Town of Goshen, NY Article VII Supplementary Regulations

§ 97-40 Supplementary dimensional regulations.

[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.

(3) For watercourse setbacks, see § 97-26D.

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:

(a) Steps and stairs: four feet into required side or rear setback area.

(b) Awnings or movable canopies: six feet into any required setback area.

(c) Cornices, eaves, and other similar architectural features: three feet into any required setback area.

(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.

(3) This Subsection D shall not be construed to permit any structure that is not allowed elsewhere in this chapter.

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.

§ 97-41 Rural siting principles.

[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.

§ 97-42 (Reserved) [1]

[1] Editor's Note: Former § 97-42, Erosion and sediment control, as amended, was repealed 1-12-2017 by L.L. No. 2-2017. For current provisions, see Ch. 80C.

§ 97-43 Sanitary sewage disposal and water supply. [1]

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.)

[1] Editor's Note: See also Ch. 79, Sewers; and the following water-related chapters: Ch. 93, Water; Ch. 95, Wells; and Ch. 96, Cross-Connections and Well Testing.

§ 97-44 Excavation, grading and clear-cutting. [1]

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.

D. For regulation of soil mining, see § 97-28 of this chapter.

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.

[1] Editor's Note: See also Ch. 53, Clearing and Grading Control.

§ 97-45 Wetlands and watercourse protection. [1]

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.

[1] Editor's Note: See also Ch. 62, Freshwater Wetlands.

§ 97-46 Steep slope regulations.

[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.

§ 97-47 Protection and regulation of agriculture.

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.

D. Keeping livestock as an accessory use. Subsections A through C shall not apply where farm animals are kept on residential properties as an accessory use and are not part of a farm operation. See § 97-57.

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.

§ 97-48 Off-street parking and loading.

[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.

(a) Minimum parking required for residential uses:

[1] For a single-family or two-family dwelling: two spaces per dwelling unit.

[2] For a multifamily dwelling: 1 1/2 spaces per dwelling unit.

(b) These requirements may be reduced for dwelling units with less than 1,000 square feet of floor space, senior citizen and planned adult community housing, mixed-use development, or other appropriate circumstances if the Planning Board determines that such reductions are warranted.

(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.

[5] Parking layouts in the HR District shall follow the Hamlet Design Guidelines cited in § 97-5.

(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.

(e) Nonconforming parking lots shall be brought into conformity with this Subsection A(4) to the extent practical whenever a site plan or special permit application is filed for an expansion or change of the use.

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.

§ 97-49 Signs.

[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:

(a) Toward a residence;

(b) Upon a public street, highway, sidewalk, or adjacent premises in a manner that causes glare or reflection sufficient to constitute a nuisance or a traffic hazard; or

(c) Upward toward the sky.

(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.

§ 97-50 Environmental performance standards.

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:

(a) Sixty decibels on the A-weighted scale between the hours of 7:00 a.m. and 8:00 p.m.; and

(b) Fifty decibels on the A-weighted scale between the hours of 8:00 p.m. and 7:00 a.m.

(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.

[1] Editor's Note: See also Ch. 58A, Explosives.

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.

§ 97-51 Home occupations.

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.

§ 97-52 Driveways and drive-up windows.

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.

§ 97-53 Mobile homes and construction trailers.

A. Mobile homes. See Chapter 69, Mobile Homes and Mobile Home Parks, of the Town of Goshen Code.

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.

§ 97-54 Burial ground and cemetery protection.

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.

(2) Notwithstanding the identification of burial grounds and/or cemeteries hereinabove, this list is not deemed exhaustive, and any burial ground and/or cemetery meeting the definitions included in § 97-84 shall also be subject to the provisions herein.

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.

§ 97-55 Wind and solar energy systems.

[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. Applicable definitions. As used in this section, the following terms shall have the meanings indicated:

COLLECTOR SURFACE

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.

COMMERCIAL FARM

A farm operation carried on for profit, whose primary function involves the sale of products generated on that property.

MAJOR SOLAR COLLECTION SYSTEM or SOLAR FARM

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.

METEOROLOGICAL TOWER

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.

RENEWABLE ENERGY FACILITY

A facility that engages in the production of electric energy from solar technologies, photovoltaic technologies, or wind energy.

ROTOR DIAMETER

The cross sectional dimension of the circle swept by the rotating blades of a wind-powered energy generator.

SOLAR COLLECTOR

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.

SOLAR ENERGY

Direct radiant energy received from the sun.

SOLAR ENERGY SYSTEM

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.

SOLAR ENERGY SYSTEM, LARGE

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.

SOLAR ENERGY SYSTEM, SMALL

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.

SOLAR PANEL

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.

SYSTEM HEIGHT

For wind energy systems, the height above grade of the tower plus the wind generator.

TOWER HEIGHT

For wind energy systems, the height above grade of the fixed portion of the tower, excluding the wind generator.

