[Amended 2-23-2009 by L.L. No. 1-2009]
A.
Setbacks for accessory structures and uses.
(1)
Any accessory structure attached to a principal building
and any detached barn, garage, stable, tennis court, or swimming pool
shall comply with the minimum setback requirements of this chapter
applicable to the principal building. Other detached accessory structures
or uses may encroach into required setback areas, provided that they:
(a)
Are not used for human habitation;
(b)
Have a footprint no larger than 200 square feet;
(c)
Do not exceed 16 feet in height;
(d)
Do not occupy more than 10% of a rear setback
area;
(e)
Are set back at least 10 feet from side or rear
lot lines;
(f)
Are not located closer to the street than the
front yard setback required for a principal building, except for fences,
gates, mailboxes, newspaper receptacles, signs, sand storage bins,
bus shelters, and similar roadside structures with less than 100 square
feet of footprint, as well as ornamental structures such as entry
pillars and statues; and
(g)
Are not used for housing animals.
(2)
For corner lots, the setback from all streets shall
be the same for accessory structures as for principal buildings.
B.
Corner lots and through lots. Wherever a side or rear
yard is adjacent to a street, the front setback shall apply to such
side or rear yard. Corner lots shall be deemed to have two front yards,
two side yards, and no rear yard. Corner lots adjacent to three streets
shall be deemed to have three front yards, one side yard and no rear
yard.
C.
Projections into required yards.
(1)
The following projections into required setbacks shall
be permitted:
(2)
Carport. An open or enclosed carport shall be considered
a part of the building in determining compliance with setback requirements.
(3)
Porch. An open or screened porch may project eight
feet into a front setback area.
(4)
Driveways. Driveways on lots with 100 feet or more
of road frontage shall be set back at least 10 feet from side lot
lines. On lots with less than 100 feet of frontage, no side yard setback
shall be required.
D.
Height exceptions.
(1)
Height limits shall not apply to any flagpole, radio
or television receiving antenna, spire or cupola, chimney, elevator
or stair bulkhead, parapet or railing, water tank, or any similar
uninhabitable structure, provided that such structure is firmly attached
to the roof or side of a building and covers no more than 10% of the
roof area.
(2)
Barns, silos, solar energy systems, wireless communication facilities (subject to Article XIII), and wind energy conversion systems may exceed otherwise applicable height limits, provided that they comply with applicable sections of this Article VII, and provided that for every one foot by which such structures exceed the height limit, the minimum setback requirements are increased by one foot.
E.
Fences (including hedges) and walls.
(1)
The setback requirements of this chapter shall not
apply to retaining walls of any height or to fences less than six
feet high in any side or rear yard, except where corner clearances
are required for traffic safety.
(2)
The setback requirements of this chapter shall not
apply to any front yard fences or walls less than four feet high,
except that customary agricultural wire, board, or split rail fencing
which does not obstruct visibility may be higher.
F.
Corner clearance/visibility at intersections. Where
necessary to provide visibility for traffic safety, the Highway Superintendent
or the Planning Board may require all or a portion of any corner lot
to be cleared of all growth (except isolated trees) and other obstructions
that block visibility of traffic on an intersecting street. The Planning
Board may require excavation to achieve visibility. This provision
shall not apply to intersections with traffic signals or four-way
stop signs.
[Amended 2-23-2009 by L.L. No. 1-2009]
The following principles shall apply to open
space development, conservation density development, PACs, new development
within the SR Overlay District, and the siting of nonresidential uses
that are subject to site plan or special permit approval. They are
recommended but not required for the siting of individual residences
and small-scale development.
A.
Wherever feasible, retain and reuse existing old farm
roads and lanes rather than constructing new roads or driveways. This
minimizes clearing and disruption of the landscape and takes advantage
of the attractive way that old lanes are often lined with trees and
stone walls. (This is not appropriate where reuse of a road would
require widening in a manner that destroys trees or stone walls.)
B.
Preserve stone walls and hedgerows. These traditional
landscape features define outdoor areas in a natural way and create
corridors useful for wildlife. Using these features as property lines
is often appropriate, as long as setback requirements do not result
in constructing buildings in the middle of fields.
C.
Avoid placing buildings in the middle of open fields.
Place them either at the edges of fields or in wooded areas. Septic
systems and leach fields may be located in fields, however.
D.
Use existing vegetation and topography to buffer and
screen new buildings if possible, unless they are designed and located
close to the road in the manner historically found in the Town. Group
buildings in clusters or tuck them behind tree lines or knolls rather
than spreading them out across the landscape in a sprawl pattern.
E.
Minimize clearing of vegetation at the edge of the
road, clearing only as much as is necessary to create a driveway entrance
with adequate sight distance. Use curves in the driveway to increase
the screening of buildings. This principle does not apply where the
growth of roadside vegetation obscures important views and clearing
is therefore desirable.
F.
Site buildings so that they do not protrude above
treetops of hills or crest lines of hills as seen from public places
and public roads. Use vegetation as a backdrop to reduce the prominence
of the structure. Wherever possible, open up views by selective cutting
of small trees and pruning lower branches of large trees, rather than
by clearing large areas or removing mature trees.
G.
Minimize crossing of steep slopes with roads and driveways.
When building on slopes, take advantage of the topography by building
multilevel structures with entrances on more than one level (e.g.,
walkout basements and garages under buildings) rather than performing
excessive grading. Use the flattest portions of the site for subsurface
sewage disposal systems and parking areas.
H.
To the greatest extent practicable, the development
shall conform to the natural terrain and retain the natural landscaping.
A.
Sanitary disposal. No person shall construct any structure
in the Town without meeting applicable requirements of the Town, the
Orange County and New York State Departments of Health, the New York
State Department of Environmental Conservation, and other governmental
authorities that regulate water supply and sewage disposal systems.
Issuance of a certificate of occupancy shall be subject to sanitary
system inspection and certification by the Town or the applicant's
design professional and compliance with all conditions imposed by
any other governmental authority.
B.
Water supply. The Planning Board may require an applicant for any subdivision, special permit, or site plan approval to provide evidence of water availability and may require test wells and professional hydrological studies sufficient to establish that a proposed development will have adequate supplies of potable water and will not adversely affect any aquifer resource or the supply or quality of drinking water in the surrounding area. (See § 97-27.)
A.
Excavation and grading necessary for the construction
of a structure for which a building permit has been issued shall be
permitted, provided that it does not adversely affect natural drainage
or structural safety of buildings or lands, cause erosion or sedimentation,
or create any noxious conditions or hazard to public health or safety.
B.
In the event that construction of a structure is stopped
prior to completion and the building permit expires, the premises
shall be promptly cleared of any rubbish or building materials by
the property owner, and any open excavation with a depth greater than
two feet below existing grade shall either be promptly filled in and
the topsoil replaced or shall be entirely surrounded by a fence at
least six feet high that will effectively block access to the area
of the excavation.
C.
The Planning Board may, in connection with a major
project site plan or major subdivision, require an applicant to furnish
an irrevocable letter of credit, certified check, or other form of
security to guarantee reclamation of areas to be excavated or graded
if a project is abandoned. Such security shall be for an amount reasonably
related to the potential cost of such reclamation and shall be in
a form deemed acceptable by the Town Attorney.
E.
Once an application is submitted, no excavation or
grading and no clear cutting in preparation of site development shall
be undertaken prior to the grant to any special permit, site plan,
or subdivision approval required for such development.
[Amended 7-28-2005 by L.L. No. 7-2005]
F.
All excavation and grading activities shall comply with the applicable permit requirements of the Town of Goshen Code Chapter 53, entitled "Clearing and Grading Control."
[Amended 7-28-2005 by L.L. No. 7-2005[2]]
[2]
Editor's Note: This local law also repealed
former Subsection G, regarding excavation and grading activities,
which immediately followed this subsection.
The Town finds that protection of its wetlands and watercourses helps to maintain water quality and the health of natural ecosystems, reduces flooding, erosion, and sedimentation, and protects important wildlife habitat areas. The Town also recognizes that both the state and federal governments regulate wetlands and desires to avoid duplicating regulatory programs while cooperating with state and federal agencies. To ensure that development minimizes damage to wetlands and watercourses, the Town establishes the following requirements in addition to the Stream Corridor and Water Supply Watershed Overlay District provisions of § 97-26.
A.
State and federal wetland permit coordination. All
applicants for any Town permit or approval that might result in disturbance
to a wetland or watercourse shall, as early as possible in the application
process, apply to the New York State Department of Environmental Conservation
(DEC) and/or the United States Army Corps of Engineers (ACOE), as
appropriate, for any applicable permits. The applicant shall submit
copies to the Town of any application to or correspondence with ACOE
and DEC concerning required wetland permits for the project.
B.
Required watercourse and wetland mapping and delineation. Any site plan, plot plan, building permit or zoning permit application, variance application, subdivision plat, preliminary subdivision plat, or other plan submitted to a Town regulatory board or official shall show the location and stream classification of all watercourses and the location of any DEC-regulated wetlands and wetland buffers on the parcel, as determined by a DEC field delineation, if available, or from current DEC wetland maps. If the proposal requires that a wetland delineation be performed for the ACOE, the applicant shall submit a copy of such delineation to the reviewing board or official. If no delineation is submitted and the reviewing board or official has reason to believe that the proposal would involve disturbance to wetlands, the applicant may be required either to submit a wetland delineation or to obtain a certification from a qualified wetlands expert that there are no wetlands within the area proposed to be disturbed. A wetland delineation may also be required if necessary to determine allowable maximum density for an open space development pursuant to § 97-20A.
C.
The Planning Board may require the establishment of
buffers and other measures to protect any wetland from adverse effects
of development in the surrounding area.
[Amended 2-23-2009 by L.L. No. 1-2009]
The Town finds that the alteration of steep
slope areas poses potential risks of erosion, sedimentation, landslides,
and the degradation of scenic views. Accordingly, the following requirements
are hereby imposed in areas with slopes exceeding 25%.
A.
For any subdivision, special permit, site plan, building
permit, zoning permit, or variance that involves the disturbance of
slopes greater than 25%, conditions shall be attached to ensure that:
(1)
Adequate erosion control and drainage measures will
be in place so that erosion and sedimentation do not occur during
or after construction.
(2)
Cutting of trees, shrubs, and other natural vegetation
will be minimized, except in conjunction with logging operations performed
pursuant to applicable guidelines of the New York State Department
of Environmental Conservation.
(3)
Safety hazards will not be created due to excessive
road or driveway grades or due to potential subsidence, road washouts,
landslides, flooding, or avalanches.
(4)
Proper engineering review of plans and construction
activities will be conducted by the Town to ensure compliance with
this section, paid for by escrow deposits paid by the applicant.
(5)
No certificate of occupancy will be granted until
all erosion control and drainage measures required pursuant to this
section have been satisfactorily completed.
B.
Slope determinations shall be made based upon the
topographic information required for a particular approval, along
with such other topographic information as a reviewing board or official
shall reasonably require or the applicant shall offer. In cases of
uncertainty or dispute, a qualified professional retained by the Town,
at the applicant's expense, shall determine the location of regulated
slopes.
C.
For purposes of determining the location of steep
slope areas, only contiguous slopes containing at least 2,000 square
feet of steep slopes with at least 10 feet of continuous horizontal
width perpendicular to the slope shall be considered. Within the HR
District, contiguous slopes containing at least 1,500 square feet
shall be considered.
A.
Agricultural buffers. Wherever agricultural uses and other uses unrelated to the agricultural operations abut, the applicant for the nonagricultural use shall provide buffers to reduce the exposure of these abutting uses to odors, noise, blowing soil and pesticides, and other potential nuisances associated with the agricultural operation. Such buffers may consist of vegetative screening, woodlands, vegetated berms, or natural topographic features. As used in this Subsection A, "abutting uses" shall include uses that are separated by the right-of-way of a road, trail, or power line.
B.
Required disclosure. In the case of any proposed residential development that abuts agricultural uses, the Planning Board shall require the applicant to issue a disclosure to potential purchasers of lots or dwelling units as follows: "This property adjoins land used for agricultural purposes. Farmers have the right to apply approved chemical and organic fertilizers, pesticides, and herbicides and to engage in farm practices which may generate dust, odor, smoke, noise and vibration." This disclosure shall be required as a note on a subdivision plat or site plan and may also be required to be made through other means reasonably calculated to inform a prospective purchaser, such as by posting, distribution of handbills, inclusion in an offering plan or real estate listing information sheet, or letter of notification. This section may also be applied to any commercial development at the discretion of the Planning Board. Additional requirements apply in the AI District. See § 97-13A(2).
C.
Agricultural data statement. Any application for a special permit, site plan approval, use variance, or subdivision approval requiring municipal review and approval by the Town Board, Planning Board, or Zoning Board of Appeals that would occur on property within an agricultural district containing a farm operation, or on property with boundaries within 500 feet of a farm operation located in an agricultural district, shall include an agricultural data statement as defined in this § 97-47. The reviewing board shall evaluate and consider the agricultural data statement in its review of the possible impacts of the proposed project upon the functioning of farm operations within the agricultural district.
E.
Agricultural zoning exemptions. Within an agricultural
district as defined in Article 25-AA of the New York State Agriculture
and Markets Law, adopted by the county and certified by the state,
the following exemptions from provisions of this chapter shall apply
to land and buildings on farm operations:
[Amended 11-22-2004 by L.L. No. 7-2004]
(1)
There shall be no height limits on agricultural structures,
including but no limited to barns, silos, grain bins, and fences,
as well as equipment related to such structures, as long as they are
being used in a manner that is part of the farm operation.
(2)
There shall be no lot line setback restrictions on
agricultural structures, except setbacks from lots that are either
not within the agricultural district or lots that have existing residential
uses. Agricultural structures containing animals, animal feed, or
animal waste shall be set back at least 100 feet from lots that have
existing residential uses, whether or not such residential lots are
within an agricultural district.
(3)
Agricultural structures and practices shall not require
site plan review or special permit approvals.
(4)
Soil mining which does not require a permit from the
New York State Department of Environmental Conservation shall be permitted
by right, subject to a zoning permit from the Building Inspector.
F.
Application of zoning regulations to farm operations.
Pursuant to § 305-a of the Agriculture and Markets Law,
this chapter shall not be administered or interpreted in a manner
that unreasonably restricts or regulates farm operations within agricultural
districts, unless it can be shown that the public health or safety
is threatened. Any provision of this chapter which violates § 305-a
shall be deemed to have no effect as applied to such farm operations.
[Amended 2-23-2009 by L.L. No. 1-2009]
A.
Off-street parking.
(1)
Purpose. The Town finds that large and highly visible
parking areas represent one of the most objectionable aspects of commercial
development. Such parking lots damage the historic layout and architectural
fabric of hamlet areas, harm the natural environment and visual character
of the community, interfere with pedestrian safety and accessibility,
and reduce the quality of life in developed areas. However, the Town
also recognizes that inadequate parking can diminish quality of life
by creating traffic congestion, safety hazards, and inconvenience.
The Town therefore seeks to balance the need for adequate parking
with the need to minimize harm resulting from the provision of parking
and to avoid the negative impacts of excessive parking lot construction.
(2)
Parking requirements for residential uses.
