Town of East Greenbush, NY Article III Town-Wide Standards

§ 57-29 Off-street parking and loading.

A. Intent. It is the intent of the Town of East Greenbush to ensure adequate parking is available, yet at the same time take steps to reduce the amount of impervious asphalt surface created by overly large or redundant parking areas. To this end, the Town has identified alternatives to permit smaller, more efficient parking layouts and pervious parking surfaces.

B. In all districts, at the time any new building or structure is erected, existing building enlarged or changed in use, off-street parking and loading space shall be provided in accordance with the minimum standards set forth below.[1]

[1] Editor's Note: Table III-A, Off-Street Parking and Loading Dock Standards, which followed this subsection, is now located as an attachment to this chapter.

C. General parking provisions.

(1) Shared parking. In the case of a mixture of uses on nearby or adjacent parcels, the requirements for off-street parking spaces may be reduced with Planning Board approval if it can be established by the applicant that staggered hours of use would permit the adjacent lots to share some of the parking demand. The Planning Board may optionally request such shared parking arrangements be provided if it would reduce the number of parking spaces while serving multiple uses.

(2) Adaptive reuse. The Planning Board may require that redevelopment projects which include preexisting parking areas which are larger than that required for the newly-proposed use are required to redesign the lot to meet current parking and landscaping standards and remove additional parking areas or asphalt which is no longer needed. The areas of asphalt removal should be reclaimed as landscaped islands, medians or perimeter buffers.

D. Parking area reductions and enlargements.

(1) Parking areas smaller than the required minimum:

(a) Voluntary reductions. Any applicant proceeding with site plan review may request that the minimum number of required off-street parking spaces be reduced for their project if they can demonstrate to the Planning Board that their business would not actually warrant the minimum amount required during normal operations, or that other opportunities, such as shared parking, would account for the difference.

(b) Off-site employees. Parking requirements may be reduced by Planning Board review if it can be demonstrated that a sufficient number of employees would be carpooling, traveling, working from home or otherwise away from the office during a typical work week.

(c) On-street parking. For development on parcels which abut or are adjacent to on-street parking, some of the required parking spaces may be eliminated with Planning Board approval if it can be demonstrated that the on-street parking will reasonably account for the reduction.

(2) Parking areas larger than the required maximum. Parking areas which are larger than the required maximum are permitted only with Planning Board approval provided that any additional parking spaces above the maximum are provided through one or more of the following methods:

(a) Pervious parking surfaces. Additional parking spaces above the maximum may be provided by pervious paving surfaces in lieu of traditional asphalt.

(b) Structured parking. Spaces provided within the footprint area of a structure such as a building, including rooftop, at-grade, or below-grade spaces. If such parking spaces are part of a multifloor parking garage or deck structure only, then all but the topmost level shall still be counted against the maximum number of spaces.

(c) Banked parking. Additional parking spaces above the maximum may be permitted as banked parking with Planning Board approval.

(d) Public parking. Additional parking spaces above the maximum may be provided with Planning Board approval provided they are designed and designated with signage as specifically available for use by the general public as a shared parking area for adjacent or nearby properties or a park-and-ride system. Such public parking area must be no less than eight spaces, and must be made accessible to adjacent or nearby properties via a direct connection with sidewalks, crosswalks or other pedestrian access paths as approved by the Planning Board.

[1] Seasonal or peak overflow. Development projects which expect to experience their highest parking demands only at select times of the year, such as special events or holiday shopping peaks, may be required by the Planning Board to provide some or all of this additional parking as separate shared public parking as outlined above.

E. Exceptions to maximum parking requirements. The following shall not count towards the maximum number of allowable spaces required by this section:

(1) Parking spaces and their associated travel lanes constructed of pervious parking surfacing as approved by the Planning Board.

(2) Structured parking. Spaces provided within the footprint of a structure, including rooftop, at-grade, or below-grade spaces.

(3) Public parking. Spaces provided and designated with signage as specifically available for use by the general public as a shared parking area for adjacent or nearby properties. Such nearby properties must be made accessible via a direct connection with sidewalks, crosswalks or other pedestrian access paths as approved by the Planning Board.

(4) Carpool, vanpool and car-share parking. Spaces dedicated for vehicles participating in a carpool, vanpool, or car-share program. Such spaces shall be reserved for such use and be signed or marked accordingly.

Table III-B: Design Standards for Off-Street Parking Spaces
Parking Dimensional Standards
Angle of Parking Space	Length of Parking Space	Width of Parking Space (feet)	Depth from Curb (feet)	Curb Length of Parking Space	Minimum Travel Aisle Width (feet)
Parallel to curb	22 feet	9	9	22 feet	12
45°	20 feet 6 inches	9	16	12 feet 9 inches	15
60°	21 feet 6 inches	9	19	10 feet 5 inches	18
90°	18 feet	9	18	9 feet	24

F. Parking areas in residential districts.

(1) No open or enclosed parking areas shall encroach on any required yard or required open areas, except where specifically allowed by district. The garaging, storage, or parking of more than one light commercial vehicle on any premises within any residential district is prohibited, or the garaging, storage, or parking of any heavy commercial vehicle within any residential district is prohibited except for farm vehicles used in the farm operations as defined in New York State Agriculture and Markets Law Article 25AA, § 301.

Table III-C: Parking Area Minimum Setbacks
Land Use/District	Front Yard (feet)	Side Yard (feet)	Rear Yard (feet)	Note
1- and 2-family residential	5	5	5	Note 1
3+ multifamily residential	10	10	10
Business/industrial	Not permitted within front yard, required open areas or 15 feet from a public right-of-way	5	5	Note 2
NOTES:
Note 1: The Code Enforcement Official may allow the distance to be reduced up to a minimum of one foot provided proper drainage can be provided.
Note 2: Except that if abutting a residential district, a minimum of 15 feet setback from the property line shall be maintained

(2) All dead-end parking aisles shall be extended at least five feet beyond the last parking space to permit convenient egress from such parking spaces.

G. Access to parking areas.

(1) Unobstructed and direct accessway between a street and a parking area shall be provided with roadways or driveways which cross front yards approximately perpendicular to street lines.

(a) One curb cut/driveway at least eight feet wide, but no larger than 20 feet wide, for parking areas with five spaces or less;

(b) One curb cut/driveway at least 10 feet wide, but no larger than 22 feet wide, for parking areas having six or more spaces;

(c) Additional curb cuts/driveways may be granted only with approval by the Planning Board provided the applicant can show recent traffic data and alternate circulation patterns that would warrant it;

(d) Curb cut radii should be no larger than 10 feet unless specifically required for truck access.

(2) All parking areas, aisles, access roads and driveways shall be designed in regular or rectangular shapes which are efficiently compact so as to minimize the amount of impervious paved surface area created by the overall layout. Parking areas which create unnecessarily awkward or unused areas of pavement by following irregular lot boundaries are discouraged.

(3) All parking areas shall be suitably drained. Appropriate signage, surfacing, curbing, drainage and other features shall comply with standards established by the Town and shall be reviewed by the Planning Board during site plan review in accordance with this chapter.

(4) With the exception of driveways for one- or two-family residences located on local streets, all off-street parking areas shall be designed to eliminate the need to back out onto the public road or highway.

H. Accessible parking. Parking spaces for disabled persons shall comply with current the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. Parking access aisles shall be part of an accessible route to the building or facility entrance. Accessible parking spaces shall be designated as reserved for the disabled by a sign showing the symbol of accessibility in addition to painting/striping identification.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

I. Parking lot landscaping. All parking areas shall conform to the following landscape standards.

(1) Perimeter landscaping. A minimum perimeter landscape buffer strip of 15 feet shall be provided for any parking area abutting a public right-of-way. This requirement does not apply to areas within required driveway or other access points.

(a) The parking lot perimeter landscape buffer shall consist of planting materials and structural features to create a minimum three-foot high visual relief screen in the form of a hedge, fence, planter box, berm, dividers, shrubbery, trees, or a combination thereof, or as deemed appropriate by the Planning Board.

(b) The Planning Board encourages, and may require, any existing trees to remain and be incorporated into the parking lot design which would count towards the landscape requirements of this section.

(c) If 30 or more consecutive spaces are proposed along a perimeter edge, a landscape perimeter island shall be provided in a central location and every 20 spaces thereafter. The landscape island shall be a minimum of two parking spaces in width and equal to the length of the proposed spaces. (For example, if 30 nine feet by 18 feet spaces are proposed, an island shall be provided at approximately 15 spaces that is 18 feet by 18 feet. If 40 spaces are proposed, an island shall be provided at approximately 20 spaces. If 60 spaces are proposed, two islands shall be provided approximately 20 spaces apart.)

(2) Internal landscaping. Internal parking lot landscaping shall consist of a minimum of 5% of the total parking area. Landscaped perimeter islands may be counted towards the 5% requirement, landscaping provided for the perimeter buffer strip does not.

(a) Landscaped areas shall be a minimum of 600 square feet and shall not be less than 18 feet in width.

(b) Landscaped areas shall be covered with trees, shrubs, or ground cover, to cover the ground within three years, so that not more than 50% of any landscaped area is covered by lawn.

(c) Trees shall be provided in the landscaped area at a minimum of one tree for every 200 square feet.

(3) Design and layout considerations. The following should be considered in layout of parking areas:

(a) Shading spaces/sun aspect. Sun aspect and angle shall be considered in the layout of parking areas and tree selections so that the maximum number of spaces are provided with shade.

(b) Snow storage/removal. Areas for snow storage shall be indicated on the submitted site plan and/or landscape plan. These areas should be provided in such a way as to minimize damage to proposed vegetation. Snow storage space should be located on proposed pavement or perimeter landscaped areas, rather than internal landscaped areas. If internal landscaped areas are proposed to be used for snow storage, vegetation shall be selected and located in order to avoid damage.

(c) Recommended layout options.

[1] Option 1. For smaller parking lots, islands may be located on either end of a parking aisle. The smallest islands permitted are those that are 18 feet wide and the length of adjacent parking stalls (approximately 36 feet).

[2] Option 2. For medium sized parking lots with aisles that are more than 10 spaces in length, a larger island shall be included that is approximately four spaces in size (36 feet by 36 feet for nine feet by 18 feet parking spaces).

[3] Option 3. For large parking lots with multiple aisles proposed, one or more aisles should include pedestrian walkways through proposed parking and landscaped areas. This option should be used in front of buildings such that the pedestrian walkway aligns with the building entrance.

(4) Required screening. Open off-street parking or loading areas shall be screened from adjoining residential lots by walls, fences, evergreen trees, or evergreen hedges. This visual buffer shall be of sufficient height to prevent the viewing of parked vehicles from any point along the minimum side or rear yard setback lines of such adjoining residential lots.

J. Required off-street loading. Off-street loading which is designed logically, conveniently located for bulk pickups and deliveries, scaled to delivery vehicles anticipated, and accessible to said vehicles when required off-street parking spaces are filled, shall be considered for all commercial and light industrial uses and provided as deemed necessary by the Planning Board during site plan review in accordance with this chapter.

(1) Access to loading berths. Accessways, at least 10 feet in width, shall connect all loading berths or areas to a street. Such accessways may be coincidental with access roadways or driveways to parking areas.

(2) Required loading areas. All off-street loading areas shall be located on the same lot as the use for which they are permitted or required. Each required loading berth may be open or enclosed and shall have the following minimum dimensions: 35 feet long, 12 feet wide, 14 feet high. Open off-street loading areas shall not encroach on any required front or side yard, off-street parking area, or accessway.

§ 57-30 Landscaping.

Note: See § 57-29 for landscaping regulations pertaining to parking lots.

A. Landscaping requirements for commercial, industrial, and business districts.

(1) Applicability and approvals.

(a) The following minimum landscape requirements are applicable to development in commercial, industrial, and business district, in particular the PPB, PDD, B-1, B-2, O, OC, OI, and CI Districts. These requirements pertain to the minimum area of greenspace, and the types of required on-site landscaping for the site.

(b) Except for single- and two-family dwellings, prior to the issuance of any building permit, a plot and planting plan shall be submitted to and be approved by the Planning Board as described in § 57-72, Site plan review and approval procedure. No building permit in cases of greenspace reduction shall be issued unless the plot plan has been reviewed and certified by the Planning Board as complying with the provisions of this section.

(c) All landscaping shall be installed in accordance with the plot plan as finally approved prior to issuance of a certificate of occupancy and shall be installed in accordance with accepted landscape practices within the area. In instances where conditions do not permit immediate planting, the applicant may be required to post a performance bond, or in lieu thereof, sufficient monies as described in site plan review and approval procedure.

(d) A minimum of 25% of the developable area shall remain as greenspace. Greenspace is herein defined as areas free from built structures, parking lots, loading areas, covered by vegetation meeting the landscape requirements set out in this section.

(e) The greenspace required under this section may not be made up of wetlands, streams, or slopes in excess of 15% unless their function and aesthetic quality is to be enhanced through design and planting efforts. Approval of said enhancements is to be left to the discretion of the Planning Board.

(f) Buffers shall employ existing vegetation, nursery stock, fences, walls, earth berms or grade changes in accordance with these minimum standards.

B. General landscape design and site standards.

(1) The greenspace shall be covered by the following:

(a) Native vegetation; or

(b) Trees, shrubbery, nursery plants with appropriate mulch; or

(c) Any combination of the above.

(d) Sod, lawn, or other variety of ground cover in combination with any of the above.[1]

[1] Editor's Note: Table III-D, Perimeter Landscaping Schedule, which followed this subsection, is now located as an attachment to this chapter.

(2) Internal landscaping, defined as landscaping that is not proposed to meet buffer or frontage requirements, shall be a minimum of 5% for all nonresidential uses and shall meet the following requirements:

(a) A minimum of one tree for every 500 square feet of the required minimum internal landscaping shall be provided.

(b) A minimum of 50% of the required internal landscaped area shall be covered by plant materials other than lawn such as trees, shrubs, and perennial/annual beds.

(3) Vegetation used in parking areas should be salt-tolerant and drought-resistant.[2]

[2] Editor's Note: Original Sec. 3.2.2.D, regarding shrubbery and trees, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I). See now § 57-30D.

(4) The following plant sizes are the minimum required at time of installation. However, the Planning Board may require larger material to address particular site issues.

(a) Deciduous shrubs: 24 inches spread or height or three-gallon container.

(b) Evergreen shrubs: 18 inches spread or height or three-gallon container.

(c) Coniferous trees: six feet height.

(d) Ornamental and understory trees: 1.25 inches caliper.

(e) Deciduous shade trees: 2.5 inches caliper.

(f) Ground cover: 2.5 inches pot (or similar size if not provided in pots).

C. Landscape design and site standards by type.

(1) Type I.

(a) Purpose. Type I landscaping is intended to provide a very dense sight barrier to significantly separate uses and land use districts.

(b) Description:

[1] Two rows of evergreen trees a minimum of six feet in height and planted at intervals of no greater than 20 feet on center. The trees must be backed by a sight obscuring fence, a minimum of five feet or higher or the required width of the planting area must be increased by 10 feet; and

[2] Shrubs a minimum of 3 1/2 feet in heights planted in an area a strip at least five feet in width, and other plant materials, planted so that the ground will be covered within three years.

[3] Alternatively, the trees and shrubs may be planted on an earthen berm at least 15 feet in width and an average of five feet along its midline.

[4] Existing vegetation may count toward these requirements at the discretion of the Planning Board.

(2) Type II.

(a) Purpose. Type II landscaping is intended to create a visual separation between uses and land use districts.

(b) Description:

[1] Evergreen and deciduous trees, with no more than 30% being deciduous, a minimum of six feet in height, and planted at intervals no greater than 20 feet on center; and

[2] Shrubs, a minimum of 3 1/2 feet in height and other plant materials, planted so that the ground will be covered within three years.

[3] Existing vegetation may count toward these requirements at the discretion of the Planning Board.

(3) Type III.

(a) Purpose. Type III landscaping is intended to provide visual separation of compatible uses so as to soften the appearance of streets, parking areas, and building elevation.

(b) Description:

[1] Evergreen and deciduous trees, with no more than 50% being evergreen, a minimum of six feet in height, and planted at intervals no greater than 30 feet on center; and

[2] If planted to buffer a building elevation, shrubs, a minimum of 3 1/2 feet in height, and living ground cover planted so that the ground will be covered within three years, or a combination of shrubs and lawn is required; or

[3] If planted to buffer a parking area, access, or site development other than a building, any of the following alternatives may be used unless otherwise noted:

[a] Shrubs, a minimum of 3 1/2 feet in height and living ground cover must be planted so that the ground will be covered within three years.

[b] Earth mounding, an average of 3 1/2 feet in height, planted with shrubs or living ground cover so that the ground will be covered within three years, or planted with a combination of shrubs and lawn.

(4) Type IV.

(a) Purpose. Type IV landscaping is intended to provide visual relief as well as visual interest along roadways and other public rights-of-way.

(b) Description. Proposed landscaping along public streets shall include a mix of evergreens, deciduous trees and shrubs, lawn areas and perennial/annual beds meeting the following minimum standards:

[1] There shall be a minimum of one shade tree per 30 linear feet of frontage.

[2] There shall be a minimum of one shrub per five linear feet of frontage.

[3] Required trees and shrubs may be located and organized in a fashion most appropriate to the site, as approved by the Planning Board during site plan review.

D. Shrubbery and trees shall not obstruct motorists' sight, especially at intersections of driveways and roads. Plant materials will not exceed 3 1/2 feet in height. Trees are permitted if the trunk is free of branches below six feet in height.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

E. Maintenance assurance. All required plantings shall be permanently maintained in good growing condition and, whenever necessary, replaced with new plant materials to ensure continued compliance with applicable these landscaping requirements. All required fences and walls shall be permanently maintained in good condition and, whenever necessary, repaired or replaced.

F. Alternative landscaping option.

(1) The applicant may request a modification of the landscaping requirements set forth in this section.

(2) The Planning Board may approve a modification of the landscaping requirements of this chapter only if:

(a) The proposed landscaping represents a superior result than that which could be achieved by strictly following the requirements of this section; and

(b) The proposed landscaping complies with the stated purpose and intent of the appropriate required level of landscaping; and

(c) The proposed landscaping either:

[1] Incorporates the increased retention of significant trees and naturally occurring undergrowth; or

[2] Better accommodates or improves the existing physical conditions of the subject property.

(3) The applicant must present a landscape plan following the landscaping requirements along with the proposed modified landscape plan to show the differences and superiority of the proposed modified landscape plan.

G. Exterior lighting standards.

(1) Gasoline service station lighting must be achieved by fully recessed, shielded fixtures which emit light downward onto the pumping area only, so that the light source itself is not directly visible when observed from the public way or adjacent parcels, and produces no discomforting glare. Alternately, the underside of arched, vaulted or otherwise concave canopies may be indirectly illuminated by means of "up-lighting" from fixtures mounted on the canopy supports, providing a general illumination to the pumping area by means of diffused reflection.

(2) All exterior lighting used for signs, walkways, parking lots, security and facade lighting should be full cutoff or recessed fixtures which project light downward only, with no exposed bulbs readily visible from the public way or adjacent parcels. The light from these fixtures should not spill over into adjacent properties, and provide only as much light as needed to illuminate the target surfaces.

(3) Parking and security lighting must not exceed 18 feet in height.

(4) Facade lighting must be shielded and mounted so as to only distribute light directly up or down along the plane of the facade.

(5) Landscape lighting may be directed upwards with reviewing board approval only provided that the fixtures are fully shielded and no bare bulbs are readily visible from the public way. Landscape lighting should not exceed three feet in height.

(6) Internally lit and translucent canopies or awnings are prohibited.

(7) Metal halide, incandescent or fluorescent lamps are recommended for typical exterior uses. Mercury vapor, low pressure sodium, high pressure sodium or neon can be used with reviewing board approval only. Laser lights, moving, pulsing or flashing lights are prohibited.

§ 57-31 Signs.

A. Intent. The intent of this section is to promote and protect the public health, safety, and welfare by regulating the erection, construction, repair, structural alteration and maintenance of existing and proposed outdoor advertising, outdoor advertising signs, window signs for outdoor viewing and outdoor signs of all types within the Town of East Greenbush. It is intended to protect property values, create a more attractive economic and business climate, and enhance and protect the physical appearance of the community. It is further intended to reduce distractions and obstructions which may contribute to traffic accidents, reduce hazards caused by signs overhanging or projecting over public right-of-way, provide more open space, and curb the deterioration of natural beauty and community environment.

B. Authority.

(1) Preexisting conforming signs. Preexisting signs which were in conformance with the previous Town sign regulations before the date of adoption of this chapter may remain as-is, and are not required to be modified or removed to be in conformance with this chapter.

(2) Preexisting nonconforming signs. Preexisting signs which were not in conformance with the previous Town sign regulations at the date of adoption of this chapter shall be considered nonconforming, and must be modified or removed to be in compliance with this section within 90 days of written notice by the Town.

(3) Nonconforming signs. Any sign or accessory signs such as banners, flags, balloons or similar devices which are placed on display after the effective date of this section that do not meet the requirements of this section due to design or lack of maintenance are considered nonconforming and must be modified or removed to be in compliance with this section within 90 days of written notice by the Town.

(4) Modifications to signs. Any preexisting sign which is modified, changed in name or business use, enlarged, reconstructed, extended, moved or structurally altered after the effective date of this chapter are required to be brought into compliance with all applicable provisions of this section.

(5) New signs. No sign or other device shall be erected, established, constructed, reconstructed, enlarged, extended, moved, or structurally altered after the effective date of this section without application for and issuance of a permit, except as otherwise provided for herein, and must be in compliance with all applicable provisions of this section.

(6) Noncommercial signs or messages are permitted to be substituted for any sign expressly allowed under the time, place and manner of these regulations.

C. Permitted signs. Within business and industrial districts or on a permitted commercial site, no sign shall be permitted except as specified within this section.

(1) Facade-mounted signs.

