Johnstown Town City Zoning Code
ARTICLE VIII
Supplementary Regulations for Special Uses
In addition to what is set forth in this article, there are additional standards and requirements within this chapter that apply to the following uses, including but not limited to the zoning districts in which these uses are allowed and bulk standards.
§ 84-28 Adult uses.
Findings and purpose. The Town of Johnstown has examined and reviewed studies conducted to assess the secondary effects of adult uses, and deems that such studies and their conclusions are relevant to the concerns and circumstances of the Town of Johnstown, primarily the protection of safety, community character, quality of life, and economic development. The Town hereby finds that the following regulations are necessary to lessen or prevent the adverse secondary effect of adult entertainment uses. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative material, including sexually oriented materials. Similarly, it is not the intent or effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the New York State and United States Constitutions, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their market.
Definitions. As used in this section, the following terms shall have the meanings indicated:
"Adult use" shall be interpreted to mean only the following:
ADULT BOOKSTORE — An establishment that has as a substantial portion of its stock-in-trade and offers for sale, for any form of consideration, any one or more of the following: 1) books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations that are characterized by an emphasis upon the depiction or description of sexual activities or anatomical areas; or 2) instruments, devices, or paraphernalia that are designed for use in connection with sexual activities. Adult bookstores shall not have enclosed viewing booths. For purposes of this subsection, substantial shall mean more than 40% of the building's sale floor area.
ADULT CABARET — A nightclub, bar, restaurant, or similar establishment that routinely features live performances that are characterized by the exposure of anatomical areas or by specified sexual activities. Adult cabarets shall not have enclosed viewing booths.
ADULT MOTION PICTURE THEATRE — An establishment where, for any form of consideration, films or motion pictures are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis on the depiction or description of sexual activities or anatomical areas. Adult motion picture theaters shall not have enclosed viewing booths.
The following definitions are of uses prohibited from locating and/or operating in any district within the Town of Johnstown:
ADULT HOTEL OR MOTEL — A hotel or motel or similar business establishment offering public accommodations for any form of consideration that:
Provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions characterized by an emphasis upon the depiction or description or sexual activities or sexual activities or anatomical areas; and/or
Rents, leases, or lets any room for less than a six-hour period, or rents, leases, or lets any single room more than twice in a twenty-four-hour period.
ADULT MASSAGE PARLOR — An establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered characterized by an emphasis on sexual activities or anatomical areas.
ADULT MODELING STUDIO — An establishment whose primary business is the provision to customers of figure models who are so provided with the intent of providing sexual stimulation or sexual gratification to such customers and who engage in sexual activities or display specified anatomical areas while being observed, painted, painted upon, sketched, drawn, sculptured, photographed, or otherwise depicted by such customers.
ADULT SAUNA — A sauna which excludes minors by reason of age, or which provides a steam bath or heat bathing room used for the purpose of bathing, relaxation, or reducing, using steam or hot air as a cleaning, relaxing, or reducing agent, if the service provided by the sauna is distinguished or characterized by an emphasis on sexual activities or anatomical areas.
SEXUAL ENCOUNTER ESTABLISHMENT — An establishment other than a hotel, motel, or similar establishment offering public accommodations, which, for any form of consideration, provides a place where two or more persons may congregate, associate, or consort in connection with specified sexual activities or the exposure of anatomical areas. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in sexual therapy.
Restrictions. Adult use establishments shall be permitted subject to the following restrictions:
The establishment of any adult use shall be restricted to areas within the RA District.
No more than one adult use establishment shall be located on any lot.
Any adult use establishment shall be located no closer than within 2,500 feet of the parcel boundary of existing adult use establishment.
No adult use establishment shall be located within 1,000 feet of the property line of a parcel on which is located a public or private school, day care facilities, public libraries, public parks and playgrounds, place of worship, community and youth recreation centers, cemeteries, and federal, state, or local registered historic sites.
No adult use establishment shall be located within 1,000 feet of any single-family, two-family, or multiple-family dwelling, and any lawful accessory dwellings.
The adult use shall be conducted entirely within an enclosed building, and no part of the adult use shall be visible from a public right-of-way.
No outside displays or advertising other than an approved sign shall be allowed.
§ 84-29 Agricultural produce stand.
Intent. Agricultural produce stands are encouraged to promote the development of direct marketing to the public of agricultural goods locally produced and minimally processed. Agricultural produce stands may not interfere with traffic safety and shall not detract from the essential character of the zoning district in which it is located.
Permit required. The owner and operator of an agricultural produce stand shall adhere to all applicable rules and regulations governing the creation or modifications of structures for the proposed uses to be performed within the structure. Likewise, said owner shall obtain all applicable permits and licenses for food storage and handling for lawful operation of the stand. A building permit issued for said use shall indicate the hours of operation, the building construction and maintenance standards that must be adhered to in order for the permit to maintain its validity, the length of permit validity, applications, and fees shall be established by the Town.
Signage. Signage on the premise shall conform with all applicable restrictions for the district in which the agricultural produce stand is located.
Number of stands. A permit shall not be issued for more than one agricultural produce stand per parcel.
Setbacks. Agricultural produce stands shall be set back not less than 20 feet from a public road right-of-way. All other setbacks pertaining to detached accessory buildings as set forth in this chapter shall be adhered to.
Parking, ingress, and egress. Parking shall be provided such that it creates no reasonably foreseeable hazard for ingress and egress to the stand. Standard residential and farming driveways, gravel, and macadam surfaces are the preferred surfacing for parking.
No permit shall be required for agricultural produce stands that meet each of the following requirements:
Is temporary, portable, and covers less than 150 square feet in area;
Is able to operate without a utility connection;
By reason of placement, does not interfere with or create a reasonably foreseeable danger to traffic;
Provides sufficient space for safe traffic ingress, egress, and parking;
Trash is properly disposed of and the stand area is maintained in a tidy manner.
§ 84-30 Aquaculture facility.
Minimum requirements. In any district where permitted, aquaculture facilities shall conform to the following standards, which shall be regarded as minimum requirements:
State and federal requirements. Aquaculture facilities shall comply with all applicable NYSDEC other New York State regulations and applicable federal requirements.
Views. Any structures or outside storage areas shall be adequately screened from view of abutting properties.
Noise. The facility shall not emit noise in excess of 60 decibels at any adjoining property line. The Planning Board shall consider the potential impact on surrounding properties from the duration, pitch and frequency of use of the facility in reviewing an application for the special use permit.
Deliveries. Deliveries and shipments shall be kept to a minimum and should not exceed four deliveries and shipments per day. Impacts on local roads and residential areas shall be avoided or mitigated to maximum extent practicable.
Air pollution. Adverse air impacts shall be avoided or mitigated to the maximum extent practicable.
Setbacks. All facilities shall be located a minimum of 1,000 feet from the nearest residential structure not owned by the owner or operator of the facility.
Lot size. Aquaculture facilities shall not be located on a parcel less than five acres without an area variance.
Application notification. All owners of property located within 1,000 feet of the property upon which an aquaculture facility is proposed shall be notified of such application prior to a public hearing before the Planning Board.
Performance guarantee. No Certificate of Compliance shall be issued until all improvements shown on the site plan are installed or a sufficient performance guarantee has been posted for improvements not yet completed. The sufficiency of such performance guarantee shall be determined by the Planning Board and it may consult with the Code Enforcement Officer, Town Attorney and other appropriate parties in making such determination.
§ 84-31 Auto body and paint shop and auto service repair garage.
Minimum requirements. In any district where permitted, auto body and service or repair garages shall conform to the following standards, which shall be regarded as minimum requirements:
Setbacks. No service station shall be located within 250 feet of a single-family dwelling or within 500 feet of another service station.
Storage. The storage of vehicles, vehicle parts, dismantled vehicles, or equipment and similar articles shall not be permitted within 20 feet of a residential parcel or in any required yard, landscaped, or buffer area, and shall be visually concealed as viewed from a public roadway or abutting residence. Old tires that are offered for sale may be placed outside during normal business hours but shall be stored in a rack. Old tires to be scrapped or sold for junk shall be stored either inside a building or screened from public view through any combination of landscaping, mounding or fencing to effectively screen stored materials. No material or merchandise shall be stored or allowed to accumulate to a height of more than the height of the effective screening.
Vehicle storage. All motor vehicles on the premises shall carry a current registration or work order with a completion date not to exceed 90 days. Motor vehicles without valid registration and a work order shall be deemed junk, and may not be stored on the premise.
Work conditions. All repair work is to be performed within a building. Automobiles waiting to be serviced or stored on the premises shall not encroach on any required yard area. Wrecked automobiles being held for insurance adjuster inspection may be stored for a period of 30 days and shall be stored in the rear of the premises or visually concealed as viewed from a public roadway or abutting residence.
Vehicle parking. No vehicles shall be parked, or left standing within 35 feet of a public road right-of-way.
Setback for performances of services. All servicing shall be more than 50 feet from any lot line.
Storage of waste materials. Until lawfully disposed of, all discarded parts, fluids, and similar waste shall be stored in an enclosed structure or fenced area so as not to be visible from adjacent residential properties. No such waste materials may be disposed of on the lot.
Lighting. Exterior lighting proposed for the site shall be planned, erected, and maintained to not cast direct light or glare upon adjacent properties or upon any public right-of-way.
Screening. An opaque or vegetative screening treatment shall be provided on all sides of the property that are adjacent to residential properties.
§ 84-32 Auto dealership.
In any district where permitted as a special use, an auto dealership shall conform to the following standards, which shall be regarded as minimum requirements.
Frontage. The lot frontage and width shall be at least 150 feet or the minimum frontage permitted in the district, whichever is greater.