(3)
Parking requirements for nonresidential uses. The number and layout of parking spaces for nonresidential uses shall be based on the need to protect public safety and convenience while minimizing harm to the character of the community and to environmental, historic, and scenic resources. Since nonresidential uses vary widely in their need for off-street parking, parking requirements shall be based on the specific operational characteristics of the proposed uses. The provisional parking standards in Subsection A(3)(a) below shall be applied and may be varied by the Planning Board according to the criteria in Subsection A(3)(b) below.
(a)
Provisional parking standards.
[1]
Retail or service business uses: four spaces
per 1,000 square feet of enclosed floor space, excluding space used
for storage.
[2]
Industrial/Warehouse uses: two spaces per 1,000
square feet of enclosed floor space or one space per employee.
[3]
Office uses: three spaces per 1,000 square feet
of floor space.
[4]
Lodging facility: one space for each bedroom
plus one space for each nonresident employee and one space for every
200 square feet of floor space for meetings and functions.
[5]
Restaurants, theaters, and other places of public
assembly: one space for every three seats.
[6]
Uses not listed above: as appropriate to the
circumstances.
(b)
Criteria for applying provisional standards.
In applying or modifying the provisional parking standards for any
proposed use, the Planning Board shall consider:
[1]
The maximum number of vehicles that would actually
be parked at the use at times of peak usage. Parking spaces shall
be sufficient to satisfy 85% of the anticipated peak demand. The likelihood
of people walking, bicycling, or carpooling to the proposed use shall
be taken into consideration.
[2]
The size of the structure(s) and the site.
[3]
The environmental, scenic, or historic sensitivity
of the site (including applicable limitations on impermeable surfaces).
In cases where sufficient area for parking cannot be created on the
site without disturbance to these resource values, the Planning Board
may require a reduction in the size of the structure so that the available
parking will be sufficient.
[4]
The availability of safely usable on-street
parking.
[5]
The availability of off-site off-street parking
within 400 feet that is open to the public, owned or controlled by
the applicant, or available on a shared-use basis, provided that the
applicant dedicates such off-site land for public parking or demonstrates
a legal right to shared use.
[6]
The requirements for parking for the disabled
as prescribed by the Americans with Disabilities Act.
(c)
Set-aside for future parking. The Planning Board
may, as a condition of reducing the provisional parking standards,
require an applicant to set aside additional land to meet potential
future parking needs. Such land may remain in its natural state or
be attractively landscaped but may not be used in a manner that would
prevent it from being developed for parking in the future.
(d)
Parking lot as accessory use to residential
dwelling. Parking spaces may be made available for nonresidential
uses on residential lots in the HR District by special permit. Such
spaces shall be screened from adjoining properties and roads and shall
not exceed five spaces per lot.
(e)
Fee in lieu of parking space. Where the required
spaces cannot be provided on site and are not currently available
on the street and/or in municipal parking lots, the applicant shall
pay a fee in lieu of one or more required spaces in an amount established
by the Town Board sufficient to cover the estimated cost of providing
additional public parking spaces. Such fee shall be kept in a dedicated
fund for municipal parking purposes and shall be used for such purposes
within three years or returned to the applicant (or the applicant's
successor).
(4)
Design, layout and construction of parking areas.
(a)
Location and screening.
[1]
All off-street parking shall be located behind or to the side of the principal building, except as provided in Subsection A(4)(a)[2] and [3] below. Parking spaces located in a side yard shall, if possible, be screened from public view. Adjoining parking areas shall be connected directly to one another or to a service road or alley wherever feasible to reduce turning movements onto roads.
[2]
Within any district, parking may be located
anywhere on the site if it is screened from public roads and adjoining
properties.
[3]
Within the HC District only, a maximum of one
row of on-site parallel, perpendicular, or diagonal parking may be
located in front of the principal building but not within the required
front yard. If any parking spaces are located in front of the principal
building, the minimum front yard setback shall be increased by 30
feet and shall be planted with alternating double rows of trees or,
if wooded, left in its natural state.
[4]
If a parking lot containing 10 or more spaces
lies within or borders the RU District, a buffer zone at least 50
feet wide shall be planted with trees or dense vegetation to provide
screening along all boundary lines, unless the adjoining properties
are in the HC, CO, or I District or contain a nonresidential use.
(b)
Construction of parking areas. Parking areas
shall be surfaced with a suitable durable surface appropriate for
the use of the land, with adequate drainage. Surfacing, grading, and
drainage shall facilitate groundwater recharge by minimizing impermeable
pavement and runoff. Overflow or peak period parking surfaces shall
be permeable. Oil traps may be required for larger paved parking lots.
Parking areas shall comply with all applicable requirements of the
Americans with Disabilities Act.
(c)
Landscaping. Parking areas shall be designed
and landscaped to avoid long, uninterrupted rows of vehicles by breaking
them into separate parking lots divided by tree lines, alleys, pedestrian
areas, or buildings. Parking lots containing more than 40 spaces shall
be divided into smaller areas by landscaped islands at least 15 feet
wide located no more than 120 feet apart. All islands shall be planted
with three-inch-minimum-caliper shade trees at a density of at least
one tree for every 20 linear feet of island. Parking lots containing
fewer than 40 spaces shall provide at least one three-inch-minimum-caliper
shade tree per eight spaces.
(d)
Lighting. Lighting within parking lots shall
be on low poles of 12 feet to 15 feet maximum height, with color-corrected
lamps and cutoff luminaires designed to minimize glare and light pollution.
Design of poles and luminaires shall be compatible with the style
of the architecture and adjoining streetscape treatment. Sidewalks
leading from parking lots shall be lit with bollard lighting and indirect
illumination of buildings and vegetation.
B.
Off-street loading. Loading docks and service access
areas shall be located in a manner that minimizes visual intrusion
on public spaces and ensures pedestrian and automobile safety by separating
truck traffic and loading operations from pedestrian and automobile
circulation. Where appropriate, loading docks shall be screened by
walls extending from a building face or placed within arcades or other
architectural features designed to blend them with the architecture
of the building. Adjacent buildings shall be sited to allow shared
access to loading docks through the use of common loading zones or
service alleys.
[Amended 2-23-2009 by L.L. No. 1-2009]
A.
Purpose. The purpose of this section is to control
the location, size, quantity, character, and lighting of signs in
order to maintain the attractive appearance of the Town and avoid
conditions of clutter and unsightliness. Through these regulations
the Town seeks to:
(1)
Protect public health and safety by ensuring that
signs do not create dangerous conditions, obstruct vision necessary
for traffic safety, or confuse, distract, or mislead motorists, bicyclists,
or pedestrians; and
(2)
Promote the general welfare by creating a more attractive
visual environment that preserves the Town's historic and rural character,
protects property values, encourages economic growth, and minimizes
negative impacts of signs on adjoining properties.
B.
Exempt signs. The following types of signs may be erected and maintained without zoning permits, board review, or fees, provided that these signs comply with the general regulations in § 97-49D and with all other requirements of this chapter. As used in this Subsection B, the term "residential uses" shall include mixed-use lots on which at least 50% of the floor space is residential.
(1)
Permanent signs.
(a)
Signs not exceeding one square foot in area
and bearing only property numbers, postal route box numbers, or names
of occupants of premises.
(b)
One sign, not exceeding 24 square feet in area,
designating a farm.
(c)
Flags and insignia of any government, except
when displayed in connection with commercial promotion.
(d)
Noncommercial information signs. Signs providing
noncommercial information to the public, including community service
information signs, public utility information signs, safety signs,
danger signs, "no trespassing" signs, signs indicating scenic or historic
points of interest, traffic control signs, directional parking signs,
and all signs erected by a public officer in the performance of a
public duty.
(e)
One on-premises sign, either freestanding or
attached, in connection with any residential building, for permitted
home occupations, not exceeding three square feet and set back at
least 10 feet from the traveled way or at the right-of-way, whichever
is greater. Such signs shall state name and occupation only and shall
not be illuminated.
(2)
Temporary signs.
(a)
Temporary nonilluminated "For Sale" or "For
Rent" real estate signs and signs of similar nature, concerning the
premises upon which the sign is located: for residential uses, one
sign per lot, not exceeding six square feet per side; for nonresidential
uses, one sign per lot, not exceeding 12 square feet, set back at
least 15 feet from all property lines. All such signs shall be removed
within three days after closing of the sale, lease, or rental of the
premises.
(b)
Temporary nonilluminated window signs and posters
not exceeding 25% of each window surface. (Such signs are normally
used to advertise specific products or sales and are removed or replaced
on a regular basis.)
(c)
Two temporary signs for a roadside stand selling
agricultural produce grown on the premises in season, provided that
such signs do not exceed 32 square feet each, are set back at least
five feet from the public right-of-way, and are removed at the end
of the selling season.
(d)
On-premises signs for garage sales and auctions,
not exceeding four square feet, for a period not exceeding seven days.
(e)
Posters, banners, and signs, not exceeding six
square feet on residential uses or 16 square feet on nonresidential
uses, for a period not exceeding 60 days.
(f)
One sign, not exceeding six square feet on residential
uses or 16 square feet on nonresidential uses, listing the architect,
engineer, contractor and/or owner, on premises where construction,
renovation, or repair is in progress, limited to the duration of the
construction period.
(g)
Signs, portable or otherwise, advertising special
events for nonprofit organizations, such as firemen's field days,
church bazaars, bake sales, etc. Such signs shall not exceed 24 square
feet in area and shall not be displayed for more than 30 days.
(h)
Signs required to be posted in connection with
hearings on development applications, as provided in § 97-72F(3).
(i)
Signs marking areas of highway or utility construction,
repair, or maintenance.
C.
Prohibited signs.
(1)
No off-premises commercial signs shall be allowed,
except that signs not exceeding four square feet directing the public
to specific establishments may be allowed with site plan approval
by the Planning Board.
(2)
No exterior sign shall be illuminated internally,
and no sign shall contain flashing, intermittent, rotating, or moving
lights, except that one neon sign not exceeding three square feet
may be allowed inside the window of a business establishment.
(3)
Portable signs that are mounted on wheels, including
motor vehicles or trailers parked in one location for more than 30
days in any calendar year and functioning primarily as signs, shall
be prohibited.
(4)
No permanent sign or any part thereof shall contain
or consist of any moving, rotating, or revolving device.
D.
General sign regulations. All signs that are not prohibited by Subsection C above are regulated by this subsection. Signs that are not exempt under Subsection B shall require building permits. However, if signs are proposed in connection with any special permit or site plan application, such signs shall be reviewed and approved under applicable criteria for the principal uses and shall not require a separate building permit if constructed pursuant to an approved plan.
(1)
Permit applications. Applications for new signs or
proposed changes in existing signs shall include a scaled drawing
showing the type of lettering, sign dimensions, colors, materials,
and method of illumination, if any, and a plan showing the location
of the sign on the building or property. A building permit shall be
required for any change in the size, shape, lighting, materials, or
location of an existing sign. No building permit shall be required
if only the words or images on the sign are changed.
(2)
Location and maintenance.
(a)
Signs shall be erected, constructed, and maintained
in a manner that does not obstruct traffic movement or visibility
or cause any hazard to public safety.
(b)
No signs shall be placed, painted, or drawn
on utility poles, bridges, culverts, or other road or utility structures
or signposts, or on trees, rocks, or other natural features, except
that signs not exceeding one square foot posting property boundaries
may be placed on trees. No signs shall be placed on municipally owned
property without permission of the Town Board.
(c)
All signs shall be kept in good repair. Painted
surfaces shall be kept neatly painted at all times.
(3)
Sign area and height.
(a)
Freestanding signs. Individual freestanding
signs shall not exceed 16 square feet in area nor 10 feet in height.
Freestanding signs that are grouped together on one sign structure
shall not exceed a cumulative total of 50 square feet per structure,
and the individual components of such groupings shall be large enough
to be read safely by passing motorists traveling at the speed limit.
(b)
Projecting signs. Projecting signs shall not
exceed 12 square feet in area and shall not project more than four
feet from the side of the building. The bottom of such signs shall
be no lower than 10 feet and no higher than 15 feet above the finished
grade.
(c)
Wall-mounted signs. Wall-mounted signs shall
not exceed 32 square feet, extend more than one foot from the surface
of the wall, cover more than 10% of the front surface of a building,
cover a window, obscure architectural detailing, interrupt a roofline,
or be placed on the roof of a structure.
(d)
Window signs. Signs placed in windows shall
not cover more than 25% of the window area.
(e)
Awning signs. The valance portion of an awning
may be used as a sign, with a maximum of 12 square feet of sign area.
The bottom of the awning shall be at least eight feet above the finished
grade.
(f)
Sign area bonuses. To encourage design excellence,
the maximum sizes for individual signs specified above may be increased
if the criteria below are satisfied. Sign bonuses shall not apply
to exempt signs or to freestanding signs that exceed six feet in height.
Although a separate increase is granted for compliance with each of
the criteria and the total is cumulative, each percentage increase
is based on the original sign size limitation. Maximum sign sizes
shall be allowed to increase as follows:
[1]
Fifteen percent when the sign is made of wood.
[2]
Fifteen percent if the sign is designed to contain
only the identification of the establishment without advertising any
products sold on the premises.
[3]
Twenty percent if the sign is the only sign
identifying the establishment or its principal product.
[4]
Twenty percent if the sign is not designed or
used with illumination.
[5]
Thirty percent if the Planning Board finds that the sign has special aesthetic merit or that additional size is necessary or appropriate due to such circumstances as the sign's distance from the road, the design speed of the road, or the size of the building on which the sign is placed. In order to take advantage of this Subsection D(3)(f)[5], an applicant not otherwise subject to site plan or special permit review may file a site plan application with the Planning Board. The content and review of such application shall be limited to consideration of signs.
(g)
Maximum cumulative sign area per lot. The maximum
amount of total sign area per lot shall be one square foot of total
sign area for every two linear feet of lot frontage on a public street.
(h)
Maximum area per sign. Notwithstanding any provision
of this section to the contrary, no sign or grouping of signs shall
be greater than 100 square feet in size.
(4)
Illumination. No illuminated sign or lighting device
shall be placed or directed so that its light is directed or beamed:
(5)
Sign design manual. The Town Board may adopt a sign
design manual developed specifically for the Town of Goshen or published
for the general public or for another municipality. If such a sign
design manual is adopted, it shall be incorporated by reference into
this chapter.
E.
Removal of signs.
(1)
Signs advertising an establishment or institution
that has permanently closed shall be removed within one month of such
closure.
(2)
The Building Inspector shall notify in writing the
owner of any sign which no longer serves the purpose for which it
was erected or which poses a safety hazard to the public or is otherwise
in violation of this section. The Building Inspector shall order such
owner to remove or correct the unsatisfactory condition of such sign
within 20 days from the date of such notice.
(3)
Upon failure to comply with such notice within the
prescribed time, the Building Inspector is hereby authorized to secure,
repair, remove, or cause the removal of such sign. All costs of securing,
repairing, or removing such sign, including related legal fees and
expenses, shall be assessed against the land on which the sign is
located and shall be levied and collected in the same manner as provided
in the Town Law for the levy and collection of a special ad valorem
levy.
