Unless otherwise specified, all accessory uses and structures shall be subject to the same review process as the principal use to which they are incidental.

No accessory use or structure shall occupy a lot without a principal use or principal structure present on the same lot.

Unless otherwise specified, all accessory uses and structures shall conform to the lot and structure dimensional standards applicable to the principal use or structure.

Mechanical equipment, decorations, antennas, chimneys and similar appurtenances may not require site plan or special permit review if they are less than 10 square feet in area, attached to the principal structure and are found by the Commissioner to be consistent with the conditions, if any, of board approval.

Accessory buildings (e.g., storage units, sheds, etc.) for one- or two-family dwellings or townhouses in residential districts that are 100 square feet or less in area and less than 12 feet in height do not need a building permit or certificate of occupancy from the Town of Clay. However, these accessory buildings shall comply with the following minimum standards:

Unless otherwise specified by this code, there shall be only one principal use per lot.

Unless otherwise specified by this code, there shall be only one principal structure per lot.

Temporary residences. A manufactured home may be utilized as a temporary residence in any residential district while the permanent residence located on the same property is under construction or not otherwise habitable due to remodeling. Such temporary residence shall be subject to a special permit from the Zoning Board of Appeals. The special permit duration shall be a duration not to exceed six months and may not be renewed more than three consecutive six-month periods.

Portable storage units are permitted on active construction sites subject to a permit from the Office of Planning and Development or as an accessory structure within a contractor's storage yard. Units not in active use may be stored, subject to site plan review, within a contractor's storage yard. Portable storage is not permitted on sites when unrelated to construction activity.

Residential, Planned Development or Commercial Zone Districts. No property or dwelling shall contain more than three adult dogs and three adult cats (“adult” is a dog or cat over six months in age). There is no restriction upon the number of other kinds of domestic animals maintained within a dwelling that are consistently maintained within appropriate containers such as aquariums or birdcages; these animals include, by illustration, tropical fish, exotic birds, ferrets, gerbils and hamsters. No exotic animals harbored outside of such containers or farm animals (see definitions) shall be harbored or maintained as pets.

RA-100 Zone District. There is no limit on the type or number of farm, exotic or domestic animals maintained as pets by a residents within their respective residential properties, provided such property is five acres or greater in area.

All other districts. A special permit from the ZBA shall be required for pets maintained in nonconforming residential and/or farm land uses within any other district.

Land uses with animal-related activities or structures. An approved site plan review or special permit is required, depending on the zone district, for primary, secondary or accessory land uses that are related to animals, such as: private stables or accessory kennels, veterinary care facilities, animal training facilities, and animal boarding facilities. Such uses are specifically listed; see each zone district to determine if such uses are permitted and under what review procedure.

No wall or fence, other than a wire fence, shall be erected, replaced or maintained on any residential lot having a height in excess of seven feet.

No fence or hedge having a height in excess of 2 1/2 feet shall be erected, replaced or maintained in the front yard or side yard between the street line and the setback line.

Fences cannot be erected across any easement or right-of-way.

Fences in flood zones must comply with Chapter 112, Flood Damage Prevention.

Fences surrounding swimming pools must comply with § 230-20B(3).

Map or survey. The application shall be accompanied by a map or survey showing the exact location of the pool with reference to lot side lines, existing buildings, water mains, electric lines, gas lines and sewer lines. The application shall show the manner and method of disposal of waste water.

Lighting. No lighting shall be permitted in, on or about a swimming pool except such lighting that shall shine into or upon the pool which shall cast no light or reflections onto abutting properties.

Overhead wires. No overhead electric lines shall be maintained within 20 feet of the nearest portion of a pool or appurtenances.

Perimeter. A perimeter of at least four feet around all edges of the pool shall be maintained between the edges of the pool and fence erected around the pool.

Disposal of waste water. Waste water shall not be discharged into any sanitary sewer in the Town of Clay. Waste water shall be prevented from flowing over or into the land of any adjoining property owner or over any abutting street.

Filling. No pool having water capacity in excess of 100 gallons shall be filled or added to at any time during the effectiveness of emergency water orders or measures.

Existing pools. Existing pools shall conform to all provisions of this subsection.

Abandonment. Should the pool be abandoned, the owner shall arrange to remove the depression and return the surface of the ground to its original grade, and Enforcement Officer shall be notified.

