Canastota City Zoning Code
ARTICLE XVII
Regulations Applicable in All Districts
§ 230-68 Site plan review and approval.
The Planning Board, at a regular public meeting of the Board, shall review and approve, or approve with modifications, all permitted uses listed as requiring site plan approval, before a building permit is issued.
§ 230-69 Submission of site plan and supporting data.
The owner shall submit as much information as the Planning Board may require to show that the proposed development is in interest of health, safety and general welfare; and the owner shall also submit a site plan and supporting data prepared by an architect, landscape architect, engineer, land surveyor or planner, or by builder or developer under circumstances satisfactory to the Planning Board, and shall, wherever applicable, include the following information presented in drawn form and accompanied by a written text:
A.
Survey of the property, showing existing features of the property, including contours, large trees, buildings, structures, streets, utility easements, rights-of-way, land use, zoning and ownership of surrounding property.
B.
Site plan showing proposed lots, blocks, building locations and land use areas.
C.
Traffic circulation, parking and loading spaces and pedestrian walks.
D.
Landscaping plans, including site grading, landscape design and open areas.
E.
Preliminary architectural drawings for buildings to be constructed, including floor plans, exterior elevations and sections.
F.
Preliminary engineering plans, including street improvements, storm drainage system, public utility extensions, water supply and sanitary sewer facilities.
G.
Engineering feasibility studies of any anticipated problems which might arise due to the proposed development, as required by the Planning Board.
H.
Construction sequence and time schedule for completion of each phase for buildings, parking spaces and landscaped areas.
I.
A description of the proposed uses, including hours of operation, number of employees, expected volume of business, and type and volume of traffic expected to be generated.
§ 230-70 Standards for approval of site plan.
A.
For all developments, except Article VI, PD Districts, the Planning Board shall, within 45 days of filing with the Planning Board, review the site plan and supporting data and render its decision of approval, disapproval of approval with stated conditions. In connection therewith, the Planning Board shall take into consideration the following:
(1)
Harmonious relationship between proposed uses and existing adjacent uses.
(2)
Maximum safety of vehicular circulation between the site and street network.
(3)
Adequacy of interior circulation, parking and loading facilities, with particular attention to vehicular and pedestrian safety.
(4)
Adequacy of landscaping and setbacks in regard to achieving maximum compatibility and protection to adjacent residential districts.
B.
Should changes or additional facilities be required by the Board, final approval of the site plan shall be conditional upon the satisfactory compliance by the owner to the changes or additions. Any owner wishing to make changes in an approved site plan shall submit a revised site plan to the Planning Board for review and approval.
§ 230-71 Performance bond required for site plan approval.
The Planning Board may require, as a condition of site plan approval, that the owner file a performance bond in such amount as it determines to be in the public interest, to insure that the proposed development will be built in compliance with the accepted plans.
§ 230-72 Off-street parking requirements.
For every building hereafter erected, altered or changed in use, there shall be provided off-street parking spaces at least as set forth below. A required driveway shall be at least 20 feet clear in width, except for one- and two-family dwellings. Except for one- and two-family dwellings, all off-street parking spaces are to be arranged so that all backing movements take place within the parking area and not in a public street.
A.
Residential uses.
(1)
One- and two-family dwellings and conversions: two parking spaces for every dwelling unit.
(2)
Multiple-family dwellings: two parking spaces for every one dwelling unit.
(3)
Professional residence-office: three parking spaces, plus one additional parking space for every 200 square feet of office area.
(4)
For one- and two-family dwellings, no vehicles may be parked between the front line of the principal building on the lot and the street, except within the principal driveway serving the lot. Except for vehicles offered for sale in accordance with the provisions of Chapter 160 of this Code, vehicles shall not be permitted to park on lawns or other areas outside of driveways, or within parking spaces established in accordance with the requirements of this chapter. On one- and two-family residential lots, no more than 20% of the surface area of any lot may be covered by driveways and/or parking spaces.
[Added 9-7-2016 by L.L. No. 3-2016]
B.
Hotels, motels, tourist homes, boardinghouses: three parking spaces, plus one for every guest room.
C.
Dormitories, fraternities, sororities, nurses' homes, hospitals: three parking spaces, plus one space for every two beds.
D.
Places of public assembly: one parking space for every five seats or one parking space for every 100 square feet of floor area.
E.
Business, professional and medical offices: three parking spaces, plus one space for every 200 square feet of office area.
F.
Commercial and business uses.
(1)
In groups over 20,000 square feet of business floor area: one parking space for every 100 square feet of business area.
(2)
Individual establishments on separate lots: one parking space for every motor vehicle used directly in the business, plus one parking space for every 200 square feet of business area.
G.
Restaurant, eating and drinking establishments: one parking space for every 100 square feet of floor area.
H.
Industrial, wholesale, warehouse, storage, produce packaging and trucking uses: one parking space for every motor vehicle used directly in the business, plus additional parking as required by the Planning Board.
I.
Unspecified uses: as required by the Board, based upon use intensity, turnover, customers, employees and vehicles used.
§ 230-73 Off-street loading requirements.
Every building occupied for the purpose of business or industry shall provide adequate space for loading and unloading of vehicles off the street.
§ 230-74 Modification of parking and loading requirements.
§ 230-75 Landscaping requirements.
Following are the minimum landscaping requirements:
A.
Where any land use in a nonresidential district abuts land in and residential district, a strip of land at least 15 feet in width shall be maintained by the owner as a landscaped area in the front, side and rear yards which adjoin these other districts.
B.
Where any permitted nonresidential land use or multiple-family development or mobile home park in a residential district abuts and land use in a residential district, a strip of land at least 15 feet in width shall be maintained as a landscaped area in the front, side and rear yards which adjoin these area.
C.
In an industrial or commercial district each use shall have a strip of land at least 15 feet in width in any required front yard and at least five feet in width in any required rear and side yards, which strip shall be maintained as a landscaped area.
D.
Landscaping in a planned development district shall be as required by the Planning Board.
E.
Landscaping shall be installed and maintained in a healthy growing condition in front, side and rear yards and shall take the form of shade trees, deciduous shrubs, evergreens, well kept grassed areas and ground cover.
F.
One shade tree at least 10 feet in height and at least three inches in diameter measured at a point six inches above finished grade level shall be planted no nearer than five feet to any lot line, for each 300 square feet of required landscaped area; and one deciduous shrub or evergreen shall be planted for each 200 square feet of required landscaped area.
§ 230-76 Screening of service and parking areas.
In any district all areas designated or used as service and parking areas for any building or land use, other than one- and two-family dwelling units, shall be screened from view with either a wall, a solid fence, or a fence and evergreens, to a height of at least five feet above grade level, on all sides where adjacent land is in a residential district or use.
§ 230-77 Grading.
No grading, cut or fill shall be carried out in any district which leaves the slope of finished grade in excess on one foot vertical for every two feet horizontal distance.
§ 230-78 Performance standards.
