Visibility from adjacent parcels.

Structure is sufficiently anchored to prevent movement due to wind, high water, etc.

Structure does not extend beyond the natural high-water shoreline.

Other reasonable conditions deemed necessary by the permitting board.

Any fence established within 50 feet of the shoreline (based on high water level of 1,310.5 feet MSL) shall be by special use permit only. Consideration shall be given to the supplemental § 405-505 on fences and the following:

Preexisting fences over four feet in height shall be subject to a special use permit review to determine if a nuisance exists. If so, the nuisance shall be corrected within a reasonable time period as determined by the permitting board.

Purpose. Unique lakeshore properties where development density is very high should be preserved and upgraded to encourage a high grade of development for this limited resource.

Items allowed to be stored outdoors: items traditionally stored or used outdoors, such as recreational vehicles (boats, ATVs, motor homes, snowmobiles, etc.).

Conditions:

Setbacks. Excavation, stockpiling, blasting or the operation of power-activated sorting machinery should not be allowed within 350 feet of any public road or property line whenever practical. The Planning Board shall consider the following items when arriving at a determination:

Fencing. Fencing or berm may be necessary for public safety as determined by the Planning Board. The Planning Board shall consider the type and height of fence or berm and the areas to be fenced or bermed. Consideration shall be given to:

Buffers. As part of the effort to restrict access to the property, existing trees and ground cover shall be maintained along public road frontage and property boundaries to the greatest degree possible. Where open space exists, depending on the type and intensity of the operation, consideration shall be given to requiring the planting of appropriate trees or shrubs.

Dust control. The Planning Board shall consider the following factors when determining how to best control dust produced by the operation:

Hours of operation. Quarry operations should be conducted only during the hours from 7:00 a.m. to 6:00 p.m., Monday through Saturday.

Minimum lot area. In no event should minimum lot area be less than five acres.

Parking. Off-street parking should be provided for each employee's vehicle plus sufficient loading and waiting space.

Public roads. Not more than one entrance and one exit from a highway or road shall be provided to the area of operation. Such entrance shall be subject to the approval of the Superintendent of Highways having jurisdiction and shall be located as to avoid, to the greatest degree possible, the routing of vehicles to and from the operation over streets and roads that primarily serve residential areas. The applicant should make every effort to minimize dust, noise and mud near the entrance and exit. The Planning Board may also limit the routing of mineral transport vehicles on Town thoroughfares.

Requirements and enforcement of mined land reclamation permit. If pursuant to § 23-2711(3) of the Environmental Conservation Law the Department of Environmental Conservation has placed requirements on the applicant's mined land reclamation permit, the Planning Board may make those requirements conditions to the issuance of a special use permit and may also place conditions on said special use permit reasonably designed to enforce said requirements, including, but not limited to, fines for violations thereof.

All New York State Department of Environmental Conservation regulations on mined land reclamation shall apply where applicable in the following areas:

Proof that the New York State Department of Environmental Conservation has been contacted as required (e.g., a response letter from the DEC).

The following uses, as hereinbefore defined, shall be designated adult uses:

Adult uses shall be a permitted use in that portion of the Conservation/Agricultural/Mobile Home Park (CAMP) District bordered on the south by the Commonwealth of Pennsylvania, on the east by Wellman Road, on the north by Kortwright Road, and on the west by the Town of Harmony only, provided that:

A person may operate an adult-use business only within that portion of the Conservation/Agricultural/Mobile Home Park (CAMP) District of the Town of Busti bordered on the south by the Commonwealth of Pennsylvania, on the east by Wellman Road, on the north by Kortwright Road, and on the west by the Town of Harmony, in accordance with the provisions of this chapter.

Prior to the commencement of any adult-use business or upon any transfer of ownership or control, the premises must be inspected and found to be in compliance with all laws, rules and regulations of the State Liquor Authority, Health Department, Fire Department and Town Code Enforcement Officer, Fire Marshal and other code enforcement officials.

The Health Department, Fire Department and Town Code Enforcement Officer, State Liquor Authority, Fire Marshal and other code enforcement officials shall complete their certification that the premises is in compliance or not in compliance within 20 days of the inspection of the premises by such officials. The certification shall be promptly presented to the Town Code Enforcement Officer.

The Town Code Enforcement Officer shall suspend the right to conduct such adult use for a period not to exceed 30 days if the Officer determines that the owner and/or operator or an employee of the owner and/or operator has:

An applicant or permittee and/or licensee shall permit representatives of any federal, state or local law enforcement authority, health department, fire department, zoning office or other Town departments or agencies to inspect the premises of an adult-use business for the purpose of ensuring compliance with the law at any time it is occupied or open for business.

Prior to any suspension, the Town Code Enforcement Officer shall provide the owner and/or operator a notice with the grounds for the suspension. The notice stating the grounds shall be provided to the owner and/or operator in writing. The owner and/or operator has the right to present its response to this notice to the Town Code Enforcement Officer within 10 days of receipt of said notice. The response may be made in person, orally or in writing. The Town Code Enforcement Officer may not suspend the right to conduct such adult use until 15 days after the notice is given to the owner and/or operator or until after receiving the owner's and/or operator's response, whichever is sooner.

Any adult-use business lawfully operating on the effective date of this section that is in violation of the locational or structural configuration requirements of this chapter shall be deemed a nonconforming use.

An adult-use business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the operation of the adult-use business, of a church, public or private elementary or secondary school, public park, residential district or a residential lot within 250 feet of the adult-use business.

