Town of Ontario, NY Article XV Supplementary Regulations Governing Special Conditions and Special Permit Uses

§ 150-40 Intent.

This Article XV sets forth supplemental regulations, procedures and conditions which shall apply to certain land use activities in the Town of Ontario that are incongruous or sufficiently different in terms of their nature, location and potential effect on the surrounding environment and the quality of the environment and that warrant special evaluation of each individual case.

§ 150-41 Applicability.

No building or use permit shall be issued by the Code Enforcement Officer for any land use or activity listed in Schedule I[1] as having special conditions applicable (SC) or requiring a special permit (SP) until the Code Enforcement Officer is satisfied that applicable regulations, as set forth in this article, have been complied with or that a modification of such regulations has been duly made.

[1] Editor’s Note: Schedule I is included as an attachment to this chapter.

§ 150-42 Special conditions.

A. The special conditions set forth in this section shall be met prior to the Code Enforcement Officer issuing a building or use permit for the applicable use, unless any such special condition shall have been waived or modified by the reviewing agency, if such waiver is deemed appropriate and in the best interest of the Town and if the spirit and intent of this chapter can be maintained. Any decision to waive or modify any special condition shall be set forth in writing, with the reason for such modification or waiver being set forth by the reviewing agency.

B. The following special conditions shall apply to the following specific uses:

(1) Farms shall comply with the following:

(a) No odor- or dust-producing uses, including the storage of manure, shall take place within 150 feet from the nearest lot line, except that it is permissible to store and use, within the above limits, dust or spray material necessary to protect fruits, vegetables and farm crops from disease and insects.

(b) No hogs or chickens of any kind shall be kept except as an incidental part of a general farm operation.

(c) Fowl of any kind or livestock, including horses, shall only be kept on parcels of five acres or more in area or in a building, no part of which is closer to any property line than 150 feet.

(d) No garbage or refuse, other than that produced on the premises, is used for feed.

(e) In the Rural Residential District only, with more than five acres, the sale of farm products produced on owner's property and related seasonal products is permitted.

(2) Farm markets shall comply with the following:

(a) Any such farm market shall be located on a single tax parcel containing not less than five acres.

(b) The maximum building area devoted to farm market retail sales shall not exceed 10,000 square feet. Accessory growing structures are permitted, provided that all structures maintain a fifty-foot setback from all property lines.

(c) Farm market operations may be conducted 12 months per year.

(d) Outside storage and display of produce and plant materials is permitted on all portions of the property, with the exception of areas where traffic sight distance will be impacted. No outside storage and/or display of materials is permitted within a public right-of-way.

(e) Outside storage and display shall be not less than 50 feet from all property lines. The total square footage of all storage and display areas shall not exceed 25% of the square footage of the principal farm market structure.

(3) Permanent roadside stands shall comply with the following:

(a) Such stand sells only those products grown on the owner's property.

(b) Such stand is set back from the highway right-of-way line at least 10 feet.

(4) Riding academies, commercial stables and private stables shall comply with the following:

(a) Any building or structure used for the lodging or feeding of animals must be located at least 150 feet from any side and rear property line or from any highway right-of-way line.

(b) A private stable, riding academy or commercial stable shall comply with the provisions of § 150-42B(1) of this section.

(5) Multiple dwellings (three units) shall have adequate off-street parking, in compliance with the provisions of § 150-59 of this chapter.

(6) Multiple dwellings (four or more units) shall comply with the following:

(a) Required off-street parking must be provided, in compliance with the provisions of § 150-59 of this chapter.

(b) Where there are two or more structures containing multiple dwellings on the same lot, there shall be provided a distance between structures which shall not be less than 1 1/2 times the average height of the adjoining structures.

(c) All parking areas shall be landscaped and screened.

(7) Townhouses or row houses shall comply with the following:

(a) No more than six such attached dwellings shall be included in any single building.

(b) All parking areas shall be landscaped and screened and shall be in compliance with the provisions of § 150-59 of this chapter.

(c) A dumpster must be provided for residential trash generated on-site, which shall be landscaped and screened from public view.

(8) Mobile home dwellings shall comply with the following:

(a) Such mobile home must be located in a mobile home park, as defined and regulated in this chapter. (See § 150-63.)

(b) The Code Enforcement Officer may issue a temporary permit for not more than one mobile home, not located in a mobile home park, to the owner of property who first procures a permit to build upon such property and desires to live in said mobile home during the construction period. Such temporary permit may be revoked on 10 days' notice to the owner of the property and may be revoked by the Inspector if construction of the building for which the temporary permit has been issued does not commence within three months' time or is terminated. Such mobile home shall be immediately removed from the construction site following the revocation of the temporary permit or issuance of a permanent certificate of occupancy.

(9) Mobile home parks shall comply with the following:

(a) Such mobile home park shall be an extension of or an improvement to an existing mobile home park.

(b) Such mobile home park shall comply with the provisions of § 150-63 of this chapter.

(10) The conversion of an existing building into not more than two dwelling units shall comply with the following:

(a) The area of the lot shall be at least 70% of the minimum lot area that would be required for new construction of the equivalent number of dwelling units, unless otherwise approved as part of site plan approval.

(b) The minimum side yard requirements for the district shall be met.

(c) Parking requirements shall be met, and no parking space shall be located closer than five feet to any side lot line.

(d) Such conversion shall meet the applicable regulations of the New York State Uniform Fire Prevention and Building Code.

(11) State-regulated community residences shall comply with all applicable provisions of the Mental Hygiene Law.

(12) Day-care facilities or nursery schools shall comply with all applicable state and local codes.

(13) Public or parochial schools shall comply with the following:

(a) A landscaped buffer area shall be provided between any playground and an abutting lot.

(b) No more than 50% of the lot shall be covered by buildings and pavement. Areas not so covered shall be improved with grass, ground cover, shrubs and/or trees.

(14) Public parks, playgrounds, libraries, fire stations and other municipal buildings shall be permitted when a site plan has been approved by the Planning Board, in accordance with the regulations of the Town of Ontario. The Town Board, by majority vote, may override any condition set by the Planning Board.

(15) Home occupations shall comply with the following:

(a) Such use shall be located in an owner-occupied dwelling unit and on the same lot. No more than 35% of such dwelling may be so used for above occupation.

(b) Such use shall be conducted by persons living in the dwelling unit and not more than one additional person who does not live in such unit.

(c) All activity, including storage, shall be conducted entirely within the dwelling unit or accessory building, and no special construction or structural alteration is required.

(d) The use shall not display or create outside the building any evidence of the home occupation, except that one nonilluminated sign, not more than three square feet, may be posted.

(e) No offensive traffic, noise, odor, smoke, dust, heat, glare or electrical disturbance shall be produced by the home occupation.

(16) Private swimming pools shall be permitted only when in compliance with all applicable Town regulations.

(17) Retail stores, banks, business offices, indoor theaters and indoor recreation facilities shall comply with the following:

(a) Access drives to parking lots shall be a minimum of 18 feet in width for one-way traffic, a minimum of 24 feet in width for two-way traffic and a maximum of 30 feet in width and must be well defined by curbs or landscaping.

(b) Common drives on property are encouraged.

(18) Restaurants, hotels and motels shall provide that any outdoor dining or service be located so as to not obstruct sidewalks or other public property.

(19) Storage structures (ministorage) shall comply with the following:

(a) Access drives to parking and storage areas shall be a minimum of 18 feet in width for one-way traffic, a minimum of 24 feet in width for two-way traffic and a maximum of 30 feet in width and must be well defined by curbs or landscaping.

(b) No more than 50% of any required front yard area shall be paved. Any unpaved area on the site shall be improved with trees, shrubs, ground cover and other forms of landscaping.

(20) Convenience marts, motor vehicle service stations, commercial garages, and car-washing establishments shall comply with the following:

(a) No access or egress driveway shall have its center line located less than 50 feet from the intersection of any two street right-of-way lines.

(b) Access drives shall be a minimum of 18 feet in width for one-way traffic, a minimum of 24 feet in width for two-way traffic and a maximum of 30 feet in width and must be well defined by curbs or landscaping.

(c) Any stored liquid fuel, oil or similar substance shall be stored in compliance with state and federal regulations.

(d) No major repair work is conducted outside of a structure and all automobile parts, dismantled vehicles and similar articles are stored inside a structure.

(e) Landscaping shall be provided adjacent to all public streets.

(21) New and used automobile sales, service or repair; motor vehicle service stations; outdoor facilities for the retail sale of boats, trailers, furniture and similar goods; and indoor or outdoor sale of building material and supplies shall comply with the following:

(a) Access drives shall be a minimum of 18 feet in width for one-way traffic, a minimum of 24 feet in width for two-way traffic and a maximum of 30 feet in width and must be well defined by curbs or landscaping.

(b) Outdoor lighting shall be located and designed so as not to produce glare on adjacent streets and properties.

(c) Landscaping shall be provided adjacent to all public streets.

(22) Excavations or fills are permitted only in compliance with the provisions of Chapter 75 of this Code.

(23) Off-street parking lots shall comply with the following:

(a) Access drives shall be a minimum of 18 feet in width for one-way traffic, a minimum of 24 feet in width for two-way traffic and a maximum of 30 feet in width and must be well defined by curbs or landscaping.

(b) A landscaped buffer strip shall be provided between such use and any adjacent residential lot.

(24) Newspaper vending machines shall comply with the following:

(a) Such machine shall not be attached or secured in any way to any pipe, pole, tree or standard owned or controlled by the state, county or Town.

(b) The location of such machine shall be no less than 25 feet from the intersection of two curblines or edge-of-pavement lines.

(c) The location of such machine shall not reduce the unobstructed width of any sidewalk to less than 40 inches.

(25) Private boats, recreational vehicles, travel or camp trailers shall comply with the following:

(a) No such boat, trailer or similar recreational equipment or recreational vehicle shall be parked or stored out-of-doors on a lot upon which a principal building does not exist, unless such a vehicle is stored in excess of 200 feet from the front property line.

(b) All boats, boat trailers, recreational trailers and recreational vehicles shall be parked or stored in a secure manner so as to avoid being a safety hazard.

(c) Visiting trailers at private residences in the RR district may obtain a permit to remain for a period of six months, as long as the trailer sits behind the front line of the house, does not encroach upon the side yard setback and does not create a detriment to the health, safety or welfare of the neighborhood or community. Visiting trailers at private residences in SR and UR Districts may obtain a permit for 90 days per year. The Code Enforcement Officer shall check on those conditions at least once every 90 days. These trailers are to be used for sleeping purposes only.

(26) Building-integrated, roof-mounted and small-scale ground-mounted solar energy systems shall comply with the following:

(a) Shall be designed and installed in conformance with current International Building Code requirements, as incorporated into the New York State Uniform Code, and manufacturer's suggestions. In case of conflict between these sources, the International Building Code shall control.

(b) Roof-mounted solar energy systems:

[1] Are permitted as an accessory use in all zoning districts when attached to any lawfully permitted building or structure.

[2] Shall not exceed the maximum height restrictions of the zoning district in which they are located, including the same height exceptions granted to building-mounted mechanical devices or equipment.

[3] Shall incorporate the following design requirements:

[a] Panels installed on a sloping roof 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 the highest edge of the system.

[b] Panels installed on a flat or near-flat roof shall be screened by a parapet wall or other screening materials at the same height as the top of the panels.

[c] All flat and near-flat roof installations shall provide a perimeter area around the edges of the roof for emergency access and maintenance work. Larger buildings may be required to provide internal walkways to equipment, access hatches, stairways, ladders, and other roof penetrations or equipment.

[d] All solar panels shall have an antireflective coating.

(c) Small-scale ground-mounted solar energy systems:

[1] Shall be designed and installed in conformance with current International Building Code requirements, as incorporated into the New York State Uniform Code, and manufacturer's suggestions. In case of conflict between these sources, the International Building Code shall control.

[2] Are limited to a maximum of 20% of lot coverage. Further, the surface area covered by ground-mounted solar panels shall be included in the total lot coverage allowed in the applicable zoning district. Such area shall be based upon square feet of solar panel surfaces.

[3] Shall have a maximum height of 10 feet.

[4] Shall be installed in the side or rear yards only, with a minimum setback of 25 feet to any adjoining property lines.

[5] All solar panels shall have an antireflective coating.

(27) Farm labor camps shall comply with the following:

(a) All structures shall be set back a minimum of 200 feet from any road or highway.

(b) A landscaped buffer strip shall be planted to screen any structures from an adjacent highway.

(c) Such camps and structures shall comply with all applicable state, county and federal regulations.

