B.
In the R-MF and GMU Zoning Districts, accessory dwelling units may
be located in a principal or accessory structure, but shall not exceed
700 square feet when located in an accessory structure.
D.
All accessory dwellings must have continuous, permanent masonry foundation,
unpierced except for required ventilation and access installed under
the home. The foundation shall be aesthetically compatible with the
building.
E.
All accessory dwellings shall be connected to municipal water and
sewer.
F.
The accessory unit shall be entirely self-contained, with separate
cooking, sanitary and sleeping facilities for the exclusive use of
the accessory unit's occupant(s).
A.
Purpose. The purpose of these supplemental regulations is to mitigate
the potential secondary adverse effects that an adult use may have
on adjacent land uses and neighborhoods. Such activities may be deleterious
to the health, welfare and well-being of residents and could adversely
impact and endanger adjacent land uses. The purpose of this section
is to regulate the establishment of such adult use businesses within
close proximity of residentially zoned areas, Village boundaries,
schools, playgrounds, youth centers and religious institutions, and
to minimize said effects.
B.
General requirements.
(1)
No adult use shall be located within 100 feet of any existing residential
use owned area or municipal boundary.
(2)
No adult use shall be located within 300 feet from any religious
institution, school, park, playground, youth center or location where
children traditionally congregate.
(3)
No adult use shall be located within 500 feet of another such use.
(4)
Only one sign shall be permitted visible from the exterior of a building that is occupied by an adult use business, and such sign shall be no larger than six square feet, nor shall the sign consist of any material other than plain lettering. No sign shall have any photographic or artistic representations whatsoever thereon. All such signs shall be in compliance in all other respects with the sign regulations of Article IX.
(5)
All openings, entries, windows, doors, etc., to an adult use facility
shall be located, covered or screened in such a manner as to prevent
a view into the interior from any public place.
C.
Measurement of distances. For purposes of this section, measurements
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 for an adult use business to the nearest
property line of land upon which is situated a school, religious institution,
park, playing field, library or other recreational facility where
numbers of minors regularly congregate.
A.
Applicability. The following additional standards apply to the following
agricultural uses, whether they are the principal or an accessory
use on a lot.
B.
Animal husbandry.
(2)
In all instances, all animals shall be adequately housed, fenced
and otherwise maintained in a sanitary and safe manner so as, on the
finding of the Code Enforcement Officer, not to create a nuisance,
health or safety hazard to nearby property, property owners or inhabitants
of the neighborhood or the animals themselves.
(3)
The slaughtering of animals on-site is prohibited and is not part
of agriculture as defined in this chapter.
(4)
Keeping of chickens.
C.
Community gardens.
(1)
Compost materials shall be stored at least 10 feet from the property
line and in a manner that is not visible from adjacent property (shielded
from view by shrubbery or an enclosure), controls odor, prevents infestation
and minimizes runoff into waterways and onto adjacent properties.
For community gardens, waste shall be collected regularly by the municipality.
Gardeners shall ensure that containers are placed in a specified location
to assist the municipality in waste removal.
(2)
The following accessory uses and structures shall be permitted: sheds
for storage of tools, limited in size to 200 square feet, benches,
bike racks, raised/accessible planting beds, compost or waste bins,
picnic tables, fences, garden art and rain barrel systems.
D.
Greenhouses.
(2)
Commercial greenhouses.
(a)
A commercial greenhouse as a principal building shall only be
permitted in the TBL Zoning District.
(b)
Commercial greenhouses may be accessory uses and structures
in the GMU and CC Zoning Districts and shall only be located in the
rear yard. If the greenhouse is part of, or attached to, a primary
structure, the greenhouse portion of the structure shall be located
on the side or rear.
(c)
All greenhouses shall be evaluated for light pollution as part
of any permitting process and may require shades or prohibit use of
grow lights during certain times at the discretion of the Planning
Board and Code Enforcement Officer.
E.
Keeping of bees.
(1)
The number of hives is limited to two per 10,000 square feet of lot
area; no beehive shall be kept on lots smaller than 2,400 square feet
in area.
(2)
Ground-mounted beehives are permitted only in rear yards and must
be located a minimum of five feet from any lot line and 10 feet from
any dwelling.
(3)
All honeybee colonies must be kept in removable frame or top bar
hives.
(4)
When a beehive is located within 25 feet of a lot line, a flyway
barrier of a minimum of six feet in height is required, located within
five feet of the hive and extending at least two feet on either side
of the hive. The flyway barrier must be made of a fence, tarp or dense
vegetation to effectively prompt bees to fly at an elevation at least
six feet above ground level.
(5)
A convenient source of water must be available to the bees from March
1 through October 1.
F.
Aquaculture shall only be permitted in the TBL Zoning District.
A.
This section applies to any auto wash established as a permanent
use. This section does not apply to temporary auto wash activities
sponsored by schools, nonprofit organizations or groups for the purposes
of raising money for designated events.
B.
In addition to meeting the minimum yard and lot coverage requirements,
any auto wash establishment shall be subject to the following regulations:
(1)
Shall not be closer than 200 feet to a residential district.
(2)
In addition to meeting the motor vehicle off-street parking and loading requirements of § 325-55, shall provide five stacking spaces per bay on the lot to prevent the waiting of automobiles in the public street.
(3)
Ingress and egress shall be designed to minimize traffic congestion;
and for this purpose, the number and location of driveways shall be
subject to the explicit approval of the Planning Board as part of
site plan review.
(4)
The premises shall not be used for the sale, rent or display of automobiles,
trailers, mobile homes, boats or other vehicles unless one of these
uses is the permitted principal use on the lot and the auto wash is
an accessory use to that principal use.
A.
Purpose. The standards of this section for battery energy storage
system installation and usage have 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; and
(3)
To mitigate the impacts of battery energy storage systems on environmental
resources such as important agricultural lands, forests, wildlife
and other protected resources.
B.
BATTERY ENERGY STORAGE MANAGEMENT SYSTEM
BATTERY ENERGY STORAGE SYSTEM
(1)
(2)
BATTERY(IES)
CELL
COMMISSIONING
DEDICATED-USE BUILDING
(1)
(2)
(3)
(4)
(a)
(b)
NATIONALLY RECOGNIZED TESTING LABORATORY (NRTL)
NEC
NFPA
NON-DEDICATED-USE BUILDING
NONPARTICIPATING PROPERTY
NONPARTICIPATING RESIDENCE
OCCUPIED COMMUNITY BUILDING
PARTICIPATING PROPERTY
UL
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
One or more devices, assembled together, capable of storing
energy in order to supply electrical energy at a future time, not
to include a standalone twelve-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:
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.
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.
A single cell or a group of cells connected together electrically
in series, in parallel, or a combination of both, that can charge,
discharge and store energy electrochemically. For the purposes of
this section, batteries utilized in consumer products are excluded
from these requirements.
The basic electrochemical unit, characterized by an anode
and a cathode, used to receive, store and deliver electrical energy.
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.
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 Uniform Code, and complies with the following:
The building's only use is battery energy storage, energy
generation and other electrical grid-related operations.
No other occupancy types are permitted in the building.
Occupants in the rooms and areas containing battery energy storage
systems are limited to personnel that operate, maintain, service,
test and repair the battery energy storage system and other energy
systems.
Administrative and support personnel are permitted in areas
within the buildings that do not contain battery energy storage systems,
provided the following:
The areas do not occupy more than 10% of the building area of
the story in which they are located.
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.
A U.S. Department of Labor designation recognizing a private
sector organization to perform certification for certain products
to ensure they meet the requirements of both the construction and
general industry OSHA electrical standards.
National Electrical Code.
National Fire Protection Association.
All buildings that contain a battery energy storage system
and do not comply with the dedicated-use building requirements.
Any property that is not a participating property.
Any residence located on nonparticipating property.
Any building in Occupancy Group A, B, E, I, R, as defined
in the Uniform Code, including but not limited to schools, colleges,
day-care facilities, hospitals, correctional facilities, public libraries,
theaters, stadiums, apartments, hotels and houses of worship.
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.
Underwriters Laboratory, an accredited standards developer
in the United States.
C.
Applicability.
(1)
The requirements of this § 325-28 shall apply to all battery energy storage systems permitted, installed or modified in the Village after the effective date of this chapter, excluding general maintenance and repair.
