Town of Chautauqua, NY Article X Supplemental Regulations and Exceptions

§ 143-45 Application.

The provisions of the district regulations shall be subject to additional requirements, limitations and exceptions in accordance with the following supplementary regulations. Unless otherwise specified, these supplementary regulations shall apply to all districts.

§ 143-46 Public utilities and services.

The provisions of this chapter shall not be construed to limit or interfere with the construction or operation for public utility purposes of water and gas pipes, electric light and power transmissions and distribution lines, communication lines, sewers and incidental appurtenances; or with any highway or railroad right-of-way existing or hereafter authorized by the Town of Chautauqua, or County of Chautauqua, or State of New York. The above exception shall not be construed to permit yards, garages or other structures for service or storage use by said public utility except as otherwise permitted by this chapter.

§ 143-47 Public water and sewer.

If a public water supply is available, no new dwelling or other new principal building except a farm structure shall be constructed, erected, altered or used without connection with such public water supply. If a public sewer is available, no new dwelling or other new principal building shall be constructed, erected, altered or used without connection with such public sewer system.

§ 143-48 Lot frontage on street required.

No dwelling shall be erected on any lot which does not have immediate frontage on an existing street or highway or a legal right-of-way.

§ 143-49 Mobile homes and house trailers.

[Amended 12-12-1983 by L.L. No. 3-1983; 7-14-1986 by L.L. No. 2-1986; 6-22-1987 by L.L. No. 3-1987; 12-12-1988 by L.L. No. 3-1988]

A. Mobile homes and house trailers shall be prohibited in districts designated as R, R-L, PUD, R-R, I, and C-T, unless lawfully located in any such district prior to the effective date of this provision.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

B. R-A and Commercial Districts shall be the only districts where mobile homes or house trailers are permitted. In such R-A and Commercial Districts, no mobile home or house trailer shall be placed upon a lot, other than in an existing mobile home park or trailer park on a lot previously occupied by a mobile home or house trailer, unless the lot area meets the size and area requirements for a detached one-family dwelling for the district in which it is placed and complies with the requirements set forth below, except that this provision shall not apply to any mobile home or house trailer legally located in an R-A or Commercial District prior to the effective date of this provision. Mobile homes and house trailers shall meet the following minimum requirements:

(1) Minimum floor space. The original advertised floor space of the mobile home, excluding any add-ons, shall be a minimum of 800 square feet and a minimum width of 14 feet.

(2) Construction standards. Mobile homes and house trailers shall meet the construction standards of Title 9, Part 1221, of the New York Rules and Regulations and carry the certifying seal labels mandated by Title 9, Part 1222, of the New York Rules and Regulations, as annexed to and made a part hereof.

(3) Parking. Off-street parking spaces in accordance with Article XI shall be provided.

(4) Installation standards. Within 90 days after a mobile home or house trailer which conforms to Subsection B(1) and (2) above is placed upon an approved lot, it shall have been placed in accordance with Title 9, Section 1223.1, of the New York Rules and Regulations as to the site; shall be provided with the utility connections approved by the Town Inspectors in accordance with Section 1223.2 thereof; shall have a support system that complies with the requirements of Section 1223.3 thereof; shall be provided with stabilizing devices in compliance with Section 1223.4 thereof; shall be provided with anchoring equipment in compliance with Section 1223.5 thereof; and shall be provided with ground anchors in compliance with Section 1223.6 thereof; the provisions of Section 1223.1 through 1223.6 are annexed to and made a part hereof. The footings, piers or supports shall be placed and extend down below the frostline, and the mobile home or house trailer shall be surrounded by an attractive wall or fire-resistant skirting of permanent material constructed or installed all the way around the mobile home or house trailer between the ground and floor level.

(5) Location. The placement of a mobile home will only be authorized when it is found that the location or presence of the mobile home will not have a substantial negative effect on the existing character of the neighborhood where it is placed. A substantial negative effect includes, but is not limited to, a change in neighborhood makeup which results in a discernible reduction in the value of adjacent properties or disruption in the aesthetic cohesiveness of an existing neighborhood.

[Amended 2-8-1993 by L.L. No. 1-1993]

(6) Landscaping. The placement of a mobile home will only be authorized subject to the applicant's undertaking to provide landscaping deemed requisite and appropriate to the neighborhood or surrounding area.

(7) Additions. No addition may be made which does not comply with the requirements of the New York State Uniform Fire Prevention and Building Code, which shall be incompatible with the construction of the mobile home to which it is added or which does not comply with any of the provisions or restrictions of this chapter.

(8) Storage. The applicant shall provide accessory enclosed storage for all items customarily or traditionally stored under cover.

(9) Roofs. No mobile home may be placed upon a lot unless it is provided with metal roofing or shingled gable roof having a minimum slope of three to 12 feet, and/or in compliance with state and federal codes.[1]

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

[1] Editor's Note: Original Subsection (b)10, which pertained to mobile homes over 10 years old, which immediately followed this subsection, was repealed 2-18-1993 by L.L. No. 1-1993.

(10) Mobile homes and house trailers are also regulated by the New York Code of Rules and Regulations, Title 9, which should be read together with this chapter.

(11) All the requirements set forth in § 143-79 shall be met.

§ 143-49.1 Travel trailers.

[Added 6-8-2015 by L.L. No. 1-2015]

No travel trailer shall be permitted to remain occupied upon any premises, other than in a preestablished trailer court or campground, unless such trailer is located in the Residential-Agricultural (R-A) District and the trailer is used for overnight occupancy no more than 30 days in any calendar year.

§ 143-50 Temporary structures.

[Amended 6-8-2015 by L.L. No. 1-2015]

Temporary buildings may be placed in the Residential-Agricultural (R-A) District only for uses incidental to construction work, provided that such buildings shall be removed forthwith upon the completion or abandonment of the construction work.

§ 143-51 Limitation on number of dogs in certain districts.

[Amended 2-8-1993 by L.L. No. 1-1993; 8-11-1997 by L.L. No. 3-1997[1]]

A. No kennel, as defined in § 143-3, shall be permitted on any premises situated in an R, R-L or R-R District.

B. Premises on which a kennel, located in an R, R-L or R-R District, may have been located on August 15, 1997, may keep those individual dogs during their lifetime, if the owner of such dogs so registers those dogs with the Town Clerk on or before January 1, 1998.

[1] Editor's Note: This local law also consolidated former § 143-51, Storage of volatile materials, as amended, with § 143-52, Gas and oil wells and storage facilities, as amended.

§ 143-52 Storage of volatile materials; gas and oil wells and storage facilities.

[Amended 2-8-1993 by L.L. No. 1-1993; 8-11-1997 by L.L. No. 3-1997]

A. All volatile materials shall be stored and used only in containers and in the manner approved by the New York State Uniform Fire Prevention and Building Code.

B. No oil or gas wells or gas and oil storage facilities shall be located within 100 feet of any existing dwelling or structure which is used to store farm products or house livestock or poultry; nearer than 150 feet from any public building or area which may be used as a place of resort, assembly, education, entertainment, lodging, trade, manufacture, repair, storage, traffic or occupancy by the public; nearer than 75 feet to the traveled part of any state, county, township or municipal road or any public street, road or highway; or nearer than 50 feet from any public stream, river or other body of water. In addition, all laws and regulations enforced by the Oil and Gas Division of the New York State Department of Environmental Conservation shall apply.

§ 143-53 Communications towers.

[Added 1-12-1981 by L.L. No. 1-1981; amended 6-9-1997 by L.L. No. 1-1997]

A. Purpose. The purpose of this section is to promote the health, safety and general welfare of the residents of the Town of Chautauqua; to provide standards for the safe provision of communications consistent with applicable federal and state regulations; to minimize the total number of communications towers in the community by encouraging shared use of existing and future towers, and the use of existing tall buildings and other high structures; and to minimize adverse visual effects from communications towers by requiring careful siting, visual impact assessment and appropriate landscaping, thereby protecting the natural features and aesthetic character of the Town of Chautauqua with special attention to the scenic value of Chautauqua Lake.

B. Application of special use regulation.

(1) No communications tower, except those approved prior to the effective date of this section, shall be used unless in conformity with these regulations. No communications tower shall hereafter be erected, moved, reconstructed, changed or altered unless in conformity with these regulations. No existing structure shall be modified to serve as a communications tower unless in conformity with these regulations.

(2) Applicants proposing to collocate on a previously approved communications tower do not require a special permit. They are, however, subject to site plan review in accordance with Subsection H. The Zoning Board of Appeals (the Board) may require the applicant to submit any of the items under Subsection C(1) below as part of the site plan review process.

(3) These regulations shall apply to all property within the following districts: Residential-Agricultural (R-A); Business (B); and Industrial (I). Communications towers shall be specifically excluded from all other zones.

C. Shared use of existing tall structures. At all times, the shared use of existing tall structures (for example: municipal water towers, multistory buildings, farm silos, etc.) and existing or approved towers shall be preferred to the construction of new towers.

(1) An applicant proposing to share use of an existing tall structure shall be required to submit:

(a) A completed application for a special permit.

(b) Documentation of intent from the owner of the existing facility to allow shared use.

(c) A site plan. The site plan shall show all existing and proposed structures and improvements including antennas, roads, buildings, guy wires and anchors, parking and landscaping, and shall include grading plans for the new facilities and roads. Any methods used to conceal the modification of the existing facility shall be indicated on the site plan.

(d) An engineer's report certifying that the proposed shared use will not diminish the structural integrity and safety of the existing tall structure, and explaining what modifications, if any, will be required in order to certify the above.

(e) A completed short EAF and a completed visual EAF addendum.

(f) A copy of its Federal Communications Commission (FCC) license.

(2) If an applicant proposing to share use of an existing tall structure submits complete and satisfactory documentation in accordance with Subsection C(1) above, and if modifications indicated according to Subsection C(1) are deemed insignificant by the Board, after the Board conducts a hearing and complies with all State Environmental Quality Review Act (SEQRA)[1] provisions, the Board shall grant a special permit without further review under this section. If the Board determines that any modifications indicated according to Subsection C(1) are significant, it may require further review according to Subsections H through Q below.

[1] Editor's Note: See Environmental Conservation Law § 8-0101 et seq.

D. New communications tower. The Board may consider a new communications tower when the applicant demonstrates that shared use of existing tall structures and existing or approved towers is impractical. An applicant shall be required to present an adequate report inventorying all existing tall structures and existing or approved towers within a reasonable distance of the proposed site. This distance shall be determined by the Board in consultation with the applicant. The report shall outline opportunities for shared use of these existing facilities as an alternative to a proposed new tower. The report shall demonstrate good faith efforts to secure shared use from the owner of each existing tall structure and existing or approved tower as well as documentation of the physical, technical and/or financial reasons why shared usage is not practical in each case. Written requests and responses for shared use shall be provided.

E. Shared usage of an existing tower site for placement of a new tower. Where shared use of existing tall structures and existing or approved towers is found to be impractical, the applicant shall investigate shared usage of an existing tower site for its ability to accommodate a new tower and accessory uses. Documentation and conditions shall be in accordance with Subsection D above. Any proposals for a new communications tower on an existing tower site shall also be subject to the requirements of Subsections G through Q below.

F. New tower at a new location. The Board may consider a new communication tower on a site not previously developed with an existing tower when the applicant demonstrates that shared use of existing tall structures and existing or approved towers is impractical, and submits a report as described in Subsection D above; and when the Board determines that shared use of an existing tower site for a new tower is undesirable based upon the applicant's investigation in accordance with Subsection E. Any proposal for a new communication tower shall also be subject to the requirements of Subsections G through Q below.

G. Future shared use of new towers. The applicant shall design a proposed new communications tower to accommodate future demand for reception and transmitting facilities. The applicant shall submit to the Board a letter of intent committing the owner of the proposed new tower, and his/her successors in interest, to negotiate in good faith for shared use of the proposed tower by other communications providers in the future. This letter shall be filed with the Building Inspector prior to issuance of a building permit. The letter shall commit the new tower owner and his/her successor in interest to:

(1) Respond within 90 days to a request for information from a potential shared-use applicant.

(2) Negotiate in good faith concerning future requests for shared use of the new tower by other communications providers.

(3) Allow shared use of the new tower if another communications provider agrees in writing to pay reasonable charges. The charge may include but is not limited to a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity and depreciation, and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference.

H. Site plan review; submission requirements.

(1) An applicant shall be required to submit a site plan which shall show all existing and proposed structures, including lighting and improvements, including roads, buildings, tower(s), guy wires and anchors, antennas, parking and landscaping, and shall include grading plans for new facilities and roads.

(2) Supporting documentation. The applicant shall submit a complete short EAF, a complete visual assessment form (visual EAF addendum), and documentation on the proposed intent and capacity of use as well as a justification for the height of any tower and justification for any clearing required. The applicant shall also submit a copy of its FCC license.

I. Lot size and setbacks. All proposed communication tower accessory structures shall be located on a single parcel and shall be set back from abutting parcels and street lines a distance sufficient to substantially contain on-site all icefall or debris from tower failure and preserve the privacy of any adjoining residential properties.

(1) Lot size of parcels containing a tower shall be determined by the amount of land required to meet the setback requirements. If the land is to be leased, the entire area required shall be leased from a single parcel unless the Board determines that this provision may be waived.

(2) Communications towers shall comply with all existing setback requirements of the underlying zoning district, or shall be located with a minimum setback from any property line equal to at least 100 feet or 30% of the height of the tower, whichever is greater. Accessory structures shall comply with the minimum setback requirements in the underlying zoning district.

J. Visual impact assessment. The Board may require the applicant to undertake a visual impact assessment which may include the following:

(1) A Zone of Visibility Map shall be provided in order to determine locations where the tower may be seen.

(2) Pictorial representations of a before-and-after view from any key viewpoints both inside and outside of the Town including but not limited to state highways and other major roads, state and local parks, Chautauqua Lake, other public lands, preserves and historic sites normally open to the public, and from any other location where the site is visible to a large number of visitors or travelers. The Board shall determine the key sites at a presubmission conference with the applicant.

(3) Assessment of the alternative tower designs and color schemes, as described in Subsection K below.

K. New tower design. Alternative designs shall be considered for new towers, including lattice and single-pole structures. The design of a proposed new tower shall comply with the following:

(1) Any new tower shall be designed to accommodate future shared use by other communications providers.

(2) Unless specifically required by other regulations, a tower shall have a finish that minimizes its degree of visual impact.

(3) The maximum height of any new tower shall not exceed that which shall permit operation without artificial lighting of any kind or nature in accordance with state and/or federal law and/or regulation. The Board at its discretion may modify this requirement if the applicant can justify the need to exceed this height limitation.

(4) No lighting shall be permitted unless required by the Federal Aviation Administration or federal, state or local authorities. If tower lighting is necessary, the applicant shall fully disclose to the Board all lighting options. Only the minimal amount of tower lighting necessary to meet state and/or federal laws and/or regulations shall be authorized. Light pollution or light spillover to nearby and distant properties shall be minimized to the greatest degree possible by use of shielding. The Board shall upon review approve only the lighting scheme that it determines to be least obtrusive to the affected properties.