(28) Kennels shall comply with the following:

(a) In the RR District, all structures, pens and exercise runways shall be located at least 300 feet from any property line. A minimum of five acres is required to operate a kennel.

(b) In the BT or I Districts, the following shall apply:

[1] A noise and visual barrier consisting of a suitable fence or dense vegetative planting shall be provided, fully encircling all kennel areas not enclosed in a building.

[2] All animals shall be confined to an individual crate or cage and within a building between the hours of 8:00 p.m. and 6:30 a.m.

[3] No noticeable odors or offensive noise shall be emitted from the site.

[4] There shall be no incineration of waste and/or refuse on the site.

[5] There shall be no breeding of animals on the site.

[6] The reviewing agency shall also consider the following:

[a] Provisions for controlling noticeable odor and offensive noise.

[b] Disposal plan for animal waste.

[c] Supervision of animals, particularly when outside a building.

[d] Adequacy of outdoor areas, including size, number of areas and separation of areas with visual buffering.

[e] Soundproofing methods for buildings.

[f] Maximum number of animals to be maintained.

[g] Hours of operation.

[h] Existing or proposed natural or man-made barriers.

[i] Other factors which the reviewing agency reasonably determines are appropriate to prevent and/or mitigate negative effects to adjoining properties and the neighborhood.

(29) Multiple dwellings (four or more units) shall comply with the following:

(a) A landscaping and drainage plan shall be approved by the Planning Board.

(b) No more than 50% of any required front yard area shall be paved. All unpaved areas on the site shall be improved with trees, shrubs, ground cover and other forms of landscaping.

(c) In the case of two or more structures or buildings on the same lot containing multiple dwellings, there shall be provided a distance between structures or buildings which shall not be less than 1 1/2 times the average height of the adjoining structures.

(30) Churches and related uses shall comply with the following:

(a) Such project shall be sponsored by an organization legally established and registered in the State of New York.

(b) Landscaping shall be provided around parking lots and adjacent to all public streets.

(c) The facility must be used as a church facility for religious purposes more than 70% of the time.

(31) Hospitals and nursing homes shall comply with the following:

(a) No more than 50% of the gross lot area shall be covered with impermeable surfaces, including buildings and pavement.

(b) No more than 50% of any required front yard shall be paved.

(c) Landscaping shall be provided around parking lots and adjacent to all public streets.

(32) Tourist, boardinghouses or rooming houses shall comply with the following:

(a) Any dwelling so used shall be occupied by its owner and shall contain no more than six rooms to rent or lease for profit.

(b) No more than 50% of any required front yard area shall be paved or used for parking.

(c) One sign advertising such use shall be permitted, six square feet in area, and, if illuminated, shall not be flashing.

(33) Bed-and-breakfast facilities shall comply with the following:

(a) Any dwelling so used shall be occupied by its owner and shall contain no more than six rooms to let for profit.

(b) One sign advertising such use shall be permitted, six square feet in area, and, if illuminated, shall not be flashing.

(34) Pet shops and veterinary establishments shall comply with the following:

(a) There shall be no outdoor storage of refuse, feed or other material and no on-site incineration of refuse.

(b) A landscaped buffer strip shall be provided along the side and rear property lines that are adjacent to any residential lot.

(35) Food-processing facilities; planned industrial research parks; scientific or research laboratories; fabrication or storage of metal, paper or wood products; general processing, assembly or packaging of previously prepared materials; and light manufacturing shall comply with the following:

(a) Dust, smoke, smog, observable gas, fumes, odors or other atmospheric pollutants shall be limited, and such emissions shall be in conformity with all government rules and regulations.

(b) Noise, glare or vibration shall not be created.

(c) No activity shall create a physical hazard to persons or property by reason of fire, explosion or radiation.

(d) There shall be no discharge of any liquid or solid waste into any stream or body of water or into any disposal system that may contaminate any water supply or groundwater.

(e) All industrial processes shall take place within an enclosed building. Incidental storage of materials out-of-doors is permitted.

(f) The discharge of radioactive gases or liquid effluents shall be maintained within the limits specified by the New York State Department of Health and by the United States Atomic Energy Commission. Evidence of such compliance shall be provided to the Town Health Officer upon request.

(g) There shall be no storage of material, either indoors or outdoors, which results in the breeding of vermin or endangers health in any way.

(h) All such uses shall be set back from any side or rear property line a distance adequate to enable access by firefighting equipment.

(i) A planted and maintained buffer strip shall be provided for a visual screen between the industrial use and abutting residential or business districts.

(j) All applicable requirements of the New York State Uniform Fire Prevention and Building Code shall apply and are incorporated herein.

(36) Vehicle body shops shall provide that areas used for the temporary parking of vehicles awaiting repair be at least 15 feet from any property line and shall be screened from direct public view by landscaping or a solid fence, as approved by the reviewing agency.

(37) Satellite dishes, short-wave antennas, ham radio towers and television and radio antennas shall comply with the following:

(a) Receivers shall not be located in any front or side yard area unless no other location is technically or physically feasible.

(b) Satellite dish receivers shall not be mounted on the roof of any building or vehicle except if the receiver is 36 inches or less in diameter.

(38) Alternative energy supply systems shall comply with the following:

(a) Alternative energy supply systems shall be appropriately screened from adjoining properties and rights-of-way. Wind energy collectors (including windmills and wind turbines) and solar and geothermal residential systems in residential districts that are not physically a part of the principal structure (such as solar panels) shall not be located in the front yard, with the exception of solar-powered lights. The minimum lot size required for wind energy collectors in residential districts is five acres.

(b) Each application for a wind energy collector shall be accompanied by a complete plan, drawn to scale, showing the location of any tower on the lot; the locations of all other structures, power lines or other utility lines on the lot; dimensions and sizes of the various structural components of the tower construction; and either a certification by a professional engineer or the manufacturer's certification that any tower was designed to withstand wind load requirements for structures as set forth in the New York State Uniform Fire Prevention and Building Code.

(c) A wind energy collector shall not exceed a total height of 100 feet (including any blade in the vertical position) and shall have a fall-zone radius of 1.5 times the proposed total height (including the blades) that is wholly contained on the lot where it is located. Guy wires and anchors for the tower shall not be located closer to any lot line than five feet.

(d) The lowest portion of any blade for a wind energy collector may not at any time be closer than 25 feet to the ground.

(e) Any climbing apparatus on the outside of a tower for a wind energy collector shall be no lower than 12 feet from the ground.

(f) No wind energy collector shall be permitted that lacks an automatic braking, governing, or feathering system to prevent uncontrolled rotation, over-speeding, and excessive pressure on the tower structure, blades, and turbine components.

(39) Campgrounds must be a minimum of five acres, except nudist campgrounds must be a minimum of 50 acres.

(40) Vehicle recycling facilities shall comply with the following:

(a) All vehicle dismantling facilities must comply with the provisions of New York Environmental Conservation Law Article 27, Title 23, Vehicle Dismantling Facilities, as it may be amended from time to time. Copies of all reports submitted by the operator to the New York Department of Environmental Conservation must be filed with the Town of Ontario within 10 days of submission to the Department of Environmental Conservation. Any hazardous spill or other release shall be immediately disclosed to the Town of Ontario.

(b) All outside storage areas shall be fully screened from view by adjoining properties and roads by a fence and/or vegetative barrier approved by the Planning Board, including the screening style, design and appearance.

(c) All towing and impound yards, outside storage areas, customer parking, driveways and maneuvering areas shall be hard-surfaced with concrete, asphalt, stone or approved engineered surface.

(d) All outside storage areas shall be located on a properly drained site that is properly graded to ensure drainage consistent with DEC standards and to ensure that the site remains free from stagnant pools of water. A site drainage, stormwater and sanitary sewer plan and grading plan, with adequate facilities to dispose of any runoff and any contaminants, shall be approved by the Planning Board.

(e) All vehicles stored outside shall be free of all fluids (engine coolant, oil, transmission fluid, air-conditioning refrigerant, gasoline, etc.) and hazardous materials and substances, such as mercury, sodium aride, etc. A fluid drainage, hazardous material/substance removal and disposal plan shall be provided that complies with all federal, state and local standards and shall be approved by the Planning Board.

(f) All removal and storage of fluids, removal and storage of any hazardous materials and substances and/or dismantling of vehicles shall be conducted in an enclosed structure in accordance with a formal, written plan approved by the Planning Board.

(g) All arriving vehicles and parts are to be stored inside an enclosed structure or behind the visual barrier with sufficient safeguards (i.e., video surveillance, security, or theft prevention devices) to prevent theft prior to a vehicle being stored outside in the vehicle storage area.

(h) There shall be a vehicle, inventory and sales management system to identify and locate all vehicles and parts, which shall be a nationally recognized software or system.

(i) The construction or operation of the vehicle recycling facility shall not add to the contamination of the soil, alter groundwater flow, create additional drainage runoff or alter topography in such a way that creates hazards to the proposed site, adjoining properties, or the Town in accordance with state and federal regulations.

(j) Vehicle recycling facilities shall construct and maintain a permanent primary building.

(k) Adequate off-street customer and employee parking shall be provided and shall be approved by the Planning Board. Customer parking must be separate from any vehicle storage area and accessible from a public road without being restricted with fences or gates.

(l) A vehicle parking plan that demonstrates that vehicles awaiting processing, stored vehicles and partial vehicles are stored in a unified, organized manner clear of obstructions.

(m) A minimum of a twenty-foot-wide drive accessway with a forty-four-foot-wide outside turning radius shall be provided between every two rows of vehicles to facilitate emergency vehicles and tow vehicles.

(n) Vehicles shall only be stacked to the height of the visual barrier on storage racking, or one vehicle height when stored on the ground.

(o) An area may be designated for vehicles awaiting removal from the premises which are crushed (flattened) vehicles or vehicles to be crushed and may be stacked to a height no greater than the height of the adjoining screening. The Planning Board shall approve the location of such designated area for crushed vehicles, including the number of vehicles which may be stacked and the overall height of such stacked vehicles.

(p) Vehicle recycling facilities shall not allow objectionable smoke, noise, odors, or other adverse impacts on adjoining properties or the Town. No burning of any waste materials is permitted unless it is a part of an approved contained heat system specifically for reuse of waste fluids.

(q) All grounds and buildings shall be maintained free of insect and rodent harborage and infestation. Vehicle recycling, towing and impound facilities and outside storage facilities shall be maintained free of organic waste or inappropriately stored flammable materials. Materials that are customary to the business shall be stored in accordance with applicable laws. Vehicle storage must be maintained free of vegetation.

(r) Site lighting and operational lighting shall be installed so that it does not create traffic hazards or impacts on adjacent land uses. A lighting plan shall be approved by the Planning Board.

§ 150-43 Special use permits.

Uses requiring a special use permit (SUP) must comply with the following general requirements and applicable special requirements as set forth in this § 150-43. Such land use or activity is not permitted by right and may be permitted only after a special permit application has been duly submitted and authorized in accordance with § 150-43A of this Article XV.

A. Jurisdiction. An application for a special permit shall be reviewed by the Code Enforcement Officer and may be authorized as follows:

(1) By the Planning Board when site plan approval is required as specified in this § 150-43. (See subdivision regulations.)

(2) By the Zoning Board of Appeals for special use permit uses that do not require site plan approval by the Planning Board.

(3) By the Town Board when so specified in this section.

B. Expansion or change of existing uses. No expansion of a use that requires a special use permit or change to a different use that also requires a special permit shall be permitted without the issuance of a new special use permit allowing such expansion and/or change of use. Plans for such expansion or enlargement shall be reviewed and authorized in accordance with the applicable provisions of this § 150-43.

C. Revocation of special use permit. A special permit may be revoked if, after notice and public hearing, the board which granted it determines that any special use permit requirements and/or conditions imposed upon the special permit have been violated or not fulfilled.

D. Procedure.

(1) Application. An application for a special use permit shall be made to the Code Enforcement Officer, who shall submit such application to the agency of jurisdiction as specified in Subsection A above and shall issue no permit until authorized to do so in writing. The applicant for a special use permit may be requested to furnish such plans, drawings and other descriptive material as may be needed for complete understanding of the proposed development or use.

(2) Public hearing. A special use permit application may not be approved until a public hearing on such application has been held by the reviewing agency, following the public hearing procedures set forth in §§ 150-81 and 150-82 of this chapter. Such public hearing shall be held within 62 calendar days from the receipt of an application for a special use permit and notice thereof shall be given in accordance with the provisions of §§ 150-81 and 150-82 of this chapter.

(3) Decision.

(a) Within 62 calendar days from the public hearing, a decision to approve, with or without modification, or to disapprove the special use permit application shall be made by the reviewing agency. Failure to act within such sixty-two-day period shall be tantamount to approval and shall be authorization for the Code Enforcement Officer to issue a permit.

