City of Watertown, NY Supplemental Regulations

General. Unless specifically defined below, words or phrases used in this section shall be interpreted to give them the meanings they have in common usage and to give this section its most reasonable application.

Specific terms. As used in this section, the following terms shall have the meanings indicated:

ADULT ENTERTAINMENT

A public or private establishment, with or without food and/or alcoholic beverages, which features topless or bottomless dancers, or strippers, or other entertainment characterized by an emphasis on sexual activities.

ADULT USE

Any establishment or business involved in providing adult entertainment.

BUSINESS

Any commercial enterprise, association or arrangement for profit.

PERSON

Any person, firm, partnership, corporation, association or legal representative, acting individually or jointly.

SUBSTANTIAL CONNECTION

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 potential profits or losses of the business or who shares in the ownership of any of the assets of the partnership business.

In a corporation, an individual who is an officer, director or a holder, either directly, indirectly or beneficially, of more than 10% of any class of stock.

(d)

Any person who furnishes more than 10% of the capital financing or assets of such business, whether in cash, goods or services.

Restrictions.

No adult use shall be allowed within 1,500 feet of another existing adult use.

No adult use shall be located within 500 feet of the boundaries of the R, UMU, NMU, D, C Districts.

No adult use shall be located within 2,000 feet of a preexisting school or place of worship.

This section shall not apply to any establishments existing on the effective date of said section, which shall be subject to requirements for nonconforming uses.

Observation from public way prohibited. No adult use shall be conducted in any manner that permits the observation of any activity, display, decoration, sign, show window, screen or activity from any public way or from any property not registered as an adult use, except signs as permitted as part of a special permit review process.

Measurements. For the 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 to the nearest property line to the boundaries of the R, UMU, NMU, D, C Districts; property line of a school or place of worship; or property line of another existing adult use.

Registration.

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 provisions of this section as set forth below.

In addition to 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 in person with the City Clerk by the corporate principals containing:

The address of the premises.

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.

The name of the business or the establishment subject to the provisions of this section.

(d)

The name, business and home address, business or home and/or mobile phone numbers of all owners of the business or establishment subject to the provisions of this section.

(e)

The names, business and home addresses, business or home and/or mobile phone numbers of all those persons having a substantial connection with the business or establishment subject to the provisions of this section.

(f)

The date of the initiation of the adult use.

(g)

The exact nature of the adult use.

(h)

A copy of the lease if the premises or building in which the business containing the adult use is located is leased.

(i)

Notarized signatures of the corporate principals.

If there occurs any change in the information required for the certificate of registration, the City Clerk shall be notified of such change and a new amended certificate filed within 30 days of such change.

Upon change of ownership, a new certificate of registration must be filed with the City Clerk.

The processing fee for each certificate of registration or amendment thereto shall be $1,500. Such certificate of registration shall be effective concurrently with the special use permit issued as provided below.

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 certification of registration.

(7)

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

(8)

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.

(9)

It is a violation of this section 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.

Special use permit.

No use as described in this section shall be established until the issuance of a special use permit by the Planning Commission. Application for such a special use permit shall be in conformity with this chapter.

A special use permit issued under the provisions of this section shall not be transferable.

§ 310-47 Personal agriculture.

In general.

Animals, crops, plants, and composting shall only be kept in conditions that limit odors, noise, the attraction of insects, and rodents so as not to cause a nuisance or health hazard to occupants of nearby buildings or lots.

Animals shall not be kept in a manner that is injurious or unhealthful to the animals being kept on the property.

It shall be unlawful for any person or other party operating or occupying any building or premises to keep or allow to be kept any animal that makes noise that unreasonably disturbs the peace and quiet of the neighborhood.

Animal or animal products may not be sold unless it is an approved use in the district in which it located.

Composting areas shall not be located within the setback areas for the district in which it located.

Chickens, ducks and rabbits.

Number of animals.

There may be two hens, ducks or rabbits allowed on a parcel per 1,000 square feet of lot area.

In the R and NMU Districts there is a maximum of six such animals per parcel.

The coops or cages housing such animals shall be located:

At least 20 feet away from any neighboring dwelling unit.

At least five feet away from any abutting residential property line.

No roosters, geese, guinea fowl or turkeys may be kept in any district.