(2)
Modifications to and 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 § 325-28.
(3)
Tier 1 battery energy storage systems shall be permitted as an accessory
use in all zoning districts when they are enclosed in a building and
are used to store energy for a principal use on the property. These
systems shall be subject to the Uniform Code and are exempt from Planning
Board review. Examples of Tier 1 systems include: a battery bank installed
in a residential garage to store energy collected from a dwelling's
solar panels; a battery bank installed in the basement of an institutional,
government or office building (e.g., university library, hospital,
government offices).
(4)
Tier 2 battery energy storage systems shall be permitted in the TBL
and E-C Zoning Districts with an approved special use permit and site
plan from the Planning Board, with the following exception:
(a)
No Tier 2 battery energy storage system shall be located within
200 feet of a residential lot located in an R-SF, R-MF, NMU, GMU,
DMU or MS Zoning District.
D.
General requirements.
(1)
A building permit shall be required for installation of all battery
energy storage systems.
(2)
All battery energy storage systems, all dedicated-use buildings as
defined in this section, and all other buildings or structures that
contain or are otherwise associated with a battery energy storage
system and subject to the Uniform Code and/or the Energy Code shall
be designed, erected and installed in accordance with all applicable
provisions of the Uniform Code, Energy Code and all applicable provisions
of the codes, regulations and industry standards as referenced in
the Uniform Code, the Energy Code and the Village Code.
E.
Special use/site plan application submission requirements. For a Tier 2 battery energy storage system, the special use permit and site plan applications shall be reviewed together by the Planning Board. In addition to the special use permit and site plan and application requirements of Articles XII and XIII, the following information shall be included:
(1)
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
overcurrent devices.
(2)
A preliminary equipment specification sheet that documents the proposed
battery energy storage system components, inverters and associated
electrical equipment that are to be installed. A final equipment specification
sheet shall be submitted prior to the issuance of a building permit.
(3)
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 for the final system installer shall be submitted
prior to the issuance of a building permit.
(4)
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 NYS-licensed
professional engineer after the installation is complete but prior
to final inspection and approval. A corrective action plan shall be
developed for any open or continuing issues that are allowed to be
continued after commissioning. A report describing the results of
the system commissioning and including the results of the initial
acceptance testing required in the Uniform Code shall be provided
to the Code Enforcement Officer or reviewing board prior to final
inspection and approval and maintained at an approved on-site location.
(5)
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.
(6)
Operation and maintenance manual. Such plan shall describe continuing
battery energy storage system maintenance and property upkeep, as
well as design, construction, installation, testing and commissioning
information, and shall meet all requirements set forth in the Uniform
Code.
(7)
Erosion and sediment control and stormwater management plans prepared
to NYS Department of Environmental Conservation standards, if applicable,
and to such standards as may be established by the Planning Board.
(8)
Prior to the issuance of the building permit or final approval by
the Planning Board, but not required as part of the application, engineering
documents must be signed and sealed by a NYS-licensed professional
engineer.
(9)
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 near the entrance of the facility to be accessible
to facility personnel, fire code officials and emergency responders.
The emergency operations plan shall include the following information:
(a)
Twenty-four-hour contact information of facility personnel and
system owners;
(b)
Procedures for safe shutdown, de-energizing or isolation of
equipment and systems under emergency conditions to reduce the risk
of fire, electric shock and personal injuries, and for safe start-up
following cessation of emergency conditions;
(c)
Procedures for inspection and testing of associated alarms,
interlocks and controls;
(d)
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;
(e)
Emergency procedures to be followed in case of fire, explosion,
release of liquids or vapors, damage to critical moving parts or other
potentially dangerous conditions. Procedures can include sounding
the alarm, notifying the fire department, evacuating personnel, de-energizing
equipment and controlling and extinguishing the fire;
(f)
Response considerations similar to a safety data sheet (SDS)
that will address response safety concerns and extinguishment when
an SDS is not required;
(g)
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;
(h)
Other procedures as determined necessary by the Village to provide
for the safety of occupants, neighboring properties and emergency
responders, including but not limited to periodic inspections by the
Code Enforcement Officer; and
(i)
Procedures and schedules to conduct drills and training for
local first responders on the contents of the plan and appropriate
response procedures.
(10)
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 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 prepared by an independent,
third-party NYS-licensed professional engineer, and a description
of 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.
F.
Development standards.
(1)
Downwind from residential areas. Tier 2 battery energy storage systems
shall be downwind from adjacent residential areas according to prevailing
wind patterns to minimize the risk of exposure to toxic chemicals
that may be released in the event of system failure.
(2)
Height. Tier 2 battery energy storage systems in a dedicated-use
building shall comply with the building height limitations for principal
structures of the underlying zoning district.
(3)
Setbacks. Tier 2 battery energy storage systems shall comply with
the setback requirements of the underlying zoning district for principal
structures.
(4)
Noise. The one-hour average noise generated from the battery energy
storage systems, components and associated ancillary equipment shall
not exceed a noise level of 60 dBA as measured at the outside wall
and/or the property line of any nonparticipating residence or occupied
community building. Applicants may submit equipment and component
manufacturers' noise ratings to demonstrate compliance. The applicant
may be required to provide operating sound pressure level measurements
from a reasonable number of sampled locations at the perimeter of
the battery energy storage system to demonstrate compliance with this
standard.
(5)
Fencing requirements. Tier 2 battery energy storage systems, including
all mechanical equipment, shall be enclosed by a six-foot-high solid
fence with a self-locking gate to prevent unauthorized access unless
housed in a dedicated-use building and not interfering with ventilation
or exhaust ports.
(6)
Screening and visibility. Tier 2 battery energy storage systems shall
have views minimized from adjacent properties to the extent reasonably
practicable using architectural features, earth berms, landscaping
or other screening methods that will harmonize with the character
of the property and surrounding area and not interfere with ventilation
or exhaust ports.
(7)
Vegetation and tree cutting. Areas within 10 feet on each side of
Tier 2 battery energy storage systems shall be cleared of combustible
vegetation and other combustible growth. Single specimens of trees,
shrubbery or cultivated ground cover, such as green grass, ivy, succulents
or similar plants used as ground covers, shall be permitted to be
exempt, provided that they do not form a means of readily transmitting
fire. Removal of trees should be minimized to the extent possible.
(8)
Hazardous waste containment. All Tier 2 electrochemical battery energy
storage systems in a dedicated-use building shall include an impermeable
foundation and containment perimeter to prevent hazardous waste from
contaminating surrounding land and water resources.
(9)
Lighting. Lighting of the battery energy storage systems shall be
limited to that minimally required for safety and operational purposes
and shall be reasonably shielded and downcast from abutting properties.
(10)
Signage.
(a)
A sign with twenty-four-hour contact information of facility
personnel and system owners shall also be posted near the front entrance
of the facility. The signage shall be in compliance with American
National Standards Institute I Z535 and shall include the type of
technology associated with the battery energy storage systems, any
special hazards associated, the type of suppression system installed
in the area of battery energy storage systems and twenty-four-hour
emergency contact information, including reach-back phone number.
(b)
As required by the NEC, disconnect and other emergency shutoff
information shall be clearly displayed on a light-reflective surface.
A clearly visible warning sign concerning voltage shall be placed
at the base of all pad-mounted transformers and substations.
(11)
Utility lines and electrical circuitry. All on-site utility
lines shall be placed underground to the extent feasible and as permitted
by the serving utility, with the exception of the main service connection
at the utility company right-of-way and any new interconnection equipment,
including without limitation any poles, with new easements and right-of-way.
Any utility lines installed above ground on agricultural land in a
NYS-certified Agricultural District shall provide a minimum clearance
of 18 feet as measured between the lowest point of the utility line
and finished grade so as to minimize interference with agricultural
equipment that may be used in the surrounding area. The installation
of guy wires should be avoided as they interfere with the operation
of agricultural equipment.
G.
Decommissioning fund. The owner and/or operator of the energy storage
system shall continuously maintain a fund or bond payable to the Village,
in a form approved by the Village, for the removal of a Tier 2 battery
energy storage system, in an amount to be determined by the Village,
for the period of the life of the facility. This fund may consist
of a letter of credit from a NYS-licensed financial institution. All
costs of the financial security shall be borne by the applicant.
