The following supplementary regulations covering requirements and exceptions shall apply to all districts or to such districts as specified.
[Amended 5-9-1988 by L.L. No. 1-1988]
A.
The following specific special uses are permitted upon the issuance of a special permit by the Zoning Board of Appeals in accordance with § 127-46, in the district specified, subject to the conditions stated in the Zoning Schedule herein:[1]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1)
Fur farm. A plot plan showing proposed facilities and improvements shall be provided. A permit shall be for a period of not more than 10 years, renewable within three years of expiration.
(2)
Industrialized poultry farm. A plot plan shall be provided showing all proposed facilities and improvements and plans for all buildings. Plans for disposing of manure shall be specified and shall be approved by the County Health Department. Permits shall be for a period not exceeding 12 years, renewable within three years of expiration. Poultry cages shall be suitably removed from all lot lines.
(3)
Pig farm. A site plan shall be required showing all improvements, areas which will be open to use by pigs and relationships with adjacent areas. Permits shall not be granted for a period longer than 12 years, but may be made renewable on expiration of not less than 2/3 of the grant period.
(4)
Dog kennel. A site plan shall be provided showing all proposed facilities and improvements and plans for all buildings and cages submitted. A report on the plan shall be requested from the Niagara County Society for the Prevention of Cruelty of Animals. All animals shall be confined to cages or structures a sufficient distance from any neighboring uses to prevent undue annoyance. Permits shall be for a period not exceeding 15 years, but may be made renewable on the expiration of 2/3 of the grant period.
(5)
Veterinary clinic. A site plan shall be required showing all proposed improvements and their relationship to surrounding lands.
(6)
Day camp for minors. A plot plan showing all proposed facilities and improvements shall be provided. The maximum number of children that may be accommodated at one time shall be limited in relation to the area and facilities available. The permit shall be for a period of not more than 20 years, renewable within five years of expiration.
(7)
Overnight camp for minors. A site plan shall be required, which shall show forest areas and all proposed facilities and improvements. The site shall contain suitable timber or topography to give adequate privacy. The boundaries shall be fenced and activities confined to the campgrounds or suitable public lands. Any use by other than the owner should be specified and approved. Measures shall be taken to suitably protect adjoining properties. A permit shall be granted for not more than 20 years, but may be made renewable on expiration of 2/3 of the grant period.
(8)
Animal sales' lots/storage barns. These facilities, approved by the appropriate federal and state agencies, may be located in the Rural Residential District or Heavy Industrial District on any lot of more than five acres. A sufficient greenbelt and visual screen shall also be required. A plot plan shall have all proposed improvements and areas to be used for the storage of manure and the keeping of animals plainly indicated. Conditions shall be established to keep the area from inhibiting industrial development on nearby land.
(9)
Excavating, grading, stripping and filling operations. These operations, approved by appropriate federal and state agencies, may be located in any district, subject to the following conditions:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(a)
Major excavating, grading, stripping and filling operations. No person shall perform these operations on any lot, except when a special permit has been granted as provided herein.
(b)
Suitable site plans showing before and after conditions shall be required. The finished condition shall normally not permit any bank with a slope of more than one foot vertical to three feet horizontal. Replacement of topsoil, finished seeding or sodding and other landscaping shall be required where applicable. Adequate information relative to any pond to be created shall be provided to permit the Board of Appeals to determine that such pond will not become a public nuisance. A time schedule of the operations shall be provided, including an expiration date for the permit, which shall, in no instance, run more than three years, but which may be renewable. Measures shall be introduced to ensure that any interim hazardous or nuisance-producing stage in the operations shall be prevented. Where failure to complete the work as permitted would result in an unsatisfactory situation, a performance bond, similar in nature to that required by the Town Subdivision Regulations,[2] shall be required. Where an engineering inspection is deemed necessary, the Board of Appeals shall determine the cost of such inspection and require payment to the Town Clerk of a fee sufficient to cover inspection. Such fee shall be utilized in a manner determined by the Town Board to cover the costs of inspection.
(c)
Any topsoil stripped on a lot in accordance with a special permit must remain on the lot from which it was stripped.
(d)
Any subsoil, clay, sand, gravel or rock excavated, graded, stripped or filled in accordance with a special permit must remain within the Town's boundaries. No such material shall be removed.
(e)
Spoil piles.
[1]
Any excess material (spoil piles) made during Town-Board approved construction, repair, widening, deepening or cleaning of ditches may be disposed of for use other than on the lot from which it was taken, either within or without the Town's boundaries, subject to approval by the spoils committee.
[2]
Disposition of such spoil piles shall be determined by the Spoil Soil Committee, which shall consist of three members appointed by the Supervisor and which Committee shall include the Supervisor of the Town, the Town Highway Superintendent and one Councilman.
(10)
Trailer/tent campground. The entire area shall be fenced and activities confined to the grounds. Campsites and activity areas shall be suitably removed from project boundaries. Driveways shall be designed for safety and privacy of the campsites. Permits shall not be granted for a period of more than 20 years, but shall be renewable after the expiration of 2/3 of the specified period.
(12)
Exotic animals. These operations, if previously approved by appropriate federal and state agencies, may be located in Semirural Residential 100, Semirural Residential 150, and Rural Residential 200 Districts, subject to the following conditions:
[Added 3-20-2013 by L.L. No. 1-2013]
(a)
No person shall harbor a wild or exotic animal within the Town of Wilson, except as permitted by this article.
(b) ANIMAL HARBOR WILD OR EXOTIC ANIMAL
Definitions. As used in this Subsection A(12), the following terms shall have the meanings indicated:
Any and all types of animals, domesticated and wild, male and female, singular and plural.
To keep or contain upon public or private property or to permit another to keep or contain upon public or private property.
Any species of animal whose natural or usual habitat is either in the wild or in a zoo, as opposed to a domesticated environment, regardless whether such animal poses an actual or apparent threat to persons, other animals or property, and any species of animal which, as a matter of common knowledge, is naturally ferocious, unpredictable, dangerous and mischievous. The following animals, the ownership of which is normally legal, and which are normally found within a domesticated environment are specifically declared not to be "wild or exotic animals" subject to regulations under this article: dogs; cats; tropical birds such as canaries, parakeets, parrots and myna birds; guinea pigs; gerbils; hamsters; white mice; turtles, other than snapping turtles; tropical fish; and nonpoisonous snakes.
(c)
Each such application shall include identification of the applicant and the person who proposes to harbor such wild or exotic animal, the nature and species of such animal, a description of the characteristics of such animal and its propensity or ability to cause harm to persons or property and the location where the wild or exotic animal is to be harbored, a list of any other wild or exotic animals harbored or proposed to be harbored at the same location, and the consent of all owners of such location. Such application shall be accompanied by such fee as may be prescribed by the Town Board by resolution.
(d)
No permit shall be issued for any exotic animal to be housed, kept, maintained or cared for on any premises in the Town that is not of a minimum lot size of 10 acres, and any structure housing the exotic animal on said parcel must have a minimum setback of 100 feet from any property line.
(e)
All animals located on a permitted property shall be microchipped, where appropriate, or monitored by other allowable means and deemed healthy by a licensed veterinarian. Animals harbored shall not be allowed to breed.
(f)
Suitable site plans showing before and after conditions shall be required. Adequate information relative to any animals located on premises and to specific harboring facilities to be erected shall be provided to permit the Board of Appeals to determine that harboring of said animals will not become a public nuisance. A time schedule of the operations shall be provided, including an expiration date for the permit, which shall, in no instance, run more than three years, but which may be renewable. Measures shall be introduced to ensure that any hazardous or nuisance-producing noise or odors in the operations shall be prevented. The site plan shall also contain a written emergency plan suitable to the Board of Appeals to protect the health, safety and well-being of persons and property in the Town.
(g)
Signage. The possessor of a wild or exotic animal shall have continuously posted and displayed at each possible entrance onto the premises where a wild or exotic animal is kept a conspicuous sign, clearly legible and easily readable by the public, warning that a wild or exotic animal is on the premises. In addition, the possessor shall conspicuously display a sign with a warning symbol that informs children of the presence of a wild or exotic animal. Additionally, no permit shall be issued without signage provisions that require posting in and along each boundary line of the property.
(h)
Inspections. No permit shall be issued without inspection provisions. It shall be the duty of the Zoning/Code Enforcement Officer, or whoever the Town Board shall designate, to make inspections from time to time, and such other inspections as they may be directed by the Town Board, of the premises and place for which permits have been issued to ascertain whether or not said premises or places are maintained in accordance with the provisions of this Subsection A(12). It shall also be the Zoning/Code Enforcement Officer's duty to report all violations of the provisions of this article and other provisions of the Code and the Public Health Law of the state to the proper authorities. Inspections shall take place at least once per year, or as deemed appropriate by the Zoning Board of Appeals or the Town Board.
(i)
Liability. If any wild or exotic animal escapes, either intentionally or unintentionally, the possessor of the wild or exotic animal shall immediately contact a law enforcement officer of the city or County where the possessor resides to report the escape or release. The possessor is liable for all expenses associated with efforts to recapture the animal.
(j)
Insurance. A possessor of a wild or exotic animal shall maintain liability insurance coverage in an amount of not less than $500,000 for each occurrence for liability damages for destruction of or damage to property and death or bodily injury to a person caused by the wild or exotic animal. The possessor of a wild or exotic animal shall provide a copy of the policy for liability insurance to the Zoning/Code Enforcement Officer on an annual basis.
(k)
Additional information. Submittal of additional information may be requested to ensure compliance with the intent of this chapter. Information may include, but not be limited to, plans for posting emergency information and specification of materials used in the containment of exotic animals.
(13)
Day-care center/nursery. A plot plan showing all proposed facilities and improvements shall be provided. The maximum number of children that may be accommodated at one time shall be limited in relation to the area of facilities available.
[Added 2-18-2015 by L.L. No. 1-2015]
(14)
Animal rescue facility. A facility housing rescued domestic animals (dogs and cats) may be allowed subject to approval of a site plan and compliance with all components of this subsection. Animal rescue facilities shall be further subject to the following regulations:
[Added 7-15-2015 by L.L. No. 3-2015]
(a)
The facility shall be set back as far as possible from all residential use property. In no case shall the minimum front and side setbacks be less than 150 feet.
(b)
Methods shall be used to reduce off-site noise, which may include the use of sound-barrier material such as "bark-block" and/or other approved insulation.
(c)
The animals shall be housed in appropriate kennel units with insulation to further abate noise.
(d)
The facility shall have appropriate flushing drains and other physical elements to properly dispose of cleaning waste from the animal boarding area.
(e)
The quarters in which the animals are kept shall be maintained in a clean condition and good state of repair. No nuisance caused by odor, noise, flies or animals running at large shall be permitted.
(f)
Animal rescue facilities shall be limited to domestic dogs and cats, unless otherwise specifically permitted by the Town.
(15)
Short-term rentals. Short-term rental properties as defined and further regulated by § 127-37.2.
[Added 9-20-2023 by L.L. No. 3-2023]
(16)
Roadside stands. A structure for the sale of fruits and vegetables and related products is permitted in the Rural Residential, Semirural Residential, Rural Highway Commercial or Semirural Highway Commercial District, subject to the following conditions and those stated in the temporary permit:
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(a)
Parking areas shall be so designated as to provide for the safety of motorists and pedestrians.
(b)
Signs shall be in accordance with the applicable provisions of this chapter.
(c)
Only produce produced on the premises can be sold at the stand, except that minor miscellaneous related products purchased for sale with the produce can also be sold. A site plan shall be required showing roadside conditions for 500 feet on either side of the proposed stand, locating trees, signs, fences and other obstacles to vision and driveways, culverts, ditches, bridges and other obstacles to movement from the highway in the immediate vicinity of the stand and showing the location of the proposed stand, related signs and parking areas. Parking areas shall be so designated as to eliminate any necessity for vehicles backing onto the traffic lanes. Permits shall not be granted for a period of longer than 12 years, but may be made renewable on expiration of not less than 2/3 of the stipulated period.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
B.
The following specific special uses are permitted upon issuance of a special permit by the Town Board in accordance with § 127-46, in the district specified, subject to the conditions stated in the Zoning Schedule herein.[3] In addition to the conditions stated in the Zoning Schedule, the conditions shall include the recommendation of the Board of Appeals, as specified by § 127-46, and the Planning Board. The Zoning Administrator shall, after review and comment by the Planning Board, forward such documentation to the Town Board for its review and comment. The Town Board shall review such specific special uses with regard to the best economical and environmental concerns of the Town. The Town Board shall then proceed with a public hearing in accordance with § 127-48D.
(1)
Commercial or livery stable. Permits shall not be granted for a period of longer than 20 years, but may be made renewable on expiration of not less than 2/3 of the grant period. A site plan shall be required showing all proposed improvements and relationship to the adjacent area.
(2)
Private club or group facilities. A site plan shall be provided showing all proposed improvements and their relationship to adjacent development. Areas to be used for intensive outdoor activity (sports, picnicking, etc.) shall be indicated. The extent to which such facilities may be rented to other groups shall be specified. Permits shall not be granted for a period of longer than 20 years, but may be made renewable on expiration of 1/2 of the grant period.
(3)
Gun club or other private recreation activity involving the use of firearms. A site plan shall be required showing all proposed improvements and their relationship to adjacent development. Areas used for intensive outdoor activities, especially involving firearms, shall be delineated, and adequate measures for safety and noise control shall be specified. The extent to which such facilities can be rented to other groups shall be specified. Permits shall not be granted for a period of more than 12 years, but may be made renewable on expiration of 2/3 of the grant period.
(4)
Golf course. A site plan shall be required showing all proposed improvements. The character of the use of the property shall be clearly specified, including any rent of the facilities for use by other groups. The character of any food service shall be specified.
(5)
Continuance, on a nonpermanent basis, of a mobile home court in existence at the time of adoption of this chapter. A site plan shall be required, unless one has previously been approved and is on file with the Board of Appeals, and shall show all improvements, mobile home stands, etc. Provisions shall be made that any new mobile home brought into the court shall be inspected for adequacy by the Zoning/Code Enforcement Officer and that all homes remaining in the court shall be inspected not less than once a year. Provisions shall be made that any mobile homes found to be structurally deteriorating or in need of major repairs in such inspection shall be removed from the park. Provisions shall be made for the annual inspection of mobile home court sanitary systems without cost to the Town for the correction of any inadequacies. Suitable provisions shall be made that the court be kept in a neat and sanitary condition and that a thorough cleanup of the site follows the removal of any mobile home. The number of units permitted in a mobile home court may not be increased over that originally granted, but may be decreased at the time of permit renewal if found unsatisfactory by the Board. The Board may, at any time, permit rearrangement of mobile homes on the site by approving an amended site plan but, in so doing, shall be guided by the most recent standards or recommendations for mobile home courts as published by the Federal Housing Agency. Permits may not be granted for a period in excess of nine years, but may be made renewable on expiration of not less than 1/2 the stipulated period.
(6)
Utility facilities. Utility transmission and distribution lines approved by appropriate federal or state agencies may be located in any district and shall be installed under or above the ground in an approved fashion. A site plan and construction plan of the installation shall be required, along with a landscaping plan prepared by a licensed landscape architect. The application for a permit shall state any proposed and permitted storage of material at the site.
(7)
Radio/television/communication facilities. Radio and television transmission receiving antennas and facilities, but not studios or business offices may be located in any district, except in Semirural Highway Commercial, Waterfront Commercial or Park Land Districts, on any lot of more than 50 acres, if all structures are located at a distance not less than their height from all property lines. All distribution and/or transmission lines shall be subject to standard installation requirements.
(8)
Hospital. A hospital or health-care center or clinic approved by appropriate federal or state agencies may be located in the following districts on any lot of more than 10 acres: Rural Residential, Semirural Residential or Urban Residential. A sufficient greenbelt shall also be required.
(9)
Junkyards. A junkyard may be located in the Heavy Industrial District on any lot of more than five acres. A sufficient greenbelt shall be required with visual screen or buffer enclosing the lot. Industrial-type operations are permitted, if approved by appropriate federal or state agencies, to process, treat, restore or recycle material for resale. Service shall be allowed on-premises, and sale shall only be of material handled on-site. A site plan shall be required showing all proposed improvements and any exterior areas to be used for the dismantling of vehicles, the storage of car parts or other junk. No burning shall be permitted, other than on a short-term permit. All operations shall be enclosed with a suitable opaque fence, approved as to type, height and construction by the Board of Appeals. Material shall not be stacked inside the fence so as to be visible from any road.
(10)
Petroleum and fuel storage. These facilities, approved by appropriate federal and state agencies, may be located in Heavy Industrial or Light Industrial Districts on any lot of more than 200,000 square feet. A sufficient greenbelt and visual screen shall also be required. Site plans shall be required, showing all proposed improvements. Advice shall be sought from appropriate state agencies.
(11)
Adult book, video or entertainment store or facility. A site plan shall be provided, showing all proposed improvements and their relationship to adjacent development. Adequate off-street parking shall be provided. A single sign will be allowed, no greater than a maximum of six square feet. There shall be no flashing lighted signs. The store or facility shall not be located within one mile of any educational, recreational building, boys or girls club, or any church, synagogue or place of worship building or facility. No person under the age of 18 shall be permitted to enter the premises. The initial permit will be limited for a period of one year. Any subsequent renewal shall be upon application and may be granted for a period not to exceed 12 years.
[Added 4-18-2005 by L.L. No. 2-2005]
[3]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
C.
Every application for a special use permit cited in Subsection B shall include the submittal of the following, in addition to the requirements of § 127-46, prepared by a licensed professional engineer to aid in the review of such application:
(1)
Engineering report. A complete, concise and accurate engineering report detailing the existing site conditions, including subsurface information, proposed site layout, sanitary and health facilities, storm drainage facilities, water supply, power systems and safety facilities.
(2)
Construction plans and report. A complete, concise and accurate set of construction plans showing all construction details, with a report describing all construction standards, regulations and guidelines to be followed and/or implemented, including a schedule of implementation.
(3)
Operations report. A complete, concise and accurate operations report detailing any and all physical and chemical operations, short of giving trade secrets, to take place at the facilities. The operation plan shall include any and all health, safety and environmental emergency procedures to be implemented as necessary.
(4)
Statement of proposed action. A complete, concise and accurate statement of the proposed action in compliance with the State Environmental Quality Review Act (Article 8 of the Environmental Conservation Law and Part 617 of Title 6 of the New York Codes, Rules and Regulations).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D.
The Town Board, in its declared role as lead agency, shall implement State Environmental Quality Review on all permits in Subsection B and will decide if the proposed action is Type I, Type II, unlisted, exempt or excluded, as defined by SEQR. The Town Board, if it determines the action to be Type I or unlisted, may request the applicant to complete an environmental assessment form. The Town shall then prepare a negative declaration, determination of nonsignificance or a positive declaration, determination of significance and the intent to prepare an environmental impact statement.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E.
If a notice of determination of nonsignificance is issued by the Town, then the SEQR process ends. If a notice of determination of significance and intent to prepare an environmental impact statement is issued by the Town, the SEQR process continues. In accordance with the Town Code and SEQR, this could include draft and/or final impact statements, public comment period(s) and/or hearings and/or finding statements.
[Added 4-14-1997 by L.L. No. 1-1997]
A.
Pursuant to § 274-b, Subdivision 5, of the Town Law, when reasonable, the Town Board shall have the power to waive any requirements for the approval, approval with modifications or disapproval of special use permits submitted to it for approval.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
Such waiver shall be subject to the following conditions:
(1)
The public health, safety or general welfare is deemed not to be adversely affected.
(2)
The special use being permitted is appropriate to a particular site plan.
(3)
Any other act or circumstance the Town Board determines to be appropriate in considering the waiver and in the best interest of the Town of Wilson and its residents.
The following uses are permitted in any district or in such districts as may be designated as temporary uses, subject to the issuance of a temporary use permit in accordance with § 127-47, stating time limit and the following conditions stated herein:
A.
Contractor's shed/trailer. Contractor's buildings, trailers or sheds may be erected on a construction site to serve as an office, workshop or storage area during the construction of any authorized structure following the issuance of a building permit in any district. Such buildings shall not remain longer than 18 months unless an extension for a longer period is granted by the Board of Appeals. They may not be used as residences, except as the quarters of a watchman. In addition, there shall be a minimum front setback requirement of 50 feet for such buildings.
B.
Fairs/carnivals. An out-of-door fair, carnival or similar event may be conducted by a church, civic organization or similar nonprofit group on the premises of a building occupied by such organization or on a lot in any district, except in the Light and Heavy Industrial Districts, for a period not exceeding three days in any calendar year in any district, subject to the granting of a temporary permit therefor by the Board of Appeals. During such period, it may use such signs and other devices as the Board shall find appropriate to the occasion and within the limits of the sign regulations. A suitable guaranty shall be made for cleaning and policing the site after the operations. The hours of operation, noise level controls on any noisemaking devices, etc., shall be established as necessary to permit the quiet enjoyment of neighboring residential areas.
C.
Special events. Any nonprofit, commercial or industrial operation in other than a residential district may celebrate, during not more than three days a month nor more than six days of any calendar year, a special promotional event, such as a grand opening, on the granting of a temporary permit by the Board of Appeals. During such permit, it may use such signs and other devices as the Board shall find appropriate to the occasion and within the limits of the sign regulations.[1]
D.
Mobile home for farm labor. Additional requirements for the temporary location and occupancy on a farm of not less than 40 acres of a mobile home for farm labor employed solely on the premises shall be as follows: The mobile home is to be located on a site as determined by the Board of Appeals and removed upon expiration of the permit. Prior to issue and renewal of a temporary permit, the occupant must provide documentation that income is derived solely from the farm property on which the mobile home is located. Provisions shall be made for the inspection of any such temporary mobile home for adequacy by the Town Zoning/Code Enforcement Officer prior to occupancy and for such mobile home to be removed when found inadequate by the Building Inspector. The mobile home shall be in adequate internal and external condition, as determined by the Zoning/Code Enforcement Officer. Adequate provision for potable water supply and sewage disposal shall be made for each such mobile home. Special permits shall be granted for a period of not exceeding 12 months at the standard fee and renewable on expiration at a fee equivalent to the combined tax revenue based on a market value of 100%, but not less than a fee in an amount as set by resolution of the Town Board.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E.
Mobile home during construction. Construction of primary dwelling shall start within 60 days of issuance of permit.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(1)
A mobile home may be permitted during dwelling construction for the temporary use by the lot owner during the course of and in connection with the construction of a dwelling on the lot, such location to be for a period of not more than 12 months. Construction of the permanent dwelling must be commenced within six months after the issuance of the special permit, and such special permit may only be renewed for one period of six months.
(2)
The mobile home shall be in adequate internal and external condition, as determined by the Town Zoning/Code Enforcement Officer, and shall have adequate potable water supply and sanitary facilities. A building permit shall have been issued for the related permanent dwelling and adequate financing of construction ensured. If the mobile home is not removed at the expiration of the permit period, the Town may have the mobile home removed and stored, if necessary, and have the site cleared, and all charges for expenses incurred by the Town for such removal and clearance shall be added to the next-assessed Town taxes against the premises and shall be a legal charge thereon. Such permits shall only be renewable in case of unusual difficulty, and then only once. The total period of occupancy shall in no instance be permitted to exceed 18 months.
[Amended 5-23-1988 by L.L. No. 3-1988]
(3)
Emergency placement of a mobile home by order of the Town for occupancy by the owner during home reconstruction must follow applicable regulations. No fees shall be required for this emergency placement.
F.
Signs. Temporary signs as part of a temporary use for which a permit is issued, such as fair/carnival, special event or a roadside stand, do not require a temporary permit; however, the signs must be in accordance with regulations stated in § 127-37. Temporary signs relating to real estate rent, lease or sale do not require a temporary permit; however, the sign must be in accordance with regulations stated in § 127-37. Any other temporary sign requires a permit and must be in accordance with applicable regulations and the permit requirements. Emergency placement of signs by order of the Town must follow applicable regulations. No fees shall be required for any temporary signs.
The following uses are permitted in districts where specified applicable to regulations provided in this chapter and the following conditions:
A.
Farming operations. In conjunction with the operation of a permitted farm, the keeping of normally accessory farm equipment, vehicles and implements for use on such farm is permitted. Also, the storage of supplies necessary for the farm operations and produce of such farm is permitted, provided that the setbacks and yard requirements are met. The keeping of horses, cattle, sheep, goats, chickens, turkeys, ducks or similar domestic animals or fowl is permitted, provided that the requirements specified in this chapter are met. No sale or service is permitted unless an appropriate permit is obtained in accordance with the provisions of this chapter.
B.
Signs. Signs are permitted as an accessory use where specified, subject to the provisions stated in § 127-37.
C.
Swimming pools. A private swimming pool installed or maintained as an accessory use in a residential district shall require a building permit and shall meet the following requirements:
(1)
When permitted. Any such pool shall be used only as an accessory use to a dwelling or a special permit use for the private use of the owner or occupant of such dwelling or building and his or her family, guests or employees.
(2)
Safety measures. Any such pool shall be completely enclosed by a security fence not less than four feet in height, of a type approved by the Zoning/Code Enforcement Officer, with all gates or doors opening through such enclosure equipped with self-closed and self-latching devices designed to keep and capable of keeping such gates or doors securely closed at all times when not in actual use. Any pool with sides extending more than four feet above grade may alternately be equipped with folding or removable steps or other means of denying access to small children as may be approved by the Zoning/Code Enforcement Officer.
[Amended 5-6-2002 by L.L. No. 2-2002]
(4)
Filters. Such pool shall be equipped with an integral filtration system and filter pumps or other mechanical devices which shall be so located and constructed as not to interfere with the peace, comfort and repose of the occupant of any neighboring property.
(5)
Drainage. A request for installation of a pool shall be accompanied by a statement of the proposed method of draining the pool, indicating to the satisfaction of the Zoning/Code Enforcement Officer that such drainage will not interfere with the enjoyment of neighboring properties.
(6)
Corrective measures. The Zoning/Code Enforcement Officer shall order the immediate correction of any situation which does not meet the requirements or intent of this section or for which he receives a written complaint from the County Health Department and shall, when considered necessary, require any pool to be immediately drained.
(7)
Setback. All swimming pools must be set back from property lines such distances as are equal and conform to the building setbacks as required for the district in which they are located.
D.
Fences.
[Amended 3-20-2013 by L.L. No. 2-2013; 7-19-2023 by L.L. No. 2-2023]
(1)
Requirements.
(a)
The requirements of this chapter shall not be deemed to prohibit any otherwise lawful fence or wall, provided that in any residential district no fence or wall shall exceed six feet in height and no solid fence or hedge over three feet in height shall be erected or maintained within 20 feet of any street line or in a UR 40 District.