All such animals shall be provided with a covered, predator-proof coop or cage or other shelter that is thoroughly ventilated, designed to be easily accessed and cleaned, and of sufficient size to permit free movement of the animals, exclusive of areas used for storage of materials or vehicles.

All such animals shall have access to an outdoor enclosure adequately fenced or otherwise bounded to contain the animals on the property and to prevent access by dogs, cats and other predators.

Bees.

The keeping of bees, and associated beehives, shall be governed by the following regulations.

In R and NMU, PC, P&OS and I Districts, the following regulations shall apply.

Lot size. A minimum lot size of 2,400 square feet is required for beekeeping.

Number. There may only be one beehive for each 2,400 square feet of lot area with a maximum of three beehives per parcel.

Location and setbacks. Beehives may not be located in any of the required setbacks. The front of any beehive shall face away from the property line of the residential property closest to the beehive.

Fences and shrubs. A solid fence or dense hedge, known as a "flyway barrier," at least six feet in height, shall be placed along the side of the beehive that contains the entrance to the hive, and shall be located within five feet of the hive and shall extend at least two feet on either side of the hive. No such flyway barrier shall be required if all beehives are located at least 25 feet from all lot lines and for beehives that are located on porches or balconies at least 10 feet above grade, except if such porch or balcony is located less than five feet from a lot line.

Water supply. A supply of fresh water shall be maintained in a location readily accessible to all bee colonies on the site throughout the day to prevent bees from congregating at neighboring swimming pools or other sources of water on nearby properties.

Prohibitions. No Africanized bees may be kept on a lot in any district.

§ 310-48 Amusement, recreation or entertainment (outdoor).

Outdoor recreational facilities shall be at least 25 feet from any property line except where greater distances are otherwise required in this chapter. This distance may be waived or modified by the Planning Commission during site plan review or special use permit review or by the Planning and Community Development Department if the Department finds that the existing circumstances of the property or adjacent uses do not warrant site plan review or special use permit review and that a twenty-five-foot setback is unnecessary.

Outdoor recreational facilities shall be at least 50 feet from the district boundary when adjacent to D, UMU, NMU and R Districts. This distance may be waived or modified by the Planning Commission during site plan review or special permit review or by the Planning and Community Development Department if the Department finds that the existing circumstances of the property or adjacent uses do not warrant site plan review or special use permit review and that a fifty-foot setback is unnecessary.

No public address system shall be permitted except where such system is inaudible at any property line.

In any district where permitted, there may be permitted retail sales which are clearly secondary to the principal use.

§ 310-49 Commercial automotive uses.

General.

All permanent storage of material, merchandise and equipment shall be within a building.

During business hours, open-air outdoor storage of materials, merchandise and equipment shall be permitted. During nonbusiness hours, storage of materials, merchandise and equipment shall take place within the principal building or within closed, secure containers, such as outdoor storage cabinets.

No partially dismantled or wrecked vehicle or any unregistered vehicle shall be stored for more than 72 hours outside of an area unless screened from public view.

All entrance and exit lanes, parking areas and vehicle storage areas shall be surfaced with an all-weather, durable and dustless surface.

Stormwater shall be accounted for according to state, local and federal regulations.

Auto body, auto repair stations shall be subject to the following requirements:

In the NMU District, auto repair activities shall be limited to three bays.

No repair activity, and no building within which such operations are conducted, shall take place within 100 feet of the Residential District. This distance may be waived or modified by the Planning Commission during site plan review or special permit review or by the Planning and Community Development Department if site plan review and special permit are not required upon finding that this distance is not necessary given existing circumstances of the property or adjacent use.

All repairs shall be performed within an enclosed building on the premises, and the doors of the repair building shall not face any Residential District.

Screened storage areas shall be provided for damaged vehicles awaiting repairs and for any vehicles requiring longer-term storage while awaiting repair. Such storage area shall be located to the side or rear of the principal building.

Sales of vehicles shall only be accessory to the primary use, and the vehicles shall not occupy the required parking spaces.

Car washes shall be subject to the following requirements:

All vehicular access shall be from a radial arterial, radial collector street, or state-maintained arterial as classified by the City of Watertown's Complete Streets Design Guidelines.

All washing and machine-dry operations shall be conducted within a building.

Queuing lane(s) shall not interfere with on-site or off-site pedestrian and vehicular circulation.