H.
Safety standards for battery energy storage systems.
(1)
System certification.
(a)
Battery energy storage systems and equipment shall be listed by a
nationally recognized testing laboratory to UL 9540 (Standard for
Battery Energy Storage Systems and Equipment), with subcomponents
meeting each of the following standards as applicable:
[1]
UL 1973 (Standard for Batteries for Use in Stationary, Vehicle
Auxiliary Power, and Light Electric Rail Applications).
[2]
UL 1642 (Standard for Lithium Batteries).
[3]
UL 1741 or UL 62109 (Standard for Inverters and Power Converters).
[4]
Certified under the applicable electrical, building and fire
prevention codes as required.
(b)
Alternatively, field evaluation by an approved testing laboratory
for compliance with UL 9540 and applicable codes, regulations and
safety standards may be used to meet system certification requirements.
(2)
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.
(3)
Site access. Site access shall be maintained, including snow removal,
at a level acceptable to the local fire department and local ambulance
corps.
(4)
Emergency response training. Upon project completion and annually
for the life of the project, the applicant shall schedule and coordinate
emergency response training with facility personnel, fire code officials,
emergency responders, and allow the St. Lawrence County Emergency
Management Office to tour the battery energy storage system and review
implementation of the procedures outlined in the facility's emergency
response plan.
(5)
Emergency response equipment. In the event it is not available, the
applicant shall be responsible for purchasing equipment and materials
needed for emergency responders to implement procedures outlined in
the facility's emergency response plan. Items may include, but
are not limited to, air monitors, ventilators and fans, and fire suppression.
I.
Ownership changes. If the owner of a Tier 2 battery energy storage
system changes or the owner of the property changes, the special use
permit shall remain in effect, provided 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 Tier 2 battery energy storage system shall notify the Code
Enforcement Officer of such change in ownership or operator within
30 days of the ownership change. A new owner or operator must provide
such notification to the Code Enforcement Officer in writing. The
special use permit and all other local approvals for the battery energy
storage system shall be void if a new owner or operator fails to provide
written notification to the Code Enforcement Officer 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.
Permit time frame and abandonment.
(1)
The special use permit and site plan approval for a battery energy
storage system shall be valid for a period of 24 months, provided
that a building permit is issued for construction. 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 Village may extend the time to complete
construction for 180 days. If the owner and/or operator fails to perform
substantial construction after 36 months, the approvals shall expire.
(2)
The battery energy storage system shall be considered abandoned when
it ceases to operate consistently for more than one year. If the owner
and/or operator fails to comply with decommissioning upon any abandonment,
the Village 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.
A.
Applicability. The following excavation activities are permitted meeting the standards of Subsection B below with site plan approval; no other excavation or extraction operations are permitted:
(1)
Excavation operations from which fewer than 1,000 tons or 750 cubic
yards, whichever is less, of a mineral are removed for sale, exchange
or other use during a twelve-month period.
(2)
Excavation or grading operations that may exceed the removal of 1,000
tons or 750 cubic yards of material conducted solely in aid of on-site
development or agricultural activities and where an exemption from
a mined land reclamation permit for such activity has been approved
by the NYS Department of Environmental Conservation.
B.
Standards.
(1)
In addition to providing the data required of a plat subdivision per the subdivision regulations of Chapter 280, Subdivision of Land, § 280-11, a site plan shall be provided that includes all existing and proposed grades, stockpile, equipment storage areas, haul roads, and other information that the Planning Board finds prudent. A detailed engineer's report with sequencing narrative shall also be prepared before an application can be entertained.
(2)
Proper erosion and sediment controls shall be kept and maintained
in place continuously until stabilization is achieved per requirements
contained in the stormwater pollution prevention plan (SWPPP).
(3)
Removals shall take place during weekdays only from 7:30 a.m. to
5:00 p.m., excluding the following holidays: Christmas, New Year's
Day, Thanksgiving, Independence Day, Memorial Day and Labor Day.
(4)
On-site gravel and overburden will be utilized for all on-site construction
first, with excess material only being removed from the site.
(5)
Vehicular traffic should be limited to confined areas to avoid over-compaction
of potential recharge areas. Portions of these confined areas that
are not directly beneath proposed buildings and/or driveways shall
be adequately scarified to promote recharge. When reclaiming and/or
landscaping disturbed areas, only permeable soils shall be utilized.
Preventive measures must also be taken, per the SWPPP, to prevent
the migration of fine-grained materials, during and after construction,
into the recharge areas. It is recommended that revegetation occur
soon after removal and grading in an ongoing and concurrent manner,
especially if the areas in question are not planned to be reclaimed
by construction in the very near future.
(6)
No on-site screening or crushing of materials shall be allowed without
express written authorization by the Planning Board. A detailed site
plan showing the locations and specifications of any such proposed
equipment shall be submitted to the Planning Board in advance of considering
same.
(7)
The Planning Board may impose such conditions as it deems prudent
and reasonable to protect the general welfare of the community and
quality of project proposed. The Planning Board may also retain a
landscape architect, professional engineer or other specialists at
the applicant's expense to assist in reviewing and monitoring
such projects.
(8)
A surety bond may be required by the Planning Board to adequately
cover the cost of reclamation, to remedy violations and/or to repair
damage caused to local roads.
(9)
Topsoil sufficient for reclamation shall be stored in an approved
area on premises.
(10)
No on-site burial of any materials shall be allowed.
(11)
The processing of any materials, if so approved, shall be limited
to products produced on the premises.
(12)
Approvals may be withdrawn if any conditions of same are violated
after 30 days' written notice. Continuance of work after approvals
are withdrawn shall be a violation of Village Law.
A.
Due to potential impacts on traffic volume, vehicular and pedestrian
circulation and the environment, the following additional standards
are required for the permitting of drive-through windows.
(1)
Site location criteria. The site of the drive-through window shall
meet all of the following criteria:
B.
General design standards. All the following must be provided for
the primary use to be granted a building permit for a drive-through
window:
(1)
Lighting. All lighting on the exterior of the building shall be of
an indirect nature, emanating only from fixtures located under canopies
or hoods, under eaves of buildings and at ground level in the landscaping.
Freestanding pole lights shall not exceed a maximum height of 14 feet
and shall be so arranged and shielded that there shall be no glare
or reflection onto adjacent properties or public rights-of-way.
(2)
Signs should be placed and waiting lanes should be designed so that
waiting cars do not block sidewalks or public streets.
(3)
Landscaping, waiting-lane devices and overall design should not prevent
vehicles from safely and efficiently leaving waiting lanes.
(4)
Traffic circulation.
(a)
A traffic study addressing both on-site and off-site traffic
and circulation impacts is required.
(b)
Pedestrians should be able to enter the establishment from the
parking lot or sidewalk without crossing the waiting or exit lanes,
when practicable.
(c)
Waiting lanes shall accommodate the following number of cars
to be in a queue or stacked based on the use:
(d)
Waiting lanes shall be designed for the maximum length possible.
At a minimum, waiting lanes should accommodate average peak monthly
traffic flow, allowing 20 feet per vehicle. Applicants must provide
data about the peak flows of the business to determine the minimum
waiting needed.
(e)
The waiting lane shall be independent of any on-site parking,
parking maneuvering areas, public streets or traffic ways serving
other on- and/or off-site uses.
C.
Site plan requirements. In addition to the general requirements for
site plan review, drive-through window site plans must include the
following features:
The following standards shall apply to fences, walls and hedges
for all uses in all districts except agriculture, which shall be exempt.
B.
Location.
(1)
Fences located on properties in the MS Zoning District shall not
be located in the front yard. This provision applies to all sides
fronting a street on a corner lot.
(2)
Fences and freestanding walls shall be set back at least eight feet
from the street line of the pavement and 2 1/2 feet from the
interior edge of the sidewalk. Hedges greater than three feet in height
shall be set back eight feet from the street line of pavement.
(3)
Fences, freestanding walls and hedges greater than three feet in
height shall not be located within 20 feet of a street intersection
as measured from the street center line, except in the MS and DMU
Zoning Districts. The height of three feet shall be measured above
the curb level, if any, or above the existing road level. In no event,
however, shall a hazard to traffic be erected or maintained.
