Village of Menands, NY Article 9 Supplemental Regulations

§ 169-40 Multifamily dwellings.

A. Landscaping requirements. All projects shall be suitably landscaped, including the provision of effective screening along the property boundaries, including side and rear boundaries abutting streets.

B. Pedestrian circulation. Sidewalks and pathways shall be designed to provide safe and convenient access between buildings and internal recreation, parking, service areas and public transportation routes. In no case shall buildings be closer to one another than 25 feet in an R4 District.

C. Accessory structures. The permitted accessory structures and uses for multifamily residential districts shall be as specified in Schedule A.[1]

[1] Editor's Note: See the requirements set forth in Article 2.

§ 169-41 Townhouse structures.

Except as modified hereafter, the regulations for townhouse structures shall apply to:

A. Building length. The maximum building length of any townhouse structure shall be 225 feet.

B. Utilities. Each townhouse shall be a self-contained one-family dwelling unit with independent plumbing, heating, cooling and utility systems and facilities. Adequate public water, sewerage and storm drain facilities must be available.

C. Building spacing and layout. Townhouse structures shall be located so that monotonous and undifferentiated silhouettes are avoided. In no case shall townhouse structures be closer to one another than 25 feet.

§ 169-41.1 Individual manufactured homes.

A manufactured home may be permitted within any zoning district where single-family dwellings are permitted pursuant to this chapter, provided that the follow requirements are met:

A. The manufactured home shall be a minimum of 18 feet in width.

B. The manufactured home shall meet the setback requirements of the applicable zoning district in accordance with this chapter.

C. The manufactured home shall be affixed to a permanent foundation, and all towing devices, wheels, axles, and hitches shall be removed.

D. The manufactured home shall be placed on the lot in such a manner that is compatible with and reasonably similar in orientation to any site-built housing in adjacent or nearby locations.

E. No more than one manufactured home shall be allowed on a single lot.

§ 169-41.2 In-law apartments.

In-law apartments may be permitted where authorized pursuant to Article 2 of this chapter, provided that the following requirements are met:

A. An in-law apartment shall be classified as an accessory structure and shall therefore not count towards the number of permitted dwelling units.

B. An in-law apartment shall only be permitted in a single-family dwelling.

C. No more than one in-law apartment shall be permitted on any lot.

D. An in-law apartment shall not exceed 800 square feet, shall be restricted to one bedroom, and shall be connected to the same utilities as the principal dwelling.

E. An in-law apartment shall be located within or attached to the single-family dwelling and shall not have a separate entrance.

F. An in-law apartment shall not be located within or attached to an accessory structure.

§ 169-42 Private outdoor swimming pools.

A single private outdoor swimming pool per dwelling is permitted as an accessory use to a residential structure. Any edge of such pool shall not be located closer than 10 feet to any lot line nor in any front yard, and such pool shall not occupy more than 10% of the maximum lot coverage specific to the applicable zoning district. Adequate safety measures, sufficient to make such pool inaccessible from the outside to small children, shall be provided and maintained by the owner of the land on which such pool is situated.

§ 169-43 Home occupations.

A. Purpose. The purpose of regulating home occupations is to allow home office or small business development within dwellings and their accessory structures in residential neighborhoods, while still preserving the value and character of the existing residential properties.

B. Prohibited occupations. Prohibited home occupations include those that would generate adverse impacts to, or are incompatible with, the existing character of a residential neighborhood, as determined by the Code Enforcement Officer. For the purposes of this section, the following uses are specifically prohibited as home occupations:

(1) Medical facilities.

(2) Animal day care, animal boarding, veterinary facility, or animal shelters.

(3) Motor vehicle sales and service, motor vehicle fuel sales, motor vehicle repair shop.

(4) Cannabis retail dispensary.

(5) Supermarket.

(6) Car wash.

(7) Performing arts center.

(8) Restaurants.

(9) Transit facility.

(10) Light or heavy industry and manufacturing facilities.

(11) Warehouse and warehousing.

(12) Hotels and motels.

(13) Cultural venue.

(14) Public or private schools (excepting home-schooling).

(15) Truck-driving school.

C. Requirements. A home occupation use shall comply with the following minimum requirements:

(1) The home occupation must be clearly incidental and secondary to the use of the residential dwelling and shall conform to all requirements of the New York State Uniform Building and Fire Prevention Code.

(2) The residential character of the lot and structures located thereon shall be preserved. Structural alterations or additions of a nonresidential nature shall be prohibited.

(3) The home occupation shall be owned and operated by a full-time resident of the dwelling.

(4) (Reserved)

(5) No more than two employees shall be permitted that are not residents of the dwelling.

(6) No more than one unlighted sign measuring no larger than two square feet in size, identifying the business, attached flat against the building, shall be permitted. A sign permit pursuant to Chapter 138, Signs and Billboards, shall be required.

(7) There shall be no outdoor storage of materials, goods, supplies, or equipment related to the home occupation visible from adjoining properties or a public right-of-way.

(8) No home occupation shall produce odors, noises, dust, vibrations, glare, or any other nuisance not typically found in a residential neighborhood.

(9) No expansion of a driveway for the purposes of accommodating employees and/or customer parking shall be permitted.

(10) No traffic is generated by the home occupation in any greater volume than would normally be expected from a dwelling unit in the residential neighborhood in which the use is to be located.

§ 169-44 Cannabis retail dispensaries.

A. Allowed districts and approvals.

(1) Cannabis retail dispensaries may be allowed in the Broadway Business District (BBD) and T5 Zoning Districts with issuance of a special use permit and site plan approval.

(2) All Village approvals shall be conditioned upon issuance of the applicable licenses by New York State.

(3) All Village approvals issued under this section shall have a term limited to the duration of the applicant's use of the premises as a licensed operator.

B. Location requirements.

(1) Required separation distances.

(a) The following separation distances shall be required consistent with applicable New York State regulations pertaining to adult-use retail dispensaries:

[1] School grounds. No cannabis retail dispensary shall be located on the same road and within 500 feet of school grounds, as this term is defined in this chapter.

[2] Religious use. No cannabis retail dispensary shall be located on the same road and within 200 feet of a building occupied exclusively as a religious use.

(b) Separation distances shall be measured in a straight-line between property boundaries.

(2) Fixed location. All cannabis retail dispensaries shall be operated from a fixed location and shall not be operated from a movable structure or vehicle, except as may be permitted for delivery purposes pursuant to the MRTA.[1]

[1] Editor's Note: See Cannabis Law § 1 et seq.

(3) Entrances. The principal entrance must be located on a public thoroughfare at street level.

C. Home occupation prohibited. No cannabis retail dispensary shall be permitted as a home occupation.

D. Security.

(1) All cannabis retail dispensaries shall provide proper security at the premises meeting minimum standards set forth by the Office of Cannabis Management to deter and prevent illegal activities from taking place on or near the applicant's premises and to avoid conduct that has an adverse effect on the health, safety and/or welfare of employees, customers, and the surrounding neighborhood.

(2) A security plan shall be provided with the site plan/special use permit application.

E. Outdoor storage. No cannabis retail dispensaries shall be permitted to store products, materials, or other supplies outdoors.

F. Control of emissions and waste.

(1) Sufficient measures and means of preventing smoke, odors, debris, dust, fluids, and other substances from exiting a cannabis retail dispensary shall be provided at all times.

(2) All site plan/special use permit applications for cannabis retail dispensaries shall provide an odor and waste control plan that provides for proper and adequate ventilation and demonstrates that any odors and waste associated with the cannabis retail dispensary shall be effectively confined to the premises and so treated as to avoid any negative impacts to neighboring properties.