(b)
Waterfront areas, as documented by the Town assessment roll, shall be treated in the same manner as road frontage relative to the construction of fences. Visibility at intersections shall not be obstructed by fences, as specified in § 127-28A. In commercial and industrial districts, the Town may permit fences to be higher in height to provide for necessary visual screens. All fences shall be constructed in accordance with generally recognized construction methods. Fabric, of any type, shall not constitute a fence. Fencing shall be maintained in good and stable condition.
(2)
Proximity to adjacent structures. Fences shall be located such that district-regulated side yard setbacks are provided between the fence and other structures on subject property or adjacent properties. For purposes of this section, setback shall be measured between the structure and the fence, and the good side of the fence shall be facing the neighbor.
(3)
Temporary fence. A temporary fence shall not restrict sight distance for the traveling public or create a hazardous condition. There is no building permit required for a temporary fence. The utilization of temporary fencing is limited to the following purposes:
(a)
Snow fencing used exclusively to control snow drifting. Fencing shall be properly secured and not exceed four feet in height. Snow fencing may only be utilized between November 15 and March 30 and shall not remain in place outside of such dates.
(b)
Crowd control fencing at a legally permitted event. Fencing shall be properly secured and not exceed four feet in height. Duration of use shall be limited to three days in any calendar year and shall be removed at the conclusion of the permitted event.
(c)
Construction fencing used to protect the public from hazardous conditions and debris during a permitted construction project, including open excavation. Construction fencing shall be immediately removed once the hazardous condition is eliminated.
E.
Home occupations. Only those occupations cited as accessory uses in specific districts are permitted as accessory uses, provided that all requirements are met regarding parking, signs and storage and that the home occupation is truly an accessory use. The classifications of various home occupations are defined in § 127-26. If a home occupation is permitted as an accessory use, if necessary, the Zoning/Code Enforcement Officer shall determine if the home occupation expands or grows, such as to exceed the intent of an accessory use. At such time, the Zoning/Code Enforcement Officer shall properly notify the owner and require the use to come into conformance with this chapter.
F.
Parking. Parking is permitted as an accessory use where specified, subject to the provisions stated in § 127-30.
G.
Tool, garden, and greenhouse sheds. Buildings, sheds, enclosures, or similar structures for use as a tool, garden or greenhouse shed are permitted as an accessory use, provided no sales or services are performed on the premises and no produce made on the premises is offered for sale, either on the premises or off-premises. All structures must meet the requirements of this chapter with regard to yards and setbacks. For the purposes of this chapter, tool, garden and greenhouse sheds shall not exceed 144 square feet, shall not exceed one story in height, and shall be permanently installed. These buildings shall be maintained in good condition at all times. A no-cost building permit is required for a shed meeting the standards of the section.
[Amended 7-19-2023 by L.L. No. 2-2023]
H.
TV/satellite antenna. The installation of a TV/satellite antenna is permitted, located in a rear yard, as an accessory use, provided that the requirements of yards, setbacks and height are met. No antenna may be located in a front or side yard.
I.
Storage. Storage is permitted as an accessory use where specified as follows:
(1)
Residential lots. Storage of a boat, boat and trailer, camp trailer or cargo trailer owned for personal use by a resident of the premises is permitted, provided that proper yard requirements are met.
(2)
Commercial and industrial lots. Storage of materials, products and waste associated with the operations of the premises is permitted, provided that proper yard requirements are met and storage is indoors in buildings meeting requirements for location.
The following uses are permitted as accessory uses in such districts as designated and upon issuance of a special use permit, subject to the following conditions and any conditions imposed upon issuance of a permit:
A.
Occupations/professions. This classification of home occupations/professions includes:
(1)
Architect, attorney, accountant, engineer, doctor, dentist, physician, surveyor, lawyer, journalist, reporter, broker.
(2)
Tutor, music/art/dance instructor, artist, photographer, sculptor.
(3)
Real estate sales, insurance sales.
(4)
Hairdresser, barber, beauty salon.
(5)
Elected public official as permitted by the Town.
B.
Occupations/services. This classification of home occupations/services includes:
(1)
Dressmaker, tailor, shoe repair, sewing.
(2)
Home baking, cooking, food preparation and resale.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3)
Bait and tackle shop, gun repair shop.
(4)
Bicycle repair, small appliance repair, carpenter, plumber.
(5)
Antique, gift, hobby and craft shop.
(6)
Contractor, remodeler, builder's office.
(7)
Florist, nursery.
(8)
Restoration shop for classic or custom vehicles, including boats, as well as canvas, upholstery, body and finishing.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(9)
Coating, or re-coating processes, including painting, restoration, coating materials such as wood, metals and glass for art, or commercial uses and sales.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(10)
Internet sales from home such as auction or resale sites.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D.
Restrictions.
(1)
The use may be carried out within a dwelling or in a detached building by a resident thereof, except in the case of a bed-and-breakfast, the use must be carried out in a private residence which is owner occupied.
[Amended 5-15-1989 by L.L. No. 2-1989; 11-10-1997 by L.L. No. 3-1997]
(2)
Not more than 25% of the total floor area, and in no event more than 500 square feet of the total floor area, shall be utilized for a dwelling structure, except for bed-and-breakfast establishments, and not more than 600 square feet of area shall be utilized for a nondwelling accessory structure.
[Amended 5-18-1998 by L.L. No. 1-1998; 5-6-2002 by L.L. No. 2-2002]
(3)
There shall be no exterior display or indication of the use other than specifically permitted signs.
(4)
An inventory of goods produced off the premises may be maintained for sale on the premises.
[Amended 11-10-1997 by L.L. No. 3-1997]
(5)
There may be incidental services provided by not more than one nonresident person.
(6)
Not more than one vehicle of less than one ton capacity may be utilized in connection with the activity.
(7)
Adequate parking must be provided on the premises.
(8)
All lodging/services must provide smoke detectors in all rental rooms and fire extinguishers with a minimum rating of 2A10BC in the hallways.
(9)
All bed-and-breakfast establishments for three to nine guests shall comply with the requirements of the County Health Department.
Lot requirements shall be as specified in the district regulations, Zoning Schedule[1] and as provided herein:
A.
Area measurement. For purposes of measuring lot area, only that part of the depth which is no more than three times the average width of the lot may be utilized in calculations.
B.
Lot area per family when other uses present. In computing the lot area available for residential use on a lot which has other uses, such as a dwelling use over a retail use, the lot area occupied by the buildings containing the other use, together with the area of required parking or off-street loading, shall first be deducted from the total lot area.
C.
Substandard lot of record. Other provisions of this chapter notwithstanding, any parcel of land having access to a street and having an area or a width less than those prescribed for the district in which such parcel is situated may be used as a lot for any purpose permitted in such district, provided that all of the following requirements are met:
D.
Variation of requirements for large scale housing developments. The Town Board is hereby empowered, as provided in § 278 of the Town Law, simultaneously with the approval of any subdivision, to conform the zoning regulations of the land so platted or to make any reasonable change therein, in accordance with the procedures and safeguards set forth in § 278, provided that no change is made in the overall density for the land so platted.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Yard requirements shall be as specified in the district regulations, Zoning Schedule[1] and as provided herein:
A.
Visibility at intersections. On a corner lot in any district, no structure, fence, wall, hedge or other planting shall be erected, placed or maintained at a height of between three and six feet above the curbline within the triangle formed by the street lines and a straight line adjoining said street lines at points 20 feet from the point of intersection.
B.
Transition areas. When a lot in a commercial, highway commercial or industrial district abuts a lot in a residential district, there shall be provided on such commercial, highway commercial or industrial district lots, on any side abutting the residential lot, a greenbelt as required herein to serve as a buffer.
C.
Private garage in rear yard. A detached, private garage, when otherwise permitted, may be erected in a rear yard in a residential district, but shall not be closer to a street line than the buildable area of the lot nor closer than five feet to other rear or side lot lines, and it shall not occupy more than 1/3 of the required rear yard.
D.
Slope of yard.
(1)
No building containing dwelling units shall henceforth be constructed or moved onto a lot nor shall any existing building be altered to contain any dwelling unit, unless the surface grade of the front yard at the front wall of the building is more than one foot, as an absolute minimum, above the center line of the road at a point at right angles thereto; however, the grade limitations as hereinbefore set forth in this chapter shall be used in all cases whenever such design is practical in the judgment of the Zoning/Code Enforcement Officer.
(2)
Where the Zoning/Code Enforcement Officer shall judge either such relationship to be impracticable, they may require that the land surface falls away on all sides of the structure to a level more than 10 inches lower than the level at the structure wall and at a grade of not less than one foot in 100 feet.
(3)
Topographic maps shall be required by the Zoning/Code Enforcement Officer whenever it is necessary to properly and adequately determine drainage requirements.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Height requirements shall be as specified in the district regulations and as provided herein:
A.
The following items are considered structures and subject to the structure height limits: silos, barns and other farm structures; church spires, belfries, domes or similar projections not used for human occupancy; chimneys, air-conditioning equipment, water tanks, antennas and other necessary mechanical apparatus usually carried above roof level.
B.
Building and structure height. No structure or building shall hereafter be erected or altered to exceed in height the limit designated for the district in which it is located according to the following schedule:
(1)
Residential buildings. The maximum height for residential buildings shall be 28 feet.
(2)
Other buildings. The maximum height for other buildings shall be 35 feet, except in the Waterfront Commercial District where boat-related use buildings shall have a maximum height of 50 feet and in the industrial districts where other buildings shall have a maximum height of 50 feet.
(3)
Structures. The maximum height for structures shall be 50 feet, except in the industrial districts where the maximum height shall be 80 feet.
A.
Purpose. The purposes of this section, in addition to the general purpose of this chapter, are more specifically:
(1)
To require installation of off-street parking in sufficient quantity to meet the normal needs of all uses in all districts.
(2)
In requiring and regulating the development and maintenance of parking areas, to provide measures to protect the safety of pedestrians on the sidewalks and traffic in the streets and the quiet enjoyment of other uses, particularly residential uses, in close proximity to the parking areas and to preserve and enhance the attractiveness of the Town.
B.
Required parking.
(1)
When required. Permanent off-street automobile parking space shall be provided, as specified hereinafter, at the time of erecting any structure; at the time any structure is enlarged or increased in capacity by adding dwelling or rooming units, seats, floor area or other elements on which parking requirements are based; or before conversion from one zoning use or occupancy to another.
(2)
Parking units required. For every building or structure hereafter erected or altered or use hereafter established, there shall be provided off-street parking as set forth in this section. The number of units required shall be as follows:
(a)
For each dwelling unit: two.
(b)
For each rooming couple or each boarder or transient guest: one.
(c)
For each professional person maintaining office hours: four plus one for each employee.
(d)
For each home occupation: three.
(e)
For each place of worship, clubhouse, parish house, auditorium or hall, theater or other place of public assembly: one for each three units of seating capacity.
(f)
For each rectory, parsonage or church office: two plus one for each employee.
(g)
For rentable office space: one for each 100 square feet of rental floor area.
(h)
For retail or personal service uses: for the first 1,000 square feet of space, one for each 250 square feet of floor space; for all additional space, one for each 150 square feet of floor space, plus space for all vehicles usually used in the business.
(i)
For restaurants or other places serving beverages or refreshments, except drive-in uses: one unit for each two seats.
(j)
For mortuaries or funeral homes: 20 units.
(k)
For industrial or warehouse uses: one space for each employee on the largest shift.
(l)
For hospitals: one for each bed.
(m)
For institutional homes: one for each four beds for persons over 18; one for every eight beds for persons under 18; plus one for each employee.
(n)
For bowling alleys: five per alley, plus the required space for any bar, restaurant or other use on the premises.
(o)
For drive-in uses: sufficient spaces to accommodate all customers. Customers shall not be served on the public right-of-way or in other than an approved parking space.
(p)
For motor vehicle salesrooms: five units, plus one space for each employee. (Note: In the case of a salesroom with a repair garage and used car lot, the number of spaces required shall be the total of requirements for each use.)
(q)
For new and used car lots: five units plus one additional unit for each 10 cars or major fraction thereof on display.
(r)
For motor vehicle garages: one unit for each 500 square feet of floor space.
(s)
For medical or dental clinics: Four units for each physician or dentist: plus one additional space for every two regular employees.
(t)
For motels and hotels: one unit for each sleeping room offered for tourist accommodations, plus one for each dwelling unit and one for every two persons employed on the premises.
(u)
For gasoline stations: one unit for each vehicle used in the conduct of the business, one unit for each gas pump, three units for each service bay and one unit for each two persons employed on a single shift.
(v)
For an automatic coin laundry or dry cleaner: one unit for every two washing or dry-cleaning machines.
(w)
For amusement or recreation facilities, such as swimming pools and skating rinks: one unit for every four patrons, computed on the basis of maximum servicing capacity at one time, plus one unit for every two persons regularly employed on the premises.
(3)
Turnaround required. Except for single-family dwellings on local streets, all parking facilities shall have suitable turnaround area so that there will normally be no need for motorists to back onto the highway.
(4)
Location as related to use. All required parking space provided pursuant to this section shall be on the same lot with the related use.
(5)
The required parking space for any number of separate uses may be combined in one lot, but the required space assigned to one use may not be assigned to another use at the same time, except that 1/2 of the parking space required for churches, theaters or assembly halls whose peak attendance will be at night or on Sunday may be assigned to a use which will normally be closed at night and on Sunday, as determined by the Zoning/Code Enforcement Officer.
C.
Permitted parking.
(1)
As a principal use, parking is permitted only where expressly stated.
(2)
As an accessory use, parking units in excess of those required may be installed for the use of occupants, patrons or visitors of a permitted use, subject to compliance with all other provisions of this chapter, but not in any residential district in excess of twice the required space.
D.
Use of front yard restricted.
(1)
In any residential district, passenger vehicles may be parked in the front yard or side yard when in an access driveway, but such area shall not be considered a parking unit, as required herein, for more than one car.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
In industrial districts. In any industrial district, any yard space not in a required greenbelt may be used for parking if effectively separated from the greenbelt by a wheel stop or bumper stop.
E.
Vehicle restrictions.
(1)
Parking of trucks of more than 12,000 pounds gross vehicle weight rating (GVWR) and not more than 20 feet in overall length is not permitted on residential lots.
(2)
Temporary school bus parking for buses used to transport students enrolled in the Wilson Central School District will be permitted on any lot in any district, provided that parking area and location requirements are met.
(3)
Parking, as permitted herein, shall be permitted as an accessory use for the type of vehicle(s) associated with the principal use.
F.
Design and installation of parking areas. Any area used for off-street parking for more than 10 vehicles shall be designed, installed and maintained in accordance with the following standards:
(1)
Plan required. A plan shall be submitted with the application for a building or use permit in accordance with § 127-32, and all installations shall be made and maintained in accordance with such plan.
(2)
Access drives to parking lots with more than 10 units.
(a)
Location and design. Every required parking unit shall have direct access to a driveway of not less than eight nor more than 24 feet in width, connecting with a public street. Such driveway shall not be located within any required greenbelt area except when crossing it to a road, nor shall it be placed closer than six feet to any residential structure nor within two feet of any side lot lines, except that a driveway built as a joint venture to serve two abutting properties may be built on a lot line.
(d)
Use for parking. Required driveways may not be used for parking so as to block access to any parking unit.
A.
Purpose. The purposes of this section, in addition to the general purposes of this chapter, are more specifically to:
(1)
Require the installation of off-street loading areas sufficient to meet the normal needs of uses regularly attracting truck traffic.
(2)
Permit a truck loading area in excess of that required where consistent with other purposes of the chapter.
(3)
Require, in connection with the installation of such off-street loading, measures necessary to protect the safety of pedestrian and vehicular traffic and to preserve the quiet enjoyment of other uses, particularly residential uses, in the immediate area and to preserve the attractiveness of the Town.
B.
Required loading spaces.
(1)
When required. Permanent off-street loading space, in accordance with the requirements hereinafter stated, shall be provided for all uses regularly involving the receipt or distribution of merchandise or material as specified hereinafter at the time of erection or enlarging any structure or, in the case of the use of land not involving a structure, at the time of occupancy or enlargement of such use.
(2)
Off-street loading units required. Off-street loading units shall be provided as follows:
(a)
Multifamily dwellings or dwellings in groups with more than 12 dwelling units: one.
(b)
For every freight terminal, hospital, industrial plant, retail establishment, warehouse or wholesale establishment: one if 3,000 to 20,000 square feet in floor area; one for each additional 25,000 square feet.
(c)
For every place of public assembly over 3,000 square feet in area: one.
(d)
For every restaurant: one.
(e)
For every funeral home: one.
(f)
For every hotel or motel: one.
(g)
For any use not mentioned, the Zoning/Code Enforcement Officer shall determine the requirements in relation to that required for similar uses.
C.
Collective provisions permitted. The collective provisions and utilization of loading space may be accomplished, provided that it is within the same block and not over 100 feet of walking distance from a delivery entrance of all uses involved and that provisions suitable to the Zoning/Code Enforcement Officer are made to ensure the continued provision of such use of all involved.
D.
Greenbelt and front yard use prohibited. The use of a required greenbelt or front yard for a loading area shall not be permitted.
A.
Permit required. No work, other than site clearance and grading, may be performed in the installation or altering of any of the following vehicle access areas, except on the written approval of plans therefor by the Zoning/Code Enforcement Officer in conjunction with the issuance of a building or use permit:
B.
Plan required. A plan for proposed improvements shall be prepared at a scale of not more than 50 feet to one inch in a manner specified by the Zoning/Code Enforcement Officer. Such plan shall show, as a minimum, the following information, both as existing and proposed for the entire area within 100 feet of the point of entry of access drives or 50 feet from any part of the proposed improvements:
(1)
Major drainage features (culverts, bridges, streams, ditches, etc.). A topographic map shall be required by the Zoning Administrator where necessary to determine drainage requirements.
(2)
Lot lines.
(3)
Street pavement, curbs, drainage inlets, utility poles and fire hydrants.
(4)
Paved areas.
(5)
Location and type of traffic barriers.
(6)
Structures.
(7)
Layout of parking units and loading units.
(8)
Landscaping.
C.
Design standards for vehicle access areas.
(1)
Driveway location standards.
(a)
Site distance. Driveways shall not be permitted where there is inadequate sight distance for safety, considering both the view from vehicles on the street and from vehicles leaving the driveway.
(b)
Distance from schools. Driveways shall not be located within 200 feet of a principal entrance of any elementary or secondary school, playground or church, when another solution is possible.
(c)
Only two driveways shall be permitted on any lot with street frontage of less than 300 feet and not more than one additional driveway for each additional 300 feet of street frontage.
(d)
A driveway shall not cross a street right-of-way line within 40 feet of the street right-of-way line of an intersecting street, within five feet of a fire hydrant or catch basin or within 50 feet of a driveway on the same lot when another solution is possible.
(e)
A driveway shall not exceed 30 feet in width within 10 feet of the street right-of-way line.
(2)
Parking and maneuvering area standards.
(a)
Areas shall be so designed as to preclude any necessity for vehicles to back across sidewalks or into any public right-of-way.
(b)
Parking areas shall not extend more than 120 feet in any direction unless interrupted by a planting area not less than 20 feet in width and protected from vehicular encroachment. The improved parking area shall be surrounded by a landscaped are not less than 10 feet in width if protected by wheel stops or five feet in width if protected by bumper stops.
(c)
Lighting. Areas may be lighted. Any lighting shall be suitably located and shielded to protect surrounding properties from glare.
(d)
No parking space, except for a one- or two-family dwelling, shall be provided within 10 feet of a building used in part or entirely for human occupancy, unless provided in a garage meeting New York State Uniform Fire Prevention and Building Construction Code standards.
(3)
Standards for improvement.
(a)
Grading and drainage. Vehicle access areas shall be suitably graded so as to drain, and provisions shall be made for the handling of storm drainage so as to prevent stormwater flow across a public sidewalk.
(b)
Paving. Vehicle access areas shall be paved and maintained with an all-weather, dust-free surfacing of sufficient strength to carry the loads imposed, except that the Zoning/Code Enforcement Officer may waive this requirement for any area more than 100 feet removed from any lot line or for areas used only seasonally or occasionally or under such other conditions as to make the paving unnecessary.
A.
Minimum floor area. No dwelling shall henceforth be constructed nor shall any existing dwelling be altered in area so as to contain less than the following areas as applicable:
(1)
For a single-family dwelling: not less than 800 square feet of floor area usable for living purposes and 300 square feet of floor area usable for storage.
(2)
For a two-family dwelling: One of the dwelling units shall meet the floor area standards for a single-family dwelling, and the other shall have not less than 600 square feet of floor area available for dwelling space and not less than 200 square feet of floor area usable for storage.
(3)
For a multifamily dwelling or dwelling group: No dwelling units shall contain less than 500 square feet of floor area usable for living purposes, and there shall be not less than an average of 200 square feet of floor area available for storage or communal activities per dwelling unit.
B.
Usable open space. No multiple-family dwelling or dwelling group shall be constructed as a separate use or as part of a building complex containing commercial or other uses, except that there shall be provided 500 square feet of usable open space on the lot for each dwelling unit.
C.
Community open space. On any lot containing more than 12 dwelling units, there shall be provided a community open space containing not less than 200 square feet of land area per dwelling unit.
D.
Cellar occupancy prohibited. It shall be unlawful to occupy all or any part of a cellar for sleeping purposes.
E.
Basement occupancy. Any basement area used for sleeping purposes shall have not less than two means of egress, at least one of which shall be a door giving access to an open area.
F.
Room size. No dwelling unit shall henceforth be constructed or move onto a lot unless it shall have at least one room having a floor area of not less than 132 square feet, a clear height of 7 1/2 feet and clear horizontal dimension of at least eight feet. No existing dwelling unit shall be altered so as to provide less than the above standard.
A.
All buildings of whatever nature shall be constructed, erected and built in a workmanlike manner of construction and shall conform in every respect to the provisions of building codes which are or may hereafter be applicable in the Town of Wilson, including the New York State Uniform Fire Prevention and Building Construction Code.
B.
"Workmanlike construction" shall mean that minimum standard of work, finished or in any partial stage of completion, which is or may be required by and is acceptable to licensed architects and professional engineers practicing within their field of endeavor who customarily supervise and/or approve construction work within the general area in and near to the Town of Wilson.
C.
No more than two accessory buildings may be constructed on any residential lot.
[Added 5-18-1992 by L.L. No. 4-1992]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Zoning/Code Enforcement Officer for the Town of Wilson, when reviewing applications for building permits, including the plans and specifications for the proposed construction, will review all building permit applications to determine if the proposed construction is consistent with the need to minimize flood damage and shoreline erosion.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Large-scale and utility-scale solar energy systems.
(1)
Introduction and purpose.
(a)
The Town of Wilson recognizes that solar energy is a clean, readily available, and renewable energy source. Development of solar energy systems offers an energy resource that can act to attract and promote green business development, and decrease cost of energy to the owners of residential properties within the Town of Wilson.
(b)
The Town of Wilson has determined that comprehensive regulations regarding the development of solar energy systems are necessary to protect the interests of the Town, its residents, and its businesses. This section is intended to promote the effective and efficient use of solar energy resources; set provisions for the placement, design, construction, and operation of such systems to uphold the public health, safety, and welfare; and to ensure that such systems will not have a significant adverse impact on the aesthetic qualities and character of the Town. This legislation is not intended to override agricultural exemptions that are currently in place.
(c)
Greater restrictions to prevail. It is not intended by this section to repeal, except as herein stated, abrogate or impair existing conditions previously made or permits previously issued relating to the use of buildings or premises or to impair or interfere with any easements, covenants or agreements existing between parties. Except as otherwise provided herein, whenever this section imposes a greater restriction upon the use of buildings or premises than is required by existing provisions of law, ordinance, regulations or permits or by such easements, covenants or agreements, the provisions of this section shall control.
(2) ALTERNATIVE ENERGY SYSTEMS BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV) SYSTEMS FLUSH-MOUNTED SOLAR PANEL FREESTANDING OR GROUND-MOUNTED SOLAR ENERGY SYSTEM NET METERING PERMIT GRANTING AUTHORITY PHOTOVOLTAIC (PV) SYSTEMS ROOFTOP- OR BUILDING-MOUNTED SOLAR ENERGY SYSTEM SETBACK SMALL-SCALE SOLAR SOLAR ACCESS SOLAR COLLECTOR SOLAR EASEMENT SOLAR ENERGY EQUIPMENT/SYSTEM SOLAR FARM or SOLAR POWER PLANT SOLAR PANEL SOLAR STORAGE BATTERY SOLAR THERMAL SYSTEMS
Definitions. As used in this section, the following terms shall have the meanings indicated, unless the context or subject matter requires otherwise.
Structures, equipment, devices or construction techniques used for the production of heat, light, a cooling, electricity or other forms of energy on site and may be attached to or separate from the principal structure.
A solar energy system that consists of integrating photovoltaic modules into the building structure, such as the roof or the facade and which does not alter the relief of the roof.
A photovoltaic panel or tile that is installed flush to the surface of the roof and which cannot be angled or raised.
A solar energy system that is directly installed in the ground and is not attached or affixed to an existing structure. Pole-mounted solar energy systems shall be considered freestanding or ground-mounted solar energy systems for purposes of this section.
A billing arrangement that allows solar customers to get credit for excess electricity that they generate and deliver back to the grid so that they only pay for their net electricity usage at the end of the month.
Unless a special use permit is required, the Building Department is charged with granting permits for the operation of solar energy systems.
A solar energy system that produces electricity by the use of semiconductor devices, called photovoltaic cells that generate electricity whenever light strikes them.
A solar power system in which solar panels are mounted on top of the structure of the roof either as a flush-mounted system or as modules fixed to frames which can be tilted toward the south at an optimal angle.
The distance from a front lot line, side lot line, or rear line of a parcel within which a freestanding or ground-mounted solar energy system is installed.
For purposes of this section, the term "small-scale solar" refers to any solar energy system that cumulatively on a lot consists of an overall footprint not more than 5,000 square feet in size.
Space open to the sun and clear of overhangs or shade, including the orientation of streets and lots to the sun so as to permit the use of active and/or passive solar energy systems on individual properties.
A solar photovoltaic cell, panel or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat.
An easement recorded pursuant to NY Real Property Law § 335-b, the purpose of which is to secure the right to receive sunlight across real property of another for continued access to sunlight necessary to operate a solar collector.
Solar collectors, controls, energy storage devices, heat pumps, heat exchangers, and other materials, hardware or equipment necessary to the process by which solar radiation is collected, converted into another form of energy, stored, protected from unnecessary dissipation and distributed. Solar systems include solar thermal, photovoltaic and concentrated solar. For the purposes of this section, a solar energy system does not include any solar energy system of four square feet in size or less.
