Cornwall City Zoning Code
ARTICLE 23
ENVIRONMENTAL IMPROVEMENTS AND ENERGY CONSERVATION REQUIREMENTS
§ 14-2301 Intent.
[Ord. 2008-1, 6/9/2008]
The environmental improvements and energy conservation requirements are designed to recognize the need for conservation of energy and natural resources and to facilitate the utilization of renewable resources. Environmental improvements are intended to moderate the effects of solar radiation, conserve energy, improve air quality, reduce glare and noise, and control erosion, largely through the planting of trees, shrubs, and other vegetative cover. Energy conservation requirements are designed to allow the installation of renewable energy devices and provide the opportunity for individuals to reduce energy dependence by encouraging the productive use of solar and wind energy components.
§ 14-2302 Definitions.
[Ord. 2008-1, 6/9/2008]
The following terms are specifically defined for use within this Article:
A solar energy system that requires external mechanical power to move collected heat.
A landscaped barrier consisting predominantly (80% or more) coniferous trees and shrubs, hedges, earth mounding, walls, or a combination thereof established at a minimum height of six feet. Such environmental buffer shall provide a solid visual, noise and pollutant barrier between potentially incompatible uses. Dense screen plantings shall be at least five feet in width with irregularly spaced double or triple rows of plants and shrubs to obtain a dense, solid mass.
Equipment consisting of containers, heat exchangers, piping, and other transfer mechanisms (including fluids, gases or solids), controls, and related structural support for transporting and storing collected energy (from solar energy systems), including structural elements designed for use in passive solar energy systems.
A durable landscaped planting area located within a vehicular use area or parking lot. Design and location shall provide shade and visual separation of parking and pedestrian areas, improve air quality and control stormwater runoff from large paved areas. An island or strip shall be a minimum of 50 square feet in area, at least five feet in width and contain at least one shade tree per 40 lineal feet of island or fraction thereof. Islands of 40 feet or less in length shall contain at least one shade tree. The remaining area within the island or strip shall be appropriately landscaped with grass, mulch, stones, plants, or other materials not exceeding three feet in height.
A solar energy system that uses natural and architectural components to collect and store energy without using any external mechanical power.
A landscaped planting consisting of trees and shrubs established at less than three feet or greater than six feet in height, so it shall not interfere with any clear sight triangle. Such plantings shall separate streets and vehicular use areas from parking lots, buildings, and other improvements. Perimeter plantings shall consist of individual trees or shrubs spaced a maximum of 50 feet apart to form a linear vegetative border, with grass or ground cover continuously thereunder.
A landscaped planting consisting of a mixture of coniferous trees or shrubs, shade trees, ornamental trees or shrubs, earth mounding, hedges, or a combination thereof established art a minimum height of six feet. Such planting shall separate and protect uses from noise, odor, and dust, as well as moderating the effects of winter winds and summer heat. Screen plantings shall be at least three feet in width with regularly spaced trees and shrubs to obtain a pervious, moderately dense planting.
A freestanding or fixed device, or combination of devices, structures, or part of a device or structure that transforms direct solar energy into thermal, chemical or electrical energy that contributes significantly to a structure’s energy supply.
Radiant energy (direct, diffuse, and reflected) received from the sun.
A complete design or assembly consisting of a solar energy collector, an energy storage facility (where used) and components for the distribution of transformed energy.
The open space between a solar or wind collector and the sun or prevailing wind which must be free of obstructions that may shade or impede the collector to the extent that it would reduce its cost-effective operation.
A device that converts wind energy to mechanical or electrical supply; commonly referred to as windmills.
The blades, plus hub to which the blades are attached, that are used to capture wind for the purpose of energy conversion. The wind rotor is used on a pole or tower along with other generating and electrical storage equipment and forms a wind energy conversion system.
§ 14-2303 Requirement for Environmental and Energy-Conserving Improvements.
[Ord. 2008-1, 6/9/2008]
1.
Environmental and energy-conserving improvements shall be required for the following:
A.
All new subdivisions and developments.
B.
Al new uses or buildings erected or established, including said uses or buildings that are to be located on previously subdivided lots or unsubdivided property.
C.
Expansion of all buildings or uses except single-family and two-family dwellings.
D.
To separate commercial, industrial, institutional, and other nonresidential uses from adjoining residential uses or residential districts.
E.