(a) Channel lettering or wall signs. Each commercial use is permitted one instance of applied channel lettering or a surface-mounted wall sign for each street frontage on a public road.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

[1] Commercial properties located at corner intersections are permitted one additional instance of applied channel lettering or surface-mounted wall sign for the second facade facing a public road or right-of-way.

[2] The total cumulative area of all signs permitted on such lot, excluding on-site directional signs, shall be calculated at the rate of one square foot of sign area per lineal foot of building front.

[a] In the B-2 District, a total sign area of at least 32 square feet shall be permitted for any use regardless of building frontage.

[b] In the PPB District where 16 square feet shall be the maximum such total sign area.

[c] In all other commercial districts, where the maximum shall be 24 square feet.

[3] Surface applied channel lettering which is framed by or integrated into the architectural features of the facade is preferred to wall signs and should be utilized whenever appropriate.

[a] New commercial construction is required to design the front facade specifically to accommodate an area or areas for applied channel lettering or surface-mounted wall signs. The applied channel lettering or wall sign should be framed by the architecture of the facade.

(b) Projecting sign. Businesses are permitted one projecting sign (hung perpendicular to the building facade) in lieu of any facade-mounted channel lettering or wall sign. Businesses with a preexisting projecting sign in place at the date of adoption of this section are permitted to maintain a projecting sign in addition to any other permitted signs. Projecting signs shall be no larger than five square feet per side, with a minimum clearance of eight feet below.

[1] No projecting sign shall extend a distance of more than four feet over a sidewalk or other public right-of-way and in no event shall extend more than six feet from the face of the building to which it is attached.

(c) Plaque sign. In addition to any other permitted sign, businesses are permitted one surface-mounted plaque sign per tenant which is no larger than one square feet in area, located near the primary building entry. An additional one square feet of plaque sign may be permitted to accommodate street address information and/or official building name. Individual plaque signs should be designed in matching style, though no more than three tenant plaque signs are permitted at a given entryway.

(d) Directory sign. In lieu of a plaque sign, businesses are permitted a single surface-mounted directory sign for listing four or more tenants, located near the common building entry. Such directory must not exceed six square feet in area, although an additional one square feet may be permitted to accommodate street address information and/or official building name.

(e) Window and door sign. In lieu of a facade-mounted sign, businesses are permitted a window sign or signs provided the total area of all window signs does not exceed 15% of the total window area of that facade. Temporary or permanent posters, notices, advertisements (not including hours of operation, street address and similar information) shall be counted toward the total amount of window sign area.

(f) Window lettering. Businesses are permitted to use permanent painted, sandblasted or otherwise affixed window lettering in addition to any other permitted signs with color approval from the Planning Board. Maximum lettering sizes shall not exceed eight inches in height.

(g) Street number. All properties are required to display their street number on the front facade next to or above the primary entry, or in a reasonably obvious location. Street numbers should be between six inches and 10 inches tall, and should contrast well with their background to be legible.

(2) Monument/freestanding signs.

(a) Within the B-2 District:

[1] Where groups of four or more stores are located together in a planned shopping center, or where a lesser number of stores total not less than 20,000 square feet of gross leasable area, one common freestanding sign shall be permitted, consisting of the official name, street address and optional slogan of the development only. The name of the individual businesses or other information is not permitted. Such signs shall not obstruct views or contain panels between the heights of four feet and eight feet above grade. All other signs shall be attached to buildings, of a wall, projecting or soffit-type, and coordinated, as practicable, to material, shape, lettering color and/or decorative elements. The total cumulative area of all signs permitted on such lot, including freestanding signs but excluding on-site directional signs, shall be calculated at the rate of one square foot of sign area per lineal foot of building front.

[2] No freestanding sign shall be more than 64 square feet per side.

[3] No freestanding sign shall be more than 25 feet in height above finished grade, except within the PPB District where 15 feet shall be the maximum height. Such height shall be measured vertically from the established average grade directly below the sign or at the entry level of the building or structure, whichever is lower, to the elevation of the highest point of the sign, including supporting structures.

[4] No freestanding sign shall extend over or into the public right-of-way or shall it overhang property lines.

[5] Freestanding signs under which a pedestrian walkway or driveway passes must have minimum ten-foot vertical clearance.

[6] Masonry wall-type signs shall not exceed four feet in height and shall not be placed so as to interfere with driver vision of other traffic.

(b) Within other commercial districts:

[1] Individual commercial parcels consisting of a single business which have their front facade located 80 feet or further from the edge of the public road are permitted a single monument sign, in addition to any other permitted signs. Such sign shall be no larger than five feet tall, eight feet long (measured perpendicular to the road) and one foot wide (measured parallel to the road). Copy or sign information may only appear on the long sides. Monument signs must be located at or near the primary vehicle entrance to the property no closer than 15 feet from the edge of the road, or otherwise placed so as not to obstruct vehicular sight lines. Such sign shall consist of the business name, brief description or motto and a street address only.

[2] Multiple-tenant building/plaza sign. Signs designed to identify shopping plazas or similar multitenant developments which consist of two or more tenants which are located 80 feet or further from the edge of the public road are permitted one freestanding "plaza sign" in addition to any other permitted signs. Such sign shall be no larger than five feet tall, eight feet long (measured perpendicular to the road) and one foot wide (measured parallel to the road). Copy or sign information may only appear on the long sides. Such signs shall be located according to monument signs, and shall consist of the official name of the development and a street address of the development only. The name of the individual businesses or other information is not permitted.

(3) Other signs. Within any zoning district, the following signs may be erected subsequent to satisfaction of the permit requirements.

(a) Home occupation sign. Home occupations in residential structures are permitted a single facade-mounted plaque sign as specified above, or a small freestanding pole sign which does not exceed three square feet in area each side and six feet in height, no closer than 15 feet from the road.

(b) Temporary announcement sign. A single temporary promotional, special event or similar sign advertising an announcement is permitted no more than four times a calendar year for any commercial business, provided they are limited to a maximum of six square feet (each side), are located on the business premises and are displayed for no more than five consecutive days.

(c) Awning sign. Text on pedestrian awnings is permitted in addition to other allowed signs provided that the text is limited to the business name, slogan and street address only. The text height must be located on the vertical front edge of the awning only and must not exceed six inches in height.

(d) Menu sign. A wall-mounted menu sign is permitted adjacent to the main entry for restaurants and similar establishments in addition to other allowed signs, but in lieu of a plaque sign, provided that the total sign area does not exceed four square feet.

(e) Off-premises directional signs for the convenience of the general public and for the purpose of directing persons to a business, activity, service or community facility may be erected in any zone, providing such sign does not exceed 10 square feet, in area, per establishment, nor total more than two such signs within the Town of East Greenbush per establishment. Text shall be limited to name or identification, arrow or direction, and distance. Advertising messages shall be prohibited. Such signs shall be limited to major and collector streets.

(f) A temporary, nonilluminated real estate development or construction sign, for either commercial enterprises or residential subdivisions, denoting the architect, engineer and/or contractor, may be erected on property being sold, leased, or developed. Such sign shall not exceed 32 square feet in business and industrial districts nor 20 square feet in residential districts and shall be set back a minimum of 15 feet from the front property line. Such sign shall be permitted to be displayed during construction only for a period not to exceed 12 months and must be removed immediately upon completion of the project.

(g) Signs or bulletin boards customarily incident to places of worship, libraries, museums, social clubs or societies may be erected on the premises of such institutions. One such sign or bulletin board not exceeding 40 square feet in total sign area may be erected for each entrance on a different street or highway.

(h) For multiple dwellings or apartment development, one sign not exceeding 32 square feet in total sign area may be erected for each entrance on a different street or highway.

(i) Recreational areas, day camps, golf clubs, ski areas, and other substantial facilities permitted in this chapter shall be permitted one sign, not exceeding 50 square feet in area.

(j) Signs necessary for the identification, operation or production of a public utility, not exceeding 32 square feet in total sign area, may be erected on the premises of such public utility.

D. Exempt signs. The following signs may be erected and maintained without a permit or fee, providing such signs comply with the general requirements of this section and Subsection E, Temporary signs.

(1) Signs erected and maintained pursuant to and in the discharge of any government function, or required by any law, ordinance, or governmental regulation.

(2) Signs incidental to the legal process, such as property tax sales, quarantines, building permits, and the like.

(3) Historical markers, tablets and statues; memorial signs and plaques; names of buildings and dates or erection when cut into any masonry surface or when constructed of bronze, stainless steel, or similar material; and emblems installed by governmental agencies, religious or recognized nonprofit organizations.

(4) Flags and insignia of any government, provided the total number of flags on the premises is limited to three different flags and the size of any one flag does not exceed six feet by 10 feet.

(5) On-premises directional signs for the convenience of the general public, identifying public parking areas, fire zones, entrances and exits and similar signs internally illuminated or nonilluminated, not to exceed four square feet per face. Business names and personal names shall be allowed, not to include advertising messages. Location and number of such signs shall be subject to review by the Planning Board.

(6) Nonilluminated warning, private drive, posted or no trespassing signs, intended to prohibit trespassing or for the protection of public safety, not to exceed two square feet per face.

(7) Signs which are an integral part of, and advertise only the contents of, vending machines and which are located within the profile of such vending machines, such as gasoline pumps and soft drink machines.

(8) One sign, either freestanding or attached, in connection with any residential building in any district, for professional offices and other permitted home occupations, not to exceed two square feet for each home occupation or professional office and set back at least 10 feet from the highway right-of-way. Such sign shall state name and vocation only. Illumination shall not produce a direct glare beyond limits of the property line.

(9) Name and number plates, identifying residents, mounted on house, apartment, or mailbox.

(10) Lawn signs identifying residents, with no advertising message thereon.

(11) Private owner merchandise sale signs for garage sales and auctions, such signs in place for a period not to exceed 10 days.

(12) Temporary nonilluminated "for sale" real estate signs and signs of a similar nature, concerning the premises upon which the sign is located. In a residential district two such signs are permitted, each sign not to exceed five square feet per side in area. In a business or industrial district, one sign not to exceed 50 square feet and set back at least 15 feet from all property lines permitted.

(13) One temporary sign for a roadside stand selling agricultural produce in season, not exceeding 24 square feet in area and set back at least 15 feet from the public right-of-way, providing that the sign is only erected for a period of three months a year.

(14) One temporary sign advertising a new commercial development under construction, not exceeding 32 square feet in area set and back at least 15 feet from the public right-of-way, providing that the sign is only erected for a period during construction not to exceed 12 months.

(15) Nonilluminated window signs and posters.

(16) All other temporary signs, such as political posters, banners, promotional devices and other signs of a similar nature, including church, school, civic or other nonprofit functions, shall be permitted for a period of no longer than six weeks prior to the event nor longer than seven days after the event, except as otherwise provided by this section. No permit is required for these signs. Such signs shall not exceed 32 square feet, nor be placed in a position that will obstruct or impair traffic or in any manner create a hazard or disturbance to the health, safety, and welfare of the general public.

E. Temporary signs.

(1) No person shall place or erect any temporary sign on any public property owned by the federal government, State of New York, the Town of East Greenbush, New York, or any other municipality, special Town water or sewer district or school district, including the paved and unpaved rights-of-way of roadways, located in the Town of East Greenbush, New York.

(2) No person shall place or erect any temporary signs on any private property located within the Town of East Greenbush without the express permission of the owner of the property.

(3) No signs shall be placed on the sides of overpass or underpass vehicular bridges, on poles carrying utility lines, traffic signals, streetlights or telephone lines, and on direction or traffic signs.

(4) No sign shall be erected or placed as to obstruct or impair vision at any road intersection, or the entrance to and exit from private driveways.

(5) It shall be the responsibility of the person erecting or placing any temporary sign to cause its removal.

F. Prohibited signs.

(1) Cabinet, "box" or otherwise hollow signs and letters are prohibited unless they are internally illuminated in accordance with the lighting standards of this section.

(2) Laser-light, pulsing, flashing or LED (light-emitting diode), changing or moving signs are prohibited, except for static LED fuel price signs. Such signs shall not pulse, flash, or have other movement.

[Amended 11-19-2017 by L.L. No. 2-2017]

(3) Portable signs, vehicle signs, sign trailers, signs on wheels or similar signs placed on vehicles are prohibited. Sign normally appearing on commercial vehicles owned by the advertised business are exempt from this provision, except such vehicles may not be parked on lands not related to the business for extended periods of time for the sole purposes of acting as off-premise advertising. Any moveable sign with wheels, such as signs mounted on trailers, advertisements painted on the side of a parked tractor trailer, or similar advertising devices are prohibited.

(a) No portable or temporary sign shall be placed on the front or face of a building or on any premises, except as provided in this section.

(b) A new business, or a business in a new location awaiting installation of a permanent sign, may utilize an otherwise conforming portable sign for a period of not more than 90 days or until installation of a permanent sign, whichever shall first occur. A permit for such portable sign shall be required. Such portable sign must meet all requirements of the building, electrical and other appropriate codes of the Town. If delay occurs that is clearly beyond the control of the applicant, such period may be extended at the discretion of the Code Enforcement Official.

(4) Sandwich board signs or similar non-anchored, freestanding designs.

(5) No sign or part thereof, used for a period in excess of 14 days, shall contain or consist of banners, posters, pennants, ribbons, streamers, balloons, inflatables, dirigibles, spinners, or similar moving, fluttering, or revolving devices. Banners designed as an integral part of streetlamp posts or other public amenities may be permitted by special use permit to announce special events. Banners, pennants, streamers, balloons, blimps and similar advertising devices are otherwise prohibited. Strings of lights and colored neon tubes shall, under no circumstances, be used for the purpose of advertising or attracting attention when not part of a sign. Christmas and other holiday decorations and lights, when displayed in season, shall not be considered signs or part of the sign.

(6) Neon or neon-like signs.

(7) Animated, moving, oscillating, electronic reader board, such as time and temperature signs or otherwise changing signs, are prohibited, excluding traditional barbershop poles used for said business. Rotation or other movement of any sign is prohibited with the exception of barber poles.

(8) Nonaccessory advertising signs, including but not limited to billboards, shall be strictly prohibited, except as temporary and off-site directional signs are provided for in this section.

(9) Any advertising which uses a series of two or more signs placed along a street or highway, carrying a single advertising message, part of which is contained on each sign, shall be prohibited.

(10) No sign, other than a Town sign or other sign of a public nature, shall be erected or maintained in or on any public property.

G. Sign design, sizing, color and placement.

(1) Commercial properties with multiple tenants are required to coordinate the size, placement, color, and design theme of signs and street numbers so as to present a relatively consistent and neat appearance. A sign package for the entire site shall be approved in context of the design of the building or plaza and shall be coordinated so as to present a more uniform size, color and lettering style for a building or multiple-tenant development. All applicants shall be required to submit plans for the signage package so that the colors and design may be discussed in context with the design of the elevation of the building(s).

(2) Signs are encouraged to be designed as individual channel lettering or solid wall signs (not hollow or cabinet) which are constructed of metal or carved from wood whenever possible.

(3) Commercial sign text or applied channel lettering must be limited to the name of the business and an optional brief description of the nature of the business, business slogan or logo only.

(4) Sign colors should be muted shades which complement the building colors as approved by the Planning Board. The colors for signs are uniform throughout a property with multiple tenants.

(5) All signs should be clear and legible. The lettering used should contrast well with the background color and have a width-to-height ratio which is roughly square. Overly stretched fonts and multicolored text are prohibited unless expressly part of the business logo design.

(6) Items placed in window and door areas, such as temporary or permanent posters, permitted signs, advertisements, neon or other illuminated window advertisements and notices (not including hours of operation, street address and similar information) should not exceed 15% of the total window area of a given facade.

(7) Continuous, uninterrupted fascia designs, awnings, canopies or similar elements meant only as a backdrop to sign placements are not permitted.

(8) Signs or lettering which are mounted on the vertical, horizontal or sloped surfaces of the building roof or extend beyond the roofline or sides of the building are not permitted.

(9) No wall sign shall project more than 15 inches from the face of a building.

(10) No sign shall be attached or placed against a building in such manner as to prevent or impair ingress or egress through any door or window required or designed for access to any building, nor shall any sign obstruct any fire escape or similar emergency exit.

(11) Installing new signs which cover or obscure architectural features of existing structures is prohibited. Installing new signs which are incompatible with the architectural style, scale, location, materials or color of an existing facade is prohibited.

(12) Other. Signs cannot be placed any nearer than 15 feet from the edge of any roadway, 10 feet from the edge of a driveway or otherwise obstruct and/or impede the traffic line of sight.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(a) If for any reason the property line is changed at some future date, a freestanding sign shall be relocated within 180 days to conform with the minimum setback requirements.

(13) No sign employing red, yellow or green lights, in such a way as to resemble a traffic control signal shall be placed within 15 feet of a public right-of-way or 100 feet of a traffic control light, whichever distance is greater. No sign shall use wording such as "stop," "look," "danger," or words of a similar nature which may tend to confuse, mislead or resemble any governmental or duly authorized sign.

H. Gasoline service station signs.

(1) In lieu of a permitted facade-mounted wall sign or channel lettering, gasoline service stations are permitted a canopy sign not to exceed 16 square feet in area, inclusive of any colored striping or banding effects along the canopy.

(2) In addition to other permitted signs in this chapter, gasoline service stations are permitted one monument sign. Such sign shall be no larger than eight feet tall, five feet long (measured perpendicular to the road) and one foot wide (measured parallel to the road). Copy or sign information may only appear on the long sides. Monument signs must be located at or near the primary vehicle entrance to the property no closer than 15 feet from the edge of the road, or otherwise placed so as not to obstruct vehicular sight lines. Such signs shall consist of the business name, brief description or motto, street address, and may include pricing information.

I. Sign lighting. Any illuminated sign or related lighting device shall employ only lights emitting a light of constant intensity and no sign shall be illuminated by or contain rotating, alternating, or moving light or lights. Signs which are mechanically animated are prohibited as constituting a traffic hazard or nuisance. Lighting of signs is encouraged to be by means of external lighting mounted above or below the sign. All lighting must be generally white or of a muted color with a diffused, non-intermittent light source as approved by the Planning Board. All lighting shall not interfere with the comfort and safety of the general traffic and nearby residences.

(1) Internally lit cabinet signs and/or internally illuminated channel lettering is permitted only when:

(a) Approved by super majority vote (majority plus one) of the Planning Board.

(b) The lettering or logo itself is the only portion of the sign which is translucent or illuminated while any remaining background or sign area is opaque and does not emit light.

(c) The color of the lettering is soft or muted, complimenting or matching building colors and uniform throughout a property with multiple tenants.

(2) Surface applied channel lettering which is opaque, yet illuminated by silhouette or backlight methods is permitted; provided the source of lighting and associated wiring is fully concealed.

(3) Externally illuminated sign lighting must be provided from shielded, downward or upward facing lamps which direct light only around the immediate sign surface. Bare bulbs must not be readily visible from the public way. Externally illuminated signs are encouraged to utilize light-colored lettering on a darker background to reduce glare.

(4) Gasoline service station canopy signs may be internally or externally illuminated; however, the canopy roof or its perimeter edge may not be translucent or otherwise illuminated outside of the allowable sign area. See Subsection H of this section on gas station signs.

(5) Illumination levels of internal, external and silhouette lighting measured on or at the surface of the sign face should not exceed two foot candles.

(6) All internally illuminated signs shall be constructed in conformance with the "Standards for Electric Signs (UL 48) of the Underwriters Laboratories, Inc." and bear the seal of Underwriters Laboratories, Inc.

(7) If such sign does not bear the Underwriters Laboratory label, the sign shall be inspected and certified by the International Association of Electrical Inspectors. All transformers, wires, and similar items shall be concealed. All wiring to freestanding signs shall be underground, wherever feasible and practicable.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(8) Sign lighting must be turned off by 11:00 p.m. or at the close of business, whichever is later.

J. Permit requirements.

(1) Except as otherwise provided in this section, no person shall erect any sign without first obtaining a permit therefore from the Code Enforcement Official. No permit shall be required for a sign to be repainted or repaired in exact duplication of the original, nor shall any permit be required for a change of copy on an existing sign.

(2) Application for a sign permit shall be made in writing to the Code Enforcement Official on forms prescribed and provided by the Code Enforcement Official.

(3) A fee shall be charged the applicant for issuance of a sign permit except as otherwise provided for temporary signs. The fee schedule shall be approved by the Town Board.

(4) Upon the filing of a complete application for a sign permit and payment of the required fee, the Code Enforcement Official shall examine the plans, specifications and other data submitted and the premises on which the sign is to be erected or now exists. If it shall appear that the proposed sign is in conformance with all the requirements and provisions of this chapter and other laws and ordinances of the Town, the Code Enforcement Official shall within seven days issue a sign permit or return the application with reasons for refusal noted thereon.

(5) If the authorized sign has not been installed within six months from the date of issuance of the sign permit then said permit shall become null and void but may be renewed within 30 days of the expiration thereof for good as use shown for an additional six months upon payment of an additional fee.

(6) Design, construction, and placement of the sign shall not deviate in any substantial manner from the plans approved for issuance of the permit.

K. Construction and maintenance. All signs shall meet the following minimum construction and maintenance standards:

(1) All freestanding signs shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square foot of surface area.

(a) All signs, including wall-mounted and projecting signs, shall be securely anchored and shall not swing or move in any manner.

(b) All signs, finishes, support, and electric work shall be maintained clean, neatly painted, and free from all hazards such as, but not limited to, faulty wiring and loose supports, braces, guys and anchors.

L. Construal with state provisions. Signs shall meet all requirements of the New York State Uniform Fire Prevention and Building Code, where applicable.

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

M. Removal of certain signs.

(1) Any sign existing on or after the effective date of this section which advertises a business no longer conducted, or service no longer provided on the premises shall be removed by the owner of the premises upon which the sign is located within 30 days after receiving written notice from the Code Enforcement Official to remove said obsolete sign.

(2) If the Code Enforcement Official shall find that any sign regulated by this section is unsafe or insecure, or is a menace to the public, he shall give written notice citing the specific problem to the named owner of the land upon which the sign is erected, who shall remove or repair said sign within 15 days from the date of said notice.

