Clarkson City Zoning Code
ARTICLE II
Regulations Applicable to All Districts
§ 140-7 Use of structures and land.
A.
No building, structure or land shall hereafter be used or occupied and no building, structure or part thereof shall be erected, moved or altered unless in conformity with the applicable regulations of this chapter.
B.
No building or structure shall hereafter be erected or altered to be less than one full story in height, nor shall any building be used as a dwelling unless it is one full story or more in height, as defined in this chapter.
C.
No lot shall be reduced in size if, as a result thereof, its area or any of its dimensions or open spaces shall be smaller than required by this chapter.
D.
On any lot fronting on a major road, the minimum building setback shall be 75 feet from the street line of the major road.
E.
Any required yard shall be entirely open and unoccupied by buildings other than:
(1)
Entrance porch or steps not over seven feet deep in a front yard.
(2)
Porches or terraces in side or rear yards, provided that they are not covered nor enclosed and are no closer to the lot lines than required by the applicable setback restrictions.
(3)
Detached accessory buildings occupying not over 25% of a required rear yard and setback as required by this chapter.
F.
No part of any yard or open space required for any building shall be included as part of the yard or open space required for another building.
§ 140-8 Uses prohibited in all districts.
A.
No use, activity or occupation shall be permitted in any district of the Town which causes odors, gases, excessive smoke, fumes, vibration or other objectionable effects which carry beyond the premises on which such use, activity or occupation is conducted.
B.
No effluent or matter of any kind shall be discharged into any stream or body of water which violates established stream standards of the New York State Department of Environmental Conservation or otherwise causes objectionable odors or fumes or which is poisonous or injurious to human, plant or animal life.
C.
The use of bituminous or soft coal and other excessive smoke-producing fuels is prohibited in all districts of the Town.
D.
Soil-stripping and the sale or disposition of topsoil except for use on the premises from which it comes is prohibited, except insofar as it is necessary and incidental to sand and gravel operations or lawful excavations for cellars and other structures.
E.
The storing or dumping of refuse, waste material or other substances is prohibited in all districts within the Town, except for the purpose of filling in to establish grade, for which a permit must be obtained from the Planning Board by the owner. The permit shall require that the fill is of clean, noncombustible matter, containing no garbage, refuse, offal or deleterious matter of any nature, and that the material shall be immediately leveled off and covered with at least one foot of clean, nondeleterious topsoil, followed by either immediate placement of a hard surface or immediate reseeding pasture or other fast-growing surface vegetation until growth of the same is established, or such other temporary measures as necessary to check erosion until weather permits more permanent measures. Said Board may impose other reasonable provisions and shall ensure that the operation shall be hazard- and nuisance-free and may require the posting of a surety company bond as a condition. All permits so issued shall expire one year following the date of issuance and may be renewed under the same procedures as the original. A suitable fee may be charged according to a schedule established by the Board, and all permits are valid only insofar as the conditions under which they may be issued are maintained.
F.
No materials of any kind shall be stored in any district of the Town, except for the construction of structures to be actually erected upon the premises where such materials are stored within one year from the beginning of such storage and except for farm produce and farm machinery. However, a special permit therefor may be obtained from the Town Board in accordance with the same procedures as in Subsection E above.
§ 140-9 General fire, safety and sanitary regulations.
A.
No building, except a silo or church steeple, shall be constructed either over three stories or 40 feet in height, unless built of noncombustible materials.
B.
If the use of any lot or building involves the disposal of sewage or wastewater, an adequate sanitary disposal system for the same shall be installed in accordance with regulations of the Monroe County Department of Health and with such other regulations as may be adopted and amended by the Town Board. Said system shall be at all times maintained on such lot or in lawful connection therewith. The minimum lot area otherwise required shall be increased where necessary to the extent required to safely provide such disposal system.
§ 140-10 Lots to abut public streets.
No building shall be erected upon any lot unless such lot is located upon a public street or highway, except that, under § 280-a of the Town Law, the Board of Appeals may make such variance or exception as may seem advisable under the circumstances in accordance with the provisions of that section.
§ 140-11 Sight obstructions at street intersections.
No obstruction to the view of traffic approaching a street intersection may be placed or permitted to remain within the triangle formed by the intersecting street lines and points 75 feet from the intersection of said street lines when either street is a major road, and points 50 feet from said intersection when neither street is a major road.
