Grand Island City Zoning Code
ARTICLE XXX
Supplemental Regulations
§ 407-141 Purpose.
The supplemental regulations consider the unique characteristics of each use and the potential impacts they may have on the community and its residents. Said regulations are in addition to the regulations of the underlying district.
§ 407-142 Accessory uses and structures.
[Amended 12-18-2017 by L.L. No. 5-2017; 6-6-2022 by L.L. No. 3-2022]
A.
All detached accessory uses and structures shall observe the applicable front and side yard requirements applicable to principal buildings in the district. The rear yard requirements for all detached accessory uses and structures shall be the same as the applicable side yard requirements for principal buildings in the district. Additionally, in any case, the setback distance for an accessory storage structure from the rear and side yard lot lines shall be equal to or greater than the height of the accessory storage structure.
B.
There shall be no more than two accessory buildings per lot allowed in any residential district.
C.
Notwithstanding any provision of the Town Code to the contrary, the following requirements are applicable to accessory storage structures in R1 districts that are required to obtain a building permit in accordance with § 125-5 of the Town Code:
(1)
The following aggregate floor area shall not be exceeded for any accessory storage structure(s), regardless of how many structures are proposed:
Zoning District | Maximum floor area (in square feet) |
|---|---|
R1-A | 1,700 |
R1-B | 1,400 |
R1-C | 1,200 |
R1-D | 1,200 |
R1-E | 800 |
(2)
No accessory storage structure shall exceed the following height limitations:
Zoning District | Maximum height (in feet) |
|---|---|
R1-A | 21 |
R1-B | 18 |
R1-C | 18 |
R1-D | 16 |
R1-E | 16 |
D.
No accessory use or structure or riverside accessory use or structure shall be allowed unless a principal use or structure already exists on the lot. However, business accessory uses that otherwise comply with the requirements applicable to accessory structures and uses generally, as set forth in § 407-142A, B, and C shall be permitted on lots that are contiguous lots to the lot with a principal use or structure, provided the contiguous lots are part of a common operational scheme and receive site plan approval together.
E.
In the event the provisions as stated in this section cannot be strictly adhered to and an area variance is granted to an applicant pursuant to § 407-188, prior to obtaining a building permit, the applicant shall submit a drainage plan prepared in accordance with § 407-109A(16), subject to review and approval by the Town Engineer.
F.
A detached accessory structure constructed on a residential lot shall have exterior finishes similar and use colors as close as practicable to those of the existing principal structure.
G.
An accessory structure with exterior lighting on the building will be required to install dark sky compliant light fixtures at a height not to exceed 12 feet from the finished grade level.
§ 407-143 Adult uses.
A.
It has been acknowledged by communities across the nation that state and local governments have a special concern in regulating the operation of such businesses under their jurisdiction to ensure that these adverse secondary effects will not contribute to the blighting or downgrading of adjacent neighborhoods nor endanger the well-being of the youth in their communities. The special regulations deemed necessary to control the undesirable secondary effects arising from these enterprises are set forth below.
B.
The primary purpose of these controls and regulations is to preserve the integrity and character of residential neighborhoods and important natural and human resources of the Town of Grand Island, to deter the spread of blight and to protect minors from objectionable characteristics of these adult uses by restricting their proximity to houses of worship, schools, parks, historic and scenic resources, civic and cultural facilities and residential areas.
C.
The operation of adult uses may have serious operational characteristics and damaging effects upon their surroundings as a result of their siting and concentration within the facilities. Special regulations pertaining to these uses are necessary to ensure adverse effects will not contribute to the blighting/downgrading of the surrounding neighborhood. These regulations will help ensure that adverse effects on the public health, safety, morals, comfort, convenience and general welfare are mitigated.
D.
The development and proliferation of adult uses without regulation as to siting and concentration may result in the deterioration of residential and business neighborhoods. If placed near schools and other youth-related facilities, adult uses may adversely impact upon the welfare and morals of minors residing within the Town of Grand Island.
(1)
Location of adult uses. The following provisions shall apply to the location of adult uses:
(a)
Adult uses shall be permitted in the M-2 District on approval of a special use permit.
(b)
No adult use shall be permitted within 750 feet of the following:
[1]
The boundary line of a Residential District.
[2]
A school or nursery school.
[3]
Religious institution or house of worship.
[4]
A public or private park, playground or public recreation facility; this distance shall be 300 feet for recreational trails.
[5]
Historic or scenic resource, civic or cultural facility.
(c)
For measurement purpose, the distance between an adult use and any such other named uses shall be measured in a straight line without regard to intervening structures or objects from the closest structural wall of such adult use to the boundary line of such residential district, school, nursery school, religious institution, house of worship, public park, playground or public recreational facility, historic or scenic resource, civic or cultural facility.
(d)
Not more than one adult use shall be located in the same building or upon the same lot or parcel of land.
(e)
No adult use shall be located within a one-thousand-foot radius of another adult use.
(f)
All building openings, including doors and windows, shall be coated, covered or screened in such a manner as to prevent a view into the establishment from any public street, sidewalk or parking area.
(g)
No loudspeakers or sound equipment shall be used by adult uses that can be heard by the public from outside the establishment.
(h)
As a condition of approval of any adult use, there shall be a restriction that no person under the age of 18 years shall be permitted into or on the premises.
(2)
Additional sign requirements. In addition to the sign requirements of Town Code Chapter 295, the following provisions shall apply to signs erected or maintained in connection with an adult bookstore or an adult motion-picture theater:
(a)
No off-site signs shall be permitted.
(b)
Advertisements, displays or promotional materials shall not be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways or from other areas public or semipublic, and such displays shall be considered signs.
(c)
Not more than one business wall sign shall be permitted for an adult use and such sign shall be permitted only on the front facade.
(d)
Sign messages shall be generic in nature, shall not contain advertising material and shall only identify the business that is being conducted.
(e)
Such sign shall be reviewed by the Town Board in conjunction with the special use application and shall conform to all signage requirements of this Zoning Code.
(3)
Restrictions cumulative. The restrictions set forth in this section are in addition to any other applicable provision of this section. In the event of any conflict between any such provisions, the more restrictive shall apply.
§ 407-144 Agricultural animals.
[Amended 10-15-2012 by L.L. No. 3-2012; 9-16-2015 by L.L. No. 8-2015]
The keeping for noncommercial purposes of up to 10 agricultural animals may be permitted with an agricultural animal permit in the R-1A District and with an agricultural animal special use permit in R-1B and R-1C and R-1D Districts, provided that:
A.
The lot has a minimum width of 100 feet and a minimum lot area of two acres for the first agricultural animal and additional area of one acre for each additional agricultural animal.
B.
The barn, coop, or other animal housing structure, and any grazing or feeding area, is to be located at least 200 feet from any neighboring residence and at least 100 feet from the applicant's personal residence.
C.
The barn, coop, or other animal housing structure is to be located at least 25 feet from any lot line. Manure and other waste or excretion accumulation on such premises or in a structure shall not be kept in an unsightly or unsanitary manner. The waste shall be properly disposed of so as not to create odors that disturb occupants of adjoining properties. Nothing in this provision shall authorize on-site disposal of waste of any animals not resident on the zoning lot.
D.
Such uses shall be inspected no less than annually.
E.
Annual agricultural animal permits shall be issued by a Code Enforcement Officer, or any officer designated by the Town Board, upon demonstration that the property to be used meets the requirements of this section.
F.
Agricultural animal permits and agricultural animal special use permits shall be issued for a period of one year and may be renewed annually. If no animals are brought onto the property within one year of the permit issuance, the permit will expire and a new permit, under the then existing regulations, must be obtained.
G.