Meet the requirements of minimum measures 4 and 5 of the SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), Permit No. GP-02-02, or as amended or revised;

Require land development activities to conform to the substantive requirements of the New York State Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities GP-02-01, or as amended or revised;

Minimize increases in stormwater runoff from land development activities in order to reduce flooding, siltation, increases in stream temperature, and streambank erosion and maintain the integrity of stream channels;

Minimize increases in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality;

Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable; and

Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through stormwater management practices and to ensure that these management practices are properly maintained and eliminate threats to public safety.

Land development activities and associated increases in site impervious cover often alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, or sediment transport and deposition;

This stormwater runoff contributes to increased quantities of waterborne pollutants, including siltation of aquatic habitat for fish and other desirable species;

Clearing and grading during construction tend to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat;

Improper design and construction of stormwater management practices can increase the velocity of stormwater runoff, thereby increasing streambank erosion and sedimentation;

Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream base flow;

Substantial economic losses can result from these adverse impacts on the waters of the municipality;

Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities;

The regulation of stormwater runoff discharges from land development activities in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel erosion, and nonpoint source pollution associated with stormwater runoff is in the public interest and will minimize threats to public health and safety;

Regulation of land development activities by means of performance standards governing stormwater management and site design will produce development compatible with the natural functions of a particular site or an entire watershed and thereby mitigate the adverse effects of erosion and sedimentation from development.

This subsection shall be applicable to all land development activities as defined in § 230-20D(6).

The municipality shall designate a Stormwater Management Officer who shall accept and review all stormwater pollution prevention plans and forward such plans to the applicable municipal board. The Stormwater Management Officer may:

All land development activities subject to review and approval by the Planning Board and the Town Board of the Town of Clay under subdivision, site plan, and/or special permit regulations shall be reviewed subject to the standards contained in this subsection.

All land development activities not subject to review as stated in Subsection D(4)(c) above shall be required to submit a stormwater pollution prevention plan (SWPPP) to the Stormwater Management Officer who shall approve the SWPPP if it complies with the requirements of this subsection.

Agricultural activity as defined in this subsection.

Silvicultural activity, except that landing areas and log haul roads are subject to this subsection.

Routine maintenance activities that disturb fewer than five acres and are performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility.

Repairs to any stormwater management practice or facility deemed necessary by the Stormwater Management Officer.

Any part of a subdivision if a plat for the subdivision has been approved by the Town of Clay on or before the effective date of this subsection.

Land development activities for which a building permit has been approved on or before the effective date of this subsection.

Cemetery graves.

Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles.

Emergency activity immediately necessary to protect life, property or natural resources.

Activities of an individual engaging in home gardening by growing flowers, vegetable and other plants primarily for use by that person and his or her family.

Landscaping and horticultural activities in connection with an existing structure.

Stormwater pollution prevention plan requirement. No application for approval of a land development activity shall be reviewed until the appropriate board has received a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications in this subsection.

Contents of stormwater pollution prevention plans.

Other environmental permits. The applicant shall assure that all other applicable environmental permits have been or will be acquired for the land development activity prior to approval of the final stormwater design plan.

Contractor certification.

A copy of the SWPPP shall be retained at the site of the land development activity during construction from the date of initiation of construction activities to the date of final stabilization.

Technical standards. For the purpose of this subsection, the following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this subsection:

Equivalence to technical standards. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in § 230-20D(8)(a)[1] and the SWPPP shall be prepared by a licensed professional.

Water quality standards. Any land development activity shall not cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the State of New York.

Maintenance and inspection during construction.

Drainage easement(s). Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, the applicant or developer must execute a drainage easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall provide for access to the facility at reasonable times for periodic inspection by the Town of Clay to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this subsection. The easement shall be recorded by the grantor in the office of the County Clerk after approval by the counsel for the Town of Clay.

Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this subsection shall ensure they are operated and maintained to achieve the goals of this subsection. Proper operation and maintenance also includes as a minimum, the following:

Maintenance agreements. The Town of Clay shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the County Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of Schedule B of this chapter, entitled "Sample Stormwater Control Facility Maintenance Agreement."[1] The Town of Clay, in lieu of a maintenance agreement, at its sole discretion may accept dedication of any existing or future stormwater management facility, provided such facility meets all the requirements of this subsection and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.