Parts and junk storage. All automobile parts, including tires and dismantled vehicles, are to be stored within a building or concealed from public view. Old tires that are offered for sale may be placed outside during normal business hours but must be stored on a rack. Old tires to be scrapped or sold for junk must be stored inside a building or visually concealed as viewed from a public roadway or abutting residence.
Conduct of outdoor services. All repair work is to be performed within a building. Automobiles waiting to be serviced or stored on the premises shall not encroach on any required yard area. Wrecked automobiles being held for insurance adjuster inspection shall be stored for a period not to exceed 30 days and shall be stored in the rear of the premise, visually concealed as viewed from a public roadway or abutting residence.
Service area setbacks. All service sites shall be so arranged as to restrict all servicing on the premises to not less than 50 feet from any lot line. Insofar as possible, all repair and service work shall be accomplished indoors.
Lighting. Exterior lighting proposed for the site shall be planned, erected, and maintained in such a manner that it will not cast direct light or glare upon adjacent properties or upon any public right-of-way. No light source shall be higher than 20 feet.
Stock and storage setbacks. The storage of vehicles or equipment shall not be permitted within 20 feet of a residential district boundary or in any required yard, landscaped, or buffer area. All automobile parts, dismantled vehicles, and similar articles shall be stored within a building or visually concealed as viewed from a public roadway or abutting residence.
Merchandise signage. Each vehicle for sale is permitted one window sign that shall not exceed the dimensions of the window on which it is displayed. Such signage shall not count against the maximum aggregate area for all other permissible signs on the site. Merchandise signage requirements shall only apply to stock-in-trade which is stored outdoors and viewed from a public roadway.
§ 84-33 Bed-and-breakfast.
In any district where allowed as a special use, a bed-and-breakfast shall conform to the following standards, which shall be regarded as minimum requirements.
Establishment as residence. The owner of the bed-and-breakfast must reside in and continue to reside in the dwelling as their principal residence. The owner shall provide upon request a sworn statement certifying to such residency upon request of the Code Enforcement Officer.
Guest rooms. The bed-and-breakfast shall be limited to a maximum of eight guest rooms.
Parking. The applicant shall meet all requirements for the provision of off-street parking at the rate of one parking space per room. On-site parking shall be adequately screened from the neighboring properties.
Telephones. A telephone shall be available for occupant use with emergency numbers and the address of the establishment posted.
License to operate. A business license shall be required with each application and renewal.
On premise businesses. No other on-site home-based business as defined in this chapter may be conducted on the premises. Off-site home-based businesses are permitted as of right in any district. Meals may be served to guests only and no meals may be served to the general public. As such, a public dining room or bar is expressly prohibited.
Fire safety. The applicant shall comply with applicable State and local fire and building codes as required by the Uniform Building Codes. A smoke alarm and a household size fire extinguisher shall be present in each guest room.
Signs. All signage for the premise shall comply with applicable sign regulations of the zoning district in which said establishment is located.
Occupancy. Guest occupancy may not exceed 21 consecutive days.
Additional conditions. The Planning Board shall have the right to impose and include any additional conditions it deems necessary to realize the purpose of this chapter.
In addition to the above criteria, bed-and-breakfasts located in the R-1 District are additionally required to meet these standards:
Outside appearance. A bed-and-breakfast establishment exterior shall appear as any other single-family residence within the surrounding area.
Parking. The total number of parking spaces will be determined based on applicable dimensional criteria provided in Article V, Parking. The ratio of one guest room per parking space will determine the maximum number of rental units (not including owner/operator parking or rooms) when applied to the available parking figures.
On-site parking setbacks. On-premise parking areas for bed-and-breakfasts in this the R-1 District shall not be located within 15 feet of any residential property line.
§ 84-34 Car wash.
A special use permit is required for the establishment of a car wash. In addition to all requirements put forth by the special use permit, the operator of said use shall adhere to the following conditions:
Conduct of services. All washing and machine-drying operations shall be conducted within a structure.
Ingress and egress. The building exit for automobiles shall be set back sufficiently from the nearest point of any right-of-way line, for purposes of safe ingress and egress.
Service area setbacks. No washing, vacuuming, steam-cleaning, waxing, polishing, nor machine-drying operation, nor building within which such operations are conducted, shall be permitted within 100 feet of a preexisting residential building.
Screening. All lot lines abutting residentially zoned or used property shall be screened by means of a solid masonry wall, opaque fence, or evergreen hedge of a design acceptable to the Planning Board. Such screen shall not be less than six feet nor more than eight feet in height and shall be maintained in good condition throughout the life of the use.
§ 84-35 Commercial extraction.
Purpose. The Johnstown Town Board recognizes that sand, gravel and rock resources within the Town arc an important and beneficial contribution to the economy of the Town and the welfare of its citizens. To provide utilization of these resources in a manner compatible with nearby residential areas and to ensure restoration of commercial extraction areas at the conclusion of operations in such a manner as to conform to the Town Master Plan, this section is hereby established:
Special use permit required. Except when incidental to permitted construction activities on the same lot or associated with an agricultural use, the excavation, processing and sale of topsoil, sand, gravel, clay or other natural mineral deposit or the quarrying of any kind of rock formation for commercial purposes, is subject to a special use permit by the Planning Board.
Permit requirements. Before issuing a permit for such use the Planning Board shall find that such excavation or quarrying will not endanger the stability of adjacent land or structures nor constitute a detriment to public welfare, convenience or safety by reason or excessive dust, noise, traffic congestion or other condition. The Planning Board may specify any reasonable requirements to safeguard the public health, safety and welfare in granting such permit, including the following:
The plans showing the slope of material in such topsoil, sand, gravel, clay or other pit are to be prepared by a licensed New York State Engineer based on detailed soils analysis.
The top and the base of such slope shall not be nearer than 50 feet to any property line nor nearer than 100 feet to the right-of-way line of any street or highway.
All commercial excavation will require the construction and maintenance of a security fence a minimum of 40 feet from all operations. Also any excavation with 250 feet of a high wall, street or road are to be protected with highway control barriers, a minimum of 40 feet from the excavation.
Restoration and rehabilitation of the commercial excavation area shall be a continuing operation during each year and the area quarried shall be regraded and drained so as to assure conformance with the public health, safety and welfare. Approvals by the New York State Department of Environmental Conservation for all phases of the permit are to be provided to the Town.
A copy of the required performance bond is to be provided for the Town records.
All mining shall be in compliance with the New York State Mining Reclamation Act.
§ 84-36 Concentrated Animal Feed Operation (CAFO).
Special use permit required. A special use permit shall be required for any animal feeding operation which meets the requirements of this section.
Definition. Concentrated Animal Feed Operation or CAFO is an animal feeding operation which meets the following requirements:
New and existing operations which stable or confine and feed or maintain for a total of 45 days or more in any twelve-month period, more than the numbers of animals specified in any of the following categories:
One thousand slaughter or feeder cattle;
Seven hundred mature dairy cattle (whether milkers or dry cows);
Two thousand five hundred swine weighing over 55 pounds each;
Five hundred horses;
Ten thousand sheep or lambs;
Fifty-five thousand turkeys;
One hundred thousand laying hens or broilers when the facility has unlimited continuous flow watering systems;
Thirty thousand laying hens or broilers when facility has liquid manure handling system;
Five thousand ducks;
One thousand animal units from a combination of slaughter steers and heifers, mature dairy cattle, swine over 55 pounds and sheep.
New and existing operations that discharge into navigable waters either through a man-made ditch, flushing system, or other similar man-made device, or directly into surface waters of the State of New York, and which stable or confine and feed or maintain for a total of 45 days or more in any twelve-month period, more than the numbers of animals specified in any of the following categories:
Three hundred slaughter or feeder cattle;
Two hundred mature dairy cattle (whether milkers or dry cows);
Seven hundred fifty swine weighing over 55 pounds;
One hundred fifty horses;
Three thousand sheep or lambs;
Sixteen thousand turkeys;
Thirty thousand laying hens or broilers when the facility has unlimited continuous flow watering systems;
Nine thousand laying hens or broilers when facility has liquid manure handling system;
One hundred fifty ducks;
Three hundred animals from a combination of slaughter steers and heifers, mature dairy cattle, swine over 55 pounds and sheep.
CAFO requirements. In any zoning district where CAFOs are allowed pursuant to the Schedule of Uses attached, such use shall only be allowed upon review and issuance of a special use permit and site plan approval and shall meet the following requirements:
The parcel devoted to a CAFO must have a minimum of 50 acres;
The required buffer between any aspect of a CAFO and the parcel boundary line shall be 300 feet;
CAFOs must comply with the NYSDEC regulations for discharge permits;
A plan for best management of animal waste products must be submitted as part of the special use permit or site plan application.
§ 84-37 Home occupation.
Home occupation, on site service. An on-site home occupation, as defined in this chapter, may be permitted in any zoning district and shall be subject to the conditions of a special use permit. Such use shall conform to the following criteria, which shall be minimum requirements:
Maximum floor area. No more than 15% of the total floor area of a dwelling unit or 500 square feet, which ever is less, may be used for such use.
Conduct of services. The use shall be conducted wholly within the enclosing walls of the dwelling unit or accessory building.
Signage. There shall be no external evidence of such use except for one sign not exceeding two square feet. The area of such signage shall count towards the total aggregate signage are for the premise. Such signs shall not emit any flashing or intermittent illumination.
Residential appearance. No external structural alterations, which are not customary to a residential building, shall be allowed.
On-site wholesaling and retailing prohibited. Any form of business whose primary function is the wholesale or retail sale of goods or articles from the premises shall not be considered a home occupation.
Traffic. The use shall not result in or cause vehicular traffic that will create a nuisance to abutting properties or be detrimental to the residential character of the neighborhood.