VAWT SYSTEMS

A vertical axis wind turbine which utilizes vertical panels as opposed to horizontal propellers.

WIND ENERGY SYSTEM, LARGE

A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics producing more energy than consumed onsite.

WIND ENERGY SYSTEM, SMALL

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.

WIND GENERATOR

Blades and associated mechanical and electrical conversion components mounted on top of the tower.

WIND TOWER

The monopole, freestanding, or guyed structure that supports a wind generator.

WIND, SOLAR OR PHOTOVOLTAIC ENERGY FACILITY OR STRUCTURE

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]

(d) See Subsection F of this section herein below for additional general requirements.

(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.

(f) See § 97-55F below for additional general requirements.

(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.

(f) See § 97-55F of this section herein below for additional general requirements.

(g) For farms, see § 97-55D herein below for additional provisions, requirements, limitations and standards.

(h) All small wind energy systems as an accessory use/structure shall require minor site plan approval in accordance with § 97-77 of this chapter and § 97-55G(3) of this section.

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.

(d) See § 97-55D(3) herein below for additional provisions and requirements.

(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.

(f) See § 97-55F herein below for additional general requirements.

(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:

[1] The noise level limit shall not apply during short-term events such as utility outages and/or severe windstorms.

[2] The applicant shall provide technical information on noise levels prepared by a qualified professional.

(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.

(b) 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 in accordance with § 97-69 of this chapter.

(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.

[1] The 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 of Goshen to pay for the time expended by the Town's consultants.

(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;

(o) The plan must include measures for containing drainage onsite and erosion and sediment control. Additionally, all grading shall be in accordance with Town Code Chapter 53.

(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.

(8) Review fees. Escrow deposits (see § 97-68) shall be required in connection with any application, action, review or other action related to this chapter for the costs of review by staff and consultants.

§ 97-55.1 Battery energy storage systems.

[Added 7-22-2021 by L.L. No. 2-2021]

A. Definitions. As used in this § 97-55.1, the following terms shall have the meanings indicated:

ANSI

American National Standards Institute.

BATTERY ENERGY STORAGE MANAGEMENT SYSTEM

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.

BATTERY ENERGY STORAGE SYSTEM

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:

(1) 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.

(2) 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.

BATTERY(IES)

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.

CELL

The basic electrochemical unit, characterized by an anode and a cathode, used to receive, store, and deliver electrical energy.

COMMISSIONING

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.

DEDICATED-USE STRUCTURE

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:

(1) The structure's only use is battery energy storage, and other electrical grid-related operations.

(2) No other occupancy types are permitted in the structure.

(3) 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.

(4) Administrative and support personnel are permitted in areas within the structures that do not contain any battery energy storage system, provided the following:

(a) The areas do not occupy more than 10% of the building area of the story in which they are located.

(b) 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.

ENERGY CODE

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.

ENERGY STORAGE MANAGEMENT SYSTEM

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.

FIRE CODE

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.

GAS DETECTION SYSTEM

Emergency power shall be provided for gas detection systems.

NATIONALLY RECOGNIZED TESTING LABORATORY (NRTL)

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.

NEC

National Electric Code.

NFPA

National Fire Protection Association.

NON-DEDICATED-USE STRUCTURE

All structures that contain a battery energy storage system and do not comply with the dedicated-use structure requirements.

NONPARTICIPATING PROPERTY

Any property that is not a participating property.

NONPARTICIPATING RESIDENCE

Any residence located on nonparticipating property.

OCCUPIED COMMUNITY BUILDING

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.

PARTICIPATING PROPERTY

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.

PREPACKAGED STATIONARY STORAGE BATTERY SYSTEM

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.

UL

Underwriters Laboratory, an accredited standards developer in the U.S.

UNIFORM CODE

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.

WALK-IN ENERGY STORAGE SYSTEM UNIT

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.

(1) The special use permit and site plan approval for a battery energy storage system shall follow the time frames listed in §§ 97-70 through 97-78.

(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.

§ 97-56 Adult entertainment.

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.

§ 97-57 Keeping of animals. [1]

[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:

(1) That adequate open space and facilities for the proper care of such animals are available or will be established; and

(2) That keeping of such animals will not interfere with the reasonable use and enjoyment of the property of others.

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.

[1] Editor's Note: See also Ch. 55, Dogs.

§ 97-58 Solid waste management facilities and industrial uses.

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.

(6) In addition to the requirements of Subsection B(5) above, the applicant may be required to pay annually into an environmental inspection fund to enable the Town to monitor the facility's performance and compliance with applicable standards using qualified technical experts.

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.

§ 97-59 Junkyards and outdoor storage. [1]

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.

[1] Editor's Note: See also Ch. 75, Property Maintenance.

§ 97-60 Residential care facilities.

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.

§ 97-61 Public utility and related uses.

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.

§ 97-62 Wireless communication facilities.

See Article XIII of this chapter.