Athens Town, NY Zoning Ordinance

§ 180-19 Applicability.

The following provisions shall apply to all districts except where listed.

§ 180-20 Off-street parking.

Off-street parking requirements for nonresidential uses shall be established by the Planning Board based upon need of the proposed use. With due consideration to the table below, the Planning Board shall have the authority to deviate parking space requirements on a case-by-case basis based on need so as to prevent overbuilding of parking lots. Since businesses vary widely in their need for off-street parking, it is most appropriate to establish parking requirements based on the specific operational characteristics of the proposed uses.

In determining the parking requirements for any proposed use, the Planning Board shall consider:

(1)

The maximum number of persons who would be driving to the use as employees, customers, clients, members, students or other uses at times of peak usage. Parking spaces shall be sufficient to satisfy 85% of the anticipated peak demand.

(2)

The size of the structure(s) and site.

(3)

The environmental, scenic or historic sensitivity of the site. In cases where sufficient area for parking cannot be created on the site without disturbance to these resources, the Planning Board may require a reduction in the size of the structure so that available parking will be sufficient.

(4)

The availability of safely usable on-street parking.

(5)

The availability of any off-street parking within 500 feet that is open to the public, owned or controlled by the applicant, or available on a shared-use basis.

(6)

Standards used in generally accepted traffic engineering and planning manuals shall be referred to; however, such standards shall be used as a guide only and should be viewed as likely to require excessive numbers of parking spaces.

Guidelines for the minimum number of off-street parking spaces to be provided are as follows. Public off-street parking in lieu of on-site parking may be utilized to fulfill parking requirements when provided for this purpose.

	Use	Parking Spaces Required
	Lodging house	1 for each lodging unit
	Residential	2 per dwelling unit
	Church and school	1 per 3 seats in principal assembly room
	Private club or lodge	1 per 4 members
	Theater	1 per 3 seats
	Hospital and nursing or convalescent home	1 per 3 beds and 1 for each employee based on the expected average employee occupancy
	Professional office, business service and medical clinic	1 for each 250 square feet of gross leasable area
	Retail business and personal service establishment	1 for every 180 square feet of gross leasable area
	Eating and drinking establishment	1 for every 3 seats
	Industrial	1 for each 1.2 employees, based on the highest expected average employee occupancy
	Funeral home	1 for each 75 square feet of floor space in slumber rooms, parlors and individual service rooms

Use of shared parking lots is encouraged and may be required by the Planning Board for two or more adjacent commercial uses.

Adequate parking for handicapped persons shall be provided in accordance with applicable laws.

Parking areas shall be located to the side or rear of the structure wherever possible. If this is not feasible due to lot configuration or topography, parking areas shall be located in such a way as to minimize visibility from roadways and adjacent properties. Landscaping shall minimize any negative visual effect.

Landscaped islands shall be integrated into parking areas to visually break up large expanses of paving and provide shading. Landscaping shall not block sight lines, and plantings at parking facility entrances and exits shall be limited to ensure clear sight distances. Clear sight lines from doors and windows must also be protected. Lighting fixtures should be consistent with the character and style of the Town.

Berms and dense landscaping shall, to the extent practicable, be used to screen all parking lots and parking areas from all public roads, paths and private streets. Factors such as the size of the parking area, direction and elevation from which it can be viewed, the viewer's position, the season and the distance of the lot from the view must be considered when determining the type, height, width and density of the plant materials to be used. Existing vegetation may be incorporated into the parking lot landscape plan.

To reduce the amount of impervious surfaces, to encourage groundwater recharge and reduce water runoff velocities, the Planning Board may require use of pervious surface lot treatments.

§ 180-21 Off-street loading.

Off-street loading which is spaced logically, conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles when required off-street parking spaces are filled shall be provided for all commercial and industrial uses. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space.

§ 180-22 Lot coverage.

In all residential districts, structures may not cover more than 30% of the lot. In planned development projects, although individual lots may exceed this requirement, the overall project may not. Lot coverage shall meet requirements for all other districts as per Table 2.[1]

[1]

Editor's Note: Table 2 is included at the end of this chapter.

§ 180-23 Height regulations.

Except for silos, wind energy conversion systems or other private wind generation systems used to support farming, and other agricultural structures, in all districts, structures shall not exceed the height restrictions contained in Table 2, Density and Dimensions.[1] The Planning Board may grant a special permit for a structure in excess of such height restrictions, provided that it is not more than 10% of the roof area of the principal building and is used for one of the following purposes: television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers and scenery lofts, silos, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, smokestacks and flagpoles.

[1]

Editor's Note: Table 2 is included at the end of this chapter.

§ 180-24 Environmental performance standards.

Waste controls are to be in accordance with Chapter 145, Sewage Disposal, and as follows. The following materials shall not be discharged into any storm or sanitary waste way in excess of the concentration specified in each case. In no case will any of these or similar materials be discharged in any drainage channel.

(1)

Oils, tars, cleaning compounds or inflammables.

(2)

Phenole or phenole-like compounds in excess of 0.05 parts per 100,000.

(3)

Toxic materials, such as fruit-washing compounds, wood preservatives, insecticides, aldrin, rotenone, BHC, DDP and all other similar products, weed killer, metallic or nonmetallic products of metal processing or plating acids, alkalis, cyanides, copper, etc.

(4)

Total salts, maximum 25,000 parts per 1,000,000.

(5)

Salts or elements injurious to crops, soils or animals, aluminum boron, arsenic, selenium, lead manganese, etc.

(6)

Wastes with pH less than 6.5 or greater than 8.5.

(7)

Floating solids.

Air pollution and fire controls.

(1)

It shall be unlawful within the Town of Athens for any person, owner, agent, operator, firm or corporation to permit or cause, suffer or allow the discharge, emission or release into the atmosphere from any source whatsoever of soot, fly ash, dust, cinders, dirt, oxides, gases, vapors, odors, toxic or radioactive substances, waste, particles, solid, liquid or gaseous matter or any other materials in such place, manner or concentration as to constitute atmospheric pollution. This section shall not apply to farming uses.

(2)

Odor. Tanneries, stockyards, glue factories, oil refineries, soap factories, artificial gas manufacture, rubber manufacture, fertilizer manufacture and other manufacturing or industrial uses must present detailed plans for elimination of obnoxious odors to the Planning Board for approval during site plan review before the Code Enforcement Officer may grant a permit.

(3)

Noxious gases. Detailed plans of any process likely to emit noxious gases, indicating elimination of such gases or fumes, must be presented to the Planning Board for approval during site plan review before the Code Enforcement Officer may grant a permit.

(4)

Fire and safety hazards. Only buildings which are in conformity with the New York State Uniform Fire Prevention and Building Code[1] are permitted.

[1]

Editor's Note: See Executive Law § 370 et seq.

Noise and vibrations.

(1)

No activity shall cause or create a steady-state or impact vibration displacement at such parcel's property line by frequency bands in excess of that indicated in the following table:

Frequency (cycles per second)	Vibration Displacement 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

(2)

The addition of any noise source, in a nonindustrial setting, should not raise the ambient noise level above a maximum of 65 dB(A). Ambient noise in industrial or commercial areas may exceed 65 dB(A) with a high end of approximately 79 dB(A). When project ambient noise levels exceed the existing ambient noise levels, the Planning Board may require mitigative measures utilizing best management practices to ensure that a facility's generated sound levels are at a minimum.

Lighting and glare. The Planning Board shall take into consideration the need to minimize nighttime lighting to protect dark skies. Adequate lighting shall be provided on a site to ensure safe movement of persons and vehicles and for security purposes, unless waived by the Planning Board. A lighting plan shall be included in site plan review application materials and shall include a layout of proposed fixture locations and a description of the equipment, glare control devices, lamps, mounting heights, hours of operations and maintenance methods proposed. Lighting shall conform to the following standards:

(1)

All lighting, including sign lighting, shall be designed and arranged so as to minimize glare and reflection on adjacent properties.

(2)

The style of the light and light standard should be consistent with architectural style of the building and surrounding area. Poles and fixtures shall complement the architectural character of the development and surrounding area.

(3)

The maximum height of freestanding lights shall not exceed 20 feet.

(4)

The source of the lights shall be fully shielded with full ninety-degree cutoff luminaries or located such that it shall not be visible outside the boundaries of the parcel being developed.

(5)

All exterior site lighting shall have such shading as will prevent the source of the light from being a visual nuisance to any adjacent residential property. Hours of lighting may be limited by the Planning Board in acting on any site development plan.