Additional conditions. Such uses shall also be subject to any other conditions the Planning Board deems necessary to meet the intent of these requirements.
§ 84-38 Junkyards.
Purpose. The purpose of this section shall be to promote the health, safety, and general welfare of the community, including the protection and preservation of the property of the Town of Johnstown and its inhabitants, by establishing specific requirements and regulations governing the siting and operation of junkyards.
Restrictions. Junkyards shall be permitted subject to the following restrictions:
The establishment of any junkyard shall be restricted to areas within the RA District.
Any junkyard shall be located no closer than within 2,500 feet of the parcel boundary of existing junkyard.
No junkyard shall be located within 1,000 feet of the property line of a parcel on which is located a public or private school, day care facilities, public libraries, public parks and playgrounds, place of worship, community and youth recreation centers, cemeteries, and federal, state, or local registered historic sites.
No junkyard shall be located within 1,000 feet of any single-family, two-family, or multiple-family dwelling, and any lawful accessory dwellings.
No part of the junkyard shall be visible from a public right-of-way.
§ 84-39 Mobile home parks.
Purpose. The purpose of this section shall be to promote the health, safety, and general welfare of the community, including the protection and preservation of the property of the Town of Johnstown and its inhabitants, by establishing specific requirements and regulations governing the occupancy and maintenance of mobile homes, mobile home parks, travel trailers and trailer camps.
Permit required. No person, partnership, association or corporation being the owner or occupant of any land within the Town of Johnstown shall use or allow the use of such land for a mobile home park or trailer camp unless a permit has been obtained as herein provided.
Issuance of permit. The Code Enforcement Officer of the Town of Johnstown shall issue a permit, to be effective from the day of issuance. This permit shall not be issued by the Town Code Enforcement Officer until the CEO has received:
Nontransferable. A permit issued pursuant to this section shall not be transferable or assignable.
Supplemental permit. Any person holding a permit for mobile home park or trailer camp and desiring to add additional lots to such park or camp shall file an application for a supplemental permit. The application for such supplemental permit shall be accompanied by 10 complete sets of plans and specifications as required by Subsection I, Application Data, hereafter. The application for a supplemental permit shall be filed and handled according to the procedure established in this section. When approved and upon receipt of the required fee, the Code Enforcement Officer of the Town shall issue a supplemental permit, which shall be effective from the date of issuance.
Permit fees. The annual fee for a mobile home park Permit shall be set by the Town Board.
Enforcement. The Code Enforcement Officer of the Town of Johnstown shall enforce all of the provisions of this section. Such Code Enforcement Officer shall have the right, at all times, to enter and inspect any mobile home park, trailer camp and other premises used for the parking or placement of a mobile home.
Application procedure. An applicant for a permit issued pursuant to this section shall adhere to the procedures enumerated hereunder.
Referral to county. An application for a mobile home park or trailer camp permit shall be submitted to the Fulton County Planning Department at least seven days in advance of a regularly scheduled Planning Board meeting. Each application for a mobile home park or trailer camp shall be made in writing and signed by the applicant. Attached to said application shall be 10 copies of a proposed mobile home park or trailer camp site plan which has been prepared by a licensed engineer or surveyor.
Review by Planning Board. The Planning Board shall review the general arrangement of the mobile home park or trailer camp. This shall include a review of: location and width of streets; the location, size and arrangement of lots; the location of other structures within the park or camp; the location of entrances and exits; and the location, type and extent of landscaping and screening materials. If the applicant fails to submit sufficient information to the Planning Board, said application shall be deemed incomplete and returned to the applicant. Once an application is determined to be complete, the Planning Board shall set a date for a public hearing.
Public hearing. The Planning Board shall fix a time within 62 days from the day the Planning Board determines an application for a mobile home park or trailer camp permit to be complete, for a public hearing on the application. A public notice of such hearing shall be published in the Town's official newspaper at thereof. Within 62 days after such public hearing the Planning Board shall approve, approve with modifications or disapprove the application for a mobile home park or trailer camp permit. Failure of the Planning Board to act on such matter within 62 days shall constitute approval of the application.
Decision. The written decision of the Planning Board on an application for a mobile home park or trailer camp permit shall be immediately filed in the office of the Town Clerk, the Town Code Enforcement Officer and a copy thereof mailed to the applicant.
Application data. The following information shall be provided by the applicant for permits issued pursuant to this section:
The name and address of the applicant; or the name and address of each partner if the applicant is a partnership; or the name and address of each officer and director if the applicant is an association or corporation.
The location and description of the land that is proposed to be used as a mobile home park or trailer camp.
The number of lots to be provided in such park or camp.
Topographic contours at two-foot intervals.
Location of watercourses, NYS DEC classified streams, marshes, legal wetlands and areas subject to flooding.
Wooded areas.
A location map which shows all land within 300 feet of the proposed park or camp and all structures on the land which abuts the proposed park or camp.
The location, name and widths of all adjacent streets.
The location of all water lines and utilities within and adjacent to the proposed site.
The location and widths of all entrances, exits, streets and walkways.
The location, size and arrangement of each lot within the park.
The method and plan for electric lighting.
The location and plan of all proposed structures and improvements.
Any proposed grading and plans for landscaping.
Any proposed stormwater drainage.
Any proposed utilities.
Any public improvements proposed by the Town in or adjoining the proposed park.
Existing zoning.
Any proposed signage.
Requirements for mobile home parks. The following standards and requirements shall be adhered to or secured by permittee:
Site.
The park shall be located in areas where grades and soil conditions are suitable for use as mobile home sites.
The park shall be located on a well-drained site which is properly graded to ensure rapid drainage and be free at all times from stagnant pools of water.
The park shall be free from heavy or dense growth of brush and woods.
The park shall be at least two acres in size and shall have 100 feet of frontage on a public road.
Mobile home lot.
Mobile homes.
No mobile home shall be parked or otherwise located nearer than a distance of:
At least 25 feet from an adjacent mobile home in any direction.
At least 30 feet from an adjacent property line.
At least 100 feet from the right-of-way line of a public street or highway, unless by special use permit.
At least 10 feet from the nearest edge of any roadway located within the park.
Mobile home stand.
Each mobile home lot shall have a mobile home stand which will provide for the practical placement on and removal from the lot of both the mobile home and its appurtenant structures and the retention of the home on the lot in a stable condition.
The stand shall be of sufficient size to fit the dimensions of the anticipated mobile homes and their appurtenant structures or appendages.
The stand shall be constructed of an appropriate nonporous material which is durable and adequate for the support of the maximum anticipated loads. Minimum accepted standard would be a six inches concrete monolithic pad reinforced per American Concrete Institute Standards.
The stand shall be suitably graded to permit proper surface drainage.
All mobile homes to be provided with fill skirting or equal per National Manufacturers Home Standards.
Accessibility.
Each mobile home park shall be easily accessible from an existing public highway or street.
Where a mobile home park has more than 16 mobile homes, 2 points of entry and exit shall be provided, but in no instance shall the number of entry and exit points exceed four. Such entrances and exits shall be designed and strategically located for safe and convenient movement into and out of the park and to minimize friction with the free movement of traffic on a public highway or street.
All entrances and exits shall be essentially at right angles to the existing public highway or street.
All entrances and exits shall be free of any material which would impede the visibility of the driver on a public highway or street.
All entrances and exits shall be of sufficient width to facilitate the turning movements of vehicles with mobile homes attached.
Each park shall have improved streets to provide for the convenient access to all mobile home lots and other important facilities within the park. Streets shall be improved to at least meet minimum Town Highway Department specifications less pavement. Shoulders on both sides shall be widened to not less than five feet and adequate drainage facilities shall be provided.
The street system shall be so designed as to permit safe and convenient vehicular circulation within the park.
Streets shall be adapted to the topography and shall have suitable alignment and gradient for traffic safety.
All streets shall intersect essentially at right angles.
All streets shall have the following minimum widths:
One-way traffic movement, 12 feet.
Two-way traffic movement, 20 feet.
Except in cases of emergency, no parking shall be allowed on such streets.
Parking.
One off-street parking space shall be provided on each mobile home lot. The parking space shall be of similar construction and grading as the mobile streets. Such space shall have a minimum width of nine feet and a minimum length of 30 feet.
Additional off-street parking spaces shall be provided at strategic and convenient locations for guests and delivery and service vehicles.
There shall be one such parking space for each two mobile home lots within the park.
Such parking space shall be provided in bays which shall provide for adequate maneuvering space.
Utilities and service facilities. The following utilities and service facilities shall be provided in each mobile home park, which shall be in accordance with the regulations and requirements of the Town of Johnstown, the New York State Department of Health and the Sanitary Code of the New York State Department of Environmental Conservation:
An adequate supply of pure water for drinking and domestic purposes shall be supplied by pipes to all mobile home lots and buildings within the park to meet the requirements of the park. Each mobile home lot shall be provided with proper water connections.
Each mobile home lot shall be provided with a sewer, which shall be connected to the mobile home situated on the lot, to receive the waste from the shower, tub, flush toilets, lavatory and kitchen sink in each home. The sewer shall be connected to a public or private sewer system so as not to present a health hazard. Sewer connections in unoccupied lots shall be so sealed as to prevent the emission of any odors and the creation of breeding places for insects.
Metal garbage cans with secure and snug covers shall be provided in quantities adequate to permit the disposal of all garbage and rubbish. The cans shall be kept in sanitary condition at all times. The cans shall be located no further than 200 feet from any mobile home lot. Garbage and rubbish shall be collected and disposed of as frequently as may be necessary to ensure that such cans shall not overflow.
Service buildings shall be provided as deemed necessary for the normal operation of the park; however, such buildings shall be maintained by the owner or manager of the park in a clean, tidy and sanitary condition.
