Voluntary reductions. Any applicant proceeding with site plan review may request that the minimum number of required off-street parking spaces be reduced for their project if they can demonstrate to the Planning Board that their business would not actually warrant the minimum amount required during normal operations, or that other opportunities, such as shared parking, would account for the difference.

Off-site employees. Parking requirements may be reduced by Planning Board review if it can be demonstrated that a sufficient number of employees would be carpooling, traveling, working from home or otherwise away from the office during a typical work week.

On-street parking. For development on parcels which abut or are adjacent to on-street parking, some of the required parking spaces may be eliminated with Planning Board approval if it can be demonstrated that the on-street parking will reasonably account for the reduction.

Pervious parking surfaces. Additional parking spaces above the maximum may be provided by pervious paving surfaces in lieu of traditional asphalt.

Structured parking. Spaces provided within the footprint area of a structure such as a building, including rooftop, at-grade, or below-grade spaces. If such parking spaces are part of a multifloor parking garage or deck structure only, then all but the topmost level shall still be counted against the maximum number of spaces.

Banked parking. Additional parking spaces above the maximum may be permitted as banked parking with Planning Board approval.

Public parking. Additional parking spaces above the maximum may be provided with Planning Board approval provided they are designed and designated with signage as specifically available for use by the general public as a shared parking area for adjacent or nearby properties or a park-and-ride system. Such public parking area must be no less than eight spaces, and must be made accessible to adjacent or nearby properties via a direct connection with sidewalks, crosswalks or other pedestrian access paths as approved by the Planning Board.

One curb cut/driveway at least eight feet wide, but no larger than 20 feet wide, for parking areas with five spaces or less;

One curb cut/driveway at least 10 feet wide, but no larger than 22 feet wide, for parking areas having six or more spaces;

Additional curb cuts/driveways may be granted only with approval by the Planning Board provided the applicant can show recent traffic data and alternate circulation patterns that would warrant it;

Curb cut radii should be no larger than 10 feet unless specifically required for truck access.

The parking lot perimeter landscape buffer shall consist of planting materials and structural features to create a minimum three-foot high visual relief screen in the form of a hedge, fence, planter box, berm, dividers, shrubbery, trees, or a combination thereof, or as deemed appropriate by the Planning Board.

The Planning Board encourages, and may require, any existing trees to remain and be incorporated into the parking lot design which would count towards the landscape requirements of this section.

If 30 or more consecutive spaces are proposed along a perimeter edge, a landscape perimeter island shall be provided in a central location and every 20 spaces thereafter. The landscape island shall be a minimum of two parking spaces in width and equal to the length of the proposed spaces. (For example, if 30 nine feet by 18 feet spaces are proposed, an island shall be provided at approximately 15 spaces that is 18 feet by 18 feet. If 40 spaces are proposed, an island shall be provided at approximately 20 spaces. If 60 spaces are proposed, two islands shall be provided approximately 20 spaces apart.)

Landscaped areas shall be a minimum of 600 square feet and shall not be less than 18 feet in width.

Landscaped areas shall be covered with trees, shrubs, or ground cover, to cover the ground within three years, so that not more than 50% of any landscaped area is covered by lawn.

Trees shall be provided in the landscaped area at a minimum of one tree for every 200 square feet.

Shading spaces/sun aspect. Sun aspect and angle shall be considered in the layout of parking areas and tree selections so that the maximum number of spaces are provided with shade.

Snow storage/removal. Areas for snow storage shall be indicated on the submitted site plan and/or landscape plan. These areas should be provided in such a way as to minimize damage to proposed vegetation. Snow storage space should be located on proposed pavement or perimeter landscaped areas, rather than internal landscaped areas. If internal landscaped areas are proposed to be used for snow storage, vegetation shall be selected and located in order to avoid damage.

Recommended layout options.

The following minimum landscape requirements are applicable to development in commercial, industrial, and business district, in particular the PPB, PDD, B-1, B-2, O, OC, OI, and CI Districts. These requirements pertain to the minimum area of greenspace, and the types of required on-site landscaping for the site.

Except for single- and two-family dwellings, prior to the issuance of any building permit, a plot and planting plan shall be submitted to and be approved by the Planning Board as described in § 57-72, Site plan review and approval procedure. No building permit in cases of greenspace reduction shall be issued unless the plot plan has been reviewed and certified by the Planning Board as complying with the provisions of this section.

All landscaping shall be installed in accordance with the plot plan as finally approved prior to issuance of a certificate of occupancy and shall be installed in accordance with accepted landscape practices within the area. In instances where conditions do not permit immediate planting, the applicant may be required to post a performance bond, or in lieu thereof, sufficient monies as described in site plan review and approval procedure.

A minimum of 25% of the developable area shall remain as greenspace. Greenspace is herein defined as areas free from built structures, parking lots, loading areas, covered by vegetation meeting the landscape requirements set out in this section.

The greenspace required under this section may not be made up of wetlands, streams, or slopes in excess of 15% unless their function and aesthetic quality is to be enhanced through design and planting efforts. Approval of said enhancements is to be left to the discretion of the Planning Board.

Buffers shall employ existing vegetation, nursery stock, fences, walls, earth berms or grade changes in accordance with these minimum standards.

Native vegetation; or

Trees, shrubbery, nursery plants with appropriate mulch; or

Any combination of the above.

