Canton City Zoning Code
ARTICLE VII
Supplemental Use Regulations
§ 325-24 Accessory dwelling units.
B.
In the R-MF and GMU Zoning Districts, accessory dwelling units may be located in a principal or accessory structure, but shall not exceed 700 square feet when located in an accessory structure.
D.
All accessory dwellings must have continuous, permanent masonry foundation, unpierced except for required ventilation and access installed under the home. The foundation shall be aesthetically compatible with the building.
E.
All accessory dwellings shall be connected to municipal water and sewer.
F.
The accessory unit shall be entirely self-contained, with separate cooking, sanitary and sleeping facilities for the exclusive use of the accessory unit's occupant(s).
§ 325-25 Adult uses.
A.
Purpose. The purpose of these supplemental regulations is to mitigate the potential secondary adverse effects that an adult use may have on adjacent land uses and neighborhoods. Such activities may be deleterious to the health, welfare and well-being of residents and could adversely impact and endanger adjacent land uses. The purpose of this section is to regulate the establishment of such adult use businesses within close proximity of residentially zoned areas, Village boundaries, schools, playgrounds, youth centers and religious institutions, and to minimize said effects.
B.
General requirements.
(1)
No adult use shall be located within 100 feet of any existing residential use owned area or municipal boundary.
(2)
No adult use shall be located within 300 feet from any religious institution, school, park, playground, youth center or location where children traditionally congregate.
(3)
No adult use shall be located within 500 feet of another such use.
(4)
Only one sign shall be permitted visible from the exterior of a building that is occupied by an adult use business, and such sign shall be no larger than six square feet, nor shall the sign consist of any material other than plain lettering. No sign shall have any photographic or artistic representations whatsoever thereon. All such signs shall be in compliance in all other respects with the sign regulations of Article IX.
(5)
All openings, entries, windows, doors, etc., to an adult use facility shall be located, covered or screened in such a manner as to prevent a view into the interior from any public place.
C.
Measurement of distances. For purposes of this section, measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises for an adult use business to the nearest property line of land upon which is situated a school, religious institution, park, playing field, library or other recreational facility where numbers of minors regularly congregate.
§ 325-26 Agricultural uses.
A.
Applicability. The following additional standards apply to the following agricultural uses, whether they are the principal or an accessory use on a lot.
B.
Animal husbandry.
(2)
In all instances, all animals shall be adequately housed, fenced and otherwise maintained in a sanitary and safe manner so as, on the finding of the Code Enforcement Officer, not to create a nuisance, health or safety hazard to nearby property, property owners or inhabitants of the neighborhood or the animals themselves.
(3)
The slaughtering of animals on-site is prohibited and is not part of agriculture as defined in this chapter.
(4)
Keeping of chickens.
C.
Community gardens.
(1)
Compost materials shall be stored at least 10 feet from the property line and in a manner that is not visible from adjacent property (shielded from view by shrubbery or an enclosure), controls odor, prevents infestation and minimizes runoff into waterways and onto adjacent properties. For community gardens, waste shall be collected regularly by the municipality. Gardeners shall ensure that containers are placed in a specified location to assist the municipality in waste removal.
(2)
The following accessory uses and structures shall be permitted: sheds for storage of tools, limited in size to 200 square feet, benches, bike racks, raised/accessible planting beds, compost or waste bins, picnic tables, fences, garden art and rain barrel systems.
D.
Greenhouses.
(2)
Commercial greenhouses.
(a)
A commercial greenhouse as a principal building shall only be permitted in the TBL Zoning District.
(b)
Commercial greenhouses may be accessory uses and structures in the GMU and CC Zoning Districts and shall only be located in the rear yard. If the greenhouse is part of, or attached to, a primary structure, the greenhouse portion of the structure shall be located on the side or rear.
(c)
All greenhouses shall be evaluated for light pollution as part of any permitting process and may require shades or prohibit use of grow lights during certain times at the discretion of the Planning Board and Code Enforcement Officer.
E.
Keeping of bees.
(1)
The number of hives is limited to two per 10,000 square feet of lot area; no beehive shall be kept on lots smaller than 2,400 square feet in area.
(2)
Ground-mounted beehives are permitted only in rear yards and must be located a minimum of five feet from any lot line and 10 feet from any dwelling.
(3)
All honeybee colonies must be kept in removable frame or top bar hives.
(4)
When a beehive is located within 25 feet of a lot line, a flyway barrier of a minimum of six feet in height is required, located within five feet of the hive and extending at least two feet on either side of the hive. The flyway barrier must be made of a fence, tarp or dense vegetation to effectively prompt bees to fly at an elevation at least six feet above ground level.
(5)
A convenient source of water must be available to the bees from March 1 through October 1.
F.
Aquaculture shall only be permitted in the TBL Zoning District.
§ 325-27 Auto wash (car wash) establishments.
A.
This section applies to any auto wash established as a permanent use. This section does not apply to temporary auto wash activities sponsored by schools, nonprofit organizations or groups for the purposes of raising money for designated events.
B.
In addition to meeting the minimum yard and lot coverage requirements, any auto wash establishment shall be subject to the following regulations:
(1)
Shall not be closer than 200 feet to a residential district.
(2)
In addition to meeting the motor vehicle off-street parking and loading requirements of § 325-55, shall provide five stacking spaces per bay on the lot to prevent the waiting of automobiles in the public street.
(3)
Ingress and egress shall be designed to minimize traffic congestion; and for this purpose, the number and location of driveways shall be subject to the explicit approval of the Planning Board as part of site plan review.
(4)
The premises shall not be used for the sale, rent or display of automobiles, trailers, mobile homes, boats or other vehicles unless one of these uses is the permitted principal use on the lot and the auto wash is an accessory use to that principal use.
§ 325-28 Battery energy storage systems.
A.
Purpose. The standards of this section for battery energy storage system installation and usage have the following objectives:
(1)
To provide a regulatory scheme for the designation of properties suitable for the location, construction and operation of battery energy storage systems;
(2)
To ensure compatible land uses in the vicinity of the areas affected by battery energy storage systems; and
(3)
To mitigate the impacts of battery energy storage systems on environmental resources such as important agricultural lands, forests, wildlife and other protected resources.
B. BATTERY ENERGY STORAGE MANAGEMENT SYSTEM BATTERY ENERGY STORAGE SYSTEM(1) (2) BATTERY(IES) CELL COMMISSIONING DEDICATED-USE BUILDING(1) (2) (3) (4) (a) (b) NATIONALLY RECOGNIZED TESTING LABORATORY (NRTL) NEC NFPA NON-DEDICATED-USE BUILDING NONPARTICIPATING PROPERTY NONPARTICIPATING RESIDENCE OCCUPIED COMMUNITY BUILDING PARTICIPATING PROPERTY UL
Definitions. As used in this section, the following terms shall have the meanings indicated:
An electronic system that protects energy storage systems from operating outside their safe operating parameters and disconnects electrical power to the energy storage system or places it in a safe condition if potentially hazardous temperatures or other conditions are detected.
One or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a standalone twelve-volt car battery or an electric motor vehicle. A battery energy storage system is classified as a Tier 1 or Tier 2 battery energy storage system as follows:
Tier 1 battery energy storage systems have an aggregate energy capacity less than or equal to 600 kWh and, if in a room or enclosed area, consist of only a single energy storage system technology.
Tier 2 battery energy storage systems have an aggregate energy capacity greater than 600 kWh or are comprised of more than one storage battery technology in a room or enclosed area.
A single cell or a group of cells connected together electrically in series, in parallel, or a combination of both, that can charge, discharge and store energy electrochemically. For the purposes of this section, batteries utilized in consumer products are excluded from these requirements.
The basic electrochemical unit, characterized by an anode and a cathode, used to receive, store and deliver electrical energy.
A systematic process that provides documented confirmation that a battery energy storage system functions according to the intended design criteria and complies with applicable code requirements.
A building that is built for the primary intention of housing battery energy storage system equipment, is classified as Group F-1 occupancy as defined in the Uniform Code, and complies with the following:
The building's only use is battery energy storage, energy generation and other electrical grid-related operations.
No other occupancy types are permitted in the building.