(6)

Externally illuminated signs, including building identification signs, shall only use shielded light fixtures.

(7)

The Planning Board may, as it deems appropriate, require that lighting be controlled by automatic timing devices to extinguish offending sources during specified periods to mitigate glare. The Planning Board may also require that lighting, except for security lighting, be extinguished after hours for businesses that are not in operation during that time. Motion detectors can be considered for security lighting.

(8)

Glare control shall be accomplished primarily through the proper selection and application of lighting equipment. Only after those means have been exhausted shall vegetation, fences and similar screening methods be considered acceptable for reducing glare.

(9)

Quartz lamps are prohibited light sources.

(10)

Luminance and uniformity. Light levels shall be designed not to exceed the latest recommended levels for outdoor lighting set by the Illuminating Engineering Society of North America (IES) for the type of activity/area being lighted, except light levels for ATMs shall be in accordance with the New York State ATM Safety Act.[2] Where no standard is available from the IES, the applicable standard shall be determined, taking into account the levels for the closest IES activity.

[2]

Editor's Note: See Banking Law § 75-a et seq.

§ 180-25 Agricultural buffers.

Buffers adjacent to actively farmed land shall be established to reduce the exposure of nonfarm uses to odors, noise and other potential nuisances associated with the agricultural operation and to protect the agricultural operation from potential complaints related to same. Such buffers may consist of vegetative screening, woodlands, vegetated berms or natural topographic features and shall be no less than 50 feet in width. Buffers may be required to be larger depending upon the type of agriculture or farm use adjacent to the nonfarm use, the topography and the proposed design and planting of such buffer. It shall be the responsibility of the nonfarm applicant, subject to approval by the Planning Board, to provide an effective buffer that will reasonably protect adjacent nonfarm and residential living areas from agricultural procedures.

§ 180-26 Keeping of animals.

The keeping of animals on residential properties in the Watershed Overlay, H, MUC and Ru 1 Districts, not part of a farm operation, shall be limited as follows to prevent water contamination from animal manure. This shall not apply to horse stables.

	Animal Type	Minimum Lot Size
	Livestock, including but not limited to horses, mules, goats, pigs, sheep and cattle	1 animal per one-acre lot to a maximum of 10 animals
	Fowl and game birds	10 birds per one-acre lot to a maximum of 25 animals
	Small animals such as rabbits	20 per acre

Buildings, pens or other structures housing animals shall be located 20 feet from any lot line and 35 feet from any road or highway. No manure may be stored within 50 feet of any property boundary line or 100 feet from any watercourse.

All buildings and structures used to store feed or other materials used for the domestic livestock use shall be located a minimum of 35 feet from all property lines. A minimum of 100 feet shall be provided between any area or structure used for the storage of animal wastes and wetlands and waterways.

All livestock shall be fenced.

No animal shall have direct access to a jurisdictional wetland, impoundment, stream, spring or well on the lot on which the livestock is located unless permitted by DEC or the Department of Health.

§ 180-27 Accessory buildings or structures.

On a lot devoted to a permitted principal use, customary accessory uses and structures are authorized.

Accessory uses shall be compatible with the principal use and shall not be established prior to the establishment of a principal use, except as permitted hereafter.

Any accessory building or structure hereafter constructed, erected, placed, structurally altered or enlarged, except as otherwise permitted in this chapter, shall be subject to the following bulk requirements:

(1)

No accessory building or structure shall be permitted within the required front yards, as set forth in each district.

(2)

All accessory buildings or structures shall meet all side and rear setbacks.

(3)

No accessory building or structure in any district shall exceed 1 1/2 stories or 21 feet in height (whichever is less).

(4)

No mobile home or other portable structure or building shall be used as an accessory building or structure except when used incidentally to and temporarily for construction operations of a principal use. Said buildings shall be removed prior to the occupancy of the principal use. Storage buildings not exceeding 144 square feet in area are permitted.

(5)

Any accessory building which is attached to a principal building shall be considered as a part of the principal building and shall be subject to all regulations governing the location of principal buildings.

§ 180-28 Flood prevention.

All requirements of Chapter 105 of the Town of Athens Code shall be met. Except for agricultural structures, new structures should not be constructed in designated one-hundred-year floodplains.

§ 180-29 Traffic access and control.

The Planning Board or the Zoning Board of Appeals, as the case may be, may require cross-access easements for adjacent properties with interconnected parking lots in language acceptable to the Town Attorney.

Motor vehicle circulation shall be designed to minimize conflicts with pedestrians.

Traffic calming features such as curb extensions, medians, road narrowings, surface textures and modified intersections with narrowed intersection radii may be used to encourage slower traffic speeds.

Streetscape and traffic calming shall be used to separate vehicular movement from pedestrian movement.

Shared, rear or side-located parking lots and shared access to parking lots shall be used to the maximum extent practical.

Curbing may be required along frontage to delineate access points.

Maximum grade of access drives shall be 8%, and 3% for parking areas.

Stacking lanes shall be required for all uses that involve drive-up customer services such as bank window tellers, fast food restaurants, car wash bays, etc., to avoid any stacking of vehicles in public rights-of-way.

Unless otherwise required by the Town Highway Superintendent, New York State Department of Transportation or any other entity having permitting authority over the road or street fronting the parcel, no more than two curb cuts shall be allowed on any given parcel.

The Planning Board may require front-loaded roads during a site plan or subdivision in order to promote rural character.

§ 180-30 Streams and wetlands.

No alteration of watercourses, whether by excavation, filling, grading, clearing, draining or otherwise, shall be made that affects the water levels or flow of such watercourses without review as to the effect of such alteration and any related facilities on water recharge areas, water table levels, water pollution, aquatic animal and plant life, temperature change, drainage, flooding, runoff and erosion. This review and approval of such alteration shall be made by the Planning Board in consultation with the Greene County Soil and Water Conservation District and the New York State Department of Environmental Conservation. Where the applicant must obtain a stream disturbance or discharge permit from the New York State Department of Environmental Conservation, Planning Board approval shall be conditional on the Department of Environmental Conservation's permit approval. There shall be a setback of 100 feet for all site disturbances from Department of Environmental Conservation classified streams C(T) and higher and 50 feet from nonregulated watercourses.

§ 180-32 Development on steep slopes.

Requirements of this section shall apply to all activities resulting in a site disturbance, development or redevelopment greater than or equal to 750 square feet gross disturbance. The Planning Board shall ensure that these standards are met prior to approval of any subdivision or site plan. The Code Enforcement Officer shall ensure that these standards are met prior to approval for any building permit.

Any parcel that falls in whole or in part on a parcel containing more than 10% of total acreage in slopes 15% or greater shall be considered to contain steep slopes. Such slopes shall be determined from topographic maps containing contour lines submitted by the applicant.

Site disturbances for the purpose of noncommercial home gardening and agricultural operations shall be exempt. Quarries, gravel pits, sand pits and shale pits shall be exempt when permitted and regulated under other local, state or federal laws.

No development, grading of the land or stripping of vegetation shall be permitted on slopes of 25% or greater.

Any proposed disturbance for roadway crossings or utility construction in areas of slopes 25% or steeper shall require a variance approval from the Zoning Board of Appeals and must demonstrate, via analysis of alternatives, that the roadway or utility improvements are necessary in the sloped area and affect the sloped area to the minimum extent possible.

The maximum area of disturbance allowed in slope areas on a parcel having between 20.0% and 24.9% slopes shall be 5%. The maximum disturbance area allowed in slope areas between 15% and 19.9% shall be 15%.

Site design and grading on slopes greater than 15% shall provide the minimum disruption of view corridors and scenic vistas and shall preserve significant natural topographic features, including ridgelines, to the extent that any portion of the ridgeline is within the regulated steep slope area.

No driveway, vehicular access lane or private road may be constructed that exceeds a slope of 10% for more than 5% of its total length.

Development in steep slope areas requires the minimum lot size for that district plus any additional acreage that may be needed to comply with proper engineering requirements.

§ 180-33 Erosion and sedimentation control.

Prior to approval for any land disturbance of one acre or more, there shall be verification of compliance with the requirements of the New York State Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) general permit for construction activities, GP-02-01, or as amended or revised.

The Planning Board shall refer the stormwater pollution prevention plan (SWPPP) to a qualified engineering consultant and/or to the County Soil and Water Conservation District for professional advice concerning compliance of the plan. The Town of Athens shall not approve the special use permit, site plan or subdivision application unless it finds that the stormwater pollution prevention plan (SWPPP) complies with this section.