§ 140-12 Off-street parking.
A.
Each off-street parking space required by other provisions of this chapter shall be of usable shape not less than nine feet wide and 20 feet long. Each such space shall front on access drives or aisles with adequate provision for ingress and egress to all parking areas.
B.
Off-street parking areas for five or more vehicles which adjoin or face any lot in any residential district shall be effectively screened from said district by a fence of acceptable design or planting screen. The face side of any fence shall be erected toward the adjoining property, and any such screen shall be maintained in good condition.
C.
Lighting fixtures for the illumination of any off-street parking area shall be so arranged as to direct light away from adjoining premises.
D.
The recurrent parking of any vehicle on the right-of-way of a street or highway or the impeding of traffic or creation of traffic hazards by the same shall be prima facie evidence of the inadequacy of off-street parking on the premises or in connection therewith, and the Zoning Officer may require additional off-street parking spaces to be provided by the offending property owner.
[Amended 8-11-1987 by L.L. No. 2-1987]
§ 140-13 Signs.
A.
No advertising sign or billboard of any description shall be erected at any place in the Town of Clarkson without a special permit by the Zoning Board of Appeals, except the following:
[Amended 8-11-1987 by L.L. No. 2-1987; 6-9-1992 by L.L. No. 3-1992]
(1)
One nonilluminated announcement or professional sign not over two square feet in area and not over one foot in height for each professional office in any district.
(2)
One nonilluminated sign advertising the sale, lease or rental of the premises upon which the sign is located, which shall not exceed six square feet in area in any district.
(3)
One nonilluminated customary builder's sign placed on the premises where construction, repair or renovation is in progress, which sign shall not exceed six square feet in area.
(4)
An application may be made to the building inspector for a permit to erect one temporary, nonilluminated sign, with dimensions greater than six square feet but not to exceed 40 square feet, advertising the sale or lease of real property. Permits for temporary signs shall be valid for a period not to exceed one year from the date of application. Permits are specific to the property, not to the bearer of the permit. The cost of said permit shall be established by resolution of the Town Board. In the event that the building inspector denies the application, the applicant may apply to the Zoning Board of Appeals for a sign permit.
[Added 5-11-2010 by L.L. No. 2-2010]
B.
Interrupted types of lighting of any description and moving advertising devices are prohibited.
C.
Temporary unlighted signs erected by and for nonprofit organizations, such as churches, American Legion, Boy Scouts, etc., advertising suppers, banquets, benefits, fund-raising sales, etc., may be erected for a forty-day period without a permit in any district; provided, however, that said sign will not constitute a traffic hazard and shall be removed within 48 hours after the advertised event.
D.
No sign shall be newly erected in the Town which has a surface area in excess of 40 square feet or a height in excess of 14 feet. The height shall be taken as the vertical distance from the uppermost portion of the sign to the ground.
§ 140-14 Fences.
[Amended 8-11-1987 by L.L. No. 2-1987; 6-9-1992 by L.L. No. 3-1992; 6-8-2004 by L.L. No. 1-2004]
Fences erected in the Town shall adhere to the following standards:
A.
Closed fences shall not be permitted along any front lot line or along side lot lines between the front setback line and the highway right-of-way. Open fences along these lot lines shall not be higher than three feet above the adjacent ground level. Open fences allowed herein shall be encouraged to be decorative, such as picket, split rail or board fences. In determining the height of a split rail fence, the distance to the top of the horizontal rail shall govern and posts shall be no more than one foot higher. Wire fences including chain link fences, shall be prohibited between the front setback line and the highway right-of-way.
B.
No fence in a rear or side yard in a residential district shall be erected, altered or reconstructed to a height exceeding six feet above adjacent ground level.
C.
Open fences for the purpose of enclosing farmland, horses, cattle and other farm animals shall not exceed eight feet in height above ground level.
D.
It is the intent of this chapter to include any artificially mounded or bermed area under the fence as part of the height of the fence.
E.
Fences in commercial and industrial districts shall be as approved by the Planning Board on the site plan. For fences in commercial or industrial districts being built or modified after site plan approval and not provided for on the site plan, the property owner must apply to the Zoning Board of Appeals for a special permit in accordance with § 140-38F if the proposed fence exceeds the maximums set forth above for residential districts.
