The following provisions are the use regulations for a cellular telecommunications
facility. The Town will generally permit no more than four towers
in the existing boundaries of the Town. However, this number can be
increased by the Planning Board through site plan review.
Cellular telecommunications facilities may be permitted in all districts
by special use permit. The special use permit format allows the Town
to deal with each application on a case-by-case basis, and through
the process will be able to attach reasonable conditions to the granting
of the special use permit.
The following general provisions apply to all cellular telecommunications facilities which include tower and antenna. These general standards are in addition to the provisions for the particular applications specified in Subsection A(4) and (5) below:
All applicants must provide for co-location on their tower and
to provide a base of sufficient size, strength and structure to support
a 160-foot tower.
A six-to-eight-foot-high security fence shall completely surround
the tower and guy wires if used. The equipment and/or equipment building
should be located inside the security fence.
An evergreen screen that consist of either a hedge variety,
planted three feet on center maximum, or a row of evergreen trees
planted 10 feet on center maximum.
Towers and antennas shall be designed to withstand inclement
weather conditions indigenous of this area, i.e., wind gusts, icing
caused by freezing rain or melting snow, etc.
Nonresidential districts. A cellular telecommunications facility
shall be permitted in the Light Industrial, Special Light Industrial,
Light Commercial, and Medium Commercial Districts, subject to the
following conditions:
The existing use on the property may be any permitted use in
the Town or any lawful nonconforming use and need not be affiliated
with the cellular telecommunications provider.
Minimum lot area. The minimum lot area shall be the area needed
to accommodate the tower (guy wires if used), the equipment and/or
the equipment building, a fall zone, security fence, and evergreen
plantings.
Access. The vehicular access to the equipment building and tower
shall be provided and maintained by the tower owner and be of sufficient
width and thickness to provide access to emergency vehicles.
Combined with a nonresidential use. An antenna may be attached
to a nonresidential building or a structure that is a permitted use
in the district. This includes but is not limited to a place of assembly,
a municipal or governmental building or facility, agricultural building,
or a building or structure owned by a utility. If the applicant proposes
to locate the telecommunications equipment in a separate building,
the building shall comply with all requirements as set forth for that
given district.
Tower permit application. Any company or governmental agency considered
to be an essential service by federal definition may apply to the
Town for a special use permit to construct a tower.
Town-supplied site plan review application as required under § 247-54 (Site plan review; performance and design standards and associated fee). See the Town of Pendleton Fee Schedule, adopted by the Town Board by resolution, as may be amended from time to time.
Proof of the landowner's consent as demonstrated by a lease
agreement or equivalent if the applicant will not own the property.
The stated lease agreement or equivalent must be approved by the Town
Attorney.
A survey of the property which includes all structures, easements,
waterways, ditches (open or piped) on the property on the day of application.
The survey should also include:
A special use permit issued by the Town Board is required upon approval
of the site plan and is subject to an annual review by the Town Board
to ensure that all of the provisions listed herein are being adhered
to. The Planning Town will have discretion to revoke the special use
permit due to noncompliance and establish a time frame to correct
the violation(s).
The Town may require a sufficient distance, in addition to the fall
zone, from adjacent property lines and/or structures to prevent damage
from falling ice.
Safety. Upon written request from the Town, the applicant shall provide
certification from a qualified licensed engineer that the tower meets
all applicable structural safety standards.
The applicant will agree to remove the tower in total which includes
the base, guy anchors, equipment, and/or buildings within a one-year
time frame commensurate with the date said tower ceases to be used
and/or termination of the aforementioned lease (or equivalent), if
applicable.
Purpose. The purpose of this section is to provide standards for
RWECS designed for home and/or farm wind energy conversion system
use on the same parcel, and that they are primarily used to reduce
consumption of utility power at that location. The Town of Pendleton
is primarily responsible for promoting the health, safety and general
welfare of its residents and the environmental quality of its lands.
This section is designed to preserve and protect the quality of life
and the quality of the environment within the borders of the Town
of Pendleton and to ensure that the health, safety, and general welfare
continue to exist at the highest level and standards which the Town's
residents have consistently required and expect.