A person who knowingly owns, manages, operates, conducts or maintains any of the uses governed by these provisions in any way which is contrary to these regulations shall be subject to prosecution under Article XI of this chapter of the Code of the Town of Busti or, in the alternative, violation of this chapter may be enforced by injunction.

The continuation of a violation of the provisions of this section shall constitute, for each day the violation is continued, a separate and distinct offense hereunder.

Each violation of the provisions of this section shall subject the owner and/or operator to a fine in the amount of $250 for each such violation, in addition to any other penalties otherwise imposed hereunder.

If any part or provision of this section or the application thereof to any persons or circumstances shall be judged invalid, such judgment shall be confined to the part or application adjudged to be invalid. Such decision shall not affect the validity of the section as a whole or any part thereof, other than the part so decided to be invalid.

It is the purpose of this section to promote the safe, effective and efficient use of small wind energy systems installed to reduce the on-site consumption of utility-supplied electricity while providing reasonable controls to protect public health and safety without significantly increasing the cost or decreasing the efficiency of a wind energy system.

The Town of Busti recognizes that privately owned small wind turbines are nonpolluting, help reduce reliance on fossil fuels, help reduce public utility electrical demand and contribute to the efficiency of the utility grid.

The Town of Busti further recognizes that small wind turbines are substantively different from commercial wind farms and from commercial cellular or radio towers as they are designed to supply electrical power for the owner and are not typically revenue-generating ventures. The much larger-scale wind turbines and wind farms intended to sell energy directly to power companies or retail users are not permitted uses under the Town of Busti Zoning Code.

The Town of Busti finds that wind energy is an abundant, renewable and nonpolluting energy resource and that its conversion to electricity will reduce our dependence on nonrenewable energy resources and decreases the air and water pollution that results from the use of conventional energy sources. Distributed small wind energy systems will also enhance the reliability and power quality of the power grid, reduce peak power demands, and help diversify the local energy supply portfolio. Small wind systems also make the electricity supply market more competitive by promoting customer choice.

A number of laws and programs encourage the use of small-scale renewable energy systems, including rebates, net metering, tax credits, and other incentives. However, many existing local zoning laws fail to permit such systems or contain restrictions which, while not intended to discourage the installation of small wind turbines, can substantially increase the time and costs required to obtain necessary construction permits.

Therefore, we find that it is necessary to standardize and streamline the proper issuance of building permits for small wind energy systems so that this clean, renewable energy resource can be used in a cost-effective and timely manner.

No small wind energy system shall be constructed, modified or operated in the Town of Busti except by obtaining a permit therefor as provided in this subsection.

If the applicant for a small wind energy system can demonstrate that the proposed system meets all the requirements set out in Subsections F and G hereof, the Code Enforcement Officer may issue a small wind energy facility permit for the system.

The Town of Busti Planning Board shall have sole discretion to review, consider and issue a permit for all other proposed small wind energy systems that cannot meet the development and construction standards hereof. The Planning Board may, after a public hearing, so long as the waiver request is detailed in the public notice, grant a waiver from the strict application of the provisions of this subsection if, in the opinion of the Planning Board, the grant of said waiver is in the best interests of the Town. The Planning Board may consider as reasonable factors in evaluating the request the impact of the waiver on the neighborhood, including the potential detriment to nearby properties, the benefit to the applicant, feasible alternatives, and the scope of the request. The Planning Board may attach such conditions as it deems appropriate to waiver approvals as it deems necessary to minimize the impact of the waiver.

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

Name, address and telephone number of the property owner. If the property owner is not the applicant, the application shall include a letter or other written permission signed by the property owner:

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

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

A plot plan drawn to scale to the extent possible and in sufficient detail to show the proposed location of the small wind energy system in relation to all structures, property lines, and public roads within a 500-foot radius of the system, including a circle drawn around the proposed location depicting the setback requirements set out below.

A line drawing of the electrical components of the system in sufficient detail to allow for a determination that the manner of installation conforms to the Electric Code of the Town of Busti and the New York State Building Code.

Tower height. Tower height shall not exceed 120 feet and shall be exempt from any other height restrictions of this chapter. To prevent wind turbulence harmful to the small wind energy system, the minimum height of the lowest part of any horizontal or vertical axis wind turbine blade shall be at least 30 feet above the highest structure or tree within a radius of 250 feet. The Planning Board may modify this requirement if the applicant demonstrates that a lower height or smaller radius will not jeopardize the safety of the wind turbine structure.

Setbacks. The following standards shall apply to small wind energy systems:

Number of systems. No lot under five acres in size shall contain more than one small wind energy system.

Noise. Small wind energy systems shall not exceed 50 dBA, as measured at the closest neighboring inhabited dwelling at the time of installation, except during short-term events such as severe wind storms and utility outages.

Compliance with New York State Uniform Building Code. The application for a small wind energy system shall be accompanied by standard drawings of the wind turbine structure, including the tower, base and footings. An engineering analysis of the tower showing compliance with the New York State Uniform Building Code and certified by a licensed professional engineer shall also be submitted. This requirement may be satisfied by documentation presented by the manufacturer.

Compliance with National Electric Code. The application for a small wind energy system shall be accompanied by a line drawing of the electrical components on a plot plan in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code. This requirement may be satisfied by documentation supplied by the manufacturer.

Compliance with FAA regulations. Small wind energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports. The allowed height shall be reduced to comply with all applicable federal aviation requirements, including Subpart B (commencing with Section 77.11) of Part 77 of Title 14 of the Code of Federal Regulations regarding installations close to airports.