F.
No fence shall be erected in a delineated area of special flood hazard, except for farm fences, if it can be demonstrated that such farm fence would not restrict the flow of floodwaters nor have any impact on any buildings.
G.
The face side of any fence erected in any district shall face the nearest abutting property, and all posts or supports shall be on the inside of said fence unless said posts or supports constitute an integral part of said face side.
H.
No fence or part of a fence shall be erected in the highway right-of-way.
I.
No fence which obstructs the view of traffic approaching a street intersection may be placed or permitted to remain within the triangle formed by the intersecting street lines and points 75 feet from the intersection of said street lines when either street is a major road and points 50 feet from said intersection when neither street is a major road.
§ 140-15 Exemption for public properties.
[Amended 4-14-2015 by L.L. No. 1-2015]
Land which is owned by fire districts, public school districts, the Town of Clarkson, the County of Monroe, the State of New York or the United States of America may be used for the governmental purposes which are permitted under the laws which govern said entities and shall be exempt from regulation under this chapter.
§ 140-16 Installation of utility or communications facilities.
[Amended 6-9-1992 by L.L. No. 3-1992]
A.
Except in the case of telecommunications towers, which are regulated by § 140-16.1 of this chapter, the Zoning Board of Appeals may, on application therefor, issue a special permit for the construction and maintenance of a public or private utility or communications structure as it shall deem essential to the public welfare and shall impose such conditions as may be found necessary in the public interest and may modify or vary the restrictions of this chapter to height, size and location of structures applying to the district where such installation is to be located. Such permit shall be issued only after a public hearing and findings by the Zoning Board of Appeals that:
[Amended 12-20-1996 by L.L. No. 5-1996]
(1)
The proposed installation will not be detrimental to adjacent property.
(2)
The proposed installation will not, by reason of its location or nature, create a hazard of any nature to the public or any adjacent owner or occupant.
(3)
The proposed installation will not interfere with the lawful enjoyment of the public highways or adjacent property in any unreasonable manner.
B.
Any such permit granted hereunder may be revoked by the Zoning Board of Appeals after due hearing on not less than 10 days' notice to the person holding such permit in the event that the use thereof violates any of the conditions or restrictions imposed by the Zoning Board of Appeals upon the issuance of said permit or if it shall have become a nuisance. Except for such revocation, any such permit heretofore granted shall be deemed to be indefinitely extended.
§ 140-16.1 Telecommunications towers.
[Added 12-20-1996 by L.L. No. 5-1996]
A.
Enabling authority. The Zoning Board of Appeals is hereby authorized to review and approve, approve with modifications or disapprove special use permits for telecommunications towers consistent with Town Law, §§ 274-a and 274-b.
B. ACCESSORY FACILITY ANTENNA SPECIAL USE (A.K.A. CONDITIONAL USE) TELECOMMUNICATION TOWER
Definitions. As used in this section, the following terms shall have the meanings indicated:
An accessory facility serves the principle use, is subordinate in area, extent and purpose to the principle use and is located on the same lot as the principle use. Examples of such facilities include transmission equipment and storage sheds.
A system of electrical conductors that transmit or receive radio frequency waves. Such waves shall include but not be limited to radionavigation, radio, television and microwave communications. The frequency of these waves generally range from 10 hertz to 300,000 megahertz.
A use which is deemed allowable within a given zoning district, but which is potentially incompatible with other uses and, therefore, is subject to special standards and conditions set forth for such use subject to approval by the Zoning Board of Appeals.
A structure on which transmitting and/or receiving antenna(e) are located.
C.
Purpose. The purpose of this section is to promote the health, safety and general welfare of the residents of the Town, to provide standards for the safe provision of telecommunications consistent with applicable federal and state regulations and to protect the natural features and esthetic character of the Town with special attention to the Historical Overlay District and residentially zoned districts.
D.
Application of special use regulations.
(1)
No transmission tower shall hereafter be used, erected, moved, reconstructed, changed or altered except after approval of a special use permit and in conformity with these regulations. No existing structure shall be modified to serve as a transmission tower unless in conformity with these regulations.