Upon receipt of an application for either a new agricultural animal special use permit in R-1B and R-1C and R-1D Districts, or an increase in the number of animals, adjoining property owners shall be notified of the application and public hearing date.
§ 407-144.1 Keeping of chickens.
[Added 10-4-2021 by L.L. No. 7-2021]
The keeping of domesticated chickens in R1-A through E residential districts shall be allowed under the following terms and conditions:
A.
Before keeping any chickens, one must obtain a chicken permit from the Town.
B.
Annual chicken permits shall be issued by a Code Enforcement Officer, or any officer designated by the Town Board, upon demonstration that the property to be used meets the requirements of this section. The fee for such permit shall be determined by the Town Board.
C.
Chicken permits shall be issued for a period of one year and may be renewed annually. If no animals are brought onto the property within one year of the permit issuance, the permit will expire and a new permit, under the then-existing regulations, must be obtained.
D.
A maximum of six chickens shall be allowed on lots 20,000 square feet and smaller. For lots larger than 20,000 square feet, one additional chicken shall be allowed for every additional 2,800 square feet in excess of 20,000 square feet.[1] The maximum number of chickens allowed for any particular property shall be indicated on each chicken permit issued pursuant to this section. Any person who desires to keep any number of chickens that exceeds what is permitted under this section must petition the Town Board for approval of an agricultural animal special use permit in accordance with Article XXV of this chapter.
[1]
For reference purposes only, one acre equals 43,560 square feet. So 20,000 square feet is slightly smaller than one half acre. Lots this size and smaller are sufficiently sized to keep up to six chickens. For larger lots, additional chickens are permitted at the rate of one per 2,800 square feet after the first 20,000. This yields approximately 14 chickens for the first full acre of property and 15.5 chickens for each full acre of property thereafter.
E.
There shall be no outside slaughtering of chickens.
F.
Chickens shall be restricted to the rear or backyard of any lot in a residential district or the rear or backyard of a residential use in all other zoning districts.
G.
Chickens shall be provided with sufficient, good, and wholesome food and water. Feed shall be stored in rat-proof containers.
H.
All chickens shall have a coop/roost that is constructed with a minimum area of three square feet per chicken and during daylight hours, chickens shall have access to a secure enclosure/yard that is adequately fenced to protect them from predators. The coop/roost shall be kept in the rear yard and is not permitted in the side or front yard area. Chickens are not allowed on property other than the owners without written permission from that property owner.
I.
The coop/roost structure shall not be located closer than 25 feet to any residential structure on an adjacent lot and shall meet the principle building setbacks of the underlying zoning district.
J.
The coop/roost structure shall be well ventilated and provide protection from the weather and predators. The coop/roost area must be kept in a neat and sanitary condition at all times and must be cleaned on a regular basis so as to prevent offensive odors, attraction of flies or vermin, the creation of an environment otherwise injurious to the public health and safety, or that would obstruct the free use of property so as to interfere with the comfortable enjoyment of life or property by members of the neighborhood, Town, or other persons. The owner shall provide for the storage and removal of manure. Stored manure to be used for composting shall be fully covered or placed in an enclosed container. All manure not used for composting or fertilizing shall be removed and properly disposed.
K.
Illegal chickens currently existing in the Town shall not be "grandfathered" or permitted to remain after the effective date of this section. Property owners keeping chickens illegally are required to secure a proper permit in accordance with this section.
L.
The Town may further restrict or prohibit the keeping of chickens within residential districts, within a neighborhood, or on a particular property if the Town Board determines that the chickens have created a public nuisance or public health issue.
M.
For any person holding a chicken permit for the keeping of chickens pursuant to this section, inspections may be carried out at the discretion of the Code Enforcement Office or designee, or upon complaint by the public or Town officials where appropriate, and in accordance with applicable law.
§ 407-145 Agricultural uses.
Agricultural uses:
A.
Shall be conducted on a minimum three-acre lot,
B.
Shall not store any material or substance of any kind which causes or is likely to cause offensive or noxious odors less than 100 feet from any lot line or 200 feet from any neighboring residence, and
C.
Shall not create a nuisance by reason of dust, fumes, smoke, odor, insects, rodents or otherwise adversely affect the public health or safety.
§ 407-146 Boathouses and docking facilities.
Facilities included in this section include any dock, pier, ramp or berth for vessels, or boathouse, or a boat hoist which is located in or attached to a residentially zoned upland or shoreline area.
A.
Boathouses and docking facilities in residential districts shall be limited to those required to accommodate a maximum of three boats, which may include power-operated boats and nonpower craft such as rowboats, sailboats and canoes. Such facilities shall be limited to 16 feet or one story in height from mean high water level.
[Amended 5-17-2010 by L.L. No. 5-2010]
B.
Such boathouses and docking facilities shall not be used for commercial or income purposes.
C.
Where a riverside lot cannot, due to space limitations, accommodate a principal use as well as riverside accessory uses and structures such as a boathouse or dock, and the property of the owner of the riverside lot is separated from it by a public or private roadway, a variance may be granted allowing the use of the riverside lot for use for riverside accessory uses, notwithstanding the absence of a principal use on the riverside lot, where there is a residential principal use in place on the adjoining lot owned by the same owner(s). Such variance shall only be granted upon the condition that the riverside lot not be sold separately from the property of the owner of the riverside lot, and confirmed by the filing of a restrictive covenant.
§ 407-147 Cemeteries.
Cemeteries shall comply with the following:
A.
Buildings or structures shall conform to the height requirements for principal structures in the district in which they are located.
B.
All buildings and structures shall be located at least 100 feet from each lot line, and there shall be a minimum of 100 feet between each building or structure, except that a private burial chamber, private chapel, private mausoleum or private vault for an individual family may be erected, provided that the height of chamber, chapel, crypt, mausoleum or vault does not exceed 15 feet and it is not located less than 50 feet from a lot line, and there are a minimum 25 feet between structures.
C.
No grave markers or monuments shall be closer than 25 feet to a lot line.
D.
Maximum percentage of land coverage by buildings or structures shall be 5%.
E.
Except for private chapels or mausoleums, no chapel or mausoleum shall be erected on a lot of less than 50 acres.
F.
Any buildings and structures on land adjacent to residential property shall be screened with vegetation.
G.
No building or structure shall exceed 5,000 square feet in total area nor 100 feet in length.
H.
Minimum size of any cemetery is 10 acres.
§ 407-148 Commercial radio and television broadcast towers.
Transmission towers shall be allowed in the M-1 District as a special use. All radio and television transmission towers and other structures used for similar purposes shall comply with the following requirements:
A.
The minimum land area shall not be less than 15 acres.
B.
All towers above 35 feet shall not be less than the height of the tower from the nearest property line.
C.
The base of the tower shall be enclosed by a fence of not less than six feet in height. In addition, the guy wires should be fenced to a height of six feet above ground or otherwise suitably guarded.
D.
Height restrictions for the districts shall not apply to transmission towers but shall apply to all buildings and other accessory structures used for storage, electronic equipment and studios.
E.
All plant material on the site shall be kept and maintained in its original and natural condition, except for the necessary removal of plant materials that are a hindrance to the construction of principal and accessory structures and access thereto. The site may also be subject to the general landscaping requirements of this code.
§ 407-149 Commercial riding stables.
A commercial riding stable, which may include a riding school, shall consist of no less than five acres, with no less than one acre per horse; not including parking areas, and no more than 50 horses shall be boarded at one time. All lands used to meet this requirement for commercial riding stables shall be under single ownership, and shall meet the following requirements:
A.
The barn or any stabling facility and grazing area is located at least 200 feet from any neighboring residence and at least 100 feet from the applicant's personal residence.
B.
The barn or any stabling facility is located at least 25 feet from any lot line.
C.