Utility notification. No small wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

Liability insurance. Prior to the construction of any small wind energy system, and on an annual basis thereafter, the owner shall provide proof in the form of a duplicate insurance policy or a certificate issued by an insurance company that liability insurance has been obtained to cover damage or injury which might result from the use of the system or any part thereof.

Exterior lighting on any structure associated with the small wind energy system shall not be allowed, except that which is specifically required by the Federal Aviation Administration.

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

All on-site electrical wires associated with the system shall be installed underground, except for tie-ins to a public utility company and public utility company transmission poles, towers and lines.

At least one sign shall be posted on the tower at a height of five feet warning of potential electrical shock or high voltage and potential harm from revolving machinery.

No brand names, logo or advertising shall be placed or painted on the tower, rotor, generator or tail vane where it would be visible from the ground, except that a system or tower manufacturer's logo may be displayed on a system generator housing in an unobtrusive manner.

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

Anchor points for any guy wires for a system tower shall be located within the property that the system is located on and not on or across any aboveground electric transmission or distribution lines. The point of attachment for the guy wires shall be sheathed in bright orange or yellow covering from three to eight feet above the ground.

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

In addition to any fee schedule adopted by the Town of Busti Town Board, there shall be a nonrefundable application fee as follows:

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

The Town Board may appoint such Town staff or outside consultants as it sees fit to enforce this section.

Any person owning, controlling or managing any building, structure or land who shall undertake a wind energy conversion facility in violation of this section or in noncompliance with the terms and conditions of any permit issued pursuant to this section, or any order of the Code Enforcement Officer, and any person who shall assist in so doing, shall be guilty of an offense and subject to a fine of not more than $500 or to imprisonment for a period of not more than 15 days, or subject to both such fine and imprisonment for a first offense; for a second offense (both within a period of five years), a fine not less than $500 nor more than $750 or imprisonment not to exceed six months, or both; and for a third or more offense (all of which occurred within five years), a fine not less than $750 nor more than $1,000 or imprisonment not to exceed six months, or both. Every such person shall be deemed guilty of a separate offense for each week such violation shall continue. The Town may institute a civil proceeding to collect civil penalties in the amounts set forth herein for each violation, and each week said violation continues shall be deemed a separate violation.

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

No more than six special use permits for sawmills shall be permitted in the Town at any time. Special use permits issued pursuant to this section shall not be assignable or transferable.

No special use permit shall issue unless the application complies with the following terms and conditions, which also shall be included as terms and conditions of the permit:

This section shall not apply to sawmills lawfully existing outside the CAMP District at the time of the adoption of the first Town of Busti Zoning Code in 1968, which may continue as nonconforming uses pursuant to and subject to Article X of this chapter. All other properties shall conform to the provisions hereof immediately upon the effective date of this chapter.

Any failure or omission on the part of the special use permit holder to carry out any condition or requirement of this section or to operate in accordance with the terms or requirements of any statute, local law, ordinance or regulation, may be deemed a violation of the Town of Busti Zoning Law and unless corrected in not more than 10 days following the service of written notice of such violation upon the permit holder, may subject them to the penalties therein. Continued violations after written notice may result in revocation of the special use permit.

No motor vehicle service station shall have a vehicular entrance closer than 200 feet to the entrance of a church, school, theater, hospital, public park, playground, library, public administrative building or fire station, such measurement shall be taken as the shortest distance between such entrances, across the street if the entrances are on opposite sides of the street, and along the street frontage of both entrances where both entrances are on the same side of the street within the square block.

All motor vehicle service stations shall be so arranged, and all gasoline pumps shall be so placed as to require all servicing on premises and outside of the public right-of-way; no gasoline pump shall be placed closer to any side property line than 50 feet and no closer to any street or highway than 35 feet.

All fuel, oil or similar substance shall be placed at least 35 feet from any street or lot line. Underground gasoline tanks shall be located at least 35 feet from any street or highway right-of-way.

A vehicle service station shall not be located within 100 feet of a residential district. The measurement shall be from the closest lot line to the closest lot lines.

No vehicle service station shall be located on any lot of an area less than 1/2 acre and a continuous street frontage of not less than 150 feet.

No junk vehicles shall be stored on the outside. Inoperative or disabled vehicles shall be placed on the premises for no longer than three weeks, and in no event shall more than four such vehicles be placed on the premises at any one time.

There shall be no outside storage of supplies, tires, drums, motors and motor parts, except within a closed structure or fence which shall render such items not to be visible from off the property.

Any person, as of January 1, 1982, operating a mobile home park may continue to do so without obtaining a special permit. Any such person or any person claiming a nonconforming use to operate such a mobile home park may, by providing sufficient proof of such prior operation of such nonconforming use, obtain a certificate of prior use from the Code Enforcement Officer. Any such person denied a certificate of prior use from the Code Enforcement Officer may appeal such denial from the Zoning Board of Appeals, which may issue such certificate if such right to such certificate is established. Any mobile home park which is discontinued for one year shall not be resumed by any person without the issuance of a special use permit.

Applicants for a special use permit to operate a mobile home park shall submit the following:

All applications shall be accompanied by an application fee of $1,000 (nonrefundable).

Upon the receipt of such application and any necessary supplementary information, the Town Board shall set a date for a public hearing in regard to the granting of such permit, and a notice of such public hearing shall be published in the official Town newspaper no earlier than 20 days and no later than 10 days before the date of such public hearing.