(2)
These regulations shall apply to all property in the Town of Clarkson with each zoning classification in the Town of Clarkson being subject to the rules and regulations set forth herein and in the table which is attached hereto and made a part of this chapter.[1]
[1]
Editor's Note: The Location Requirements are located at the end of this chapter.
(3)
Exceptions to these regulations are limited to new uses which are accessory to residential uses and lawful or approved uses existing prior to the effective date of these regulations.
(4)
Where these regulations conflict with other laws and regulations of the Town, the more restrictive shall apply, except for tower height restrictions which are governed by these special use standards.
E.
Special use standards.
(1)
Site plan.
(a)
An applicant shall be required to submit a site plan to the Planning Board as described in § 140-43 of the Clarkson Code and the Clarkson design standards and specifications.
(b)
In addition to other site plan requirements, an application for a communications tower shall include the following additional information:
[1]
The location of all structures, trees exceeding four inches in diameter (measured at a height of four feet off the ground) and other significant and/or unusual features on the site and on any other adjacent property within 20 feet of the property line.
[2]
All information prepared by the manufacturer of the antenna or tower, or the applicant for which a special permit is being sought, including but not limited to the following:
(c)
The application for special use permit shall include a copy of the site plan and any relevant documents which have been submitted to the Planning Board. The application for special use permit shall also include documentation on the proposed intent and capacity of use as well as a justification for the height of any tower or antennae and justification for any land or vegetations clearing required.
(d)
Additionally, the application shall include a completed visual environmental assessment form (visual EAF) and a landscaping plan addressing other standards listed within this section with particular attention to visibility from key viewpoints within and outside of the municipality as identified in the visual EAF. The Zoning Board of Appeals may require submittal of a more detailed visual analysis based on the results of the visual EAF.
(2)
Shared use.
(a)
At all times, shared use of existing towers shall be preferred to the construction of new towers. Additionally, where such shared use is unavailable, location of antenna on preexisting structures shall be considered. An applicant shall be required to present an adequate report inventorying existing towers within reasonable distance of the proposed site and outlining opportunities for shared use of existing facilities and use of other preexisting structures as an alternative to a new construction.
(b)
In the case of new towers, the applicant shall be required to submit a report demonstrating good-faith efforts to secure shared use from existing towers as well as documenting capacity for future shared use of the proposed tower. Written requests and responses for shared use shall be provided.
(3)
Setbacks. Towers and antennae shall be set back a minimum of the height of the tower and any antennae or other fixture on top of the tower plus 25 feet. All other structures, including guy wire anchors and accessory facilities shall observe required setbacks within the affected zone. Additional setbacks may be required by the Zoning Board of Appeals to contain on-site substantially all icefall or debris from tower failure and/or to preserve privacy of adjoining residential and public property.
(4)
General requirements.
(a)
Visibility. All towers and accessory facilities shall be sited to have the least practical adverse visual effect on the environment. The area to be served by the tower and the technology utilized by the applicant shall be relevant considerations in this determination.
(b)
Height. As part of the application, the Zoning Board of Appeals shall be empowered to vary the restrictions of this chapter as to height using the standards for area variances set forth in this chapter and the New York State Town Law.
(c)
Towers shall not be artificially lighted except to assure human safety as required by the Federal Aviation Administration (FAA). Towers shall be a galvanized finish or painted gray above the surrounding treeline and painted gray, green or black below the surrounding treeline unless other standards are required by the FAA. All towers should be designed and sited so as to avoid, whenever possible, application of FAA lighting and painting requirements.
[Amended 4-23-2013 by L.L. No. 2-2013]
(d)
Accessory facilities shall maximize use of building materials, colors and textures designed to blend with the natural surroundings.
(5)
Existing vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible, and no cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) shall take place prior to approval of the special permit use. Clearcutting of all trees in a single contiguous area exceeding 20,000 square feet shall be prohibited.
(6)
Screening. Deciduous or evergreen tree plantings may be required to screen portions of the tower from nearby residential property as well as from public sites known to include important views or vistas. Where the site abuts residential or public property, including streets, the following vegetative screening shall be required. For all towers, at least one row of native evergreen shrubs or trees capable of forming a continuous hedge at least 10 feet in height within two years of planting shall be provided to effectively screen the tower base and accessory facilities. In the case of poor soil conditions, planting may be required on soil berms to assure plant survival. Plant height in these cases shall include the height of any berm.