§ 57-32 Design standards.

(Reserved for future use.)

§ 57-33 Recommended design practices.

Intent. The intent of this section is to help guide and encourage future development proposals within the Town of East Greenbush to adopt design practices which reduce impacts to the local environment. The concepts included here are examples of practices which can be discussed with local planning officials during the various stages of the design review process.

A. Denser, more compact development. The creation of development proposals which use up less ground area by clustering buildings together and conserving other areas for green space or undisturbed land buffers. This is often accomplished through the use of smaller setback sizes, campus-style planning and multistory building heights.

B. Reduced sidewalk widths and parking areas. Design considerations to reduce the amounts of impervious surface area which in turn limit stormwater accumulation and runoff.

C. Reduced road and cul-de-sac sizes. Design modifications to shorten the lengths and/or widths of roadway surface area required to service a development. Reduction in road lengths or areas decreases the amount and maintenance of utilities required to reach all areas of a development, creates fewer roads which have to be paved, repaired and plowed in the winter, reducing maintenance costs.

D. Pervious concrete or asphalt. The use or replacement of typical impervious surfaces such as concrete or asphalt with pervious aggregate mixtures which allow rainwater to pass through without accumulation. This in turn helps to limit stormwater accumulation and runoff.

E. Structured parking. The use of multistory parking decks or parking areas included within the footprint of the building. This helps to reduce the amount of land area consumed by development, and in turn helps to limit stormwater accumulation and runoff.

F. Reduction of disturbed areas. Design considerations to work with the existing topography of the site as best as possible to limit the amount of site area which must be disturbed. This includes limited tree and brush clearing as well as limited site grading.

G. Protection of waterways. Design considerations to leave natural buffer areas between development and any existing water bodies or watercourses which could potentially be contaminated by pollutants from stormwater runoff and other nearby human development activities.

H. Open space design. The creation of open green space areas which are designed as part of a development to provide active or passive recreation areas, courts, gardens or parks.

I. Vegetated filter strips. Naturally vegetated strips or depressed areas designed to provide small and very localized stormwater storage and filtering from an adjacent developed area.

J. Open vegetated channels. Natural drainage paths of a site which can be used instead of constructing underground storm sewers or concrete open channels. Where density, topography, soils, slope, and safety issues permit, vegetated open channels can be used in the street right-of-way to convey and treat stormwater runoff from roadways in lieu of curbing and storm gutters.

K. Bioretention or green roofs. Provide stormwater treatment for runoff from impervious surfaces or reduction in impervious roof areas. Localized bioretention areas can be integrated into landscaping areas and traffic islands, and may include rain gardens, rain barrels, stormwater planters or similar localized retention methods.

L. Additional info. Additional suggestions and explanations of many of these design concepts can be found through various sources including the New York State Department of Environmental Conservation and the publication "Better Site Design" from the Center for Watershed Protection.

§ 57-34 Performance standards.

The following performance standards shall apply in all districts:

A. Vibration. No vibration shall be discernible at the lot lines or beyond.

B. Smoke. No emission of visible grey smoke of a shade equal to or darker than number two on the Ringelmann Chart, measured at the point of emission.

C. Odors. No offensive odor shall be noticeable at the lot line or beyond.

D. Fly ash, dust. No emission which can cause any damage to health, animals, or vegetables or other forms of property or any excessive soiling.

E. Glare. No direct or sky reflected glare shall be visible at the lot line or beyond.

F. Liquid or solid wastes. No discharge into any present or future disposal system, public or private, or streams, or into the ground, of any materials of such nature or temperature as to contaminate groundwater supply.

G. Radioactivity. No activities which emit dangerous radioactivity at any point, as covered by federal government standards.

H. Noise. No continuous or intermittent noises, including hum, music or noise with any noticeable shrillness of a volume or more than the allowable decibel levels listed below is permitted, not including emergency notification horns or sirens which are intended for public safety. All noise levels should be measured at lot lines. In cases where a noise source may be audible from within a different district which has a lower allowable decibel level, the noise must not exceed the allowable level for that district.

Zoning District	Maximum Allowable Decibel Level Measured at Lot Line
All residential districts, PPB, PDD, B-1	50 db
B-2	60 db
O, OC	65 db
OI	70 db
CI	75 db

I. Fire and explosion hazard. No process or storage of material in such manner as to create undue hazard by reason of fire or explosion.

J. Breeding of vermin. No material shall be stored either indoors or outdoors in a manner that facilitates the breeding of vermin.

K. Electrical operations. Electrical operations shall not create disturbances to radio and television reception in the vicinity.

§ 57-35 Standards for individual uses.

The standard for individual uses are enumerated below.

§ 57-36 Gasoline filling stations.

In any district where permitted, a gasoline filling station shall be subject to the following regulations:

A. The area for use by motor vehicles, except access drives thereto, as well as any structures shall not encroach on any required yard area.

B. No fuel pump shall be located closer then 20 feet from any side lot line nor closer than 25 feet from any street line, measured from the outside edge of the fuel island.

C. No gasoline filling station property shall be within 200 feet of a school, public library, theater, church or other public gathering place, park, playground or fire station, ingress or egress ramps to limited access highways as measured in any direction, nor within 200 feet of an abutting residential zone as measured lineally along the fronting street or streets.[1]

[1] Editor's Note: The following original sections, which immediately followed this subsection, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I): Sec. 3.7.1.D, regarding major repair work; and Sec. 3.7.1.E, regarding openings in the roof, side or rear walls.

D. No gasoline filling station property line shall be located within 1,200 feet of an existing or authorized gasoline filling station as measured in any direction.

E. A gasoline filling station which has ceased to operate as such for a period of six months shall have its permit revoked.

§ 57-37 Public garages.

The requirements and limitations of § 57-36A, B, C, D and E shall apply.

§ 57-38 Vehicle sales, leasing, rental, service, storage and repair.

In any district where permitted vehicle sales agencies, used vehicle lots, vehicle rental, parking lots, garages, vehicle laundries, vehicle storage and service establishments and similar uses shall be subject to the following regulations:

A. The requirements and limitations of § 57-36A, B, C, D and E shall apply.

B. Outdoor storage or display of vehicles or boats shall be permitted only in the side or rear yards.

C. Service facilities may be accessory to a primary sales/rental use if approved by the Planning Board during special use permit review.

D. Two gasoline pumps may be permitted with Planning Board approval incidental to the primary use of the premises, but the sale of gasoline to the general public shall not be permitted. Such pumps shall be located at the side or rear of the premises.

§ 57-39 Self-storage.

A. There shall be no outdoor storage of materials or goods.

B. All mini warehouse structures which face or are visible from along a public right-of-way or residential property must have those exterior facades clad in brick, stone or similar decorative masonry.

C. All other exterior cladding material, including metal siding and roofing, must be of a natural, muted shade or other color as approved by the Planning Board.

D. Any perimeter fencing which is visible from along a public right-of-way or residential property must be accompanied by landscaping screening as directed by the Planning Board.

§ 57-40 Excavations and soil mining.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

A. Purpose.

(1) Any proposed excavation adversely affecting natural drainage or structural safety of adjoining buildings or lands shall be prohibited. Excavations shall not create objectionable dust or noise, contribute to soil erosion nor create any kind of noxious or injurious substance or condition or cause public hazard. No topsoil shall be stripped, excavated or removed, for sale or for any use, other than in connection with excavation and grading incidental to construction on the premises from which it is removed.

(2) Regulation of actual mining activities is regulated by New York State under Article 23, Title 27 of the Environmental Conservation Law. It is the intent of the Town of East Greenbush to permit excavation and gravel mining operations in the Coastal Industrial District (CI) and Corporate Office/Light Industrial District (OI) and to allow existing excavation and mining activities located elsewhere within the Town to continue as permitted 1) by the New York State Department of Environmental Conservation (NYSDEC) and 2) by this chapter insofar as such activities comply with the provisions herein regarding the continuation of prior nonconforming uses and structures.

B. Applicability. Activities covered by this section include:

(1) Mining activities requiring NYSDEC permits, but only to the extent allowed by Article 23, Title 27 of the Environmental Conservation Law; and

(2) Excavation and mining, as defined herein or reclamation thereof, not requiring a permit by the NYSDEC, that uses more than 100 cubic yards of material for any purpose other than for reuse on the same site in a successive twelve-month period.

C. Exempt activities. Activities exempt from this regulation include:

(1) Accepted agricultural practices not otherwise in conflict with this chapter, where soil or other material is to be used for grading, improving or draining and where the soil or other material is to be replaced on the same site;

(2) Excavation for the sole purpose of building a pond or lake in which their material is retained on the same site;

(3) Activities performed for or by the Town of East Greenbush;

(4) Excavation for building construction, sewage disposal systems or underground fuel storage tanks or other activities of limited duration, e.g., swimming pools, graves, which shall be permitted in any district subject to the following:

(a) In the event that building construction operation is arrested prior to completion of the building and the building permit thereof is allowed to expire, the premises shall be cleared of any rubbish, building materials, or other unsightly accumulations. Any excavation for a building basement, foundation, utility or otherwise of a depth greater than two feet below grade shall be filled and the topsoil replaced or all such excavations shall be entirely surrounded by a substantial fence at least six feet high that will effectively block access to the area. Where necessary, suitable gates will be installed and provided with locks. Such clearing, filling and/or fencing shall be completed not later than the expiration date of the building permit;

(5) Excavations for the purposes of installing public utilities and building or maintaining roads;

(6) Dredging operations under the jurisdiction of the United States Army Corps of Engineers and other governmental entities.

D. Town of East Greenbush special use permits.

(1) Mining activities requiring NYSDEC permits. The Planning Board shall approve the special use permit application, provided the following conditions are met:

(a) Activities shall comply with all requirements and conditions specified in the NYSDEC permit concerning setback from property boundaries and public rights-of-way, natural or other barriers to restrict access, dust control and hours of operation.

(b) Activities shall comply with district regulations, area and bulk regulations, and Town-wide standards and with site plan and special use permit requirements, as well as other generally applicable sections of this chapter.

(c) Reclamation requirements contained in the NYSDEC permit shall be fully met.

(2) Mining activities not requiring NYSDEC permits. The Planning Board shall approve the special use permit application, provided the following conditions are met:

(a) Application. An applicant for a special use permit or renewal shall obtain a current Mined Land Reclamation Program Applicant’s Guide or its equivalent, as may be amended from time to time, from NYSDEC and submit all the same required information to the Town of East Greenbush Planning Board. In addition, the application must be in accordance with Article III, § 57-55 (Special use permits) and § 57-72 (Site plan review and approval procedures) of this chapter. The Planning Board, at its discretion, may waive any application requirements.

(b) Standards. The Planning Board, in considering special use permit approval, shall apply the same standards as those applied by the NYSDEC (as contained in the Mined Land Reclamation Program Applicant’s Guide) and may place conditions on approval as it may deem appropriate to the application, including setbacks from property boundaries and public rights-of way, natural or other barriers to restrict access, dust control, hours of operation and reclamation requirements. The Planning Board shall also apply the standards set forth in Article III, § 57-55 (Special use permits) of this chapter.

(c) Excavation for soil mining. No rock crusher, cement plant or other crushing, grinding, polishing or cutting machinery or other physical or chemical process for treating the product of soil mining shall be permitted except in a Coastal Industrial (CI) District and governed by the performance standards of § 57-34.

(d) Renewal, inspection and enforcement. Special use permits for excavation and mining shall be issued for a one-year period and may be renewed for additional one-year periods. Site inspections may be made by the Code Enforcement Official in accordance with the law, by Planning Board members and/or by such experts or official as the Planning Board may designate, as part of the special use permit application or renewal procedure herein. Permits shall be subject to revocation and/or penalties, as provided in Article IV of this chapter.

(e) Revocation of special use permit, in the event of a violation of the conditions of a permit or of the requirements of this section. No permit renewal may be granted if an outstanding violation exists at the time of application for renewal for such permit. Any and all costs related to site inspections shall be charged back to the owner or operator of the site and shall be paid as a condition of special use permit approval by the Planning Board.

(f) Final inspection, acceptance of the reclaimed site and final release of the financial security required in Subsection D(2)(h) below may not be earlier than two growing seasons following the end of mining operations and removal of equipment.

(g) Insurance. A certificate of liability insurance, naming the Town as coinsured, shall be required by the applicant prior to issuance of the special use permit. The minimum liability coverage shall be in an amount established by the Town Board, or if not specified, shall be in a minimum amount of $1,000,000 for personal injury, including injury resulting in death, on the property. The liability coverage shall be maintained throughout the term of the permit.

(h) Financial security. Financial security, such as a letter of credit or other form of security approved by the Town Board, sufficient to assure compliance with the reclamation conditions herein and to repair extraordinary damage resulting from the operation to Town roads or to upgrade such roads near the property access, shall be reviewed as a part of special use permit approval or renewal. If the Planning Board determines that the financial security shall be established or changed to reflect changes in the amount of disturbed acreage or to reflect changes in the cost of site reclamation or other costs omitted, the Planning Board shall make such recommendation, with an amount, to the Town Board. The Planning Board shall give special use permit approval only after notice of approval of the performance bond by the Town Board. Said bond shall not be released until the operator has complied with all standards and conditions of this chapter and the special use permit and a written release has been issued by the Town Board.

§ 57-41 House trailers, mobile homes and RVs.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

A. House trailers, mobile home parks and RVs are specifically prohibited in all districts. House trailer and mobile home parks existing in the Town on March 6, 1961, the date of initial adoption of the Town's Zoning Ordinance, may be continued indefinitely but shall not be expanded.

B. Individual house trailers and mobile homes are also specifically prohibited in all districts. Individual house trailers and mobile homes legally existing in the Town as of the date of passage of this amendment, June 4, 1986, may be continued in strict accordance with the provisions of § 57-56 of this chapter.

§ 57-42 Drive-in movies.

A. Projection screens and parking areas shall be no closer than 50 feet to any street right-of-way line and no closer than 100 feet to any residential property line. Movies shall not be visible to moving traffic on adjacent major streets.

B. Vehicular surfaces shall be paved with dustless material.

C. Loudspeakers shall be of the individual in-car type.

D. Entrance car reservoir space shall be equal to a minimum of 5% of the total parking capacity.

§ 57-43 Salvage yards.

A. Industry; salvage yard. An area of land with or without building used for or occupied by the storage, keeping or abandonment of junk, including scrap metals or other scrap used or salvaged building materials or the dismantling, demotion or abandonment of automobiles or other vehicles or machinery or parts thereof. The deposit on a lot of two or more wrecked or broken-down vehicles or the major parts thereof for three months or more shall be deemed to make the lot a "salvage yard."

[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

B. Salvage yards are specifically prohibited in all districts.

C. Waste tires are not allowed to be stored in any substantial quantity without an appropriate current permit from the New York State Department of Environmental Conservation.

§ 57-44 Cemeteries and crematories.

A. No burial or memorial plats or buildings shall be located closer than 50 feet to any residential lot line, except that when a dense evergreen hedge or a wall or fence at least six feet in height, providing complete visual screening from all adjacent residential property is provided, burial or memorial plats of less than six feet in height may be located no closer than 20 feet from any residential lot line.

B. Crematories shall be located only in cemeteries.

§ 57-45 Accessory dwelling units.

A. A dwelling unit accessory to a private residence may be temporarily permitted upon application for special use permits provided that:

(1) Such dwelling unit may only be intended for noncommercial use, for use by:

(a) No more than two family members directly related to the owners of the principal residence; or

(b) An on-premises caretaker to a family member living on the premises, such as a live-in nurse.

(2) The residents of the principal residence must be the owners of the home and not renting.

(3) The maximum size of such accessory dwelling unit cannot exceed 1,000 square feet.

(4) The temporary duration of the special use permit expires when:

(a) The person(s) who were approved for living in the accessory dwelling unit leave or are no longer living there: or

(b) The principal residence is sold to new owners.

B. A dwelling unit accessory to a premises principally used for office, retail, tourist accommodation, warehouse, or personal service activity may be permitted upon application for special use permits, provided that:

(1) The explicit written approval of the Town Fire Inspector shall be obtained for the design, location, access and other safety-related elements of such dwelling unit.

(2) No such dwelling unit shall be permitted over filling stations, stores retailing flammable or fume-producing goods, restaurants or other businesses with kitchens or other facilities producing intense heat, or any other establishment or type of establishment which the Fire Inspector determines to pose a greater-than-average built-in risk.

(3) The habitable floor area of such dwelling unit shall be at least 500 square feet. The dwelling unit shall not be located on the first floor of the building and the dwelling unit shall contain all services for safe and convenient habitation meeting the New York State Uniform Fire Prevention and Building Code and the Sanitary Code.

(4) There shall be no more than one such dwelling unit created or maintained in any single building or on any single premises.

(5) The dwelling unit shall have a separate access to the outside of the building, which must be distinct from the access to uses on the first floor.

(6) Each apartment shall have two designated off-street parking spaces meeting the standards of this chapter, conveniently located for access to the dwelling unit.

(7) Suitably landscaped, outdoor open space shall be maintained for the use and beneficial enjoyment of the residents of the dwelling unit.

(8) The dwelling unit, or any proprietary or other interest therein, will not be sold to the tenant or any other party, except as part of a sale of the entire building in which the dwelling unit is located.

(9) The apartment is properly constructed, maintained and used, and unapproved uses are excluded therefrom.

§ 57-46 Waste recycling and disposal.

A. Recycling and materials reuse operations such as transfer stations are permitted provided that:

(1) The operation will be contained within a fully enclosed building, will not preclude the orderly and reasonable use of adjacent property and the site is particularly suitable for the location of such use in the community.

(2) Adequate buffer yards and screening shall be provided to protect adjacent properties and land uses from possible detrimental impacts of the proposed use.

(3) Adequate provisions shall be made for the collection and control of stormwater runoff, sewage, refuse and other liquid, solid or gaseous waste which the proposed use will generate.

(4) No solid waste will be maintained permanently on site.

(5) The applicant shall provide a description of all material to be transferred and processed on the site, in addition to providing a general operating plan as part of the site plan review.

B. Landfills. Landfills constitute a prohibited use in all zoning districts.

§ 57-47 Marinas.

A. Marinas and related uses such as sale of marine supplies, services, fuel, equipment or annual membership clubs which are water-dependent. The following standards shall apply to all new marina project proposals as well as projects for expansion of existing marinas.

B. All new marina proposals or expansion of existing marinas shall, as appropriate, include sufficient parklike surroundings, toilet facilities, and marine pumpout facilities.

C. In evaluating proposals for new marina construction, the Town will favor those proposals which involve alternative ways of providing for the needs of boaters. In order of preference, these alternatives are:

(1) Dry stack facilities with the minimum number of wet slips needed to provide efficient operation;

(2) Rehabilitation and alteration of existing marinas;

(3) Open water facilities;

(4) Upland basin marinas through excavation, provided that water quality and other environmental considerations can be maintained; or

(5) Any combination of the above four approaches.

D. The Planning Board shall require a secured bond or money in escrow that will be sufficient to hire an independent contractor to complete any conditions imposed or to effect any limitations or to restore the project area to its original condition in the event of a failure by the applicant to comply with the conditions or limitations of the special use permit. The amount of bonds or escrow posted shall be as approved by the Planning Board.

E. To the extent feasible, marina basins shall be designed for maximum tidal flushing and circulation due to both river/creek currents and the action of wind while maintaining safe levels of wave action within the protected basin. Minimum design criteria to promote a flushing include:

(1) Basin and channel depths shall not be deeper than the prevailing depths in the water body to which they connect.

(2) Basin and channel depths shall gradually increase toward open water or basin entrances.

(3) Openings shall be provided at the opposite ends of enclosed basins to establish flow-through circulation. Only one opening must be navigable. The other opening or openings shall be as large as practicable to promote circulation. Culverts or other enclosed conduits may be used in place of open channels.

(4) The configuration chosen shall minimize or prevent the formation of stagnant water zones that tend to collect debris or cause shoaling or flushing problems.

F. Marinas shall be located in areas where minimal physical attributes required by marinas already exist and where minimal initial and subsequent maintenance dredging will be required. Such physical attributes include natural depths at or exceeding minimal navigable depths, low rates of sediment transport and sufficient tidal action to promote flushing. Dredging shall be limited to the minimum dimensions necessary for the project. Marinas shall not be permitted in areas that would require frequent maintenance dredging that would harm aquatic life or would prevent the relocation of benthic organisms. Such areas would include those which would require maintenance dredging more often than once every five years.

G. Applicants must demonstrate that there is an adequate water supply to serve all of the project's needs.

H. Waste discharge.

(1) Sewage pumpout facilities shall be provided at new marinas and expansion of existing marinas at a minimum rate of one pumpout station for every 100 wet slips, or fraction thereof.

(2) Adequate restroom facilities for the exclusive use of marina patrons will be required to discourage any overboard discharge of sewerage from boats and to protect water quality. The number of toilets required for any given marina shall be determined by the nature and size of the marina and by its specific site locations.

(3) The applicant must demonstrate adequate capacity to properly dispose of or treat all sanitary wastes generated by the project.

(4) An ample number of signs must be provided to identify the location of public rest rooms and of pumpout facilities. Signs must also fully explain the procedures and rules governing the use of the pumpout facilities. Pumpout facilities shall be available to all boaters, regardless of whether they are patrons of the marina.

I. Stormwater runoff reduction. New parking areas shall utilize porous pavements or other approved measures to reduce rainfall runoff. New marina projects must incorporate best management practices in their design, including, but not limited to, the following:

(1) Maximize pervious land surface and vegetative cover to minimize stormwater runoff and to prevent polluted waters from reaching adjacent waters and wetlands. Direct runoff away from adjacent waters and wetlands to the extent feasible by site grading or other methods.

(2) Runoff from parking lot maintenance, fueling and wash down areas must be provided and treated in a manner that prevents oils, grease and detergents from reaching adjacent waters and wetlands. Accepted treatment methods include oil and grease filtering catch basins, retention areas and exfiltration systems.