(4)
Emergency provisions. Where it reasonably appears that there is imminent danger to life, safety, or health or imminent damage to property unless a sign is immediately repaired, secured, or demolished and removed, the Town Board may, by resolution, authorize the Building Inspector to immediately cause the repair, securing, or demolition of such unsafe sign. The expense of such remedial actions shall be a charge against the land on which the sign is located and shall be assessed, levied, and collected as provided in Subsection E(3) above.
A.
Compliance with performance standards. No use shall hereafter be established, altered, moved or expanded unless it complies with the performance standards set forth in this section. Continued conformance with such standards, once applicable, shall be a requirement for the continuance of any certificate of occupancy. This § 97-50 shall not apply to farm operations engaged in customary agricultural practices, except where necessary to protect public health and safety.
B.
Purpose of performance standards. Consistent with
the general purposes of this chapter, performance standards shall
set specific controls on potentially objectionable external aspects
of all uses in order to:
(1)
Reduce to a reasonable minimum the dissemination of
smoke, gas, dust, odor or other atmospheric pollutants outside the
building in which the use is conducted.
(2)
Control noise and light perceptible beyond the boundaries
of the site of the use.
(3)
Limit the discharge of treated wastes and prohibit
the discharge of untreated wastes into any watercourse.
(4)
Limit the dissemination of vibration, heat or electromagnetic
interference beyond the immediate site on which the use is located.
(5)
Limit physical hazard by reason of fire, explosion,
radiation or any similar cause.
(6)
Regulate and control the generation and flow of vehicular
traffic in order to prevent hazardous conditions, traffic congestion
and excessive noise in the streets.
C.
Noise. No noises shall be emitted in violation of Chapter 70 of the Goshen Town Code. In addition, the following specific standards apply to noise:
(1)
Sound levels shall be determined at the property line
of the lot from which the noise is emitted. Sound measurements shall
be accomplished through a sound-level meter having an A-weighted filter
and constructed in accordance with specifications of the American
National Standards Institute or other generally accepted standard
for the measurement of sound.
(2)
No person, firm or corporation shall allow the emission
of sound which, as measured at the property lines, has a sound level
in excess of:
(3)
Sounds emitted at levels lower than those prohibited by Subsection C(2) above shall not be permitted if, because of the type or frequency of the noise emitted, such sounds are offensive, disruptive or in continual disharmony with the character of an adjoining or nearby residential neighborhood.
(4)
Exemptions. The following shall be exempt from the
noise level regulations:
(a)
Noises not directly under the control of the
property user.
(b)
Noises emanating from temporary construction
and maintenance activities between 8:00 a.m. and sunset, Monday through
Friday.
(c)
The noises of safety signals, warning devices,
emergency pressure-relief valves or other emergency warning signals.
(d)
Bells or chimes from a church or other place
of worship.
D.
Vibration.
(1)
Method of measurement. For the purpose of measuring
vibration, a three-component measuring system approved by the Town
Engineer shall be employed.
(2)
Maximum permitted steady-state and impact vibration
displacement. No activity shall cause or create a steady-state or
impact vibration displacement by frequency bands in excess of that
indicated in the following table:
|
Vibration Displacement
| |||
|---|---|---|---|
|
Frequency
(cycles per second)
|
Steady-State
(inches)
|
Impact
(inches)
| |
|
Under 10
|
0.0005
|
0.0010
| |
|
10 to 19
|
0.0004
|
0.0008
| |
|
20 to 29
|
0.0003
|
0.0006
| |
|
30 to 39
|
0.0002
|
0.0004
| |
|
40 and over
|
0.0001
|
0.0002
| |
E.
Smoke, dust and other atmospheric pollutants.
(1)
General control. The emission of smoke and other particulate
matter shall not be permitted in violation of applicable regulations
of the New York State Department of Environmental Conservation (DEC),
including but not limited to 6 NYCRR 201. Pollutants that are not
regulated by DEC shall not be emitted if they pose a substantial risk
to public health, safety, or welfare.
(2)
Method of measurement of smoke. For the purpose of
grading the density of smoke, the Ringelmann Smoke Chart or EPA Method
9 or 22 shall be used to determine the total smoke emitted. Where
the Ringelmann method is used, a reading shall be taken every minute
for an hour or, if less than an hour, until the total smoke emitted
exceeds that allowed by these regulations. Each reading shall be multiplied
by the number of minutes during which it was observed and the product
added.
(3)
Maximum permitted emission of smoke. There shall be
no measurable emission of smoke, gas or other atmospheric pollutant,
except as authorized by a permit granted pursuant to applicable state
and federal regulations. The emission of one smoke unit per hour and
smoke with discernible density of No. 1 on the Ringelmann Smoke Chart
shall be prohibited.
(4)
Maximum permitted emission of dust.
(a)
The emission of dust related to combustion for
indirect heating from any source shall not exceed 0.30 pound of dust
per 1,000 pounds of flue gas adjusted to fifty-percent excess air
for combustion.
(b)
There shall be no measurable emission of dust
or other particulate matter not related to combustion for indirect
heating.
(c)
Properties shall be suitably improved and maintained
with appropriate landscaping, paving, or other materials to minimize
windblown dust and other particulate matter.
F.
Odor. No land use shall be permitted which emits any
discernible obnoxious odor outside the lot.
G.
Toxic or noxious matter. No use shall be permitted
which will cause the release of toxic or noxious fumes or other matter
outside the building in which the use is conducted.
H.
Radiation. The handling, storage or disposal of radioactive
materials or waste by-products shall be conducted strictly in accordance
with applicable federal and state standards.
I.
Electromagnetic interference. No operation shall be
permitted which produces any perceptible electromagnetic interference
with normal radio or television reception in any area, unless federal
or state regulation requires such operation to be permitted.
J.
Fire and explosion hazard.[1] All activities involving the use or storage of flammable
or explosive materials shall be provided with adequate safety devices
against the hazard of fire and explosion, with adequate fire-fighting
and fire-suppression equipment and devices standard in the industry.
Such activities shall comply with all applicable requirements of the
New York State Uniform Fire Prevention and Building Code, DEC regulations,
and the National Fire Protective Association (NFPA) Code. Copies of
SARA forms filed with the Orange County Emergency Response Agency
shall also be filed with the Building Inspector.
K.
Heat. There shall be no emission of heat which would
cause an air temperature increase in excess of 1° F. along any
adjoining lot line.
L.
Exterior illumination and glare. No use shall produce
glare so as to cause illumination beyond the boundaries of the property
on which it is located in excess of 0.5 footcandle. All exterior lighting,
including security lighting, in connection with all buildings, signs
or other uses shall be directed away from adjoining streets and properties.
The Planning Board may require special efforts to reduce the impacts
of exterior lighting, such as limiting hours of lighting, planting
screening vegetation, or installing light shields to alleviate the
impact of objectionable or offensive light and glare on neighboring
residential properties and public thoroughfares.
M.
Liquid and solid wastes. The discharge of any or all
wastes shall be permitted only if in complete accordance with all
standards, laws and regulations of the Orange County Health Department,
New York State Department of Environmental Conservation or any other
regulatory agency having jurisdiction. Facilities for the storage
of solid waste shall be so located and designed as to be screened
from the street or from any adjoining property and so as to discourage
the breeding of rodents or insects.
N.
Traffic. For the purpose of preventing congestion
in the streets, promoting the safe and efficient use of public transportation,
protecting air quality, promoting fuel conservation, and otherwise
protecting the public health, safety and welfare, the following specific
traffic standards are hereby established to serve as a guide for Town
officials and agencies in the review of applications for development
approvals:
(1)
The proponent of any development shall provide the
Planning Board with information pertaining to potential traffic generation.
If the Planning Board determines that it is necessary, the Planning
Board may require the submission of a traffic impact study (TIS) prepared
by a qualified traffic engineer.
(a)
The TIS shall evaluate potential impacts to
roadway and intersection operating conditions at locations and peak
hours to be determined by the reviewing agency.
(b)
The latest available version of the Highway
Capacity Manual and/or Highway Capacity Software shall be used to
conduct the TIS.
(c)
The TIS shall be based on traffic volume data
not more than three years old.
(d)
Significant adverse traffic impacts requiring
project mitigation shall be defined as any of the following occurring
within the first year of operation of full build-out of the proposed
project or, in the case of phased construction, during the first year
of operation of each phase for which approval is sought:
[1]
Any reduction in level of service (LOS) to less
than LOS D at a street intersection that operates at LOS D or better
without the proposed project.
[2]
Any increase in delay times for intersections
operating at LOS E or below.
[3]
Introduction of new traffic volumes that will
cause the overall volume of the roadway to exceed the design capacity
of the mainline (nonintersection) highway sections within the TIS
study area.
(e)
If the outcomes listed in Subsection N(1)(d) above would occur in any case due to other planned projects or background growth in the area that would affect that intersection or roadway segment, then the proposed project may be approved, provided that adequate mitigation plans are made to ensure safe and efficient operating conditions at the affected intersection(s).
(2)
Any development application for which a TIS is not
submitted shall provide sufficient information to ensure safe entering
and exiting conditions (e.g., sight distance, driveway width and grade)
at all proposed ingress and egress points.
(3)
In projecting future levels of service and the capacity
of mainline highway sections, accepted traffic engineering procedures,
as determined satisfactory by the reviewing board, shall be utilized,
using the following requirements as a guide:
(a)
Base-year traffic conditions, including peak-hour
traffic volumes and turning movements, must be documented either through
direct field surveys or from other available current data sources.
(b)
Projected volumes must include estimated traffic
generation from the proposed development during peak hours of on-site
traffic activity as well as peak hours of street system activity.
(c)
Daily trip generation estimates must be provided.
Information published by the Institute of Transportation Engineers
(ITE) will generally be relied upon as a basis for estimating trip
generation, although the reviewing board may allow or require a departure
from the use of specific ITE averages where the board determines that
such departure is warranted by unique characteristics which may be
present in the proposed project.
(d)
Allowance shall also be made for traffic which
is expected to be generated by other projects already approved or
under construction within the Town or within neighboring communities,
as well as an additional allowance for general regional traffic volume
changes.
(e)
Estimated traffic generation must be distributed
throughout the access network in accordance with clearly stated distribution
assumptions determined acceptable by the reviewing board.
(f)
The capacity analysis of the intersections or
mainline highway section roadway system shall be calculated both with
and without site-generated traffic. In analyzing such capacity, the
applicant shall use methods generally recognized by national authorities,
such as the Transportation Research Board of the National Academy
of Sciences, and/or methods accepted by the New York State Department
of Transportation. Traffic capacity estimates may take into account
improvements planned by the applicant or by others, provided that,
in either case, a specific commitment to construct such improvements
has been made.
(g)
In determining overall intersection level of
service at signalized intersections, optimum practical signal timing
may be assumed. Overall intersection level of service shall be determined,
for both signalized and unsignalized intersections, based upon a volume-weighted
average of each intersection approach level of service.
O.
Review procedures. As a part of site plan review of
an application for the establishment of a use which, in the reviewing
board's judgment, could have potentially objectionable external aspects
and therefore be subject to these performance standards, the reviewing
board may require the applicant, at his or her own expense, to provide
such evidence as it deems necessary to determine whether the proposed
use will comply with these standards.
A.
Purpose and intent. The conduct of small-scale, low-impact
business and professional uses on residential properties shall be
permitted under the provisions of this section. It is the intent of
this section to:
(1)
Ensure the compatibility of home occupations with
other uses;
(2)
Maintain and preserve the rural and historic character
of the Town; and
(3)
Allow residents to engage in gainful employment on
their properties while avoiding excessive noise, traffic, nuisance,
fire hazard, and other possible adverse effects of nonresidential
uses.
B.
Criteria and standards.
(1)
Home occupation as use permitted by right. Home occupations
shall be permitted uses if they are in compliance with the following
criteria and standards:
(a)
The home occupation may be conducted only by
residents of the dwelling unit plus no more than two nonresident assistants
or employees at any one time. A home occupation may be conducted within
a dwelling unit and/or within accessory structures. An area no larger
than 30% of the floor space of the primary dwelling unit may be occupied
by the home occupation, up to a maximum of 1,000 square feet.
(b)
A home occupation shall be incidental and secondary
to the use of a dwelling unit for residential purposes. It shall be
conducted in a manner which does not give the outward appearance of
a business, does not infringe on the right of neighboring residents
to enjoy the peaceful occupancy of their homes, and does not alter
neighborhood character.
(c)
Signs used in conjunction with a home occupation
shall not be animated or illuminated and shall not exceed three square
feet.
(d)
Parking shall be adequate for nonresident employees
and customers or clients. No vehicle larger than 12,000 pounds' gross
vehicle weight that is used primarily for business purposes may be
parked regularly in a location visible from a public road or neighboring
properties. This shall not apply to vehicles used in connection with
farm operations.
(e)
Automobile and truck traffic generated shall
not be greater than the volume of traffic that would normally be generated
by a residential use, unless the residence is located on New York
State Route 17M or 17A.
(f)
There shall be no exterior storage of materials,
equipment, vehicles, or other supplies used in conjunction with a
home occupation, unless screened from the road and from other properties.
(g)
No offensive appearance, noise, vibration, smoke,
electrical interference, dust, odors, or heat shall occur. The use
of substances in a manner which may endanger public health or safety
or which pollute the air or water shall be prohibited.
(h)
More than one home occupation may be conducted
on a lot, provided that the combined impact of all home occupations
satisfies these criteria and standards.
(2)
Home occupation by special permit.
(a)
A home occupation occupying an area greater than that permitted in Subsection B(1)(a) above or employing more than two nonresident employees may be allowed by special permit, provided that it satisfies all criteria for granting of special permits as well as the criteria and standards in Subsection B(1)(a) through (h) above. Such criteria shall become standard conditions of the special permit. In no case shall the area occupied by a home occupation allowed by special permit exceed the lesser of 40% of the floor space of the primary dwelling unit or 2,000 square feet.
(b)
A special permit granted for a home occupation
shall include a condition requiring the operator to obtain an annual
operating permit from the Building Inspector at a cost of $75 per
year beginning in the second year of operation. Such operating permit
shall be granted after the Building Inspector inspects the premises
and finds the home occupation to be in compliance with all conditions
of the special permit.
A.
New driveway entrances (including the conversion of
farm roads into residential or commercial driveway entrances) shall
require permission from the Town Superintendent of Highways for Town
roads, the Orange County Department of Public Works for county roads,
or the New York State Department of Transportation for state roads.
B.
No driveway shall provide access to a lot located
in another district if that lot is used for any use prohibited in
the district in which the driveway is located.
C.
Drive-up windows shall require site plan review. Street
access points and queuing areas shall be sited in a manner that does
not create safety hazards to pedestrians or motorists and that does
not increase traffic congestion on existing streets.
B.
Construction trailers. Construction trailers may be
placed temporarily (without permanent footings) on construction sites
for a period not to exceed the construction period, if allowed pursuant
to a special permit, site plan, variance, or subdivision approval.
Such trailers may be used for office, storage, or workshop space and
shall not be used for residential purposes.
A.