(7)
Access and parking. A road and parking will be provided to assure adequate emergency and service access. Maximum use of existing roads, public or private, shall be made. Road construction shall be consistent with standards for private roads and shall at all times minimize ground disturbance and vegetation cutting to within the toe of fill, the top of cuts or no more than 10 feet beyond the edge of any pavement. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential. Public road standards may be waived in meeting the objectives of this subsection.
(8)
Removal and bond for removal.
(a)
In the event that a communication tower is no longer used for the purpose specified in the application or the communication facility ceases operations for a period of 90 days, such tower, structures and facilities shall be dismantled and removed from the site within 30 days of receipt of a written notice from the Building Inspector and/or Code Enforcement Officer.
(b)
Prior to the issuance of a building permit, the owner and operator of a communications tower shall provide the Town with a surety bond or other financial security acceptable to the Town Attorney to assure that the funds are available to dismantle such tower, remove any debris and to restore the site to a state acceptable to the Zoning Board of Appeals. The estimate shall be prepared by the applicant's licensed engineer, verified by the Town Engineer (or the engineer hired by the Town to evaluate the application, if different from the Town Engineer) and approved, as to form, by the Town Attorney. The amount of such bond shall be approved by the Zoning Board of Appeals.
(9)
Town review fees. In addition to the application fee, the applicant shall be responsible for any and all expert fees which are incurred by the Town in the review of the application, including review by engineers and consultants employed by the Town. As security for this, an applicant shall deposit the sum of $1,000 with the Town at the time of application. Any part of said deposit which is not used by the Town will be refunded to the applicant at the time a certificate of occupancy is issued. No certificate of occupancy or certification of completion or compliance shall be issued until all unpaid fees have been paid.
F.
Radio emissions. Radio emissions from any towers and/or antennas attached to it shall conform to applicable Federal Communications Commission regulations on emissions. The Zoning Board of Appeals shall request proof of compliance with these standards. No certificate of occupancy or certificate of compliance shall be issued by the Building Inspector or Code Enforcement Officer without satisfactory proof of compliance with this requirement.
G.
When an applicant wishes to make a change to an existing tower and the applicant contends that the modification does not substantially change the physical dimensions within the meaning of Section 6409 of the 2012 Middle Class Tax Relief and Job Creation Act, the following procedure shall apply:
[Added 4-23-2013 by L.L. No. 2-2013[2]]
(1)
The application shall be submitted to the Building Inspector, accompanied by the required fee and deposit.
(3)
Upon receipt of the two written reports, if, in the opinion of the Building Inspector, there is no substantial change being proposed, and upon the payment of any building permit fees and balances due for engineering, the Building Inspector shall issue the requested permit.
(4)
Upon receipt of the two written reports, if, in the opinion of the Building Inspector, there is a substantial change being proposed, the Building Inspector shall refer the application to the Zoning Board of Appeals for modification of the special use permit and the Planning Board for site plan approval.
[2]
Editor's Note: This local law also redesignated former Subsection G as Subsection H.
H.
Authority to impose conditions. The Zoning Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed telecommunication tower special use permit.
§ 140-17 Nonconforming uses.
A.
It is recognized that there exist certain structures and uses which were lawfully established prior to the passage of this chapter or amendments thereto and which are now made to be in violation of this chapter. It is the intent of this chapter to permit such nonconforming uses to continue until they are removed, but not to encourage their survival. Such structures and uses may be changed only in the direction of reducing their degree of nonconformity to this chapter.
[Amended 8-11-1987 by L.L. No. 2-1987]
B.
Where the question of direction of change is at issue, the matter will be determined by the Zoning Board of Appeals, which will consider in its deliberations the anticipated changes in the visual appearance of the premises, the traffic volume, the population concentration, the type and volume of emissions from the property and other such relevant data to determine whether the proposed use is more appropriate to the district than the existing nonconforming use.
C.
Should any nonconforming structure or use be wholly or partially destroyed by any means to the extent of more than 75% of its replacement cost at the time of destruction, it shall not be reconstructed or used except in conformity with this chapter.
D.