Severability. If the provisions of any article, section, subsection, paragraph, subdivision or clause of this subsection shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this subsection.

Effective date. This subsection shall be effective upon filing with the office of the Secretary of State.

Erosion and sediment control inspection.

Stormwater management practice inspections. The Town of Clay Stormwater Management Officer is responsible for conducting inspections of stormwater management practices (SMPs). All applicants are required to submit as-built plans for any stormwater management practices located on-site after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and must be certified by a professional engineer.

Inspection of stormwater facilities after project completion. Inspection programs shall be established on any reasonable basis, including but not limited to routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the SPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to, reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater management practices.

Submission of reports. The Town of Clay Stormwater Management Officer may require monitoring and reporting from entities subject to this subsection as are necessary to determine compliance with this subsection.

Right-of-entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Town of Clay the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection D(11)(c) above.

Construction completion guarantee. In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Town of Clay in its approval of the stormwater pollution prevention plan, the Town of Clay may require the applicant or developer to provide, prior to construction, a performance bond, cash escrow, or irrevocable letter of credit from an appropriate financial or surety institution which guarantees satisfactory completion of the project and names the Town of Clay as the beneficiary. The security shall be in an amount to be determined by the Town of Clay based on submission of final design plans, with reference to actual construction and landscaping costs. The performance guarantee shall remain in force until the surety is released from liability by the Town of Clay, provided that such period shall not be less than one year from the date of final acceptance or such other certification that the facility(ies) have been constructed in accordance with the approved plans and specifications and that a one-year inspection has been conducted and the facilities have been found to be acceptable to the Town of Clay. Per annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability.

Maintenance guarantee. Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the developer or by a corporation that owns or manages a commercial or industrial facility, the developer, prior to construction, may be required to provide the Town of Clay with an irrevocable letter of credit from an approved financial institution or surety to ensure proper operation and maintenance of all stormwater management and erosion control facilities, both during and after construction, and until the facilities are removed from operation. If the developer or landowner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the Town of Clay may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.

Recordkeeping. The Town of Clay may require entities subject to this subsection to maintain records demonstrating compliance with this subsection.

Notice of violation. When the Town of Clay determines that a land development activity is not being carried out in accordance with the requirements of this subsection, it may issue a written notice of violation to the landowner. The notice of violation shall contain:

Stop-work orders. The Town of Clay may issue a stop-work order for violations of this subsection. Persons receiving a stop-work order shall be required to halt all land development activities, except those activities that address the violations leading to the stop-work order. The stop-work order shall be in effect until the Town of Clay confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop-work order in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this subsection.

Violations. Any land development activity that is commenced or is conducted contrary to this subsection may be restrained by injunction or otherwise abated in a manner provided by law.

Penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this subsection shall be guilty of a violation punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine of not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine of not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this subsection shall be deemed misdemeanors, and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.

Withholding of certificate of occupancy. If any building or land development activity is installed or conducted in violation of this subsection, the Stormwater Management Officer may prevent the occupancy of said building or land.

Restoration of lands. Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the Town of Clay may take necessary corrective action, the cost of which shall become a lien upon the property until paid.

Permitted fuel. Only firewood and untreated lumber are permitted to be burned in any outdoor furnace.

Prohibited substances. Industrial waste, rubber, plastic, used motor oil, toxic chemicals, contaminated waste, yard waste, household garbage, cardboard and wastepaper, animal waste and any material prohibited for combustion by federal or state statute.

Permitted zones. Outdoor furnaces shall be permitted only in the RA-100, I-1 and I-2 Zoning Districts as shown on the Town's Zoning Map.

Minimum lot size. Outdoor furnaces shall be permitted only on lots of three acres or more.

Setbacks. Outdoor furnaces/wood storage shall be set back not less than 100 feet from the nearest lot line.

Outdoor furnaces shall not be located closer than 25 feet to any other structure.

Months of operation. Outdoor furnaces shall be operated only between September 1 and May 31.

Spark arrestors. All outdoor furnaces shall be equipped with properly functioning spark arrestors.

No outdoor furnace shall be utilized in any manner as a waste incinerator.