The intent of this section is to protect the Town's interest
in properly siting all residential wind energy turbines and/or similar
facilities in accordance with approved plans. Site plan approval is
not required for farm operations located within an agricultural district.
A wind energy conversion system consisting of one wind turbine,
one tower, and associated control or conversion electronics and is
intended to solely supply electrical power for use on the subject
property.
Any piece of electricity-generating equipment that converts
wind energy into electrical energy through the use of airfoils, rotating
turbine blades, or similar devices to capture the wind.
The applicant shall file a site plan review application with the
Planning Board. If the property owner is not the applicant, the application
shall include a letter or other written permission signed by the property
owner confirming that the property owner is familiar with the proposed
application and authorizing the submission of the application.
Drawing title including: name of project, name and address of
applicant and person who prepared the drawings, North point, scale,
legend, location map and date.
Property survey of proposed project, including dimensions, angles
and acreage plotted to scale. Also show adjoining properties, owner
names and addresses, and buildings within 500 feet of project boundary.
Street name, right-of-way and pavement width of all existing
streets on or adjacent to the site, also including the location of
adjacent or abutting driveways and street intersections.
Proposed building locations, building setbacks and minimum zoning
setbacks, side yard dimensions, space between buildings, green areas,
parking areas and ingress and egress identified.
All existing watercourses, tree masses and other natural features,
elevation of water in existing watercourses and proposed and existing
base flood elevations (100-year if in a flood hazard area).
Visual impact study of the proposed RWECS as installed, which
may include a computerized photographic simulation, demonstrating
any visual impacts from strategic vantage points. Color photographs
of the proposed site from at least two 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.
Vertical drawing of the RWECS showing total height, turbine
dimensions, tower and turbine colors, ladders, distance between ground
and lowest point of any blade, location of climbing pegs and access
doors.
Location of all aboveground utility lines on the site or within
one radius of the total height of the RWECS, transformers, power lines,
interconnection point with transmission lines and other ancillary
facilities or structures shall be shown.
Within 62 days after the public hearing, the Planning Board may approve,
approve with conditions or deny the site plan review application.
Denial of the application shall be by written decision based upon
substantial evidence submitted to the Planning Board. Upon approval,
the applicant shall obtain a building permit for the RWECS.
Special use permit. A special use permit issued by the Town Board
is required upon approval of the site plan and is subject to an annual
review by the Town Board. Town Board review will be undertaken to
ensure that all provisions listed herein are being adhered to. The
Town Board will have discretion to revoke the special use permit due
to noncompliance and establish a time frame to correct the violation(s).
All RWECS shall be set back from rights-of-way, easements, public
ways, power lines, and any preexisting structures by a distance of
at least equal to its fall zone.
Exterior lighting, other than the conventional lighting for maintenance
purposes, on any structure associated with the RWECS shall not be
allowed except that which is specifically required by the Federal
Aviation Administration.
No brand names, logos or advertising shall be placed or painted on
the tower, rotor, generator, or tail vane where it would be visible
from the ground, except that a system's or tower's manufacturer's
logo may be displayed on a system generator housing in an unobtrusive
manner.
All wind turbines shall be equipped with an automatic braking, governing,
or feathering system to prevent uncontrolled rotation, overspeeding
and excessive pressure on the tower structure, rotor blades, and turbine
components, or nacelles. This should meet or exceed the industrial
standards for the size of the system and be certified by the manufacturer.
The applicant shall have a manual filed with the Town Clerk also showing
any revisions.
No RWECS shall be installed in any location where its proximity to
existing fixed broadcast, retransmission or reception antenna for
radio, television or wireless phone or other personal communication
systems would produce electromagnetic interference with signal transmission
or reception. No RWECS shall be installed in any location along the
major axis of an existing microwave communication link where its operation
is likely to produce electromagnetic interference in the link's
operation. If it is determined that a RWECS is causing electromagnetic
interference, the property owner shall take the necessary corrective
action to eliminate this interference, 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 RWECS building permit and approval for the RWECS causing the
interference.
Color. The color of all RWECS shall be reviewed as environmentally
appropriate subject to Planning Board approval. The RWECS tower and
blades shall be painted a nonreflective, unobtrusive color that blends
the system and its components into the surrounding landscape to the
greatest extent possible and shall incorporate nonreflective surfaces
to minimize negative visual impact.
