Caroga Town City Zoning Code

The Town of Caroga desires to encourage and balance a variety of land uses in the Town while promoting economic growth provided that certain land uses do not unreasonably and adversely affect neighboring properties, the natural environment, the historic character of the Town or the long-term development of the Town.

The Town of Caroga has determined that certain land uses shall be permitted only upon the issuance of a Special Use Permit by the Planning Board.

The issuance of a Special Use Permit shall ensure that certain land uses are appropriate to their surroundings, the natural environment, the historic character of the Town and the long-term development of the Town.

Special Use Permits shall be required for all uses identified in the Use Table in Article IV requiring said permit.

For such uses, the Code Enforcement Officer shall not issue a Zoning/Building Permit, Certificate of Occupancy or Certificate of Compliance Permit until a Special Use Permit has been approved in accordance with this Article.

Until a Special Use Permit has been approved and a Zoning/Building Permit issued, no building shall be erected, moved, structurally altered, added to or enlarged and no excavation or site preparation activities shall commence.

Placement on Agenda:

1. In order for a Special Use Permit Application to be placed on the Planning Board’s meeting agenda, ten (10) copies of all required application materials pursuant to Section V, “Application for Special Use Permit Approval,” below shall be submitted to the Chairman of the Planning Board in care of the Town Clerk at least seven (7) calendar days prior to the date of the Planning Board’s meeting.

Complete Application:

1. At the first meeting at which a Special Use Permit Application is first presented, the Planning Board shall determine whether the application is complete for purposes of commencing the review process.

2. If an application is determined to be incomplete, the Planning Board shall notify the Applicant in writing as to what aspects of the application are lacking or are otherwise insufficient to start the process.

3. The timeframes for Planning Board action during the review process shall commence on the date the Planning Board determines the application is complete.

Multiple Uses:

1. If an application is for a parcel or parcels on which more than one use requiring Special Use Permit is proposed, the Applicant may submit a single application for all such uses.

2. The Planning Board may grant the application with respect to some proposed uses and not others. For purposes of reviewing an application (and for SEQR compliance) all proposed uses on a single parcel or on contiguous parcels shall be considered together.

Application for Area Variance:

1. Where a Special Use Permit application contains one or more features which do not comply with the dimensional regulations of the Zoning District, application may be made to the Zoning Board of Appeals for an Area Variance pursuant to this Ordinance without a decision or determination by the Code Enforcement Officer.

2. The Planning Board shall decide whether such area variance application and Zoning Board of Appeals decision on same must occur as a condition to the issuance of the Special Use Permit, as a prerequisite for a complete Special Use Permit application, or in conjunction with the Special Use Permit process.

An application for Special Use Permit approval shall be made in writing to the Planning Board on form supplied by the Town and shall be accompanied by the required fee and all of the following applicable information:

1. A Town of Caroga Special Use Permit application form.

2. A plot plan drawn to scale with accurate dimensions providing information sufficient to enable the Board to make an informed decision, and an agricultural data statement as defined below.

3. A narrative describing the proposed use and operation.

4. A short-form or long-form SEQR Environmental Assessment Form (EAF) with Part 1 fully completed by the applicant. A long-form EAF shall be required for all SEQRA Type 1 Actions, but the Planning Board may require a long-form EAF for Unlisted Actions if the Board deems that the additional information contained on the long-form would be helpful and appropriate under the circumstances of the project proposal.

5. The application fee as established by the Town Board.

6. The Planning Board may waive or add any requirements for an application submission if it deems appropriate in order to accomplish the purposes set forth herein.

SEQR:

1. Upon receipt of an Application for Site Plan Review it deems complete, the Planning Board shall conduct a New York State Environmental Quality Review (SEQR) on the proposed Special Use Permit Application.

2. No Planning Board action shall be taken until a SEQR Review has been completed.

Referral to County Planning Board:

1. The Planning Board shall adhere to the Section 239-m of General Municipal Law.

Agriculture Data Statement:

1. An Agriculture Data Statement is required where the proposed use is located in, or within 500 feet of, the boundaries of an agricultural district.

2. If an Agricultural Data Statement has been submitted, the Planning Board shall, upon receipt of the application, mail written notice of the Special Use Permit application to all owners of land within five hundred (500) feet of the project property within an agricultural district and containing farm operations as identified by the applicant in the agricultural data statement.

3. Such notice shall include a description of the proposed project and its location.

4. The cost of mailing the notice may be borne by the applicant.

Public Hearing and Notice:

1. The Planning Board shall hold a public hearing on a complete Special Use Permit application within 62 days from the determination of the Planning Board that the application is complete. The time in which a public hearing must be held may be lengthened only upon mutual consent of both the Applicant and Planning Board.