Each mobile home lot shall be provided with weatherproof electrical service connections and outlets which arc a type approved by the New York State Board of Fire Underwriters.
Open space. Each mobile home park shall provide common open space for use by the occupants of such park. Such open space shall be conveniently located in the park. Such space shall have a total area equal to at least 10% of the gross land area of the park.
Landscaping. Lawn and ground cover shall be provided on those areas not used for the placement of mobile homes and other buildings, walkways, roads and parking areas. Planting shall be provided to the extent needed in order to provide for the screening of objectionable views, adequate shade and a suitable setting for the mobile homes and other facilities.
Screen planting shall be provided to screen objectionable views. Views which shall be screened include laundry facilities, other nonresidential uses, garbage storage and collection areas and all abutting yards of adjacent properties.
Other planting may be required along those areas within the park which front upon existing public highways and streets to reduce glare and provide pleasant outlooks for the living units.
Property maintenance. Each stand or lot shall be maintained in an orderly manner. The use of a storage shed not to exceed 144 SF on each stand or lot shall be required for the storage of equipment and other personal property.
Recording. The owner or operator of each mobile home park shall keep a written record of all persons occupying or using the facilities of such park. This record shall be available for a period of at least one year from date of occupancy. This record shall include:
Travel trailers in mobile home parks. The placement and use of travel trailers shall adhere additionally to the conditions contained hereunder.
Conform with mobile home park standards. All travel trailers which are to be placed on the same lot of record with mobile homes shall be arranged into a trailer camp in a manner as defined in this section. All mobile homes on such land parcel shall be arranged into a mobile home park as defined in this chapter. Travel trailers shall not be occupied for more than six months of the year.
Separate physical location. When a trailer camp and mobile home park are to be combined on the same legal parcel of land, such trailer camp and mobile home park shall have separate physical locations on the parcel of land.
Mobile home park. When the parcel of land is divided for mobile home park and trailer camp uses, the provisions contained in Section J, Requirements for mobile home parks, above shall apply to that portion of the land to be used as a mobile home park, except as herein provided.
Trailer camp. When the parcel of land is divided for mobile home park and trailer camp uses, the provisions contained in § 84-44, Travel Trailer and RV Parks, shall apply to that portion of the land to be used for a travel trailer park, except as herein provided.
Minimum parcel size. The parcel of land which is to provide for both a mobile home park and trailer camp shall be at least four acres in size.
Location on lot of record. Where practicable, that portion of the land to be used as a trailer camp shall be located adjacent to a public highway or street. Where practicable, the trailer camp and the mobile home park shall each have separate points of entry and exit. Where the parcel of land fronts on two or more existing public highway of streets, the trailer camp shall be located adjacent to the public highway or street that is most heavily traveled.
Buffers. The trailer camp and mobile home park shall be physically separated by a parcel of land at least 15 feet in width along all areas where the trailer camp abuts the mobile home park. Such parcel of land shall be properly landscaped with appropriate planting materials so that the view of such trailer camp from the mobile home park is adequately screened.
Revocation of permits.
Written order. If the Code Enforcement Officer finds and reports to the Town Board that a mobile home park or a trailer camp for which a permit has been issued is not being maintained in a clean and sanitary condition or is not being operated in accordance with the provisions of this section, the Town Board may, by resolution, authorize the delivery to the holder of the permit of a written order which will require said holder to correct the conditions specified in such order within 10 days after the service of such order.
Revocation of permit. If the holder of such permit refuses or fails to correct the condition or conditions specified in such order within 10 days after the personal service of such order, the Town Board may, by resolution, revoke such permit and the holder of the permit shall thereupon terminate the operation of such mobile home park or trailer camp.
Correction of violations. However, if the owner or operator of such mobile home park or trailer camp shall thereafter correct such conditions and bring the mobile home park or trailer camp into compliance with this section, such owner may then apply for the issuance of a new permit for such park or camp, and if the application is approved and a permit is granted, the applicant shall pay to the Town Clerk the fee required by this section without any credit for the fee paid for the permit which was revoked.
Exceptions. No provision of this section shall apply to the following activities or uses:
Sales. The business of mobile home or travel trailer sales, except that where units are used as living quarters, they shall conform to the provisions of this section.
Storage or garaging. The storage or garaging of travel trailers not being used for living or sleeping purposes within a building or structure, or the storage of one unoccupied mobile home or travel trailer on premises occupied as the principal residence by the owner of such mobile home or travel trailer; provided, however, that such unoccupied mobile home or travel trailer shall not be parked or located between the street line and the front building line of such premises.
Field office. A mobile home or travel trailer located on the site of a construction project, survey project or other similar work project and which is used solely as a field office or work or tool house in connection with such project, provided that such mobile home or travel trailer is removed from such site within 30 days after the completion of such project.
Modular homes. Modular homes as defined in this chapter, and which has a minimum width of 18 feet for its entire length and contains a minimum of 720 square feet of usable living space.
§ 84-40 Riding stables and academies.
Permit required. No person being the owner or occupant of any land within the Town of Johnstown shall use or allow the use of such land for a riding academy or the stabling of horses, ponies, or both unless a permit has been obtained. Refer to § 84-18, Animal Husbandry, for additional requirements. Also see the definition of "animal husbandry" in this chapter.
Standards for riding stables and academies. The following minimum standards shall apply to all riding stables and academies subject to this section:
Stabling. Any animal or animals must be housed in or have access to a garage, barn, stable or shelter conforming to this chapter. They must be properly fenced or on a leash at all times while on the property and when not confined. There must be no offensive fumes, odors or vermin or conditions otherwise detrimental to the public health or safety.
Setbacks of stables. Stables and similar shelters shall conform with setbacks established for accessory buildings.
Interference with drainage. There must be no interference with drainage to the extent of being injurious to streams, adjacent land, or buildings.
Designated trails. Designated trails shall not cross a public way, road, street or highway unless by prior approval of the Planning Board.
Lighting. If outdoor lighting is provided for riding areas, the applicable setbacks shall be doubled for such facilities. All lighting shall be so located as not to be visible at the source from any adjoining property.
Preexisting structures. The use of existing barns and structures is to be encouraged. Such existing buildings will be exempt from applicable setback requirements.
Animal waste. Refer to Appendix A - Use Table for the Zoning Districts where manure is allowed to be stored. Provisions shall be made for removal or handling of manure in such a manner that does not pollute ground or surface water or create a public nuisance. Storage of manure shall not be closer than 100 feet from any property line and shall also be completely screened from adjoining property and public roads.
Foals over six months. The applicant shall be permitted to regularly maintain no more than 10 horses over six months old on the premises for the first 10 acres of contiguous property owned by the applicant. The keeping of an additional one horse over six months old shall be permitted for each additional 1/2 acre of contiguous property in excess of 10 acres owned by the applicant.
Impacts on water supplies. In reviewing any application for a stable or riding academy, the Planning Board shall consider the drainage, percolation and topography of the proposed site and its proximity to public or private water supplies.
Special use permit considerations. In granting any special use permit pursuant to this chapter for a riding stable or academies, the Planning Board shall consider the frequency of events, hours during which events may be permitted, the maximum number of people that may be expected to attend such events, provisions for crowd and traffic control and intrusiveness of noise upon neighboring residences, including the nature of and decibel level of sound amplifications systems.
§ 84-41 Special events.
Application and review. Prior to the event, a completed event application shall be submitted to the Town Board requesting approval. The Town Board may forward the application to the Planning Board for guidance. A decision on the application shall be made within 62 days of receipt of the application.
Standards. The event shall provide adequate sanitations facilities, sufficient parking and crowd control measures as determined by the Planning Board.
Issuance of permit. Upon approval of the Town Board, the Code Enforcement Officer has the authority to issue the event permit.
Disapproval of permit. Upon disapproval of the event permit, the Town Board shall so inform the Code Enforcement Officer and the Code Enforcement Officer shall deny the event permit to the applicant. The Town Board shall also notify the applicant in writing within five business days of its decision and its reasons for disapproval. Such disapproval shall be filed with the Town Clerk.
§ 84-42 Small wind energy systems.
Purpose. The requirements of this article are established for the purpose of allowing the residents and businesses of the Town to use small wind energy systems to harness wind energy for individual properties in order to reduce consumption of off-site energy while protecting the public health, safety, and general welfare. Small wind energy systems shall be subject to a special use permit, as established in this chapter and section.
Definitions. The following terms whenever used in this section shall have the meanings as set forth below. Any such terms used in the singular shall be held to include the plural. Any such terms or any other terms not defined in this section used in the masculine shall be held to include the feminine. In this section, any references to a governmental agency, official, or entity, shall also include any subsequent name designation, successors in interest or in jurisdiction.
The Federal Aviation Administration of the United States Department of Transportation.
Any cable or wire that extends from a small wind energy system for the purpose of supporting the system structure.
A wind energy conversion system consisting of one or more single wind turbines, one or more towers, and associated control or conversion electronics that generates power for an individual property for the purpose of reducing on-site energy consumption. A system designed to produce in excess of 100 kilowatts of capacity shall not be considered a small wind energy system.
A small wind energy system.
The height above grade of the highest point of the arc of the blades.
The upright portion of a small wind energy system to which the primary generator devices are attached.
Application for special use permit.
An approved special use permit for a small wind energy system shall be required prior to submitting an application for a building permit of said system when one or more of the following is true:
The system height is greater than the maximum height of building limitations described in Appendix B for each zoning district;
The parcel on which the system is to be located is smaller then four acres;
The parcel on which the system is to be located does not contain an existing lawful residence, institution, or business;
The system is to be mounted on an existing or proposed building.
An approved special use permit shall identify and fix the location of the proposed system.