Sod, lawn, or other variety of ground cover in combination with any of the above.[1]

A minimum of one tree for every 500 square feet of the required minimum internal landscaping shall be provided.

A minimum of 50% of the required internal landscaped area shall be covered by plant materials other than lawn such as trees, shrubs, and perennial/annual beds.

Deciduous shrubs: 24 inches spread or height or three-gallon container.

Evergreen shrubs: 18 inches spread or height or three-gallon container.

Coniferous trees: six feet height.

Ornamental and understory trees: 1.25 inches caliper.

Deciduous shade trees: 2.5 inches caliper.

Ground cover: 2.5 inches pot (or similar size if not provided in pots).

Purpose. Type I landscaping is intended to provide a very dense sight barrier to significantly separate uses and land use districts.

Description:

Purpose. Type II landscaping is intended to create a visual separation between uses and land use districts.

Description:

Purpose. Type III landscaping is intended to provide visual separation of compatible uses so as to soften the appearance of streets, parking areas, and building elevation.

Description:

Purpose. Type IV landscaping is intended to provide visual relief as well as visual interest along roadways and other public rights-of-way.

Description. Proposed landscaping along public streets shall include a mix of evergreens, deciduous trees and shrubs, lawn areas and perennial/annual beds meeting the following minimum standards:

The proposed landscaping represents a superior result than that which could be achieved by strictly following the requirements of this section; and

The proposed landscaping complies with the stated purpose and intent of the appropriate required level of landscaping; and

The proposed landscaping either:

Channel lettering or wall signs. Each commercial use is permitted one instance of applied channel lettering or a surface-mounted wall sign for each street frontage on a public road.

Projecting sign. Businesses are permitted one projecting sign (hung perpendicular to the building facade) in lieu of any facade-mounted channel lettering or wall sign. Businesses with a preexisting projecting sign in place at the date of adoption of this section are permitted to maintain a projecting sign in addition to any other permitted signs. Projecting signs shall be no larger than five square feet per side, with a minimum clearance of eight feet below.

Plaque sign. In addition to any other permitted sign, businesses are permitted one surface-mounted plaque sign per tenant which is no larger than one square feet in area, located near the primary building entry. An additional one square feet of plaque sign may be permitted to accommodate street address information and/or official building name. Individual plaque signs should be designed in matching style, though no more than three tenant plaque signs are permitted at a given entryway.

Directory sign. In lieu of a plaque sign, businesses are permitted a single surface-mounted directory sign for listing four or more tenants, located near the common building entry. Such directory must not exceed six square feet in area, although an additional one square feet may be permitted to accommodate street address information and/or official building name.

Window and door sign. In lieu of a facade-mounted sign, businesses are permitted a window sign or signs provided the total area of all window signs does not exceed 15% of the total window area of that facade. Temporary or permanent posters, notices, advertisements (not including hours of operation, street address and similar information) shall be counted toward the total amount of window sign area.

Window lettering. Businesses are permitted to use permanent painted, sandblasted or otherwise affixed window lettering in addition to any other permitted signs with color approval from the Planning Board. Maximum lettering sizes shall not exceed eight inches in height.

Street number. All properties are required to display their street number on the front facade next to or above the primary entry, or in a reasonably obvious location. Street numbers should be between six inches and 10 inches tall, and should contrast well with their background to be legible.

Within the B-2 District:

Within other commercial districts:

Home occupation sign. Home occupations in residential structures are permitted a single facade-mounted plaque sign as specified above, or a small freestanding pole sign which does not exceed three square feet in area each side and six feet in height, no closer than 15 feet from the road.

Temporary announcement sign. A single temporary promotional, special event or similar sign advertising an announcement is permitted no more than four times a calendar year for any commercial business, provided they are limited to a maximum of six square feet (each side), are located on the business premises and are displayed for no more than five consecutive days.

Awning sign. Text on pedestrian awnings is permitted in addition to other allowed signs provided that the text is limited to the business name, slogan and street address only. The text height must be located on the vertical front edge of the awning only and must not exceed six inches in height.

Menu sign. A wall-mounted menu sign is permitted adjacent to the main entry for restaurants and similar establishments in addition to other allowed signs, but in lieu of a plaque sign, provided that the total sign area does not exceed four square feet.

Off-premises directional signs for the convenience of the general public and for the purpose of directing persons to a business, activity, service or community facility may be erected in any zone, providing such sign does not exceed 10 square feet, in area, per establishment, nor total more than two such signs within the Town of East Greenbush per establishment. Text shall be limited to name or identification, arrow or direction, and distance. Advertising messages shall be prohibited. Such signs shall be limited to major and collector streets.

A temporary, nonilluminated real estate development or construction sign, for either commercial enterprises or residential subdivisions, denoting the architect, engineer and/or contractor, may be erected on property being sold, leased, or developed. Such sign shall not exceed 32 square feet in business and industrial districts nor 20 square feet in residential districts and shall be set back a minimum of 15 feet from the front property line. Such sign shall be permitted to be displayed during construction only for a period not to exceed 12 months and must be removed immediately upon completion of the project.

Signs or bulletin boards customarily incident to places of worship, libraries, museums, social clubs or societies may be erected on the premises of such institutions. One such sign or bulletin board not exceeding 40 square feet in total sign area may be erected for each entrance on a different street or highway.