§ 180-35 Temporary structures.

Temporary structures used in conjunction with construction work shall be permitted only during the period that the construction work is in progress. Permits for temporary structures shall be issued for a six-month period. Residing in basement or foundation structures before the completion of the total structure shall be permitted for no more than one year.

§ 180-36 Signs.

Signs as defined in § 180-3 are specifically prohibited except as herein provided:

All signs must be constructed of durable materials and shall be maintained in good condition and repair at all times.

In any residential district, a sign not exceeding four square feet in surface is permitted which announces the name, address or professional or home occupation of the occupant of the premises on which said sign is located.

A bulletin board not exceeding 24 square feet is permitted in connection with any religious facility, church, school or similar public structure.

A temporary real estate or construction sign, not exceeding 24 square feet, is permitted on the property being sold, leased or developed. Such sign shall be removed promptly when it has fulfilled its function.

A business sign shall be permitted in connection with any legal business or industry located on the same premises and shall meet the following requirements:

(1)

A maximum of two signs are permitted with any legally established business, one freestanding and the other attached to the building. Only one freestanding sign, which may be double-faced, shall be permitted for the primary frontage of a property on a public street. Not more than one freestanding sign shall be permitted for each business structure regardless of the number of stores or businesses housed therein. Where more than one business is located on the same property or on contiguous or adjoining lots, one common freestanding sign directory shall be permitted. The combining of signs on one common sign directory shall be encouraged. In the event of contiguous businesses sharing a freestanding directory sign, each individual business shall be allowed one sign attached to the building. Where multiple businesses exist on one lot, the total cumulative area of all signs permitted on such lot shall be 60 square feet.

(2)

The primary purpose of the sign shall be for identification and not for advertising, and it may state only the owner, trade names, trademarks, products sold and/or the business or activity conducted on the premises on which the sign is located.

(3)

Signs attached to a building shall be perpendicular or parallel to the building facade.

(4)

Signs shall not extend beyond the roof or parapet of the building. A freestanding sign shall not exceed 50 square feet. The maximum height for freestanding signs shall be 15 feet. All signs should be erected a minimum of 15 feet from any roadway edge.

(5)

Externally lighted signs are required. Illuminated signs shall be shielded in such a way as to produce no glare, undue distraction, confusion or hazard to the surrounding area or to vehicular traffic.

(6)

Signs which are animated or with intermittent illumination are prohibited.

(7)

Signs shall not project over public rights-of-way or property lines.

(8)

The maximum area of a building-mounted sign shall not exceed 10% of the building face area or 25 square feet, whichever is smaller.

An off-site directional signal may be approved by special permit in any district, provided that:

(1)

A group of business owners or managers has cooperated to erect one or a series of off-site directional signs.

(2)

Written permission from the lot owner is received.

(3)

Externally lighted signs are preferred. Illuminated signs shall be shielded in such a way as to produce no glare, undue distraction, confusion or hazard to the surrounding area or to vehicular traffic. Illumination shall be properly focused upon or from within the sign itself.

(4)

Signs which are animated or with intermittent illumination are prohibited.

(5)

Signs shall not project over public rights-of-way or property lines.

(6)

The sign shall be no more than 12 square feet.

(7)

The Planning Board finds the sign not contrary to the objectives of the zoning district or the Comprehensive Plan.

Any sign not in use shall be removed within six months after cessation of business.

No advertising billboards shall be allowed on site for an off-site purpose.

No temporary, movable signs, except for holiday seasons, grand openings and other special events, not to exceed 60 days, shall be allowed.

This section shall not apply to noncommercial signs that express speech that is protect by the New York State or United States Constitution. For such signs, they shall be limited to one sign per parcel. Such sign shall be no larger than eight feet by eight feet in dimensions.

§ 180-37 Home occupations.

Any home occupation, including, but not limited to, businesses such as an art studio, dressmaking, teaching or the professional office of a physician, dentist, lawyer, engineer, architect or accountant, shall be permitted as an accessory use if it complies with the requirements of this section. Low-impact home occupations do not require site plan approval or a special use permit.

Home occupations must be incidental to the use of the dwelling unit. The home occupation shall be carried on by a member of the family residing in the dwelling unit only.

The home occupation shall be carried on wholly within the principal or accessory structures. No more than 30% of the total floor area (heated, habitable space) of the dwelling unit may be used for home occupation purposes.

Exterior displays or signs other than those permitted under this subsection, exterior storage of materials and exterior indication of the home occupation or variation from the residential character of the principal structure shall not be permitted. One unanimated, nonilluminated sign of not more than four square feet shall be allowed for major home occupations. There shall be no other exterior evidence of the home occupation, such as for display or storage purposes or such that the exterior of the work area is altered in any way.

Objectionable conditions, such as noise, vibration, smoke, dust, electrical disturbance, odors, heat or glare, shall not be produced.

No traffic shall be generated by such home occupation in greater volumes than would normally be expected in the neighborhood.

Parking shall be provided off street and shall not be located in front yards except for the first three cars. Adequate parking must be demonstrated. At a minimum, there shall be two spaces for the residential use, plus one space for each 500 square feet of floor space of the home occupation. Parking areas of six cars or more shall have crushed stoned, blacktop or other appropriate surface and shall be appropriately landscaped to provide screening from adjacent properties. Off-street parking and loading shall accommodate access and egress of any supply or service vehicles to the home occupation without obstructing traffic.

Business operation hours, lighting and signage should be set so as not to adversely affect adjacent uses.

There shall be no outside storage of equipment, supplies and/or commercial vehicles related to the permitted home occupation.

The proposed customary home occupation and the parking and traffic incident thereto:

(1)

Will not create or aggravate hazards or dangers to the public or to persons in the vicinity.

(2)

Will not be incongruous or detrimental to the prevailing residential character of the neighborhood.

(3)

Will not impair the use, enjoyment or value of adjacent residential properties.

(4)

Will not detract from the appearance of the area.

In addition, in granting any such permit, the Planning Board or Zoning Board of Appeals may impose reasonable conditions consistent with preserving the character of the neighborhood and the public health, safety, morals and general welfare of the community and make findings appropriate to the conditions imposed. Among the limitations which may be imposed are:

(1)

A limit on the hours of operation and on the number of visitors permitted per hour.

(2)

Notwithstanding Subsection F of this section above, a prohibition of on-street parking.

(3)

A requirement that visitors must have scheduled appointments.

(4)

A limit on the number of vehicles that may be parked in the driveway or designated parking area of the premises at any one time.

(5)

A requirement that existing driveways must be expanded, or may not be expanded, to accommodate visitor parking.

(6)

Restrictions on public advertising inviting patients, clients, customers or students to visit the premises at will if the premises are identified in such advertising by specific address.

(7)

The scope of the use for which the residence is to be used and/or any other restrictions which may be reasonable, in light of the potential adverse impacts of operation of the customary home occupation to the neighborhood.

§ 180-38 Roadside stands.

Roadside stands for sale of agricultural products shall be permitted if:

(1)

They are erected at least 20 feet back from the nearest edge of the roadway surface.

(2)

They are used primarily for the sale of agricultural products grown locally.

(3)

Parking spaces are provided off the road right-of-way.

(4)

Adequate ingress and egress is provided.

Signs shall conform to the provisions set forth in § 180-36.

§ 180-39 Future streets.

After a line of a future street is placed on the Official Map of the Town of Athens, if adopted in accordance with §§ 270 and 273 of the Town Law, any building shall be set back from such line as though it were a street line, unless a variance has been obtained pursuant to § 280 of the Town Law.

§ 180-40 Storage of manufactured homes, boats, trailers and trucks.

No manufactured home, boat, trailer or truck (other than a pickup truck) shall be stored in the front yard in any district unless it is kept in a neat and orderly condition as determined by the Town Board.

§ 180-41 Mining, excavation, removal, filling and depositing.

All requirements of Chapter 101 of the Town of Athens Code shall be met, as may be amended from time to time.

§ 180-42 Multifamily dwellings.

In any district where multifamily dwellings are permitted, there shall be a minimum lot size of one acre. In no case shall the density exceed six dwelling units per acre of usable land without New York State Department of Health and/or Town Engineer or a designated Planning Board engineer approved wastewater treatment systems.

All structures containing multiple-family dwellings shall have a minimum roof pitch of six over 12.

All front yards attached to multiple-family dwellings shall have a clearly defined front yard using landscaping, fencing, hedging, or brick or stone wall, none of which shall exceed three feet in height. Front yards of attached townhouses may be unified into one common yard treated as a single front yard for the entire building.