Occupants in the rooms and areas containing battery energy storage systems are limited to personnel that operate, maintain, service, test and repair the battery energy storage system and other energy systems.
Administrative and support personnel are permitted in areas within the buildings that do not contain battery energy storage systems, provided the following:
The areas do not occupy more than 10% of the building area of the story in which they are located.
A means of egress is provided from the administrative and support use areas to the public way that does not require occupants to traverse through areas containing battery energy storage systems or other energy system equipment.
A U.S. Department of Labor designation recognizing a private sector organization to perform certification for certain products to ensure they meet the requirements of both the construction and general industry OSHA electrical standards.
National Electrical Code.
National Fire Protection Association.
All buildings that contain a battery energy storage system and do not comply with the dedicated-use building requirements.
Any property that is not a participating property.
Any residence located on nonparticipating property.
Any building in Occupancy Group A, B, E, I, R, as defined in the Uniform Code, including but not limited to schools, colleges, day-care facilities, hospitals, correctional facilities, public libraries, theaters, stadiums, apartments, hotels and houses of worship.
A battery energy storage system host property or any real property that is the subject of an agreement that provides for the payment of monetary compensation to the landowner from the battery energy storage system owner (or affiliate), regardless of whether any part of a battery energy storage system is constructed on the property.
Underwriters Laboratory, an accredited standards developer in the United States.
C.
Applicability.
(1)
The requirements of this § 325-28 shall apply to all battery energy storage systems permitted, installed or modified in the Village after the effective date of this chapter, excluding general maintenance and repair.
(2)
Modifications to and 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 § 325-28.
(3)
Tier 1 battery energy storage systems shall be permitted as an accessory use in all zoning districts when they are enclosed in a building and are used to store energy for a principal use on the property. These systems shall be subject to the Uniform Code and are exempt from Planning Board review. Examples of Tier 1 systems include: a battery bank installed in a residential garage to store energy collected from a dwelling's solar panels; a battery bank installed in the basement of an institutional, government or office building (e.g., university library, hospital, government offices).
(4)
Tier 2 battery energy storage systems shall be permitted in the TBL and E-C Zoning Districts with an approved special use permit and site plan from the Planning Board, with the following exception:
(a)
No Tier 2 battery energy storage system shall be located within 200 feet of a residential lot located in an R-SF, R-MF, NMU, GMU, DMU or MS Zoning District.
D.
General requirements.
(1)
A building permit shall be required for installation of all battery energy storage systems.
(2)
All battery energy storage systems, all dedicated-use buildings as defined in this section, and all other buildings or structures that contain or are otherwise associated with a battery energy storage system and 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, Energy Code and all applicable provisions of the codes, regulations and industry standards as referenced in the Uniform Code, the Energy Code and the Village Code.
E.
Special use/site plan application submission requirements. For a Tier 2 battery energy storage system, the special use permit and site plan applications shall be reviewed together by the Planning Board. In addition to the special use permit and site plan and application requirements of Articles XII and XIII, the following information shall be included:
(1)
A three-line electrical diagram detailing the battery energy storage system layout, associated components and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices.
(2)
A preliminary equipment specification sheet that documents the proposed battery energy storage system components, inverters and associated electrical equipment that are to be installed. A final equipment specification sheet shall be submitted prior to the issuance of a building permit.
(3)
Name, address and contact information of proposed or potential system installer and the owner and/or operator of the battery energy storage system. Such information for the final system installer shall be submitted prior to the issuance of a building permit.
(4)
Commissioning plan. Such plan shall document and verify that the system and its associated controls and safety systems are in proper working condition per requirements set forth in the Uniform Code. Where commissioning is required by the Uniform Code, battery energy storage system commissioning shall be conducted by a NYS-licensed professional engineer after the installation is complete but prior to final inspection and approval. A corrective action plan shall be developed for any open or continuing issues that are allowed to be continued after commissioning. A report describing the results of the system commissioning and including the results of the initial acceptance testing required in the Uniform Code shall be provided to the Code Enforcement Officer or reviewing board prior to final inspection and approval and maintained at an approved on-site location.
(5)
Fire safety compliance plan. Such plan shall document and verify that the system and its associated controls and safety systems are in compliance with the Uniform Code.
(6)
Operation and maintenance manual. Such plan shall describe continuing battery energy storage system maintenance and property upkeep, as well as design, construction, installation, testing and commissioning information, and shall meet all requirements set forth in the Uniform Code.
(7)
Erosion and sediment control and stormwater management plans prepared to NYS Department of Environmental Conservation standards, if applicable, and to such standards as may be established by the Planning Board.
(8)
Prior to the issuance of the building permit or final approval by the Planning Board, but not required as part of the application, engineering documents must be signed and sealed by a NYS-licensed professional engineer.
(9)
Emergency operations plan. A copy of the approved emergency operations plan shall be given to the system owner, the local fire department and local fire code official. A permanent copy shall also be placed in an approved location near the entrance of the facility to be accessible to facility personnel, fire code officials and emergency responders. The emergency operations plan shall include the following information:
(a)
Twenty-four-hour contact information of facility personnel and system owners;
(b)
Procedures for safe shutdown, de-energizing or isolation of equipment and systems under emergency conditions to reduce the risk of fire, electric shock and personal injuries, and for safe start-up following cessation of emergency conditions;
(c)
Procedures for inspection and testing of associated alarms, interlocks and controls;
(d)
Procedures to be followed in response to notifications from the battery energy storage management system, when provided, that could signify potentially dangerous conditions, including shutting down equipment, summoning service and repair personnel and providing agreed-upon notification to fire department personnel for potentially hazardous conditions in the event of a system failure;
(e)
Emergency procedures to be followed in case of fire, explosion, release of liquids or vapors, damage to critical moving parts or other potentially dangerous conditions. Procedures can include sounding the alarm, notifying the fire department, evacuating personnel, de-energizing equipment and controlling and extinguishing the fire;
(f)
Response considerations similar to a safety data sheet (SDS) that will address response safety concerns and extinguishment when an SDS is not required;
(g)
Procedures for dealing with battery energy storage system equipment damaged in a fire or other emergency event, including maintaining contact information for personnel qualified to safely remove damaged battery energy storage system equipment from the facility;
(h)
Other procedures as determined necessary by the Village to provide for the safety of occupants, neighboring properties and emergency responders, including but not limited to periodic inspections by the Code Enforcement Officer; and
(i)
Procedures and schedules to conduct drills and training for local first responders on the contents of the plan and appropriate response procedures.
(10)
Decommissioning plan. The applicant shall submit a decommissioning plan, developed in accordance with the Uniform Code, to be implemented upon abandonment and/or in conjunction with removal from the facility. The decommissioning plan shall include:
(a)
A narrative description of the activities to be accomplished, including who will perform that activity and at what point in time, for complete physical removal of all battery energy storage system components, structures, equipment, security barriers and transmission lines from the site;
(b)
Disposal of all solid and hazardous waste in accordance with local, state and federal waste disposal regulations;
(c)
The anticipated life of the battery energy storage system;
(d)
The estimated decommissioning costs prepared by an independent, third-party NYS-licensed professional engineer, and a description of how said estimate was determined;
(e)
The method of ensuring that funds will be available for decommissioning and restoration;
(f)
The method by which the decommissioning cost will be kept current;
(g)
The manner in which the site will be restored, including a description of how any changes to the surrounding areas and other systems adjacent to the battery energy storage system, such as, but not limited to, structural elements, building penetrations, means of egress and required fire detection suppression systems, will be protected during decommissioning and confirmed as being acceptable after the system is removed; and
(h)
A listing of any contingencies for removing an intact operational energy storage system from service, and for removing an energy storage system from service that has been damaged by a fire or other event.
F.
Development standards.
(1)
Downwind from residential areas. Tier 2 battery energy storage systems shall be downwind from adjacent residential areas according to prevailing wind patterns to minimize the risk of exposure to toxic chemicals that may be released in the event of system failure.
(2)
Height. Tier 2 battery energy storage systems in a dedicated-use building shall comply with the building height limitations for principal structures of the underlying zoning district.
(3)
Setbacks. Tier 2 battery energy storage systems shall comply with the setback requirements of the underlying zoning district for principal structures.
