L. No. 2-2021]
A.
General requirements.
(1)
A building permit and an electrical permit shall be required
for installation of all battery energy storage systems.
(2)
Issuance of permits and approvals by the Town Board shall include
review pursuant to the State Environmental Quality Review Act.
(3)
All battery energy storage systems, all dedicated use buildings,
and all other buildings or structures that contain or are otherwise
associated with a battery energy storage system and 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 Zoning Law.
B.
Permitting requirements for Tier 1 battery energy storage systems.
Tier 1 battery energy storage systems shall be permitted in all zoning
districts, subject to the Uniform Code and the "battery energy storage
system permit."
C.
Permitting requirements for Tier 2 battery energy storage systems.
Tier 2 battery energy storage systems are permitted through the issuance
of a special use permit within the zoning districts of the Town subject
to Conditional/special use permit requirements, and shall be subject
to the Uniform Code and the site plan application requirements set
forth in this section.
(1)
Applications for the installation of Tier 2 battery energy storage
system shall be:
(a)
Reviewed by the Zoning Enforcement Officer for completeness.
An application shall be complete when it addresses all matters listed
in this section, including, but not necessarily limited to, compliance
with all applicable provisions of the Uniform Code and all applicable
provisions of the Energy Code and matters relating to the proposed
battery energy storage system and floodplain, utility lines and electrical
circuitry, signage, lighting, vegetation and tree-cutting, noise,
decommissioning, site plan and development, special use and development,
ownership changes, safety, and permit time frame and abandonment.
Applicants shall be advised within 10 business days of the completeness
of their application or any deficiencies that must be addressed prior
to substantive review.
(b)
Subject to a public hearing to hear all comments for and against
the application. The Town Board of the Town of Sardinia shall have
a notice printed in a newspaper of general circulation in the Town
at least five days in advance of such hearing. Applicants shall have
delivered the notice by first class mail to adjoining landowners or
landowners within 200 feet of the property at least 10 days prior
to such a hearing. Proof of mailing shall be provided to the Town
Board at the public hearing.
(c)
Referred to the County Planning Board pursuant to General Municipal
Law § 239-m if required.
(d)
Upon closing of the public hearing, the Town Board shall take
action on the application within 62 days of the public hearing, which
can include approval, approval with conditions, or denial. The sixty-two-day
period may be extended upon consent by both the Town Board and applicant.
(2)
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.
Any utility poles constructed as part of a solar project may be made
available for construction by other utilities.
(3)
Signage.
(a)
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.
(b)
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.
(4)
Lighting. Lighting of the battery energy storage systems shall
be limited to that minimally required for safety and operational purposes
and shall be reasonably shielded and downcast from abutting properties.
(5)
Vegetation and tree-cutting. 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.
Removal of trees should be minimized to the extent possible.
(6)
Noise. The one-hour average noise generated from the battery
energy storage systems, components, and associated ancillary equipment
shall not exceed a noise level of 60 dBA as measured at the outside
wall of any nonparticipating residence or occupied community building.
Applicants may submit equipment and component manufacturer's 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.
(7)
Decommissioning.
(a)
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.
The decommissioning plan shall include:
[1]
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;
[2]
Disposal of all solid and hazardous waste in accordance
with local, state, and federal waste disposal regulations;
[3]
The anticipated life of the battery energy storage
system;
[4]
The estimated decommissioning costs and how said
estimate was determined;
[5]
The method of ensuring that funds will be available
for decommissioning and restoration;
[6]
The method by which the decommissioning cost will
be kept current;
[7]
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
[8]
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.
(b)
Decommissioning fund. The owner and/or operator of the energy
storage system, shall continuously maintain a fund or bond payable
to the Town of Sardinia, in a form approved by the Town for the removal
of the battery energy storage system, in an amount to be determined
by the Town, for the period of the life of the facility. This fund
may consist of a letter of credit from a State of New York licensed-financial
institution. All costs of the financial security shall be borne by
the applicant.
(8)
Site plan application. For a Tier 2 battery energy storage system
requiring a special use permit, site plan approval shall be required,
by the Planning Board for preliminary approval and the Town Board
of final approval. Any site plan application shall include the following
information:
(a)
Property lines and physical features, including roads, for the
project site.
(b)
Proposed changes to the landscape of the site, grading, vegetation
clearing and planting, exterior lighting, and screening vegetation
or structures.