(3) The facility operator shall properly dispose of all such materials, items, and other substances in a safe, sanitary, and secure manner and in accordance with all applicable federal, state and local laws and regulations.

G. Discontinuation of use and license revocation. If the cannabis retail dispensary ceases to operate in accordance with the applicable State of New York license or if the license issued pursuant to the MRTA is revoked by the State of New York, the facility operator shall immediately notify the Code Enforcement Officer, the applicable special use permit and site plan approval shall automatically be revoked, and all materials, cannabis products, equipment, and signage shall be removed from the premises and properly secured in accordance with applicable State of New York requirements.

H. Signage. All signage shall comply with the MRTA, applicable regulations established by the Office of Cannabis Management, and shall obtain a Village sign permit in accordance with Chapter 138 (Signs and Billboards) of the Menands Village Code.

§ 169-45 Communication towers.

A. Purpose and intent. This section is enacted to allow for the orderly and desirable placement, construction and modification of communications towers, antennas and accessory communications structures within the Village of Menands, while ensuring the Village's residential neighborhoods, mixed-use districts, and parks are not negatively impacted.

B. Permitting.

(1) New communications towers. Except as otherwise provided by this chapter, no person shall be permitted to site, place, build, construct, or prepare any site for the placement or use of a new communications tower as of the effective date of this chapter without having first obtained a special use permit in accordance with this section.

(2) Modification or co-location on existing legally permitted communications towers. Except as otherwise provided by this section, the proposed co-location of new transmission equipment on, or the modification of a legally permitted communications towers existing on the effective date of this section, shall require site plan approval, except a special use permit shall be required if the proposed modification or co-location will increase the height of the existing tower.

(3) Modification or co-location on preexisting, nonconforming communications tower. Except as otherwise provided by this section, the modification or co-location on a communications tower that is not in conformance with this section and existed on the effective date of this section shall require a special use permit in accordance with this section, but at no time shall the height of said wireless communications tower be increased.

(4) Co-location on existing tall structure. Except as otherwise provided by this section, the proposed co-location of new transmission equipment on an existing tall structure shall require a special use permit in accordance with this section.

C. Exemptions to these regulations are limited to:

(1) Satellite dishes and television antenna(s) and related equipment that are accessory to residential and commercial establishment, provided that they do not exceed the maximum height permitted by this chapter by more than 10 feet.

(2) Amateur radio facilities as licensed by the Federal Communications Commission (FCC).

(3) Any repair and maintenance of a communications tower consisting of the replacement of any components of a wireless facility where the replacement is identical to the component being replaced or involving the normal repair and maintenance of a wireless facility without the addition, removal or change of any of the physical or visually discernible components or aspects of a wireless facility that will add to the visible appearance of the facility as originally permitted.

(4) Where these regulations conflict with other laws and regulations of the Village of Menands, the more restrictive shall apply, except for tower height regulations that shall be governed by these standards.

D. Type of communications towers permitted.

(1) Only single pole or monopole towers shall be permitted, except where an applicant proposes an alternative tower design deemed acceptable by the Board of Trustees.

(2) Lattice towers shall be prohibited.

E. Prioritizing siting locations.

(1) Applicants shall be required to comply with the priorities set forth herein when selecting the location for any new communications tower structure or co-location facility. Additionally, applicants must refer to the Village's planning documents, including the Comprehensive Plan and other relevant Village planning materials to help minimize aesthetic and visual impacts to community character in the detailed site planning and design for any project.

(2) An applicant shall locate, co-locate, site and erect communications towers, structures, antennas and accessory structures, alternative tower structures, or other tall structures in accordance with the priorities expressed within this section, with Subsection E(3)(a) below being the highest priority and Subsection E(3)(e) below being the lowest priority. An applicant shall not bypass sites of higher priority by stating the site presented is the only site it has leased or selected to cover the area of its demonstrated area of need. An application shall address co-location on an existing communications facility or tall structures as a primary option, and if such option is not proposed, the applicant must explain why co-location is commercially impracticable or is technologically infeasible as demonstrated by substantial evidence in the written record. Agreements between providers limiting or prohibiting co-location shall not be a valid basis for any claim of commercial impracticability or hardship.

(3) Prioritization. The siting of new communications towers and antennas shall be guided by the following prioritization of methods and zoning districts:

(a) Co-location on existing communications sites or tall structures, regardless of the zoning districts.

(b) Use of appropriate alternative tower structures, within allowed zoning districts east of Broadway (Route 32).

(c) Use of two or more shorter tower structures as an alternative to one taller structure, within allowed zoning districts, provided that the potential cumulative adverse visual impacts are less than what would occur with the use of one taller structure.

(d) New standalone communications towers west of Broadway (Route 32) in allowed zoning districts.

(e) New standalone communication towers west of Broadway (Route 32) in allowed zoning districts.

F. Site selection criteria.

(1) In all cases, co-locating on existing tall structures or utilizing appropriate alternative tower structures or nonresidential structures are preferred methods of providing service, provided that there is no significant adverse impact to residential property within 500 feet of said structure or accessory equipment that cannot be mitigated.

(2) If the proposed property site is within a residential district, as defined herein, then a detailed explanation must be provided as to why a site of higher priority method or location was not selected for the provision of service to the service area identified in the application. The applicant seeking such an exception must satisfactorily demonstrate, by objectively verifiable data, the reason why a site in higher-priority method or districts was not selected to provide the service improvement. The Board of Trustees shall review such applications with strict scrutiny under the Telecommunications Act of 1996 ("Federal Act") as amended and SEQRA.

(3) Notwithstanding that a potential site may be situated in an area of highest priority or highest available priority, the application may be disapproved for any of the following reasons:

(a) Conflict with safety and safety-related codes and requirements.

(b) Conflict with the historic nature of a neighborhood or historic district, where applicable.

(c) Adverse aesthetic impact upon the overall character of the neighborhood and surrounding community, or conflict with fundamental policy as expressed within the Village's Comprehensive Plan and any other applicable Village or regional planning document.

(d) The applicant's failure to demonstrate, through submission of objectively verifiable data, that the facility is needed in order to fill service gaps within the Village under the Federal Act.

(e) The applicant fails to satisfy any criteria for siting under this section.

(f) Adverse environmental impacts or resulting cumulative impacts which cannot be mitigated pursuant to review of the application under SEQRA.

G. Procedures for review.

(1) All applicants seeking approval of a communications tower, co-location facility or any modification of such a facility shall follow the procedures set forth in this section and in Article 10 (Site Plan Review) and Article 11 (Special Use Permit Review) of this chapter, as applicable.

(2) Decision by the Board of Trustees. In addition to all requirements and standards of this section, the Board of Trustees may approve or deny the applicable approval on the basis of the criteria and requirements set forth in Article 10 (Site Plan Review) and Article 11 (Special Use Permit Review) of this chapter, as applicable.

(3) Preapplication meeting required for all proposals. The preapplication meeting is intended to address issues to help expedite the review and permitting process. A preapplication meeting should involve, at a minimum, the applicant, a member of the Board of Trustees, the Village Designated Engineer, and the Code Enforcement Officer and may consist of a conference call, in-person meeting, and/or a site visit.

(4) Relief, waiver, or exemption. Any applicant desiring relief, waiver or exemption from any aspect or requirement of this section may make such request at the preapplication meeting or, subsequently, to the Board of Trustees. Any request for waiver or exemption from any aspect of this section shall be contained in the original application. Such relief may be temporary or permanent, partial, or complete. However, the burden of proving the need for the requested relief, waiver or exemption is solely on the applicant to prove. The applicant shall bear all costs of the Village in considering the request and the relief, waiver, or exemption. No such relief or exemption shall be approved unless the applicant demonstrates by clear and convincing evidence that, if granted, the relief, waiver or exemption will have no significant effect on the health, safety and welfare of the Village, its residents and other services or the ability of the Board of Trustees to conduct its review pursuant to this section.