The failure to exercise a nonconforming use for a period of one year or more terminates the right to exercise such nonconforming use of the structure or premises, and, thereafter, structures and premises shall be used only in conformity with this chapter.
E.
Nothing in this chapter shall be deemed to require a change in the plans, construction or designated use of any building on which actual construction was lawfully begun prior to the date of adoption or amendment of this chapter and upon which actual construction has been diligently carried on.
F.
Normal nonstructural repairs and maintenance may be performed upon a nonconforming structure or a structure containing a nonconforming use. Any major repairs required to restore the structure to a safe condition, as determined by a duly authorized public official, shall be made only in conformity with this chapter.
G.
Notwithstanding any of the above provisions, new farm buildings for the housing of farm animals, produce and farm machinery only may be erected on any farm existing at the date of this chapter or amendments thereto, provided that any such building erected hereafter shall be located not less than 100 feet from the nearest lot line of any adjoining owner.
§ 140-18 Agricultural uses.
None of the provisions of this chapter shall be construed or administered to prevent the normal activities, pursuits, occupations or transactions customarily carried on by farmers in this area in operating farms or agricultural premises owned or occupied by them. However, those provisions of this chapter relating to the size of lots and subdivision of lands, setback of buildings and uses, clear vision at intersections, signs, permits and enforcement and such provisions as prevent commercial or industrial uses in residential or other districts which are not customarily carried on or associated with the occupation of farming shall be applicable to farms and agricultural premises and those engaged in farming.
§ 140-18.1 Battery energy storage systems.
[Added 10-24-2023 by L.L. No. 3-2023]
A.
Authority. This is adopted pursuant to Article IX of the New York State Constitution, § 2(c)(6) and (10), New York Statute of Local Governments, § 10, Subdivisions 1 and 7; §§ 261 through 263 of the Town Law and § 10 of the Municipal Home Rule Law of the State of New York, which authorize the Town to adopt zoning provisions that advance and protect the health, safety and welfare of the community.
B.
Statement of purpose. This battery energy storage system Law is adopted to advance and protect the public health, safety, welfare, and quality of life of the Town by creating regulations for the installation and use of battery energy storage systems, with 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;
(3)
To mitigate the impacts of battery energy storage systems on environmental resources such as important agricultural lands, forests, wildlife and other protected resources; and
(4)
To advance the goals of the Comprehensive Plan.
C. ANSI BATTERY ENERGY STORAGE MANAGEMENT SYSTEM BATTERY ENERGY STORAGE SYSTEM(1) (2) BATTERY(IES) CELL ENERGY CODE FIRE CODE NATIONALLY RECOGNIZED TESTING LABORATORY (NRTL) NEC NFPA UNIFORM CODE
Definitions. As used in this section, the following terms shall have the meanings indicated:
American National Standards Institute.
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 stand-alone 12-volt car battery or an electric motor vehicle. A battery energy storage system is classified as follows:
OFF-GRID BATTERY ENERGY STORAGE SYSTEMA rechargeable battery energy storage system typically used to provide standby or emergency power and/or an uninterruptible power supply, load shedding, load sharing, or similar capabilities relating to the energy consumed by a residence, farm operation or other business on site and having an aggregate energy capacity of less than 600kWh. All energy is consumed on site. No energy is transmitted or discharged to a power grid.
ON-GRID BATTERY ENERGY STORAGE SYSTEMAny installation of a rechargeable battery energy storage system having an aggregate energy capacity of 600kWh or more, consisting of electrochemical storage batteries or similar technology, battery chargers, controls, power conditioning systems, inverters, transformers, switchgears and associated electrical equipment designed to store electrical power received from a generating or transmission source and periodically discharging power from the battery energy storage system into the power grid.
A single cell or a group of cells connected together electrically in series, in parallel, or a combination of both, which can charge, discharge, and store energy electrochemically. For the purposes of this law, 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.
The New York State Energy Conservation Construction Code adopted pursuant to Article 11 of the Energy Law, as currently in effect and as hereafter amended from time to time.
The fire code section of the New York State Uniform Fire Prevention and Building Code adopted pursuant to Article 18 of the Executive Law, as currently in effect and as hereafter amended from time to time.
A U.S. Department of Labor designation recognizing a private sector organization to perform certification for certain products to ensure that they meet the requirements of both the construction and general industry OSHA electrical standards.