At the time of the public hearing, the applicant must present to the Town Board an affidavit certifying that written notice of the public hearing was given by the applicant to all owners of real property, as shown on the latest completed assessment roll, within 500 feet of the premises for which said permit is sought. Such notice must be given no earlier than 20 days and no less than 10 days before the date of such public hearing.

At the time of the public hearing, the applicant must present to the Town Board a statement from 50% of the owners of real property, as shown on the latest completed assessment roll, within 500 feet of the subject premises that such owners are in favor of granting such permit to the applicant. Such statement must be sworn and subscribed to by a notary public. (Such approval may not be required with renewal of application.)

No permit shall be granted for the operation of a mobile home park unless the following basic requirements are complied with:

Person to whom a permit for a mobile home park is issued shall operate the park in compliance with this chapter and shall notify park occupants of all applicable provisions of this chapter.

A special use permit granted to a person for the purpose of establishing a mobile home park shall be valid for a period of three years from issuance and may be renewed by the Town Board upon application of the person to whom such permit is issued after a public hearing is held, for which a notice of such hearing shall be published in the official newspaper of the Town not earlier than 20 days and not later than 10 days before the date of such hearing.

Failure to comply with the provisions of this section shall constitute a basis for revocation by the Town Board of any permit granted hereunder. However, no special use permit for a mobile home park shall be revoked unless the person to whom it is issued shall have had an opportunity to be heard by the Town Board and the Town Board shall issue findings consistent with its decision.

Lot size.

Physical plant.

Load and unload areas/parking.

Outside recreation.

Signs.

Fire safety.

Educational services to be provided.

Meals.

Adjacent uses.

Buffers.

Social services: proof that the applicant has contacted the Department of Social Services for any registrations or permits that may be required.

Compliance with state and local laws.

Other conditions.

To take advantage of a safe, abundant, renewable and non-polluting energy resource;

To decrease the cost of electricity to the owners of residential and commercial properties, including single-family houses;

To invest in a locally generated source of energy to increase employment and business development in the Town of Busti to the extent reasonably practical by furthering the installation of solar energy systems;

To provide other benefits to the Town and its residents to mitigate impacts from the solar project;

To mitigate the impacts of solar energy systems on environmental resources such as important agricultural lands, forests, wildlife and other protected resources. The use of small-scale, on-farm sources alternative to energy generation is beneficial to local farmers allowing them the ability to cut utility costs and/or supplement their income;

To protect adjoining/surrounding property owners by mitigating the potential impacts from large scale solar installations;

To aid in the energy independence of the community as well as the country;

To create zoning regulations in accordance with the Town's Comprehensive Plan and other regional planning documents.

The requirements of this section shall apply to all solar energy systems permitted, installed or modified after the effective date of this section, excluding general maintenance and repair.

Modifications to an existing solar energy system that increase the solar energy system area by more than 5% of the original area of the solar energy system (exclusive of moving any fencing) shall be subject to this section.

All solar energy systems shall be designed, erected, and installed in accordance with all applicable codes, regulations, and industry standards as referenced in the NYS Uniform Fire Prevention and Building Code ("Building Code"), the NYS Energy Conservation Code ("Energy Code"), and the Town Code.

All applicable substantive standards set forth herein are intended to apply to projects sited by the State Siting Board, the Office of Renewable Energy Siting, or any other government body of competent jurisdiction to provide siting approval for power plants within the Town of Busti.

A building permit shall be required for installation of all solar energy systems.

It is the applicant/developer's responsibility to ensure solar skyspace/access.

Issuance of permits and approvals by the Town Board and 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"), when applicable.

All permitted solar energy systems shall be installed by a qualified solar installer.

This section shall not apply to any lot owned by a municipality.

This section shall take precedence over any inconsistent provision of the Zoning Law of the Town.

Roof-mounted solar energy systems.

Building-integrated solar energy systems. Building-integrated solar energy systems shall be shown on the plans submitted for the building permit application for the building containing the system.

Glare. All solar panels shall have anti-reflective coating(s) which do not contain any hazardous substances and proof of such must be provided with the building permit application.

Setbacks. Tier 2 solar energy systems shall be set back a minimum of 50 feet from any side or rear property line. All ground-mounted solar energy systems shall only be installed in the side or rear yards. In all cases, the solar panels shall be located a minimum of 75 feet from any dwelling unit on an adjoining non-participating property.

Height. Tier 2 solar energy systems shall be less than 12 feet in height.

Screening and visibility.

The application process for the installation of Tier 3 solar energy system shall be:

Design and application requirements. Applications for Tier 3 Solar projects shall address and include the following:

An agricultural impact statement to determine the impact to Agriculture in the Town. The Town of Busti has a standard Agricultural Impact Statement Table of Contents that will be provided to the applicant. The Planning Board, on a project-by-project basis, will work with the applicant on finalizing the requirements of this Agricultural Impact Statement.

An economic impact analysis to determine the impact to the economy of the Town. This includes the agricultural impacts in the agricultural impact statement and information as noted by the Town Planning Board.

Any Tier 4 solar energy system located on lands that consist of Prime Farmland soils or Farmland soils of Statewide Importance shall not exceed 50% of the area of Prime Farmland or Farmland of Statewide Importance on the parcel or project site as a whole (if multiple parcels are included) upon which panels and other solar energy equipment (the fenced in area) are to be installed. Any program in which the applicant participates that provides for the use of the land within the fenced in area as farm related uses may be excluded from this 50% coverage threshold calculation based on the amount of space actually occupied by the farm use. This exclusion will only be allowed based on the Planning Board's determination that these lands are being used for actual agricultural uses.