2. At least 5 days prior to the date of such hearing, the Planning Board shall give public notice by causing the publication of a notice of such hearing in the official newspaper and by mailing a notice thereof to all adjoining property owners and to any other property owners in the affected area that the Planning Board may require to be notified.

3. In the case of a hearing held on an application on a property that is located within 500 feet of an adjacent municipality, the Planning Board must give notice of the hearing to the clerk of the adjacent municipality, by either mail or electronic transmission, at least 10 days prior to the hearing pursuant to General Municipal Law §239-m.

In considering and acting on uses requiring a Special Use Permit, the Planning Board shall consider the public health, safety, and general welfare. The Board shall also consider potential environmental impacts and the comfort and convenience of the public in general, the residents of the proposed development, and the residents of the immediate surrounding area.

The Planning Board may prescribe such appropriate conditions and safeguards as may be necessary in order that the results of its action shall, to the maximum extent possible, further the accomplishment of the criteria set forth below.

A Special Use Permit shall not be granted until the Planning Board finds that the following criteria, as well as any special criteria, if any, for the particular type of use set forth as a Special Use Permit Condition have been met.

1. Conformance with Comprehensive Plan:

   1. The use shall be in harmony with and promote the goals and objectives of the Town’s current Comprehensive Plan, shall be in compliance with this Article and shall promote the health, welfare and safety of the public.

2. Compatibility:

   1. The proposed use shall be compatible with the character of neighborhood, the area, the zoning district and the community surrounding the location of the proposed use and will not unduly prohibit or discourage future planned growth in the area.

3. Access, Circulation and Parking:

   1. The proposed use shall have safe and efficient access for pedestrians and vehicles, shall provide for appropriate off-road parking and loading areas.

   2. The interior circulation system shall be adequate to provide safe accessibility to all parking spaces and that adequate and safe integration of pedestrian and vehicular movement is provided.

4. Infrastructure and Services:

   1. There shall be sufficient infrastructure and services, including utilities, public facilities and services, available for the proposed use or that the project extends or provides infrastructure and services for the area where the proposed use is located.

   2. There shall also be facilities and services implemented by the applicant to appropriately control any potential nuisances from the operation of the use such as control of litter or trash, loitering and crime prevention, and any other features or aspects of the operation of the proposed use that may affect the public safety, health and general welfare.

5. Environment and Natural Features:

   1. The proposed use shall be compatible with, and appropriately protect environmental and natural resources, including the environmental and physical suitability of the site for development and the general landscaping, screening and buffering shall be in character with the surrounding areas, and the risk of fire, flood or erosion and impacts such as emissions of electrical charges, dust, light, vibration or noise detrimental to the public health, safety and welfare shall be minimized to the maximum extent practicable.

6. Long-Term Effects:

   1. The proposed use shall provide positive or beneficial effects on the long-term economic stability, environmental integrity and community character of the town and surrounding properties, districts and uses.

7. Compliance with Supplementary Regulations:

   1. The proposed use shall be compliant with any applicable Special Use Permit criteria or Supplementary Regulations established in Article 5.

8. For Class B regional projects the Planning Board must also consider the Development Considerations contained in Section 805(4) of the APA Act

The Planning Board shall grant, deny, or grant subject to conditions the application for a Special Use Permit within 62 days after the hearing.

In granting a Special Use Permit, the Planning Board may impose conditions that it considers necessary to protect the health, safety and welfare of the Town and to achieve the purposes contained in this Article and the Town’s Comprehensive Plan. Conditions may include:

1. Increasing dimensional or area requirements.

2. Specifying location, character and number of vehicle access points.

3. Requiring landscaping, planting and screening.

4. Requiring clustering of structures and uses in order to minimize the burden on public services and facilities and protect open space.

5. Requiring the protection of open space of conservation value using conservation easements.

6. Requiring action by the applicant (including the posting of performance bonds and furnishing of guarantees) to insure the completion of the project in accordance with the terms and conditions applicable thereto.

7. Any other condition to protect the public health, safety and welfare and to achieve the purposes of this Article and the Town’s Comprehensive Plan.

A Special Use Permit shall expire if:

1. The Special Use Permit use or uses cease for more than 12 consecutive months for any reason.

2. The Applicant fails to obtain the necessary Certificate of Compliance or fails to comply with the conditions of the Special Use Permit within 12 months of its issuance.