H. Application requirements. In addition to all other application requirements as stated in Article 10 (Site Plan Review) and Article 11 (Special Use Permit Review), all applications for the construction or installation of new wireless telecommunications facilities, co-location facilities, or modification of an existing wireless telecommunications facility shall contain the following, unless otherwise waived by the Board of Trustees:

(1) Names, mailing addresses, phone numbers and email addresses of the following parties, as appropriate:

(a) The person(s) preparing the application.

(b) The landowner of the project site to be purchased, leased, or otherwise acquired.

(c) The owner of a tower, building or structure on which co-location is proposed, if the owner is not the applicant.

(d) The applicant, including the applicant's legal name.

(e) Engineering consultant(s).

(f) Legal representative(s).

(g) Other authorized service providers proposing to co-locate on the wireless telecommunications facility.

(2) The postal address and Tax Map parcel number(s) of the property.

(3) Documentation to verify the applicant has the right to proceed as proposed on the site. This requires an executed copy of the lease with the landowner or landlord or a signed letter acknowledging authorization. If the applicant owns the site, a copy of the ownership record is required.

(4) The zoning district in which the property is situated.

(5) A descriptive statement of the objective(s) for the new facility, modification, or co-location, including and expanding on a need such as coverage and/or capacity requirements.

(6) Documentation that demonstrates and proves the need for the wireless telecommunications facility to provide service primarily and essentially within the Village of Menands. Such documentation shall include 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 if a capacity need, including an analysis of current and projected usage.

(7) A certified site plan, accurately drawn to scale, containing the following information:

(a) Title block, including name of project, name of applicant, name of map preparer, and address of the property.

(b) Small-scale location and zoning map at a scale of one inch equals 2,000 feet; location map shall be oriented the same as the site plan.

(c) North arrow.

(d) Existing zoning district, with district boundaries within 500 feet of the site.

(e) Existing vegetation, watercourses, and other natural features.

(f) Existing use of all adjoining properties.

(g) Names of all adjoining properties.

(h) Locations and names of adjacent streets.

(i) Boundary line of property, including any interior lot lines.

(j) Size of the property in square feet.

(k) Location, size, and height of all existing structures on the property.

(l) Existing structures, utilities, and site improvements on and within 100 feet of the site.

(m) The location of the nearest residential structure.

(n) Existing parking, circulation, site access, storage, and the number of parking spaces.

(o) Type, locations and dimensions of all existing landscaping and fencing.

(p) Location of any proposed tower and antenna(s) and all related fixtures, structures, appurtenances, and apparatus, including height above preexisting grade, materials, color and lighting.

(q) Azimuth, size and center-line height location of all proposed and existing antennas on the supporting structure.

(r) Where applicable, the following additional information shall be provided:

[1] Proposed buildings and other improvements (with building and setback dimensions).

[2] Existing and proposed utilities, including lateral locations, sizes, and connection points.

[3] The location, size and height of all proposed structures on the property.

[4] The type, locations and dimensions of all proposed landscaping, vegetation, and fencing.

[5] Proposed clearing and grading limits.

[6] Proposed parking, circulation, site access, storage, service, and display areas, with number of parking spaces.

[7] Existing/proposed easements.

[8] Existing and proposed site coverage statistics (building area, paved area, and green space area in square feet and as a percentage of the total site area).

[9] A three-inch-by-three-inch block for site plan approval stamp (at lower right side of plan).

(s) The number, type and model of the antenna(s) proposed with a copy of the specification sheet.

(t) The make, model, type and manufacturer of the tower and design plan stating the tower's capacity to accommodate multiple users.

(u) Construction plans showing the elevation of the proposed wireless telecommunications facility, tower, antennas, and/or accessory facilities or structures. Show all foundations, piers, structural supports, crossarms, guy wires and anchors, antenna-mounting mechanisms, lighting, and signage. Label the size, material and color sample of wireless telecommunications facilities, towers, antennas, and accessory facilities or structures, including but not limited to equipment cabinets, fencing and storage.

(v) The frequency, modulation, and class of service of radio or other transmitting equipment.

(w) The actual intended transmission power stated as the maximum effective radiated power (ERP) in watts.

(x) A complete RF emissions study to verify compliance with FCC emissions regulations.

(y) A copy of the FCC license applicable for the intended use of the wireless telecommunications facilities.

(z) A copy of the geotechnical subsurface soils investigation, evaluation report and foundation recommendation for a proposed or existing tower site and, if an existing tower or water tank site, a copy of the installed foundation design.

(aa) A written copy of an analysis, completed by a qualified individual or organization, to determine if the proposed new tower or existing structure intended to support wireless facilities is in compliance with Federal Aviation Administration Regulation Part 77, as amended and if it requires lighting. This requirement shall also be for any existing structure or building where the application increases the height of the structure or building. If this analysis determines that an FAA determination is required, then all filings with the FAA, all responses from the FAA, and any related correspondence shall be provided with the application. If lighting is required by law or regulation, the applicant shall provide a detailed plan for sufficient lighting with as unobtrusive and inoffensive an effect as is permissible under state and federal regulations.

(bb) Certification with documentation of the structural analysis, including calculations that the wireless telecommunications facility tower and foundation and attachments, rooftop support structure, water tank structure, and any other supporting structure as proposed to be utilized are designed and will be constructed to meet all local, Village, state, and federal structural requirements for loads, including wind and ice loads. To protect municipal services, any tower located on Village property must be designed to withstand one-hundred-mile-per-hour winds and one inch of radial ice.

(cc) Documentation demonstrating that the facility will be sited so as to minimize visual intrusion as much as possible, given the facts and circumstances involved and will thereby have the least adverse visual effect practicable on the environment and its character and on the residences in the area of the wireless telecommunications facility.

(dd) Visual impact assessment. If a new tower, proposal for a new antenna attachment to an existing structure, or modification, the applicant shall furnish a visual impact assessment, pursuant to the following:

[1] If a new tower or increasing the height of an existing structure is proposed, a computer-generated zone of visibility map at a minimum of one-mile radius from the proposed structure, with and without foliage, shall be provided to illustrate locations from which the proposed installation may be seen.

[2] Pictorial representations of before and after (photo simulations) views from key viewpoints both inside and outside of the Village as may be appropriate, including but not limited to state highways and other major roads; state and local parks; other public lands; historic districts; preserves, and historic sites normally open to the public; and from any other location where the site is visible to a large number of visitors, travelers or residents, as so directed by the Board of Trustees. Provide a map showing the locations from where the pictures were taken and distance from the proposed structure. If sufficient information regarding the proposed location and tower is provided at the preapplication meeting, guidance concerning the appropriate key sites may be provided by the Board of Trustees. Otherwise, guidance would be provided at a later meeting.

[3] A written description of the visual impact of the proposed facility, including, as applicable, the tower base, guy wires, fencing and accessory buildings from abutting and adjacent properties, state highways and other major roads; state and local parks; other public lands; historic districts; preserves and historic sites normally open to the public; and from any other location where the site is visible to a large number of visitors, travelers or residents, as so directed by the Board of Trustees.

[4] The applicant shall demonstrate and provide in writing and/or by drawing how it shall effectively screen from view the base and all related equipment and structures of the proposed wireless telecommunications facility.

(ee) In the case of an application for a new tower, a written report demonstrating its meaningful efforts to secure shared use of existing tower(s) or the use of alternative buildings or other structures within the Village. Copies of written requests and responses for shared use shall be provided to the Village in the application, along with any letters of rejection stating the reason for rejection.