All townhouse multiple-family dwellings shall have the following dimensions:

(1)

Maximum building coverage: 60%.

(2)

Minimum nonimpervious surfaces: 30%.

(3)

Maximum building size: four dwelling units in a row and 100 feet in length.

(4)

Open space between buildings on the same lot: 30 feet.

(5)

Rear yard garage required.

(6)

All front, side and rear yards as required by this chapter.

All apartments or other types of multiple-family dwellings shall have the following dimensions:

(1)

Maximum building coverage: 60%.

(2)

Minimum nonimpervious surfaces: 30%.

(3)

Maximum building size: six dwelling units in a building and 95 feet in length.

(4)

Open space between buildings on the same lot: 30 feet.

(5)

Rear yard garage required.

(6)

All front, side and rear yards as required.

All multiple-family dwelling developments shall:

(1)

Consist of structures of an architectural style that emulates single-family residences in building design, entrance and other architectural details.

(2)

Limit uniformity and monotony by limiting the repetition of colors, materials and architectural details throughout the neighborhood. Buildings should vary in appearance but share a common design style.

Paved off-street parking areas shall be provided as follows:

(1)

On-site pedestrian and vehicle circulation shall be designed to limit traffic hazards.

(2)

Two parking spaces per dwelling unit shall be required.

(3)

Parking and traffic circulation should include appropriate signs and striping to direct traffic on and off site.

(4)

Sidewalks shall be provided, as appropriate, to connect the residential units with parking areas, public streets, recreation areas and other apartment building(s) and other existing sidewalks, if present.

Buffer areas shall be used to maintain natural areas between multifamily structures. Buffer strips shall consist of trees, hedges, dense plantings, earth berms and other changes in grade.

Landscaping and screening shall conform to the following minimum standards:

(1)

Use of existing vegetation to the greatest extent possible.

(2)

Along road frontage, a ten-foot-wide landscaped buffer shall be provided and designed so as not to obstruct sight distance at road access points.

(3)

Units shall be sited for maximum preservation of mature trees (trees of 12 inches or more in diameter).

(4)

Clear cutting of the entire site area is prohibited.

(5)

Lighting provided on the site to ensure safe movement of persons and vehicles and for security purposes shall conform to the following standards:

(a)

All lighting shall be designed and arranged so as to minimize glare and reflection on adjacent properties.

(b)

The maximum height of freestanding lights should not exceed 20 feet.

(c)

The source of the lights shall be shielded or located such that it shall not be visible outside the boundaries of the parcel being developed.

(6)

The Planning Board may require that all utilities, exclusive of transformers, be placed underground at the time of initial construction. Required utilities may include water, sewer, storm drainage, telephone, TV cable, electricity, gas and wiring for streetlights.

(7)

Solid waste and recycling receptacles of adequate capacity shall be provided for the maximum number of residents. Receptacles shall be screened from view by fencing or landscaping and properly emptied to prevent odor and unsanitary conditions. The receptacle shall be designed to prevent loose litter.

(8)

Snow storage areas shall be indicated on the site plan and shall not interfere with required parking or traffic circulation.

(9)

There shall be adequate provision for firefighting. The applicant shall provide a fire-fighting plan to assure the required water quantity will be readily available and that such water will be provided for fire-fighting purposes.

One sign per entrance that identifies the development is permitted and should be compatible with the general environment of the project site. Signs should conform to the following standards.

(1)

Maximum height for each two-sided, freestanding entrance sign, from base elevation, shall be no greater than six feet.

(2)

Maximum area of one side or face of a sign shall not exceed 10 square feet.

(3)

All signs should be erected a minimum of 15 feet from any roadway edge.

§ 180-43 Accessory apartments.

One accessory apartment may be located in an accessory structure or a principal building, subject to special use permit approval and provided that the following conditions are met:

An accessory apartment may be located within a principal building by right, provided the minimum acreage required for that principal building is met.

Such accessory structure shall meet the minimum lot size requirements required in the zoning district in which it is located, in addition to the lot requirements of the principal structure, and shall be considered one dwelling unit for calculation of density as per § 180-12.

An accessory apartment shall be no larger than 50% of the total square footage of the principal building, not including an unfinished basement.

The owner of the one-family dwelling or lot in which the additional dwelling unit is to be located shall ensure that the building and grounds are maintained in good condition.

There shall be no more than one accessory apartment unit per dwelling or lot.

The entry and design of the principal dwelling shall not be modified in a manner which changes the appearance of the dwelling as a single-family structure.

In addition to the parking requirements for a single-family dwelling, two off-street parking spaces shall be provided.

All dwelling units and the structures in which they are situated shall meet all standards and requirements of the New York State Uniform Fire Prevention and Building Code.[1]

[1]

Editor's Note: See Executive Law § 370 et seq.

§ 180-44 Motor vehicle junkyards.

All requirements of Chapter 116 of the Town of Athens Town Code shall be met.

§ 180-45 Autobody or major repair shops.

The Planning Board may grant a special use permit for the operation of an auto body or major repair shop, provided that:

(1)

Minimum size of lot. The site shall have frontage of at least 100 feet on a public road and shall have a depth of at least 100 feet. Autobody repair shops designed to serve trucks larger than five tons in capacity shall have sufficient additional frontage so that any vehicle leaving the property may turn into the nearest lane of traffic moving in the desired direction and be channeled within such lane before crossing the nearest intersection or proceeding along the road, and any vehicle entering the service station property may turn out of the nearest lane of traffic without interfering with other traffic.

(2)

The following setbacks or yard control dimensions for this use shall be required, but in no case shall any yard be less than required on the Table of Dimensional Requirements:[1]

(a)

Minimum front setback. All structures, except underground tanks, shall be 45 feet from the road right-of-way.

(b)

Minimum side yard. The minimum side yard shall be 10 feet, except that all buildings shall be set back at least 50 feet from the side lot line if abutting a residence district.

(c)

Minimum rear yard. The minimum rear yard shall be 30 feet.

[1]

Editor's Note: See Table 2, which is included at the end of this chapter.

Driveways and service apron.

(1)

There shall be no more than two driveways entering a single road. Such driveways shall be no closer to each other than 15 feet, measured along the road line, and shall be at least 30 feet from any intersection of public roads and 10 feet from any side lot line. Driveways shall not be more than 30 feet wide nor less than 20 feet wide at the curbline.

(2)

All driveways, parking or standing areas, including the service apron, shall be permanently improved with a paved surface. Adequate provision shall be made for the collection and disposal of stormwater onto adjoining property or across a public sidewalk. Stormwater runoff shall not be discharged into a public street without the prior approval of the Town Superintendent of Highways.

All repair and service work, including car washing, but excluding emergency service and the sale of fuels and lubricants, shall be conducted entirely within a building and shall be performed only between the hours of 7:00 a.m. and 10:00 p.m. The number of vehicles outside at any one time shall not exceed the number of parking spaces designated on the site plan. The Planning Board may also limit the amount of overnight parking and require suitable fencing to protect surrounding properties. Where wrecked vehicles are impounded on the site at the direction of a duly authorized law enforcement agency, such wrecked vehicles shall be removed from the property as soon as possible. Such wrecked vehicles may be stored in an outside area, provided that such area is fenced with an opaque fence of sufficient height so as to conceal the vehicles from ground-level view from the public road or from any adjacent properties in a residential district, but not higher than 10 feet.

There shall be no dumping of waste materials, such as oil or grease, except in a closed, aboveground, noncorrosive receptacle. Debris and trash shall be deposited in receptacles maintained for that purpose.

There shall be no residence or sleeping quarters maintained in any autobody repair shop.

§ 180-46 Bed-and-breakfast inns.

Beds-and-breakfasts shall be owner-occupied, and their certificates of occupancy shall so stipulate.

Unless otherwise allowed by the Planning Board, off-street parking shall not be located in a front yard and shall be screened from roads and adjacent properties so as to provide no variation from the residential character of the site. Off-street parking spaces for members of the owner's family residing in the dwelling unit as well as one parking space per room shall be provided.

Each bed-and-breakfast shall be established, maintained and operated so as to preserve and complement the residential character and integrity of the surrounding area.

No guest shall stay for a period of time in excess of 30 consecutive days.

Each bedroom occupied by a paying guest shall be equipped with a properly installed and functioning smoke detector. Further, a smoke detector shall be properly installed and functioning on or near the ceiling in the room or hallway from which each bedroom rented to paying guests exists.