An energy generation facility or area of land principally used to convert solar energy to electricity, whether by photovoltaics, concentrating solar thermal devices or various experimental solar technologies, with the primary purpose of wholesale or retail sales of electricity.
A device for the direct conversion of solar energy to electricity.
A device that stores energy from the sun and makes it available in an electrical form.
Solar thermal systems that directly heat water or other liquid using sunlight. The heated liquid is used for such purposes as space heating and cooling, domestic hot water and heating pool water.
(3)
Applicability.
(a)
The requirements of this section shall apply to all solar energy systems installed or modified in the Town of Wilson after the effective date of this section, excluding general maintenance and repair.
(b)
All solar energy systems shall be designed, erected, and installed in accordance with all applicable codes, regulations and industry standards as referenced in the New York State Uniform Fire Prevention and Building Code Act and the Town Code.
(4)
Permits and approvals required.
(a)
The installation of a solar collector, whether attached to the main structure or as a detached accessory structure, shall require a building permit. Solar collectors are subject to the minimum setbacks, offsets and lot area coverage for whatever use district in which they are proposed to be installed. Height limitations for solar collectors shall be five feet above the level of the permitted building height. All solar collectors and their associated support elements shall be designed according to generally accepted engineering practice to withstand wind pressures applied to exposed areas by wind from any direction, to minimize the migration of light or sound from the installation and to minimize the development of sight obstructions for adjacent structures or land parcels. Installation of building-integrated photovoltaic (BIPV) systems, as defined herein, are exempt from the requirements of this section. BIPV systems are still required to meet applicable building codes and obtain all necessary permits. The Zoning/Code Enforcement Officer may request assistance from the Planning Board to determine whether a solar energy system should be considered a BIPV system.
(b)
Other alternative natural energy conservation devices shall be considered structures and shall require a building permit. All permit applications for such devices will be reviewed and considered pursuant to the Zoning Ordinance of the Town of Wilson.
(c)
Rooftop- or building-mounted solar energy system. These systems shall be allowed based upon the following criteria:
[1]
Small-scale solar energy systems located in the RR 200, SRR 150, SRR 100, UR 40, UR 80, and WC 160 zoning districts are only permitted if they contain solar collectors (up to 5,000 square feet) located on the rooftops of principal or accessory buildings. The solar collectors must be completely contained within the limits of the building roof. All other equipment and components of the solar energy system shall be located within the rear yard, as defined by the Zoning Schedule,[1] only and are subject to setbacks for accessory structures.
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
[2]
Small-scale solar energy systems featuring rooftop-mounted solar collectors (up to 5,000 square feet) on the rooftops of principal or accessory buildings are also permitted in RHC 360, RNC 360, LI 360 and HI 360 zoning districts. Rooftop-mounted solar collectors must be completely contained within the limits of the principal or accessory building's roof.
[3]
Rooftop- and building-mounted, small-scale solar energy systems exceeding 750 square feet in size shall require site plan approval by the Town Planning Board.
(d)
Freestanding or ground-mounted solar energy system. These systems shall be allowed based upon the following criteria:
[1]
Units shall be prohibited from any side or front yard as defined by Town code.
[2]
Units shall be placed a minimum of 50 feet away from any property line. In no case shall the Zoning Board of Appeals grant a variance of this setback requirement that would result in a setback of less than 25 feet.
[3]
A ground-mounted solar unit of 50 square feet or greater shall require a site plan application to be completed and submitted to the Town.
[4]
In the RR 200, SRR 150, SRR 100, UR 40, UR 80 and WC 160 districts, ground-mounted solar units of 500 square feet or less will be allowed as an accessory structure by issuance of a building permit.
[5]
In the RR200, SRR 150, SRR 100, UR 40, UR 80 and WC 160 districts, ground-mounted solar units greater than 500 square feet but equal to or less than 1,500 square feet, will be allowed as an accessory structure by site plan approval by the Town Planning Board, on lots that are a minimum of 200 feet in lot width and a minimum of three acres in size.
[6]
In the RHC 360, RNC 360, LI 360 and HI 360 zoning districts, ground-mounted solar units less than 2,500 square feet in size are allowed as an accessory structure by site plan approval by the Town Planning Board.
(e)
Notwithstanding any other provision as outlined within this section, the Zoning/Code Enforcement Officer shall have the ability to refer a matter to the Planning Board for their review and input as he/she deems appropriate.
(5)
Applications for solar energy systems.
(a)
All applications for large-scale building-mounted and/or ground-mounted solar energy systems shall be accompanied by an application for site plan review, and all applicable fees.
(b)
All applications for utility-scale building-mounted and/or ground-mounted solar energy systems shall be accompanied by an application for special use permit pursuant to this section and Article VII of the Town of Wilson Zoning Ordinance, an application for site plan review, and all applicable fees.
(c)
All applications for large-scale or utility-scale solar energy systems shall include the following:
[1]
Plans and drawings of the solar energy system installation signed by a professional engineer registered in New York State showing the proposed layout of the entire solar energy system along with a description of all components, whether on site or off site, existing vegetation and proposed clearing and grading of all sites involved. Clearing and/or grading activities are subject to review by the Planning Board and shall not commence until the issuance of site plan approval.
[2]
Certification from a professional engineer or architect registered in New York State indicating that the building or structure to which the solar energy system is to be affixed is capable of handling the loading requirements of the solar energy system and various components.
[3]
One- or three-line electrical diagram detailing the solar energy system installation, associated components, and electrical interconnection methods, with all disconnects and over-current devices.
[4]
Documentation of access to the project site(s), including location of all access roads, gates, parking areas, etc.
[5]
A stormwater, erosion, and slope analysis of the land shall be required to be accessed by a New York State licensed professional engineer for the site and any road used to access the site. The total area of the face of all solar panels shall be calculated and considered impervious surface. The applicant shall comply with the State Pollutant Discharge Elimination System guidelines. A SWPPP (Stormwater Pollution Prevention Plan) shall be prepared, if determined to be required, and all local stormwater regulations shall be complied with.
[6]
Documentation of utility notification, including an electric service order number.
[7]
Any signage used to advertise the solar energy facility shall be limited to that required for safety and operational purposes and shall be reasonably shielded from abutting properties. Where feasible, lighting of the solar photovoltaic installation shall be directed downward and shall incorporate full cutoff fixtures to reduce light pollution.
[8]
Sunchart. Where an applicant for a solar energy system requests that the setback for solar collectors from the south property line be less than that identified in § 127-36.1A(6)(a)[11][a][i] to [iii], the Planning Board may require that the applicant submit a sunchart to demonstrate effectiveness of the proposed solar energy system. The sunchart shall also indicate the potential for obstructions to the solar skyspace of the proposed solar energy system under a scenario where an adjacent site is developed as otherwise permitted by applicable provisions of the Town of Wilson Zoning Ordinance with a building/structure built to maximum bulk and height at the minimum setback. Where no standards for height and/or setback are established, this scenario shall assume a minimum fifty-foot building height developed with a maximum setback of five feet from the property line. This section in no way places responsibility on the Town for guaranteeing the solar skyspace of a solar energy system in the event setbacks are waived at the applicant's request.
[9]
A weather-resistant sign not to exceed six square feet shall be displayed on or near the main access point and shall list the facility name, property owner's name, mailing address and telephone number.
[10]
A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers or substations not to exceed four square feet.
[11]
Construction schedule: proposed start date/completion connection to power grid and date when commencement.
[12]
Decommissioning plan.
(d)
All fees shall be approved by the Town Board by resolution. Nothing in this section shall be read as limiting the ability of the Town to enter into host community agreements with any applicant to compensate the Town for expenses or impacts on the community. The Town shall require any applicant to enter into an escrow agreement to pay the engineering and legal costs of any application review, including the review required under SEQRA if an EIS is required.
(6)
General provisions.
(a)
All applications for large-scale or utility-scale solar energy systems shall be in accordance with the following:
[1]
All solar energy systems shall adhere to all applicable Town of Wilson building, plumbing, electrical, and fire codes.
[2]
Development and operation of a 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 Wilson or other federal or state regulatory agencies.
[3]
The design, construction, operation, and maintenance of any solar energy system shall prevent the misdirection and/or reflection of solar rays onto neighboring properties, public roads, and public parks in excess of that which already exists.
[4]
All structures and devices used to support solar collectors shall be nonreflective and/or painted a subtle or earth-tone color.
[5]
All transmission lines and wiring associated with a solar energy system shall be buried and include necessary encasements in accordance with the National Electric Code and Town requirements. The Planning Board may recommend waiving this requirement if sufficient engineering data is submitted by the applicant to demonstrate that underground transmission lines are not feasible or practical. The applicant is required to show the locations of all proposed overhead and underground electric utility lines, including substations and junction boxes and other electrical components for the project on the site plan.
[6]
All transmission lines and electrical wiring shall be in compliance with the utility company's requirements for interconnection.
[7]
When solar storage batteries are included as part of the solar collector system, they must be placed in a secure container or enclosure, meeting the requirements of the New York State Uniform Fire Prevention and Building Code when in use and when no longer used, shall be disposed of in accordance with the laws and regulations of the Town of Wilson and all other applicable laws and regulations.
[8]
Artificial lighting of solar energy systems shall be limited to lighting required for safety and operational purposes and shall be shielded from all neighboring properties and public roads.
[9]
Any signage used to advertise the solar energy facility shall be in accordance with the Town's signage regulations.
[10]
Lot requirements. The overall footprint for any large-scale or utility-scale ground-mounted solar energy system shall be permitted to occupy up to 100% of the overall buildable area of the site, as required by the Town, and shall not be counted towards the site's maximum lot coverage as required by the Town. Overall footprint shall be determined by the outline created on the ground by wholly enclosing all components/structures of a solar energy system on a lot.
[11]
Bulk and siting requirements. Applies to large-scale or utility-scale solar energy systems located in the RHC 360, RNC 360, LI 360 and HI 360 zoning districts.
[a]
Rooftop-mounted solar energy systems.
[i]
The maximum height of any rooftop-mounted solar energy system shall be eight feet, as measured from the finished surface of the roof to which the system is affixed.
[ii]
Where rooftop-mounted solar energy systems are affixed to a pitched or peaked roof, the solar energy system should generally follow the slope of the roof.
[iii]
A rooftop-mounted solar energy system shall not extend horizontally beyond the plane of the roof surface.
[iv]
Where practical and when obstruction of solar skyspace can be avoided, a rooftop-mounted solar energy system shall be screened from view from the public right-of-way by use of a building parapet or other measure.
[b]
Building-mounted solar energy systems.
[i]
The maximum height of a building-mounted solar energy system shall be 15 feet as measured from the lowest point where the system is affixed to the vertical side of a building.
[ii]
A building-mounted solar energy system shall not extend horizontally more than eight feet from the vertical surface of a building.
[iii]
Building-mounted solar energy systems should be integrated into the design of the building and shall not obstruct any window, door, or other architectural feature of the building.
[12]
Setbacks.
[a]
Large-scale or utility-scale ground-mounted solar energy systems.
[i]
The setback from the south property line for all solar collectors constructed as part of a large-scale or utility-scale ground-mounted solar energy system shall be 135 feet.
[ii]
In no case shall the setback from the south property line be less than that determined by the setback for accessory structures identified for the zoning district in which the system is located.
[b]
Utility-scale ground-mounted solar energy systems.
[i]
All solar energy equipment and components/structures developed as part of a utility-scale ground-mounted solar energy system shall be set back from any property zoned RR 200, SRR 150, SRR 100, UR 40, UR 80 and WC 160, a public road, or any public park a minimum of 60 feet.
[ii]
All other setbacks for all solar energy equipment and components/structures developed as part of a utility-scale ground-mounted solar energy system, whether developed as a principal use or accessory use, shall be as determined by the setback for principal structures identified for the zoning district in which the system is located.
[c]
All other setbacks for all solar energy system equipment and components/structures developed as part of a large-scale or utility-scale rooftop-mounted, building-mounted and/or ground-mounted solar energy system not identified above shall be as determined by the setback for accessory structures identified for the zoning district in which the system is located.
[13]
Due to the need to keep the solar skyspace for solar energy systems free from obstructions, the Planning Board may recommend modifying the landscaping requirements for any site proposed to contain solar collectors and shall ensure that any landscaping proposed is low-growth vegetation that will not obstruct the solar skyspace at mature height.
[14]
Following construction of a large-scale or utility-scale ground-mounted solar energy system, all disturbed areas where soil has been exposed shall be reseeded with grass and/or planted with low-level vegetation capable of preventing soil erosion and airborne dust. Failure to comply with these provisions shall result in an enforcement action in accordance with § 102-4 of the Town Code.
[15]
Solar energy systems and equipment shall be marked in order to provide emergency responders with appropriate warning and guidance with respect to isolating the solar electric system. Materials used for marking shall be weather resistant.
[a]
For residential applications, the marking may be placed within the main service disconnect. If the main service disconnect is operable with the service panel closed, then the marking should be placed on the outside cover.
[b]
For the nonresidential application, the marking shall be placed adjacent to the main service disconnect in a location clearly visible from the location where the lever is operated.
[c]
In the event any of the standards in this section for markings are more stringent than applicable provisions of applicable residential, building, fire, and electric codes, they shall be deemed to be guidelines only and the standards of the applicable residential, building, fire and electric codes shall apply.
(b)
Applications for utility-scale solar energy systems shall meet the following additional criteria:
[1]
Photo simulations shall be included showing the proposed solar energy system in relation to the building/site along with elevation views and dimensions, and manufacturer's specs and photos of the proposed solar energy system, solar collectors, and all other components.
[2]
Any site containing a utility-scale solar energy system shall contain fencing or other enclosure acceptable to the Town enclosing all solar energy system components that present safety hazards.
[3]
A berm, landscape screen, or other opaque enclosure, or any combination thereof acceptable to the Town capable of screening the site, shall be provided along any property line that abuts an existing residence or any property zoned other than the RHC 360, RNC 360, LI 360 and HI 360 zoning districts.
[4]
After completion of a utility-scale solar energy system, the applicant shall provide a post-construction certification from a professional engineer registered in New York State that the project complies with applicable codes and industry practices and has been constructed and is operating according to the design plans.
(7)
Design standards.
(a)
Removal of trees and other existing vegetation should be minimized or offset with planting elsewhere on the property.
(b)
Removal of any prime agricultural soil from the subject parcel is prohibited.
(c)
Proposed major solar systems shall not be placed on lands containing prime farmland soils.
(d)
Roadways within the site shall not be constructed of impervious materials and shall be designed to minimize the extent of roadways constructed and soil compaction.
(e)
All on-site utility and transmission lines shall, to the extent feasible, be placed under ground.
(f)
Solar collectors and other facilities shall be designed and located in order to minimize reflective glare and/or glint toward any inhabited buildings or adjacent properties or roads.
(g)
All mechanical equipment, including any structure for batteries or storage cells, shall be enclosed by a minimum six-foot-high fence with a self-locking gate and provided with landscaping screening.
(h)
Major systems or solar farms shall not obstruct solar access to adjacent properties.
(8)
Abandonment or decommissioning.
(a)
Unsafe, inoperable, and/or abandoned solar energy systems and solar energy systems for which a special use permit has expired shall be removed by the owner. A solar energy system shall be deemed abandoned when it fails to produce energy for at least one year. All safety hazards created by the installation and operation of the solar energy system shall be eliminated and the site restored to its preexisting condition within six months of the removal of the solar energy system.
(b)
For all utility-scale solar energy systems, the applicant shall submit a decommissioning plan for review and approval as part of the special use permit application. The plan must specify that after the solar energy system is no longer in use (as determined by the owner/operator or the Zoning/Code Enforcement Officer), it shall be removed by the applicant or any subsequent owner. The decommissioning plan shall identify the anticipated life of the project, and shall demonstrate how the removal of all infrastructure and restoration 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 for decommissioning prepared by a professional engineer or qualified contractor. Cost estimates shall take inflation into consideration and be revised every five years during operation of the system and include any salvage value. Removal of the large-scale solar energy system must be completed in accordance with the approved decommissioning plan and the standards provided as follows:
[1]
All structures and foundations associated with the large-scale solar energy systems shall be removed;
[2]
All disturbed ground surfaces shall be restored to original conditions, including top soil and seeding as necessary; and
[3]
All electrical systems shall be properly disconnected and all cables and buried wiring shall be removed.
(c)
A bond or other approved security shall be provided to cover the cost of removal and restoration of the area impacted by the solar system. Security shall be in an amount equal to 125% of the construction estimate as presented in the approved decommissioning plan. The bond shall be renewed every five years or, as necessary, to reflect adjustments in the projected costs of decommissioning.
(d)
In the event that the property owner fails to remove the aforesaid nonfunctioning system within the time prescribed herein, the Town may enter upon the land where such system has been installed and remove same. All expenses incurred by the Town in connection with the removal of the nonfunctioning system shall be assessed against the land on which the freestanding or ground-mounted solar collector(s) is located and shall be levied and collected in the same manner as provided in Article 15 of the New York Town Law for the levy and collection of a special ad valorem levy.
(9)
Transfer of special use permit.
(a)
Any change of ownership or operation shall require appearance before the Town to ensure a shared understanding of conditions imposed by the special use permit, including, but not limited to, the necessity of an effective bond.
(b)
Any post-construction changes or alterations to the solar energy system shall be done by amendment to the special use permit only and subject to the requirements of this section.
(10)
Maintenance, procedure and fees.
(a)
Time limit on completion. After the granting of a special permit of a utility scale solar energy system with concurrent site plan approval or site plan renewal of a freestanding or ground-mounted solar energy system by the Zoning Board of Appeals, the building permit shall be obtained within six months and the project shall be completed within 12 months. A six-month extension to obtain a building permit or the completion time can be issued by the Zoning Board of Appeals upon application by the applicant. If not constructed, the special permit and/or site plan approval shall automatically lapse within 12 months after the date of approval by the Town of Wilson Zoning Board of Appeals (unless an extension is granted).
(b)
Inspection. Upon reasonable notice, the Town of Wilson Zoning/Code Enforcement Officer or his/her designee may enter a lot on which a solar energy system has been approved for the purpose of compliance with any requirements or conditions. Twenty-four hours advance notice by telephone to the owner/operator or designated contact person shall be deemed reasonable notice. Furthermore, a utility-scale solar system may be inspected annually by a New York State licensed professional engineer who has been approved by the Town at any time, upon determination by the Town's Zoning/Code Enforcement Officer that damage may have occurred, and a copy of the inspection report shall be submitted to the Town Zoning/Code Enforcement Officer. Any fee or expense associated with this inspection shall be borne entirely by the permit holder.
(c)
General complaint process. During construction, the Town Building Inspector can issue a stop order at any time for any violations of a special permit or building permit. After construction is complete, the permit holder of a utility-scale solar energy system shall establish a contact person, including name and phone number, for receipt of any complaint concerning any permit requirements.
B.
Small-scale solar energy systems.
(1)
Introduction and purpose.
(a)
The Town of Wilson recognizes that solar energy is a clean, readily available, and renewable energy source. Development of solar energy systems offers an energy resource that can act to attract and promote green business development, and decrease cost of energy to the owners of residential properties within the Town of Wilson.
(b)
The Town of Wilson has determined that comprehensive regulations regarding the development of solar energy systems are necessary to protect the interests of the Town, its residents, and its businesses. This section is intended to promote the effective and efficient use of solar energy resources; set provisions for the placement, design, construction, and operation of such systems to uphold the public health, safety, and welfare; and to ensure that such systems will not have a significant adverse impact on the aesthetic qualities and character of the Town. This legislation is not intended to override agricultural exemptions that are currently in place.
(c)
Greater restrictions to prevail. It is not intended by this section to repeal, except as herein stated, abrogate or impair existing conditions previously made or permits previously issued relating to the use of buildings or premises or to impair or interfere with any easements, covenants or agreements existing between parties. Except as otherwise provided herein, whenever this section imposes a greater restriction upon the use of buildings or premises than is required by existing provisions of law, ordinance, regulations or permits or by such easements, covenants or agreements, the provisions of this section shall control.
(2) ALTERNATIVE ENERGY SYSTEMS BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV) SYSTEMS FLUSH-MOUNTED SOLAR PANEL FREESTANDING OR GROUND-MOUNTED SOLAR ENERGY SYSTEM NET METERING PERMIT GRANTING AUTHORITY PHOTOVOLTAIC (PV) SYSTEMS ROOFTOP- OR BUILDING-MOUNTED SOLAR ENERGY SYSTEM SETBACK SMALL-SCALE SOLAR SOLAR ACCESS SOLAR COLLECTOR SOLAR EASEMENT SOLAR ENERGY EQUIPMENT/SYSTEM SOLAR FARM or SOLAR POWER PLANT SOLAR PANEL SOLAR STORAGE BATTERY SOLAR THERMAL SYSTEMS
Definitions. As used in this section, the following terms shall have the meanings indicated, unless the context or subject matter requires otherwise.
Structures, equipment, devices or construction techniques used for the production of heat, light, a cooling, electricity or other forms of energy on site and may be attached to or separate from the principal structure.
A solar energy system that consists of integrating photovoltaic modules into the building structure, such as the roof or the facade and which does not alter the relief of the roof.
A photovoltaic panel or tile that is installed flush to the surface of the roof and which cannot be angled or raised.
A solar energy system that is directly installed in the ground and is not attached or affixed to an existing structure. Pole-mounted solar energy systems shall be considered freestanding or ground-mounted solar energy systems for purposes of this section.
A billing arrangement that allows solar customers to get credit for excess electricity that they generate and deliver back to the grid so that they only pay for their net electricity usage at the end of the month.
Unless a special use permit is required, the Building Department is charged with granting permits for the operation of solar energy systems.
A solar energy system that produces electricity by the use of semiconductor devices, called photovoltaic cells that generate electricity whenever light strikes them.
A solar power system in which solar panels are mounted on top of the structure of the roof either as a flush-mounted system or as modules fixed to frames which can be tilted toward the south at an optimal angle.
The distance from a front lot line, side lot line, or rear line of a parcel within which a freestanding or ground-mounted solar energy system is installed.
For purposes of this section, the term "small-scale solar" refers to any solar energy system that cumulatively on a lot consists of an overall footprint not more than 5,000 square feet in size.
Space open to the sun and clear of overhangs or shade, including the orientation of streets and lots to the sun so as to permit the use of active and/or passive solar energy systems on individual properties.
A solar photovoltaic cell, panel or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat.
An easement recorded pursuant to NY Real Property Law § 335-b, the purpose of which is to secure the right to receive sunlight across real property of another for continued access to sunlight necessary to operate a solar collector.
Solar collectors, controls, energy storage devices, heat pumps, heat exchangers, and other materials, hardware or equipment necessary to the process by which solar radiation is collected, converted into another form of energy, stored, protected from unnecessary dissipation and distributed. Solar systems include solar thermal, photovoltaic and concentrated solar. For the purposes of this section, a solar energy system does not include any solar energy system of four square feet in size or less.
An energy generation facility or area of land principally used to convert solar energy to electricity, whether by photovoltaics, concentrating solar thermal devices or various experimental solar technologies, with the primary purpose of wholesale or retail sales of electricity.
A device for the direct conversion of solar energy to electricity.
A device that stores energy from the sun and makes it available in an electrical form.
Solar thermal systems that directly heat water or other liquid using sunlight. The heated liquid is used for such purposes as space heating and cooling, domestic hot water and heating pool water.
(3)
Applicability.
(a)
The requirements of this section shall apply to all solar energy systems installed or modified in the Town of Wilson after the effective date of this section, excluding general maintenance and repair.
(b)
All solar energy systems shall be designed, erected, and installed in accordance with all applicable codes, regulations and industry standards as referenced in the New York State Uniform Fire Prevention and Building Code Act and the Town Code.
(4)
Permits and approvals required.
(a)
The installation of a solar collector, whether attached to the main structure or as a detached accessory structure, shall require a building permit. Solar collectors are subject to the minimum setbacks, offsets and lot area coverage for whatever use district in which they are proposed to be installed. Height limitations for solar collectors shall be five feet above the level of the permitted building height. All solar collectors and their associated support elements shall be designed according to generally accepted engineering practice to withstand wind pressures applied to exposed areas by wind from any direction, to minimize the migration of light or sound from the installation and to minimize the development of sight obstructions for adjacent structures or land parcels. Installation of building-integrated photovoltaic (BIPV) systems, as defined herein, are exempt from the requirements of this section. BIPV systems are still required to meet applicable building codes and obtain all necessary permits. The Zoning/Code Enforcement Officer may request assistance from the Planning Board to determine whether a solar energy system should be considered a BIPV system.
(b)
Other alternative natural energy conservation devices shall be considered structures and shall require a building permit. All permit applications for such devices will be reviewed and considered pursuant to the Zoning Ordinance of the Town of Wilson.
(c)
Rooftop- or building-mounted solar energy system. These systems shall be allowed based upon the following criteria:
[1]
Small-scale solar energy systems located in the RR 200, SRR 150, SRR 100, UR 40, UR 80, and WC 160 zoning districts are only permitted if they contain solar collectors (up to 5,000 square feet) located on the rooftops of principal or accessory buildings. The solar collectors must be completely contained within the limits of the building roof. All other equipment and components of the solar energy system shall be located within the rear yard, as defined by the Zoning Schedule,[2] only and are subject to setbacks for accessory structures.
[2]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
[2]
Small-scale solar energy systems featuring rooftop-mounted solar collectors (up to 5,000 square feet) on the rooftops of principal or accessory buildings are also permitted in RHC 360, RNC 360, LI 360 and HI 360 zoning districts. Rooftop-mounted solar collectors must be completely contained within the limits of the principal or accessory building's roof.
[3]
Rooftop- and building-mounted, small-scale solar energy systems exceeding 750 square feet in size shall require site plan approval by the Town Planning Board.
(d)
Freestanding or ground-mounted solar energy system. These systems shall be allowed based upon the following criteria:
[1]
Units shall be prohibited from any side or front yard as defined by Town code.
[2]
Units shall be placed a minimum of 50 feet away from any property line. In no case shall the Zoning Board of Appeals grant a variance of this setback requirement that would result in a setback of less than 25 feet.
[3]
A ground-mounted solar unit of 50 square feet or greater shall require a site plan application to be completed and submitted to the Town.
[4]
In the RR 200, SRR 150, SRR 100, UR 40, UR 80 and WC 160 districts, ground-mounted solar units of 750 square feet or less will be allowed as an accessory structure by issuance of a building permit.