In all districts uses are not permitted which exceed the following standards, measured at the individual property line. The Planning Board, under its powers of site plan review and approval, shall decide whether uses meet the standards. All uses shall meet New York State air and water pollution standards and shall not:
A.
Emit noise in excess of 70 decibels, dbA.
B.
Emit any odor which is considered offensive.
C.
Emit dust or dirt which is considered offensive.
D.
Emit any smoke in excess of Ringelmann Chart No. 2.
E.
Emit any noxious gases which endanger the health, comfort, safety or welfare of any person or which have a tendency to cause injury or damage to property, business or vegetation.
F.
Cause, as a result of normal operations, a vibration which creates displacement of 0.003 inch.
G.
Create glare by lighting or signs which could impair the vision of a driver of any motor vehicle.
H.
Cause a fire, explosion or safety hazard.
§ 230-79 Storage of flammable liquids.
Storage of any highly flammable liquids in tanks shall comply with the following:
§ 230-80 Soil removal.
In any district the removal of soil, for sale, except when incidental to or connected with the construction of a building on the same premises, shall be permitted only after issuance of a special permit.
§ 230-81 Landfill operations.
In any district the dumping of refuse and waste material for landfill is prohibited. Loam, rock, stone, gravel, sand, cinders and soil may be used for landfill to grades approved by the Building Inspector.
§ 230-82 Animals.
§ 230-83 Gas stations, public garages and motor vehicle sales establishments.
Gasoline stations, public garages and motor vehicle sales agencies shall comply with the following:
A.
The lot shall not be located within 300 feet of any lot occupied by a school, hospital, playground, library or religious institution. Measurement shall be made between nearest respective lot lines.
B.
The lot size shall be at least 20,000 square feet.
C.
The lot frontage shall be at least 150 feet.
D.
The lot depth shall be at least 125 feet.
E.
Pumps, other service devices and fuel and oil storage shall be located at least 30 feet from all lot lines.
F.
All automobile parts and dismantled vehicles are to be stored within a building, and no major repair work is to be performed outside a building.
G.
There shall be no more than two access driveways from any street. The maximum width of each access driveway shall be 30 feet.
H.
A suitably curbed landscaped area shall be maintained at least five feet in depth along all street frontage not used as driveway.
§ 230-84 Public utility substations.
Public utility substations and similar utility structures shall comply with the following:
A.
The facility shall be surrounded by a fence set back from property lines in conformance with district regulations for front, side and rear yards.
B.
A landscaped area at least 15 feet wide shall be maintained in front, rear and side yards.
C.
There shall be no open equipment visible from surrounding property.
D.
Where practical, low-profile equipment shall be used.
§ 230-85 Signs in all districts.
[Amended 11-17-2008 by L.L. No. 5-2008; 8-6-2018 by L.L. No. 4-2018]
A.
No sign shall be erected within the Village of Canastota except in accordance with the provisions of this chapter. Except as otherwise specifically provided in this chapter, off-premises advertising signs, including but not necessarily limited to billboards, feather or flag signs, portable sidewalk business signs, and roof signs are not permitted in any district. Building-mounted business signs shall be made of rigid materials. Nonrigid vinyl, cloth or similar banner type signs made of nonrigid materials are not permitted as building mounted business signs.
B.
No sign shall be placed upon or attached to any public or private utility pole, lamppost, water or fire hydrant, sidewalk, bridge, tree or similar installation or improvement, whether situated on public or private property.
C.
No sign, except a sandwich board sign placed in accordance with the provisions of § 230-86, shall be placed between the sidewalk and the street pavement, or, on streets without sidewalks, within the street lines or the limits of the street.
D.
Temporary signs shall be limited to one per parcel at any given time. No temporary sign shall be placed on any property more than 30 days in advance of the event being advertised, or if the sign does not describe a specific event, for more than 30 days per calendar year. Unless otherwise provided under the provisions of this chapter, temporary signs, including signs erected in the interest of protecting public safety, may be placed in accordance with these regulations without a permit. "For Sale" and "For Rent" signs may be placed, without a permit, upon the property being offered for sale or rent without a permit and without regard to duration, but shall be removed within seven days after the property has been sold or rented.
E.
The following signs are permitted in any district upon issuance of a sign permit by the Code Enforcement Officer:
(1)
Business signs, including professional office and home occupation signs affixed to the building housing the business and not exceeding two square feet in area per sign face in residential districts and 32 square feet in commercial and industrial districts.
(2)
Professional residence-office and home occupation signs not exceeding two square feet in area.
(3)
Signs identifying a construction project and the specialists concerned, not exceeding eight square feet for a one- to four-family residence, and 16 square feet for all other buildings.
(4)
Signs identifying any permitted nonresidential use in a residential district, one square foot of sign area for each lineal foot of building frontage, but not exceeding a total of 25 square feet.
G.
The Village Code Enforcement Officer and any police officer shall have the right to remove forthwith and without prior notice a sign which, in the determination of the Code Enforcement Officer, causes any interference with vehicular or pedestrian traffic or other threat to public safety, or in the event of an emergency situation, or in the event the sign interferes with work that is to be performed on the public sidewalk or within any public right-of-way by or on behalf of the Village of Canastota.
H.
The Village Code Enforcement Officer shall have the right, upon five business days' prior notice, to revoke a sign permit for failure to comply with the provisions of this chapter.
§ 230-86 Signs permitted in Commercial and Industrial Districts.
[Amended 11-17-2008 by L.L. No. 5-2008]
The following additional signs are permitted in Commercial and Industrial Districts upon issuance of a sign permit by the Code Enforcement Officer:
B.
Business signs with a total area not to exceed two square feet for each one lineal foot of building frontage occupied by the establishment.
C.
Notwithstanding any other provision of this chapter to the contrary, sandwich board signs shall be permitted in Commercial and Industrial Districts when in compliance with the following conditions and requirements:
[Added 8-6-2018 by L.L. No. 4-2018]
(1)
Only one sign is permitted per business establishment. The sign may only be displayed during the hours when the business establishment which it advertises is open, and must be removed and stored indoors when the business is not open.
(2)
The sign shall not exceed a maximum height of 48 inches when measured perpendicular to the ground, and shall not exceed a maximum width of 26 inches. No sign shall have more than two faces.
(3)
The sign shall have a professionally prepared and constructed appearance and shall be made of rigid plastic or other weather-durable materials. Lettering shall be printed or stenciled, and colors and lettering shall be matching or complementary with the business establishment advertised. The foregoing requirements, however, shall not be deemed to prohibit the use of chalkboard or other similar sign faces that allow the hand lettering of daily specials or other business messages. Signs shall be kept clean and in good repair to preserve their original appearance. No sign shall be illuminated, nor shall any sign contain any moving parts or have balloons, streamers, pennants or similar adornments attached.
(4)
The sign shall be temporarily anchored with weights or otherwise constructed in such a manner as to ensure against the dislocation of the sign by wind, but in no event shall any holes be created in any public sidewalk or pavement, nor shall any sign be placed in such a manner as to cause any damage to any public property.