C.
Height.
(1)
No fence or freestanding wall shall exceed four feet in height, as
measured from the ground, in any front yard.
(2)
No fence or freestanding wall shall exceed six feet in height, as
measured from the ground, in any side or rear yard.
(3)
A maximum of 10 feet in height measured from the ground shall be
allowed to enclose a private or public tennis court, basketball or
sports courts, provided that the fence is semi-transparent, and provided
the fence is set back at least 10 feet from the property line.
D.
Materials and construction.
(1)
All fences and freestanding walls shall be installed so the finished
side shall face the adjoining lot, public rights-of-way and shared
private rights-of-way; all bracing shall be on the inside of the fence.
(2)
Barbed wire, electric fence, chicken wire, pallets, tires and plywood
shall not be used as a fencing material or as any part of a fence
visible from the public right-of-way. Construction fencing shall only
be utilized in association with a construction project with an open
building permit.
(3)
Retaining walls visible from the public right-of-way shall be faced
with masonry or other decorative screening, textures, design or landscaping
to minimize the blank appearance of walls and ensure compatibility
with existing structures.
(4)
All retaining walls four feet in height or greater, measured from
finished grade of the lowest side of the wall, shall require a set
of stamped plans and specifications by a licensed engineer or landscape
architect as required by the Uniform Code.
(5)
All fences, walls and hedges shall be maintained and, when necessary,
repaired or replaced.
A.
CANOPY
FUEL PUMP
PUMP ISLAND
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any structural protective cover that is not enclosed on any
of its four sides and is provided to designate a service area for
the dispensing or installation of gasoline, oil, antifreeze, headlights,
wiper blades and similar products.
Any device that dispenses automotive fuel and/or kerosene.
A fuel pump may contain multiple hoses or be capable of serving more
than one fueling position simultaneously.
A concrete platform measuring a minimum of six inches in
height from the paved surface on which fuel pumps are located.
B.
General standards.
(1)
A gasoline service station lot, fuel pump and/or fuel storage tanks
shall not be located within 2,500 feet of any municipal water wells
or other municipal water supply source. All fuel storage tanks shall
comply with all federal and state regulations.
(2)
No building, parking or service area shall be closer than 100 feet
to any existing residential structure located within the R-SF or R-MF
Zoning District, or any lot occupied by a school, hospital or religious
institution, or closer than 200 feet to the Grasse River as measured
at the mean high water mark.
(3)
The minimum distance between the boundary of the property where the
gasoline service station is located and the boundary of any other
property with said gas station shall be 300 feet. Measurement shall
be made with reference to the nearest respective lot lines.
(4)
All fuel pumps and pump islands shall be set back a minimum distance
of at least 30 feet from any right-of-way line or property.
(5)
Fuel pumps and canopied areas are preferred to be located between
the principal building and the side or rear lot line and not between
the building and the street. The Planning Board may waive this provision
if the applicant demonstrates there are practical difficulties with
the site for safe access, or the visual aesthetics would be improved
with a different configuration.
(6)
All permitted accessory services shall occur within enclosed buildings.
(7)
Principal buildings shall be oriented to the street.
(8)
Principal buildings and canopies should have pitched roofs.
(9)
Outdoor storage of motor vehicles is prohibited. Premises shall not
be used for the sale, rental or display of automobiles, recreational
vehicles, trailers, boats or other vehicles.
C.
Canopies.
(1)
Canopies shall not exceed 16 feet in height from finished grade to
the underside of the canopy.
(2)
Canopies shall be architecturally integrated with the principal building
and all other accessory structures on the site by use of the same
or compatible materials, colors and roof pitch.
(3)
Any lighting fixtures or sources of light that are a part of the
underside of the canopy shall be recessed into the underside of the
canopy so as not to protrude below the canopy ceiling surface more
than two inches to prevent glare from any point outside the area covered
by the pump.
(4)
Signage, including logos and trademarks, is prohibited on the canopy
or canopy supports. This prohibition does not include noncommercial
information located on support structures, provided the noncommercial
information is printed at the minimum size necessary to convey the
information.
(5)
Canopy banding with striping or color accents on the canopy or canopy
support structures is prohibited.
D.
Independent traffic study. An independent traffic study shall be
conducted by a professional consultant to assess the impact(s) of
the development's fuel pump component on pedestrian and vehicular
traffic, to include bicycles, horse-drawn buggies and handicapped
accessibility, both on and surrounding the development site, and an
acceptable plan shall be presented to deal with said impact(s). The
cost of the study shall be paid by the applicant.
A.
Purpose. The intent of regulations governing home occupations is
to protect the character of the surrounding neighborhood, particularly
adjacent residential uses, from intrusions and nuisances created by
operating businesses in a residential area, while recognizing the
needs of certain residents and the community benefits of allowing
certain types of work to be performed in the home. Customary and inconspicuous
businesses, such as accounting, clothing alterations, hair care, word
processing, consulting, drafting, telephone surveys or sales, graphic
design, photography, office uses, instruction, baking and arts and
crafts production are examples of home occupations that can usually
satisfy the minimum standards for home occupations.
B.
Minor home occupation. The following home occupation activities are
considered minor home occupations, provided that all persons engaged
in such activities reside on the premises:
(1)
Artists, such as but not limited to sculptors and composers.
(2)
Craft work, such as but not limited to woodworking, jewelry-making
and pottery.
(3)
Home offices with activities that may include receipt of mail and
the making and receiving of telephone calls or other routine office
work done exclusively by the dwelling unit resident related to a business
or organization, to the extent that nonresident visitors do not customarily
come to the property.
(4)
Telephone answering and message services.
C.
Major home occupation.
(1)
Permitted major home occupations as defined in this chapter include
activities that meet the standards below and are permitted to have
a limited number of employees and client visits to the residence.
(2)
Minimum requirements for a major home occupation. Major home occupations
shall comply with the following requirements:
(a)
No structure shall display or create outside the building any
evidence of the home occupation or profession, except such sign as
may be permitted under the sign requirements of this chapter. The
home occupation shall not significantly change the exterior appearance
of the residence, other than by the addition of the permitted signage.
(b)
Not more than one nonresident employee, whether full-time or
part-time, shall be employed in the home occupation. The employment
of a person to provide cleaning, landscaping or maintenance services
to the premises shall not be considered the employment of a full-time
or part-time nonresident employee with reference to the home occupation.
(c)
The home occupation shall be clearly incidental and secondary
to the principal use of the dwelling unit for residential purposes.
The establishment and conduct of the home occupation shall not change
the principal character or use of the dwelling unit involved.
(d)
The home occupation shall be conducted entirely within the primary
structure on the premises.
(e)
The home occupation shall utilize not more than 15% of the total
floor area of the primary structure on the premises.
(f)
Only one home occupation shall be conducted upon the premises. An exception from this requirement may be granted by the Planning Board upon a showing that the presence of proposed multiple-home occupations at a particular location, by their nature and operation, will not be hazardous or inconvenient to the neighborhood, nor conflict with the normal traffic of the neighborhood or otherwise be contrary to the purpose stated in this § 325-33. If an exception is granted, the Planning Board may impose reasonable conditions upon the operation of each of the permitted home occupations, consistent with the purpose of this section.
(g)
The home occupation shall produce no noise, vibration, glare,
objectionable fumes or odors, or electrical interference detectable
to normal sensory perception on adjacent lots.
(h)
Retail sales of products not produced on the premises shall
be prohibited, except for the sale of products incidental to services
offered by the home occupation.
(i)
No stock-in-trade shall be kept, or commodities sold, other
than incidental supplies necessary for and consumed in the conduct
of such home occupation. Inventory and supplies shall not occupy more
than 50% of the area permitted to be used as a home occupation.
(j)
No storage or display materials, goods, supplies or equipment
related to the operation of a home occupation shall be visible from
the outside of any structure located on the premises.
(k)
No mechanical equipment shall be used as part of the home occupation,
except such as may be used for domestic or household purposes, or
as deemed similar to power and type.
(l)
Such home occupation shall not require internal or external
alteration or invoke construction features not customarily in a dwelling.