(5) The Board may request a review of the application by a qualified engineer in order to evaluate the need for and the design of any new tower.

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

(7) A sign shall be conspicuously placed near the base of a tower and it shall generally state that danger exists and that no access is permitted. No portion of any tower or accessory structure shall be used for a sign other than as stated or for any other advertising purpose, including but not limited to company name, phone numbers, banners and streamers.

L. Existing vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible. No cutting of trees exceeding four inches in diameter (measured at a height four feet off the ground), shall take place prior to the approval of the special permit.

M. Screening. Deciduous or evergreen tree planting may be required to screen portions of the tower and accessory structures from nearby residential property as well as from public sites known to include important views or vistas. Where a site abuts a residential property or public property, including streets, screening shall be required.

N. Access. Adequate emergency and service access shall be provided. Maximum use of existing roads, public or private shall be made. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential.

O. Parking. Parking shall be provided to assure adequate emergency and service access. The Board shall determine the number of required spaces based upon a recommendation from the applicant. No parking spaces shall be located in any required yard.

P. Fencing. The tower and any accessory structures shall be adequately enclosed by a fence, the design of which shall be approved by the Board. This requirement may be waived by the Board if the applicant demonstrates that such measures are unnecessary to ensure the security of the facility.

Q. Inspections and removal. Periodic inspections of all towers shall be required every five years. Inspections shall be conducted by a licensed engineer. Based on the results of an inspection, repair or removal of a tower may be required. Tower owners shall remove all towers and accessory structures that are unused for a twelve-month period. Tower owners shall notify the Building Inspector of such nonuse. Removal shall be within six months of written notification. Owners may request a special use permit hearing to request an extension of time for removal for just cause. Failure to notify and/or remove an unused tower in accordance with these regulations shall be a violation of this chapter and shall be punishable according to Article XIV of this chapter.

§ 143-53.1 Wind energy facilities.

[Added 5-12-2008 by L.L. No. 3-2008]

A. Purpose. The Town Board of the Town of Chautauqua adopts this section to promote the effective and efficient use of the Town's wind energy resource through wind energy conversion systems ("WECS") and to regulate the placement of such systems so that the public health, safety and welfare is not jeopardized.

B. Authority. The Town Board of the Town of Chautauqua adopts this section under the authority granted by:

(1) Article IX of the New York State Constitution § 2(c)(6) and (10);

(2) New York Statute of Local Governments § 10(1), (6), and (7);

(3) New York Municipal Home Rule Law § 10(1)(i) and (ii) and § 10(l)(ii)(a)(6), (11), (12), and (14);

(4) The supersession authority of New York Municipal Home Rule Law, § 10(l)(ii)(d)(3);

(5) New York Town Law Article 16 (Zoning);

(6) New York Town Law § 130(1) (Building Code), § 130(3) (Electrical Code), § 130(5) (Fire Prevention), § 130(7) (Use of streets and highways), § 130(7-a) (Location of driveways), § 130(11) (Peace, good order and safety), § 130(15) (Promotion of public welfare), § 130(15-a) (Excavated lands), § 130(16) (Unsafe buildings), § 130(19) (Trespass), and § 130(25) (Building lines); and

(7) New York Town Law § 64(17-a) (Protection of aesthetic interests) and § 64(23) (General powers).

C. Findings. The Town Board of the Town of Chautauqua finds and declares that:

(1) Wind energy is an abundant, renewable and nonpolluting energy resource of the Town and its conversion to electricity may reduce dependence on nonrenewable energy sources and decrease the air and water pollution that results from the use of conventional energy sources.

(2) The generation of electricity from properly sited wind turbines, including small systems, can be cost effective, and in many cases, existing power distribution systems can be used to transmit electricity from wind-generating stations to utilities or other users, or on-site consumption can be reduced.

(3) Regulation of the siting and installation of wind turbines is necessary to protect the health, safety, and welfare of neighboring property owners and the general public.

(4) Wind energy facilities present significant potential aesthetic impacts because of their large size, lighting, and shadow flicker effects.

(5) If not properly regulated, the installation of wind energy facilities can create drainage problems through erosion and lack of sediment control for facility sites and access roads, and harm farmlands through improper construction methods.

(6) Wind energy facilities may present a risk to bird and bat populations if not properly sited.

(7) If not properly sited, wind energy facilities may present risks to the property values of adjoining property owners.

(8) Wind energy facilities are significant sources of noise which, if unregulated, can negatively impact adjoining properties.

(9) Construction of wind energy facilities can create traffic problems and damage local roads.

(10) Wind energy facilities can cause electromagnetic interference with various types of communications.

D. Permits required.

(1) No wind energy facility shall be constructed, reconstructed, modified, or operated in the Town of Chautauqua except in compliance with this section.

(2) No WECS shall be constructed, reconstructed, modified, or operated in the Town of Chautauqua except in a Wind Overlay Zone, pursuant to an application for rezoning and special use permit approved pursuant to this section.

(3) No wind measurement tower shall be constructed, reconstructed, modified, or operated in the Town of Chautauqua except pursuant to a special use permit issued in accordance with this section.

(4) No small wind energy conversion system shall be constructed, reconstructed, modified, or operated in the Town of Chautauqua except pursuant to a wind energy permit issued pursuant to this section.

(5) Notwithstanding any other provision of this chapter, special use permits for WECS shall be issued by the Town Board.

(6) This section shall apply to all areas of the Town of Chautauqua.

(7) Exemptions. No permit or other approval shall be required under this section for WECS used solely for agricultural or farm operations in a state or county agricultural district, as long as the facility is set back at least 1 1/2 times its total height from a property line and does not exceed 120 feet in height. Prior to the construction of a WECS under this exemption, the property owner or his designated agent shall submit a site plan to the Town to demonstrate compliance with the setback requirements.

[Amended 8-11-2008 by L.L. No. 5-2008]

(8) Transfer. No transfer of any wind energy facility or special use permit, nor sale of the entity owning such facility, including the sale of more than 30% of the stock of such entity (not counting sales of shares on a public exchange), may occur without prior approval by the Town, which approval shall be granted upon written acceptance of the transferee of the obligations of the transferor under this section, and the transferee's demonstration, in the sole discretion of the Town Board, that it can meet the technical and financial obligations of the transferor. No transfer shall eliminate the liability of the transferor nor of any other party under this section unless the entire interest of the transferor in all facilities in the Town is transferred and there are no outstanding obligations or violations.

(9) Notwithstanding the requirements of this section, replacement in kind or modification of a wind energy facility may occur without Town Board approval when there will be:

(a) No increase in total height;

(b) No change in the location of the WECS;

(c) No additional lighting or change in facility color; and

(d) No increase in noise produced by the WECS.

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

AGRICULTURAL OR FARM OPERATIONS

The land and on-farm buildings, equipment, manure processing and handling facilities, and practices which contribute to the production, preparation, and marketing of crops, livestock, and livestock products as a commercial enterprise, including a commercial horse boarding operation, as defined in Subdivision 13 of New York Agriculture and Markets Law § 301, and timber processing, as defined in Subdivision 14 of New York Agriculture and Markets Law § 301. Such farm operation may consist of one or more parcels of owned or rented land which parcels may be contiguous or noncontiguous to each other.

EAF

An environmental assessment form used in the environmental review process under SEQRA as that term is defined in Part 617 of Title 6 of the New York Codes, Rules and Regulations.

RESIDENCE

Any dwelling suitable for habitation existing in the Town of Chautauqua on the date the SEQRA process for the specific application is completed, including seasonal homes, hotels, hospitals, motels, dormitories, sanitariums, nursing homes, senior housing, schools or other buildings used for educational purposes. A residence may be part of a multidwelling or multipurpose building but shall not include correctional institutions.

SEQRA

The New York State Environmental Quality Review Act[1] and its implementing regulations in Title 6 of the New York Codes, Rules and Regulations, Part 617.

SITE

The parcel(s) of land where a wind energy facility is to be placed. The site could be publicly or privately owned by an individual or a group of individuals controlling single or adjacent properties. Where multiple lots are in joint ownership, the combined lots shall be considered as one for purposes of applying setback requirements. Any property which has a wind energy facility or has entered an agreement for said facility or a setback agreement and received the required variance shall not be considered off site.

SMALL WIND ENERGY CONVERSION SYSTEM ("SMALL WECS")

A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics which does not exceed 100 feet in height and which is intended to primarily reduce consumption of utility power at that location.

SOUND PRESSURE LEVEL

The level which is equaled or exceeded a stated percentage of time. An L₁₀ - 50 dBA indicates that in any hour of the day 50 dBA can be equaled or exceeded only 10% of the time, or for six minutes. The measurement of the sound pressure level can be done according to the International Standard for Acoustic Noise Measurement Techniques for Wind Generators (IEC 61400-11), or other accepted procedures.

TOTAL HEIGHT

The height of the tower and the furthest vertical extension of the WECS.

WIND ENERGY CONVERSION SYSTEM ("WECS")

A machine that converts the kinetic energy in the wind into a usable form (commonly known as a "wind turbine" or "windmill").

WIND ENERGY FACILITY

Any wind energy conversion system, small wind energy conversion system, or wind measurement tower, including all related infrastructure, electrical lines and substations, access roads and accessory structures.

WIND MEASUREMENT TOWER

A tower used for the measurement of meteorological data such as temperature, wind speed and wind direction.

WIND OVERLAY DISTRICT/ZONE

A district or zone that encompasses one or more underlying zones and that establishes requirements for wind energy facilities.

[1] Editor's Note: See Article 8 of the Environmental Conservation Law.

F. Applicability.

(1) The requirements of this section shall apply to all wind energy facilities proposed, operated, modified, or constructed after the effective date of this section.

(2) Wind energy facilities for which a required permit has been properly issued and upon which construction has commenced prior to the effective date of this section shall not be required to meet the requirements of this section; provided, however, that:

(a) Any such preexisting wind energy facility which does not provide energy for a continuous period of 12 months shall meet the requirements of this section prior to recommencing production of energy.

(3) No modification or alteration to an existing wind energy facility shall be allowed without full compliance with this section.

(4) Wind energy facilities may be either principal or accessory uses. A different existing use or an existing structure on the same site shall not preclude the installation of a wind energy facility or a part of such facility on such site. Wind energy facilities constructed and installed in accordance with this section shall not be deemed expansions of a nonconforming use or structure.

G. Creation of Wind Overlay Zones.

(1) Wind Overlay Zones may be created in the Residential-Agricultural (R-A) District only. No Wind Overlay Zone may be created unless the request is accompanied by applications for WECS special use permits.

(2) Once a Wind Overlay Zone has been created, new WECSs or accessory structures or facilities may be added in that zone by grant of a special use permit pursuant to the requirements of this section.

H. Applications for wind energy conversion systems. A joint application for creation of a Wind Overlay Zone and special use permit for individual 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 a letter or other written permission signed by the property owner confirming that the property owner is familiar with the proposed applications and authorizing the submission of the application.

(3) Address, or other property identification, of each proposed tower location, including Tax Map section, block, and lot number.

(4) A description of the project, including the number and maximum rated capacity of each WECS.

(5) 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 major existing structures and uses on site, public roads, and adjoining properties within 500 feet of the boundaries of the proposed Wind Overlay Zone.

(c) Location and elevation of each proposed WECS.

(d) Location of all aboveground utility lines on the site or within one radius of the total height of the WECS, transformers, power lines, interconnection point with transmission lines, and other ancillary facilities or structures.

(e) Total height of the WECS, transformers, power lines, interconnection point with transmission lines, and other ancillary facilities or structures.

(f) Location and size of structures above 35 feet within a 500-foot radius of the proposed WECS. For purposes of this requirement, electrical transmission and distribution lines, antennas, and slender or open lattice towers are not considered structures.

(g) The zoning designation of the subject and adjacent properties as set forth on the official Town Zoning Map.

(h) Proposed boundaries of the Wind Overlay Zone.

(i) To demonstrate compliance with the setback requirements of this section, circles drawn around each proposed tower location equal to:

[1] One and one-half times the tower height radius.

[2] Five-hundred-foot radius.

[3] One-thousand-two-hundred-foot radius.

(j) Location of residential structures within 1,200 feet of each proposed tower. The distance from the center of the tower to any off-site residence within 1,200 feet shall be noted.

(k) All proposed facilities, including access roads, electrical lines, substations, storage or maintenance units, and fencing.

(6) Vertical drawing of the WECS 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. One drawing may be submitted for each WECS of the same type and total height.

(7) Landscaping plan depicting vegetation, describing the area to be cleared and the specimens proposed to be added, identified by species and size of specimen, 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, no building permit for any lighted facility may be issued until such determination is submitted.

(9) List of property owners, with their mailing addresses, within 500 feet of the boundaries of the proposed Wind Overlay Zone. The applicant may delay submitting this list until the Town Board calls for a public hearing on the application.

(10) Decommissioning plan.

(a) The decommissioning plan shall include:

[1] The anticipated life of the WECS;

[2] The estimated decommissioning costs in current dollars;

[3] How said estimate was determined;

[4] The method of ensuring that funds will be available for decommissioning and restoration;

[5] The method, such by annual reestimate by a licensed engineer, that the decommissioning cost will be kept current; and

[6] The manner in which the WECS will be decommissioned and the site restored, which shall include removal of all structures and debris to a depth of three feet, restoration of the soil, and restoration of vegetation (consistent and compatible with surrounding vegetation), less any fencing or residual minor improvements requested by the landowner.

(b) The plan shall include the decommissioning bond required by this section.

(11) Complaint resolution plan to address complaints from nearby residents. The process shall use an independent mediator or arbitrator and include a time limit for acting on a complaint. The applicant shall make every reasonable effort to resolve any complaint.

(12) An application shall include information relating to the construction/installation of the wind energy conversion facility as follows:

(a) A construction schedule describing commencement and completion dates; and

(b) A description of the routes to be used by construction and delivery vehicles and the gross weights and heights of those loaded vehicles.

(13) Completed Part I of a full EAF and a visual EAF addendum.

(14) Applications for special use permits for wind measurement towers subject to this section may be jointly submitted with those for the WECS.

(15) For each proposed WECS, include make, model, picture and manufacturer's specifications, including noise decibels data. The 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, shall be included.

(16) If the applicant agrees, in writing, in the application that the proposed WECS may have a significant adverse impact on the environment, the Town Board shall issue a positive declaration of environmental significance.

(17) If a positive declaration of environmental significance is determined by the SEQRA lead agency, the following information shall be included in the draft environmental impact statement ("DEIS") prepared for a wind energy facility. Otherwise, the following studies shall be submitted with the application:

(a) A study on potential shadow flicker. The study shall identify locations where shadow flicker may be caused by the WECSs and the expected durations of the flicker at these locations. The study shall identify areas where shadow flicker may interfere with residences and describe measures that shall be taken to eliminate or mitigate the problems.