(5)
The sign must be located immediately in front of or immediately on the side of the business establishment that it advertises, which shall include, in the case of temporary events, the location of the event. If located on the sidewalk, the sign shall be placed in such a manner as to allow at least five feet of clear space for passage of pedestrians on the sidewalk. If there is a parking lot between the front facade of the business and the street, then in such event, the sign may be located within such parking lot or other suitable area approved by the Code Enforcement Officer between the building and the sidewalk. In no event shall the sign be located within the travelled portion of any public or private street or drive aisle, or in any location that obstructs or hinders any motorist's ability to park a vehicle in a designated parking space or the ability of any person to gain access to any lawfully parked vehicles, or in any location that interferes with vehicular or pedestrian lines of sight, traffic or safety.
(6)
Sandwich board signs shall be allowed only upon issuance of a permit by the Code Enforcement Officer. There shall be no fee for the issuance of this permit. The holder of a permit shall be required to register said sign annually with the Code Enforcement Officer and, if the sign is located on the sidewalk or otherwise within a public right-of-way, shall procure and maintain in full force and effect during the term of the permit a policy of general liability insurance against property damage and body injury in the minimum amount of $300,000 for bodily injury or death per person, $600,000 for bodily injury or death for all persons, and $100,000 for injury to or destruction of property, which policy shall name the Village of Canastota as an additional insured, and shall be in a form acceptable to the Village of Canastota. Said insurance policy shall provide that not less than 30 days' advance notice shall be given to the Village of Canastota before the policy is cancelled, materially changed or not renewed.
D.
Notwithstanding any other provision of this chapter to the contrary, feather, flag and inflatable signs shall be permitted on properties in Commercial and Industrial Districts fronting on the northerly side of NYS Route 5, and fronting on Peterboro Street located between Maple Avenue and the northerly Village corporate boundary, provided that such signs shall not be located within the street or highway right-of-way and shall be located no closer to the street or highway right-of-way line than the greater of 10 feet or the height of the sign.
[Added 8-6-2018 by L.L. No. 4-2018]
§ 230-88 Computation of sign area.
When computing the total permissible sign area for any use:
A.
Total area of all signs are not to exceed the requirements set forth in this chapter.
B.
Existing signs shall be included in the computation.
C.
Signs consisting of freestanding letters, numerals or other devices shall include any intervening spaces between them.
D.
Only the larger face area of a double-faced or V-type sign shall be used.
E.
Back-to-back signs may be counted as one sign.
§ 230-89 Safety regulations for signs.
[Amended 11-17-2008 by L.L. No. 5-2008]
Every sign shall be designed and located in such a manner as to:
A.
Not impair public safety.
B.
Not restrict clear vision between a sidewalk and street or intersection.
C.
Not be confused with any traffic sign or signal.
D.
Not prevent physical or visual access to any door, window, fire escape or safety equipment.
E.
Withstand a wind pressure load of 30 pounds per square inch.
§ 230-90 Illumination of signs.
§ 230-91 Special permit signs; procedure.
[Amended 11-17-2008 by L.L. No. 5-2008]
Additional signs may be permitted in nonresidential districts, upon approval of the Planning Board, in accordance with the following:
A.
Application for sign permits shall be made on the appropriate forms and submitted in duplicate to the Code Enforcement Officer.
B.
The Code Enforcement Officer shall transmit all applications for sign permits to the Planning Board for appropriate action.
C.
The Planning Board shall review and either approve or deny such application and, if approved, authorize the Code Enforcement Officer to issue a sign permit if the Board finds that the sign:
(1)
Is not to the detriment of public safety or welfare and is in the public interest.
(2)
Is not detrimental to surrounding properties by reason of location, size, height, color, illumination or movement.
(3)
Complies with regulations for the district in which it is to be located regarding setback, location and height.
(4)
Is of a character, size and location that will be harmonious with orderly development of the district.
(5)
Is consistent with the existing appearance of the area in which it is to be located regarding style, coloring, lighting and general aesthetic consideration. The Board may decide upon the aesthetic design of the proposed sign. In prescribing aesthetic appearances for proposed signs, the Board may prepare neighborhood design plans.
D.
The Board, in denying a sign permit, must make written findings.
§ 230-92 Nonconforming uses.
Lawful use of any building or land existing at the time of enactment or amendment of this chapter may be continued although such use does not conform with this chapter, except as hereinafter provided.
§ 230-93 Discontinuance of nonconforming use.
When a nonconforming use has been discontinued for a period of one year, such use shall not thereafter be reestablished, and any future use shall be in conformity with this chapter.
§ 230-94 Change of use.
No nonconforming use shall be changed to other than a conforming use for the district in which it is situated.
§ 230-95 Restoration alteration and extension of nonconforming uses.
§ 230-96 Nonconforming junkyards.
Nonconforming junkyards shall be discontinued and the site cleared within three years of amendment of this chapter.
§ 230-97 Nonconforming signs.
A.
Nonconforming signs shall be removed when any use of the property on which the sign is located is discontinued.
B.
Nonconforming signs may not be enlarged, extended, relocated or altered in any way, except to make them conform to the provisions of this chapter. This provision shall not restrict the routine maintenance of nonconforming signs involving replacement of electrical parts and repainting.
§ 230-98 Nonconforming harboring of animals.
Nonconforming harboring of animals on lots less than five acres shall be discontinued within six months of amendment of this chapter.
§ 230-99 Use of undersized lots.
In residential districts nothing shall prohibit the use of a lot of less area or less frontage than required for a one-family dwelling in the district in which the lot is located, when such lot was held under separate ownership from the adjoining lots at the time of passage or amendment of this chapter.
§ 230-100 Number of dwellings per lot.
There shall be only one residential building on a lot unless otherwise approved under the Planned Unit Development District provisions.
§ 230-101 Calculation of building coverage.
In determining percentage of building coverage of a lot or size of yards, all principal buildings, roofed porches, garages, carports and other accessory buildings shall be included.
§ 230-102 Required area or yards.
No space necessary under this chapter to satisfy area, yard or other open space requirements in relation to any building or use shall be counted as part of a required open space in relation to any other lot or buildings.
§ 230-103 Yards on corner lots.
Any yard adjoining a street shall be considered a front yard for the purposes of this chapter. Only one front yard is required to comply with the minimum depth requirement; all other front yards shall either equal the minimum or be at least 20 feet in depth, whichever is the less.
§ 230-104 Projections into yards.
Every part of a required yard shall be open from the ground to the sky, unobstructed except for ordinary projections of sills, chimneys and eaves, provided that no such projections may extend more than two feet into any required yard.
§ 230-105 Minimum frontage requirement.
All residential lots shall have at least 20 feet frontage on a street.
§ 230-106 Location of driveways.
All driveways must be located at least 25 feet from a street line intersection.
§ 230-107 Permit for temporary uses.
A.
The Zoning Enforcement Officer may issue a temporary permit for a period not exceeding one year, for incidental nonconforming uses as follows:
B.
Permits shall be conditioned upon agreement by the owner to remove the use upon expiration of permit.
C.