Manure and other water or excretion accumulation on such premises or in a structure shall not be kept in an unsightly or unsanitary manner. The waste shall be properly disposed of so as not to create odors that disturb occupants of adjoining properties. Nothing in this provision shall authorize on-site disposal of waste of any animals not resident on the zoning lot.
§ 407-150 Community facilities.
This includes essential public services, in enclosed or permanent structures, except telecommunications facilities. Such uses shall not be allowed in residential districts unless no area less intrusive of the zoning is available. When in residential districts, such uses shall be subject to the following regulations:
A.
All facilities shall be located underground when possible. Where above ground, landscaping regulations of this code shall apply.
B.
Such facility shall not be located on a residential street, unless no other site is available, and shall be so located as to draw a minimum of vehicular traffic to and through such streets.
C.
The location, design and operation of such facility shall not adversely affect the character of the surrounding residential area.
D.
Adequate fences, barriers and other safety devices shall be provided and shall be landscaped in accordance with the provisions in this article.
§ 407-151 Corner visibility.
Within the triangle formed by two intersecting street line rights-of-way and line joining points on such street lines 30 feet from the intersection, no fence, wall, hedge, or dense foliage shall be erected, planted, or maintained so as to block the area between the heights of three feet and 10 feet high.
§ 407-152 Drainage strips.
In all districts, no permanent structure shall be permitted within the setbacks from the ten-year flood stage edge of any stream or existing natural drainage channel, established on the Town Official Map, as such may be amended, except as authorized in writing by the Town Engineer.
§ 407-153 Drive-in business.
A.
Plans for the erection or structural alteration of drive-in establishments shall be submitted for site plan approval to the Planning Board for recommendation and Town Board for approval.
B.
The Planning Board may recommend and the Town Board approve such changes therein in relation to yards, driveways, driveway entrances and exits and the location and height of buildings, and enclosures as it may deem best suited to ensure safety, to minimize traffic hazards or difficulties and to safeguard adjacent properties.
C.
Drive-in business facilities shall not be located closer than 200 feet to an R District.
D.
The Town Board shall not approve a site plan for a drive-in business in the Town Center District which disrupts the flow of pedestrian and automotive traffic in the district. In all districts, the Town Board may require drive-in facilities to be placed in the rear or side yards, or in parking lots.
§ 407-154 Dwelling units.
A.
Slope of yards.
(1)
No building containing dwelling units shall be constructed or altered so as to contain dwelling units unless the surface grade of the front yard at the front wall of the building is either:
(a)
A minimum of 24 inches above the top of curb, measured at the midpoint between the side lot lines, and/or in compliance with the filed grading plan for the subdivision; or
(b)
Where a curb grade has not been established, not less than one-foot above the center line of the street, measured at the midpoint between the side lot lines of the lot.
(2)
Where there is an unusual difficulty in meeting this standard, the Town Engineer may accept a substitute gradient, provided that no negative gradient is established within 15 feet of the front wall or within six feet of either side of the rear wall of the dwelling.
§ 407-155 Fencing and walls.
The Town Board may require fences, vegetation or other appropriate material in nonresidential districts where they abut residential districts to assure privacy for adjacent land uses with visual, noise or air quality considered. The following shall apply to all fences and walls within the Town:
A.
The height of all fences or walls shall be measured from the average finished grade of the lot.
B.
No fence or wall in a residential district shall exceed seven feet in height.
C.
A fence of 12 feet shall be allowed to enclose a tennis court.
D.
Within a nonindustrial district, no fence or wall, other than a necessary retaining wall, over three feet in height shall extend into the required minimum front yard of any lot.
E.
All solid fences shall be installed so that the better side shall face outward; and all bracing shall be on the inside of the fence.
F.
All outside storage which is required to be fenced under provisions of this code, shall be surrounded by opaque fencing, including chain link fencing with solid slats, except that where all or a portion of the fence is not visible from adjoining properties or public areas, the Town Board may, as part of the site plan approval, allow the use of nonopaque fencing for the visible areas.
G.
Notwithstanding any other provision of this section, fences shall comply with the corner visibility requirements of this article.
H.
Fencing may be limited in the Town Center District to comply with pedestrian access and open space requirements.
§ 407-156 Junkyards, dumps and solid waste management disposal facilities.
Junkyards, dumps and solid waste management disposal facilities are prohibited in the Town of Grand Island.
§ 407-157 Marinas; boat storage.
Boats shall not be stored within any required minimum front or side yards. Boats may be stored in parking spaces outside of such required yards during the off-season (October 1 to May 1) as long as specifically authorized by the Town Board as part of an approved site plan.
§ 407-158 Mobile homes. [1]
A.
The following shall apply in addition to all other regulations of the Town. No mobile home shall be parked and/or occupied in any district outside an approved mobile home park for more than 48 hours except upon a temporary special use permit issued by the Town Board. Such permit shall be issued for a period not to exceed 30 calendar days and shall not be renewable within the same calendar year.
B.
All mobile homes used as offices or referred to as "mobile offices" shall be prohibited in the Town. This shall not include construction field offices required on site for specific projects completed. These field offices, however, shall not be brought on site until a valid building permit is issued or earlier than 10 days before the start of construction, and shall be removed from the construction site within seven days of project completion.
§ 407-159 Motor vehicle use areas.
Any portion of a lot, with the exception of one and two-family homes, 1) used for open off-street parking and/or 2) pursuant to an approved site plan, consisting of reserved space for open sales, service or storage areas for motor vehicles, recreation equipment or boats shall be deemed to be a motor vehicle use area. No building, fuel dispenser, motor vehicle or any other equipment or storage shall be closer than 25 feet to a residential district, nor 20 feet to a street line. New motor vehicle use areas or alterations of existing motor vehicle use areas shall be subject to the following requirements:
A.
Surfacing. Every motor vehicle use area and access driveway shall be paved, including parking lots, except that contractor's storage yards, mine hauling roads, and similar areas as approved by the Town Board through site plan review may be stone. Such areas shall be so graded and drained as to dispose of surface water accumulations.
B.
Lighting. Any fixture used to illuminate any motor vehicle use area shall be arranged so as to direct the light away from the street and from adjoining lots in any residential district.
C.
Screening. Every motor vehicle use area, except off-street parking areas for less than five vehicles, shall be screened from any adjoining lot in any residential district by a landscaped buffer at least five feet in width. Such buffer shall be landscaped and maintained by the owner.
D.
Access. No entrance or exit to a motor vehicle use area shall be permitted within 30 feet of any intersecting street lines, and except for permitted residential off-street parking areas in the residential districts, no entrance or exit shall be permitted within 10 feet of a lot in an residential district.
E.
Restriction. No motor vehicle use area shall be used for auto wrecking or for storage of wrecked, partially dismantled or equipment, or motor vehicles which do not qualify for New York State motor vehicle registration, except for police and private impound areas approved by the Town Board in the site plan process.
§ 407-160 Motor vehicle service stations and repair shops.
A.
All motor vehicle service stations and repair shops shall be so arranged and all gasoline dispensers shall be so placed as to require all servicing on the premises and outside the public way; no gasoline dispenser shall be placed closer to any side property line than 50 feet.
B.
No inoperative motor vehicles shall be kept on the premises of motor vehicle service stations and repair shops for longer than 30 days unless enclosed or fenced in an area not visible from off the property.
C.
All waste material will be stored within a structure or enclosed within fencing so as not to be visible from off the property.
D.
Motor vehicle service stations and repair shops do not include truck stop/travel plazas. In addition to the definition of truck stop/travel plaza in this Code, any motor vehicle service station more than five acres in total size, on one or more adjacent parcels, is a truck stop/travel plaza. Truck stops/travel plazas are not permitted in the Town of Grand Island.