All parts of the structure of a small wind energy system, including the tower, base, footings, and turbine but excluding guy cables and their anchors, shall be set back a distance of not less than 110% of the system height from all adjacent property lines and a distance of not less than 150% of the system height from any inhabited structure, road right-of-way, railroad right-of-way, and right-of-way for overhead electrical transmission or distribution lines. Guy cables and their anchors shall meet the setback requirements as established in this chapter for accessory structures in the zoning district in which the system is proposed to be located.
Review considerations. In addition to the requirements enumerated in Subpart E, the Planning Board shall consider the following in assessing adverse impacts to the public health, safety, and welfare:
The height of the system relative to the size of the parcel on which the system is proposed to be located;
The need for the proposed height of the system in order to allow the system to operate effectively;
The visual impacts of the system on adjacent properties and the general area in which the system is proposed to be located;
The building density of the general area in which the system is proposed to be located;
Whether a substantial adverse effect on public safety will result from the height of the system or some other aspect of the system's design or proposed construction;
The existing uses on adjacent and nearby properties.
Application for building permit. A building permit application shall only be considered after approval of a site plan for the small wind energy system. The building permit application for said use shall be accompanied by information, designs, and measures that conform with the following provisions:
Purpose. A small wind energy system shall only be used to reduce consumption of off-site energy and shall be used primarily to power on-site facilities and uses. Unused surplus electricity generated through a small wind energy system may be lawfully supplied, with or without compensation, to an off-site electric grid.
Noise. The small wind energy system shall not exceed a noise level of 60 decibels as measured at the closest property line and under typical operating conditions. The noise level may be exceeded during short-term events such as utility outages and/or severe wind storms.
Building code compliance. Building permit applications shall be accompanied by standard drawings of the system structure, including the tower, base, footings, and guy cables. An engineering analysis of the tower showing compliance with the Uniform Statewide Building Code and certified by a licensed professional engineer also shall be submitted. This analysis may be supplied by the manufacturer.
Electric code compliance. Building permit applications for small wind energy systems shall be accompanied by a line drawing of the electrical components of the system showing compliance with the National Electric Code and certified by a licensed professional engineer. This information may be supplied by the manufacturer.
Notifications regarding aircraft. Small wind energy systems shall comply with all applicable regulations of the FAA, including any necessary approvals for installations close to airports. The applicant has the responsibility of determining the applicable FAA regulations and securing all necessary reviews and approvals.
Local utility company notification. If a small wind energy system is to be connected to an off-site utility service provider, the applicant shall notify the electric utility service provider of the applicant's intent to install an interconnected customer-owned electricity generator no later than five business days prior to submitting a building permit application. Copies of letters must be included in the building permit application.
Minimum distances. The distance between any protruding blades utilized on a small wind energy system and the ground shall be a minimum of 15 feet as measured at the lowest point of the arc of the blades. The distance between the lowest point of the arc of the blades and the peak of any structure within 150 feet of the blade arc shall be a minimum of 10 feet.
Radio and television signals. The small wind energy system shall not cause any electromagnetic interference with communications signals, such as radio, television, microwave, or navigation signals. If a signal disturbance problem is identified, the applicant shall correct the problem within 60 days of being notified of the problem.
Appearance. The small wind energy system shall maintain a galvanized neutral finish or be painted to conform the system color to the surrounding environment to minimize adverse visual effects. No small wind energy system shall have any signage, writing, pictures, or decorations placed on it at any time other than warning, equipment, and ownership information. No small wind energy system shall have any flags, streamers, banners, and other decorative items that extend from any part of the system placed on it at any time.
Repair. A small wind energy system that is not functional shall be repaired by the owner or removed. In the event that the Town becomes aware of any system that is not operated for a continuous period of three months, the Town will notify the landowner by registered mail and provide 30 days for a written response. The written response shall include reasons for the operational difficulty, the corrective actions to be performed, and a reasonable timetable for completing the corrective actions. If the Town deems the proposed corrective actions, the timetable for completing corrective actions, or both as infeasible or unreasonable, the Town shall notify the landowner and such landowner shall remove the turbine within 120 days of receiving said notice.
Removal upon end of useful life. When a system reaches the end of its useful life and can no longer function as originally designed, the owner of the system shall remove the system within 120 days of the day on which the system last functioned. The owner shall be responsible for the removal of the system and all costs, financial or otherwise, of system removal.
Fencing. The tower shall be enclosed with a fence of at least eight feet in height or the base of the tower shall not be climbable for a distance of 12 feet measured from the base of the tower.
Height. The applicant shall provide evidence that the proposed height does not exceed the height recommended by the manufacturer or distributor of the system.
Required safety features. The small wind energy system shall have an automatic overspeed control to render the system inoperable when winds are blowing in excess of the speeds for which the system is designed and a manually operable method to render the system inoperable in the event of a structural or mechanical failure of any part of the system.
Construction and operation. Any building permit issued pursuant to this article shall allow the owner or operator to operate the system in a manner that does not exceed the provisions established pursuant to this article and any conditions enumerated in an approved site plan.
Application and fees. All applications and fees for administration and enforcement of this article shall be established by the Town.
§ 84-43 Sawmills.
Minimum standards. In any district where permitted, sawmills shall conform to the following standards, which shall be regarded as minimum requirements:
Views. Any structures or outside storage areas shall be adequately screened from view of abutting properties.
Noise. The facility shall not emit noise in excess of 60 decibels (comparable to the decibel level of normal conversation at 3-5 feet) at any adjoining property line. Operations shall seek all possible techniques to minimize noise impacts, including, but not limited to locating machinery within an enclosed structure. The applicant may be required to demonstrate that the facility is not exceeding the maximum allowed decibel level. The Planning Board shall consider the potential impact on surrounding properties from the duration, pitch and frequency of use of the facility in reviewing an application for the special use permit.
Hours of operation. The Planning Board shall condition the hours and days of operations taking into consideration the facilities location and surrounding uses.
Deliveries. Deliveries and shipments shall be kept to a minimum and should not exceed four deliveries and shipments per day. Impacts on local roads and residential areas shall be avoided or mitigated to maximum extent practicable.
Dust and air pollution. Dust shall be controlled in an appropriate manner and shall not be permitted to cross the property line. Adverse air impacts shall be avoided or mitigated to the maximum extent practicable.
Setbacks. The sawmill operation shall be located no less than 1,000 feet from any abutting residential structure not owned by the sawmill operator or landowner and in existence at the time the sawmill operation was established.
Application notification. All property owners of property located within 1,000 of the property upon which a sawmill operation is proposed shall be notified of such application prior to a public hearing before the Planning Board.
Lot size. Sawmill operations shall not be located on a parcel less than 15 acres without an area variance.
§ 84-44 Travel trailer and RV parks.
Minimum standards. Travel trailer or recreational vehicle park shall require a special use permit. The following development and maintenance standards shall be considered minimum.
Driveways. All travel trailer or RV parks shall have interior driveways service each travel trailer or recreational vehicle space, such driveways being not less than 24 feet in width.
Minimum space. Each travel trailer or recreational vehicle space in such park shall contain a minimum of 1,800 square feet of area, and shall be at least 45 feet in width, and shall front upon a driveway.
Separation distances. Travel trailers or RVs shall be placed on a designated space in such a manner that there will be not less than 15 feet of separation between travel trailers or RVs on adjacent spaces.
Connections and facilities. Each travel trailer or RV park shall provide, at a minimum, the following:
An electrical outlet capable of supplying 4,000 watts at 110 - 220 volts at each travel trailer or RV space.
Hookup apparatus for connection to sewerage or disposal system within the park;
Faucet or bibcock connected to a water supply system within the park; and
At a minimum, a public rest room containing a toilet, sink and shower shall be provided at each park.
Service buildings. Service buildings that house sanitation and/or laundry facilities or any other such facilities shall be permanent structures constructed in accordance will all applicable codes and law of the Town of Johnstown.
Lighting. Each travel trailer or RV park shall be provided with a means of security lighting. All toilet and shower buildings and facilities shall be provided with sufficient lighting facilities, which shall be kept lighted during the time 1/2 hour after sunset and one-half hour before sunrise. All lights on the premise shall be fully shielded fixtures and no light shall be visible from the source by abutting parcels.
Management.
The name of the person with direct management responsibility of the travel trailer or RV park shall be filed for reference with the Town Code Enforcement Officer, who shall be notified within 10 days of any changes of said person. It shall be the responsibility of the owner and operator of the premise to take such measures as may be deemed to be necessary by the Town CEO to protect and promote the health, safety, and welfare of patrons and the general public.
Not more than one travel trailer or RV shall occupy a space within such park.
No permanent addition or structure shall be built onto or become part of any travel trailer or RV located within the park.
The maximum duration of stay by any travel trailer, RV, or individual shall be six months. This shall not apply to a permanent on-premise residence for management and the owner of record for the parcel.
All facilities, connections, and travel surfaces shall be maintained in good operating condition.
§ 84-45 Travel trailer outside parks.
Travel trailers. Travel trailers are not permitted to be occupied for more than six months in one year when located outside of a mobile home park or trailer camp.
§ 84-45.1 Solar energy facilities: zoning regulations.
[Added 9-18-2023 by L.L. No. 3-2023; amended 10-8-2025 by L.L. No. 3-2025]
Title. The Johnstown Town Code is hereby amended to include zoning regulations applicable to solar energy facility permits.
Purpose and intent. The purpose of this section shall be to provide for the reasonable and orderly siting, and development of solar energy systems to better ensure the reduction of potential impacts on adjoining properties, while promoting the effective and efficient use of solar energy resources. The Town of Johnstown supports sustainable renewable energy sources such as solar energy and does not seek to discourage such energy sources from being installed in the Town. However, like any land use, solar energy systems have impacts on the community and neighboring properties which the Town seeks to mitigate so as not to adversely affect the Town's unique character nor impinge on adjacent properties within the Town. This section shall provide standards for the placement, design, construction and operation, of solar energy facilities.