If the project proposes to affect more than 50% of these Prime or Statewide Important soils, the applicant may purchase or lease (for the lease period of the proposed project) development rights, of an equal amount of land over the 50% threshold, of another farm within the Town of Busti with Prime or Statewide Important soils located on that land to offset the farmland used or leased in the primary project area. The purchase or lease of the development rights becomes perpetual or so long as project is viable and until fully decommissioned.

A plan illustrating property lines and physical features, including roads, for the project site.

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

A one- or three-line electrical diagram detailing the solar energy system layout, solar collector installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and over current devices.

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

Name, address, and contact information of proposed or potential system installer and the owner and/or operator of the solar energy system. Such information of the final system installer shall be submitted prior to the issuance of building permit.

Name, address, phone number, and signature of the project applicant, as well as all the property owners, demonstrating their consent to the application and the use of the property for the solar energy system.

Zoning district designation for the parcel(s) of land comprising the project site.

Property operation and maintenance plan. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing and trimming (or other methodologies).

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 by the Planning Board.

Engineering documents must be signed and sealed by a New York State (NYS) Licensed Professional Engineer or NYS Registered Architect.

A completed SEQR Full Environmental Assessment Form.

A Landscape Plan in accordance with the special use permit requirements of this chapter.

A calculation of the area of the solar energy system in acres (as defined in the definition of Tier 3 and Tier 4 systems).

For applications for Tier 4 systems, any off-site infrastructure, including transmission lines and points of grid interconnection (POI), shall be noted on site plans and be included in review of the project. Any off-site POI should be subject to the same safety and visibility requirements as the balance of the project.

Any utility poles constructed as part of a solar project may be made available for co-location by other utilities.

Any such other additional information as may be required by the Planning Board a Town professional engineer or consultant, the Busti Town Board, the Town Attorney, the Town Code Enforcement Officer, or other Town entity.

Specific standards.

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

The applicable fees for any review or permit required by this chapter shall be set from time to time by resolution of the Town Board. These fees will also include an annual fee to cover the costs of processing and reviewing annual inspection reports and for administration, inspections, and enforcement.

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

Contractually obligate the applicant to comply with any terms and conditions of any special use permit approval of the Town Board;

Provide for payment by the applicant to the Town of an impact fee to be used and applied by the Town to pay for and/or offset the costs and impacts incurred by and/or arising due to the development and/or operation of the solar energy system. The amount of such impact fee shall be established by the Town Board by resolution adopted from time to time, based upon the amount of energy produced by the project and such other factors as the Board shall determine;

Provide for such other contractual requirements as may be necessary given the specific elements of a particular project; and

If the applicant and/or owner of the project shall enter into an agreement with the Chautauqua County Industrial Development Agency to provide for an abatement of real property taxes or other tax exemption or abatement, be cross-defaulted with the agreements between the applicant and/or owner and the Chautauqua County Industrial Development Agency.

Solar energy systems and solar energy equipment shall be certified under the applicable electrical and/or building codes as required.

Solar energy systems shall be maintained in good working order and in accordance with industry standards. Site access shall be maintained, including snow removal at a level acceptable to the local fire department and, if the Tier 3 solar energy system is in an ambulance district, the local ambulance corps.

If storage batteries are included as part of the solar energy system, they shall meet the requirements of any applicable zoning code and fire prevention and building code when in use and, when no longer used, shall be disposed of in accordance with the laws and regulations of the Town and any applicable federal, state, or county laws or regulations.

The special use permit and site plan approval for a solar energy system shall be valid for a period of 18 months, provided that construction has commenced. In the event construction is not completed in accordance with the final site plan as may have been amended and approved, as required by the Planning Board, within 18 months after approval, the applicant or the Town may extend the time to complete construction for 180 days. If the owner and/or operator fails to perform substantial construction after 24 months, the approvals shall expire.

Upon cessation of electricity generation of a solar energy system on a continuous basis for 12 months, the Town may notify and instruct the owner and/operator of the solar energy system to implement the decommissioning plan. The decommissioning plan must be completed within 360 days of notification in accordance with the approved decommissioning plan.

If the owner and/or operator fails to comply with decommissioning upon any abandonment, the Town may, at its discretion, utilize the bond and/or security for the removal of the solar energy system and restoration of the site in accordance with the decommissioning plan.

Lot size. For each bedroom proposed to be utilized by a traveler, there shall be an additional lot area of 1,000 square feet over the minimum lot size required by the district.

Number of bedrooms. A maximum of one bed-and-breakfast bedroom shall be allowed for 700 square feet of livable floor space with a maximum of five bedrooms allowed.

Parking. Convenient off-street parking shall be available at a rate of one space per proposed bed-and-breakfast bedroom. These spaces shall be located beyond the minimum front yard setback line. Additional handicap parking spaces will be provided in accordance with the New York State Building Code. Natural or artificial buffers may be required as necessary by the permitting board.

Modifications. All modifications shall be accomplished in accordance with the NYS Uniform Building Code.

Existing structures. Garages or accessory buildings shall not be utilized for bed-and-breakfast living area.

Signs. In addition to all requirements of the supplemental sign section, signs shall be constructed of natural materials and shall not be illuminated. Other reasonable conditions may be imposed in order for the sign to blend into the neighborhood.