3. Its time limit specified in the Special Use Permit expires without renewal.

A Special Use Permit shall apply to the use for which it has been granted, as well as to any subsequent similar use of the property which complies with all terms and conditions of the Special Use Permit as determined by the Code Enforcement Officer in issuing a Certificate of Compliance and which does not involve any new construction, enlargement, exterior alteration of existing structures, or changed use of outdoor areas. Any other change to a use allowed by Special Use Permit shall require the granting of a new Special Use Permit or a Special Use Permit amendment.

A Special Use Permit may be revoked by the Code Enforcement Officer if the permittee violates the conditions of the Special Use Permit or engages in any construction or alteration not authorized by the Special Use Permit.

Any violation of the conditions of a Special Use Permit shall be deemed a violation per Article 10 and shall be subject to enforcement action as provided herein.

All decisions by the Planning Board shall contain written findings explaining the Planning Board’s rationale for its decision in light of the general criteria contained in this Article as well as any special criteria for the particular type of use as established in Article 5 Supplementary Conditions.

Upon approval of the Special Use Permit, the Code Enforcement Officer has the authority to issue a Zoning/Building Permit provided any predevelopment conditions have been met and to issue a Certificate of Compliance upon completion of the development of the site in strict accordance with the approved Site Plan and any conditions attached thereto.

The terms and conditions of any Special Use Permit may be amended in the same manner as required to grant a Special Use Permit, following the criteria and procedures in this Article.

Any enlargement, alteration, or construction of accessory structures subject to a valid Special Use Permit shall require a Special Use Permit amendment.

Manufactured Home Parks:

1. The following standards and requirements shall be adhered to or secured by permittee:

   1. Site

      1. The park shall be located in areas where grades and soil conditions are suitable for use as manufactured home sites.

      2. The park shall be located on a well-drained site which is properly graded to ensure rapid drainage and be free at all times from stagnant pools of water.

      3. The park shall be free from heavy or dense growth of brush and woods.

      4. The park shall be at least 2 acres in size and shall have 100 feet of frontage on a public road.

   2. Manufactured Home Lot

      1. Each Manufactured Home Park shall be marked off into manufactured home lots.

      2. The total number of Manufactured Home Lots in a Manufactured Home Park shall not exceed 6 per gross acre.

      3. Each manufactured home lot shall have a total area of not less than 5,000 square feet with a minimum dimension of 50 feet.

   3. Manufactured Home Setbacks

      1. No Manufactured Home shall be parked or otherwise located nearer than a distance of:

         1. At least 25 feet from an adjacent Manufactured Home in any direction.

         2. At least 30 feet from an adjacent property line.

         3. At least 100 feet from the right-of-way line of a public street or highway.

         4. At least 10 feet from the nearest edge of any roadway located within the park.

   4. Manufactured Home Requirements

      1. See Article 13 II E

   5. Manufactured Home Stand

      1. Each Manufactured Home Lot shall have a Manufactured Home Stand which will provide for the practical placement on and removal from the lot of both the Manufactured Home and its appurtenant structures and the retention of the home on the lot in a stable condition.

      2. The stand shall be of sufficient size to fit the dimensions of the anticipated Manufactured Homes and their appurtenant structures or appendages.

      3. The stand shall be constructed of an appropriate nonporous material which is durable and adequate for the support of the maximum anticipated loads. Minimum accepted standard would be a 6" concrete monolithic pad reinforced per American Concrete Institute Standards.

      4. The stand shall be suitably graded to permit proper surface drainage.

      5. All manufactured homes to be provided with fill skirting or equal per National Manufacturers Home Standards.

   6. Accessibility

      1. Each Manufactured Home Park shall be easily accessible from an existing public highway or street.

      2. Where a Manufactured Home Park has more than 16 Manufactured Homes, 2 points of entry and exit shall be provided, but in no instance shall the number of entry and exit points exceed 4. Such entrances and exits shall be designed and strategically located for safe and convenient movement into and out of the park and to minimize friction with the free movement of traffic on a public highway or street.

         1. All entrances and exits shall be essentially at right angles to the existing public highway or street.

         2. All entrances and exits shall be free of any material which would impede the visibility of the driver on a public highway or street.

         3. All entrances and exits shall be of sufficient width to facilitate the turning movements of vehicles with Manufactured Homes attached.

         4. Each park shall have improved streets to provide for the convenient access to all Manufactured Home Lots and other important facilities within the park. Streets shall be improved to at least meet the Town Highway Department’s specifications less pavement. Shoulders on both sides shall be widened to not less than 5 feet and adequate drainage facilities shall be provided.

         5. The street system shall be so designed as to permit safe and convenient vehicular circulation within the park.

         6. Streets shall be adapted to the topography and shall have suitable alignment and gradient for traffic safety.

         7. All streets shall intersect essentially at right angles.

         8. All streets shall have the following minimum widths:

            • One-way traffic movement, 12 feet.