Purpose. This section is intended to protect cemeteries
and burial grounds from encroachment by commercial and/or residential
structures, by establishing regulations requiring Planning Board review
for any structure proposed to be located within 200 feet of such burial
ground or cemetery and prohibiting location of any commercial or residential
structure within 100 feet of any such burial ground or cemetery. This
section is adopted out of respect for these areas as final resting
places, in order to protect and preserve these areas as significant
cultural and historic sites, and to protect the health, safety and
welfare of the citizens of the Town of Goshen associated with locating
homes or improvements in close proximity to cemeteries and/or burial
grounds.
B.
Identification and location of cemeteries and burial
grounds.
(1)
The existing identified cemeteries and/or burial grounds
located within the Town of Goshen are listed below:
|
Goshen Cemeteries
|
Location*
| ||
|---|---|---|---|
|
Slate Hill
|
Old Chester Road, partially within Village of
Goshen. This is an active cemetery.
| ||
|
Section 8, Block 1, Lot 14
| |||
|
GPS Deg 41, Min 23, Sec 51N
| |||
|
Deg 74, Min 18, Sec 58W
| |||
|
Case Cemetery
|
West side of Sarah Wells Trail, 9 mile north
of Main Street
| ||
|
Section 3, Block 1, Lot 28
| |||
|
GPS Deg 41, Min 24, Sec 55N
| |||
|
Deg 74, Min 17, Sec 50W
| |||
|
Webb Family Cemetery
|
200 feet east of Maple Avenue
| ||
|
Section 13, Block 1, Lot 43
| |||
|
GPS Deg 41, Min 23, Sec 34N
| |||
|
Deg 74, Min 21, Sec 24W
| |||
|
VanDuzer Cemetery
|
Pulaski Highway and Mapes Corner, 0.3 mile north
of Quarry Rod., 0.1 mile east of Pulaski Highway
| ||
|
GPS Deg 41, Min 21, Sec 48N
| |||
|
Deg 74, Min 21, Sec 53W
| |||
|
Orange Farm Cemetery
|
South of Quarry Road, 0.1 mile east of Pulaski
Highway, 0.1 mile west of Orange Home and Infirmary
| ||
|
GPS Deg 41, Min 21, Sec 42N
| |||
|
Deg 74, Min 21, Sec 53W
| |||
|
Stonehedge Cemetery
|
Off Knoell Road between Partridge and Stonehedge
Road; in woods
| ||
|
Section 25, Block 5, Lot 9
| |||
|
GPS Deg 41, Min 23, Sec 36N
| |||
|
Deg 74, Min 17, Sec 21W
| |||
|
Bull/Spencer/Horton
|
Ridge Road and Farmingdale Road, Farm Cross
Way
| ||
|
Section 4, Block 1, Lot 6.223
| |||
|
GPS Deg 41, Min 24, Sec 07N
| |||
|
Deg 74, Min 15, Sec 31W
| |||
|
Rumsey Cemetery
|
Ridge Road, northeast of Craigville and Ridge
(on Wallace Farm)
| ||
|
Section 4, Block 1, Lot 15.22
| |||
|
GPS Deg 41, Min 23, Sec 31N
| |||
|
Deg 74, Min 15, Sec 59W
| |||
|
Mabee/Dunning Cemetery
|
North of Lower Reservoir Road, 0.2 mile from
17A; on hill
| ||
|
GPS Deg 41, Min 22, Sec 58N
| |||
|
Deg 74, Min 20, Sec 25W
| |||
|
Carpenter Cemetery
|
East of 17A and Houston Road; way up hill; tombstones
lying on ground near large tree
| ||
|
Section 17, Block 1, Lot 5.2
| |||
|
GPS Deg 41, Min 22, Sec 26N
| |||
|
Deg 74, Min 21, Sec 01W
| |||
|
Howell Cemetery
|
East of Route 17A and 200 yards south of Houston
Road; up hill; low wall around tombstones
| ||
|
GPS Deg 41, Min 22, Sec 20
| |||
|
Deg 74, Min 21, Sec 05
| |||
|
Conklin Cemetery
|
South side of Conklintown Road, on horse farm
| ||
|
Section 15, Block 1, Lot 28.2
| |||
|
GPS Deg 41, Min 21, Sec 55N
| |||
|
Deg 74, Min 19, Sec 19W
| |||
|
Weslowski/Sayer Cemetery
|
200 yards west of Route 94, 100 yards northeast
of Clarke Road; partially buried
| ||
|
GPS Deg 41, Min 20, Sec 57N
| |||
|
Deg 74, Min 19, Sec 41W
| |||
|
Ward/Jackson
|
North of Route 17M, east of Ward Road
| ||
|
Section 11, Block 1, Lot 32.2
| |||
|
GPS Deg 41, Min 22, Sec 13N
| |||
|
Deg 74, Min 19, Sec 41W
| |||
|
McCoy Cemetery
|
Bonfut Road off Maple Avenue
| ||
|
Section 19, Block 1, Lot 47
| |||
|
GPS Deg 41, Min 22, Sec 31N
| |||
|
Deg 74, Min 23, Sec 38W
| |||
|
Vail Cemetery
|
Route 17A and Durland Road; 100 yards up hill
northeast from Thompson cemetery (below)
| ||
|
GPS Deg 41, Min 21, Sec 05N
| |||
|
Deg 74, Min 21, Sec 07W
| |||
|
Thompson Cemetery
|
Route 17A and Durland Road; see also Vail Cemetery,
on same property (above)
| ||
|
Section 20, Block 1, Lot 11.33
| |||
|
GPS Deg 41, Min 21, Sec 03N
| |||
|
Deg 74, Min 21, Sec 09W
| |||
|
Whitman Farm Cemetery
|
West of Arcadia Road, south of Route 17M, on
high mound in heavy woods; stone wall partially crumbled
| ||
|
Section 15, Block 1, Lot 51.2
| |||
|
GPS Deg 41, Min 22, Sec 05N
| |||
|
Deg 74, Min 18, Sec 33W
| |||
|
Veterans Cemetery
|
North of Craigville Road; across from park.
This is a new, active cemetery.
| ||
|
GPS Deg 41, Min 24, Sec 05N
| |||
|
Deg 74, Min 18, Sec 01W
| |||
|
Wood Cemetery
|
North of Route 94; 0.2 mile south of Golet Road
| ||
|
GPS Deg 41, Min 20, Sec 52N
| |||
|
Deg 74, Min 19, Sec 58W
| |||
|
Orange Farm Burial Ground No. 2
[Added 4-14-2016 by L.L.
No. 2-2016] |
South of Quarry Road, east of Valley View Nursing
| ||
|
GPS Deg 41, Min 21, Sec 22N
| |||
|
Deg 74, Min 21, Sec 44W
| |||
|
NOTES:
| ||
|
*
|
The above coordinates were obtained by on-site
inspection by volunteers from the Orange County Genealogical Society
in the spring and summer of 2002, using Magellan 330X GPS receivers.
Section, block and lot were extrapolated, where possible, from the
20th edition, Real Estate Atlas of Orange County, Town of Goshen.
| |
C.
Encroachment restrictions.
(1)
No structure or well shall be located within 100 feet
of a burial ground or cemetery as identified herein.
(2)
The Planning Board, in its sole discretion, as part
of any subdivision, site plan, or special use permit application,
may require an applicant to erect fencing and/or install plantings
to act as a physical and/or visual barrier between a cemetery and
developable areas of a lot which are adjacent to a burial ground or
cemetery.
(3)
The Building Inspector shall not issue a building
permit for any structure that is located within 200 feet from any
burial ground and/or cemetery without first referring the matter to
the Planning Board for site plan review pursuant to the provisions
above.
[Added 9-6-2016 by L.L.
No. 4-2016]
A.
Purpose and legislative mandates.
(1)
The primary purpose of this section is to establish standards and
limitations for the installation and operation of wind and solar systems,
either as permitted principal or permitted accessory uses/structures,
within the Town of Goshen.
(2)
While the Town of Goshen intends to comply with the prevailing laws
and encourage the use of natural energy resources, it also wishes
to safeguard the farmland within its bounds, some of which has been
preserved via state, county and local funding. The Town of Goshen
also does not wish to jeopardize the use or tranquility of the preserved
open space lands within its bounds by any neighboring inappropriate
development.
(3)
The Town of Goshen notes that a 2015 New York State Energy Plan provides
a framework for transforming the state's approach to energy policy.
The Town agrees with a policy to focus development of a self-sustaining
private-sector-driven clean energy market. The Town will pursue the
plan's initiatives that include: renewable energy, building and energy
efficiencies and energy infrastructure modernization.
(4)
The Town of Goshen also desires in establishing the standards and
limitations for the installation and operation of wind and solar systems
to safeguard the special conservation resource lands as identified
in the drafted "2014 Open Space Conservation Plan" by the Department
of Environmental Conservation, especially those lands and riparian
corridors directly affecting water quality and biodiversity.
B.
COLLECTOR SURFACE
COMMERCIAL FARM
MAJOR SOLAR COLLECTION SYSTEM or SOLAR FARM
METEOROLOGICAL TOWER
RENEWABLE ENERGY FACILITY
ROTOR DIAMETER
SOLAR COLLECTOR
SOLAR ENERGY
SOLAR ENERGY SYSTEM
SOLAR ENERGY SYSTEM, LARGE
SOLAR ENERGY SYSTEM, SMALL
SOLAR PANEL
SYSTEM HEIGHT
TOWER HEIGHT
VAWT SYSTEMS
WIND ENERGY SYSTEM, LARGE
WIND ENERGY SYSTEM, SMALL
WIND GENERATOR
WIND TOWER
WIND, SOLAR OR PHOTOVOLTAIC ENERGY FACILITY OR STRUCTURE
Applicable definitions. As used in this section, the following terms
shall have the meanings indicated:
Any part of a solar collector that absorbs solar energy for
use in the collector's energy transformation process but does not
include frames, support and mounting hardware.
A farm operation carried on for profit, whose primary function
involves the sale of products generated on that property.
An area of land or other area used for a solar collection
system principally used to capture solar energy and convert it to
electrical energy to transfer to the public electric grid in order
to sell electricity to or receive a credit from a public utility entity,
but also may be for onsite use. Solar farm facilities consist of one
or more freestanding ground- or roof-mounted solar collector devices,
solar-related equipment and other accessory structures and buildings,
including light reflectors, concentrators, heat exchangers, substations,
electrical infrastructure, transmission lines and other appurtenant
structures and facilities.
A structure designed to support the gathering of wind energy
resource data and includes the tower, base plate, anchors, guy cables
and hardware, anemometers (wind speed indicators), wind direction
vanes, booms to hold equipment, data loggers, instrument wiring, and
any telemetry devices that are used to monitor or transmit wind speed
and wind flow, and characterize the wind resource at a given location.
For the purpose of this section, meteorological towers shall conform
to the requirements for small wind energy systems.
A facility that engages in the production of electric energy
from solar technologies, photovoltaic technologies, or wind energy.
The cross sectional dimension of the circle swept by the
rotating blades of a wind-powered energy generator.
A device, structure or part of a device or structure in which
is used to transform solar energy into thermal, mechanical, chemical
or electrical energy.
Direct radiant energy received from the sun.
A solar energy system and all associated equipment including
any generator, base, foundation, structural support, wire, batteries
or other components necessary to convert solar energy into useable
electrical energy through the use of solar panels.
A ground-mounted or freestanding solar energy conservation system consisting of solar collectors, supports, wire, controls which will be used primarily for onsite and/or offsite consumption (i) on a residential lot that is not in compliance with § 97-55C(2)(b)[1]; is 10-kw or more; and (ii) on a nonresidential lot that is not in compliance with § 97-55C(2)(b)[2] or has a total aggregate surface area exceeding the footprint area of the building on the lot or 2,500 square feet whichever is greater or, if no building exists on the lot, 2,500 square feet.
A solar energy conservation system consisting of solar collectors,
supports, wire, controls which will be used primarily for onsite consumption
not to exceed 10 kw.
An elevated panel or plate, or a canopy or array thereof,
that captures and converts solar radiation to produce power, and includes
flat plate, focusing solar collectors, or photovoltaic solar cells
and excludes the base or foundation of the panel, plate, canopy, or
array.
For wind energy systems, the height above grade of the tower
plus the wind generator.
For wind energy systems, the height above grade of the fixed
portion of the tower, excluding the wind generator.
A vertical axis wind turbine which utilizes vertical panels
as opposed to horizontal propellers.
A wind energy conversion system consisting of a wind turbine,
a tower, and associated control or conversion electronics producing
more energy than consumed onsite.
A wind energy conversion system consisting of a wind turbine,
a tower, and associated control or conversion electronics producing
the same or less energy than consumed onsite.
Blades and associated mechanical and electrical conversion
components mounted on top of the tower.
The monopole, freestanding, or guyed structure that supports
a wind generator.
A facility or structure, the purpose of which is to supply
electrical energy produced from wind, solar, or photovoltaic technologies,
whether such facility or structure is a principal use, part of the
principal use or an accessory use or structure. A security fence is
not included in this definition of "facility or structure."
[Amended 6-25-2020 by L.L. No. 2-2020]
C.
Small wind, solar and photovoltaic energy systems as permitted accessory
uses/structures in all zoning districts. The primary purpose of an
accessory small wind, solar or photovoltaic energy system as an accessory
use or accessory structure is to provide power for the principal use
of the property, whether residential, nonresidential or farming, whereon
said system is to be located, and shall not be for the generation
of power for commercial sale purposes, although this provision shall
not be interpreted to prohibit the sale of excess power generated
from time to time from a small wind, solar or photovoltaic energy
system designed to meet the energy needs of the principal use. For
the purpose of this subsection concerning permitted accessory small
energy systems, the sale of excess power shall be limited so that
in no event is an energy system generating more energy for sale than
what is otherwise necessary to power the principal use on the property.
(1)
Rooftop and building-mounted solar collectors as accessory uses/structures.
Rooftop and building-mounted solar collectors are permitted as accessory
uses/structures in all zoning districts in the Town on all permitted
principal and accessory structures in the Town, subject to the following
requirements:
(a)
On residential buildings, solar panels and all accessory equipment
for the solar energy system shall not extend beyond the edge of the
roof nor exceed a height of six inches above the roofline or above
the highest point of the roof structure or surface upon which the
panels and equipment are located. The panels shall be set at the same
angle as the roof.
(b)
On all other buildings, solar panels for the solar energy system
shall not extend beyond the edge of the roof nor exceed a height of
45 inches above the highest point of the roof surface upon which they
are located, but in no event shall the placement of the solar panels
or any related accessory equipment result in a total height, inclusive
of the subject building, exceeding that height which is otherwise
permitted in the applicable zoning district. The panels shall be set
at an angle which permits high efficiency of the solar system consistent
with consideration of visibility from surrounding uses, with the intent
to provide a panel angle of 41° or other maximum-efficiency angle
as recommended by the vendor within the range of 30° to 45°.
A horizontal panel arrangement is expected to give maximum angle latitude
and still comply with the height restriction. In no case shall the
angle of any panels be installed at less than 10° to provide adequate
drainage. Accessory equipment shall be installed near the center area
of the roof to reduce visibility and shall be limited to no more than
six feet in height, and in no case shall it be mounted at a height
greater than which is otherwise permitted in the applicable zoning
district.