(b) The period for making a decision may be extended by mutual consent of the applicant and the reviewing agency. Approval of any special permit shall be conditioned on the provision of adequate safeguards to protect the health, safety and general welfare of the public and to mitigate possible detrimental effects on adjacent property.

(4) Referral to County Planning Board. When required by law, before taking final action on certain special permit applications, such applications shall be referred to the Wayne County Planning Board in accordance with §§ 239-l and 239-m of the General Municipal Law.

(5) Environmental assessment. If, in the judgment of the reviewing agency, approval of a special use permit application could result in a significant environmental impact, no such permit shall be approved until an environmental finding has been made pursuant to Part 617 of the regulations of the New York State Department of Environmental Conservation.[1]

[1] Editor's Note: See 6 NYCRR Part 617.

(6) Filing. The decision of the reviewing agency shall thereafter be filed in the office of the Town Clerk, with a copy submitted to the applicant and the Code Enforcement Officer.

(7) Modification. In reviewing any application for a special use permit, the reviewing agency may modify or waive any special condition required by § 150-42 of this chapter if it is deemed appropriate and in the best interest of the Town and if the spirit and intent of this chapter can be maintained. Any decision to waive or modify any such special condition requirement shall be set forth in writing, with the reason for such modification or waiver being set forth by the reviewing agency.

(8) Conditions. In reviewing a special use permit application, the reviewing agency may impose conditions on the approval if such conditions are reasonable and in the best interest of the Town of Ontario.

(9) General requirements. Before a special use permit can be approved, the reviewing agency shall determine that the following general requirements shall be complied with as well as any other applicable requirement for specific land uses or activities:

(a) The land use or activity is so designed, located and proposed to be operated that the public health, safety, welfare and convenience will be protected.

(b) The existence of the proposed land use activity will not cause substantial injury to the value of other property in the neighborhood where it is to be located.

(c) The proposed land use or activity will be reasonably compatible with adjoining development and the implied character of the zoning district where it is to be located.

(d) Adequate landscaping and similar screening will be provided.

(e) Adequate off-street parking and loading will be provided, and ingress and egress are so designed as to cause minimal interference with traffic on abutting streets.

(f) The proposed development will minimize erosion and will not result in increased surface water runoff on abutting properties.

(g) Existing roads and utilities serving the proposed development shall be adequate so that provision for needed upgrading is satisfactory.

(h) The proposed use or activity will conform with applicable Town, county, state and federal regulations.

§ 150-44 Solar energy systems.

A. The Town Board of the Town of Ontario states the following as its findings and legislative intent:

(1) This section is adopted pursuant to New York State Town Law §§ 261, 263 and 264, which authorize the Town of Ontario to adopt zoning provisions that advance and protect the health, safety, and welfare of the community.

(2) The Town Board of the Town of Ontario recognizes that solar energy is a clean, readily available and renewable energy source, and the Town of Ontario intends to accommodate the use of solar energy systems.

(3) However, the Town Board finds it is necessary to properly site and regulate solar energy systems within the boundaries of the Town of Ontario to protect residential uses, prime farmland, farmland of statewide importance, business areas and other land uses; to preserve the natural resources, overall beauty, nature and character of the Town of Ontario; to promote the effective and efficient use of solar energy resources; and to protect the health, safety and general welfare of the citizens of the Town of Ontario.

B. Definitions. The following definitions shall apply to this section:

APPLICANT

The person or entity submitting an application and seeking an approval under this section; the owner of a solar energy system or a proposed solar energy system project; the operator of a solar energy system or a proposed solar energy system project; any person acting on behalf of an applicant, solar energy system or proposed solar energy system. Whenever the term "applicant" or "owner" or "operator" is used in this section, said term shall include any person acting as an applicant, owner or operator of such solar energy system.

BUILDING-INTEGRATED SOLAR ENERGY SYSTEM

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

BUILDING-MOUNTED SOLAR ENERGY SYSTEM

Any solar energy system that is affixed to the side(s) or rear of a building or other structure, either directly or by means of support structures or other mounting devices, intended to produce energy for on-site consumption or credit for on-site consumption for a building, single-family residence, multifamily residence, business or farm, but not including those mounted to the roof or top surface of a building.

COMMERCIAL BUILDING-MOUNTED SOLAR ENERGY SYSTEM

Any solar energy system that is affixed to the side(s) or rear of a building or other structure, either directly or by means of support structures or other mounting devices, intended to produce energy for off-site sale to and consumption by one or more customers.

COMMERCIAL ROOF-MOUNTED SOLAR ENERGY SYSTEM

Any solar energy system mounted on the roof of any legally permitted building or structure and wholly contained within the limits of the roof surface, intended to produce energy for off-site sale to and consumption by one or more customers.

DECOMMISSIONING

The removal and disposal of all solar panels, solar energy equipment, structures, equipment and accessories, including subsurface foundations and all other material, concrete, wiring, cabling, or debris, that were installed in connection with a solar energy system, and the restoration of the parcel of land to the original state prior to construction on which the solar energy system is built to either of the following, at the landowner's (either the initial landowner or its heirs, successors or assigns) sole option: (i) the condition such lands were in prior to the development, construction and operation of the solar energy system, including but not limited to restoration, regrading, and reseeding; or (ii) the condition designed by landowner (either the initial landowner or its heirs, successors or assigns) and the Town. Details of the expected decommissioning activities and costs are to be described in the decommissioning plan and decommissioning agreement as may be required pursuant to this section.

DECOMMISSIONING AGREEMENT

A written agreement between the applicant, initial landowner and Town that sets forth the obligations of the applicant and/or the initial landowner to properly decommission the solar energy system if the use of such system is discontinued, abandoned or becomes inoperable.

GLARE

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

GROUND-MOUNTED SOLAR ENERGY SYSTEM

Any solar energy system that is affixed to the ground either directly or by support structures or other mounting devices where such structure and mounting exists solely to support the solar energy system.

INITIAL LANDOWNER

The record title owner to the real property upon which a solar energy system is constructed at the time such solar energy system is originally constructed.

ROOF-MOUNTED SOLAR ENERGY SYSTEM

A solar energy system mounted on the roof of any legally permitted building or structure and wholly contained within the limits of the roof surface, intended to produce energy for on-site consumption or credit for on-site consumption for a building, single-family residence, multifamily residence, business or farm.

SITE PLAN

The application materials, procedures and processes required by this Article XIV of the Zoning Ordinance of the Town of Ontario.

SOLAR ENERGY EQUIPMENT

Electrical energy devices, material, hardware, inverters, or other electrical equipment and conduit, not to include any type of battery energy storage system or similar device, that are used with solar panels to produce and distribute electricity.

SOLAR ENERGY SYSTEM

An electrical energy generating system composed of a combination of both solar panels and solar energy equipment.

SOLAR PANEL

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

SPECIAL USE PERMIT

The procedures and processes required by the Town of Ontario Town Code.

TILT

The vertical angle, where 0° minimum tilt means the panel is laying flat, and 90° maximum tilt means that it is vertical.

TOWN

The Town of Ontario, Wayne County, New York.

TOWN BOARD

The Town of Ontario Board.

TYPE 1 SOLAR ENERGY SYSTEM

A solar energy system intended to produce energy for on-site consumption or credit for on-site consumption for a building, single-family residence, multifamily residence, business or farm. Said system shall be considered an accessory use (as defined in § 150-5) and an accessory structure, designed and intended to generate electricity solely for use on the premises, potentially for multiple tenants, through a distribution system that is not available to the public.

TYPE 2 SOLAR ENERGY SYSTEM

A solar energy system intended to produce energy for off-site sale to and consumption by one or more customers. Type 2 ground-mounted systems are required to be located on parcels with a minimum lot size of 25 acres and must not exceed 25 acres of coverage on parcels that are 40 acres or more in size. Front, side and rear setbacks of 250 feet are required for all Type 2 ground-mounted systems.

C. Type 1 solar energy systems. Subject to the provisions of this section, solar energy systems shall be allowed as follows:

(1) Type 1 building-integrated solar energy systems are allowed in all zoning districts upon issuance of a building permit based on special application materials supplied by the Town Building and Code Department.

(2) Type 1 building-mounted solar energy systems are allowed in all zoning districts upon issuance of a building permit based on special application materials supplied by the Town Building and Code Department. All solar panels shall have antireflective coating(s).

(3) Type 1 rooftop-mounted solar energy systems are permitted in all zoning districts, subject to the following:

(a) The placement, construction and major modification of roof-mounted solar energy systems shall only be permitted upon issuance of a building permit (pursuant to Article X) based on special application materials supplied by the Town Building and Code Department.

(b) Height. Roof-mounted solar energy systems shall be subject to the applicable height restrictions for the respective zoning district.

(c) Roof-mounted solar energy system design standards. Roof-mounted solar energy system installations shall comply with the following design criteria:

[1] Solar panels facing the front yard must be mounted at the same angle as the roof's surface with a maximum distance of 18 inches between the roof's surface and highest edge of the solar energy system at any point. Solar panels not facing the front yard can be mounted at any angle relative to the roof's surface but shall not exceed a maximum height of 18 inches from the surface of the roof to the highest edge of the solar energy system at any point.

[2] No part of a roof-mounted solar energy system shall extend above, beyond, or below the edge of the roof it is mounted to. Additionally, the Code Enforcement Officer may require, at his/her sole discretion, a minimum three-foot-wide center walkway for safe access purposes.

[3] Glare. All solar panels shall have antireflective coating(s).

(d) Roof-mounted solar energy systems shall be exempt from site plan review under the Zoning Ordinance of the Town of Ontario, but shall not be constructed without a building permit first being issued pursuant to Article X and this section.

(4) Type 1 ground-mounted solar energy systems are allowed as accessory uses and/or structures in all zoning districts except Planned Unit Development districts. Type 1 ground-mounted solar energy systems which are to be located in a planned unit development must comply with the requirements of § 300-72, before the same are permitted.

(a) The placement, construction and major modification of Type 1 ground-mounted solar energy systems shall only be permitted upon issuance of building permit (pursuant to Article X) based on special application materials supplied by the Town Building and Code Department.

(b) Height. Ground-mounted Type 1 solar energy systems shall not exceed a maximum height of 15 feet as measured from the highest point of any solar panel (oriented at maximum tilt) or solar energy equipment to the ground directly beneath it.

(c) Setbacks. Ground-mounted Type 1 solar energy systems setbacks shall be twice the standard setbacks for accessory buildings or structures within the zoning district in which it is located, but in no event shall any such setback be less than 20 feet.

(d) Coverage. Ground-mounted Type 1 solar energy systems ground coverage shall not exceed the allowable total surface or area coverage for accessory buildings or structures within the zoning district in which it is located and in no event shall the combination of all accessory buildings and structures located on the premises exceed 20% coverage of the entire area of such parcel. For purposes of this provision, coverage shall be calculated based upon the total surface area of the solar panels at minimum tilt.

(e) Glare. All solar panels shall have antireflective coating(s).

(f) All ground-mounted Type 1 solar energy systems must be installed in the side or rear of the property.

(g) All applications for ground-mounted Type 1 solar energy systems for businesses (including multifamily dwellings) or farms, to the extent permitted by law, shall be subject to site plan review pursuant to § 300-128. Applications for Type 1 solar energy systems for use on residential parcels may be subject to site plan review at the sole discretion of the Code Enforcement Officer.

(h) Pursuant to 6 NYCRR 617.5, all Type 1 solar energy systems shall be deemed to be Type 2 actions for purposes of review under the New York State Environmental Quality Review Act (6 NYCRR Part 617).

D. Type 2 commercial building and roof-mounted solar energy systems. Type 2 commercial building and roof-mounted solar energy systems are allowed in the following zoning districts: Urban Residential (UR), Business (B), Business Transitional (BT) and Industrial (I). Commercial building and roof-mounted solar energy systems are subject to the requirements set forth in this section, including site plan approval pursuant to Article XIV, and are allowed only after the issuance of a special use permit pursuant to Article XV. Applications for the installation of a commercial building and roof-mounted solar energy system shall be reviewed by the Zoning Enforcement Officer and referred, with comments, to the Town of Ontario Planning Board (for site plan) and the Town of Ontario Zoning Board of Appeals (for special use permit) for their review and action, which can include approval, approval on conditions, or denial.