National Electric Code.
National Fire Protection Association.
The New York State Uniform Fire Prevention and Building Code adopted pursuant to Article 18 of the Executive Law, as currently in effect and as hereafter amended from time to time.
D.
Applicability.
(1)
The requirements of this section shall apply to all battery energy storage systems permitted, installed, or modified in the Town after the effective date of this section, excluding general maintenance and repair.
(2)
Battery energy storage systems constructed or installed prior to the effective date of this section shall not be required to meet the requirements of this section.
(3)
Modifications to, retrofits or replacements of an existing battery energy storage system that increase the total battery energy storage system designed discharge duration or power rating shall be subject to this section.
E.
General requirements.
(1)
A building permit and an electrical permit shall be required for installation of all battery energy storage systems.
(2)
Issuance of permits and approvals by the Planning Board shall include review pursuant to the State Environmental Quality Review Act.
(3)
All battery energy storage systems, and all buildings or structures that 1) contain or are otherwise associated with a battery energy storage system and 2) subject to the Uniform Code and/or the Energy Code shall be designed, erected, and installed in accordance with all applicable provisions of the Uniform Code, all applicable provisions of the Energy Code, and all applicable provisions of the codes, regulations, and industry standards as referenced in the Uniform Code, the Energy Code, and the Town Code.
F.
Permitting requirements for off-grid battery energy storage systems.
G.
Permitting requirements for on-grid battery energy storage systems. On-Grid battery energy storage systems are prohibited in all zoning districts within the Town.
H.
Safety.
(1)
System certification. Battery energy storage systems and equipment shall be listed by a Nationally Recognized Testing Laboratory to UL 9540 (Standard for battery energy storage systems and Equipment) or approved equivalent, with subcomponents meeting each of the following standards as applicable:
(a)
UL 1973 (Standard for Batteries for Use in Stationary, Vehicle Auxiliary Power and Light Electric Rail Applications).
(b)
UL 1642 (Standard for Lithium Batteries).
(c)
UL 1741 or UL 62109 (Inverters and Power Converters).
(d)
Certified under the applicable electrical, building, and fire prevention codes as required.
(e)
Alternatively, field evaluation by an approved testing laboratory for compliance with UL 9540 (or approved equivalent) and applicable codes, regulations and safety standards may be used to meet system certification requirements.
(2)
Site access. Battery energy storage systems shall be maintained in good working order and in accordance with industry standards. Site access shall be maintained, including snow removal at a level acceptable to the local fire department and, if the battery energy storage system is located in an ambulance district, the local ambulance corps.
(3)
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.
I.
Permit time frame and abandonment.
(1)
The 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 and construction is commenced. In the event construction is not completed in accordance with the final site plan, as may have been amended and approved, as required by the Planning Board, within 24 months after approval, 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.
J.
Severability. The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.
§ 140-18.2 Accessory structures and uses.
[Added 8-8-2023 by L.L. No. 4-2023]
Accessory structures and uses are permitted in any zoning district in connection with any principal use lawfully existing within such district as noted in this section. The yard and bulk requirements for residential accessory structures and uses are described in the use tables at Schedule A.[1] All accessory uses and structures shall be in conformance with Chapter 140, this section and § 140-7.
A.
General requirements. Accessory uses and structures shall meet all of the following requirements:
(1)
They shall not be established or constructed until the primary use or structure is constructed.
(2)
They shall be clearly incidental and subordinate to the principal structure or use by height, area, extent, and purpose.
(3)
Front yards. They shall not be located in any required front yard area.
(4)
Height, setback and lot coverage. They shall be in conformance with the dimensional and bulk requirements of the zoning district in which they are located and shall not cause the rate of overall lot coverage to exceed the maximum rate permitted.
(5)
Architectural. They shall be finished with materials and/or siding that is consistent and compatible with the existing character of the primary structure and surrounding neighborhood.
(6)
Obstruction. They shall not obstruct, block, or force the enclosure of any structural opening (windows, doors, etc.), open porch, deck, or terrace, or required vehicular or pedestrian accessway.
B.