Permits may be reissued for additional periods of six months.
§ 230-108 Restoration of construction sites.
Within six months after work on an excavation for a building has begun or within six months after a construction project, building or structure has been destroyed, demolished or abandoned, all structural materials shall be removed from the site, and any excavation remaining shall be covered over or filled to the normal grade by the owner.
§ 230-109 Sight obstructions at intersections.
In all districts on a corner lot, within the triangular area formed by the intersection of two street property lines and a third line adjoining them at points 30 feet away from their intersection, there shall be no obstruction to vision between the height of three feet and 10 feet above the average grade of each street.
§ 230-110 Fences.
[Amended 10-17-1994 by L.L. No. 4-1994; 7-7-1997 by L.L. No. 8-1997; 5-3-1999 by L.L. No. 4-1999; 9-26-2016 by L.L. No. 5-2016]
Construction and maintenance.
A.
Any fence to be erected within the corporate limits of the Village of Canastota shall require a building permit from the Code Enforcement Office.
B.
Any fence erected shall have the good side of said fence facing out towards the abutting property owner.
C.
Any fence erected shall be placed at least 24 inches from property line so if repairs and maintenance of said fence is to be performed, it maybe performed from the property owner's land.
D.
All fences shall be maintained in good repair and appearance by the owner of the property upon which the fence is located. Such maintenance shall include, but not necessarily be limited to, staining, painting and/or sealing to prevent rot and deterioration, and maintaining the integrity of posts and other structural components in order to keep, as reasonably practical, the original appearance of the fence. Fence repairs shall include, but not necessarily be limited to, replacement of pickets, sections, posts and other structural components, and leveling and straightening of broken, heaved, collapsed and/or leaning sections. Maintenance and repair of fences as contemplated in this section shall not require a building permit. Removal and replacement of a fence in its entirety, or of more than 50% of its linear length, shall require prior issuance of a building permit.
E.
Except as provided in Subsection F following, the maximum height of any fence to be erected in a residential district shall be six feet as measured from any point on the land surface grade to the top of the portion of fence perpendicular to said point. In nonresidential zoning districts, fences may be erected to a height in excess of six feet if approved by the Planning Board as part of a site plan approval or special permit approval.
F.
Upon any residential property, no fence, wall or screening hedge shall be constructed, erected, planted or maintained upon the portion of the lot between the principal structure upon the lot and the street except in accordance with the following requirements:
(1)
The fence, wall or hedge may not exceed three feet in height and shall be of an open see-through design. Substantially opaque fences, walls or hedges are prohibited within the portion of the lot between the principal structure and the street.
(2)
Subject to the requirements of Subsection F(3) following, the fence, wall or hedge may not be placed closer than two feet to the sidewalk, or within 13 feet of the street pavement on streets without sidewalks.
(3)
On corner lots, fences, walls and/or hedges shall not be placed closer to the street than the line across the lot which would be equivalent to the hypotenuse of the triangle formed by lines drawn at right angles between the outer edge of the sidewalks and the lines drawn along the center lines of the two streets abutting the corner lot beginning at the point of intersection of the center lines of the two streets and extending a distance of 75 feet away from such point of intersection along the respective center lines of the two streets. (See illustration of these requirements as depicted on the drawing made a part of this regulation and attached as Appendix A at the end of this chapter.)
§ 230-111 Below-grade living areas prohibited.
No living spaces are permitted in basement of multiple-family dwellings.
§ 230-112 Height exceptions.
Nothing herein contained shall be interpreted to limit or restrict the height of silos; church spires; cupolas; bell, clock, fire and observation towers; and essential public utility structures.
§ 230-113 Special permit height exceptions.
No radio or television antenna or tower, water or cooling tower, oil or gas holder, elevator bulkhead, chimney or similar structures in excess of the district height limits may be erected until after issuance of a special permit.
§ 230-114 Accessory building in residential districts.
[Amended 8-6-2018 by L.L. No. 5-2018]
A.
Outbuildings, garages, carports, storage sheds, greenhouses and all similar accessory use buildings must be attached to the principal structure on the lot, except that each residential use may have not more than two unattached accessory structures per lot.
B.
An accessory structure that exceeds 144 square feet of floor area, or exceeds 14 feet in height, or 14 feet in width or depth, must obtain a building permit prior to constructing or placing the structure on the lot. A building permit shall not be required for an accessory structure that does not exceed any of these thresholds unless the structure is to be permanently attached to the ground.
C.
No accessory structure shall be located less than 30 feet from any front property line, and not less than four feet from any rear or side property lines. On corner lots, prior consultation with the Code Enforcement Officer is recommended to determine applicable setbacks.
D.
Accessory outbuildings, including garages, carports, storage sheds and greenhouses, must be located behind the front building line of the principal structure on the lot. Accessory outbuildings may not be equipped with sink or toilet services, nor may they contain living space for temporary or permanent human habitation.
E.
To obtain a building permit for a freestanding accessory structure on a residential lot, a completed building permit application form, signed by the property owner, must be submitted to the Code Enforcement Officer prior to constructing or placing the structure on the lot. All information must be typed or printed. Each application shall be accompanied by (i) two copies of an unaltered boundary survey of the premises prepared by a licensed land surveyor, or other documentation satisfactory to the Code Enforcement Officer sufficient to accurately identify the boundary lines of the premises; (ii) two copies of a plot plan indicating the proposed location of the structure and sufficiently demonstrating compliance with all applicable setback requirements; and (iii) two sets of construction drawings prepared in a standard architectural manner to scale of not less than 1/4 inch per foot. If the shed is prefabricated, copies of the manufacturer's construction specifications may be submitted in lieu of construction drawings.
§ 230-115 Storage of motor vehicles and recreation vehicles.
In any residential district the following regulations shall apply:
A.
Vans, buses and trucks of more than 3/4 ton carrying capacity; motor vehicles used for drag or stock car racing; and an abandoned or junked vehicle must be parked in an enclosed garage. For purposes of this section, an "abandoned or junked vehicle" shall mean any vehicle unregistered for more than a six-month period and which is either unroadworthy or unable to run notwithstanding the foregoing; no vehicle shall pose as a hazard or nuisance to any neighboring property.
[Amended 10-17-1994 by L.L. No. 4-1994]
B.
Trailers, campers, boats, snowmobiles and other recreation vehicles shall not be parked in a front yard. A trailer or camper shall not be used as living quarters and shall not be connected to sewer and water facilities.
C.
Exceptions to these parking location regulations may be granted after issuance of a special permit.
§ 230-116 Solar energy systems.
[Added 3-1-2021 by L.L. No. 1-2021]
A.
Applicability. This section shall apply to all solar energy systems in the Village of Canastota which are installed or modified after the effective date of this section. All solar energy systems which are installed or modified after the effective date of this section shall be in compliance with all of the provisions hereof.