(m)
No traffic shall be generated by such home occupation in greater
volume than would normally be expected in a residential neighborhood,
and any need for parking generated by the conduct of such home occupation
shall be met off the street and other than in a required front yard.
(n)
No business activities involving clients or customers on the
premises shall be conducted between the hours of 9:00 p.m. and 8:00
a.m.
D.
Prohibited home occupations. The following businesses are prohibited
as home occupations: automotive vehicle repair, body shop, machine
shop, welding shop, salvage yard, auto or vehicle sales, and commercial
outdoor storage or parking.
E.
Nontransferable permit. Notwithstanding other provisions of this
chapter, an approved zoning permit or special use permit for a home
occupation is not transferable from the holder to another person or
entity.
(1)
If a zoning permit or special use permit is held by the owner of
the property where a home occupation has been authorized, the permit
shall be void as of the date of the transfer of the owner's legal
or equitable interest in the property. For purposes of this provision,
a transfer of the owner's interest in the property by land contract
shall be considered a sale upon the execution of the land contract.
For purposes of this provision, a transfer of the owner's interest
in the property by deed shall be considered a sale upon transfer of
title.
(2)
If a zoning permit and/or special use permit is held by a lessee
of the property where such permit has been authorized, the permit
shall be void as of the date of the termination of the lease. For
the purpose of this section, a lease includes written and oral leases,
as well as month-to-month tenancies and tenancies for specific terms.
A.
Manufactured homes shall be located on individual lots as single-family
residential dwellings only.
B.
Manufactured home parks or courts are prohibited.
C.
Manufactured homes situated in the Village shall be subject to the
following requirements:
(1)
A manufactured home must bear the U.S. Housing and Urban Development
(HUD) seal.
(2)
A manufactured home must be placed parallel to the street.
(3)
All replacement and new manufactured homes must have continuous,
permanent masonry foundations, unpierced except for required ventilation
with access installed under the home. The foundation shall be aesthetically
compatible with the home and have the appearance of site-built construction.
(4)
All wheels, axles and towing devices must be removed from the manufactured
home.
(5)
Siding on a manufactured home must be nonmetallic and nonreflective,
e.g., wood, vinyl, log or cedar shakes.
(6)
The minimum roof slope of the manufactured home must be 3-12 pitch
and have eave projection of at least four inches.
A.
Mini-self storage unit structures shall be no more than one story
in height, and an exterior wall shall not exceed nine feet in height,
and the maximum building height shall be 15 feet.
B.
No building shall exceed 150 feet in length.
C.
Buildings must be constructed on a permanent foundation, and the
buildings must conform to the requirements of the NYS Uniform Code.
D.
No storage unit door shall face the road frontage.
E.
If more than one building, buildings shall be connected with an internal
vehicular circulation system with a minimum width of 24 feet.
F.
Mini self-storage unit facilities shall provide landscaping in accordance with § 325-54 along all lot lines adjacent to residentially developed property.
G.
Security fencing used to protect the facility shall be located on
the inside of the landscaping and screening.
A.
For all overnight storage parking associated with automotive repair uses, perimeter screening as prescribed in § 325-54, Landscaping and screening, shall be provided to screen the parking from the public right-of-way and/or neighboring residential uses.
B.
Outside storage or parking of any disabled, wrecked or partially
dismantled vehicle is not permitted for a period exceeding 60 days.
A.
The minimum living area shall be 600 square feet for all dwelling
units with at least one bedroom in a multifamily dwelling.
B.
The minimum living area shall be 480 square feet for an efficiency unit without a separate bedroom, except as provided in Subsection C below.
C.
For congregate senior citizen housing and residential care facilities,
the minimum floor area shall be 300 square feet for each bedroom the
dwelling unit provides.
A.
Purpose. The NMU Zoning District represents gateway areas and neighborhood
streets of important historic character. To encourage preservation
and continued use of these valuable buildings in an existing mixed-use
setting, conversion to nonresidential uses such as small-scale retail
and service businesses, offices and home occupations, which can be
located in existing structures historically more residential in nature
and blend with existing residential character, is permitted. Such
uses are also permitted on underutilized or vacant lots requiring
new construction to maintain the viability of these corridors and
neighborhoods.
B.
Permitted uses.
(1)
A number of nonresidential uses are permitted in the NMU Zoning District
as provided in Schedule A: Permitted Uses,[1] within a principal building in existence at the time adoption
of this chapter or as new construction on a vacant or underutilized
lot in existence at the time of adoption of this chapter.
[1]
Editor's Note: Schedule A is included as an attachment to
this chapter.
(2)
Existing principal buildings shall not be removed and replaced to
accommodate these nonresidential uses as the intent is to preserve
the existing character and historic context of the neighborhood.
(3)
The maximum area of any use noted with an asterisk (*) in Schedule
A: Permitted Uses, shall be 2,500 square feet of gross floor area.
A.
All outdoor storage areas shall be at least 20 feet from all property
lines.
B.
All outdoor storage areas shall be screened from the public right-of-way and adjacent properties pursuant to § 325-54, Landscaping and screening.
C.
Outdoor storage shall not be construed to include a junkyard or any
similar use and shall meet the requirements of other provisions in
the Village Code.
A.
Trucks, truck bodies, livestock trailers, semi-trailers, buses, house
trailers and recreational vehicles shall not be utilized for the storage
of property and are not considered lawful storage containers.
B.
Temporary portable storage containers used as part of an active renovation
or construction project, or which are necessitated by an unforeseen
and uncontrollable event, or to assist in moving into or out of a
property may be used temporarily but shall not be placed on the streets
or sidewalks or in front yards other than on a driveway. Such portable
storage containers shall not be placed on any property more than two
times per calendar year and not for more than 30 days at a time. The
Code Enforcement Officer may approve an extension of up to three months
for good cause shown.
C.
Lawful storage containers that are not temporary and/or associated with an activity as described in Subsection B above shall only be permitted on lots that are a minimum of two acres in size. Such storage containers shall only be located in the rear or side yard and shall not be visible, year-round, from the public right-of-way (street), or to adjacent properties.
A.
Definitions. Tier 1 and Tier 2 solar energy systems are defined under "solar energy system" in Article XVII, Definitions, of this chapter.
B.
Requirements for Tier 1 solar energy systems.
(1)
Permitting requirements.
(a)
All Tier 1 solar energy systems generating no more than 25 kW or requiring no more than 1,350 square feet of surface area, whichever is greater, shall be permitted in all zoning districts except the Historic District Overlay (HDO) with the issuance of a building permit from the Code Enforcement Officer, provided the standards of this Subsection B are met.
(b)
Within the HDO, small-scale solar energy systems that are roof- or building-mounted or building-integrated shall require Planning Board review pursuant to § 325-21.
(c)
Ground-mounted Tier 1 solar energy systems, as defined in this
chapter, requiring more than 1,351 square feet of surface area for
installation in any zoning district shall require site plan review.
(2)
Roof- or building-mounted Tier 1 solar energy systems.
(a)
Solar panels facing the front yard must be mounted at the same
angle as the roof's surface, with a maximum distance of 18 inches
between the roof and highest edge of the system.
(b)
Within the HDO, roof- or building-mounted systems shall not
be visible from the front yard.
(c)
Within the HDO, roof- or building-mounted and building-integrated
systems shall be permitted where it can be demonstrated that the solar
energy system will not detract from a building's architectural
integrity and is as unobtrusive as possible. Solar energy systems
and related equipment may not hide significant architectural features
from street view, result in the loss of these features or become a
major feature of the design because they are large in scale.
(3)
Ground-mounted Tier 1 solar energy systems.
(a)
Ground-mounted solar energy systems shall meet the following
setbacks:
[1]
Shall not be located in the front yard.
[2]
Side setback: 10 feet from side property lines.
[3]
Rear setback: 10 feet from rear property lines.
[4]
Corner lot side yard: on the side fronting a public right-of-way,
the setback shall be the same as the front yard setback for the principal
building.
(b)
Ground-mounted solar energy systems shall be screened from the
view of the public right-of-way and shall not obstruct or otherwise
impede the scenic views from existing buildings on neighboring properties.
Screening shall be comprised of berms, fencing or landscaping that
retains its ability to provide screening in the winter, such as evergreen
or fir trees.
C.
Requirements for Tier 2 solar energy systems.