            • Two-way traffic movement, 20 feet.

         9. ix. Except in cases of emergency, no parking shall be allowed on such streets.

   7. Parking

      1. 1 off-street parking space shall be provided on each manufactured home lot. The parking space shall be of similar construction and grading as the manufactured home park streets. Such space shall have a minimum width of 9 feet and a minimum length of 20 feet.

      2. Additional off-street parking spaces shall be provided at strategic and convenient locations for guests and delivery and service vehicles.

      3. There shall be 1 such parking space for each 2 manufactured home lots within the park.

      4. Such parking space shall be provided in bays which shall provide for adequate maneuvering space.

   8. Utilities and Service Facilities

      1. The following utilities and service facilities shall be provided in each manufactured home park, which shall be in accordance with the regulations and requirements of the Town of Caroga, the New York State Department of Health, the New York State Department of Environmental Conservation and the NYS Sanitary Code:

         1. Each Manufactured Home Lot shall be provided with an adequate supply of pure water for drinking and domestic purposes. Each Manufactured Home Lot shall be provided with proper water connections.

         2. Each Manufactured Home Lot shall be provided with a sewer, which shall be connected to the Manufactured Home situated on the lot, to receive the waste from the shower, tub, flush toilets, lavatory and kitchen sink in each home. The sewer shall be connected to a public or private sewer system so as not to present a health hazard. Sewer connections in unoccupied lots shall be so sealed as to prevent the emission of any odors and the creation of breeding places for insects.

         3. Each Manufactured Home Lot shall be provided with weatherproof electrical service connections and outlets which are a type approved by the New York State Board of Fire Underwriters.

         4. Metal garbage cans with secure and snug covers shall be provided in quantities adequate to permit the disposal of all garbage and rubbish. The cans shall be kept in sanitary condition at all times. The cans shall be located no further than two hundred (200) feet from any Manufactured Home Lot. Garbage and rubbish shall be collected and disposed of as frequently as may be necessary to ensure that such cans shall not overflow.

         5. Service buildings shall be provided as deemed necessary for the normal operation of the park; however, such buildings shall be maintained by the owner or manager of the park in a clean, tidy and sanitary condition.

   9. Open Space

      1. Each Manufactured Home Park shall provide common open space for use by the occupants of such park. Such open space shall be conveniently located in the park.

      2. Such space shall have a total area equal to at least 10 percent of the gross land area of the park.

   10. Landscaping

       1. Lawn and ground cover shall be provided on those areas not used for the placement of Manufactured Homes and other buildings, walkways, roads and parking areas. Planting shall be provided to the extent needed in order to provide for the screening of objectionable views, adequate shade and a suitable setting for the manufactured homes and other facilities.

       2. Screen planting shall be provided to screen objectionable views. Views which shall be screened include laundry facilities, other non-residential uses, garbage storage and collection areas and all abutting yards of adjacent properties.

       3. Other planting may be required along those areas within the park which front upon existing public highways and streets to reduce glare and provide pleasant outlooks for the living units.

   11. Property Maintenance

       1. Each stand or lot shall be maintained in an orderly manner.

       2. The use of a storage shed not to exceed 120 square feet on each stand or lot shall be required for the storage of equipment and other personal property.

Recreational Vehicle Parks:

1. The following standards and requirement standards shall be adhered to:

   1. Driveways. All Recreational Vehicle Parks shall have interior driveways service each Recreational Vehicle space, such driveways being not less than 24 feet in width.

   2. Minimum space. Each Recreational Vehicle lot shall contain a minimum of 1,800 square feet of area, shall be at least 45 feet in width and shall front upon a driveway.

   3. Separation distances. Recreational Vehicles shall be placed on a designated lot in such a manner that there will be a minimum of 15 feet of separation between Recreational Vehicles on adjacent lots.

   4. Connections and Facilities. Each Recreational Vehicle Park shall provide, at a minimum, the following:

      1. An electrical outlet capable of supplying 4,000 watts at 110 – 220 volts at each Recreational Vehicle lot.

      2. Hookup apparatus for connection to sewerage or disposal system within the Park;

      3. Faucet or bibcock connected to a water supply system within the Park; and

      4. At a minimum, a public restroom containing a toilet, sink and shower shall be provided at each Park.

   5. Service Buildings. Service buildings that house sanitation and/or laundry facilities or any other such facilities shall be permanent structures constructed in accordance will all applicable codes and law of the Town of Caroga.