The Code Enforcement Officer shall be given such access to the dwelling on an annual basis for the purpose of making inspections to ensure compliance with all federal, state and local codes, rules and regulations, including the New York State Uniform Fire Prevention and Building Code.[1] An operating permit and firesafety site inspection shall take place annually. Upon issuance of a special use permit for a bed-and-breakfast, the owner shall give written permission for periodic site inspection by the Code Enforcement Officer.

[1]

Editor's Note: See Executive Law § 370 et seq.

A single exterior sign or display may be established on the site of the bed-and-breakfast. Said sign or display shall not exceed six square feet in area. No freestanding sign shall be located less than 15 feet from the front property line or less than five feet from the side property line. Further, said sign or display shall be as unobtrusive as reasonably possible and may be illuminated by no more than two seventy-five-watt light bulbs which shall be shielded so as to prevent glare, etc.

During site plan review, the Planning Board shall consider the:

(1)

Adequacy and arrangement of vehicle traffic access and circulation.

(2)

Location, arrangement, appearance and sufficiency of off-street parking.

(3)

Location, arrangement, size and design of lighting and signs.

(4)

Relationship and compatibility of proposed use (bed-and-breakfast) to uses of adjacent parcels in the immediate vicinity, together with their scale.

(5)

Adequacy, type and arrangement of trees, shrubs, fences and other landscaping or improvement constituting a visual or noise-deterring buffer between the site and adjacent or adjoining uses.

§ 180-47 Fueling stations.

Fueling stations shall be permitted only on lots of 1 1/2 acres or more, with 250 feet minimum road frontage.

Except for access drives, no structures, facilities, parking for vehicles or vehicular or related activities shall encroach in the required setbacks.

No fuel pump shall be located closer than 20 feet from any side lot line nor closer than 35 feet from any street line, measured from the outside of the fuel island. Pumps should be sited to the side or rear of the structure to the extent practicable.

Storage shall be within a completely enclosed building which has a maximum height of 25 feet.

The Planning Board may limit the number of gas or other fuel pumps to ensure consistency in scale between the gas filling station and adjacent land uses.

There shall be no unnecessary or unsafe glare from canopy islands outside the boundaries of the site.

All canopy lights shall be recessed with no bulb, lens or globes extending below the casing or canopy ceiling.

No signs shall be allowed on the canopy mansard, fascia or roof area covering gas dispensers.

There shall be no amplified sound audible at property lines.

All pumps, pump islands, tanks, piping and canopies shall be removed when fuel-dispensing activity has been inactive for a period of 12 months.

The canopy shall reflect the design of the building and be consistent with the main structure's roofline.

Construction, maintenance and inspection of any fueling station shall use all applicable federal, state and county environmental protection and mitigation requirements relative to installation, use and removal of tanks and pumps.

The Planning Board shall require a traffic impact analysis.

Applicants shall prepare, and maintain on site, an acceptable spill prevention, control and countermeasure plan prepared under the supervision of a professional licensed engineer.

The special use permit shall require that employees be up-to-date in spill prevention training.

The Planning Board may limit hours of operation or limit acceptable hours of fuel delivery where a fueling station is adjacent to residential uses.

Applicants shall evaluate site conditions and provide information, analysis and evidence that the proposed gasoline filling station will not degrade the quality of groundwater. Mitigation measures, including, but not limited to, use of steel aboveground tanks encased in concrete, shall be implemented to reduce or eliminate risks to groundwater.

§ 180-48 Kennels and veterinary hospitals.

Animal waste shall be disposed of in a manner acceptable to the Department of Health.

Crematoria or land burial of animals in association with a commercial kennel or veterinary hospital shall be reviewed as part of the special use permit.

The minimum area required shall be two acres.

All facilities associated directly with the kennel or veterinary hospital, whether indoors or outdoors, shall be set back a minimum of 100 feet from any property line.

Parking, wherever practical, shall be located behind the front line of the principal building to the side or rear of the structure.

The Planning Board shall evaluate potential noise impacts and shall minimize negative impacts on adjacent uses, which may include soundproofing.

The Planning Board may require screening of outdoor runs from view.

§ 180-49 Motels, resorts and eating or drinking establishments.

Motels, resorts and eating or drinking establishments shall be designed, laid out and landscaped to fit into the natural landscape and not diminish the character of the district. Particular attention shall be given to visual, sound and traffic impact. If the Planning Board determines that these or other standards cannot be adequately met or the negative impact minimized through additional requirements, the special use permit shall be denied.

§ 180-50 Wind energy conversion systems.

Wind energy conversion systems (WECSs) located on a nonagricultural parcel. Only one wind energy system per legal nonagricultural parcel shall be allowed, except when a clustered subdivision occurs. In that case, the Planning Board shall determine the appropriate location for WECSs for the subdivision.

WECSs located on an agricultural parcel. All WECSs proposed to be located in a New York State certified agricultural district shall be a permitted use subject to site plan review. More than one WECS shall be allowed per legal parcel, limited to the minimum number of WECSs needed to meet on-farm electrical needs. When electrical output from a WECS consistently results in net-metering and excess electricity is sold back to the electrical grid, then no additional WECSs can be installed on the property. During site plan review, the Planning Board shall review proposed total output of the WECSs in kWh, along with proof of the agricultural uses total electrical needs in order to determine if it is likely that net-metering will occur.

Wind energy system height shall be limited to 100 feet.

Setback. The distance between a wind energy conversion system and the property line shall be at least the height of the wind energy conversion system.

Noise. Wind energy systems shall not exceed 60 dBA, as measured at the closest property line. The level, however, may be exceeded during short-term events such as severe wind storms.

Compliance with Building Code of New York State. A building permit shall be required prior to construction. An engineering analysis of the tower showing compliance with the manufacturer's installation instructions or certified by a licensed professional engineer shall be submitted as part of the building permit application.

Compliance with other regulatory agencies. Wind energy systems must comply with all applicable regulations, including any necessary approvals for installations, as needed from state, county or other regulatory agencies (for example, the FAA when the tower is proposed close to airports).

Abandonment of use. A wind energy system which is not in use for 18 successive months shall be deemed abandoned and dismantled and removed from the property at the expense of the property owner.

Visual disruption. The system's tower and blades shall be painted a nonreflective, unobtrusive color that blends the system and its components into the surrounding landscape, to the extent reasonably possible, and incorporates nonreflective surfaces to minimize any visual disruption.

§ 180-51 Conservation standards.

Any proposed development shall be designed and constructed in order to meet the following:

Erosion, sediment and runoff.

(1)

Sediment and runoff are to be no greater than that normally expected from the watershed when under an effective management system acceptable to the Town.

(2)

Significant runoff is to be confined to natural watercourses.

Soil limitations. Developers or other land users are to permanently overcome all limitations of soils with moderate and severe limitation so that no detrimental effect will occur to local units of government or future owners.

Soil stability. Buildings or other permanent facilities are to be confined to soils that are not subject to slippage or other conditions of soil instability.

Water resource areas. The environmental quality of water, lake shores, river shores and stream banks is to be conserved.

Groundwater resources. Land use is to be planned so as to maintain or enhance the quality and quantity of groundwater resources. Significant recharge areas must be protected.

Wetlands. The significance of wetlands shall be carefully evaluated by the Planning Board or Zoning Board of Appeals prior to disturbing the material state of wetlands.

Natural environmental features. A sufficient amount of natural environmental features is to be protected to maintain the character of the area.

Open space. Open space is to be an integral part of any development in sufficient quantity to accommodate the intensity of use. Open space may include features such as stream belts, wetlands, parklands, unique lands and open farmlands, as well as other lands where rare and endangered species are found.

§ 180-52 Solar energy.

[Added 7-5-2017 by L.L. No. 2-2017; amended 8-19-2024 by L.L. No. 3-2024]

Town policy statement, purpose, and intent.

(1)

Introduction. The policy statements set forth in this subsection regarding large-scale solar energy systems are in addition to, and do not necessarily supersede, the general land use policies set forth in the Zoning Ordinance. Where policies conflict, the policies set forth in this section control only as they pertain to large-scale solar energy systems.

(2)

The Town of Athens supports sustainable renewable energy sources such as solar energy and does not seek to discourage such energy sources to be installed in the Town. However, renewable energy development in the Town must be consistent with the Town's vision and goals, including:

(a)

Protect and maintain air and water quality from pollution and establish effective stormwater management practices.