[Added 4-2-2018 by L.L. No. 1-2018]
§ 407-161 Outdoor display of merchandise.
Except within 50 feet of a property line of a lot zoned for a residential use, retail merchandise may be displayed outdoors during business hours, provided the following criteria are complied with:
§ 407-162 Outdoor seating.
Outdoor seating is allowed subject to site plan approval for purposes of public safety. Applications for site plan modifications solely to add outdoor seating need only submit a plan showing the proposed seating and the area of the premises to be used, as well as showing any impacts on traffic flow, and that adequate provisions for pedestrian flow in the area have been made.
§ 407-163 Outdoor storage.
Outdoor storage of merchandise, material, or equipment is permitted in business and manufacturing districts if:
A.
The outdoor storage is incidental to a use located on the premises.
B.
The storage area does not exceed:
C.
The storage area is screened in accordance with this code except for automobile and recreational vehicle sales, and boat sales and storage uses. Landscaped, permanent berms may be used in place of fences for screening.
§ 407-164 Outdoor trash storage and dumpsters.
No trash or solid waste shall be stored outdoors except in dumpsters. Dumpsters shall be surrounded on three sides by solid fencing or walls at least as high as the top of the dumpster.
§ 407-165 Satellite television receiving antennas.
Satellite television receiving antennas are allowed in any zoning district as an accessory use to any principal use provided:
A.
In all zoning districts, except residential districts, the roof-mounted satellite television receiving antenna can be no more than 10 feet in diameter and must be accompanied by drawings stamped by a licensed engineer indicating wind load imposed, roof structure design or redesign of roof structure to carry added wind/weight load;
B.
In residential districts, ground-mounted satellite antennas are allowed in rear yards and shall not be greater than 12 feet in height. Its perimeter shall adhere to all setback requirements set forth in this code;
C.
In residential districts, rooftop-mounted satellite antennas larger than six feet shall be prohibited; and
D.
Ground-mounted systems in business and industrial districts shall be screened with appropriate fencing or landscaping indicated in this code.
§ 407-165.1 Solar energy facilities.
[Added 2-6-2017 by L.L. No. 1-2017; amended 7-6-2020 by L.L. No. 11-2020; 10-18-2021 by L.L. No. 9-2021]
A.
Authority.
(1)
This section is adopted pursuant to New York State Municipal Home Rule § 10(ii)(a)(12) which authorizes the Town of Grand Island to adopt and amend local laws that are not inconsistent with the State Constitution nor general law and that are related to the government, protection, order, conduct, safety, health, and well-being of persons or property of the Town. This section is also adopted pursuant to the Town's general power to enact local laws relating to the government, protection, order, conduct, safety, health, and well-being of persons or property within a municipality granted directly to local governments by the people of the State of New York through Article IX, §§ 1(a), 2(c), and 3(c) of the New York State Constitution. The law is also adopted pursuant to the supersession authority granted by New York Municipal Home Rule Law, § 10, Subdivision (1)(ii)(d)(3) as well as New York Town Law §§ 261-263.
B.
Statement of purpose.
(1)
This section is adopted to advance and protect the public health, safety, and welfare of Town of Grand Island by creating comprehensive regulations for the installation and use of solar energy generating systems and equipment, with the following objectives:
(a)
To promote the accommodation of appropriately sited solar energy systems and equipment;
(b)
To maintain the unique island character of the Town of Grand Island;
(c)
To preserve Grand Island's natural resources including open space containing parks, wetlands, wildlife management areas, woodlots, and shoreline;
(d)
To recognize the importance of environmental sustainability;
(e)
To encourage renewable energy systems at an appropriate scale and density to decrease local utility loads and minimize carbon emissions;
(f)
To mitigate the impacts of solar energy systems on environmental resources such as important agricultural lands, forests, waterbodies, wildlife, and other protected resources; and
(g)
To minimize to the extent practicable the potential impact on members of the community when solar collectors may be installed near their property, while preserving the rights of property owners to install appropriately sited solar energy systems.
C. BATTERY(IES)(1) (2) (3) (4) (5) BATTERY ENERGY STORAGE SYSTEM(1) (2) (3) BUILDING-INTEGRATED SOLAR ENERGY SYSTEM FACILITY AREA FARMLAND OF STATEWIDE IMPORTANCE GLARE GLINT GROUND-MOUNTED SOLAR ENERGY SYSTEM NATIVE PERENNIAL VEGETATION POLLINATOR PRIME FARMLAND ROOF-MOUNTED SOLAR ENERGY SYSTEM SENSITIVE VISUAL RECEPTOR SOLAR ACCESS SOLAR ENERGY EQUIPMENT SOLAR ENERGY SYSTEM(1) (2) (3) (4) SOLAR PANEL STORAGE BATTERY
Definitions. As used in this section, the following terms shall have the meanings indicated:
A single cell or a group of cells connected together electrically in series, in parallel, or a combination of both, which can charge, discharge, and store energy electrochemically. For the purposes of this section, batteries utilized in consumer products are excluded from these requirements.
FLOW BATTERYA storage battery that stores and generates an electrical current by ion exchange through a membrane separating liquid electrolytes.
LEAD ACID BATTERYA storage battery that is comprised of lead electrodes immersed in sulfuric acid electrolyte, including vented (flooded) or valve regulated lead acid (VRLA) batteries.
LITHIUM-ION (Li-ion) BATTERYA storage battery in which an electrical current is generated by lithium ions embedded in a carbon graphite or nickel metal-oxide substrate placed in a high-viscosity carbonate mixture or gelled polymer electrolyte.
NICKEL CADMIUM (Ni-Cd) BATTERYAn alkaline storage battery in which the positive active material is nickel oxide, the negative active material contains cadmium, and the electrolyte is potassium hydroxide.
NICKEL METAL HYDRIDE (NiMH) BATTERYAn alkaline storage battery in which the positive active material is nickel oxide, the negative active material is a hydrogen absorbing alloy, and the electrolyte is potassium hydroxide.
One or more devices, assembled together, capable of storing energy in order to supply electrical energy at a future time, not to include a stand-alone 12-volt car batter or an electric motor vehicle.
SMALL BATTERY ENERGY STORAGE SYSTEMBattery energy storage systems for one- to two-family residential dwellings within or outside the structure with an aggregate energy capacity less than or equal to:
MEDIUM BATTERY ENERGY STORAGE SYSTEMBattery energy storage systems with aggregated rated energy capacity:
LARGE BATTERY ENERGY STORAGE SYSTEMBattery energy storage systems that have an aggregate energy capacity greater than 500 kWh for lead acid, Ni-Cd, NiMH, and flow batteries, and greater than 250 kw for Li-ion batteries.
A combination of solar panels and solar energy equipment integrated into any building envelope system such as vertical facades, semitransparent skylight systems, roofing materials, or shading over windows, which produce electricity for on-site consumption.
All of the area within any fence surrounding a solar energy system, as well as the area covered by and between all facility components, including, but not limited to, access roads, transmission lines, and support buildings.
Land, designated as "farmland of statewide importance" in the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS)'s Soil Survey Geographic (SSURGO) Database on Web Soil Survey, that is of statewide importance for the production of food, feed, fiber, forage, and oilseed crops as determined by the appropriate state agency or agencies. Farmland of statewide importance may include tracts of land that have been designated for agriculture by state law.
The effect by reflections of light with intensity sufficient as determined in a commercially reasonable manner to cause annoyance, discomfort, or loss in visual performance and visibility in any material respects.
A momentary flash of light that may be produced as a direct reflection of the sun on a solar collection system.
A solar energy system that is anchored to the ground via a pole or other mounting system, detached from any other structure, that generates electricity for on-site or off-site consumption.