(1)
Applicability and permitting.
(a)
This subsection applies to the siting of Tier 2 solar energy
system installations that may be installed as a principal use on a
lot as permitted in certain zoning districts in Schedule A,[1] or may be an accessory or secondary use to another principal
use for on-site and off-site consumption.
[1]
Editor's Note: Schedule A is included as an attachment to
this chapter.
(2)
Roof- or building-mounted large-scale solar energy systems.
(a)
Tier 2 roof-mounted solar energy systems shall be mounted parallel
to the roof or with minimal tilt.
(3)
Tier 2 ground-mounted solar energy systems shall meet the following
setbacks:
(4)
Impervious surface calculation. Solar energy systems shall be included in calculations for impervious cover as defined in Article XVII, Definitions, and as regulated in Schedule B: Lot Dimensional Standards, of this chapter for the zoning district in which they are located.[2]
[2]
Editor's Note: Schedule B is included as an attachment to
this chapter.
(5)
Site plan review additional information. In addition to the information required for site plan review in Article XII, the following information shall be required:
(a)
Blueprints or drawings of the solar energy system showing the
proposed layout of the system, any potential shading from nearby structures,
the distance between the proposed solar collector and all property
lines and existing on-site buildings and structures, and the tallest
finished height of the solar collector.
(b)
Documentation of the major system components to be used, including
the panels, mounting system and inverter.
(c)
Name, address and contact information for proposed system installer.
(d)
Documentation of actual or prospective access and control of
the project site sufficient to allow for construction and operation
of the proposed solar energy system.
(e)
An operation and maintenance plan that shall include measures
for maintaining safe access to the installation, stormwater controls
and general procedures for operational maintenance of the installation.
(f)
Proof of liability insurance.
(g)
Utility notification. No grid-intertied photovoltaic system
shall be installed until evidence has been given to the Planning Board
that the owner has submitted notification to the utility company of
the customer's intent to install an interconnected customer-owned
generator.
(h)
A decommissioning plan. To ensure the proper removal of a large-scale ground-mounted solar energy production facility, a decommissioning plan shall include the requirements of Subsection C(6) below and specify that after the large-scale solar energy production facility can no longer be used, it shall be removed by the applicant or any subsequent owner. The plan shall demonstrate how the removal of all infrastructure and remediation of soil and vegetation shall be conducted to return the parcel to its original state prior to construction. The plan shall also include an expected time line for execution. Removal of the large-scale solar energy production facility must be completed in accordance with the decommissioning plan.
(i)
Financial surety. Applicant shall provide a cost estimate detailing
the projected cost of executing the decommissioning plan prepared
by a professional engineer or contractor, as well as the manner in
which the surety will be held pending the final decommissioning and
removal.
(6)
Additional development standards.
(a)
Lighting. Lighting of a large-scale ground-mounted solar energy
facility shall be consistent with local, state and federal law. Lighting
of other parts of the installation, such as appurtenant structures,
shall be limited to that required for safety and operational purposes,
and shall be reasonably shielded from abutting properties. Where feasible,
lighting of the solar energy system shall be directed downward and
shall incorporate full cut-off fixtures to reduce light pollution.
(b)
Signage. Signs on a large-scale ground-mounted solar energy
facility shall comply with the signage requirements of this chapter
and shall be required to identify the owner and provide a twenty-four-hour
emergency contact phone number. Solar energy systems shall not be
used for displaying any advertising, except for reasonable identification
of the manufacturer or operator of the solar energy system.
(c)
Utility connections. Reasonable efforts, as determined by the
Planning Board, shall be made to place all utility connections from
the solar energy installation underground, depending on appropriate
soil conditions, shape and topography of the site and any requirements
of the utility provider. Electrical transformers for utility interconnections
may be above ground if required by the utility provider.
(d)
Emergency services. The large-scale ground-mounted solar facility
owner or operator shall provide a copy of the project summary, electrical
schematic and site plan to the Village Fire Chief. Upon request, the
owner or operator shall cooperate with local emergency services in
developing an emergency response plan. All means of shutting down
the solar energy system shall be clearly marked. The owner or operator
shall identify a responsible person for public inquiries throughout
the life of the installation.
(e)
Land clearing, soil erosion and habitat impacts. Clearing of
natural vegetation shall be limited to what is necessary for the construction,
operation and maintenance of a large-scale ground-mounted solar energy
facility or otherwise prescribed in the Village Code and other applicable
laws, regulations and ordinances.
(7)
Abandonment or decommissioning.
(a)
Removal requirements. Any large-scale ground-mounted solar production
facility that has reached the end of its useful life or has been abandoned
shall be decommissioned within 12 months after the date of discontinued
operations. Decommissioning shall include the following activities:
[1]
Physical removal of all solar energy systems, structures, equipment,
security barriers and transmission lines from the site.
[2]
Disposal of all solid and hazardous waste in accordance with
local, state and federal waste disposal regulations.
[3]
Stabilization or revegetation of the site as necessary to minimize
erosion. The Code Enforcement Officer may allow the owner or operator
to leave landscaping or designated below-grade foundations to minimize
erosion and disruption to vegetation.
(b)
Abandonment. Absent notice of a proposed date of decommissioning
or written notice of extenuating circumstances, the large-scale ground-mounted
solar energy system shall be considered abandoned when it fails to
operate for more than one year without the written consent of the
Planning Board. If the owner or operator of the solar energy system
fails to remove the installation in accordance with the requirements
of this section within 180 days of abandonment or the proposed date
of decommissioning, the Village retains the right, after the receipt
of an appropriate court order, to enter and remove an abandoned, hazardous
or decommissioned large-scale ground-mounted solar energy system at
the cost of the landowner.
(c)
As a condition of site plan approval, the applicant and landowner
shall agree to allow entry to remove an abandoned or decommissioned
installation.
To maintain the lower density character of a single-family residential neighborhood, there shall be no more than two townhouse-style dwelling units attached by a common wall on each lot and otherwise meeting the definition of "townhouse" as provided in Article XVII of this chapter.
A.
Purpose and findings. The purpose of this section is to provide a
regulatory scheme for the construction and operation of small wind
energy conversion systems in the Village, subject to reasonable restrictions
that will preserve the public health and safety of the Village's
residents. Wind energy is an abundant, renewable and nonpolluting
energy resource, and its conversion to electricity will reduce dependence
on nonrenewable energy resources and decrease the air and water pollution
that results from the use of conventional energy sources. Wind energy
conversion systems also enhance the reliability and the power quality
of the power grid, reduce peak power demands and help diversify the
state's energy supply portfolio.
B.
OFF-GRID SYSTEM
ON-GRID SYSTEM
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The turbine and load it serves are not connected to a larger
electrical network. These usually have some form of energy storage
device, e.g., batteries, to supply reserve power when energy demand
exceeds wind supply.
The turbine and load it serves, i.e., house, are connected
to the transmission grid. The house receives its electricity from
the turbine when wind is available and from the grid when backup is
needed.
C.
Permits and referrals.
(1)
In all zones in which small wind energy conversion systems are permitted,
prior to the issuance of a building permit the Code Enforcement Officer
shall refer the applicant to the Planning Board for completion of
a special use permit and site plan review.
(2)
Submission requirements. The following elements shall be included
in the submission:
(a)
The applicant's and landowner's name and contact information.
(b)
The Tax Map numbers, existing use and acreage of the site parcel.
(c)
Standard drawings of the wind turbine structure, including the
tower, base and footings, drawings of access roads and an engineering
analysis and certification of the tower, showing compliance with the
applicable building code.
(d)
Data pertaining to the tower's safety and stability, including
safety results from test facilities.
(e)
Proposal for landscaping and screening. Appropriate landscaping
is required to keep the site in a neat and orderly fashion. Appropriate
screening is also required to screen accessory structures from adjacent
residences.
(f)
A full environmental assessment form (EAF) and visual environmental
assessment form (Appendix C to 6 NYCRR 617.20) prepared in accordance
with the State Environmental Quality Review Act.
D.
Lot size. A wind energy system shall not be located on a lot under
one acre in size.
E.
Tower height. Towers shall not exceed 80 feet or as constrained by the setback requirement of Subsection F below. Tower height is a measurement of the portion of the fixed tower above grade, excluding the wind turbine itself.