[5]
In the RR200, SRR 150, SRR 100, UR 40, UR 80 and WC 160 districts, ground-mounted solar units greater than 750 square feet but equal to or less than 1,500 square feet, will be allowed as an accessory structure by site plan approval by the Town Planning Board, on lots that are a minimum of 200 feet in lot width and a minimum of three acres in size.
[6]
In the RHC 360, RNC 360, LI 360 and HI 360 zoning districts, ground-mounted solar units less than 2,500 square feet in size are allowed as an accessory structure by site plan approval by the Town Planning Board.
(e)
Notwithstanding any other provision as outlined within this section, the Zoning/Code Enforcement Officer shall have the ability to refer a matter to the Planning Board for their review and input as he/she deems appropriate.
(5)
More restrictive provisions to prevail.
(a)
Whenever the regulations made by this section require a greater width or size of yards or courts or require a lower height of building or fewer number of stories or require a greater percentage of lot to be left unoccupied or impose other higher standards than required in any other ordinance or regulation, the provisions of the regulations made by this section shall govern.
(b)
Whenever the provisions of any other ordinance or regulation require a greater width or size of yards or courts or require a lower height of building or fewer number of stories or require a greater percentage of the lot to be left unoccupied or impose other higher standards than are required by regulations made by this section, the provisions of such other ordinance or regulation shall govern.
(6)
General provisions.
(a)
Allowing or permitting the reflective glare of solar rays of any solar energy system or array of solar panels, of any nature or kind or description, onto neighboring properties, public roads, or public parks, under any circumstances whatsoever, is strictly prohibited.
[1]
It is the responsibility of any landowner, resident, manager, tenant, or lessee of any premises upon which there is situate a solar energy system or array of solar panels of any nature, kind, or description to keep reflective glare of any description from going onto neighboring properties, public roads or public park at any time. In that regard it is the ongoing responsibility of such persons to conduct regular inspections of such systems or array to prevent the direction of reflective glare onto the property of another and, if necessary, to make appropriate adjustments to prevent the same from occurring.
[2]
In the event such persons become aware of, or with the exercise of reasonable care would have become aware of, or has received a complaint, that reflective glare from his solar energy system or array of solar panels is upon the property of another, such person shall undertake action to immediately block the reflective glare. This may be accomplished by adjusting the angles of the system or array, if possible, or by physically blocking the glare by covering the panels or by removing them.
[3]
Upon the failure, refusal or neglect of such person to immediately block the reflective glare as directed by Subsection A(2) above, Town of Wilson workforces, at the direction of the Town Zoning/Code Enforcement Officer and/or Zoning/Code Enforcement Officer, shall cover such system or array of panels, if possible, to block the reflective glare. If not, the system or panels shall be physically deconstructed or removed to the point the reflective glare is blocked.
[4]
In the event the system or panels are removed or deconstructed as set forth in Subsection A(3) above, the owner or person responsible for the system or array shall not replace or reconstruct the system or panels until he applies to and received from the Planning Board of the Town of Wilson a permit after submitting to the Zoning/Code Enforcement Officer a plan of operation that will ensure no further incidents of reflective glare onto neighboring properties, public road, or public park will occur.
[5]
Further, or additional complaints of such incidents shall be grounds to revoke any permit received from the Town of Wilson for the system or array and the system or array shall be fully dismantled and removed from the premises.
(b)
Solar energy systems shall be marked in order to provide emergency responders with appropriate warning and guidance with respect to isolating the solar electric system.
[1]
The marking may be placed within the main service disconnect. If the main service disconnect is operable with the service panel closed, then the marking should be placed on the outside cover.
[2]
For the nonresidential application, the marking shall be placed adjacent to the main service disconnect in a location clearly visible from the location where the lever is operated.
[3]
In the event any of the standards in this section for markings are more stringent than applicable provisions of applicable residential, building, fire, and electric codes, they shall be deemed to be guidelines only and the standards of the applicable residential, building, fire and electric codes shall apply.
[4]
In addition to a main service disconnect all solar energy systems shall have the ability to be powered down with stored AC power drained in the event of an emergency.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Noncommercial Wind Energy Conversion Systems.
(1) APPLICANT ASSOCIATED FACILITIES COMMERCIAL WIND ENERGY CONVERSION SYSTEM (CWECS) CONSTRUCTION DRAFT SITE PERMIT FAA FACILITY OWNER GROUNDING CONDUCTOR LOCAL PROVENANCE METEOROLOGICAL EVALUATION TOWER NATIVE VEGETATION NONCOMMERCIAL WIND ENERGY CONVERSION SYSTEM (NWECS) OBJECTIONABLE FLOW OF CURRENT OCCUPIED BUILDING OPERATOR PERSON PLANNING BOARD POWER PURCHASE AGREEMENT SHADOW FLICKER SITE PERMIT TOTAL HEIGHT TOWN WIND ENERGY CONVERSION SYSTEM WIND TURBINE ZONING BOARD
Definitions. As used in this section, the following terms have the meanings indicated:
A person or entity filing an application under this section.
Facilities, equipment, machinery, and other devices necessary to the operation and maintenance of a commercial wind energy conversion system, including access roads, collector and feeder lines, maintenance buildings and substations.
A facility consisting of one or more wind energy conversion systems with a rated capacity of more than 50 kW; or that is the primary use on the sited parcel. A facility shall be considered commercial if it supplies electrical power primarily for off-site use, or if net revenue is produced by such electrical power.
To begin or cause to begin as part of a continuous program the placement, assembly, or installation of facilities or equipment or conduct significant site preparation work for installation of facilities or equipment. Entering into binding power purchase contracts or obtaining wind easements from property owners or gathering wind data is not construction.
A document prepared by the chair that indicates a preliminary decision to issue a site permit with particular terms and conditions.
The Federal Aviation Administration.
The entity or entities having equity interest in the wind energy conversion system, including their respective successors and assigns.
A conductor that connects the electrical distribution system of an electric provider to a grounding electrode or electrodes.
Plants which grow in the wild within 10 miles to where they are going to be planted.
A facility consisting of a tower and related wind-measuring devices, including data gathering and storage. Meteorological evaluation towers (MET) are typically used to measure winds preliminary to construction of a wind energy conversion system.
Plants of local provenance, where there is little to no possibility that the plants were planted or introduced and originated from somewhere else.
A facility to convert wind movement into electricity, with a rated capacity of not more than 50 kW; and that is incidental and subordinate to another use on the same parcel. A facility shall be considered noncommercial only if it supplies electrical power solely for on-site use, except that when a parcel on which a noncommercial WECS is installed also receives electrical power supplied by a utility company, excess electrical power generated by the WECS and not presently needed for on-site use may be used by the utility company in exchange for a reduction in the cost of electrical power supplied by that company to the parcel for on-site use, as long as no net revenue is produced by such electrical power.
A steady state of load electrical current for five seconds or more on a grounding conductor or any other conductor that normally does not carry electric current, except for any temporary flow of electrical fault current that is caused by a phase-to-ground fault condition and that results from the performance of a grounding conductor's protective functions regarding faults or lightning.
A residence, school, business, hospital, church, public library or other building used for public gathering that is occupied or in use when the permit application is submitted.
The entity responsible for the day-to-day operation and maintenance of the wind energy conversion system.
An individual, partnership, joint venture, private or public corporation, association, firm, public service company, cooperative, political subdivision, municipal corporation, government agency, public utility district, or any other entity, public or private, however organized.
The Town of Wilson Planning Board.
A legally enforceable agreement between two or more persons where one or more of the signatories agrees to provide electrical power and one or more of the signatories agrees to purchase the power.
This results from the position of the sun in relation to the blades of the wind turbine as they rotate. This occurs under certain combinations of geographical position and time of day. The seasonal duration of this effect can be calculated from the geometry of the machine and the latitude of the potential site.
A document issued by the board authorizing a person or persons to construct a commercial wind energy system under the terms and conditions specified in the document.
The vertical distance from ground level to the tip of a wind turbine blade when the tip is at its highest point.
The Town of Wilson, New York.
A facility consisting of a tower, wind turbine generator with blades, guy wires or other support structures and anchors, access roads, and associated control and conversion equipment to convert wind movement into electricity.
A single facility consisting of a tower, wind turbine generator with blades, guy wires or other support structures and anchors. Wind energy conversion systems (WECSs) may consist of one or more wind turbines.
The Town of Wilson Zoning Board of Appeals.
(2)
Eligibility.
(a)
The placement, construction, and major modification of all noncommercial wind energy systems within the boundaries of the Town of Wilson shall be permitted in any residential zone only by special use permit granted by the Zoning Board of Appeals and site plan approval granted by the Planning Board, and in accordance with this section. The process of obtaining a special use permit shall be as follows:
[1]
Submittal of a special use permit application and supplemental materials to the Town.
[2]
Review of the special use permit application and site plan by the Planning Board and subsequent New York State Environmental Quality Review (SEQR) review with the Town of Wilson Planning Board.
[3]
Recommendation from the Planning Board to the Zoning Board of Appeals on the special use permit application and site plan approval.
[4]
Review of the special use permit application and subsequent action taken by the Zoning Board of Appeals.
[5]
If a special use permit is granted by the Zoning Board of Appeals following issuance of a special use permit and subsequent site plan approval, a building permit must be obtained from the Zoning/Code Enforcement Officer for each wind energy facility to be constructed.
(b)
In addition to a special use permit, the placement, construction, and major modification of all noncommercial wind energy systems within the boundaries of the Town of Wilson shall be subject to height and setback requirements contained in § 127-36.2A(3).
(3)
Height, setback and other requirements. Special use permits issued for a noncommercial wind energy conversion system shall be subject to the following height and setback conditions:
(a)
Height requirement (maximum overall height): The total height of any noncommercial wind energy system tower shall not exceed 150 feet. The total height shall be measured from the ground elevation to the top of the tip of the blade in the most upright vertical position.
(b)
Setback requirements. The applicant shall adhere to the following setbacks:
[1]
From property lines: noncommercial wind energy systems shall be setback a minimum 1.5 times their total height from any property line.
[2]
From structures on property: noncommercial wind energy systems shall be setback a minimum 1.5 times their total height from any other building or structure on the parcel upon which the energy system is located.
[3]
From public roads and highways: noncommercial wind energy systems shall be setback a minimum 1.5 times their total height from any public road or highway.
[4]
From neighboring structures: noncommercial wind energy systems shall be setback a minimum of 2.5 times their total height from any structure located on a neighboring parcel.
[5]
From aboveground transmission lines: noncommercial wind energy systems shall be setback a minimum 1.5 times their total height from any aboveground transmission line.
(c)
Placement of noncommercial wind energy systems shall be located in the rear yard, unless otherwise directed by the Planning Board.
(d)
Only one noncommercial wind energy system per legal lot shall be allowed.
(4)
Site plan requirement and contents.
(a)
Procedure. Upon submission of application for special use permit with the Town, the applicant shall also submit 20 copies of a site plan application.
(b)
Site plan application requirements. The application shall include, at a minimum, the following items:
[1]
Applicant and landowner's name and contact information, including day and evening phone numbers.
[2]
Evidence that the applicant is the owner of the property involved or has the written permission of the owner to make such application.
[3]
A site plan drawn in sufficient detail to show the following:
[a]
Locations and dimensions of all noncommercial wind energy system components proposed on the site, including tower height, total height measured to the top of the tip of the blade in the vertical position, nacelle, length of blades, diameter of blade rotation, ground clearance, base and footing, electrical wires, substations, junction boxes, maintenance buildings, including oil storage and other necessary components.
[b]
Location of the tower(s) on the site and all dimensions, including blades, rotor diameter and ground clearance. Unless otherwise specified, all dimensions will be provided in standard US measurements.
[c]
Utility lines, both above and below ground, within a radius equal to 1.5 times the proposed total height of the turbine (1.5 times total height).
[d]
Rights-of-way, including rail, snowmobile, and public access trails, within a radius equal to 1.5 times the proposed total height of the turbine (1.5 times total height).
[e]
Property lot lines and location and dimensions of all existing structures and uses on the site within 1.5 times the total height of the turbine (1.5 times total height).
[f]
Federal, state, County or local parks, recognized historic or heritage sites, state-identified wetlands and New York Audubon's GIS database bird areas within 1.6 times the total height of the turbine (1.6 times total height).
[g]
Manufacturer's information, including dimensional drawings, installation and operation instructions, photographs or detailed drawings of each noncommercial wind energy system to be used, including tower and foundation.
[4]
Proof of the following certifications:
[a]
Certification by a registered professional engineer that the tower design is sufficient to withstand wind-load requirements for structures as established by the New York State Uniform Fire Prevention and Building Code.
[b]
Certification by a registered professional engineer that the tower design is sufficient to withstand seismic requirements for structures as established by the New York State Uniform Fire Prevention and Building Code.
[c]
Certification by an electrical engineer or qualified electrical technician or utility that the electrical system, including all lighting, meets prescribed limits for harmonic distortion outlined by the Institute of Electrical and Electronics Engineers (IEEE) in the 1992 IEEE Standard 519.
(5)
Additional requirements. The Planning Board and Zoning Board reserve the right to require any further information it finds necessary to review the application, including, but not limited to, a geotechnical report, noise report, decommissioning plan, shadow flicker study, surrounding land use study, a bird migration study, and a periodic inspection plan with checklist.
B.
Commercial/Industrial Wind Energy Conversion Systems.
(1)
Authority. The Town Board of the Town of Wilson enacts this section under the authority granted by:
(a)
Article IX of the New York State Constitution, § 2(c)(6) and (10).
(b)
New York Statute of Local Governments § 10, Subdivisions 1, 6 and 7.
(c)
New York Municipal Home Rule Law § 10, Subdivision 1(i) and (ii), and § 10, Subdivision 1(ii)a(6), (11), (12) and (14).
(d)
The supersession authority of New York Municipal Home Rule Law § 10, Subdivision 1(ii)d(3), specifically as it relates to determining which body shall have power to grant variances under this section, and what variances may be granted to the extent such grant of power is different than under Town Law § 267 and § 274-b, and as it relates to the power of the Town Board to regulate land use within the Town to the extent the provisions of this section differ from the authority granted to the Town by Article 16 of the Town Law.
(e)
New York Town Law, Article 16 (Zoning).
(f)
New York Town Law § 130, Subdivision 1 (Building code), Subdivision 3 (Electrical code), Subdivision 5 (Fire prevention), Subdivision 7 (Use of streets, highways, sidewalks and public places), Subdivision 7-a (Location and construction of driveways), Subdivision 11 (Peace, good order and safety), Subdivision 15 (Promotion of public welfare), Subdivision 15-a (Excavated lands), Subdivision 16 (Unsafe buildings and collapsed structures), Subdivision 19 (Trespass), and Subdivision 25 (Building lines).
(g)
New York Town Law § 64, Subdivision 17-a (Historic places [protection of aesthetic interests]), and Subdivision 23 (General powers).
(h)
New York Real Property Tax Law § 487.
(i)
Police powers of the Town of Wilson; and the laws of the State of New York.
(2)
Findings. The Town Board of the Town of Wilson makes the following findings:
(a)
Shortsighted planning has often resulted in creation of problem industries which adversely affect public health and quality of life; examples are found in Wilson, as well as many other areas of New York State, where abandoned buildings and brownfields exist, health has been adversely affected, pollution has been proliferated, quality of life has been diminished, aesthetics have been compromised and community character has been degraded. Commercial wind energy facilities are not exempt from these problems, and careful siting and protections are of paramount importance. Local communities have, through zoning, site plan approval, regulation and careful planning, been primary protectors of their citizenry. This section will contribute to this effort. The existence of Article 10 of the Public Service Law does not negate this responsibility, and in fact recognizes it. Further, Article 10 remains untested by judicial review addressing several potential legal issues. This section is not unduly burdensome to the mandates or the process set forth in Article 10 but is rather compatible with them.
(b)
The findings set forth in this section are cumulative and interactive and shall be liberally interpreted in conjunction, one with another.
(c)
Commercial/industrial wind energy facilities have increased significantly in number and can potentially be sited without sufficient regard to their impact on the health, welfare and safety of residents, especially in small rural communities.
(d)
Commercial/industrial wind energy facilities should benefit the residents of the local areas where they are sited.
(e)
Commercial/industrial wind energy facilities are, by their very nature, not aesthetically pleasing due to their height and disruption of views and skylines, especially in rural, flat-landed communities without many high structures.
(f)
The Town of Wilson is a rural community devoid of large hills and consists of mostly flat terrain.
(g)
The Town of Wilson is an agricultural community supporting varied agricultural uses and is in the heart of Western New York's fruit growing region.
(h)
The Town of Wilson has very few tall structures.
(i)
The Town of Wilson is bordered on the north by Lake Ontario and on the east, south and west by towns which share Wilson's agricultural and rural residential character and are similarly low, flat areas.
(j)
The only other municipality in the Town of Wilson is the Village of Wilson, which is a small village bedroom community, and which is also part of the rural, residential community devoid of high structures.
(k)
Commercial/industrial wind energy facilities represent potential for extreme adverse aesthetic impacts due to their height as well as other effects.
(l)
The Town of Wilson is located on a major migration route for many species of birds and is a habitat for many species, both year-round and seasonal.
(m)
The bat population in the Town of Wilson is important and in distress.
(n)
Commercial/industrial wind energy facilities are known to pose danger to birds and bats and have been demonstrated to kill numerous members of both species annually.
(o)
Commercial/industrial wind energy facilities can cause danger to humans and animals, including livestock, resulting from ice throw.
(p)
If not properly regulated, installation of commercial/industrial wind energy facilities can create drainage problems through erosion and lack of sediment control for facility and access road sites and can harm farmland through improper construction methods.
(q)
Commercial/industrial wind energy facilities, when improperly sited, are known to adversely affect property values and cause economic hardship to property owners.
(r)
The Town of Wilson contains clusters and stretches of homes, including along the Lake Ontario shoreline, in and around the eastern Wilson, the Village of Wilson, and western Wilson, along Route 18 and Lake Road, as well as dispersed residences which residents have chosen as their homes, often because of a love for a rural-pastoral lifestyle.
(s)
Town of Wilson residents and visitors enjoy outdoor activities, including marine (boating, fishing, sailing, swimming, kayaking, etc.) and land (hunting, hiking, cycling, snowmobiling, jogging, etc.), all of which are potentially adversely affected by the presence of commercial/industrial wind energy facilities.
(t)
Commercial/industrial wind energy facilities may be significant sources of noise, including infrasound that, if unregulated, can negatively affect quiet enjoyment of the area, properties, and the health and quality of life of residents.
(u)
Construction of wind facilities can create traffic problems and can cause damage to local roads and infrastructure.
(v)
Commercial/industrial wind energy facilities have the potential to cause electromagnetic interference with various types of communications.
(w)
Commercial/industrial wind energy facilities have the potential to adversely interfere with orderly development of the Town of Wilson, including single-family residences and small subdivisions, by making such development unappealing.
(x)
Commercial/industrial wind energy facilities need to be regulated for removal when no longer utilized.
(y)
Commercial/industrial wind energy facilities provide renewable energy. Their viability is highly dependent on state and federal subsidies, and renewable energy companies are subject to economic pressure and potential bankruptcies. Funding and mechanisms for removal when the facilities are no longer operating need to be in place.
(z)
The Town of Wilson has regulated certain wind energy facilities for the past five years through local laws. this section represents an updating of said regulation.
(aa)
In formulation of this section, many studies have been reviewed and taken into consideration. Wind energy laws in other locations have been reviewed and considered; experiences of other areas have been studied; the Town of Wilson Comprehensive Plan has been considered and complied with; and its conclusions and recommendations have been duly considered and given great weight.
(bb)
When considering large-scale construction and maintenance, due weight should be given to the following:
[1]
The relative distress caused to a community and its residents;
[2]
The actual necessity for such facility given energy production in the area and region, including clean energy production;
[3]
Past and present stresses and disruption imposed upon an area due to all types of energy production;
[4]
Alternatives to facilities, including location in other areas, location in areas where demand is needed, and alternative methods of producing clean energy;
[5]
Location in areas of highest consumption; and
[6]
The burden on a community and its residents versus reward to the community and its residents, with emphasis upon quality of life.
(3) AMBIENT SOUND ANSI APPLICANT BACKGROUND SOUND dBA dBC DECIBEL EAF NONPARTICIPANT PARTICIPANT PERSON QUALIFIED ACOUSTICAL CONSULTANT RESIDENCE ROTOR DIAMETER ARTICLE or THIS ARTICLE SEQRA SETBACKS SHADOW FLICKER SITE SOUND-PRESSURE LEVEL SPECIAL USE PERMIT TOTAL HEIGHT TOWER HEIGHT WIND ENERGY CONVERSION SYSTEM (WECS) or WIND ENERGY CONVERSION FACILITY
Definitions. As used in this section, the following definitions apply. If any definition herein conflicts with a definition found elsewhere in the Town Code, the definitions set forth here apply. If not defined in this section, the definitions as set forth in § 127-5 shall apply. As used in this section, the following terms shall have the meanings indicated:
Ambient sound encompasses all sound present in a given environment, being usually a composite of sounds from many sources near and far. It includes intermittent noise events, such as from aircraft flying over, dogs barking, wind gusts, mobile farm or construction machinery, and the occasional vehicle traveling along a nearby road. The ambient sound also includes insect and other nearby sounds from birds and animals or people. The nearby and transient events are part of the ambient sound environment but are not to be considered part of the long-term background sound.
Refers to or means the American National Standards Institute.
The person or entity filing an application and seeking license under this section; the owner of a WECS or a proposed project; the operator of a WECS or proposed project; or any person acting on behalf of an applicant, WECS project or proposed WECS. 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.
Background sounds are those heard during lulls in the ambient sound environment and represent the quietest 10% of the time: for example, the quietest one minute.
A-weighted sound-pressure level. A measure of overall sound-pressure level designed to reflect the response of the human ear, which does not respond equally to all frequencies. It is used to describe sound in a manner representative of the human ear's response. It reduces the effects of the low frequencies with respect to the frequencies centered around 1,000 Hz. The resultant sound level is said to be "weighted," and the units are "dBA." Sound-level meters have an A-weighting network for measuring A-weighted sound levels (dBA) meeting the characteristics and weighting specified in ANSI Specifications for Integrating Averaging Sound Level Meters, 51.43-1997, for Type 1 instruments and are capable of accurate readings (corrections for internal noise and microphone response permitted) at 20 dBA or lower. In this section, "dBA" means "LAeq" unless specified otherwise.
C-weighted sound-pressure level, similar in concept to the A-weighted sound level (dBA), but C-weighting does not deemphasize the frequencies below 1 kHz as A-weighting does. It is used for measurements that must include the contribution of low frequencies in a single number representing the entire frequency spectrum. Sound level meters have a C-weighting network for measuring C-weighted sound levels (dBC) meeting the characteristics and weighting specified in ANSI SI. 43-1997, Specifications for Integrating Averaging Sound Level Meters for Type 1 instruments. In this section, "dBC" means "L" unless specified otherwise.
A dimensionless unit describing the amplitude of sound and denoting the ratio between two quantities that are proportional to power, energy, or intensity. One of these quantities is equal to 20 times the logarithm to the base 10 of the ratio of the measured pressure to the reference pressure, which is 20 micropascals.
The environmental assessment form used in the implementation of SEQRA as that term is defined in 6 NYCRR 617.
Any and all Wilson landowners having no contractual relationship with a wind developer.
Any and all landowners having a signed lease, easement, or good neighbor agreement with a wind developer.
Any person, partnership, LLC, corporation, joint venture, trust or other entity.
A person with demonstrated competence in the specialty of community noise testing who is a person with full membership in the Institute of Noise Control Engineers (INCE).
Any building suitable for habitation in the Town of Wilson on the date an application for a wind energy facility permit is received. A residence may be part of a multidwelling or multipurpose building, and shall include buildings such as hunting camps, seasonal residences, hotels, hospitals, motels, dormitories, nursing homes, schools, churches or buildings used for educational purposes or public gatherings.
The diameter of the largest swept area of a rotating turbine blade.
Shall mean, unless otherwise identified, § 127-36.2B.
The New York State Environmental Quality Review Act and its implementing regulations in 6 NYCRR 617.
A distance measured from the closest rights-of-way line of the road rights-of-way, property lines, village limits, edge of wetlands, high-water level of Lake Ontario, edge of streambed, closest point of residence foundation to the base of the turbine or measurement tower, zoning districts, or other point or line of reference.
The visual effect of viewing the moving shadow of the wind energy conversion system (WECS) rotor blades when they are in a position between the receptor (person viewing them) and the sun and/or the "strobe" lighting effect of this condition as perceived by the receptor, whether directly or indirectly (as in a reflection off a light-colored wall).
The minimum area necessary for a wind energy facility to satisfy the required setbacks and any other standards in this section. The site may be publicly or privately owned by an individual or a group of individuals controlling single or adjacent properties. Where an individual or group of individuals owns or control adjacent properties, those properties may be combined for the purposes of this section through an easement or other legally enforceable agreement recorded in the real property records in the Niagara County Clerk's office. The agreement must, at a minimum, describe all lands that may be impacted if the WECS fell and must remain in effect as long as the WECS is in place. Where multiple adjacent lots are in single ownership or are combined through such agreement, such multiple or combined lots shall together be considered the "site."
The level, expressed in decibels, which is equaled or exceeded a stated percentage of time. Sound-pressure level is spectrally weighted to correspond to a spectrum of interest. For example, the A-weighted decibel scale (dBA) represents those frequencies most readily audible to the human ear. The C-weighted decibel scale (dBC) approximates response of the human ear to low-frequency sounds. The G-weighted decibel scale (dBG) is designed for infrasound. Sound measurements shall use sound meters that meet the American National Standards Institute Specifications for Integrating Averaging Sound Level Meters, S1.43-1997, for Type I instruments and be capable of accurate readings (corrections for interval noise and microphone response permitted) at 20 dBA or lower.
A construction and operating permit granted in accordance with the provisions of this section.
The height of the tower from the finished ground elevation to the furthest vertical extension of the turbine rotor plane.
The height of the tower from the finished ground elevation at the tower base to the center of the hub forming the attachment point for turbine blades.
Any machine or wind facility that converts the kinetic energy in the wind into electricity, including all related infrastructure, electrical lines and substations, access roads and accessory structures; also known as a "commercial/industrial wind energy conversion system." Excluded from the definition are noncommercial wind energy conversion systems regulated by § 127-36.2A and having a height of 150 feet or less.
(4)
Applicability; severability.
(a)
No wind facility or wind energy conversion system shall be constructed, reconstructed, modified or operated in the Town of Wilson, except in compliance with this section and in compliance with all conditions of approval established by the Town Board.