For multiple dwellings or apartment development, one sign not exceeding 32 square feet in total sign area may be erected for each entrance on a different street or highway.

Recreational areas, day camps, golf clubs, ski areas, and other substantial facilities permitted in this chapter shall be permitted one sign, not exceeding 50 square feet in area.

Signs necessary for the identification, operation or production of a public utility, not exceeding 32 square feet in total sign area, may be erected on the premises of such public utility.

No portable or temporary sign shall be placed on the front or face of a building or on any premises, except as provided in this section.

A new business, or a business in a new location awaiting installation of a permanent sign, may utilize an otherwise conforming portable sign for a period of not more than 90 days or until installation of a permanent sign, whichever shall first occur. A permit for such portable sign shall be required. Such portable sign must meet all requirements of the building, electrical and other appropriate codes of the Town. If delay occurs that is clearly beyond the control of the applicant, such period may be extended at the discretion of the Code Enforcement Official.

If for any reason the property line is changed at some future date, a freestanding sign shall be relocated within 180 days to conform with the minimum setback requirements.

Approved by super majority vote (majority plus one) of the Planning Board.

The lettering or logo itself is the only portion of the sign which is translucent or illuminated while any remaining background or sign area is opaque and does not emit light.

The color of the lettering is soft or muted, complimenting or matching building colors and uniform throughout a property with multiple tenants.

All signs, including wall-mounted and projecting signs, shall be securely anchored and shall not swing or move in any manner.

All signs, finishes, support, and electric work shall be maintained clean, neatly painted, and free from all hazards such as, but not limited to, faulty wiring and loose supports, braces, guys and anchors.

In the event that building construction operation is arrested prior to completion of the building and the building permit thereof is allowed to expire, the premises shall be cleared of any rubbish, building materials, or other unsightly accumulations. Any excavation for a building basement, foundation, utility or otherwise of a depth greater than two feet below grade shall be filled and the topsoil replaced or all such excavations shall be entirely surrounded by a substantial fence at least six feet high that will effectively block access to the area. Where necessary, suitable gates will be installed and provided with locks. Such clearing, filling and/or fencing shall be completed not later than the expiration date of the building permit;

Activities shall comply with all requirements and conditions specified in the NYSDEC permit concerning setback from property boundaries and public rights-of-way, natural or other barriers to restrict access, dust control and hours of operation.

Activities shall comply with district regulations, area and bulk regulations, and Town-wide standards and with site plan and special use permit requirements, as well as other generally applicable sections of this chapter.

Reclamation requirements contained in the NYSDEC permit shall be fully met.

Application. An applicant for a special use permit or renewal shall obtain a current Mined Land Reclamation Program Applicant’s Guide or its equivalent, as may be amended from time to time, from NYSDEC and submit all the same required information to the Town of East Greenbush Planning Board. In addition, the application must be in accordance with Article III, § 57-55 (Special use permits) and § 57-72 (Site plan review and approval procedures) of this chapter. The Planning Board, at its discretion, may waive any application requirements.

Standards. The Planning Board, in considering special use permit approval, shall apply the same standards as those applied by the NYSDEC (as contained in the Mined Land Reclamation Program Applicant’s Guide) and may place conditions on approval as it may deem appropriate to the application, including setbacks from property boundaries and public rights-of way, natural or other barriers to restrict access, dust control, hours of operation and reclamation requirements. The Planning Board shall also apply the standards set forth in Article III, § 57-55 (Special use permits) of this chapter.

Excavation for soil mining. No rock crusher, cement plant or other crushing, grinding, polishing or cutting machinery or other physical or chemical process for treating the product of soil mining shall be permitted except in a Coastal Industrial (CI) District and governed by the performance standards of § 57-34.

Renewal, inspection and enforcement. Special use permits for excavation and mining shall be issued for a one-year period and may be renewed for additional one-year periods. Site inspections may be made by the Code Enforcement Official in accordance with the law, by Planning Board members and/or by such experts or official as the Planning Board may designate, as part of the special use permit application or renewal procedure herein. Permits shall be subject to revocation and/or penalties, as provided in Article IV of this chapter.

Revocation of special use permit, in the event of a violation of the conditions of a permit or of the requirements of this section. No permit renewal may be granted if an outstanding violation exists at the time of application for renewal for such permit. Any and all costs related to site inspections shall be charged back to the owner or operator of the site and shall be paid as a condition of special use permit approval by the Planning Board.

Final inspection, acceptance of the reclaimed site and final release of the financial security required in Subsection D(2)(h) below may not be earlier than two growing seasons following the end of mining operations and removal of equipment.

Insurance. A certificate of liability insurance, naming the Town as coinsured, shall be required by the applicant prior to issuance of the special use permit. The minimum liability coverage shall be in an amount established by the Town Board, or if not specified, shall be in a minimum amount of $1,000,000 for personal injury, including injury resulting in death, on the property. The liability coverage shall be maintained throughout the term of the permit.