(b) 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 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.

(c) A fire protection and emergency response plan created in consultation with the fire department(s) having jurisdiction over the proposed zone.

(d) A noise analysis by a competent acoustical consultant documenting the noise levels associated with the proposed WECS. The study shall document noise levels at property lines and at the nearest residence not on the site (if access to the nearest residence is not available, the Town Board may modify this requirement). The noise analysis shall provide preexisting ambient noise levels and include low frequency noise.

(e) Property value analysis, prepared by a licensed appraiser in accordance with industry standards, regarding the potential impact of values of properties adjoining WECS sites, including properties across public roads from the site.

(f) An assessment of potential electromagnetic interference with microwave, radio, television, personal communication systems, and other wireless communication.

(18) Tower design information sufficient to demonstrate compliance with wind-loading requirements.

(19) Analysis of potential ice-throwing and damage from blade throw impacts.

(20) A statement, signed under penalty of perjury, that the information contained in the application is true and accurate.

I. Application review process.

(1) Applicants may request a preapplication meeting with the Town Board or with any consultants retained by the Town Board for application review. Meetings with the Town Board shall be conducted in accordance with the Open Meetings Law.[2]

[2] Editor's Note: See Article 7 of the Public Officers Law.

(2) Six copies of the application shall be submitted to the Town Clerk. Payment of all application fees shall be made at the time of application submission. If any variances are requested, variance application fees shall be paid at the time of the receipt of the application.

(3) Town staff or Town-designated consultants shall, within 30 days of receipt, or such longer time if agreed to by the applicant, determine if all information required under this section is included in the application.

(4) If the application is deemed incomplete, the Town Board or its designated reviewer 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 WECSs proposed is increased.

(5) Upon submission of a complete application, including the grant of any application waiver by the Town Board, the Town Clerk shall transmit the application to the Town Board. The applicant shall post the completed application and any accepted environmental impact statements on the World Wide Web. The application shall be referred to the Zoning Board of Appeals in accordance with this section and this chapter.

[Amended 8-11-2008 by L.L. No. 5-2008]

(6) The Town Board shall hold at least one public hearing on the application. Notice shall be given by first-class mail to property owners within 500 feet of the boundaries of the proposed Wind Overlay Zone, and published in the Town's official newspaper, no less than 10 nor more than 20 days before any hearing, but, where any hearing is adjourned by the Town Board to hear additional comments, no further publication or mailing shall be required. The applicant shall prepare and mail the notice of public hearing, prepared by the Town, and shall submit an affidavit of service. The assessment roll of the Town shall be used to determine mailing addresses.

(7) The public hearing may be combined with public hearings on any environmental impact statement or requested variances.

(8) Notice of the project shall also be given, when applicable, to the Chautauqua County Planning Board, if required by General Municipal Law §§ 239-l and 239-m, and to adjacent municipalities where required by General Municipal Law § 239-nn.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(9) Applications for WECS are deemed Type I projects under SEQRA. The Town shall conduct its SEQRA review in conjunction with other agencies, and the record of review by said agencies shall be part of the record of the Town's proceedings. The Town may require an escrow agreement for the engineering and legal review of the applications and any environmental impact statements before commencing its review. At the completion of the SEQRA review process, if a positive declaration of environmental significance has been issued and an environmental impact statement prepared, the Town shall issue a statement of findings, which statement may also serve as the Town's decision on the applications.

(10) 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 may approve, approve with conditions, or deny the applications in accordance with the standards in this section.

J. Standards for WECS. The following standards shall apply to all WECS unless specifically waived by the Town Board as part of a permit.

(1) All power transmission lines from the tower to any building or other structure shall be located underground to the maximum extent practicable.

(2) No television, radio, or other communication antennas may be affixed or otherwise made part of any WECS except pursuant to the telecommunications facilities provisions of the Town Zoning Code. Applications may be jointly submitted for WECS and telecommunications facilities.

(3) No advertising signs are allowed on any part of the wind energy facility, including fencing and support structures.

(4) No tower shall be lit except to comply with FAA requirements. Minimum security lighting for ground level facilities shall be allowed as approved on the site plan. Security lighting shall be designed to minimize light pollution, including the use of light hoods, low glare fixtures, and directing lights at the ground.

(5) All applicants shall use measures to reduce the visual impact of WECSs to the extent possible. WECSs shall use tubular towers. All structures in a project shall be finished in a single, nonreflective matte finished color or a camouflage scheme. Individual WECSs within a Wind Overlay Zone shall be constructed using wind turbines whose appearance, with respect to one another, is similar within and throughout the zone, 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.

(6) The use of guy wires is prohibited.

(7) No WECS shall be installed in any location where its proximity with 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.

(8) 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, including relocation or removal of the facilities, or resolution of the issue with the affected parties. Failure to remedy electromagnetic interference is grounds for revocation of the special use permit for the specific WECS or WECSs causing the interference.

(9) All solid waste, hazardous waste, and construction debris shall be removed from the site and managed in a manner consistent with all appropriate rules and regulations.

(10) WECSs 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 when feasible. The use of previously developed areas will be given priority wherever possible.

(11) WECSs shall be located in a manner that minimizes significant negative impacts on rare, endangered, and threatened animal species in the vicinity, particularly bird and bat species.

(12) Wind energy conversion facilities shall be located in a manner consistent with all applicable state and federal wetlands laws and regulations.

(13) Stormwater runoff and erosion control shall be managed in a manner consistent with all applicable state and federal laws and regulations.

(14) The maximum total height of any WECS shall be 420 feet.

(15) Construction of the WECS shall be limited to the hours of 8:00 a.m. to 8:00 p.m., except for certain activities that require cooler temperatures than possible during the day, subject to approval from the Town.

(16) Substations required to serve WECS are an essential public service under this chapter. Substations shall be screened from public view.

(17) The Town of Chautauqua shall be named as an additional insured under the general liability policy of the applicant, the amount of which insurance shall be no less than an amount to be determined by the Town Board given the nature and scope of the project proposed by the applicant.

(18) Any construction or ground disturbance involving agricultural land shall be done according to the NYS Department of Agriculture and Markets' publication titled "Guidelines for Agricultural Mitigation for Wind Power Projects," or its equivalent.

K. Required safety measures.

(1) 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.

(2) Unless the property owner submits a written request that no fencing be required, each tower or group of towers shall be enclosed with a fence at least six feet in height, equipped with a locking portal.

(3) The color and type of fencing for each WECS installation shall be determined on the basis of individual applications as safety needs dictate. The entrances to access roads shall be gated and kept locked.

(4) 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 24 hours per day, seven days per week coverage. The Town Board may require additional signs based on safety needs.

(5) No climbing pegs or tower ladders shall be located closer than 12 feet to the ground level at the base of the structure for freestanding single pole.

(6) The minimum distance between the ground and any part of the rotor or blade system shall be 20 feet.

(7) WECSs shall be designed to prevent unauthorized external access to electrical and mechanical components and shall have access doors that are kept securely locked.

(8) Accurate maps of the underground facilities shall be filed with the Town and with Dig Safely New York (1-800-962-7962) or its successor.

L. Traffic routes.

(1) Construction of WECSs poses potential risks because of the large size of the construction vehicles used and their impact on traffic safety and their physical impact on local roads. Construction and delivery vehicles for WECSs and/or associated facilities shall use traffic routes established as part of the application review process.

(a) Factors in establishing such corridors shall include:

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

[2] Minimizing WECS related traffic during times of school bus activity;

[3] Minimizing wear and tear on local roads; and

[4] Minimizing impacts on local business operations.

(b) Permit conditions may require remediation during construction, may limit WECS-related traffic to specified routes, and may include a plan for disseminating traffic route information to the public, and all applicable state, county, and municipal highway authorities and superintendents whose roads are included in the WECS traffic routes plan. Notification to all applicable highway authorities and superintendents will include the number and type of vehicles and their size, their maximum gross weight, the number of round trips, and the dates and time periods of expected use of designated traffic routes.

(2) The applicant is responsible for remediation of damaged roads upon completion of the installation or maintenance of a WECS. A public improvement bond shall be posted prior to the issuance of any building permit in an amount, determined by the Town Board, sufficient to compensate the Town for any damage to local roads.

(3) If the applicant uses any seasonal-use highway in the off season, it shall be solely responsible for the maintenance of said highway, including but not limited to snowplowing. No act of maintenance on a seasonal-use highway by an applicant shall be considered as Town maintenance of that highway for purposes of determining the seasonal-use status of the highway.

M. Setbacks for wind energy conversion systems.

(1) The statistical sound pressure level generated by a WECS shall not exceed L₁₀ - 50 dBA measured at any residence existing at the time SEQRA review of the application is completed. If the ambient sound pressure level exceeds 48 dBA, the standard shall be ambient dBA plus five dBA. Independent certification shall be provided before and after construction demonstrating compliance with this requirement.

(2) In the event audible noise due to WECS operations contains a steady pure tone, such as a whine, screech, or hum, the standards for audible noise set forth in Subsection M(1) shall be reduced by five dBA. A pure tone is defined to exist if the 1/3 octave band sound pressure level in the band, including the tone, exceeds the arithmetic average of the sound pressure levels of the two contiguous 1/3 octave bands by five dBA for center frequencies of 500 Hz and above, by eight dBA for center frequencies between 160 Hz and 400 Hz, or by 15 dBA for center frequencies less than or equal to 125 Hz.

(3) If the ambient noise level (not including the development in question) exceeds the applicable standard given above, the applicable standard shall be adjusted so as to equal the ambient noise level. The ambient noise level shall be expressed in terms of the highest whole number sound pressure level in dBA which is exceeded for more than five minutes per hour. Ambient noise levels shall be measured at the exterior of potentially affected existing residences, schools, hospitals, churches, and public libraries. Ambient noise level measurement techniques shall employ all practical means of reducing the effect of wind generated noise at the microphone. Ambient noise level measurements may be performed when wind velocities at the proposed project site are sufficient to allow wind turbine operation, provided that the wind velocity does not exceed 30 mph at the ambient noise measurement location.

(4) Any noise level falling between two whole decibels shall be the lower of the two.

(5) Each WECS shall be set back from site boundaries, measured from the center of the WECS, a minimum distance of:

(a) One thousand feet from the nearest site boundary property line.

(b) Five hundred feet from the nearest public road.

(c) One thousand two hundred feet from the nearest off-site residence existing at the time of application, measured from the exterior of such residence.

(d) One and one-half times the total height of the WECS from any non-WECS structure or any aboveground utilities, unless waived by the utility company.

(e) One thousand five hundred feet from the property line of any school, church, hospital or nursing facility.

(f) One hundred feet from state-identified wetlands. This distance may be adjusted to be greater or lesser, at the discretion of the reviewing body, based on topography, land cover, land uses and other factors.

(g) Five hundred feet from gas wells, unless waived in writing by the property owner.

N. Noise and setback easements. In the event the noise levels resulting from a WECS exceed the criteria established in this section, or any setback requirement is not met, a waiver may be granted from such requirement by the Town Board in the following circumstances:

(1) Written consent from the affected property owners has been obtained stating that they are aware of the WECS and the noise and/or setback limitations imposed by this section, that they wish to be part of the site as defined in this section, and that their consent is granted to:

(a) Allow noise levels to exceed the maximum limits otherwise allowed; or

(b) Allow setbacks less than required; and

(2) In order to advise all subsequent owners of the burdened property, the consent, in the form required for an easement, has been recorded in the County Clerk's office describing the benefited and burdened properties. Such easements shall be permanent and may not be revoked without the consent of the Town Board, which consent shall be granted upon either the completion of the decommissioning of the benefited WECS in accordance with this section, or the acquisition of the burdened parcel by the owner of the benefited parcel or the WECS.

(3) In any case where written consent is not obtained, a variance from the Zoning Board of Appeals shall be required.

O. Creation of Wind Overlay Zones and issuance of special use permits.

(1) Upon completion of the review process, the Town Board shall, upon consideration of the standards in this section and the record of the SEQRA review, issue a written decision that fully states the reasons for approval, conditions of approval, or disapproval.

(2) If approved, the Town Board will direct the Town Clerk to modify the Official Map to reflect the creation of the Wind Overlay Zones, and direct Town staff to issue a special use permit for each WECS, upon satisfaction of all conditions for said permit, and direct the Building Inspector to issue a building permit, upon compliance with Chapter 74, Fire Prevention and Building Construction, and the other conditions of this section.

(3) The decision of the Town Board shall be filed within five days in the office of the Town Clerk and a copy mailed to the applicant by first-class mail.

(4) If any approved WECS is not substantially commenced within two years of the issuance of the permit, the special use permit shall expire.

P. Abatement.

(1) If any WECS remains nonfunctional or inoperative for a continuous period of one year, the applicant agrees that, without any further action by the Town Board, it shall remove said system at its own expense. Removal of the system shall include at least the entire aboveground structure, including transmission equipment and fencing, from the property. This provision shall not apply if the applicant demonstrates to the Town that it has made good faith efforts to restore the WECS to an operable condition, but nothing in this provision shall limit the Town's ability to order a remedial action plan after public hearing.

(2) 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 (subject to a nondisclosure agreement) to the Town Board all reports to and from the purchaser(s) of energy from individual wind energy conversion systems, if requested, as necessary to prove the WECS is functioning, which reports may be redacted as necessary to protect proprietary information.

(3) The applicant shall continuously maintain a fund or bond payable to the Town for the removal of nonfunctional towers and appurtenant facilities in an amount to be determined by the Town for the period of the life of the facility. This fund may consist of a letter of credit from a State of New York licensed financial institution. All costs of the financial security shall be borne by the applicant.

Q. Limitations on approvals; easements on Town property.

(1) 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 flowing 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. It shall be the sole responsibility of the facility operator or owner to acquire any necessary wind flow or turbulence easements or rights to remove vegetation.

(2) Pursuant to the powers granted to the Town to manage its own property, the Town may enter into noise, setback, or wind flow easements on such terms as the Town Board deems appropriate, as long as said agreements are not otherwise prohibited by state law or this section.

R. Permit revocation.

(1) A special use permit shall contain a requirement that the applicant fund periodic noise testing by a qualified, independent, third-party acoustical measurement consultant, which may be required as often as every two years, or more frequently upon request of the Town Board in response to complaints by neighbors. 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 also include an evaluation of any complaints received by the Town. The applicant shall have 90 days after written notice from the Town Board to cure any deficiency. An extension of the ninety-day period may be considered by the Town Board, but the total period may not exceed 180 days.

(2) 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. Should a WECS become inoperable, or should any part of the WECS be damaged, or should a WECS violate a permit condition, the owner or operator shall remedy the situation within 90 days after written notice from the Town Board. The applicant shall have 90 days after written notice from the Town Board, to cure any deficiency. An extension of the ninety-day period may be considered by the Town Board, but the total period may not exceed 180 days.