J. Trash receptacles shall be plentiful and convenient to encourage the proper disposal of trash and waste. A maximum spacing of 100 feet between receptacles shall be maintained on all piers and docks.

K. The underwater positions of piers and docks, including piles, shall not be constructed using creosote-treated lumber.

L. All marinas shall institute spill prevention emergency response plans. Automatic cutoffs for hoses in the event of an accident are mandatory.

§ 57-48 Airports and heliports.

A. The hours of operation shall be limited by the Planning Board to prevent disturbance to nearby residences.

B. No area to be used by aircraft under its own power on the ground shall be nearer than 200 feet to any lot line. Evidence shall be submitted to the Board that ample safeguards to minimize hazards and disturbances from aircraft noise will be assured at all times of operation from affecting residents and properties in the vicinity.

C. Access to areas used by aircraft in motion shall be controlled by fences and gates.

D. Vending machines, newsstands, governmental installations, airlines and express offices and aircraft repair facilities may be permitted within completely enclosed buildings, except in private operations.

E. The storage and sale of aviation gasoline may also be permitted, except in private operations.

§ 57-49 Day-care centers and nursery schools.

A. Such uses may be a principal use or allowed as accessory uses in conjunction with the following other special use permit uses: office and research buildings; hotels, motels and conference centers; retail stores, service and personal service establishments; conference centers or other similar facilities; multifamily residences; health-related facilities; and churches and religious institutions.

B. The required outdoor play space shall be adequate in size and location as determined by the Planning Board, and shall be fenced and suitably landscaped and buffered. No play area shall be located in a required front yard or landscaped buffer strips.

C. Adequate pickup/dropoff areas shall be provided and designed to ensure safe, direct access to the facility as determined by the Planning Board. Said areas shall not conflict with access to required parking.

D. Day-care centers shall be licensed in accordance with the law prior to operating such facilities.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 57-50 Dog kennels (private, commercial and veterinary).

A. All animal housing, kennels or runs and related structures shall be placed a minimum of 50 feet from any lot line, 200 feet from any residential lot line, shall be fenced and permanently screened from all surrounding properties with landscaping and other buffers as directed by the Planning Board.

B. All animals shall be confined in suitably enclosed and ventilated buildings between the hours of sunset and 7:00 a.m.

§ 57-51 Swimming pools.

A. No swimming pool shall be installed, constructed or maintained within 10 feet of any side or rear property line or aboveground structure as measured from edge of water. No swimming pools shall be constructed within the front yard.

B. Construction of swimming pools shall comply with the New York State Uniform Fire Prevention and Building Code.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

§ 57-52 Residential cluster development.

Residential cluster development. The Planning Board is authorized to modify applicable provisions of this chapter as authorized in § 4.3 of the Town Law in order to enable and encourage flexibility of design and development of land in such a manner as to promote the preservation of the natural and scenic qualities of open lands and to facilitate the adequate and economic use of streets and utilities.

A. Cluster development may be considered with a minimum site area of 10 adjacent acres within the A-R, B-1, R-OS, R-B, R-1, R-1A, R-2, R-3, PD, and PPB Districts.

B. The maximum number of dwelling units that may be permitted and approved within a cluster development shall not exceed the number of lots shown on an approvable sketch plat for lot-by-lot development. Lots shown on the sketch plat shall be fully consistent with both the lot area and bulk requirements of the zoning district in which the cluster development is proposed and provide access roads in accordance with the Town's subdivision regulations and roadway standards. Platting shall be restricted to those portions of the site considered by the Planning Board to be suitable for residential building development, based upon an analysis of the site's topographic, geologic, and hydrological characteristics. Areas unsuitable for residential building development include constrained land as well as existing easements, rights-of-way, preexisting development areas and structures, and other limiting factors as determined by the Planning Board.

C. Where public sewer and water facilities are not provided, the Rensselaer County Department of Health shall review and approve or deny well and septic layouts in cluster developments.

D. While attached, semidetached or detached dwelling units are permissible within a cluster development, the following standards apply:

Maximum Number of Attached Units per Individual Structure
R-OS, A-R, and R-B District	2
R-1, R-1A	4
R-2,	6
R-3 and all other districts	6 (or as determined by Planning Board)

E. In order to meet the objectives and intent of this section, there are no formalized lot area, width, or yard dimensions or setback requirements for residential units within cluster developments except for buffer requirements. In no way shall this be interpreted as a density bonus for the siting of additional units beyond the lot-by-lot sketch plat as described in Subsection B above. Furthermore, the Planning Board may establish minimum separation distances between structures in order to maintain the character of the area and consistency with nearby development patterns.

F. Maximum structure height shall be restricted to that permitted in each district.

G. An open space area totaling not less than 25% of the total cluster development site shall be provided in perpetuity for the use and beneficial enjoyment of all residents within the cluster development. At least 10% of the site's buildable land must be included within this area.

H. If, in the opinion of the Planning Board, little would be gained from the cluster development open space due to the particular aspects of the proposal or characteristics of the site compared to other opportunities for conservation in the vicinity, the Planning Board may mandate other amenities and/or cash equivalent to improve the area, tie into a local trail system and/or conservation rights to nearby lands. The Town may mandate a fee schedule for payments to be regularly updated, or the Planning Board is authorized to negotiate on a case-by-case basis.

I. A reduction in the number of units below the maximum allowable density would not reduce or eliminate any need requirements for open space or fees.

J. A homeowner's association, deed restriction or similar mechanism, for the long-term ownership and maintenance of open space areas as required in Subsection G above shall be provided, subject to the approval of the Town Planning Board. Similar provision, satisfactory to the Town of East Greenbush, shall be made for the long-term ownership and maintenance of roadways, drainage ways, utilities and other improvement features within the cluster development.

K. The Planning Board shall require all cluster developments to provide a suitable buffer area to adjacent properties on a case-by-case basis. Buffer areas shall include existing natural vegetation and/or enhanced landscaping for the purposes of screening and be maintained as undisturbed open space per Subsection H above. To assist the Planning Board in this regard, development plans must include aerial photos or mapping for the property, all lands within 1,000 feet of the property lines and the extents of proposed tree removal or land disturbance.

§ 57-53 Home occupations.

In any district, home occupations, as defined in this chapter, shall additionally conform to the following use limitations:

A. A home occupation may only be conducted within a dwelling which is the place of domicile of the principal practitioner of the occupation.

B. Not more than two such home occupations may occur on a single residential premises, with Subsections C, E, G and H below applying to either the single home occupation, or aggregate of the two home occupations occurring on the premises.

C. The home occupation activity shall occupy no more than 500 square feet of gross floor area or 25% of the gross floor area of the dwelling to which the home occupation use is accessory, whichever is smaller.

D. Except for articles produced on the premises, no stock-in-trade shall be displayed or sold on the premises.

E. No alteration to the exterior of the principal residential building shall be made which changes the character thereof as a dwelling, except that a single sign, not exceeding two square feet per side in area, shall be permitted per home.

F. No outdoor display of goods or outdoor storage of equipment or materials used in the home occupation shall be permitted.

G. Not more than one person other than members of the household occupying such dwelling shall be employed in the conduct of the home occupation.

H. There shall be permitted no sharing, letting or subletting of space, for use by others in the conduct of their profession, trade, or business.

I. Sufficient off-street parking shall be provided as required within § 57-29 of this chapter.

§ 57-54 Sexually oriented businesses.

A. Intent. It is the intent of this chapter to regulate sexually oriented businesses, to promote the health, safety morals and general welfare of the citizens of the Town of East Greenbush and to establish reasonable and uniform regulations to prevent the continuous deleterious location and concentration of sexually oriented businesses within the Town of East Greenbush. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment to the Constitution of the United States or to deny access by distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect for this chapter to condone or legitimize the distribution of obscene materials.

B. Permitted locations.

(1) Adult uses shall be a permitted use in a Coastal Industrial District (CI) only, provided that:

(a) An adult use may not be operated within 500 feet of:

[1] A church, synagogue or regular place of worship.

[2] A public or private elementary or secondary school or licensed child day-care center.

[3] A public park.

[4] Nursery school.

(b) An adult use may not be operated within 250 feet of a residence.

(c) An adult use may not be operated within 500 feet of another adult use or on the same lot or parcel of land.

(d) An adult use may not be operated in the same building, structure or portion thereof containing another adult use.

(2) For the purposes of this chapter, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where an adult use is conducted to the nearest property line of the premises of a church or public or private elementary or secondary school or licensed child day-care center or to the nearest boundary of an affected public park or residential lot.

(3) All adult uses shall be conducted in an enclosed building, regardless of location or shall not be able to visually see any specified anatomical area or any specified sexual activity by virtue of any display which depicts or shows said area or activity. This requirement shall apply to any display, decoration, sign, window or other opening.

(4) No description in words, phrases, characters, or other form of any specified anatomical area or any specified sexual activity shall be permitted on any display, decoration, sign, window, or other opening.

C. Compliance required; inspections.

(1) A person may operate an adult use business only within the Coastal Industrial District (CI) in the Town of East Greenbush in accordance with the provisions of this chapter and other applicable laws.

(2) Prior to the commencement of any adult use business or upon any transfer or ownership or control, the premises must be inspected and found to be in compliance with all laws, ordinances, rules and regulations applicable to the use and occupancy for any adult use business and compliance with this chapter.

(3) All Code Enforcement Officials shall complete their certification that the premises is in compliance or not in compliance within 20 days of the inspection of the premises by such officials.

(4) Any owner and/or operator, employee of the owner and/or operator or agent of the owner and/or operator shall permit any representative of the Town Police Department, the Rensselaer County Sheriff's Office, the New York State Police, County or State Health Department, Town Code Enforcement Officials, or other Town, county or state departments or agencies that have permitting authority regarding the site and/or premises to inspect the premises of an adult use business for the purpose of ensuring compliance with this chapter at any time it is occupied or open for business.

D. Nonconforming adult uses.

(1) Any adult use business lawfully operating on the effective date of this chapter that is in violation of the location or structural configuration requirements of this chapter shall be deemed a nonconforming use. The continuation of the same use of substantially the same character and intensity shall be allowed. The nonconforming use will be permitted to continue for a period not to exceed two years, unless sooner terminated for any reason or voluntarily discontinued for a period of 30 days or more. Such nonconforming uses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. If two or more sexually orientated businesses are within 500 feet of one another and otherwise in a permissible location, the adult use business, which was first established and continually operating at a particular location is the conforming use and the later-established business(es) is nonconforming.

(2) An adult use business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the operation of the adult use business, of a church, public or private elementary or secondary school, public park, within 500 feet of the adult use business, or a residence within 250 feet of the adult use business.

E. Registration.

(1) No person, firm, corporation or other entity shall lease, rent, maintain, operate, use or allow to be operated or used any business or establishment, any part thereof which contains an adult use, without first complying with the provision of this section as set forth below.

(2) In addition to any and all other necessary licenses and permits, no form of adult use shall be allowed to operate nor allowed to continue to operate until a certificate of registration is filed with the Town Clerk containing:

(a) The address of the premises.

(b) The name and address of the owner(s) of the premises and the name and address of the beneficial owner(s) if the property is in a land trust.

(c) The name of the business or the establishment subject to the provisions of this chapter.

(d) The name, business and home address, business or home phone numbers of all owners of, the business or establishment subject to the provisions of this chapter.

(e) The names, business and home addresses, business or home phone numbers of all those persons having a substantial connection with the business or establishment subject to the provisions of this chapter. A "substantial connection" shall be defined as, in a sole proprietorship, an individual who owns, operates, controls or conducts, directly or indirectly, any premises, building, or location upon, which any adult use takes place; in a partnership, limited or general, an individual who shares in any profits or losses of the business or who shares in the ownership of any of the assets of the partnership business; the establishment of a trust, gift or other similar legal device which transfers the ownership or control of a sexually orientated business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

(f) The date of the initiation of the adult use.

(g) The exact nature of the adult use.

(h) If the premises or the building in which the business containing the adult use is located is leased, a copy of the lease.

(3) It there occurs any change in the information required for the certificate of registration, the Town Clerk shall be notified of such change, and a new or amended certificate filed within 30 days of such change.

(4) The processing fee for each certificate of registration or amendment thereto shall be established by the Zoning Board. Such certificate of registration shall be renewed annually and the processing fee provided in this section shall be an annual charge.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(5) No certificate of registration issued under the provisions of this section shall be transferable to any person other than the registrant, nor shall a certificate of registration be transferable for use at any premises, building or location other than that stated in the certificate of registration.

(6) The owner, manager or agent of any adult use shall cause a copy of the certificate or registration issued under the provisions of this section to be prominently displayed on the premises, building or location for which it is issued.

(7) Any knowingly false statement, or any statement which the registrant or applicant should reasonably have known to be false, which is provided in the certificate of registration or any document or information supplied therewith shall be grounds for rejection, suspension or revocation of the certificate of registration.

(8) It shall be deemed a violation of this chapter for the owner or person in control of any property to establish or operate thereon or to permit any person to establish or operate an adult use without having in force a certificate of registration complying with this section.

F. Violations. It shall be deemed a violation if the owner and/or operator, an employee of the owner and/or operator or an agent of the owner and/or operator has:

(1) Violated or is not in compliance with any section of this chapter.

(2) Refused to allow an inspection of the adult use business premises as authorized by this chapter.

(3) Had gambling occur on the adult use business premises.

(4) Had the possession, use or sale of a controlled substance occur on the premises.

(5) Had prostitution occur on the premises.

(6) Had any act of sexual intercourse, sodomy, oral copulation, masturbation or other sexual conduct occur on the premises.

(7) Had any physical contact between a person in a state of nudity (employee, patron or other person), and any other person or person(s) (employee, patron or other person), whether such other person or person(s) are in a state of nudity, seminude, or clothed on the premises of any adult arcade, adult bookstore or video store, adult cabaret, adult motion-picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.

§ 57-55 Special use permits.

[Amended 11-19-2017 by L.L. No. 2-2017]

Review of applications for special use permits. All special use permit uses stated in the "Schedule of Use Regulations" in § 57-9 of this chapter shall be subject to review and approval by the Board of Appeals in accordance with the standards and procedures included herein. In all cases where this chapter requires such special use permit authorization by the Board of Appeals, no building permit or certificate of occupancy or use shall be issued by the Code Enforcement Official except upon authorization of and in full conformity with any conditions imposed by the Board of Appeals.

A. General standards. In authorizing any special use permit use, the Board of Appeals shall take into consideration the public health safety, and general welfare, the comfort and convenience of the public in general and that of the residents of the immediate neighborhood in particular. In addition to any specific requirements of this code, the Board of Appeals shall also take into account the following general objectives for any use requiring Board of Appeals authorization:

(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 the existing of future streets 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 intended operations, will not discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.

(3) All proposed traffic accessways shall be adequate but not excessive in number; adequate in width, grade, alignment and visibility; be located not less than 25 feet from street corners or other places of public assembly; and meet similar safety considerations.

(4) Adequate provision for safe and accessible off-street parking and loading spaces shall be made.

(5) All parking and service areas shall be screened at all seasons of the year from the view of adjacent residential lots and streets and the general landscaping of the site shall be in character with that generally prevailing in the neighborhood. Such landscaping shall include the preservation of existing trees over eight inches in diameter to the maximum extent possible.

(6) The character and appearance of the proposed use, buildings, structures, and/or outdoor signs shall be in general harmony with the character and appearance of the surrounding neighborhood, shall not be more objectionable to nearby properties by reasons of noise, fumes, vibration, or principal lights, than would be the operations of any permitted use and shall not adversely affect the general welfare of the inhabitants of the Town of East Greenbush.

(7) All proposed buildings, structures, equipment and/or material shall be readily accessible for fire and police protection.

B. Special use permit application procedure. The Board of Appeals shall review and act on all special use permit uses in accordance with the procedure specified herein:

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(1) Application and fee. All applications for special use permits made to the Board of Appeals shall be in writing, on forms prescribed by the Board, and shall be accompanied by the following:

(a) A sketch site and/or building plan as applicable, providing sufficient information to permit the Board of Appeals to review compliance with the general standards discussed in Subsection A of this section; and

(b) Payment of the applicable fee in accordance with the fee schedule established and annually reviewed by the Town Board.

(2) Public notice and hearing. The Planning Board shall fix reasonable time and place for a public hearing on any such application, of which hearing date the applicant shall be given notice at which hearing he shall appear in person or by agent. The Planning Board shall additionally provide notice as follows:

(a) By publishing at least 10 calendar days prior to the date thereof a legal notice in the official newspaper of the Town. The applicant shall be responsible for payment of this notice.

(b) At least seven days prior to such public hearing, the Planning Board shall have sent by registered mail the notice of such hearing and an explanation of the special use permit sought, to all property owners within 200 feet of the subject property. Such notices shall be sent to the last-known address as shown by the most recent Town tax records. The applicant shall be responsible for costs associated with property owner notifications issued in accordance with this section.

(c) If the land involved in the application lies within 500 feet of the boundary of any other municipality, the Secretary of the Board shall also submit at least 10 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.

(3) Required referrals.

(a) At least 30 calendar days prior to the hearing, the Board of Appeals shall transmit to the Planning Board a copy of the special use permit application and request an advisory opinion thereon from the Planning Board. The failure of the Planning Board to submit an advisory opinion shall be interpreted as a recommendation that the special use permit be granted.

(b) A full statement of any application that meets the referral requirements of § 239(1) and (m) of the General Municipal Law shall also be referred prior to the public hearing to the Rensselaer County Bureau of Economic Development and Planning.

(c) No action shall be taken by the Board on such application until an advisory recommendation has been received from said Bureau and 30 calendar days have elapsed since the Bureau received such full statement.

(4) Decisions. Every decision of the Board with respect to a special use permit application shall be by resolution, fully stating the decision including any conditions attached thereto. Each such decision shall be filed in the office of the Town Clerk within 10 calendar days thereof.

C. Reimbursable costs. Reasonable costs incurred by the Board for private consultation fees or other extraordinary expense in connection with review of an application for special use permit approval shall be charged to the applicant. Such reimbursable costs shall be in addition of the fee required in Subsection B herein. Maximum amounts for such reimbursable costs by project type and size shall be in accordance with the fee schedule established and annually reviewed by the Town Board.

D. Effect of special use permit approval.

(1) No building permit shall be issued for any structure covered by this section until such special use permit has received approval by the Board of Appeals and a copy of a resolution to that effect has been presented to the Code Enforcement Official.

(2) No certificate of occupancy or use shall be issued for any structure or use of and covered by this section until the structure is completed or the land developed in strict accordance with the Board of Appeals resolution of special use permit approval and other applicable requirements of this chapter.

(3) Any use for which a special use permit may be granted shall be deemed to be 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.

(4) The Board of Appeals may require in its resolution of approval that a special use permit be renewed periodically. Such renewal may be withheld only after public hearing and upon determination by the 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. In such cases, a period of 60 days shall be granted for full compliance by the applicant prior to revocation of the special use permit.

E. Expiration of special use permit. A special use permit shall be deemed to authorize only one particular special use and shall expire if the special use permit use is not commenced and diligently pursued within six months of the date of special use permit issuance or if the use authorized ceases for more than six months for any reason.

F. Relief from decisions. Any person or persons, jointly or severally aggrieved by any decision of the Board of Appeals under this section 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 days after the filing of the Zoning Board of Appeals' decision in the office of the Town Clerk.

§ 57-56 Nonconforming structures and uses.

A. Nonconforming structures and uses. Except as provided herein, the lawful use or bulk of any structure or land in existence on the effective date of this chapter may be continued although not in conformity with this chapter, except as otherwise provided in this chapter.

(1) Preexisting uses, which were lawfully conforming at the time of adoption of this chapter, shall be considered preexisting conforming uses.

(2) Normal maintenance and repair of a nonconforming building, including the restoration of a structure declared unsafe by proper authority to a safe condition and the repair of a building damaged by fire or other cause, is permitted as long as the degree or extent of nonconformity is not increased or exceeded or no new nonconformity is created.

(3) A nonconforming structure or use may be changed to a conforming use but shall not thereafter revert to a nonconforming use.

(4) A nonconforming use may not be changed to another nonconforming use.

(5) Nonconforming uses shall not be enlarged, and the buildings or premises or portion thereof which such nonconforming uses occupy shall not be altered, unless such enlarged or altered portion shall be changed to accommodate a conforming use and in conformity with the bulk regulations of this chapter, and once so changed shall not revert to the nonconforming use or condition from which it was changed.

(6) No nonconforming structure or use damaged by fire or other cause to the extent of more than 50% of the fair market value of the structures shall be repaired or rebuilt or restored to use except as a conforming building or use.

(7) A nonconforming structure or use which has been abandoned or discontinued for a consecutive period of one year shall not thereafter be used or occupied as a nonconforming building or use.

(8) Certain nonconforming uses which are considered sufficiently objectionable, undesirable, out of character with the district in which located, and degrading to the value of other buildings and uses permitted in the district, so as to deter the proper and orderly development and general welfare of such district and of the Town and which are inconsistent with the purposes and intent of this chapter and the comprehensive master plan, shall be terminated in accordance with the provisions of Article IV of this chapter.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

B. Existing prior permits, certificates, and variances. If by any reason of an amendment or supplementary provision of this chapter a nonconforming property is created for which a building permit, certificate of occupancy, variance, or special use permit was issued prior to the effective date of such amended or supplementary provision, then the aforementioned permit, certificate, variance, or special use permit shall become null and void unless one of the following conditions is met:

(1) All footings have been installed; or

(2) Substantial construction or progress in accordance with required conditions has been made and is continuing as of the effective date of such amended or supplementary provisions.[1]

[1] Editor's Note: Original Sec. 3.13, Erosion, Sediment Control and Stormwater Management, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 57-57 Solar energy.