Financial security. Financial security, such as a letter of credit or other form of security approved by the Town Board, sufficient to assure compliance with the reclamation conditions herein and to repair extraordinary damage resulting from the operation to Town roads or to upgrade such roads near the property access, shall be reviewed as a part of special use permit approval or renewal. If the Planning Board determines that the financial security shall be established or changed to reflect changes in the amount of disturbed acreage or to reflect changes in the cost of site reclamation or other costs omitted, the Planning Board shall make such recommendation, with an amount, to the Town Board. The Planning Board shall give special use permit approval only after notice of approval of the performance bond by the Town Board. Said bond shall not be released until the operator has complied with all standards and conditions of this chapter and the special use permit and a written release has been issued by the Town Board.

No more than two family members directly related to the owners of the principal residence; or

An on-premises caretaker to a family member living on the premises, such as a live-in nurse.

The person(s) who were approved for living in the accessory dwelling unit leave or are no longer living there: or

The principal residence is sold to new owners.

An adult use may not be operated within 500 feet of:

An adult use may not be operated within 250 feet of a residence.

An adult use may not be operated within 500 feet of another adult use or on the same lot or parcel of land.

An adult use may not be operated in the same building, structure or portion thereof containing another adult use.

The address of the premises.

The name and address of the owner(s) of the premises and the name and address of the beneficial owner(s) if the property is in a land trust.

The name of the business or the establishment subject to the provisions of this chapter.

The name, business and home address, business or home phone numbers of all owners of, the business or establishment subject to the provisions of this chapter.

The names, business and home addresses, business or home phone numbers of all those persons having a substantial connection with the business or establishment subject to the provisions of this chapter. A "substantial connection" shall be defined as, in a sole proprietorship, an individual who owns, operates, controls or conducts, directly or indirectly, any premises, building, or location upon, which any adult use takes place; in a partnership, limited or general, an individual who shares in any profits or losses of the business or who shares in the ownership of any of the assets of the partnership business; the establishment of a trust, gift or other similar legal device which transfers the ownership or control of a sexually orientated business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

The date of the initiation of the adult use.

The exact nature of the adult use.

If the premises or the building in which the business containing the adult use is located is leased, a copy of the lease.

A sketch site and/or building plan as applicable, providing sufficient information to permit the Board of Appeals to review compliance with the general standards discussed in Subsection A of this section; and

Payment of the applicable fee in accordance with the fee schedule established and annually reviewed by the Town Board.

By publishing at least 10 calendar days prior to the date thereof a legal notice in the official newspaper of the Town. The applicant shall be responsible for payment of this notice.

At least seven days prior to such public hearing, the Planning Board shall have sent by registered mail the notice of such hearing and an explanation of the special use permit sought, to all property owners within 200 feet of the subject property. Such notices shall be sent to the last-known address as shown by the most recent Town tax records. The applicant shall be responsible for costs associated with property owner notifications issued in accordance with this section.

If the land involved in the application lies within 500 feet of the boundary of any other municipality, the Secretary of the Board shall also submit at least 10 calendar days prior to the public hearing to the Municipal Clerk of such other municipality or municipalities a copy of the notice of the substance of every application, together with a copy of the official notice of such public hearing.

At least 30 calendar days prior to the hearing, the Board of Appeals shall transmit to the Planning Board a copy of the special use permit application and request an advisory opinion thereon from the Planning Board. The failure of the Planning Board to submit an advisory opinion shall be interpreted as a recommendation that the special use permit be granted.

A full statement of any application that meets the referral requirements of § 239(1) and (m) of the General Municipal Law shall also be referred prior to the public hearing to the Rensselaer County Bureau of Economic Development and Planning.

No action shall be taken by the Board on such application until an advisory recommendation has been received from said Bureau and 30 calendar days have elapsed since the Bureau received such full statement.

Roof-mounted solar energy systems that primarily use the electricity on-site are permitted as an accessory use in all zoning districts when attached to any lawfully permitted building or structure.

Building permits shall be required for the installation of all roof-mounted solar energy systems.

Height of solar energy systems shall not exceed the maximum height restrictions of the zoning district within which they are located and are provided the same height exemptions granted to building-mounted mechanical devices or equipment.

Aesthetics. Roof-mounted solar energy system installations shall incorporate the following design requirements:

Roof-mounted solar energy systems that use the energy on-site and are installed parallel to the underlying roof shall be exempt from site plan review under this chapter or other land use regulations but shall meet the conditions stated within this section.

Ground-mounted solar energy systems that use the electricity primarily on-site and are no larger than 160 square feet are permitted as accessory structures in all districts.

Ground-mounted solar energy systems that use the electricity primarily on-site and are larger than 160 square feet require a special use permit in all districts. These systems shall be screened from the view of neighboring properties.

Building permits shall be required for the installation of all ground-mounted solar energy systems.

Ground-mounted solar energy systems when oriented at a maximum vertical tilt shall be no higher than eight feet in residential districts and 15 feet in other districts.

All components of ground-mounted solar energy systems of 160 square feet or less shall comply with the setback requirements of accessory structures in the underlying zoning district. All other ground-mounted solar energy systems shall comply with the setback requirements established for a primary structure.

Lot coverage. Systems are limited to 10%. The surface area covered by ground-mounted solar panels shall be included in total lot coverage.

All such systems in residential districts shall be installed in the side or rear yards. Installation in any front yard is prohibited. When mounted in a side yard, the system shall be screened from any adjacent street or neighboring property by a solid fence or sufficient landscaping to shield the installation from view.

Ground-mounted solar energy systems that use the electricity primarily on-site and are no larger than 160 square feet shall be exempt from site plan review under this chapter or other land use regulations.