(b)
This section shall, for all purposes, supersede the provisions of the Town Code § 127-36.2B (Commercial wind-energy conversion systems), provided that if any provision, section or requirement of this section shall be finally determined not to apply or to be unenforceable by any court or state or federal agency having authority to so determine, then any provision of Town Code § 127-36.2B having relevance to said provision, section or requirement shall apply.
(c)
If any provision of this section conflicts with any other provision of the Town of Wilson Code, provisions of this section shall apply.
(d)
If any provision, section or requirement of this section shall be finally determined not to apply, or to be unenforceable or void, by any court, state or federal agency having authority to so determine, it shall not affect the validity or enforceability of this section as a whole or any other part thereof.
(e)
Nothing in this section shall prevent the ability of the Town of Wilson to appeal or seek court determination of any action by any agency, tribunal, or lower court.
(5)
Application for wind energy conversion systems.
(a)
An application for a special use permit for a wind energy facility or a single WECS shall include the following:
[1]
Name, address, and telephone number of the applicant. If the applicant is represented by an agent, the application shall include the name, address and telephone number of the agent, as well as an original signature of the applicant authorizing the representation.
[2]
Name and address of the property owner. If the property owner is not the applicant, the application shall include proof of site control by recorded document establishing that the applicant is authorized to utilize the property for the intended purpose.
[3]
Address, or other property identification, of each proposed WECS location, including Tax Map section, block and lot number, and latitude and longitude coordinates.
[4]
A description of the project, including the number and maximum rated power output capacity of each WECS.
[5]
For each WECS proposed, a plot plan prepared by a licensed surveyor or engineer drawn in sufficient detail to clearly describe the following:
[a]
Property lines and physical dimensions of the site;
[b]
Location, approximate dimensions and types of existing structures and uses on site, public roads, and adjoining properties within a three-thousand-foot radius of the proposed WECS.
[c]
Location and ground elevation of each proposed WECS.
[d]
Location of all aboveground and below-ground utility lines on the site, and all related transformers, power lines, interconnection points with transmission lines, and other ancillary facilities or structures.
[e]
Location and size of structures above 30 feet within a three-thousand-foot-radius of any proposed WECS. For purposes of this requirement, electrical transmission and distribution lines, antennas and slender or open-lattice towers are considered structures.
[f]
Location of, and measured distances (accurate GPS measurements may be utilized) of, each proposed WECS tower from every setback required pursuant to this section.
[g]
To help demonstrate compliance with the setback requirements of this section, circles drawn around each proposed tower site having a radius equal to:
[h]
All proposed facilities, including access roads, electrical lines, substations, storage or maintenance units, and fencing.
[i]
The names and addresses of all property owners within a three-thousand-foot-radius of each WECS, as shown on the assessment roll of the Town of Wilson, together with the current use of all such property.
[6]
Elevation drawing of the WECS showing total height, turbine dimensions, tower and turbine colors, ladders, distance between the ground and the lowest point of any blade, location of climbing pegs, and access doors. One drawing may be submitted for each WECS of the same type and total height.
[7]
Landscaping plan: depicting vegetation and forest cover, describing the area to be cleared of vegetation and forest cover and areas where vegetation and forest cover shall be added, identified by species and size of specimens at installation, and their locations.
[8]
Lighting plan: showing any FAA-required lighting and other proposed lighting. The application should include a copy of the determination by the Federal Aviation Administration to establish required markings and/or lights for the structure; but if such determination is not available at the time of the application, the application shall so state, and such determination shall be submitted prior to final approval.
[9]
Decommissioning plan: a decommissioning plan as specified in this section.
[10]
Complaint resolution plan: a complaint resolution plan to address complaints within 24 hours of receipt of notice thereof and to resolve any complaint in a diligent and timely manner under the circumstances.
[11]
Information relating to the construction/installation of the wind energy facility as follows:
[12]
Completed Part 1 of the full EAF.
[13]
For each proposed WECS: include make, model, picture, and manufacturer's specifications, including noise decibel data. Include manufacturers' material safety data sheet documentation for the type and quantity of all materials used in the operation of all equipment, including, but not limited to, all lubricants and coolants.
[14]
As part of the application, or as a supplement to the application and simultaneously submitted, the following: Each submittal shall contain a thorough analysis/explanation of the ability and means to comply with the "Standards for commercial/industrial WECS," found in § 127-36.2B(7).
[a]
Shadow flicker: The applicant shall submit a study on potential shadow flicker. The study shall identify locations where shadow flicker may be caused by the WECS and the expected durations of the flicker at these locations. The study shall identify areas where shadow flicker may be present at locations of any residences, highways, parks or open recreation areas and detail measures that will be taken to mitigate or eliminate such interference and to comply with the requirements of this section.
[b]
Visual impact: Applications shall include a visual impact study of the proposed WECS as installed, which shall include a computerized photographic simulation, demonstrating any visual impacts from strategic vantage points. Color photographs of the proposed site from at least several locations accurately depicting the existing conditions shall be included. The visual analysis shall also indicate the color treatment of the system's components and any visual screening incorporated into the project that is intended to lessen the system's visual prominence.
[c]
Fire protection/emergency response plan: a fire protection and emergency response plan, created in consultation with the fire department(s) having jurisdiction over the proposed wind energy facility, to address coordination with local emergency/fire protection providers during the construction or operation phase in the event of an emergency, fire or other hazard.
[d]
Noise analysis/study: a noise analysis by a qualified acoustical consultant documenting the noise levels associated with each proposed WECS. The study shall document noise levels at property lines and at the property line of the nearest residences not on the site for each residence in a three-hundred-sixty-degree circle of the site. The noise analysis shall be performed according to the International Standard for Acoustic Noise Measurement Techniques for Wind Generators (IEC 61400-11), or other procedure accepted by the Town Board, and shall include both a dBA analysis and dBC analysis. The noise analysis/study shall demonstrate compliance with the noise provisions as set forth in the "Standards for commercial/industrial WECS," found in § 127-36.2B(7).
[e]
Property value analysis: property value analysis, prepared by a New York State licensed appraiser experienced in appraising rural properties of the type and nature typically found in the Town of Wilson, evaluating the potential impact of the project on values of properties in the Town of Wilson, and in addition a proposed means to protect property owners from decrease in values caused by the establishment and operation of the proposed WECS, and to comply with the property value preservation subsection set forth in the "Standards for commercial/industrial WECS," found in § 127-36.2B(7).
[f]
Electromagnetic interference: an assessment of potential electromagnetic interference with microwave, radio, television, satellite systems, personal communication systems and other wireless communication, including broadband, weather and other radar, identifying specific potential interference to established systems.
[g]
Transportation impacts: an analysis of impacts on local transportation, identifying impacts anticipated during construction, reconstruction, modification, or operation of each WECS. Transportation impacts to be considered shall include, at a minimum: potential damage to local road surfaces, road beds and associated structures; potential traffic tie-ups by haulers of WECS materials; impacts on school bus routes; and impacts of visitors to the WECS facilities. Local roads shall include all state highways, County highways, Town highways, and village streets and highways, which will be or may be used by the applicant.
[h]
Transportation plan: a transportation plan describing routes to be used in delivery of project components, equipment and building materials, and those to be used to provide access to the site during and after construction. Such plan shall also describe any anticipated improvements to existing roads, bridges or other infrastructure, and measures to restore damaged/disturbed access routes and all other infrastructure following construction. Roads shall include all state highways, County highways, Town highways, and village streets and highways, which will be or may be used by the applicant.
[i]
Groundwater impacts: an analysis of impacts on local groundwater resources shall be prepared regarding impacts anticipated during construction, reconstruction, modification, or operation, decommissioning and post-decommissioning of each WECS. A geotechnical report shall be provided and shall include: soil and geologic characteristics of the site based on site sampling and testing; a bedrock profile within one mile of the site; information on depth of well; average flow rate; and with permission by owner, test of water quality for all wells within two miles of the site; grading criteria for ground preparation, cuts and fills, soil compaction, and a slope stability analysis.
[j]
An assessment of potential immediate and long-term impacts to local flora and fauna, micro- and macrohabitats, and groundwater and surface water related to but not limited to, excavation, blasting, clear-cutting and grading during the site preparation phase.
[k]
Cultural, historical and archaeological resources plan: an analysis of impacts on cultural, historical and archaeological resources addressing and assessing impacts anticipated during construction, reconstruction, modification or operation of each WECS. This assessment shall be conducted in accordance with standards of the New York State Office of Parks, Recreation and Historic Preservation.
[l]
Wildlife impacts: An analysis of impacts on local wildlife shall be prepared, addressing impacts anticipated during construction, reconstruction, modification, or operation of each WECS. Wildlife impacts to be considered shall include, at a minimum, anticipated impacts on flying creatures (birds, bats, insects), as well as wild creatures existing at ground level. An assessment of the impact of the proposed development on the local flora and fauna shall also be prepared. The analysis will include migratory and resident avian species and bat species. The scope of such assessment shall take into consideration New York State Department of Environmental Conservation and United States Fish and Wildlife Service studies, standards and recommendations and must, at a minimum, consist of preconstruction data of three years, and literature/studies/survey for threatened and endangered species and species of concern, and migratory species that provide relevant information on critical flyways and migration routes, and shall describe the potential impacts of any proposed facilities on bird and bat species, and an avoidance or mitigation plan to address any impacts, as well as plans for three-year post-installation studies. The reports shall provide sufficient information to allow the Town Board to make a determination on any mitigation conditions or a denial of permits as provided in the standards for commercial/industrial WECS section.
[m]
Operation and maintenance plan: an operation and maintenance plan providing for regular periodic wind energy facility schedules, any special maintenance requirements and procedures and notification requirements for restarts during icing events.
[n]
Blade throw report: a report from a New York State professional engineer that calculates the maximum distance that ice from the turbine blades and pieces of turbine blade may be thrown. (The basis of the calculation and all assumptions must be thoroughly explained and justified.) The frequency incidence of reported ice and blade throws and the conditions at the time of the ice and blade throw must be included, and the report must specifically address the climatic and weather conditions found in the Town of Wilson.
[o]
Stray voltage report: an assessment, pre- and post-installation, of possible stray voltage problems on the site and neighboring properties within one mile of the project boundary to show what properties need upgraded wiring and grounding.
[p]
A health report utilizing available background health, including mental health, analysis for the Town and the region, including age, proliferation of known health disorders, and effects of noise presence of WECS and flicker effect on people, as well as a proposed means of accessing a health background on individuals who wish to participate for determination of health effects if a WECS is constructed; a thorough analysis of the potential health effects, including mental health, related to commercial/industrial wind turbines, and a plan to mitigate each of the effects and to address them.
[q]
An agriculture effect report, including impacts on all types of agricultural activities present in the Town of Wilson. The report shall address the effects of wind turbulence and disruption on fruit production, effects on beef and dairy farms, grain farming and all other farming activities. The report must address insect and bee population effects, effects on orchard and crop pollination, microclimate effects and impacts on orchard and crop growing seasons.
[r]
A report/analysis of the effects on the economy of the Town, including income of residents and effects on other industries and jobs.
[s]
A report and analysis on any effect on any military installation in the County of Niagara, including the Niagara Falls Air Reserve Station, its potential effects on flight patterns, its potential to cause radar interference, effect on base siting evaluations, and the potential economic effect on the County of Niagara should the base be closed, including job loss and economic impact.
[t]
A report and analysis on any outdoor activities common in the Town of Wilson, including hunting, hiking, biking, etc.
[u]
A complete report on:
[i]
The need for the project, including demand analysis and limitations on transport of power to high-demand areas.
[ii]
Other "clean" energy power projects in the area, including the Niagara Power Project, with analysis of total clean power generated in Niagara County versus other areas in the state.
[iii]
The effect on the Great Lakes Seaway Trail, a national scenic byway.
[iv]
Increased expenses imposed upon the Town of Wilson as a result of the proposed project.
[v]
All alternative sites identified by the applicant and its affected entities.
[vi]
Local power needs in the Town of Wilson and total power generated.
[vii]
Total disruption/burden placed upon the Town of Wilson for all power-generation activities, including existing facilities and infrastructure. Compare to other areas of the state; use population/energy usage per capita versus total energy burden.
[15]
For any requirement of a report, analysis or study, required pursuant to this Subsection F or required by any other provision of this section, or by the Town Board in its review process, the Town may require an expanded or supplemental report or study by the applicant, or an independent study, analysis or report by a consultant of the Board's choosing. The applicant shall be responsible for the cost of any review/report study or analysis commissioned by the applicant, to be paid for from the escrow fund established pursuant to this section.
[16]
The applicant shall, prior to the receipt of a special use permit, provide proof that it has executed an interconnection agreement with the New York independent system operator and the applicable transmission owner. The applicant shall also provide proof of complying with Public Service Commission power purchase requirements.
[17]
A statement, signed under the penalty of perjury that the information contained in the application is true and accurate to the best of the applicant's knowledge.
[18]
Proof of continuous liability insurance in the amount of $5,000,000 per occurrence with a total policy minimum of $10,000,000 per year. This shall be submitted to the Town of Wilson indicating coverage for potential damages or injury to landowners and the public.
[19]
Disclosure of financial interests. For any financial interest held by a municipal officer, or his or her relative, in any wind development company or its assets, within three years prior to the date of an application for a permit under this section, the wind company shall disclose on the application the municipal officer or his or her relative and the nature and scope of the financial interest of each person.
[20]
All wind speed data obtained by the applicant from any wind measurement tower in the Town, including an explanation of the methodology utilized to obtain measurements.
[21]
The applicant shall fund an escrow as required by this section to cover the amount by which the Town's cost to review the applicant's application, including the cost of any independent study, analysis or report and the cost of the Town Engineer, exceeds the application fees paid by the applicant. The applicant and the Town may enter into an agreement as to the amount of the escrow. If no agreement is reached prior to review, the fund shall be 1.5% of the total estimated cost of the project, including both "hard" and "soft" costs, approvals, etc. The amounts paid to the Town shall not exceed this amount. This amount is determined to be the best estimate of all costs to the Town for its review process as set forth in this section. The escrow shall be funded prior to review of the application. If, at the end of the review process and decision on the application by the Town Board, funds remain in the escrow fund, the balance shall be returned to the applicant together with an accounting of the expenditures incurred by the Town.
[22]
Copies of all applications and proposed plans should be made available to the public within seven days of receipt by the Town Board and placed in the Town Library and Town Clerk's office as well as on the Town of Wilson website.
(6)
Application review process.
(a)
Applicants may request a preapplication meeting with the Town Supervisor, Town Zoning/Code Enforcement Officer and such consultants as the Supervisor shall determine. Such meeting shall be informal, and no party shall be bound by any statements made.
(b)
An original executed and 15 copies of the application and a complete digital version shall be submitted to the Town Clerk. Payment of all application fees shall be made at the time of application submission. The Town Clerk shall forward one copy to the Zoning/Code Enforcement Officer, five copies to the Town Supervisor, and additional copies to such individuals as the Supervisor shall direct.
(c)
The Zoning/Code Enforcement Officer, in consultation with the Town Engineer, and any other consultants deemed necessary, shall determine whether the application is complete. If the application is deemed incomplete, the Town Zoning/Code Enforcement Officer shall provide the applicant with a written statement listing the missing information. No refund of application fees shall be made, but no additional fees shall be required upon submittal of the additional information, unless the number of WECS proposed is increased. When the application is complete, it shall be filed, and the applicant shall be notified it has been accepted for filing.
(d)
Upon filing of a complete application, the Town Clerk shall transmit the application to the Board.
(e)
In addition to the public hearing requirement, the Town Board may, in its discretion, require the applicant to conduct information sessions for the public benefit. The number of such sessions shall be at the discretion of the Town Board, and notice shall be given to media in such a manner as the Town Board shall determine. During these sessions, the public will be afforded the opportunity to question the applicant regarding the project.
(f)
The Town Board shall hold at least one formal public hearing on the application. Notice shall be published in the Town's official newspaper no less than 10 days before the hearing. In the event that any hearing is adjourned by the Board to hear additional comments, no further publication or mailing shall be required. Notice shall also be given to property owners in the Town of Wilson at the address shown on the assessment roll of the Town of Wilson, or by publishing such notice in the Town's newsletter.
(g)
At the discretion of the Town Board, the public hearing may be combined with public hearings on any environmental impact statement. Notice for SEQRA public hearings must meet the specification set out in 6 NYCRR 617.12(c).
(h)
Notice of the project shall also be given, when applicable, to: the Niagara County Planning Board, if required by General Municipal Law §§ 239-l and 239-m; and to adjoining towns where the project site is located within 3,000 feet of the adjoining town boundary.
(i)
SEQRA review. Applications for commercial/industrial WECS are deemed Type I projects under SEQRA. The Town Board may conduct its SEQRA review in conjunction with other agencies or communities, in which case the records of review by said agencies or communities shall be part of the record of the Town Board's proceedings. The applicant shall be responsible for the Town's legal and engineer's fees in connection with the SEQRA.
(j)
After a thorough and detailed evaluation of the application in which the Town Board completes the required "hard look" of all materials and public input, and upon receipt of the report of the recommendation of the County Planning Board (where applicable), the holding of the public hearing, and the completion of the SEQRA process, the Town Board shall approve, approve with conditions, or deny the application(s). The Board shall issue a written decision with the reasons for approval, conditions of approval or disapproval fully stated.
(k)
If approved, the Town Board will issue to the applicant a special use permit for each WECS for the purpose of construction and continued operation based on satisfaction of all conditions for said permit. This authorizes the Zoning/Code Enforcement Officer/Zoning/Code Enforcement Officer to issue a building permit for each WECS upon compliance with the Uniform Fire Prevention and Building Code and the other conditions of this section.
(l)
The decision of the Town Board shall be filed within five business days in the office of the Town Clerk and a copy mailed to the applicant by first-class mail.
(m)
If any approved WECS is not substantially commenced within one year of issuance of the permit, the special use permit shall expire.
(7)
Standards for commercial/industrial WECS. The following restrictions on location, standards and conditions shall apply to all commercial/industrial WECS. Applications must demonstrate compliance with these standards.
(a)
Restricted areas:
[1]
No commercial/industrial wind energy systems shall be allowed in any urban residential districts (UR 40, UR 80), semirural residential districts (SRR 100, SRR 150), or in the Waterfront Commercial (WC) District.
[2]
No commercial/industrial wind energy systems shall be allowed within the boundary areas of the designated for public recreation or located within the Parkland District (PL).
(b)
Setbacks. No commercial/industrial wind energy systems shall be allowed within the following setbacks. If more than one setback applies, the most-restrictive setback shall prevail.
[2]
From structures: a minimum of two times the total WECS height from any building.
[3]
From property lines: a minimum of two times the total WECS height from any property line, excluding adjoining lot lines of the project participants. Such setbacks from property lines do not apply if the application is accompanied by a legally enforceable agreement that is recorded in the Niagara County Clerk's Office for a period of the life of the permit, that the affected adjacent landowner(s) agree to the elimination of the setback.
[4]
From public roads and highways: a minimum 1,500 feet or two times the total WECS height from any public road and highway, whichever is greater.
[5]
From aboveground transmission lines greater than 12 kilovolts: a minimum two times the total WECS height from any aboveground transmission line greater than 12 kilovolts.
[6]
From the boundary of the Village of Wilson: a minimum of 1/2 mile (2,640 feet).
[7]
From residences: a minimum of 2,000 feet.
[8]
From another commercial/industrial WECS turbine: a minimum of 2,000 feet.
(c)
All power transmission lines from the tower to any building or other structure shall be located underground.
(d)
No television, radio or other communication antennas may be affixed or otherwise made part of any commercial/industrial WECS, except pursuant to the Town Site Plan Review and Subdivision Law.[1] Applications may be jointly submitted for WECS under this section and telecommunications facilities under the Site Plan and Subdivision Law.
(e)
No advertising signs are allowed on any part of the wind energy facility, including fencing and support structures.
(f)
Lighting of tower. No tower shall be lit except to comply with FAA requirements. Motion-sensitive on-demand lighting is required. Minimum-security lighting for ground-level facilities shall be allowed as approved on the site plan.
(g)
All applicants shall use measures to reduce the visual impact of WECS to the extent possible. All structures in a project shall be finished in a single, nonreflective, matte-finished color. Individual WECS shall be constructed using wind turbines whose appearance, with respect to one another, is similar within and throughout the project so as to provide reasonable uniformity in overall size, geometry, and rotational speeds. No lettering, company insignia, advertising, or graphics shall be on any part of the tower, hub, or blades.
(h)
No WECS shall be installed in any location where its proximity with existing fixed broadcast, retransmission, or reception antennas for radio, television, or wireless phone or other personal communication systems will produce electromagnetic interference with signal transmission or reception. No WECS shall be installed in any location along the major axis of an existing microwave communications link where its operation is likely to produce electromagnetic interference in the link's operation. If it is determined that a WECS is causing electromagnetic interference, the operator shall take the necessary corrective action to eliminate this interference up to and including relocation or removal of the facilities, or resolution of the issue with the impacted parties. Failure to remedy electromagnetic interference is grounds for revocation of the special use permit for the specific WECS causing the interference.
(i)
All solid waste and hazardous waste and construction debris shall be removed from the site and managed in a manner consistent with all applicable rules and regulations.
(j)
WECS shall be designed to minimize the impacts of land clearing and the loss of open space areas. Land protected by conservation easements shall be avoided. The use of previously developed areas will be given priority wherever possible. All topsoil disturbed during construction, reconstruction or modification of each WECS will be stockpiled and returned to the site upon completion of the activity that disturbed the soil.
(k)
WECS shall be located in a manner that minimizes significant negative impacts on animal species in the vicinity, particularly bird and bat species, including those that may be listed by the United States Fish and Wildlife Service as threatened or endangered. When the Town Board determines that significant negative impacts have not or cannot be sufficiently mitigated by a proposed WECS, no permit may be issued.
(l)
WECS shall be located in a manner consistent with all applicable state and federal wetlands laws and regulations.
(m)
Stormwater runoff and erosion control shall be managed in a manner consistent with all applicable state and federal laws and regulations.
(n)
For all aspects of the application and operations of WECS, the New York State Department of Agriculture and Markets' guidelines for agricultural mitigation for wind power projects in effect as of the date of the application shall be adhered to, and any other agricultural effects identified shall be mitigated, both inside and outside of agricultural districts.
(o)
The maximum total height of any WECS shall be determined by application of all parts of this section to the application. The minimum feasible height shall be the maximum height of any WECS, and the applicant shall justify any requested maximum height and demonstrate to the Town Board's satisfaction the reason why a lower height is not feasible. Notwithstanding the foregoing, no wind tower total height shall exceed 450 feet.
(p)
Construction of the WECS shall be limited to the hours of 7:00 a.m. to 7:00 p.m., Monday through Friday, unless a different schedule is approved by the Town Board.
(q)
If it is determined that a WECS is causing stray voltage issues, the operator shall take the necessary corrective action to eliminate these problems, up to and including relocation or removal of the facilities, or resolution of the issue with the impacted parties. Failure to remedy stray voltage issues is grounds for suspension or revocation of the special use permit for the specific WECS causing the problems.
(r)
WECS shall be located in a manner that minimizes significant negative impacts on the historical and cultural aspects of the community (i.e., high concentration of historic stone houses and buildings and old-style barns). This shall be done in coordination with the New York State Office of Parks, Recreation and Historic Preservation. In addition, the review of New York Department of State Guidelines for Scenic Areas of Statewide Significance shall be respected.
(s)
Each WECS shall be equipped with both manual and automatic controls to limit the rotational speed of the rotor blade so it does not exceed the design limits of the rotor.
(t)
Fencing may be required, as determined by the Town Board.
(u)
Appropriate warning signs shall be posted. At least one sign shall be posted at the base of the tower, warning of electrical shock or high voltage. A sign shall be posted on the entry area of fence around each tower or group of towers and any building (or on the tower or building if there is no fence), containing emergency contact information, including a local telephone number with twenty-four-hour, seven-day-a-week, coverage. The Town Board may require additional signs based on safety needs.
(v)
No climbing pegs or tower ladders shall be located closer than 15 feet to the ground level at the base of the tower structure.
(w)
The minimum distance between the ground and any part of the rotor or blade system shall be 30 feet.
(x)
WECS shall be designed to prevent unauthorized external access to electrical and mechanical components and shall have access doors that are kept securely locked.
(y)
The owner and/or operator of a WECS that has received approval under this section, and for which a permit has been issued, shall file with the Town Clerk on an annual basis an operation and maintenance compliance report detailing the operation and maintenance activities over the previous year and certifying full compliance with the operation and maintenance plan. The annual report shall include a noise analysis by a qualified acoustical consultant, performed according to the International Standard for Acoustic Noise Measurement Techniques for Wind Generators (IEC 61400-11) or such other procedure as accepted by the Town Board during the permit review process, which certifies to the Town that the noise level of the WECS is in full compliance with the provisions of this section and the permit as issued.
(z)
Traffic routes.
[1]
Construction and delivery vehicles for WECS and/or associated facilities shall use traffic routes established as part of the application review process.
[2]
The applicant is responsible for remediation of damaged roads and infrastructure upon completion of the installation and/or maintenance of a WECS. The applicant shall comply with all requirements of any Town of Wilson infrastructure, preservation or protection law.
[3]
In addition to complying with any Town of Wilson infrastructure preservation or protection law, prior to placing the wind energy facility in operation, and for the life of the project, the applicant shall repair or reconstruct all state highways, County highways, Town highways and village streets and highways damaged by the applicant to the standards set forth by the Niagara County Highway Department, regardless of the condition of such highways, roads and streets prior to the commencement of construction by the applicant.
(aa)
Noise standards for wind energy systems.
[1]
The equivalent level (LEQ) generated by a wind energy conversion system (WECS) shall not exceed the limits listed in Table 1 when measured at the nearest off-site residence existing at the time of application, or for which a building permit has been issued. If the A-weighted background sound-pressure level, without the WECS, is within five dB of some or all of the limits in Table 1, or exceeds some or all of the limits in Table 1, then the A-weighted criterion to be applied to the WECS application for those affected limits shall be the A-weighted background level plus five dB. Note: For example, during daytime, if the background is less than or equal to 40 dB, then the limit is 45 dB. However, if the background is greater than 40 dB, say 44 dB, e.g., then the applicable WECS limit is the background level plus five dB, which calculates to 49 dB for this example.
[2]
In all cases, the corresponding C-weighted limit shall be the operable A-weighted limit (from Table 1 or based on the A-weighted background, as appropriate) plus 18 dB. The application shall include certification by a qualified acoustical consultant as to the predicted A- and C-weighted WECS sound levels at potentially impacted residential sites. The qualified acoustical consultant shall be a member of the Institute of Noise Control Engineering of the USA. The background shall be measured and predicted in accordance with Subsection AA(3) below.