(1) Special use permit application requirements. For a special use permit application, the applicant shall submit to the Zoning Board of Appeals the site plan application provided to the Planning Board, any information required by Article XV and the following documents and information:

(a) If the location of the proposed project is to be leased (either building facade or surface and/or real property), proof of legal consent between all parties, specifying the use(s) of the leased area(s) for the duration of the project, including any signed lease agreement, easements and other agreements between the parties. Any lease agreement between the applicant and an initial landowner shall conform to or be amended such that it conforms with the requirements for applicant and initial landowner as set forth in the decommissioning agreement referenced in Subsection D(1)(a)(j) below.

(b) Plans and drawings for the Type 2 commercial building and roof-mounted solar energy system, signed by a professional engineer, showing the proposed layout of the solar energy system along with providing a description of all components, any non-building-mounted improvements or infrastructure, any proposed clearing and grading of the lot(s) on which the structure housing a commercial building and roof-mounted solar energy system is situate, any anticipated or possible stormwater runoff or erosion disturbances resulting from the placement of the commercial building and roof-mounted solar energy system, and utility lines (both aboveground and below-ground) on the site and adjacent to the site. The applicant shall also provide a structural analysis signed by a professional engineer demonstrating the structural adequacy of the building upon which a commercial building and roof-mounted solar energy system is to be placed to support such system in a safe fashion.

(c) Submitted plans and drawings shall show all property lot lines and the location and dimensions of all existing buildings or structures and uses on any parcel within 250 feet of the outer perimeter of the commercial building and roof-mounted solar energy system.

(d) Equipment specification sheets shall be provided for all solar panels, significant components, mounting systems, inverters or other solar energy equipment that are to be installed.

(e) A property operation and maintenance plan which describes all ongoing or periodic maintenance of the solar energy system and upkeep of the property that houses such Type 2 commercial building and roof-mounted solar energy system. Such plan shall provide for biennial preventative maintenance site inspections that will include a representative from the owner or operator of the solar energy system and the Code Enforcement Officer (or his/her designated representative). Additionally, the owner or operator shall provide the Code Enforcement Officer with reports of annual safety inspections of the solar energy system, as well as quarterly reports of inspection of the security systems relating to such solar energy system. Said plan shall demonstrate how the applicant (or the successor owner of the solar energy system) shall ensure proper removal and disposal of all solar panels and/or solar energy equipment that becomes inoperable or is no longer being utilized, and the same shall be disposed of outside the jurisdictional limits of the Town of Ontario, unless there is a properly certified and/or licensed recycling facility within the Town that recycles solar panels and solar energy equipment.

(f) Clearing, grading, stormwater and erosion control plan. If deemed desirable by the Planning Board, Zoning Board of Appeals or the Town's professional engineer or consultant, applicant shall submit an engineered stormwater and erosion control plan to the Town of Ontario Engineer for its review and approval which shall demonstrate that post-development runoff, storm drainage and erosion will not be negatively impacted by placement of the commercial building and roof-mounted solar energy system on the site.

(g) Parking and truck traffic. Applicant shall designate a parking area on the site of the solar energy system for employees of the applicant (or the successor owner of the solar energy system) to park when providing monitoring or maintenance of the solar energy system. Additionally, the plans and drawings for a commercial building and roof-mounted solar energy system shall show adequate staging areas during the construction process to ensure that roadways are not impacted by delivery of materials. The plans and drawings shall also show all areas in which stock-piling of materials and equipment will take place during construction. Applicant shall provide data on anticipated truck trips per day, including during peak material delivery periods, which shall also be provided to the New York State Department of Transportation.

(h) Any such additional information as may be required by the Town's professional engineer or consultant, Town of Ontario Planning Board, Town of Ontario Zoning Board of Appeals, Town Attorney or Code Enforcement Officer.

(i) Decommissioning plan. To ensure the proper removal of a Type 2 commercial building and roof-mounted solar energy system after such improvements are no longer reasonably operable or have been abandoned, a decommissioning plan shall be submitted as part of the application. The decommissioning plan shall contain a written and visual record of the original site condition (prior to installation of any solar energy equipment) to facilitate complete remediation upon decommissioning. The decommissioning plan must specify that after the commercial building and roof-mounted solar energy system is no longer operational or has been abandoned, it shall be removed by the applicant or any subsequent owner of the improvements. The plan shall demonstrate how the removal of all infrastructure of the Type 2 commercial building and roof-mounted solar energy system and all solar energy equipment shall be conducted to return the structure(s) and parcel housing such system to its original state prior to construction. The plan shall also include an expected timeline for execution and a cost estimate detailing the projected cost of executing the decommissioning plan, which is to be prepared by a professional engineer or reputable contractor. Cost estimations shall take into account inflation and shall be based on the operating life expectancy of the system.

(j) Prior to obtaining a building permit and as a condition to issuance of any special use permit, the applicant and initial landowner must enter into a decommissioning agreement with the Town that sets forth the obligations of the applicant and/or the initial landowner to properly decommission the solar energy system if the use of such system is discontinued, abandoned or becomes inoperable pursuant to this section. Said decommissioning agreement shall require the applicant to provide an irrevocable financial security bond (or other form of surety acceptable to the Town of Ontario, at its discretion) for the removal of the Type 2 commercial building and roof-mounted solar energy system, with Ontario as the designated assignee/beneficiary, in an amount approved by the Planning Board which is equal to 110% of the estimated removal cost. The bond or surety shall provide for an annual increase in the amount of the surety to compensate for the cost of inflation or any other anticipated increase in costs of removal. Each year after a Type 2 commercial building and roof-mounted solar energy system has been constructed, and no later than 60 days prior to the anniversary date of the issuance of the building permit for such system, the then owner/permit holder for the system shall provide the Town of Ontario with written proof that the required financial security bond (or other form of surety) is still operable and valid and that such surety has been properly increased to account for inflation or any other anticipated increase in costs of removal as provided for above. The decommissioning agreement shall provide that the initial landowner (or the successor and/or assigns of the initial landowner) shall be responsible for all obligations pursuant to the decommissioning agreement in the event the applicant (or the successor owner of the solar energy system) does not complete all obligations as required by said decommissioning agreement. The decommissioning agreement shall be recorded at the office of the Wayne County Clerk and shall be indexed as deed restrictions against the property upon which the solar energy system is constructed, with the Town as a benefitted party, so as to put all future owners of the subject real property on notice of the obligations contained in the decommissioning agreement.

(2) Special use permit and site plan approval standards.

(a) Height. Type 2 commercial building-mounted solar energy systems shall not be constructed in such a way that any portion of such system is higher than the highest point of the wall upon which it is attached. Commercial roof-mounted solar energy systems shall be constructed such that solar panels facing the front yard must be mounted at the same angle as the roof's surface with a maximum distance of 18 inches between the roof's surface and the highest edge of the solar energy system at any point. Solar panels not facing the front yard can be mounted at any angle relative to the roof's surface, but no portion of the solar energy system shall exceed a maximum height of 18 inches from the surface of the roof to the highest edge of the solar energy system at any point.

(b) Distance from building. Type 2 commercial building-mounted solar energy systems shall not be constructed in such a way that any portion of the solar panels project more than 18 inches from the surface of the wall upon which it is attached.

(c) No part of a roof-mounted solar energy system shall extend above, beyond, or below the edge of the roof it is mounted to. Additionally, the Code Enforcement Officer may require, at his/her sole discretion, a minimum three-foot-wide center walkway for safe access purposes, solar panels affixed to a flat roof shall be placed below the line of sight from a public right-of-way.

(d) Fencing and screening. All solar energy equipment shall be securely enclosed or placed about the property so as to prevent unauthorized access. Warning signs with the owner's contact information shall be conspicuously placed and maintained to aid in preventing injury by unauthorized access.

(e) Glare. All solar panels shall have antireflective coating(s).

(f) Number of Type 2 commercial building and roof-mounted solar energy systems allowed per lot. No more than one commercial building and roof-mounted solar energy system may be permitted and allowed per lot or parcel, regardless of lot size.

(g) Any Type 2 commercial building and roof-mounted solar energy system shall be accessible for all emergency service vehicles and personnel to the satisfaction of the Wayne County Office of Emergency Management Services and local Fire Chief.

(h) After completion of a Type 2 commercial building roof-mounted solar energy system, the applicant shall provide a post-construction certificate from a professional engineer registered in New York State stating that the solar energy system complies with all applicable codes and industry practices and has been constructed and is operating according to the design plans.

(i) Compliance with regulatory agencies. The applicant is required to obtain all necessary regulatory approvals and permits from all federal, state, county and local agencies having jurisdiction and approval powers related to the completion of a commercial building and roof-mounted solar energy system.

(j) Any application under this section shall meet substantive site plan requirements in Article XIV that, in the judgment of the Ontario Town Planning Board, are applicable to the solar energy system being proposed.

(k) Prior to determination or issuance of any permit, all Type 2 commercial building and roof-mounted solar energy system applications shall be subject to review pursuant to the New York State Environmental Quality Review Act (6 NYCRR Part 617). The Ontario Planning Board and the Ontario Zoning Board of Appeals shall conduct a coordinated review.

(l) Time limit on completion. After receiving site plan approval and special use permit approval of a Type 2 commercial building and roof-mounted solar energy system, an applicant shall obtain a building permit within 36 months of such approvals or the approvals shall automatically terminate and be deemed null and void. Additionally, the applicant shall complete construction of an approved (site plan and special use permit) commercial building and roof-mounted solar energy system within 36 months of obtaining such approvals or the approvals shall automatically terminate and be deemed null and void and be of no force an effect at law.

(m) General complaint process. During construction, the Code Enforcement Officer can issue a stop-work order at any time for any violations of a special use permit approval or condition, site plan approval or condition or building permit. After construction is complete, the permit holder of a commercial building and roof-mounted solar energy system shall establish a contact person, including name and telephone number, for receipt of any complaint concerning any permit, approval, maintenance, or operational requirements.

(n) Inspections. Upon reasonable notice, the Town of Ontario Code Enforcement Officer, or his or her designee, may enter a lot on which a Type 2 commercial building and roof-mounted solar energy system has been approved for the purpose of determining compliance with any requirements or conditions of this section or any approval given or permit issued pursuant to this section. Twenty-four hours' notice by telephone to the owner/operator or designated contact person shall be deemed reasonable notice. Furthermore, a Type 2 commercial building and roof-mounted solar energy system shall be inspected by a New York State licensed professional engineer that has been approved by the Town of Ontario at any time upon a determination by the Town's Code Enforcement Officer that damage to such system may have occurred, and a copy of the written inspection report shall be submitted to the Code Enforcement Officer. Any fee or expense associated with this inspection shall be borne entirely by the permit holder and shall be reimbursed to the Town of Ontario within 30 days after delivery to the permit holder of an invoice substantiating such charges. Any failure to pay such reimbursable charges may result in revocation of any special use permit granted. The Town of Ontario reserves the right to levy all such unreimbursed expenses onto the real property tax bill associated with the real property upon which the commercial building and roof-mounted solar energy system is located.

E. Type 2 ground-mounted solar energy systems. Type 2 ground-mounted solar energy systems are permitted only in the Rural Residential (RR), Suburban Residential (SR) and Industrial (I) Districts and are subject to the requirements set forth in this section, including site plan approval pursuant to Article XIV, and are allowed only after the issuance of a special use permit pursuant to Article XV. Applications for the installation of a Type 2 solar energy system shall be reviewed by the Zoning Enforcement Officer and referred, with comments, to the Town of Ontario Planning Board (for site plan) and the Town of Ontario Zoning Board of Appeals (for special use permit) for their review and action, which can include approval, approval on conditions, or denial.

(1) Special use permit application requirements. For a special use permit application, the applicant shall submit to the Zoning Board of Appeals the site plan application provided to the Planning Board, any information required by Article XIV and the following documents and information:

(a) If the property of the proposed solar energy system is to be leased, proof of legal consent between all parties, specifying the use(s) of the land for the duration of the project, including easements and other agreements between the parties. Any lease agreement between the applicant and an initial landowner shall conform to or be amended such that it conforms with the requirements for applicant and initial landowner as set forth in the decommissioning agreement referenced in Subsection E(1)(m) below. Applicant shall be required to provide, as part of the application, any lease agreement, easements and other agreements between itself and the initial landowner or any owner of property contiguous to the land upon which the solar energy system (or any component thereof, including accessways or utility lines) shall be constructed.

(b) Plans and drawings for the Type 2 ground-mounted solar energy system, signed by a professional engineer, showing the proposed layout of the solar energy system, along with providing a description of all components, existing vegetation, any proposed clearing and grading of the lot(s) involved, any anticipated or possible stormwater or erosion disturbances, and utility lines (both aboveground and below-ground) on the site and adjacent to the site.

(c) Submitted plans and drawings shall show all property lot lines and the location and dimensions of all existing buildings or structures and uses on any parcel within 750 feet of the outer perimeter fence line of the Type 2 ground-mounted solar energy system.