(ff) In the case of an application for a co-location or modification of an existing tower, the applicant is to provide signed documentation of the tower condition such as an ANSI report as per Annex E, Tower Maintenance and Inspection Procedures, ANSI/TIA/EIA-222F or most recent version. The inspection report must be performed every three years for a guyed tower and five years for monopoles and self-supporting towers.

(gg) Any and all representations made by an applicant to the Board of Trustees, on the record, during the application process, whether written or verbal, shall be deemed a part of the application and may be relied upon in good faith by the Board of Trustees.

I. Minimum standards.

(1) Height and visibility.

(a) The height of a wireless communication tower shall be limited to the minimum required to provide the proposed communications services.

(b) Unless the wireless communications tower is proposed to be located on or within a building or structure, the tower shall not project higher than 20 feet above the average tree canopy height of the proposed site, or surrounding property, if trees do not exist on said site, or 195 feet, whichever is less. For the purposes of this section, "average tree canopy height" shall be the average height above ground level of all trees that provide camouflage for the wireless telecommunications facility, such average to be determined by inventorying the trees to remain after the construction of the wireless communications facility or trees surrounding the site if no trees existing or will remain on the site.

(2) All wireless communications accessory structures shall comply with zoning setback regulations in the affected zone.

(3) All wireless communications towers shall be set back a distance at least equal to 1 1/2 times the tower's height. Additional setbacks may be required by the Board of Trustees in order to provide for public safety. Freestanding towers shall be located in the rear yard if the site has an existing principal building.

(4) Safe zone. Wireless communication towers shall be designed so that in the event of failure they will fall within the setback area of the site and/or away from adjacent development.

(5) Material and paint. Wireless communication towers and antennas shall be of a galvanized finish, or painted gray above the surrounding tree line, and gray or green below the tree line; the mountings of telecommunications antennas shall be nonreflective and of the appropriate color to blend with their background.

(a) Accessory structures and facilities shall maximize use of building materials, colors, and textures designed to blend with the natural surroundings.

(b) Existing vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible, and no cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) shall take place prior to approval of a special permit. Clear cutting of all trees in a single contiguous area exceeding 20,000 square feet shall be prohibited.

(c) Screening. Deciduous or evergreen tree plantings may be required to screen portions of the tower and accessory structures from nearby residential property as well as from public sites known to include important views or vistas. Where the site abuts residential or public property, including streets, the following vegetative screening shall be required. For all towers, at least one row of native evergreen shrubs or trees capable of forming a continuous hedge at least 10 feet in height within two years of planting shall be provided to effectively screen the tower base and accessory facilities. In the case of poor soil conditions, planting may be required on soil berms to assure plant survival. Plant height in these cases shall include the height of any berm.

(d) No portion of this site shall be used for storage or display of any product or material, or for parking of any vehicles, or for the conduct of any other business operations, unless specifically designated for such use on this site development plan.

(e) The applicant shall employ the latest current industry standard in sound-minimizing technology and demonstrate to the satisfaction of the Board of Trustees that all reasonably available technology will be implemented so as to minimize auditory impacts from generators or other ancillary equipment resulting from the proposal to adjacent properties to a reasonable level in the judgment of the Board of Trustees.

(f) Wireless communications towers shall not be artificially illuminated unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen shall, to the fullest extent possible, cause the least disturbance to the surrounding areas. Upon request from the Planning Board, the applicant shall provide a copy of any analysis indicating a requirement for lighting under Federal Aviation Regulation Part 77, as amended. If this analysis determines that the FAA must be contacted, then all filings with the FAA, all responses from the FAA and any related correspondence shall be provided to the reviewing board in a timely manner.

(g) All utilities leading to and away from the site of any communications towers, antennas and accessory communications structures shall be installed in compliance with the New York State Uniform Fire Prevention and Building Code and shall be installed underground and in compliance with all applicable ordinances, local laws, codes, rules, and regulations of the Village, including specifically, but not limited to, the National Electrical Safety Code and the National Electrical Code, where appropriate.

(h) No signs or advertising materials of any nature shall be allowed on any communications tower or antenna unless such signs consist of warning signs or other notifications designed to alert the public to safety concerns.

(i) Access. Adequate emergency and service access shall be provided. Maximum use of existing roads, public or private, shall be made. Road construction shall, at all times, minimize ground disturbance and vegetation cutting to within the toe of fill, the top of cuts or no more than 10 feet beyond the edge of any pavement. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential.

(j) Fencing. Sites of proposed new towers and sites where modifications to existing towers are proposed shall be adequately fenced to prevent unauthorized access, unless the applicant demonstrates to the Board of Trustees that such measures are unnecessary to ensure the security of the facility.

(k) Security lighting. Motion-activated or staff-activated security lighting around accessory communications structures, antennas or communications towers may be provided if such lighting does not project off the site. Such lighting should only occur when the area within the fenced perimeter has been entered.

(l) There shall be no permanent climbing pegs within 30 feet of the ground on any tower.

(m) A locked gate at the junction of the accessway and a public thoroughfare may be required to obstruct entry by unauthorized vehicles. Such gate must not protrude into or interfere with the public right-of-way.

(n) Inspection required. All accessory communications structures, antennas or communications towers shall be inspected at least every fifth year for structural integrity by a licensed New York State professional engineer at the cost of the owner of the accessory communications structure, antenna or communications tower. A copy of the inspection report shall be submitted to the Code Enforcement Officer.

J. Fees.

(1) At the time that a person submits an application in accordance with this section, such person shall pay a nonrefundable application fee. Application fees shall be established by the Board of Trustees by resolution. A fee schedule shall be made available upon request. No required fee shall be substituted for any other fee.

(2) In addition to the required application fee, applicants shall deposit an additional amount in accordance with § 169-12 (Expenses) of this chapter to cover the costs of any necessary professional reviews.

K. Removal.

(1) The applicant shall submit an agreement, in writing, to remove all accessory communications structures, antennas or communications towers if such facilities become technically obsolete or cease to be used for their original intended purpose for more than 12 consecutive months. Upon removal of said facilities, the land shall be restored to its previous condition, including but not limited to the seeding of exposed soil.

(2) The applicant must submit an analysis by a New York State licensed professional engineer of the cost of removal of the accessory communications structure, antenna and/or communications tower, as applicable, and surrounding property restorations.

(3) Prior to obtaining a building permit, the applicant must provide a financial security bond or letter of credit reasonably acceptable to the Board of Trustees for the removal of the accessory communications structure, antenna and/or communications tower, with the Village of Menands as the designated assignee, in an amount approved by the Board of Trustees which is equal to the current projected cost for the removal of the type of facility permitted, plus a reasonable escalation rate based upon the anticipated useful life of the facility.

§ 169-46 Electric vehicle charging stations.

A. Purpose and intent. The purpose and intent of this section is to set forth requirements to allow for the establishment, siting, and operation of electric vehicle supply equipment in order to protect the public health, safety, and welfare of the residents of and visitors to the Village of Menands, and to promote and facilitate access to electric vehicle (EV) charging stations consistent with the Comprehensive Plan.

B. Unless otherwise waived by the Board of Trustees, any site plan for a residential use that proposes 10 or more dwelling units or a nonresidential use proposing more than 25 parking spaces shall make provisions for the installation and use of one or more EV charging stations in accordance with the following:

(1) A minimum of one parking space with a Level 1 or Level 2 EV charging station shall be required for all multifamily residential structures that include 10 or more dwelling units.

(2) Office, business, commercial or recreational and other nonresidential uses, including civic, cultural, and not-for-profit uses (e.g., libraries, day-care centers, schools, churches, etc.) that include 25 or more automobile parking spaces shall provide at least one parking space with convenient and suitable access to an EV charging station.