[Added 7-19-2017 by L.L. No. 1-2017; amended 11-15-2017 by L.L. No. 3-2017]

A. Title. This chapter shall be known as the "Solar Energy Law for the Town of East Greenbush."

B. Authority. This chapter is adopted pursuant to §§ 261 to 263 of the Town Law of the State of New York, which authorize the Town of East Greenbush to adopt zoning provisions that advance and protect the health, safety, and welfare of the community, and "to make provision for, so far as conditions may permit, the accommodation of solar energy systems and equipment and access to sunlight necessary therefor."

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

C. Statement of purpose and legislative intent. This section is adopted to advance and protect the public health, safety, and welfare of the Town of East Greenbush, including:

(1) Taking advantage of a safe, abundant, renewable, and nonpolluting energy resource; and

(2) Decreasing the cost of energy to the owners of commercial and residential properties, including single-family houses, by allowing solar collectors, unless part of a large-scale solar energy system, to provide power for use by owners, lessees, tenants, residents, or other occupants of the premises on which they are erected; provided, however, that nothing contained in this chapter shall be construed to prohibit "collective solar" installations or the sale of excess power through a "net billing," "net-metering," or "bill credit" arrangement in accordance with New York Public Service Law or any other similar state or federal statute; and

(3) Foster "smart solar development" by encouraging use of previously disturbed, degraded and developed lands for large-scale solar energy system development, while minimizing adverse impacts to undeveloped and agricultural lands, thereby reducing impacts to finite natural resources, such as land and water; and

[Amended 7-20-2022 by L.L. No. 3-2022]

(4) Improve air quality by reducing fossil fuel emissions of air pollutants, including greenhouse gases; and

[Added 7-20-2022 by L.L. No. 3-2022]

(5) Increase reliability of the state's and region's energy supply, because it will be more diverse and less dependent on a single source; and

[Added 7-20-2022 by L.L. No. 3-2022]

(6) Increasing employment and economic activity in the Town's and the region's green and renewable energy sectors by furthering the installation of solar energy systems.

[Added 7-20-2022 by L.L. No. 3-2022]

D. Definitions. For purposes of this section, and where not inconsistent, terms, phrases, words, abbreviations, and their derivations, shall have the meaning given in this section. The word "shall" is mandatory and not merely directory.

ANSI

American National Standards Institute.

[Added 7-20-2022 by L.L. No. 3-2022]

BUILDING INTEGRATED PHOTOVOLTAIC SYSTEM

A combination of photovoltaic building components integrated into any building envelope system such as vertical facades including glass and other facade material, semitransparent skylight systems, roofing materials, and shading over windows.

COMMISSIONING

A systematic process that provides documented confirmation that a battery energy storage system functions according to the intended design criteria and complies with applicable Code requirements.

[Added 7-20-2022 by L.L. No. 3-2022]

COMPREHENSIVE ZONING LAW (CZL)

Local Law No. 1 of 2008 entitled "Comprehensive Zoning Law of the Town of East Greenbush," or as amended.

[Added 7-20-2022 by L.L. No. 3-2022]

CONSERVATION ADVISORY COUNCIL

That certain body known as the "East Greenbush Conservation Advisory Council" established by the Town Board pursuant to Article 12-F of the New York State General Municipal Law.

[Added 7-20-2022 by L.L. No. 3-2022]

DESIGNATED FARMLAND

Land designated as farmland of statewide importance, or land designated as prime farmland or prime farmland if drained in the U.S. Department of Agriculture Natural Resources Conservation Service's (NRCS) Soil Survey Geographic (SSURGO) Database on Web Soil Survey, that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber, and oilseed crops and is also available for these land uses. See also Town Natural Resources Inventory.

[Added 7-20-2022 by L.L. No. 3-2022]

ENERGY CODE

The New York State Energy Conservation Construction Code adopted pursuant to Article 11 of the Energy Law, as currently in effect and as hereafter amended from time to time.

[Added 7-20-2022 by L.L. No. 3-2022]

FARMLAND OF STATEWIDE IMPORTANCE

Land, designated as farmland of statewide importance in the U.S. Department of Agriculture Natural Resources Conservation Service's (NRCS) Soil Survey Geographic (SSURGO) Database on Web Soil Survey, which is of statewide importance for the production of food, feed, fiber, forage, and oilseed crops as determined by the appropriate state agency or agencies. Farmland of statewide importance may include tracts of land that are a part of a county-adopted, state-certified agricultural district.

[Added 7-20-2022 by L.L. No. 3-2022]

GLARE

The effect by reflections of light with intensity sufficient, as determined in a reasonable manner, to cause annoyance, discomfort, nuisance, or loss in visual performance and visibility in any material respects.

[Added 7-20-2022 by L.L. No. 3-2022]

GROUND-MOUNTED SOLAR ENERGY SYSTEM

A solar energy system that is anchored to the ground and attached to a pole or other mounting system, detached from any other structure for the primary purpose of producing electricity for on-site consumption.

IMPERVIOUS SURFACE

See the definition of "impervious surface" at § 57-81 of the CZL.

[Added 7-20-2022 by L.L. No. 3-2022]

INVASIVE SPECIES

A species, as defined in 6 NYCRR 575, that is nonnative to the ecosystem under consideration, and whose introduction causes or is likely to cause economic or environmental harm or harm to human health, which harm must significantly outweigh any benefits. Also, species listed in 6 NYCRR 575, as may be updated.

[Added 7-20-2022 by L.L. No. 3-2022]

KILOWATT (KW)

A unit of electrical power equal to 1,000 watts, which constitutes the basic unit of electrical demand. A watt is a metric measurement of power (not energy) and is the rate at which electricity is used. One thousand KW is equal to one megawatt (MW).

[Added 7-20-2022 by L.L. No. 3-2022]

LARGE-SCALE SOLAR ENERGY SYSTEM

A solar energy system, either ground-mounted or roof-mounted, that produces energy primarily for the purpose of off-site sale or consumption.

LARGE-SCALE SOLAR ENERGY SYSTEM, CO-USE

Any large-scale solar energy system, or roof-mounted solar energy system which produces energy primarily for the purpose of off-site sale or consumption that is situated on a site with other principal uses and involves the installation of solar energy equipment upon existing impervious surfaces.

[Added 7-20-2022 by L.L. No. 3-2022]

LARGE-SCALE SOLAR ENERGY SYSTEM, TIER 1

Any solar energy system that produces energy for the purpose of off-site sale or consumption and involves solar energy equipment with an area greater than 1/2 acre but not more than 10 acres of land.

[Added 7-20-2022 by L.L. No. 3-2022]

LARGE-SCALE SOLAR ENERGY SYSTEM, TIER 2

Any solar energy system that produces energy primarily for the purpose of off-site sale or consumption and involves solar energy equipment with an area greater than 10 acres of land.

[Added 7-20-2022 by L.L. No. 3-2022]

MEGAWATT (MW)

A unit of electrical power equal to 1,000,000 watts or 1,000 kilowatts (kW).

[Added 7-20-2022 by L.L. No. 3-2022]

NAMEPLATE CAPACITY

For solar energy systems, starting from the initial installation of the solar energy system, the maximum electrical generating output that the solar energy system is capable of producing on a steady state basis and during continuous operation (when not restricted by seasonal or other de-ratings) as specified by the manufacturer of the solar energy system.

[Added 7-20-2022 by L.L. No. 3-2022]

NATIONALLY RECOGNIZED TESTING LABORATORY (NRTL)

A U.S. Department of Labor designation recognizing a private sector organization to perform certification for certain products to ensure that they meet the requirements of both the construction and general industry OSHA electrical standards.

[Added 7-20-2022 by L.L. No. 3-2022]

NATIVE PERENNIAL VEGETATION

Native wildflowers, forbs, and grasses that serve as habitat, forage, and migratory way stations for pollinators and shall not include any prohibited or regulated invasive species.

[Added 7-20-2022 by L.L. No. 3-2022]

NEC

National Electric Code.

[Added 7-20-2022 by L.L. No. 3-2022]

NEW YORK STATE ACCELERATED RENEWABLE ENERGY GROWTH AND COMMUNITY BENEFIT ACT (94-C PROCESS)

Permitting process administered by the New York State Office of Renewable Energy Siting (ORES) for proposed major solar energy systems with a nameplate capacity equal to or greater than 25,000 kW (25 MW) pursuant to § 94-C of the Executive Law and its implementing regulations. The 94-C process supersedes the permitting authority of this chapter, but ORES will apply the substantive requirements of this chapter unless it finds them unreasonably burdensome in view of the New York State renewable energy targets of the Climate Leadership and Community Protection Act and environmental benefits of the solar energy system. Projects with a nameplate capacity of 20,000 kW (20 MW) but less than 25,000 kW (25 MW) may opt in to the 94-C process.

[Added 7-20-2022 by L.L. No. 3-2022]

NFPA

National Fire Protection Association.

[Added 7-20-2022 by L.L. No. 3-2022]

NONPARTICIPATING COMMERCIAL BUILDING

Any principal building used for conducting a retail business, motel, hotel, or other sensitive receptor commercial use as determined by the Planning Board that is located on a nonparticipating property.

[Added 7-20-2022 by L.L. No. 3-2022]

NONPARTICIPATING PROPERTY

Any property that is not a participating property.

[Added 7-20-2022 by L.L. No. 3-2022]

NONPARTICIPATING RESIDENCE

Any dwelling unit located on a nonparticipating property.

[Added 7-20-2022 by L.L. No. 3-2022]

NYS AG AND MARKETS SOLAR ENERGY PROJECT GUIDANCE

The latest revision of the Guidelines for Solar Energy Projects-Construction Mitigation for Agricultural Lands published by the New York State Department of Agriculture and Markets.

[Added 7-20-2022 by L.L. No. 3-2022]

ON-FARM SOLAR ENERGY SYSTEM

A solar energy system located on a farm that is a farm operation, as defined by Article 25-AA of the Agriculture and Markets Law, in an agricultural district, where the solar energy system is designed, installed, and operated so that the anticipated annual total amounts of electrical energy generated do not exceed the anticipated annual total electricity consumed on the farm by more than 110%.

[Added 7-20-2022 by L.L. No. 3-2022]

OPERATOR

The applicant for the approval of a solar energy system, the owner, lessee, licensee, or other person authorized to install and operate a solar energy system or battery energy storage system on the real property of an owner, and each operator's successors, transferees, assignees, and all parties to which the solar energy system may transfer any or all of its ownership interests or contracts or subcontracts concerning the construction, management, operations and/or maintenance in, and responsibilities of the solar energy system or battery energy storage system.

[Added 7-20-2022 by L.L. No. 3-2022]

OWNER

The owner of the real property on which a solar energy system or battery energy storage system is located or installed or proposed to be located or installed.

[Added 7-20-2022 by L.L. No. 3-2022]

PARTICIPATING PROPERTY

A solar energy system host property or any real property that is the subject of an agreement that provides for compensation to the landowner from the operator (or affiliate) regardless of whether any part of the solar energy system is constructed on the property.

[Added 7-20-2022 by L.L. No. 3-2022]

POLLINATOR

Bees, birds, bats, and other insects or wildlife that pollinate flowering plants, and includes both wild and managed insects.

[Added 7-20-2022 by L.L. No. 3-2022]

ROOF-MOUNTED SOLAR ENERGY SYSTEM

A solar panel system located on the roof of any legally permitted building or structure for the purpose of producing electricity for on-site or off-site consumption.

SOLAR COLLECTOR

A device, structure, panel or part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal or electrical energy.

[Added 7-20-2022 by L.L. No. 3-2022]

SOLAR ENERGY EQUIPMENT

Electrical material, hardware, conduit, or other equipment associated with the production of electricity including solar panels, solar thermal electric equipment, associated wiring, mounting brackets, framing and foundations, accessory structures and buildings, battery energy storage systems, light reflectors, concentrators, and heat exchangers, inverters and other power conditioning equipment, substations, electrical infrastructure, distribution lines and other appurtenant structures and facilities used for or intended to be used for solar energy system.

[Amended 7-20-2022 by L.L. No. 3-2022]

SOLAR ENERGY SYSTEM

The components and subsystems required to convert solar energy into electric energy suitable for use. The term includes, but is not limited to, solar panels and solar energy equipment. The area of a solar energy system includes all the land inside the perimeter of the solar energy system, which extends to the boundaries of any required fencing and any interconnection equipment. Access roads outside the fence shall not be included when calculating solar energy system area. A solar energy system does not include a solar thermal system.

[Amended 7-20-2022 by L.L. No. 3-2022]

SOLAR ENERGY SYSTEM ARRAY

Any number of electrically connected solar panels providing a single electricity producing unit.

[Added 7-20-2022 by L.L. No. 3-2022]

SOLAR PANEL

A photovoltaic device capable of collecting and converting solar energy into electrical energy.

SOLAR THERMAL ELECTRIC EQUIPMENT

Solar energy conversion technologies that convert solar energy to electricity by heating a working fluid to power a turbine that drives a generator.

[Added 7-20-2022 by L.L. No. 3-2022]

SOLAR THERMAL SYSTEM

Solar energy devices that convert solar radiation to usable thermal energy for the transfer of stored heat for heating water or air, consisting of solar collectors, storage tanks, and associated tubing and controls. Solar thermal systems are not regulated as solar energy systems pursuant to this chapter.

[Added 7-20-2022 by L.L. No. 3-2022]

UL

Underwriters Laboratory, an accredited standards developer in the US.

[Added 7-20-2022 by L.L. No. 3-2022]

UNDERUTILIZED PREVIOUSLY DEVELOPED AND/OR DISTURBED LAND

Lands which have been developed, or other degraded lands, such as parking lots, contaminated lands, landfills, and mines.

[Added 7-20-2022 by L.L. No. 3-2022]

UNIFORM CODE

The New York State Uniform Fire Prevention and Building Code adopted pursuant to Article 18 of the Executive Law, as currently in effect and as hereafter amended from time to time.

[Added 7-20-2022 by L.L. No. 3-2022]

UTILITY PROVIDER

An entity owning and/or operating utility facilities consisting, e.g., the lines, facilities and systems for producing, transmitting, or distributing electricity which directly or indirectly serve the public or any part thereof.

[Added 7-20-2022 by L.L. No. 3-2022]

E. Applicability. The requirements of this section shall apply to all solar energy systems installed or modified after its effective date, excluding general maintenance and repair, and building-integrated photovoltaic systems.

F. Permitting.

(1) All applicants for solar energy systems shall submit the New York State Unified Solar Permit at the time of submitting the building permit application.

(2) Roof-mounted solar energy systems.

(a) Roof-mounted solar energy systems that primarily use the electricity on-site are permitted as an accessory use in all zoning districts when attached to any lawfully permitted building or structure.

(b) Building permits shall be required for the installation of all roof-mounted solar energy systems.

(c) Height of solar energy systems shall not exceed the maximum height restrictions of the zoning district within which they are located and are provided the same height exemptions granted to building-mounted mechanical devices or equipment.

(d) Aesthetics. Roof-mounted solar energy system installations shall incorporate the following design requirements:

[1] Panels facing the front yard on an angled roof must be mounted parallel to the surface of the underlying roof with a maximum distance of 18 inches between the roof and highest edge of the system.

[2] Panels installed on a flat roof or at an angle not parallel to the underlying roof shall be screened from any adjacent streets or neighboring properties.

[3] All solar energy equipment, excluding the panels and immediate mounting brackets, shall be screened from view. Exterior mounting of the solar energy equipment to the building shall not be visible from the ground (all solar energy equipment shall be located under the panels, interior to the building, or hidden from view behind a parapet wall or similar architectural screening).

(e) Roof-mounted solar energy systems that use the energy on-site and are installed parallel to the underlying roof shall be exempt from site plan review under this chapter or other land use regulations but shall meet the conditions stated within this section.

(3) Ground-mounted solar energy systems.

(a) Ground-mounted solar energy systems that use the electricity primarily on-site and are no larger than 160 square feet are permitted as accessory structures in all districts.

(b) Ground-mounted solar energy systems that use the electricity primarily on-site and are larger than 160 square feet require a special use permit in all districts. These systems shall be screened from the view of neighboring properties.

(c) Building permits shall be required for the installation of all ground-mounted solar energy systems.

(d) Ground-mounted solar energy systems when oriented at a maximum vertical tilt shall be no higher than eight feet in residential districts and 15 feet in other districts.

(e) All components of ground-mounted solar energy systems of 160 square feet or less shall comply with the setback requirements of accessory structures in the underlying zoning district. All other ground-mounted solar energy systems shall comply with the setback requirements established for a primary structure.

(f) Lot coverage. Systems are limited to 10%. The surface area covered by ground-mounted solar panels shall be included in total lot coverage.

(g) All such systems in residential districts shall be installed in the side or rear yards. Installation in any front yard is prohibited. When mounted in a side yard, the system shall be screened from any adjacent street or neighboring property by a solid fence or sufficient landscaping to shield the installation from view.

(h) Ground-mounted solar energy systems that use the electricity primarily on-site and are no larger than 160 square feet shall be exempt from site plan review under this chapter or other land use regulations.

(4) Requirements for on-farm solar energy systems. On-farm solar energy systems are permitted in R-B, R-OS, CI, A-R Districts with a building permit as an accessory structure, subject to the following requirements:

[Added 7-20-2022 by L.L. No. 3-2022]

(a) The location of the solar energy system meets all applicable setback requirements of the zone in which they are located.

(b) The height of the ground-mounted solar energy equipment shall not exceed 17 feet at its highest operating position.

(c) The total surface area of all solar panels on the lot shall not exceed 4,000 square feet and shall not exceed 5% lot coverage.

(d) The solar energy equipment is located in a side or rear yard.

(e) Solar energy equipment shall be designed and located in a way so as to prevent reflective glare toward any inhabited buildings on adjacent properties, roads or from impacting aircraft flight path as provided in Federal Aviation Administration guidance.

(f) Where site plan approval is required elsewhere in the regulations of the Town for a development or activity, the site plan review shall include review of the adequacy, location, arrangement, size, design, and general site compatibility of proposed solar energy systems.

(g) If a solar energy system is in disrepair or ceases to generate solar energy for more than nine consecutive months, the property owner shall remove the solar energy equipment within 90 days after the end of the nine-month period. In the discretion of the Town, the involved party or parties may be required to post a bond to secure performance under this subsection.

(h) Portable solar array (e.g., flower) units with a total panel surface area of 100 square feet or greater must adhere to the same guidelines as ground-mounted minor solar energy systems.

G. Approval standards for large-scale solar energy systems.

[Amended 11-15-2017 by L.L. No. 3-2017; 7-20-2022 by L.L. No. 3-2022]

(1) The standards found in this subsection are applicable to large-scale solar energy systems permitted, installed, or modified in the Town after the effective date of this chapter, excluding general maintenance and repair. This subsection shall also apply to large-scale solar energy systems permitted by the New York State Office of Renewable Energy Siting (ORES) with a nameplate capacity equal to or greater than 25,000 kW (25 MW) pursuant to § 94-C of the Executive Law and its implementing regulations.

(2) Except as provided in Subsection B of this section, large-scale solar energy systems shall be permitted only in the following zones:

	Large-Scale Solar Energy System, Tier 1	Large-Scale Solar Energy System, Tier 2	Large-Scale Solar Energy System, Co-Use
A-R, Agriculture-Residential District	SUP*	SUP	SUP
R-OS, Residential-Open Space District	SUP	SUP	SUP
R-B, Residential-Buffer District	SUP	N/P**	SUP
O, Corporate Office Only District	SUP	SUP	SUP
OC, Corporate Office/Regional Commercial District	SUP	SUP	SUP
OI, Corporate Office/Light Industrial District	SUP	SUP	SUP
CI, Coastal Industrial District	SUP	SUP	SUP
B-1, General Business Mixed Use District	N/P	N/P	SUP
B-2, General Business District	N/P	N/P	SUP
PPB, Personal/Professional District	N/P	N/P	SUP

NOTES:

*SUP = Allowed by special use permit

**N/P = Not permitted

(a) Tier 1 and Tier 2 large-scale solar energy systems are permitted with a special use permit in all districts, as a principal use or as an accessory use, provided that the large-scale solar energy system occupies underutilized previously developed and/or disturbed land.

(b) For the purposes of defining large-scale solar energy system use subtypes, the total area of the large-scale solar energy system site, which can encompass one or more parcels, shall be determinative where a large-scale solar energy system crosses zoning districts and/or municipal boundaries.

(3) General requirements for large-scale solar energy systems.

(a) A building permit shall be required for installation of all large-scale solar energy systems.

(b) All solar energy system installations must be performed in accordance with applicable electrical and building codes, the manufacturer's installation instructions, and industry standards. Prior to operation, the electrical connections must be inspected by the Town Building Inspector and/or by an appropriate electrical inspection person or agency, as determined by the Town. In addition, any connection to the public utility grid must be approved and inspected by the appropriate utility provider.

(c) The operator shall notify the Town Building Inspector and the responding fire department at least three business days prior to the initial energization of the solar energy system. Following such notification, the Town Building Inspector, or their designee, shall be permitted by the operator to be present for the initial energization of the solar energy system. Failure to comply with the requirements this subsection shall constitute a violation of the building permit.

(d) Solar energy systems shall be maintained in good working order and in accordance with industry standards. Site access shall be maintained, including snow removal at a level acceptable to the responding fire department(s).

(e) The solar energy system installer shall comply with all licensing and other requirements of the jurisdiction and the state, as determined by the Building Inspector.

(f) When a battery energy storage system is included as part of the solar energy system it must be installed to meet the requirements of the NYS Building Code and the Town's battery energy storage system local law.[1]

[1] Editor's Note: See § 57-58 of this chapter.

(g) Issuance of permits and approvals by the Planning Board and/or Town Board shall include review pursuant to the State Environmental Quality Review Act [ECL Article 8 and its implementing regulations at 6 NYCRR Part 617 ("SEQRA")].

(4) Requirements for large-scale solar energy systems. Large-scale solar energy systems are only permitted in zoning districts according to Subsection G(2), and only following:

(a) First, the issuance of a special use permit from the Planning Board complying with the specific standards for special use permits set forth in Subsection G(5)(d), below, followed by;

(b) Approval of a site plan in accordance with Section § 57-72 of this chapter that meets the site plan standards set forth in Subsection G(5)(d), below, and in § 57-72 of this chapter, and obtaining all other necessary approvals. Large-scale solar energy system applications shall be considered a major site plan.

