A.
Mobile home camps or mobile home parks are hereby
prohibited in all zoning districts in the entire Town of Manlius outside
of the incorporated Villages of Fayetteville, Manlius and Minoa. Individual
mobile homes on sites conforming to this section shall be permitted
in Restricted Agricultural (R-A) Districts only after the issuance
of a mobile home permit by the Town Board as enumerated in this section.
[Amended 12-13-2000 by Ord. No. 5-2000]
B.
Skirts, weather breakers, canopies and additions.
(1)
Each mobile home owner shall be required to enclose
the bottom portion of the mobile home with either a metal or wood
skirt or use other durable material for the skirt, properly ventilated,
within 60 days after approval of mobile home on site.
(2)
A weather breaker, commercial or to conform to mobile
home exterior, not to exceed 36 square feet shall be allowed at one
entrance to the mobile home.
(3)
A canopy on one side of the mobile home and open on
three sides shall be allowed.
(4)
Additions or additional structures added or affixed
or used in connection with or as part of a mobile home shall not exceed
a maximum aggregate of 200 square feet of floor space.
C.
Driveways, road cuts. The appropriate approval from
the authorized agency or department is required.
D.
Requirements for a mobile home permit. The placement
or replacement of a mobile home shall require compliance with the
following standards and procedures:
[Amended 8-26-1992 by Ord. No. 6-1992; 12-13-2000 by Ord. No.
5-2000]
(1)
Any mobile home hereinafter permitted in the Town
of Manlius shall be for the personal use and occupancy of the applicant
and his immediate family, and the permit shall lapse and be invalid
when such use and occupancy ceases.
(2)
The applicant must be the owner in fee of the property
on which a mobile home is to be placed.
(3)
Approval shall be granted only after review and action
by the Town Board following a public hearing.
(4)
Each mobile home site shall be restricted to one mobile
home.
(6)
Any mobile home approved for use in the Town of Manlius
must conform to the requirements of the New York State Uniform Fire
Prevention and Building Code.
E.
Procedures for application for mobile home permit.
(1)
A preliminary application for a permit must be obtained
from and filed with the Town Clerk. The application and the filing
fee are nonrefundable subsequent to publication and public hearing
and will be retained by the Town Clerk. The applicant must pay the
uniform application fee which will be set by the Town Board. In addition,
the applicant will pay all costs of publication. The license fee shall
be as established by the Town Board. [1]
[1]
Editor's Note: A fee schedule is on file at
the office of the Town Clerk.
(2)
A survey must be enclosed with said application and
must contain:
(a)
A legal description of the property on which
the proposed mobile home will be located.
(b)
A general sketch plan of the proposed site,
including the location of the mobile home and service facilities and
private garage, if any.
(c)
Abutting property owners and present use of
such property.
(d)
Proposed access and ingress routes.
(e)
Any unusual special land features, such as streams,
creeks, areas subject to flooding and areas of steep slopes in excess
of 15°.
(3)
The application, when completed, filed and the fee
deposited, will be forwarded to the Town Board for a public hearing
on five days' notice.
(4)
A certificate of occupancy is to be obtained prior
to occupancy of the unit.
(5)
Notwithstanding any other provision of this chapter,
the owner of any property in the Town of Manlius for which a mobile
home permit has heretofore been granted may apply for renewal of said
mobile home permit. The use of property pursuant to a mobile home
permit that was permitted prior to the adoption of this chapter will
not be specifically prohibited; subject, however, to all other provisions
of this chapter relating to nonconforming uses. Any such application
will be considered on its merits pursuant to the standards and procedures
of this section of this chapter and all other applicable laws and
regulations.
F.
Minimum size requirements for mobile homes.
G.
Sanitary facilities.
(1)
General requirements for water. An adequate supply
of water shall be provided for the mobile home. Where public water
is available, connection shall be used exclusively unless local authorities
deem otherwise. If a public water supply system is not available,
the development of a private water supply system shall be approved
by the health authority and other authorities having jurisdiction
thereof. [2]
(2)
General requirements for sewers. [3]
(a)
An adequate and approved system shall be provided
on the site for conveying and disposing of sewage from the mobile
home. Such systems must be designed, constructed and maintained in
accordance with Department of Health standards and regulations. An
approved plan by the County Health Department must be submitted prior
to issuance of the permit or occupancy of the unit.
(b)
Garbage and refuse. Each mobile home owner shall
make provisions for sanitary equipment to prevent littering of the
grounds and premises with rubbish, garbage and refuse. Each mobile
home shall have containers with tightly fitting covers. Regular disposal
shall be provided for all rubbish, trash and garbage.
H.
General requirements for the electrical distribution
system and individual electrical system. All wiring fixtures and connections
of the site must have the approval of the New York Board of Fire Underwriters
and the local electrical power company or other authority designated
by the Town of Manlius, New York.
I.
Fuel supply and storage.
(1)
General requirements for fuel oil supply system. All
fuel oil supply systems provided for a mobile home shall be installed
and maintained in conformity with the rules and regulations of the
authority having jurisdiction where provided.
(4)
Liquefied gas supply.
(a)
Such system shall be provided with safety devices
to relieve excessive pressures and shall be arranged so that the discharge
terminates at a safe location.
(b)
Systems shall have at least one accessible means
of shutting off gas. This means shall be located outside of the mobile
home.
(c)
All liquid propane gas facilities shall be well
supported and protected against mechanical injury and hidden from
view.
J.
Temporary or emergency permits.
(1)
The Town Board may, in its discretion, waive certain
requirements of this section and allow the installation of a mobile
home under the following circumstances.
(a)
Emergency. Should a principal residence be destroyed
or be found unfit for occupancy due to causes beyond the control of
the owner, such as fire, flood or other act of God.
(b)
Temporary. Should the owner of a working farm
require housing for a tenant employed by the owner, which housing
is part of the consideration for such employment.
A.
Junkyards. Junkyards are permitted only in Industrial
Districts, as provided in the regulations pertaining to the uses in
the Industrial Districts.
B.
Abandoned motor vehicles. Storage of one or more castoff,
unusable or abandoned motor vehicles or parts thereof on the open
grounds outside of enclosed structures or approved enclosures shall
be regarded as use of the property for a dump or junkyard, if such
storage extends for a period of time in excess of one month.
C.
Other restrictions on storage of motor vehicles.
(1)
MOTOR VEHICLE
VIOLATOR
Definitions. Definitions shall be as follows:
For purposes of this section, defined as so defined in the
Vehicle and Traffic Law of the State of New York.
An owner or a person or corporation to whom exclusive possession
of property has been demised by the owner, who violates or permits
violation of the provisions of this section on property owned by him
or over which he has the legal right to exclusive possession and control.
(2)
Restrictions. Open storage of motor vehicles shall
be permitted on any one parcel of private property shown on the tax
map for the Town, consonant with the following restrictions:
(a)
Licensed motor vehicles. Unrestricted open storage
is permitted unless violative of one or more of the other provisions
of this chapter or any other provision of this Code and done in such
a manner as to not create a public nuisance.
(b)
Operative but unlicensed motor vehicles, including
specialty motor vehicles which are inoperative. Operative but unlicensed
motor vehicles, including specialty motor vehicles which are inoperative,
shall be permitted as follows: a maximum of one per tax map parcel
in all residential districts, except R-5; one per every 15 dwelling
units in R-5 Districts; two per tax map parcel in Residential Shopping
Districts [1] ; three per tax map parcel in Residential Shopping Districts;
three per tax map parcel in Regional Shopping Districts, Commercial
Districts and Industrial Districts, except where an increase in the
permitted number is approved by the Planning Board upon application
by the owner of the property and the showing of special circumstances
at a public hearing.
[1]
Editor's Note: As per original copy.
(c)
Inoperative motor vehicles. In all zone classifications,
except as otherwise specifically provided in this chapter, no open
storage of inoperative vehicles is permitted. Open storage of one
such motor vehicle may be permitted if approved by the Planning Board
upon application by the owner of the property and upon the showing
of special circumstances at a public hearing.
(3)
General provisions.
(a)
Upon failure to remove or cause to be removed
a motor vehicle stored in violation of this section within seven days
after receipt of notice of violation from the Codes Enforcement Officer,
the violator shall be subject to the penalties and remedies hereinafter
provided.
(b)
All special permit applications approved by the Planning Board after a public hearing pursuant to the provisions of Subsection C(2) of this section, entitled "Restrictions," must be ratified by the Town Board before the Town Clerk shall be empowered to issue any such permit.
(c)
No provisions of this subsection shall be construed
to authorize activities or land use which would violate any other
section of this chapter or any other provision of this Code.
Dumps of rubbish and other waste shall be permitted only on land designated as a "dump" or on the two "proposed dump areas" on the Zoning Map and on other land in the Industrial and Restricted Agricultural Districts upon such conditions as the Town Board may impose in the interest of public safety, health and welfare and after a special permit is issued pursuant to Article IV, § 155-27.
[Added 12-29-1999 by Ord. No. 6-1999 [1] ]
Adult uses shall be allowable in Commercial
B or Industrial Districts upon review and site plan approval from
the Planning Board, subject to the following:
A.
Purposes and considerations.
(1)
In the execution of this ordinance it is recognized
that there are some uses which, due to their very nature, have serious
objectionable characteristics. The objectionable characteristics of
these uses are further heightened by their concentration in any one
area, thereby having deleterious effects on adjacent areas. Special
regulation of these uses is necessary to ensure that these adverse
effects will not contribute to the blighting or downgrading of the
surrounding neighborhoods or land uses.
(2)
It is further declared that the location of these
uses in regard to areas where our youth may regularly assemble and
the general atmosphere encompassing their operation is of great concern
to the Town of Manlius.
(3)
These special regulations are itemized in this section
to accomplish the primary purposes of preventing a concentration of
these uses in any one area and restricting their accessibility to
minors.
B.
ADULT USES
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Those uses which prohibit minors due to their age. Adult
bookstores and video stores are included within this definition to
the extent that a substantial or significant portion of their stock-in-trade
consists of books, magazines, other periodicals, films, slides and
videotapes, and which establishment is customarily not open to the
public generally but excludes any minor by reason of age.
C.
Location and regulation of adult uses.
(1)
No adult use establishment may be located within a
radius of 250 feet of any area zoned R-1, R-2, R-3, R-4, R-5, R-M,
R-A, N-S, RSD and/or CA, or any property that is utilized for residential
purposes.
(2)
No adult use establishment may be located within a
radius of 1,000 feet of any area where youth may regularly assemble,
including, but not limited to, a school, nursery school, day-care
facility, library, church or other place of religious worship, community
center, park, playground, recreational area or field.
(3)
No adult use establishment may be located within 250
feet of any other adult use establishment.
(4)
The sale, serving or consumption of alcohol shall
be prohibited within or from any adult use establishment.
(5)
No adult use establishment shall be located within
250 feet of an establishment where alcohol is sold, served or consumed.
(6)
No adult use establishment shall operate after 2:00
a.m.
(7)
All distances set forth in this section shall be measured
from property line to property line. All separation requirements shall
be maintained from established uses, whether inside or outside Town
of Manlius boundaries.
(8)
No more than one of the adult uses as defined above
shall be located on any lot.
(9)
Any and all booths, cubicles, studios and rooms for
the private viewing of adult motion pictures and/or live performances
or areas shall be open to public view from the common area of the
adult use establishment. There shall not be any doors, curtains, blinds
or other structures or devices that shall impede observation of the
entire area of such private viewing areas from the common area of
the adult use establishment.
(10)
Private viewing areas must be well lighted and
readily accessible at all times and shall continually be open to view.
(11)
Lighting throughout an adult use establishment
shall be sufficient to illuminate every place to which patrons are
permitted access.
(12)
Exterior windows on adult use establishments
may be opaque but not blackened or boarded.
D.
Waiver of restrictions. The restrictions enumerated
herein may be waived by the Town Board if the applicant shows and
the Board finds that the following conditions have been met:
(1)
That the proposed use will not be contrary to the
public interest or injurious to nearby properties and the spirit and
intent of this section will be observed; and
(2)
That the establishment of an additional use of the
type in the area will not be contrary to any program of neighborhood
conservation or improvement, either residential or nonresidential.