The building exit for automobiles that have completed the washing and machine-drying process shall be set back a minimum of 40 feet from the nearest point of any property line. This distance may be waived or modified by the Planning Commission during site plan review or special permit review or by the Planning and Community Development Department if the Department finds that the existing circumstances of the property or adjacent uses do not warrant site plan review or special use permit review and that a forty-foot setback is unnecessary.

No washing, vacuuming, steam cleaning, waxing, polishing or machine-drying operation, and no building within which such operations are conducted, shall be permitted within 100 feet of a Residential (R) District.

All lot lines abutting or adjacent to a Residential (R) District shall be screened on such side by a landscape buffer that may consist of evergreen trees and shrubs, a berm or a six-foot tight board fence or a combination thereof. Such buffer shall be adequate to shield headlights, noise, and uncontrolled access from adjoining properties. No such landscape buffer shall block the sight line distance for ingress and egress to the property.

(7)

In the NMU, minimum lot size of 1.5 acres.

(8)

In the UMU and NMU Districts, hours of operation shall be limited to 7:00 a.m. to 9:00 p.m.

(9)

The applicant shall submit an analysis of the traffic impact of the proposed development that addresses the following:

Projections of site-generated and off-site traffic to be expected on streets in the vicinity upon completion of the proposed development; and

Recommendations for techniques or improvements to deal with any projected traffic congestion or friction.

Fuel/convenience stations shall be subject to the following requirements:

All lot lines abutting or adjacent to Residential Districts shall be screened on such side by a landscaped buffer that may consist of evergreen trees and shrubs, a berm or a six-foot tight board fence or a combination thereof. Such buffer shall be adequate to shield headlights, noise, and uncontrolled access from adjoining properties. No such landscape buffer shall block the sight line distance for ingress and egress to the property.

An accessory car wash shall have no more than a single point of access for entering and exiting and shall be limited to a single bay.

Vehicle sales/rental/storage shall be subject to the following requirements:

No such use shall be located within 100 feet of any Residential District boundary line.

Any repairs shall be performed only within an enclosed building on the premises.

The showroom shall be oriented toward the public street.

Vehicle sales/rental/storage uses shall be considered parking lots; therefore parking regulations shall apply with regard to landscape requirements.

Where a buffer is required along the front lot line, it can be configured so as not to obstruct the view the vehicles for sale or rent.

Where vehicles are for sale, the interior lot vegetation requirements may be reconfigured to the edges of the parking area.

§ 310-50 Accessory drive-through.

Pedestrians must be able to enter the establishment from the parking lot or sidewalk without crossing the waiting or exit lanes.

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. The following uses shall not have waiting lanes that accommodate fewer vehicles than the corresponding numbers below.

Fast-food restaurants and coffee shops: sufficient to accommodate a minimum queue of six vehicles.

All other accessory drive-through: sufficient to accommodate a minimum queue of two vehicles per window.

The waiting lane shall be independent of any on-site parking, parking maneuvering areas, public streets or traffic ways serving other on- or off-site uses.

The waiting lane and service window shall not face the street frontage. In the case of a corner lot, the waiting lane should not face the following streets:

Washington Street.

Franklin Street.

State Street.

Factory Street.

Mill Street.

Main Street West.

Coffeen Street.

Arsenal Street.

Massey Street.

Mullin Street.

Academy Street.

Gotham Street.

Audible electronic devices, such as loudspeakers, automobile service order devices, and similar instruments, must not be located within 25 feet of any lot used for dwelling purposes, where practicable. On sites that do not allow for such separation, specific design considerations must be employed to effectively buffer adjacent residential properties from the noise generated from such devices.

§ 310-51 Accessory dwelling units (ADU).

Only one ADU shall be permitted per parcel.

In the Residential (R) District ADUs shall not be permitted on the same lot as a two-unit dwelling or any preexisting residential adaptive reuse.

In the Neighborhood Mixed Use District (NMU), ADUs are permitted on the same lot as a two-unit dwelling or multiunit dwelling. The total number of dwelling units shall not exceed four per parcel.

In the Residential (R) District, the property owner shall occupy either the primary or the ADU as his or her primary residence.

An ADU, whether detached or attached to a primary dwelling structure, may be directly accessed from an alley, but shall not be accessed via any driveway separate from that serving the primary dwelling structure.

§ 310-52 Emergency services.

Emergency service facilities shall be permitted in all Residential (R) and NMU Districts subject to the following:

Such facility is necessary to serve the surrounding residential area where it is not possible to serve such area from a facility located in a less restrictive district.