(3) Notwithstanding any other abatement provision under this section, and consistent with § 143-53.1(P)(l), if the WECS is not repaired or made operational or brought into permit compliance after said notice, the Town may, after a public meeting 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 timeframe; or order revocation of the special use permit for the WECS and require the removal of the WECS within 90 days. If the WECS is not removed, the Town Board shall have the right to use the security posted as part of the decommission plan to remove the WECS.

S. Wind measurement towers.

(1) The Town Board acknowledges that prior to construction of a WECS, a wind site assessment is conducted to determine the wind speeds and the feasibility of using particular sites. Installation of wind measurement towers, also known as "anemometer" ("Met") towers, shall be permitted as a special use in the Residential-Agricultural (R-A) District.

(2) An application for a wind measurement tower shall include:

(a) 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.

(b) Name, address, and telephone number of the property owner. 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 applications and authorizing the submission of the application.

(c) Address of each proposed tower site, including Tax Map section, block, and lot number.

(d) Site plan.

(e) Decommissioning plan, based on the criteria in this section for WECS, including a security bond or cash for removal.

(3) The distance between a wind measurement tower and the property line shall be at least the total height of the tower. Sites can include more than one piece of property and the requirement shall apply to the combined properties. Exceptions for neighboring property are also allowed with the consent of those property owners.

(4) Special use permits for wind measurement towers may be issued by the Town Board for a period of up to two years. Permits may be renewed if the facility is in compliance with the conditions of the special use permit.

T. Small wind energy conversion systems.

(1) The purpose of this small WECS subsection is to provide standards for small wind energy conversion systems designed for home, farm, and small commercial use on the same parcel, and that are primarily used to reduce consumption of utility power at that location. The intent of this small WECS subsection is to encourage the development of small wind energy systems and to protect the public health, safety, and community welfare.

(2) Applications for small WECS wind energy permits shall include:

(a) Name, address, and telephone number of the applicant. If the applicant will be represented by an agent, the name, address, and telephone number of the agent as well as an original signature of the applicant authorizing the agent to represent the applicant.

(b) Name, address, and telephone number of the property owner. 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 applications and authorizing the submission of the application.

(c) Address of each proposed tower location, including Tax Map section, block, and lot number.

(d) Evidence that the proposed tower height does not exceed the height recommended by the manufacturer or distributor of the system.

(e) A line drawing of the electrical components of the system in sufficient detail to allow for a determination that the manner of installation conforms to Chapter 74, Fire Prevention and Building Construction.

(f) Sufficient information demonstrating that the system will be used primarily to reduce consumption of electricity at that location.

(g) Written evidence that the electric utility service provider that serves the proposed site has been informed of the applicant's intent to install an interconnected customer-owned electricity generator, unless the applicant does not plan, and so states in the application, to connect the system to the electricity grid.

(h) A visual analysis of the small WECS as installed, which may include a computerized photographic simulation, demonstrating the visual impacts from nearby strategic vantage points. 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.

(3) All small wind energy systems shall comply with the following development standards. Such systems shall also comply with all the requirements established by other parts of this section that are not in conflict with the requirements contained in this small wind energy conversion systems subsection.

(a) The system shall be located in the Residential-Agricultural (R-A) District on a lot at least one acre in size; however, this requirement may be met by multiple owners submitting a joint application.

[Amended 8-11-2008 by L.L. No. 5-2008]

(b) Only one small wind energy system tower per legal lot shall be allowed, unless there are multiple applicants, in which case their joint lots shall be treated as one lot for purposes of this section.

(c) Small wind energy systems shall be used primarily to reduce the on site consumption of electricity.

(d) Tower heights may be allowed as follows:

[1] Ninety feet or less on parcels between one and five acres.

[2] One hundred twenty feet or less on parcels of five or more acres.

[3] The allowed height shall be reduced if necessary to comply with all applicable Federal Aviation requirements, including Subpart B (commencing with § 77.11) of Part 77 of Title 14 of the Code of Federal Regulations, regarding installations close to airports.

(e) The system's 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 incorporates nonreflective surfaces to minimize any visual disruption.

(f) The system shall be designed and located in such a manner to minimize adverse visual impacts from public viewing areas.

(g) Exterior lighting on any structure associated with the system shall not be allowed except that which is specifically required by the Federal Aviation Administration.

(h) All on-site electrical wires associated with the system shall be installed underground except for tie-ins to a public utility company and public utility company transmission poles, towers and lines. This standard may be modified by the reviewing body if the project terrain is determined to be unsuitable due to reasons of excessive grade, biological impacts, or similar factors.

(i) The system shall be operated such that no disruptive electromagnetic interference is caused. If it has been demonstrated that a system is causing harmful interference, the system operator shall promptly mitigate the harmful interference or cease operation of the system.

(j) At least one sign shall be posted on the tower at a height of five feet warning of electrical shock or high voltage and harm from revolving machinery. No brand names, logo 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 or tower's manufacturer's logo may be displayed on a system generator housing in an unobtrusive manner.

(k) Towers shall be constructed to provide one of the following means of access control or other appropriate method of access:

[1] Tower-climbing apparatus located no closer than 12 feet from the ground.

[2] A locked anticlimb device installed on the tower.

[3] A locked, protective fence at least six feet in height that encloses the tower.

(l) Construction of on-site access roadways shall be minimized. Temporary access roads used for initial installation shall be regraded and revegetated to the preexisting natural condition after completion of installation.

(m) To prevent harmful wind turbulence from existing structures, the minimum height of the lowest part of any horizontal axis wind turbine blade shall be at least 30 feet above the highest structure or tree within a radius of 250 feet. Modification of this standard may be made when the applicant demonstrates that a lower height will not jeopardize the safety of the wind turbine structure.

(n) All small wind energy system tower structures shall be designed and constructed to be in compliance with pertinent provisions of Chapter 74, Fire Prevention and Building Construction.

(o) All small wind energy systems shall be equipped with manual and automatic over-speed controls. The conformance of rotor and over-speed control design and fabrication with good engineering practices shall be certified by the manufacturer.

(4) All small wind energy systems shall comply with the following standards:

(a) A small WECS shall not be located closer to a property line than 1 1/2 times the total height of the WECS.

(b) Except during short-term events, including utility outages and severe wind storms, a small WECS shall be designed, installed, and operated so that noise generated by the system does not exceed the 50 decibels (dBA), as measured at the closest neighboring, inhabited dwelling.

(5) A small WECS which is not used for 12 successive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner. Failure to abide by and faithfully comply with this section or with any and all conditions that may be attached to the granting of any building permit shall constitute grounds for the revocation of the permit by the Town.

(6) All small WECS shall be maintained in good condition and in accordance with all requirements of this section.

(7) Procedure. An application for a wind energy permit shall be submitted to the Code Enforcement Officer, who shall issue the permit if the proposed small WECS meets all requirements hereof.

[Added 8-11-2008 by L.L. No. 5-2008]

U. Waivers.

(1) The Town Board may, after a public hearing (which may be combined with other public hearings on wind energy facilities, so long as the waiver request is detailed in the public notice), grant a waiver from the strict application of the provisions of this section if, in the opinion of the Town Board, the grant of said waiver is in the best interests of the Town. The Town Board may consider as reasonable factors in evaluating the request, which may include, when applicable, the impact of the waiver on the neighborhood, including the potential detriment to nearby properties, the benefit to the applicant, feasible alternatives, and the scope of the request.

(2) The Town Board may attach such conditions as it deems appropriate to waiver approvals as it deems necessary to minimize the impact of the waiver.

V. Fees.

(1) In addition to any fee schedule adopted by the Town of Chautauqua Town Board, there shall be nonrefundable application fees as follows:

(a) Wind Overlay Zone rezoning: a fee in an amount as established by resolution of the Town Board per zone.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(b) WECS special use permit: a fee in an amount as established by resolution of the Town Board per megawatt of rated maximum capacity.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(c) Wind measurement towers: a fee in an amount as established by resolution of the Town Board per tower.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(d) Wind measurement tower special use permit renewals: a fee in an amount as established by resolution of the Town Board per wind measurement tower.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(e) The cost of all legal notices and mailings shall be assessed to the applicant.

(2) The Town Board may amend these fees, by resolution, after a properly noticed public hearing.

W. Building permits.

(1) The Town believes the review of building and electrical permits for wind energy facilities requires specific expertise for those facilities. Accordingly, the permit fees, if any, for such facilities shall be increased by administrative costs which shall be in an amount as established from time to time by resolution of the Town Board per permit request, plus the amount charged to the Town by the outside consultant hired by the Town to review the plans and inspect the work.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(2) In the alternative, the Town and the applicant may enter into an agreement for an inspection and/or certification procedure for these unique facilities. In such case, the Town and the applicant will agree to a fee arrangement and escrow agreement to pay for the costs of the review of the plans, certifications or conduct inspections as agreed by the parties.

(3) The applicant shall, prior to the receipt of a building permit, demonstrate that the proposed facility meets the system reliability requirements of the New York Independent System Operator, or provide proof that it has executed an interconnection agreement with the New York Independent System Operator and/or the applicable transmission owner.

X. Host community agreements. 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 the expenses or other impacts of a WECS 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.

Y. Tax exemption. The Town hereby exercises its right to opt out of the tax exemption provisions of Real Property Tax Law § 487, pursuant to the authority granted by Subdivision 8 of that law.

Z. Enforcement; penalties and remedies for violations.

(1) The Town Board shall appoint such Town staff or outside consultants as it sees fit to enforce this section.

(2) Any person owning, controlling, or managing any building, structure, or land who shall undertake a wind energy conversion facility or wind measurement tower in violation of this section or in noncompliance with the terms and conditions of any permit issued pursuant to this section, or any order of the Code Enforcement Officer, and any person who shall assist in so doing, shall be guilty of an offense and subject to a fine of not more than $350 or to imprisonment for a period of not more than 15 days, or subject to both such fine and imprisonment for a first offense; for a second offense (both within a period of five years) a fine not less than $350 nor more than $700, or imprisonment not to exceed six months, or both; and for a third or more offense (all of which occurred within five years) a fine not less than $700 nor more than $ 1,000, or imprisonment not to exceed six months, or both. Every such person shall be deemed guilty of a separate offense for each week such violation shall continue. The Town may institute a civil proceeding to collect civil penalties in the amounts set forth herein for each violation and each week said violation continues shall be deemed a separate violation.

(3) In case of any violation or threatened violation of any of the provisions of this section, including the terms and conditions imposed by any permit issued pursuant to this section, in addition to other remedies and penalties herein provided, the Town may institute any appropriate action or proceeding to prevent such unlawful erection, structural alteration, reconstruction, moving and/or use, and to restrain, correct or abate such violation, to prevent the illegal act.

§ 143-53.2 Solar energy system regulations.

[Added 4-10-2017 by L.L. No. 1-2017; amended 3-8-2023 by L.L. No. 2-2023]

A. Purpose. The Town Board of the Town Chautauqua, exercising the authority granted to under the Town Law of the State of New York to protect the health, safety, and welfare of the residents and property owners of the Town of Chautauqua, does hereby enact this section to regulate the construction, maintenance and placement of solar energy systems and equipment in the Town of Chautauqua. The purpose of this regulation is to balance the potential impact on neighbors when solar collectors may be installed near their property, while preserving the rights of property owners to install solar collection systems without excess regulation. The Town of Chautauqua recognizes the importance of solar systems in generating electricity for on-premises and off-premises use, the reduction of greenhouse gas emissions and support for emerging solar system economic development.

B. Definitions. As used in this section, the following terms shall have the meaning indicated:

BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV)

A solar energy system that consists of integrating photovoltaic modules into the building structure. Technologies include PV shingles or tiles, PV laminates and PV glass. Examples of placement include vertical facades, semitransparent skylights, awnings, fixed awnings and roofs.

GROUND-MOUNTED SYSTEMS

A solar energy system that is anchored to the ground and attached to a pole or similar mounting system, detached from any other structure.

LARGE-SCALE SYSTEM

Solar energy systems located on land in the Town of Chautauqua used primarily to convert solar energy into electricity for off-site consumption or sale and/or systems that have the capacity to produce more than 25 kW per hour of energy.

ROOF-MOUNTED SYSTEM

A solar power system in which solar panels are mounted on top of the structure of a roof either as a flush-mounted system or as modules fixed to frames which can be tilted toward the sun at an optimal angle. Roof-mounted systems shall be located on a roof of a permitted principal use or accessory structure.

SMALL-SCALE SOLAR

A solar energy system that installed and placed for the production of energy for consumption only on-site, and that has the capacity to produce less than 25 kW per hour of energy.

SOLAR ENERGY EQUIPMENT

Energy storage devices, materials, hardware, or electrical equipment and conduit associated with the production of electrical energy.

SOLAR ENERGY PRODUCTION FACILITY

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.

SOLAR ENERGY SYSTEM

Includes a combination of both solar panels and solar energy equipment.

SOLAR PANEL

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

SOLAR STORAGE BATTERY

A device that stores energy from the sun and makes it available in an electrical form.

C. Applicability.

(1) The requirements of this section shall apply to all solar energy systems installed or modified after the effective date of the local law by which it was adopted, excluding general maintenance and repair.

(2) All solar energy systems shall be designed, erected and installed or modified in accordance with all applicable codes, regulations and industry standards as referenced in the New York State Building Code and the Town Code as well as the National Electrical Code (NEC), National Fire Protection Code 70 (NFPA 70), and local regulations.

(3) Under SEQRA regulations, actions are classified as Type I, Type II, or Unlisted actions. Type II actions are exempt from review and include actions such as the construction, expansion or placement of minor or accessory structures. The Town of Chautauqua considers building-integrated solar components and small scale systems to be Type II actions and therefore exempt from all SEQRA requirements, including the submission of an EAF (Environmental Assessment Form). Large-scale systems and solar energy production facilities that meet thresholds contained in the SEQRA regulations and are considered more likely than others to have a significant adverse impact shall be considered Type I actions. However, the need for a complete environmental impact statement (EIS) shall be determined by the permitting board on a case-by-case basis in accordance with the significance of the potential adverse environmental impact.

D. Solar as an accessory use/structure. This section governs the placement and installation of small-scale solar systems as defined herein. The installation of small-scale solar systems does require the applicant to obtain a building permit from the Town of Chautauqua.

(1) Roof-mounted systems. Roof-mounted systems are permitted as an accessory use in all zoning districts when attached to a lawfully-permitted principal structure and/or accessory structure, subject to the following requirements:

(a) Height. Solar energy systems shall not exceed maximum height restrictions within any zoning district and are provided the same height exemptions granted to building-mounted mechanical devices and equipment.

(b) Setback. Solar energy systems are subject to the setback requirements of the underlying zoning district.

(c) Aesthetics. Solar energy equipment shall incorporate the following design requirements:

[1] Solar energy equipment shall be installed outside the primary residence or accessory structure and as close to a public utility electrical meter as possible.

[2] Roof-mounted panels facing the front yard must be mounted at the same angle as the roof's surface with a maximum distance of 18 inches between the roof and highest edge of the system.