A permit issued pursuant to this chapter may be suspended as the Code Enforcement Officer may determine to be necessary to protect the public health, safety and welfare of the residents of the Town of Clay if any of the following conditions occurs:

A suspended permit may be reinstated once the condition which resulted in suspension is remedied and reasonable assurances are given that such condition will not recur. Recurrence of a condition which has previously resulted in suspension of a permit shall be considered a violation of this Subsection E subject to the penalties provided in § 230-20E(7) hereof.

No goods, wares or merchandise shall be offered for sale or sold at such sale other than used property owned exclusively by the owner, tenant or occupant of such residence. New goods shall not be sold at garage sales. Upon request by any representative of the Code Enforcement Department, the person conducting such sale shall establish his title to the goods, wares or merchandise offered for sale.

No sign, billboard, placard, or other form of advertisement of such sale shall be placed upon any public property within the Town; except in accordance with § 230-22C(3), Temporary sign standards.

No such sale shall be commenced prior to 8:00 a.m., and it shall conclude each day at or before 6:00 p.m.

Such sales are limited to four per calendar year.

No goods, wares or merchandise shall be placed or displayed in the front yard of any corner lot, residence or premises, nor in the side yard of any corner lot, unless such side yard is screened from the view of the adjacent public right-of-way to the maximum height permitted, for the purpose of offering for sale, selling or advertising such sale. For the purpose of this article, "front yard" is defined as the full width of the lot lying between the public right-of-way and the front building line of the main house on the premises. This section shall be applied to avoid the display of goods in the open on property between any residential structure and the street.

Purpose.

Intent. In enacting this subsection, the Town is establishing uniform standards to address issues presented by certain wireless facilities, including, without limitation, to:

Agreement. Prior to installing any communications facility in a public ROW, or any pole built for the sole or primary purpose of supporting a communications facility, or any tower, a person shall enter into a license agreement ("license agreement") with the Town, which shall be filed with the Onondaga County Clerk's office, expressly authorizing use of the public right-of-way for the communications facility, pole or tower proposed to be installed.

Fees and charges.

Permit required. Unless expressly authorized in this subsection or in writing by the Town, no person may construct, install or maintain in the public ROW any communications facilities or poles built for the primary purpose of supporting communications facilities, or towers, including the installation or co-location of communications facilities on existing poles, towers, support structures or other structures within the public ROW, without first receiving a permit. Notwithstanding the foregoing, in the event of an emergency, a provider or its duly authorized representative may work in the public ROW prior to obtaining a permit, provided that the provider shall attempt to contact the Town prior to commencing the work and shall apply for a permit as soon as reasonably possible, but not later than 12 hours after commencing the emergency work. For purposes of this subsection, an "emergency" means a circumstance in which immediate repair to damaged or malfunctioning facilities is necessary to restore lost service or prevent immediate harm to persons or property.

Permit application requirements. The application shall be made by the provider or its duly authorized representative and shall contain the following:

Proprietary or confidential information in application. Applications are public records that may be made available pursuant to the New York State Freedom of Information Law. Notwithstanding the foregoing, an applicant may designate portions of its application materials that it reasonably believes contain proprietary or confidential information as "proprietary" or "confidential" by clearly marking each portion of such materials accordingly, and the Town shall treat the information as proprietary and confidential, subject to the requirements of the New York State Freedom of Information Law and the Town's determination that the applicant's request for confidential or proprietary treatment of application materials is reasonable.

Ordinary maintenance and repair. A permit shall not be required for ordinary maintenance and repair. The provider or other person performing the ordinary maintenance and repair shall obtain any other permits required by applicable laws and shall notify the Town in writing at least 48 hours before performing the ordinary maintenance and repair.

Material changes. The Town may require payment of an additional permit application fee in the event the Town determines, in its sole discretion, that material changes to an application after submission amount to a new application and will materially increase the time and/or costs of the permit review process. Unless otherwise agreed to in writing by the Town, any material changes to an application, as determined by the Town in its sole discretion, shall be considered a new application for purposes of the time limits unless otherwise provided by applicable laws.

Application fees. Unless otherwise provided by applicable laws, all applications pursuant to this subsection shall be accompanied by the required fees.

Effect of permit. A permit from the Town authorizes an applicant to undertake only the activities in the public ROW specified in the application and permit, and in accordance with this subsection and any general conditions included in the permit. A permit does not authorize attachment to or use of existing poles, towers, support structures or other structures in the public ROW; a permittee or provider must obtain all necessary approvals and pay all necessary fees from the owner of any pole, tower, support structure or other structure prior to any attachment or use. A permit does not create a property right or grant authority to the applicant to interfere with other existing uses of the public ROW.