§ 310-53 Essential services.

Essential services shall be permitted in all Residential (R) and NMU Districts subject to the following regulations:

Such facility shall not be located on a residential street, unless no other site is available, and shall be so located as to draw a minimum of vehicular traffic to and through such street.

The location, design and operation of such facility shall not adversely affect the character of the surrounding residential area.

Adequate fences, barriers and other safety devices shall be provided, and the facility shall be landscaped in accordance with the provisions of this chapter.

Noise emitted from electric substations shall not be greater than permitted in accordance with the performance standards set forth in this chapter.

§ 310-54 Garden center.

In UMU and NMU Districts:

Operation of machinery shall be limited to 7:00 a.m. to 9:00 p.m.

§ 310-55 Retail garden center.

In UMU and NMU Districts:

Composting and bulk storage areas shall not be located in the front, shall be enclosed and screened from view and set back from side or rear lot lines by a minimum of 25 feet from the Residential (R) District. This distance may be waived or modified by the Planning Commission during site plan review or special permit review or by the Planning and Community Development Department if site plan review and special permit review are not required upon finding that this distance is not necessary given existing circumstances of the property or adjacent use.

Operation of machinery shall be limited to 7:00 a.m. to 9:00 p.m.

§ 310-56 Geothermal energy systems.

Geothermal energy system components shall conform to applicable industry standards including those of the American National Standards Institute (ANSI).

All aboveground equipment shall comply with the setback requirements of the respective zoning district.

Equipment, piping, and all other devices shall not be located in any easement or right-of-way.

§ 310-57 Home occupations.

Where permitted, each dwelling unit may have one minor home occupation, one major home occupation, two minor home occupations, or a combination of one major and one minor home occupation. A dwelling unit may not have two major home occupations.

Classifications of home occupations.

Minor home occupations: a home occupation in which no persons other than resident of the property are engaged in the occupation, which has no visible exterior evidence of the conduct of the occupation, which does not create need for off-street parking beyond normal dwelling needs, which does not generate additional traffic, and in which no equipment is used other than that normally used in household, domestic or general office use.

Major home occupations: a home occupation in which not more than one person other than resident of the property is employed, but which exceeds any of the stated criteria for a minor home occupation.

Minor home occupations are subject to the following conditions:

May not perform any services on-site.

May not serve customers on-site.

May not have visible exterior evidence of the conduct of the occupation.

May not create need for off-street parking beyond normal dwelling needs.

May not generate additional traffic above normal neighborhood levels.

May not use equipment other than that which is normally used in household, domestic, or general office use.

Minor and major home occupations are subject to the following conditions:

May not store any materials outdoors on-site.

May not generate noise above the normal levels of the neighborhood.

May not have delivery or pickup services that would exceed the average volume for the residential neighborhood where the home occupation is located.

§ 310-58 Commercial kennel; pet/dog day care; animal shelter.

The minimum lot area is one acre.

No dog kennel, runway or exercise pen/play area shall be located within 200 feet of any Residential District. This distance may be waived or modified by the Planning Commission during site plan review or special permit review or by the Planning and Community Development Department if the Department finds that the existing circumstances of the property or adjacent uses do not warrant site plan review or special use permit review and that a 200-foot setback is unnecessary.

No outdoor exercise pen/play area shall be used without an attendant present.

For dog day care, all dogs must be licensed and vaccinated.

§ 310-59 Live-work unit.

The residential and the commercial space must be occupied by the same tenant, and no portion of the live/work unit may be rented or sold separately.

The commercial component shall be restricted to the unit and shall not be conducted in the yard, garage or any accessory structure.

The commercial component shall not detract from, or otherwise be a nuisance to, the residential character or appearance of the neighboring dwelling units.

Commercial uses shall be limited to the uses permitted within the district where the unit is located.

In-person sales of products generated on-site shall be limited to a ground floor retail storefront.

Prohibited commercial uses in live/work units.

Entertainment, drinking, and public eating establishments;

Veterinary services, including grooming and boarding, and the breeding or care of animals for hire or for sale;

Sales, repair or maintenance of vehicles, including automobiles, boats, motorcycles, aircraft, trucks, or recreational vehicles;

Trade or private schools. This excludes private instruction of up to two students at any one time.