[Amended 6-25-2020 by L.L. No. 2-2020]
(c)
Any ground-mounted accessory equipment associated with the rooftop-
or building-mounted solar collectors shall be no higher than 10 feet
in height, shall be located within 10 feet of the structure upon which
the panels are located, shall only be permitted within side or rear
yard areas and shall conform to the accessory building setbacks and
the coverage requirements of the applicable zoning district. Accessory
equipment shall not be permitted within the front yard unless set
back at least 200 feet from the front property line.
[Amended 6-25-2020 by L.L. No. 2-2020]
(e)
For farms, see Subsection D herein below for additional provisions, requirements, limitations and standards.
(f)
For all residential and nonresidential buildings, a zoning permit for a compliant rooftop- or building-mounted solar energy system on a property is required from the Town Building Inspector in accordance with § 97-55G and § 97-64 of this chapter, and all information required by the Building Inspector to determine compliance with the provisions of this section shall be provided for the permit.
(g)
In the instance where a proposed rooftop- or building-mounted solar energy system on a residential or nonresidential property is not compliant with the provisions of this section, a variance is required pursuant to § 97-69 in addition to minor site plan approval in accordance with § 97-77 of this chapter and § 97-55G of this section.
(2)
Ground-mounted and freestanding solar collectors as accessory uses/structures.
Ground-mounted and freestanding solar collectors are permitted as
accessory uses/structures in all zoning districts of the Town subject
to the following requirements:
(a)
Ground-mounted arrays and freestanding solar collectors may
be located only on properties at least one acre or greater in area
where the applicant proves to the satisfaction of the Planning Board
or the Building Inspector, as the case may be, that rooftop- or building-mounted
solar collectors are not feasible on the subject site.
(b)
The total surface area of all ground-mounted or freestanding
solar collectors shall be as follows:
[1]
On a residential lot, the total surface area shall not exceed
a maximum aggregate area of 750 square feet on lots one acre to two
acres in area, 1,200 square feet on lots two acres to five acres in
area, and 1,500 square feet on lots five acres or larger.
[2]
On a nonresidential lot, the total surface area shall not exceed
the existing building coverage of the building served by the ground-mounted
or freestanding solar collectors.
(c)
The solar collectors and accessory equipment shall not be permitted
within any front yard areas.
(d)
The location of any ground-mounted or freestanding solar collectors
or other structures or equipment associated with a solar energy system
shall be as follows:
[1]
On a residential lot, the setback shall be 40 feet from all
side and rear property lines or the accessory building setback requirement
of the applicable zoning district, whichever distance is greater.
[2]
On a nonresidential lot, the setback shall be 50 feet or the
accessory building setback requirement of the applicable zoning district,
whichever distance is greater.
(e)
The height of the solar collectors and any mounts shall not
exceed 12 feet when oriented at maximum tilt.
(g)
For farms, see § 97-55D below for additional provisions, requirements, limitations and standards.
(h)
For any accessory ground-mounted or freestanding solar energy system on a residential lot that complies with § 97-55C(2)(b)[1] of this section, and for any accessory ground-mounted or freestanding solar energy system on a nonresidential lot that complies with § 97-55C(2)(b)[2] of this section and has a total aggregate surface area less than 2,500 square feet, a zoning permit is required from the Town Building Inspector in accordance with § 97-64 of this chapter, and any other information required by the Town Building Inspector to determine compliance with the provisions of this section shall be provided for the permit.
[1]
The Town Building Inspector shall consult with the Town Landscape
Architect and/or Planner regarding the adequacy of the proposed landscape
screening.
[2]
An escrow account shall be established by the applicant with
the Town to pay for the time expended by the Town Landscape Architect
and/or Planner.
(i)
All accessory ground-mounted or freestanding solar energy systems on a residential lot not in compliance with § 97-55C(2)(b)[1] of this section, and all accessory ground-mounted or freestanding solar energy systems on a nonresidential lot not in compliance with § 97-55C(2)(b)[2] of this section and/or with a total aggregate surface area of 2,500 square feet or greater, shall require site plan approval in accordance with Article IX of this Chapter and § 97-55G(2)(b) of this section with any required variance relief.
(3)
Small wind energy systems as accessory uses/structures. Small wind
energy systems are permitted as accessory uses/structures on lots
in all zoning districts in the Town, subject to the following requirements:
(a)
A minimum lot size of four acres shall be required to install
a small wind energy system, and no more than one small wind energy
system shall be permitted on a lot.
(b)
Small wind energy systems shall not be located within any front
yard areas.
(c)
Towers shall be set back a distance equal to 1.5 times the height
of the tower from all property lines, public roads, dwellings, and
overhead power lines. The distance shall be measured from the center
of the tower. No exemptions shall be granted for setback requirements
to power lines, as to do so would substantially and critically endanger
the health and welfare of the Town's residents.
(d)
The maximum total height of any small wind energy system shall
not exceed 120 feet; the total height shall include the vertical distance
from the ground to the tip of a wind generator blade when the tip
is at its highest point.
(e)
A meteorological tower shall be permitted under the same standards
and requirements as a small wind energy system.
D.
Additional provisions, requirements, limitations and standards for
wind, solar and photovoltaic energy systems as accessory uses/structures
on preserved farmland, commercial farms and other farms.
(1)
Preserved farmland and conservation easements.
(a)
Notwithstanding any law, rule or regulation to the contrary,
a person who owns preserved farmland (under a purchase of development
rights) may not construct, install, or operate solar, or wind energy
generation systems, structures, and equipment on the preserved portion
of the farm.
(b)
Notwithstanding any law, rule or regulation to the contrary,
a person who owns land under a declaration of conservation easement
may not construct, install, or operate solar, or wind energy generation
systems, structures, and equipment on the property so designated.
(2)
Commercial farms.
(a)
Notwithstanding the provisions of any state to the contrary,
the owner or operator of a commercial farm, located in an area in
which it is a permitted use under the Town zoning and is consistent
with the Town Comprehensive Plan, or which commercial farm which does
not pose a direct threat to public health and safety, may engage in
the generation of power or heat from solar, or wind energy as accessory
uses/structures to the farm use, provided that structures and power
generations are compliant with the New York State Building Codes and
Public Service Laws.
(b)
If such approval is required, a landowner shall seek and obtain
the approval of the State Department of Agriculture, and proof of
said approval shall be provided to the Building Inspector, before
constructing, installing, or operating energy generation facilities,
structures, and equipment.
(c)
The installation of any solar or wind energy generation facility
on a commercial farm shall abide by the rules, standards and regulations
established by the Department of Agriculture as well as those set
forth in this section, provided that the latter are not in conflict
with any rules, standards and regulations established by the Department
of Agriculture.
(3)
Additional provisions and requirements for any farm. Notwithstanding
anything to the contrary in this chapter, the following requirements
shall also be applicable to any accessory wind or solar energy system
on any commercial farmland or on any other farm:
(a)
The minimum distance between any portion of a solar energy facility
and a street property line shall be 100 feet, and the minimum distance
from any other property line shall be 100 feet, unless a greater setback
is required by the Department of Agriculture or any other outside
agency. Such minimum setback distances from streets shall be provided
with adequate screening (either existing or new) which screening shall
consider the typography and be part of a site plan review by the Planning
Board.
(b)
Wind towers shall be set back a distance equal to 1.5 times
the height of the tower from all property lines, public roads, dwellings,
and overhead power lines. The distance shall be measured from the
center of the tower.
(c)
The maximum total height of any small wind energy system shall
not exceed 120 feet; the total height shall include the vertical distance
from the ground to the tip of a wind generator blade when the tip
is at its highest point.
(d)
No portion of any wind, solar or photovoltaic energy system
shall be constructed or installed on prime agricultural soils as defined
by the USDA Natural Resources Conservation Service, unless the applicant
can demonstrate to the satisfaction of the Planning Board that there
is no other option for the location of such accessory structures on
the farm.
(e)
The construction and installation of any energy system shall
be designed to minimize any adverse impacts on the productivity of
the soil and the farm operation.
(g)
Where site plan approval is required for any energy management
system on a farm, a plan that prescribes the conservation and natural
resource management measures for the conservation, protection and
development of natural resources, the maintenance and enhancement
of agricultural or horticultural productivity, and the control and
prevention of nonpoint pollution shall be required as part of the
site plan application.
(h)
The maximum area of any farm area to be used for energy systems
shall be no more than 50% of the unconstrained lands.
(4)
Agricultural operations and protection. Operators of wind or solar facilities are subject to the provisions of § 97-47 of the Code regarding the protection and regulation of agricultural operations including the possible impacts from farming operations which include the potential for dust and smoke.
E.
Large-scale wind, solar and photovoltaic energy systems as permitted
principal uses/structures. Notwithstanding anything to the contrary
in this chapter, the development of large-scale wind, solar and photovoltaic
energy systems shall be a principal use in all zoning districts, subject
to major site plan approval by the Planning Board and a special permit
from the Town Board, and be guided by the provisions of this section
of the code and other sections that are applicable to all systems
for principal and accessory use.
(1)
A minimum lot size of 10 acres is required.
(2)
The minimum distance between any portion of a solar or photovoltaic
energy facility and a street shall be 100 feet and the minimum distance
from any other property line shall be 100 feet.
(3)
Wind towers shall be set back a distance equal to 1 1/2 times
the height of the tower from all property lines, public roads, dwellings,
and overhead powerlines. The distance shall be measured from the center
of the tower.
(4)
The maximum total height of any wind energy system shall not exceed
120 feet. The total height shall be the vertical distance from the
ground to the tip of the wind generator blade when the tip is at its
highest point.
(5)
The number of towers for a large wind energy system shall be limited
to no more than four as a principal permitted use.
(6)
No rooftop installation is permitted for wind, solar or photovoltaic
energy facilities as a principal use.
(7)
Large-scale wind energy systems may have a capacity of 10 kw or more.
F.
General requirements for all accessory and principal wind, solar
and photovoltaic energy systems.
(1)
The installation of any wind, solar or photovoltaic energy system,
including any accessory equipment, shall be outside any land area
exhibiting sensitive environmental characteristics such as freshwater
wetlands, 100-year flood hazard areas, severe topography (slopes more
than 15%), stream corridors, DEC wetland buffers, habitats for endangered,
rare, or threatened species, and historic and/or culturally significant
areas, to the extent an impact would occur to such historic and/or
culturally significant areas in the opinion of the Office of Parks,
Recreation and Historic Preservation. Systems shall not be within
any conservation easement or conservation deed restricted area. Systems
that are proximate to airfields shall be demonstrated to be in compliance
with all regulatory requirements of such airfield operations including
those related to agricultural operations. Potential developers of
solar and wind systems should be aware of agricultural operations
in the area and potential issues on their intended operations from
dust from soil cultivation, trucking, crop dusting and other agricultural
operations.
[Amended 6-25-2020 by L.L. No. 2-2020]
(2)
Any proposal for a wind, solar or photovoltaic energy system shall conform to the provisions of § 97-47 of this chapter, entitled "Protection and regulation of agriculture," and Chapter 53 (Clearing and Grading Control), as well as the following:
(a)
Any trees and/or shrubs to be removed or topped to accommodate
the installation of a wind, solar or photovoltaic energy system shall
be accompanied by a site plan identifying the location, size and species
of trees to be removed or topped and demonstrating the need to remove
or top the trees.
(b)
An applicant shall locate a wind or solar energy system so that
tree removal is not required to the greatest extent practical. Where
trees are to be removed, the Building Inspector, Planning Board or
Zoning Board of Appeals, as the case may be, may require the replacement
of trees on the subject property at up to a one-to-one ratio, depending
upon the consideration of environmental factors and the good judgment
of the authority having jurisdiction. For the purposes of this review
and potential replacement program, "trees" shall be defined as those
having a six-inch diameter at breast height (dbh).
(c)
The installation of any wind or solar energy system shall respect
the landscaping and trees within any conservation easement or deed
restricted area or within any required buffer area so that there is
no damage or harm to the plant materials within those areas.
(d)
In any case, any tree clearing shall be justified with emphasis
on development of previously cleared areas and any proposed clearing
not to exceed an area more than 50% of the subject property's size.
Clearing shall be minimized, and limited to the area necessary for
site access and the installation and operation of solar panels and
related equipment. Natural vegetation shall be maintained to the greatest
extent practicable.
(e)
Once constructed, the ground cover below the solar or wind energy
system must be restored with low-maintenance, drought-resistant, native,
non-fertilizer dependent flora or other protective low-maintenance
surface as the Town Planning Board may approve or, if no Planning
Board approval is required, as the Building Inspector may approve.
(3)
The design of a wind or solar energy system shall, to the extent
possible, use materials, colors, textures, screening and landscaping
that will blend into the natural setting and existing environment.
(4)
Wind and solar energy systems and any associated structures shall
not be used for displaying any advertising or signage, except for
reasonable identification of the operator of the system and appropriate
warning signs, with phone numbers for ESO/emergency contacts all not
to exceed, in aggregate, four square feet in area per 100 lineal feet
of running perimeter. All signs shall be affixed to equipment unless
otherwise authorized by the approving authority (Building Inspector
or Planning Board).
(5)
The installation of a clearly visible warning sign concerning voltage
must be placed at the base of all pad-mounted transformers, substations
and battery storage facilities.
[Amended 6-25-2020 by L.L. No. 2-2020]
(6)
All solar and wind energy systems shall be designed and located in
order to prevent any unabated reflective glare toward any inhabited
buildings on adjacent properties as well as adjacent roadways with
sufficient studies submitted to confirm this has been mitigated to
the extent practicable.
(7)
Lighting of the pertinent structures shall be limited to that minimally
required for safety and operational purposes, and shall be reasonably
shielded from abutting properties.
(8)
When a new driveway or road is required for access to the wind, solar
or photovoltaic systems, the surface shall be either pervious pavement
or gravel and shall be the minimum width to accommodate maintenance
as well as emergency vehicles.
(9)
All wind and solar energy system installations must be securely fenced.
Fencing may be chain-link or other suitable fence acceptable to the
Planning Board and consistent with this chapter.
(10)
All wind, solar and photovoltaic energy system installations
must be performed by a qualified installer, and, prior to operation,
the electrical connections must be inspected by the Town or other
appropriate electrical inspection agency, as determined by the Town.
In addition, any interconnection to the public utility grid must be
inspected by the appropriate public utility.
(a)
All power lines from a wind, solar or photovoltaic energy system
to onsite interconnection equipment shall be located underground and
installed by a certified professional and must meet all applicable
national, state, and local electrical codes.
(b)
The installation of any energy system shall conform to the National
Electric Code.
(c)
Wind, solar and photovoltaic energy systems that connect to
the electric utility grid shall comply with Article 7 of the New York
State Public Service Law and Section 68 if the plant is to generate
more than 80 mw of energy as required by the electric utility servicing
the property.
(d)
Systems shall be installed by a qualified installer as listed
on the NYSERDA Approved Installers list with a North American Board
of Certified Energy Practitioners (NABCEP) certified installer.