(3) Parking spaces for nonresidential uses shall be designed and arranged so that electric vehicle parking spaces are available for the parking of an electric vehicle. Parking spaces designated on an approved site plan for a public EV charging station shall be used exclusively for the parking of a vehicle that is connected to the EV charging station for charging.

(4) All installed EV charging station parking facilities shall be maintained in good operating condition at all times during the duration of the proposed use.

(5) In the event the Board of Trustees determines that the applicant has demonstrated good cause to waive the installation of EV charging station facilities otherwise required by this section, it shall require that a sufficient number of spaces be provided with conduit and such other equipment as may be necessary to enable an EV charging station to be installed in the future with minimal inconvenience or disturbance of parking areas.

(6) A parking space available for use by an EV charging station shall continue to be deemed a parking space for purposes of calculating the number of required parking spaces as required by Article 8, (Automobile and Bicycle Parking) of this chapter.

C. Standards for electric vehicle supply equipment.

(1) Electric vehicle charging station, restricted use. An EV charging station designated for restricted use shall be properly signed to indicate the EV charging station is available to tenants and their visitors and not for general public use.

(2) Electric vehicle charging stations on residential property shall not be available for public use.

(3) Electric vehicle charging station, public use.

(a) Electric vehicle parking and charging stations shall be equal in parking space size and performance standards as required in Article 8 (Automobile and Bicycle Parking) of this chapter.

(b) Electric vehicle parking and charging stations shall not take the place of accessible (ADA) parking spaces. Every effort should be made to provide an accessible (ADA) charging station parking space.

(c) Installation of electric vehicle supply equipment shall meet National Electrical Code Article 625, as amended.

(d) Charging station outlets and connectors shall be no less than 36 inches in height and no higher than 48 inches from the surface where mounted.

(e) Adequate EV charging station protection, such as concrete-filled steel bollards, shall be installed. Curbing may be used in lieu of bollards if the charging station is set back a minimum of 24 inches from the face of the curb.

(f) Adequate site lighting should be provided unless charging is for daytime purposes only.

(g) If time limits or vehicle removal provisions are to be applied, regulatory signage including parking restrictions, hours and days of operation, towing, and contact information shall be installed immediately adjacent to, and visible from, the EV charging station.

(h) The EV charging station shall not interfere with the minimum pedestrian clearance widths as defined in Chapter 11 of the New York State Building Code, as amended. Cords, cables, and connector equipment shall not extend across the path of travel within a sidewalk or walkway.

§ 169-47 Solar energy systems.

A. Purpose and intent. It is the policy of the Village to promote and encourage the use of solar energy systems (as defined herein) and to remove obstacles to the use of such systems. Use of solar energy for space heating, water heating or generating electricity reduces dependence upon finite fossil fuel resources, helps reduce the amount of pollution resulting from the use of fossil fuels and reduces or eliminates carbon dioxide emissions. In addition, these regulations are intended to advance and protect the public health, safety, and welfare of the Village of Menands.

B. Applicability.

(1) Articles 2 through 5 of this chapter identify the zoning districts where Tier 1, 2 and 3 solar energy systems may be permitted and the applicable review and approval processes.

(2) The requirements herein shall apply to all existing solar energy systems installed and constructed after the effective date of this section.

(3) This section shall also apply to any upgrade, modification or structural change that alters the physical size, electric generation capacity, location or placement of an existing solar energy system.

(4) Nonconforming solar energy systems. Nonconforming solar energy systems existing on the effective date of this section may be altered or expanded, provided that such alteration or expansion does not increase the extent or degree of nonconformity.

(5) All solar energy systems shall be designed, erected and installed in accordance with all applicable codes, regulations, and industry standards as referenced in the New York State Uniform Fire Prevention and Building Code.

C. Application requirements for Tier 1 and 2 ground-mounted solar energy systems.

(1) Name, address, and contact information of proposed or potential system installer and the owner and/or operator of the solar energy system. Such information of the final system installer shall be submitted prior to the issuance of a building permit.

(2) Name, address, contact information, and signature of the project applicant, as well as all the property owners, demonstrating their consent to the application and the use of the property for the solar energy system.

(3) Nameplate capacity of the solar energy system (as expressed in kW or MW).

(4) Zoning district designation for the parcel(s) of land comprising the facility.

(5) Property lines and physical features, including roads, for the project site.

(6) Adjacent land uses on contiguous parcels within a certain radius of the site boundary.

(7) Proposed changes to the landscape of the site, including site grading, vegetation clearing and planting, the removal of any large trees, access roads, exterior lighting, signage, fencing, landscaping, and screening vegetation or structures.

(8) A one- or three-line electrical diagram detailing the entire solar energy system layout, including the number of solar panels in each ground-mount array, solar collector installation, associated components, inverters, electrical interconnection methods, and utility meter, with all National Electrical Code compliant disconnects and over current devices. The diagram should describe the location and layout of all battery energy storage system components if applicable and should include applicable setback and other bulk and area standards.

(9) A preliminary equipment specification sheet that documents all proposed solar panels, system components, mounting systems, racking system details, and inverters that are to be installed. A final equipment specification sheet shall be submitted prior to the issuance of a building permit.

D. Application requirements for Tier 3 ground-mounted solar energy systems.

(1) Name, address, and contact information of proposed or potential system installer and the owner and/or operator of the solar energy system. Such information of the final system installer shall be submitted prior to the issuance of a building permit.

(2) Name, address, contact information, and signature of the project applicant, as well as all the property owners, demonstrating their consent to the application and the use of the property for the solar energy system.

(3) Nameplate capacity of the solar energy system (as expressed in MW).

(4) Zoning district designation for the parcel(s) of land comprising the facility.

(5) Property lines and physical features, including roads, for the project site.

(6) Adjacent land uses on contiguous parcels within a certain radius of the site boundary.

(7) Proposed changes to the landscape of the site, including site grading, vegetation clearing and planting, the removal of any large trees, access roads, exterior lighting, signage, fencing, landscaping, and screening vegetation or structures.

(8) Erosion and sediment control and stormwater management plans prepared to New York State Department of Environmental Conservation standards, if applicable, and to such standards as may be established by the Board of Trustees.

(9) A one- or three-line electrical diagram detailing the entire solar energy system layout, including the number of solar panels in each ground-mount array, solar collector installation, associated components, inverters, electrical interconnection methods, and utility meter, with all National Electrical Code compliant disconnects and over current devices. The diagram should describe the location and layout of all battery energy storage system components if applicable and should include applicable setback and other bulk and area standards.

(10) A preliminary equipment specification sheet that documents all proposed solar panels, system components, mounting systems, racking system details, and inverters that are to be installed. A final equipment specification sheet shall be submitted prior to the issuance of building permit.

(11) A property operation and maintenance plan that describes continuing site maintenance, anticipated dual-use, and property upkeep, such as mowing and trimming.

(12) A decommissioning plan signed by the owner and/or operator of the solar energy system shall be submitted by the applicant. The decommissioning plan shall address the following:

(a) The time required to decommission and remove the solar energy system and any ancillary structures.

(b) The time required to repair any damage caused to the property by the installation and removal of the solar energy system.

(c) The cost of decommissioning and removing the solar energy system, as well as all necessary site remediation or restoration.

(d) The provision of a decommissioning security which shall adhere to the following requirements:

[1] The deposit, executions, or filing with the Village Clerk of cash, bond, or other form of security reasonably acceptable to the Village Attorney and/or Engineer shall be in an amount sufficient to ensure the good faith performance of the terms and conditions of the permit issued pursuant hereto and to provide for the removal and restorations of the site subsequent to removal.