(4)
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 60 dBA as measured at the outside wall and/or the property line of any nonparticipating 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.
(5)
Fencing requirements. Tier 2 battery energy storage systems, including all mechanical equipment, shall be enclosed by a six-foot-high solid fence with a self-locking gate to prevent unauthorized access unless housed in a dedicated-use building and not interfering with ventilation or exhaust ports.
(6)
Screening and visibility. Tier 2 battery energy storage systems shall have views minimized from adjacent properties to the extent reasonably practicable using architectural features, earth berms, landscaping or other screening methods that will harmonize with the character of the property and surrounding area and not interfere with ventilation or exhaust ports.
(7)
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.
(8)
Hazardous waste containment. All Tier 2 electrochemical battery energy storage systems in a dedicated-use building shall include an impermeable foundation and containment perimeter to prevent hazardous waste from contaminating surrounding land and water resources.
(9)
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.
(10)
Signage.
(a)
A sign with twenty-four-hour contact information of facility personnel and system owners shall also be posted near the front entrance of the facility. The signage shall be in compliance with American National Standards Institute I Z535 and shall include the type of technology associated with the battery energy storage systems, any special hazards associated, the type of suppression system installed in the area of battery energy storage systems and twenty-four-hour emergency contact information, including reach-back phone number.
(b)
As required by the NEC, disconnect and other emergency shutoff information shall be clearly displayed on a light-reflective surface. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.
(11)
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. Any utility lines installed above ground on agricultural land in a NYS-certified Agricultural District shall provide a minimum clearance of 18 feet as measured between the lowest point of the utility line and finished grade so as to minimize interference with agricultural equipment that may be used in the surrounding area. The installation of guy wires should be avoided as they interfere with the operation of agricultural equipment.
G.
Decommissioning fund. The owner and/or operator of the energy storage system shall continuously maintain a fund or bond payable to the Village, in a form approved by the Village, for the removal of a Tier 2 battery energy storage system, in an amount to be determined by the Village, for the period of the life of the facility. This fund may consist of a letter of credit from a NYS-licensed financial institution. All costs of the financial security shall be borne by the applicant.
H.
Safety standards for battery energy storage systems.
(1)
System certification.
(a)
Battery energy storage systems and equipment shall be listed by a nationally recognized testing laboratory to UL 9540 (Standard for Battery Energy Storage Systems and Equipment), with subcomponents meeting each of the following standards as applicable:
[1]
UL 1973 (Standard for Batteries for Use in Stationary, Vehicle Auxiliary Power, and Light Electric Rail Applications).
[2]
UL 1642 (Standard for Lithium Batteries).
[3]
UL 1741 or UL 62109 (Standard for Inverters and Power Converters).
[4]
Certified under the applicable electrical, building and fire prevention codes as required.
(b)
Alternatively, field evaluation by an approved testing laboratory for compliance with UL 9540 and applicable codes, regulations and safety standards may be used to meet system certification requirements.
(2)
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.
(3)
Site access. Site access shall be maintained, including snow removal, at a level acceptable to the local fire department and local ambulance corps.
(4)
Emergency response training. Upon project completion and annually for the life of the project, the applicant shall schedule and coordinate emergency response training with facility personnel, fire code officials, emergency responders, and allow the St. Lawrence County Emergency Management Office to tour the battery energy storage system and review implementation of the procedures outlined in the facility's emergency response plan.
(5)
Emergency response equipment. In the event it is not available, the applicant shall be responsible for purchasing equipment and materials needed for emergency responders to implement procedures outlined in the facility's emergency response plan. Items may include, but are not limited to, air monitors, ventilators and fans, and fire suppression.
I.
Ownership changes. If the owner of a Tier 2 battery energy storage system changes or the owner of the property changes, the special use permit shall remain in effect, provided 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 Tier 2 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 shall be void if a new owner or operator fails to provide written notification to the Code Enforcement Officer in the required time frame. Reinstatement of a void special use permit will be subject to the same review and approval processes for new applications under this section.
J.
Permit time frame and abandonment.
(1)
The special use permit and site plan approval for a battery energy storage system shall be valid for a period of 24 months, provided that a building permit is issued for construction. 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 24 months after approval, the Village may extend the time to complete construction for 180 days. If the owner and/or operator fails to perform substantial construction after 36 months, the approvals shall expire.
(2)
The battery energy storage system shall be considered abandoned when it ceases to operate consistently for more than one year. If the owner and/or operator fails to comply with decommissioning upon any abandonment, the Village 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.
§ 325-29 Commercial excavation.
A.
Applicability. The following excavation activities are permitted meeting the standards of Subsection B below with site plan approval; no other excavation or extraction operations are permitted:
(1)
Excavation operations from which fewer than 1,000 tons or 750 cubic yards, whichever is less, of a mineral are removed for sale, exchange or other use during a twelve-month period.
(2)
Excavation or grading operations that may exceed the removal of 1,000 tons or 750 cubic yards of material conducted solely in aid of on-site development or agricultural activities and where an exemption from a mined land reclamation permit for such activity has been approved by the NYS Department of Environmental Conservation.
B.
Standards.
(1)
In addition to providing the data required of a plat subdivision per the subdivision regulations of Chapter 280, Subdivision of Land, § 280-11, a site plan shall be provided that includes all existing and proposed grades, stockpile, equipment storage areas, haul roads, and other information that the Planning Board finds prudent. A detailed engineer's report with sequencing narrative shall also be prepared before an application can be entertained.
(2)
Proper erosion and sediment controls shall be kept and maintained in place continuously until stabilization is achieved per requirements contained in the stormwater pollution prevention plan (SWPPP).
(3)
Removals shall take place during weekdays only from 7:30 a.m. to 5:00 p.m., excluding the following holidays: Christmas, New Year's Day, Thanksgiving, Independence Day, Memorial Day and Labor Day.
(4)
On-site gravel and overburden will be utilized for all on-site construction first, with excess material only being removed from the site.
(5)
Vehicular traffic should be limited to confined areas to avoid over-compaction of potential recharge areas. Portions of these confined areas that are not directly beneath proposed buildings and/or driveways shall be adequately scarified to promote recharge. When reclaiming and/or landscaping disturbed areas, only permeable soils shall be utilized. Preventive measures must also be taken, per the SWPPP, to prevent the migration of fine-grained materials, during and after construction, into the recharge areas. It is recommended that revegetation occur soon after removal and grading in an ongoing and concurrent manner, especially if the areas in question are not planned to be reclaimed by construction in the very near future.
(6)
No on-site screening or crushing of materials shall be allowed without express written authorization by the Planning Board. A detailed site plan showing the locations and specifications of any such proposed equipment shall be submitted to the Planning Board in advance of considering same.
(7)
The Planning Board may impose such conditions as it deems prudent and reasonable to protect the general welfare of the community and quality of project proposed. The Planning Board may also retain a landscape architect, professional engineer or other specialists at the applicant's expense to assist in reviewing and monitoring such projects.
(8)
A surety bond may be required by the Planning Board to adequately cover the cost of reclamation, to remedy violations and/or to repair damage caused to local roads.
(9)
Topsoil sufficient for reclamation shall be stored in an approved area on premises.
(10)
No on-site burial of any materials shall be allowed.
(11)
The processing of any materials, if so approved, shall be limited to products produced on the premises.
(12)
Approvals may be withdrawn if any conditions of same are violated after 30 days' written notice. Continuance of work after approvals are withdrawn shall be a violation of Village Law.
§ 325-30 Drive-through window facilities.
A.
Due to potential impacts on traffic volume, vehicular and pedestrian circulation and the environment, the following additional standards are required for the permitting of drive-through windows.
(1)
Site location criteria. The site of the drive-through window shall meet all of the following criteria:
B.
General design standards. All the following must be provided for the primary use to be granted a building permit for a drive-through window:
(1)
Lighting. All lighting on the exterior of the building shall be of an indirect nature, emanating only from fixtures located under canopies or hoods, under eaves of buildings and at ground level in the landscaping. Freestanding pole lights shall not exceed a maximum height of 14 feet and shall be so arranged and shielded that there shall be no glare or reflection onto adjacent properties or public rights-of-way.