E.
Amortization. By amortization, the right to maintain
a legal nonconforming use shall terminate in accordance with the following
schedule:
|
Amount of Capital Investment As
of the Effective Date of this Section
|
Date Before Which
Use Shall Terminate
| |
|---|---|---|
|
0 to $5,000
|
January 1, 2001
| |
|
$5,001 to $8,000
|
January 1, 2002
| |
|
$8,001 to $15,000
|
January 1, 2003
| |
|
$15,001 to $22,000
|
January 1, 2004
| |
|
$22,001 or more
|
January 1, 2005
|
|
NOTE: The term "capital investment," as used
above, is defined to mean the initial outlay by the owner or operator
of the use to establish the business as of the date of the enactment
of the section, exclusive of the fair market value of the structure
in which the use is located.
|
[1]
Editor's Note: This ordinance also renumbered
former §§ 155-24 through 155-52 as 155-24 through 155-53,
respectively.
[Amended 5-22-2002 by Ord. No. 2002-5; 8-11-2010 by L.L. No.
1-2010]
A.
Intent. No signs shall be permitted in any district except as specifically
permitted herein as follows or in other sections of this chapter.
B.
General. No signs shall be attached to fences, trees, utility poles,
traffic signs, guide rails, or similar objects, nor placed in a public
street or right-of-way, or in positions that will obstruct or impair
vision or traffic, or in any manner create a hazard or disturbance
to the health and welfare of the general public.
C.
Signs allowed without a building permit. Signs in all districts.
The following signs are permitted when located on the same plot or
lot as the principal use of the advertiser without a building permit:
(1)
One professional or home occupation sign, not exceeding two square
feet, affixed to the building, after the granting of an accessory
use permit.
(2)
Signs identifying any nonresidential building or use permitted in
residential districts, not exceeding a total of four square feet,
provided that such signs are affixed to the building.
(3)
Directional or information sign, not exceeding four square feet per
face or four feet in height.
(4)
Signs necessary for public safety or welfare, not exceeding four
square feet per face, but this subsection shall not include commercial
signs.
D.
Signs requiring a building permit.
(1)
Wall-mounted signs. Such sign shall be affixed to the building and
shall not exceed 5% of the building facade or 100 square feet, whichever
is less, shall not exceed the building height limitation for the district
in which it is located and shall not exceed the highest point of the
building's roof. Such signs may be allowed only upon the issuance
of a building permit from the Department of Planning and Development.
(2)
Freestanding signs. Such signs shall be reviewed and may be permitted
by the Planning Board during the subdivision and/or site plan process,
or such signs may be permitted by the Department of Planning and Development
after the issuance of a building permit, subject to the following
conditions:
(a)
No freestanding sign shall be more than 16 square feet per face.
(b)
No freestanding sign shall be higher than six feet from the
existing or natural ground level directly beneath the proposed sign.
(c)
All freestanding signs shall include the address number of the
property.
(d)
All freestanding signs shall fit with the existing character
of the neighborhood and similarly situated signs. In determining whether
a freestanding sign fits within the character of the neighborhood,
the Planning Board or the Department of Planning and Development,
as the case may be, shall review, but not be limited to, the following
considerations:
E.
Computation of a permissible sign area. When computing the total
permissible sign area for any use, the following shall apply:
(1)
Existing signs shall be included.
(2)
The total area of all signs shall not exceed the requirements as
set forth in this chapter.
(3)
Signs consisting of freestanding letters, numerals or other devices
shall include any intervening spaces between them.
(4)
Back-to-back signs may be counted as one sign with only the larger
face area to be used.
(5)
Only the larger face area of a double-faced or V-type sign shall
be used.
F.
Traffic hazard, safety and obstruction. Every sign shall be designed
and located in such a manner as to:
G.
Illuminating and flashing signs.
[Amended 3-9-2016 by L.L.
No. 4-2016]
(1)
Illumination of signs shall be allowed by a steady light, either
internally or externally, provided that such lighting will not illuminate
or reflect onto adjacent or other properties.
(2)
Flashing, fading, oscillating and revolving signs shall not be permitted
unless necessary for public safety or welfare.
(3)
Light emitting diode (LED) display signs, or signs similar in technology
as determined by the Code Enforcement Officer, that scroll, move,
display animation, or change pictures or script shall be prohibited
in the Town of Manlius.
H.
Maintenance of signs.
(1)
Every sign shall at all times be kept in good appearance and shall
be maintained in a safe and structurally sound condition. Signs that
do not comply with adequate safety standards or pose a traffic concern
shall be removed at the property owner's expense.
(2)
Signs must be regularly maintained including replacement of worn
parts, painting and cleaning, and all lights shall be operating or
turned off.
I.
Sign face changes. Sign face changes such as new face, wording, colors
and dimensions shall be allowed upon the issuance of a building permit
from the Department of Planning and Development in compliance with
this section; minor changes such as new or additional professional
employee names or telephone numbers do no require a permit.
J.
Existing legal nonconforming signs.
(1)
Signs existing before the adoption or amendments of this sign ordinance
that are not in compliance with this section may continue to exist
for as long as the current business remains in business and the signs
are maintained in good condition, as determined by the Department
of Planning and Development.
(2)
If any changes are made to an existing legal nonconforming sign,
the new or changed sign will be allowed upon the issuance of a building
permit from the Department of Planning and Development in compliance
with this section.
K.
Abandoned signs. If a business or sign is abandoned for more than
a six-month period it shall be removed and any new sign must comply
with this section. Abandonment shall be determined by the Department
of Planning and Development, in its discretion.
L.
The Code Enforcement Officer shall be vested with the authority to
issue sign permits for signs which comply with this section, and to
supervise the erection, installation, application, alteration, and
shall have the authority to remove or to have removed any sign, whether
permanent or temporary, that does not comply with this chapter.
[Added 10-14-1992 by Ord. No. 8-1992; amended 8-11-2010 by L.L. No.
1-2010]
A.
Intent. All signs of a temporary nature, such as commercial and residential real estate signs, political signs, portable A-frame signs, roadside stand signs, garage sale signs, not-for-profit signs, residential contractor signs, and other similar signs shall be considered temporary signs and shall be allowed only in compliance with this chapter. All other signs shall be considered permanent signs requiring Planning Board approval and/or a building permit from the Department of Planning and Development, as set forth in § 155-25, or shall be prohibited. No temporary sign shall be permitted which would otherwise be prohibited.
B.
General. No signs shall be attached to fences, trees, utility poles,
traffic signs, guide rails, or similar objects, nor placed in a public
street or right of way, or in positions that will obstruct or impair
vision or traffic, or in any manner to create a hazard or disturbance
to the health and welfare of the general public.
C.
Commercial real estate signs.
(1)
Commercial "For Sale" or "For Rent/Lease" sign. Only one for sale
or for rent/lease commercial real estate sign per street frontage
not exceeding 16 square feet per face or six feet in height, either
freestanding or attached to the building, shall be allowed on the
premises. If a freestanding sign, only in-ground posts are allowed.
Floating wood footers are not allowed. If the lot is a corner lot,
two signs shall be allowed only if over 200 feet of street frontage
is available on both streets. Such sign(s) shall be removed within
seven days after completion of a sale or rent/lease contract. No such
sign shall be allowed in any public right-of-way.
(2)
Contractor/developer sign. Only one contractor/developer sign per
commercial property, describing the project and contractor/developer
and participants for the project, not exceeding 16 square feet per
face or six feet in height, either freestanding or attached to the
building. If a freestanding sign, only in-ground posts are allowed.
Floating wood footers are not allowed. Such sign shall be removed
upon the issuance of a certificate of occupancy or a certificate of
compliance or at the request of the Town upon reasonable grounds for
such request. No such sign shall be allowed in any public right-of-way.
(3)
Any commercial real estate sign or contractor/developer sign shall
accurately reflect the permitted uses allowed on the site under the
current Town of Manlius Zoning Code.
(5)
Note: The requirement of this subsection also applies to a residential
subdivision.
D.
Residential real estate signs.
(1)
Residential "For Sale" or "For Rent/Lease" sign. Only one for sale
or for rent/lease residential real estate sign per street frontage
not exceeding four square feet per face or four feet in height shall
be allowed. Any such sign shall be located on the lot for sale or
rent/lease, and shall be removed within seven days after the completion
of a sale or rent/lease contract.
(2)
Residential "Open House" sign. A maximum of three signs per open
house, including directional signs, are allowed only during the hours
of the open house and shall be removed immediately after the open
house. No sign shall exceed four square feet per face or four feet
in height. Such signs may be located on any property with prior permission
of the owner or tenant.
F.
Portable (A-frame) signs. Each business entity in a Commercial A,
Commercial B, or Neighborhood Shopping zoning district shall be entitled
to display one portable (A-frame) sign for a special event at their
place of business, subject to the following conditions:
G.
Roadside stand signs.
(1)
Only one sign not to exceed six square feet per face or four feet
in height advertising for-sale goods produced on the owner's land,
such as wood, produce, livestock, plant materials or Christmas trees.
(2)
Such sign will be permitted on a temporary or seasonal basis only.
(3)
Such sign shall be located on the owner's land and shall be erected
no more than 14 days before, and shall be removed no later than seven
days after, the activity has taken place or the goods are no longer
available.
H.
Garage sale signs.
(1)
Only one sign not to exceed four square feet per face or four feet
in height advertising household goods for sale on the premises of
the garage sale.
(2)
Homeowners'-association-sponsored neighborhood garage sale: only
one sign not to exceed 16 square feet per face or four feet in height
located at the main entrance to the development.
(3)
Such sign(s) shall be erected no more than seven days before the
garage sale, and shall be removed immediately after the garage sale.
(4)
On the day of the garage sale, a maximum of three signs, including
directional, are allowed only during the hours of the garage sale
and shall be removed immediately after the garage sale. No sign shall
exceed four square feet per face or four feet in height. Such signs
may be located on any property with prior permission of the owner
or tenant.
I.
Not-for-profit signs. Signs advertising events or activities of not-for-profit
entities are allowed, subject to the following conditions:
(1)
Such signs may be located on any property with prior permission of
the owner or tenant.
(2)
No sign may be erected in a public street or right-of-way, or placed
in such a fashion that would be hazardous to traffic or public safety.
(3)
No sign shall exceed four square feet per face or four feet in height.
(4)
No sign may be erected more than 30 days prior to the event, and
shall be removed immediately after the event.
J.
Residential contractor signs. Only one sign advertising active construction,
renovation, landscaping or similar activities at a specific residential
location are allowed at any residential location, subject to the following
conditions:
K.
The Code Enforcement Officer shall be vested with the authority to
issue sign permits for signs which comply with this section, and to
supervise the erection, installation, application, alteration, and
shall have the authority to remove or have removed any sign, whether
permanent or temporary, that is not in compliance with this section.
L.
Temporary
signs permitted pursuant to this chapter shall be removed no later
than two weeks after the last date of the event or activity for which
the temporary sign was erected.
[Added 10-23-2019 by L.L. No. 7-2019]
M.
Notwithstanding
anything to the contrary in this chapter, any sign which is in the
nature of a banner, beacon or pennant, or which is inflated by air,
helium or gas, may be erected and/or used for no more that 30 total
days in any calendar year, provided such temporary sign is otherwise
permitted under this chapter.
[Added 10-23-2019 by L.L. No. 7-2019]
[Amended 6-23-1993 by Ord. No. 5-1993; 12-13-2000 by Ord. No. 5-2000; 8-13-2014 by L.L. No. 2-2014; 7-8-2020 by L.L. No. 6-2020]
A.
Legislative findings, intent and purpose.
(1)
Special use permits are intended to allow for certain uses which
are considered on their individual merits and circumstances and which
may be permitted in the applicable zoning district, provided that
such uses do not adversely affect the neighborhood, including its
character, the natural environment, and the rural, scenic and historic
character. Such special uses are permitted only upon issuance of a
special use permit by the Planning Board only after an evaluation
is made of the compatibility of the proposed use with surrounding
uses, the suitability of the use to the site, and whether it is in
harmony with the Town of Manlius Zoning Code.