The design of RWECS buildings and related structures shall,
to the extent reasonably possible, use materials, colors, textures,
screening, and landscaping that will blend the facility to the natural
setting and the existing environment.
All monopole towers must be unclimbable by design and protected
by anticlimbing devices, as per industrial standards or climbing apparatus
to prohibit access no lower than 12 feet from the ground.
Anchor points for any guy wires for a system tower shall be
located within the property that the system is located on and not
on or across any aboveground electric transmission or distribution
lines. The point of attachment for the guy wires shall be enclosed
by a fence six feet high or sheathed in bright orange or yellow covering
to eight feet above the ground. The minimum setback for the guy wire
anchors shall be 10 feet from the property boundary.
Certification of structural components. The foundation, tower
and compatibility of the tower with the rotor and rotor-related equipment
shall be certified in writing by a structural engineer registered
in New York State. The engineer shall certify compliance with good
engineering practices and compliance with the appropriate provisions
of the Uniform Construction Code that have been adopted in New York
State.
Certification of electrical system. The electrical system shall
be certified in writing by an electrical engineer registered in New
York State. The engineer shall certify compliance with good engineering
practices and with the appropriate provisions of the electrical code
that have been adopted by New York State.
Certification of rotor overspeed control. The rotor overspeed
control system shall be certified in writing by a mechanical engineer
registered in New York State. The engineer shall certify compliance
with good engineering practices.
During construction, the Code Enforcement Officer/Building Inspector
can issue a stop-work order at any time for any violations of the
special use permit.
Post construction. After construction is complete, the special
use permit holder shall establish a contact person, including name
and phone number for receipt of any complaint. Upon receipt of complaint
from the Code Enforcement Officer/Building Inspector the permit holder/contact
person shall have seven working days to reply to the Town in writing.
Upon reasonable notice, the Code Enforcement Officer/Building
Inspector may enter a lot on which a RWECS building permit has been
granted for the purpose of compliance with any special use permit
requirements. Twenty-four hours' advance notice by telephone
to the owner/operator or designated contact person shall be deemed
reasonable notice.
A RWECS shall be inspected annually by a professional engineer
licensed in the State of New York that has been approved by the Town
or at any other time, upon a determination by the Code Enforcement
Officer/Building Inspector, that the wind turbine, tower, or other
RWECS components have sustained structural damage, and a copy of the
inspection report shall be submitted to the Code Enforcement Officer/Building
Inspector. Any fee or expense associated with this inspection shall
be borne entirely by the permit holder.
Abandonment of use. All RWECS shall be maintained in good condition
and in accordance with all requirements of this section. If an annual
inspection shows that the structure is unsafe, then the owner will
be given an opportunity to bring the structure into compliance. If
the structure is deemed unsafe and the owner does not bring the structure
into compliance within a reasonable period of time, the tower shall
be dismantled and removed from the property at the owner's expense.
The Town reserves the right to dismantle the structure and to charge
back the cost of this removal to the property owner. If unpaid, this
cost will be assessed to the tax levy of the property.
The Town Board recognizes that solar energy is a clean, readily available
and renewable energy source, and the Town intends to accommodate the
use of solar energy systems.
However, the Town Board finds a growing need to properly site solar
energy systems within the boundaries of the Town to protect residential,
business areas and other land uses, to preserve the overall beauty,
nature and character of the Town, to promote the effective and efficient
use of solar energy resources, and to protect the health, safety and
general welfare of the citizens of the Town.
Prior to the adoption of this section, no specific procedures existed
to address the siting of solar energy systems. Accordingly, the Town
Board finds that the promulgation of this section is necessary to
direct the location and construction of these systems.
The person or entity filing an application and seeking an
approval under this section; the owner of a solar energy system or
a proposed solar energy system project; the operator of a solar energy
system or a proposed solar energy system project; any person acting
on behalf of an applicant, solar energy system or proposed solar energy
system. Whenever the terms "applicant" or "owner" or "operator" are
used in this section, said term shall include any person acting as
an applicant, owner or operator.