The location of the solar energy system meets all applicable setback requirements of the zone in which they are located.

The height of the ground-mounted solar energy equipment shall not exceed 17 feet at its highest operating position.

The total surface area of all solar panels on the lot shall not exceed 4,000 square feet and shall not exceed 5% lot coverage.

The solar energy equipment is located in a side or rear yard.

Solar energy equipment shall be designed and located in a way so as to prevent reflective glare toward any inhabited buildings on adjacent properties, roads or from impacting aircraft flight path as provided in Federal Aviation Administration guidance.

Where site plan approval is required elsewhere in the regulations of the Town for a development or activity, the site plan review shall include review of the adequacy, location, arrangement, size, design, and general site compatibility of proposed solar energy systems.

If a solar energy system is in disrepair or ceases to generate solar energy for more than nine consecutive months, the property owner shall remove the solar energy equipment within 90 days after the end of the nine-month period. In the discretion of the Town, the involved party or parties may be required to post a bond to secure performance under this subsection.

Portable solar array (e.g., flower) units with a total panel surface area of 100 square feet or greater must adhere to the same guidelines as ground-mounted minor solar energy systems.

Tier 1 and Tier 2 large-scale solar energy systems are permitted with a special use permit in all districts, as a principal use or as an accessory use, provided that the large-scale solar energy system occupies underutilized previously developed and/or disturbed land.

For the purposes of defining large-scale solar energy system use subtypes, the total area of the large-scale solar energy system site, which can encompass one or more parcels, shall be determinative where a large-scale solar energy system crosses zoning districts and/or municipal boundaries.

A building permit shall be required for installation of all large-scale solar energy systems.

All solar energy system installations must be performed in accordance with applicable electrical and building codes, the manufacturer's installation instructions, and industry standards. Prior to operation, the electrical connections must be inspected by the Town Building Inspector and/or by an appropriate electrical inspection person or agency, as determined by the Town. In addition, any connection to the public utility grid must be approved and inspected by the appropriate utility provider.

The operator shall notify the Town Building Inspector and the responding fire department at least three business days prior to the initial energization of the solar energy system. Following such notification, the Town Building Inspector, or their designee, shall be permitted by the operator to be present for the initial energization of the solar energy system. Failure to comply with the requirements this subsection shall constitute a violation of the building permit.

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 responding fire department(s).

The solar energy system installer shall comply with all licensing and other requirements of the jurisdiction and the state, as determined by the Building Inspector.

When a battery energy storage system is included as part of the solar energy system it must be installed to meet the requirements of the NYS Building Code and the Town's battery energy storage system local law.[1]

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

First, the issuance of a special use permit from the Planning Board complying with the specific standards for special use permits set forth in Subsection G(5)(d), below, followed by;

Approval of a site plan in accordance with Section § 57-72 of this chapter that meets the site plan standards set forth in Subsection G(5)(d), below, and in § 57-72 of this chapter, and obtaining all other necessary approvals. Large-scale solar energy system applications shall be considered a major site plan.

Permit application. In addition to the requirements for site development plan review of § 57-72 of this chapter, the application for a solar energy system shall consist of one paper copy, unless otherwise required by the Planning Board, and an electronic (digital) filing that contains at least the following:

Solar energy system application review escrow account, application fee, and reimbursement for Town oversight expenses.

Site plan approval design standards. In addition to site plan requirements under § 57-72 of this chapter, prior to issuance of final site plan approval by the Town for a solar energy system, the following requirements shall be met:

Standards for Planning Board's large-scale solar energy system special use permit application decision. In addition to the site plan approval standards of § 57-55, Special use permits, of this chapter, approval of the special use permit application requires that the Planning Board find:

The large-scale solar energy system approval shall include appropriate conditions to mitigate adverse impacts of the solar energy system, including, but not limited to:

Modification of requirements for large-scale solar energy systems. Except as provided for in Subsection B of this section, where the Planning Board finds that a proposed large-scale solar energy system would comply with the spirit of Subsection G(5), or that compliance with Subsection G(5) would cause unusual hardship or extraordinary difficulties because of exceptional and unique conditions of topography, access, location, shape, size, drainage or other physical features of the site, the minimum requirements of Subsection G(5) may be modified by specific resolution of the Planning Board to mitigate the hardship, provided that the public interest is protected and the development is in keeping with the general spirit and intent of Subsection G(5) and other Town requirements. Any such modification of specific requirements stated within Subsection G(5), except for modifications solely related to procedure, shall be preceded by recommendation to, and concurrence by, the Town Board.

Modification and/or waiver of requirements for large-scale solar energy system as co-use. The Planning Board may upon making findings of fact as to their specific applicability to a proposed co-use large-scale solar energy system, modify and/or waive the requirements of this section. Said findings of fact shall include, but not be limited to, discussion of the proposal in relation to the requirements of this section with regard to the nature of the site, the neighborhood in which the site is located, the degree to which the co-use large-scale solar energy system promotes the purpose and intent of this chapter, and other relevant information used in making its determination. The intent of this provision is to provide a more streamlined process for co-use large-scale solar energy systems.

Security for decommissioning.

Decommissioning and removal.