(2)
All special permit uses cited in the district regulations in Article III of this Zoning Code shall be subject to review and approval by the Planning Board in accordance with § 274-b of the Town Law and the general objectives, requirements and procedures included herein. In all cases where this Zoning Code requires such special use permit authorization, no building permit or certificate of occupancy shall be issued by the Codes Enforcement Officer except upon authorization of and in full conformity with plans approved and requirements or modifications imposed by the Planning Board. In accordance with the district regulations, most uses requiring the issuance of a special use permit are additionally subject to site plan review and approval, as described in § 155-28 of this Zoning Code.
(3)
Accessory uses or structures used in connection with a special use
permit shall be subject to the same approval requirements as the principal
structure or use. In authorizing any special use permit, the Planning
Board shall take into consideration the public health, safety, and
general welfare, and the comfort and convenience of the public in
general, and pursuant to its reasonable exercise of the police powers
of the Town under the Home Rule provisions of the New York Constitution,
Article IX, § 2, may impose conditions and restrictions
on the operations of such uses within the district. The intent of
the regulations is to ensure that the development and use of individual
parcels is in harmony with the Zoning Code and special use permit
requirements will not have an adverse effect on adjacent lands, the
immediate neighborhood, or on the character of the community. Such
regulations are designed to:
(a)
Protect the community from traffic congestion and conflicts,
flooding, and excessive soil erosion, unnecessary noise, lighting
and odors, wasteful energy use and other forms of pollution;
(b)
Protect the community from inappropriate design and other matters
of scenic and aesthetic significance;
(c)
Ensure that the proposed use will be in harmony with the appropriate
and orderly development of the district in which it is proposed, that
its impacts can be mitigated by compliance with reasonable conditions;
and
(d)
Ensure that new development conforms with the Town's planning
goals and objectives. This shall specifically include the right and
authority to condition and restrict operations reasonably as a proper
exercise of the Planning Board's police powers (and not necessarily
its zoning authority) for the preservation of the health, safety and
welfare of its residents and provided same is reasonably related to
a legitimate government purpose.
(4)
The Planning Board may require modifications to development proposals,
submission of alternative design and layout proposals, and may attach
reasonable conditions and safeguards to eliminate or minimize potential
impacts as a precondition of its approval of a special use permit.
B.
Special use permit application procedures.
(1)
Application and fee. All special use permit applications are made
to the Town Clerk, in writing, on forms, and in accordance with the
review procedures prescribed by this section of the Zoning Law. In
order to be considered complete, a special use permit application
shall be accompanied by the following:
(a)
A preliminary site plan which demonstrates the overall site
layout and building locations, parking areas, access and egress locations,
setbacks and buffer areas, lighting, landscaping, stormwater management,
signage, natural and cultural resource information as required herein,
and the location and extent of existing development on adjacent parcels.
(b)
Preliminary building plans and elevations illustrating existing
and/or proposed building construction and alteration, including an
indication of exterior materials, textures and colors.
(c)
Payment or deposit of all applicable fees and costs in accordance
with the Town Code and fee schedule.
(d)
Either a short or full environmental assessment form (EAF),
as required by SEQR, Article 8 of the New York State Environmental
Conservation Law and 6 NYCRR Part 617. All applications made for lands
within or contiguous to any building, structure or site listed or
eligible for same individually on the State or National Register of
Historic Places shall require the submission of a full EAF.
(e)
Certification by the applicant, in writing and on forms provided
by the Town of Manlius, that the information provided is "true and
accurate to the best of my knowledge."
(f)
Affidavit sworn by the applicant, on forms provided by the Town
Manlius, attesting that no state officer, or any officer or employee
of the County of Onondaga or Town of Manlius, has any interest in
the person, partnership or association owning the premises subject
thereof or making the application, and no other violation of (New
York) Municipal Law § 809 shall result from such application.
(g)
Execution by applicant of payment agreement, on forms provided
by the Town of Manlius, agreeing to bear all cost and expense for
such administrative, legal, engineering, architect and other professional
and consulting assistance to the Town incidental to the application,
and including that expense incurred by the Town for Town employees
and officers performing reasonable and necessary work on behalf of
the Town incident to the application.
(h)
Any other information deemed necessary by the Planning Board
to explain the nature of the proposed use, its potential environmental
impacts under SEQR, and its consistency with the standards established
by this Zoning Code for special use permits.
(2)
Public notice and hearing. The Planning Board shall, within 62 calendar
days of the receipt of the complete application, conduct a public
hearing on any such special permit application. The Planning Board,
by resolution at a stated meeting, shall fix the place, date, and
time of the public hearing. The Planning Board shall provide a copy
of this notice of said hearing to the applicant and, at which hearing,
he or she shall appear in person or by agent. The Planning Board shall
additionally provide notification as follows. All notices and mailings
shall be the responsibility of the applicant, shall be paid for by
the applicant, shall be sent and confirmed by the applicant using
certified mail, registered mail, delivery confirmation, signature
confirmation, or certificate of mailing, and shall be certified to
the Planning Board that compliance has timely occurred. Such notices
and mailings shall be as follows:
(a)
By publishing at least five calendar days prior to the date
thereof a legal notice in a newspaper of general circulation in the
Town.
(c)
By requiring notice of the public hearing and data regarding
the substance and location of the special use permit application to
the owners of all property abutting that held by the applicant and
all other owners within 500 feet of the exterior boundaries of the
land involved in such application or such additional distance as the
Planning Board may deem advisable, or as otherwise required by state
law. Notice shall be mailed via regular (first-class) mail at least
five calendar days prior to the hearing. The foregoing notwithstanding,
the failure to have notified a certain party or parties in error shall
not affect the legality of the proceeding, provided a good faith effort
has been made and this mailing requirement substantially complied
with.
(d)
By providing notice of the public hearing and data regarding
the substance and location of the special use permit application to
all involved agencies under SEQR at least 10 calendar days prior to
the hearing.
(e)
If the land involved lies within 500 feet of a farm operation
located in a New York State Agricultural District, such owners shall
be sent at least five calendar days prior to the public hearing an
agricultural data statement on forms supplied by the Town of Manlius
and prepared by the applicant.
(f)
If the land involved in the application lies within 500 feet
of the boundary of any other municipality, the applicant shall also
mail at least five calendar days prior to the public hearing to the
Municipal Clerk of such other municipality or municipalities a copy
of the notice of the substance of every application, together with
a copy of the official notice of such public hearing.
(g)
The names and addresses of owners notified shall be taken as
such appear on the last completed tax roll of the Town.
(h)
Provided that there has been substantial compliance with these
provisions, the failure to give notice in exact conformance herewith
shall not be deemed to invalidate an action taken by the Planning
Board in connection with granting or denying a special use permit
application.
(3)
Agency and consultant review. In its review, the Planning Board may
consult with the Town Codes Enforcement Officer, the Superintendent
of Highways, the Town Historian, other local and county officials
and its designated private planning and engineering consultants, in
addition to representatives of county, state and federal agencies,
including, but not limited to, the Onondaga County Departments of
Health, Public Works, Planning and Development, the New York State
Departments of Transportation, Health, Agriculture and Markets, Office
of Parks, Recreation and Historic Preservation, Secretary of State,
and Environmental Conservation, and the United States Army Corps of
Engineers, United States Fish and Wildlife Service, and United States
Department of Agriculture's Natural Resources Conservation Service.
(4)
Required referrals. A full statement of any special use permit application,
including all applicable SEQR documentation, that meets the referral
requirements of §§ 239-l and 239-m of the General Municipal
Law shall be referred prior to the public hearing to the Onondaga
County Planning Board for its review. No action shall be taken by
the Planning Board on such application until an advisory recommendation
has been received from said county Planning Board or 30 calendar days
have elapsed since the Onondaga County Planning Board received such
full statement. In the event that the Onondaga County Planning Board
recommends disapproval of the proposal or recommends modification
thereof within such time period or at a later date prior to final
action by the Planning Board, the Planning Board shall not act contrary
to such disapproval or recommendation, except by a vote of a majority
plus one of all the members after the adoption of a resolution fully
setting forth the reasons for such contrary action. Within 30 calendar
days after such final action, the Planning Board shall file a report
of the final action it has taken with the Onondaga County Planning
Board.
(5)
Waiver of requirements. The Planning Board may waive any specific requirements set forth in this § 155-27 for the approval of a special use permit. The grant of any such waiver shall be accompanied by a written finding that compliance with the requirements is either not requisite in the interest of the public health, safety and general welfare or inappropriate to the particular special permit use. The Planning Board may, in granting waivers, incorporate such reasonable conditions as will, in its judgment, substantially secure the objectives of the requirements so waived. No waiver or modification may be deemed approved or granted by implication. All waivers and modifications must be expressly set forth in the findings of the Planning Board.
(6)
Area variances. Where a proposed special use permit contains one or more features which do not comply with the special use permit regulations, application may be made to the Zoning Board of Appeals for an area variance pursuant to § 155-48 of the Zoning Code, without the necessity of a decision or determination of the Codes Enforcement Officer.
(7)
Decisions. Every decision of the Planning Board with respect to a
special use permit application shall be made by resolution within
62 calendar days of the close of the public hearing, which resolution
shall clearly state the decision, including findings, and any modifications
attached thereto. The time within which the Planning Board shall render
its decision may be extended by mutual consent of the applicant and
the Board. Each such decision shall be filed in the office of the
Town Clerk within five business days after such decision is rendered,
and a copy thereof shall also be mailed to the applicant. No time
periods for decisionmaking in this subsection shall begin to run until
the lead agency has either accepted a draft environmental impact statement
as complete or adopted a negative declaration under SEQR.
(8)
Reimbursable costs. Reimbursable costs incurred by the Planning Board for professional consultation fees or other extraordinary expense in connection with the review of a special use permit application shall be charged to the applicant in accordance with Chapter 96 of the Town of Manlius Code. Maximum amounts for such reimbursable costs by project type and size shall be in accordance with the fee schedule established by the Planning Board. Such reimbursable costs shall be in addition to any fees required herein under the Town Code.
(9)
Effect of special use permit approval.
(a)
In addition to compliance with all other applicable sections
of this Zoning Code, and all other local, county and state laws, rules
and regulations, no building permit shall be issued for any structure
regulated by this section until such special use permit has received
Planning Board approval and a copy of a resolution to that effect
has been presented to the Codes Enforcement Officer.
(b)
No certificate of occupancy shall be issued for any structure
or use of land covered by this section until the structure is completed
or the land developed in strict accordance with the Planning Board
resolution of special permit approval and other applicable requirements
of this Zoning Law.
(c)
Any use for which a special permit may be granted shall be deemed
a conforming use in the district in which it is located, provided
that such permit shall be deemed to affect only the lot or portion
thereof for which such permit has been granted.
(d)
The Planning Board may require in its resolution of approval
that a special use permit shall be effective only for a specific duration
and upon expiration must be renewed. Such renewal may be withheld
only after public hearing and upon specific determination by the Planning
Board that such conditions as may have been prescribed in conjunction
with the issuance of the original permit have not been, or are no
longer being, complied with. If the Codes Enforcement Officer finds
a violation of the special use permit, he or she may refer the application
to the courts or to the Planning Board for further proceedings. In
such cases, a period of 60 calendar days shall be granted for full
compliance by the applicant prior to revocation of the special use
permit.
(e)
A special use permit shall expire if the use or uses cease for
more than two years for any reason, if the applicant fails to comply
with the conditions of the special use permit, or if the time limit
imposed on certain special uses expires without renewal.
(f)
The granting of a special use permit in a flood zone shall not
be held to constitute a representation, guarantee or warranty of any
kind by the Town of Manlius or by any official or employee thereof,
or consultant thereto, regarding the practicability or safety of any
structure or use or the proper functioning of the proposed facilities
and plans and shall not be held to create a liability upon, or cause
of action against, such public body, official or employee for any
damage that may result pursuant to such development or use.