B. BUILDING-INTEGRATED SOLAR ENERGY SYSTEM FLUSH-MOUNTED SOLAR ENERGY SYSTEM GROUND-MOUNTED SOLAR ENERGY SYSTEM NET-METERING QUALIFIED SOLAR INSTALLER ROOFTOP-MOUNTED SOLAR ENERGY SYSTEM SOLAR ACCESS SOLAR COLLECTOR SOLAR ENERGY SYSTEM SOLAR FARM SOLAR PANEL SOLAR SKYSPACE SOLAR STORAGE BATTERY
Definitions. As used in this section, the following terms shall have the meanings indicated:
A solar energy system incorporated into and becoming part of the overall architecture, design and structure of a building in manner that the solar energy system is a permanent and integral part of the building structure.
A rooftop-mounted solar energy system with solar panels which are installed flush to the surface of a roof and which cannot be angled or raised.
A solar energy system that is affixed to the ground either directly or by mounting devices and which is not attached or affixed to a building or structure.
A billing arrangement that allows solar customers to receive credit for excess electricity which is generated from the customer's solar energy system and delivered back to the grid so that customers only pay for their net electricity usage for the applicable billing period.
A person who has skills and knowledge related to the construction and operation of solar energy systems (and the components thereof) and installations and has received safety training on the hazards involved. Persons who are on the list of eligible photovoltaic installers maintained by the New York State Energy Research and Development Authority (NYSERDA), or who are certified as a solar installer by the North American Board of Certified Energy Practitioners (NABCEP), shall be deemed to be qualified solar installers for the purposes of this definition. Persons who are not on NYSERDA's list of eligible installers or NABCEP's list of certified installers may be deemed to be qualified solar installers if the Village Code Enforcement Officer or such other Village officer or employee as the Village Board designates determines such persons have had adequate training to determine the degree and extent of the hazard and the personal protective equipment and job planning necessary to perform the installation safely. Such training shall include the proper use of special precautionary techniques and personal protective equipment, as well as the skills and techniques necessary to distinguish exposed energized parts from other parts of electrical equipment and to determine the nominal voltage of exposed live parts.
A solar energy system in which solar collectors/panels are mounted on the roof of a building or structure either as a flush-mounted system or as panels fixed to frames which can be tilted to maximize solar collection. Rooftop-mounted solar energy systems shall be wholly contained within the limits of the building's or structure's roof surface.
Space open to the sun and clear of overhangs or shade, including the orientation of streets and lots to the sun so as to permit the use of active and/or passive solar energy systems on individual properties.
A solar photovoltaic cell, panel, or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat.
A complete system of solar collectors, panels, controls, energy devices, heat pumps, heat exchangers, and other materials, hardware or equipment necessary to the process by which solar radiation is collected and converted into another form of energy, including but not limited to thermal and electrical, stored and protected from dissipation and distributed. For purposes of this section, a solar energy system does not include any solar energy system of four square feet in size or less.
A principal land use consisting of a solar energy system or collection of solar energy systems, or area of land upon which the principal use is a facility used to convert solar energy to electricity, whether by photovoltaics, concentrating solar thermal devices or various experimental solar technologies, with the primary purpose of supplying electricity to a utility grid for wholesale or retail sales of electricity to the general public or utility provider.
A device which converts solar energy into electricity.
The space between a solar energy system and the sun through which solar radiation passes.
A device that stores energy from the sun and makes it available in an electrical form.
C.
Building-integrated solar energy systems.
(1)
Districts where allowed. Building-integrated solar energy systems shall be permitted in all zoning districts within the Village, subject to the submission of, application for and review and issuance of an applicable building permit.
D.
Rooftop-mounted solar energy systems.
(1)
Districts where allowed. Rooftop-mounted solar energy systems shall be permitted in all zoning districts within the Village, subject to the following requirements:
(a)
A building permit shall be required for installation of all rooftop-mounted solar energy systems.
(b)
Rooftop-mounted solar energy systems shall not exceed the maximum allowed height of the principal use in the zoning district in which the system is located.
(c)
In order to ensure firefighter and other emergency responder safety, except in the case of accessory buildings under 1,000 square feet in area, there shall be a minimum perimeter area around the edge of the roof and structurally supported pathways to provide space on the roof for walking around all rooftop-mounted solar energy systems. Additionally, installations shall provide for adequate access and spacing in order to:
(d)
Exceptions to these requirements may be requested where access, pathway or ventilation requirements are reduced due to:
[1]
Unique site-specific limitations;
[2]
Alternative access opportunities (such as from adjoining roofs);
[3]
Ground level access to the roof area in question;
[4]
Other adequate ventilation opportunities when approved by the Codes Office;
[5]
Adequate ventilation opportunities afforded by panels set back from other rooftop equipment (for example: shading or structural constraints may leave significant areas open for ventilation near HVAC equipment);
[6]
Automatic ventilation devices; or
[7]
New technology, methods or other innovations that ensure adequate emergency responder access, pathways and ventilation opportunities.
(2)
Rooftop-mounted solar energy systems shall be subject to the general requirements set forth in Subsection F below.
(3)
Permit application requirements for rooftop-mounted solar energy systems.
(a)
In addition to the requirements specified in Subsection D(1) and (2) above, an applicant must submit the following materials to the Code Enforcement Officer:
[1]
Unified solar permit eligibility checklist.
[2]
A site plan showing the location of major components of the solar energy system and other equipment on the roof or legal accessory structure. This plan should represent relative locations of components at the site, including, but not limited to, location of arrays, existing electrical service locations, utility meters, inverter locations, system orientation and tilt angles. This plan should show access and pathways that are compliant with New York State Uniform Fire Prevention and Building Code, if applicable.
[3]
One-line or three-line electrical diagram. The electrical diagram required by NYSERDA for an incentive application and/or utilities for an interconnection agreement may also be provided here.
[4]
Specification sheets for all manufactured components. If these sheets are available electronically, a web address will be accepted in place of an attachment, at the discretion of the Village.
[5]
All diagrams and plans must be prepared by a professional engineer or registered architect as required by New York State law and include the following:
(b)
Permit review and inspection timeline. Permit determinations will be issued within 14 days upon receipt of complete and accurate applications. The municipality will provide feedback within seven days of receiving incomplete or inaccurate applications. If an inspection is required, a single inspection should be sufficient and will be provided within seven days of inspection request.
E.
Ground-mounted solar energy systems.
(1)
Districts where allowed. Ground-mounted solar energy systems are permitted as accessory structures in the AG, CM, INPD-A, INPD-B and IN Zoning Districts of the Village, subject to the following requirements:
(a)
A building permit shall be required for installation of all ground-mounted solar energy systems irrespective of the Zoning District in which the ground-mounted solar energy system is located.
(b)
Site plan approval from the Planning Board shall be required for the installation of all ground-mounted solar energy systems.
(c)
Ground-mounted solar energy systems are prohibited in front yards.
(d)
Ground-mounted solar energy systems shall comply with the area and yard regulations in each applicable underlying zoning district in which said system is constructed; provided, however, that further setbacks and bulk restrictions may be required by the Planning Board in order to protect the public's health, safety and welfare.