A solar energy system that is a combination of photovoltaic
building components integrated into any building envelope system,
such as vertical facades, including glass and other facade material,
semitransparent skylight systems, roofing materials, and shading over
windows.
The area usually measured in acres which is located within
a line drawn around the perimeter of the total project. The total
area of all solar panels, areas between panels, all support buildings
and access roads to the panels are included in the footprint. Fencing
around the footprint of the large-scale solar system must be installed,
and all area within that fencing is included in the footprint.
Any solar energy system that cumulatively on a lot is designed
and intended to supply energy into a utility grid, primarily for sale
to the general public.
Any solar energy system which relies upon solar radiation
as an energy source and distribution of solar energy for electricity
generation or transfer of stored heat, secondary to the use of the
premises.
Minor solar energy systems, including roof-mounted solar energy
systems and ground-mounted energy systems: allowable in all zoning
districts. In commercial and light industrial zoning districts, roof-
or ground-mounted solar energy systems must be used in conjunction
with the business located on the same parcel as the solar energy system.
Large-scale solar energy systems or solar farms: allowable in
CO2 Medium Commercial, LI Light Industrial and SLI Special Light Industrial
Districts only by special use permit.
Large-scale solar energy systems or solar farms are not permitted
by right or by special use permit in the R-1 and R-2 Residential Zoning
Districts and CO1 Light Commercial District.
General regulations. The placement, construction, and major modification
of all solar energy systems within the boundaries of the Town shall
be permitted only as follows:
All solar energy systems shall adhere to all applicable federal,
state, county and Town of Pendleton laws, regulations and building,
plumbing, electrical, and fire codes.
Large-scale solar energy systems, upon site plan review by the Planning
Board and special use permit approval issued by the Town Board, and
upon issuance of a building permit issued by the Code Enforcement
Officer/Building Inspector, shall be subject to all provisions of
this section.
All solar energy systems existing on the effective date of this section
shall be allowed to continue usage as they presently exist. Routine
maintenance (including replacement with a new system of like construction
and size) shall be permitted on such existing systems. New construction
other than routine maintenance shall comply with the requirements
of this section.
Any applications (including variance applications) pending for solar
energy systems on the effective date of this section shall be subject
to the provisions of this section.
Shall be flush-mounted parallel to the pitched roof surface
and no more than six inches above the surface with an eighteen-inch
clearing at the roof ridge and an eighteen-inch clearing path to the
ridge.
The Code Enforcement Officer/Building Inspector may require,
in his/her sole discretion, at least a three-foot center walkway for
safety access purposes.
The proposed solar installation shall be on the roof of a residential
building or legal accessory structure with a single layer of roof
covering. A waiver may be requested, in writing, from the Code Enforcement
Officer/Building Inspector for an installation on a second layer of
roof covering.
A new survey is not required, but if the solar energy system
is proposed for an accessory structure on a residential property,
the applicant shall provide an existing survey and demonstrate that
the accessory structure is legal.
Building-integrated solar energy systems shall not be more than three
feet from the building wall, and in no instance shall any part of
the system extend beyond the roofline or parapet wall.
CO1, CO2, LI, and SLI Districts. See §§ 247-12 to 247-15 for the established setback (front yard, side yard and back yard) requirements in prospective zoning districts.
The total footprint (See definition of "footprint of minor solar energy system, ground-mounted" in § 247-72D.) of said solar energy system on a lot which is greater than two acres shall not exceed 2.5% of the total square footage of the entire lot.
Site plan review requirements for large-scale solar energy systems. Applicants for approval to place, construct, and make a major modification to a large-scale solar energy system within the boundaries of the Town shall be subject to site plan review and approval by the Planning Board under § 247-54, which shall include environmental review under SEQRA and a public hearing. See § 247-54, Site plan review; performance and design standards. In addition to the standard requirements in other articles of Chapter 247, Zoning, the following information shall be contained in the application:
One- or three-line electrical diagram detailing the solar energy
system installation, associated components, and electrical interconnection
methods, with all disconnects and overcurrent devices.
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, and utility
lines, both above and below ground, on the site and adjacent to the
site.
The footprint of the large-scale solar system, outlined in accordance with the definition of "footprint" found in § 247-72D, Definitions, must be provided. A calculation determining total acreage within the footprint must also be provided.