Around parking lots with 10 or more parking spaces and within the interior of parking lots with 25 or more parking spaces, including parking lots beyond these sizes.
F.
Areas between parking lots and buildings.
G.
Building wall expanses in excess of 75 feet that are exposed to westerly winds, except single and two-family dwellings.
H.
New streets.
§ 14-2304 Environmental and Energy Conserving Standards.
[Ord. 2008-1, 6/9/2008]
1.
Environmental improvements shall satisfy the following minimum standards:
A.
General Standards.
(1)
A minimum of 15% of each developed lot shall be landscaped with appropriate ground cover or plantings.
(2)
Land areas with slopes in excess of 15% shall be restricted to the removal of not more than 25% of the total vegetative cover of the lot, including trees, shrubs, and natural ground cover. Where removal occurs on steep slopes in conjunction with development activities permitted by this Chapter, the steep slopes shall be replanted and re-vegetated with similar trees, shrubs and ground cover to obtain equivalent soil stabilization, moisture retention and protection from ecological damage.
(3)
Existing plant materials shall be preserved, wherever possible, during development. Such existing plants shall be credited toward required plantings. Where topographic, vegetative, or engineering features on or adjacent to the site may provide the desired conservation and environmental protection, the design plan may be adjusted to credit use of the alternative protective features, provided the Zoning Officer approves the design.
(4)
All required trees shall be a minimum 1½-inch caliper and trees, shrubs and plants shall be disease resistant, saline tolerant, winter hardy, and of a species suitable for this geographic region.
(5)
All landscaping and plantings shall be installed using good planting procedures, utilizing quality plant material.
(6)
Plantings should not be designed to interfere with southern exposures to solar radiation.
B.
Specific Standards.
(1)
Buffer Areas. Dense screen plantings shall be required within all specified buffer areas. Said plantings shall be centered within the yard space to provide for growth without infringement upon the property line.
(a)
Where commercial uses abut a residential district, the buffer area shall be a minimum of 50 feet for the entire length of the residential district area.
(b)
Where industrial uses abut a residential district, the buffer area shall be a minimum of 100 feet and shall be planted with a double-wide dense screen planting (minimum width of 10 feet) for the entire length of the residential area.
(2)
Streets. Perimeter plantings shall be required along each side of all new streets, a maximum of 10 feet from the street right-of-way line. Planting strips of five feet or more in width between the sidewalk and street may be approved for perimeter plantings utilizing appropriate tree species. When divided streets are proposed, perimeter plantings shall also be required within the median strip.
(3)
Parking Lots. Perimeter plantings shall be required around the border of all parking lots containing 10 or more parking spaces. Said plantings shall be a maximum of 10 feet from the edge of the paved parking surface. Interior island plantings shall be required within all parking lots containing 25 or more parking spaces. Interior island plantings shall be provided (1) at the ratio of five square feet of planting area for each 100 square feet of paved parking and vehicular use area, and (2) in locations that will divide and separate the parking lot.
(4)
Buildings. Screen plantings shall be required, except for single- and twofamily dwellings, around and along buildings in accordance with the following:
(a)
Parking lots of 10 or more spaces shall be a minimum of 20 feet from the building line of any principal building or structure. The twenty-foot setback shall contain appropriate screen plantings.
(b)
Building walls over 75 feet in length which face westerly, southwesterly or northwesterly shall be bordered by a parallel screen planting which is equal in length to the wall length and is located a maximum of 50 feet from the face of the wall.
§ 14-2305 Solar, Wind, and Alternate Energy Standards.
[Ord. 2008-1, 6/9/2008]
1.
The use of solar, wind, and alternate energy systems is encouraged within these regulations and permitted within any zoning district. Although the installation of such systems is not mandatory, where they are utilized, the following standards shall apply:
A.
Active and passive solar systems, wind energy systems and similar alternate systems, including customary energy storage accessories, shall be permitted for the production, collection, movement, distribution, or storage of heated water, air, or other medium which is intended for conveyance to a principal or accessory building. Systems may include the following subject to the requirements contained herein:
(1)
Solar panels with a combined glazing area of 65 square feet or less, provided that:
(2)
Solar panels with a combined glazing area in excess of 65 square feet, provided that:
(a)
Solar panels attached to a principal structure shall comply with the zoning setbacks prescribed for a principal structure in the applicable zoning district.
(b)
Solar panels that are freestanding or attached to an accessory structure shall comply with the accessory structure requirements of Article 22 of this Chapter.