Nuisances. Outside activities shall not be permitted by guests where it will create a nuisance or in any way alter the character of the neighborhood.

Other conditions. Any other reasonable condition as deemed necessary by the permitting board shall be permissible.

Fence. Any vehicle stored outside shall be enclosed within an appropriate fence which shall make it possible to view the vehicle.

Hours of operation. The hours of operation shall be derived so as to limit the noise during non-business hours.

Area requirements. The lot on which the shop is to be located shall be a minimum of two acres. The shop shall be allowed only if it is to be located at least 400 feet from existing residential structures located on adjacent parcels.

Buffers. Where deemed necessary, appropriate buffers shall be required.

Lot size. Land area must be sufficient to handle vehicles, ingress and egress, and off-street parking.

Location. All vehicles being offered for sale shall be set back a minimum of five feet from the street edge if a curb exists and minimum of 15 feet from the street edge without a curb and neatly arranged in an organized manner. Vehicles not offered for sale shall be located behind the main building setback line and, if necessary, it may be required that they be fenced in so as not to be visible.

Signs. All signs and advertising devices must comply with the supplemental sign section.

Traffic safety. Ingress and egress must be safely located.

Lot size. A minimum lot size of five acres shall be required.

Floor space. Any habitable recreational camp structure shall, at a minimum, have 150 square feet of living area.

Structure location. A minimum front yard setback of 200 feet shall be required.

Construction. The type, size and method of construction shall be considered. Campers utilized as a dwelling unit shall be licensed, inspected and roadworthy. Mobile homes, trucks and bus bodies shall not be used for a dwelling unit.

Buffer zones. Existing natural buffers should be retained to the greatest degree possible and new buffers should be considered where it is apparent that they are necessary.

Permit. When more than one dwelling unit is being proposed to be placed on the property owned by the applicant, a special use permit shall be required. For a single dwelling, a "by right" permit shall be utilized.

Year-round conversion. The conversion of seasonal camps to year-round housing or any other allowed uses shall be allowed only by special use permit.

Access to public roads. Seasonal camps must either have direct access to a public road or a thirty-foot public right-of-way shall be required to be kept open and cleared for fire protection purposes.

Inhabitation. The maximum inhabitation time annually shall be 180 days. Temporary structures such as tents, shall be limited to a maximum inhabitation of 14 days.

Other requirements. Other reasonable conditions may be required as deemed necessary.

In the driveway, provided setback requirements applicable to the primary structure are met.

Area and setbacks.

Streets and walkways.

Parking. Off-street parking, loading, and maneuvering space shall be provided.

Occupancy. The maximum length of occupancy per year shall be eight months. Trailers shall not be utilized as a permanent residence.

Accessory uses. Accessory uses such as snack bars, showers, laundromats, etc., customarily associated with travel trailer parks shall be permitted. However, the land utilized in this manner should not account for more than 10% of the total area of the park and the services shall be directed toward the occupants of the park. Finally, no commercial character shall be visible from outside the park and such services shall only be allowed when the number of sites is sufficient to support these services.

Location. Parks shall not be located so as to cause heavy traffic to be directed through residential areas not accustomed to heavy traffic.

Supervision. The park owner shall be responsible for having supervisory personnel on premises as necessary during the camping season for the purpose of policing the premises within the limits prescribed to him by law.

Nuisances. The park owner shall prevent any undue proliferation of smoke, dust, or any pollution of the air or water by the campers or campsites. Quiet hours shall be established by the owner as necessary.

Recreational facilities and areas. Sufficient recreational areas shall be set aside in appropriate locations to meet the needs of campers. As a minimum, the acreage established at the campground will be calculated using 500 square feet per campsite. The types of facilities provided (e.g., playgrounds, picnic area, walking paths, etc.) will be based on the estimated age distribution of the campers. A comprehensive recreational plan shall be established and submitted with the application.

All recreational vehicle parks and campgrounds shall meet the following standards:

Home occupation, minor. Minor home occupations, as previously defined, are permitted as an accessory use to a dwelling unit in all districts, if they meet all relevant conditions listed in Subsection C for such use.

Home occupation, major. Major home occupations, as previously defined, may be permitted as an accessory use, by special use permit, to a dwelling unit in the Residential/Agricultural (RA), Conservation/Agricultural (CA) and Conservation/Agricultural/Mobile Park (CAMP) Districts, if they meet all relevant conditions listed in Subsection C for such use.

Home business. Home businesses, as previously defined, may be permitted as an accessory use, by special use permit and site plan review, to a dwelling unit in the Conservation/Agricultural (CA) and Conservation/Agricultural/Mobile Park (CAMP) Districts, if they meet all relevant conditions listed in Subsection C for such use.

Home occupation, minor. In addition to all of the limitations applicable to the district in which it is located, no minor home occupation shall be permitted unless it complies with the following restrictions:

Home occupation, major. In addition to all of the limitations applicable to the district in which it is located, no major home occupation shall be permitted unless it complies with the following restrictions:

Home business. In addition to all of the limitations applicable to the district in which it is located, no home business shall be permitted unless it complies with the following restrictions:

The following types of businesses shall not be considered to be a home occupation:

The following type of businesses shall not be considered to be a home business:

Recognizing that the primary purpose of residential and agricultural districts is not the accommodation of business uses, the burden of proof in demonstrating compliance with these regulations in order to develop and maintain a home occupation shall be upon the applicant.