[3] Access and Pathways (NFPA Section 324.7). Roof access, pathways, and spacing requirements for solar photovoltaic systems shall be provided in accordance with NFPA Sections R324.7.1 through R324.7.6.

[a] Exceptions:

[i] Roof access, pathways and spacing requirements need not be provided where an alternative ventilation method has been provided, or where vertical ventilation techniques will not be employed.

[ii] Detached garages and accessory units.

[4] Size of solar photovoltaic array (324.7.1). Each photovoltaic array shall not exceed 150 feet in any direction. (45,720 mm).

[5] Roof access points (324.1.2). Roof access points shall be located:

[a] In areas that establish access pathways which are independent of each other and as remote from each other as practicable so as to provide escape routes from all points along the roof.

[b] In areas that do not require the placement of ground ladders over openings such as windows or doors or areas that may cause congestion or create other hazards.

[c] At strong points of building construction, such as corners, pilasters, hips, and valleys and other areas capable of supporting the live load from emergency responders.

[d] Where the roof access point does not conflict with overhead obstructions such as tree limbs, wires, or signs.

[e] Where the roof access point does not conflict with ground obstructions such as decks, fences, or landscaping.

[f] In areas that minimize roof tripping hazards such as vents, skylights, satellite dishes, antennas, or conduit runs.

[6] Ground access areas (324.7.3). Ground access areas shall be located directly beneath access roofs and roof access points. The minimum width of the ground access area shall be the full width of the access roof or roof access point, measured at the eave. The minimum depth shall allow for the safe placement of ground ladders for gaining entry to the access roof.

[7] Single-ridge roofs (324.7.4). Panels, modules, or arrays installed on roofs with a single ridge shall be located in a manner that provides two thirty-six-inch-wide (914mm) access pathways extending from the roof access point to the ridge. Access pathways on opposing roof slopes shall not be located along the same plane as truss, rafter, or other such framing system that supports the pathway.

[a] Exceptions:

[i] Roofs with slopes of two units vertical in 12 units horizontal (16.6%) and less.

[ii] Structures where an access roof fronts a street, driveway or other area readily accessible to emergency responders.

[iii] One access pathway shall be required when a roof slope containing panels, modules or arrays is located not more than 24 inches (610 mm) vertically from an adjoining roof which contains an access roof.

[8] Hip roofs (324.7.5). Panels, modules and arrays installed on dwellings with hip roofs shall be located in a manner that provides a clear access pathway not less than 36 inches (914mm), extending from the roof access point to the ridge or peak, on each roof slope where panels, modules or arrays are located.

[a] Exceptions:

[i] Roofs with slopes of two units vertical in 12 units horizontal (16.6%) or less.

[ii] Structures where an access roof fronts a street, driveway or other area readily accessible to emergency responders.

[9] Roofs with valleys (324.7.6). Panels and modules shall not be located less than 18 inches (457 mm) from a valley.

[a] Exceptions:

[i] Roofs with slopes of two units vertical in 12 units horizontal (16.6%) or less.

[10] Allowance for smoke ventilation operations (324.7.7). Panels and modules shall not be located less than 18 inches (457 mm) from a ridge or peak.

[a] Exceptions:

[i] Where an alternative ventilation method has been provided or where vertical ventilation methods will not be employed between the uppermost portion of the solar photovoltaic system and the roof ridge or peak.

[ii] Detached garages and accessory structures.

(d) Notification to the Fire Service. Notification in writing to the Fire Department having operational authority at the location where the system will be installed shall be made no later than 10 days following installation:

[1] Notification shall include a site map showing the location of the solar energy electrical panel, as well as the proper operation of the disconnect switch(s) in the event of a fire or other emergency situation where the homeowner, tenant or other personnel is not available or familiar with the safe shutdown operation of unit so as to have the ability to cut power from the solar panels.

[2] In addition, a proper written statement showing the method of shutdown shall be posted inside the main electrical panel of the unit which can be readily accessible for and to firefighting personnel.

(2) Ground-mounted systems.

(a) Ground-mounted solar energy systems are permitted as an accessory structure in all zoning districts, subject to the requirements set forth in this section.

(b) All ground-mounted solar panels in residential districts shall be installed in the rear yard. If a side yard installation is applied for, it shall be subject to all setback requirements of the underlying zoning district, and such an application for side yard shall require site plan review by the Town of Chautauqua Zoning Board of Appeals.

(c) Setback(s). Ground-mounted solar panels are subject to setback requirements of the underlying zoning district.

(d) Height. Solar panels are restricted to a height of 15 feet when located with a minimum setback distance of 10 feet from a lot line; a height of 20 feet when located with a minimum setback distance of 15 feet from a lot line; and maximum height of 25 feet when located with a setback distance of 25 feet or greater. All height measurements are to be calculated when the solar energy system is oriented at maximum tilt.

(e) Lot coverage. The surface area of ground-mounted solar panels shall be included in lot coverage and impervious surface calculations and shall not exceed 30% of the lot size.

(f) Other:

[1] Any application for installation and placement of small-scale solar energy system under this section in a side yard location shall require an application containing a site plan showing the location of all solar energy system components, their location on the premises, their location on the premises in relation to the property line and any and all structures on the premises, and the nearest structure located on the premises adjacent thereto.

[2] The site plan for such installation shall be reviewed by the Zoning Board of Appeals and shall be approved by a majority thereof.

E. Solar as principal use.

(1) Large-scale solar systems are permitted by the issuance of a special use permit by the Town Board within the Residential-Agricultural (R-A) District, subject to the requirements set forth in this section.

(a) Every application for a large-scale system within the Town of Chautauqua shall be made to the Town Board and shall be approved by a majority vote thereof.

(b) Prior to Town Board review of the application it may refer said application to the Zoning Board of Appeals for site plan review, report and recommendation for approval or disapproval.

(c) The Town Board shall hold a public hearing upon 10 days' notice duly posted and published in the official newspaper of the Town and on the Town bulletin board, before granting the special use permit.

(2) Special use permit application requirements. Every application for a special use permit under this section shall contain the following information:

(a) Verification of utility notification. Foreseeable infrastructure upgrades shall be documented and submitted. Off-grid systems are exempt from this requirement.

(b) Name, address, and contact information of the applicant, property owner(s) and agent submitting the proposed project application.

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

(d) Blueprints showing the layout of the proposed system signed by a professional engineer or registered architect.

(e) Equipment specification sheets for all photovoltaic panels, significant components, mounting systems and invertors that are to be installed.

(f) A property operation and maintenance plan describing continuing photovoltaic maintenance and property upkeep, such as mowing, trimming, etc.

(g) Decommissioning plan:

[1] To ensure the proper removal of large-scale systems, the decommissioning plan shall include details regarding the removal of all infrastructures and the remediation of soil and vegetation back to its original state prior to construction, unless otherwise permitted. A cost estimate detailing the projected cost of executing the decommissioning plan shall be prepared by a professional engineer or contractor. Cost estimates shall take inflation into account. In the case of a lease, the cost of decommissioning shall be borne by the entity or corporation that is leasing the property in question and not the landowner.

[2] A form of surety, through escrow, bond or the equivalency of, shall be established prior to the commencement of construction to cover the cost of decommissioning the site. The amount of surety required may not exceed 125% of the estimated cost to decommission.

(3) Special use permit standards.

(a) Setback(s): All large-scale solar energy systems shall be set back a minimum of 100 feet from any property line and a minimum of 300 feet from any residential building, school, place of public worship, or designated historic district or landmark. If the applicant controls multiple, contiguous parcels, only the exterior boundary of the aggregated parcels shall be considered the property line for purposes of determining setbacks.

(b) All large-scale solar energy systems shall be enclosed by fencing to prevent unauthorized access. Warning signs shall be placed on the entrance and perimeter of the fencing. The height and type of fencing shall be determined by the special use permit process.

(c) On-site electrical interconnection lines and distribution lines shall be placed underground, unless otherwise required by the utility.

(d) The removal of existing vegetation shall be limited to the extent necessary for the construction and maintenance of the solar installation.

(4) Ownership changes. If the owner of the solar energy 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 solar energy system shall notify the 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 Code Enforcement Officer in writing. The special use permit and all other local approvals for the solar energy system would be void if a new owner or operator fails to provide written notification to the 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.

F. Solar storage batteries.

(1) If solar storage batteries are included as part of the solar energy collection system, they must be placed in a secure container or enclosure meeting the requirements of the New York State Building Code. All solar storage batteries, their maintenance, placement, and location shall also comply with all applicable rules and regulations as promulgated by New York State Building Code and the National Electric Code.

(2) When batteries are no longer in use, they shall be disposed of in accordance with the laws of the State of New York and any applicable federal or local disposal rules or regulations.

G. Waiver relief. The Town Board recognizes that no regulation can anticipate every creative plan that may be devised, which, though not in strict compliance with the provisions of this section, nevertheless, is not objectionable. Accordingly, the Town Board is hereby empowered to grant relief to an applicant from the strict application of this section where the applicant provides sufficient grounds for a finding that the proposal comports as much as feasible with the spirit and letter of this section and, though not in strict compliance therewith, remains aesthetically pleasing, protects neighboring properties, and preserves property values within the Town of Chautauqua.

H. Reimbursement of fees and expenses.

(1) An applicant shall reimburse the Town for any fee or expense incurred in hiring subject matter experts and attorneys to review whether a solar energy system proposed for siting pursuant to Article 10 of the New York Public Service Law or § 94-c of the Executive Law complies with the substantive provision of this section.

(2) The applicable fees for any review or permit required by this section shall be set from time to time by resolution of the Town Board.

(3) An applicant for either state or local siting approval shall deliver to the Town Board, along with its application, if local approval is sought, or 180 days prior to the filing of an Article 10 or § 94-c application, if applicable, an amount equal to 1% of the estimated cost of the project (the "initial deposit"). This sum shall be held by the Town in a non-interest-bearing account and shall be available to the Town to pay consultants and attorneys engaged by the Town to assist in its review of and preparation for an Article 10 or § 94-c application. Should the Town be awarded intervenor funds, it shall switch to and deplete those funds before making further use of the initial deposit. Following the approval or denial of the state or local application, the Town shall return to the applicant any excess funds remaining in escrow. If the escrow account has been depleted prior to approval or denial of the application, the applicant shall deposit such funds necessary for the Town to pay any outstanding consulting fees.

I. Violations.

(1) Any violation of any provisions of this section shall be punishable by penalty or a term of imprisonment as prescribed in § 268 of the Town Law of the State of New York.

(2) Notwithstanding the above, the Town Board of the Town of Chautauqua hereby reserves the right to proceed to enforce the provisions of this section by civil action, injunction, and any other remedy afforded to it by the laws of the State of New York or the United States.

§ 143-54 Clear vision at intersections and boundary lines.

[Amended 5-13-1996 by L.L. No. 1-1996]

A. Clear vision shall be maintained in the triangular area of a corner lot formed by intersecting street lines and a line connecting them at points 40 feet distant from their intersection. In such area, no tree, shrub or other planting shall be placed or permitted to remain, and no structure shall hereafter be permitted which obstructs sight lines at elevations between two and 10 feet above the street grade.

B. No wall, fence or natural barrier such as a hedge or other continuous planting exceeding 52 inches shall be constructed, installed or planted within three feet of a front or side boundary line. Also see § 143-58.1.

[Amended 8-11-1997 by L.L. No. 4-1997; 6-8-2015 by L.L. No. 1-2015]

§ 143-55 New street right-of-way to determine building line.

If a street right-of-way has been established in anticipation of future street widening, such new street right-of-way shall be used in determining front yard depth or side yard width, as the case may be.

§ 143-56 Location of buildings or structures.

[Amended 7-14-1986 by L.L. No. 2-1986; 5-8-1995 by L.L. No. 2-1995]

Except for lots bounded by Lake Chautauqua, no building or structure, regardless of principal or accessory use, shall:

A. Be placed in any required side yard or front yard.

B. Be placed in any required rear yard, except that an accessory structure may be placed in such required rear yard, provided that it does not occupy more than 25% of the area thereof, and provided, further, that no part of such accessory structure is closer than 10 feet to any dwelling unless attached thereto and considered part thereof for purpose of yard measurement.

C. Be placed within eight feet of the edge of any navigable creek bed. The edge of the navigable creek bed shall be determined when the creek is at its mean high-water mark.

[Added 5-8-1995 by L.L. No. 2-1995[1]; amended 7-9-2012 by L.L. No. 1-2012]

[1] This local law also provided for the redesignation of former Subsection C as D.

D. In any event be placed within eight feet of any side or rear boundary line of a lot located in a R, R-L, R-A or R-R District.

[Amended 6-22-1987 by L.L. No. 3-1987]

§ 143-57 Front yard exceptions.

[Amended 12-12-1983 by L.L. No. 3-1983]

If, on one side of a street within a given block (or within 500 feet on each side for rural roads for which the concept of a block cannot be practically applied), there are existing buildings at the time of passage of this chapter, then the depth of the required front yard will be the average depth of the front yards of the above buildings as measured from the front lot line to the main front wall of these same buildings and as determined by the Code Enforcement Officer or his designee; provided, however, that no front yard shall be required of more than 60 feet in depth.

§ 143-58 Projections into yards.

[Amended 8-11-1997 by L.L. No. 4-1997]

The following structures shall be allowed within required yards:

A. Balconies, bay windows, chimneys and roof projections, not exceeding three feet.

B. Unenclosed porches projecting into any required side or rear yard not more than 1/4 the required width or depth of such yards.

C. An unenclosed step not extending above the floor level of the first story.

D. Walls and fences authorized by § 143-58.1.

§ 143-58.1 Fences and walls.

[Added 8-11-1997 by L.L. No. 4-1997]

Fences and walls are defined in § 143-3. Fences, unless specifically exempted, shall require permits in all districts and conform to the regulations which follow:

A. Exempt fencing. A farm fence shall be exempt from all regulations. Additionally, nonboundary fencing not to exceed seven feet in height located more than 25 feet from any property line shall also be exempt.

B. Permits. Fences shall be allowed up to 52 inches in height by right. Fences above 52 inches in height shall require a variance where consideration shall be given to visibility from adjacent properties, light and air movement, etc.

[Amended 6-8-2015 by L.L. No. 1-2015]

C. Setback from road. Fences shall be set back a minimum of 10 feet from the edge of the road (street) and shall not be located within the legal highway right-of-way.

D. No fence exceeding 52 inches in height shall be constructed, installed or planted within three feet of a front, side, or rear boundary line.

[Amended 6-8-2015 by L.L. No. 1-2015]

E. Finished sides. The finished sides of all fences must face adjacent properties.

F. Materials. Only durable materials generally used and accepted by the industry shall be used for fences. No fence shall be newly erected using barbed wire except farm fences.

G. Maintenance. All fences shall be maintained structurally and visually.

H. Fire hazard. Any fence considered to be flammable as defined in the New York State Uniform Fire Prevention and Building Code shall be prohibited.

I. Nonconforming fences. Fences erected and in place on August 15, 1997, may remain where located and at their present height, but may not be replaced.