[2] The amount of the bond or security shall be 115% of the cost of removal and site restoration for the Tier 3 solar energy system and shall be revisited every five years and updated as needed to reflect any changes (due to inflation or other cost changes). The decommissioning amount shall be reduced by the amount of the estimated salvage value of the solar energy system.

[3] In the event of default upon performance of such conditions, after proper notice and expiration of any cure periods, the cash deposit, bond, or security shall be forfeited to the Village which shall be entitled to maintain an action thereon. The cash deposit, bond, or security shall remain in full force and effect until restoration of the property as set forth in the decommissioning plan is completed.

E. General provisions applicable to all solar energy systems.

(1) Qualified installations. Solar energy systems shall be constructed, installed, replaced or modified by a qualified solar installer, as defined herein, except that homeowners may install their own personal solar energy systems in accordance with this section. Any system installed by a homeowner and not by a solar installer shall be inspected by a licensed engineer specializing in solar energy systems and proof of acceptability of system installation shall be provided to the Village in all cases. Should any solar energy systems be connected to a public electric transmission system grid, approvals must also be gained from the appropriate utility and remain on file in the Code Enforcement Officer.

(2) Government approval. The applicant, owner or operator of a solar energy system shall establish to the satisfaction of the Code Enforcement Officer for Tier 1 solar energy systems and to the Board of Trustees for Tier 2 and 3 solar energy systems that all applicable governmental agencies with jurisdiction over the installation and operation of such solar energy system have provided all permissions and approvals necessary to install and operate such system. All such permissions and approvals required after installation shall be provided to the Code Enforcement Officer within seven days of their receipt.

(3) Limitations of approvals.

(a) Nothing in this section shall be deemed to allow any solar energy system applicant, owner, or operator the right to remove any trees, vegetation or other obstruction located on any real property over which said owner or operator does not have fee title or a solar easement.

(b) It shall be the sole responsibility of the solar energy system applicant, owner, or operator to acquire any necessary solar easements or other appropriate land use rights in order to provide for and maintain appropriate solar access areas.

(4) Glare.

(a) All solar panels shall have anti-reflective coating(s).

(b) Solar panels shall be placed and arranged such that reflected solar radiation or glare shall not be directed onto adjacent buildings, properties, or roadways.

(c) Exterior surfaces of roof-mounted collectors and related equipment shall have a nonreflective finish and shall be color-coordinated to harmonize with roof materials and other dominant colors of the structure.

(5) Waivers. The Board of Trustees may add or waive, by a simple majority of its members, any requirement for a complete application submission if it deems such waived or added requirements are appropriate in order to accomplish the purposes of this section and this chapter, and that such waived requirements are not found to be requisite in the interest of the public health, safety or general welfare or considered inappropriate or not applicable to the particular application.

F. Standards for Tier 1 rooftop-mounted solar energy systems.

(1) When attached to a pitched roof:

(a) Shall be mounted with a maximum distance of eight inches between the roof and surface of the highest edge of the system.

(b) Shall be installed parallel to the roof surface on which they are mounted.

(c) Shall not extend higher than the highest point of the roof surface on which they are mounted or attached.

(2) When attached to a flat roof, shall not extend above the top of the surrounding parapet, or more than 24 inches above the flat surface of the roof, whichever is higher.

G. Standards for Tier 1 building-integrated solar energy systems. Building-integrated solar energy systems shall be shown on the plans submitted for the building permit application for the building containing the system.

H. Standards for Tier 1 and Tier 2 ground-mounted solar energy systems.

(1) Shall not exceed a height of 12 feet. Height measurements shall be calculated when the ground-mounted solar energy system is oriented at maximum tilt.

(2) The location of the ground-mounted solar energy system shall be one that is clearly suitable and sized.

(3) The solar energy system and related structures and equipment may be located on any part of the parcel in question in accordance with the following requirements:

(a) The solar energy system and related structures and equipment may be located on any part of the parcel in question in accordance with the following requirements:

[1] Front yard: shall maintain the minimum front yard setbacks for principal structures in accordance with this chapter and shall be sufficiently screened from public rights-of-way and adjoining and nearby properties to the maximum extent practicable through the use of architectural features, earth berms, landscaping, or other screening which will harmonize with the character of the property and surrounding area.

[2] Side yard: shall maintain the minimum side yard setbacks for accessory structures in accordance with this chapter. Side yards should be screened from public rights-of-way and adjoining and nearby properties to the maximum extent practicable through the use of architectural features, earth berms, landscaping, or other screening which will harmonize with the character of the property and surrounding area.

[3] Rear yard: shall maintain the minimum rear yard setbacks for accessory structures in accordance with this chapter.

[4] The total allowed maximum square feet of ground-mounted solar panels shall not exceed the total roof area of the largest permitted structure on the subject property. An applicant proposing to exceed the total roof area of the largest permitted structure on the subject property shall be required to obtain an area variance in accordance with this chapter.

[5] The total surface area covered by ground-mounted solar panels regardless of the mounted angle, shall not be included in determining total lot coverage. Any impervious surfaces constructed to serve as a base for the ground-mounted system shall be counted towards the total lot coverage for the subject lot.

I. Standards for Tier 3 solar energy systems.

(1) Local and compatibility.

(a) The location for Tier 3 solar energy systems shall be one that is clearly suitable and sized for such use, including, but not limited to, having proper drainage and provisions for stormwater control and the ability to adequately buffer such use from adjacent uses.

(b) When siting a Tier 3 solar energy system, applicants shall first consider the following preferred locations within allowed zoning districts: Brownfields, transfer stations and closed landfills, sand and gravel mines no longer in operation, and open fields not considered productive farmland.

(c) The proposed installation must be compatible with the adjacent uses in terms of scale, siting, design, lighting, and noise generation, and must comply with all New York State and Village codes and applicable design standards or guidelines.

(d) Existing on-site vegetation shall be preserved to the maximum extent practicable.

(2) Height. Tier 3 solar energy system arrays shall not exceed 15 feet in height when oriented to maximum tilt. All other structures and equipment associated with the system shall comply with the height restrictions of the underlying zoning district.

(3) Setbacks. Tier 3 solar energy systems, including all arrays, associated structures and equipment shall be located at least 100 feet from all lot lines. The Board of Trustees reserves the right to require additional setbacks to adequately buffer adjoining uses and public property.

(4) Lot size. Tier 3 solar energy systems shall be located on lots with a minimum lot size of 10 acres.

(5) Lot coverage. All Tier 3 solar energy systems and associated accessory structures and equipment shall not exceed the maximum lot coverage requirement of the underlying zoning district. For the purposes of this section, lot coverage shall include foundation systems, typically consisting of driven piles or monopoles or helical screws with or without small concrete collars; all mechanical equipment of the solar energy system, including any pad-mounted structure for battery storage systems components, switchboards, or transformers; and paved access roads servicing the solar energy system.

(6) Buffers and screening.

(a) A minimum twenty-foot buffer, consisting of natural vegetation, shall be provided around all mechanical equipment, associated structures, and solar panel arrays to provide screening to adjacent properties and to minimize glare on adjacent properties and roadways. Noninvasive plant species and pollinator-friendly and wildlife-friendly native plants, shrubs, trees, grasses, and wildflowers must be used in the vegetative buffer. Existing trees and vegetation may be maintained within such buffer areas except where dead, diseased or as necessary for development or to promote healthy growth, and such trees and vegetation may supplement or satisfy landscaping requirements as applicable. If existing trees and vegetation are disturbed, new plantings shall be provided for the buffer. The buffer shall be maintained for the life of the facility.