(e)
The height of the solar collector/panel and any mounts shall not exceed 12 feet in height when oriented at maximum tilt measured from the ground and including any base.
(f)
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 will harmonize with the character of the property and the surrounding area. The proposed screening shall not interfere with the normal operation of the solar collectors/panels.
(g)
The ground-mounted solar energy system shall be located in a manner to reasonably minimize view blockage for surrounding properties and shading of property to the north, while still providing adequate solar access for the solar energy system.
(h)
Neither the ground-mounted solar energy system, nor any component thereof, shall be sited within any required buffer area.
(i)
The total surface area of all ground-mounted solar energy system components shall not exceed the area of the ground covered by the building structure of the largest building on the lot measured from the exterior walls, excluding patios, decks, balconies, screened and open porches, and attached garages, provided that nonresidential placements exceeding this size may be approved by the Planning Board, subject to site plan review.
(j)
The area beneath the ground-mounted solar energy system shall be included in calculating whether the lot meets the maximum permitted lot coverage requirements for the applicable district, notwithstanding that the collectors are not "buildings."
F.
General requirements applicable to building-integrated, rooftop-mounted and ground-mounted solar energy systems.
(1)
All solar energy system installations must be performed by a qualified solar installer.
(2)
Solar energy systems, unless part of a solar farm, shall be permitted only to provide power for use by owners, lessees, tenants, residents or other occupants of the premises on which they are erected, but nothing contained in this provision shall be construed to prohibit the sale of excess power through a net-metering arrangement in accordance with New York Public Service Law § 66-j or similar state or federal statute.
(3)
Prior to operation, electrical connections must be inspected by a Village Code Enforcement Officer and by an appropriate electrical inspection person or agency, as determined by the Village.
(4)
Any connection to the public utility grid must be inspected by the appropriate public utility.
(5)
Solar energy systems shall be maintained in good working order.
(7)
All solar energy systems described in this section shall meet and comply with all relevant and applicable provisions of the New York State Uniform Fire Prevention and Building Code standards. To the extent the provisions of the New York State Uniform Fire Prevention and Building Code are more restrictive than the provisions set forth in this section, the provisions of the New York State Uniform Fire Prevention and Building Code shall apply.
(8)
If solar storage batteries are included as part of the solar energy system, they must be placed in a secure container or enclosure meeting the requirements of the New York State Building Code when in use, and when no longer used shall be disposed of in accordance with the laws and regulations of the Village and other applicable laws and regulations.
(9)
All utility services and electrical wiring/lines shall be placed underground and otherwise be placed within the walls or unobtrusive conduit. No conduits or feeds may be laid on the roof. Feeds to the inverter shall run within the building and penetrate the roof at the solar panel location.
(10)
If a solar energy system ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall completely remove, at his own sole cost and expense, the system, mount and all other associated equipment and components by no later than 90 days after the end of the twelve-month period or within 10 days of written notice from the Village.
(11)
To the extent practicable, solar energy systems shall have neutral paint colors, materials and textures to achieve visual harmony with the surrounding area.
(12)
The design, construction, operation and maintenance of the solar energy system shall prevent the direction, misdirection and/or reflection of solar rays onto neighboring properties, public roads, public parks and public buildings.
(13)
Marking of equipment.
(a)
Solar energy systems and components shall be marked in order to provide emergency responders with appropriate warning and guidance with respect to isolating the solar energy system. Materials used for marking shall be weather-resistant. For residential applications, the marking may be placed within the main service disconnect. If the main service disconnect is operable with the service panel closed, then the marking should be placed on the outside cover.
(b)
In the event any of the standards in this subsection for markings are more stringent than applicable provisions of the New York State Uniform Fire Prevention and Building Code, they shall be deemed to be guidelines only and the standards of the state code shall apply.
G.
Solar farms.
(1)
Districts where allowed. Subject to the issuance of site plan approval and a special use permit and other requirements as set forth herein, solar farms shall be a permitted use in the CM and IN Zoning Districts.
(2)
Districts where prohibited. Solar farms shall be prohibited in all other districts not specified in Subsection G(1).
(3)
Lot area and yard regulations.
(a)
The following lot area and yard regulations shall apply to solar farms:
[1]
Minimum street frontage: 300 feet.
[2]
Minimum lot area: 10 acres.
[3]
Maximum lot area: 30 acres.
[4]
Minimum front yard setback other than frontage upon a New York State or county highway: 250 feet.
[5]
Minimum front yard setback from a New York State or county highway: 500 feet.
[6]
Minimum rear yard setback: 100 feet.
[7]
Minimum side yard setback: 100 feet.
[8]
Maximum height from top of all solar panels and/or associated structures to the undisturbed ground immediately beneath the panel or structure shall be 12 feet unless the applicant can demonstrate to the satisfaction of the Planning Board that a higher height will not be visible from any point off site. In no event shall the height of any panel or associated structure exceed a height of 20 feet from the top of panel or structure to the undisturbed ground immediately beneath the panel.
(b)
Corner lots shall be considered to have two front yards; setback requirements apply to all fencing as well as other structures.
(4)
Permits required. No person, firm or corporation, or other entity being the owner, occupant, or lessee of any land or premises within the Village of Canastota shall use or permit the use of land or premises for the construction or installation of a solar farm without obtaining a building permit, a special use permit issued by the Planning Board and a site plan approval issued by the Planning Board as herein provided.
(5)
Special use permit.
(a)
In addition to any and all other applicable criteria set forth in this chapter, the following criteria are hereby established for purposes of granting a special use permit for a solar farm under this section:
[1]
Scenic viewsheds. A solar farm shall not be installed in any location that would substantially detract from or block the view(s) of all or a portion of a recognized scenic viewshed, as viewed from any public road, right-of-way or publicly owned land within the Village of Canastota or that extends beyond the boundary of the Village of Canastota. For purposes of this subsection, consideration shall be given to any relevant portions of the current, amended and/or future Village of Canastota Comprehensive Plan and/or any other prior, current, amended and/or future officially recognized Village planning document or resource. Removal of trees and other vegetation shall be permitted only to the extent necessary to allow for the proper function of the system. Clear cutting of trees and removal of existing ground cover vegetation shall not be permitted.
[2]
Emergency shutdown/safety. The applicant shall demonstrate the existence of adequate emergency/safety measures. The applicant shall post an emergency telephone number so that the appropriate entities may be contacted should any solar panel or other component of the solar farm need immediate repair or attention. This emergency telephone number should be clearly visible and in a location which is convenient and readily noticeable to someone likely to detect a problem.
[3]
Security. All solar farms shall be secured to the extent practicable to restrict unauthorized access. All fencing shall be as approved by the Planning Board and shall include warning signs installed at regular intervals with the system operator's name, address and contact telephone number and email address.