Table 1: WECS Noise Limits at Residential Receivers | ||
|---|---|---|
(1-Hour LEQ Derived per ANSI S12.9 Part 4 and S12.100) | ||
Daytime (7:00 a.m. to 8:00 p.m.) | Nighttime (8:00 p.m. to 7:00 a.m.) | |
A-weighted level (dB) | 45 | 35 |
C-weighted level (dB) | 63 | 50 |
[3]
A-weighted background community noise levels shall be based on measured hourly L90 levels gathered following the procedures specified in ANSI/ASA S12.9 Part 3 (R2013), Short Term Measurements with an Observer Present, and ANSI/ASA S12.100-2014, Methods to Define and Measure the Residual Sound in Protected Natural and Quiet Residential Areas. The day shall be divided into two time periods: daytime, the hours from 7:00 a.m. to 8:00 p.m.; and nighttime, the hours from 8:00 p.m. to 7:00 a.m. If insect noise possibly can dominate some of the hourly L90 measurements, [1] then Ai weighting (see Schomer et al., 2010[2]) shall be used in lieu of the standard A-weighting, or measurements shall not be made when insect noise possibly can dominate some of the hourly L90 measurements. The background shall be reported by time period and computed as follows: The minimum hourly L90 shall be tabulated by time period and by day, and the arithmetic average by time period over all the periods of measurement shall be computed. These three averages of daily minima shall be reported as that site's daytime, evening, and nighttime A-weighted background, respectively.
NOTES: |
|---|
1. In relatively quiet areas, insect noise, especially during summer months, can easily dominate the A-weighted ambient sound level. This domination occurs partly because the primary frequencies or tones of many, if not most, insect noises are in the range of frequencies where the A-weighting is a maximum, whereas, most mechanical and WECS noises primarily occur at the lower frequencies where the A-weighting significantly attenuates the sound. Also, insect noise and bird song do not mask WECS noise at all because of the large differences in frequencies or tones between them. |
2. Schomer, Paul D. et al., "Proposed 'Ai'-Weighting; a weighting to remove insect noise from A-weighted field measurements," InterNoise 2010, Lisbon Portugal, 13-16 June 2010. |
[4]
Parcels three acres or smaller. The A-weighted background measurements shall be made along the line from the nearest proposed WECS to the dwelling in question. If the parcel of land has no dwelling, then the line shall terminate within 25 feet of the center of the parcel. The actual position of the microphone shall be within the property in question and should be within 25 feet to either side of the line, no closer than 50 feet from the property boundary, and no closer than 25 feet from the house or any other structures. If positioning within this "measurement box" is not possible because of unique site conditions, such as the position being underwater or the property being too small, then the unique conditions shall be fully documented and an alternate position selected and justified.
[5]
Parcels larger than three acres. The A-weighted background measurements shall be made along the line from the nearest proposed wind turbine to the property line of the residence or vacant parcel. The actual position of the microphone shall be within the property in question, shall be at the property line closest to any wind turbine, and shall be no more than 50 feet from the property boundary. If positioning within this "measurement box" is not possible because of unique site conditions, such as the position being underwater or the property being too small, then the unique conditions shall be fully documented and an alternate position selected and justified. The microphone shall be no closer than 50 feet from the house or any other structures.
[6]
Measurement requirements. The microphone shall be situated between four and 4.5 feet above the ground. Measurements shall be conducted within the general provisions of ANSI/ASA S12.9 Part 3 and 12.100 (see above), and using a meter that meets at least the Type 2 requirements of ANSI S1.4 and S1.4A-1985 (R2006). The meter noise floor shall be 20 dBA or lower. The report shall include each hourly measured A-weighted L90 level, the tabulated daily minima by time period, and the three time period averages. The report also shall include a sketch of the site showing distances to the structure(s), to the property line, etc., and several photographs showing the structure(s), the property, and the acoustical instrumentation. All instrumentation shall be listed by manufacturer, model, and serial number. This instrumentation listing also shall include the A-weighted noise floor and the one-third octave band noise floors, if utilized, for each meter used.
[7]
Background prediction and measurement. Background measurements shall be conducted by the applicant throughout the area, using sufficient sites to generally characterize the background in various areas of the community.
[8]
The starting point for predicting WECS A- and C-weighted levels at potentially impacted residential parcels shall be the manufacturer-supplied octave band sound power levels, as measured by the manufacturer in accordance with International Standard for Acoustic Noise Measurement Techniques for Wind Generators (IEC 61400-11 and 61400-14, with all tolerances added to the apparent sound power level used in the model). At a minimum, the octave band data shall include the 10 octave bands with nominal center frequencies ranging from 16 Hz to 8,000 Hz (see ANSI S1. 6-1984), and the sound power levels for these bands shall be tabulated in the report. Any data not available from the manufacturer shall be estimated from field measurements on like wind turbines already in use. Any such field measurements shall be described fully and documented in the report.
[9]
In the event that audible noise due to wind energy facility operations contains a steady or pure tone, or an intermittent or reoccurring tone, such as a whine, screech, or hum, the tones shall be eliminated. (NOTE: Minimum distances or setbacks are a very inexact means to limit WECS noise. It is far more appropriate to deal with each application on its own merits, taking into account the ground surface in the area, the number and placement of the wind turbines, and the sound power produced by the particular model of the WECS.)
[10]
Any noise level falling between two whole decibels shall be rounded to the nearest whole decibel.
[11]
The maximum noise level for any WECS measured from the property boundary lines of any school shall not exceed 40 dBA.
[12]
The Town, using the services of the Town Engineer, may conduct or contract for any measurements. In addition to the report filed by the applicant/operator, the applicant/operator shall cooperate with any Town testing of noise levels, including providing access to all sites for that purpose.
[a]
The duration of any WECS measurement shall be 30 minutes. During the thirty-minute period, the equivalent level (LEQ) generated by the WECS shall be measured. The WECS operator shall cooperate by turning the wind turbines on and off as needed for the test and to provide the SCADA information to confirm that the wind turbine was operating at full power and not in a noise-reduced mode. The measurement location shall be at any Subsection AA(1) residential property as given in Subsection AA(1) and at any point on this residential property at which the background community noise may be measured per Subsection AA(3). Measurements shall be entirely within the appropriate time period (e.g., during nighttime for nighttime enforcement), and the WECS shall operate continuously during the thirty-minute measurement.
[b]
The microphone shall be situated between four and 4.5 feet above the ground. Measurements shall be conducted within the general provisions of ANSI/ASA S12.9 Part 3 and S12.100 as above, and using a meter that meets at least the Type 2 requirements of ANSI S1.4 and S1.4A-1985 (R2006). The instrument noise shall be at least 10 dB below the lowest level measured.
[c]
A calibrator shall be used as recommended by the manufacturer of the sound level meter. The fundamental level of the calibrator and the sensitivity of the sound level meter shall be verified annually by a laboratory using procedures traceable to the National Institute of Standards and Technology.
[d]
A wind screen shall be used as recommended by the sound level meter manufacturer.
[e]
An anemometer shall be used and shall have a range of at least zero to 15 miles per hour (zero to 6.7 meters per second) and an accuracy of at least ± two miles per hour (± 0.9 meters per second). Measurements with wind speeds over 2.2 meters per second shall be rejected.
[f]
A compass shall be used to measure wind direction to at least an eight-point resolution: N, NE, E, SE, S, SW, W, NW. Measurements shall be A-weighted or, alternatively, in one-third-octave bands. For A-weighted measurements, the uncertainty (tolerance) of measurements shall be 1 dB for a Type 1 meter and 2 dB for a Type 2 meter. For one-third-octave-band measurements, the meter shall meet the Type 1 requirements of ANSI S12.4 and S12.4a-1985 (R2006), and the uncertainty of measurements shall be disclosed in each one-third-octave band along with the method used to calculate them.
[g]
For all measurements, the surface wind speed, measured at a one-and-five-tenths-meter height, shall be less than 2.2 meters per second.
[h]
All measurements shall be corrected for the background on the basis of mean square pressures. For one-third-octave-band measurements, each one-third-octave band shall be individually corrected for the background in that band; that is, both the WECS (which always includes the background), and the background alone shall be measured in each one-third-octave band. For either A-weighted data or one-third-octave-band data, the background shall be measured during a like period when the WECS is not operating, and Table II shall be used to correct for the background, by band in the case of one-third-octave-band data. A like period includes the same or like location, like surface wind speed and direction, like time of day and day of the week (e.g., Monday through Thursday night, Friday or Saturday night, or Sunday night), etc.
[i]
After correction, when using data measured in one-third-octave bands, all remaining bands, excluding bands set equal to zero, shall be converted to A-weighted bands and then shall be summed on a mean square pressure basis to establish the WECS background-corrected A-weighted sound level.
Table II Correction in dB that shall be subtracted from the WECS sound level measurement (which always includes the background sound level) because of the background sound so that the result is just the sound level of the WECS alone. (See Note 1 below.) | |||||||
|---|---|---|---|---|---|---|---|
Δ, difference (dB) | < 3 | 3 — 4 | 5 — 6 | 7 — 10 | >10 | ||
K, correction (dB) | Notes 2,3 | 3 | 2 | 1 | 0 | ||
Notes: | |||||||
|---|---|---|---|---|---|---|---|
1. This table provides a simple correction to measurements of WECS sound in the presence of the background. For example, the sound of a WECS (along with the background sound, which is always present) is measured as 40 dBA, and the background sound level alone (without the WECS) is measured as 34 dBA. Then Δ, the difference in decibels is six dB (first row, third column), and the corresponding correction shall be two dB (second row, third column). That is, two dB shall be subtracted from the measured 40 dBA level, and it is adjusted to and reported as 38 dBA. The same procedure is followed in each band for one-third-octave-band data. | |||||||
2. When using directly measured A-weighted levels, if the difference between the WECS sound level (plus background sound level) and the background sound level alone is less than three dB, then it shall not constitute a violation of this section. | |||||||
3. When using measured one-third-octave-band data, if the difference between the WECS sound-pressure level (plus background sound-pressure level) and the background sound-pressure level alone, each in the same one-third-octave band, is less than three dB, then the WECS level for that one-third-octave band shall be set to zero. The report shall include a sketch of the site showing distances to the structure(s), to the property line, etc., and several photographs showing the structure(s), the property, and the acoustical instrumentation. All instrumentation shall be listed by manufacturer, model, and serial number. This instrumentation listing also shall include the A-weighted noise floor and the one-third-octave band noise floors, if utilized, for each sound level meter used. |
(bb)
Economic effects. WECS shall be sited and constructed so as to minimize any adverse economic effects on the Town, its residents and its economic activities, including agricultural activities, in accordance with conditions established by the Town Board.
(cc)
Health effects. WECS shall not adversely affect the health, including mental health, of the residents of the Town of Wilson. All available material and studies as well as baseline health reports of willing residents must be contained in a health maintenance plan for any WECS project. Preconstruction health exams shall be provided to willing residents. Reports of residents' exams shall be sealed or maintained in the possession of residents or their physicians, unless they are made available by residents in accordance with HIPAA procedures.
(dd)
No WECS shall be located in the Town of Wilson which, after all data, required reports and studies are considered, as determined by the Town Board, will cause unacceptable interference with or danger to bird or bat populations or to migration routes.
[1]
When a WECS has been constructed in the Town of Wilson, the applicant/owner/operator shall inventory all bird or bat kill and report the same to the Town on a monthly basis. The applicant/owner/operator shall also provide access to the site and surrounding area to the Town-designated representative to inventory killed birds or bats on a daily basis, if requested.
[2]
If a tower or towers in a WECS are determined to cause numbers of bird or bat kill which are determined to be excessive, after consultation with the Department of Environmental Conservation and other involved agencies, remedial action shall be required, up to and including suspension or revocation of a permit or any part thereof.
(ee)
Real property value protection plan. The WECS owner(s) ("applicant") shall ensure the Town of Wilson that there will be no loss in real property value within two miles of each wind turbine within their WECS. To legally support this claim, the applicant shall consent, in writing, to a real property value protection agreement ("agreement") as a condition of approval for the WECS. This agreement shall provide assurance to nonparticipating real property owners (i.e., those with no turbines on their property) near the WECS that they have some protection from WECS-related real property value losses. The applicant shall agree to guarantee the property values of all real property partially or fully within two miles of the WECS. Any real property owner(s) included in that area who believes that his/her property may have been devalued due to the WECS may elect to exercise the following option:
[1]
All appraiser costs are paid by the applicant from the escrow account. The applicant and the property owner shall each select a licensed appraiser. Each appraiser shall provide a detailed written explanation of the reduction, if any, in value to the real property ("diminution value"), caused by the proximity to the WECS. This shall be determined by calculating the difference between the current fair market value (FMV) of the real property and what the FMV would have been at the time of exercising this option, assuming no WECS was proposed or constructed.
[a]
If the higher of the diminution valuations submitted is equal to or less than 25% more than the other, the two values shall be averaged (average diminution value or ADV).
[b]
If the higher of the diminution valuations submitted is more than 25% higher than the other, then the two appraisers will select a third licensed appraiser, who shall present to the applicant and property owner a written appraisal report as to the diminution value for the real property. The parties agree that the resulting average of the two highest diminution valuations shall constitute the ADV.
[c]
In either case, the property owner may elect to receive payment from the applicant of the ADV. The applicant is required to make this payment within 60 days of receiving said written election from the property owner to have such payment made.
[2]
Other agreement conditions.
[a]
If a property owner wants to exercise this option, he/she must do so within 10 years of the WECS receiving final approval from the Town of Wilson.
[b]
A property owner may elect to exercise this option only once.
[c]
The applicant and the property owner may accept mutually agreeable modifications of this agreement, although the applicant is not allowed to put other conditions on a financial settlement (e.g., confidentiality). If the property owner accepts some payment for property value loss, based on an alternative method, that is considered an exercise of this option.
[d]
This agreement applies to the property owner of record as of the date of the issuance of the permit and is not transferrable to subsequent owners.
[e]
The property owner of record as of the date of the issuance of the WECS permit must reasonably maintain the property from that time, until he/she chooses to elect this option.
[f]
The property owner must permit full access to the property by the appraisers, as needed, to perform the appraisals.
[g]
The property owner must inform the appraisers of all known defects of the property as may be required by law, as well as all consequential modifications or changes to the property subsequent to the date of the WECS application.
[h]
This agreement will be guaranteed by the applicant (and all its successors and assigns) for 10 years following the WECS receiving final approval from the Town of Wilson, by providing a bond (or other surety), in an amount determined to be acceptable by the County;
[i]
Payment by the applicant not made within 60 days will accrue an interest penalty. This will be 12% annually, from the date of the written election from the property owner.
[j]
For any litigation regarding this matter, all reasonable legal fees and court costs will be paid by the applicant.
[k]
Upon application, the applicant shall provide a performance bond (or equivalent) in an amount determined by the Town of Wilson and held by the Town of Wilson. This surety account will ensure execution of all aspects of this agreement (including compensation of eligible property owners in the case of default by the applicant). Failure to maintain this surety account shall be cause for revocation or suspension of the WECS permit.
(ff)
Any other standard or requirement established by the Town Board as set forth as a condition of approval of an application shall apply.
(8)
Decommissioning.
(a)
If any WECS remains nonfunctional or inoperative for a continuous period of one year, the applicant shall, without any further action by the Town Board, remove said system at its own expense in accordance with the provisions of Subsection C of this section. This provision shall not apply if the applicant demonstrates to the Town that it has been making good-faith efforts to restore the WECS to an operable condition, but nothing in this provision shall limit the Town Board's ability to order a remedial action plan.
(b)
Nonfunction or lack of operation may be proven by reports to the Public Service Commission, NYSERDA or by lack of income generation. The applicant shall make available to the Town all reports from the purchaser of energy from individual WECS. Upon request of the Supervisor, the Supervisor may also require periodic documentation reporting the power output generated by the WECS.
(c)
Decommissioning and site restoration plan and requirements. An application for a wind energy facility permit shall include a decommissioning and site restoration plan containing the information and meeting the requirements in this section.
[1]
The plan shall provide for the removal from the project parcels, and lawful disposal or disposition of, all wind turbines and other structures, hazardous materials, electrical facilities, and all foundations to a depth of not less than 60 inches below grade. The plan shall provide for the removal of all access roads that the owner of the project parcels wants removed. The plan shall provide for the restoration of the project parcels to farmland of similar condition to that which existed before construction of the WECS.
[2]
The plan shall provide for the decommissioning of the site upon the expiration or revocation of the WECS permit, or upon the nonfunctioning of the WECS.
[3]
The plan shall include: the estimated decommissioning cost in current dollars; how said estimate was determined; the method of ensuring that funds will be available for decommissioning and restoration; and the method that will be used to keep the decommissioning costs current, adjusted annually based on a suitable index such as the "RS Means Heavy Construction Cost Data" index.
[4]
The plan shall include provisions for financial security to secure completion of decommissioning (removal of nonfunctional towers and appurtenant facilities) and site restoration. The applicant, or successors, shall continuously maintain a fund in an amount to be determined by the Town Board for the period of the life of the facility. This fund shall be no less than 125% of the estimated cost of full decommissioning and restoration in the form of a cash deposit with the Town in the amount of 25% of such fund, and the balance of such fund in the form of an irrevocable bond in form and content as approved by the Town Board. All decommissioning funding requirements shall be met prior to commencement of construction.
[5]
The plan shall include written nonrevocable authorization from the permit holder and the owners of all parcels within the project for the Town to access the parcels and implement the decommissioning and site restoration plan, in the event that the permit holder fails to implement the plan. The written authorization shall be in a form approved by the Town and shall be binding on the heirs, assigns and distributees of the owner(s) and shall be recorded in the office of the Niagara County Clerk.
[6]
Use of decommissioning fund.
[a]
Any nonfunctional WECS or any WECS for which the special use permit has been revoked shall be removed from the site and the site restored in accordance with the approved decommissioning and site restoration within 180 days of the date on which the facility becomes nonfunctional or of the revocation of the special use permit, by the applicant or owner of the WECS.
[b]
If removal of the WECS is required and the applicant, permittee, or successors fail to remove the WECS and restore the site in accordance with the approved decommissioning and site restoration plan, the permittee, by accepting the permit, authorizes the Town Board to contract for such removal and restoration and to pay for the removal and restoration from the posted decommissioning and site restoration fund.
[c]
If the fund is not sufficient, the Town shall charge the permit holder for the costs over and above the amount of the fund.
(9)
Limitations on approvals; easements on Town property.
(a)
Nothing in this section shall be deemed to give any applicant the right to cut down surrounding trees and vegetation on any property to reduce turbulence and increase wind flow to the wind energy facility. Nothing in this section shall be deemed a guarantee against any future construction or Town approvals of future construction that may in any way impact the wind flow to any wind energy facility.
(b)
Notwithstanding anything to the contrary contained in this section or any other local law, ordinance, rule or regulation of the Town of Wilson, building permits shall not be issued for new construction on the same parcel as a permitted WECS when the proposed construction is located within a setback required by this section. No property or lot upon which a WECS has been permitted shall be further subdivided in a manner that would result in a reduction of the setbacks required by this section and/or as set forth in the permit.
(10)
Permit enforcement revocation.
(a)
Testing fund. A special use permit shall contain a requirement that the applicant perform periodic noise testing by a qualified acoustical measurement consultant, which shall be included in the annual operation maintenance and compliance report required under this section, and may be required more frequently upon request of the Zoning/Code Enforcement Officer in response to complaints or reasonable suspicion of violation of permit requirements. The scope of the noise testing shall be to demonstrate compliance with the terms and conditions of the special use permit and this section and shall include an evaluation of any complaints received by the Town. The Town may, if the Zoning/Code Enforcement Officer so determines, conduct or have conducted such testing as it determines, in addition to the applicant/operator. Such testing shall be paid for by the applicant.
(b)
Operation. A WECS shall be maintained in operational condition at all times, subject to reasonable maintenance and repair outages. Operational condition includes meeting all noise requirements and other permit conditions and requirements of this section. Should a WECS become inoperable, or should any part of the WECS be damaged, or should a WECS violate a permit condition or any provision of this section, the owner or operator shall immediately notify the Zoning/Code Enforcement Officer. Upon such notice, or if the Zoning/Code Enforcement Officer determines that a violation exists, he shall determine the severity of the noncompliance. If he determines the violation to be a threat to the life, safety, health or immediate well-being of the public, he may order the WECS to be shut down. Upon notification of a violation, the applicant/owner/operator shall submit a remediation plan, in writing, within 10 days outlining the steps to be taken to remedy the violation. If no plan is submitted, or if remediation is not completed within 90 days of notice, or at any other time the Zoning/Code Enforcement Officer deems appropriate, the Zoning/Code Enforcement Officer shall notify the Town Board.
(c)
Notwithstanding any other enforcement provision under this section, if the WECS is not repaired or made operational or brought into permit compliance after said notice, the Town may, after a public hearing at which the operator or owner shall be given opportunity to be heard and present evidence, including a plan to come into compliance, order either remedial action within a particular time frame; or order suspension of the permit until compliance is achieved; or order revocation of the wind energy permit for the WECS and require the removal of the WECS within 90 days. If the WECS is not removed, the Town shall have the right to use the security posted as part of the decommission plan to remove the WECS.
(11)
Fees.
(a)
Nonrefundable application fees for WECS, wind measurement towers, and small WECS shall be established by the Town Board and reviewed periodically. The fee may be changed by resolution of the Town Board. Until established, the fee shall be as set by resolution of the Town Board, submitted with the application.
(b)
Reimbursement of expenses related to WECS project. The Town Board of the Town of Wilson has determined that the review of building and electrical permits for WECS requires specific expertise for those facilities. Accordingly, for such facilities (WECS), an administrative fee as set by resolution of the Town Board shall be charged for administrative costs, plus the amount charged to the Town by the outside consultant(s) hired by the Town to review the plans and inspect the work. The Town and the applicant will enter into an agreement for an inspection and/or certification procedure for these unique facilities, and the applicant will be required to deposit the sum of $100,000 in an escrow account with the Town, which the Town may use to pay for any expenses it incurs related to this project. The fees established herein may be amended from time to time by resolution of the Town Board.
(c)
Nothing in this section shall be read as limiting the ability of the Town to enter into host community agreements with any applicant to compensate the Town for expenses or impacts on the community. The Town shall require any applicant to enter into an escrow agreement to pay the engineering and legal costs of any application review, including the review required by SEQRA.
(12)
Project management and oversight.
(a)
Upon approval by the Town Board of a WECS special use permit application, and as a condition to the issuance of a WECS special use permit, the applicant shall designate a field representative and site manager who will be responsible for overseeing compliance with the conditions of the permit. Such representative and site manager shall be in place for as long as the WECS is in place. This person will have the authority to make management and technical decisions as situations demand. The applicant shall provide and update, at all times, the names, addresses, daytime telephone numbers and emergency telephone numbers of the field representative and site manager to the Town Zoning/Code Enforcement Officer and the Town Supervisor. The applicant shall also provide contact information for all entities providing operation, maintenance and monitoring services.
(b)
As a condition to the issuance of a WECS special use permit, the services of an engineering firm will be retained by the Town of Wilson during the construction phase of the WECS project.
(c)
Prior to commencing construction, the applicant shall pay the Town a project inspection fee in the amount of 3% of the estimated cost of construction, including all materials, contracts and labor. Said amount is determined to be the reasonable cost to the Town to provide for such inspection. If the cost to the Town is less than that amount, the balance shall be refunded to the applicant upon completion of the construction, issuance of a certificate of occupancy and approval of all state and federal agencies.
(d)
The engineering firm will oversee all aspects of construction and will be included in all design, construction, and planning meetings and shall be provided with all technical information, specifications and drawings. A representative of the engineering firm shall be on site at all times during the construction phase. The firm will also monitor road and infrastructure use and determine any damages to the same.
(e)
The engineering firm's duties shall include coordination with the Zoning/Code Enforcement Officer for enforcement actions and project specification compliance, and it will be confirming that all project specifications are implemented. The firm's representative may recommend that the Zoning/Code Enforcement Officer issue a stop-work order for issues, including, but not limited to, safety; developer compliance issues; and insufficient project documentation.
(f)
The applicant shall file daily, weekly and monthly construction plans and will follow the planned work schedule as much as possible. When daily, weekly, or monthly schedules are not completed as planned, updated schedules shall be developed and given to the engineering firm representative.
(g)
The applicant shall provide the engineering firm representative and the Zoning/Code Enforcement Officer with as-built drawings within one week of completion of each portion of the construction phase, or as requested by the engineering firm representative, or Zoning/Code Enforcement Officer.
(h)
All upgrades or changes to the WECS project, as permitted, shall be reviewed and approved by the engineering firm and Zoning/Code Enforcement Officer prior to the implementation of such upgrades or changes. No changes to basic design, height or location will be permitted unless approved as an amendment to the application by the Town Board.
(i)
A final maintenance plan shall be provided to and approved by the Zoning/Code Enforcement Officer, with input from the engineering firm, prior to issuance of a certificate of occupancy, including but not limited to:
[1]
A list of all items requiring regular maintenance.
[2]
Duration of accumulated time between scheduled maintenance.
[3]
Work to be completed during the maintenance operation.
[4]
Person responsible for the maintenance.
[5]
Process that the applicant uses to ensure maintenance is carried out appropriately.
(k)
All maintenance reports shall be filed with the Zoning/Code Enforcement Officer monthly, or more frequently as required.
(l)
In the event of an accident, the Town Zoning/Code Enforcement Officer shall have the authority to shut down all of the affected turbines until a thorough investigation has taken place, a cause has been determined and steps have been taken to ensure the problem will not reoccur, as evidenced by a report to the Zoning/Code Enforcement Officer.
(13)
Enforcement; penalties for offenses; remedies for violations.
(a)
This section shall be enforced by the Town Zoning/Code Enforcement Officer
(b)
Penalties for offenses.
[1]
A violation of any provision of this section is hereby declared to be an offense punishable by:
[a]
A fine not to exceed $350 for a conviction of a first offense.
[b]
For a conviction of a second offense, both of which were committed within a period of five years, punishable by a fine of not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both.
[c]
Upon conviction of a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine of not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both.
[2]
Each week's continued violation shall constitute a separate additional violation.
[3]
For the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this section shall be deemed misdemeanors, and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations.
(c)
The Zoning/Code Enforcement Officer may, after notice of violation, enter into a consent order with the applicant/owner/operator to remedy the violation with specifications to be taken and an agreed schedule.