   6. Lighting. Each Recreational Vehicle Park shall be provided with a means of security lighting. All toilet and shower buildings and facilities shall be provided with sufficient lighting facilities, which shall be kept lighted during the time one-half hour after sunset and one-half hour before sunrise. All lights on the premise shall be fully shielded fixtures and no light shall be visible from the source by abutting parcels.

   7. Management.

      1. The name of the person with direct management responsibility of the Recreational Vehicle Park shall be filed for reference with the Code Enforcement Officer, who shall be notified within 10 days of any changes of said person. It shall be the responsibility of the owner and operator of the Park to take such measures as may be deemed to be necessary by the CodeEnforcement Officerto protect and promote the health, safety, and welfare of patrons and the general public.

   8. Other.

      1. Not more than 1 Recreational Vehicle shall occupy a space within such park.

      2. No permanent addition or structure shall be built onto or become part of any Recreational Vehicle located within the park.

      3. The maximum duration of stay by any Recreational Vehicle or individual shall be 6 months. This shall not apply to a permanent on-premises residence for management and the owner of record for the parcel.

      4. All facilities, connections, and travel surfaces shall be maintained in good operating condition.

Accessory Dwelling Unit:

1. Where permitted, a maximum of one (1) accessory dwelling unit per lot is allowed.

2. The primary residence or accessory dwelling shall be owner occupied. Alternatively, the owner may designate a family member as a resident caretaker of the principal house and manage the accessory dwelling.

3. No accessory dwelling shall be deemed fit for occupancy by the Town until the owner has demonstrated water supply and sewage disposal facilities are adequate for the projected number of residents. Additionally, the owner shall acquire all required approvals from the NYS Department of Health.

4. Unless otherwise specified herein, a lot on which an accessory dwelling is located shall meet the minimum lot size requirements of the zoning district in which the accessory dwelling is located. Such minimum lot size requirement shall be satisfied in addition to the minimum lot size required for the primary dwelling.

5. An accessory dwelling unit shall only be created through the following methods:

   1. Adding floor area to the principal dwelling unit.

   2. Constructing a detached accessory dwelling on a site with an existing house, attached house or modular home.

   3. Constructing a new primary house, attached house or modular home with an internal or detached accessory dwelling unit.

6. The floor area of an accessory dwelling shall not exceed 750 square feet or 1/3 of the floor area of the primary dwelling, whichever is less.

7. Detached accessory dwellings shall either be recessed behind or flush with the front elevation of the principal dwelling.

8. The building height of a detached accessory building shall not exceed the height of the primary building.

9. All applicable setbacks within the Zoning District in which the accessory unit is proposed shall apply likewise for the detached accessory dwelling.

10. The orientation of the proposed accessory dwelling to the maximum extent practical must maintain the privacy of residents and adjoining dwellings as determined by the character of the surrounding neighborhood, including landscaping, screening, fencing and window and door placement.

11. Exterior finishing materials, roof pitch, eaves, trim, doors and windows of accessory dwellings shall be similar in kind, style and in proportion to the principal dwelling.

12. The owner shall demonstrate that sufficient and suitable space is available for one (1) additional vehicle on the property. Parking space must be in a driveway or to the rear or side of the accessory dwelling unit.

13. Where a detached accessory dwelling is within 20 feet of a lot line, a minimum 6’ high hedge or fence between the detached accessory dwelling and a lot line shall be required to abate noise, light and other disturbances arising from residential occupancy.

14. The primary dwelling unit and accessory dwelling unit shall have separate outdoor entrances. No more than one (1) entrance shall be readily visible from the street.

15. No detached accessory dwelling unit shall be subdivided from portions of the parcel where the principal dwelling is located, if such subdivision results in a lot or residence that fails to meet applicable minimum bulk requirements in the zoning district.

Accessory Structure:

1. Only Accessory Structures greater than 100 square feet shall require a Special Use Permit.

2. There shall not be more than three (3) accessory structures on each lot used for residential purposes.

3. For poultry house, rabbit hutch, or other type of shelters for domestic animals exclusive of livestock, such structures shall be located no closer than 50 feet from any lot line.

4. Detached accessory structures located within side yards on the street side of a corner lot shall not exceed such setbacks established for the principal building.

5. An accessory structure attached to the principal building in a residential district shall comply with the requirements of this Article applicable to the Principal Building.

Agricultural Service Use:

1. The hours and days of operations shall be established by the Planning Board taking into consideration the facility’s location and surrounding uses.

2. Any structures or outside storage areas shall be adequately screened from view of abutting properties.

3. Gravel parking areas are permitted provided that the operator defines a plan for implementing appropriate measures for dust control on a continuing basis.