(2)
Signs should be placed and waiting lanes should be designed so that waiting cars do not block sidewalks or public streets.
(3)
Landscaping, waiting-lane devices and overall design should not prevent vehicles from safely and efficiently leaving waiting lanes.
(4)
Traffic circulation.
(a)
A traffic study addressing both on-site and off-site traffic and circulation impacts is required.
(b)
Pedestrians should be able to enter the establishment from the parking lot or sidewalk without crossing the waiting or exit lanes, when practicable.
(c)
Waiting lanes shall accommodate the following number of cars to be in a queue or stacked based on the use:
(d)
Waiting lanes shall be designed for the maximum length possible. At a minimum, waiting lanes should accommodate average peak monthly traffic flow, allowing 20 feet per vehicle. Applicants must provide data about the peak flows of the business to determine the minimum waiting needed.
(e)
The waiting lane shall be independent of any on-site parking, parking maneuvering areas, public streets or traffic ways serving other on- and/or off-site uses.
C.
Site plan requirements. In addition to the general requirements for site plan review, drive-through window site plans must include the following features:
§ 325-31 Fences, walls and hedges.
The following standards shall apply to fences, walls and hedges for all uses in all districts except agriculture, which shall be exempt.
B.
Location.
(1)
Fences located on properties in the MS Zoning District shall not be located in the front yard. This provision applies to all sides fronting a street on a corner lot.
(2)
Fences and freestanding walls shall be set back at least eight feet from the street line of the pavement and 2 1/2 feet from the interior edge of the sidewalk. Hedges greater than three feet in height shall be set back eight feet from the street line of pavement.
(3)
Fences, freestanding walls and hedges greater than three feet in height shall not be located within 20 feet of a street intersection as measured from the street center line, except in the MS and DMU Zoning Districts. The height of three feet shall be measured above the curb level, if any, or above the existing road level. In no event, however, shall a hazard to traffic be erected or maintained.
C.
Height.
(1)
No fence or freestanding wall shall exceed four feet in height, as measured from the ground, in any front yard.
(2)
No fence or freestanding wall shall exceed six feet in height, as measured from the ground, in any side or rear yard.
(3)
A maximum of 10 feet in height measured from the ground shall be allowed to enclose a private or public tennis court, basketball or sports courts, provided that the fence is semi-transparent, and provided the fence is set back at least 10 feet from the property line.
D.
Materials and construction.
(1)
All fences and freestanding walls shall be installed so the finished side shall face the adjoining lot, public rights-of-way and shared private rights-of-way; all bracing shall be on the inside of the fence.
(2)
Barbed wire, electric fence, chicken wire, pallets, tires and plywood shall not be used as a fencing material or as any part of a fence visible from the public right-of-way. Construction fencing shall only be utilized in association with a construction project with an open building permit.
(3)
Retaining walls visible from the public right-of-way shall be faced with masonry or other decorative screening, textures, design or landscaping to minimize the blank appearance of walls and ensure compatibility with existing structures.
(4)
All retaining walls four feet in height or greater, measured from finished grade of the lowest side of the wall, shall require a set of stamped plans and specifications by a licensed engineer or landscape architect as required by the Uniform Code.
(5)
All fences, walls and hedges shall be maintained and, when necessary, repaired or replaced.
§ 325-32 Gasoline service stations.
A. CANOPY FUEL PUMP PUMP ISLAND
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any structural protective cover that is not enclosed on any of its four sides and is provided to designate a service area for the dispensing or installation of gasoline, oil, antifreeze, headlights, wiper blades and similar products.
Any device that dispenses automotive fuel and/or kerosene. A fuel pump may contain multiple hoses or be capable of serving more than one fueling position simultaneously.
A concrete platform measuring a minimum of six inches in height from the paved surface on which fuel pumps are located.
B.
General standards.
(1)
A gasoline service station lot, fuel pump and/or fuel storage tanks shall not be located within 2,500 feet of any municipal water wells or other municipal water supply source. All fuel storage tanks shall comply with all federal and state regulations.
(2)
No building, parking or service area shall be closer than 100 feet to any existing residential structure located within the R-SF or R-MF Zoning District, or any lot occupied by a school, hospital or religious institution, or closer than 200 feet to the Grasse River as measured at the mean high water mark.
(3)
The minimum distance between the boundary of the property where the gasoline service station is located and the boundary of any other property with said gas station shall be 300 feet. Measurement shall be made with reference to the nearest respective lot lines.
(4)
All fuel pumps and pump islands shall be set back a minimum distance of at least 30 feet from any right-of-way line or property.
(5)
Fuel pumps and canopied areas are preferred to be located between the principal building and the side or rear lot line and not between the building and the street. The Planning Board may waive this provision if the applicant demonstrates there are practical difficulties with the site for safe access, or the visual aesthetics would be improved with a different configuration.
(6)
All permitted accessory services shall occur within enclosed buildings.
(7)
Principal buildings shall be oriented to the street.
(8)
Principal buildings and canopies should have pitched roofs.
(9)
Outdoor storage of motor vehicles is prohibited. Premises shall not be used for the sale, rental or display of automobiles, recreational vehicles, trailers, boats or other vehicles.
C.
Canopies.
(1)
Canopies shall not exceed 16 feet in height from finished grade to the underside of the canopy.
(2)
Canopies shall be architecturally integrated with the principal building and all other accessory structures on the site by use of the same or compatible materials, colors and roof pitch.
(3)
Any lighting fixtures or sources of light that are a part of the underside of the canopy shall be recessed into the underside of the canopy so as not to protrude below the canopy ceiling surface more than two inches to prevent glare from any point outside the area covered by the pump.
(4)
Signage, including logos and trademarks, is prohibited on the canopy or canopy supports. This prohibition does not include noncommercial information located on support structures, provided the noncommercial information is printed at the minimum size necessary to convey the information.
(5)
Canopy banding with striping or color accents on the canopy or canopy support structures is prohibited.
D.
Independent traffic study. An independent traffic study shall be conducted by a professional consultant to assess the impact(s) of the development's fuel pump component on pedestrian and vehicular traffic, to include bicycles, horse-drawn buggies and handicapped accessibility, both on and surrounding the development site, and an acceptable plan shall be presented to deal with said impact(s). The cost of the study shall be paid by the applicant.
§ 325-33 Home occupations.
A.
Purpose. The intent of regulations governing home occupations is to protect the character of the surrounding neighborhood, particularly adjacent residential uses, from intrusions and nuisances created by operating businesses in a residential area, while recognizing the needs of certain residents and the community benefits of allowing certain types of work to be performed in the home. Customary and inconspicuous businesses, such as accounting, clothing alterations, hair care, word processing, consulting, drafting, telephone surveys or sales, graphic design, photography, office uses, instruction, baking and arts and crafts production are examples of home occupations that can usually satisfy the minimum standards for home occupations.
B.
Minor home occupation. The following home occupation activities are considered minor home occupations, provided that all persons engaged in such activities reside on the premises:
(1)
Artists, such as but not limited to sculptors and composers.
(2)
Craft work, such as but not limited to woodworking, jewelry-making and pottery.
(3)
Home offices with activities that may include receipt of mail and the making and receiving of telephone calls or other routine office work done exclusively by the dwelling unit resident related to a business or organization, to the extent that nonresident visitors do not customarily come to the property.
(4)
Telephone answering and message services.
C.
Major home occupation.
(1)
Permitted major home occupations as defined in this chapter include activities that meet the standards below and are permitted to have a limited number of employees and client visits to the residence.
(2)
Minimum requirements for a major home occupation. Major home occupations shall comply with the following requirements:
(a)
No structure shall display or create outside the building any evidence of the home occupation or profession, except such sign as may be permitted under the sign requirements of this chapter. The home occupation shall not significantly change the exterior appearance of the residence, other than by the addition of the permitted signage.
(b)
Not more than one nonresident employee, whether full-time or part-time, shall be employed in the home occupation. The employment of a person to provide cleaning, landscaping or maintenance services to the premises shall not be considered the employment of a full-time or part-time nonresident employee with reference to the home occupation.