(c)
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.
(d)
A preliminary equipment specification sheet that documents the
proposed battery energy storage system components, inverters and associated
electrical equipment that are to be installed. A final equipment specification
sheet shall be submitted prior to the issuance of building permit.
(e)
Name, address, and contact information of 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 building permit.
(f)
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.
(g)
Zoning district designation for the parcel(s) of land comprising
the project site.
(h)
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 Zoning Enforcement Officer prior to final inspection and approval
and maintained at an approved on-site location.
(i)
Fire safety 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.
(j)
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.
(k)
Erosion and sediment control and storm water 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.
(l)
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.
(m)
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:
[1]
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.
[2]
Procedures for inspection and testing of associated
alarms, interlocks, and controls.
[3]
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.
[4]
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.
[5]
Response considerations similar to a safety data
sheet (SDS) that will address response safety concerns and extinguishment
when an SDS is not required.
[6]
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.
[7]
Other procedures as determined necessary by the
Town to provide for the safety of occupants, neighboring properties,
and emergency responders.
[8]
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.
(9)
Special use permit standards.
(a)
Setbacks. Tier 2 battery energy storage systems shall comply
with the setback requirements of the underlying zoning district for
principal structures.
(b)
Height. Tier 2 battery energy storage systems shall comply with
the building height limitations for principal structures of the underlying
zoning district.
(c)
Fencing requirements. Tier 2 battery energy storage systems,
including all mechanical equipment, shall be enclosed by an eight-foot-high
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.
(d)
Screening and visibility. Tier 2 battery energy storage systems
shall have views minimized from adjacent properties to the extent
reasonably practicable using architectural features, earth berms,
landscaping, or other screening methods that will harmonize with the
character of the property and surrounding area and not interfering
with ventilation or exhaust ports.
(10)
Ownership changes. If the owner of the battery energy storage
system changes or the owner of the property changes, the special use
permit shall remain in effect, provided that the successor owner or
operator assumes in writing all of the obligations of the special
use permit, site plan approval, and decommissioning plan. A new owner
or operator of the battery energy storage system shall notify the
Zoning Enforcement Officer of such change in ownership or operator
within 30 days of the ownership change. A new owner or operator must
provide such notification to the Zoning Enforcement Officer 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 Zoning Enforcement Officer
in the required timeframe. Reinstatement of a void special use permit
will be subject to the same review and approval processes for new
applications under this section.
D.
Safety.
(1)
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:
(a)
UL 1973 (standard for batteries for use in stationary, vehicle
auxiliary power, and light electric rail applications).
(b)
UL 1642 (standard for lithium batteries).
(c)
UL 1741 or UL 62109 (inverters and power converters).
(d)
Certified under the applicable electrical, building, and fire
prevention codes as required.
(e)
Alternatively, field evaluation by an approved testing laboratory
for compliance with UL 9540 and applicable codes, regulations and
safety standards may be used to meet system certification requirements.
(2)
Site access. Battery energy storage systems shall be maintained
in good working order and in accordance with industry standards. Site
access shall be maintained, including snow removal at a level acceptable
to the local fire department and, if the Tier 2 battery energy storage
system is located in an ambulance district, the local ambulance corps.
(3)
Battery energy storage systems, components, and associated ancillary
equipment shall have required working space clearances, and electrical
circuitry shall be within weatherproof enclosures marked with the
environmental rating suitable for the type of exposure in compliance
with NFPA 70.
E.
Permit time frame and abandonment.
(1)
The special use permit and site plan approval for a battery
energy storage system shall be valid for a period of time set forth
by the Town of Sardinia Zoning Board of Appeals, provided that a building
permit is issued for construction and/or construction is commenced.
In the event construction is not completed in accordance with the
final site plan, as may have been amended and approved, as required
by the Planning Board within 24 months after approval, the Town may
extend the time to complete construction for 180 days. If the owner
and/or operator fails to perform substantial construction after 36
months, the approvals shall expire.
(2)
The battery energy storage system shall be considered abandoned
when it ceases to operate consistently for more than one year. If
the owner and/or operator fails to comply with decommissioning upon
any abandonment, the Town may, at its discretion, enter the property
and utilize the available bond and/or security for the removal of
a Tier 2 battery energy storage system and restoration of the site
in accordance with the decommissioning plan.