(d)
Special proceeding. In addition to any other remedy, the Town Board may institute an action or proceeding in equity, correct or abate any unlawful construction, erection, structural alteration, reconstruction, modification and/or use of a wind energy facility, and shall be entitled to injunctive relief, including a temporary restraining order and a temporary injunction as the court deems appropriate.
(14)
Miscellaneous.
(a)
Nothing in this section, including the issuance of the permit by the Town, shall eliminate any property or rights of property owners or residents to enforce their legal remedies, including, but not limited to, actions in law or equity, in the nature of nuisance proceedings, or tort or negligence proceedings.
(15)
Penalties for offenses.
(a)
A violation of any provision of this section is hereby declared to be an offense punishable by:
[1]
A fine not to exceed $350 for a conviction of a first offense.
[2]
For a conviction of a second offense, both of which were committed within a period of five years, punishable by a fine of not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both.
[3]
Upon conviction of a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine of not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both.
(b)
Each week's continued violation shall constitute a separate additional violation.
(c)
For the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this section shall be deemed misdemeanors, and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Authority. This Battery Energy Storage System Law is adopted pursuant to Article IX of the New York State Constitution, § 2(c)(6) and (10), New York Statute of Local Governments, § 10(1) and (7); §§ 261 to 263 of the Town Law and § 10 of the Municipal Home Rule Law of the State of New York, which authorize the Town of Wilson to adopt zoning provisions that advance and protect the health, safety and welfare of the community.
B.
Statement of purpose. This Battery Energy Storage System Law is adopted to advance and protect the public health, safety, welfare, and quality of life of the Town by creating regulations for the installation and use of battery energy storage systems, with the following objectives:
(1)
To provide a regulatory scheme for the designation of properties suitable for the location, construction and operation of battery energy storage systems;
(2)
To ensure compatible land uses in the vicinity of the areas affected by battery energy storage systems;
(3)
To mitigate the impacts of battery energy storage systems on environmental resources such as important agricultural lands, forests, wildlife and other protected resources; and
(4)
To create synergy between battery energy storage system development and the Town of Wilson Comprehensive Plan.
C. ANSI BATTERY ENERGY STORAGE MANAGEMENT SYSTEM BATTERY ENERGY STORAGE SYSTEM(1) (2) BATTERY(IES) CELL COMMISSIONING DEDICATED-USE BUILDING(1) (2) (3) (4) (a) (b) ENERGY CODE FIRE CODE NATIONALLY RECOGNIZED TESTING LABORATORY (NRTL) NEC NFPA NON-DEDICATED-USE BUILDING NON-PARTICIPATING PROPERTY NON-PARTICIPATING RESIDENCE OCCUPIED COMMUNITY BUILDING PARTICIPATING PROPERTY UL UNIFORM CODE
Definitions. As used in this section, the following terms shall have the meanings indicated:
American National Standards Institute.
An electronic system that protects energy storage systems from operating outside their safe operating parameters and disconnects electrical power to the energy storage system or places it in a safe condition if potentially hazardous temperatures or other conditions are detected.
One or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a standalone twelve-volt car battery or an electric motor vehicle. A battery energy storage system is classified as a Tier 1 or Tier 2 battery energy storage system as follows:
Tier 1 battery energy storage systems have an aggregate energy capacity less than or equal to 600 kWh and, if in a room or enclosed area, consist of only a single energy storage system technology.
Tier 2 battery energy storage systems have an aggregate energy capacity greater than 600 kWh or are comprised of more than one storage battery technology in a room or enclosed area.
A single cell or a group of cells connected together electrically in series, in parallel, or a combination of both, which can charge, discharge, and store energy electrochemically. For the purposes of this section, batteries utilized in consumer products are excluded from these requirements.
The basic electrochemical unit, characterized by an anode and a cathode, used to receive, store, and deliver electrical energy.
A systematic process that provides documented confirmation that a battery energy storage system functions according to the intended design criteria and complies with applicable code requirements.
A building that is built for the primary intention of housing battery energy storage system equipment, is classified as Group F-1 occupancy as defined in the International Building Code, and complies with the following:
The building's only use is battery energy storage, energy generation, and other electrical-grid-related operations.
No other occupancy types are permitted in the building.
Occupants in the rooms and areas containing battery energy storage systems are limited to personnel that operate, maintain, service, test, and repair the battery energy storage system and other energy systems.
Administrative and support personnel are permitted in areas within the buildings that do not contain battery energy storage system, provided the following:
The areas do not occupy more than 10% of the building area of the story in which they are located.
A means of egress is provided from the administrative and support use areas to the public way that does not require occupants to traverse through areas containing battery energy storage systems or other energy system equipment.
The New York State Energy Conservation Construction Code adopted pursuant to Article 11 of the Energy Law, as currently in effect and as hereafter amended from time to time.
The fire code section of the New York State Uniform Fire Prevention and Building Code adopted pursuant to Article 18 of the Executive Law, as currently in effect and as hereafter amended from time to time.
A United States Department of Labor designation recognizing a private sector organization to perform certification for certain products to ensure that they meet the requirements of both the construction and general industry OSHA electrical standards.
National Electric Code.
National Fire Protection Association.
All buildings that contain a battery energy storage system and do not comply with the dedicated-use building requirements.
Any property that is not a participating property.
Any residence located on non-participating property.
Any building in Occupancy Group A, B, E, I, R, as defined in the International Building Code, including, but not limited to, schools, colleges, day-care facilities, hospitals, correctional facilities, public libraries, theaters, stadiums, apartments, hotels, and houses of worship.
A battery energy storage system host property or any real property that is the subject of an agreement that provides for the payment of monetary compensation to the landowner from the battery energy storage system owner (or affiliate) regardless of whether any part of a battery energy storage system is constructed on the property.
Underwriters Laboratory, an accredited standards developer in the United States.
The New York State Uniform Fire Prevention and Building Code adopted pursuant to Article 18 of the Executive Law, as currently in effect and as hereafter amended from time to time.
D.
Applicability.
(1)
The requirements of this section shall apply to all battery energy storage systems permitted, installed, or modified in the Town of Wilson after the effective date of this section, excluding general maintenance and repair.
(2)
Battery energy storage systems constructed or installed prior to the effective date of this section shall not be required to meet the requirements of this section.
(3)
Modifications to, retrofits or replacements of an existing battery energy storage system that increase the total battery energy storage system designed discharge duration or power rating shall be subject to this section.
E.
General requirements.
(1)
A building permit and an electrical permit shall be required for installation of all battery energy storage systems.
(2)
Issuance of permits and approvals by the Zoning Board of Appeals shall include review pursuant to the State Environmental Quality Review Act ECL Article 8 and its implementing regulations at 6 NYCRR Part 617 (SEQRA).
(3)
All battery energy storage systems, all dedicated-use buildings, and all other buildings or structures that:
(a)
Contain or are otherwise associated with a battery energy storage system; and
(b)
Subject to the Uniform Code and/or the Energy Code shall be designed, erected, and installed in accordance with all applicable provisions of the Uniform Code, all applicable provisions of the Energy Code, and all applicable provisions of the codes, regulations, and industry standards as referenced in the Uniform Code, the Energy Code, and the Town of Wilson Code.
F.
Permitting requirements for Tier 1 battery energy storage systems. Tier 1 battery energy storage systems shall be permitted in all zoning districts, subject to the Uniform Code and the "battery energy storage system permit," and exempt from site plan review.
G.
Permitting requirements for Tier 2 battery energy storage systems. Tier 2 battery energy storage systems are permitted through the issuance of a special use permit within all zoning districts, and shall be subject to the Uniform Code and the site plan application requirements set forth in this section.
(1)
Applications for the installation of Tier 2 battery energy storage system shall be:
(a)
Reviewed by the Zoning/Code Enforcement Officer for completeness. An application shall be complete when it addresses all matters listed in this section, including, but not necessarily limited to:
[1]
Compliance with all applicable provisions of the Uniform Code and all applicable provisions of the Energy Code; and
[2]
Matters relating to the proposed battery energy storage system and floodplain, utility lines and electrical circuitry, signage, lighting, vegetation and tree cutting, noise, decommissioning, site plan and development, special use and development, ownership changes, safety, and permit time frame and abandonment. Applicants shall be advised within 10 business days of the completeness of their application or any deficiencies that must be addressed prior to substantive review.
(b)
Subject to a public hearing to hear all comments for and against the application. The Zoning Board of Appeals of the Town of Wilson shall have a notice printed in a newspaper of general circulation in the Town of Wilson at least 10 days in advance of such hearing. Applicants shall have delivered the notice by first class mail to adjoining landowners or landowners within 200 feet of the property at least 10 days prior to such a hearing. Proof of mailing shall be provided to the Zoning Board of Appeals at the public hearing.
(c)
Referred to the Niagara County Planning Board pursuant to General Municipal Law § 239-m if required.
(d)
Upon closing of the public hearing, the Zoning Board of Appeals shall take action on the application within 62 days of the public hearing, which can include approval, approval with conditions, or denial. The sixty-two-day period may be extended upon consent by both the Zoning Board of Appeals and applicant.
(2)
Utility lines and electrical circuitry. All on-site utility lines shall be placed underground to the extent feasible and as permitted by the serving utility, with the exception of the main service connection at the utility company right-of-way and any new interconnection equipment, including, without limitation, any poles, with new easements and right-of-way.
(3)
Signage.
(a)
The signage shall be in compliance with ANSI Z535 and shall include the type of technology associated with the battery energy storage systems, any special hazards associated, the type of suppression system installed in the area of battery energy storage systems, and twenty-four-hour emergency contact information, including reach-back phone number.
(b)
(2) As required by the NEC, disconnect and other emergency shutoff information shall be clearly displayed on a light reflective surface. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.
(4)
Lighting. Lighting of the battery energy storage systems shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties.
(5)
Vegetation and tree cutting. Areas within 20 feet on each side of Tier 2 battery energy storage systems shall be cleared of combustible vegetation and other combustible growth. Single specimens of trees, shrubbery, or cultivated ground cover such as green grass, ivy, succulents, or similar plants used as ground covers shall be permitted to be exempt provided that they do not form a means of readily transmitting fire. Removal of trees should be minimized to the extent possible.
(6)
Noise. The one-hour average noise generated from the battery energy storage systems, components, and associated ancillary equipment shall not exceed a noise level of 60 dBA as measured at the outside wall of any non-participating residence or occupied community building. Applicants may submit equipment and component manufacturers' noise ratings to demonstrate compliance. The applicant may be required to provide operating sound pressure level measurements from a reasonable number of sampled locations at the perimeter of the battery energy storage system to demonstrate compliance with this standard.
(7)
Decommissioning.
(a)
Decommissioning plan. The applicant shall submit a decommissioning plan, developed in accordance with the Uniform Code, to be implemented upon abandonment and/or in conjunction with removal from the facility. The decommissioning plan shall include:
[1]
A narrative description of the activities to be accomplished, including who will perform that activity and at what point in time, for complete physical removal of all battery energy storage system components, structures, equipment, security barriers, and transmission lines from the site;
[2]
Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations;
[3]
The anticipated life of the battery energy storage system;
[4]
The estimated decommissioning costs and how said estimate was determined;
[5]
The method of ensuring that funds will be available for decommissioning and restoration;
[6]
The method by which the decommissioning cost will be kept current;
[7]
The manner in which the site will be restored, including a description of how any changes to the surrounding areas and other systems adjacent to the battery energy storage system, such as, but not limited to, structural elements, building penetrations, means of egress, and required fire detection suppression systems, will be protected during decommissioning and confirmed as being acceptable after the system is removed; and
[8]
A listing of any contingencies for removing an intact operational energy storage system from service, and for removing an energy storage system from service that has been damaged by a fire or other event.
(b)
Decommissioning fund. The owner and/or operator of the energy storage system shall continuously maintain a fund or bond payable to the Town of Wilson, in a form approved by the Town of Wilson, for the removal of the battery energy storage system, in an amount to be determined by the Town of Wilson, for the period of the life of the facility. All costs of the financial security shall be borne by the applicant.
(8)
Site plan application. For a Tier 2 battery energy storage system requiring a special use permit, site plan approval shall be required. Any site plan application shall include the following information:
(a)
Property lines and physical features, including roads, for the project site.
(b)
Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, and screening vegetation or structures.
(c)
A three-line electrical diagram detailing the battery energy storage system layout, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices.
(d)
A preliminary equipment specification sheet that documents the proposed battery energy storage system components, inverters and associated electrical equipment that are to be installed. A final equipment specification sheet shall be submitted prior to the issuance of building permit.
(e)
Name, address, and contact information of proposed or potential system installer and the owner and/or operator of the battery energy storage system. Such information of the final system installer shall be submitted prior to the issuance of building permit.
(f)
Name, address, phone number, and signature of the project applicant, as well as all the property owners, demonstrating their consent to the application and the use of the property for the battery energy storage system.
(g)
Zoning district designation for the parcel(s) of land comprising the project site.
(h)
Commissioning plan. Such plan shall document and verify that the system and its associated controls and safety systems are in proper working condition per requirements set forth in the Uniform Code. Where commissioning is required by the Uniform Code, battery energy storage system commissioning shall be conducted by a New York State (NYS) licensed professional engineer after the installation is complete but prior to final inspection and approval. A corrective action plan shall be developed for any open or continuing issues that are allowed to be continued after commissioning. A report describing the results of the system commissioning and including the results of the initial acceptance testing required in the Uniform Code shall be provided to the Zoning/Code Enforcement Officer prior to final inspection and approval and maintained at an approved on-site location.
(i)
Fire safety compliance plan. Such plan shall document and verify that the system and its associated controls and safety systems are in compliance with the Uniform Code.
(j)
Operation and maintenance manual. Such plan shall describe continuing battery energy storage system maintenance and property upkeep, as well as design, construction, installation, testing and commissioning information and shall meet all requirements set forth in the Uniform Code.
(k)
Erosion and sediment control and stormwater management plans prepared to New York State Department of Environmental Conservation standards, if applicable, and to such standards as may be established by the Planning Board.
(l)
Prior to the issuance of the building permit or final approval by the Zoning Board of Appeals, but not required as part of the application, engineering documents must be signed and sealed by a New York State licensed professional engineer.
(m)
Emergency operations plan. A copy of the approved emergency operations plan shall be given to the system owner, the local fire department, and local fire code official. A permanent copy shall also be placed in an approved location to be accessible to facility personnel, fire code officials, and emergency responders. The emergency operations plan shall include the following information:
[1]
Procedures for safe shutdown, de-energizing, or isolation of equipment and systems under emergency conditions to reduce the risk of fire, electric shock, and personal injuries, and for safe start-up following cessation of emergency conditions.
[2]
Procedures for inspection and testing of associated alarms, interlocks, and controls.
[3]
Procedures to be followed in response to notifications from the battery energy storage management system, when provided, that could signify potentially dangerous conditions, including shutting down equipment, summoning service and repair personnel, and providing agreed upon notification to fire department personnel for potentially hazardous conditions in the event of a system failure.
[4]
Emergency procedures to be followed in case of fire, explosion, release of liquids or vapors, damage to critical moving parts, or other potentially dangerous conditions. Procedures can include sounding the alarm, notifying the fire department, evacuating personnel, de-energizing equipment, and controlling and extinguishing the fire.
[5]
Response considerations similar to a safety data sheet (SDS) that will address response safety concerns and extinguishment when an SDS is not required.
[6]
Procedures for dealing with battery energy storage system equipment damaged in a fire or other emergency event, including maintaining contact information for personnel qualified to safely remove damaged battery energy storage system equipment from the facility.
[7]
Other procedures as determined necessary by the Town of Wilson to provide for the safety of occupants, neighboring properties, and emergency responders.
[8]
Procedures and schedules for conducting drills of these procedures and for training local first responders on the contents of the plan and appropriate response procedures.
[9]
Special use permit standards.
[a]
Setbacks. Tier 2 battery energy storage systems shall comply with the setback requirements of the underlying zoning district for principal structures.
[b]
Height. Tier 2 battery energy storage systems shall comply with the building height limitations for principal structures of the underlying zoning district.
[c]
Fencing requirements. Tier 2 battery energy storage systems, including all mechanical equipment, shall be enclosed by a six-foot-high fence with a self-locking gate to prevent unauthorized access unless housed in a dedicated-use building and not interfering with ventilation or exhaust ports.
[d]
Screening and visibility. Tier 2 battery energy storage systems shall have views minimized from adjacent properties to the extent reasonably practicable using architectural features, earth berms, landscaping, or other screening methods that will harmonize with the character of the property and surrounding area and not interfering with ventilation or exhaust ports.
[10]
Ownership changes. If the owner of the battery energy storage system changes or the owner of the property changes, the special use permit shall remain in effect, provided that the successor owner or operator assumes in writing all of the obligations of the special use permit, site plan approval, and decommissioning plan. A new owner or operator of the battery energy storage system shall notify the Zoning/Code Enforcement Officer of such change in ownership or operator within 30 days of the ownership change. A new owner or operator must provide such notification to the Zoning/Code Enforcement Officer in writing. The special use permit and all other local approvals for the battery energy storage system would be void if a new owner or operator fails to provide written notification to the Zoning/Code Enforcement Officer in the required time frame. Reinstatement of a void special use permit will be subject to the same review and approval processes for new applications under this section.
H.
Safety.
(1)
System certification. Battery energy storage systems and equipment shall be listed by a nationally recognized testing laboratory to UL 9540 (standard for battery energy storage systems and equipment) with subcomponents meeting each of the following standards as applicable:
(a)
UL 1973 (Standard for Batteries for Use in Stationary, Vehicle Auxiliary Power, and Light Electric Rail Applications).
(b)
UL 1642 (Standard for Lithium Batteries).
(c)
UL 1741 or UL 62109 (Inverters and Power Converters).
(d)
Certified under the applicable electrical, building, and fire prevention codes as required.
(e)
Alternatively, field evaluation by an approved testing laboratory for compliance with UL 9540 and applicable codes, regulations and safety standards may be used to meet system certification requirements.
(2)
Site access. Battery energy storage systems shall be maintained in good working order and in accordance with industry standards. Site access shall be maintained, including snow removal at a level acceptable to the local fire department and, if the Tier 2 battery energy storage system is located in an ambulance district, the local ambulance corps.
(3)
Battery energy storage systems, components, and associated ancillary equipment shall have required working space clearances, and electrical circuitry shall be within weatherproof enclosures marked with the environmental rating suitable for the type of exposure in compliance with NFPA 70.
I.
Permit time frame and abandonment.
(1)
The special use permit and site plan approval for a battery energy storage system shall be valid for a period of 24 months, provided that a building permit is issued for construction and construction is commenced. In the event construction is not completed in accordance with the final site plan, as may have been amended and approved, as required by the Zoning Board of Appeals, within 24 months after approval, the Town may extend the time to complete construction for 180 days. If the owner and/or operator fails to perform substantial construction after 30 months, the approvals shall expire.
(2)
The battery energy storage system shall be considered abandoned when it ceases to operate consistently for six months or more. If the owner and/or operator fails to comply with decommissioning upon any abandonment, the Town of Wilson may, at its discretion, enter the property and utilize the available bond and/or security for the removal of a Tier 2 battery energy storage system and restoration of the site in accordance with the decommissioning plan.
J.
Enforcement. Any violation of this Battery Energy Storage System Law shall be subject to the same enforcement requirements, including the civil and criminal penalties, provided for in Article XIII, Zoning/Code Enforcement.
K.
Severability. The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.
A.
General regulations.
(1)
Signs as an accessory use only. Signs are permitted as an accessory use only, not as a principal use.
(2)
Rules of measuring signs:
(a)
Back-to-back signs, identical signs arranged back to back or diverging by less than 30° from a common point, may be counted as one sign.
(b)
The area of a sign which consists of an insignia or other device but which has no frame shall be calculated as the smallest triangle, parallelogram or circle possible to enclose the insignia.
(3)
Certain signs and lighting prohibited. The use of moving signs or devices, self-illuminated signs (other than those with bulbs concealed behind translucent glass, plastic or similar material) and the use of flashing or intermittent lighting in connection with the signs shall not be permitted. Floodlights for the illumination of signs shall be so located and/or shielded so as not to interfere with the enjoyment of residential uses or to detract from the safety of motorists. Signs which, in the opinion of the Zoning/Code Enforcement Officer, are so similar to standard traffic signs as to cause confusion shall not be permitted.
(4)
Location.
(a)
Extension over public streets. Only the following signs may be placed in or extend over any public street: signs erected by a public agency or authorized on the public right-of-way by resolution of the Town Board.
(b)
Location in front yards. No sign shall be permitted in a front yard except as follows:
[1]
In any residential zone, permitted signs may be located in that portion of a front yard that is more than 15 feet from the street line; permitted signs may be located within 15 feet of the street line only if less than three square feet in area and less than three feet high; and identification and business signs existing on the effective date of this chapter relating to nonconforming uses and attached to and not extending more than 12 inches from the wall of a building occupied by the related use may remain if otherwise conforming.
[2]
In any commercial or industrial district, permitted identification and traffic direction signs, if less than six square feet in area and three feet in height, may be located in a required greenbelt, and one permitted sign not over 30 square feet in area may be located in a part of the front yard not in a required greenbelt, but no part of such sign shall extend more than five feet over the greenbelt.
(5)
Height. No sign shall exceed 25 feet in height or extend above the facade of a building to which it is attached.
(6)
Signs on vehicles. Vehicles bearing signs more than six square feet in area shall not be permitted to park, as a customary operation, in a residential district so as to be visible from a street.
B.
Signs in residential districts. In any residential district, the following signs and sign areas are permitted:
(1)
One bulletin board, not exceeding 20 square feet in area, for a church or other institutional use may be located in a required yard, but not closer than 15 feet to any street line.
(2)
Continuation of a previously existing business sign as a nonconforming sign in connection with a nonconforming use, but only in accordance with § 127-41.
(3)
One farm products sign in each direction of approach to a stand or farmhouse selling farm products and one at the stand, each sign not exceeding six square feet in area.
(4)
One home occupation sign not exceeding three square feet in area.
(6)
Real estate signs: one real estate sign not exceeding one square foot in area for each 20 linear feet of frontage or 10 square feet, whichever is lesser, on each street frontage when relating to the rent, lease or sale of the lot or buildings thereon. For a subdivision of land, one sign not exceeding 25 square feet may be permitted on each street frontage of the land being subdivided.
(7)
Special event signs: signs not exceeding 50 square feet in combined area on the premises of a special event as provided in § 127-24C.
(8)
Traffic information sign: one traffic information sign, not over three square feet in area or over three feet in height, at a driveway entrance or point of divergence of driveways.
C.
Signs in Neighborhood Commercial Districts. In any neighborhood commercial district, the following signs are permitted:
(1)
Signs as permitted in residential districts.
(2)
Business signs or identification signs not exceeding one square foot in area for every two linear feet of street frontage occupied, but not exceeding 60 square feet for any such sign when parallel to and flat against the facade of a building, and one freestanding business or identification sign not exceeding 15 square feet in area per street frontage.
D.
In any highway commercial, waterfront commercial or industrial district, the following signs are permitted:
(1)
Signs as permitted in residential districts, except that two times the sign area permitted in a residential district shall be permitted.
(2)
Business or identification signs as permitted in a neighborhood commercial district, except that the area of individual signs may be two times as large as in neighborhood commercial districts.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Title; purpose; definitions.
(1)
Title. This section shall be known and cited as the "Town of Wilson, New York, Mobile Home Park Ordinance."
(2)
Purpose. It is the purpose of this chapter to promote the health, safety, comfort, convenience and the general welfare of the community and to protect and preserve the property of the Town of Wilson and its inhabitants by regulating mobile home parks in the Town of Wilson, New York.
(3) HEALTH AUTHORITY INTERNAL STREET LICENSE MOBILE HOME LOT MOBILE HOME STAND PERMIT PERSON RIGHT-OF-WAY SERVICE OR RECREATIONAL BUILDING TOWN BOARD
Definitions. As used in this section, the following terms shall have the meanings indicated:
The legally designated health authority or its authorized representative of Niagara County, New York.
A paved road.
A written license issued by the Town Board allowing a person to operate and maintain a mobile home park under the provisions of this chapter and regulations issued hereunder.[1]
A parcel of land for the placement of a single mobile home and the exclusive use of its occupants.[2]
That part of an individual lot which has been reserved for the placement of the mobile home, appurtenant structures or additions.
A written permit issued by the authority permitting the construction, alteration and extension of a mobile home park under the provisions of this chapter and regulations issued hereunder.
Any individual, firm, trust, partnership, public or private association or corporation.
That portion of designated land set aside for the installation of utilities and/or sidewalks, curbs, gutters or other unrestricted uses.
A structure housing operational, office, recreational, park maintenance and other facilities, built to conform to required local standards.
The Supervisor and Councilmen of the Town of Wilson.[3]
B.
Permit application and procedure.
(1)
Preliminary application; fee. A preliminary application for a permit must be obtained from and filed with the Zoning/Code Enforcement Officer. A nonrefundable filing fee in an amount set by resolution of the Town Board will be retained by said Zoning/Code Enforcement Officer.
(2)
Contents of application; filing.
(a)
The application must contain a legal description of property on which the proposed park will be located.
(b)
Map.
[1]
A map must be enclosed with said application and must contain:
[a]
The location and widths of all entrances, exits, streets and walkways.
[b]
The location, size and arrangement of each lot within the park.
[c]
The method and plan for electric lighting of the park.
[d]
The location and plan of all proposed structures and improvements.
[e]
Any proposed grading and plans for landscaping.
[f]
Any proposed stormwater drainage.
[g]
Any proposed utilities.
[h]
Abutting property owners and present use of the property upon which the mobile home park will be constructed.
[i]
Any unusual special land features, such as streams, creeks, areas with steep slopes, etc.
[2]
This map should be prepared by a surveyor, engineer or other trained person and shall be drawn to a suitable scale and shall include the date, North point and scale.
(c)
Said application, when completed and filed and the fee deposited, will be forwarded to the Town Planning Board for review within 15 days before the next regularly scheduled Planning Board meeting.
(3)
Planning Board action.
(a)
The Planning Board, having received said application, will study the application and make recommendations thereto. The applicant or his representative may be requested to attend Planning Board meetings for further clarification of plot plan, etc.
(b)
The Planning Board will hold a public hearing prior to forwarding its recommendations to the Town Board.
(4)
Supplemental permits.
(a)
Any person holding a permit for a mobile home park and desiring to add additional lots to such park shall file an application for a supplemental permit.
(b)
The application for such supplemental permit must be accompanied by the same sets of plans and specifications as required for the initial permit in § 127-37.1B(2) of this chapter and shall be filed and handled according to the procedure established in that section of the chapter.
C.
Lot and location requirements; miscellaneous provisions.