(10)
Expiration of special use permit. A special use permit shall
be deemed to authorize only the particular use or uses expressly specified
in the permit and shall expire if the special use permit activity
is not commenced and diligently pursued within six calendar months
of the date of issuance of the special use permit. Upon prior written
request to the Planning Board, the time period for initiation of the
special permit use may be extended for a maximum period of one calendar
year from its otherwise specified termination date. The Planning Board
may hold a public hearing prior to granting any extensions.
(11)
Revocation of special use permit. In all instances, a special
use permit may be revoked by the Planning Board, after public hearing,
if it is found and determined that there has been a substantial failure
to comply with any of the terms, conditions, limitations and requirements
imposed by said permit.
(12)
Amendments to special use permits. The terms and conditions
of any special use permit may be amended in the same manner as required
for issuance of a special permit, following the criteria and procedures
of this subsection.
(13)
Relief from decisions. Any person or persons jointly or severally
aggrieved by any decision of the Planning Board on a special use permit
application may apply to the Supreme Court of the State of New York
for relief through a proceeding under Article 78 of the Civil Practice
Laws and Regulations of the State of New York. Such proceeding shall
be governed by the specific provisions of Article 78, except that
the action must be initiated as therein provided within 30 calendar
days after the filing of the Board's decision in the office of the
Town Clerk.
C.
General standards. The Planning Board shall carefully review the specific requirements set forth in this § 155-27 for the special permit uses, any applicable supplementary regulations enumerated in the Zoning Code, and the following general standards for any use requiring special use permit authorization by the Planning Board:
(1)
The location and size of the use, the nature and intensity of the
operations involved, the size of the site in relation to the use,
and the location of the site with respect to existing and future streets
and roads providing access shall be in harmony with the orderly development
of the district.
(2)
The location, nature and height of the buildings, walls and fences
and the nature and intensity of the intended operations will not discourage
the appropriate development and use of adjacent land and buildings
nor impair the value thereof.
(3)
All proposed traffic access ways shall be adequate but not excessive
in number, adequate in width, grade, alignment and visibility, be
sufficiently separated from street intersections and places of public
assembly, and meet similar safety considerations.
(4)
Adequate provision for safe and accessible off-street parking and
loading spaces shall be provided to avoid parking in public streets
of vehicles or persons connected with or visiting the use. With the
exception of single-family detached dwellings, shared parking is encouraged
where the peak parking demands of different uses occur at various
times of the day. Use of a widely accepted means of projecting demand
for shared use, such as the Urban Land Institute's Shared Parking
Report, shall be employed to demonstrate shared parking effects.
(5)
All parking, service and other areas on site intended for uses or
operations not typical of residential uses or activities shall be
buffered or screened from the view of adjacent residential lots and
streets or roadways and the general landscaping of the site shall
be in character with that generally prevailing for residential uses
in the neighborhood. Such landscaping shall include the preservation
of existing trees to the maximum extent practicable. Roadside plantings
shall be in accordance with any established design standards.
(6)
All proposed buildings, structures, equipment and/or material shall
be readily accessible for fire, emergency services and police protection.
(7)
The character and appearance of the proposed use, buildings, structures,
lighting, and/or outdoor signs shall be in general harmony with the
character and aesthetic appearance of the surrounding neighborhood
and consistent with the purpose and intent of the zoning district
as described in the applicable Zoning Code provisions. These shall
not be more objectionable to nearby properties by reason of noise,
fumes, vibration or light than would the operations of any permitted
principal use. In addition, they shall not adversely affect the general
welfare of the inhabitants of the Town of Manlius.
(8)
Except for preexisting nonconforming lots of record, the use shall
meet the prescribed area and bulk requirements for the district in
which it is located and as further specified in the supplementary
regulations, including, but not limited to, setbacks, maximum height,
environmental and open space standards, required off-street parking,
lighting, noise, and sign regulations.
(9)
The level of municipal and other services required to support the
proposed activity or use is, or will be, available to meet the needs
of the proposed activity or use. This consideration shall include
the suitability of water supply and sanitary sewage facilities to
accommodate the intended use and protection from pollution of surface
or groundwater.
(10)
The proposed use shall not have an unmitigated significant adverse
environmental impact as defined by the New York State Environmental
Quality Review Act (SEQR). Such determination shall be made by the
Planning Board or other designated lead agency.
(11)
The use shall be designed and shall be carried out in a manner
that protects any relevant neighborhood character, historic and natural
environmental features on the site under review and in adjacent areas.
(12)
The use shall be consistent with any available and relevant
studies and history, and other evidence of the municipality's land
use practices and policies.
(13)
The Planning Board may apply any other standards to their review
of the proposed use as they may see fit in order to impose additional
conditions and safeguards to the special use permit as are directly
related to and incidental to the proposed special use permit and which
may be necessary to assure continual conformance to all applicable
standards and requirements, including reasonable assurances that such
conditions and safeguards can be responsibly monitored and enforced.
The Planning Board's authority shall specifically include the right
to condition and restrict operations reasonably as a proper exercise
of the Planning Board's police powers (and not necessarily its zoning
authority) for the preservation of the health, safety and welfare
of Town residents and provided same is reasonably related to a legitimate
government purpose.
D.
Additional specific standards for certain uses. In addition to the general standards stated above and the site plan review considerations stated in § 155-27C of this Zoning Code, any specific requirements for the particular special use permits cited in this chapter shall be considered by the Planning Board in its review. Special permit uses that do not have additional specific requirements shall be reviewed using the general objectives stated hereinbefore and, acknowledging that Planning Board site plan review shall also be required, with consideration to the site plan review standards set forth at § 155-27C.
E.
Severability. If any clause, sentence, paragraph, subdivision, section
or part of this section or the application thereof to any person,
individual, corporation, firm, partnership, entity or circumstances
is adjudged invalid, illegal or unconstitutional by any court of competent
jurisdiction, such order or judgment shall be confined in its operation
to the clause, sentence, paragraph, subdivision, section or part of
this section or in its application directly involved in the controversy
in which such judgment shall have been rendered and shall not affect
or impair the validity of the remainder of this section or the application
thereof to other persons or circumstances. Further, in adjudging such
invalid, illegal or unconstitutional provision, the court shall attempt
to modify same to a provision which is not invalid, illegal or unconstitutional
and which best achieves the intent of the invalid provision.
[Added 6-11-2008 by L.L. No. 2-2008]
A.
Intent and purpose.
(1)
The Town of Manlius through these regulations
seeks to promote the safe, effective and efficient use of small wind
energy systems installed to reduce the on-site consumption of utility-supplied
electricity. The Town of Manlius recognizes that wind energy is an
abundant, renewable, nonpolluting energy resource and that its conversion
to electricity will reduce our dependence on nonrenewable energy resources
and decrease the air and water pollution that results from the use
of conventional energy sources. It is therefore the intent and purpose
of these regulations to balance the encouragement of this renewable
resource with any impacts such use may have on health, welfare and
safety to the community and preserving and protecting the aesthetic
qualities of the Town of Manlius.
(2)
These regulations relate to small or on-site-use wind energy systems and do not address large-scale wind turbines or wind farms which are typically intended to sell energy directly to power companies or retail users. Wind farms shall be allowed only in the Industrial District, as set forth in § 155-17 of the Town of Manlius Code, and only on individual parcels of land exceeding 50 acres. No more than one such wind energy conversion system for a wind farm shall be allowed per five acres. No such wind farm shall be allowed except upon the issuance of a special use permit by the Town Board, pursuant to § 155-27 of the Town Code and upon site plan approval by the Planning Board pursuant to § 155-28 of the Town Code.
B.
Permits required. Towers for on-site-use wind energy
deriving purposes shall only be allowed in the R-A District. Only
one such tower shall be allowed on any individual parcel of land,
which parcel shall be at least 100,000 square feet in area and have
a road frontage of at least 200 feet. No person, firm or corporation,
or other entity being the owner or occupant of any land or premises
within the Town of Manlius shall use or permit the use of land or
premises for the construction of a tower for on-site-use wind energy
deriving purposes without obtaining a special use permit issued by
the Town Board and a site plan approval issued by the Planning Board
as hereinafter provided.
C.
Special use permit. In addition to the criteria established pursuant to § 155-27, the following criteria are hereby established for purposes of granting a special permit for an on-site use wind energy conversion system under this chapter:
(1)
Noninterference. Individual on-site-use wind
energy conversion systems shall not be installed in any location along
the major axis of an existing microwave communications operation where
their operation is likely to produce an electromagnetic interference
in the link's operation.
(2)
Proximity to radio, television and telephone
systems. Individual on-site-use wind energy conversion systems shall
not be installed in any location where their proximity interferes
with existing fixed broadcast, retransmission, or reception antennae
for radio, television or wireless phone.
(3)
Scenic viewsheds. Individual tower facilities
for on-site-use wind energy conversion systems shall not be installed
in any location that would substantially detract from or block the
view(s) of all or a portion of a recognized scenic viewshed, as viewed
from any public road, right-of-way or publicly owned land within the
Town of Manlius or that extends beyond the border of the Town of Manlius.
For purposes of this section, consideration shall be given to any
relevant portions of the current, amended and/or future officially
recognized Town planning document or resource.
(4)
Noise limitations. The level of noise produced
during wind turbine operation shall not exceed 50 dba beyond the present
ambient sound levels at preconstruction levels, as measured at the
boundaries of the closest parcels that are owned by non-site owners
and that abut either the site parcels or any other parcels adjacent
to the site held in common by the owner of the site parcel, as those
boundaries exist at the time of the special use permit application.
The applicant will be required to submit technical data to the satisfaction
of the Town Board as to this requirement. This obligation shall be
a continuing obligation with exceptions only for short-term events,
such as utility outages and severe windstorms.
(5)
Height. It is recognized that wind turbines
require greater heights to reach elevations with wind currents reasonably
adequate to generate energy. On-site-use wind energy conversion systems
shall not exceed a total height of 80 feet for single-family residential
applications (< 15 kW at 25 mph) and shall not exceed a total height
of 150 feet for nonresidential applications (i.e., farm, small business,
etc., < 125 kW at 25 mph) from the ground to the top of the highest
point of blade height (tip) as extended at its highest vertical point,
provided that the application includes specific evidence that the
proposed total height does not exceed the height recommended by the
manufacturer or distributor of the on-site-use wind energy conversion
system.
(6)
FAA requirements. If the proposed site is near
an airport, seaplane base, or established flight zone, such wind energy
conversion system must meet all Federal Aviation Administration requirements.
(7)
Ground clearance. The minimum distance between
the ground and any part of the rotor blade must be 30 feet.
(8)
Emergency shutdown/safety. The applicant shall
post an emergency telephone number so that the appropriate entities
may be contacted should any wind turbine need immediate repair or
attention. This telephone number should be clearly visible on a permanent
structure or post located outside of the fall zone of the tower. Location
should be convenient and readily noticeable to someone likely to detect
a problem. Further, no wind turbine shall be permitted which lacks
automatic braking, governing or feathering system to prevent uncontrolled
rotation, over-speeding, and excessive pressure on the tower structure,
rotor blades, and turbine components or enclosed shelter.
(9)
Lightning protection. All energy towers shall
have lightning protection.
(10)
Ownership. Ownership of the wind energy conversion
system must be the same as the owner of the fee interest in the real
property upon which it is situated. In the event of transfer of ownership
of the premises, the ownership of the wind energy conversion system
must also be transferred to same or the tower must be decommissioned
and removed.
(11)
Utility service. All power lines from the wind
turbines to on-site interconnection equipment shall be located underground
and installed by certified professionals and must meet all applicable
national, state and local electrical codes.
(12)
Lighting. No on-site-use wind energy conversion
systems under this provision shall be artificially lighted, unless
so required by the FAA. Use of nighttime, and overcast daytime conditions,
stroboscopic lighting to satisfy tower facility lighting requirements
for the Federal Aviation Administration may be subject to on-site
field testing before the Town Board as a prerequisite to the Board's
approval, with specific respect to existing residential uses within
2,000 feet of each tower for which such strobe lighting is proposed.