Definitions. The following definitions are as they relate to this solar energy facilities law:
All-encompassing sound that is associated with a given environment, usually a composite of sounds from many sources near and far.
American National Standards Institute.
Any natural person or entity (such as a company or government body) who makes a formal application, petition, or reques for a specific legal remedy, benefit or action to a court, government agency, or other authority.
The geographic area from which a proposed project's visual changes may be seen and evaluated.
As Their Interests May Appear.
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 twelve-volt car battery or an electric motor vehicle).
An electronic system that protects energy storage systems from operating outside their safe operating parameters and disconnects electrical power to the energy storage system or places it in a safe condition if potentially hazardous temperatures or other conditions are identified.
A systematic process that provides documented confirmation that a solar energy system functions according to the intended design criteria and complies with applicable code requirements.
A combination of photovoltaic building components integrated into any building envelope system, such as vertical facades, including glass and other facade material, semitransparent skylight system, roofing materials, and shading over windows. Building-integrated photovoltaic systems are Tier 1 solar energy systems.
Capture light energy, mainly from the red and blue parts of the spectrum, to convert sunlight into chemical energy in a process called photosynthesis.
Climate Leadership and Community Protection Act. A New York State law enacted in 2019, setting ambitious goals for reducing greenhouse gas emissions by 85% by 2050, achieving net-zero emissions statewide by that year, and mandating that 100% of the state's electricity comes from zero-emission sources by 2040.
Artificial barrier constructed to impound, control, or divert water, though specific height and capacity requirements.
The uncontrolled release of water due to structural collapse, foundation instability, or overtopping, posing risks on people and property downstream.
A plan to retire the physical facilities of the project, including but not limited to decontamination, dismantlement, rehabilitation, landscaping, and monitoring.
Standing method for measuring a tree. Also known as DBH.
A financial service where the Town or an independent third party (the escrow agent) holds funds designated for renewable energy projects until specific conditions are met and ongoing maintenance requirements have sufficient funding for completion. This service helps protect the Town's interests and ensures projects proceed smoothly and in accordance with Town Law.
The cumulative land area occupied during the operation of the solar energy facility. This shall include all areas and equipment within the facility's fenced perimeter boundary, including the solar energy system, onsite interconnection equipment, onsite electrical energy storage equipment, fencing, and any other associated equipment - as well as any site improvements beyond the facility's fenced perimeter boundary such as access roads, permanent parking areas, or other permanent improvements. The facility area shall not include site improvements established for impact mitigation purposes, including but not limited to vegetative buffers and landscaping features.
Any section(s) of facility area that is required by regulation or by the Planning Board to be surrounded by solid vinyl and/or any other approved security fence that meets NEC requirements.
A solar photovoltaics (PV) system where the panels are mounted on floating structure on the surface of a body of water, such as lake, reservoir or pond. Sometimes referred to as floatovoltaics.
For the purpose of this section, the terms forest, woods, woodlands, timberlands, wood lot and other reasonably synonymous terms shall describe any contiguous land-area where the dominant cover-type of the land is trees, covering at least 25% of the area. Forests and woods typically have 30 years of uninterrupted growth or has surpassed the shrubland stage of primary succession.[1]
Polyvinyl Chloride, either foam or flexible.
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 solar energy system which is secured to the ground via a pole, ballast system, or other mounting system; is detached from any other structure; and which generates electricity for onsite or offsite consumption. For the purposes of this solar energy facility law, systems affixed to canopies, such as carports in parking lots or driveways, shall be considered a ground-mounted system.
T-shaped three-point turnaround space on a road or driveway, designed primarily for emergency equipment to maneuver safely to the end of a dead-end road. This roadway feature allows a vehicle, such as a fire apparatus, to turn around without needing a circular area.
Any metallic element with an atomic number greater than 23 and density higher than 5 g/cm3, specifically metallic elements or metalloids that are toxic to humans and the environment at low concentrations, including like lead, mercury, cadmium, and arsenic. While some heavy metals such as iron and zinc are essential for life, they can become poisonous in high amounts or in certain forms. These elements are nonbiodegradable, accumulate in living organisms, and are released into the environment through industrial processes, mining, and other human activities, leading to health risks and ecological concerns.
Changes in the location, type of material or method of construction of a solar energy system that will not: (1) increase the system's area by more than 5% (exclusive of moving any fencing) from original approval, (2) result in any new or additional adverse environmental impact not already reviewed and accepted for the project by the Town Planning Board; (3) cause the project to violate any applicable setbacks or other requirements of this section; or (4) cause the project not to conform to the State Environmental Quality Review determination or findings issued by the Planning Board.
Its successors and/or assigns.
A unit of power equal to 1,000 watts. The nameplate capacity of solar energy systems may be described in terms of kW.
Standing body of open water that occurs in a natural depression fed by one or more streams from which a stream may flow, that occurs due to the widening or natural blockage or cutoff of a river or stream, or that occurs in an isolated natural depression that is not a part of a surface river or stream.
Public agency or body with the principal responsibility for carrying out, approving, or managing a project, especially when multiple agencies are involved.
When used in this section, "lot coverage" refers to the area measured from the outer edge(s) of the arrays, inverters, batteries, storage cells and all other mechanical equipment used to create solar energy, exclusive of fencing and roadways. In the case of carport or canopy systems, the area of the carport or canopy system shall not be included in the calculation of "lot coverage".
Is a document that contains information on the potential hazards (health, fire, reactivity and environmental) and how to work safely with the chemical product.
A unit of power equal to 1,000 kW. The nameplate capacity of solar energy systems may be described in terms of MW.
Chemical elements whose properties are intermediate between those of metals and nonmetals. They typically look like metals, but are brittle and act as poor conductors, or semiconductors, of electricity. Common examples of metalloids include Boron, Silicon, and Germanium. They are valueable in electronics, production of alloys, flame retardants, and glass. May also be referred to as semimetals.
Plastic particles less than five millimeters in size.
Soils recognized by the New York State (NYS) Department of Agriculture and Markets as having the highest value based on soil productivity and capability, in accordance with the uniform statewide land classification system developed for the NYS Agricultural Assessment Program.
North American Board of Certified Energy Practitioners.
A solar energy system's maximum electric power output under optimal operating conditions. Nameplate capacity may be expressed in terms of alternating current (AC) or direct current (DC).
Agency of the U.S. Department of Agriculture that provides technical assistance and funding to help private landowners conserve national resources. Also known as NRCS.
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.
North American Vertical Datum of 1988, the mandatory and standardized reference point for official federal surveying data.
National Electrical Code (NEC), also known as NFPA 70, and as amended or revised.
A property not owned or leased by the solar energy system operator, nor having any land use agreement or easement related to the system.
New York State Department of Environmental Conservation, a state agency responsible for conserving, improving, and protecting New York's natural resources and environment. Its mission includes controlling pollution, enhancing the health and safety of state residents, and promoting economic and social well-being through sustainable environmental practices.
New York State Energy Research and Development Authority, a public benefit corporation established to promote clean energy, enhance energy efficiency, and support the state's energy research and development efforts.
Any space or area characterized by natural scenic beauty whose existing openness, natural condition, or present state of use, if retained, would enhance the present or potential value of abutting or surrounding development or would maintain or enhance conservation of natural or scenic resources. For the purposes of this definition, "natural resources" shall include, but not be limited to, agricultural lands defined as open lands actually used in bona fide agricultural production.
A document that identifies potential hazards and documents policies, controls, and work practices to reduce risk.
Office of Renewable Energy Siting, an agency to streamline the permitting and approval process for large-scale renewable energy projects.
Carbon compounds derived from once-living organisms, serving as a primary energy source for soil microbes and a key component of soil organic matter.
Protective barrier extending upward from the edge of a roof, balcony, or bridge, serving as a safety feature and an extension of a building's wall. These low walls must meet specific fire resistance and height requirements defined by building codes to protect occupants, limit fire spread, and prevent falls.
A property owned or leased by the solar energy system operator, or a property having any land use agreement or easement related to the system. Where multiple adjacent properties under single ownership are participating in a solar energy system, the combined lots shall be considered as one for the purposes of applying setback requirements.
The point at which power is delivered to an electrical distribution or transmission system and usually represents demarcation between the solar energy system and utility owned electrical infrastructure.
Small to medium-sized body of standing water, lacking a clear or large outlet, and being smaller and shallower than a lake. Per NYS Department of Environmental Conservation, a pond is defined by its potential capacity for water storage and potential need for a dam safety permit.
A professional licensed by a state or jurisdiction to plan, design, and manage outdoor spaces and other projects, ensuring public health, safety, and welfare through their expertise in aesthetics, functionality, and ecological principles.
An electrical substation used in the generation, transmission, and/or distribution system directly associated with and constructed for a solar energy system. Not including utility owned electrical substations already in existence prior to solar energy system construction, unless said substation is within the solar facility area, and, modified for the solar energy system's use, and owned by the solar energy system legal entity.
A human-made lake or large body of water created and held back by damming a river.
Contract between a contractor or developer and a municipality that establishes terms and conditions for a contractor's use of public roads during a project.
A series of solar panels on the roof of any legally permitted building and/or structure for the purpose of producing electricity for on-site and/or off-site consumption.
As defined by the National Weather Service, events such as: floods, tornados and thunderstorm that produces a tornado, winds of at least 58 mph, and/or hail at least one inch in diameter.
For the purpose of this section the terms Shrubland, Brushland, Brush, Scrub Brush, Overgrown, other reasonably synonymous terms shall describe lands with thickets of shrubs and young trees mixed with scattered grasses and wildflowers. Shrubland are areas where open space has been left alone, unmaintained and unmowed for approximately 25 to 30 years before becoming early successional forest.[2]
Chemical element, a metalloid used in semiconductors and electronics.