Permit time frame. The special use permit and site plan approval for a solar energy 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 has not commenced in accordance with the final site plan, as may have been amended and approved, as required by the Town Board and/or the Planning Board, the Town Board may extend the time to complete construction for up to two consecutive extensions each of 12 months. If the owner and/or operator fails to commence construction and/or obtain a building permit after 48 months, the approvals shall expire. If the owner or operator fails to perform substantial construction within 36 months of commencement of construction, the Town may notify the owner or operator to implement the decommissioning plan. In such instance, the decommissioning plan must be completed within 150 days of notification by the Town.

Upon notification by the operator, made to the Building Inspector by certified mail, of the proposed date of discontinued operation of the solar energy system, or by cessation of activity of a constructed facility for a period of one year, the Town may notify the operator that the operator must implement the decommissioning plan within 150 days.

If the owner or operator of the facility fails to fully implement the decommissioning plan within the required time frame, the Town may, at its discretion, implement the decommissioning plan and may recover all of the expenses incurred for such activities from the defaulted owner or operator, or, at the Town's sole discretion, from any financial security made with the Town as set forth herein. The operator and the owner of the real property on which the solar energy system is located shall be jointly and separately liable for all costs and expenses of the Town incurred during and relating to the removal of the solar energy system pursuant to the decommissioning plan. Notwithstanding the foregoing, the Town shall first attempt to secure payment for such costs and expenses from the security made with the Town as set forth herein. In the event the costs incurred by the Town to implement the decommissioning plan are not obtained from the security, the Town shall next attempt to secure payment for such costs and expenses from the operator; however, in the event the Town is not made whole following reasonable attempts to collect such costs and expenses from the operator of the installation, the Town reserves all rights to pursue payment for such costs and expenses from the owner of the real property on which the installation in question is located. Such costs shall be assessed against the property, shall become a lien and tax upon the property, and shall be enforced and collected with interest by the same officer and in the same manner as other taxes. Legal counsel of the Town shall institute appropriate action for the recovery of such cost, plus attorney's fees, including, but not limited to filing of municipal claims pursuant to the cost of such work, 9% interest per annum, plus a penalty of 9% of the amount due plus attorney's fees and costs incurred by the Town for the removal work and filing the claim.

With the consent of the owner, the Building Inspector, with the concurrence from the Town Engineer and the Planning Board, may allow the operator to implement the decommissioning plan while allowing the landscaping to remain.

If a building-mounted large-scale solar energy system is to be installed on any building or structure that is nonconforming because its height violates the height restrictions of the zoning district in which it is located, the building-mounted system may be permitted, so long as the building-mounted system does not extend above the peak or highest point of the roof to which it is mounted and so long as it complies with the other provisions of this section.

If a building-mounted large-scale solar energy system is to be installed on a building or structure on a nonconforming property that does not meet the minimum setbacks required and/or exceeds the lot coverage limits for the zoning district in which it is located, a building-mounted system shall be permitted, so long as there is no expansion of any setback or lot coverage nonconformity and so long as it complies with the other provisions of this section.

If the operator changes, the special use permit and/or site plan approval shall remain in effect, provided that the successor operator assumes in writing all of the obligations of the special use permit, site plan approval, and decommissioning plan. The new operator shall notify the Building Inspector and the Town Board of such change within 30 days of the change. The new operator must provide such notification to the Building Inspector and the Town Board in writing. The special use permit and all other local approvals for the solar energy system shall become void if a new operator fails to provide written notification to the Building Inspector in the required time frame. Reinstatement of a void special use permit will be subject to the same review and approval processes for new applications under this chapter.

Where the large-scale solar energy system is designed, installed, and operated so that the anticipated annual total amounts of electrical energy generated exceed the anticipated annual total electricity consumed on the property by more than 110%, the operator shall be required to enter into an agreement for a payment in lieu of taxes (PILOT) with the Town pursuant to Real Property Tax Law § 487. This PILOT agreement shall be drafted by the Town Attorney in consultation with the Town Assessor and Town Supervisor.

No building permit shall be issued or construction commenced for a solar energy system requiring a PILOT until such time as the PILOT agreement has been executed by all parties and recorded at the office of the Rensselaer County Clerk.

The PILOT shall run to the benefit of the Town of East Greenbush and be executed by the operator and the owners of the real property upon which the solar energy system is to be located and such signatures by notarized in such a way that allows the PILOT agreement to be recorded at the office of the Rensselaer County Clerk. Prior to commencement of construction, the PILOT agreement shall be recorded at the office of the Rensselaer County Clerk as a lien on the property and indexed against the property/properties upon which the solar energy system is to be constructed. The intent of the above provisions is so that should the operator of the solar energy system default with regard to such PILOT agreement, that such obligation will become the responsibility of the then owner of the property upon which the solar energy system is sited and that failure to satisfy the terms of such agreement will permit the Town of East Greenbush to enforce such agreement as against the owner.

Community host agreement. Prior to issuance of a building permit for the solar energy system, the operator for which a large-scale solar energy system with a nameplate capacity of over one MW is to be developed shall enter into a community host agreement with the Town for payment by the operator to the Town of an agreed upon monetary amount or provision of a specific public improvement or improvements that shall act to offset the potential adverse impacts that may be associated with a solar energy system.