(d) Equipment specification sheets shall be provided for all solar panels, significant components, mounting systems, inverters and other solar energy equipment that are to be installed.

(e) A property operation and maintenance plan which describes all ongoing or periodic maintenance of the Type 2 ground-mounted solar energy system and property upkeep, such as mowing and trimming, which shall also include details of anticipated use of pesticides, herbicides and other chemicals for vegetative abatement and/or maintenance. The plan shall demonstrate that the use of any pesticide, herbicide or other chemical will be in compliance with all local, state and federal regulations and shall further demonstrate that alternatives to chemical treatments have been prioritized to the extent reasonably possible. Such plan shall provide for biennial preventative maintenance site inspections that will include a representative from the owner or operator of the solar energy system and the Code Enforcement Officer (or his/her designated representative). Additionally, the owner or operator shall provide the Code Enforcement Officer with reports of annual safety inspections of the solar energy system, as well as quarterly reports of inspection of the security systems relating to such solar energy systems. Said plan shall demonstrate how the applicant (or the successor owner of the solar energy system) shall ensure proper removal and disposal of all solar panels and/or solar energy equipment that becomes inoperable or is no longer being utilized, and the same shall be disposed of outside the jurisdictional limits of the Town of Ontario, unless there is a properly certified and/or licensed recycling facility within the Town that recycles solar panels and solar energy equipment. Said plan shall also obligate the applicant (or the successor owner of the solar energy system) to provide the Town, not less than every other year (commencing the second year after the solar energy system is commercially operable), with test results from soil sampling collected and analyzed pursuant to the New York State Department of Agriculture and Markets Guidelines for Solar Energy Projects — Construction Mitigation for Agricultural Lands (or similar successor document of the Department of Agriculture and Markets) that are in effect as of the date of sampling to demonstrate that the soils upon which the solar energy system is constructed have not been contaminated in any fashion as a result of the solar energy system placed on the property. Such test results shall be compared to the preconstruction soil sample analysis referenced in Subsection E(1)(j) (Predevelopment site conditions) below.

(f) Clearing, grading, stormwater and erosion control plan. Applicant shall submit an engineered stormwater and erosion control plan to the Town of Ontario Engineer for its review and approval, which shall demonstrate that post-development runoff, storm drainage and erosion will not be negatively impacted by placement of the Type 2 solar energy system on the site.

(g) Parking and truck traffic. Applicant shall designate a parking area on the site of the solar energy system for employees of the applicant (or the successor owner of the solar energy system) to park when providing monitoring or maintenance of the solar energy system. Additionally, the plans and drawings for a Type 2 ground-mounted solar energy system shall show adequate staging areas during the construction process to ensure that roadways are not impacted by delivery of materials. The plans and drawings shall also show all areas in which stock-piling of materials and equipment will take place during construction. Applicant shall provide data on anticipated truck trips per day, including during peak material delivery periods, which shall also be provided to the New York State Department of Transportation.

(h) Noise study. Applicant shall provide a noise study of the impacts of construction and operation of the proposed solar energy system. Said study shall reference any of the existing regulations or suggested industry or development standards put out by the NYS Office of Renewable Energy Siting. Such study shall analyze the projected noise levels for both daytime and nighttime periods generated by the solar energy system and all collector substation equipment relative to all surrounding dwellings.

(i) Viewshed/line-of-site analysis. Applicant shall provide a viewshed/line-of-site analysis, with scaled color visual renderings to demonstrate the adequacy of proposed buffering/screening at the completion of construction of the solar energy system, and similar visual renderings of the projected maturation of the buffering/screening at five years and 10 years after completion of the solar energy system. The Planning and/or Zoning Board of Appeals may require the above viewshed/line-of-site analysis and scaled color visual renderings from multiple angles or perspectives as it/they deem appropriate.

(j) Predevelopment site condition. Applicant shall provide a written and visual record of the predevelopment site condition (which shall include the site condition prior to any logging/timber harvest or clearing of land in anticipation of the development of a solar energy system), which must be verified as being complete by the Building and Zoning Department, to facilitate full and proper remediation of the site upon decommissioning. As part of this record, applicant shall provide an analysis of preconstruction soil samples, with such samples collected and analyzed pursuant to the New York State Department of Agriculture and Markets Guidelines for Solar Energy Projects — Construction Mitigation for Agricultural Lands (or similar successor document of the Department of Agriculture and Markets) that are in effect as of the date of sampling. Such samples shall be taken from various locations on the property on which the solar energy system is to be located and are specifically intended to demonstrate the predevelopment condition and properties of the soils to ensure that full and proper remediation of the site occurs upon decommissioning.

(k) Any such additional information as may be required by the Town's professional engineer or consultant, Town of Ontario Planning Board, Town of Ontario Zoning Board of Appeals, Town Attorney or Code Enforcement Officer.

(l) Decommissioning plan. To ensure the proper removal of Type 2 ground-mounted solar energy systems after such improvements are no longer reasonably operable or have been abandoned, a decommissioning plan shall be submitted as part of the application. The decommissioning plan must specify that after the Type 2 ground-mounted solar energy system is no longer operational or has been abandoned, it shall be removed by the applicant or any subsequent owner of the improvements and/or the subsequent owner of the property upon which the Type 2 ground-mounted solar energy system is placed. 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 and a cost estimate detailing the projected cost of executing the decommissioning plan, which is to be prepared by a professional engineer or reputable contractor. Cost estimations shall take into account inflation and shall be based on the operating life expectancy of the system. The salvage value of the solar energy equipment shall not be accounted for in the estimated cost of implementing the decommissioning plan. The financial security shall be updated every fifth year thereafter, specifying changes to estimated cost of implementing the decommissioning plan.

(m) Prior to obtaining a building permit and as a condition to issuance of any special use permit, the applicant and initial landowner must enter into a decommissioning agreement with the Town that sets forth the obligations of the applicant and/or the initial landowner to properly decommission the solar energy system if the use of such system is discontinued, abandoned or becomes inoperable pursuant to this section. Said decommissioning agreement shall require the applicant to provide an irrevocable financial security bond (or other form of surety such as, but not limited to, letters of credit, etc., that are acceptable to the Town of Ontario, at its discretion) for the removal of the Type 2 solar energy system, with Ontario as the designated assignee/beneficiary, in an amount approved by the Planning Board which is equal to 150% of the estimated removal cost. The bond or surety shall provide for an annual increase in the amount of the surety to compensate for the cost of inflation or any other anticipated increase in costs of removal. Each year after a Type 2 ground-mounted solar energy system has been constructed, and no later than 60 days prior to the anniversary date of the issuance of the building permit for such solar energy system, the then owner/permit holder for the system shall provide the Town of Ontario with written proof that the required financial security bond (or other form of surety) is still operable and valid and that such surety has been properly increased to account for inflation or any other anticipated increase in costs of removal as provided for above. The decommissioning agreement shall provide that the initial landowner (or the successor and/or assigns of the initial landowner) shall be responsible for all obligations pursuant to the decommissioning agreement in the event the applicant (or the successor owner of the solar energy system) does not complete all obligations as required by said decommissioning agreement. The decommissioning agreement shall be recorded at the office of the Wayne County Clerk and shall be indexed as deed restrictions against the property upon which the solar energy system is constructed, with the Town as a benefitted party, so as to put all future owners of the subject real property on notice of the obligations contained in the decommissioning agreement.

(n) At its sole discretion, the Town of Ontario Planning Board and/or the Town of Ontario Zoning Board of Appeals may refer an application for a Type 2 ground-mounted solar energy system to one or more private consultants for review to assist such board in properly fulfilling its duties. Such consultants may include a professional engineer, attorney, planning consultant or other specialist. All expenses incurred by the Town (through either board) for this purpose shall be reimbursed to the Town by the applicant within 30 days of the Town issuing a detailed invoice to the applicant requesting reimbursement for the same. At its discretion and at any time during the application process, either board may require that the applicant furnish a deposit in an amount that it deems initially sufficient to be used for reimbursement of such expenses. Upon request of the applicant, the board requiring the deposit shall provide a general estimate of anticipated consulting services to be provided and estimated costs for the same. However, any such estimate of services or costs related to such services shall not in any way restrict the level of reimbursement ultimately required to be made by the applicant. It is the specific intention of this section that all expenses relating to professional consulting services rendered to the Town or any of its boards, relating to an application for development of a solar energy system, be borne by the applicant and not the taxpayers of the Town. Any such deposit shall be held in a non-interest-bearing account and shall be used to reimburse the Town for expenses that have been incurred as a result of such consultants. Prior to the Town making any payment or withdrawal from such account, the Town shall provide the applicant with notice of such intended payment and documentation supporting such payment. Applicant shall have the right, within five business days from receipt of such notice, to protest any account withdrawal or payment to a consultant which it contends is not reasonably necessary or is not reasonable in amount. The Town Board shall thereafter have 30 days to provide its determination with regard to the applicant's objection, which shall be provided to the applicant in writing. Should such deposit be depleted prior to final approval, either board may require that additional monies be deposited with the Town before further review of the application will continue. A reviewing board may suspend indefinitely the review of any application as a result of the failure of the applicant to timely remit a required deposit or to promptly reimburse the Town for expenses relating to such consultants. Any such suspension shall supersede any Town or New York State law, rule or regulation relating to the timing of issuance of decisions for such applications.

(o) If a Type 2 ground-mounted solar energy system is proposed to be developed on land that is or could be in agricultural production, the applicant shall demonstrate how the proposed development complies with the then current guidelines as may be established by the New York State Department of Agriculture and Markets relating to construction mitigation for agricultural lands.

(p) The applicant shall be required to facilitate one or more site visits as deemed necessary or desirable by the Planning Board and/or Zoning Board of Appeals.

(2) Special use permit and site plan approval standards.

(a) Height. Type 2 ground-mounted solar energy systems shall not exceed a maximum height of 15 feet, as measured from the highest point of any solar panel (oriented at maximum tilt) or solar energy equipment to the ground directly beneath it.

(b) Setbacks.

[1] Type 2 ground-mounted solar energy systems shall be sited to create a front setback of no less than 250 feet (measured from the fence line of the solar energy system) from the right-of-way line of any public or private roadways and setbacks of 250 feet (measured from the fence line of the solar energy system) from all side and rear property lines.

[2] The above-stated side and rear property setback shall be waived on any contiguous parcel (to that parcel upon which the solar energy system is being developed) owned by a participating landowner that owns the parcel upon which the subject solar energy system is being placed. The above waiver shall not apply to any contiguous parcels that are not owned by the same landowner that owns the land upon which the solar energy system is placed.

(c) Lot/parcel size. Type 2 ground-mounted solar energy systems shall be located on parcels with a minimum lot size of 25 acres.

(d) Lot/parcel coverage. Type 2 ground-mounted solar energy systems shall not exceed 25 acres of coverage on parcels that are 40 acres or more in size. On parcels that are less than 40 acres in size, Type 2 solar energy systems coverage shall not exceed 60% of the total parcel size. The coverage area shall be determined by the area covered by the perimeter of the solar energy system at minimum tilt and shall not include required fencing or access roads.

(e) Glare. All solar panels shall have antireflective coating(s).

(f) Fencing and screening. All Type 2 ground-mounted solar energy systems shall be enclosed by fencing to prevent unauthorized access. Warning signs with the owner's contact information shall be placed and maintained on the entrance and perimeter of the fencing. The fencing and the solar energy system may be required to be further screened by landscaping to avoid adverse aesthetic impacts. All buffering/landscaping materials shall be designed to promote sustainability, diversity and visual variety, which shall include a mixture of plant species, sizes/heights, deciduous and evergreen trees and/or shrubs and shall be noted in detail on a landscaping plan that shall be approved by the Planning Board and/or the Zoning Board of Appeals. The Planning Board and/or the Zoning Board of Appeals shall provide for enhanced screening and buffering for Type 2 solar energy systems that are placed adjacent to residential zoning districts or areas containing residential parcels or that abut a public road.

(g) Number of Type 2 ground-mounted solar energy systems allowed per lot. Only one Type 2 solar energy system shall be allowed per lot or parcel, regardless of lot size.

(h) Recent subdivision of lot/parcel. In order to prevent circumvention of the size and coverage restrictions set forth above, when considering such restrictions, the Zoning Board of Appeals shall consider the lot or parcel to be the largest configuration of the physical area where the Type 2 ground-mounted solar energy system is being proposed that has existed as a separate lot or parcel (with its own Tax Identifier Map parcel number) in the official tax records of the Town of Ontario within the 10 years immediately preceding the application seeking approval for such Type 2 ground-mounted solar energy system. This provision is specifically intended to prevent the owner of land from subdividing such land into smaller parcels that would permit siting of multiple Type 2 ground-mounted solar energy systems on what would have otherwise been a lot or parcel that was restricted to one Type 2 ground-mounted solar energy system that would not exceed 25 acres of coverage.