(b)

Preserving scenic views of the rural environment, the Hudson River, views of the Catskill and Berkshire Mountains, open spaces, and other important physical features in Athens;

(c)

Protect and enhance existing productive or potentially productive farmlands and working landscapes.

(d)

Enhance the use of and access to the Hudson River and its waterfront as a centerpiece for recreational, social, cultural, and economic activities in Athens. Limit new industrial uses there.

(e)

Preserve the historic character of Athens while promoting new and affordable uses.

(3)

The Town finds that small scale solar energy systems which are accessory to the primary use of the parcel and are installed for the primary purpose of supplying electricity to the buildings and uses located on that parcel is in keeping with the Town's Comprehensive Plan and land use policies. Such accessory systems are to be encouraged so long as they do not impact neighboring properties, are safely installed, do not impair emergency access and are removed when no longer used.

(4)

The Town finds that large-scale solar energy systems if not sited properly, appropriately screened, and sited to minimize loss of the remaining productive farmland and open spaces in Town may be incompatible with the Town's Comprehensive Plan and Zoning Ordinance. Therefore, with respect to large-scale solar energy system development:

(a)

Large-scale solar energy system development should prevent negative impacts to identified important visual corridors and scenic locations, limit vegetation removal or replanting of native vegetation, avoid development of steep slopes, preserve open space values of farmlands, maintain the Town's farmland, and maintain a critical mass of farmland so as to prevent further fragmentation of the Town's existing farms.

(b)

In order to achieve these objectives, large-scale solar energy system development should not be sited in rural residential areas; agriculture zones; open space, forested lands, and conservation areas; scenic corridors, or commercial zones but may be sited in areas suitable for light industrial development.

(5)

The regulations set forth in this section are intended to ensure that large-scale solar energy systems are only allowed of a scale, location and plan that appropriately recognizes the aforementioned land use policies, as well as the policies set forth in the Town's Comprehensive Plan and Zoning Ordinance.

Definitions. As used in this section, the following terms shall have the meanings indicated. The definitions contained in § 180-3 shall also apply to this section.

AGRIVOLTAICS

A simultaneous use of land for solar photovoltaic power generation and agricultural production of "crops, livestock, and livestock products" as that phrase is defined by Agriculture & Markets Law (AML) § 301(2).

BUILDING-INTEGRATED PHOTOVOLTAIC SYSTEM

A combination of photovoltaic building components integrated into any building structure, such as vertical facades including glass and other facade material, semitransparent skylight systems, roofing materials, and shading over windows, that maintain a uniform profile or surface of vertical walls, window openings, and roofing.

FACILITY AREA

The cumulative land area occupied during the commercial operation of the solar energy generating facility. This shall include all areas and equipment within the facility's perimeter boundary and/or fence - including the solar energy system, on-site interconnection equipment, on-site electrical energy storage equipment, and any other associated equipment - as well as any solar energy equipment beyond the facility's perimeter boundary, including, without limitation, improvements necessary for the utility interconnection, access roads, or other permanent improvements, etc., but excluding those established off-site for impact mitigation purposes, including but not limited to tree plantings.

GROUND-MOUNTED SOLAR ENERGY SYSTEM

A solar energy system that is anchored to the ground, attached to a pole or other mounting system, and detached from any other structure, and which produces energy primarily (or solely) for the purpose of on-site consumption.

LARGE-SCALE SOLAR ENERGY SYSTEM

A solar energy system that is ground-mounted and produces energy primarily for the purpose of off-site sale or consumption. Large-scale solar energy systems are not essential services, as defined in § 180-3 of this chapter. For the purposes of defining the footprint (size) of the solar energy system, the area within the required fence and any access roads and utility connections shall be included in such calculations.

NATIVE PERENNIAL VEGETATION

Native wildflowers, forbs, and grasses that serve as habitat, forage, and migratory way stations for pollinators and shall not include any prohibited or regulated invasive species as determined by the NYS Department of Environmental Conservation.

ROOF-MOUNTED SOLAR ENERGY SYSTEM

A solar energy system in which solar panels are mounted on the roof of any legally permitted building either as a flush-mounted system or as modules fixed to frames which can be titled toward the south at an optimal angle.

SOLAR ENERGY EQUIPMENT

Electrical energy storage devices, material, hardware, utility interconnection, inverters, or other electrical equipment and conduit of photovoltaic devices associated with the production of electrical energy.

SOLAR ENERGY SYSTEM

An electrical generating system composed of a combination of both solar panels and solar energy equipment. Solar energy systems are not considered "agricultural structures" as defined and used in this chapter.

SOLAR PANEL

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

Applicability. This section applies to all solar energy systems proposed to be constructed after the effective date of this section, excluding building-integrated photovoltaic systems and general maintenance and repair of existing solar energy systems. This section also applies to physical modifications that materially alter the type, configuration, or size of a solar energy system or related equipment.

Solar as an accessory use or structure.

(1)

Roof-mounted solar energy systems.

(a)

Roof-mounted solar energy systems that use the electricity on site or off site are permitted as an accessory use in all zoning districts when attached to any lawfully permitted building, subject to the following requirements:

[1]

Building permits shall be required for installation of all roof-mounted solar energy systems.

[2]

Roof-mounted solar energy systems shall not exceed the maximum height restrictions contained in Table 2, Density and Dimensions.

[3]

When feasible, solar panels facing the front yard must be mounted at the same angle as the roof's surface with a maximum distance of 18 inches between the roof and the highest edge of the solar panels at maximum tilt.

[4]

Roof-mounted solar energy systems shall be constructed and operated in compliance with the New York State Uniform Fire Prevention and Building Code.

(b)

Roof-mounted solar energy systems that use the energy on site or off site shall be exempt from site plan review under the local zoning code or other land use regulations.

(2)

Ground-mounted solar energy systems. Ground-mounted solar energy systems that use the electricity primarily on site are permitted as accessory structures in all zoning districts, subject to site plan and special permit approval by the Planning Board and the following requirements:

(a)

In addition to the application requirements for special use permits and site plan review, set forth at §§ 180-55 and 180-56, respectively, the following additional information shall be submitted:

[1]

Nameplate Capacity of the Solar Energy System (as expressed in kW or MW); and

[2]

A preliminary equipment specification sheet that documents all proposed solar panels, system components, mounting systems, racking system details, battery energy storage system, and inverters that are to be installed. A final equipment specification sheet shall be submitted prior to the issuance of building permit.

(b)

Building permits shall be required for installation of all ground-mounted solar energy systems.

(c)

Ground-mounted solar energy systems shall adhere to the height, setback, and maximum percent parcel coverage of the underlying zoning district, as shown in Table 2, Density and Dimensions.[1] In determining the maximum percent parcel coverage, the total square footage of the solar panels, along with the impervious footprint of the solar energy systems, shall be included along with any other structures on the parcel.

[1]

Editor's Note: Table 2 is included as an attachment to this chapter.

(d)

In residential districts, no ground-mounted solar energy systems shall be installed in front yards.

(e)

Ground-mounted solar energy systems shall be screened when possible and practicable from adjoining lots and street rights-of-way through the use of architectural features, earth berms, landscaping, fencing or other screening which harmonizes with the character of the property and the surrounding area to the extent that the screening does not interfere with normal operation of the solar energy systems.

(f)

Ground-mounted solar energy systems shall not be sited within any required buffer area.

(g)

All solar collectors and related equipment shall be surfaced, designed, and sited so as not to reflect or cast glare onto adjacent properties or roadways. All structures and devices used to support solar collectors shall be nonreflective and/or painted a subtle or earth-tone color to aid in blending the facility into the existing environment.

(h)

Ground-mounted solar energy systems shall be constructed and operated in compliance with the New York State Uniform Fire Prevention and Building Code.

Approval standards for large-scale solar energy systems as a special use.

(1)

Large-scale solar energy systems are permitted within the Light Industrial 1 (LI-1), Light Industrial 2 (LI-2), and Agriculture (Ag) Districts as a special use, subject to special use permit approval pursuant to § 180-56 site plan review pursuant to § 180-55 by the Planning Board and the following supplementary regulations contained in this section.

(2)

Large-scale solar energy systems shall adhere to the setback and maximum percent parcel coverage of the underlying zoning district, as shown in Table 2, Density and Dimensions, except as set forth in this section.

(a)

The facility area shall not exceed a maximum size of 50 acres.

(b)

In determining the maximum percent parcel coverage, the facility area shall be used.

(c)

The setback from nonparticipating residence(s), as measured from the nearest property line shall be 350 feet.