Native wildflowers, forbs, and grasses that serve as habitat, forage, and migratory way stations for pollinators and shall not include any prohibited or regulated invasive species as determined by the New York State Department of Environmental Conservation.
Bees, birds, bats, and other insects or wildlife that pollinate flowering plants, and includes both wild and managed insects.
Land, designated as "prime farmland" in the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS)'s Soil Survey Geographic (SSURGO) Database on Web Soil Survey, that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber, and oilseed crops and is also available for these land uses.
A solar energy system located on the roof of any legally permitted building or structure that produces electricity for on-site or off-site consumption.
Any person, business, or institution likely to be adversely impacted by the visibility of a solar energy system. Sensitive visual receptors may include, but are not limited to, certain businesses, campgrounds, churches, medical facilities, people with pre-existing medical conditions, and others.
Space open to the sun and clear of overhangs or shade so as to permit the use of active and/or passive solar energy systems on individual properties.
Electrical material, hardware, inverters, conduit, storage devices, or other electrical and photovoltaic equipment associated with the production of electricity.
A system of components intended for the collection, inversion, storage, and/or distribution of solar energy and that directly or indirectly generates thermal, chemical, electrical, or other usable energy. A solar energy system consists of, but is not limited to, solar collectors, mounting devices or structures, generators/turbines, water and energy storage and distribution systems, battery energy storage systems, storage, maintenance and/or other accessory buildings, inverters, fans, combiner boxes, meters, transformers, and all other mechanical structures. A solar energy system is classified as a Tier 1, Tier 2, or Tier 3, or Tier 4 solar energy system as follows:
Tier 2 solar energy systems include ground-mounted solar energy systems with a facility area of up to 5,000 square feet and that generate up to 110% of the electricity consumed on the site over the previous 12 months.
Tier 3 solar energy systems are systems not included in the definition of Tier 1, Tier 2, or Tier 4 solar energy systems, and include, but are not limited to, all community solar projects. The facility area of Tier 3 solar energy systems shall not exceed 30 acres in size or five mw in nameplate capacity.
Tier 4 solar energy systems include any solar energy system with a facility area greater than 30 acres in size. Tier 4 solar energy systems are prohibited in all zoning districts.
A photovoltaic device capable of collecting and converting solar energy into electricity.
A device that stores energy and makes it available in an electrical form.
D.
Applicability.
(1)
The requirements of this section shall apply to all solar energy systems permitted, installed, or modified in the Town of Grand Island after the effective date of this section, excluding general maintenance and repair.
(2)
Solar energy systems in receipt of a building permit, constructed, or installed prior to the effective date of this section shall not be required to meet the requirements of this section unless otherwise stated herein.
(3)
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.
(4)
All solar energy systems shall be designed, erected, and installed in accordance with all applicable codes, regulations, and industry standards as referenced in the NYS Uniform Fire Prevention and Building Code.
(5)
Any proposed solar energy system subject to review by the New York Board on Electric Generation and Siting and the Environment pursuant to Article 10 of the New York State Public Service Law, or the Office of Renewable Energy Siting pursuant to Article 94-c of the Executive Law, or any other government body with jurisdiction over siting approval for solar energy systems, shall be subject to all substantive provisions of this section and any other applicable laws, codes, and regulations of the Town of Grand Island, New York; and any other applicable State or Federal laws.
E.
Requirements for all solar energy systems.
(1)
A building permit shall be required for installation of all solar energy systems.
(2)
Issuance of permits and approvals by the Town Board shall be subject to review pursuant to the State Environmental Quality Review Act ECL Article 8 and its implementing regulations at 6 NYCRR Part 617 ("SEQRA").
(3)
Siting of solar installations shall conform to the Town of Grand Island Comprehensive Plan.
(4)
All solar panels shall have anti-reflective coating(s) not identified as a hazardous material by the EPA, unless an applicant demonstrates the hazardous material is unlikely to cause harm to people, plants, or animals when released by spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment. The applicant shall adhere to all federal and state laws, regulations, and guidelines regarding PFAS and polytetrafluoroethylene (PTFE) films. All solar energy systems shall be designed, erected, and installed so as to prevent undue glare from falling on adjoining properties or creating traffic safety issues.
(5)
No chemical herbicides shall be used to manage vegetation in and around facility components unless such chemical herbicides are used to preserve native pollinator vegetation or vegetation providing visual impact screening.
(6)
The use of any pesticides is prohibited in the operation and construction of Tier 3 solar energy systems.
(7)
On-site storage restrictions: Storage of out of service (less than three months) or damaged panels on site is prohibited.
(8)
FCC Class B emissions: Panels shall be installed with proper grounding to prevent FCC Class B emissions to prevent radio frequency interferences.
F.
Permitting requirements for Tier 1 solar energy systems.
(1)
All Tier 1 solar energy systems shall be permitted in all zoning districts and shall be exempt from site plan review under the local zoning law or other land use regulation, subject to the following conditions for each type of solar energy systems:
(2)
Roof-mounted solar energy systems.
(a)
Roof-mounted solar energy systems shall incorporate, the following design requirements:
[1]
The distance between the roof and highest edge of the system shall be in accordance with the New York State Uniform Fire Prevention and Building Code.
(b)
Glare: All solar panels shall have anti-reflective coating(s) subject to the limitations of this section.
(c)
Height: All roof-mounted solar energy systems shall be subject to the maximum height regulations specified for principal and accessory buildings within the underlying zoning district.
(3)
Building-integrated solar energy systems shall be shown on the plans submitted for the building permit application for the building containing the system.
G.
Permitting requirements for Tier 2 solar energy systems.
(1)
All Tier 2 solar energy systems shall be permitted in all zoning districts as accessory structures and shall require a site plan review under the local zoning law subject to the following conditions:
(2)
Glare: All solar panels shall have anti-reflective coating(s) subject to the limitations set forth in this section.
(3)
Setbacks: Tier 2 solar energy systems shall be subject to the setback regulations specified for the accessory structures within the underlying zoning district. All ground-mounted solar energy systems shall only be installed in rear or side yards in residential districts and shall not unreasonably encroach upon neighboring parcels through introduction of shade, nuisance noise, or other nuisance conditions.
(4)
Height: Tier 2 solar energy systems shall be subject to the height limitations specified for accessory structures within the underlying zoning district.
(5)
Screening and visibility:
(a)
All Tier 2 solar energy systems shall have views minimized from adjacent properties.
(b)
Solar energy equipment shall be located in a manner to reasonably avoid and/or minimize blockage of views from surrounding properties and shading adjacent properties.
(c)
If side or rear yard installations are visible from adjacent properties, a landscape buffer and visual screening shall be installed.
(6)
Lot size: Tier 2 solar energy systems shall comply with the existing lot size requirement specified for accessory structures within the underlying zoning district.
H.
Permitting and substantive requirements for Tier 3 and Tier 4 solar energy systems.
(1)
Tier 3 solar energy systems are permitted within B-1, M-1, M-2, R1-A, R1-B, R1-C, and R1-D Districts with a special use permit approved by the Town of Grand Island Town Board, after reviewing recommendations from the Planning Board, and subject to site plan application requirements set forth in the Grand Island Zoning law, and the physical limitations on area and other substantive requirements set forth in this section and related appendices. Tier 3 solar energy systems are a prohibited use in all other zoning districts. Applications for the installation of Tier 3 solar energy systems shall be subject to the following procedures and substantive requirements. In the event a body of competent jurisdiction waives the use prohibition on Tier 4 solar energy systems, the substantive standards applicable to Tier 3 solar energy systems set forth in this section shall apply to any Tier 4 solar energy systems for which the use prohibition is waived.