(i) Vegetation and habitat. Type 2 ground-mounted solar energy system owners/developers shall develop and provide a written vegetation management plan (which shall be approved by the Planning Board and/or the Zoning Board of Appeals) to implement and maintain native, noninvasive plants and vegetation under and around the solar panels, such plantings to provide foraging habitat beneficial to game birds, songbirds and pollinators. To the extent practicable, when establishing perennial vegetation and beneficial foraging habitat, owners/developers shall use native, noninvasive plant species and seed mixes.

(j) Any Type 2 ground-mounted solar energy system shall be accessible for all emergency service vehicles and personnel to the satisfaction of the Wayne County Office of Emergency Management Services Director and local Fire Department Chief.

(k) After completion of a Type 2 ground-mounted solar energy system, the applicant shall provide a post-construction certificate from a professional engineer registered in New York State, certifying that the Type 2 solar energy system complies with all applicable codes and industry practices and has been constructed and is operating according to the design plans.

(l) Compliance with regulatory agencies. The applicant is required to obtain all necessary regulatory approvals and permits from all federal, state, county and local agencies having jurisdiction and approval powers related to the completion of a Type 2 ground-mounted solar energy system.

(m) Any application under this section shall meet substantive site plan requirements that, in the judgment of the Ontario Town Planning Board, are applicable to the system being proposed.

(n) The Planning Board shall be required to hold a public hearing relating to site plan for any Type 2 ground-mounted solar energy system.

(o) Prior to determination or issuance of any permit, all Type 2 ground-mounted solar energy system applications shall be subject to review pursuant to the New York State Environmental Quality Review Act (6 NYCRR Part 617). All applications (site plan and special use permit) for approval of a Type 2 ground-mounted solar energy system shall be deemed to be Type 1 actions for purposes of compliance with the New York State Environmental Quality Review Act. The Town Planning Board and/or Zoning Board of Appeals has the authority, pursuant to 6 NYCRR 617.4(a)(1) and (2), to classify such actions in addition to the list established by such statute. The Planning Board and the Zoning Board of Appeals shall conduct a coordinated review. Such review shall not be completed or closed out, and a final determination of significance made, until after the review of the application has been completed.

(p) The development and operation of a Type 2 ground-mounted solar energy system shall not have a significant adverse impact on fish, wildlife or plant species or their critical habitats, or other significant habitats identified by the Town of Ontario or other federal or state regulatory agencies. The Ontario Town Planning Board and the Ontario Zoning Board of Appeals may impose conditions on the approval of any site plan or special use permit under this section to enforce the standards referred to in this section or to discharge its obligations under the State Environmental Quality Review Act.

(q) Time limit on completion. After receiving site plan approval and special use permit approval of a Type 2 ground-mounted solar energy system, an applicant shall obtain a building permit within 36 months of such approvals or the approvals shall automatically terminate and be deemed null and void. The above time period may be extended by each of the approving boards, at their sole discretion, upon a showing of good cause by the applicant. Additionally, the applicant shall complete construction of an approved (site plan and special use permit) Type 2 ground-mounted solar energy system within 36 months of obtaining such approvals or the approvals shall automatically terminate and be deemed null and void and be of no force and effect at law. The above time period may be extended by each of the approving boards, at their sole discretion, upon a showing of good cause by the applicant.

(r) General complaint process. During construction, the Code Enforcement Officer can issue a stop-work order at any time for any violations of a special use permit approval or condition, site plan approval or condition or building permit. After construction is complete, the permit holder of a Type 2 ground-mounted solar energy system shall establish a contact person, including name and telephone number, for receipt of any complaint concerning any permit, approval, maintenance, or operational requirements.

(s) Inspections. During construction and upon reasonable notice, the Town of Ontario Code Enforcement Officer, or his or her designee, may enter a lot on which a Type 2 ground-mounted solar energy system has been approved for the purpose of determining compliance with any requirements or conditions of this section or any approval given or permit issued pursuant to this section. Twenty-four hours' notice by telephone to the owner/operator or designated contact person shall be deemed reasonable notice. After construction is completed and the Solar energy System is operational, upon reasonable cause at the discretion of the Town of Ontario Code Enforcement Officer, or his or her designee, said Code Enforcement Officer (or his or her designee) may, upon reasonable notice, enter a lot on which a Type 2 ground-mounted solar energy system has been approved for the purpose of determining compliance with any requirements or conditions of this section or any approval given or permit issued pursuant to this section. Furthermore, a Type 2 ground-mounted solar energy system shall be inspected by a New York State licensed professional engineer that has been approved by the Town of Ontario at any time upon a reasonable determination by the Town's Code Enforcement Officer that damage to such system may have occurred, and a copy of the written inspection report shall be submitted to the Code Enforcement Officer. Any fee or expense associated with this inspection shall be borne entirely by the permit holder and shall be reimbursed to the Town of Ontario within 30 days after delivery to the permit holder of an invoice substantiating such charges. Any failure to pay such reimbursable charges may result in revocation of any special use permit granted. The Town of Ontario reserves the right to levy all such unreimbursed expenses onto the real property tax bill associated with the real property upon which the solar energy system is located.

(t) Construction hours. During initial construction or any major replacement of the solar panels or solar energy equipment after initial construction, all construction activities shall be in accordance with the performance standards outlined in Article XVII of the Town of Ontario Zoning Ordinance.

F. General regulations. The placement, construction and major modification of all solar energy systems within the boundaries of the Town of Ontario shall be permitted only as follows:

(1) Any inconsistent provisions of the Code of the Town of Ontario which purport to or may be interpreted to allow solar energy systems in other districts are hereby superseded.

(2) All solar energy systems that have received a special use permit or building permit as of the effective date of this section shall be "grandfathered" and allowed to continue as they presently exist. Routine maintenance (including replacement with a new system of like construction and size) shall be permitted on such existing systems. New construction other than routine maintenance on preexisting systems shall comply with the requirements of this section.

(3) All new solar energy systems and all additions and modifications to any preexisting solar energy system shall be designed, erected and installed in accordance with all applicable codes, regulations and industry standards as referenced in the NYS Uniform Fire Prevention and Building Code, the NYS Energy Conservation Code and all local laws, codes, rules and regulations of the Town of Ontario.

(4) For all Type 2 solar energy systems, the applicant and/or the successor owner or operator shall provide a written training plan that provides for proper training of the Town Code Enforcement Office, Fire Department, emergency responders, Wayne County Emergency Management Services and police agencies relative to health and safety concerns associated with larger scale commercial solar energy systems. Such training plan shall be implemented before the solar energy system is made commercially operational. Additional training may be required on behalf of the New York Office of Fire Prevention and Control (OFPC) and the National Fire Protection Association (NFPA). All costs and expenses related to such training shall be borne by the applicant or the successor owner or operator of the solar energy system.

(5) Any applications (including variance applications) pending for solar energy systems on the effective date of this section shall be subject to the provisions of this section.

(6) This section shall take precedence over any inconsistent provisions of the zoning regulations contained within the Code of the Town of Ontario.

(7) No solar panels or other solar energy equipment used in any solar energy system shall utilize or contain any amount of GenX chemicals or polyfluoroalkyl substances (PFAS).

(8) For all solar energy systems, no signage or graphic content may be displayed on the solar energy equipment except the manufacturer's badge, safety information and equipment specification information.

(9) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

(10) Payment in lieu of tax agreement. The owners or developers and landowners of the property upon which any Type 2 solar energy systems are to be developed shall be required, at the discretion of the Town Board, to enter into a contract with the Town for payments in lieu of taxes pursuant to Real Property Tax Law § 487, Subdivision 9(a). Upon the owner or developer providing written notification to the Town of its intent to construct any Type 2 solar energy system, the Town Assessor or the Town Attorney, on behalf of the taxing jurisdiction, shall notify such owner or developer, in writing, within 60 days of its intent to require a contract for payments in lieu of taxes.

(a) In no event shall such payment in lieu of tax agreement operate for a period of more than 15 years, commencing in each instance from the date on which the benefits of such exemption first become available and effective under Real Property Tax Law § 487.

(b) In no event shall such payment in lieu of tax agreement require annual payments in an amount that would exceed the amount that would otherwise be payable but for the exemption under Real Property Tax Law § 487.

(c) The payment in lieu of tax agreement shall run to the benefit of the Town of Ontario and be executed by the applicant/developer as well as the owners of the real property upon which the solar energy system is to be located, and such signatures shall be notarized in a format that allows the payment in lieu of tax agreement to be recorded at the Office of the Wayne County Clerk. Such payment in lieu of tax agreement shall, prior to commencement of construction, be recorded at the office of the Wayne County Clerk as a lien on and indexed against the property upon which the solar energy system is to be constructed. The intent of the above provisions is so that should the applicant/developer or owner of the solar energy system default with regard to such payment in lieu of tax agreement, such obligation will become the responsibility of the then owner of the property upon which the solar energy system is sited and that failure to satisfy the terms of such agreement will permit the Town of Ontario to enforce such agreement as against the owner of the real property and the real property.

(d) At its sole discretion, the Ontario Town Board may refer an application for a commercial building-mounted solar energy system, commercial roof-mounted solar energy system or Type 2 solar energy system to one or more private consultants to assist such Board in negotiating, drafting and/or reviewing the required payment in lieu of tax agreement. Such consultants may include a professional engineer, attorney, planning consultant or other specialist. All expenses incurred by the Town for this purpose shall be reimbursed to the Town by the applicant within 30 days of the Town issuing a detailed invoice to the applicant requesting reimbursement for the same. At its discretion and at any time during the application process, the Town Board may require that the applicant furnish a deposit in an amount that it deems initially sufficient to be used for reimbursement of such expenses. Upon request of the applicant, the Town shall provide a general estimate of anticipated consulting services to be provided and estimated costs for the same. However, any such estimate of services or costs related to such services shall not in any way restrict the level of reimbursement ultimately required to be made by the applicant. It is the specific intention of this section that all expenses relating to professional consulting services rendered to the Town or any of its boards, relating to an application for development of a solar energy system, be borne by the applicant and not the taxpayers of the Town. Any such deposit shall be held in a non-interest-bearing account and shall be used to reimburse the Town for expenses that have been incurred as a result of such consultants. Prior to the Town making any payment or withdrawal from such account, the Town shall provide the applicant with notice of such intended payment and documentation supporting such payment. Applicant shall have the right, within five business days from receipt of such notice, to protest any account withdrawal or payment to a consultant which it contends is not reasonably necessary or is not reasonable in amount. The Town Board shall thereafter have 30 days to provide its determination with regard to the applicant's objection, which shall be provided to the applicant in writing. Should such deposit be depleted prior to final approval of the required payment in lieu of tax agreement, the Town Board may require that additional monies be deposited with the Town before further processing of the payment in lieu of tax agreement will continue. The Town Board may suspend indefinitely the negotiation and drafting and review of the payment in lieu of tax agreement as a result of the failure of the applicant to timely remit a required deposit or to promptly reimburse the Town for expenses relating to such consultants. Any such suspension shall supersede any Town or New York State law, rule or regulation relating to the timing of issuance of approvals for such payment in lieu of tax agreements.

(e) No building permit may be issued for any approved commercial building-mounted solar energy system, commercial roof-mounted solar energy system or Type 2 solar energy system until such time as a payment in lieu of tax agreement has been executed by all parties.

(11) Community benefit agreement. The owners or developers and landowners of the property upon which a Type 2 solar energy system is to be developed shall be required, at the discretion of the Town Board, to enter into a community benefit agreement with the Town for payment by the owners, developers or landowners to the Town of an agreed upon monetary amount or provision of a specified public improvement or improvements that shall act to offset the potential negative impacts that may be associated with a Type 2 solar energy system.