A decommissioning plan to ensure the proper removal of large-scale
solar energy systems is to be submitted to the Building Department
for approval and must specify that after the large-scale solar energy
system is no longer in use (as determined by the owner/operator or
the Code Enforcement Officer/Building Inspector), it shall be removed
by the applicant or any subsequent owner. The plan 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 time line 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. Removal of the large-scale solar energy system must be
completed in accordance with the approved decommissioning plan and
the standards provided as follows:
A bond or other approved security shall be provided to cover
the cost of removal and restoration of the area impacted by the solar
energy system. Security shall be in an amount equal to 150% of the
construction estimate as presented in the approved decommissioning
plan.
The large-scale solar energy system proposed to be located in the CO2 Medium Commercial, LI Light Industrial or SLI Special Light Industrial Zoning District shall be subject to a maximum lot coverage area of 25% of the total acreage of property owned or leased on which proposed solar energy system is located, as calculated per the definition of "footprint" found in § 247-72D of this article.
All transmission lines and wiring associated with a large-scale
solar energy system shall be buried and include necessary encasements
in accordance with the National Electrical Code and Town requirements.
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.
After completion of a large-scale solar energy system, the applicant
shall provide to the Code Enforcement Officer/Building Inspector 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.
Compliance with regulatory agencies. The applicant is required to
obtain all necessary regulatory approvals and permits from all federal,
state, county, and local agencies having jurisdiction and approval
related to the completion of a large-scale solar energy system.
Security fencing. Fencing around the footprint of the large-scale
solar energy system must be installed, and all area within that fencing
is included in the footprint.
Removal. All solar energy systems shall be dismantled and removed
immediately from a lot when the solar energy system has been deemed
inoperative or abandoned by the Code Enforcement Officer/Building
Inspector for a period of more than 365 days at the cost of the owner.
If the owner does not dismantle and remove said solar energy system
as required, the Town Board may, after a hearing at which the owner
shall be given an opportunity to be heard and present evidence, dismantle
and remove said facility and place the cost of removal to the security
assigned to the project.
Determination of abandonment or inoperability. A determination of
the abandonment or inoperability of a solar energy system shall be
made by the Code Enforcement Officer/Building Inspector, who shall
provide the owner with written notice by personal service or certified
mail. Any appeal by the owner of the Code Enforcement Officer/Building
Inspector's determination of abandonment or inoperability shall
be filed with the Zoning Board of Appeals within 30 days of the Code
Enforcement Officer/Building Inspector causing personal service or
mailing, certified mail, his written determination, and the Board
shall hold a hearing on same. The filing of an appeal does not stay
the following time frame unless the Zoning Board of Appeals or a court
of competent jurisdiction grants a stay or reverses said determination.
At the earlier of the 366 days from the date of determination of abandonment
or inoperability without reactivation or upon completion of dismantling
and removal, any approvals for the solar energy system shall automatically
expire.
Special use permit. A special use permit issued by the Town Board
is required upon approval of the site plan and is subject to an annual
review by the Town Board to ensure that all provisions listed herein
are being adhered to. The Town Board will have discretion to revoke
the special use permit due to noncompliance and establish a time frame
to correct the violation/violations.
Any changes or alterations post-construction to a large-scale energy
system shall be done only by application to amend the site plan approval,
subject to all requirements of this code.
Application and annual fees. The fee for a large-scale solar energy
system shall be as described in the Town of Pendleton Fee Schedule,
adopted by the Town Board by resolution, as may be amended from time
to time.
Interpretation; conflict with other laws. In their interpretation
and application, the provisions of this section shall be held to be
minimum requirements adopted for the promotion of the public health,
safety and general welfare. It is not intended to interfere with,
abrogate, or annul other rules, regulations or laws, provided that
whenever the requirements of this section are at a variance with the
requirements of any other lawfully adopted regulations, rules or laws,
the most restrictive, or those which impose the highest standards,
shall govern.
Severability. If any section, subsection, phrase, sentence, or other
portion of this section is for any reason held invalid, void, unconstitutional,
or unenforceable by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct, and independent provision, and
such holding shall not affect the validity of the remaining portions
hereof.