(d)

The setback from participating residence(s), as measured from the nearest wall of the building shall be 100 feet.

(3)

Large-scale solar energy systems situated within the Ag District shall adhere to the Ag District standards set forth at § 180-15B. For the purposes of conformance to § 180-15B(7), the extent of permanently preserved open space shall be equivalent to the facility area, as set forth in this section.

(4)

Building permits shall be required for installation of all large-scale solar energy systems.

(5)

Large-scale solar energy systems shall be subject to the environmental performance standards set forth at § 180-24 of this chapter.

(6)

Incorporation of agrivoltaics encouraged. Applicants are encouraged to incorporate agriculture on the same land as the large-scale solar energy system and, where agrivoltaics are not incorporated, shall provide a written statement addressing why incorporation of agrivoltaics is infeasible or undesirable.

(7)

Site plan application requirements. Any application under this section shall meet any substantive provisions contained in § 180-55D that, in the judgment of the Planning Board, are applicable to the solar energy system being proposed. In addition, the following documentation, as applicable, shall be submitted for any large-scale solar energy system:

(a)

If the property of the proposed project is to be leased, documentation of legal consent between all parties, specifying the use of the land for the duration of the project, including easements and other agreements;

(b)

Blueprints showing the layouts of the solar energy system signed by a professional engineer or registered architect;

(c)

Equipment specification sheets for all solar panels, and significant components, mounting systems, and inverters that are to be installed, including an identification of any known or state or federally-classified toxic substances contained in the proposed equipment;

(d)

A property operation and maintenance plan that describes how the solar energy system and property on which it is located will be maintained, including measures for maintaining safe access to the system and a description of how ground cover and screening plantings will be maintained (i.e., mowing and trimming);

(e)

A decommissioning plan that meets the requirements of § 180-52D(5);

(f)

A visual impact assessment that meets the following requirements:

[1]

The applicant shall provide narrative, images, renderings, maps, and other materials to assist the Planning Board in determining potential visual impacts associated with the battery energy storage system. At a minimum, a line-of-sight analysis, from points to be selected in consultation with the Planning Board, must be provided.

[2]

The visual impact assessment materials shall generally conform to NYSDEC Program Policy for Assessing and Mitigating Visual Impacts, in the discretion of the Planning Board.

(g)

Screening and landscaping plan prepared by a licensed landscape architect;

(h)

A map showing the location and species of all native, non-invasive trees of six inches and greater diameter at breast height.

(i)

Identification of the groundwater conditions in the area and all public and private water supply wells within 1,000 feet of the site;

(j)

If requested, documentation detailing the available capacity of the region's existing electric infrastructure and the effect the proposed facility will have on this infrastructure;

(k)

The proposed means of construction and installation of the solar energy equipment, including racking systems and information to substantiate said means of construction, such as a geotechnical report; and

(l)

A site plan, showing the following elements, in addition to the elements listed in § 180-55D(7) as applicable to the project:

[1]

The location of proposed and existing overhead and underground utility and transmission lines;

[2]

The location of any proposed or existing substation, inverter, transformer or equipment enclosures on the site;

[3]

If requested, a description of any necessary upgrades or modifications to existing substations or the necessity for a new substation;

[4]

A description of how the solar energy system's generated energy will connect to the electrical distribution or transmission system or the intended user's electrical system;

[5]

The location and elevations of all transmission lines, support structures, and attachments to the substation(s); and

[6]

Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures.

(8)

Site plan review standards.

(a)

The height of the solar energy system shall not exceed 17 feet. Height is measured from the lowest adjacent grade to the highest point of the structure, including any attachments (such as a lightning-protection device). The Planning Board, in its discretion, may permit the height of the solar energy system to exceed 17 feet where the Board finds that greater height is required to accommodate agrivoltaics or farming operations, as defined in the zoning law, within the facility area. Large-scale solar energy systems shall be enclosed by perimeter fencing 8 1/2 feet tall to restrict unauthorized access. Clearly visible warning signs with the owner's contact information shall be posted at the entrance and perimeter of the fencing.

(b)

Solar energy equipment, and accessory structures shall, to the extent reasonably possible, use materials, colors, and textures that will blend the solar energy system with the existing environment.

(c)

Reasonable efforts, as determined by the Planning Board, shall be made to place all on-site power lines underground, depending on the appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. On-site transformers and the utility interconnection equipment shall, to the maximum extent practicable, be placed on the ground and not on utility poles. The location of all proposed equipment, including the proposed utility interconnection, shall be shown on the site plan. If at the time of the site plan approval the final utility interconnection has not been designed and/or approved by the utility company, the Planning Board may conditionally approve the site plan with the condition that the applicant return for final site plan review once the interconnection has been designed.

(d)

The Planning Board may impose conditions on its approval of any site plan under this section in order to enforce the standards referred to in this section or in order to discharge its obligations under the State Environmental Quality Review Act (SEQRA).

(9)

Screening, buffering, landscaping, and vegetation management.

(a)

If the buffering and screening plan utilizes vegetative planting, the plantings shall consist of noninvasive evergreen trees or bushes, deer-and weather-resistant plant species, or other noninvasive species as otherwise recommended by the landscape architect, planted no more than eight feet apart and at least four feet tall at time of planting, or as otherwise required by the Board, or as may be recommended as part of the visual impact assessment. The buffer shall obtain a height of at least 10 feet within five growing seasons. Invasive species shall not be planted as part of the landscape buffer.

(b)

Adequate measures to screen the large-scale solar energy system through landscaping, grading, or other means so that views of solar panels and solar energy equipment from public roadways and adjacent properties shall be minimized to the maximum extent feasible.

(c)

The Planning Board may elect to waive certain screening and landscaping requirements in select locations based on an applicant's demonstration of nonimpact or impact mitigation on adjacent parcels.

(d)

The Planning Board may require a landscaping maintenance performance security, in the form of cash or other form acceptable to the Town, to ensure the proper maintenance and continued viability of the landscaping surrounding the solar site.

(e)

Native perennial vegetation shall be used to establish permanent vegetative cover within the facility area.

(f)

The use of herbicides as part of ongoing maintenance operations shall be prohibited unless a showing by the applicant that use of such methods is required as part of best practices necessary to manage vegetation, such as invasive species, or as part of sound agricultural practices, as defined under NYS AML. Any herbicide use shall be in accordance with applicable NYSDEC and other recognized standards.

(10)

Tree clearing. The clearing of all native, noninvasive trees and woods shall be minimized to the maximum extent practical. In no case is the clearing of all native, noninvasive trees of an area larger than five acres permitted. In addressing the requirements of this section, the Planning Board, in its discretion, may require an evaluation of existing mature trees prepared by a qualified arborist or other professional, with associated expenses borne solely by the applicant.

(11)

Decommissioning plan. To ensure the proper removal of large-scale solar energy systems, a decommissioning plan that meets the following requirements shall be required for all large-scale solar energy systems:

(a)

Compliance with this plan shall be made a condition of special use permit and site plan approval.

(b)

Decommissioning requires removal of the solar energy system, including but not limited to removal of solar panels, solar energy equipment, associated buildings, cabling, electrical components, and any other associated facilities below grade as described in the approved decommissioning plan.

(c)

The decommissioning plan must:

[1]

Specify that after the large-scale solar energy system has been abandoned or can no longer be used, it shall be removed by the applicant or any subsequent owner. For purposes of this section, "abandonment" shall have the same meaning as set forth in § 180-52(7), below;

[2]

Describe how the removal of all infrastructure and the remediation of soil and vegetation shall be conducted to return the site to its original state prior to construction. For purposes of this section, "original state" requires restoration of vegetative cover;

[3]

Provide for the removal of all hazardous materials from the property and disposition of hazardous material in accordance with federal and state law;

[4]

Describe the anticipated life of the large-scale solar energy system;

[5]

Include a cost estimate, which takes into account inflation, prepared by a professional engineer detailing the projected cost of executing the decommissioning plan; and

[6]

Include a timeline for execution, not to exceed one year.

(d)

Prior to the issuance of a certificate of compliance from the Code Enforcement Officer, the applicant must provide the Town with a performance guarantee as provided below. The amount of the guarantee shall be the estimated decommissioning cost provided in the approved Decommissioning Plan.

[1]

The following types of performance guarantees are permitted:

[a]

A surety or performance bond that renews automatically, includes a minimum sixty-day notice to the Town prior to cancellation, is approved by the Town Attorney, and is from a company on the United States Department of Treasury's Listing of Certified Companies.