Major home occupations and home businesses are considered uses that may grow into high-activity uses that are incompatible with surrounding properties and are therefore viewed as interim uses, which means that they are granted for limited periods of time and may not be renewed if the major home occupation or home business can no longer comply with the conditions listed for such use within this supplemental section.

Quantity. Trash may be temporarily stored or collected if it does not exceed the following limits. More than the maximum shall require a special use permit.

Only trash originating from the parcel on which it is placed shall be allowed.

Location. Trash must be stored in one contiguous location. All new accumulations of trash shall be placed a minimum of 200 feet from any parcel boundary or public roadways if the parcel size permits.

Buffer. Trash, to the greatest degree possible, shall be located so as to be not visible from adjacent properties and roadways or buffering may be required.

Disposal. Trash shall be stored only as long as necessary and shall be disposed of in a timely manner, not to exceed 30 days.

Preexisting. These conditions shall apply to all trash existing at the time of enactment of this chapter.

Location. Dumpsters shall be located on private property at a location approved by the Code Enforcement Officer.

Buffer. A suitable buffer may be required.

Covers. All dumpsters shall have tops which shall be utilized.

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

Applicants proposing to co-locate on a previously approved communication tower do not require a special permit. They are, however, subject to site plan review in accordance with Subsection H of this section. The Planning Board (the Board) may require the applicant to submit any of the items under Subsection C(1) below as part of the site plan review process.

These regulations shall apply to all property within the following districts: I and CAMP. Communication towers shall be specifically excluded from all other districts.

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

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

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

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

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

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

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

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

Communication towers shall comply with all existing setback requirements of the underlying zoning district or shall be located with a minimum setback from any property line equal to at least 500 feet or 30% of the height of the tower, whichever is greater. Accessory buildings shall comply with minimum setback requirements in the underlying zoning district.

A "zone of visibility map" shall be provided in order to determine locations where the tower may be seen.

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

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

Any new tower shall be designed to accommodate future shared use by other communication providers.

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

The maximum height of any new tower shall not exceed that which shall permit operation with only that artificial lighting prescribed by state and/or federal law and/or regulation. The Board, at its discretion, may modify this requirement if the applicant can justify the need to exceed this height limitation.

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

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

Accessory buildings shall maximize the use of building materials, colors and textures designed to blend with the natural surroundings.

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

Utility distribution facilities, except those approved prior to the effective date of this section, may not continue to be used unless in conformity with these regulations. No utility distribution facility shall hereafter be erected, moved, reconstructed, changed or altered unless in conformity with these regulations. No existing structure shall be modified to serve as a utility distribution facility unless in conformity with these regulations.

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

These regulations shall apply to all property within the following districts: CAMP, CA and I Districts. Utility distribution facilities shall be specifically excluded from all other districts.

These regulations shall not apply to residential standby generators designed to be used infrequently during time of emergency.

An applicant proposing to share use of utility distribution facilities shall be required to submit:

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

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

Negotiate in good faith concerning future requests for shared use of the new facility by other utility providers.

Allow shared use of the new utility distribution facility if another utility provider agrees, in writing, to pay reasonable charges. The charge may include but is not limited to a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance financing, return on equity, and depreciation, and all of the costs of adapting the utility distribution facilities or equipment to accommodate shared use.

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

The plan shall ensure that the utility distribution facilities shall be in a completely enclosed structure which conforms in character and appearance to other buildings located within 1,500 feet of the proposed structure.

The facility plan shall show that the facility shall be located at least 500 feet from any property boundary line and at least 750 feet from any current structure.

The facility plan shall show that it does not involve business offices, storage areas or structures requiring trucking or other truck movements.

Supporting documentation. The applicant shall submit a complete short EAF, a complete visual assessment form (visual EAF addendum), noise assessment form (noise EAF addendum) and documentation on the proposed intent and capacity of use, as well as a justification for the height of any utility distribution facilities and justification for any clearing required.

Lot size of parcels containing utility distribution facilities shall be determined by the amount of land required to meet the setback requirements. If the land is to be leased, the entire area required shall be leased from a single parcel, unless the Board determine that this provision may be waived.

Utility distribution facilities shall be located with a minimum setback from any property line equal to at least 500 feet and 750 feet from any existing structure on an adjoining parcel. Accessory buildings shall comply with minimum setback requirements in the underlying zoning district.

A "zone of visibility map" and/or "zone of noise penetration" and/or "zone of odor penetration map" shall be provided in order to determine where the facility may be seen and what noise or odor will be emanating from it.

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

Assessment of the alternative facility designs and color schemes, as described in Subsection K below.

Engineering studies showing likely noise impacts upon properties within a 2,000-foot radius of the facility as well as alternate designs to reduce or eliminate the transmission of noise to areas outside the walls of the utility distribution facilities.

Studies to show that no odor will emanate from the facility.

Studies to show the anticipated amount of traffic to/from the facility and the efforts made to mitigate its impact on neighboring properties.

Any new utility distribution facilities shall be designed to accommodate future shared use by other utility providers.

Unless specifically required by other regulations, a utility distribution facility shall have a finish that minimizes its degree of visual impact.

The maximum height of any new utility distribution facility shall not exceed that which shall permit operation without artificial lighting of any kind or nature, except as required by state and/or federal law and/or regulation. The Board, at its discretion, may modify this requirement if the applicant can justify the need to exceed this height limitation.

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

The Board may request a review of the application by a qualified engineer in order to evaluate the need for and the design of any new utility distribution facility, the cost of which shall be paid by the applicant.

Accessory buildings shall maximize the use of building materials, colors and textures designed to blend with the natural surroundings.