(13)
Access road. To the greatest extent possible,
existing roadways shall be used for access to the site and its improvements.
In the case of constructing any roadways necessary to access the wind
energy conversion systems, they shall be constructed in a way that
allows for the passage of emergency vehicles in the event of an emergency.
Each application shall be accompanied by correspondence from the responding
fire department and emergency care provider as to the acceptability
of the proposed ingress and egress to the tower.
(14)
Security/anti-climb device. The design of each
device shall not allow for climbing by the public for a minimum height
of 15 feet from the ground.
(15)
Decommissioning. The applicant shall submit
to the Town Board (with a copy to the Planning Board) a letter of
intent committing the owner, and his or her successors-in-interest,
to notify the Building Inspector within 30 days of the discontinuance
of the use of the on-site-use wind energy conversion system. This
letter of intent shall be filed with the Director of Planning and
Development prior to the issuance of a building permit. The owner
shall remove the obsolete or unused wind turbines and accessory structures
within one year of such notification. Failure to notify and/or remove
the obsolete or unused tower in accordance with these regulations
shall be a violation of this section and the cost of removing the
on-site-use wind energy deriving tower and accessory structures shall
be placed as a lien on the property owner's tax bill. In addition,
a reclamation bond in the amount of $100,000 shall be filed with the
Town Clerk to cover the costs of reclamation of the tower. In addition,
should the wind energy conversion system be nonoperational for any
continuous six-month period, the approvals granted shall be deemed
void and the Wind Energy Conversion System shall be decommissioned
subject to a new approval under this section. Such bond shall be in
place prior to the issuance of a building permit.
(16)
Setbacks. Wind energy conversion systems shall
comply with all setbacks within the affected zone. However, in addition,
all on-site-use wind energy conversion systems shall be set back a
distance equal to the height of the tower plus blade length plus an
additional 25 feet from all property lines, public roads, power lines
and preexisting and future structures. Additional setbacks may be
required by the reviewing Board in order to provide for the public's
safety, health and welfare, including the possibility of ice thrown
from the blades.
(17)
Public hearing. No action shall be taken by
the Town Board to issue a special use permit or by the Planning Board
to issue site plan approval, nor the Zoning Board of Appeals to grant
an area variance in relation to an application for an on-site-use
wind energy conversion system until after public notice and public
hearing. Proper notice of a hearing before a Board shall be given
by legal notice published in the official newspaper of the Town of
Manlius at least five days before the date set for such public hearing(s)
and written notice mailed to the applicant or his agent at the address
given in the application to be considered. The applicant shall be
responsible for notifying, by certified mail, all property owners
of record within 500 feet of the outside perimeter of the boundary
line of the property involved in the application of the time, date
and place of such public hearing by mail at least 10 days prior to
such hearing. Notice shall be deemed to have been given if mailed
to the property owner at the tax billing address listed on the property
tax records of the Town Assessor or at the property address. At least
seven days prior to such hearing, the applicant shall file with the
Board his/her affidavit verifying the mailing of such notices. Failure
of the property owners to receive such notice shall not be deemed
a jurisdictional defect.
(18)
Waiver. The Town Board may, upon exercise of
its reasonable discretion, waive one or more of the submission requirements
imposed herein. Relief from all other requirements must be made by
way of area or use variance from the Zoning Board of Appeals.
D.
Site plan review. The Planning Board shall review the site plan for any application for on-site-use wind conversion system, pursuant to § 155-28 of the Code. The following submission requirements must be observed regarding a site plan application.
(1)
Completed application form as supplied by the
Town of Manlius for site plan approval for an on-site-use wind energy
conversion system.
(2)
Proof of ownership of the premises involved
or proof that the applicant has written permission of the owner to
make such application.
(3)
A plot plan and development plan drawn in sufficient
detail, as prepared by a licensed engineer or surveyor, clearly describing:
(a)
Property lines and physical dimensions of the
proposed site, including contours at five-foot intervals;
(b)
Location, approximate dimensions and types of
all existing structures and uses on the site;
(c)
Location and elevation of the proposed on-site-use
wind energy conversion system;
(d)
Location of all existing aboveground utility
lines and other on-site-use wind energy conversion systems within
1,200 linear feet of the site;
(e)
Location and size of structures or trees above
35 feet within a five-hundred-foot radius of the proposed on-site-use
wind energy conversion system;
(f)
Where applicable, the location of all transmission
facilities proposed for installation;
(g)
Location of all roads and other service structures
proposed as part of the installation;
(h)
Landscape plan showing all existing natural
land features, trees, forest cover and all proposed changes to these
features, including size and type of plant material;
(i)
Soil type at construction site.
(4)
Rear yard placement. All towers shall be located
and placed in rear yards.
(5)
Color. Neutral paint colors (grays) may be required
to achieve visual harmony with the surrounding area.
(6)
Applications shall demonstrate that there will
be no adverse impact on migratory bird patterns.
(7)
In no event shall more than one on-site wind
energy conversion system be granted for a residential lot, unless
a variance is obtained from the Zoning Board of Appeals.
(8)
All applications shall be accompanied by a full
environmental assessment form, including a visual impact analysis.
The following additional material may be required by the Planning
Board:
(a)
Digital elevation model based project visibility
map showing the impact of topography upon visibility of the project
from other locations, to a distance radius of three miles from the
center of the project. Scaled use shall depict a three-mile radius
as not smaller than 2.7 inches, and the base map shall be a published
topographic map showing cultural features.
(b)
No fewer than four color photos taken from locations
within a three-mile radius from the proposed location, as selected
by the Planning Board and computer enhanced to simulate the appearance
of the as-built aboveground site facilities as they would appear from
these locations.
(9)
Site plan review criteria. In addition to the
above, no site plan shall be approved unless the Planning Board determines
that the proposed on-site-use wind energy conversion system complies
with the following:
(a)
That the use is oriented in its location upon
the site, as to layout, coverage, screening, means of access and aesthetics
so that:
[1]
The flow control and safety of
traffic and human beings shall not be adversely affected to an unreasonable
degree;
[2]
That there be reasonable compatibility
on all respects with any structure or use in the neighborhood, actual
or permitted, which may be directly substantially affected;
[3]
That there should not be any unreasonable
detriment to any structure or use, actual or permitted, in the neighborhood;
and
[4]
That there be a reasonable provision
for open space, yards and recreation areas appropriate to the structure
and use.
E.
Compliance with Uniform Building Code.
(1)
Building permit applications shall be accompanied
by standard drawings of structural components of the on-site-use wind
energy conversion system, including support structures, tower, base
and footings. Drawings and any necessary calculations shall be certified,
in writing, by a New York State Registered Professional Engineer that
the system complies with the New York State Fire Prevention and Building
Code. This certification would normally be supplied by the manufacturer.
(2)
Where the structure, components or installation
vary from the standard design or specification, the proposed modification
shall be certified by a New York State Registered Professional Engineer
for compliance with the Seismic and Structural Design Provisions of
the New York State Fire Prevention and Building Code.
F.
Compliance with state, local and national electric
codes.
(1)
Building permit applications shall be accompanied
by a line drawing identifying the electrical components of the wind
system to be installed in sufficient detail to allow for a determination
that the manner of installation conforms with the National Electric
Code. The application shall include a statement from a New York State
Registered Professional Engineer indicating that the electrical system
conforms with good engineering practices and complies with the National
Electric Code, as well as applicable state and local electrical codes.
This certification would normally be supplied by the manufacturer.
All equipment and materials shall be used or installed in accordance
with such drawings and diagrams.
(2)
Where the electrical components of an installation
vary from the standard design or specifications, the proposed modifications
shall be reviewed and certified by a New York State Registered Professional
Engineer for compliance with the requirements of the National Electric
Code and good engineering practices.
G.
Guy wires. Anchor points for guy wires for the on-site-use
wind energy conversion system tower shall be located within the required
setback lines and not on or across any aboveground electric transmission
distribution lines.
H.
Insurance. The applicant, owner, lessee or assignee
shall maintain a current insurance policy which will cover installation
and operation of the on-site-use wind energy conversion system at
all times. Said policy shall provide a minimum of $300,000 property
and personal liability coverage.
I.
Inspections. The Building Inspector and/or Town Engineer
shall have the right at any reasonable time to enter, in the company
of the owner or his agent, the premises on which a wind energy conversion
system is being or is constructed, to inspect all parts of said wind
energy conversion system installation and require that repairs or
alterations be made if in his judgment there exists a deficiency in
the operation or the structural stability of the system. If necessary,
the Building Inspector or Town Engineer may order the system secured
or to otherwise cease operation. It shall not be required that the
owner or agent be present in the event of an emergency situation involving
danger to life, limb or property.
J.
Districts where allowed. Subject to the issuance of
site plan approval and a special use permit, energy conversion systems
are allowed in only the R-A Zoning District in the Town.
K.
Power to impose conditions. In granting any site plan
approval, special use permit or variance for an on-site-use wind energy
conversion system, the Zoning Board of Appeals or Planning Board,
as the case may be, may impose reasonable conditions to the extent
that such Board finds that such conditions are necessary to minimize
any adverse effect or impacts to the proposed use on neighboring properties.
L.
Fees. Fees for applications and permits under this
section shall be established by resolution of the Town Board of the
Town of Manlius.
M.
Waiver. The Planning Board may, under appropriate
circumstances, waive one or more of the submission requirements contained
herein.
[Added 10-26-2016 by L.L.
No. 8-2016; amended 5-27-2020 by L.L. No. 3-2020; 2-10-2021 by L.L. No. 1-2021; 3-23-2022 by L.L. No. 2-2022]
A.
Intent and purpose. The Town of Manlius, through this section, seeks
to promote the safe, effective and efficient use of solar photovoltaic
energy systems that reduce on-site and off-site consumption of energy
generated from fossil fuels while protecting the health, safety and
welfare of adjacent and surrounding land uses and properties. The
Town of Manlius recognizes that solar energy is an abundant, renewable,
nonpolluting energy resource and that its conversion to electric energy
will reduce our dependence on nonrenewable energy resources and decrease
the air and water pollution that results from the use of conventional
energy sources. It is therefore the intent and purpose of this section
to balance the encouragement of this renewable resource with any impacts
such use may have on health, welfare and safety to the community and
preserving and protecting the aesthetic qualities of the Town of Manlius.
It is also the intent of this section to recognize the importance
of New York State policy to encourage the placement of solar array
systems on closed landfills based on Section 617.5 of the NYCRR which
designates solar energy array systems on closed landfills where less
than 25 acres is disturbed as a Type II action, meaning they will
not have a significant environmental impact. The Town of Manlius similarly
has a strong policy belief that encouraging renewable energy is vital
to the fight against climate change and the Town should take the necessary
steps to site solar energy array systems in the Town.
B.
ACCESSORY STRUCTURE
ACCESSORY USE
ARRAY
BUILDING-INTEGRATED SYSTEM (BIS)
DRIP LINE
GLARE
GROUND-MOUNTED SYSTEM (GMS)
INTERCONNECTION
KILOWATT (kW)
LARGE SOLAR PHOTOVOLTAIC ENERGY SYSTEM (LSES)
MEDIUM SOLAR PHOTOVOLTAIC ENERGY SYSTEM (MSES)
MEGAWATT (MW)
NATIVE VEGETATION
NET METERING AGREEMENT
NEW YORK STATE UNIFIED SOLAR PERMIT
PHOTOVOLTAIC (PV)
PRINCIPAL USE
QUALIFIED SOLAR INSTALLER
RATED SOLAR ENERGY SYSTEM CAPACITY
ROOF-MOUNTED SYSTEM (RMS)
SMALL SOLAR PHOTOVOLTAIC ENERGY SYSTEM (SSES)
SOLAR PHOTOVOLTAIC (PV) RELATED EQUIPMENT
SOLAR PHOTOVOLTAIC ENERGY SYSTEM (PVS)
SOLAR TRACKING SYSTEM
SOLAR-BASED ARCHITECTURAL ELEMENT
UNREGULATED YARD AREA
Definitions. The definitions set forth in this section are meant to be applicable to solar photovoltaic energy systems. Nothing contained herein is meant to change the definitions of other sections of Chapter 155 of the Manlius Code.