[b]

A certified check deposited with the Town to be deposited by the Town in an interest-bearing account, with all interest accruing to the applicant. The Town shall be permitted to draw from the account in the event that the applicant fails to carry out the decommissioning plan. Funds deposited with the county finance director will be returned when the system is decommissioned and any required site restoration is completed.

[c]

A no-contest irrevocable letter of credit issued by a banking corporation licensed to do business in the State of New York. The terms of the letter must include the absolute right of the Town to withdraw funds from the bank upon certification by the Code Enforcement Officer that the terms of the performance guarantee have been breached. The letter of credit must be valid up to 12 months from the date the performance guarantee was approved and shall be continuously renewed or extended until the decommissioning plan is carried out.

[2]

The full amount of the surety or bond, certified check, or letter of credit must remain in full force and effect until the large-scale solar energy system is decommissioned and the necessary site restoration is complete. Any successor in interest to the applicant shall be subject to these provisions to the same extent as the original applicant.

[3]

The decommissioning plan shall run to the benefit of the Town of Athens and be executed by the operator as well as the owners, and such signatures shall be notarized in a format that allows the plan to be recorded at the Office of the Greene County Clerk. This document shall be recorded as an irrevocable deed restriction indexed against the property upon which the solar energy system is to be constructed.

(12)

Modifications. All material modifications to a large-scale solar energy system made after initial site plan approval and the issuance of the required building permit shall require approval by the Planning Board.

(13)

Annual report. As a condition of special use permit approval, an annual report shall be required. The large-scale solar energy system owner shall, on a yearly basis, provide the Code Enforcement Officer a report meeting the following requirements:

(a)

The report shall show the rated capacity of the system and the amount of electricity that was generated by the system and transmitted to the grid over the most recent twelve-month period.

(b)

The report shall identify any change in ownership of the large-scale solar energy system and/or the land upon which the system is located and shall identify any change in the party responsible for decommissioning and removal of the system upon its abandonment.

(c)

The annual report shall be submitted no later than 45 days after the end of the calendar year.

(d)

Every third year, to coincide with the filing of evidence of financial security, the annual report shall also include a recalculation of the estimated full cost of decommissioning and removal of the major solar energy system. The Code Enforcement Officer may require an adjustment in the amount of the surety to reflect any changes in the estimated cost of decommissioning and removal. Failure to submit a report as required herein shall be considered a violation subject to the penalties of the Town's zoning law.

(14)

Abandonment and decommissioning. Large-scale solar energy systems are considered abandoned after one year without active and continuous electrical generation and shall be decommissioned and removed from the property at the owner's or operator's expense pursuant to the decommissioning plan submitted with the applicant's site plan application. If the large-scale solar energy system is not decommissioned after being considered abandoned, the Town may, in addition to the Town's other available remedies, remove the system, restore the property, and impose a lien on the property to cover these costs to the Town.

(15)

Safety. As a condition of special use permit approval, the following requirements shall apply:

(a)

Emergency preparedness and response.

[1]

The large-scale solar energy system owner or operator shall provide a copy of the blueprints and site plan to the responding fire department and other involved emergency services entities. Upon request, the owner or operator shall cooperate with local emergency services to develop an emergency response plan. All means of shutting down the solar energy system shall be clearly marked, in accordance with applicable codes and at the direction of the authority having jurisdiction.

[2]

The owner or operator shall be required, at its sole expense, to provide training to the fire department and other responding personnel at intervals to be agreed upon by the fire chief.

[3]

The responding fire department and, as applicable, any additional involved first responders shall be provided means of obtaining twenty-four-hour access to the large-scale solar energy system facility. The means of access shall be determined by the authority having jurisdiction or as may otherwise be required by the Town and/or applicable code.

(b)

The owner shall be required to provide a service level agreement (SLA) that addresses the following:

[1]

Provision of a twenty-four-hour single point of contact for any matter, including emergency situations and other concerns as may arise, relating to the large-scale solar energy system facility. The SLA must specify a maximum fifteen-minute call back time.

[2]

A reasonable time period within which the owner must make a subject matter expert available on-site to respond to such incidents as may reasonably require personnel with specialized knowledge of the facility on-site.

[3]

Any other such provisions as may reasonably be identified by the Planning Board.

(c)

The solar panels shall use non-toxic materials in their construction to the maximum extent practical. Should the large-scale solar energy system facility incorporate the use of toxic substances, the Planning Board, in its discretion, may require environmental sampling and monitoring as may reasonably be necessary to address presence of such toxic materials on the site.

(16)

Compliance with laws, ordinances, and regulations. The construction and operation of all large-scale solar energy systems shall be in compliance with all applicable local, state, and federal laws, ordinances, and regulations, including but not limited to all applicable safety, construction, electrical, and communications requirements.

§ 180-53 Commercial event venues.

[Added 11-10-2022 by L.L. No. 1-2022]

Restaurants with banquet facilities where commercial event venues are accessory to the restaurant shall not be subject to this section.

No vehicles associated with the event shall be permitted to be parked on public roadways. All vehicle parking shall be maintained "on site." "On site" is defined as at least 100 feet from the property boundaries of the parcel on which the event is permitted.

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

The general event area [the actual location(s) in which the gathering is to occur] shall be located 300 feet from adjacent owners' property lines. All activities associated with the use are to be included within the general event area, the only exception being the parking as allowed by Subsection B above.

Sources of amplified sound, including but not limited to recorded music, live musical performances, and spoken word, shall commence no earlier than 12:00 noon and shall be terminated by 10:00 p.m. Tents, pavilions and other open/nonenclosed structures shall be considered an acceptable location for the source of amplified sound as referenced in this code section.

Fireworks, firecrackers and/or loud reports displays are not allowed except as permitted by an agency or department of the State of New York.

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

No alcoholic beverages are permitted to be sold. Food and alcoholic beverages may be consumed on site.

No more than 300 persons are allowed at a special event venue.

Adequate sanitary restroom facilities shall be provided on site, and the type, design and location of such facilities and the method of sewage disposal from restroom facilities shall be subject to the approval of the Planning Board.

In each year subsequent to the special permit approval, a person holding a special permit under this section shall submit to the Planning Board a schedule of events for the calendar year. Said submittal shall be made no later than April 1. At that time, the permit holder shall identify any changes that have been made to the venue site since prior events. Material changes shall trigger the need to apply to the Town of Athens Planning Board for a modified site plan approval. At that time, the permit holder shall also pay the appropriate fee based on the proposed schedule of events. The Planning Board shall be notified in advance of additional events not appearing on the original schedule of events for that year. Such submittal to the Planning Board shall also include, for each event listed in the schedule of events, the name and phone number of the owner or agent of the owner who shall be on site for said event.

There shall be a fee paid at the time of the initial application and additional fees upon Planning Board approval based upon the number of anticipated events. The amount of fees shall be established in a schedule of fees set from time to time by resolution of the Town Board. Not-for-profit organizations shall be exempt from fees. The gathering of the same group, or portions of the same group, on consecutive days shall constitute one event.

Athens Town City Zoning Code

ARTICLE III

§ 180-19 Applicability.

§ 180-20 Off-street parking.

§ 180-21 Off-street loading.

§ 180-22 Lot coverage.

§ 180-23 Height regulations.

§ 180-24 Environmental performance standards.

§ 180-25 Agricultural buffers.

§ 180-26 Keeping of animals.

§ 180-27 Accessory buildings or structures.

§ 180-28 Flood prevention.

§ 180-29 Traffic access and control.

§ 180-30 Streams and wetlands.

§ 180-32 Development on steep slopes.

§ 180-33 Erosion and sedimentation control.

§ 180-35 Temporary structures.

§ 180-36 Signs.

§ 180-37 Home occupations.

§ 180-38 Roadside stands.

§ 180-39 Future streets.

§ 180-40 Storage of manufactured homes, boats, trailers and trucks.

§ 180-41 Mining, excavation, removal, filling and depositing.

§ 180-42 Multifamily dwellings.

§ 180-43 Accessory apartments.

§ 180-44 Motor vehicle junkyards.

§ 180-45 Autobody or major repair shops.

§ 180-46 Bed-and-breakfast inns.

§ 180-47 Fueling stations.

§ 180-48 Kennels and veterinary hospitals.

§ 180-49 Motels, resorts and eating or drinking establishments.

§ 180-50 Wind energy conversion systems.

§ 180-51 Conservation standards.

§ 180-52 Solar energy.

§ 180-53 Commercial event venues.