Promoting and managing new development in the Town's rural areas to protect resources and unique rural identity, create new places, and balance cost of providing public services;

Ensuring growth occurs in a manner that preserves the quality of life and character of the community;

Preserving and enhancing the character of existing neighborhoods and historic hamlets;

Preserving and protecting key natural resources as well as protecting farmland and supporting an agricultural economy;

Ensuring the availability of public facilities, infrastructure and services that adequately serve the present and future needs of East Greenbush;

Utilize energy efficient and renewable energy technologies and attract alternative energy solutions to reduce greenhouse gas emissions.

Contain or are otherwise associated with a battery energy storage system; and

Subject to the Uniform Code and/or the Energy Code, shall be designed, erected, and installed in accordance with all applicable provisions of the Uniform Code, 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.

The height of the ground-mounted Tier 1 battery energy storage system and any mounts shall not exceed 15 feet.

The total surface area of the ground-mounted Tier 1 battery energy storage system on the lot shall not exceed 5% lot coverage.

The ground-mounted Tier 1 battery energy storage system is not the primary use of the property.

The ground-mounted Tier 1 battery energy storage system is located in a side or rear yard.

The ground-mounted Tier 1 battery energy storage system shall comply with the minimum setbacks for accessory structures applicable to the zoning district in which the battery energy storage system is sited.

The ground-mounted Tier 1 battery energy storage system shall be screened from adjacent residences through the use of architectural features, earth berms, landscaping, or other screening which will harmonize with the character of the property and surrounding area.

Compliance with all applicable provisions of the Uniform Code and all applicable provisions of the Energy Code;

Matters relating to the proposed battery energy storage system and floodplain, utility lines and electrical circuitry, signage, lighting, vegetation and tree-cutting, noise, decommissioning, site plan and development, special use and development, ownership changes, safety, and permit time frame and abandonment; and

Section 57-55, Special use permits, of this chapter.

A three-line electrical diagram detailing the battery energy storage system layout, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and over current devices.

A preliminary equipment specification sheet that documents the proposed battery energy storage system components, inverters and associated electrical equipment that are to be installed. A final equipment specification sheet shall be submitted prior to the issuance of building permit.

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

Signage plan, screening and buffering plan, and lighting plan.

Visual impact assessment. The applicant shall provide narrative, images, renderings, maps, and other materials to assist the Planning Board in determining potential visual impacts associated with the battery energy storage system. The visual impact assessment materials shall generally conform to NYSDEC Program Policy for Assessing and Mitigating Visual Impacts, in the discretion of the Planning Board.

Commissioning plan. Such plan shall document and verify that the system and its associated controls and safety systems are in proper working condition per requirements set forth in the Uniform Code. Where commissioning is required by the Uniform Code, Battery energy storage system commissioning shall be conducted by a New York State (NYS) licensed professional engineer after the installation is complete but prior to final inspection and approval. A corrective action plan shall be developed for any open or continuing issues that are allowed to be continued after commissioning. A report describing the results of the system commissioning and including the results of the initial acceptance testing required in the Uniform Code shall be provided to Building Inspector prior to final inspection and approval and maintained at an approved on-site location.

Fire safety compliance plan. Such plan shall document and verify that the system and its associated controls and safety systems are in compliance with the Uniform Code.

Operation and maintenance manual. Such plan shall describe continuing battery energy storage system maintenance and property upkeep, including any required vegetative screening and vegetative buffering, as well as design, construction, installation, testing and commissioning information and shall meet all requirements set forth in the Uniform Code.

Compliance with Chapter 54, Article II, Erosion and Sediment Control, and NYSDEC requirements for stormwater management.

Prior to the issuance of final approval, but not required as part of the application, engineering documents must be signed and sealed by a NYS licensed professional engineer.

Emergency operations plan. A copy of the approved emergency operations plan shall be given to the system owner, the local fire department, and local fire code official. A permanent copy shall also be placed in an approved location to be accessible to facility personnel, fire code officials, and emergency responders. The emergency operations plan shall include the following information.

Protects adjacent land uses;

Has views minimized from adjacent properties to the extent reasonably practicable using architectural features, earth berms, landscaping, or other screening methods that will harmonize with the character of the property and surrounding area and not interfering with ventilation or exhaust ports; and

Will not adversely affect the neighborhood.

Utility lines and electrical circuitry. All on-site utility lines shall be placed underground to the extent feasible and as permitted by the utility provider.

Signage.

Lighting. Lighting of the battery energy storage systems shall be limited to that minimally required for safety and security purposes only. The lighting design should incorporate lighting that is motion-sensor controlled, fully shielded, and downward casting, and full cutoff fixtures (dark sky compliant). Use of floodlights is discouraged. Lighting of other parts of the battery energy storage systems, such as appurtenant structures, shall be limited to that only required for safety and operational purposes.

Vegetation and tree-cutting. Areas on each side of Tier 2 battery energy storage systems shall be cleared of combustible vegetation and other combustible growth. Cleared areas shall be only as needed for safety, security, and operational purposes and should not exceed 10 feet on each side. Single specimens of trees, shrubbery, or cultivated ground cover such as green grass, ivy, succulents, or similar plants used as ground covers shall be permitted to be exempt provided that they do not form a means of readily transmitting fire. Removal of trees should be minimized to the maximum extent practical. Clear-cutting of all native and noninvasive trees in a single contiguous area exceeding 20,000 square feet shall be prohibited except where the Tier 2 battery energy storage system is co-located with a large scale solar energy system approved to clear cut greater than 20,000 square feet. Forested sites shall not be deforested to construct a Tier 2 battery energy storage system.