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.
A solar or photovoltaic cell, plate, panel, film, array, reflector, or other structure affixed to the ground, a building, or other structure that harnesses solar radiation to directly or indirectly generate thermal, chemical, electrical, or other usable energy, or that reflects or concentrates solar radiation to a solar or photovoltaic cell, plate, panel, film, array, reflector, or other structure that directly or indirectly generates thermal, chemical, electrical, or other usable energy.
A business or entity that manages the process of taking a solar energy project from concept to ready-for-construction state.
Electrical material, hardware, inverters, conduit, storage devices, or other electrical and photovoltaic equipment associated with the production of electricity.
Also called solar energy facilities, components and subsystems required to convert solar energy into electric energy suitable for use. The term includes, but is not limited to, solar panels and solar energy equipment. A solar energy system is classified as a Tier 1, Tier 2, Tier 3, Tier 4, or Tier 5 solar energy system as follows.
Tier 2 solar energy systems include the following:
Ground-mounted solar energy systems not included under Tier 1 with a nameplate capacity of up to 1.0 MWAC and which generates no more than 110% of the electricity consumed on the site over the previous 12 months.
Ground-mounted solar water heater systems for the purpose of supplying domestic hot water to the property it is located on, and for no other purpose.
Tier 4 solar energy systems include the following:
Ground-mounted solar energy systems not included under Tier 1, 2 or 3 solar energy systems with a nameplate capacity of up to 25 MWAC.
Tier 5 solar energy systems are solar energy systems and solar-thermal systems which are not defined under Tier 1, 2, 3 or 4.
Any and all solar-powered electric generating facilities, including but not limited to modules, inverters, cables, foundations, panels, mounting units and all necessary ancillary improvements and equipment providing support or otherwise associated therewith; and photovoltaic and concentrating solar power generating equipment or such other solar-powered generating equipment needed to capture and convert solar radiation to produce electrical energy or electricity.
Systems which use solar energy to generate domestic hot water typically for, but not limited to residential use. Systems may be roof or ground mounted.
Solar thermal power-electric generation systems collect and concentrate sunlight to produce the high temperature heat needed to generate electricity. Including but not limited to linear concentrating systems, solar power towers, solar dish, solar engine, and similar systems.
Town Designated Engineer.
Underwriters Laboratory, an accredited standards developer in the United States.
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.
The geographical area that is visible from a certain location. It includes all surrounding points that are in line-of-sight with that location and excludes points that are beyond the horizon or obstructed by terrain and other features. Can be either the natural and built environment.
Applicability.
The requirements herein shall apply to all solar energy systems and equipment installations modified or installed after the effective date of this section, excluding general maintenance and repair.
Solar energy system installations for which a valid building permit was issued as of the effective date of this section or, if no building permit was then required, for which installation, commenced before the effective date of this section shall not be required to meet the requirements of this section, but shall continue to be regulated pursuant to the laws in place at the time of permit issuance or commencement of project construction.
Modifications to an existing solar energy system occurring after the effective date of this section that increase the system's area by more than 5% (exclusive of moving any fencing) from original approval shall be subject to this section.
A building permit shall be required for installation of all solar energy systems. All solar energy systems may require evaluation and approval of a Town Designated Engineer.
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 ("Building Code") the NYS Energy Conservation Code, and the Town of Johnstown Code.
To the extent that any other Town law, rule or regulation, or parts thereof, are inconsistent with the provisions of this section, the provisions set forth in this section shall control.
Any proposed solar energy system subject to review by the New York Board on Electric Generation and Siting and the Environment pursuant to Article 8 of the New York State Public Service Law or the Office of Renewable Energy Siting pursuant to Article 94-c of the Executive Law, as such laws may be amended from time to time, shall be subject to all substantive provisions of this section and any other applicable laws, codes, ordinances and regulations of the Town of Johnstown, and any other applicable state or federal laws. For the purposes of this provision, such systems shall be classified as Tier 4 herein.
Tier 1 solar energy systems zoning requirements.
Tier 1 solar energy systems are allowed in all zoning districts. Tier 1 systems proposed to be installed on property used for non-residential purposes may be subject to site plan review requirements under other provisions of the Town Code.
All Tier 1 solar energy systems are subject to the issuance of a Solar development application approval and building permit approval by the Town Code Enforcement Officer.
Solar development application and building permit fees must be paid in accordance with the most current version of the Town of Johnstown Fee Schedule.
The structure to which Tier 1 systems are affixed must comply with all applicable zoning requirements of the applicable zoning district (unless the structure predates the applicable requirement and is considered "grandfathered" under Chapter 84 of the Town Code) or the necessary all variances have been obtained.
Specific requirements:
Solar panels on flat roofs shall not extend above the top of the surrounding parapet, or more than 24 inches above the flat surface of the roof, whichever is higher. Solar panels on pitched roofs shall be installed at the same angle as the roof's surface with a maximum distance of eight inches between the roof and the highest edge of the system. Solar panels on pitched roofs shall be installed parallel to the roof surface on which they are mounted or attached. To achieve proper solar orientation, panels may exceed the roofline by five feet.
In order to ensure firefighter and other emergency responder safety, except in the case when solar panels are installed on an accessory structure less than 1,000 square feet in area, there shall be a pathway around the edge of the roof to provide space on the roof for walking around the panels. The pathway must be a minimum of 36 inches in width.
All Tier 1 systems shall be required to display a permanent plaque or directory placed in an exterior location near the main or front entry of a residence or other structure that is readily visible to firefighters to identify system disconnect(s) location. The plaque or directory shall meet all New York State Building Code standards for reflection, lettering, and color for easy visibility.
Tier 2 solar energy systems zoning requirements.
Tier 2 solar energy systems are permitted in all zoning districts subject to special use permit approval by the Town Planning Board. However, residential Tier 2 systems that will not exceed a capacity of 25 kW hours shall be exempt from any special use permit requirement. Site plan approval may be required in accordance with other provisions of Chapter 84 of the Town Code.
All Tier 2 solar energy systems are subject to the issuance of a solar development application approval and building permit approval by the Town Code Enforcement Officer.
All applicable application and permit fees shall be paid in accordance with the most current version of the Town of Johnstown Fee Schedule.
All Tier 2 systems shall be set back from the property line by the greater of 25 feet or the otherwise applicable setback in the subject zoning district.
Lot coverage shall not exceed 25%. The area beneath Tier 2 systems shall be included in calculating lot coverage.
Tier 2 ground-mounted systems shall only be located in the side or rear yards of properties.
Ground-mounted solar energy system height shall not exceed 15 feet when oriented at maximum tilt.
Tier 3 solar energy systems zoning requirements.
Tier 3 solar energy systems are permitted in Zones AUZ, RA, and M-1 subject to special use permit approval. However, site plan approval may be required in accordance with other provisions of Chapter 84 of the Town Code.
All Tier 3 solar energy systems are subject to the issuance of a solar development application approval and building permit approval by the Town Code Enforcement Officer.
All applicable application and permit fees shall be paid in accordance with the most current version of the Town of Johnstown Fee Schedule.
All Tier 3 systems shall be set back from the property line by 200 feet as measured to the fenced perimeter of the facility area. The following exceptions to this requirement apply:
Lot coverage shall not exceed 25%, except in Agricultural Districts in which lot coverage shall not exceed 30%.
Ground-mounted solar energy system height shall not exceed 15 feet when oriented at maximum tilt.
In addition to any other escrow account requirements, upon making an application for Planning Board Approval under this chapter, an escrow account shall be established based upon the estimated expenses associated with all necessary Town mailings, construction inspections, annual inspections, and for monitoring during operation of the facility. The escrow account shall be funded by the Applicant at an amount established by the Town and shall thereafter be replenished when required by the Town and shall be maintained for the life of the project.
Tier 4 solar energy systems zoning requirements.
Tier 4 solar energy systems are permitted in Zones AUZ, RA, and M-1 subject to site plan approval and special use permit approval.
All applicable application and permit fees shall be paid in accordance with the most current version of the Town of Johnstown Fee Schedule.
Prior to making any Planning Board Application, a pre-submission conference with the Town Code Enforcement Officer is required.
Tier 4 systems shall have a 500-foot setback from the property line fronting on any municipal roads and a minimum of 200-foot setback from the adjacent property line as measured to the fenced perimeter of the facility area. Internal access roads proposed from a public road to the fence of a solar energy facility, including any stormwater management, or other necessary infrastructure installed for the purpose of this access road, shall not be subject to required property line setbacks.
Renewable energy substations systems shall be set back 750 feet from property lines and 900 feet from active water wells.
Tier 4 facility areas shall be set back a minimum of 200 feet from regulated wetlands, ponds, and streams and areas identified through the Freshwater Wetland Jurisdictional Determination review process by NYSDEC.
Ground-mounted solar energy system height shall not exceed 15 feet when oriented at maximum tilt.
Each Tier 4 solar energy system shall be wholly located on a single lot, of not less than 35 acres, and shall not exceed a maximum project size of 100 contiguous acres.
No Tier 4 solar energy systems may be located within a 2.5-mile radius of any other Tier 4 or Tier 5 solar energy system, regardless of whether such other system is located within the Town of Johnstown.
In addition to any other escrow account requirements, upon making an application for Planning Board approval under this chapter, an escrow account shall be established based upon the estimated expenses associated with all necessary Town mailings, construction inspections, annual inspections, and for monitoring during operation of the facility. The escrow account shall be funded by the applicant at an amount established by the Town and shall thereafter be replenished when required by the Town and shall be maintained for the life of the project.
Prohibitions.