(5) Large-scale solar energy systems site plan review standards.

(a) Permit application. In addition to the requirements for site development plan review of § 57-72 of this chapter, the application for a solar energy system shall consist of one paper copy, unless otherwise required by the Planning Board, and an electronic (digital) filing that contains at least the following:

[1] Summary. A narrative overview of the large-scale solar energy system, including its nameplate capacity.

[2] Inventory. A tabulation describing the:

[a] Number and type of each proposed solar array, including their nameplate capacity.

[b] Dimensions and respective manufacturers.

[c] Additional structures and/or facilities.

[d] Documentation that the project will meet all the requirements of the National Electric Code.

[3] Vicinity map. Identification of the property, or properties, on which the proposed solar energy system will be located.

[4] Site plan. A plan showing the:

[a] Planned location of each solar array.

[b] All property lines within 1,000 feet of the property lines of the proposed site.

[c] Each array's setback distance from the closest solar energy system boundary.

[d] Access road, parking, and turnout locations.

[e] Substation(s) and ancillary equipment, buildings, fencing, and structures.

[f] Electrical cabling from the solar energy system to the substation(s), and from the substation(s) to where the electricity will leave the site, and associated distribution, transmission, and data lines.

[g] One- or three-line electrical wiring diagram of the proposed system.

[h] Cut sheets for all equipment to be used on site, including toxicity testing records for the solar panels proposed to be used and provided by the manufacturer of the solar panels.

[i] Conservation areas on or adjacent to the site of the solar energy system and sensitive natural, historic, cultural, scenic, recreation, and other resources as identified during the SEQRA review, including: regulated wetlands; water bodies; riparian buffers and water bodies, including those subject to the Watercourse Management Overlay provisions at § 57-27 of this chapter; populations of threatened and/or endangered species (federal or state), or habitat for such species; archaeological sites; designated farmland; existing healthy, native forests consisting of at least one acre of contiguous area; individual existing healthy trees that are at least 100 years old; conservation easements; other significant natural features and scenic view sheds; and existing trails or corridors that connect the site to neighboring areas.

[j] A screening and landscaping plan, prepared by a licensed professional landscape architect, that shows proposed screening and buffering of all arrays, buildings and other non-array structures on the site or sites. The plan shall include the proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, and screening vegetation or structures, and the plan for ongoing vegetation management. The screening and landscaping plan shall include locations, elevations, sight lines, height, plant species, and/or materials that will comprise the structures, landscaping and/or grading used to screen and/or mitigate any adverse aesthetic effects of the system.

[5] Visual impact assessment. An assessment of potential visual impacts upon residential properties, public roads, known important views or vistas, and historic and cultural places, as well as sensitive receptors identified by the Planning Board as part of its review.

[a] The assessment shall include consideration of recommendations and guiding principles in the following:

[i] Comprehensive Plan, as may be amended.

[ii] Natural Resources Inventory, as may be amended.

[iii] Western East Greenbush Generic Environmental Impact Statement, as may be amended.

[iv] NYS Department of Environmental Conservation's Program Policy (DEP-00-2), entitled "Assessing and Mitigating Visual and Aesthetic Impacts," issued July 31, 2000, last revised Dec. 13, 2019, as may be amended;

[v] Clean Energy, Green Communities: A Guide to Siting Renewable Energy in the Hudson Valley (Scenic Hudson); and

[vi] Other recognized resources for assessing visual impacts.

[b] The visual assessment may include, subject to Planning Board requirements:

[i] A line-of-sight profile analysis;

[ii] A computer-generated model of visual impacts on viewpoints noted in residential properties, public roads, known important views or vistas, and historic and cultural places, including photo simulations of summer and winter conditions, and before and after simulations of proposed landscaping and buffer.

[iii] Additional visual impact analyses from other locations and a digital view shed report or other more enhanced visual assessments, as may be required by the Town Board and/or Planning Board.

[6] A completed SEQRA Environmental Assessment Form (EAF).

[7] Demonstration that the proposed solar energy system complies with the current construction and decommissioning and restoration guidelines established by the NYS Agriculture and Markets Solar Energy Project Guidance on designated farmland.

[8] Agricultural integration plan. For solar energy systems constructed on designated farmland, an agricultural integration plan describing how ongoing agricultural activities will be integrated within the solar energy system, or a demonstration that such plan is not practicable, in which case a vegetation plan for the creation of native pollinator habitat as set forth in NYS Agriculture and Markets NYS Utility Corridor Pollinator Habitat Guidelines, as may be updated and/or replaced by NYS Agriculture and Markets.

[9] Habitat assessment. A habitat assessment shall be submitted and should be conducted prior to developing any detailed design. The assessment should be prepared according to "Guidelines for Habitat Assessment" prepared by Hudsonia, Inc. 2013, as updated, and carried out by biologists familiar with habitats and biota of the region, and the life history needs of species of conservation concern. The assessment shall identify potential impacts and mitigation measures. For large-scale solar energy systems proposed on lands used for agricultural production, the Planning Board may, in its discretion, waive the requirement for a habitat assessment.

[10] Construction schedule. A proposed schedule for the completion of the project, including the proposed start date, proposed commencement of land-disturbing activities, proposed date of substantial completion, the expected date of final stabilization, the expected date of connection to the power grid, and the expected date on which operation of the solar energy system shall commence.

[11] Drainage and stormwater management. An erosion, sediment control, and stormwater management plan prepared to Town MS4 and NYSDEC standards, including the NYSDEC SPDES General Permit for Stormwater Discharges from Construction Activity, latest edition, if applicable, in accordance with § 57-40 of this chapter.

[12] Emergency services. A fire protection and emergency response plan, created in consultation with the responding fire department(s) having jurisdiction over the site of the solar energy system.

[13] Leases/agreements/easements. A demonstration that the operator has obtained title to or a leasehold interest in the facility site, including ingress and egress access to a public street, or is under binding contract or option to obtain such title or leasehold interest, or can obtain such title or leasehold interest, subject to Town Attorney review.

[14] Lighting and parking, as appropriate.

[15] Noise. A study of the noise impacts of the construction and operation of the solar energy system demonstrating compliance with the approval standards for noise provided herein, in accordance with § 57-34 of this chapter, and the latest NYSDEC policy for Assessing and Mitigating Noise Impacts. Existing background noise levels shall be taken before there is any modeling of projected noise levels.

[16] Traffic study. An analysis and modelling of the construction and decommissioning processes with regard to the transportation network may be required by the Planning Board.

[17] Signage plan.

[18] Security plan. Design plans and narrative verifying that the solar energy system is:

[a] Located, fenced, or otherwise secured so as to prevent unauthorized access inside the planted buffer.

[b] Installed in such a manner that it is accessible only to persons authorized to operate it or perform service on it, and is inaccessible to nonauthorized individuals.

[19] Construction management plan. A construction/deconstruction plan that includes a traffic control plan (subject to state and local approval, as appropriate); delivery and parking areas; delivery routes; permits required; hours of operation; noise mitigation (e.g., construction hours); dust mitigation; and road monitoring and maintenance. Anticipated construction methods for foundation installation should be described for all solar equipment.

[20] A signed and executed New York State standardized interconnection contract from the utility provider acknowledging that it will be connected to the utility grid in order to sell electricity to the public utility.

[21] Operation and maintenance plan. An operation and maintenance plan describing continuing solar energy system maintenance and property upkeep, such as mowing and trimming. Such plan will provide for the inspection, and replacement (i.e., by the following growing season, if necessary), of landscaping and trees that are part of the approved landscaping plan to ensure compliance with the landscaping plan requirements. The plan shall also include:

[a] Storm and other severe weather event follow-up, and other actions that shall be taken to keep the solar energy system operating quietly, efficiently, and not polluting land, water, and air.

[b] Plans to ensure proper operation of inverters, inverter filters and associated electrical equipment, including checks for electrical pollution.

[c] Preventive maintenance inspections at least every six months or as otherwise specified by the Town during site plan review. Operators shall make every effort to conduct inspections after hail, wind, or other severe weather event likely to result in damage to the solar energy system. A "wind event" is defined as severe wind, which would be wind over 40 miles per hour for one hour or wind gust 58 miles per hour or greater. Each inspection shall consider solar panel condition, metal fatigue, fastener condition, leakage, and other potential failures that might impact public health and safety or the environment.

[d] Landscaping management plan. A plan shall specify how the owners and operators will implement, maintain and replace, if necessary, the approved landscaping plan and screening methods. The plan shall address plantings and landscaping for both the screening elements and the landscaping within the large-scale solar energy system boundary. Regular herbicide applications are discouraged. If any mowing is necessary for future maintenance, timing should be coordinated so as not to disrupt critical timing of pollinator migrations and breeding birds that rely on vegetation for a food source and safety cover. The plan shall identify timing of mowing in relation to these objectives. Plans which use grazing animals for management are encouraged. Narrative shall be included in the application to justify a plan not incorporating grazing animals as part of the management strategy.

[e] A responsible entity associated with each operation and maintenance plan action.

[f] Quarterly inspections of the integrity of security systems.

[g] Provision for an annual safety inspection of the solar energy system by the Town Building Inspector or designee.

[h] A yearly report provided to the Building Inspector showing the rated capacity of the system and the amount of electricity that was generated by the system and transmitted to the grid over the most recent twelve-month period. The report shall also identify any change in ownership of the solar energy system and/or the land upon which the system is located, and shall identify any change in the party responsible for decommissioning and removal of the system upon its abandonment. The annual report shall be submitted no later than 45 days after the end of the calendar year. Every third year, to coincide with the refiling of the security required under Subsection G(7)(a), the annual report shall also include a recalculation of the estimated full cost of decommissioning and removal of the large-scale solar energy system. The Building Inspector may require an adjustment in the amount of the surety to reflect any changes in the estimated cost of decommissioning and removal. Failure to submit a report as required herein shall be considered a violation subject to the penalties of § 57-62 of this chapter.

[i] All required reports shall be provided to the Town of Building Inspector within 30 days of the inspection.

[22] A decommissioning plan to be implemented upon abandonment, or cessation of activity, or in conjunction with removal of the large-scale solar energy system. The decommissioning plan must ensure the site will be restored to a useful, nonhazardous condition without delay, including, but not limited to, the following:

[a] Removal of all aboveground solar energy equipment, structures and restoration of areas previously used for agricultural production, according to recommendations by the owner, the Soil and Water Conservation District, the Town Engineer, the Department of Agriculture and Markets, and/or other qualified entity; removal of concrete piers, footers, or other supports to a depth of 48 inches below the soil surface; and removal of access roads, unless otherwise specified by the owner and subject to approval during site plan review. For solar energy systems constructed on designated farmland, the restoration of the designated farmland pursuant to the decommissioning guidelines of the New York State Agriculture and Markets Solar Energy Project Guidance.

[b] Restoration of the surface grade and soil after removal of equipment.

[c] Revegetation of restored soil areas with native or agricultural seed mixes, excluding any invasive species.

[d] A time frame for the execution of the decommissioning plan work.

[e] Anticipated life of the solar energy system.

[f] The disconnection of the solar energy system from the utility power grid.

[g] Stabilization or revegetation of the site as necessary to minimize erosion.

[h] Estimated decommissioning costs, including contingency costs of at least 50% (in current dollars), consistent with the then-current NYSERDA guidance, or based on a detailed engineering assessment, and certified by a New York State-licensed professional engineer.

[i] The verifiable means by which it can be determined that the solar energy system has not delivered electricity to the grid for any consecutive thirty-day period.

[j] The plan to dispose or recycle all waste generated from the decommissioning of the solar energy system pursuant to local, state, and federal solid waste regulations.

[k] Method for ensuring that funds will be available for decommissioning and restoration as set forth in the decommissioning surety requirements of Subsection G(6) of this section.

[23] Ancillary materials. Other relevant studies, reports, certifications, and approvals as may be reasonably requested by the Town of East Greenbush to ensure compliance with this section, this chapter, and SEQRA.

[24] Conservation Advisory Council referral. The application shall be referred to the Town CAC upon submission to the Town Board and Planning Board. The CAC shall conduct its application review and related activities in accordance with Chapter 50, Article II, and its established procedures.

[25] Changes. Throughout the permit application review process, the operator shall promptly notify the Town Board, Planning Board, and CAC of any changes to the information contained in the permit application. Changes that do not materially alter the initial site plan may be administratively accepted by the Planning and Zoning Department, the Town's Designated Engineer, or other office, as may be designated by the Town Board.

[26] The Town may require additional information deemed necessary to assess compliance with this section based on the specific characteristics of the property or other project elements as determined on a case-by-case basis as part of the Planning Board review.

(b) Solar energy system application review escrow account, application fee, and reimbursement for Town oversight expenses.

[1] The operator shall pay to the Town of East Greenbush a nonrefundable application fee in accordance with § 57-72 of this chapter and the Town Land Development Application. The nonrefundable permit application fee shall be set by the Town Board and may be reviewed annually by the Town Board.

[2] The Town may require that an account be established and funded by the operator to cover reimbursable expenses in accordance with this chapter, including Chapter 54, Article II, and § 57-72.

[3] The operator shall reimburse the Town of East Greenbush for all oversight expenses (the "oversight expenses") incurred by the Town relating to the solar energy system, from application through decommissioning. These oversight expenses include (but are not limited to) amounts required for building permits, licensing, relicensing, decommissioning, inspections, administration, engineering, required expert health and wildlife evaluations, handling complaints, and legal costs. "Legal costs" include reasonable attorney fees for the Town of East Greenbush in the event that an action is commenced by the Town to enforce provisions of this chapter for the solar energy system.

[4] A reimbursement account will be funded by the operator for the reimbursement of these oversight expenses for the life of the solar energy system. The operator will replenish any funds used by the Town of East Greenbush within 30 calendar days of being sent written notification (and explanation) of withdrawals of said funds. Failure to maintain the reimbursement account at a minimum balance, equal to one year of anticipated oversight expenses as estimated by the Town of East Greenbush Town Board, Planning Board, Town Engineer, and Town Attorney, within 30 days of being given notice shall be cause for revocation of the solar energy system permit(s) issued by the Town.

[5] Once the operator believes that they have satisfactorily complied with the decommissioning conditions specified in this chapter, they shall send the Town of East Greenbush written notification. The Town then will verify, to its satisfaction, that all decommissioning conditions have been complied with. If there is material noncompliance, the Town will so notify the operator. Upon confirmation by the Town that the requirements of the decommissioning plan have been met, the Town will return all reimbursement account funds to the operator, less related expenses incurred by the Town of East Greenbush.

(c) Site plan approval design standards. In addition to site plan requirements under § 57-72 of this chapter, prior to issuance of final site plan approval by the Town for a solar energy system, the following requirements shall be met:

[1] Setbacks.

[a] Except as otherwise approved by the Planning Board pursuant to this Subsection G(5)(c)[1], all large-scale solar energy systems shall comply with the setback requirements set forth in Appendix A.[2] Such minimum setbacks for a solar energy system shall be measured from the fencing surrounding the solar energy system that is nearest to the relevant property line, building or highway rights-of-way. Landscape buffers for screening, access roads, and collection lines may be placed in the setback area.

[2] Editor's Note: Said appendix is included as an attachment to this chapter.

[b] The setback requirements for large-scale solar energy systems, co-use, shall be as specified in this chapter for the district in which the system, or portion thereof, will be located.

[c] The Planning Board may require a greater setback from the requirements of Subsection G(5)(c)[1][a] if the Planning Board finds that, in consideration of such factors as the subject property's natural characteristics and proposed mitigation including, but not limited to, topography, existing and proposed vegetative buffers, the proximity to the nonparticipating residence, the presence of participating properties on adjoining parcels separated by a Town road, and whether the site is underutilized previously developed and disturbed land, that:

[d] There will be a visual impact from the road, or the adjacent nonparticipating residence from the solar energy system.

[e] There will be an adverse impact on the road or on the adjacent nonparticipating residence from the construction, maintenance, and operation of the solar energy system.

[2] Height. The height of the solar-related equipment shall not exceed 15 feet. Height is measured from the lowest adjacent grade to the highest point of the structure at maximum tilt, including any attachments, such as a lightning protection device. The Town Board may approve a greater height based upon the demonstration of a significant need where the impacts of increased height are mitigated. Towers constructed for electrical lines may exceed the maximum permitted height as provided in the zoning district regulations, provided that no structure shall exceed the height of 25 feet above ground level, unless required by applicable code to interconnect into existing electric infrastructure, by the utility provider, or necessitated by applicable code to cross certain structures (e.g., pipelines).

[3] The screening and landscaping plan must include the required buffering and plantings within the solar energy system.

[a] Buffers. The plan should demonstrate that the landscaped buffer will provide year-round screening so that, to the maximum extent practicable, the solar energy equipment is not visible from roadways and adjacent nonparticipating properties. The vegetation plantings shall be planted within 25 feet of the fencing surrounding the perimeter of the solar energy system. In lieu of plantings, berms or existing vegetation may be used to satisfy all or a portion of the required landscaped screening. If the buffer utilizes vegetative planting, the plantings shall consist of native and noninvasive plant species to promote habitat for wildlife, and foraging habitat beneficial to game birds, song birds, and pollinators. Plantings should be deer-resistant. Buffers shall consist of a diverse selection of native tree and shrub species to create a hedgerow or other appropriate habitat structure. Evergreen tree plantings may be required to properly screen portions of the site. Plantings shall be no more than eight feet apart and at least four feet tall at time of planting. The buffer shall obtain a height of at least 10 feet within five growing seasons. Opaque architectural fencing may be used to supplement other screening methods but shall not be the primary method. The vegetation management plan shall ensure that any landscaping and trees that die off will be replaced by the following growing season with the approved plantings from the screening and landscape plan.

[b] Solar energy system plantings. Within the solar energy system (i.e., within the fence) the plan must provide for ground cover and other plantings consisting of native, pollinator friendly plants. Within a reasonable time period after 12 months of seeding, an evaluation shall be conducted to ensure target species are establishing and any invasive species of plants are removed.

[c] Invasive species. Invasive species shall not be planted as part of the landscape buffer or solar energy system plantings.

[4] Power collection. All on-site utility, distribution, and transmission lines are, to the maximum extent practicable, to be placed underground.

[5] Agricultural resources. Any large-scale solar energy systems located on parcels containing designated farmland shall be located on no more than 50% of the designated farmland present on the parcel. If contiguous participating properties containing large-scale solar energy systems are present, the collective parcels shall be treated as one parcel for the purposes of the designated farmland location requirement of this subsection.

[6] All large-scale solar energy systems shall be required to comply with an approved agricultural integration plan, or the creation of native pollinator habitat as set forth in NYS Agriculture and Markets NYS Utility Corridor Pollinator Habitat Guidelines, as may be updated and/or replaced by NYS Agriculture and Markets.

[7] To the maximum extent practicable, large-scale solar energy systems located on designated farmland shall be constructed and decommissioned in accordance with the construction requirements of the New York State Agriculture and Markets Solar Energy Project Guidance.

[8] Preservation. Existing on-site vegetation shall be preserved to the maximum extent practicable. The removal of existing noninvasive trees greater than six inches in diameter at breast height (DBH) shall be minimized to the maximum extent possible. To verify compliance with this requirement, the Town Board and/or Planning Board may require that all trees six inches DBH and greater be individually mapped and depicted on the site plan. Clear-cutting of all native and noninvasive trees in a single contiguous area exceeding 20,000 square feet shall be prohibited except where necessary in order to construct an access road outside the fence.

[9] Site disturbance, including, but not limited to, grading, soil removal, excavation, soil compaction, and tree removal, shall be minimized to the maximum extent practicable. The siting of a large-scale solar energy system shall take advantage of natural topography and vegetative screening. The facility should be located at a lower elevation on the property if practicable. Forested sites shall not be deforested to construct a large-scale solar energy facility.

[10] Architectural compatibility. All appurtenant structures, including, but not limited to, equipment shelters, battery energy storage and general facilities, transformers and substations, shall be architecturally compatible with each other and to the maximum extent possible, shielded from the view of persons not on the parcel by existing vegetation or plantings and/or joined or clustered to reduce visual impacts. These structures shall consist of, to the extent reasonably possible, materials, colors and textures that blend the facility into the surround property and scenery. Structures should be designed to be architecturally compatible with each other, and if possible, shielded from view by existing vegetation or plantings and/or joined or clustered to reduce visual impacts.

[11] Fencing. All large-scale solar energy systems shall be enclosed by fencing a minimum of six feet high and a maximum of eight feet high, to prevent unauthorized access, or of a height as otherwise required by the National Electric Code. Perimeter fencing shall allow for the movement of small wildlife by using fixed-knot woven wire or other wildlife friendly fencing. Barbed wired fencing is prohibited. Fencing for mechanical equipment, including a structure for storage batteries, may be seven feet high and otherwise be constructed in compliance with the National Electrical Code. This section shall supersede other height requirements contained in this chapter.

[12] Utility connections. Utility lines and connections for a large-scale solar energy system shall be installed underground, unless otherwise determined by the Town Board for reasons that may include poor soil conditions, topography of the site, and consideration of the utility provider's engineering requirements. Electrical transformers for utility interconnections may be aboveground if required by the utility provider.

[13] Glare. All large-scale solar energy systems shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties, roads or from impacting aircraft flight path as provided in Federal Aviation Administration guidance. Exterior surfaces of roof- and ground-mounted collectors and related equipment shall have a nonreflective finish and shall be color-coordinated to harmonize with roof materials and other dominant colors of the structure. The applicant shall demonstrate that any glare produced does not have significant adverse impact on neighboring properties or roadways.

[14] Lighting of solar energy systems shall be consistent with state and federal law. Lighting of appurtenant structures shall be limited to that required for safety and operational purposes and shall be reasonably shielded from abutting properties. Lighting of the solar photovoltaic installation shall be directed downward, shall incorporate full cutoff fixtures to reduce light pollution, and shall be dark sky-compliant unless otherwise determined by the Town Board and/or Planning Board.