(11)
When batteries are included as part of the wind, solar or photovoltaic energy system, the batteries require a charge controller and must be placed in a secure container or enclosure meeting the requirements of the New York State Uniform Fire Prevention Code (as modified from time to time) when in use, and, when no longer used, the batteries shall be disposed of in accordance with the laws and regulations of Orange County and other applicable laws and regulations. For batteries permitted under this section, the energy system shall be connected to the energy grid in lieu of stand-alone systems relying upon batteries to store excess power, unless practically infeasible. See § 97-55.1.
[Amended 7-22-2021 by L.L. No. 2-2021]
(12)
Landscaped vegetative screening shall be required, as well as
fencing as may be determined appropriate by the Planning Board, between
any ground-mounted solar collectors or any ground-mounted equipment
for any energy system and adjacent properties and streets in accordance
with the following:
(a)
The overall purpose of the landscaped screening is to obscure
or substantially buffer the view of the solar energy system year-round.
(b)
The landscaped screening shall be comprised of a minimum of
one evergreen tree, at least six feet high at time of planting, plus
two supplemental shrubs, all planted within each 10 linear feet of
the area to be screened or such other equivalent and appropriate landscape
solution as is acceptable to the Planning Board.
(c)
Existing vegetation may be used to satisfy all or a portion
of the required landscaped screening.
(d)
All fencing greater than four feet in height shall be located 80 feet from all property lines. Fencing shall provide security protection for the facility and may also provide screening of the facility for visual protection of neighboring properties. Fencing shall satisfy all NEC requirements as needed and may be a maximum of eight feet in height, unless otherwise required by the NEC. [See § 97-55F(9).]
[Amended 6-25-2020 by L.L. No. 2-2020]
(13)
If a wind or solar energy system ceases to perform its originally
intended function for more than 12 consecutive months or construction
is not completed within 18 months of final site plan approval, the
property owner shall remove the tower, collector, mount and/or associated
equipment and facilities by no later than 90 calendar days after the
end of the period noted and shall restore the property to its original
condition unless he can show to the satisfaction of the Building Inspector
good cause as to why this time should be extended and then only to
a maximum extension of an additional 45 calendar days. To secure such
removal, the developer shall post a decommissioning cash bond with
the Town in an amount to be established by the Town Board upon recommendation
from the Town Engineer. The cash bond amount will equal 150% the decommissioning
and reclamation costs for the entire system. This shall include the
removal of footings; however, such removal shall be at the discretion
of the Town Engineer should the site's erosion control be better serviced
by leaving the footings in place. The bond must remain valid until
the decommissioning obligations have been met and, therefore, must
be renewed or replaced if/when needed and account for any changes
in the total decommissioning cost. Bonds shall be reviewed for such
revisions every five years. When required, solar projects are to be
decommissioned in the most environmentally friendly way practicable.
At the end of their life cycle (25 to 40 years), at such time as required
under this Code or as determined by the owner or operator of the facility,
decommissioning is expected to follow the following general requirements:
(a)
Remove all non-utility-owned equipment, conduits, structures,
and foundations to a depth of at least three feet below grade.
(b)
Remove all fencing, unless the owner of property requests in
writing it to stay in place and it is not a hazard.
(c)
Restore the land to the condition which existed before construction,
including an adequate layer of topsoil where existing topsoil has
been removed or eroded.
(d)
Disposal or recycle of all materials in an environmentally responsible
manner.
(e)
As an alternative form of surety to ensure compliance with this
section for solar energy systems, the Town may require a decommissioning
bond or other security in lieu of a decommissioning cash bond upon
circumstances deemed appropriate by the Town Board, including but
not limited to, a solar energy system constructed on an existing (on
the effective date of this subsection) commercial rooftop, existing
(on the effective date of this subsection) parking structure, brownfield,
superfund site, contaminated site, or solid waste landfill. In such
cases, the posted decommissioning bond shall equal 150% of the estimated
decommissioning costs and reclamation costs for the entire solar array
system.
[Added 6-22-2023 by L.L. No. 1-2023]
[1]
In a case where the Town requires a decommissioning bond in lieu of a cash bond and the solar energy system is proposed on a solid waste landfill or formally contaminated site, removal of subsurface materials will not be required as part of decommissioning costs and reclamation costs as to not adversely affect any land and soil remediated as part of the construction of the solar energy system, Subsection F(13)(a) and (c) of this section notwithstanding.
(14)
Where site plan approval is required (see § 97-55G), the site plan review shall include review of the adequacy, location, arrangement, size, design, and general site compatibility of the proposed wind or solar energy systems and its components. Site plan applications and zoning permits for a wind, solar or photovoltaic energy system shall include information demonstrating its efficiency and its compliance with the provisions of this section.
(15)
The operations and maintenance manual from the manufacturer shall be followed, which shall include provisions for replacement or removal of damaged or faulty sections in a timely manner. A copy of the manual shall be provided to the Building Department and Fire Department when the applicant requests a building permit be issued. Failure to abide by the manufacturer's recommendations in a timely manner and, in no case greater than 90 days, or gross operational deficiencies shall be subject to system removal as outlined in Subsection F(13) above.
(16)
The property owner shall be responsible for the cleanup of damaged solar or wind equipment in the event of wind, fire, or other naturally occurring environmental phenomena or vandalism of any kind. Procedures for cleanup of these systems shall be clearly identified in the operations and maintenance manual outlined in Subsection F(15) above.
(17)
Additional requirements specific to solar energy systems:
(a)
The solar collectors shall be located so that any glare is directed
away from any adjoining property or street or is otherwise mitigated
to extent practicable. Failure to adequately mitigate glare will be
reason for rejection of an application for a building permit or site
plan approval.
(b)
Solar energy systems shall be designed to sustain wind loads
up to 110 miles per hour (mph) and snow loads of 50 pounds per square
foot (psf) unless more stringent requirements are mandated by other
regulatory agencies.
(c)
Ground areas beneath solar panels shall not be covered with
stone but shall be planted with a seed mixture of native, noninvasive
shade tolerant grasses in order to prevent soil erosion and the spread
of weeds or other invasive species and to promote biodiversity and
a natural habitat; the ground area shall be mowed on a regular basis
as may be needed. Solar panels shall not be included in any calculation
of impervious surface or impervious cover.
(d)
In order to ensure that there will be minimal disturbance and
impact to the land and to promote easy removal and rehabilitation
of the site, the preferable method of installation of the solar collectors
or panels is by removable earth screws, auger driven piers or a similar
system that does not require concrete footings or other relatively
permanent foundations. The installation shall conform to the natural
contours of the land, and no grading of any material quantity shall
be permitted for the installation of the system.
(e)
Solar energy systems shall be constructed entirely with nonhazardous
materials. Disposal of the panels will be regulated by New York State
solid waste procedures and all other applicable regulations.
(18)
Additional requirements specific to wind energy systems:
(a)
Wind energy systems shall be placed in such a manner as to minimize
visual impacts to adjacent residential zoning districts and/or existing
residential uses.
(b)
Access restrictions to the wind energy system shall be designed
as follows:
[1]
All ground-mounted electrical and control equipment shall be
labeled and secured to prevent unauthorized access.
[2]
The tower shall be designed and installed so as not to provide
permanent step bolts, ladders, or other publicly accessible means
of climbing the tower for a minimum height of 10 feet above the ground.
(c)
A wind energy system shall not be artificially lighted unless
such lighting is required by the Federal Aviation Administration or
other applicable authority.
(d)
The blades on the wind energy system shall be constructed of
a corrosion-resistant material, and the tower shall not be constructed
of aluminum.
(e)
A wind energy system shall remain painted or finished in a grey
or white color that was originally applied by the manufacturer unless
the approving authority determines that their visual impact on the
surrounding landscape will be minimized by another color or finish.
(f)
The level of noise produced by a small wind energy system shall
not exceed 55 dBa or be above the ambient noise levels prior to construction
as measured at the property boundaries of the property on which the
small wind energy system is to be located and shall comply with the
following:
(g)
No wind energy system shall be roof-mounted, except that a VAWT
system may be installed upon any portion of a roof, provided that
the total height of the system shall not extend beyond 10 feet above
the roof line and provided further that the said VAWT system shall
be set back no less than 50 feet from any property line.
(h)
All wind energy systems, except for a VAWT system permitted
to be constructed on a roof, shall be mounted on a monopole, shall
not utilize a truss frame construction, and shall not require a wired
guyed system.
(i)
All wind energy systems shall be designed with an automatic
braking system and an over-speed control to prevent over-speeding
and excessive pressure on the tower structure during periods of excessively
high winds.
(j)
There shall be a minimum ground clearance of at least 15 feet
between the finished grade and bottom of any rotor, blade or moving
part of a small wind energy system.
(k)
A list of safety measures to prevent unauthorized climbing on
the tower must be provided to the Building Inspector and Town Engineer,
and implemented.
(19)
Visual assessment.
(a)
Where applicable, the provisions of the Scenic Road Corridor Overlay District (SR) shall apply (see § 97-29).
(b)
For areas outside the SR District, a visual impact assessment
shall still be prepared and, at a minimum, shall include:
[1]
A viewshed analysis in order to determine locations where solar
or wind power and appurtenant facilities may be visible.
[2]
Graphic representations of before and after views from key viewpoints
located inside and outside of the Town, including but not limited
to state highways and other major roads, state and local parks, other
public lands, preserves and historic sites normally open to the public,
residential developments and from any other locations where the site
is visible to a large number of visitors or travelers.
[3]
Assessment of alternative designs and color schemes.
[4]
Assessment of the visual impact of the facilities from abutting
properties and streets.
[5]
Appropriate mitigations, in terms of landscaping, berms, hedges,
fences, grading and other forms of screening shall be provided as
needed to limit visual impact.
(20)
All
fence heights shall be measured from the finished grade.
[Added 6-25-2020 by L.L. No. 2-2020]
G.
Zoning permit and site plan application requirements.
(1)
For rooftop and building-mounted solar collectors as accessory uses/structures.
(a)
For all residential and nonresidential buildings, a zoning permit for a compliant rooftop or building-mounted solar energy system on a property is required from the Town Building Inspector in accordance with § 97-64 of this chapter for designated local historic sites and/or properties within designated local historic districts, § 97-63 of this chapter, and all information required by the Building Inspector to determine compliance with the provisions of this section shall be provided for the permit.
(2)
For ground-mounted and freestanding solar collectors as accessory
uses/structures.
(a)
For any accessory ground-mounted or freestanding solar energy system on a residential lot that complies with § 97-55C(2)(b)[1] of this section, and for any accessory ground-mounted or freestanding solar energy system on a nonresidential lot that complies with § 97-55C(2)(b)[2] of this section and has a total aggregate surface area less than the building footprint, if one exists, or 2,500 square feet, whichever is greater, a zoning permit is required from the Town Building Inspector in accordance with §§ 97-63 and 97-64 of this chapter. Any other information required by the Building Inspector to determine compliance with the provisions of this section shall be provided for the permit.
(b)
All accessory ground-mounted or freestanding solar energy systems on a residential lot not in compliance with § 97-55C(2)(b)[1] of this chapter, and all accessory ground-mounted or freestanding solar energy systems on a nonresidential lot not in compliance with § 97-55C(2)(b)[2] of this section and/or with a total aggregate surface area of 2,500 square feet or greater, shall be considered a "large" facility and shall require minor site plan approval in accordance with § 97-77 of this chapter, and § 97-69 of this chapter with any required variance relief. In addition to site plan approval by the Planning Board and whether or not these uses are shown on the use table, the applicant shall apply for a special permit for review and approval by a special permit issued by the Town Board, in accordance with Article IX. Upon receipt of a complete application, the Town Board shall refer such a special permit application to the Planning Board for its recommendation. If the Planning Board does not respond within 30 days of the referral, the Town Board may proceed to make its decision without such recommendations.
(3)
For small wind energy systems as accessory uses/structures. All small wind energy systems as an accessory use/structure shall require minor site plan approval in accordance with § 97-77 of this chapter. All site plan applications shall be accompanied by a plot plan survey which shall include the following information in addition to any other information required for a minor or major site plan application pursuant to this chapter:
(a)
Project description and narrative of intended use of the proposed
wind energy production facility for solar device, including any anticipated
changes in the existing topography and natural features of the parcel
to accommodate the changes. Include the name and address of the applicant
and any professional advisors. If the applicant is not the owner of
the property, provide authorization of owner for the application.
(b)
Property lines and physical dimensions of the property, as shown
on a current survey;
(c)
Location, dimension, and types of existing structures and easements
on the property;
(d)
Location, dimensions and type of the proposed wind, solar or
photovoltaic energy system, including manufacturer's specifications
and operation requirements, the model of all components, panel height
and width, ground elevation and height of the system, and setbacks
from property lines and buildings;
(e)
Orientation of the wind, solar or photovoltaic energy system;
(f)
The right-of-way line of any public or private road contiguous
with the property;
(g)
The location of any aboveground or overhead utility lines, existing
surface features and water or sewer systems;
(h)
Existing and proposed landscaping and fencing for ground-mounted
systems, including photographs of the area proposed for the energy
system;
(i)
If applicable, a statement that the proposed energy system is
either within an historic site or district or within 200 feet thereof;
(j)
For wind energy systems, verification from a qualified design
professional that the proposed location and proposed tower elevation
has sufficient wind speeds for operation of the wind energy system;
(k)
For wind energy systems, tower and tower foundation drawings
prepared and sealed by a licensed engineer in the State of New York;
(l)
For wind energy systems, noise levels of the proposed wind energy
system at all property lines;
(m)
For any major site plan, a visual sight distance analysis must
be submitted, including photos of the subject property that graphically
simulate the appearance of any proposed energy system from at least
five locations around and within one mile of the proposed tower(s)
or solar array;
(n)
A legible electrical diagram using unique line characteristics
and standard symbols to clearly describe the wind energy system or
solar device, as it will be installed. The diagram must show all major
system components from the wind turbine or solar device to the utility
meter;
(4)
Upon completion of any wind or solar energy system, a certified letter
from a professional engineer will be required to be submitted by the
applicant to the Building Department stating that the structure was
constructed in accordance with the approved drawings.
(5)
For large wind or solar energy installations, an agreement with a
utility for interconnection of the completed facility must be established
and clearly documented within the site plan and special permit review.
(6)
A decommissioning plan must be submitted by the wind or solar developer as part of the site plan and special permit applications. Although the agreement between the property owner ("owner") and the company ("company") installing and operating the system may assign the decommissioning responsibilities to the company, the responsible party for the purposes of this code [see § 97-55F(16)] shall be the property owner unless specifically stated otherwise. The decommissioning plan shall identify the anticipated life of the project, method and process for removing all components of the solar energy system and returning the site to its preexisting condition. It shall include an estimate of decommissioning costs. The decommissioning plan shall be initiated within the time frames provided in § 97-55F(13) of this code unless a petition is filed with the Town Board prior to the expiration of the periods defined in § 97-55F(13) for an extension. Such a request shall demonstrate specific and unique conditions related to the installation to the Town Board who shall have the authority to extend the time for initiating the decommissioning for up to two additional six-month periods within their sole discretion [see § 97-55F(13)].
(7)
Waivers. The Planning Board may waive any of the provisions of this
section if it is demonstrated by the applicant that under the facts
and circumstances the submission of such documentation would cause
unnecessary and undue hardship and the modification could be accomplished
without significant environmental harm. Where the modification is
from a numerical standard (i.e., height of 10 feet, setback of 75
feet, twenty-acre lot, etc.) the Planning Board may grant relief up
to a twenty-percent increase based on the criteria noted above from
the standards specified herein. Further relief will require action
by the ZBA.