(c)
The home occupation shall be clearly incidental and secondary to the principal use of the dwelling unit for residential purposes. The establishment and conduct of the home occupation shall not change the principal character or use of the dwelling unit involved.
(d)
The home occupation shall be conducted entirely within the primary structure on the premises.
(e)
The home occupation shall utilize not more than 15% of the total floor area of the primary structure on the premises.
(f)
Only one home occupation shall be conducted upon the premises. An exception from this requirement may be granted by the Planning Board upon a showing that the presence of proposed multiple-home occupations at a particular location, by their nature and operation, will not be hazardous or inconvenient to the neighborhood, nor conflict with the normal traffic of the neighborhood or otherwise be contrary to the purpose stated in this § 325-33. If an exception is granted, the Planning Board may impose reasonable conditions upon the operation of each of the permitted home occupations, consistent with the purpose of this section.
(g)
The home occupation shall produce no noise, vibration, glare, objectionable fumes or odors, or electrical interference detectable to normal sensory perception on adjacent lots.
(h)
Retail sales of products not produced on the premises shall be prohibited, except for the sale of products incidental to services offered by the home occupation.
(i)
No stock-in-trade shall be kept, or commodities sold, other than incidental supplies necessary for and consumed in the conduct of such home occupation. Inventory and supplies shall not occupy more than 50% of the area permitted to be used as a home occupation.
(j)
No storage or display materials, goods, supplies or equipment related to the operation of a home occupation shall be visible from the outside of any structure located on the premises.
(k)
No mechanical equipment shall be used as part of the home occupation, except such as may be used for domestic or household purposes, or as deemed similar to power and type.
(l)
Such home occupation shall not require internal or external alteration or invoke construction features not customarily in a dwelling.
(m)
No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in a required front yard.
(n)
No business activities involving clients or customers on the premises shall be conducted between the hours of 9:00 p.m. and 8:00 a.m.
D.
Prohibited home occupations. The following businesses are prohibited as home occupations: automotive vehicle repair, body shop, machine shop, welding shop, salvage yard, auto or vehicle sales, and commercial outdoor storage or parking.
E.
Nontransferable permit. Notwithstanding other provisions of this chapter, an approved zoning permit or special use permit for a home occupation is not transferable from the holder to another person or entity.
(1)
If a zoning permit or special use permit is held by the owner of the property where a home occupation has been authorized, the permit shall be void as of the date of the transfer of the owner's legal or equitable interest in the property. For purposes of this provision, a transfer of the owner's interest in the property by land contract shall be considered a sale upon the execution of the land contract. For purposes of this provision, a transfer of the owner's interest in the property by deed shall be considered a sale upon transfer of title.
(2)
If a zoning permit and/or special use permit is held by a lessee of the property where such permit has been authorized, the permit shall be void as of the date of the termination of the lease. For the purpose of this section, a lease includes written and oral leases, as well as month-to-month tenancies and tenancies for specific terms.
§ 325-34 Manufactured homes; manufactured home parks.
A.
Manufactured homes shall be located on individual lots as single-family residential dwellings only.
B.
Manufactured home parks or courts are prohibited.
C.
Manufactured homes situated in the Village shall be subject to the following requirements:
(1)
A manufactured home must bear the U.S. Housing and Urban Development (HUD) seal.
(2)
A manufactured home must be placed parallel to the street.
(3)
All replacement and new manufactured homes must have continuous, permanent masonry foundations, unpierced except for required ventilation with access installed under the home. The foundation shall be aesthetically compatible with the home and have the appearance of site-built construction.
(4)
All wheels, axles and towing devices must be removed from the manufactured home.
(5)
Siding on a manufactured home must be nonmetallic and nonreflective, e.g., wood, vinyl, log or cedar shakes.
(6)
The minimum roof slope of the manufactured home must be 3-12 pitch and have eave projection of at least four inches.
§ 325-35 Mini self-storage unit facility; mini self-storage units.
A.
Mini-self storage unit structures shall be no more than one story in height, and an exterior wall shall not exceed nine feet in height, and the maximum building height shall be 15 feet.
B.
No building shall exceed 150 feet in length.
C.
Buildings must be constructed on a permanent foundation, and the buildings must conform to the requirements of the NYS Uniform Code.
D.
No storage unit door shall face the road frontage.
E.
If more than one building, buildings shall be connected with an internal vehicular circulation system with a minimum width of 24 feet.
F.
Mini self-storage unit facilities shall provide landscaping in accordance with § 325-54 along all lot lines adjacent to residentially developed property.
G.
Security fencing used to protect the facility shall be located on the inside of the landscaping and screening.
§ 325-36 Motor vehicle repair services.
A.
For all overnight storage parking associated with automotive repair uses, perimeter screening as prescribed in § 325-54, Landscaping and screening, shall be provided to screen the parking from the public right-of-way and/or neighboring residential uses.
B.
Outside storage or parking of any disabled, wrecked or partially dismantled vehicle is not permitted for a period exceeding 60 days.
§ 325-37 Multifamily dwellings; minimum floor area.
A.
The minimum living area shall be 600 square feet for all dwelling units with at least one bedroom in a multifamily dwelling.
B.
The minimum living area shall be 480 square feet for an efficiency unit without a separate bedroom, except as provided in Subsection C below.
C.
For congregate senior citizen housing and residential care facilities, the minimum floor area shall be 300 square feet for each bedroom the dwelling unit provides.
§ 325-38 Nonresidential uses in NMU District.
A.
Purpose. The NMU Zoning District represents gateway areas and neighborhood streets of important historic character. To encourage preservation and continued use of these valuable buildings in an existing mixed-use setting, conversion to nonresidential uses such as small-scale retail and service businesses, offices and home occupations, which can be located in existing structures historically more residential in nature and blend with existing residential character, is permitted. Such uses are also permitted on underutilized or vacant lots requiring new construction to maintain the viability of these corridors and neighborhoods.
B.
Permitted uses.
(1)
A number of nonresidential uses are permitted in the NMU Zoning District as provided in Schedule A: Permitted Uses,[1] within a principal building in existence at the time adoption of this chapter or as new construction on a vacant or underutilized lot in existence at the time of adoption of this chapter.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
(2)
Existing principal buildings shall not be removed and replaced to accommodate these nonresidential uses as the intent is to preserve the existing character and historic context of the neighborhood.
(3)
The maximum area of any use noted with an asterisk (*) in Schedule A: Permitted Uses, shall be 2,500 square feet of gross floor area.
§ 325-39 Outdoor storage as accessory commercial use.
A.
All outdoor storage areas shall be at least 20 feet from all property lines.
B.
All outdoor storage areas shall be screened from the public right-of-way and adjacent properties pursuant to § 325-54, Landscaping and screening.
C.
Outdoor storage shall not be construed to include a junkyard or any similar use and shall meet the requirements of other provisions in the Village Code.
§ 325-40 Portable storage containers.
A.
Trucks, truck bodies, livestock trailers, semi-trailers, buses, house trailers and recreational vehicles shall not be utilized for the storage of property and are not considered lawful storage containers.
B.
Temporary portable storage containers used as part of an active renovation or construction project, or which are necessitated by an unforeseen and uncontrollable event, or to assist in moving into or out of a property may be used temporarily but shall not be placed on the streets or sidewalks or in front yards other than on a driveway. Such portable storage containers shall not be placed on any property more than two times per calendar year and not for more than 30 days at a time. The Code Enforcement Officer may approve an extension of up to three months for good cause shown.
C.
Lawful storage containers that are not temporary and/or associated with an activity as described in Subsection B above shall only be permitted on lots that are a minimum of two acres in size. Such storage containers shall only be located in the rear or side yard and shall not be visible, year-round, from the public right-of-way (street), or to adjacent properties.
§ 325-41 Solar energy systems.
A.
Definitions. Tier 1 and Tier 2 solar energy systems are defined under "solar energy system" in Article XVII, Definitions, of this chapter.
B.
Requirements for Tier 1 solar energy systems.
(1)
Permitting requirements.
(a)
All Tier 1 solar energy systems generating no more than 25 kW or requiring no more than 1,350 square feet of surface area, whichever is greater, shall be permitted in all zoning districts except the Historic District Overlay (HDO) with the issuance of a building permit from the Code Enforcement Officer, provided the standards of this Subsection B are met.