A structure, the use of which is customarily incidental and
subordinate to that of the principal building, and is located on the
same lot or premises as the principal building.
A use which is clearly incidental to a principal structure
or use, and is located on the same lot with the principal structure
or use, is an accessory use. All accessory uses are subject to the
restrictions in this section.
Any number of electrically connected photovoltaic (PV) modules
providing a single electrical output.
A solar photovoltaic energy system that is constructed as
an integral part of a principal or accessory building or structure
and where the building-integrated system features maintain a uniform
profile or surface of vertical walls, window openings and roofing.
Such a system is used in lieu of a separate mechanical device, replacing
or substituting for an architectural or structural component of the
building or structure that appends or interrupts the uniform surfaces
of walls, window openings and roofing. A building-integrated system
may occur within vertical facades, replacing view glass, spandrel
glass or other facade material; into semitransparent skylight systems;
into roofing systems, replacing traditional roofing materials; or
other building or structure envelope systems.
The outermost edge of a roof including eaves, overhangs and
gutters.
This is a continuous source of excessive brightness. It could
be experienced by a stationary observer located in the path of reflected
sunlight from the face of the panel.
A solar photovoltaic energy system mounted on a structure,
pole or series of poles constructed specifically to support the solar
photovoltaic energy system and not attached to any other structure.
The technical and practical link between the solar photovoltaic
energy system and the grid providing electricity to the greater community.
A unit of electrical power equal to 1,000 watts, which is
a metric measurement of instantaneous power (not energy).
A solar photovoltaic energy system with a rated capacity
larger than 200 kW. An LSES is considered an accessory use of the
property, if the principal purpose is i) to provide electrical power
to be consumed on-site and for sale to the general power grid; or
ii) to provide electrical power to be consumed on-site and to be sold
to other power customers through a power purchase agreement. An LSES
is not considered an accessory use if the principal purpose is to
provide electrical power for off-site consumption.
A solar photovoltaic energy system with a rated power generation
greater than 25 kW and up to and including 200 kW. It may be roof-
or ground-mounted, providing power for the property and/or additional
off-site buildings or customers.
A unit of electrical power equal to 1,000,000 watts, which
is a metric measurement of instantaneous power (not energy).
Native wildflower, forbs, and grasses that serve as habitat,
forage, and migratory way stations for pollinators and shall not include
any prohibited or regulated invasive species as determined by the
New York State Department of Environmental Conservation.
An agreement with a local electric utility company that allows
customers to receive a credit for surplus electricity generated by
certain renewable energy systems.
The permit issued pursuant to the application prepared by
New York State and set forth in this section as Exhibit A and filed
in the office of the Manlius Planning and Development Department.
Where the term "building permit" is used in this section, it will
mean the unified solar permit.
A semiconductor-based device that converts light directly
into electricity.
The primary or main use of land, building or structure, as
distinguished from an accessory use, building or structure.
A person who has skills and knowledge related to the construction
and operation of solar electrical equipment and installations and
has received safety training on the hazards involved. Persons who
are on the list of eligible photovoltaic installers maintained by
the New York State Energy Research and Development Authority (NYSERDA),
or who are certified as a solar installer by the North American Board
of Certified Energy Practitioners (NABCEP), shall be deemed to be
qualified solar installers for the purposes of this definition. Persons
who are not on NYSERDA's list of eligible installers or NABCEP's list
of certified installers may be deemed to be qualified solar installers
if the Town of Manlius determines such persons have had adequate training
to determine the degree and extent of the hazard and the personal
protective equipment and job planning necessary to perform the installation
safely. Such training shall include, but not be limited to, the proper
use of special precautionary techniques and personal protective equipment,
as well as the skills and techniques necessary to distinguish exposed
energized parts from other parts of electrical equipment and to determine
the nominal voltage of exposed live parts.
Aggregate sum of the AC kW ratings of all of the inverters
in the system.
A solar photovoltaic energy system in which solar panels
are mounted on top of the structure of a roof either as a flush-mounted
system or as modules fixed to frames which can be tilted toward the
south at an optimal angle.
A solar photovoltaic energy system with a rated capacity
up to and including 25 kW. It may be roof- or ground-mounted, and
serve any residential, commercial, agricultural, institutional, or
industrial building to which it is attached or associated. The electrical
power may also be supplied to accessory structures or for the supply
of energy for other uses on the same parcel.
Various items related to photovoltaic installations, including
solar photovoltaic cells, modules, panels or arrays, cables, inverters,
panelboards, disconnect switches, mounting brackets, framing and foundations
used for or intended to be used for collection of solar photovoltaic
energy.
A power generation system that utilizes cells that convert
solar radiation directly to piezoelectric power.
A PVS that is mounted in a way to track the movement of the
sun across the sky to maximize energy production, either with a single-axis
or dual-axis mechanism.
A structural/architectural element that provides protection
from weather that includes awnings, canopies, porches or sunshades
and that is constructed with the primary covering consisting of solar
photovoltaic cells and may, or may not, include additional solar photovoltaic
related equipment.
Area not within a building and not in a defined setback or
yard area.
C.
Applicability.
(1)
This section applies to all roof-mounted and/or ground-mounted
installed and constructed after the effective date of this section.
In addition, it does not apply to other types of systems that convert
solar energy, including concentrated solar power systems and hot water
systems.
(2)
After the effective date of this section, any upgrade, modification
or structural change that materially alters the size or placement
of a PVS constructed prior to the effective date of this section shall
comply with the provisions of this section.
(3)
The Town of Manlius hereby adopts the unified solar application
for the construction or placement of solar photovoltaic equipment
and will use the unified solar permit in place of the building code.
(4)
Permitted locations. No PVS or device shall be installed or
operated in the Town of Manlius except in compliance with this section,
state and local laws and, if applicable, in compliance with NYSERDA,
New York State PSC and the local utility company.
D.
Requirements.
(1)
Roof-mounted solar photovoltaic energy systems, accessory use.
(a)
RMSs may only be mounted on lawfully permitted principal or
accessory structures. RMSs shall be considered a modification to an
existing structure in the Town of Manlius subject to the following
requirements:
[1]
Unified solar permits are required for installation
of all RMSs.
[2]
At the discretion of the Town of Manlius Code Enforcement
Officer, the structure may be subject to engineering review for suitability.
[3]
For installations on a sloped roof:
[a]
The system must be installed at the same angle
as the roof on which it is installed with a maximum distance, measured
perpendicular to the roof, of 12 inches between the roof and highest
edge or surface of the system.
[b]
The highest point of the system shall not exceed
the highest point of the roof to which it is attached.
[c]
RMSs on a sloped roof do not need to be screened.
[4]
For medium and large RMSs installed on a flat roof:
[a]
The highest point of the system shall be permitted
to extend up to six feet above the roof to which it is attached.
[b]
It shall be screened in a manner similar to other
rooftop HVAC and mechanical equipment. This can be accomplished with
architectural screening such as a building parapet and by setting
the system back from the roof edge.
[5]
Any height limitations of the Town of Manlius Code
shall be applicable to solar systems.
(2)
Small GMSs, accessory use.
(a)
Small and medium GMSs are permitted based on the requirements
for accessory structures in the property's zoning district subject
to the following conditions:
[1]
The unified solar permit shall be required for
the installation of all GMSs.
[2]
The location of the GMS must meet all applicable
setback requirements for accessory structures in the zoning district
in which it is located.
[3]
GMSs shall be screened through the use of architectural
features, earth berms, landscaping or other means. This screening
should harmonize with the character of the property and the surrounding
area and minimize the view of the solar energy system from a public
right-of-way and from neighboring properties.
[4]
(Reserved)
[5]
The minimum distance between the ground and any
part of the solar panel must be at least two feet.
[6]
It is required that solar panels shall not exceed
a total height of 20 feet measured from the ground to the top of the
highest point of the panel.
[7]
SSES shall not be allowed as a principal use.
(3)
Building-integrated solar energy systems. BISs, as defined by
this section, are not considered an accessory use and are not subject
to the requirements of this section, but are subject to other building,
electrical, and safety codes.
(4)
MSES and LSES as principal use.
(a)
MSES and LSES are permitted as primary structures in the Town
of Manlius, subject to the following conditions:
[1]
These solar systems are subject to all zoning restrictions
in allowed zoning districts.
[2]
These solar systems are only allowed on parcels
that would provide at least fifty-foot setbacks, or more, as determined
by the Planning Board while conforming to all other site restrictions.
[3]
These solar systems are subject to the issuance of a special use permit by the Planning Board, pursuant to § 155-27 of the Town Code and upon site plan approval by the Planning Board pursuant to § 155-28 of the Town Code, unless the property on which solar systems are proposed are owned by the Town. If the property is owned by the Town, neither a special permit nor site plan approval from the Planning Board is required. Instead, the following requirements will be necessary:
[a]
A lease between the Town Board and the developer
of the solar system, which will include language related to notice
of change of ownership and surety for the decommissioning of the solar
photovoltaic system regardless of ownership.
[b]
An exhibit to the lease that outlines the boundaries
of the solar system on the Town's property and the layout of the solar
system.
[c]
A stormwater pollution and prevention plan acceptable
to the engineer for the Town.
[d]
A decommission plan and reclamation plan acceptable
to the engineer for the Town.
[e]
A building permit.
[4]
Removal of trees over six inches in trunk diameter
shall be minimized, or mitigated by replacement tree plantings elsewhere
on the property.
[5]
All on-site utility and transmission lines shall,
to the extent feasible, be placed underground.
[6]
All solar panels shall have antireflective coatings.
[7]
Applicants shall develop, implement and maintain
native vegetation to the extent practicable, and, in the discretion
of the Code Enforcement Officer or the Town Engineer, pursuant to
a vegetation management plan by providing native perennial vegetation
and foraging habitat beneficial to game birds, songbirds, and pollinators.
[8]
If the owner or operator of the solar energy system
changes or the owner of the property changes, the special 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 Code Enforcement Officer
of such changes in ownership or operator within 30 days of the ownership
changes.
[9]
All special permits or site plans approved by the
Planning Board for a solar energy system shall expire after 24 months
unless a building permit is issued. If the applicant or its successor
fails to perform substantial construction after 24 months from the
issuance of a building permit, to be determined by the Code Enforcement
Officer, the special permit and site plan approval shall expire.
(b)
In addition to the criteria established pursuant to § 155-27, the following criteria are hereby established for purposes of the Planning Board granting a special use permit for MSES and LSES solar systems under this chapter:
[1]
Noninterference. These solar systems shall not
be installed in any location along the major axis of an existing microwave
communications operation where the solar system operation or similar
solar system operations have been demonstrated to produce an electromagnetic
interference in the existing microwave communications operation, unless
such interference can be mitigated.
[2]
Proximity to radio, television and telephone systems.
These solar systems shall not be installed in any location where the
solar system operation or similar solar systems operations have been
demonstrated to interfere with existing fixed broadcast, retransmission,
or reception antennas for radio, television or wireless phone, unless
such interference can be mitigated.
[3]
View sheds and screening. MSES and LSES shall be
installed in a location and position that would minimize visibility
from neighboring properties. A screening plan, to be reviewed and
accepted by the Planning Board, shall be required as part of the site
plan review or special use permit review, which screening plan shall
include a glare analysis. For purposes of this section, consideration
shall be given to any relevant portions of the current, amended and/or
future officially recognized Town Code. In addition, adequate measures
shall be taken to screen through landscaping, grading or other means
to reasonably mitigate the view of the solar panels and other equipment
of the solar systems from roadways and neighboring residential properties.
[4]
Security. Proper security of the site for large
and medium GMSs is required. This can be accomplished by means proposed
by the applicant as part of an overall security plan to be accepted
by the Planning Board.