Special requirements for residential accessory uses and structures. Accessory uses and structures in residential districts shall also meet all of the following requirements:
(1)
One accessory building shall be permitted on any residential lot in the Town of Clarkson, with the following limitations and under the following conditions:
(a)
Setbacks. The placement of any such building shall conform to all setback requirements applicable to the district.
(b)
Front yards and side yards. They shall not be located in any required front yard area or side yard area.
(c)
No such building shall be placed nearer to the front property line than the rear line or footprint of the main building or residence upon such lot.
(d)
No such building shall be larger than 25% of the square footage of the main building or habitable floor area of the residence upon such lot, or 2% of the lot size, whichever is larger. In no case shall the accessory building exceeded 2,500 square feet in size. Agricultural buildings on working farms are exempt.
(e)
Site plan. If the accessory building is more than 600 square feet in area, site plan approval shall be required.
(f)
(g)
Shipping or cargo containers, trailers, truck compartments, and similar portable storage containers are prohibited in residential districts unless a thirty-day permit is issued by the Building Department for the following temporary storage purposes: fire, structural damage or moving. Such permit may be renewed for up to two thirty-day periods for no more than 90 days total.
(2)
Each application for a building permit to construct, build or erect an accessory building shall be accompanied by plans in sufficient detail to show:
(a)
A plot plan of the property showing the location of the accessory building in reference to side lines, rear lines and other buildings of the lot.
(b)
Accessory building dimensions, depth and area.
(c)
That the requirements of the New York State Uniform Fire Prevention and Building Code have been met.
(d)
An estimate of the cost of the accessory building.
(e)
A plan that shows any changes to the grading of the lot and the impacts on drainage.
C.
Residential accessory uses and structures. The following shall be considered permissible residential accessory uses or structures for the purposes of this section:
(1)
Decks, patios, terraces, seating areas, or gazebos.
(2)
Residential garages, carports, off-street parking areas and driveways.
(3)
Enclosed storage structures, such as sheds.
(5)
Playgrounds or playhouses.
(7)
Noncommercial nurseries, gardens, or greenhouses.
(8)
Fire escapes or other such structures intended to maintain the health, safety, and welfare of residents within the dwelling and the general public.
(9)
Ramps, lifts, or other such structures intended to provide an increased level of accessibility to the structure or use.
(10)
Dish or radio antennas no more than one meters in diameter and intended for noncommercial use. Such antennae shall not extend more than 30 inches above the roofline or exceed the maximum building height of the district, whichever is less.
(11)
Personal generators, air-conditioning units, and other small-scale mechanical equipment for noncommercial use, provided such equipment is located in the side or rear yard.
(12)
Green infrastructure installations, such as rain barrels, rain gardens, or bioswales.
(13)
Other uses and structures which the Zoning Officer deems appropriate by virtue of similarity in nature, activity, and/or extent to those already listed.
D.
Nonresidential accessory uses and structures. The following shall be considered permissible nonresidential accessory uses or structures for the purposes of this section:
(1)
Decks, patios, terraces, or seating areas otherwise not programmed for public use as part of the primary operation. Outdoor seating and assembly areas shall be in conformance with site plan approval.
(2)
Garages or carports and off-street parking and loading areas, including charging stations and EVSE, with site plan approval.
(3)
Enclosed storage structures, such as sheds.
(5)
Playgrounds or playhouses.
(6)
Nurseries, gardens, or greenhouses.
(7)
Fire escapes or other such structures intended to maintain the health, safety, and welfare of employees, patrons, and the general public.
(8)
Ramps, lifts, or other such structures intended to provide an increased level of accessibility to the structure or use.
(9)
Dish or radio antennae no more than two meters in diameter when screened from public view and adjacent residential property. Such antennae shall not extend more than five feet above the roofline or exceed the maximum building height of the district, whichever is less.
(10)
Generators, HVAC systems, and other mechanical equipment, provided such equipment is located, screened, and operated in accordance with the requirements of this section.
(11)
Green infrastructure installations, such as rain barrels, rain gardens, or bioswales.
(12)
Pump houses, water towers and storage tanks.
(13)
Walkup service windows with site plan review approval.
(14)
Clinics, cafeterias and recreational facilities for the exclusive use of employees of the principal use, with site plan approval.
(15)
Other uses and structures which the Zoning Officer deems appropriate by virtue of similarity in nature, activity, and/or extent to those already listed.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.