§ 310-60 Manufactured (mobile) homes.

The installation of the manufactured (mobile) homes shall conform to the requirements of the New York State Building Code and the United States Department of Housing and Urban Development.

All manufactured (mobile) homes shall be installed on a permanent foundation with the wheel and tongue removed.

The manufactured (mobile) homes shall have an approved metal, wood, or other suitable skirting or framing, properly ventilated and attached, which shall enclose the area from the bottom of the floor line of the mobile home to the ground, and which shall be installed within 30 days of the installation of the mobile home.

§ 310-61 (Reserved)

§ 310-62 Manufactured (mobile) home parks.

The minimum acreage for a mobile home park shall be eight acres.

The mobile home park area shall be not less than eight acres, with 10% of the total area developed for recreational purposes.

Mobile home lots shall be at least 3,200 square feet in area, with a minimum width of at least 40 feet.

There shall be paved-surface access driveways within the park at least 24 feet wide with 10 feet of clearance on each side.

There shall be parking with at least one paved space for each lot.

No mobile home shall be closer to a public street or a property line than 25 feet, and such setback area shall be maintained as green space/buffer.

A strip of land at least 15 feet in width shall be maintained as a landscaped area abutting all mobile home park property lines.

No mobile home, addition or other accessory structure shall be closer than five feet to an internal lot line.

No additions shall be made to a mobile home, except a canopy and/or porch open on three sides or an addition made by a mobile home manufacturer. One accessory building, not to exceed 100 square feet, may be permitted on each mobile home lot.

Each lot shall have a water supply source approved by the City Water Department and the New York State Department of Health.

Each lot shall have attachment for sewage disposal approved by the City Engineering Department and New York State Department of Health.

Mobile homes and mobile home parks shall comply with all appropriate provisions of the International Building Code.

All utility lines shall be underground.

§ 310-63 Neighborhood retail.

Fuel sales, with the exception of prepackaged fuel canisters, are not permitted.

For the NMU District, the applicant shall submit a development plan that addresses the following: days/hours of operation; hours of deliveries and services (i.e., trash removal, snow plowing, etc.)

In the NMU District, neighborhood retail shall not exceed 2,000 square feet of gross floor area.

§ 310-64 Nightclub.

Loitering/queuing shall not obstruct the public right-of-way.

Areas designated for smoking shall be provided, and they shall not obstruct the public right-of-way.

All noise shall be contained within the building.

§ 310-65 Preexisting residential adaptive reuse.

For buildings in existence at the time of adoption of this chapter:

A minimum of 4,000 square feet of gross floor area is required.

The average unit size must be no less than 800 square feet with a maximum of five dwelling units.

Appearance and identification. The exterior of the building shall retain a residential appearance with house numbers maintained on the front of the building and visible from the street or road.

Nuisances and garbage. The adaptive reused building shall be operated in a way that will prevent disturbances to neighboring properties not typical of a residential neighborhood, including, but not limited to: loud music and noises, excessive traffic, junk/debris accumulation in the yards, garbage removal, trespassing, or excess vehicles, boats or recreational vehicles parked in the streets in front of the rental.

§ 310-66 Short-term rentals.

For short-term rentals where less than the entire unit is rented, no more than two rooms may be rented separately at any given time.

Appearance and identification. The exterior of the building shall retain a residential appearance with house numbers maintained on the front of the building and visible from the street or road.

Nuisances and garbage. The short-term rental shall be operated in a way that will prevent disturbances to neighboring properties not typical of a residential neighborhood, including, but not limited to: loud music and noises, excessive traffic, junk/debris accumulation in the yards, garbage removal, trespassing, or excess vehicles, boats or recreational vehicles parked in the streets in front of the rental.

Federal, state and local laws. The short-term rental shall meet all applicable state, federal, and local health, safety laws and building codes.

§ 310-67 Self-storage facilities.

All lot lines abutting or adjacent to the Residential (R) District shall be screened on such side by a landscape buffer that may consist of evergreen trees and shrubs, a berm or a six-foot tight board fence or a combination thereof. Such buffer shall be adequate to shield headlights, noise, and uncontrolled access from adjoining properties. No such landscape buffer shall block the sight line distance for ingress and egress to the property.

§ 310-68 Storage yard.

§ 310-69 Accessory solar energy systems.

Roof-mounted solar energy systems.

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

Height. 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.