§ 143-59 Requirements for lots on Chautauqua Lake.

Nothing to the contrary herein provided, the following requirements and regulations shall pertain to lots bounded by Chautauqua Lake:

A. Conditions governing placement of buildings on lots bounded by Lake Chautauqua.

[Added 12-12-1988 by L.L. No. 3-1988]

(1) On a lot bounded by Chautauqua Lake, no building, other than a boathouse, shall be placed within 40 feet of the shoreline of said lake.

[Amended 5-8-1995 by L.L. No. 2-1995]

(2) Boathouses and docks.[1]

[Added 5-8-1995 by L.L. No. 2-1995]

(a) Any owner of noncommercial waterfront real property may locate thereon one boathouse which cannot exceed a height of 16 feet and one dock.

(b) Any boathouse constructed or altered shall maintain a minimum setback of 10 feet from adjacent property lines as projected in a straight line from the mean high-water mark to the nearest point of change in direction of said line of more than two degrees, plus or minus, in each such adjacent property line.[2]

[Amended 7-9-2012 by L.L. No. 1-2012]

[2] Editor's Note: Former Subsection A(2)(c), which regulated the configuration and size of docks in Chautauqua Lake, which immediately followed this subsection, was repealed 7-10-2002 by L.L. No. 1-2002.

[1] Editor's Note: This local law also provided for the redesignation of former Subsection A(2) through (4) as Subsection A(3) through (5), respectively.

(3) The front yard of a lot bounded by Chautauqua Lake shall be the unoccupied ground area fully open to the sky, except as otherwise permitted, between the shoreline of said lake and a line drawn parallel thereto.

(4) The rear yard of a lot bounded by Chautauqua Lake shall be the unoccupied ground area fully open to the sky, except as otherwise permitted, between the street line and a line drawn parallel thereto and at a distance of 30 feet therefrom. In all cases, when the street line cannot be established, 1/2 of the width of the street or road shall be added to the rear yard requirement, and the rear yard shall be measured from the center of the street or road.

(5) The first floor of any dwelling or building or any life support facilities or space, including any wood support thereof, shall be placed at an elevation not less than 1,311.6 feet above sea level according to the United States Geological Survey data for the area or elevation benchmarks placed in the area and shown on maps in the office of the Chautauqua County Department of Planning in the County Office Building at Mayville, New York.

B. Regulation of access to the use of lakefront lots in Residential (R), Residential-Lakefront (R-L), Planned Unit Development (PUD), Residential-Recreation (R-R), Residential-Agricultural (R-A) and Business (B) Districts.

[Added 12-12-1988 by L.L. No. 3-1988; amended 10-9-1989 by L.L. No. 1-1989]

(1) In the case of a lakefront lot on Chautauqua Lake in any of the districts enumerated in Subsection B above in which it is intended to grant or permit access to such lot by deed, easement, contract or otherwise for the use of the waterfront for swimming, sunbathing, boating and/or any other recreational purposes by any person, corporation, association or other entity not having separate and distinct ownership of a lakefront lot, no such access to the lakefront shall be permitted unless the lakefront lot to which access is to be granted has a minimum area of 10,000 square feet and is entirely free of any building or structure suitable for overnight habitation and subject to all of the requirements hereinafter set out.

(2) Where access to the lakefront is to be granted to four or more lots, parcels or dwellings, not being lakefront lots, parcels or dwellings, 2,500 square feet of the property fronting on the lake shall be required for each property, lot, dwelling or housing unit granted any form of access thereto. The lakefront lot shall have a minimum width at the lake of least 75 feet for the first four access grants or privileges. If more than four access grants or privileges are involved, there must be an additional 15 feet of width at the lakefront for each additional property, lot, dwelling or housing unit granted access in excess of four. If more than five access grants or privileges are involved, there must be an additional 15 feet of width at the lakefront for each additional property, lot, dwelling or housing unit granted access.

(3) Lots intended to serve as waterfront access as described in Subsection B above shall also meet the following requirements:

(a) If the waterfront access lot is intended for both swimming and boating, a separate portion of the waterfront lot shall be designated for swimming and a separate portion for boating.

(b) Vegetative screening shall be provided between waterfront access lots and adjoining waterfront residential lots.

(c) Authority to use a waterfront lot in accordance with this Subsection B shall be subject to the procedures for obtaining a special use permit pursuant to Article XII of this chapter, and the application shall provide such pertinent information as the Board of Appeals or the Town Board determines to be necessary.

(4) All shoreline widths shall be measured, for § 143-59B purposes only, as follows: Shoreline frontages are measured along the lakefront as it winds and turns naturally at the mean high-water mark, connecting the shorefront ends of the side lot lines.

[Amended 9-22-2005 by L.L. No. 3-2005]

(5) In granting a special use permit, the Town Board may make its approval contingent upon the applicant meeting specific requirements set forth by the Town Board which the Board finds are necessary for the health, safety and welfare of the Town's residents or visitors and in keeping with the overall comprehensive planning for the Town, as well as aesthetic considerations. If the waterfront access lot has a preexisting dwelling in good livable condition, the Town Board may not require the removal of the dwelling but may consider under what additional conditions it would approve the issuance of a special use permit; provided, however, that the dwelling is a single-family unit and shall be counted as one of the grants.

(6) The provisions of this Subsection B shall be applied to any land transaction which is recorded subsequent to the effective date of this subsection and shall also be applied to any application for a building permit or certificate of zoning compliance made after the effective date of this subsection, whether or not the land transaction granting or affording such rights was recorded prior to the effective date of this subsection.

§ 143-59.1 Stormwater management, erosion and sediment control.

[Added 5-13-2013 by L.L. No. 1-2013]

A. Purpose. The purpose of this supplemental section is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within the Town. This supplemental section seeks to meet those purposes by achieving the following objectives:

(1) Require land development activities to conform to the substantive requirements of the New York State Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities GP-0-10-001, or as amended or revised.

(2) Minimize increases in the magnitude, rate, and frequency of stormwater runoff between predevelopment and post-development conditions from land use activities so as to prevent an increase in flooding, siltation and streambank erosion.

(3) Prevent accelerated soil erosion and sedimentation so as to avoid its deposit in streams and other receiving water bodies.

(4) Reduce detrimental impacts of stormwater flows on adjacent properties and downstream communities.

(5) Minimize the accumulation, and facilitate the removal of pollutants in stormwater runoff so as to perpetuate the natural biological and recreational functions of streams, water bodies, and wetlands.

(6) Reduce the need for costly maintenance and repairs to roads, embankments, ditches, streams, lakes, ponds, wetlands, and stormwater control facilities resulting from inadequate control of soil erosion and stormwater runoff.

(7) Assure soil erosion control and stormwater runoff control systems are incorporated into site planning at an early stage.

B. Applicability.

(1) This supplemental section applies to all land development activities and/or redevelopment activities that exceed any one of the thresholds below, unless exempt pursuant to Subsection C below. No person may undertake a land development activity without first meeting the requirements of this supplemental section.

(2) This supplemental section defines three levels of applicability. Depending on the area of disturbance and other criteria listed below, land development activities will require either:

(a) A full SWPPP (stormwater pollution prevention plan) with both erosion and sediment control and post-construction water quality and quantity controls;

(b) A basic SWPPP with erosion and sediment control; or

(c) A simple SWPPP, with a generic small site erosion and sediment control plan.

(3) Any of the following activities require a full SWPPP, with erosion and sediment control and post-construction water quality and quantity controls, completed in accordance with the substantive requirements of the New York State Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities GP-0-10-001, or as amended or revised:

(a) Any land development activity with an area of disturbance greater than or equal to one acre that is listed in the New York State Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities GP-0-10-001, Appendix B, Table 2.

(b) Any single-family home or single-family residential subdivision, with an area of disturbance greater than or equal to one acre, that will directly discharge into Chautauqua Lake.

(4) Any of the following activities require a basic SWPPP, with erosion and sediment controls, completed in accordance with the substantive requirements of the New York State Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities GP-0-10-001 or as amended or revised, unless already subject to a full SWPPP as described above:

(a) Any land development activity with an area of disturbance greater than or equal to one acre that is listed in the New York State Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities GP-0-10-001, Appendix B, Table 1.

(b) The construction of a single-family home not directly discharging into Chautauqua Lake that involves an area of disturbance greater than or equal to one acre of land, but less than five acres.

(c) The construction of a single-family residential subdivision with 25% or less of impervious surface cover at total site build-out and not directly discharging into Chautauqua Lake that involves an area of disturbance greater than or equal to one acre of land, but less than five acres.

(d) Construction of a barn or other agricultural building, silo, stock yard or pen that involves an area of disturbance greater than or equal to one acre of land, but less than five acres.

(5) Any of the following activities require a simple SWPPP, unless already subject to a basic or full SWPPP as described above:

(a) Any land development activity or redevelopment activity with an area of disturbance greater than or equal to 2,500 square feet but less than one acre.

(b) Any land development activity that involves the excavation or filling, resulting in the movement of 250 cubic yards or more of soil or similar material.

(c) Any land development activity, regardless of size, that the Town Code Enforcement Officer determines likely to cause an adverse impact, according to criteria of slope, soil erodibility, proximity to a sensitive area, or proximity to a stormwater structure or facility.

C. Exemptions. The following activities are exempt in part or in whole from review under this supplemental section:

(1) Silvicultural activities as defined, except that landing areas and log haul roads are subject to this law.

(2) Agricultural activity as defined.

(3) Routine maintenance activities that disturb less than one acre and are performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility.

(4) Repairs to any stormwater management practice or facility deemed necessary by the Code Enforcement Officer.

(5) Subdivision plats approved by the Town before the effective date of this law, except individual building permits applied for on or after the effective date of this law are subject to this law.

(6) Land development activities for which a building permit has been approved before the effective date of this law, although the provisions of this law may be applied to permit renewals, or substantial modifications to the original proposal if occurring on or after the effective date of this law.

(7) Cemetery graves.

(8) Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles.

(9) Emergency activity immediately necessary to protect life, property or natural resources.

(10) Activities of an individual engaging in home gardening by growing flowers, vegetables and other plants primarily for use by that person and his or her family.

(11) Landscaping and horticultural activities in connection with an existing structure creating less than 2,500 square feet of land disturbance in total.

D. Stormwater pollution prevention plans (SWPPP).

(1) SWPPP submittal requirements. Any land development activity and/or redevelopment activity that exceeds the thresholds listed in Subsection B of this section, and are not exempt pursuant to Subsection C of this section, shall complete and submit a SWPPP as follows:

(a) Simple SWPPP.

[1] Any land development or redevelopment activity required to complete a Type I or II Simple SWPPP must complete the Simple SWPPP in accordance with the requirements of Subsection D(3) and Subsection E of this supplemental regulation. Informational requirements that are not relevant or necessary to meet the erosion and stormwater objectives of this supplemental section may be waived by the reviewing board or official.

[2] Once completed, the Type I or II Simple SWPP shall be submitted to the reviewing board as part of an application, and/or the Code Enforcement Officer, as part of an application for a building or zoning permit.

(b) Basic SWPPP.

[1] Any land development or redevelopment activity required to complete a Basic SWPPP must comply with the substantive requirements of the New York State Department of Environmental Conservation (DEC) State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities GP-0-10-001 or as amended or revised. Such activities will be required to undertake and complete all required submittals to the DEC.

[2] Copies of the final SWPPP and notice of intent (NOI), submitted to the DEC, and completed in accordance with the technical standards referenced in Parts III.B.1, 2 or 3 of the New York State Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities GP-0-10-001 or as amended or revised, and contained in part in Subsection D of this supplemental section, shall be submitted to the reviewing board as part of an application, and/or the Code Enforcement Officer, as part of an application for a building or zoning permit.

(c) Full SWPPP.

[1] Any land development or redevelopment activity required to complete a Full SWPPP must comply with the substantive requirements of the New York State Department of Environmental Conservation (DEC) State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities GP-0-10-001 or as amended or revised. Such activities will be required to undertake and complete all required submittals to the DEC.

[2] Copies of the final SWPPP and notice of intent; submitted to the DEC; and completed in accordance with the technical standards referenced in Parts III.8.1,2 or 3 of the New York State Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities GP-0-10-001or as amended or revised, and contained in part in Subsection D of this supplemental section, shall be submitted to the reviewing board as part of an application, and/or the Code Enforcement Officer, as part of an application for a building or zoning permit.

(2) Type and content of a simple SWPPP:

(a) Type I simple SWPPP. A Type I Simple SWPPP shall be required for land development activities not requiring a full or basic SWPPP, creating cumulative areas of disturbance totaling between 2,500 and 10,000 square feet, and not exceeding the following thresholds:

[1] Located within 1,000 feet of the shoreline of Chautauqua Lake or 200 feet of a wetland, streambank or watercourse;

[2] Within a 100-year flood hazard area as defined by the Federal Emergency Management Agency (FEMA) and shown on the most current Flood Insurance Rate Maps (FIRM);

[3] Creates a use with impervious surfaces that cumulatively are greater than 15% of the total lot area; or

[4] Contain slopes in excess of 15% within the area of land disturbance.

(b) Type I simple SWPPP content requirements:

[1] Contact information, including owner and developer's name, address, project address, phone numbers, and Tax Parcel number.

[2] A brief description of the project, including a sketch, which may be combined with other drawings required for a building permit, specifically showing existing drainage features and vegetation on the site.

[3] The ground area in square feet or acres that will be disturbed for each phase and for all phases of the project. The areas to be measured include but are not limited to: driveways, parking areas, buildings, septic systems, wells, grading and clearing, lawns, ditches, drainage structures, utilities, stockpiles, etc., including the total project area of disturbance, total parcel acreage, area of existing impervious surface, total area of impervious surface expected at completion, and total connected impervious area.

[4] A description of the distance(s) from the areas of ground disturbance on any part of the site to the edge of any stream, pond, lake, or wetland on or in the vicinity of the site.

[5] A generalized plan describing the erosion control measures to be used to minimize the impacts of the land development activity appropriate for the site, based upon the guidelines in the DEC Erosion Control Manual. Measures may include:

[a] Stabilized construction entrance;

[b] Stabilization of exposed soil;

[c] Protection of adjacent properties, waterways, and natural areas;

[d] Management of concentrated flow areas; and

[e] Maintenance during construction.

[6] Any additional details requested by the CEO.

(c) Type II simple SWPPP. Type II simple SWPPP shall be required for land development activities not requiring a full or basic SWPPP, creating cumulative areas of disturbance totaling greater than 10,000 square feet and less than 43,560 square feet, and not exceeding the following thresholds:

[1] Located within 1,000 feet of the shoreline of Chautauqua Lake or 200 feet of a wetland, streambank or watercourse;

[2] Within a 100-year flood hazard area as defined by the Federal Emergency Management Agency (FEMA) and shown on the most current Flood Insurance Rate Maps (FIRM);

[3] Creates a use with impervious surfaces that cumulatively are greater than 15% of the total lot area; or

[4] Contain slopes in excess of 15% within the area of land disturbance.