4. Deliveries and shipments associated with the use shall be kept to a minimum and should not exceed four (4) deliveries and shipments per day. Impacts on local roads and residential areas shall be avoided or mitigated to the maximum extent practical.

5. Any agricultural service use must be located a minimum of 200 feet from an abutting residential structure not owned by the owner.

Cemetery:

1. Cemeteries shall:

   1. Be in harmony with and promote the goals and objectives of the current Town Comprehensive Plan, and shall be in compliance with this Article and shall promote the health, welfare and safety of the public.

   2. Be compatible with the character of the neighborhood, the area, the zoning district and the community surrounding the location of the proposed use and will not unduly prohibit or discourage future planned growth in the area.

   3. Have safe and efficient access for pedestrians and vehicles, shall provide for appropriate off-road parking and loading areas. The interior circulation system must be adequate to provide safe accessibility to all parking spaces and that adequate and safe integration of pedestrian and vehicular movement is provided.

   4. Shall have sufficient infrastructure and services, including utilities, public facilities and services, available for the proposed use or that the project extends or provides infrastructure and services for the area where the proposed use is located. There shall also be facilities and services implemented by the applicant to appropriately control any potential nuisances from the operation of the use such as control of litter or trash, loitering and crime prevention, and any other features or aspects of the operation of the proposed use that may affect the public safety, health and general welfare.

   5. Be compatible with, and appropriately protect environmental and natural resources, including the environmental and physical suitability of the site for development and the general landscaping, screening and buffering shall be in character with the surrounding areas, and the risk of fire, flood or erosion and impacts such as emissions of electrical charges, dust, light, vibration or noise detrimental to the public health, safety and welfare shall be minimized to the maximum extent practicable.

   6. Shall provide positive or beneficial effects on the long-term economic stability, environmental integrity and community character of the town and surrounding properties, districts and uses.

Mineral Extraction Structure/Sand and Gravel Extraction, Private:

1. A Site Plan prepared by a New York State licensed Professional engineer showing the slope of material in such top soil, sand, gravel, clay or other pit area based on detailed soils analysis shall be submitted to the Planning Board.

2. The top and the base of such slope shall not be nearer than 50 feet to any property line nor nearer than 100 feet to the right-of-way line of any street or highway.

3. All commercial excavation will require the construction and maintenance of a security fence a minimum of 40 feet from all operations. Also any excavation with 250 feet of a high wall, street or road are to be protected with highway control barriers, a minimum of 40 feet from the excavation.

4. Restoration and rehabilitation of the commercial excavation area shall be a continuing operation during each year and the area quarried shall be re-graded and drained so as to assure conformance with the public health, safety and welfare. All approvals and permits issued by the New York State Department of Environmental Conservation for all phases of the permit shall be provided to the Town.

   A copy of any required performance bond shall be provided for the Town records.

5. All Mineral Extraction Structures/Sand and Gravel Extraction: Private uses shall be in compliance with the New York State Mining Reclamation Act.

Private Club or Lodge:

1. The applicant must provide the written legal provisions ensuring the maintenance of the proposed facility so as to prevent the use from becoming a public liability. A narrative should also be provided by the applicant identifying the club membership size and the geographic area to be served by the club.

2. The lot size for a private club shall conform to that of the requirements of the Zoning District in which the club proposed to be located.

3. All outdoor intensively used recreation facilities (i.e.; swimming pools, tennis courts, lawn bowling courts and similar uses) shall be setback 35 feet from all property lines not abutting a public street.

4. All off-street parking spaces shall be located on the same site as the Private Club/Lodge.

5. No amplifiers or loudspeakers of any kind shall be installed outside of the Club/Lodge.

6. Fencing and screening shall be provided in order to obstruct the Club/Lodge from any abutting residential property owners.

Solar Farms:

1. Purpose:

   1. The purpose of these requirements is to allow the development of solar farms in the Town and to provide standards for the placement, design, construction, operation, monitoring, modification and removal of these systems.

   2. These standards are applicable to “Solar Farms” as defined in Article 2. The term “Solar Farm” shall not be construed to include, so as to prohibit, or have the effect of prohibiting, the installation of solar panels and arrays that gathers solar radiation as a substitute for traditional energy for water heating, active space heating and cooling, passive heating or generating electricity for a residential property. The term “Solar Farm” shall also not be construed in such a way as to prohibit the installation or mounting of a series of one (1) or more solar panels upon the roofs of residential and/or commercial structures regardless of whether the said series of one (1) or more solar panels collectively has a total nameplate generation of at least 15 kilowatts (kw) direct current (dc) or more when operating at maximum efficiency.