Aesthetics. Roof-mounted solar energy system installations shall incorporate, when feasible, the following design requirements:

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.

Roof-mounted solar energy systems that use the energy on-site or off-site shall be exempt from site plan review under this chapter.

Ground-mounted solar energy systems.

Ground-mounted solar energy systems that use the electricity primarily on-site are permitted as accessory structures in all districts.

Height and setback. Ground-mounted solar energy systems shall adhere to the height and setback requirements of the underlying zoning district.

Lot coverage. The surface area covered by ground-mounted solar panels shall be included in total allowable lot coverage of the underlying district.

All such systems in the Residential (R) District shall be installed in the side or rear yards.

§ 310-70 Principal solar energy systems.

Principal solar energy systems are permitted through the issuance of a special use permit within the Industrial District, subject to the requirements set forth in this chapter.

Special use permit application requirements. For a special use permit application, the site plan application is to be used and supplemented by the following provisions.

If the property of the proposed project is to be leased, legal consent between all parties, specifying the use(s) of the land for the duration of the project, including easements and other agreements, shall be submitted.

Drawings showing the layout of the solar energy system signed by a professional engineer or registered architect shall be required.

The equipment specification sheets shall be documented and submitted for all photovoltaic panels, significant components, mounting systems, and inverters that are to be installed.

Property operation and maintenance plan. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing, trimming and application of herbicides.

Decommissioning plan. To ensure the proper removal of large-scale solar energy systems, a decommissioning plan shall be submitted as part of the application. Compliance with this plan shall be made a condition of the issuance of a special use permit under this chapter. The decommissioning plan must specify that after the large-scale solar energy system 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 the 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 timeline for execution. A cost estimate detailing the projected cost of executing the decommissioning plan shall be prepared by a professional engineer or contractor. Cost estimations shall take into account inflation. If the large-scale solar energy system is not decommissioned after being considered abandoned, the City may remove the system and restore the property and impose a lien on the property to cover these costs to the City.

Prior to the acceptance of a special use permit application, the applicant must provide the City with a performance guarantee as provided herein. The amount of the guarantee shall be 1.25 times the estimated decommissioning cost or $50,000, whichever is greater. Estimates for decommissioning the site shall be determined by a professional engineer or a licensed contractor. It is the responsibility of the applicant to provide the City with the certified cost estimate.

(7)

The following types of performance guarantees are permitted:

A surety or performance bond that renews automatically, includes a minimum sixty-day notice to the City prior to cancellation, is approved by the City Clerk, and is from a company on the U.S. Department of Treasury's listing of certified companies. A bond certificate must be submitted to the City Council each year verifying the bond has been properly renewed.

A certified check deposited with the City Clerk, as escrow agent, who will deposit the check in an interest-bearing account of the City, with all interest accruing to the applicant. Funds deposited with the City Clerk will be returned when the solar farm is decommissioned and any necessary site restoration is completed.

A no-contest irrevocable bank letter of credit from a banking corporation licensed to do business in the State of New York. The terms of the letter must include the absolute right of the City Comptroller to withdraw funds from the bank upon certification by the City Manager that the terms and conditions of the performance guarantee have been breached. The letter of credit must be valid up to 12 months from the date the performance guarantee was approved.

(8)

The full amount of the bond, certified check, or letter of credit must remain in full force and effect until the solar farm is decommissioned and any necessary site restoration is completed.

(9)

Special use permit standards.

Setback. Principal solar energy systems shall adhere to the setback requirements of the underlying zoning district. The large-scale solar facility may require further setbacks if adjacent to an existing residential use.

Height. Principal solar energy systems shall not exceed 20 feet in height.

Lot size. Large-scale energy systems shall be located on lots with a minimum lot size of three acres.

(d)

Lot coverage. A large-scale solar energy system that is ground-mounted shall not exceed 70% of the lot on which it is installed. The surface area covered by solar panels shall be included in total lot coverage.

(e)

Large-scale solar energy systems should, where feasible, integrate recreational facilities such as trails.

(f)

A full environmental assessment form and a visual EAF addendum form shall be prepared in accordance with the State Environmental Quality Review Act.

(10)

Removal of abandoned large-scale solar energy systems.

Any large-scale solar energy system found to be unsafe by the Bureau of Code Enforcement shall be repaired by the owner or lessee or tenant to meet federal, state, and local safety standards or removed within six months.