Duration. Any permit for construction issued under this subsection shall be valid for a period of 90 days after issuance and can be extended for an additional 90 days upon written request of the applicant, if the failure to complete construction is a result of circumstances beyond the reasonable control of the applicant.

An applicant may simultaneously submit up to five applications for communications facilities, or may file a single, consolidated application covering a batch of not more than 20 such communications facilities, provided that the proposed communications facilities are to be deployed on the same type of structure using similar equipment and within an adjacent, related geographic area of the Town. If the applicant files a consolidated application, the applicant shall pay the application fee calculated as though each communication facility were a separate application. No applicant shall submit more than one consolidated application over a six-month period. The Code Enforcement Officer has the discretion to determine whether a provider is submitting a consolidated application through the submission of multiple single small wireless facilities.

Permitted use. The following uses within the public ROW shall be permitted uses, subject to administrative review and issuance of a permit as set forth in this § 230-20G. All such uses shall be in accordance with all other applicable provisions of this subsection, including, without limitation, those set forth in this subsection and the terms of any license agreement. Administrative review will not be available for consolidated applications or simultaneous applications for more than five communication facilities.

Application review.

Maximum height of permitted use. Small wireless facilities, and new, modified or replacement poles, towers and support structures in the public ROW may be approved through administrative review as provided in this subsection only if the following requirements are met:

Design standards. The design standards for communication facilities, poles built for the sole or primary purpose of supporting communications facilities, or towers shall be adopted by the Town Board and shall be published on the official Town website and made available to all applicants at their request or upon submission of an application. The design standards must be strictly adhered to and shall constitute a condition precedent to the granting of any permitting pursuant to this subsection. The design standards shall be subject to change upon upon a majority vote of the Town Board.

General work requirements.

Compliance with permit.

Mapping data. The permittee shall provide to the Town as-builts, in a format designated by the Town or otherwise compatible with such format, showing the location of communications facilities, poles, support structures and towers upon completion of the permitted work.

The application qualifies for issuance of a permit under this subsection.

The attachment and/or the replacement pole is in keeping with the aesthetics of the decorative pole.

Compliance. All communications facilities shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, the Town of Clay Code, and any other applicable local, state, and federal rules and regulations.

Underground utilities. All service lines to the proposed communications facility shall be underground if all other utilities in the immediate area are also underground.

Power and fiber-optic supply.

Wiring, cables and conduit requirements.

Lighting. Lighting associated with communications facilities is prohibited, except when incorporated into new or existing approved decorative lighting poles and/or streetlights. Any internal lights associated with electronic equipment must be shielded from public view.

Signage. Signage is prohibited on all communications facilities and support structures, including stickers, logos, and other nonessential graphics and information unless required by the FCC.

Work permits. All providers must obtain a work permit from the Town for any activity described in this subsection.

Public safety communications. Small wireless facilities shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by the occupants of nearby properties.

Existing support structures.

New pole, tower or support structures.

Antennas.

Small wireless facilities installed on support structures.

Ground-mounted small wireless facilities.

Construction and safety requirements.

Indemnify and hold Town harmless. Any provider who owns or operates a communications facility or a pole, tower or support structure in the public ROW or upon Town-owned property shall, to the fullest extent permitted by law, indemnify, protect, defend, and hold the Town and its elected officials, officers, employees, agents, and volunteers harmless from any and all penalties, damages, costs, or charges arising out of any and all claims, suits, demands, causes of action, or award of damages, whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, which might arise out of, or are caused by, the placement, construction, erection, modification, location, product performance, use, operation, maintenance, repair, installation, replacement, removal, or restoration of said facility. With respect to the penalties, damages or charges referenced herein, reasonable attorneys' fees, consultants' fees and expert witness fees are included in those costs that are recoverable by the Village.

Said provider shall also hold the Town and/or its agent(s) harmless in the event any action by the Town and/or its agent(s) negligently or recklessly disrupts, destroys, and/or incapacitates the small cell facility or wireless support structure situated in the public ROW or Town-owned property in accordance with these Design Guidelines and Standards.