(b)
Within the HDO, small-scale solar energy systems that are roof- or building-mounted or building-integrated shall require Planning Board review pursuant to § 325-21.
(c)
Ground-mounted Tier 1 solar energy systems, as defined in this chapter, requiring more than 1,351 square feet of surface area for installation in any zoning district shall require site plan review.
(2)
Roof- or building-mounted Tier 1 solar energy systems.
(a)
Solar panels facing the front yard must be mounted at the same angle as the roof's surface, with a maximum distance of 18 inches between the roof and highest edge of the system.
(b)
Within the HDO, roof- or building-mounted systems shall not be visible from the front yard.
(c)
Within the HDO, roof- or building-mounted and building-integrated systems shall be permitted where it can be demonstrated that the solar energy system will not detract from a building's architectural integrity and is as unobtrusive as possible. Solar energy systems and related equipment may not hide significant architectural features from street view, result in the loss of these features or become a major feature of the design because they are large in scale.
(3)
Ground-mounted Tier 1 solar energy systems.
(a)
Ground-mounted solar energy systems shall meet the following setbacks:
(b)
Ground-mounted solar energy systems shall be screened from the view of the public right-of-way and shall not obstruct or otherwise impede the scenic views from existing buildings on neighboring properties. Screening shall be comprised of berms, fencing or landscaping that retains its ability to provide screening in the winter, such as evergreen or fir trees.
C.
Requirements for Tier 2 solar energy systems.
(1)
Applicability and permitting.
(a)
This subsection applies to the siting of Tier 2 solar energy system installations that may be installed as a principal use on a lot as permitted in certain zoning districts in Schedule A,[1] or may be an accessory or secondary use to another principal use for on-site and off-site consumption.
[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
(2)
Roof- or building-mounted large-scale solar energy systems.
(a)
Tier 2 roof-mounted solar energy systems shall be mounted parallel to the roof or with minimal tilt.
(3)
Tier 2 ground-mounted solar energy systems shall meet the following setbacks:
(4)
Impervious surface calculation. Solar energy systems shall be included in calculations for impervious cover as defined in Article XVII, Definitions, and as regulated in Schedule B: Lot Dimensional Standards, of this chapter for the zoning district in which they are located.[2]
[2]
Editor's Note: Schedule B is included as an attachment to this chapter.
(5)
Site plan review additional information. In addition to the information required for site plan review in Article XII, the following information shall be required:
(a)
Blueprints or drawings of the solar energy system showing the proposed layout of the system, any potential shading from nearby structures, the distance between the proposed solar collector and all property lines and existing on-site buildings and structures, and the tallest finished height of the solar collector.
(b)
Documentation of the major system components to be used, including the panels, mounting system and inverter.
(c)
Name, address and contact information for proposed system installer.
(d)
Documentation of actual or prospective access and control of the project site sufficient to allow for construction and operation of the proposed solar energy system.
(e)
An operation and maintenance plan that shall include measures for maintaining safe access to the installation, stormwater controls and general procedures for operational maintenance of the installation.
(f)
Proof of liability insurance.
(g)
Utility notification. No grid-intertied photovoltaic system shall be installed until evidence has been given to the Planning Board that the owner has submitted notification to the utility company of the customer's intent to install an interconnected customer-owned generator.
(h)
A decommissioning plan. To ensure the proper removal of a large-scale ground-mounted solar energy production facility, a decommissioning plan shall include the requirements of Subsection C(6) below and specify that after the large-scale solar energy production facility can no longer be used, it shall be removed by the applicant or any subsequent owner. The plan shall demonstrate how the removal of all infrastructure and remediation of soil and vegetation shall be conducted to return the parcel to its original state prior to construction. The plan shall also include an expected time line for execution. Removal of the large-scale solar energy production facility must be completed in accordance with the decommissioning plan.
(i)
Financial surety. Applicant shall provide a cost estimate detailing the projected cost of executing the decommissioning plan prepared by a professional engineer or contractor, as well as the manner in which the surety will be held pending the final decommissioning and removal.
(6)
Additional development standards.
(a)
Lighting. Lighting of a large-scale ground-mounted solar energy facility shall be consistent with local, state and federal law. Lighting of other parts of the installation, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. Where feasible, lighting of the solar energy system shall be directed downward and shall incorporate full cut-off fixtures to reduce light pollution.
(b)
Signage. Signs on a large-scale ground-mounted solar energy facility shall comply with the signage requirements of this chapter and shall be required to identify the owner and provide a twenty-four-hour emergency contact phone number. Solar energy systems shall not be used for displaying any advertising, except for reasonable identification of the manufacturer or operator of the solar energy system.
(c)
Utility connections. Reasonable efforts, as determined by the Planning Board, shall be made to place all utility connections from the solar energy installation underground, depending on appropriate soil conditions, shape and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider.
(d)
Emergency services. The large-scale ground-mounted solar facility owner or operator shall provide a copy of the project summary, electrical schematic and site plan to the Village Fire Chief. Upon request, the owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the solar energy system shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.
(e)
Land clearing, soil erosion and habitat impacts. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of a large-scale ground-mounted solar energy facility or otherwise prescribed in the Village Code and other applicable laws, regulations and ordinances.
(7)
Abandonment or decommissioning.
(a)
Removal requirements. Any large-scale ground-mounted solar production facility that has reached the end of its useful life or has been abandoned shall be decommissioned within 12 months after the date of discontinued operations. Decommissioning shall include the following activities:
[1]
Physical removal of all solar energy systems, structures, equipment, security barriers and transmission lines from the site.
[2]
Disposal of all solid and hazardous waste in accordance with local, state and federal waste disposal regulations.
[3]
Stabilization or revegetation of the site as necessary to minimize erosion. The Code Enforcement Officer may allow the owner or operator to leave landscaping or designated below-grade foundations to minimize erosion and disruption to vegetation.
(b)
Abandonment. Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the large-scale ground-mounted solar energy system shall be considered abandoned when it fails to operate for more than one year without the written consent of the Planning Board. If the owner or operator of the solar energy system fails to remove the installation in accordance with the requirements of this section within 180 days of abandonment or the proposed date of decommissioning, the Village retains the right, after the receipt of an appropriate court order, to enter and remove an abandoned, hazardous or decommissioned large-scale ground-mounted solar energy system at the cost of the landowner.
(c)
As a condition of site plan approval, the applicant and landowner shall agree to allow entry to remove an abandoned or decommissioned installation.
§ 325-42 Townhouses in R-SF District.
To maintain the lower density character of a single-family residential neighborhood, there shall be no more than two townhouse-style dwelling units attached by a common wall on each lot and otherwise meeting the definition of "townhouse" as provided in Article XVII of this chapter.
§ 325-43 Wind energy conversion systems, small.
A.
Purpose and findings. The purpose of this section is to provide a regulatory scheme for the construction and operation of small wind energy conversion systems in the Village, subject to reasonable restrictions that will preserve the public health and safety of the Village's residents. Wind energy is an abundant, renewable and nonpolluting energy resource, and its conversion to electricity will reduce dependence on nonrenewable energy resources and decrease the air and water pollution that results from the use of conventional energy sources. Wind energy conversion systems also enhance the reliability and the power quality of the power grid, reduce peak power demands and help diversify the state's energy supply portfolio.
B. OFF-GRID SYSTEM ON-GRID SYSTEM
Definitions. As used in this section, the following terms shall have the meanings indicated:
The turbine and load it serves are not connected to a larger electrical network. These usually have some form of energy storage device, e.g., batteries, to supply reserve power when energy demand exceeds wind supply.
The turbine and load it serves, i.e., house, are connected to the transmission grid. The house receives its electricity from the turbine when wind is available and from the grid when backup is needed.
C.
Permits and referrals.
(1)
In all zones in which small wind energy conversion systems are permitted, prior to the issuance of a building permit the Code Enforcement Officer shall refer the applicant to the Planning Board for completion of a special use permit and site plan review.
(2)
Submission requirements. The following elements shall be included in the submission:
(a)
The applicant's and landowner's name and contact information.
(b)
The Tax Map numbers, existing use and acreage of the site parcel.