[5]
FAA requirements. If the proposed site is near
an airport, seaplane base, or established flight zone, such solar
system must meet all Federal Aviation Administration requirements.
[6]
Ground clearance. The minimum distance between
the ground and any part of the solar panel must be at least two feet.
If the array can rotate and/or change pitch, this is the minimum with
the array extended at its maximum pitch.
[7]
Emergency shutdown/safety. The applicant shall
post an emergency telephone number so that the appropriate entities
may be contacted should any portion of the solar system need immediate
repair or attention. This telephone number should be clearly visible
on signs located at the site entrance or as determined by the Planning
Board.
[8]
Lightning protection. All solar systems shall have
adequate lightning protection via internal lightning arrestors, surge
protectors or adequate grounding.
[9]
Ownership. Ownership of the property shall be clearly
established by the applicant, and, if the applicant is not the owner,
the applicant shall provide proof that the owner agrees to the regulations
set forth herein.
[10]
Utility notification and approval. No solar system
shall be constructed until evidence has been given to the Planning
Board that the utility company that operates the electrical grid where
the installation is to be located has been informed of the construction
of the solar system and has agreed to an interconnection.
[11]
Lighting. No solar system under this provision
shall be continually artificially lighted. Lighting shall be limited
to lights as needed by solar array personnel while present at the
site. Lighting to be arranged and angled to not spill onto adjacent
properties.
[12]
Access road. To the greatest extent possible,
existing roadways shall be used for access to the site and its improvements.
In the case of constructing any roadways necessary to access the solar
energy systems, they shall be constructed in a way that allows reasonable
access to all parts of the PVS and for the passage of emergency vehicles
in the event of an emergency. Roadways to and within the site shall
be constructed of gravel or other permeable surfacing and shall be
flush with the surrounding land contours.
[13]
Property operation and maintenance plan. The applicant
shall submit a property operation and maintenance plan to the Planning
Board as part of the special use permit application.
[14]
Decommissioning and removal plan.
[a]
The applicant shall submit a decommissioning and
removal plan (DRP) to the Planning Board. The DRP shall include specific
plans on how the owner plans to remove the obsolete or unused solar
panel arrays and accessory structures and return the property to a
state acceptable to the Town within a specific time period after the
cessation of operations. This plan shall be approved by the Planning
Board and prior to the granting of the special use permit. A site
restoration plan shall be included as part of any decommissioning
plan, to include, at a minimum, stockpiling of any topsoil removed
during construction, for use in site restoration, removal of all foundations,
decompacting and derocking all disturbed areas, and removal of any
roadways.
[b]
Failure to conform to the DRP in the time period
provided shall be a violation of this section and the cost to complete
the plan shall be placed as a lien on the property owner's tax bill.
[15]
Notice of decommissioning.
[a]
The applicant shall also submit to the Planning
Board a letter of intent committing the owner, and its successors-in-interest,
to notify the Building Inspector within 30 days of the discontinuance
of the use of the solar system. This letter of intent shall be filed
with the Office of Planning and Development prior to the issuance
of a building permit.
[b]
Should the solar system be nonoperational for a
continuous period of six months or greater, the owner shall submit
a letter to the Office of Planning and Development indicating when
it is expected to resume operations or whether the decommissioning
of the site, in accordance with the DRP, shall commence. If the owner
plans to continue operations, it shall have up to six months more
to begin operations. If operations do not commence within said six
months, decommissioning of the site, in accordance with the DRP, shall
immediately commence.
[c]
If the owner and/or operator fails to comply with
the decommissioning upon any abandonment of the solar energy system,
the Town may, at its discretion, utilize the restoration bond and/or
security for the removal of the solar energy system and restoration
of this site in accordance with the decommissioning plan.
[d]
Upon abandonment of the solar energy system, the
Town may notify and instruct the owner and/or operator of the solar
energy system to implement the decommissioning and removal plan. The
decommissioning and removal must be completed within 365 days of notification.
[16]
Reclamation payment. A reclamation fund, for a
term and in an amount to be determined during special use permit review,
shall be filed with the Town Clerk to cover the costs of reclamation
of the site. The amount shall be commensurate with the DRP submitted
by the applicant.
[17]
Public hearing. No action shall be taken by the
Planning Board to issue a special use permit for a solar system until
after public notice and public hearing.
[18]
Saturation. In considering whether to issue a
special use permit, the Planning Board shall consider the proximity
of similar large solar energy systems to the one being proposed. In
no event shall an LSES be placed within one mile of an existing LSES
in the Town of Manlius, without specific findings by the Planning
Board that such placement does not adversely affect the community
character of the surrounding properties.
(c)
In coordination with the Planning Board issuing a special use permit, the Planning Board shall review the site plan for the MSES or LSES pursuant to § 155-28 of the Code. The following submission requirements must be observed regarding a site plan application:
[1]
Completed application form as supplied by the Town
of Manlius for site plan approval for a solar system.
[2]
Proof of ownership of the premises involved or
proof that the applicant has written permission of the owner to make
such application and copies of all relevant agreements and documents
between the owner and the applicant have been turned over to the Planning
Board for its review.
[3]
Submit a stormwater management plan, certified
by a professional engineer that demonstrates stormwater runoff will
infiltrate into the ground beneath at a rate equal to that of the
infiltration rate prior to the placement of the system.
[4]
A plot plan and development plan drawn in sufficient
detail, as prepared by a licensed engineer or surveyor, clearly describing:
[a]
Property lines and physical dimensions of the proposed
site, including contours at five-foot intervals both before and after
construction.
[b]
Location, approximate dimensions and types of all
existing structures and uses on the site.
[c]
Location and elevation of the proposed solar system.
[d]
Blueprints or drawings of the proposed solar system
installation showing the proposed layout of the solar system.
[e]
Electrical diagram detailing the installation,
associated components, electrical interconnection methods with all
National Electrical Code compliant disconnects and overcurrent devices.
[f]
Documentation of the major system components to
be used, including PV panels, mounting system and inverter.
[g]
Location of all existing aboveground utility lines
and other on-site solar energy conversion systems within 1,200 linear
feet of the site.
[h]
Where applicable, the location of all transmission
facilities proposed for installation.
[i]
Location of all roads and other service structures
proposed as part of the installation.
[j]
Landscape plan showing all existing natural land
features, trees, forest cover, streams, wetlands and all proposed
changes to these features, including size and type of plant material.
[k]
Plan showing proposed changes to the site including
grading, clearing, lighting, screening and structures.
[l]
Soil type at construction site.
[5]
All applications shall be accompanied by a long
environmental assessment form, including a visual impact analysis.
The following additional material may be required by the Planning
Board:
[a]
Digital elevation model based project visibility
map showing the impact of topography upon visibility of the project
from any affected locations.
[6]
In addition to the above, no action shall be taken
to issue site plan approval until after public notice and public hearing
by the Planning Board and unless the Planning Board determines that
the proposed solar system complies with the following:
[a]
That the use is oriented in its location upon the
site, as to layout, coverage, screening, means of access and aesthetics,
so that:
[i]
The flow control and safety of traffic and human beings shall
not be adversely affected to an unreasonable degree.
[ii]
Fire Department and EMT services shall be given
notice of the site plan showing the proposed ingress and egress to
the facility and an opportunity to submit comments (either in writing
or in person) regarding the ability of the proposed ingress and egress
to accommodate emergency vehicles.
[iii]
There be reasonable compatibility on all respects
with any structure or use in the neighborhood, actual or permitted,
which may be directly substantially affected.
[iv]
There should not be any unreasonable detriment
to any existing structure in the neighborhood.
[b]
The Planning Board may, upon review and with due
consideration, waive one or more of the submission requirements imposed
herein. Relief from all other requirements must be made by way of
area or use variance from the Zoning Board of Appeals.
E.
Permitted zoning districts.
(1)
RMSs are permitted in all zoning districts as an accessory structure to any lawfully permitted principal use on the same parcel upon issuance of the proper permit pursuant to § 59-13 and upon compliance with all requirements of this section and as elsewhere specified in this section.
(2)
Small and medium GMSs are permitted on parcels larger than 40,000 square feet in all zoning districts as an accessory structure to any lawfully permitted principal use on the same parcel upon issuance of the proper permit pursuant to § 59-13 and upon compliance with all requirements of this section and as elsewhere specified in this section.
F.
Design and installation standards.
(1)
The solar photovoltaic energy system must be constructed to
comply with the New York State Uniform Fire Prevention and Building
Code, as amended, and any additional electrical and safety regulations
adopted by the State of New York.
(2)
All wiring must comply with the National Electrical Code, most
recent edition, as amended and adopted by the State of New York.
(a)
For GMSs, all exterior electrical lines must be buried below
the surface of the ground where possible or be placed in conduit or
in aluminum cable tray. Cable tray shall be covered wherever conductors
will be exposed to direct sunlight.
(3)
The solar energy system must be constructed to comply with the
most recent fire code as amended and adopted by the State of New York.
(4)
The solar energy system shall be properly maintained and be
kept free from hazards including, but not limited to, faulty wiring,
loose fastenings, or the creation of an unsafe condition or detriment
to public health, safety or general welfare.
G.
Signage and/or graphic content.
(1)
No signage or graphic content may be displayed on the solar
panels except the manufacturer's badge, the installer's name, safety
information and equipment specification information. Said information
shall be depicted within an area no more than 36 square inches in
size.
(2)
Disconnect and other emergency shutoff information will be clearly
displayed on a light reflective surface.
(3)
Systems and sites may not be used for displaying advertising
except for reasonable identification of the owner/operator and shall
comply with all signage restrictions.
H.
Inspection, safety and removal.
(1)
The Town of Manlius reserves the right to inspect a solar energy
system for building or fire code compliance and safety.
(2)
If upon inspection the Town of Manlius determines that a fire
code or building code violation exists, or that the system otherwise
poses a safety hazard to persons or property, the Town of Manlius
may order the owner of the land or the operator of the facility to
repair or remove the system, within a reasonable time. Such an order
shall be in writing, shall offer the option to repair, shall specify
the code violation or safety hazard found and shall notify the owner
of the land or the operator of the facility of their right to appeal
such determination.
(3)
If the owner of the land or the operator of the facility fails
to repair or remove a solar energy system as ordered, and all appeal
rights have been exhausted, the Town of Manlius may enter the property,
remove the system and charge the owner of the property or the operator
of the facility or both for all costs and expenses of removal, including
reasonable attorney's fees, or pursue other legal action to have the
system removed at the owner of the land or the operator of the facility's
expense.
(4)
In addition to any other available remedies, any unpaid costs
resulting from the Town of Manlius' removal of a vacated, abandoned
or decommissioned solar energy system shall constitute a lien upon
the property against which the costs were charged. Legal counsel of
the Town of Manlius shall institute appropriate action for the recovery
of such cost, plus attorney's fees, including but not limited to filing
of municipal claims pursuant to 53 P.S. § 7107 et seq. for
the cost of such work, 6% interest per annum, plus a penalty of 5%
of the amount due plus attorney's fees and costs incurred by the Town
of Manlius in connection with the removal work and the filing of the
Town of Manlius' claim.
I.
Severability. If any word, phrase, sentence, part, section, subsection
or other portion of this section or any application thereof to any
person or circumstance is declared void, unconstitutional, or invalid
for any reason, then such word, phrase, sentence, part, section, subsection
or other portion, or the proscribed application thereof, shall be
severable, and the remaining provisions of this section, and all applications
thereof, not having been declared void, unconstitutional, or invalid
shall remain in full force and effect.
J.
Conflict with other laws. Where this section differs or conflicts
with other laws, rules and regulations, unless the right to do so
is preempted or prohibited by the county, state, or federal government,
the more restrictive or protective of the Town and the public shall
apply.
All permitted uses requiring site plan approval
shall have prior site plan review before a building permit is issued
for the alteration or construction of any building or use of the premises.
The site plan and related drawings shall be submitted by the owner
to the Planning Board and shall be reviewed in accordance with the
following procedures and standards:
A.