[4]
Access road. To the greatest extent possible, existing roadways shall be used for access to the site and its improvements. Access drives leading from a public highway to any gate or fence securing the site shall allow sufficient room for at least one full size pickup truck vehicle to stop and park entirely off the public highway right-of-way before entering the gated portion of the site. Access drives constructed within and upon the site shall be constructed of soils native to the site. Driveway surfaces shall remain unpaved and pervious to the penetration of rain water. In the case of constructing any roadways necessary to access the solar farm, they shall be constructed to a sufficient width that allows for the passage of emergency vehicles in the event of an emergency. Each application shall be accompanied by correspondence from the fire department and emergency care provider with primary jurisdiction over the site as to the acceptability of the proposed ingress to and egress from the solar farm site.
[5]
The development and operation of the solar farm shall not have a significant impact on fish, wildlife, animal or plant species or their critical habitats, or other significant habitats identified by the Village of Canastota or federal or state regulatory agencies.
[6]
Maintenance of vegetation. All grass and ground cover on the project site in proximity to solar panels, driveways and appurtenances shall be kept mowed to a maximum height of 18 inches except in such cases where the operator can demonstrate to the satisfaction of the Planning Board that allowing vegetation at a greater height has a demonstrable environmental benefit.
[7]
Subsurface installations. No subsurface concrete shall be used in the installation of any portion of the facility installation. All anchoring structures or portions thereof shall be capable of being removed from the site in a manner that will not leave any significant depressions in or protrusions from the soil surface and without leaving any foreign objects or material in the soil.
[8]
Buffering and screening. Additional buffering and screening may be required by the Planning Board in order to provide for the public's safety, health and welfare.
[9]
Waiver. The Planning Board may, upon exercise of its reasonable discretion, waive one or more of the submission requirements imposed herein. Relief from all other requirements must be made by way of an area or use variance from the Zoning Board of Appeals.
(6)
Site plan review.
(a)
In addition to any and all other applicable criteria set forth in this chapter, the following submission requirements must be observed regarding a site plan application for a solar farm.
(b)
A completed application form as supplied by the Village of Canastota for site plan approval for a solar farm.
(c)
Proof of ownership of the premises involved or proof that the applicant has written permission of the owner to make such application.
(d)
Plans and drawings of the proposed solar farm installation signed by a professional engineer registered in New York State showing the proposed layout of the entire solar farm along with a description of all components, whether on site or off site, existing vegetation and proposed clearing and grading of all sites involved. Clearing and/or grading activities are subject to review by the Planning Board and shall not commence until the issuance of site plan approval. The plans and development plan shall be drawn in sufficient detail and shall be further described:
[1]
Property lines and physical dimensions of the proposed site, including contours at five-foot intervals.
[2]
Location, approximate dimensions and types of all existing structures and uses on the site.
[3]
Location and elevation of the proposed solar farm and all components thereof.
[4]
Location of all existing aboveground utility lines within 1,200 linear feet of the site.
[5]
Where applicable, the location of all transmission facilities proposed for installation. All transmission lines and wiring associated with a solar farm shall be buried underground and include necessary encasements in accordance with the National Electrical Code and Village requirements. The Planning Board may recommend waiving this requirement if sufficient engineering data are submitted by the applicant demonstrating that underground transmission lines are not feasible or practical. The applicant is required to show the locations of all proposed overhead electric utility/transmission lines (if permitted) and underground electric utility/transmission lines, including substations and junction boxes and other electrical components for the project on the site plan. All transmission lines and electrical wiring shall be in compliance with the public utility company's requirements for interconnection. Any connection to the public utility grid must be inspected by the appropriate public utility.
[6]
Location of all service structures proposed as part of the installation.
[7]
A landscape plan showing all existing natural land features, trees, forest cover and all proposed changes to these features, including size and type of plant material. The plan shall show any trees and/or vegetation which is proposed to be removed for purposes of providing greater solar access.
[8]
A berm, landscape screen, or any other combination acceptable to the Village capable of screening the site, shall be provided along any property line that abuts an existing residence or any property zoned other than AG, CM, IN, INPD-A or INPD-B.
[9]
Soil type(s) at the proposed site.
(e)
Photographic simulations shall be included showing the proposed solar farm along with elevation views and dimensions and manufacturer's specifications and photos of the proposed solar energy systems, solar collectors, solar panels and all other components comprising the solar farm or from other vantage points selected by the Planning Board.
(f)
If applicable, certification from a professional engineer or architect registered in New York State indicating that the building or structure to which a solar panel or solar energy system is affixed is capable of handling the loading requirements of the solar panel or solar energy system and various components.
(g)
A one- or three-line electrical diagram detailing the solar energy system installation, associated components, and electrical interconnection methods, with all disconnects and overcurrent devices.
(h)
Documentation of access to the project site(s), including location of all access roads, gates, parking area, etc.
(i)
A plan for clearing and/or grading of the site and a stormwater pollution prevention plan (SWPPP) for the site.
(j)
Documentation of utility notification, including an electric service order number.
(k)
Sunchart. Where deemed appropriate, the Planning Board may require that the applicant submit a sunchart for the proposed site indicating the sun angle for the southern boundary of the site for a minimum four-hour continuous period during the time of the highest sun angle on December 21, along with the potential for existing buildings, structures, and/or vegetation on the site or on adjacent sites to obstruct the solar sky space of the proposed solar farm. The sunchart shall also indicate the potential for obstructions to the solar skyspace of the proposed solar farm under a scenario where an adjacent site is developed as otherwise permitted by applicable provisions of the Village of Canastota Zoning Law with a building/structure built to maximum bulk and height at the minimum setback. Where no standards for setback are established, this scenario shall assume a maximum setback of five feet from the property line. The sunchart shall be kept on file at the Village Code Enforcement Office and determine the minimum setback required for any solar collectors from the south property line as well as the solar skyspace that should be considered when development of neighboring properties occurs. Neither the requirements of this section nor the approval of any application based in part on a sunchart submitted pursuant hereto shall be deemed to create any liability upon the Village of Canastota as a guarantor of the solar skyspace or productivity of a solar energy system under any circumstances.
(l)
The manufacturer's or installer's identification and appropriate warning signage shall be posted at the site and be clearly visible.
(m)
Solar energy systems shall be marked in order to provide emergency responders with appropriate warning and guidance with respect to isolating the electric systems. Materials used for marking shall be weather-resistant. The marking shall be placed adjacent to the main service disconnect location clearly visible from the location where the lever is operated.
(n)
The average height of the solar panel array shall not exceed 20 feet measured from the ground and including any base or supporting materials.
(o)
Color. Neutral paint colors, materials and textures may be required for solar farm components, buildings and structures to achieve visual harmony with the surrounding area as approved by the Planning Board.
(p)
The design, construction, operation and maintenance of the solar energy system shall prevent the direction, misdirection and/or reflection of solar rays onto neighboring properties, public roads, public parks and public buildings.
(q)
Artificial lighting of solar farms shall be limited to lighting required for safety and operational purposes and shall be shielded from all neighboring properties and public roads and shall otherwise avoid spillage.
(r)
Solar farms shall be enclosed by a perimeter fencing to restrict unauthorized access at a height of 8 1/2 feet or such greater height as may be otherwise approved by the Planning Board.