(3)
Solar greenhouses attached to principal structures shall meet all yard requirements for a principal structure in the applicable zoning district. Solar greenhouses attached to accessory structures shall meet all yard requirements specified for accessory structures in Article 22 of this Chapter.
(4)
Detached solar greenhouses shall meet all yard requirements specified for accessory structures in Article 22 of this Chapter.
(5)
Wind energy conversion systems, provided that:
(a)
The structure supporting the wind rotor unit shall be located a minimum distance of the tower height (measured from the ground to the top of the rotor) plus 15 feet from any property line or road right-of-way. The height of such structure shall not exceed 75 feet.
(b)
Towers may be ground or roof-mounted and shall be securely fastened as per manufacturer’s specifications or a demonstrable equivalent to achieve maximum safety and prevent collapse or fall. Any propeller or turning device that reacts to wind velocity shall have a governor to control the speed of revolutions. Such governors may include a rudder that turns the propeller away from the wind, individually spring-mounted paddles that turn away from the wind, or other suitable manufacturer’s tested device. Towers shall be locked or secured to prevent unauthorized access, and in no case shall a permanently mounted ladder be affixed less than 10 feet from grade level.
(c)
Noise levels shall not exceed 60 dBA as measured at the property line of residentially zoned property, or otherwise shall not exceed 70 dBA.
§ 14-2306 Maintenance and Protection Assurances.
[Ord. 2008-1, 6/9/2008]
1.
The improvements required and permitted within this Article shall be maintained and protected to assure their environmental benefits. The following specific requirements shall apply:
A.
Maintenance.
(1)
Plantings. All required plantings shall be maintained in a good condition to present a healthy, neat, and orderly appearance. Such plantings shall be kept free from refuse and debris. Plants damaged by insects, disease, vehicular traffic, acts of nature or vandalism shall be replaced by the next planting period.
(2)
Energy Systems. Energy systems shall be maintained in a safe manner. Broken glass or other potentially hazardous conditions shall be promptly repaired. A disconnected or abandoned energy system shall be removed from the property within 60 days of such abandonment.
B.
Protection.
(1)
Plantings. Required plantings shall not be removed except to facilitate the planting of acceptable replacement plants. Property improvements shall be protected at all times by such environmental plantings and extensive trimming or pruning of the plantings to reduce or eliminate the protection shall not be permitted.
(2)
Energy Systems. Where a solar or wind system has been installed, it shall be the responsibility of the property owner to secure any easements or restrictive covenants necessary to protect the sky space affecting the solar or wind system. Such an agreement shall be negotiated between owners of affected properties, but it is not a requirement for approval of a building and zoning permit for the solar or wind energy system.
§ 14-2307 Variances.
[Ord. 2008-1, 6/9/2008]
1.
The following factors shall be considered, in addition to those within Articles 26 and 30 of this Chapter, when reviewing petitions for variances to the provisions of Article 23:
A.
Variances shall be granted only for minimum relief and not for purely financial reasons.
B.
Variances to planting requirements shall not request relief from planting height, quality or maintenance.
C.
Variances for energy systems shall allow for effective placement of energy systems, provided the sky space of adjoining property owners is not restricted.
D.
Variances shall consider the resulting effect on the microclimate on the property.
E.
Variances shall consider possible damage to utilities.
§ 14-2308 Plans and Permits.
[Ord. 2008-1, 6/9/2008]
1.
Plans. Plans depicting environmental and energy improvements shall be submitted at the time of application for a building and zoning permit. Information may be included on the required plot plan specified in §14-2804 of this Chapter or submitted on a separate plan. In addition to the information required within §14-2804 of this Chapter, plans shall include:
A.
Location, size, and species of existing plant material.
B.
Delineation of plants to be removed and plants to be retained.
C.
Location, planting size, mature size, and species of all plants within required plantings.
D.
Proposed treatment of all ground surfaces (e.g., paving, grass, gravel, mulch, stone).
2.
Building and Zoning Permits. A building and zoning permit shall be required for installation, expansion, or alteration to any of the environmental improvements and energy systems described within this Article. Applicable procedures of Article 28 of this Chapter shall apply during the processing of such permit applications. Where desired, the Zoning Officer may refer plans to the Lebanon County Conservation District or any other applicable agencies for review and comment prior to formal action on the permit application.