To take advantage of a safe, abundant, renewable and nonpolluting energy resource;

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

To increase employment and business development in the Town, to the extent reasonably practical, by furthering the installation of solar energy systems;

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

To maintain the rural character of the Town of Clay and to integrate solar energy usage in the Town in such a way as to minimize the visual impact on the community.

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

Solar energy systems constructed or installed prior to the effective date of this section shall not be required to meet the requirements of this section.

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

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

A building permit shall be required for installation of all solar energy systems and installation must be performed by a qualified solar installer as approved by the Town Codes Officer.

Solar energy systems, unless a part of a Tier 3 solar energy system, shall be permitted to provide for power for use by owners, lessees, tenants, residents or other occupants of the premises on which they are erected, but nothing contained in this provision shall be construed to prohibit the sale of excess power through a net metering arrangement in accordance with the New York Public Service Law or similar state or federal statute. However, solar energy systems applications in a residential setting and serving residential use on a single parcel or lot shall be limited to 25 kW and 110% of energy consumed on the site in the prior 12 months. Solar energy system applications serving a commercial or industrial use shall be limited to no more than 110% of the energy consumed on the site in the prior 12 months.

Issuance of permits and approvals by the Town Board, Planning Board, and Codes Officer shall include review pursuant to the State Environmental Quality Review Act ECL Article 8 and its implementing regulations at 6 NYCRR Part 617 ("SEQRA").

Prior to operation, electrical connections must be inspected by an appropriate licensed electrical inspection person or agency, as determined by the Town. An electrical inspector must supply written verification that all electrical connections pass inspection.

Connection to the public utility grid must be inspected by the appropriate public utility, and proof of inspection shall be provided to the Town.

Solar energy systems shall be permitted only if they are determined by the Town not to present any unreasonable safety risk, including, but not limited to, weight load, resistance and ingress and egress in the event of fire or other emergency.

Also, energy systems shall comply with all relevant and applicable provisions of the New York State Uniform Fire Prevention and Building Code Standards.

If storage batteries are included as part of the solar energy system, they must be placed in a secure container or enclosure under the requirements of the New York State Uniform Fire Prevention and Building Code when in use, and when no longer in use shall be disposed of in accordance with the laws and regulations of the Town and other applicable laws and regulations.

All utility services and electrical wiring/lines shall be placed underground and otherwise be placed within the walls or unobstructed conduit. Conduits or feeds which are laid on the roof shall be camouflaged to blend in with the roof and reduce statically objectionable impacts.

If solar energy systems, except for Tier 3 systems which have separate regulations under this section, cease to perform their originally intended function for more than 12 consecutive months, unless extended by the Town Board, the property owner shall completely remove the system, mounts and all associated equipment and components by no later than 90 days after written notice is received from the Town. The Code Enforcement Officer shall have the right, at any reasonable time after notice, to enter in company of the owner or his agent to ensure that the solar energy system remains operational.

Design, construction, operation and maintenance of the solar energy system shall prevent direction, misdirection and/or reflection of solar arrays and/or glare onto neighboring properties, public roads, public parks and public buildings.

Prior to the time of the issuance of a solar building permit, the applicant/owner shall demonstrate to the Code Enforcement Officer a reliable and safe master method for the de-energizing of the solar energy system in the event of an emergency.

Roof-mounted solar energy systems.

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

Districts where allowed. Tier 2 solar energy systems are permitted in all districts.

Applications for the installation of Tier 3 solar energy system shall be:

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

Vehicular paths. Vehicular paths within the site shall be designed to minimize the extent of impervious materials and soil compaction.

Signage.

Glare. All solar panels shall have antireflective coating(s).

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

Tree-cutting. Removal of existing trees larger than six inches in diameter should be minimized to the extent possible.

Decommissioning.

Property lines and physical features, including roads, and all improvements for the project site as shown on a current survey prepared and signed by a licensed surveyor.

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

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

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

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

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

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

Property operation and maintenance plan. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing and trimming.

Erosion and sediment control and stormwater management plans prepared to New York State Department of Environmental Conservation standards, if applicable, and to such standards as may be established by the Planning Board.

Prior to the issuance of the building permit or final approval by the Town Board, engineering documents must be signed and sealed by a New York State (NYS) licensed professional engineer or NYS registered architect.