(a) At its sole discretion, the Ontario Town Board may refer an application for a Type 2 solar energy system to one or more private consultants to assist such Board in negotiating, drafting and/or reviewing the required community benefit agreement. Such consultants may include a professional engineer, attorney, planning consultant or other specialist. All expenses incurred by the Town for this purpose shall be reimbursed to the Town by the applicant within 30 days of the Town issuing a detailed invoice to the applicant requesting reimbursement for the same. At its discretion and at any time during the application process, the Town Board may require that the applicant furnish a deposit in an amount that it deems initially sufficient to be used for reimbursement of such expenses. Upon request of the applicant, the Town shall provide a general estimate of anticipated consulting services to be provided and estimated costs for the same. However, any such estimate of services or costs related to such services shall not in any way restrict the level of reimbursement ultimately required to be made by the applicant. It is the specific intention of this section that all expenses relating to professional consulting services rendered to the Town or any of its boards, relating to an application for development of a solar energy system, be borne by the applicant and not the taxpayers of the Town. Any such deposit shall be held in a non-interest-bearing account and shall be used to reimburse the Town for expenses that have been incurred as a result of such consultants. Prior to the Town making any payment or withdrawal from such account, the Town shall provide the applicant with notice of such intended payment and documentation supporting such payment. Applicant shall have the right, within five business days from receipt of such notice, to protest any account withdrawal or payment to a consultant which it contends is not reasonably necessary or is not reasonable in amount. The Town Board shall thereafter have 30 days to provide its determination with regard to the applicant's objection, which shall be provided to the applicant in writing. Should such deposit be depleted prior to final approval of the required community benefit agreement, the Town Board may require that additional monies be deposited with the Town before further processing of the community benefit agreement will continue. The Town Board may suspend indefinitely the negotiation and drafting and review of the community benefit agreement as a result of the failure of the applicant to timely remit a required deposit or to promptly reimburse the Town for expenses relating to such consultants.

(b) No building permit may be issued for any approved Type 2 solar energy system until such time as a community benefit agreement has been executed by all parties.

(12) Road use agreement. Prior to issuance of any building permit for any Type 2 solar energy system and as a condition to any special use permit being issued, the applicant and its general contractor shall enter into a written road use agreement benefitting the Town and in a format acceptable to the Town, at its sole discretion. Such road use agreement will require the applicant and its general contractor to indemnify and hold the Town harmless from any and all damage to the roadways within the Town that may result from the development of the applicant's commercial building-mounted solar energy system, commercial roof-mounted solar energy system or Type 2 solar energy system. As a part of such road use agreement, the applicant (or its general contractor) shall provide an irrevocable financial security bond (or other form of surety acceptable to the Town of Ontario, at its sole discretion), benefitting the Town, that shall ensure the indemnification and hold harmless provisions set forth in the applicable road use agreement.

(a) In the event that any damage is done to any Town road as a result of the development of an applicant's Type 2 solar energy system, said applicant and/or its general contractor shall be responsible to perform repairs to such road that are acceptable to the Town Highway Superintendent, in his/her reasonable discretion.

(b) Such repairs shall be completed within 60 days of when written notice of a demand to repair was personally served or sent via certified mail to the applicant or its general contractor, or such longer timeframe as determined by the Town Board, at its sole discretion, upon a showing of good cause by the applicant. Should the applicant or its general contractor fail to effectuate such repairs within 60 days, or within a different timeline at the discretion of the Town Board, the Town shall be permitted to execute on the irrevocable financial security bond (or other form of surety) with written notice to the applicant or its general contractor.

(c) The provisions of the road use agreement required hereby and the requisite financial security bond (or other form of surety) shall remain in full force and effect for no less than one year after all construction has been completed and the project has been certified as complete by a professional engineer.

(d) No building permit may be issued for any approved commercial building-mounted solar energy system, commercial roof-mounted solar energy system or Type 2 solar energy system until such time as a road use agreement, as required hereby, has been executed by all parties.

(13) Traffic routes.

(a) Construction and delivery vehicles for Type 2 solar energy systems shall use traffic routes established as part of the application review process. Factors in establishing such corridors shall include:

[1] Minimizing traffic impacts from construction and delivery vehicles.

[2] Minimizing solar energy system related traffic during times of school bus activity.

[3] Minimizing wear and tear on local roads.

[4] Minimizing impacts on local businesses.

(b) Special use permit approval may contain conditions that limit solar energy system related traffic to specified routes and include a plan for disseminating traffic route information to the public.

G. Abandonment and decommissioning.

(1) If the use of an approved solar energy system is discontinued, the owner or operator shall provide written notice to the Code Enforcement Officer within 30 days of such discontinuance. In any case, solar energy systems are considered inoperative and abandoned after 180 days without electrical energy generation which is consumed on-site (or credit for on-site consumption is received) for Type 1 solar energy systems or 180 days without production of energy and off-site sale to and consumption by one or more customers for any Type 2 solar energy system. Each of the above time frames may be extended by the Town Board, at its sole discretion, upon a showing of good cause by the then owner or operator of the solar energy system.

(2) Determination of abandonment or inoperability. A determination of the abandonment or inoperability of a solar energy system shall be made by the Town Code Enforcement Officer, who shall provide the permit holder, owner or operator and owner of the real property upon which the solar energy system is located with written notice by personal service or certified mail. At the earlier of 91 days from the date of determination of abandonment or inoperability without reactivation or upon completion of dismantling and removal, any approvals and/or permits granted or issued for the solar energy system shall automatically expire.

(3) Removal. All solar energy systems (and related infrastructure) shall be dismantled and removed immediately from a lot where the special use permit or site plan approval has been revoked by the Town of Ontario Zoning Board of Appeals or the Town Planning Board, respectively, or if the solar energy system has been deemed by the Code Enforcement Officer to be inoperative or abandoned for a period of more than 180 days (unless the time frame is extended by the Town Board pursuant to the provisions of Subsection G(1) above), and the lot shall be restored to its predevelopment condition. The responsibility to dismantle and remove and all such costs of removal shall be the sole responsibility of the permit holder, owner or operator and/or owner of the real property upon which the solar energy system is located. If the permit holder, owner or operator and/or owner of the real property upon which the solar energy system is located does not dismantle and remove said solar energy system as required by the decommissioning agreement, the Town Board may complete removal and decommissioning as set forth in the decommissioning agreement and levy all related expenses (not covered by any removal bond or other form of surety provided pursuant to such decommissioning agreement) associated with the removal onto the real property tax bill associated with the property upon which the solar energy system was located, regardless of who the permit holder, owner or operator and owner of the real property upon which the solar energy system is/was. Any costs or expenses related to removal (by the Town or completed on behalf of the Town's authority pursuant to this section) that are to be levied onto the real property tax bill for the property on which the solar energy system was located shall not be offset, reduced or diminished for any recycling or salvage credits or value relating to the removed solar panels or solar energy equipment, except and unless the Town has actually received such credits or value prior to the levy of such costs, and then such reduction shall be limited to the actual dollar value received by the Town. Nothing in this section shall be interpreted to require or obligate the Town to undertake to obtain salvage or recycling credits, value or proceeds with regard to any solar panels or solar energy equipment to be removed pursuant to this section.

(4) Removal of any Type 2 solar energy systems shall be in accordance with the decommissioning agreement.

H. Revocation. If the applicant or its successor in title/ownership of any Type 2 solar energy system violates any of the conditions of its special use permit or site plan approval or violates any other local, state or federal laws, rules or regulations, such violation shall be grounds for revocation of the special use permit or site plan Approval. Revocation may occur after the applicant is notified, in writing, of the violations and the Town of Ontario Zoning Board of Appeals and Planning Board hold a joint hearing on the alleged violations, at which the applicant or its successor in title/ownership shall have an opportunity to be heard and present evidence in defense of the allegations of such violations.

I. Interpretation; conflict with other law. In its interpretation and application, the provisions of this section shall be held to be minimum requirements, adopted for the promotion of the public health, safety and general welfare. This section is not intended to interfere with, abrogate or annul other rules, regulations or laws, provided that whenever the requirements of this section are at a variance with the requirements of any other lawfully adopted regulations, rules or laws, the most restrictive or those which impose the highest standards shall govern.

J. Severability.

(1) If any section, subsection, phrase, sentence or other portion of this section is for any reason held invalid, void, unconstitutional, or unenforceable by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof.

(2) This section shall take effect immediately upon filing with the Secretary of State of New York.

§ 150-45 Cannabis.

A. Legislative intent. A local municipality is preempted and unable to prevent the recreational use of cannabis within its boundaries and from adopting any law, rule, ordinance, regulation, or prohibition pertaining to the operation or licensure of registered organizations, adult-use cannabis licenses, or cannabinoid hemp licenses. However, it does have the ability to assign time, place, and manner restrictions to cannabis uses and personal consumption. Rather than opt out of allowing cannabis uses, the Town Board believes that a more balanced approach is appropriate to regulate.

B. Authority. This section is enacted by the Town Board pursuant to its authority to adopt local laws under Article IX of the New York State Constitution and Municipal Home Rule Law, § 10.

C. Definitions. Whenever used in this section, unless otherwise expressly stated or unless the context or subject matter requires a different meaning, the following terms shall have the representative meanings hereinafter set forth or indicated:

ADULT-USE COOPERATIVE LICENSE

A cooperative license authorizes the acquisition, possession, cultivation, processing, distribution, and sale from the licensed premises to the adult-use cooperative to licensed distributors, on-site consumption sites, registered organizations, or to retail sites, but not directly to cannabis consumers.

ADULT-USE CULTIVATOR LICENSE

An adult-use cultivator's license acquisition, possession, distribution, growing cultivation and sale of cannabis from the licensed premises of the grower. Allowed activities include the agricultural production practices of planting, growing, cloning, harvesting, drying, curing, grading, and trimming of cannabis.

ADULT-USE PROCESSOR LICENSE

A processor's license authorizes the acquisition, possession, processing, and sale of cannabis from the licensed premises of an adult-use cultivator to a licensed processor or distributor. Processing includes blending, extracting, infusing, packaging, labeling, branding and otherwise making or preparing cannabis products. Processing shall not include the cultivation of cannabis or retail sales.

APPLICANT

Unless otherwise specified in this section, shall mean a person applying for any cannabis, medical cannabis or cannabinoid hemp license or permit issued by the New York State Cannabis Control Board pursuant to this chapter that has a significant presence in New York State, either individually or by having a principal corporate location in the state; is incorporated or otherwise organized under the laws of this state; or a majority of the ownership are residents of this state. For the purposes of this section, "person" means an individual, institution, corporation, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity.

CANNABINOID

The phytocannabinoids found in hemp and does not include synthetic cannabinoids as that term is defined in Subdivision (g) of Schedule I of § 3306 of the Public Health Law.

CANNABINOID HEMP

Any hemp and any product processed or derived from hemp that is used for human consumption, provided that when such product is packaged or offered for retail sale to a consumer, it shall not have a concentration of more than 0.3% delta-9-tetrahydrocannabinol.

CANNABINOID HEMP PROCESSOR LICENSE

A license granted by the office to process, extract, pack or manufacture cannabinoid hemp or hemp extract into products, whether in intermediate or final form, used for human consumption.

CANNABIS

All parts of the plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. It does not include hemp, cannabinoid hemp or hemp extract as defined by this section, or any drug products approved by the Federal Food and Drug Administration.

CANNABIS CONSUMER

A person 21 years of age or older acting in accordance with any provision of this section.

CANNABIS CONTROL BOARD or BOARD

The New York State Cannabis Control Board created pursuant to article two of this section.

CANNABIS FLOWER

The flower of a plant of the genus Cannabis that has been harvested, dried, and cured, prior to any processing whereby the plant material is transformed into a concentrate, including, but not limited to, concentrated cannabis or an edible or topical product containing cannabis or concentrated cannabis and other ingredients. "Cannabis flower" excludes leaves and stem.

CANNABIS PRODUCT or ADULT-USE CANNABIS PRODUCT

Cannabis, concentrated cannabis, and cannabis-infused products for use by a cannabis consumer.

CANNABIS TRIM

All parts of the plant of the genus Cannabis other than cannabis flower that have been harvested, dried, and cured, but prior to any further processing.

CANNABIS-INFUSED PRODUCTS

Products that have been manufactured and contain either cannabis or concentrated cannabis and other ingredients that are intended for use or consumption.

CARING FOR

Treating a patient in the course of which the practitioner has completed a full assessment of the patient's medical history and current medical condition.

CERTIFICATION

A certification made under this chapter.

CERTIFIED MEDICAL USE

Includes the acquisition, cultivation, manufacture, delivery, harvest, possession, preparation, transfer, transportation, or use of medical cannabis for a certified patient; or the acquisition, administration, cultivation, manufacture, delivery, harvest, possession, preparation, transfer, or transportation of medical cannabis by a designated caregiver or designated caregiver facility; or paraphernalia relating to the administration of cannabis, including whole cannabis flower, to treat or alleviate a certified patient's medical condition or symptoms associated with the patient's medical condition.

CERTIFIED PATIENT

A patient who is a resident of New York State or receiving care and treatment in New York State, as determined by the board in regulation and is certified under this chapter.

CHIEF EQUITY OFFICER

The Chief Equity Officer of the Office of Cannabis Management.