[Added 7-22-2021 by L.L. No. 2-2021]
A.
ANSI
BATTERY ENERGY STORAGE MANAGEMENT SYSTEM
BATTERY ENERGY STORAGE SYSTEM
(1)
(2)
BATTERY(IES)
CELL
COMMISSIONING
DEDICATED-USE STRUCTURE
(1)
(2)
(3)
(4)
(a)
(b)
ENERGY CODE
ENERGY STORAGE MANAGEMENT SYSTEM
FIRE CODE
GAS DETECTION SYSTEM
NATIONALLY RECOGNIZED TESTING LABORATORY (NRTL)
NEC
NFPA
NON-DEDICATED-USE STRUCTURE
NONPARTICIPATING PROPERTY
NONPARTICIPATING RESIDENCE
OCCUPIED COMMUNITY BUILDING
PARTICIPATING PROPERTY
PREPACKAGED STATIONARY STORAGE BATTERY SYSTEM
UL
UNIFORM CODE
WALK-IN ENERGY STORAGE SYSTEM UNIT
Definitions. As used in this § 97-55.1, the following terms shall have the meanings indicated:
American National Standards Institute.
An electronic system that protects battery energy storage
systems from operating outside their safe operating parameters and
disconnects electrical power to the energy storage system or places
it in a safe condition if potentially hazardous temperatures or other
dangerous, hazardous, illegal or manufacturer's nonconforming conditions
are detected.
One or more devices, assembled together, capable of storing
energy in order to supply electrical energy at a future time, not
to include a stand-alone twelve-volt car battery or an electric motor
vehicle. A battery energy storage system is classified as a Tier 1
or Tier 2 battery energy storage system as follows:
Tier 1 battery energy storage systems have an aggregate energy
capacity less than or equal to 600kwh and, if in a room or enclosed
area, consist of only a single energy storage system technology. These
systems shall be accessory uses to the principal property use unless
they are the only use on the property.
Tier 2 battery energy storage systems have an aggregate energy
capacity greater than 600kwh or are comprised of more than one storage
battery technology in a room or enclosed area. These systems shall
be a principal use allowed with site plan special permit in the overlay
zone.
A single cell or a group of cells connected together electrically
in series, in parallel, or a combination of both, which can charge,
discharge, and store energy electrochemically. For the purposes of
this section, batteries utilized in consumer products are excluded
from these requirements.
The basic electrochemical unit, characterized by an anode
and a cathode, used to receive, store, and deliver electrical energy.
A systematic process that provides documented confirmation
that a battery energy storage system is installed and functions according
to the intended design criteria and complies with applicable code
requirements.
A structure that is built for the primary intention of housing
battery energy storage system equipment, is classified as Group F-1
occupancy as defined in the International Building Code, and complies
with the following:
The structure's only use is battery energy storage, and other
electrical grid-related operations.
No other occupancy types are permitted in the structure.
Occupants in the rooms and areas containing battery energy storage
systems are limited to personnel that construct, operate, commission,
decommission, maintain, service, test, replace, upgrade, remove and
repair the battery energy storage system.
Administrative and support personnel are permitted in areas
within the structures that do not contain any battery energy storage
system, provided the following:
The areas do not occupy more than 10% of the building area of
the story in which they are located.
A means of egress is provided from the administrative and support
use areas to the public way that does not require occupants to traverse
through areas containing battery energy storage systems or other energy
system equipment.
The New York State Energy Conservation Construction Code
adopted pursuant to Article 11 of the Energy Law, as currently in
effect and as hereafter amended from time to time.
Electronic system that protects energy storage systems from
operating outside of their safe operating parameters and disconnects
electrical power to the energy storage system or places it in a safe
condition of potentially hazardous temperatures or other conditions
are detected.
The fire code section of the New York State Uniform Fire
Prevention and Building Code adopted pursuant to Article 18 of the
Executive Law, as currently in effect and as hereafter amended from
time to time.
Emergency power shall be provided for gas detection systems.
A U.S. Department of Labor designation recognizing a private
sector organization to perform certification for certain products
to ensure that they meet the requirements of both the construction
and general industry OSHA electrical standards.
National Electric Code.
National Fire Protection Association.
All structures that contain a battery energy storage system
and do not comply with the dedicated-use structure requirements.
Any property that is not a participating property.
Any residence located on nonparticipating property.
Any building in Occupancy Group A, B, E, I, R, as defined
in the International Building Code, including but not limited to schools,
colleges, daycare facilities, hospitals, correctional facilities,
public libraries, theaters, stadiums, apartments, hotels, and houses
of worship.
A battery energy storage system host property or any real
property that is the subject of an agreement that provides for the
payment of monetary compensation to the landowner from the battery
energy storage system owner (or affiliate) regardless of whether any
part of a battery energy storage system is constructed on the property.
An energy storage system consisting of batteries, battery
management system, components and modules that are assembled in a
factory and shipped as a complete unit for installation on the job
site.
Underwriters Laboratory, an accredited standards developer
in the U.S.
The New York State Uniform Fire Prevention and Building Code
adopted pursuant to Article 18 of the Executive Law, as currently
in effect and as hereafter amended from time to time.
A prefabricated building or structure that contains energy
storage systems. It includes doors that provide walk-in access for
personnel to maintain, test and service the equipment, and is typically
used in outdoor and mobile energy storage system applications.
B.
Applicability.
(1)
The requirements of this section shall apply to all battery
energy storage systems permitted, installed, or modified in the Town,
excluding general maintenance and repair.
(2)
Modifications to, retrofits or replacements of an existing battery
energy storage system that increase the total battery energy storage
system designed discharge duration or power rating shall require the
complete facility be subject to this section.
(3)
A battery energy storage system is not a public utility use
under the Town Code.
C.
General requirements.
(1)
A building permit and battery energy storage system permit shall
be required for construction, operation, commissioning, decommissioning,
repair, replacement, upgrade, and removal of of all battery energy
storage systems.
(2)
Issuance of permits and approvals by the Planning Board shall
include review pursuant to the State Environmental Quality Review
Act [ECL Article 8 and its implementing regulations at 6 NYCRR Part
617 ("SEQRA")].
(3)
All battery energy storage systems, all dedicated use structures,
and all other buildings or structures that:
(a)
Contain or are otherwise associated with a battery energy storage
system; and
(b)
Subject to the Uniform Code, Fire Code and/or the Energy Code,
shall be designed, erected, and installed in accordance with all applicable
provisions of the Uniform Code, Fire Code and Energy Code, and all
applicable provisions of the codes, regulations, and industry standards
as referenced in the Uniform Code, the Energy Code, and the Town Code.
D.
Permitting requirements for Tier 1 battery energy storage systems. Tier 1 battery energy storage systems shall be permitted in all zoning districts, subject to the Uniform Code, the battery energy storage system permit, and the provisions of this § 97-55.1.
E.
Permitting requirements for Tier 1 and Tier 2 battery energy storage
systems.
(1)
Notwithstanding anything to the contrary in this chapter, the
development of Tier 2 battery energy storage systems are permitted
in the Battery Energy Storage Overlay District, and shall be considered
a principal use subject to issuance of a major site plan issued by
the Planning Board and a special use permit issued by the Town Board.
(2)
Utility lines and electrical circuitry. All on-site power lines
shall be placed underground unless otherwise required by the serving
utility, with the exception of the main service connection within
the right-of-way and any new interconnection equipment, including,
without limitation, any poles required by the utility company.
(3)
Signage.
(a)
The signage shall be in compliance with ANSI Z535 and NFPA 70,
both as modified from time to time, and shall include the type of
technology associated with the battery energy storage systems, any
special hazards associated, the type of suppression system installed
in the area of battery energy storage systems, twenty-four-hour emergency
contact information, including reach-back phone number and any other
reasonable requirements of the Town and County emergency service organizations.
(b)
As required by the NEC, or any other agency or authority, including
the Planning Board and the Town Board, disconnect and other emergency
shutoff information shall be clearly displayed on a light reflective
surface. A clearly visible warning sign concerning voltage shall be
placed at the base of all pad-mounted transformers and substations.
(4)
Lighting. Lighting of the battery energy storage systems shall
be limited to that minimally required for safety and operational purposes
and shall be shielded and downcast from abutting properties.
(5)
Vegetation and tree cutting. Areas within 10 feet on each side of all components of a battery energy storage system shall be cleared of vegetation and other combustible materials. Single specimens of trees, shrubbery, or cultivated ground cover such as green grass, ivy, succulents, or similar plants used as ground covers shall be permitted to be exempt, provided that they are maintained (e.g., pruned, trimmed, etc.) such that they do not form a means of readily transmitting fire. Removal of trees should be minimized to the extent possible. Site plan consideration shall include review of requirements under § 97-55F(2)(a) for identifying trees for removal; § 97-55F(2)(b), consideration of replacement of trees; § 97-55F(2)(c), prohibition of tree cutting in certain areas; and § 97-55F(2)(d), with consideration for use of previously cleared areas and limits on percentage of clearing.
(6)
Noise. The noise generated from the battery energy storage systems, components, and associated ancillary equipment shall comply with the Noise Law (Chapter 70, as modified from time to time). Applicants shall submit equipment and component manufacturers noise ratings and calculations to demonstrate compliance. The applicant may be required to provide operating sound pressure level measurements from a reasonable number of sampled locations at the perimeter of the battery energy storage system structure to demonstrate compliance with this standard.
(7)
Decommissioning.
(a)
Decommissioning plan. The applicant shall submit a decommissioning
plan, developed in accordance with the Uniform Code, to be implemented
upon abandonment and/or in conjunction with removal from the facility.
The decommissioning plan shall include:
[1]
A narrative description of the activities to be accomplished,
including who will perform that activity and at what point in time,
for complete physical removal of all battery energy storage system
components, structures, equipment, security barriers, and transmission
lines from the site;
[2]
Disposal of all solid and hazardous waste in accordance with
local, state, and federal waste disposal regulations;
[3]
The anticipated life of the battery energy storage system;
[4]
The estimated decommissioning costs and how said estimate was
determined;
[5]
The method of ensuring that funds will be available for decommissioning
and restoration;
[6]
The method by which the decommissioning cost will be kept current;
[7]
The manner in which the site will be restored, including a description
of how any changes to the surrounding areas and other systems adjacent
to the battery energy storage system, such as, but not limited to,
structural elements, building penetrations, means of egress, and required
fire detection suppression systems, will be protected during decommissioning
and confirmed as being acceptable by the Planning Board or its designated
consultant(s) after the system is removed; and
[8]
A listing of any contingencies for removing an intact operational
energy storage system from service, and for removing an energy storage
system from service that has been damaged by a fire or other event.
(b)
Decommissioning fund.
[1]
The owner and/or operator of the energy storage system shall
continuously maintain a fund or bond payable to the Town of Goshen,
in a form approved by the Town Board with advice from Counsel for
the removal of the battery energy storage system, in an amount to
be determined by the Town Board with advice from the Town Engineer,
for the period of the life of the facility. All costs of the financial
security shall be borne by the applicant.
[2]
If an energy storage system ceases to perform its originally
intended function for more than 12 consecutive months or construction
is not completed within 18 months of final site plan approval, the
property owner shall remove the building, collector, mount and/or
associated equipment and facilities by no later than 90 calendar days
after the end of the period noted and shall restore the property to
its original condition unless he can show to the satisfaction of the
Building Inspector good cause as to why this time should be extended
and then only to a maximum extension of an additional 45 calendar
days. To secure such removal, the developer shall post a decommissioning
cash bond with the Town in an amount to be established by the Town
Board upon recommendation from the Town Engineer. The cash bond amount
will equal 150% the decommissioning and reclamation costs for the
entire system. The bond must remain valid until the decommissioning
obligations have been met and, therefore, must be renewed or replaced
if/when needed and account for any changes in the total decommissioning
cost. Bonds shall be reviewed for such revisions every five years.
When required, energy storage systems are to be decommissioned in
the most environmentally friendly way practicable.
(c)
Right of entry. The owner shall provide a right of entry satisfactory
to the Town Attorney to authorize the Town's right but not its obligation
to enter upon the property to decommission the facility should the
Town find it abandoned as defined herein and the owner fails to complete
the required decommissioning. This is in addition to any public health
and safety laws authorizing necessary action by the Town to protect
the public health, safety and welfare.
(8)
Site plan application. In addition to the required submissions for special permit applications (§ 97-71), any application for a battery energy storage system shall include (unless otherwise determined to be unnecessary by the Planning Board), but not be limited to, the following information:
(a)
Environmentally sensitive lands. The installation of any battery
storage energy system, including any accessory equipment, shall be
outside any land area exhibiting sensitive environmental characteristics
such as fresh water wetlands, 100-year flood hazard areas, severe
topography (slopes more than 15%), stream corridors, Department of
Environmental Conservation (DEC) wetland buffers, habitats for endangered,
rare, or threatened species, historic and/or culturally significant
areas. Systems, including any accessory equipment, shall not be within
any conservation easement or conservation deed restricted area. Systems,
including any accessory equipment, that are proximate to airfields
shall be demonstrated to be in compliance with all regulatory requirements
of such airfield operations including those related to agricultural
operations. Potential developers of battery storage systems should
be aware of agricultural operations in the area and potential issues
on their intended operations from dust from soil cultivation, trucking,
crop dusting and other agricultural operations.
(b)
SWPPP compliance. Site plans shall be subject to review under the provisions of Chapter 80C of the Town Code.
(c)
A one-line electrical diagram detailing the battery energy storage
system layout, associated components, and electrical interconnection
methods, with all National Electrical Code compliant disconnects and
over current devices.
(d)
A preliminary equipment specification sheet that documents the
proposed battery energy storage system components, inverters and associated
electrical equipment that are to be installed. A final equipment specification
sheet shall be submitted prior to the issuance of a building permit.
(e)
Name, address, and contact information of proposed or potential
system installer and the owner and/or operator of the battery energy
storage system. Such information of the final system installer shall
be submitted prior to the issuance of building permit, and shall be
immediately updated and provided to the Town if there shall be any
change to the information.
(f)
Commissioning plan. Such plan shall document and verify that
the system and its associated controls and safety systems are in proper
working condition per requirements set forth in the Uniform Code and
Town Code. Where commissioning is required by the Uniform Code, battery
energy storage system commissioning shall be conducted by a New York
State (NYS) licensed professional engineer after the installation
is complete but prior to final inspection and approval. A corrective
action plan shall be developed for any open or continuing issues that
are allowed to be continued after commissioning. A report describing
the results of the system commissioning and including the results
of the initial acceptance testing required in the Uniform Code shall
be provided to the Code Enforcement Officer prior to final inspection
and approval and maintained at an approved on-site location.
(g)
Fire safety compliance plan. Such plan shall document and verify
that the system and its associated controls and safety systems are
in compliance with the Uniform Code. Per- and polyfluoroalkyl substances
(PFAS) shall not be used in fire prevention.