(d) Type II simple SWPPP content requirements:

[1] A narrative describing:

[a] The proposed development.

[b] The schedule for grading and construction activities, including:

[i] Start and completion dates.

[ii] Sequence of grading and construction activities.

[iii] Sequence for installation and/or application of soil erosion, sediment control and stormwater management measures.

[iv] Sequence for final stabilization and stormwater management on the project site.

[c] The design criteria for proposed soil erosion and stormwater control measures and stormwater management facilities, and computations necessary to demonstrate compliance with these criteria.

[d] The construction details for proposed soil erosion and sediment control measures and stormwater management facilities.

[e] The installation and/or application procedures for proposed soil erosion and sediment control measures and stormwater management facilities.

[f] The operation and maintenance of proposed soil erosion and sediment control measures and stormwater management facilities.

[g] A statement describing all design measures taken to minimize grading and disturbance to land and vegetation.

[2] A site plan, or subdivision plan, prepared in accordance with applicable requirements of this supplemental section or the Subdivision Law which shall include the following additional information:

[a] The proposed alterations including cleared, excavated, filled or graded areas and proposed structures, utilities, roads and, if applicable, new property lines.

[b] The location of and design details for all proposed soil erosion and sediment control measures and stormwater management facilities.

[c] The sequence of grading and construction activities.

[d] The sequence for installation and/or application of soil erosion, sediment control and stormwater management measures.

[e] The sequence for stabilization of the development site.

(3) Contents of a full or basic SWPPP. Any land development activity and/or redevelopment activity that exceeds the thresholds listed in the New York State Department of Environmental Conservation (DEC) State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities GP-0-10-001 or as amended or revised, shall complete a SWPPP in accordance all requirements of said permit.

E. Performance and design criteria for stormwater management and erosion and sediment control. All land development activities or redevelopment activities required to complete a full, basic or simple SWPPP by Subsection B of this supplemental section are subject to the following performance and design criteria:

(1) Technical standards. For the purpose of this supplemental section, the following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards of this supplemental section:

(a) The New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, most current version or its successor, hereafter referred to as the Design Manual).

(b) New York Standards and Specifications for Erosion and Sediment Control, (Empire State Chapter of the Soil and Water Conservation Society, 2004, most current version or its successor, hereafter referred to as the "Erosion Control Manual").

(2) Equivalence to technical standards.

(a) Where stormwater management practices are not in accordance with technical standards, the applicant must demonstrate equivalence to the technical standards set forth in Subsection E(1) for a basic or a full SWPPP. The basic SWPPP developed must be prepared and certified by a licensed or certified professional and the full SWPPP must be prepared by a licensed engineer.

(b) Where stormwater management practices contained within a simple SWPPP are not in accordance with technical standards, the applicant may use alternative principles, methods and procedures with prior approval of the reviewing board, based upon a favorable recommendation from the Chautauqua County Soil and Water Conservation District.

(3) Water quality standards.

(a) Any land development activity shall not cause or contribute to a violation of water quality standards in surface waters of the State of New York. The standards are contained in Parts 700 through 705 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York.

(b) These standards apply whether or not a project is subject to this supplemental section, and whether or not a project meets the requirements of this supplemental section. These standards are enforceable by the DEC under the Environmental Conservation Law.

F. SWPPP review.

(1) The CEO shall accept and review all stormwater pollution prevention plans for completeness and compliance with this supplemental section and, when required, forward such plans to the applicable board. The CEO may, if necessary, subject to budget restrictions and Town Board approval, engage the services of the Chautauqua County Soil and Water Conservation District representative, a registered professional engineer or certified professional to review the plans, specifications and related documents submitted in connection with any SWPPP.

(2) All land development activities subject to review and approval by the Town Board, Zoning Board of Appeals or Board of Appeals of the Town under site plan, special permit, or subdivision regulations reviewed by such Board must be reviewed subject to the standards contained in this supplemental section. No approval by any such Board shall be made unless it determines that the SWPPP complies with the requirements of this supplemental section.

(3) All land development activities subject to review under this supplemental section, but not subject to review under Subsection F(2) above, require a stormwater pollution prevention plan (SWPPP) to be submitted to the CEO who shall determine completeness of the SWPPP and compliance with this supplemental section before issuing any required permits.

(4) No land development activity which requires a full, basic or simple SWPPP in accordance with Subsection B, unless exempt pursuant to Subsection C above, above shall be commenced until the Code Enforcement Officer (CEO) has either an approved a Simple SWPPP from the appropriate review board or has received a copy of the final SWPPP and NOI submitted to the DEC and all local reviews have occurred.

G. Implementation.

(1) The estimated costs of measures required to control soil erosion and sedimentation, as specified in the approved plan, may be covered in a performance bond or other guaranty acceptable to the reviewing board.

(2) Site development shall not begin unless the soil erosion and stormwater control plan is approved and those control measures and facilities in the plan scheduled prior to site development are installed and functional.

(3) Planned soil erosion and stormwater control measures and facilities shall be installed as scheduled according to the approved plan.

(4) All erosion and stormwater control measures and facilities shall be maintained in a condition which ensures compliance with the approved plan and prevents sediment from leaving the site.

H. Inspection.

(1) Erosion and sediment control inspection.

(a) The CEO may require such inspections as necessary to determine compliance with this law and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of this section and the stormwater pollution prevention plan (SWPPP) as approved. To obtain inspections, the applicant must notify the CEO at least 48 hours before any of the activities listed below, as required by the CEO, or the CEO may develop an inspection schedule specific to an individual project including but not limited to:

[1] Start of construction.

[2] Installation of sediment and erosion control measures.

[3] Completion of site clearing.

[4] Completion of rough grading.

[5] Completion of final grading.

[6] Close of the construction season.

[7] Completion of final landscaping.

[8] Successful establishment of landscaping in public areas. Additionally, the Town may conduct inspections at any time.

(b) If any violations are found, the applicant and developer shall be notified in writing of the nature of the violation and the required corrective actions. No further work shall be conducted except for site stabilization until any violations are corrected and all work previously completed has received approval by the CEO.

(2) Right-of-entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public storm water system, the landowner must grant to the Town the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection H(1).

(3) Recordkeeping. Persons subject to this law are required to maintain records demonstrating compliance with this law. Such records must be provided to the CEO upon request.

I. Fees for services. The Town may require any person undertaking land development activities subject to this supplemental section to pay the reasonable costs of persons hired by the Town to review SWPPPs, perform inspections of stormwater management facilities and certify the completion of the same through application fees and escrow deposits required in connection with an application for a building or zoning permit or for site plan or subdivision approval. The Town Board may by resolution establish a fee schedule SWPPP review and stormwater and erosion inspections.

J. Maintenance, inspection, and repair of stormwater facilities.

(1) Maintenance and inspection during construction. The applicant or developer of the land development activity or their representative must at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this supplemental section. Sediment must be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.

(2) Inspection, maintenance and easement agreement. Prior to the issuance of any approval for a project that has the construction of a stormwater management facility as one of the requirements, the applicant or developer must execute an inspection, maintenance and easement agreement that shall be binding on all subsequent landowners benefited by the stormwater management facility. The agreement must provide for Town access to the facility at all reasonable times for periodic inspection, and possible maintenance by the Town (in the sole discretion of the Town and expense of the owner) to ensure that the facility is maintained in proper working condition and continues to meet design standards and any other requirements of approval and this supplemental section. The agreement must be recorded in the office of the County Clerk, and noted on the subdivision plat (if applicable) after approval by the counsel for the Town. The Town reserves the power to require enforcement and charge-back of expense powers in the agreement, and to assign all agreements to any future drainage district.

(3) Dedication of stormwater management facilities maintenance agreement. The Town, in lieu of the agreement required in above, in its sole discretion, may accept dedication of any existing or future stormwater management facility, provided such facility meets all the requirements of this supplemental section and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance. Prior to accepting a dedicated facility, the Town may require the formation of a drainage district to include all parcels served by the facility, to pay the expenses of ongoing inspection, maintenance, and, if necessary, modification of the facility.

K. Enforcement.

(1) Stop-work orders. The CEO may issue a stop-work order for violations of this law. Persons receiving a stop-work order are required to halt all land development activities, except those activities that address the violations leading to the stop-work order. The stop-work order will be in effect until the CEO confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop-work order in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this supplemental section.

(2) Violations. Any land development activity that is commenced or is conducted contrary to this supplemental section, may be restrained by injunction or otherwise abated in the manner provided by Chapter 145, Enforcement Procedures, of the Town of Chautauqua Code and as otherwise provided by law.

§ 143-60 Rebuilding of nonconforming building after catastrophe; continuation of nonconforming use.

Any nonconforming building completely destroyed or partially destroyed by fire, flood or other catastrophe may be restored or rebuilt within a period of two years from the date of such destruction, and when so restored or rebuilt, the nonconforming use that it had immediately prior to such destruction may be continued.

§ 143-61 Satellite television antennas.

[Added 5-8-1985 by L.L. No. 2-1995[1]]

A. A satellite television antenna one meter (39.37 inches) in diameter or less may be located in any district within the Town in the rear yard, side yard or on the roof of the structure located on the lot without permit and without the payment of a fee.

[Amended 9-22-2005 by L.L. No. 3-2005]

B. Except as hereinafter provided, in any district within the Town, a satellite television antenna over one meter (39.37 inches) in diameter shall be located only in the rear yard of any lot. However, if satellite signals cannot be clearly received from such rear yard, the antenna may be located on the side yard.

[Amended 9-22-2005 by L.L. No. 3-2005]

C. In the event that satellite signals cannot be received by locating the satellite television antenna on the rear or side yard of the property, such antenna may be placed in the front yard or on the roof of the structure, provided that a special satellite use permit is obtained prior to such installation. Such permit shall be issued only upon a showing by the applicant that satellite signals are not receivable from any location on the property other than the location selected by the applicant. No fee shall be assessed and no public hearing shall be required for the issuance of any such permit.

D. Satellite antennas shall not exceed 12 feet in diameter, and a ground-mounted satellite television antenna shall not exceed 20 feet in height, including any platform or structure upon which said antenna is mounted or affixed.

E. If satellite signals cannot be obtained from a satellite television antenna installed with the height and size limitations set forth in Subsection D, an antenna of a greater height or size may be installed, provided that a special satellite use permit is obtained prior to such installation. Such permit shall be issued upon a showing by the applicant that installation at a height greater that 20 feet is necessary for the reception of satellite signals. No fee shall be assessed and no public hearing shall be required for the issuance of such permit.

F. Satellite television antennas shall be located and designed to reasonably reduce visual impact from surrounding properties at street level, from public streets and from Lake Chautauqua.

G. With respect to lots bounded by Lake Chautauqua, no satellite television antenna greater than 12 feet in diameter may be mounted upon a building or structure so located nor may any satellite television antenna be located at any point that is less than 60 feet from the lakeshore as determined by an arc drawn from the proposed location.

H. On lots bounded by Lake Chautauqua, if satellite signals cannot be obtained from a satellite television antenna installed with the limitations set forth in Subsection G above, an antenna may be installed upon a building or structure or within 60 feet of the lakeshore, provided that a special satellite use permit is obtained prior to such installation. Such permit shall be issued only upon a showing by the applicant that installation either upon a building or structure or within 60 feet of the lakeshore is necessary for the reception of satellite signals. No fee shall be assessed and no public hearing shall be required for the issuance of such permit.

I. Satellite television antennas shall meet all manufacturer's specifications, be of noncombustible and corrosive-resistant material, be erected in a secure, wind-resistant manner and be adequately grounded for protection against a direct strike of lightning.

J. No advertising, other than the manufacturer's labels, shall be located on a satellite television antenna.

[1] Editor's Note: This local law also repealed former § 143-61, Parabolic or dish satellite antennas, added 7-8-1985 by L.L. No. 3-1985, as amended.

§ 143-62 Cottage courts.

[Added 12-12-1988 by L.L. No. 3-1988; amended 10-9-1989 by L.L. No. 1-1989; 9-9-1991 by L.L. No. 1-1991]

A. A cottage court may be newly established and developed at a density as authorized in Article IV only when developed on four or more acres in a district where cottage courts are authorized and upon the Town Board granting a special use permit. Any application to establish a cottage court on a plot or parcel of less than four acres shall by governed by all the provisions of this chapter applicable to establishing a number of one-family dwellings, each of which shall comply with the minimum area requirements, minimum size of dwelling and other conditions and requirements of this chapter applicable to a one-family dwelling. For the purposes of determining the setback from an adjoining parcel, buildings in a newly established cottage court shall only be required to meet setbacks required of other authorized uses and structures located in the Business District.

[Amended 5-8-1995 by L.L. No. 2-1995]

B. The conditions of Subsection A shall apply to cottage courts containing four or more acres of land, regardless of when developed, if, after October 12, 1988, regardless of the size, Subsection A shall not apply, and any proposed change shall be governed by the limitations and restrictions applicable to nonconforming uses and buildings, together with all applicable limitations and restrictions of the chapter, including Subsection A above.

[Amended 11-8-1993 by L.L. No. 2-1993]

C. The area of the parcel or plot containing a cottage court, regardless of when the cottage court was established, may not be reduced in square footage by the sale, subdivision, parceling out or leasing of any portion thereof for more than one season by the owner of record of such parcel or plot so as to either:

(1) Cause the parcel or plot to be less conforming or the density greater than the parcel or plot was upon the effective date of Subsection B if such parcel or plot came within the purview of Subsection B above; or

(2) Cause a parcel or plot in compliance with Subsection A above to be smaller than or of a greater density than provided in Subsection A above with respect to cottage courts of less than four acres, or to become otherwise in noncompliance with any applicable provision of this chapter.

§ 143-63 Home occupations.

[Added 10-9-1989 by L.L. No. 1-1989]

Notwithstanding any provision that authorizes a home occupation, such activity shall henceforth be permitted only in those districts where authorized, provided that all of the following standards and conditions are met:

A. To qualify as an eligible home occupation:

(1) The activity shall be carried on in the dwelling unit or in a single structure normally accessory to a dwelling unit, but not in both the dwelling and the accessory structure.

(2) The activity shall be incidental and secondary to the use of the dwelling for residential purposes.

(3) The activity constituting the home occupation shall be carried on wholly indoors, and no materials, equipment or anything used in the occupation shall be stored outdoors on the property.

(4) Except for those cosmetic, health care and toiletry products customarily marketed through home sales, no articles shall be sold or offered for sale except such as have been produced on the premises.

(5) The activity shall not involve any repetitive delivery to or from the premises by truck or other vehicle, other than U.S. Mail, United Parcel Service and other express mail vehicles, for delivery or pickup of supplies, material or items used for or produced as the home occupation.

(6) The activity shall not alter the character of the neighborhood or create the comings and goings of persons to the premises in significantly greater numbers than is characteristic of the neighborhood.

B. The maximum floor area of the dwelling or accessory structure devoted to the home occupation shall be not more than 25% with a maximum of 500 square feet.