Security. Buildings must be protected from vehicle impact, including, but not limited to, protection provided by bollards.

Secondary containment. To the extent permitted under Uniform Code, secondary containment shall be provided to contain any release of electrolyte or other hazardous materials.

Noise. Noise levels from noise sources of battery energy storage systems will comply with the noise limits for substation and solar energy facilities contained in the New York Office of Renewable Energy Siting regulations at 19 NYCRR 900-6.5(b) by implementing the designed required by 19 NYCRR 900-2.8 except that the standards applicable to existing nonparticipating residences shall also be met for existing participating residences.

Fencing requirements. Tier 2 battery energy storage systems, including all mechanical equipment, shall be enclosed by a fence with a minimum height of six feet and maximum height of eight feet, or of a height as otherwise required by the National Electric Code, with a self-locking gate to prevent unauthorized access unless housed in a dedicated-use building. The type and design of fencing shall be determined during site plan review. To the maximum extent practical, fencing shall allow for wildlife passage. The requirements of this section supersede other fencing requirements contained in this chapter.

Height. Tier 2 battery energy storage systems shall not exceed 15 feet in height.

Setbacks. Tier 2 battery energy storage systems shall comply with the setback requirements of the underlying zoning district for principal structures. Tier 2 battery energy storage systems shall be prohibited from the required setback areas of large-scale solar energy systems where such systems are co-located on a site.

Lot coverage. The battery energy storage system shall be included in calculating maximum permitted building coverage for the applicable zoning district. Lot coverage shall mean the area formed by outermost perimeter of the footprint of all of the equipment and battery storage units including the clearance spaces between the individual equipment.

Screening and visibility. A screening and landscaping plan prepared by a licensed landscape architect shall be provided. The screening and landscaping plan should demonstrate that the landscaped buffer will provide year-round screening so that to the maximum extent practicable the battery energy storage system is not visible from roadways and adjacent nonparticipating properties. In lieu of plantings, berms or existing vegetation may be used to satisfy all or a portion of the required landscaped screening. If the buffer utilizes vegetative planting, the plantings shall consist of evergreen trees or bushes as recommended by the landscape architect, planted no more than eight feet apart and at least four feet tall at time of planting. The Planning Board may require financial security for the maintenance of the landscaping plantings.

Prior to the issuance of a building permit, the operator shall provide a copy of all necessary titles to or leasehold interests in the facility, including ingress and egress access to public streets, and such deeds, easements, leases, licenses, or other real property rights or privileges as are necessary for all interconnections for the facility.

The operator shall identify a responsible person with contact information for public inquiries from the commencement of construction of the battery energy storage system until the completion of the decommissioning plan.

The operator is responsible to provide the Town of East Greenbush with a current written list of all chemicals used for maintenance and operation of the battery energy storage system (e.g., pesticides, herbicides, cleaners). This list shall include quantity and frequency of application of each of these chemicals.

The operator shall secure and maintain public liability insurance from the commencement of construction of the battery energy storage system until the completion of the decommissioning plan, subject to the approval of the Town Attorney.

A narrative description of the activities to be accomplished, including who and/or what entity will perform that activity and at what point in time, for complete physical removal of all battery energy storage system components, structures, equipment, security barriers, and transmission lines from the site;

Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations;

The anticipated life of the battery energy storage system;

The estimated decommissioning costs and how said estimate was determined;

The method of ensuring that funds will be available for decommissioning and restoration;

The method by which the decommissioning cost will be kept current;

The manner in which the site will be restored, including a description of how any changes to the surrounding areas and other systems adjacent to the battery energy storage system, such as, but not limited to, structural elements, building penetrations, means of egress, and required fire detection suppression systems, will be protected during decommissioning and confirmed as being acceptable after the system is removed; and

A listing of any contingencies for removing an intact operational energy storage system from service, and for removing an energy storage system from service that has been damaged by a fire or other event.

All costs of the financial security shall be borne by the applicant. The owner shall place with the Town an acceptable letter of credit, performance bond, or other form of security reasonably acceptable to the Town Attorney and Engineer that is sufficient to cover the cost of implementing the approved decommissioning plan. The amount of the letter of credit or other security shall be in the amount of 150% of the estimated cost of implementing the decommissioning plan. The estimated cost of implementing the decommissioning plan will be certified by a licensed professional engineer and reviewed by the Town Engineer. The salvage value of the battery energy storage system equipment shall not be accounted for in the estimated cost of implementing the decommissioning plan. The financial security shall be updated every fifth year thereafter specifying changes to the estimated cost of implementing the decommissioning plan.

The Town shall use this surety to assure the faithful performance of the decommissioning plan. The full amount of the bond or security shall remain in full force and effect until the decommissioning plan has been fully implemented.

The surety for implementing the decommissioning plan shall not be released until the Town Engineer has confirmed that the approved decommissioning plan has been fully implemented.

UL 1973 (Standard for Batteries for Use in Stationary, Vehicle Auxiliary Power and Light Electric Rail Applications);

UL 1642 (Standard for Lithium Batteries);

UL 1741 or UL 62109 (Inverters and Power Converters);

Certified under the applicable electrical, building, and fire prevention codes as required.

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.