CONCENTRATED CANNABIS

(1) The separated resin, whether crude or purified, obtained from cannabis; or

(2) A material, preparation, mixture, compound, or other substance which contains more than 3% by weight or by volume of total THC, as defined in this section.

CONDITION

Having one of the following conditions: cancer, positive status for human immunodeficiency virus or acquired immune deficiency syndrome, amyotrophic lateral sclerosis, Parkinson's disease, multiple sclerosis, damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity, epilepsy, inflammatory bowel disease, neuropathies, Huntington's disease, post-traumatic stress disorder, pain that degrades health and functional capability where the use of medical cannabis is an alternative to opioid use, substance use disorder, Alzheimer's, muscular dystrophy, dystonia, rheumatoid arthritis, autism or any other condition certified by the practitioner.

CULTIVATION

Growing, cloning, harvesting, drying, curing, grading, and trimming of cannabis plants for sale to certain other categories of cannabis license and permit holders.

DELIVERY

The direct delivery of cannabis products by a retail licensee, microbusiness licensee, or delivery licensee to a cannabis consumer.

DESIGNATED CAREGIVER

An individual designated by a certified patient in a registry application. A certified patient may designate up to five designated caregivers, not counting designated caregiver facilities or designated caregiver facilities' employees.

DESIGNATED CAREGIVER FACILITY

A facility that registers with the office to assist one or more certified patients with the acquisition, possession, delivery, transportation or administration of medical cannabis and is a general hospital or residential health care facility operating pursuant to Article 28 of the Public Health Law; an adult care facility operating pursuant to Title 2 of Article 7 of the Social Services Law; a community mental health residence established pursuant to § 41.44 of the Mental Hygiene Law; a hospital operating pursuant to § 7.17 of the Mental Hygiene Law; a mental hygiene facility operating pursuant to Article 31 of the Mental Hygiene Law; an inpatient or residential treatment program certified pursuant to Article 32 of the Mental Hygiene Law; a residential facility for the care and treatment of persons with developmental disabilities operating pursuant to Article 16 of the Mental Hygiene Law; a residential treatment facility for children and youth operating pursuant to Article 31 of the Mental Hygiene Law; a private or public school; research institution with an internal review board; or any other facility as determined by the board in regulation.

DESIGNATED CAREGIVER FACILITY EMPLOYEE

An employee of a designated caregiver facility.

DISTRIBUTOR

Any person who sells at wholesale any cannabis product, except medical cannabis, for the sale of which a license is required under the provisions of this chapter.

EXECUTIVE DIRECTOR

The Executive Director of the Office of Cannabis Management.

FORM OF MEDICAL CANNABIS

Characteristics of the medical cannabis recommended or limited for a particular certified patient, including the method of consumption and any particular strain, variety, and quantity or percentage of cannabis or particular active ingredient, or whole cannabis flower.

HEMP

The plant Cannabis sativa L. and any part of such plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9-tetrahydrocannabinol concentration (THC) of not more than 0.3% on a dry weight basis. It shall not include "medical cannabis," as defined in this section.

HEMP EXTRACT

All derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers derived from hemp used or intended for human consumption for its cannabinoid content, with a delta-9-tetrahydrocannabinol concentration of not more than an amount determined by the office in regulation. For the purpose of this section, hemp extract excludes (a) any food, food ingredient or food additive that is generally recognized as safe pursuant to federal law; or (b) any hemp extract that is not used for human consumption. Such excluded substances shall not be regulated pursuant to the provisions of this section but are subject to other provisions of applicable state law, rules, and regulations.

LABOR PEACE AGREEMENT

An agreement between an entity and a labor organization that, at a minimum, protects the state's proprietary § 854-A[1] interests by prohibiting labor organizations and members from engaging in picketing, work stoppages, boycotts, and any other economic interference with the entity.

LABORATORY TESTING FACILITY

Any independent laboratory capable of testing cannabis and cannabis products for adult use and medical use, cannabinoid hemp and hemp extract, or for all categories of cannabis and cannabis products as per regulations set forth by the State Cannabis Control Board.

LICENSE

A written authorization as provided under this chapter permitting persons to engage in a specified activity authorized pursuant to this chapter.

LICENSEE

An individual or an entity who has been granted a license under this chapter.

MARIJUANA

For the purposes of this chapter (Code), "marijuana" may be used interchangeably with "cannabis."

MEDICAL CANNABIS

Cannabis, as defined in this section, intended for a certified medical use, as determined by the Board in consultation with the Commissioner of Health.

MICROBUSINESS

A licensee that may act as a cannabis producer for the cultivation of cannabis, a cannabis processor, a cannabis distributor, and a cannabis retailer under this section, provided such licensee complies with all requirements imposed by this section on licensed producers, processors, distributors, and retailers to the extent the licensee engages in such activities.

NURSERY

A licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis by licensed adult-use cannabis cultivators, microbusinesses, cooperatives, and registered organizations.

NURSERY LICENSE

A nursery license authorizes the production, sale, and distribution of clones, immature plants, propagation, and cultivation of cannabis by licensed adult-use cultivators, cooperatives, microbusinesses, or registered organizations.

OFFICE or OFFICE OF CANNABIS MANAGEMENT

The New York State Office of Cannabis Management.

ON-SITE CONSUMPTION

The consumption of cannabis in an area licensed as provided for in this chapter.

PACKAGE

Any container or receptacle used for holding cannabis or cannabis products.

PERMIT

A permit issued pursuant to this chapter.

PERMITTEE

Any person to whom a permit has been issued pursuant to this chapter.

PRACTITIONER

A practitioner who is licensed, registered, or certified by New York State to prescribe controlled substances within the state. Nothing in this chapter shall be interpreted so as to give any such person authority to act outside their scope of practice as defined by Title VIII of the Education Law. Additionally, nothing in this chapter shall be interpreted to allow any unlicensed, unregistered, or uncertified person to act in a manner that would require a license, registration, or certification pursuant to Title VIII of the Education Law.

PROCESSOR

A licensee that extracts concentrated cannabis and/or compounds, blends, extracts, infuses, or otherwise manufactures concentrated cannabis or cannabis products, but not the cultivation of the cannabis contained in the cannabis product.

REGISTERED ORGANIZATION

An organization registered under article three of this section.

REGISTRY APPLICATION

An application properly completed and filed with the board by a certified patient under article three of this section.

REGISTRY IDENTIFICATION CARD

A document that identifies a certified patient or designated caregiver, as provided under this chapter.

RETAIL SALE

To solicit or receive an order for, to keep or expose for sale, and to keep with intent to sell, made by any licensed person, whether principal, proprietor, agent, or employee, of any cannabis, cannabis product, cannabinoid hemp or hemp extract product to a cannabis consumer for any purpose other than resale.

RETAILER

Any person who sells at retail any cannabis product, the sale of which requires a license under the provisions of this chapter.

SMALL BUSINESS

As defined in § 131 of the Economic Development Law and shall apply for purposes of this chapter where any inconsistencies exist.

SMOKING

The burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains cannabis, including the use of an electronic smoking device that creates an aerosol or vapor.

SOCIAL AND ECONOMIC EQUITY APPLICANT

An individual or an entity who is eligible for priority licensing pursuant to the criteria established in article four of this section.

TERMINALLY ILL

An individual who has a medical prognosis that the individual's life expectancy is approximately one year or less if the illness runs its normal course.

THC

Delta-9-tetrahydrocannabinol; delta-8-tetrahydrocannabinol; delta-10-tetrahydrocannabinol and the optical isomer of such substances.

TOTAL THC

The sum of the percentage by weight or volume measurement of tetrahydrocannabinolic acid multiplied by 0.877, plus the percentage by weight or volume measurement of THC.

WAREHOUSE

A place in which cannabis products are securely housed or stored.

WHOLESALE

To solicit or receive an order for, to keep or expose for sale, and to keep with intent to sell, made by any licensed person, whether principal, proprietor, agent, or employee of any adult-use, medical-use cannabis or cannabis product, or cannabinoid hemp and 36 hemp extract products for purposes of resale.

[1] Editor’s Note: See the New York State Cannabis Law.

D. Inspection requirements.

(1) A person may operate a licensed retail business engaging in the transfer, distribution, cultivation or sale of cannabis business in the Town of Ontario only in accordance with the provisions of this chapter of the Code of the Town of Ontario.

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

(3) All Code Enforcement Officials, including the Town Building Inspector and Town Zoning Enforcement Officer, shall complete their certification that the premises is in compliance or not in compliance within 20 days of the inspection of the premises by such officials.

(4) Any owner and/or operator, employee of the owner and/or operator or agent of the owner/operator shall permit representatives of the Wayne County Sheriff's Office, the New York State Police, the County or State Health Department, the Town Building Inspector, the Town Code Enforcement Officer or other Town, county or state department or agency that has permitting authority regarding the use and/or premises to inspect the premises of a licensed retail business engaging in the transfer, distribution, cultivation or sale of cannabis for the purpose of ensuring compliance with this chapter at any time it is occupied or open for business.

E. Violations. It shall be deemed a violation of this chapter if any person, owner and/or operator, an employee of the owner and/or operator or an agent of the owner/operator has:

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

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

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

(4) Operated after having a valid license issued by the NYS Office of Cannabis Management revoked, suspended, nonrenewed, nonissued, and/or expired.

F. Enforcement and penalties for licensed businesses. The provisions of this section shall be enforced in accordance with, and the penalties for violation thereof governed by, the provisions of § 80-17 of this Code.

G. Severability. If a court determines that any clause, sentence, paragraph, subdivision, or part of this section, or the application thereof to any person, firm, or corporation or circumstance, is invalid or unconstitutional, the court's order or judgment shall not affect, impair, or invalidate the remainder of this section, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this section, or in its application to the person, individual, firm, or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered.

H. Effective date. This section shall take effect immediately when it is filed in the Office of the Secretary of State in accordance with § 27 of the Municipal Home Rule Law.

§ 150-46 Cannabis cultivators.

A. Intent. This section sets forth supplemental regulations, procedures and conditions which shall apply to certain land use activities in the Town of Ontario that are incongruous or sufficiently different in terms of their nature, location and potential effect on the surrounding environment and the quality of the environment and that warrant special evaluation of each individual case.

B. Zoning restrictions.

(1) Cannabis cultivation shall only be permitted in the Industrial Zone. A special use permit from the Planning Board is required.

(2) No cannabis retail dispensaries shall be permitted within 2,000 feet of the property line to the property line of any other cultivation location.

(3) Cultivation must be conducted within a stand-alone building/structure.

(4) Buildings must possess proper filtration and ventilations (air and water).

(5) Hours of operation for a cannabis cultivation operation shall be determined by the Code Enforcement Officer and Town Board.

(6) No one under the age of 21 will be permitted within the establishment.

(7) No more than one cannabis cultivator shall be permitted on any lot.

(8) The proposed use shall meet all other requirements of this chapter and other ordinances and local laws of the Town of Ontario and all other requirements of the laws of Wayne County and New York State.

C. Consumption restrictions.

(1) Cannabis cannot be consumed in or around a cultivation location.

(2) The site may only conduct the sale of cannabis with a licensed retailer.

(3) Direct retail sales to the public/consumers is prohibited.

D. Signage.

(1) All signage associated with cannabis cultivation will be required to obtain a special permit from the Town Planning Board and is subject to the following provisions:

(a) Not contain any flashing lights.

(b) Be a flat plane, rectangular in shape.

(c) Not exceed 18 square feet or three feet by six feet in area.

(d) Not project at a right angle from the building.

(e) Be affixed or attached to any wall or door of the enterprise.

(f) Building signs shall contain no photographs, silhouettes, drawings, or pictorial representations in any manner and may contain only the names of the enterprise.

(g) Each letter forming a word on a primary sign shall be of solid color, and each such letter shall be the same print type, size, and color. The background behind such lettering on the display surface of a primary sign shall be of a uniform and solid color.

(h) No landmark signage.

(i) No pylon or freestanding signage.

(j) No advertising in windows, signs, words, or pictures.

(k) All windows must be tinted and outward viewing only.

E. Lighting and security.

(1) Local government has the right to review the location's lighting and security regulations so that retail dispensaries and on-site consumption businesses can incorporate the light and security that may be needed for these businesses.

(2) Lighting shall not encroach onto neighboring properties.

(3) Motion detectors or timers should be considered as part of any lighting plan.

(4) Must adhere to the Town of Ontario Code pertaining to lighting being dark-sky-compliant on property.

F. Inconsistent laws. All laws inconsistent with any provision or provisions of this section are hereby repealed, including "Operating Retail Businesses Involving the Transfer, Distribution or Sale of Cannabis within the Town of Ontario."