[15] Access and parking. A road and parking shall be provided to assure adequate emergency and service access. Maximum use of existing roads, trails, or other accessways, public or private, shall be made. The amount of land clearing and disturbance needed to construct the road and parking shall be minimized to the maximum extent practical. There shall be two parking spaces or the number of parking spaces needed to accommodate the maximum number of anticipated maintenance personnel to be present at the large-scale solar energy system at one time, whichever is greater, to be used in connection with the maintenance of the large-scale solar energy system. Such parking spaces shall not be used for the permanent storage of vehicles.

[16] Noise levels from the large-scale solar energy system will comply with the noise limits for solar energy facilities contained in the New York Office of Renewable Energy Siting regulations at 19 NYCRR 900-6.5(b) by implementing the design required by 19 NYCRR 900-2.8, except that the standards applicable to existing nonparticipating residences shall also be met for existing participating residences.

[17] Signage. The installation of a clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. Nonprohibited signage shall be designed and placed in accordance with governing regulations and/or according to Town requirements. Warning signs with the operator's and owner's contact information shall be placed on the entrance and perimeter of the property and of the large-scale solar energy system at locations acceptable to the Planning Board. Solar energy equipment shall not be used for displaying any advertising. All signs, flags, streamers or similar items, both temporary and permanent, are prohibited on solar energy equipment except:

[a] Manufacturer's or installer's identification;

[b] Appropriate warning signs and placards. The installation of a clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations;

[c] Signs that may be required by an authority having jurisdiction agency; and

[d] Signs that provide a twenty-four-hour emergency contact phone number and warning of any danger.

[18] Surface area. The total surface area of the solar energy equipment system shall not exceed 60% of the total parcel area. If contiguous participating properties containing solar energy systems are present, the collective parcels may be treated as one parcel for the purposes of the surface area requirements of this subsection.

[19] Stormwater management. The installation of new impervious surface is discouraged. The design shall incorporate to the maximum extent practicable permeable pavements, green infrastructure, and other low-impact design elements. A stormwater management maintenance agreement shall be required for any required permanent post-construction stormwater management facilities. Stormwater management must conform to Town MS4 and NYSDEC standards, including but not limited to the NYSDEC SPDES General Permit for Stormwater Discharges from Construction Activity, latest edition, if applicable.

[20] Wildlife habitat and movements conservation. Existing trees, wetlands, or other vegetation that link open areas should be preserved as wildlife cover. The operator shall identify a wildlife movement corridor for wildlife to navigate through the large-scale solar energy system, which proposed wildlife corridor shall be shown on the site plan. Areas between fencing shall be kept open to allow for the movement of migratory animals and other wildlife.

(d) Standards for Planning Board's large-scale solar energy system special use permit application decision. In addition to the site plan approval standards of § 57-55, Special use permits, of this chapter, approval of the special use permit application requires that the Planning Board find:

[1] That the proposed large-scale solar energy system protects adjacent land uses will not adversely affect the existing character of the neighborhood in which the large-scale solar energy system would be located, and will not adversely affect surface waters, wildlife and wildlife movement, forests, wetlands, and other important natural resources on the site.

[2] The proposed large-scale solar energy system is in harmony with local laws of the Town and complies with the design standards and other requirements of this chapter and applicable safety and safety-related codes and requirements.

[3] The operation of the large-scale solar energy system would not create significant adverse impacts to human health and the environment.

[4] The visual assessment demonstrates that the large-scale solar energy system will not have a detrimental effect on the public's use, enjoyment or view of a significant place, view, scenic roadway, or historic structure, nor the Town's rural character, as appropriate.

[5] No large-scale solar energy system shall be located within a reasonable radius of an existing or permitted large-scale solar energy system.

(e) The large-scale solar energy system approval shall include appropriate conditions to mitigate adverse impacts of the solar energy system, including, but not limited to:

[1] Compliance with the approved landscaping plan, vegetation management plan, and operations and maintenance plan.

[2] Prior to the issuance of a building permit, the operator shall provide a copy of all necessary titles to or leasehold interests in the facility, including ingress and egress access to public streets, and such deeds, easements, leases, licenses, or other real property rights or privileges as are necessary for all interconnections for the facility.

[3] Initial site-specific training must be provided for the Building Inspector, fire department, emergency response, East Greenbush Police Department, and Rensselaer County emergency management system. Subsequent annual training to be similarly provided in the discretion of the above parties. Expenses for such training shall be covered by the operator.

[4] The decommissioning plan shall run to the benefit of the Town of East Greenbush and be executed by the operator as well as the owners and such signatures shall be notarized in a format that allows the plan to be recorded at the Rensselaer County Clerk. This document shall be recorded as an irrevocable deed restriction indexed against the property upon which the solar energy system is to be constructed.

[5] Large-scale solar energy system construction-related damage. The operator of any permitted large-scale solar energy system shall, repair or replace all real or personal property, public or private, damaged as a result of the large-scale solar energy system construction.

[6] Site access shall be maintained to a level acceptable to the local fire department and emergency medical services. All means of emergency shut down and/or disconnection of the large-scale solar energy system shall be clearly marked.

[7] The operator shall be responsible for the cost of maintaining the large-scale solar energy system and any access road(s), unless accepted as a public way.

[8] The operator shall identify a responsible person with contact information for public inquiries from the commencement of construction of the large-scale solar energy system until the completion of the decommissioning plan. Changes to the identity of the responsible person shall be submitted no later than the time all required reporting is due.

[9] The operator is responsible to provide the Town of East Greenbush with a current written list of all chemicals used for maintenance and operation of the solar energy system (e.g., pesticides, herbicides, cleaners). This list shall include quantity and frequency of application of each of these chemicals. This list shall be provided as part of the application; any modifications to the list once the system is in operation shall be set forth in the annual report required under Subsection G(5)(a)(21). The operator shall be liable for a civil penalty of not more than $500 for each day or part thereof during which violation of the requirements of this subsection continues. The civil penalties provided by this subsection shall be recoverable in an action instituted in the name of the Town of East Greenbush.

[10] The operator shall secure and maintain public liability insurance from the commencement of construction of the solar energy system until the completion of the decommissioning plan, as follows:

[a] Commercial general liability covering personal injuries, death and property damage: $1,000,000 per occurrence ($2,000,000 aggregate), which shall specifically include the Town of East Greenbush and its officers, employees, board members, attorneys, agents and consultants as additional named insured.

[b] Umbrella coverage: $5,000,000.

[c] The insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the state and with at least a Best's rating of "A."

[d] The insurance policies shall contain an endorsement obligating the insurance company to furnish the Town of East Greenbush with at least 30 days' prior written notice in advance of cancellation.

[e] Renewal or replacement policies shall be delivered to the Town of East Greenbush at least 15 days before the expiration of the insurance that such policies are to renew or replace.

[f] No more than 15 days after the grant of the permit and before construction is initiated, the permit holder shall deliver to the Town of East Greenbush a copy of each of the policies or certificates representing the insurance in the required amounts.

[g] A certificate of insurance that states that it is for informational purposes only and does not confer sufficient rights upon the Town of East Greenbush shall not be deemed to comply with this chapter.

(6) Modification of requirements.

(a) Modification of requirements for large-scale solar energy systems. Except as provided for in Subsection B of this section, where the Planning Board finds that a proposed large-scale solar energy system would comply with the spirit of Subsection G(5), or that compliance with Subsection G(5) would cause unusual hardship or extraordinary difficulties because of exceptional and unique conditions of topography, access, location, shape, size, drainage or other physical features of the site, the minimum requirements of Subsection G(5) may be modified by specific resolution of the Planning Board to mitigate the hardship, provided that the public interest is protected and the development is in keeping with the general spirit and intent of Subsection G(5) and other Town requirements. Any such modification of specific requirements stated within Subsection G(5), except for modifications solely related to procedure, shall be preceded by recommendation to, and concurrence by, the Town Board.

(b) Modification and/or waiver of requirements for large-scale solar energy system as co-use. The Planning Board may upon making findings of fact as to their specific applicability to a proposed co-use large-scale solar energy system, modify and/or waive the requirements of this section. Said findings of fact shall include, but not be limited to, discussion of the proposal in relation to the requirements of this section with regard to the nature of the site, the neighborhood in which the site is located, the degree to which the co-use large-scale solar energy system promotes the purpose and intent of this chapter, and other relevant information used in making its determination. The intent of this provision is to provide a more streamlined process for co-use large-scale solar energy systems.

(7) Decommissioning and removal.

(a) Security for decommissioning.

[1] The operator shall place with the Town of East Greenbush an acceptable letter of credit, performance bond, or other form of security reasonably acceptable to the Town Attorney and Town Engineer that is sufficient to cover the cost of implementing the decommissioning plan. The amount of the letter of credit or other security shall be in the amount of 150% of the estimated cost of implementing the approved decommissioning plan. The estimated cost of implementing the decommissioning plan will be certified by a licensed professional engineer and reviewed by the Town Engineer. The financial security shall include an auto extension provision, be nonterminable, and be issued by an A-rated institution solely for the benefit of the Town. The salvage value of the solar energy equipment shall not be accounted for in the estimated cost of implementing the decommissioning plan. The financial security shall be updated every third year thereafter specifying changes to the estimated cost of implementing the decommissioning plan. No other parties, including the owner and/or landowner shall have the ability to demand payment under the letter of credit or surety bond.

[2] The Town of East Greenbush shall use this security to assure the faithful performance of the decommissioning plan. The full amount of the security shall remain in full force and effect until the decommissioning plan has been fully implemented.

[3] The security for implementing the decommissioning plan shall not be released until the Town Engineer has confirmed that the approved decommissioning plan has been fully implemented and is satisfied that any road damage identified during and after decommissioning that is caused by the operator and/or one or more of its contractors or subcontractors has been repaired or reconstructed to the satisfaction of the NYSDOT, Rensselaer County, and/or Town of East Greenbush Department of Public Works at the operator's expense. In addition, the operator shall pay for all costs related to work of the NYSDOT, Rensselaer County, and/or Town of East Greenbush Department of Public Works (as appropriate) inspection prior to receipt of the release of the surety. Upon written certification that decommissioning has been completed, the owner and/or landowner may petition the Town Board to terminate the letter of credit, surety bond, or other required financial security. Upon request by the operator and/or the owner/landowner, the Town Engineer and Building Inspector shall recommend to the Town Board that the financial security be released. The Town Board shall have the sole discretion to release the security.

(b) Decommissioning and removal.

[1] A large-scale solar energy system that fails to generate and transmit electricity at a rate of more than 10% of its rated capacity over a period of 12 consecutive months shall be deemed to be abandoned. The Town Board may, after holding a public hearing on notice to the owner and operator of the system and site owner, determine that the system shall be decommissioned on an approved time schedule. The decommissioning and removal of a large-scale solar energy system shall consist of:

[a] Physical removal of the large-scale solar energy system from the lot to include, but not be limited to, all aboveground and below-ground equipment, structures and foundations, fences, electric transmission lines and components, roadways and other physical improvements to the site;

[b] Restoration of the ground surface and soils to its preinstalled condition, including grading and vegetative stabilization to eliminate any negative impacts to surrounding properties and in accordance with New York State Agriculture and Markets Solar Energy Project Guidance;

[c] Disposal of all solid and hazardous waste in accordance with local, state and federal waste disposal regulations, and certification of proper removal and disposal as required by the NYS Department of Environmental Conservation or other government agency;

[d] Stabilization and revegetation of the site with native seed mixes and/or plant species (excluding invasive species) to minimize erosion and in accordance with New York State Agriculture and Markets Solar Energy Project Guidance;

[e] For areas previously used for agricultural production, removal of concrete piers, footers, or other supports to a depth of 48 inches below the soil surface; and removal of access roads, unless otherwise specified by the owner and subject to approval during site plan review. Restoration preformed shall be according to the NYS Agriculture and Markets Solar Energy Project Guidance, by recommendations of the owner, the Soil and Water Conservation District, the Town Engineer, the Department of Agriculture and Markets, and/or other qualified entity.

[2] Decommissioning and removal by the Town. If the large-scale solar energy system owner and/or landowner fail to decommission and remove an abandoned facility in accordance with the requirements of this section, the Town may enter upon the property to decommission and remove the system.

[a] Procedure.

[b] Upon a determination by the Town Board that a large-scale solar energy system has been abandoned, the Building Inspector shall notify the system owner and operator, and property owner by certified mail: a) in the case of a facility under construction, to complete construction and installation of the facility within 180 days; or b) in the case of a fully constructed facility that is operating at a rate of less than 10% of its rated capacity, to restore operation of the facility to no less than 80% of rated capacity within 270 days, or the Town will deem the system abandoned and commence action to revoke the special use permit and require removal of the system.

[c] Being so notified, if the system owner, landowner and/or permittee fails to perform as directed by the Building Inspector within the 270-day period, the Building Inspector shall notify the system owner, landowner and permittee, by certified mail, that the large-scale solar energy system has been deemed abandoned and the Town intends to revoke the special use permit within 60 days of mailing the notice. The notice shall also state that the permittee may appeal the Building Inspector's determination of abandonment to the Planning Board and request a public hearing.

[d] The appeal and request for hearing shall be made and received by the Building Inspector within 60 days of mailing notice. Failure by the permittee to submit an appeal and request for hearing within the sixty-day period shall result in the special use permit being deemed revoked as stated herein.

[e] In the event the permittee appeals the determination of the Building Inspector and requests a hearing, the Planning Board shall schedule and conduct the hearing within 60 days of receiving the appeal and request. In the event a hearing is held, the Planning Board shall determine whether the large-scale solar energy system has been abandoned, whether to continue the special use permit with conditions as may be appropriate to the facts and circumstances presented to the Planning Board, or whether to revoke the permit and order removal of the large-scale solar energy system.

[f] Upon a determination by the Building Inspector or Planning Board that a special use permit has been revoked, the decommissioning plan must be implemented and the system removed within one year of having been deemed abandoned, or the Town may cause the removal at the owner and/or landowner's expense. If the owner and/or landowner fail to fully implement the decommissioning plan within one year of abandonment, the Town may collect the required security and use said funds to implement the decommissioning plan.

[g] Removal by the Town and reimbursement of Town expenses. Any costs and expenses incurred by the Town in connection with any proceeding or work performed by the Town or its representatives to decommission and remove a large-scale solar energy system, including legal costs and expenses, shall be reimbursed from the financial surety posted by the system owner or landowner as provided in Subsection G(7)(a) of this section. Any costs incurred by the Town for decommissioning and removal that are not paid for or covered by the required surety, including legal costs, shall be assessed against the property, shall become a lien and tax upon said property, shall be added to and become part of the taxes to be levied and assessed thereon, and shall be enforced and collected, with interest, by the same officer and in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town.

(8) Permit time frame; abandonment.

(a) Permit time frame. The special use permit and site plan approval for a solar energy system shall be valid for a period of 24 months, provided that a building permit is issued for construction and construction is commenced. In the event construction has not commenced in accordance with the final site plan, as may have been amended and approved, as required by the Town Board and/or the Planning Board, the Town Board may extend the time to complete construction for up to two consecutive extensions each of 12 months. If the owner and/or operator fails to commence construction and/or obtain a building permit after 48 months, the approvals shall expire. If the owner or operator fails to perform substantial construction within 36 months of commencement of construction, the Town may notify the owner or operator to implement the decommissioning plan. In such instance, the decommissioning plan must be completed within 150 days of notification by the Town.

(b) Upon notification by the operator, made to the Building Inspector by certified mail, of the proposed date of discontinued operation of the solar energy system, or by cessation of activity of a constructed facility for a period of one year, the Town may notify the operator that the operator must implement the decommissioning plan within 150 days.

(c) If the owner or operator of the facility fails to fully implement the decommissioning plan within the required time frame, the Town may, at its discretion, implement the decommissioning plan and may recover all of the expenses incurred for such activities from the defaulted owner or operator, or, at the Town's sole discretion, from any financial security made with the Town as set forth herein. The operator and the owner of the real property on which the solar energy system is located shall be jointly and separately liable for all costs and expenses of the Town incurred during and relating to the removal of the solar energy system pursuant to the decommissioning plan. Notwithstanding the foregoing, the Town shall first attempt to secure payment for such costs and expenses from the security made with the Town as set forth herein. In the event the costs incurred by the Town to implement the decommissioning plan are not obtained from the security, the Town shall next attempt to secure payment for such costs and expenses from the operator; however, in the event the Town is not made whole following reasonable attempts to collect such costs and expenses from the operator of the installation, the Town reserves all rights to pursue payment for such costs and expenses from the owner of the real property on which the installation in question is located. Such costs shall be assessed against the property, shall become a lien and tax upon the property, and shall be enforced and collected with interest by the same officer and in the same manner as other taxes. Legal counsel of the Town 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 the cost of such work, 9% interest per annum, plus a penalty of 9% of the amount due plus attorney's fees and costs incurred by the Town for the removal work and filing the claim.

(d) With the consent of the owner, the Building Inspector, with the concurrence from the Town Engineer and the Planning Board, may allow the operator to implement the decommissioning plan while allowing the landscaping to remain.

(9) Nonconformance.

(a) If a building-mounted large-scale solar energy system is to be installed on any building or structure that is nonconforming because its height violates the height restrictions of the zoning district in which it is located, the building-mounted system may be permitted, so long as the building-mounted system does not extend above the peak or highest point of the roof to which it is mounted and so long as it complies with the other provisions of this section.

(b) If a building-mounted large-scale solar energy system is to be installed on a building or structure on a nonconforming property that does not meet the minimum setbacks required and/or exceeds the lot coverage limits for the zoning district in which it is located, a building-mounted system shall be permitted, so long as there is no expansion of any setback or lot coverage nonconformity and so long as it complies with the other provisions of this section.

(10) Project ownership; transfer.

(a) If the operator changes, the special use permit and/or site plan approval shall remain in effect, provided that the successor operator assumes in writing all of the obligations of the special use permit, site plan approval, and decommissioning plan. The new operator shall notify the Building Inspector and the Town Board of such change within 30 days of the change. The new operator must provide such notification to the Building Inspector and the Town Board in writing. The special use permit and all other local approvals for the solar energy system shall become void if a new operator fails to provide written notification to the Building Inspector in the required time frame. Reinstatement of a void special use permit will be subject to the same review and approval processes for new applications under this chapter.

(11) PILOT agreement.

(a) Where the large-scale solar energy system is designed, installed, and operated so that the anticipated annual total amounts of electrical energy generated exceed the anticipated annual total electricity consumed on the property by more than 110%, the operator shall be required to enter into an agreement for a payment in lieu of taxes (PILOT) with the Town pursuant to Real Property Tax Law § 487. This PILOT agreement shall be drafted by the Town Attorney in consultation with the Town Assessor and Town Supervisor.

(b) No building permit shall be issued or construction commenced for a solar energy system requiring a PILOT until such time as the PILOT agreement has been executed by all parties and recorded at the office of the Rensselaer County Clerk.

(c) The PILOT shall run to the benefit of the Town of East Greenbush and be executed by the operator and the owners of the real property upon which the solar energy system is to be located and such signatures by notarized in such a way that allows the PILOT agreement to be recorded at the office of the Rensselaer County Clerk. Prior to commencement of construction, the PILOT agreement shall be recorded at the office of the Rensselaer County Clerk as a lien on the property and indexed against the property/properties upon which the solar energy system is to be constructed. The intent of the above provisions is so that should the operator of the solar energy system default with regard to such PILOT agreement, that such obligation will become the responsibility of the then owner of the property upon which the solar energy system is sited and that failure to satisfy the terms of such agreement will permit the Town of East Greenbush to enforce such agreement as against the owner.

(d) Community host agreement. Prior to issuance of a building permit for the solar energy system, the operator for which a large-scale solar energy system with a nameplate capacity of over one MW is to be developed shall enter into a community host agreement with the Town for payment by the operator to the Town of an agreed upon monetary amount or provision of a specific public improvement or improvements that shall act to offset the potential adverse impacts that may be associated with a solar energy system.

H. Safety.

(1) Prior to operation, electrical connections must be inspected by the Town Code Enforcement Official and by an appropriate electrical inspection person or agency, as determined by the Town.

(2) Any connection to the public utility grid must be approved by the appropriate public utility.

(3) Roof-mounted solar energy systems shall meet New York's Uniform Fire Prevention and Building Code standards.

(4) If solar storage batteries are included as part of the solar collector system, they must be placed in a secure container or enclosure meeting the requirements of the New York State Building Code when in use and, when no longer used, shall be disposed of in accordance with the laws and regulations of the Town and other applicable laws and regulations.

I. Abandonment and decommissioning.

(1) Large-scale solar energy systems are considered abandoned after six months without electrical energy generation and must be removed from the property within 90 days of written notice from the Code Enforcement Official. In order to confirm continual operation, the property owner shall submit annually, on the anniversary of the certificate of occupancy, documentation from the utility company showing electricity produced by the large-scale solar energy system. Failure to submit the proper documentation shall constitute evidence of abandonment of the large-scale solar energy system. Applications for time-extensions for technical reasons are reviewed by the Code Enforcement Official for a period of three months.

(2) Any special use permit issued as part of this chapter shall expire two years from the date of approval if the applicable solar energy system is not constructed within the two-year period.

J. Enforcement. Any violation of this section shall be subject to the same civil and criminal penalties provided for in Article IV of this chapter.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

K. Severability. The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision or phrase of the aforementioned sections as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision or phrase, which shall remain in full force and effect.

§ 57-58 Battery energy storage systems.

[Added 7-20-2022 by L.L. No. 4-2022]

A. Purpose and legislative intent. This section is adopted pursuant to Article IX of the New York State Constitution, § 2(c)(6) and (10), New York Statute of Local Governments, § 10(1) and (7); §§ 261 to 263 of the Town Law of the State of New York, which authorize the Town of East Greenbush to adopt zoning provisions that advance and protect the health, safety and welfare of the community.