(c)
Standard drawings of the wind turbine structure, including the tower, base and footings, drawings of access roads and an engineering analysis and certification of the tower, showing compliance with the applicable building code.
(d)
Data pertaining to the tower's safety and stability, including safety results from test facilities.
(e)
Proposal for landscaping and screening. Appropriate landscaping is required to keep the site in a neat and orderly fashion. Appropriate screening is also required to screen accessory structures from adjacent residences.
(f)
A full environmental assessment form (EAF) and visual environmental assessment form (Appendix C to 6 NYCRR 617.20) prepared in accordance with the State Environmental Quality Review Act.
D.
Lot size. A wind energy system shall not be located on a lot under one acre in size.
E.
Tower height. Towers shall not exceed 80 feet or as constrained by the setback requirement of Subsection F below. Tower height is a measurement of the portion of the fixed tower above grade, excluding the wind turbine itself.
F.
Setback. Setbacks 25 feet plus the height of the unit (tower and rotor). Side and rear setbacks shall be a minimum of 10 feet plus the height of the unit (tower and rotor).
G.
Sound. Small wind energy conversion systems shall not exceed 45 dBA, as measured at the closest neighboring dwelling. The level may be exceeded during short-term events such as utility outages and/or severe windstorms. When determining the level of sound, measurements shall be averaged over a twenty-four-hour time period.
H.
Safety. Wind turbine towers shall not be climbable up to 15 feet above ground level.
I.
Compliance with regulations.
(1)
Small wind turbines must have been approved under any other small wind certification program recognized by the American Wind Energy Association.
(2)
Compliance with the Uniform Code. Building permit applications for small wind energy conversion systems 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 Uniform Code and certified by a licensed professional engineer shall also be submitted. This analysis is frequently supplied by the manufacturer. Wet stamps shall not be required.
(3)
Compliance with Federal Aviation Administration (FAA) regulations. Small wind energy conversion systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.
(4)
Compliance with National Electrical Code (NEC). Building permit applications for small wind energy systems shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the NEC. This information is frequently supplied by the manufacturer.
J.
Utility notification. No small wind energy system shall be installed until proof 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.
K.
Multiple turbines. In the event of multiple small wind turbines, the resulting aggregate installation must meet the sound, setback and safety requirements that exist for other structures.
L.
Removal. If the small wind energy conversion system is inoperable after 12 months, the owner must remove the tower within 60 days.
§ 325-44 Wireless communications facilities.
A.
Applicability.
(1)
No wireless communications facility, except small cell wireless communications facilities as separately defined in this chapter and § 325-45, shall hereafter be erected, moved, reconstructed, changed or altered without conforming to these regulations. No existing structure shall be modified to serve as a wireless communications tower unless conforming to these regulations.
(2)
Exemptions. The following uses and activities are exempt from the requirements of this section; however, other permits may be required from the Code Enforcement Officer:
(a)
Replacement, repair, rebuilding or upgrading of existing wireless communications facilities to current engineering, technology or communications standards, so long as such facilities are not increased in height by more than 20 feet or 10%.
(b)
Antennas used solely for residential household television and radio reception.
(c)
Amateur HAM radio antennas, as defined in this chapter, with a height of 45 feet or less.
B.
Administrative review and required approvals.
(1)
Application for shared use (collocation) on an existing wireless communications tower.
(a)
At all times, collocation or use of existing wireless communications facilities shall be preferred to shared use of other existing tall structures or construction of new wireless communications facilities. For purposes of this section, "existing wireless communications facility" shall mean a wireless communications tower facility in existence at the time an application for collocation is submitted to the Code Enforcement Officer.
(b)
An additional antenna is permitted upon issuance of a zoning permit if such antenna will not extend the total tower height by more than 20 feet or 10%. The zoning permit application must include the following:
[1]
Documentation of intent from the owner of the existing wireless communications facility to allow shared use.
[2]
A certified structural analysis report from a NYS-licensed engineer certifying that the proposed collocation will not diminish the structural integrity and safety of the existing tower or explaining what modifications, if any, would be required to certify the above. The height of the new antenna shall not extend above the height of the existing structure by more than 10 feet.
[3]
A copy of the Federal Communications Commission (FCC) license for operation of the new equipment.
(c)
An additional antenna that extends the total tower height by more than 20 feet shall require site plan review. The site plan review application must include the following:
[1]
Documentation of intent from the owner of the existing telecommunications facility to allow shared use.
[2]
Documentation that the height extension of more than 10 feet is necessary and that the height extension is the minimum required to provide the proposed area with wireless communications services.
[3]
Documentation of tower setbacks from lot lines. The extended tower height must meet the minimum setback from any property line at a distance at least equal to the tower height. The minimum setback requirements may be increased at the discretion of the Planning Board as part of the site plan review procedures, or it may be decreased in those instances where the owner/applicant has previously approved plans for a tower design in such a manner as to collapse within a smaller area.
[4]
A certified structural analysis report from a NYS-licensed engineer certifying that the proposed collocation will not diminish the structural integrity and safety of the existing tower or explaining what modifications, if any, would be required in order to certify the above.
[5]
A copy of the FCC license for operation of the new equipment.
(2)
Permitting process for new wireless communications facilities.
(a)
A special use permit and site plan review shall be required for the placement of a wireless communications facility in or on an existing tall structure other than an existing wireless communications tower and for the construction of a new tower. The application process for special use permits is provided in Article XIII and the additional criteria are set forth below in Subsection C.
(b)
The applicant shall be required to submit a report demonstrating good faith efforts to secure shared use from existing towers, including: an inventory of facilities within the Village and surrounding municipalities, outlining opportunities for shared use as an alternative to the proposed wireless communications tower; copies of written requests and responses for shared use based on the inventory; and, if applicable, demonstration of the impracticality of upgrading or expanding an existing site within the Village or surrounding municipalities.
C.
Design and site development standards. A special use permit application for a new wireless communications tower shall include a site plan that demonstrates compliance with each of the following standards:
(1)
The antenna facility complies with any applicable regulations promulgated by the FCC, including regulations regarding radio frequency emissions.
(2)
The antenna facility is placed, designed and finished in a manner that minimizes its visual impact on surrounding properties.
(3)
The antenna facility is the minimum height above grade necessary for the provision of the wireless service within the Village.
(4)
The antenna facility is of sufficient mechanical and electrical design to allow for the collocation of at least one additional antenna facility or the collocation of municipal wireless service.
(5)
The antenna facility minimum setback from all boundaries is at least the distance of the height of the antenna, including support structure.
(6)
The antenna facility, including support structure, does not exceed a height of 180 feet.
(7)
Aesthetics. In order to minimize any adverse aesthetic effect on neighboring residences to the extent possible, the Planning Board may impose reasonable conditions on the applicant, including the following:
(a)
A monopole or guyed tower may be required (if sufficient land is available to the applicant) instead of a freestanding communications tower.
(b)
Landscaping and screening of the base of tower and accessory structures with trees or shrubs may be required. Existing on-site trees and vegetation shall be preserved to the maximum extent possible.
(c)
Towers should be designed and sited to avoid, whenever possible, application of Federal Aviation Administration (FAA) lighting and painting requirements. Towers shall not be artificially lighted except as required by the FAA. Towers shall be painted a galvanized finish or matte gray unless otherwise required by the FAA.
(d)
No tower shall contain any advertising devices.
(8)
Traffic, access and safety.
(a)
A road turnaround and one parking space shall be provided to assure adequate emergency and service access. Maximum use of existing roads, public or private, shall be made.
(b)
All communications towers and guy anchors, if applicable, shall be enclosed by a fence or structure not less than eight feet in height.
(c)
The applicant must comply with all applicable state and federal regulations, including but not limited to FAA and FCC regulations.
(d)
Signage shall be provided, permanently affixed to the structure and as visible as practicable from the access approach, providing the name and address of the facility operator and providing an emergency contact telephone number.
(e)
The owner of the facility shall dismantle the communications facility in its entirety within 90 days of the cessation of operations at the tower.
§ 325-45 Wireless communications facilities, small cell.
A.
Applicability.