(2)
Applications for a special use permit shall be subject to a public hearing to hear all comments for and against the application. The applicant shall have a notice printed in a newspaper of general circulation in the Town at least five days in advance of such hearing. Applicants shall have delivered the notice by first class mail to adjoining landowners or landowners within 500 feet of the property at least 10 days prior to such a hearing. Proof of publication and mailing shall be provided to the Town Board at the public hearing.
(3)
Lot coverage: The facility area shall not exceed 60% of the total area of any tax parcel or lot. This coverage limit may be further reduced by the Town Board if it determines a lower coverage limit is necessary to accommodate environmental, aesthetic, or health and safety concerns.
(5)
Setbacks. The minimum setback from the fence line of any facility shall be:
(a)
Side and rear yard setbacks: 50 feet from all adjacent property lines farther than 400 feet from the road, and 200 feet from all adjacent property lines within 400 feet of the road;
(b)
A setback of 100 feet from all adjacent DEC wetlands, creeks, and streams;
(c)
A setback of 500 feet from any inhabited residence, or residential primary structure, or sensitive visual receptor, on adjoining lots;
(d)
A minimum setback of 400 feet from any public road (from center of road);
(e)
A minimum setback of 500 feet from all property lines bordering any school, park, or other public place that may be adversely impacted by the solar energy system.
(6)
Minimization of environmental impacts. Development and operation of solar energy systems shall not have a significant adverse impact on fish, wildlife, or plant species or their critical habitats, or other significant habitats identified by the Town of Grand Island or other federal or state regulatory agencies. Lands which have the highest ecological values as evidenced by large, contiguous areas of forest, undisturbed drainage areas, federal or NYSDEC state recognized wetlands, or NYSDEC identified critical habitats or rare plants and animal populations shall be avoided.
(7)
Vehicular paths. Vehicular paths and emergency access ways within the site shall be capable of bearing the weight of emergency vehicles and sufficiently wide to permit access to emergency vehicles such as fire trucks and ambulances so that emergency vehicles may pass each other without leaving the road. Applicants, their successors, and assigns shall be responsible for keeping all access roads clear and passable by emergency equipment at all times. Roadways within the site shall not be constructed of impervious materials and shall be designed to minimize the extent of roadways constructed and soil compaction.
(8)
Signage.
(a)
A sign, not to exceed eight square feet, shall be displayed on or near the main access point and shall list the facility name, owner, and phone number.
(b)
A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations, not to exceed four square feet.
(c)
As required by National Electric Code (NEC), disconnect and other emergency shut-off information shall be clearly displayed on a light-reflective surface. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations. Multiple remote shut-off locations will be installed to the extent technically feasible and shall be accessible by first responders.
(9)
Development of Tier 3 solar energy systems in and around the Grand Island Town Center (North, Central and Southern Business Districts) is incompatible with existing community character and future plans for community development and shall be avoided.
(10)
Transmission lines. All on-site utility and transmission lines shall, to the extent feasible, be placed underground.
(11)
Access. Major systems or solar farms shall not obstruct solar access to adjacent properties.
(12)
Deforestation discouraged. Removal of trees and other existing vegetation shall be limited to the extent necessary for the construction and maintenance of the solar facility. Removal of existing trees larger than six inches in diameter at breast height (DBH) is prohibited to the extent possible. A tree inventory of all trees larger than six inches in diameter must be submitted with any application to the Town for a special use permit. Previously cleared or disturbed areas are preferred locations for solar panel arrays. The clearing of additional lands to accommodate a proposed utility-scale solar energy system may be permitted, provided the percentage of newly cleared land on any parcel does not exceed 10% of the existing woodlands on that parcel.
(13)
Glare. All solar panels shall have anti-reflective coating(s) subject to the limitations of the section and shall minimize reflective glare and/or glint toward any inhabited buildings on adjacent properties and roads.
(14)
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 with full cutoff and should not encroach outside of the fenced perimeter.
(15)
Screening, visual impact, and vegetation management.
(a)
Applications shall include a screening and landscaping plan drafted and endorsed by a licensed landscape architect, and shall consist of:
[1]
A visual impact assessment (VIA) of the solar energy system on public roadways and adjacent properties. At a minimum, the VIA must include:
[a]
A line-of-sight profile analysis.
[b]
Photographic simulations of the facility area showing visual conditions after installation of the solar energy system.
[c]
A landscaping and screening plan including images of the screening from each compass directional (and/or additional views, if requested by any Board) shown at time expected intervals of:
[d]
The screening plan and site plan must be submitted for review by the Conservation Advisory Board (CAB), and CAB shall provide recommendations, as appropriate.
[e]
Depending upon the scope and potential significance of the visual impacts, additional impact analyses, including additional digital rendering and/or viewshed report, may be required by the reviewing board.
(b)
Visual impact mitigation requirements include, but are not limited to:
[1]
Screening of a permanent nature that will appropriately screen sightlines of the proposed solar energy system so as to significantly diminish site lines from all adjacent property.
[2]
The screening and landscaping plan shall minimize visual impact on public roadways and adjacent properties, as reasonably practical, through use of adequate screening measures such as landscaping, grading, berms, or other means.
[3]
Visual screening is required for all facility components within 1,000 feet of any road or residence.
[4]
The Tier 3 solar energy system shall be completely screened from any adjacent property, subject to the limitations set forth in § 296-8O(2)(b). To accomplish this screening, existing vegetation shall be utilized to the fullest extent practicable, or an applicant may install at least two rows of native evergreen shrubs or other screening acceptable to the Town Board, which is capable of forming a continuous visual barrier that will meet or exceed the panel height at two years after planting. The solar energy system owner shall be responsible for maintaining and replacing the vegetative visual barrier until decommissioning for the project is complete in accordance with this section. The minimum screening requirement may be waived if the Town Board determines that some other suitable on-site vegetation already exists to achieve complete screening.
[5]
Native vegetation should be used to the extent practicable pursuant to a vegetation management plan by providing native perennial vegetation and foraging habitat beneficial to game birds, songbirds, and pollinators. To the extent practicable, when establishing perennial vegetation and beneficial foraging habitat, the owners shall use native plant species and seed mixes. These plantings shall cover the ground area throughout the solar panel fenced in area.
[6]
Existing vegetation on site may be used to satisfy all or a portion of the required landscaped screening.
(16)
Blasting. Any and all types of blasting is prohibited at all stages of the project.
(17)
Noise. Once in operation, sound pressure level at the exterior of any residence or nonparticipating property line, expressed in terms of dBA Leq-8hr, shall not exceed existing background ambient noise, expressed in dBA Leq-8hr as measured by a qualified acoustician, by more than 6dB.
(18)
Height. The maximum height for freestanding solar panels located on the ground or attached to a framework located on the ground shall not exceed 14 feet above grade in height above the ground in Tier 3 solar energy systems.
(19)
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.
(a)
Chain-link fencing around Tier 3 solar energy systems shall be visually screened wherever visible from roads, residences, or visually sensitive resources, at the discretion of the Town Board. Other types of fencing surrounding Tier 3 solar energy systems may require visual screening at the discretion of the Town Board.
(b)
The use of barbed wire, razor wire, or electric fencing around solar energy facilities in prohibited unless expressly required pursuant to state or federal law.
(c)
There must be six-inch gaps at the bottom of all fences to allow for wildlife passage unless such gap is demonstrated to pose a risk to the health and safety of the community. Alternatively, a fence designed specifically to permit small animals will be allowed.
(20)
Agricultural resources. For projects located on agricultural lands:
(a)
Any Tier 3 solar energy system located on the areas that consist of prime farmland or farmland of statewide importance shall not exceed 50% of the area of prime farmland of statewide importance on the parcel. Tier 3 solar energy systems on prime farmland or farmland of statewide importance shall be required to seed 20% of the total surface area of all solar panels on the lot with native perennial vegetation designed to attract pollinators.