The Planning Board shall complete site plan review within 90 days from the receipt of all relevant and required documents from the applicant and, for Tier 3 applications, forward its report with any recommendations to the Town Board unless the time is extended by the Town Board.

Special and additional requirements for all Tier 3 applications:

Lot size.

Setbacks.

Height.

Lot coverage.

Fencing requirements. All mechanical equipment, including any structure for storage batteries, shall be enclosed by a seven-foot-high fence, as required by NEC, with a self-locking gate to prevent unauthorized access.

Screening and visibility.

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

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

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

The special use permit and site plan approval for a solar energy system shall be valid for a period of 12 months after issue. In the event a building permit's not issued or significant construction is not in progress in accordance with the final site plan and special permit within the twelve-month period, the Town Board may extend the time to pull a permit or complete construction for an additional 90 days by resolution of the Board. If the expiration time is not extended by the Town Board, all approvals shall become "null and void."

If there is no electricity generation of a solar energy system on a continuous basis for 12 months and/or the reduction of proposed usage in the amount of 50% for 12 months, the Town may notify and instruct the landowner and/or operator of the solar energy system to implement the decommissioning plan. Decommissioning must be completed within 250 days of notification, unless extended by the Town Board.

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

Generally. Major signs are permanent, substantial yet accessory structures designed, sized and located to present information to the general public about the business or operation of the principal land use located on the property.

Approval method, numerical and other requirements are subject to Table A requirements.

Special permit uses. The Planning Board shall issue a special permit for the use of an electronic message sign prior to the issuance of any building permits.

Generally. Minor signs are permanent accessory structures designed, sized and located to present limited information to the users, visitors, or occupants within a lot. Such signs shall be installed for limited navigation and safety, directory or other purposes related to the internal operation on the property and are regulated pursuant to the following requirements. These requirements shall be applied to promote the safe and effective use of the property in manner and design that enhances the appearance of the lot and surrounding properties.

Approval method. All minor signs shall be subject to approval during the review required for the principal use or structure and shall be within the jurisdiction of the applicable reviewing board (Town Board, Planning Board, Zoning Board of Appeals). These boards may as a condition of approval direct the Commissioner of Planning and Development to finalize and adjust details of design and location of all minor signs within the parameters of the approved plan.

Types of minor signs. The following are recognized as minor signs subject to this section: private traffic, public safety, information, directory, menu and statuary signs.

The size of minor signs should not exceed four square feet and may be adjusted by the reviewing board for enhancing sign purpose, the site conditions, and/or the activity of the internal user (driver or pedestrian, customer, visitor or employee).

Number of minor signs: minimal number to accomplish sign purpose, the site conditions and activity of the internal user.

Location of minor signs: located to maximize the internal operation of the lot and away from the public or private right-of-way and from adjoining properties.

Generally. Temporary signs are nonpermanent accessory structures designed and installed to present time-limited information to the public that may be of a commercial or noncommercial nature. The following requirements have been established to allow for the broadest opportunities for expression while preserving public safety and the aesthetic qualities of community appearance.

Contact information. All temporary signs shall have local contact information, either printed on or attached to some portion of the sign itself, or, as an alternative, the placement of temporary signs shall be recorded with the Commissioner of Planning and Development. This local contact shall be the person, agency or enterprise responsible for proper installation, care and the prompt removal of temporary signs. Signs lacking printed contact information or the alternative of recording with the Commissioner may be removed by the Town.

Approval method. No prior approval is required for signs less than 16 square feet. Signs greater than 16 square feet shall be reviewed by the Commissioner of Planning and Development to ensure that the proposed location does not impede pedestrian or vehicular movements, is fully and adequately secured to the ground or structure and meets all applicable safety standards.

Location of temporary signs. No temporary sign shall be placed within any public right-of-way (ROW). All temporary signs shall be located within the boundaries of a private lot upon permission of the property owner if located on a lot unrelated to event. See also general prohibitions and requirements for corner lots.[3]

Installation, maintenance and removal of temporary signs. All temporary signs shall be installed in a manner consistent with these regulations. Any damaged, dislodged or deteriorated temporary sign shall be immediately removed. Temporary signs shall be removed within the time period allotted for each type of temporary sign.

Types of temporary signs.

No sign permit shall be required for the following:

The foregoing exceptions shall not be deemed to waive any regulations contained in this chapter or any other law which is otherwise applicable.