2. Application Information:

   1. Blueprints or drawings of the solar photovoltaic installation signed by a NYS licensed Professional Engineer showing the proposed layout of the system and any potential shading from nearby structures.

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

   3. A description of the solar farm facility and the technical, economic and other reasons for the proposed location and design shall be prepared and signed by a NYS licensed professional engineer.

   4. Confirmation, prepared and signed by a NYS licensed professional engineer, that the solar farm complies with all applicable Federal and State Codes and standards.

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

   6. Documentation of the major system components to be used, including the PV panels, mounting system and inverter.

   7. An operation and maintenance plan which shall include measures for maintaining safe access to the installation, storm water controls, as well as general procedures for operational maintenance of the installation.

   8. Information on noise (Inverter) and reflectivity/glare of solar panels and identify potential impacts to abutters.

   9. Information on potential visual impacts of solar farms from adjoining and nearby public and private lands and roads.

   10. Any other information the Planning Board deems necessary to conduct its review of the application.

3. Minimum Requirements:

   1. A Special Use Permit shall be required for a Solar Farm.

   2. The development of any Solar Farm shall conform to the following standards which shall be regarded as minimum requirements:

      1. Solar Farms of less than 26 (kW) shall be on a parcel of not less than five (5) acres, otherwise a minimum of ten (10) acre parcel shall be required.

      2. All ground-mounted panels shall not exceed eight (8) feet in height, measured from the mean ground elevation before construction.

      3. All mechanical equipment on a Solar Farm, including any structure for batteries or storage cells, are completely enclosed by a minimum 8 foot high fence with a self-locking gate.

      4. The total surface area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells, panels and arrays, shall not exceed 80% of the total parcel area.

      5. The installation of a vegetated perimeter buffer to provide year round screening of the system from adjacent properties.

      6. Because of neighborhood characteristics and topography, the Planning Board shall examine the proposed location on a case by case basis. Ensuring the potential impact to its residents, business or traffic are not a detriment.

      7. All solar energy production systems are designed and located in order to prevent reflective glare toward any habitable buildings, as well as streets and rights-of-way.

      8. All onsite utility and transmission lines are, to the extent feasible, placed underground.

      9. The installation of a clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

      10. The system is designed and situated to be compatible with the existing uses on adjacent and nearby properties.

      11. All solar energy system components shall have a 50 foot setback, unless abutting residential uses. Setbacks for Solar Farms in ODA Zoning District shall comply with the setback requirements for that District as stipulated in Article 4, Section IV Dimension Standards Table. Solar Farms shall be located a minimum of 200 feet from property lines.

      12. All appurtenant structures including but not limited to equipment shelters, storage facilities, transformers and substations shall be architecturally compatible with each other and shall be screened from the view of persons not on the parcel.

      13. Lighting of “Solar Farms” shall be consistent with State and Federal law. Lighting of 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 photovoltaic installation shall be directed downward and shall incorporate full cutoff fixtures to minimize light pollution.

      14. There shall be no signs except announcement signs, such as “no trespassing” signs or any signs required to warn of danger. A sign is required that identifies the owner and operator with an emergency telephone number where the owner and operator can be reached on a 24-hour basis.

      15. There shall be a minimum of one (1) parking space to be used in connection with the maintenance of the solar photovoltaic facility and the site. However, it shall not be used for the permanent storage of vehicles.

      16. The Town Code Enforcement Officer shall have the right to inspect a Solar Farm for compliance with plans approved by the Planning Board for a Solar Farm. When possible, the Code Enforcement Officer shall provide 48 hours advance notice of conducting an inspection to the owner of the Solar Farm.

4. Additional Conditions:

   1. The solar farm owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the local 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 farm facility shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.

   2. No solar farm shall be approved or constructed until evidence has been given to the Planning Board that the utility company that operates the electrical grid where the installation is to be located has been informed of the solar farm owner’s or operator’s intent to install an interconnected customer-owned generator.

   3. A solar farm owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the local Fire Chief and Emergency Medical Services. The owner or operator shall be responsible for the cost of maintaining the solar farm and any access road(s), unless accepted as a public way.

   4. A valid performance bond assigned to the Town of Caroga for 10 acres and larger systems with dates and monetary amounts to be determined by the Planning Board for decommissioning purposes.

5. Decommissioning/Removal:

   1. All applications for a solar farm shall be accompanied by a Decommissioning Plan to be implemented upon abandonment and/or in conjunction with removal of the facility.

   2. Prior to removal of the solar farm, a permit for removal activities shall be obtained from the Town Code Enforcement Officer. The Decommissioning Plan shall include the following provisions:

      1. The owner, operator, his successors in interest shall remove any ground-mounted solar collectors which have reached the end of their useful life or have been abandoned. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the Town Code Enforcement Officer by certified mail of the proposed date of discontinued operations and plans for removal.