B. Statement of purpose. This section is adopted to advance and protect the public health, safety, welfare, and quality of life in the Town of East Greenbush by creating regulations for the installation and use of battery energy storage systems, with the following objectives:

(1) To provide a regulatory scheme for the designation of properties suitable for the location, construction and operation of battery energy storage systems;

(2) To ensure compatible land uses in the vicinity of the areas affected by battery energy storage systems;

(3) To mitigate the impacts of battery energy storage systems on environmental resources such as important agricultural lands, forests, wildlife and other natural resources; and

(4) To create synergy between battery energy storage system development; and

(a) Promoting and managing new development in the Town's rural areas to protect resources and unique rural identity, create new places, and balance cost of providing public services;

(b) Ensuring growth occurs in a manner that preserves the quality of life and character of the community;

(c) Preserving and enhancing the character of existing neighborhoods and historic hamlets;

(d) Preserving and protecting key natural resources as well as protecting farmland and supporting an agricultural economy;

(e) Ensuring the availability of public facilities, infrastructure and services that adequately serve the present and future needs of East Greenbush;

(f) Utilize energy efficient and renewable energy technologies and attract alternative energy solutions to reduce greenhouse gas emissions.

C. Definitions. As used in this section, the following terms shall have the meanings indicated:

ANSI

American National Standards Institute.

BATTERY ENERGY STORAGE MANAGEMENT SYSTEM

An electronic system that protects energy storage systems from operating outside their safe operating parameters and disconnects electrical power to the energy storage system or places it in a safe condition if potentially hazardous temperatures or other conditions are detected.

BATTERY ENERGY STORAGE SYSTEM

One or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a stand-alone 12-volt car battery or an electric motor vehicle. A battery energy storage system is classified as a Tier 1 or Tier 2 battery energy storage system as follows:

(1) Tier 1 battery energy storage systems have an aggregate energy capacity less than or equal to 600 kWh and, if in a room or enclosed area, consist of only a single-energy storage system technology.

(2) Tier 2 battery energy storage systems have an aggregate energy capacity greater than 600 kWh, or are comprised of more than one storage battery technology in a room or enclosed area.

BATTERY ENERGY STORAGE SYSTEM, BUILDING-MOUNTED

A battery energy storage system attached to any part of a building or structure that has an occupancy permit on file with the Town, and that is either the principal structure or an accessory structure on a recorded parcel.

BATTERY ENERGY STORAGE SYSTEM, GROUND-MOUNTED

A battery energy storage system that is not a building-mounted battery energy storage system.

BATTERY ENERGY STORAGE SYSTEM PERMIT

The New York State Energy Research and Development Authority (NYSERDA) model battery energy storage system permit, as it may be updated from time to time, which establishes the minimum submittal requirements for electrical and structural plan review that are necessary when permitting small battery energy storage systems.

BATTERY(IES)

A single cell or a group of cells connected together electrically in series, in parallel, or a combination of both, which can charge, discharge, and store energy electrochemically. For the purposes of this section, batteries utilized in consumer products are excluded from these requirements.

CELL

The basic electrochemical unit, characterized by an anode and a cathode, used to receive, store, and deliver electrical energy.

COMMISSIONING

A systematic process that provides documented confirmation that a battery energy storage system functions according to the intended design criteria and complies with applicable code requirements.

DEDICATED-USE BUILDING

A building that is built for the primary intention of housing battery energy storage system equipment, is classified as Group F-1 occupancy as defined in the International Building Code, and complies with the following:

(1) The building's only use is battery energy storage, energy generation, and other electrical grid-related operations.

(2) No other occupancy types are permitted in the building.

(3) Occupants in the rooms and areas containing battery energy storage systems are limited to personnel that operate, maintain, service, test, inspect, and repair the battery energy storage system and other energy systems.

(4) Administrative and support personnel are permitted in areas within the buildings that do not contain battery energy storage systems, provided the following:

(a) The areas do not occupy more than 10% of the building area of the story in which they are located.

(b) A means of egress is provided from the administrative and support use areas to the public way that does not require occupants to traverse through areas containing battery energy storage systems or other energy system equipment.

ENERGY CODE

The New York State Energy Conservation Construction Code adopted pursuant to Article 11 of the Energy Law, as currently in effect and as hereafter amended from time to time.

FIRE CODE

The fire code section of the New York State Uniform Fire Prevention and Building Code adopted pursuant to Article 18 of the Executive Law, as currently in effect and as hereafter amended from time to time.

NATIONALLY RECOGNIZED TESTING LABORATORY (NRTL)

A U.S. Department of Labor designation recognizing a private sector organization to perform certification for certain products to ensure that they meet the requirements of both the construction and general industry OSHA electrical standards.

NEC

National Electric Code.

NFPA

National Fire Protection Association.

NONPARTICIPATING PROPERTY

Any property that is not a participating property.

NONPARTICIPATING RESIDENCE

Any residence located on nonparticipating property.

NON-DEDICATED-USE BUILDING

All buildings that contain a battery energy storage system and do not comply with the dedicated-use building requirements.

OCCUPIED COMMUNITY BUILDING

Any building in Occupancy Group A, B, E, I, R, as defined in the International Building Code, including but not limited to schools, colleges, day-care facilities, hospitals, correctional facilities, public libraries, theaters, stadiums, apartments, hotels, and houses of worship.

PARTICIPATING PROPERTY

A battery energy storage system host property or any real property that is the subject of an agreement that provides for the payment of monetary compensation to the landowner from the battery energy storage system owner (or affiliate) regardless of whether any part of a battery energy storage system is constructed on the property.

UNIFORM CODE

The New York State Uniform Fire Prevention and Building Code adopted pursuant to Article 18 of the Executive Law, as currently in effect and as hereafter amended from time to time.

D. Applicability.

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

(2) Battery energy storage systems constructed or installed prior to the effective date of this section shall not be required to meet the requirements of this section.

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

E. General requirements.

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

(2) Issuance of permits and approvals by the Planning Board shall include review pursuant to the State Environmental Quality Review Act.

(3) All battery energy storage systems, all dedicated-use buildings, and all other buildings or structures that:

(a) Contain or are otherwise associated with a battery energy storage system; and

(b) Subject to the Uniform Code and/or the Energy Code, shall be designed, erected, and installed in accordance with all applicable provisions of the Uniform Code, all applicable provisions of the Energy Code, and all applicable provisions of the codes, regulations, and industry standards as referenced in the Uniform Code, the Energy Code, and the Town Code.

F. Permitting requirements for Tier 1 battery energy storage systems.

(1) Building-mounted and ground-mounted Tier 1 battery energy storage systems shall be permitted in all zoning districts, subject to the Uniform Code and the battery energy storage system permit, and exempt from site plan review.

(2) Ground-mounted Tier 1 battery energy systems are permitted as accessory structures and are subject to the following requirements:

(a) The height of the ground-mounted Tier 1 battery energy storage system and any mounts shall not exceed 15 feet.

(b) The total surface area of the ground-mounted Tier 1 battery energy storage system on the lot shall not exceed 5% lot coverage.

(c) The ground-mounted Tier 1 battery energy storage system is not the primary use of the property.

(d) The ground-mounted Tier 1 battery energy storage system is located in a side or rear yard.

(e) The ground-mounted Tier 1 battery energy storage system shall comply with the minimum setbacks for accessory structures applicable to the zoning district in which the battery energy storage system is sited.

(f) The ground-mounted Tier 1 battery energy storage system shall be screened from adjacent residences through the use of architectural features, earth berms, landscaping, or other screening which will harmonize with the character of the property and surrounding area.

(3) Where site plan approval is required in accordance with § 57-72 of this chapter, the site plan review shall include review of the adequacy, location, arrangement, size, design, and general site compatibility of proposed ground-mounted Tier 1 battery energy storage system.

G. Permitting requirements for Tier 2 battery energy storage systems. Tier 2 battery energy storage systems are conditionally permitted through the issuance of a special use permit within the A-R (Agriculture-Residential), R-OS (Residential-Open Space), R-B (Residential-Buffer), O (Corporate Office Only), OC (Corporate Office/Regional Commercial), OI (Corporate Office/Light Industrial District), and CI (Coastal Industrial) Zoning Districts, and shall be subject to the Uniform Code and the site plan application requirements set forth in this section and those requirements set forth in this chapter, including § 57-55, Special use permits, and § 57-72, Site plan review and approval procedures. Tier 2 battery energy storage systems shall be considered a major site plan.

(1) Applications for the installation of Tier 2 battery energy storage system shall be reviewed by the Planning Board and Town Board in accordance with § 57-55, Special use permits, and § 57-72 of this chapter. An application shall be complete when it addresses all matters listed in this section and this chapter, including, but not necessarily limited to:

(a) Compliance with all applicable provisions of the Uniform Code and all applicable provisions of the Energy Code;

(b) Matters relating to the proposed battery energy storage system and floodplain, utility lines and electrical circuitry, signage, lighting, vegetation and tree-cutting, noise, decommissioning, site plan and development, special use and development, ownership changes, safety, and permit time frame and abandonment; and

(c) Section 57-55, Special use permits, of this chapter.

(2) Site plan application. In addition to the requirements set forth at § 57-55 of this chapter, the site plan application shall include the following information:

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

(b) A preliminary equipment specification sheet that documents the proposed battery energy storage system components, inverters and associated electrical equipment that are to be installed. A final equipment specification sheet shall be submitted prior to the issuance of building permit.

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

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

(e) Signage plan, screening and buffering plan, and lighting plan.

(f) Visual impact assessment. The applicant shall provide narrative, images, renderings, maps, and other materials to assist the Planning Board in determining potential visual impacts associated with the battery energy storage system. The visual impact assessment materials shall generally conform to NYSDEC Program Policy for Assessing and Mitigating Visual Impacts, in the discretion of the Planning Board.

(g) Commissioning plan. Such plan shall document and verify that the system and its associated controls and safety systems are in proper working condition per requirements set forth in the Uniform Code. Where commissioning is required by the Uniform Code, Battery energy storage system commissioning shall be conducted by a New York State (NYS) licensed professional engineer after the installation is complete but prior to final inspection and approval. A corrective action plan shall be developed for any open or continuing issues that are allowed to be continued after commissioning. A report describing the results of the system commissioning and including the results of the initial acceptance testing required in the Uniform Code shall be provided to Building Inspector prior to final inspection and approval and maintained at an approved on-site location.

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

(i) Operation and maintenance manual. Such plan shall describe continuing battery energy storage system maintenance and property upkeep, including any required vegetative screening and vegetative buffering, as well as design, construction, installation, testing and commissioning information and shall meet all requirements set forth in the Uniform Code.

(j) Compliance with Chapter 54, Article II, Erosion and Sediment Control, and NYSDEC requirements for stormwater management.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(k) Prior to the issuance of final approval, but not required as part of the application, engineering documents must be signed and sealed by a NYS licensed professional engineer.

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

[1] Procedures for safe shutdown, deenergizing, or isolation of equipment and systems under emergency conditions to reduce the risk of fire, electric shock, and personal injuries, and for safe startup following cessation of emergency conditions.

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

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

[4] Emergency procedures to be followed in case of fire, explosion, release of liquids or vapors, damage to critical moving parts, or other potentially dangerous conditions. Procedures can include sounding the alarm, notifying the fire department, evacuating personnel, deenergizing equipment, and controlling and extinguishing the fire.

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

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

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

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

(3) Special use permit approval standards. In addition to the special use permit standards of § 57-55 of this chapter, approval of the special use permit requires that the Planning Board find that the proposed battery energy storage system:

(a) Protects adjacent land uses;

(b) Has views minimized from adjacent properties to the extent reasonably practicable using architectural features, earth berms, landscaping, or other screening methods that will harmonize with the character of the property and surrounding area and not interfering with ventilation or exhaust ports; and

(c) Will not adversely affect the neighborhood.

(4) Site plan review and approval standards. In addition to the site plan review standards of § 57-72 of this chapter, approval requires conformance to the following minimum requirements:

(a) Utility lines and electrical circuitry. All on-site utility lines shall be placed underground to the extent feasible and as permitted by the utility provider.

(b) Signage.

[1] The signage shall be in compliance with ANSI Z535, or applicable federal, state, county, and/or Town standards, and shall include the type of technology associated with the battery energy storage systems, any special hazards associated, the type of suppression system installed in the area of battery energy storage systems, and twenty-four-hour emergency contact information, including reach-back phone number.

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

(c) Lighting. Lighting of the battery energy storage systems shall be limited to that minimally required for safety and security purposes only. The lighting design should incorporate lighting that is motion-sensor controlled, fully shielded, and downward casting, and full cutoff fixtures (dark sky compliant). Use of floodlights is discouraged. Lighting of other parts of the battery energy storage systems, such as appurtenant structures, shall be limited to that only required for safety and operational purposes.

(d) Vegetation and tree-cutting. Areas on each side of Tier 2 battery energy storage systems shall be cleared of combustible vegetation and other combustible growth. Cleared areas shall be only as needed for safety, security, and operational purposes and should not exceed 10 feet on each side. Single specimens of trees, shrubbery, or cultivated ground cover such as green grass, ivy, succulents, or similar plants used as ground covers shall be permitted to be exempt provided that they do not form a means of readily transmitting fire. Removal of trees should be minimized to the maximum extent practical. Clear-cutting of all native and noninvasive trees in a single contiguous area exceeding 20,000 square feet shall be prohibited except where the Tier 2 battery energy storage system is co-located with a large scale solar energy system approved to clear cut greater than 20,000 square feet. Forested sites shall not be deforested to construct a Tier 2 battery energy storage system.

(e) Security. Buildings must be protected from vehicle impact, including, but not limited to, protection provided by bollards.

(f) Secondary containment. To the extent permitted under Uniform Code, secondary containment shall be provided to contain any release of electrolyte or other hazardous materials.

(g) Noise. Noise levels from noise sources of battery energy storage systems will comply with the noise limits for substation and solar energy facilities contained in the New York Office of Renewable Energy Siting regulations at 19 NYCRR 900-6.5(b) by implementing the designed required by 19 NYCRR 900-2.8 except that the standards applicable to existing nonparticipating residences shall also be met for existing participating residences.

(h) Fencing requirements. Tier 2 battery energy storage systems, including all mechanical equipment, shall be enclosed by a fence with a minimum height of six feet and maximum height of eight feet, or of a height as otherwise required by the National Electric Code, with a self-locking gate to prevent unauthorized access unless housed in a dedicated-use building. The type and design of fencing shall be determined during site plan review. To the maximum extent practical, fencing shall allow for wildlife passage. The requirements of this section supersede other fencing requirements contained in this chapter.

(i) Height. Tier 2 battery energy storage systems shall not exceed 15 feet in height.

(j) Setbacks. Tier 2 battery energy storage systems shall comply with the setback requirements of the underlying zoning district for principal structures. Tier 2 battery energy storage systems shall be prohibited from the required setback areas of large-scale solar energy systems where such systems are co-located on a site.

(k) Lot coverage. The battery energy storage system shall be included in calculating maximum permitted building coverage for the applicable zoning district. Lot coverage shall mean the area formed by outermost perimeter of the footprint of all of the equipment and battery storage units including the clearance spaces between the individual equipment.

(l) Screening and visibility. A screening and landscaping plan prepared by a licensed landscape architect shall be provided. The screening and landscaping plan should demonstrate that the landscaped buffer will provide year-round screening so that to the maximum extent practicable the battery energy storage system is not visible from roadways and adjacent nonparticipating properties. In lieu of plantings, berms or existing vegetation may be used to satisfy all or a portion of the required landscaped screening. If the buffer utilizes vegetative planting, the plantings shall consist of evergreen trees or bushes as recommended by the landscape architect, planted no more than eight feet apart and at least four feet tall at time of planting. The Planning Board may require financial security for the maintenance of the landscaping plantings.

(5) The Tier 2 battery energy storage system approval shall include appropriate conditions to mitigate adverse impacts of the battery energy storage system, including, but not limited to:

(a) Prior to the issuance of a building permit, the operator shall provide a copy of all necessary titles to or leasehold interests in the facility, including ingress and egress access to public streets, and such deeds, easements, leases, licenses, or other real property rights or privileges as are necessary for all interconnections for the facility.

(b) The operator shall identify a responsible person with contact information for public inquiries from the commencement of construction of the battery energy storage system until the completion of the decommissioning plan.

(c) The operator is responsible to provide the Town of East Greenbush with a current written list of all chemicals used for maintenance and operation of the battery energy storage system (e.g., pesticides, herbicides, cleaners). This list shall include quantity and frequency of application of each of these chemicals.

(d) The operator shall secure and maintain public liability insurance from the commencement of construction of the battery energy storage system until the completion of the decommissioning plan, subject to the approval of the Town Attorney.

H. First responder training. In the discretion of the responding fire district, prior to issuance of a building permit, funding sufficient to provide training from an industry-recognized trainer or firm specializing in first response to battery energy storage system emergencies and other events requiring response by fire district, police, and/or other first responders, as may be determined by the Town, shall be provided in a form acceptable to the Town. The Town may, from time to time, require training of new personnel, and funding, or other mechanism to cause such training to be provided, as determined by the Town, shall be provided by the facility owner upon request by the responding fire district.

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

J. Decommissioning.

(1) Decommissioning plan. The applicant shall submit a decommissioning plan, developed in accordance with the Uniform Code, to be implemented upon abandonment and/or in conjunction with removal from the facility. The decommissioning plan shall include:

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

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

(c) The anticipated life of the battery energy storage system;

(d) The estimated decommissioning costs and how said estimate was determined;

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

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

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

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

(2) Decommissioning security. The owner and/or operator of the battery energy storage system, shall continuously maintain a fund or bond payable to the Town, in a form approved by the Town, for the removal of the battery energy storage system, in an amount to be determined by the Town, for the period of the life of the facility.

(a) All costs of the financial security shall be borne by the applicant. The owner shall place with the Town an acceptable letter of credit, performance bond, or other form of security reasonably acceptable to the Town Attorney and Engineer that is sufficient to cover the cost of implementing the approved decommissioning plan. The amount of the letter of credit or other security shall be in the amount of 150% of the estimated cost of implementing the decommissioning plan. The estimated cost of implementing the decommissioning plan will be certified by a licensed professional engineer and reviewed by the Town Engineer. The salvage value of the battery energy storage system equipment shall not be accounted for in the estimated cost of implementing the decommissioning plan. The financial security shall be updated every fifth year thereafter specifying changes to the estimated cost of implementing the decommissioning plan.

(b) The Town shall use this surety to assure the faithful performance of the decommissioning plan. The full amount of the bond or security shall remain in full force and effect until the decommissioning plan has been fully implemented.

(c) The surety for implementing the decommissioning plan shall not be released until the Town Engineer has confirmed that the approved decommissioning plan has been fully implemented.

(3) The decommissioning plan shall run to the benefit of the Town of East Greenbush and be executed by the operator as well as the owners, and such signatures shall be notarized in a format that allows the plan to be recorded at the Rensselaer County Clerk. This document shall be recorded as an irrevocable deed restriction indexed against the property upon which the battery energy storage system is to be constructed.

K. Safety.

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

(a) UL 1973 (Standard for Batteries for Use in Stationary, Vehicle Auxiliary Power and Light Electric Rail Applications);

(b) UL 1642 (Standard for Lithium Batteries);

(c) UL 1741 or UL 62109 (Inverters and Power Converters);

(d) Certified under the applicable electrical, building, and fire prevention codes as required.

(e) Alternatively, field evaluation by an approved testing laboratory for compliance with UL 9540 (or approved equivalent) and applicable codes, regulations and safety standards may be used to meet system certification requirements.

(2) Site access. Battery energy storage systems shall be maintained in good working order and in accordance with industry standards. Site access shall be maintained, including snow removal at a level acceptable to the responding fire department and, if the Tier 2 battery energy storage system is located in an ambulance district, the local ambulance corps.

(3) Battery energy storage systems, components, and associated ancillary equipment shall have required working space clearances, and electrical circuitry shall be within weatherproof enclosures marked with the environmental rating suitable for the type of exposure in compliance with NFPA 70 or other applicable standards, codes, and requirements.

(4) Emergency action plan. A copy of the approved emergency operations plan shall be given to the owner, the responding fire department(s), and Building Inspector. A permanent copy shall also be placed in an approved location to be accessible to facility personnel, fire code officials, and emergency first responders. The owner and operator are responsible for ensuring any updates to the approved emergency operations plan are provided to the above holders of the emergency operations plan, and for providing, and paying for, initial and annual training drills with the responding fire department(s) and other emergency first responders, in the discretion of the Town.

L. Permit time frames and abandonment.

(1) The special use permit and site plan approval for a battery energy storage system shall be valid for a period of 24 months, provided that a building permit is issued for construction and construction is commenced. In the event construction is not completed in accordance with the final site plan, as may have been amended and approved, as required by the Planning Board, within 24 months after approval, the Town may extend the time to complete construction, in its discretion. If the owner and/or operator fails to commence construction and receive a building permit after 48 months, the approvals shall expire. If the owner fails to perform, the Town may notify the owner to implement the decommissioning plan. In such instance, the decommissioning plan must be completed within 150 days of notification by the Town.

(2) The battery energy storage system shall be considered abandoned when it ceases to operate consistently for more than one year. A report of system operational characteristics for the prior calendar year must be provided to the Building Inspector within 30 days of the end of each calendar year. If the owner and/or operator fails to comply with decommissioning upon any abandonment, the Town may, at its discretion, enter the property and utilize the available bond and/or security for the removal of a Tier 2 battery energy storage system and restoration of the site in accordance with the decommissioning plan.

(3) With the consent of the owner of the real property on which the installation in question is located, the Building Inspector along with the Town Engineer and the Planning Board may allow the owner to implement the decommissioning plan while allowing the landscaping to remain.

M. Enforcement. Any violation of this section shall be subject to the same enforcement requirements, including the civil and criminal penalties, provided for in the zoning or land use regulations of Town.[1]

[1] Editor's Note: See § 57-62 of this chapter.

N. Severability. The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.