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

No noise shall be permitted to extend beyond the premises except at a level of no more than 45 dBA for more than 30 minutes in a twenty-four-hour period. The applicant shall fully disclose to the Board all noise options. Only the minimal amount of noise necessary shall be authorized. Noise pollution to nearby and distant properties shall be minimized to the greatest degree possible by use of shielding, burying of noisemaking devices, insulation, buildings and the use of technology. The Board shall, upon review, approve only the noise levels and scheme that it determines to be least obtrusive to the affected properties.

No odor shall be permitted to extend beyond the premises. The applicant shall fully disclose to the Board all potential odor problems. Odor pollution to the nearby and distant properties shall be prohibited by the use of appropriate devices. The Board shall, upon review, approve only the odor levels and scheme that it determines to be least likely to allow odors to extend to adjacent or distant properties.

No such proposed structure, including the tower, antenna, and all associated components, shall exceed 80 feet in height as measured from the lowest exterior grade on the proposed site, and no part of the proposed structure shall extend beyond the applicant's property boundary line and its vertical plane extension.

The proposed installation complies with all parts of NFPA 70, Article 810.III of the National Electric Code.

The proposed tower is designed in accordance with generally accepted engineering standards so that its construction and operation will not pose a hazard to persons or property on the ground or in the vicinity of the tower; any tower not specifically designed to support an antenna or any tower privately built of components shall be reviewed by a licensed professional engineer, who shall provide to the Planning Board a sealed document attesting to the adequacy of the proposed tower.

The topography and location of the proposed site are reasonably adapted for the proposed tower.

The proposed tower is set back from adjacent property lines by a distance equivalent to its height, measured as follows:

The plans for the site (and the vegetation, screens, fencing or other devices when completed) provide buffering of the site and tower from adjoining land, to the extent possible.

No more than one such tower shall be constructed per parcel, provided there is no evidence that the applicant subdivided his property to thwart the spirit of this provision.

The applicant shall operate the tower in a manner so that it does not become a public nuisance.

To provide a regulatory scheme for the designation of properties suitable for the location, construction and operation of battery energy storage systems;

To ensure compatible land uses in the vicinity of the areas affected by battery energy storage systems; and

To mitigate the impacts of battery energy storage systems on environmental resources such as important agricultural lands, forests, wildlife and other protected resources.

The requirements of this section shall apply to all battery energy storage systems permitted, installed, or modified in the Town of Busti after the effective date of this chapter, excluding general maintenance and repair.

Battery energy storage systems constructed or installed prior to the effective date of this chapter shall not be required to meet the requirements of this chapter.

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 be subject to this section.

A building permit and an electrical permit shall be required for installation of all battery energy storage systems.

Issuance of permits and approvals by the Town Board shall include review pursuant to the State Environmental Quality Review Act.

All battery energy storage systems, all dedicated use buildings, and all other buildings or structures that: 1) contain or are otherwise associated with a battery energy storage system and 2) are subject to the Uniform Code and/or the Energy Code shall be designed, erected, and installed in accordance with all applicable provisions of the Uniform Code, all applicable provisions of the 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.

Applications for the installation of a Tier 2 battery energy storage system shall be:

Utility lines and electrical circuitry. All on-site utility lines shall be placed underground to the extent feasible and as permitted by the serving utility, with the exception of the main service connection at the utility company right-of-way and any new interconnection equipment, including without limitation any poles, with new easements and right-of-way.

Signage.

Lighting. Lighting of the battery energy storage systems shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties.

Vegetation and tree-cutting. Areas within 10 feet on each side of Tier 2 battery energy storage systems shall be cleared of combustible vegetation and other combustible growth. 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 do not form a means of readily transmitting fire. Removal of trees should be minimized to the extent possible.

Noise. The one-hour average noise generated from the battery energy storage systems, components, and associated ancillary equipment shall not exceed a noise level of 50 dBA as measured at the outside wall of any non-participating residence or occupied community building. Applicants may submit equipment and component manufacturers noise ratings 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 to demonstrate compliance with this standard.

Decommissioning.

Site plan application. For a Tier 2 battery energy storage system requiring a special use permit, site plan approval shall be required. Any site plan application shall include the following information:

Special use permit standards.

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 would be 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 chapter.

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) or approved equivalent, with subcomponents meeting each of the following standards as applicable:

Site access. Battery energy storage systems shall be maintained in good working order and in accordance with industry standards. Site access shall be maintained, including snow removal at a level acceptable to the local fire department and, if the Tier 2 battery energy storage system is located in an ambulance district, the local ambulance corps.

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.

The special use permit and site plan approval for a battery energy storage system shall be valid for a period of 12 months, provided that a building permit is issued for construction and construction is commenced. If construction is not completed in accordance with the final site plan, as may have been amended and approved, as required by the Town Board, within 24 months after approval, the Town may extend the time to complete construction for 180 days. If the owner and/or operator fails to perform substantial construction after 30 months, the approvals shall expire.

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 2 battery energy storage system and restoration of the site in accordance with the decommissioning plan.

An applicant shall reimburse the Town for any fee or expense incurred in hiring subject matter experts and attorneys to review whether a Battery Energy System proposed for siting pursuant to Article 10 of the New York Public Service Law or Article 94-c of the Executive Law complies with the substantive provision of this chapter.

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

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

If the proposed battery energy storage system is related to and part of a proposed solar energy system or Wind Energy System, then the Town may hold a single escrow account for both projects.