(s)
Only signage used to identify the location of the solar farm shall be allowed, and such signage shall otherwise comply with the Village's sign regulations and requirements.
(t)
All applications shall be accompanied by a full environmental assessment form for purposes of environmental review under the New York State Environmental Quality Review Act (SEQRA), including a visual impact analysis. The following additional material may be required by the Planning Board:
[1]
A digital-elevation-model-based project visibility map showing the impact of topography upon visibility of the project from other locations, to a distance radius of three miles from the center of the project. Scaled use shall depict a three-mile radius as not smaller than 2.7 inches, and the base map shall be a published topographic map showing cultural features.
[2]
No fewer than four color photos taken from locations within a three-mile radius from the proposed location, as selected by the Planning Board and computer-enhanced to simulate the appearance of the as-built aboveground solar farm components as they would appear from these locations.
(7)
Site plan review criteria. In addition to the above, no site plan shall be approved unless the Planning Board determines that the proposed solar farm complies with the following:
(a)
The use is oriented in its location upon the site as to layout, coverage, screening, means of access and aesthetics so that:
[1]
The flow control and safety of traffic and human beings shall not be adversely affected to an unreasonable degree;
[2]
There is reasonable compatibility in all respects with any structure or use in the surrounding area, actual or permitted, which may be directly substantially affected;
[3]
There shall not be any unreasonable detriment to any structure or use, actual or permitted, in the surrounding area;
[4]
There is a reasonable provision for open space and yard areas as appropriate to the surrounding area.
(8)
Public hearing. No action shall be taken by the Planning Board to issue a special use permit or site plan approval, nor by the Zoning Board of Appeals to grant a use or area variance in relation to an application for a solar farm, until after public notice and a public hearing. Proper notice of a hearing before a board shall be given by legal notice published in the official newspaper of the Village of Canastota at least five days before the date set for such public hearing(s) and written notice mailed to the applicant or his agent at the address given in the application to be considered. The applicant shall be responsible for notifying, by certified mail, all property owners of record within 500 feet of the outside perimeter of the boundary line of the property involved in the application of the time, date and place of such public hearing at least 10 days prior to such hearing. Notice shall be deemed to have been given if mailed to the property owner at the tax billing address listed on the property tax records of the Village Assessor or at the property address. At least seven days prior to such hearing, the applicant shall file with the Board his/her affidavit verifying the mailing of such notices. Failure of the property owners to receive such notice shall not be deemed a jurisdictional defect.
(9)
Compliance with New York State Uniform Fire Prevention and Building Code.
(a)
Building permit applications shall be accompanied by standard drawings of structural components of the solar farm and all its components (including but not limited to solar panel, solar collector, solar energy system, etc.). Drawings and any necessary calculations shall be certified, in writing, by a New York State registered professional engineer, that the system complies with the New York State Uniform Fire Prevention and Building Code. This certification would normally be supplied by the manufacturer.
(b)
Where the structure, components or installation vary from the standard design or specification, the proposed modification shall be certified by a New York State registered professional engineer for compliance with the structural design provisions of the New York State Uniform Fire Prevention and Building Code.
(10)
Compliance with state, local and national electric codes.
(a)
Building permit applications shall be accompanied by a line drawing identifying the electrical components of the solar farm to be installed in sufficient detail to allow for a determination that the manner of installation conforms with the National Electrical Code. The application shall include a statement from a New York State registered professional engineer indicating that the electrical system conforms with good engineering practices and complies with the National Electrical Code, as well as applicable state and local electrical codes. This certification would normally be supplied by the manufacturer. All equipment and materials shall be used or installed in accordance with such drawings and diagrams.
(b)
Where the electrical components of an installation vary from the standard design or specifications, the proposed modifications shall be reviewed and certified by a New York State registered professional engineer for compliance with the requirements of the National Electrical Code and good engineering practices.
(11)
Following construction/installation of the solar farm, all disturbed areas where soil has been exposed shall be reseeded with grass and/or planted with low-level vegetation capable of preventing soil erosion and airborne dust.
(12)
Postconstruction/installation certification. Following the construction/installation of the solar farm, the applicant shall provide a postconstruction/installation certification from a professional engineer registered in New York State that the project complies with any and all applicable codes and industry practices and has been constructed and is operating according to the drawings and development plan(s) submitted to the Village.
(13)
Insurance. The applicant, owner, lessee or assignee shall maintain a current insurance policy which will cover installation and operation of the solar farm at all times. Said policy shall provide a minimum of $2,000,000 property and personal liability coverage and shall name the Village of Canastota as an additional insured.
(14)
Inspections. The Building Inspector, Zoning Enforcement Officer, Code Enforcement Officer and/or Village Engineer shall have the right at any reasonable time to enter, in the company of the owner or his agent, the premises on which a solar farm is being or is constructed, to inspect all parts of said solar farm installation and require that repairs or alterations be made if, in his judgment, there exists a deficiency in the operation or the structural stability of the solar farm or any component thereof. If necessary, the Building Inspector or Village Engineer may order the system secured or to otherwise cease operation. It shall not be required that the owner or agent be present in the event of an emergency situation involving danger to life, limb or property.
(15)
Power to impose conditions. In granting any site plan approval, special use permit or variance for a solar farm, the Planning Board or Zoning Board of Appeals, as the case may be, may impose reasonable conditions to the extent that such Board finds that such conditions are necessary to minimize any adverse effect or impacts of the proposed use on neighboring properties and to protect the general health, safety and welfare of the Village.
(16)
Decommissioning and removal of solar farm facilities.
(a)
The applicant shall agree, in writing, to remove the entirety of the solar farm and all accessory structures and components thereof if the solar farm ceases to be used for its intended purpose for 12 consecutive months. Removal of such obsolete and/or unused solar farm components shall take place within three months thereafter. Such agreement shall also include a commitment by the applicant to impose a similar obligation to remove any unused and/or obsolete solar panels upon any person subsequently securing rights to relocate the solar panels.
(b)
Bond/security. The applicant shall be required to execute and file with the Village Clerk a bond, or other form of security acceptable to the Village Attorney and Engineer, in an amount sufficient for the faithful performance of the terms and conditions of the permit issued under this section, and to provide the decommissioning, removal and restoration of the site subsequent to the removal of the solar farm. The amount of the bond or security shall be no less than 150% of the cost of the removal of the solar panels and restoration of the site and shall be reviewed and adjusted at five-year intervals. In the event of a default upon performance of such condition or any of them, the bond or security shall be forfeited to the Village, which shall be entitled to maintain an action thereon. The bond or security shall remain in full force and effect until the complete removal of the solar panels and site restoration is completed to the satisfaction of the Village as approved by the Code Enforcement Officer and Planning Board.
(17)
Fees. Fees for applications and permits under this section shall be established by resolution of the Village Board of the Village of Canastota in accordance with the requirements of the Code of the Village of Canastota. It shall be the applicant's responsibility to reimburse the Village for any and all reasonable and necessary legal, engineering and other professional fees incurred by the Village in reviewing and administering an application for a solar farm under this section.