(1)
Restrictions. No mobile home park shall be located or maintained in any district of the Town of Wilson, except in the UR 80, and as an extension of an existing mobile home park in the RR200 District as defined and established by the Zoning Ordinance of the Town of Wilson, as it may from time to time be amended. Both zones require a special use permit per § 127-23, Special uses.
(3)
Mobile home lots. Every lot shall meet the following minimum requirements:
(a)
Each mobile home lot shall have a total area of not less than 5,000 square feet where there are sewers and 10,000 square feet where there are no sewers, with a minimum dimension of 50 feet. There shall also be a land coverage of only 25% by buildings on a lot.
(b)
Only one mobile home shall be permitted to occupy any one lot.
(c)
The front yard setback depth from mobile home development interior street shall be 50 feet.
(d)
The front yard setback depth from mobile home development rights-of-way shall be five feet.
(e)
The front yard setback from a mobile home lot line shall be 15 feet.
(f)
The side yard setback from a mobile home lot line shall be 10 feet.
(g)
The rear yard setback depth from a mobile home lot line shall be 10 feet.
(4)
Accessory and service buildings.
(a)
Service buildings may be provided as deemed necessary for the normal operation of the park. Such buildings shall be maintained by the owner or manager of the park in a clean, sightly and sanitary condition.
(b)
One accessory building, factory-built, not to exceed 100 square feet in dimension, may be placed on each mobile home lot.
(5)
Mobile home stands.
(a)
Each mobile home lot shall have a mobile home stand which will provide for the practical placement on and removal from the lot of both a mobile home and its appurtenant structures and the retention of the home on the lot in a stable condition.
(b)
The stand shall be of sufficient size to fit the dimensions of the anticipated mobile homes and their appurtenant structures or appendages.
(c)
The stand shall be constructed of an appropriate nonporous material which is durable and adequate for the support of the maximum anticipated loads.
(d)
The stand shall be suitably graded to permit rapid surface drainage.
(6)
Skirts. Each mobile home owner shall be required to enclose the bottom portion of the mobile home with either a metal or wood skirt or other material, properly ventilated, within 60 days after arrival in park.
(7)
Concrete slab. Each mobile home lot shall be provided with one concrete slab for carport or patio use, the size of such slab to be not less than 10 feet by 20 feet. Such slab shall not be required until after the mobile home is in place.
(8)
Parking areas.
(a)
The equivalent of two parking spaces must be provided for each mobile home lot. These spaces must be off the interior streets. At least one of these spaces must be on the mobile home lot, while the other may be in one or more central parking lots.
(b)
Each parking space must have a minimum of 250 square feet.
(c)
If central parking areas are provided, they should be adequately lighted.
(9)
Sidewalks. Sidewalks will not be required, but if constructed must meet the approval of the Highway Superintendent.
(10)
Landscaping.
(a)
Screen planting shall be provided to screen objectionable views. Views which shall be screened include but shall not be limited to laundry facilities, other nonresidential uses, garbage storage and collection areas and all abutting yards of adjacent properties.
(b)
Other planting shall be provided along those areas within the park which front upon existing public highways and streets to reduce glare and provide pleasant outlooks for the living units.
(11)
Fire protection. Suitable fire apparatus and/or communication with the local Fire Department shall be provided.
(12)
Park communication systems. Public-address systems are prohibited. Intracommunication systems, if used, shall not be audible beyond park boundaries.
D.
Roadways.
(1)
Accessibility. Where a mobile home park has more than 20 mobile homes, two points of entry and exit shall be provided.
(a)
Such entrances and exits shall be designed and strategically located for the safe and convenient movement into and out of the park and to minimize friction with the free movement of traffic on public highways or streets.
(b)
All entrances and exits shall be at right angles to the existing public highway or street.
(c)
All entrances and exits shall be free of any material which would impede the visibility of the driver on a public highway or street.
(d)
All entrances and exits shall be of sufficient width to facilitate the turning movements of vehicles with mobile homes attached.
(e)
Entrance roads connecting the mobile home park with public roads shall have a minimum road width of four rods. Construction shall be acceptable to the Highway Superintendent.
(2)
Internal streets.
(a)
The width of all internal streets must be a minimum of four rods, 20 feet of which must be paved.
(b)
There shall be no closed-end streets.
(c)
All streets shall be constructed of blacktop or its equivalent and shall be designed, graded and leveled so as to permit the safe passage of emergency and other vehicles at a speed of 15 miles per hour.
(3)
Utility easements.
(a)
A landscaped utility easement may be provided along the rear of each mobile home lot. Such easement shall be not less than 10 feet in width, and the area of such easement shall be in addition to minimum-lot-size requirements. No permanent structures other than walkways, benches, recreational facilities, picnic areas and lighting systems shall be located within the utility easement, and those permitted structures shall be located in such a manner as not to impede maintenance of the underground facilities.
(b)
All utilities, including electric power, telephone, gas and central television shall be located underground.
(c)
Streetlights shall be provided on all interior streets and central parking areas.
E.
Water; sewage; garbage.
(1)
Water. The mobile home park shall be connected to the public water facility unless the Town Board deems otherwise, and a water line shall be provided for each mobile home lot.
(2)
Sewage.
(a)
An adequate and approved system shall be provided in the park for conveying and disposing of sewage from mobile homes and service buildings. Such systems must be designed, constructed and maintained in accordance with Department of Health standards.
(b)
Sewer lines of the mobile home park shall be connected to the public sewer, and proposed sewage facilities shall be approved by the Niagara County Health Authority prior to construction.
(c)
Storm drainage pipes, ditches, etc., may be required if requested by the Planning Board.
(3)
Garbage and refuse disposal. The mobile home park shall provide sanitary equipment to prevent littering of the grounds and premises with rubbish, garbage or refuse. Each mobile home shall have containers with tightly fitting covers. Regular disposal shall be provided for all rubbish, trash and garbage.
F.
Electrical systems.
(1)
General requirements. The park shall contain an electrical wiring system consisting of wiring fixtures, equipment and appurtenances which shall be installed and maintained in accordance with local electric power company's specifications and regulations. All wiring fixtures and connections must have the New York State Underwriters' approval.
G.
Fuel supply and storage.
(1)
Fuel oil.
(a)
All fuel oil tanks shall be placed at the rear of mobile homes and not located less than five feet from any exit.
(b)
Individual fuel tanks will be buried or acceptably concealed.
(c)
A central storage tank is recommended, acceptably concealed.
(d)
Supports or standards for fuel storage tanks are to be of a noncombustible material.
(3)
Liquefied gas.
(a)
Such system shall be provided with safety devices to relieve excessive pressures and shall be arranged so that discharge terminates at a safe location.
(b)
Systems shall have at least one accessible means for shutting off gas. This means shall be located outside of individual mobile homes.
(c)
All liquid propane gas piping shall be well supported and protected against mechanical injury.
(d)
Storage tanks shall not be less than 100 pounds and must be located at the rear of the mobile home and no closer than five feet from any exit and acceptably concealed.
(e)
A central storage tank is recommended, to be acceptably concealed.
H.
Recreational areas and open space.
(1)
Requirements.
(a)
Every mobile home park shall have a minimum of 5,000 square feet of recreation area for the public use of persons living in the park, and no less than 200 square feet per mobile home.
(b)
The Planning Board, as a condition of approval, may establish such conditions on the ownership, use and maintenance of open spaces as it deems necessary to ensure the preservation of such open spaces for their intended purpose.
(c)
It is recommended that this recreation area be centrally located, but other areas may be better utilized for this purpose, depending upon topography and location of the mobile home park.
I.
Operation and maintenance; management.
(1)
Issuance of license; fee. After such time that all rules, regulations, codes and provisions of the Zoning Ordinance have been met, the Town Zoning/Code Enforcement Officer of Wilson, New York, will issue a license for the operation and maintenance of a mobile home park. Said applicant will file a licensing fee in an amount set by resolution of the Town Board. Said license is for a twelve-month period from the date of issue.
(2)
License renewal. Approval of the license renewal shall be automatic upon a demonstration that the design and maintenance of the park is in accordance with the requirements at the time of initial approval. The renewal fee shall be in an amount set by resolution of the Town Board.
(3)
Transfer of license. The license is transferable upon written notification and approval of the Town Board. The transfer fee shall be in an amount set by resolution of the Town Board.
(4)
Inspection. Any member of the Town Board, Zoning/Code Enforcement Officer or its designated health authority may inspect the mobile home park at reasonable intervals and at reasonable times to determine compliance with this chapter.
(5)
Appeal. Failure of the Zoning/Code Enforcement Officer to grant or renew a license shall be subject to appeal, as set forth in New York State law.
(6)
Duties of management; occupancy permit.
(a)
The park owner or manager shall keep a register of the year, make, serial number and size of each mobile home in the park. The names, addresses and date of arrival of the mobile home owners should also be in this register, along with an occupancy permit.
(b)
The person or persons to whom a license has been issued shall operate the park in compliance with this chapter and shall provide adequate supervision to maintain the park, its facilities and equipment in good repair and in a clean and sanitary condition.
(c)
The charge for an occupancy permit will be $10. A new permit will be required each time there is a change in tenant.
J.
Enforcement.
(1)
Prevalence of higher standards.
(a)
The provisions of this chapter shall supersede local laws, ordinances, codes or regulations to the extent that such laws, ordinances, codes or regulations are inconsistent with the provisions of this chapter, provided that nothing herein contained shall be construed to prevent the adoption and enforcement of a law, ordinance or regulation which is more restrictive or establishes a higher standard for mobile home parks than those provided in this chapter, and such more restrictive requirement or higher standard shall govern during the period in which it is in effect.
(b)
In a case where a provision of this chapter is found to be in conflict with a provision of a zoning, building, electrical, plumbing, fire safety, health, water supply or sewage disposal law or ordinance or regulation adopted pursuant thereto, or other local law, ordinance, code or regulation, the provisions or requirement of which is more restrictive or which establishes a higher standard shall prevail.
(2)
In a case where a provision of this chapter is found to be in conflict with a provision of a zoning, building, electrical, plumbing, fire safety, health, water supply or sewage disposal law or ordinance or regulation adopted pursuant thereto, or other local law, ordinance, code or regulation, the provisions or requirement of which is more restrictive or which establishes a higher standard shall prevail.
(3)
Inspections; revocation or suspension of permit; penalties for offenses.
(a)
The Zoning/Code Enforcement Officer shall have the authority to enter and inspect, for health and sanitation purposes, any facility licensed hereunder at any reasonable time. If, upon inspection, it shall be found that the licensee has violated any provision of this chapter, the Zoning/Code Enforcement Officer shall have the power to revoke or suspend such license and order the mobile home park removed or the mobile home park closed after notice and an opportunity to be heard.
(b)
Penalties.
[1]
A violation of any provision of this chapter is hereby declared to be an offense punishable by:
[a]
A fine not to exceed $350 for a conviction of a first offense.
[b]
For a conviction of a second offense, both of which were committed within a period of five years, punishable by a fine of not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both.
[c]
Upon conviction of a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine of not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both.
[2]
Each week's continued violation shall constitute a separate additional violation.
[3]
For the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this section shall be deemed misdemeanors, and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
Severability. The provisions of this section are declared severable, and if any section or subsection of this section is held to be invalid, such validity shall not affect the other provisions of this section that can be given effect without the invalidated provision.
B. PARTY or EVENT SHORT-TERM RENTAL
Definitions. As used in this section, the following terms shall have the meanings indicated:
Inviting in or otherwise hosting six or more nonoccupants at short-term rental property by, on behalf of, or for the benefit of a short-term rental tenant for the purposes of celebrating or commemorating a particular occurrence, occasion, or otherwise for socialization.
Any portion of real property rented for compensation in exchange for lodging for a period of not more than 31 consecutive days. This may include campgrounds, tent sites or tent platforms and other temporary structures on the parcel, including, but not limited to, rentals provided by such companies as Airbnb and Vrbo. For the purpose of this section, the term "short-term rental" shall not include a bed-and-breakfast, boardinghouse/lodging house, hotel, motel, or ongoing month-to-month tenancies.
C.
Presumption of dwelling unit as short-term rental property.
(1)
The presence of the following shall create a presumption that all or a part of the property is being used as a short-term rental:
(a)
All or part of the property is offered for lease on short-term rental website or platform, including, but not limited to, Airbnb, HomeAway and Vrbo, for a rental period of less than 31 days; and/or
(b)
All or a part of the property is offered for lease for a period of 31 days or less through any form of advertising.
(2)
The foregoing presumptions may be rebutted by evidence presented to the Zoning/Code Enforcement Officer that the premises is not operated as a short-term rental.
D.
Permit required.
(1)
Owners shall not use their property as a short-term rental without obtaining a revocable short-term rental permit.
(2)
A short-term rental permit shall be valid for one year and must be renewed 30 days prior to expiration of current permit if the premises is to continue to operate as a short-term rental.
(3)
The short-term rental permit is not transferable to a new owner. The new owner of the premises subject to an existing short-term rental permit must file a new permit application in order to continue short-term rental use.
(4)
Notwithstanding the foregoing, those properties with short-term rental commitments existing on the date this section takes effect shall be permitted to honor such existing commitments and continue to make commitments for short-term rentals, but must apply for a permit within 60 days of this section's effective date for all future short-term rental commitments. In the event such application is denied, all commitments shall be canceled.
E.
Short-term rental permit application requirements.
(1)
Applications for a short-term rental permit may be obtained from the Town of Wilson Zoning/Code Enforcement Officer. Short-term rental permit applications shall be submitted to the Zoning/Code Enforcement Officer, accompanied by payment of a nonrefundable permit fee to be determined from time to time by resolution of the Town Board. The application shall include the following.
(2)
All completed applications are subject to a floor plan review and approval by the Zoning/Code Enforcement Officer.
(a)
The signatures of all owners or their designated agents.
(b)
A statement authorizing the Zoning/Code Enforcement Officer to inspect the property to ensure compliance with all requirements and standards contained within this section.
(c)
An acknowledgment of present and ongoing compliance with the short-term rental standards as defined in this section, including, but not limited to, the demonstration of adequate off-road parking spaces for the proposed short-term rental.
(d)
An acknowledgment of present and ongoing compliance with all Town zoning codes.
(e)
A list of each property owner and the name of any property manager or management agency managing the property, including names, addresses, telephone numbers and email addresses of each.
(f)
The names, addresses, telephone numbers and email addresses of primary and secondary alternate agents, who shall be responsible and authorized to act on the owners' behalf to promptly remedy any violation of the standards outlined in this section. These contact people may be an owner or an agent designated by the owner(s) to serve as a contact person and shall be able to respond on site and in person to an emergency correspondence or concern from the Zoning/Code Enforcement Officer within 30 minutes.
(g)
An accurate suitable floor plan for each level of the dwelling that can be occupied measuring at least 8.5 inches by 11 inches, drawn to scale and certified by the applicant. The floor plan does not need to be prepared by a licensed professional, but must include the following:
[1]
The location of building, property lines, any septic system and required parking.
[2]
Basement: location of house utilities and all rooms, including bedrooms, windows, exits and any heating or cooling units.
[3]
First floor: all rooms, including bedrooms, windows, exits and any heating or cooling units.
[4]
Second floor (if present): all rooms, including bedrooms, windows, exits and any heating or cooling units.
[5]
Attic (if present): all rooms, including bedrooms, windows, exits and any heating or cooling units.
(3)
Owners wishing to apply for a variance relating to sleeping capacity, parking capacity or other standards stated in this section must seek a variance from the Zoning Board of Appeals. Variance applications will be reviewed by the Zoning Board of Appeals in accordance with § 127-45 of Wilson Town Code and applicable New York State statutes regarding the issuance of a variance.
F.
Short-term rental standards.
(1)
Property requirements.
(a)
Short-term rental applications can be sought for all conforming lots in all zoning districts within the Town of Wilson.
(b)
The property must comply and meet all current NYS uniform building codes. There shall be one working smoke detector in each sleeping room and one additional smoke detector on each floor. Carbon monoxide detectors shall be installed as required by the New York State Uniform Fire Prevention and Building Code.
(c)
Evacuation procedures must be posted in each sleeping room to be followed in the event of a fire or smoke condition or upon activation of a fire or smoke defector or other alarm device.
(d)
There shall be an ABC fire extinguisher on each floor and in the kitchen. Fire extinguishers shall be inspected prior to a renter occupying the property and no less than monthly by the permit holder(s) to ensure each contains a full charge. An annual inspection should be by a licensed agency and along with the monthly inspection should be recorded on the attached tag by the owner and/or owner's authorized agent. A record of the inspections initialed by the permit holder shall be maintained and made available to the Zoning/Code Enforcement Officer upon request.
(e)
The house number shall be located both at the road and on the dwelling unit so that the house number is clearly visible from both the road and the driveway. Requirements shall follow those of the Residential Code of NYS.
(f)
Exterior doors shall be operational and all passageways to exterior doors shall be clear and unobstructed.
(g)
The electrical system panel and branch circuits should be inspected by a licensed electrical inspector with a certificate of compliance issued and displayed on the panel at the time of application. Electrical systems shall be maintained in good operating condition, labeled, unobstructed and shall be visible for the Zoning/Code Enforcement Officer during the permitting and renewal process. Any defects found shall be corrected prior to permit issuance.
(h)
All fireplaces shall comply with all applicable laws and regulations.
(i)
The property must have a minimum of one off-road parking space for every two permitted occupants. Parking facilities shall be shown on the site plan included with the application.
(j)
Maximum occupancy for each short-term rental unit shall not exceed two people per NYS Building Code compliant bedroom shown on the floor plan included with the application and two people maximum per full-size convertible sleeping accommodation furniture (i.e., futon, hide-a-bed) also identified on the floor plan. A max of one such convertible sleeping accommodation is allowed per property. The maximum occupancy of a short-term rental unit shall not exceed 12 people, including permanent residents and renters.
(k)
In the event that the property has a septic system, the maximum occupancy shall be defined by the capabilities of the septic system, but in no event shall overnight occupancy for any short-term rental unit exceed 12 people total.
(l)
A septic system at the property must meet all state and County requirements including minimum capacities to meet the permitted occupant load.
(m)
The septic system must have been pumped within the past four years and proof of pumping and satisfactory inspection by a qualified septic disposal firm shall be available to the Zoning/Code Enforcement Officer. Once a short-term rental permit is issued, the septic system must be pumped at least once every four years.
(n)
The water supply to the property must meet all state and County requirements.
(o)
No sign advertising the short-term rental shall be allowed on the property.
(p)
A sign no larger than 8.5 inches by 11 inches shall be installed in a weatherproof enclosure outside of the main door with emergency contact information/phone numbers for the property owner as well as the primary and secondary alternate agents.
(2)
Insurance standards. All applicants and permit holders must provide evidence of property insurance and a certificate of liability insurance indicating the premises is rated as a short-term rental and maintain such insurance throughout the term of the short-term rental permit. Minimum general liability coverage for any short-term rental property shall be $1,000,000.
(3)
Provisions shall be made for weekly garbage removal during rental periods in conformance with Town of Wilson standard agreement for residential properties. Garbage containers shall be secured with tight-fitting covers at all times to prevent leakage, spilling or odors, and placed where they are not clearly visible from the road except at approximate pickup time. Containers shall be replaced in the approved storage area within 24 hours of the collection time. Garbage generated in excess of the Town's standard shall be removed from the property by the owner or the renter.
(4)
Rental contract. All applicants and permit holders must have a rental contract, which includes the following:
(a)
Maximum property occupancy;
(b)
Maximum on-site parking provided; and
(c)
Good neighbor statement stating:
[1]
The short-term rental is in a residential area in the Town of Wilson and that renters should be considerate of the residents in neighboring homes;
[2]
Guests are requested to observe quiet hours from 11:00 p.m. through 7:00 a.m.;
[3]
All renters will be subject to New York Penal Law § 240.20 or any successor;
[4]
Littering is illegal; and
[5]
Recreational campfires must be attended.
G.
Abbreviated procedure for special use permit.
(1)
Applicant inquiry with the Wilson Zoning/Code Enforcement Officer to obtain requirements checklist, copy of this section of the Town Code and application.
(2)
Short-term applications shall be filed with the Zoning/Code Enforcement Officer with all supporting documentation and nonrefundable permit fee. Only completed applications will be accepted by the Zoning/Code Enforcement Officer. The Zoning/Code Enforcement Officer may decline to accept an application for consideration for any for any of the following reasons.
(3)
Upon receipt of a completed short-term rental permit application, adjacent property owners within a 200-foot radius of the short-term rental property will be notified of the application by the Town of Wilson.
(4)
Upon the Zoning/Code Enforcement Officer's acceptance of the completed permit application, the Zoning/Code Enforcement Officer shall have 30 days to conduct a property inspection to certify and approve that all short-term rental requirements have been met.
H.
Conformity and display of permit.
(1)
Short-term rental permits are subject to continued compliance with the requirements of these regulations.
(a)
If the Zoning/Code Enforcement Officer has probable cause to believe that the homeowner is not in compliance with the provisions of this section, the Zoning/Code Enforcement Officer may request permission from an owner of the short-term rental permit to enter the premises and to conduct an inspection of the short-term rental property for purposes of ensuring compliance with this section. If the property owner refuses to permit the Zoning/Code Enforcement Officer to inspect the property, the permit will be revoked. If an inspection authorized herein is conducted, the Zoning/Code Enforcement Officer shall use the results of such inspection in determining whether to revoke the permit.
(b)
The short-term rental permit, maximum occupancy limit, maximum parking, contact form and standards shall be prominently displayed inside and near the front entrance of the short-term rental.
(c)
The short-term rental permit holder shall ensure that current and accurate information is provided to the Zoning/Code Enforcement Officer and that they notify the Zoning/Code Enforcement Officer immediately of any change in the information displayed on the permit. If, based on such changes, the Zoning/Code Enforcement Officer issues an amended short-term rental permit, the owners must immediately post the amended permit inside and near the front entrance of the short-term rental.
(d)
The short-term rental permit holder must conspicuously display the short-term rental permit number in all advertisements for the applicable short-term rental.
I.
Penalties for offenses; enforcement.
(1)
Violations of this section or of any short-term rental permit issued pursuant to this section shall be subject to enforcement and penalties prescribed in this section.
(2)
If the Zoning/Code Enforcement Officer either witnesses or receives a written or verbal complaint of an alleged violation of this section or of any short-term rental permit issued pursuant to this section, the Zoning/Code Enforcement Officer shall properly record such complaint and immediately investigate the report thereon. If the Zoning/Code Enforcement Officer determines there is a violation of this code, the owners shall be notified by any appropriate means necessary based on the severity of the violation. A hard copy of the violation shall be provided, in writing, by first-class mail and certified return receipt mail of said violations. In the event of any violation, the Zoning/Code Enforcement Officer may take any or all of the following actions:
(a)
Attach conditions to the existing short-term rental permit.
(b)
Suspend the short-term rental permit. The notice of suspension shall be provided to the property owner and a copy filed with the Town Clerk.
(c)
Require corrective action that remedies the violation(s). The corrective action must be completed and approved within 30 days of notice from the Zoning/Code Enforcement Officer or the owner risks revocation of the short-term rental permit.
(d)
Issue a court appearance ticket for violation of a Town law.
(e)
Revoke the short-term rental permit. Should a permit be revoked, all owners of the short-term rentals are prohibited from obtaining a short-term rental permit on the property for one year after the date of revocation. The Zoning/Code Enforcement Officer shall send notices of revocation to property owners and shall file a copy with the Town Clerk. If the property owner has an additional permitted short-term rental property, the Zoning/Code Enforcement Officer shall carry out an inspection of said properties. The property owners will be responsible for paying additional fees per inspection for each property.
J.
Application for renewal of permit.
Renewal permits will be granted for a one-year term if the following conditions are met:
(1)
Application for renewal of the short-term rental permit shall be made 30 days prior to expiration of current permit and requires payment of renewal fee.
(2)
At the time of application for renewal, the owner or designated agent must present the previous permit for short-term rental.
(3)
The property must have undergone an inspection performed by the Zoning/Code Enforcement Officer.
(4)
Any violations must be remedied prior to renewal of a permit for short-term rental.
(5)
If any of the above conditions are not met, an application must be submitted for a new permit.
K.
Grounds for suspension or revocation of permit.
The Zoning/Code Enforcement Officer may immediately suspend a short-term rental permit based on any of the following grounds:
(1)
Applicant has falsified or failed to provide information in the application for a permit or the application for permit renewal.
(2)
Applicant failed to meet or comply with any of the requirements of this section.
(3)
Owner or guests are in violation of any provision of the Code of the Town of Wilson.
(4)
Owner or guests have violated any provision of the Penal Code of the State of New York, when such violation occurred at, or is related to, the occupancy of the short-term rental.
(5)
Any conduct on the premises which disturbs the health, safety, peace or comfort of the neighborhood or which otherwise creates a public nuisance.
(6)
Removal or disrepair of any safety devices such as, but not limited to, smoke and carbon monoxide detectors, fire extinguishers and egresses.
(7)
Any incident occurring at the property that requires involvement of the state or local police.
(8)
Inability of Town official or law enforcement to contact the owner or any identified contacts provided per § 127-37.2E(2)(f).
L.
Appeals and hearings. The property owner is entitled to appeal the Zoning/Code Enforcement Officer's determination to the Zoning Board of Appeals when a property owner's application for a short-term rental permit or a short-term rental permit renewal is denied or a short-term rental permit is revoked. A notice of appeal shall be filed with the Town Clerk and the Zoning Board of Appeals within 60 days of the Zoning/Code Enforcement Officer's filing of the denial or revocation with the Town Clerk. A hearing shall be held by the Zoning Board of Appeals not more than 45 days after the filing of the notice of appeal.
M.
Limitations.
(1)
RVs/motorhomes shall not be used as standalone short-term rental properties or used to supplement the maximum occupancy of the property.
(2)
Only one structure per property shall be permissible as a short-term rental.
(3)
Maximum permitted occupant load shall be determined by the most restrictive requirements for number of compliant bedrooms/alternate sleeping accommodation, number of available parking spaces, or the capacity of the sewer disposal system, as applicable.
N.
Information package to applicants. An information package shall be made available to all applicants seeking to apply for a permit. The package shall include, but not be limited to, the Town of Wilson law for short-term rentals, inspection checklist, contact information form to provide emergency contact phone numbers for the property owner, the primary alternate contact, and the secondary alternate contact, rental contract form, and good neighbor form.
O.
Information to be permanently displayed at property. Any approved short-term rental shall prominently display the following:
P.
Severability. The provisions of this section are declared severable, and if any section or subsection of this section is held to be invalid, such validity shall not affect the other provisions of this section that can be given effect without the invalidated provision.