(b) When a Tier 3 solar energy system site adjoins property zoned for residential use, an increase in the required vegetated buffer may be required between the residential lot and site improvements associated with the system. The additional buffer area shall be planted with a mixture of evergreen and deciduous plantings at a height so as to provide, as much as practicable, a visual screen of the ground-mounted system from residential uses. The species type, location and planted height of such landscaping shall be subject to the approval of the Board of Trustees.

(c) The Board of Trustees shall have the right to require a visual assessment analysis, including photo simulations of the proposed project from key viewpoints, including, but not limited to, public roads, scenic viewsheds, parks, protected open space, buildings and properties listed on the state and/or National Registers of Historic Places, and any additional important resource or publicly accessible location.

(7) Vegetative ground cover required.

(a) Noninvasive ground cover under and beneath the rows of solar panels shall be pollinator-friendly, low-maintenance, drought-resistant, and non-fertilizer-dependent.

(b) The project area will be seeded promptly following completion of construction in such a manner as to reduce invasive weed growth and sediment in the project area.

(c) The use of herbicides and pesticides shall be strongly discouraged and shall be limited to the maximum extent practical with natural alternative solutions preferred.

(8) Fencing.

(a) All electrical and control equipment shall be secured to prevent unauthorized access.

(b) All Tier 3 solar energy systems shall be enclosed by fencing which shall be located on the interior of the required vegetative buffer. The Board of Trustees shall have the right to decide on the type and height of fencing based on the location and screening needs.

(c) The fence shall be wildlife friendly and shall have five-inch by twelve-inch openings at ground level spaced no more than 100 feet apart to allow unencumbered travel by small animals.

(9) Underground requirements. All utility lines located outside of the facility's fenced perimeter boundary 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 limitations any poles, with new easements and right-of-way.

(10) Access. The applicant shall indicate on the site plan all existing and proposed access routes to the site, including road, electric power, emergency access, land-based telephone line connections, and other utilities existing and proposed within the property boundaries of the proposed location. Existing roadways shall be used for access to the site whenever possible and determined acceptable by the Board of Trustees.

(11) Signs. All electrical and control equipment shall be labeled. Solar equipment shall not be used for displaying any advertising. All signs, flags, streamers, or similar items, both temporary and permanent, are prohibited on solar equipment, except:

(a) Manufacturer's/installer's identification and/or facility name;

(b) Appropriate warning signs and placards;

(c) Signs that may be required by a federal agency; and

(d) Signs that provide a twenty-four-hour emergency contact phone number.

(12) When solar storage batteries are included as part of the solar energy system, they must be placed in a secure container or enclosure, meeting the requirements of the New York State Uniform Fire Prevention and Building Code when in use and when no longer used, shall be disposed of in accordance with the laws and regulations of the Village of Menands and all other applicable laws and regulations. The applicant and Board of Trustees shall refer to the New York Battery Energy Storage System Guidebook, developed by the New York State Energy Research and Development Authority during the planning, design and project review stages.

(13) Ownership. In the case of an application for a Tier 3 solar energy system to be located on private lands owned by a party other than the applicant or the Village, a copy of the lease agreement with the property owner shall be filed with the Code Enforcement Officer.

(14) Proof of insurance. The applicant and the owner of the property where the solar energy system is to be located shall file with the Code Enforcement Officer proof of insurance in a sufficient dollar amount to cover potential personal and property damage associated with construction and operation of the system.

(15) Any application under this section shall meet all applicable provisions for site plan and special use permit approval in accordance with the chapter.

(16) Abandonment and decommissioning.

(a) Purpose. It is the purpose of this section to provide for the safety, health, protection and general welfare of persons and property in the Village of Menands by requiring abandoned solar energy systems to be removed pursuant to a decommissioning plan. The anticipated useful life of such systems, as well as the volatility of the solar industry, may create an environment for systems to be abandoned, thereby resulting in a negative visual impact on the Village. Abandoned solar energy systems may become unsafe by reasons of their energy-producing capabilities and serve as an attractive nuisance.

(b) Abandonment.

[1] A Tier 3 solar energy system shall be deemed abandoned if the system fails to generate and transmit electricity at a rate of more than 10% of its rated capacity over a continuous period of one year. A Tier 3 solar energy system shall also be deemed abandoned if the facility is not completed and functioning within two years of being issued final site plan and special use permit approval.

[2] Extension of time. The time at which a Tier 3 solar energy system shall be deemed abandoned may be extended by the Board of Trustees for one additional year, provided that the system owner presents to the Board a viable plan outlining the steps and schedules for placing the system in service or back in service, at not less than 80% of its rated capacity, within the time period of the extension. An application for an extension of time shall be made to the Board of Trustees by the Tier 3 solar energy system owner prior to abandonment as defined herein. Extenuating circumstances as to why the system has not been operating or why construction has not been completed may be considered by the Board in determining whether to grant an extension.

(c) Removal required. A Tier 3 solar energy system which has been abandoned shall be decommissioned and removed. The system owner and/or owner of the land upon which the system is located shall be held responsible to physically remove all components of the system within one year of abandonment. Removal of the system shall be in accordance with a decommissioning plan approved by the Board of Trustees.

(d) Decommissioning plan. All applications for a Tier 3 solar energy system shall be accompanied by a decommissioning plan. The decommissioning plan must ensure the site will be restored to a useful, nonhazardous condition without delay, and shall at a minimum, include the following:

[1] An estimate of the anticipated operational life of the system.

[2] A schedule showing the time frame over which decommissioning will occur and for completion of site restoration work.

[3] Identification of the party responsible for decommissioning.

[4] Description of any agreement with the landowner regarding decommissioning.

[5] A cost estimate prepared by a qualified professional engineer, estimating the full cost of decommissioning and removal of the solar energy system.

[6] A financial plan to ensure that financial resources will be available to fully decommission the site.

[7] Removal of aboveground and below-ground equipment, structures, and foundations.

[8] Disposal of all solid and hazardous waste in accordance with local, state and federal waste disposal regulations.

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

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

(e) Financial surety.

[1] As a condition of the special use permit and prior to the issuance of a building permit and every three years thereafter, the Tier 3 solar energy system owner and/or landowner shall file with the Village evidence of financial security to provide for the full cost of decommissioning and removal of the solar energy system in the event the system is not removed by the system owner and/or landowner. Evidence of financial security shall be in effect throughout the life of the system and shall be in the form of an irrevocable letter of credit or other security acceptable to the Board of Trustees. The irrevocable letter of credit shall include an automatic extension provision, to be issued by an A-rated institution solely for the benefit of the Village. The Village shall be entitled to draw on the letter of credit in the event that the solar energy system owner and/or landowner is unable or unwilling to commence decommissioning activities within the time periods specified herein. No other parties, including the owner and/or landowner shall have the ability to demand payment under the letter of credit. Upon completion of decommissioning, the owner and/or landowner may petition the Village to terminate the letter of credit. In the event ownership of the system is transferred to another party, the new owner (transferee) shall file evidence of financial security with the Village at the time of transfer, and every three years thereafter, as provided herein. Failure of a transferee to file evidence of financial security at the time of transfer shall be considered a violation of this chapter.

[2] Amount. The amount of the surety shall be determined by the Village Engineer based upon a current estimate of decommissioning and removal costs as provided in the decommissioning plan and subsequent annual reports. The amount of the surety may be adjusted by the Village upon receipt of an annual report containing an updated cost estimate for decommissioning and removal.

(f) Annual report. The Tier 3 solar energy system owner shall on a yearly basis provide the Code Enforcement Officer a report showing the rated capacity of the system and the amount of electricity that was generated by the system and transmitted to the grid over the most recent twelve-month period. The report shall also identify any change in ownership of the system and/or the land upon which the system is located and shall identify any change in the party responsible for the decommissioning and removal of the system upon its abandonment. The annual report shall be submitted no later than 45 days after the end of the calendar year. Every third year, to coincide with the filing evidence of financial security, the annual report shall also include a recalculation of the estimated full cost of decommissioning and removal of the system. The Village may require an adjustment in the amount of the surety to reflect any changes in the estimated cost of decommissioning and removal. Failure to submit a report as required herein shall be considered a violation of this chapter.