F.
Setback. Setbacks 25 feet plus the height of the unit (tower and
rotor). Side and rear setbacks shall be a minimum of 10 feet plus
the height of the unit (tower and rotor).
G.
Sound. Small wind energy conversion systems shall not exceed 45 dBA,
as measured at the closest neighboring dwelling. The level may be
exceeded during short-term events such as utility outages and/or severe
windstorms. When determining the level of sound, measurements shall
be averaged over a twenty-four-hour time period.
H.
Safety. Wind turbine towers shall not be climbable up to 15 feet
above ground level.
I.
Compliance with regulations.
(1)
Small wind turbines must have been approved under any other small
wind certification program recognized by the American Wind Energy
Association.
(2)
Compliance with the Uniform Code. Building permit applications for
small wind energy conversion systems shall be accompanied by standard
drawings of the wind turbine structure, including the tower, base
and footings. An engineering analysis of the tower showing compliance
with the Uniform Code and certified by a licensed professional engineer
shall also be submitted. This analysis is frequently supplied by the
manufacturer. Wet stamps shall not be required.
(3)
Compliance with Federal Aviation Administration (FAA) regulations.
Small wind energy conversion systems must comply with applicable FAA
regulations, including any necessary approvals for installations close
to airports.
(4)
Compliance with National Electrical Code (NEC). Building permit applications
for small wind energy systems shall be accompanied by a line drawing
of the electrical components in sufficient detail to allow for a determination
that the manner of installation conforms to the NEC. This information
is frequently supplied by the manufacturer.
J.
Utility notification. No small wind energy system shall be installed
until proof has been given that the utility company has been informed
of the customer's intent to install an interconnected customer-owned
generator. Off-grid systems shall be exempt from this requirement.
K.
Multiple turbines. In the event of multiple small wind turbines,
the resulting aggregate installation must meet the sound, setback
and safety requirements that exist for other structures.
L.
Removal. If the small wind energy conversion system is inoperable
after 12 months, the owner must remove the tower within 60 days.
A.
Applicability.
(1)
No wireless communications facility, except small cell wireless communications facilities as separately defined in this chapter and § 325-45, shall hereafter be erected, moved, reconstructed, changed or altered without conforming to these regulations. No existing structure shall be modified to serve as a wireless communications tower unless conforming to these regulations.
(2)
Exemptions. The following uses and activities are exempt from the
requirements of this section; however, other permits may be required
from the Code Enforcement Officer:
(a)
Replacement, repair, rebuilding or upgrading of existing wireless
communications facilities to current engineering, technology or communications
standards, so long as such facilities are not increased in height
by more than 20 feet or 10%.
(b)
Antennas used solely for residential household television and
radio reception.
(c)
Amateur HAM radio antennas, as defined in this chapter, with
a height of 45 feet or less.
B.
Administrative review and required approvals.
(1)
Application for shared use (collocation) on an existing wireless
communications tower.
(a)
At all times, collocation or use of existing wireless communications
facilities shall be preferred to shared use of other existing tall
structures or construction of new wireless communications facilities.
For purposes of this section, "existing wireless communications facility"
shall mean a wireless communications tower facility in existence at
the time an application for collocation is submitted to the Code Enforcement
Officer.
(b)
An additional antenna is permitted upon issuance of a zoning
permit if such antenna will not extend the total tower height by more
than 20 feet or 10%. The zoning permit application must include the
following:
[1]
Documentation of intent from the owner of the existing wireless
communications facility to allow shared use.
[2]
A certified structural analysis report from a NYS-licensed engineer
certifying that the proposed collocation will not diminish the structural
integrity and safety of the existing tower or explaining what modifications,
if any, would be required to certify the above. The height of the
new antenna shall not extend above the height of the existing structure
by more than 10 feet.
[3]
A copy of the Federal Communications Commission (FCC) license
for operation of the new equipment.
(c)
An additional antenna that extends the total tower height by
more than 20 feet shall require site plan review. The site plan review
application must include the following:
[1]
Documentation of intent from the owner of the existing telecommunications
facility to allow shared use.
[2]
Documentation that the height extension of more than 10 feet
is necessary and that the height extension is the minimum required
to provide the proposed area with wireless communications services.
[3]
Documentation of tower setbacks from lot lines. The extended
tower height must meet the minimum setback from any property line
at a distance at least equal to the tower height. The minimum setback
requirements may be increased at the discretion of the Planning Board
as part of the site plan review procedures, or it may be decreased
in those instances where the owner/applicant has previously approved
plans for a tower design in such a manner as to collapse within a
smaller area.
[4]
A certified structural analysis report from a NYS-licensed engineer
certifying that the proposed collocation will not diminish the structural
integrity and safety of the existing tower or explaining what modifications,
if any, would be required in order to certify the above.
[5]
A copy of the FCC license for operation of the new equipment.
(2)
Permitting process for new wireless communications facilities.
(a)
A special use permit and site plan review shall be required for the placement of a wireless communications facility in or on an existing tall structure other than an existing wireless communications tower and for the construction of a new tower. The application process for special use permits is provided in Article XIII and the additional criteria are set forth below in Subsection C.
(b)
The applicant shall be required to submit a report demonstrating
good faith efforts to secure shared use from existing towers, including:
an inventory of facilities within the Village and surrounding municipalities,
outlining opportunities for shared use as an alternative to the proposed
wireless communications tower; copies of written requests and responses
for shared use based on the inventory; and, if applicable, demonstration
of the impracticality of upgrading or expanding an existing site within
the Village or surrounding municipalities.
C.
Design and site development standards. A special use permit application
for a new wireless communications tower shall include a site plan
that demonstrates compliance with each of the following standards:
(1)
The antenna facility complies with any applicable regulations promulgated
by the FCC, including regulations regarding radio frequency emissions.
(2)
The antenna facility is placed, designed and finished in a manner
that minimizes its visual impact on surrounding properties.
(3)
The antenna facility is the minimum height above grade necessary
for the provision of the wireless service within the Village.
(4)
The antenna facility is of sufficient mechanical and electrical design
to allow for the collocation of at least one additional antenna facility
or the collocation of municipal wireless service.
(5)
The antenna facility minimum setback from all boundaries is at least
the distance of the height of the antenna, including support structure.
(6)
The antenna facility, including support structure, does not exceed
a height of 180 feet.
(7)
Aesthetics. In order to minimize any adverse aesthetic effect on
neighboring residences to the extent possible, the Planning Board
may impose reasonable conditions on the applicant, including the following:
(a)
A monopole or guyed tower may be required (if sufficient land
is available to the applicant) instead of a freestanding communications
tower.
(b)
Landscaping and screening of the base of tower and accessory
structures with trees or shrubs may be required. Existing on-site
trees and vegetation shall be preserved to the maximum extent possible.
(c)
Towers should be designed and sited to avoid, whenever possible,
application of Federal Aviation Administration (FAA) lighting and
painting requirements. Towers shall not be artificially lighted except
as required by the FAA. Towers shall be painted a galvanized finish
or matte gray unless otherwise required by the FAA.
(d)
No tower shall contain any advertising devices.
(8)
Traffic, access and safety.
(a)
A road turnaround and one parking space shall be provided to
assure adequate emergency and service access. Maximum use of existing
roads, public or private, shall be made.
(b)
All communications towers and guy anchors, if applicable, shall
be enclosed by a fence or structure not less than eight feet in height.
(c)
The applicant must comply with all applicable state and federal
regulations, including but not limited to FAA and FCC regulations.
(d)
Signage shall be provided, permanently affixed to the structure
and as visible as practicable from the access approach, providing
the name and address of the facility operator and providing an emergency
contact telephone number.
(e)
The owner of the facility shall dismantle the communications
facility in its entirety within 90 days of the cessation of operations
at the tower.
A.
Applicability.
(2)
Small
cell wireless facilities shall not exceed the following specifications:
(a)
Facilities shall not be mounted on structures more than 50 feet
in height, including their antennas;
(b)
Each antenna associated with the deployment, excluding associated
antenna equipment, shall be no more than three cubic feet in volume;
(c)
All other wireless equipment associated with the structure,
including the wireless equipment associated with the antenna and any
preexisting associated equipment on the structure, shall be no more
than 28 cubic feet in volume; and
(d)
The facilities do not require antenna structure registration
under 47 CFR Part 17.