(b)
To the maximum extent practicable, Tier 3 solar energy systems located on prime farmland shall be constructed in accordance with the construction requirements of the New York State Department of Agriculture and Markets.
(c)
Tier 3 solar energy system owners shall develop, implement, and maintain native vegetation to the extent practicable pursuant to a vegetation management plan by providing native perennial vegetation and foraging habitat beneficial to game birds, songbirds, and pollinators. To the extent practicable, when establishing perennial vegetation and beneficial foraging habitat, the owners shall use native plant species and seed mixes.
(d)
Solar energy systems shall not occupy more than 10% of all farmland of statewide importance located in the Town of Grand Island as classified by the United States Department of Agriculture, New York State, or the Natural Resources Conservation Service.
(21)
Decommissioning.
(a)
Permit time frame and abandonment:
[1]
The special use permit and site plan approval for a solar energy system shall be valid for a period of 12 months, provided that a building permit is issued for construction and construction has commenced.
[2]
In the event construction is not completed in accordance with the final site plan, as may have been amended and approved, as required by the Town Board within 12 months after approval, the applicant or the Town of Grand Island may extend the time to complete construction for 180 days. If the owner and/or operator fails to perform substantial construction after 24 months, the approvals shall expire.
[3]
Solar energy systems that have been abandoned and/or not producing electricity for a period of one year shall be removed at the owner and/or operator's expense, which at the owner's option may come from any security benefitting the Town of Grand Island as set forth in this section.
[4]
If the owner and/or operator fails to comply with decommissioning upon any abandonment, the Town of Grand Island may, at its discretion, utilize the letter of credit for the removal of the solar energy system and restoration of the site in accordance with the decommissioning plan.
(b)
A decommissioning plan (see Appendix A[1]) signed by the owner and/or operator of the solar energy system shall be submitted by the applicant, addressing the following:
[1]
The projected cost of removing the solar energy system if decommissioning is required during the first five years after construction is complete, as determined by a qualified and independent third-party assessor or other consultant agreeable to both the facility owner and the Town.
[2]
The time required to decommission and remove the solar energy system and any ancillary structures.
[3]
The time required to repair any damage caused to the property by the installation and removal of the solar energy system.
[1]
Editor's Note: Appendix A is included as an attachment at the end of this chapter.
(c)
Security.
[1]
The deposit, execution, or filing with the Town Clerk of cash or a letter of credit shall be in an amount sufficient to ensure the good faith performance of the terms and conditions of the state or local permit and provide for the removal and restorations of the site subsequent to removal. The amount of the letter of credit or cash escrow payment shall be 125% of the cost of removal of the Tier 3 solar energy system and restoration of the property in accordance with any state or local permit conditions, with an escalator of 2% annually, or by a percentage equal to annual inflation rate as calculated using the Consumer Price Index published by the Labor Department's Bureau of Labor Statistics for the previous calendar year, whichever is greater, for the life of the solar energy system, except in any year where the decommissioning cost is recalculated as set forth below.
[2]
Beginning on the fifth anniversary of completion of construction, and every fifth year thereafter until decommissioning is completed, a qualified and independent third-party assessor or other consultant agreeable to both the facility owner and the Town will recalculate the projected cost of decommissioning over the next five-year period, and the applicant shall adjust the amount of the letter of credit to match 125% of the recalculated decommissioning cost.
[3]
Change in ownership. The obligation to maintain a decommissioning security letter of credit or cash escrow benefitting the Town of Grand Island is a continuing obligation that may not be transferred without written consent of the Town of Grand Island, which consent shall not be unreasonably withheld.
[4]
In the event the applicant is in default of its obligations to decommission the facility under any applicable law or permit, and after proper notice and expiration of any cure periods, the cash deposit, letter of credit, or security shall be forfeited to the Town which shall be entitled to maintain an action thereon. The cash deposit, letter of credit, or security shall remain in full force and effect until restoration of the property as set forth in the decommissioning plan is completed.
[5]
In the event of default under this section or the conditions of any permit for construction and operation of the solar energy system, or abandonment of the solar energy system, the system shall be decommissioned as set forth herein
(22)
Site plan application. For any solar energy system requiring a special use permit, site plan review and approval shall be required subject to the requirements set forth in Article XXIV of the Grand Island Zoning Code (§§ 407-107 through 407-113). In addition, the site plan application shall include the following information and be subject to the following additional substantive standards:
(a)
A three-line electrical diagram detailing the solar energy system layout, solar collector installation, associated components, and electrical interconnection methods, with all National Electrical Code (NEC) compliant disconnects and over current devices.
(b)
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 building permit.
(c)
Name, address, and contact information of 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 building permit.
(d)
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.
(e)
Property operation and maintenance plan. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing and trimming.
(f)
Prior to the issuance of the special use permit or final approval by the Town Board, but not required as part of the application, engineering documents must be signed and sealed by a New York State (NYS) Licensed Professional Engineer or NYS Registered Architect.
(23)
Special use permit, additional requirements. Written and signed confirmation of compliance with solar panel restrictions and design requirements as detailed in this section must be signed and submitted as part of permit submission.
(24)
Building permit, additional requirements. Prior to building permit approval
(a)
A clearing, grading, storm water and erosion control plan should be submitted to the Town for approval.
(b)
The plan must demonstrate potential adverse impacts to wetlands and/or Class I and II streams have been mitigated, as well as the banks and vegetation along these areas. Applicants must demonstrate they have minimized erosion or sedimentation.
(c)
The Town and its representatives (when requested by the Town Board) should be given access to the project site by the developer or landowner to evaluate project impact on environmental, vegetation and wildlife, soil, water, or drainage
(25)
Ownership changes. If the owner or operator of the solar energy system changes or the owner of the property changes, the special use permit shall remain in effect, provided that the successor owner or operator assumes in writing all of the obligations of the special use permit, site plan approval, and decommissioning plan. A new owner or operator of the solar energy system shall notify the zoning enforcement officer of such change in ownership or operator within 30 days of the ownership change.
I.
Battery energy storage systems.
(1)
Small, medium, and large battery energy storage systems shall meet the requirements of any applicable fire prevention code, building code, and design requirement when in use and, when no longer used, shall be disposed in accordance with the laws and regulations of the Town of Grand Island and any applicable federal, state, or county laws or regulations. Fire prevention codes, building codes, design requirements, and applicable federal, state, and county laws or regulations include, but are not limited to, standards and requirements set forth in the:
(a)
Energy Code: The New York State Energy Conservation Construction Code adopted pursuant to Article 11 of the Energy Law, as currently in effect and as hereafter amended from time to time;
(b)
Fire Code: The fire code section of the New York State Uniform Fire Prevention and Building Code adopted pursuant to Article 18 of the Executive Law, as currently in effect and as hereafter amended from time to time;
(c)
Nationally Recognized Testing Laboratory (NRTL): A U.S. Department of Labor designation recognizing a private sector organization to perform certification for certain products to ensure that they meet the requirements of both the construction and general industry OSHA electrical standards;
(d)
NEC: National Electric Code;
(e)
NFPA: National Fire Protection Association;
(f)
Uniform Code: The New York State Uniform Fire Prevention and Building Code adopted pursuant to Article 18 of the Executive Law, as currently in effect and as hereafter amended from time to time.
(2)
Small battery energy storage systems are a permitted use in all zoning districts and do not require site plan approval.
(3)
Medium battery energy storage systems are permitted in all zoning districts and require site plan review and a building permit.