(g) Decommissioning and removal by Village. If the owner or operator of the solar energy system fails to remove it in accordance with the requirements of this section within 90 days of the proposed date of decommissioning, as specified in the decommissioning plan, and provide an absent notice of an extension granted by the Board of Trustees, the Village may enter the property and physically remove the installation at the expense of the property owner or against any financial surety assigned to the Village as provided for above. The following procedure shall be used for proceeding with town removal.

[1] Upon a determination of the Code Enforcement Officer that a solar energy system has been abandoned, the Code Enforcement Officer shall notify the system operator, landowner and permittee by certified mail: a] in the case of a facility under construction, to complete construction and installation of the facility within 180 days; or b] in the case of a full constructed facility that is operating at a rate of less than 10% of its rated capacity, to restore operation to the facility to no less than 80% of rated capacity within 180 days, or the Village will deem the system abandoned and commence action to revoke the special use permit approval.

[2] Being so notified, if the system owner, landowner and/or permittee fails to perform as directed by the Code Enforcement Officer within the 180-day period, the Code Enforcement Officer shall notify the system owner, landowner and permittee, by certified mail, that the system has been deemed abandoned and the Village intends to revoke the special use permit within 60 days of mailing said notice. The notice shall also state that the permittee may appeal the Code Enforcement Officer's determination of abandonment to the Zoning Board of Appeals and request a hearing on the matter.

[3] Said appeal and request for hearing must be made and received by the Village within 20 days of mailing the notice. Failure by the permittee to submit an appeal and request for hearing within the twenty-day period will result in the special use permit being deemed revoked as stated herein.

[4] In the event the permittee appeals the determination of the Code Enforcement Officer and requests a hearing, the Zoning Board of Appeals shall schedule and conduct said hearing within 60 days of receiving the appeal and request. In the event a hearing is held, the Zoning Board of Appeals shall determine whether the system has been abandoned, whether to continue the special use permit with conditions as may be appropriate to the facts and circumstances presented to the Zoning Board of Appeals, or whether to revoke the permit and order removal of the system.

[5] Upon determination by the Code Enforcement Officer or Zoning Board of Appeals that a special use permit has been revoked, the decommissioning plan must be implemented and the system removed within one year of having been deemed abandoned or the Village may cause the removal at the owner's and/or landowner's expense. If the owner and/or landowner fails to fully implement the decommissioning plan within one year of abandonment, the Village may collect the required surety and use said funds to implement the decommissioning plan.

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

(i) Prior to scheduled removal of the solar energy system as part of decommissioning or for abandoned systems, a permit for removal activities shall be obtained from the Code Enforcement Officer. Removal shall include solar collectors, cabling, electrical components, accessory structures, and any associated structures below grade.

§ 169-48 Outdoor lighting standards.

A. Purpose and intent. The purpose of this section is to establish regulations to allow for outdoor illumination levels which are appropriate for the use, while promoting safety and security, and minimizing the undesirable side effects of excessive illumination, such as glare, light trespass, and light pollution. Over time, it is the intent that this section will allow for reasonably uniform illumination levels in the community.

B. Recommended guidance document. Applicants and the Village should refer to the Municipal Smart City Street Light Conversion & Evolving Technology Guidebook, as amended, when planning outdoor lighting.

C. Applicability and approvals required.

(1) Where there is a conflict between this section and state or federal regulations, the more stringent standards shall apply.

(2) This section shall apply to all projects subject to subdivision, special use permit, and/or site plan approval.

(3) During subdivision, special use and/or site plan application reviews, the Board of Trustees may require a lighting plan be submitted showing the location, number, type/style, mounting height, and lighting levels produced on the ground (i.e., photometric report).

D. Requirements and standards.

(1) Except where more stringent standards are required herein, all outdoor lighting fixtures shall be, at a minimum, shielded, located, installed, and directed in such a manner as to prevent objectionable light at and across the property lines and to prevent direct glare at any location on or off the property.

(2) Exterior lighting fixtures on commercial, industrial, institutional, and multifamily properties shall conform to the Illuminating Engineering Society of North America (IESNA) criteria for full cutoff fixtures. In addition, the lighting levels shall be designed to meet the minimum requirements of the latest recommended levels set forth by IESNA. Where no standard from IESNA exists, the Planning Board shall determine the appropriate level, taking into account levels for the closest IESNA activity.

(3) To minimize the indiscriminate use of illumination, lighting, except as required by security, shall be extinguished during nonoperating hours. Where practicable, lighting installations are encouraged to include timers, sensors, and dimmers to reduce energy consumption and unnecessary lighting.

(4) Parking lots. Parking lots shall not exceed light levels necessary for safety and for locating vehicles at night. The lighting plan shall be designed so that the parking lot is lit from the outside perimeter inward and/or design features are incorporated with the intent of eliminating off-site light spillage.

(5) Canopy and roof overhang. Lights installed on canopies or roof overhangs shall be recessed so that the lens cover is flush with the bottom surface of the canopy or overhang. Lights shall not be mounted on the sides or top of the canopy or overhang.

(6) Security cameras. Facilities which employ security cameras may employ lighting to ensure proper function during all times when such cameras are in use.

(7) Energy efficient/LED lighting shall be required and equal to 3,000 Kelvin or lower to provide good visibility and a warm lighting color.

(8) The Village Board of Trustees, in coordination with law enforcement officials, reserves the right to require the outside perimeter of any building to be sufficiently illuminated to facilitate surveillance.

(9) Spacing of all lighting shall be as necessary to provide the desired level of lighting, taking into consideration safety, surveillance needs, and light trespass on nearby properties or roadways.

E. Prohibited exterior lighting. The following types of lighting are prohibited.

(1) Searchlights, except those used for governmental, emergency, and law enforcement purposes.

(2) Strobe lights, laser lights, or revolving lighting.

(3) Blinking, pulsating, tracing, or flashing lights, unless temporarily triggered by a security system.

(4) Any fixture that may be construed as or confused with a traffic signal, traffic control device or maritime navigational markers.

(5) Lighting that is determined by law enforcement personnel to contribute to disabling or distracting glare into a public roadway.

F. Exemptions. The following uses shall be exempt from the provisions of this section:

(1) Temporary carnival, circus, religious, historic, or civic use.

(2) Construction or emergency lighting, provided that such lighting is temporary and is discontinued immediately upon completion of the construction work or abatement of the emergency necessitating said lighting.

(3) Temporary/seasonal lighting, including holiday lighting.

(4) Outdoor light fixtures installed on and in connection with those facilities and land owned or operated by a public utility, the federal government, the State of New York, Albany County, the Village of Menands, or any department, division, agency, or instrumentality thereof. Voluntary compliance with the purpose and intent of this section at those facilities is strongly encouraged.

G. Inspections. The Village of Menands reserves the right to request a post-installation nighttime inspection to verify compliance with the provisions of this section and, if appropriate, to require remedial action.

H. Maintenance. Lighting fixtures shall be maintained so as to always meet the requirements of this section.

§ 169-49 Motor vehicle fueling stations.

A. Distance between motor vehicle fueling stations. No motor vehicle fueling station (station) shall be installed within 1,500 feet of any other motor vehicle fueling station, unless such station shall be installed on the opposite side of the street, highway, or thoroughfare, in which event such station shall not be installed within 900 feet of the nearest station.