(2)
Small cell wireless facilities shall not exceed the following specifications:
(a)
Facilities shall not be mounted on structures more than 50 feet in height, including their antennas;
(b)
Each antenna associated with the deployment, excluding associated antenna equipment, shall be no more than three cubic feet in volume;
(c)
All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, shall be no more than 28 cubic feet in volume; and
(d)
The facilities do not require antenna structure registration under 47 CFR Part 17.
B.
Review and permitting.
(1)
A special use permit shall be required for all new small cell installations, including:
(a)
Placement, installation or construction of new transmission equipment that will not be collocated on an existing approved wireless communications facility.
(b)
Placement of a new, additional antenna on an existing tower that results in an increase in tower height of more than 10 feet or 50%; whichever is greater.
(c)
Installation of a small cell facility on a pole located within 20 feet of a dwelling unit.
(2)
The following substantial changes to existing small cell installations shall not require a special use permit but shall require site plan review:
(a)
Collocation of additional antennas, equipment cabinets and equipment shelters on existing wireless communications facilities or other structures previously approved for small cell wireless facilities that do not meet the criteria of Subsection B(1) above.
(b)
Replacement of existing transmission equipment that will increase the height of the replacement small cell antenna or increase the volume of the antenna or its associated equipment by more than 10%.
(3)
Activities exempt from the special use permit and site plan review.
(a)
The Code Enforcement Officer may determine that only a zoning permit is required for any request for modification of an existing tower or base station that does not change the physical dimensions of such tower or base station, involving:
(b)
The Code Enforcement Officer may determine that site plan review is required if the proposed modifications could impact the aesthetic appearance or reduce the use of stealth technology of the facility or result in increased visibility or incompatibility with its surroundings.
C.
Location priority for small cell wireless facilities.
(1)
Small cell wireless facilities shall be located, sited and erected in accordance with the following priorities, with (a) being the highest priority and (g) being the lowest priority:
(a)
Collocation on existing utility poles, monopoles or other wireless communications facility support structures on lands owned or controlled by the Village, not including the public right-of-way;
(b)
Collocation on a site with existing wireless communications facilities or other wireless communications facility structures;
(c)
On other lands owned or controlled by the Village, including but not limited to the Village public right-of-way;
(d)
On lands owned or controlled by other municipal corporations within the Village, to the extent permitted by such other municipal corporation;
(e)
On properties zoned GMU, E-C, CC or TBL;
(f)
On properties zoned R-SF, R-MF or NMU; and
(g)
(Reserved)
(2)
No small wireless communications facility shall be permitted in the Historic District Overlay unless the applicant demonstrates to the Planning Board's satisfaction that the selected site is necessary to provide adequate service and no feasible priority site exists.
(3)
If the site is not proposed for the highest priority listed above, a detailed explanation must be provided as to why a site of a higher priority was not selected. The service provider seeking such an exception must satisfactorily demonstrate the reason or reasons such a special use permit should be granted for the proposed site and the hardship that would be incurred by the applicant if the permit were not granted for the proposed site.
(4)
An applicant may not bypass sites of higher priority by stating the site proposed is the only site leased or selected. An application shall address collocation as an option. If such option is not proposed, the applicant must explain to the reasonable satisfaction of the Planning Board why collocation is commercially impracticable.
D.
Additional location and design standards. Small cell wireless communications facilities shall meet the following additional design and location standards:
(1)
A maximum of three small cells will be allowed per utility pole if technically feasible and if, in the determination of the Planning Board, there are no safety or aesthetic concerns.
(2)
Height. Small wireless facilities shall not exceed 50 feet in height and shall not be higher than the minimum height necessary. The proposed height, which may be in excess of the maximum height permitted for other structures in the applicable zone, shall address any additional height necessary to accommodate collocation by additional antenna arrays.
(3)
Setbacks. All support structures for small wireless communications facilities located outside the public right-of-way shall be set back from the property line of the lot on which it is located at a distance equal to, not less than, the total height of the facility, including support structure, measured from the highest point of such support structure to the finished grade elevation of the ground on which it is situated, plus 10% of such total height. The Planning Board may reduce such setback requirements based upon consideration of lot size, topographic conditions, adjoining land uses, landscaping, other forms of screening and/or structural characteristics of the proposed support structure.
(4)
Small cell wireless communications facilities shall be prohibited on ornamental streetlighting poles.
(5)
Within the GMU, E-C, CC and TBL Zoning Districts, facilities may be permitted on existing buildings or other existing structures.
(6)
A small cell facility placed on any roof shall be set back at least 15 feet from the edge of the roof along any street frontage.
(7)
No part of the facility may project into areas that pedestrians use or where it may inhibit their use or jeopardize their safety, like sidewalks and other pedestrian-designated areas.
(8)
Visibility and aesthetic appearance.
(a)
All small wireless telecommunications facilities shall be sited so as to have the least adverse visual effect on the environment and its character, on existing vegetation and on the residents in the area of the wireless telecommunications facilities sites.
(b)
Both the small wireless telecommunications facility and any and all accessory equipment shall maximize use of building materials, colors and textures designed to blend with the structure to which it may be affixed and/or to harmonize with the natural surroundings.
(c)
Small wireless telecommunications facilities shall not be artificially lighted or marked, except as required by law. If lighting is required, the applicant shall provide a detailed plan for sufficient lighting as unobtrusive and inoffensive as is permissible under federal, state and local laws, statutes, codes, rules or regulations.
(d)
Electrical and land-based telephone lines extended to serve the wireless telecommunications services facility sites shall be installed underground.
(e)
New small cell facilities shall include stealth technology designs. "Stealth" or "stealth technology" means they minimize adverse aesthetic and visual impacts on the land, property, buildings and other facilities adjacent to, surrounding and in generally the same area as the requested location of such small cell wireless communications facilities by using the least visually and physically intrusive design.
E.
Application submission requirements. In addition to the required information for all special use permit or site plan review applications in this chapter, all applications for the construction or installation of a new small wireless communications facility or modification of an existing small wireless facility shall contain the following information:
(1)
A descriptive statement of the objective(s) of the new facility or modification, including and expanding on a need such as coverage and/or capacity requirements.
(2)
Documentation that demonstrates and proves the need for the small wireless facility to provide service primarily and essentially within the Village. Such documentation shall include, but not be limited to, information relating to all other wireless telecommunications facilities that are to be deployed in the Village in conjunction with the proposed small wireless facility and propagation studies of the proposed site and all adjoining planned, proposed, in-service or existing sites that demonstrate a significant gap in coverage and/or of a capacity need, including an analysis of current and projected usage.
(3)
The size of the property stated both in square feet and lot line dimensions, and a survey prepared by a NYS-licensed professional surveyor showing the location of all lot lines, if the proposed small wireless facility is located outside the public right-of-way.
(4)
The location, size and height of all existing and proposed structures on the property that is the subject of the application and all related fixtures, accessory equipment, appurtenances and apparatus, including but not limited to materials, color and lighting.
(5)
The number, type and model of the antenna(s) proposed, with a copy of the specification sheet.
(6)
The make, model, type and manufacturer of the utility pole, monopole or other structure on which any antenna or accessory equipment for a small wireless facility is to be located and a design plan demonstrating the structure's capacity to accommodate multiple users.
(7)
Documentation justifying the total height of any proposed antenna and structure and the basis thereof. Such justification shall be to provide service within the Village to the extent practicable, unless good cause is shown.
(8)
A copy of the FCC license applicable for the intended use of the wireless telecommunications facilities.
(9)
Information relating to the expected useful life of the proposed small wireless facility.
F.
Reimbursement for the use of the public right-of-way. In addition to application fees for small wireless facility approval, every small wireless facility located in the public right-of-way is subject to the Village's right to fix annually a fair and reasonable fee to be paid for use and occupancy of the public right-of-way. Such compensation for use of the public right-of-way shall be directly related to the Village's actual public right-of-way management costs, including, but not limited to, the costs of the administration and performance of all reviewing, inspecting, permitting, supervision and other public right-of-way management activities by the Village. The owner of each small wireless facility permit shall pay an annual fee to the Village to compensate the Village for the Village's costs incurred in connection with the activities described above as determined by the Village Board and as set forth in the Village Fee Schedule.