(4)
Large battery energy storage systems are not permitted on soils classified as prime farmland, prime farmland if drained, or soils of statewide importance by the United States Department of Agriculture, New York State, the Town of Grand Island Farmland Protection Plan, or the Natural Resources Conservation Service. In addition, large battery energy storage systems shall not be sited on more than 10% of any parcel containing prime farmland, prime farmland if drained, or soils of statewide importance.
(5)
Large battery energy storage systems require a special use permit, site plan review, and a building permit.
J.
Safety.
(1)
Solar energy systems and solar energy equipment shall be certified under the applicable electrical and/or building codes as required.
(2)
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.
(3)
A piece of equipment that meets the definition of "oil-filled operational equipment" at 40 CFR Part 112.2 (e.g., transformers, capacitors, and electrical switches) shall comply with the secondary containment procedures of that regulation.
(4)
Emergency response plan. As part of the special permit documentation the applicant must submit an emergency response plan for any potential hazard situation: fire, lightening, hailstorms, etc.
(a)
The plan must include requirements for documented training of the Fire Department and other first responders prior to installation.
(b)
The plan must include a list of possible events that could occur and provide a training guide for first responders detailing best practices and potential hazards.
K.
Enforcement and annual inspection.
(1)
Any violation of this section shall be subject to the same enforcement requirements, including the civil and criminal penalties, provided for in the zoning or land use regulations of the Town of Grand Island.
(2)
If the applicant is in default of the requirements for a special use permit, or any other applicable permit or law, the Town of Grand Island Code Enforcement Inspector shall have authority to pursue all remedies provided by state and local law, including, but not limited to, revocation of the permit and commencement to decommissioning pursuant to this section.
(3)
The Town and its representatives (when requested by the Town Board) should be given access to the project site by the developer or landowner to evaluate project impact on environmental, vegetation and wildlife, soil, water, or drainage.
(4)
Inspection.
(a)
As part of a special use permit approval or renewal an inspection shall be requested. Upon reasonable notice, the Town of Grand Island Code Enforcement Inspector or his or her designee may enter a lot on which a solar energy system has been approved for the purpose of compliance with any requirements or conditions. Advance notice of 48 hours will be provided to the owner/operator or designated contact.
(b)
Upon approval of a special use permit, the facility will undergo an annual inspection. The inspection to include:
[1]
Confirm pollinator program is in compliance and screening plan remain in place; require replacement of any dead/lost screening or ground cover in compliance with screening plan;
[2]
Inspect for out of service panels;
[3]
Inspect for brush fire risk in close proximity to panels;
[4]
Inspection of fencing for security;
[5]
Require documented inspection of output to be included with special use permit approval.
(c)
Note: Failure to receive approval for the special use permit or failure to receive renewal within six months after its expiration shall result in a request to discontinue and to initiate the decommissioning plan.
L.
Severability. The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.
§ 407-166 Swimming pools.
[Amended 10-15-2012 by L.L. No. 3-2012]
A private swimming pool installed or maintained as an accessory use in a residential district shall meet the requirements of the New York State Uniform Fire Prevention and Building Code and any other applicable state or county law. Any filtration system and filter pumps or other mechanical devices shall be located and constructed so as not to interfere with the peace, comfort and repose of the occupant of any adjoining property.
§ 407-167 Fire stations.
[Added 5-17-2010 by L.L. No. 5-2010]
Fire stations are a permitted use in every zoning district. The Town Board, at its discretion, may require a site plan for a fire station.
§ 407-167.1 Community gardens.
[Added 4-1-2013 by L.L. No. 1-2013]
A.
A community garden is a single piece of land used collectively for the cultivation of seasonal flowers, vegetables, herbs, or fruit.
B.
Notwithstanding any other provision of the Town of Grand Island Code to the contrary, community gardens shall be an allowed use in all zoning districts in the Town, upon receipt of an approval for a community garden permit from the Town Board, which shall be issued by the Code Enforcement Department.
C.
Application requirements. An application for a community garden permit must include:
(1)
Completion of a community garden application form.
(2)
Payment of an application fee, as adopted by the Town Board and listed on the fee schedule, set by resolution of the Town Board.
(3)
A sketch of the site upon which the community garden will be located, showing the proposed location and size of the community garden, location of proposed storage areas, location of nearby buildings, land uses, roads, driveways, and land features. The sketch shall also depict available parking for users of the community garden. If composting of vegetative on-site material is to be undertaken pursuant to Subsection F, the sketch must include its location.
(4)
A written plan for the use and storage of any tools, equipment, supplies, harvested products, and water.
(5)
If the applicant is not the owner of the property where the community garden will be located, proof that the property owner has granted the applicant permission to apply for a community garden permit.
(6)
Such other information the Town Board deems necessary.
D.
Town Board determination. In making its determination, the Town Board may consider any factors it deems reasonable. The Town Board has the authority to impose conditions and restrictions on any community garden permit, if granted, to minimize any adverse impact on the neighborhood or community. In reviewing applications, the Town Board shall follow the procedures as set forth in § 407-115.
E.
Temporary duration of approval. A community garden permit shall be valid for one year.
F.
Operational rules and regulations.
(1)
The on-site sale of produce may be permitted by the Town Board, provided the sketch plan required by Subsection C(3) shows (i) adequate parking available for the site, (ii) the facilities to be used to facilitate the on-site sale of produce (e.g., fruit/vegetable stand), and (iii) the location where on-site sales will occur.
[Amended 3-3-2014 by L.L. No. 7-2014]
(2)
The site shall be designed and maintained so that water and fertilizer will not drain onto adjacent property.
(3)
A minimum three-foot-wide, clearly marked entrance path shall be provided from the public right-of-way to the garden.
(4)
Refuse storage areas shall be provided and screened to enclose all refuse generated from the garden. Refuse areas shall be located as close as practicable to the rear and center of the property. Refuse shall be removed from the site at least once a week.
(5)
Composting of vegetative material (e.g., leaves, grass clippings, remains of plants) only is permitted on site and shall not include kitchen waste or any other material brought in from off site.
(6)
The garden shall be regularly watered and maintained adequately moist to mitigate potential dust impacts.
(7)
Storage areas for tools, fertilizers, equipment, and other material shall be enclosed and located as close as practicable to the rear and the center of the property. A shed up to 140 square feet is permitted on a vacant lot without a variance.
(8)
Hours of operation shall be limited to the hours between sunrise and sunset.
(9)
Before expiration of the community garden permit, the garden shall be cleared of all vegetation and other materials (e.g., remains of plants, corn stalks, stakes or stands) and returned as close as practicable to pre-garden conditions.
§ 407-167.2 Transient rentals.
[Added 9-22-2015 by L.L. No. 9-2015]
With the exception of bed-and-breakfasts as specifically authorized in this chapter, transient rentals or short-term rentals are not permitted in the following zoning districts: R-1A, R-1B, R-1C, R-1D, R-1E, R-2, R-2A, and R-3.
§ 407-167.3 Multiple uses.
[Added 2-3-2020 by L.L. No. 1-2020]
A.
Multiple principal uses on one lot are prohibited in all zoning districts, with exceptions as follows:
(1)
In the Town Center Districts (NBD, CBD, and SBD), M-1 Light Industrial and Research District, and M-2 Industrial District, multiple principal uses are permitted.
B.
Substantive requirements for lots containing more than one principal use.
(1)
All substantive requirements set forth in the Code are applicable except as otherwise indicated herein.
(2)
Parking. Determining minimum parking on a lot containing multiple principal uses shall begin with a baseline of 150% of the parking required of the most-intensive use, where "intensive" refers the use with the highest number of parking spaces required. Then, from that baseline, the figure shall be adjusted either up or down based upon the characteristics and needs of the specific site and uses, as recommended by the Planning Board and approved by the Town Board. Determining the appropriate number of parking spaces shall be based upon the specific characteristics of the uses on the site.