      2. Physical removal of all ground-mounted solar collectors, structures, transformers, equipment, security barriers and transmission lines from the site.

      3. Disposal of all solid and hazardous waste in accordance with local, State and federal waste disposal regulations.

      4. Stabilization or re-vegetation of the site as necessary to minimize erosion. The Planning Board may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.

      5. Absent notice of a proposed date of decommissioning and written notice of extenuating circumstances, the solar farm shall be considered abandoned when it fails to operate for more than one (1) year without the written consent of the Planning Board. If the owner or operator of the solar farm fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the Town may enter the property and physically remove the installation.

6. Estimate and Financial Surety:

   1. In addition to the Decommissioning Plan, the applicant shall also provide an estimate, prepared by a qualified engineer, setting forth the costs associated with decommissioning the solar farm at issue.

   2. In the event the Planning Board grants a Special Use Permit pursuant to this Chapter, it must also establish the amount of such surety to be established by the applicant prior to the issuance of a Building/Zoning Permit. The surety may be in the form of escrowed funds, bonds or otherwise, but it is the intention of this provision to ensure that the Town has sufficient funds available to remove the installations and restore landscaping in the event the applicant fails to comply with its decommissioning obligations.

   3. If the Town has to decommission the solar farm as outlined in Article 2F paragraph 5, the Town will also have the right to acquire said property for the sum of $1.00 (one dollar).

Wind Energy Systems, Small:

1. Purpose:

   1. A small wind energy system shall only be used to reduce consumption of off-site energy and shall be used primarily to power onsite facilities and uses.

   2. Unused surplus electricity generated through a small wind energy system may be lawfully supplied, with or without compensation, to an offsite electric grid.

2. Noise:

   1. The small wind energy system shall not exceed a noise level of 60 decibels as measured at the closest property line and under typical operating conditions.

   2. The noise level may be exceeded during short-term events such as utility outages and/or severe wind storms.

3. Minimum Distance:

   1. The distance between any blades utilized on a small wind energy system and the ground shall be a minimum of 15 feet as measured at the lowest point of the arc of the blades.

   2. The distance between the lowest point of the arc of the blades and the peak of any structure within 150 feet of the blade arc shall be a minimum of 10 feet.

4. Appearance:

   1. The small wind energy system shall maintain a galvanized neutral finish or be painted to conform to the system color to the surrounding environment to minimize adverse visual effects.

   2. No small wind energy system shall have any signage, writing, pictures, or decorations placed on it at any time other than warning, equipment, and ownership information.

   3. No small wind energy system shall have any flags, streamers, banners, and other decorative items that extend from any part of the system placed on it at any time.

5. Fencing:

   1. The tower shall be enclosed with a fence of at least 6 feet in height or the base of the tower shall not be climbable for a distance of 12 feet measured from the base of the tower.

6. Height:

   1. The applicant shall provide evidence that the proposed height does not exceed the height recommended by the manufacturer or distributor of the system.

7. Required Safety Features:

   1. The small wind energy system shall have an automatic overspeed control to render the system inoperable when winds are blowing in excess of the speeds for which the system is designed and a manually operable method to render the system inoperable in the event of a structural or mechanical failure of any part of the system.

8. Removal of Small Wind Energy System:

   1. When a small wind energy system reaches the end of its useful life and can no longer function as originally designed, or the system has not been operated for at least one (1) year, the owner of the system shall remove the system within 120 days of notification by the Code Enforcement Officer.

   2. The owner shall be responsible for the removal of the system and all costs, financial or otherwise, of system removal.

9. Building Code Compliance:

   1. Building permit applications shall be accompanied by standard drawings of the system structure, including the tower, base, footings, and guy cables.

   2. An engineering analysis of the tower showing compliance with the New York State Uniform Fire Prevention and Building Code and certified by a licensed professional engineer also shall be submitted. This analysis may be supplied by the manufacturer.

10. Electric Code Compliance:

    1. Building permit applications for small wind energy systems shall be accompanied by a line drawing of the electrical components of the system showing compliance with National Electric Code and certified by a licensed professional engineer.

    2. This information may be supplied by the manufacturer.

11. Local Utility Company Notifications:

    1. If a small wind energy system is to be connected to an off-site utility service provider, the applicant shall notify the electric utility service provider of the applicant’s intent to install an interconnected customer-owned electricity generator no later than five (5) business days prior to submitting a building permit application.

    2. Copies of letters must be included in the building permit application.