The proposed sign is not in conflict with the general prohibitions contained in Subsection E of this section, the provisions of which may not be waived, and complies with all other applicable provisions.

The proposed sign will not have any adverse impact upon the character or integrity of any land use having unique cultural, historical, geographical, architectural or other significance.

Signs should be designed to be compatible with their existing and planned surroundings and should be consistent with the architectural character of the buildings on which they are located.

Sign panels and graphics should relate to and not obstruct architectural features or details and should be in proportion to them.

Layout should be orderly and graphics concise.

Illumination should be appropriate to the character of the sign and its surroundings and shall be in accordance with § 230-22E(2)(g) of this chapter.

All illuminated signs shall meet Underwriters Laboratories (UL) rating standards.

The addition of a street address on freestanding signs shall be required unless otherwise determined by the Planning Board.

Signs are accessory structures. Only signs that are accessory structures as defined in this Code shall be permitted pursuant to the requirements of this section. No sign shall be installed or used as a principal structure or principal or secondary use. Unless otherwise permitted, no sign shall be unrelated to the property upon which it is located.

Maintenance, care and public safety. No sign shall be maintained that, due to its condition, location, materials or method of installation, poses a risk of littering or public safety, as determined by the Commissioner of Planning and Development.

Obstructions. No sign shall obstruct by physical or visual means any fire escape, window, door or any opening providing ingress or egress or designed for fire or safety equipment; any passageway from one part of a structure or roof to another portions thereof; or any opening required for ventilation, or which is required to remain unobstructed by any applicable law.

Projections.

Placement. No sign shall be placed upon or attached to any public right-of-way, utility pole, lamppost, water or fire hydrant, sidewalk, bridge, tree or similar installation or improvement, whether situated upon public or private property.

Signs which by their use or simulation of colors, design or placement, tend to confuse, detract from or in any manner obstruct the utilization of traffic regulatory devices are prohibited. All determinations of this type shall be made by the enforcement officer, who shall consider, but not be limited to, the following aspects of such signs:

Illumination. No sign shall produce illumination in excess of one footcandle at a distance of four feet.

Corner visibility. On a corner lot within the areas formed by right-of-way lines of intersecting streets and a line joining points on such right-of-way lines at a distance of 25 feet from their intersection, no sign shall project into the elevation between a height of 2 1/2 feet and a height of 10 feet above the grade of each street at the centerline thereof.

Vehicular signs; signs on motor vehicles.

Prohibited signs. The Town having considered and observed its overall community objectives, its physical and administrative resources, the visual and physical character of the community, the variety of communication opportunities for lots and land uses, and the negative visual, aesthetic and physical impact of certain types of signs declare that the following are prohibited types of signs:

The area of the sign support should be in relationship to the area of overall dimension of the signage with approval of the reviewing board.

The area of a sign is the entire area within a single continuous perimeter enclosing the extreme limits of writing, representation, emblem, or any figure of similar character, as included in the definition of sign, together with any frame or material or color forming an integral part of the display used to differentiate such sign from the background against which it is placed, excluding the necessary supports or uprights on which such sign is situated.

When a wall sign consists of individual letters, symbols or characters, its area shall be computed as the area of the smallest rectangle, which encloses all of the letters, symbols and characters.

When a sign consists of two or more faces, only one face of the sign shall be used in computing the sign area if the faces are parallel to and within 12 inches of each other. Otherwise, all faces of the sign shall be used to compute the sign area.

The allowed area of a three-dimensional representational sign shall be determined by the Town of Clay Planning Board.

Structurally changed to another nonconforming sign.

Structurally altered to prolong the life of the sign, except to meet safety requirements.

Altered in any manner that increases the degree of nonconformity.

Period of nonuse of the activity, product, service or other item relative to the message content of the sign, provided that where business activity has been discontinued for a period of 90 days, the sign shall be presumed to have become abandoned, unless the owners, beneficial user, or other party in interest files a written certification with the enforcement officer indicating that such business activity (including its appurtenances) is to be reactivated within 30 days following such ninety-day period.

The sign is situated upon or incidental to a site which has been scheduled for demolition and it appears that the activity, product, service or other item relative is no longer viable irrespective of the lapse of time.

The sign is otherwise nonconforming or illegal, and the owner or beneficial user cannot with reasonable diligence be located.