Submission of site plan and supporting data. The owner
shall submit a site plan and supporting data which has been prepared
by an architect, landscape architect, engineer, land surveyor or planner
and shall include the following information presented in drawn form
and accompanied by a written text:
(1)
A properly certified survey of the property, showing
existing features of the property, including contours, buildings,
structures, pavement, trees over four inches in trunk diameter, streets,
utility easements, rights-of-way and land use.
(2)
The site plan showing proposed building locations
and land use areas.
(3)
Traffic circulation, parking and loading spaces and
pedestrian walks.
(4)
Landscaping plans, including site grading and landscape
design.
(5)
Preliminary architectural drawings for buildings delineated
to be constructed, including floor plans, exterior elevations and
sections.
(6)
Preliminary engineering plans, including street improvements,
drainage systems and public utility extensions.
(7)
Engineering feasibility studies of any anticipated
problems which might arise due to the proposed development as required
by the Planning Board.
(8)
The construction sequence and time schedule for completion
of each phase of buildings, parking spaces and landscaped areas.
(9)
A description of the proposed uses, including hours
of operation, number of employees, expected volume of business and
type and volume of traffic expected to be generated.
(10)
An environment assessment form.
(12)
An agricultural data statement when the property
that is the subject of the site plan review is within an agricultural
district (as provided for in Article 25-AA of the Agriculture and
Markets Law [2]) and contains a farm operation or the property is within
500 feet of a farm operation located within an agricultural district.
[Added 6-23-1993 by Ord. No. 5-1993]
[2]
Editor's Note: See §§ 300 through
309 of the Agriculture and Markets Law.
(13)
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Chapter 126 of this Code shall be required for site plan approval. The SWPPP shall meet the performance and design criteria and standards in Chapter 126 of this Code. The approved site plan shall be consistent with the provisions of Chapter 126.
[Added 9-26-2007 by L.L. No. 2-2007]
B.
Site plan approval.
(1)
The Planning Board shall review the site plan and
supporting data and before, during and after a public hearing shall
take into consideration the following considerations:
(a)
The harmonious relationship between proposed
uses and existing adjacent uses.
(b)
The maximum safety of vehicular circulation
between the site and the street network.
(c)
The maximum adequacy of interior circulation, parking and loading facilities, with particular attention to vehicular and pedestrian safety, as provided in § 155-31.
(d)
Adequacy of landscaping, buffering and setbacks
in regard to achieving maximum compatibility and protection to adjacent
residential districts.
(e)
The minimization of adverse environmental impact.
(f)
The minimization of adverse effects on the welfare
of the residents of the Town of Manlius.
(2)
When an agricultural data statement is submitted,
the possible impacts of the proposed site plan upon the functioning
of farm operations within the agricultural district shall be reviewed
in accordance with the Town Law.
[Added 6-23-1993 by Ord. No. 5-1993]
(3)
Should changes or additional facilities be required
by the Planning Board, final approval of the site plan shall be conditional
upon the satisfactory compliance by the owner to the changes or additions.
(4)
An engineering fee of $100 per acre will be assessed
for design review and inspection.
[Added 12-13-2000 by Ord. No. 5-2000]
C.
Building permit. Building permits for such uses shall
be issued only in accordance with an approved site plan which shall
be transmitted by the Planning Board to the Codes Enforcement Officer.
D.
Changes. An owner wishing to make changes in an approved
site plan shall submit a revised site plan to the Planning Board for
review and approval before making application for a building permit.
A.
All permitted accessory uses requiring an accessory
use permit from the Town Planning Board shall have site plan review
and recommendation before such use shall be permitted. A public hearing
shall be at the discretion of the Planning Board. The application
shall be submitted by the owner of the subject property to the Planning
Board and shall be reviewed in accordance with the following procedures
and standards. If a public hearing is held, the costs of providing
public notice shall be borne by the applicant.
B.
Submission of the application. The owner shall submit
an application in a form directed by the Town Planning Board and an
accompanying drawing of the location of the desired accessory structure
and description of such use. An application fee shall accompany the
application, such fee [1] to be determined from time to time by the Town Board.
[1]
Editor's Note: A fee schedule is on file at
the office of the Town Clerk.
C.
Review of said application. The Planning Board shall
review the application and supporting data and shall take into consideration
the following factors and limitations:
[Amended 12-13-2000 by Ord. No. 5-2000]
(1)
The practical difficulties encountered by the applicant
if the application is denied.
(2)
Alternatives to the proposed accessory use which would
have less impact on the neighborhood.
(3)
Environmental and aesthetic impacts.
(4)
Safety and traffic impacts.
(5)
Compatibility of the proposed accessory use with the
other uses in the neighborhood.
(6)
An accessory use may not exceed 25% of the total floor
area of a residence, or 500 square feet, whichever is less, except
that in the R-M Zone, this restriction shall not apply.
[Amended 11-9-2011 by L.L. No. 2-2011]
[Added 5-26-1993 by Ord. No. 4-1993]
A.
The purpose of this section is to regulate and control
the modification of the topography of the land by excavating, grading,
filling or similar activities. The Town of Manlius finds that the
uncontrolled modification of existing topography has resulted in the
destruction of the natural ground cover, air pollution, soil erosion,
stream and pond sedimentation and alteration and disruption of natural
drainageways and has adversely affected the health, safety and general
welfare of the inhabitants of the Town.
B.
This section shall apply to all real property in the
Town, outside the Villages of Fayetteville, Manlius and Minoa. A permit
as described in this section is required wherever it is proposed to
modify the topography of such real property in any one of the following
ways:
C.
This section shall not apply to land:
D.
It shall be unlawful for any person to modify existing topography as provided in Subsection B without first obtaining a valid permit from the Codes Enforcement Officer. An applicant for a permit must submit an application to the Codes Enforcement Officer that meets the requirements of Subsection E. If the application is incomplete, the Codes Enforcement Officer shall return it to the applicant, specifying the manner in which it is incomplete. Upon receipt of a complete application, the Codes Enforcement Officer shall refer the application to the Planning Board. The Planning Board may refer such application to the Town of Manlius Environmental Council and the Town Engineer for their recommendations. In its discretion, it may schedule a public hearing on the matter. The Planning Board may grant the permit, grant the permit with modifications or conditions, or it may deny the permit.
E.
The application shall include maps, plans and a narrative
presenting all of the necessary information for a determination, as
follows:
(1)
A site location survey showing site, property lines,
general topography and area drainage.
(2)
A map of the area to be modified showing original
and final contours at two-foot intervals, direction of drainage flow
and appropriate information on adjacent properties as they affect
or are affected by the applicant's site.
(3)
Erosion runoff and siltation control in accordance
with New York State Guidelines for Urban Erosion and Sediment Control.
(4)
Dust, mud and debris control on public highways.
(5)
Hours of operation and duration of proposed work,
including a specific completion date.
(6)
Screening for surrounding areas, if required.
(7)
Reclamation, including suitable replacement of ground
cover, topsoil and seeding, erosion and runoff control.
(8)
An environmental assessment form or environmental
impact statement, as appropriate.
(9)
An agreement executed by all owners of record, in
recordable form if required, giving a right of entry to agents of
the Town. Failure to perform in accordance with the requirements of
this chapter and the conditions of the permit may result in revocation
of the permit and completion of the required reclamation by the Town.
Should the Town complete the reclamation upon the permittee's failure
to do so, such work shall be completed at the sole cost of the permittee.
(11)
Stormwater pollution prevention plan. A stormwater pollution prevention plan consistent with the requirements of Chapter 126 of this Code shall be required for issuance of a permit. The SWPPP shall meet the performance and design criteria and standards in Chapter 126 of this Code. The approved site conditions shall be consistent with the provisions of Chapter 126.
[Added 9-26-2007 by L.L. No. 2-2007]
F.
The property owner shall deposit with the Town Clerk
a minimum of $1,000 per acre or fraction thereof of land to be disturbed
or such greater amount as the Town Planning Board shall specify for
a particular project to insure that the reclamation is completed as
required. The amount to be deposited shall be in the form of cash,
cash equivalent, letter of credit or performance bond, which must
be approved as to form and sufficiency of surety by the Town Attorney.
Upon failure of the property owner to complete the reclamation as
specified in the permit within the time set forth therein, the Town
of Manlius and/or its agents may enter upon said premises and complete
the reclamation. The cost of said work shall be drawn from the security
on deposit with the Town Clerk. Any security remaining on deposit
with the Town Clerk after completion of said work shall be returned
to the owner. Any excess charges incurred by the Town over and above
the security on deposit shall be paid by the property owner and shall
be a lien on said property until paid.
G.
Any activity undertaken by a property owner subject
to this chapter without a permit shall be subject to a stop-work order
by the Town. Any reclamation necessary to bring such illegal modifications
of the topography into conformance with this chapter will be promptly
accomplished by the owner. Should the owner fail to bring the property
into compliance within 30 days of issuance of the stop-work order,
the Town may undertake and complete such reclamation. The cost of
such work shall be paid by the owner and will be a lien on his property
until paid.
H.
A proposed modification of the topography may require
the acquisition of other permits or approvals, such as those required
for lands in flood hazard zones [2] or in or near wetlands administered by the New York State
Department of Environmental Conservation and the Army Corps of Engineers,
for instance. Receipt of a permit pursuant to this section does not
preclude the necessity of obtaining any other permits required for
the proposed activity.
I.
Any property owner violating any of the provisions
of this section shall be subject to the penalties specified in § 155-52A,
and each seven-day period of continued violation shall constitute
a separate violation thereunder.
A.
The purpose of this section is to set forth minimum
off-street parking requirements for different permitted land uses.
Off-street automobile and vehicular storage or parking space shall
be provided as specified herein.
B.
Dimensions of parking spaces. Each individual parking
space shall have a minimum width of 10 feet and a minimum length of
20 feet. Parking spaces shall be designed and arranged to provide
free and unimpaired ingress and egress thereto and therefrom.
C.
Required parking spaces. The following number of parking
spaces shall be maintained for each of the uses specified below:
(1)
Retail stores. For retail stores, parking shall be
provided for all vehicles used in the business, plus one parking space
for each 100 square feet of total floor area for the first 5,000 square
feet and one parking space for each 200 square feet of total floor
area over 5,000 square feet.
(2)
Personal service establishments. Beauty shops, barbershops,
shoe repair shops and similar personal service establishments shall
provide one parking space for each 200 square feet of total floor
area.
(3)
Offices. For offices, one parking space shall be provided
for each 300 square feet of total floor area.
(4)
Restaurants and other eating establishments. For restaurants
and other eating establishments, one parking space shall be provided
for each five seats, except that where customers are served in their
cars, parking shall be provided sufficient to accommodate the projected
number of customers during the periods of highest use.
(5)
Industrial. For industrial uses, one parking space
shall be provided for each two employees on the maximum working shift,
and one parking space shall be provided for each vehicle used in the
operation of the business.
(6)
Hotels and motels. For hotels and motels, one parking
space shall be provided for each sleeping unit.
(7)
Shopping center. For shopping centers, one parking
space shall be provided for each 200 square feet of floor space.
D.
Loading space. In addition to the off-street parking
spaces required above, there shall be provided adequate off-street
space for loading and unloading vehicles regularly used in the operation
of any commercial or industrial establishment. Loading spaces shall
be designed and maintained so as not to interfere with the free flow
of traffic on any public street.
E.
Common parking facilities. When any land or building
is used for two or more purposes, the number of parking spaces shall
be the sum of the requirements for the various individual uses. Common
parking facilities may be cooperatively established and operated to
serve two or more uses of the same or different type, provided that
the number of spaces provided shall not be less than the sum of the
individual requirements.
F.
Location of parking and loading facilities. All parking
and loading spaces shall be located on the same lot with the building
or use that is to be served by the parking facilities.
All actions, as defined in the State Environmental
Quality Review Act, [1] shall be made hereunder only after all requirements of
the State Environmental Quality Review Act have been completed, as
such requirements are amplified in 6 NYCRR 617 or the equivalent or
successor regulations.
[1]
Editor's Note: See Article 8 of the Environmental
Conservation Law.