B.
Review and permitting.
(1)
A special use permit shall be required for all new small cell installations,
including:
(a)
Placement, installation or construction of new transmission
equipment that will not be collocated on an existing approved wireless
communications facility.
(b)
Placement of a new, additional antenna on an existing tower
that results in an increase in tower height of more than 10 feet or
50%; whichever is greater.
(c)
Installation of a small cell facility on a pole located within
20 feet of a dwelling unit.
(2)
The following substantial changes to existing small cell installations
shall not require a special use permit but shall require site plan
review:
(a)
Collocation of additional antennas, equipment cabinets and equipment shelters on existing wireless communications facilities or other structures previously approved for small cell wireless facilities that do not meet the criteria of Subsection B(1) above.
(b)
Replacement of existing transmission equipment that will increase
the height of the replacement small cell antenna or increase the volume
of the antenna or its associated equipment by more than 10%.
(3)
Activities exempt from the special use permit and site plan review.
(a)
The Code Enforcement Officer may determine that only a zoning
permit is required for any request for modification of an existing
tower or base station that does not change the physical dimensions
of such tower or base station, involving:
(b)
The Code Enforcement Officer may determine that site plan review
is required if the proposed modifications could impact the aesthetic
appearance or reduce the use of stealth technology of the facility
or result in increased visibility or incompatibility with its surroundings.
C.
Location priority for small cell wireless facilities.
(1)
Small cell wireless facilities shall be located, sited and erected
in accordance with the following priorities, with (a) being the highest
priority and (g) being the lowest priority:
(a)
Collocation on existing utility poles, monopoles or other wireless
communications facility support structures on lands owned or controlled
by the Village, not including the public right-of-way;
(b)
Collocation on a site with existing wireless communications
facilities or other wireless communications facility structures;
(c)
On other lands owned or controlled by the Village, including
but not limited to the Village public right-of-way;
(d)
On lands owned or controlled by other municipal corporations
within the Village, to the extent permitted by such other municipal
corporation;
(e)
On properties zoned GMU, E-C, CC or TBL;
(f)
On properties zoned R-SF, R-MF or NMU; and
(g)
(Reserved)
(2)
No small wireless communications facility shall be permitted in the
Historic District Overlay unless the applicant demonstrates to the
Planning Board's satisfaction that the selected site is necessary
to provide adequate service and no feasible priority site exists.
(3)
If the site is not proposed for the highest priority listed above,
a detailed explanation must be provided as to why a site of a higher
priority was not selected. The service provider seeking such an exception
must satisfactorily demonstrate the reason or reasons such a special
use permit should be granted for the proposed site and the hardship
that would be incurred by the applicant if the permit were not granted
for the proposed site.
(4)
An applicant may not bypass sites of higher priority by stating the
site proposed is the only site leased or selected. An application
shall address collocation as an option. If such option is not proposed,
the applicant must explain to the reasonable satisfaction of the Planning
Board why collocation is commercially impracticable.
D.
Additional location and design standards. Small cell wireless communications
facilities shall meet the following additional design and location
standards:
(1)
A maximum of three small cells will be allowed per utility pole if
technically feasible and if, in the determination of the Planning
Board, there are no safety or aesthetic concerns.
(2)
Height. Small wireless facilities shall not exceed 50 feet in height
and shall not be higher than the minimum height necessary. The proposed
height, which may be in excess of the maximum height permitted for
other structures in the applicable zone, shall address any additional
height necessary to accommodate collocation by additional antenna
arrays.
(3)
Setbacks. All support structures for small wireless communications
facilities located outside the public right-of-way shall be set back
from the property line of the lot on which it is located at a distance
equal to, not less than, the total height of the facility, including
support structure, measured from the highest point of such support
structure to the finished grade elevation of the ground on which it
is situated, plus 10% of such total height. The Planning Board may
reduce such setback requirements based upon consideration of lot size,
topographic conditions, adjoining land uses, landscaping, other forms
of screening and/or structural characteristics of the proposed support
structure.
(4)
Small cell wireless communications facilities shall be prohibited
on ornamental streetlighting poles.
(5)
Within the GMU, E-C, CC and TBL Zoning Districts, facilities may
be permitted on existing buildings or other existing structures.
(6)
A small cell facility placed on any roof shall be set back at least
15 feet from the edge of the roof along any street frontage.
(7)
No part of the facility may project into areas that pedestrians use
or where it may inhibit their use or jeopardize their safety, like
sidewalks and other pedestrian-designated areas.
(8)
Visibility and aesthetic appearance.
(a)
All small wireless telecommunications facilities shall be sited
so as to have the least adverse visual effect on the environment and
its character, on existing vegetation and on the residents in the
area of the wireless telecommunications facilities sites.
(b)
Both the small wireless telecommunications facility and any
and all accessory equipment shall maximize use of building materials,
colors and textures designed to blend with the structure to which
it may be affixed and/or to harmonize with the natural surroundings.
(c)
Small wireless telecommunications facilities shall not be artificially
lighted or marked, except as required by law. If lighting is required,
the applicant shall provide a detailed plan for sufficient lighting
as unobtrusive and inoffensive as is permissible under federal, state
and local laws, statutes, codes, rules or regulations.
(d)
Electrical and land-based telephone lines extended to serve
the wireless telecommunications services facility sites shall be installed
underground.
(e)
New small cell facilities shall include stealth technology designs.
"Stealth" or "stealth technology" means they minimize adverse aesthetic
and visual impacts on the land, property, buildings and other facilities
adjacent to, surrounding and in generally the same area as the requested
location of such small cell wireless communications facilities by
using the least visually and physically intrusive design.
E.
Application submission requirements. In addition to the required
information for all special use permit or site plan review applications
in this chapter, all applications for the construction or installation
of a new small wireless communications facility or modification of
an existing small wireless facility shall contain the following information:
(1)
A descriptive statement of the objective(s) of the new facility or
modification, including and expanding on a need such as coverage and/or
capacity requirements.
(2)
Documentation that demonstrates and proves the need for the small
wireless facility to provide service primarily and essentially within
the Village. Such documentation shall include, but not be limited
to, information relating to all other wireless telecommunications
facilities that are to be deployed in the Village in conjunction with
the proposed small wireless facility and propagation studies of the
proposed site and all adjoining planned, proposed, in-service or existing
sites that demonstrate a significant gap in coverage and/or of a capacity
need, including an analysis of current and projected usage.
(3)
The size of the property stated both in square feet and lot line
dimensions, and a survey prepared by a NYS-licensed professional surveyor
showing the location of all lot lines, if the proposed small wireless
facility is located outside the public right-of-way.
(4)
The location, size and height of all existing and proposed structures
on the property that is the subject of the application and all related
fixtures, accessory equipment, appurtenances and apparatus, including
but not limited to materials, color and lighting.
(5)
The number, type and model of the antenna(s) proposed, with a copy
of the specification sheet.
(6)
The make, model, type and manufacturer of the utility pole, monopole
or other structure on which any antenna or accessory equipment for
a small wireless facility is to be located and a design plan demonstrating
the structure's capacity to accommodate multiple users.
(7)
Documentation justifying the total height of any proposed antenna
and structure and the basis thereof. Such justification shall be to
provide service within the Village to the extent practicable, unless
good cause is shown.
(8)
A copy of the FCC license applicable for the intended use of the
wireless telecommunications facilities.
(9)
Information relating to the expected useful life of the proposed
small wireless facility.
F.
Reimbursement for the use of the public right-of-way. In addition
to application fees for small wireless facility approval, every small
wireless facility located in the public right-of-way is subject to
the Village's right to fix annually a fair and reasonable fee
to be paid for use and occupancy of the public right-of-way. Such
compensation for use of the public right-of-way shall be directly
related to the Village's actual public right-of-way management
costs, including, but not limited to, the costs of the administration
and performance of all reviewing, inspecting, permitting, supervision
and other public right-of-way management activities by the Village.
The owner of each small wireless facility permit shall pay an annual
fee to the Village to compensate the Village for the Village's
costs incurred in connection with the activities described above as
determined by the Village Board and as set forth in the Village Fee
Schedule.