(h)
Operation and maintenance manual. Such plan shall describe continuing
battery energy storage system maintenance and real property upkeep,
as well as design, construction, installation, testing and commissioning
information and shall meet all requirements set forth in the Uniform
Code.
(i)
Erosion and sediment control and storm water management plans
prepared to New York State Department of Environmental Conservation
standards, if applicable, and to such standards as may be established
under the Town Code and by the Planning Board.
(j)
Emergency operations plan. A copy of the approved emergency
operations plan shall be given to the system owner/operator, the local
fire department, and local fire code official. A permanent copy shall
also be placed in an approved location to be accessible to facility
personnel, fire code officials, and emergency responders. The emergency
operations plan shall include the following information:
[1]
Procedures for safe shutdown, de-energizing, and isolation of
equipment and systems under emergency conditions to reduce the risk
of fire, electric shock, and personal injuries, and for safe start-up
following cessation of emergency conditions.
[2]
Procedures for inspection and testing of associated alarms,
interlocks, and controls.
[3]
Procedures to be followed in response to notifications from
the battery energy storage management system, when provided, that
could signify potentially dangerous conditions, including shutting
down equipment, summoning service and repair personnel, and providing
agreed upon notification to fire department personnel for potentially
hazardous conditions in the event of a system failure.
[4]
Emergency procedures to be followed in case of fire, explosion,
release of liquids or vapors, damage to critical moving parts, or
other potentially dangerous conditions. Procedures shall include sounding
the alarm, notifying the fire department, evacuating personnel, de-energizing
equipment, and controlling and extinguishing the fire.
[5]
Response considerations similar to a safety data sheet (SDS)
that will address response safety concerns and extinguishment when
an SDS is not required.
[6]
Procedures for dealing with battery energy storage system equipment
damaged in a fire or other emergency event, including maintaining
contact information for personnel qualified to safely remove damaged
battery energy storage system equipment from the facility.
[7]
Other procedures as determined necessary by the Town to provide
for the safety of occupants, the real property, neighboring properties,
and emergency responders.
[8]
Procedures and schedules for conducting drills of these procedures
and for training local first responders on the contents of the plan
and appropriate response procedures.
(9)
Special use permit standards.
(a)
Dimensional regulations. Tier 1 and 2 battery energy storage
systems shall comply with the setback requirements of the underlying
zoning district for principal structures.
(b)
Height. Battery energy storage systems shall be limited to 15
feet in height. Stacking of units shall be prohibited.
(c)
Fencing requirements. Battery energy storage systems, including all mechanical equipment, shall be enclosed by a fence meeting the requirements of § 97-55F(12)(d) with maximum height of seven feet unless otherwise required by the National Electric Code (NEC) with a self-locking gate to prevent unauthorized access unless housed in a dedicated-use structure and not interfering with ventilation or exhaust ports.
(d)
Screening and visibility. Battery energy storage systems shall
have views minimized from adjacent properties to the extent reasonably
practicable using architectural features, earth berms, landscaping,
or other screening methods that will harmonize with the character
of the property and surrounding area and not interfering with ventilation
or exhaust ports.
(e)
Battery energy storage systems shall provide a 100-foot setback
with a wooded buffer if the property abuts a residential district.
(f)
All walk-in energy storage systems shall be required to have
a fire suppression system.
(10)
Ownership changes. If the owner of the battery energy storage
system changes or the owner of the property changes, the special use
permit shall remain in effect, provided that the successor owner or
operator assumes in writing all of the obligations of the special
use permit, site plan approval, and decommissioning plan. A new owner
or operator of the battery energy storage system shall notify the
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 battery energy
storage system will be automatically void if a new owner or operator
fails to provide written notification to the Code Enforcement Officer
in the required timeframe. Reinstatement of a void special use permit
will be subject to the same review and approval processes for new
applications under this section.
F.
Safety.
(1)
System certification. Battery energy storage systems and equipment
shall be listed by a nationally recognized testing laboratory to UL
9540 (Standard for Battery Energy Storage Systems and Equipment) with
subcomponents meeting each of the following standards as applicable:
(a)
UL 1973 (Standard for Batteries for Use in Stationary, Vehicle
Auxiliary Power, and Light Electric Rail Applications).
(b)
UL 1642 (Standard for Lithium Batteries).
(c)
UL 1741 or UL 62109 (Inverters and Power Converters).
(d)
Certified under the applicable electrical, building, and fire
prevention codes as required.
(e)
Alternatively, field evaluation by an approved testing laboratory
for compliance with UL 9540 and applicable codes, regulations and
safety standards may be used to meet system certification requirements.
(2)
Site access. Battery energy storage systems shall be maintained
in good working order and in accordance with manufacturer and industry
standards, and in accordance with all applicable laws, rules, regulations,
codes, and orders. Site access shall be provided by a minimum fifteen-foot
roadway with turnarounds as needed providing adequate access for aerial
apparatus which shall be maintained, including snow removal at a level
acceptable to the Planning Board.
(3)
Battery energy storage systems, components, and associated ancillary
equipment shall have required working space clearances, and electrical
circuitry shall be within weatherproof enclosures marked with the
environmental rating suitable for the type of exposure in compliance
with NFPA 70.
(4)
Site inspection certification. At least once every two years,
the operator of a facility shall have the site inspected by a qualified
New York State licensed professional, make all required repairs and
submit a report of the findings, corrective action taken and attesting
to the satisfactory condition after repair as needed to the Code Enforcement
Officer.
G.
Permit time frame and abandonment.
(2)
The battery energy storage system shall be considered abandoned
when it ceases to operate consistently for more than one year. If
the owner and/or operator fails to comply with decommissioning upon
any abandonment, the Town may, at its discretion, enter the property
and utilize the available bond and/or security for the removal of
a Tier 1 or Tier 2, or both, battery energy storage system and restoration
of the site in accordance with the decommissioning plan.
H.
Enforcement. Any violation of this battery energy storage system
law shall be subject to the same enforcement requirements, including
the civil and criminal penalties, provided for in the zoning or land
use regulations of Town.
The Town of Goshen finds that adult entertainment businesses, as defined in Article XII, may have negative secondary impacts upon the neighborhood and surrounding area where they are located. Such impacts have been identified in numerous studies and include physical deterioration, disinvestment, and increased crime. Adult uses shall be allowed by special permit in the I District only. In addition to all applicable special permit and site plan criteria in Article IX, such uses shall satisfy the following additional standards:
A.
No adult use shall be located within 1,000 feet of
any single-family, two-family, or multifamily residence, or of any
school, day-care center, library, religious institution, park or other
public recreation area, or recreational business.
B.
No adult use shall be located within 1,000 feet of
any other adult use.
C.
No more than one freestanding sign, not exceeding 12 square feet, shall be permitted for an adult use in a location visible from a public street. Such sign shall be limited to the name and address of the business. One wall-mounted sign, not exceeding 12 square feet, shall be permitted on the building, provided that it complies with Subsection D.
D.
Adult uses shall be set back at least 200 feet from
all public rights-of-way and shall be screened from view by a buffer
at least 50 feet wide consisting of trees and shrubs.
[Amended 11-22-2004 by L.L. No. 7-2004]
The following regulations shall apply to the
maintenance of animals on land in any district. Subsections A through
C shall not apply to farm operations on land which is within an agricultural
district as defined in Article 25-AA of the New York State Agriculture
and Markets Law, adopted by the county and certified by the state.
A.
In the absence of a special permit as provided below,
the keeping of horses, ponies, donkeys, or other equines shall require
at least one acre of unconstrained land per animal on a parcel with
at least three acres of unconstrained land. In the absence of a special
permit as provided below, the keeping of large animals other than
equines, such as cattle, goats, pigs, llamas, sheep, and ratites,
shall require at least one acre of unconstrained land per animal on
a parcel with at least five acres of unconstrained land. Buildings,
pens or other structures housing such animals shall be located at
least 100 feet from any lot line and any road or highway.
B.
The keeping of small animals, such as mink, rabbits,
birds, snakes, geese, ducks, chickens, monkeys, dogs, cats, etc.,
in a total number greater than six on one lot of less than two acres
shall require a special permit as provided below. Buildings, pens,
or other structures housing small animals shall be located at least
50 feet from any lot line and any road or highway. Roosters shall
be kept in such a manner that they do not disturb neighboring properties
located within 200 feet of a property line.
C.
The Planning Board may issue a special permit for
keeping of animals in greater number than the maximum set forth above,
provided that the applicant meets all conditions and satisfies applicable
special permit criteria, and in addition that the Planning Board finds:
D.
No manure may be stored or spread within 100 feet
of any property boundary line or watercourse.
E.
For commercial dog or veterinary kennels, no kennel,
runway, or exercise pen shall be located within 150 feet of any lot
line or street line.
A.
Limitations on solid waste management facilities. Solid waste management facilities, as defined in Environmental Conservation Law § 27-0701 and 6 NYCRR 360-1.2(b)(158), shall be prohibited in the Town of Goshen, except for composting facilities as defined in this chapter (see Subsection C below).
B.
Standards and enforcement. All industrial uses shall
satisfy the following requirements. Nonconforming solid waste management
facilities shall comply with these standards to the extent practicable.
(1)
All operations, including loading and unloading, shall
occur within fully enclosed buildings with an impermeable floor system.
Any leachate shall be collected in an impermeable collection system
and hauled off site for disposal as required by applicable laws. There
shall be no outdoor storage of hazardous materials or of materials
regulated under 6 NYCRR 360 in a manner that could allow them to become
airborne, leach into the ground, or flow into any watercourse.
(2)
No materials shall be disposed of into the ground,
air, or into any watercourse, except pursuant to applicable permits
and approvals issued by state and county health and environmental
agencies.
(3)
Procedures shall be in place to inspect all materials
upon arrival at the facility to ensure that they are appropriate to
the permitted operation and to ensure that deliveries of materials
that cannot be safely handled and processed at the facility are not
accepted.
(4)
The operation shall comply with all applicable provisions of this chapter, including the environmental performance standards in § 97-50.
(5)
The applicant may be required to furnish an irrevocable letter of credit, certified check, bond, or other form of security guaranteeing to the Town of Goshen compliance with the standards in this Subsection B as well as any other standards, requirements, or conditions of any permit issued by federal, state, county, or local government agencies. The amount of such performance guaranty shall be based upon the potential cost of remediation in case of a violation.
C.
Requirements for composting facilities. Composting facilities shall comply with the requirements in Subsection B above, except that they shall not be required to be contained wholly within an enclosed building. They shall be designed and constructed in a manner that does not allow leachate to run off the site or infiltrate groundwater. Appropriate odor controls shall be installed to protect against offensive off-site odors. Composting facilities shall be located at least 1,000 feet from any residence not owned or leased by the owner or operator of the composting facility. A composting facility in the RU District shall be located only on a farm operation, and not more than 30% of the material composted may originate from off of the farm operation.
A.
Junkyards. Junkyards, as defined in Article XII, and any activities licensed under § 80B-20 of the Goshen Town Code shall be prohibited except within the I District. Junkyards shall be screened from public view and from adjoining properties and shall also be subject to the standards contained in Subsection B.
B.
Outdoor storage.
(1)
Outdoor storage areas shall be screened from public
view and from adjoining properties.
(2)
Boats, trailers, and seasonal or other recreational vehicles may be stored, maintained, or parked only in side or rear yards. Construction equipment and other heavy equipment may not be stored, maintained, or parked in any location visible from adjoining properties or public roads, except for purposes of loading and unloading. The restrictions of this Subsection B(2) shall not apply in the I, HC, and CO Districts, except within 100 feet of the RU District boundary.
(3)
No motor vehicle of any kind for which registration
would be required for its use on public highways may be stored, maintained,
or parked on any lot in a residential district longer than five days
while such vehicle is not so registered, unless such vehicle is maintained
or stored in an enclosed structure. The deposit or storage on a lot,
vacant or improved, of more than one motor vehicle, unlicensed and
no longer in condition for legal use on the public highway, for more
than two weeks in any residential district, or more than two such
motor vehicles for more than two weeks in any nonresidential district,
shall be deemed a "junkyard."
(4)
Unless authorized by a special permit or site plan
approved in connection with a business use, no commercial vehicle
exceeding 10,000 pounds' gross vehicle weight or 20 feet in box length
shall be parked overnight in a residential district where it is visible
from adjoining properties or public roads. This shall not apply to
trucks used in connection with commercial agriculture, provided that
parked trucks are set back at least 100 feet from all property lines.
In addition to generally applicable special
permit and site plan review requirements, the applicant shall comply
with the following:
A.
Supervision. Every residential care facility shall
provide qualified supervisory personnel on the premises 24 hours a
day, seven days a week. Such personnel shall have sufficient education
and experience and shall be present in sufficient numbers to meet
all standards of any agency responsible for the licensing or regulation
of the residential care facility. Where no standards exist, the applicant
shall present evidence establishing the minimum qualifications and
number of personnel necessary for the operation of the residential
care facility, and the Planning Board shall specifically establish
minimum standards.
B.
Other required approvals. An applicant for a residential
care facility shall demonstrate compliance with all applicable regulations,
standards, and licensing requirements of public or private agencies.
C.
Required information for application. An application for a special permit for a residential care facility shall satisfy the submission requirements of Article IX and shall also include the following:
(1)
A list of all agencies which must license or otherwise
approve the establishment of operation of the facility.
(2)
A list of regulations established by the public or private agencies listed in Subsection C (1) above.
(3)
Copies of applications submitted to the agencies.
(4)
A written statement explaining the status of such
applications stating any facts known to the applicant which might
result in the denial or delay of any required approval.
(5)
A written statement addressing the requirements of Subsection A and demonstrating that the facility will comply with applicable regulations of licensing agencies and state law relating to minimum required floor area, bathroom facilities, and open space.
(6)
A map identifying the location of all other residential
care facilities in the Town of Goshen at the time of the special permit
application.
D.
Findings. In making its determination upon a special permit for a residential care facility, the Planning Board shall, in addition to making the findings required by § 97-73, make the following specific findings:
(1)
That the proposed facility, given its unique nature,
will not have a substantial or undue adverse effect upon adjacent
property, the character of the neighborhood, parking, utility facilities,
and other matters affecting public health, safety, and general welfare.
(2)
That the proposed facility will be provided with or
have ready access to facilities and services necessary and appropriate
to the needs of its residents for active and passive recreation, medical
care, education, cultural and religious activities, and public transportation.
(3)
That the proposed facility will not generate a level
of traffic which would be burdensome to the neighborhood, considering
the number of visitors its residents may expect, truck delivery and
loading requirements, and the availability and nature of public or
private transportation.
(4)
That the proposed facility will not result in an undue
concentration of residential care facilities in the Town of Goshen
or in the neighborhood of the proposed facility.
(5)
That the decision made by the Planning Board represents
a reasonable accommodation to the needs of persons protected under
the Federal Fair Housing Act, if applicable.
Railroad, public utility, radio and television
transmission antennas, rights-of-way and structures necessary to serve
areas within the Town shall be subject to such conditions as the Planning
Board may impose in order to protect and promote the health and safety
and general welfare of the community and the character of the neighborhood
in which the proposed structure is to be constructed. All telephone,
electric distribution lines and transmission lines of 138 kilovolts
and less shall be placed underground.
See Article XIII of this chapter.