C. There shall be no outside display of any nature of products, goods or services, but a sign as defined in § 143-64A may be permitted. There shall be no display or show window in the dwelling or accessory structure.

D. Sufficient off-street parking shall be provided to handle peak periods.

E. The home occupation activity shall be carried on only by members of the immediate family residing in the dwelling unit plus not more than one additional employee.

F. No home occupation activity shall be commenced unless and until a permit is applied for on forms provided by the Town Clerk which provides satisfactory information that all of the terms and conditions hereof are met and the applicant undertakes to abide by the terms and conditions herein set out. The cost of the permit shall be the same as a building permit.

§ 143-64 Signs.

[Added 10-9-1989 by L.L. No. 1-1989]

The size, type and location of any sign, advertising sign or business sign authorized in Articles II through IX shall be in accordance with or subject to the following additional regulations as applicable:

A. Signs on one-family and two-family dwellings. A nameplate and identification sign indicating the name and address of the occupant in any such dwelling may be affixed to the premises, provided that such sign shall not exceed two square feet in area and shall not emit any flashing or intermittent illumination.

B. Advertising signs shall not be permitted in any district except a Residential-Agricultural (R-A) District.

C. No sign shall be erected or maintained which, in the opinion of the Town Board, may cause hazardous or unsafe conditions. Such signs, if erected, shall be removed upon direction of the Town Board following notification to the owner.

D. No sign shall be located higher than the building to which it is attached.

E. No sign other than an official traffic sign shall be erected within the right-of-way of any public street.

F. No sign shall have a source of illumination directed toward a public street or adjacent property.

G. Freestanding signs. Freestanding signs, when allowed, shall be in accordance with the following:

(1) Height. A maximum of 18 feet from the ground to the top of the sign shall be allowed.

(2) Setback. Freestanding signs shall be set back a minimum of 10 feet from the street or road right-of-way.

H. Posters. Temporary, nonpermanent posters covering such things as political events, sporting events, entertainment, shows and elections shall not be displayed until six weeks prior to the event and must be removed within one week after the event. A poster shall not exceed 32 square feet in area. It shall be the responsibility of the owner, lessee or occupant of the premises to comply with this provision, and the permission of the owner shall be obtained prior to the placement of the poster.

I. Temporary signs. A temporary sign offering the sale or rental or indicating the construction, repair or improvement of the premises may be affixed to the premises, provided that such sign shall not exceed 64 square feet in area, shall not be illuminated and shall be promptly removed by the property owner when the circumstances leading to the erection or display of the sign no longer apply. Signs for public works are exempt from this provision.

J. Signs shall be constructed of durable materials and shall be maintained in good condition. Signs which are permitted to deteriorate shall be removed upon direction of the Town Board, following notification to the owner.

K. Every sign shall be designed and located in such a manner as to:

(1) Not impair public safety.

(2) Not restrict clear vision between a sidewalk and street.

(3) Not be confused with any traffic sign or signal.

(4) Not prevent free access to any door, window or fire escape.

(5) Withstand a wind pressure load of 30 pounds per square foot.

L. No advertising sign shall be erected unless a permit therefor shall be first obtained from the Code Enforcement Officer of the Town of Chautauqua or his designee. The permit application and the permit shall be on forms prescribed by the Town Board and may require information concerning materials, dimensions, colors, method of construction or other specifications. The Code Enforcement Officer or his designee shall make a determination as to whether or not the proposed sign may create a hazard to public health or safety by reason of the method of construction, materials, colors, dimensions or other specifications and may issue an order requiring changes so as to remove such hazard. The fee for such permit shall be the same as for a building permit; provided, however, that no fee or permit shall be required for signs described in Subsections A, H and I above.

M. No flashing sign may be erected, installed or displayed in any district.

§ 143-64.1 Adult uses.

[Added 9-3-2006 by L.L. No. 3-2006]

A. Purpose. The Town of Chautauqua has appointed a citizens' committee to conduct a study of the potential secondary effects posed by adult businesses. This study, along with other similar studies, has shown that buildings and establishments operated as adult uses pose secondary effects that are detrimental and harmful to the health, safety, morals and general welfare of the community. In order to promote the health, safety, morals and general welfare of the residents of the Town of Chautauqua, this section is intended to control those secondary effects of adult businesses by restricting adult uses to nonresidential areas of the Town to the extent possible and to otherwise regulating their operation.

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

ADULT ESTABLISHMENT

A commercial establishment, including but not limited to an adult bookstore, adult eating or drinking establishment, adult theater, adult motel, adult massage establishment, nude model studio or other adult commercial establishment, or any combination thereof, as defined below:

(1) ADULT BOOKSTORE

(a) A bookstore which has as a substantial portion (equal to or greater than 25%) of its stock-in-trade and/or floor area as hereinafter defined in any one or more of the following:

[1] Books, magazines, periodicals or other printed matter which is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or

[2] Photographs, films, motion pictures, videocassettes, slides or other visual representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.

(b) For the purpose of determining whether a substantial portion (equal to or greater than 25%) of an establishment includes an adult bookstore, the following factors shall be considered:

[1] The amount of floor area and cellar space accessible to customers and allocated to such uses; and

[2] The amount of floor area and cellar space accessible to customers and allocated to such uses as compared to the total floor area and cellar space accessible to customers in the establishment.

(c) For the purpose of determining whether a bookstore has a substantial portion (equal to or greater than 25%) of its stock in materials defined in Subsection A(1)(a)(1] or [2] hereof, the following factors shall be considered:

[1] The amount of stock accessible to customers as compared to the total stock accessible to customers in the establishment;

[2] The amount of floor area and cellar space accessible to customers containing such stock; and

[3] The amount of floor area and cellar space accessible to customers containing such stock as compared to the total floor area and cellar space accessible to customers in the establishment.

(2) ADULT EATING OR DRINKING ESTABLISHMENT An eating or drinking establishment which regularly features any one or more of the following:

(a) Live performances which are characterized by an emphasis upon the depiction or description of specified anatomical areas or specified sexual activities; or

(b) Films, motion pictures, videocassettes, slides or other visual representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; and

(c) Employees who as part of their employment, regularly expose to patrons specified anatomical areas, and which is not customarily opened to the general public during such features because it excludes minors by reason of age.

(3) ADULT THEATER

(a) A theater which regularly features one or more of the following:

[1] Films, motion pictures, videocassettes, slides or other visual representations which are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or

[2] Live performances which are characterized by an emphasis upon the depiction or description of specified anatomical areas or specified sexual activities, and which is not customarily opened to the general public during such features because it excludes minors.

(4) MASSAGE ESTABLISHMENT Any business where body rubs, body shampoos, massages or similar services are administered. This definition shall not include persons licensed or authorized pursuant to Article 155 of the Education Law, or specifically exempt from Article 155 of the Education Law (see Education Law § 7800, et seq.). This definition shall not be construed to include a hospital, nursing home or medical clinic or the office of a physician, surgeon, chiropractor, osteopath or duly licensed physical therapist or barbershops or beauty salons in which massages are administered only to the scalp, face, neck or shoulders. This definition also shall exclude health clubs which have facilities for physical exercise, such as tennis courts, racquetball courts or exercise rooms, and which do not receive their primary source of revenue through the administration of massages. Such establishments are not prohibited, provided they have a duly licensed or authorized person pursuant to Article 155 of the Education Law, or are specifically exempt from Article 155 of the Education Law.

(5) NUDE MODEL STUDIO Any place where a person who appears in a state of nudity or who displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons present either immediately or by videoconference or similar electronic means who pay money or any form of consideration for such observation.

BUSINESS

Any commercial enterprise, association or arrangement for profit.

PERSON

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

SPECIFIED ANATOMICAL AREAS

(1) Less than completely and opaquely concealed human genitals, pubic region, human buttock, anus or female breast below a point immediately above the top of the areola; or

(2) Human male genitals in a discernibly turgid state, even if completely and opaquely concealed.

SPECIFIED SEXUAL ACTIVITIES

For the purpose of defining adult establishments:

(1) Human genitals in a state of sexual stimulation or arousal;

(2) Actual or simulated acts of human masturbation, sexual intercourse, or sodomy; or

(3) Fondling or other erotic touching of human genitals, pubic region, buttock, anus or female breast.

SUBSTANTIAL CONNECTION

(1) In a sole proprietorship, an individual who owns, operates, controls or conducts, directly or indirectly, any premises, building or location upon which any adult use takes place.

(2) In a partnership, limited or general, an individual who shares in any potential profits or losses of the business or who shares in the ownership of any of the assets of the partnership business.

(3) In a corporation, an individual who is an officer, director or a holder, either directly, indirectly or beneficially, of more than 20% of any class of stock.

(4) Any person who furnishes more than 20% of the capital financing or assets of such business, whether in cash, goods or services.

C. Restrictions affecting adult uses. In addition to the other requirements of this section and the Code of the Town of Chautauqua, adult uses shall be permitted, subject to the following restrictions:

(1) No adult use shall be allowed within 1,000 feet of another existing adult use.

(2) No adult use shall be located within 500 feet of the boundaries of any zoning district which is zoned for residential use.

(3) No adult use shall be located within 500 feet of a preexisting school or place of worship, day-care center or playground.

(4) No adult use shall be located in any zoning district except in that part of the Industrial (I) District adjacent to Honeysette Road, described as follows:

Commencing at a point in the easterly bounds of the Honeysette Road and in the northwest bounds of the Village of Mayville; thence southwesterly along the northwest bounds of the Village of Mayville to the southerly corner of Section 11, Block 1, Lot 15 on the Chautauqua County Tax Maps for the Town of Chautauqua; thence northwesterly along the northeasterly bounds of the Village of Mayville to the northwesterly corner of Section 11, Block 1, Lot 2 of said Tax Maps; thence northeasterly along the northwesterly bounds of 2 and 1 of Block 1, Section 11 of said Tax Maps for the Town of Chautauqua and a continuation of said line to the southwest corner of Section 9 of the County Tax Maps for the Town of Chautauqua; thence northwesterly, northeasterly and northwesterly along the southwesterly bounds of said Section 9 to the northwest corner of Lot 49, Block 1 of said Section 9, thence easterly along the north bounds of lots 49 and 50 of Block 1 of said Section 9 to the northeast corner of said Lot 50; thence southerly along the east bounds of said Lot 50 and a continuation thereof to the easterly bounds of Honeysette Road; thence southerly along the easterly bounds of Honeysette Road to the point of beginning.

D. Registration. No person, firm, corporation or other entity shall lease, rent, maintain, operate, use or allow to be operated or used any business or establishment, any part of which contains an adult use, without first complying with the provisions of this subsection as follows:

(1) In addition to any and all other necessary licenses and permits, no form of adult use shall be allowed to operate or be allowed to continue to operate until a certificate of registration is filed with the Clerk of the Town of Chautauqua, containing:

(a) The address of the premises.

(b) The name and address of the owner(s) of the premises and the name and address of the beneficial owner(s) if the property is in a land trust.

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

(d) The names, business and home addresses and business or home phone numbers of all owners of the business or establishment subject to the provisions of this section.

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

(f) The date of the initiation of the adult use.

(g) The exact nature of the adult use.

(h) If the premises or the building in which the business containing the adult use is located is leased, a copy of the lease.

(2) If there occurs any change in the formation required for the certificate of registration, the Clerk of the Town of Chautauqua shall be notified of such change, and a new or amended certificate shall be filed within 30 days of such change.

(3) The processing fee for each such certificate of registration or amendment thereto shall be $500.

(4) A licensing fee in the amount of $500 per year shall be required of each and every business and/or establishment as defined under this section.

(5) No certificate of registration issued under the provisions of this section shall be transferable to any person other than the registrant, nor shall a certificate of registration be transferable for use at any premises, building or location other than stated in the certificate of registration.

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

(7) Any knowingly false statement or any statement which the registrant or applicant should reasonably have known to be false which is provided in the certificate of registration, license or any document or information supplied therewith shall be grounds for the rejection, suspension or revocation of the certificate of registration.

(8) It is a violation of this chapter for the owner or person in control of any property to establish or operate thereon or to permit any person to establish or operate an adult use without having in force a certificate of registration and current valid license complying with this section.

(9) The Town Code Enforcement Officer shall be authorized to inspect and enforce all provisions of this section.

E. Prohibition regarding public observation. No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any property not registered as an adult use. This provision shall apply to any display, decoration, sign, show window, screen or other opening.

§ 143-65 Large public gatherings; special use permit required; exceptions.

[Added 9-9-1991 by L.L. No. 1-1991]

In any district where any of the following uses is permitted, no use of land for a circus, open-air performance, entertainment, festival or other similar gathering of 5,000 or more persons for any such event may be undertaken without the prior issuance of a special use permit, regardless of whether or not there is an admittance charge, acceptance of contributions or free entrance, and any such use without a special use permit shall be deemed a violation. Nothing in this section shall apply to the Chautauqua Institution District or to any authorized theater, nor shall the provisions of this section be deemed or cited as a waiver of any applicable law or regulation other than this chapter.

§ 143-65.1 Wedding or private event facilities.

[Added 7-8-2019 by L.L. No. 1-2019]

A. Wedding or private event facility. Wedding or private event facilities shall be permitted in the Residential-Agricultural (R-A) and Commercial-Tourism (C-T) Districts upon securing a special use permit from the Town Board of the Town of Chautauqua, provided that:

(1) No vehicles associated with the event shall be permitted to be parked on public roadways. All vehicle parking shall be maintained on-site. "On-site" is defined as at least 30 feet from the property boundaries of the parcel on which the event is permitted.

(2) One parking space for every three persons attending the event shall be provided for on-site parking. The Board may approve, in its discretion, the use of off-site parking as an alternative, with transportation to the site by attendees through a commercial transportation service.

(3) The general event area [the actual location(s) in which the gathering is to occur] shall be located 200 feet from adjacent owner's property lines. All activities associated with the use are to be included within the general event area, the only exception being the parking as allowed above.

(4) Sources of amplified sound, including but not limited to recorded music, live musical performances, and spoken word, shall commence no earlier than 12:00 noon and shall be terminated by 10:00 p.m. on Sunday through Thursday and at 12:00 midnight on Friday and Saturday nights.

(5) No overnight accommodations shall be allowed in temporary structures such as tents or recreational vehicles. Any venues which provide overnight accommodations must comply with all applicable codes and laws related to the provision of said accommodations.

(6) Adequate sanitary restroom facilities shall be provided on site.

B. The Town Board recognizes that no regulation can anticipate every creative plan that may be devised, which, though not in strict compliance with the provisions of this subsection, nevertheless, is not objectionable. Accordingly, the Town Board is hereby empowered to grant relief to an applicant from the strict application of this subsection where the applicant provides sufficient grounds for a finding that the proposed use comports as much as feasible with the spirit and letter of this subsection and, though not in strict compliance therewith, remains aesthetically pleasing, promotes traffic safety, protects neighboring properties, and preserves property values within the Town of Chautauqua.