The Planning Board may not grant special use permits allowing the installation of any sized solar energy systems on, in, above, or on the shore or in the viewshed of the lakes and ponds within the Town of Johnstown. Such authority is not herein delegated to the Town Planning Board.
The Planning Board may not grant special use permits allowing the installation of any sized solar energy systems on bodies of water or within NYSDEC and/or ACOE regulated wetlands. Such authority is not herein delegated to the Town Planning Board.
The Planning Board may not grant special use permits allowing the installation of any solar energy systems on properties included on or in the viewshed of lakes within the Town, or upon land listed by the New York State or National Register of Historic Places. Such authority is not herein delegated to the Town Planning Board.
A floating solar facility is not allowed within the Town of Johnstown on any pond, lake, or reservoir. The Town acknowledges this emerging technology, although further research is needed, especially regarding risk analysis related to reduced sunlight penetration, decreased chlorophyll, slow breakdown of microplastics, organic carbon, toxins from FPVC sources, and the leaching of chemicals into water bodies, such as heavy metals, metalloids, silicon, and other toxic elements not listed. In 2023, the University at Albany reviewed several dams in the Town of Johnstown, which are rated as having poor condition and high hazard risk or worse by the New York State Department of Environmental Conservation Dam Safety Section. Research and studies concerning deteriorating dam infrastructure should also evaluate the risks of adding a floating solar facility, including but not limited to dam breaches or other related hazards.
No solar energy system shall be installed within a 100-year floodplain, defined as "A", or "AE" on FEMA Flood Maps.
Tier 5 solar energy systems are prohibited in the Town of Johnstown.
Rationale: Pursuant to the many positive features noted of importance in formulating the Town Comprehensive Plan, some of the most important elements include the perception that Johnstown still has a small town feel and a great deal of open space with abundant rural character. To maintain rural character, the Comprehensive Plan emphasizes limiting heavy industry and preserving agricultural areas for such uses. The Town of Johnstown is a warm and inviting community, known for its high educational values, its recreational opportunities, its cultural assets, its historical facilities, its scenic beauty and its rural atmosphere. It is a place highly regarded for its pristine forests and many summer and winter recreational activities, many of which are centered on the Town's picturesque lakes and its fish-filled streams and tributaries. Johnstown values its distinctive characteristics, including woodlands and farmlands, and values the preservation of scenic vistas of the area's natural beauty including those of woodlands, fields, hilltops and lakes.
Maintaining the rural character shall be accomplished by supporting agricultural businesses and preserving natural resources including agricultural landscapes, open space, important scenic views, fresh watersheds, floodplains, historic sites, conservation easements, trails, parklands, wetlands, wildlife, and appropriately sized infrastructure.
Local laws which apply to major renewable energy facilities are considered to be important by New York State (NYS) Public Service (PBS) CHAPTER 48, ARTICLE 8, § 142 which expressly states that:
"A final siting permit may only be issued if ORES makes a finding that the proposed project, together with any applicable uniform and site-specific standards and conditions, would comply with applicable laws and regulations."
The importance of local laws is manifest from this statement. In choosing to make this statement in the law, the State Legislature explicitly expresses the intent that the content of local laws shall be a very important consideration for the New York State Office of Renewable Energy Siting (Siting Office) in deciding whether to grant or deny permits for major renewable energy facilities. ARTICLE 8, § 142 continues to state that in making a final siting permit determination with respect to a major renewable energy facility, ORES may elect not to apply, in whole or in part, any local law or ordinance that would otherwise be applicable if it makes a finding that, as applied to the proposed facility, if is unreasonably burdensome in view of the CLCPA targets, and the environmental benefits. The Town of Johnstown specifically requests that, with regard to any proposed major renewable energy facility or any others being reviewed under NYS Public Service Law Article 8 that the NYS Office of Renewable Energy Siting honor and enforce the local laws of the Town of Johnstown as set forth herein. Local decision-making is enshrined in the New York State Constitution, Local Government Bill of Rights, Statute of Local Governments, and Municipal Home Rule law. As important as CLCPA goals are, local laws are adopted with the best interest of the community overall in mind, and CLCPA goals should not be the primary metric for determining whether carefully crafted local legislation should be overturned.
Exceptions.
Solar collectors that are integrated directly into building materials, such as roof shingles, and that are a permanent and integral part of and not mounted on the building or structure are exempt from the requirements of this section. However, all applicable State Building Codes shall be met, and necessary permits obtained.
Portable solar collectors as part of vehicles, such as campers and similar, or other small, unmounted, foldable systems meant for temporary use and not in place for longer than 30 consecutive calendar days are exempt from the requirements of this article. However, all applicable codes for their operation shall be met, and necessary permits obtained.
§ 84-45.2 Solar energy facilities: standards, procedures and fees.
[Added 10-8-2025 by L.L. No. 3-2025]
Title. The Johnstown Town Code is hereby amended to include standards, procedures and fees for issuing solar energy facility permits.
Purpose and intent. The purpose of this section shall be to provide for the orderly development, permitting and decommissioning of solar energy systems subject to reasonable conditions to help reduce potential impacts on adjoining properties, while promoting the effective and efficient use of solar energy resources. The Town of Johnstown supports sustainable renewable energy sources such as solar energy and does not seek to discourage such energy sources from being installed in the Town. However, like any land use, solar energy systems have impacts on the community and neighboring properties which the Town seeks to mitigate so as not to adversely affect the Town's unique character nor impinge on adjacent properties within the Town. This section shall provide standards for the placement, design, construction, operation, monitoring, modification, decommissioning and removal of solar energy facilities.
Applicability.
The requirements herein shall apply to all solar energy systems and equipment installations modified or installed after the effective date of this section, excluding general maintenance and repair.
Solar energy system installations for which a valid building permit was issued as of the effective date of this section or, if no building permit was then required, for which installation commenced before the effective date of this section shall not be required to meet the requirements of this section, but shall continue to be regulated pursuant to the laws in place at the time of permit issuance or commencement of project construction.
Modifications to an existing solar energy system that increase the system's area by more than 5% (exclusive of moving any fencing) from original approval shall be subject to this section.
A building permit shall be required for installation of all solar energy systems. The Code Enforcement Officer may consult with the Town Designated Engineer.
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 ("Building Code") the NYS Energy Conservation Code, and the Town of Johnstown Code.
With the exception of Town Code § 84-45.1, to the extent that any other Town law, rule or regulation, or parts thereof, is inconsistent with the provisions of this section, the provisions set forth in this section shall control.
Any proposed solar energy system subject to review by the New York Board on Electric Generation and Siting and the Environment pursuant to Article 8 of the New York State Public Service Law or the Office of Renewable Energy Siting pursuant to Article 94-c of the Executive Law, as such laws may be amended from time to time, shall be subject to all substantive provisions of this section and any other applicable laws, codes, ordinances and regulations of the Town of Johnstown, and any other applicable state or federal laws. For the purposes of this provision, such systems shall be classified as Tier 4 herein.
General requirements. The installation of a solar collector or panel, whether attached to the main structure, an accessory structure, or as a detached, freestanding or ground-mounted solar collector, shall meet all requirements of this section.
All proposed solar energy systems shall submit a Town of Johnstown solar development application and other associated items outlined herein.
All solar energy systems shall adhere to all applicable NYS and Town of Johnstown building, plumbing, electrical, and fire codes. Installation and maintenance to be conducted by "qualified solar installers." Persons who are on the list of eligible photovoltaic installers maintained by the New York State Energy Research and Development Authority (NYSERDA) or who are certified as a solar installer by the North American Board of Certified Energy Practitioners (NABCEP), shall be deemed qualified solar installers for the purposes of this definition.
Solar developers must pay prevailing wage for all laborers, workmen and mechanics within the meaning of NYS Labor Law Article 8, performing on-site construction activities for covered projects, whether through long-term or short-term employment and when completed prior to the project in-service date. The prevailing wage requirement will apply to direct employees of the developer and any subcontractors. The solar developer is responsible for ensuring that subcontractors performing on-site construction activities for covered projects are complying with prevailing wage requirements.
Prior to operation, electrical connections must be inspected by the Code Enforcement Officer and by an electrical inspection person or agency as determined by the Building Inspector in conformance with the State Building Code.
Any connection to the public utility grid must be inspected by the appropriate public utility.
All solar collectors and their associated support elements shall, at the time of installation, be designed according to generally accepted engineering practice to withstand heavy snow loads and wind pressures applied to exposed areas by wind from any direction, to minimize the migration of light or sound from the installation and to minimize sight obstructions for adjacent structures or land parcels.
All solar collectors and associated components shall be manufactured in the United States.
All solar collectors shall have anti-reflective coating(s) to reduce glare to the maximum extent practicable. All solar collectors and related equipment shall be placed and arranged such that reflected solar radiation, or glare shall not be directed onto adjacent properties or public roadways. Panels shall not reflect more than 2% of incoming sunlight.
All solar collectors and their associated support elements shall have a non-reflective finish and be of neutral paint colors to achieve visual harmony with the surrounding area.
All solar energy systems associated with a single project shall be located on a single lot and shall not be constructed in such a way as to straddle lot lines. Solar energy system projects shall not be sited on more than one side of a public road, regardless of property ownership or municipality.
When solar energy systems are paired with a BESS, it shall be noted in the Solar Development Application and be subject to applicable requirements of Town of Johnstown's BESS code.
Visual impact: A solar energy system shall not be installed in any location that would substantially detract from or block the view(s) of all or a portion of a recognized scenic viewshed, as viewed from any public road, right-of-way, or publicly owned land within the Town or that extends beyond the border of the Town.
Landscaping and screening:
Landscaping buffer areas shall be required between the facility area and adjacent property lines to screen the view of Tier 2 and larger systems. Buffer widths shall be as follows:
Buffers shall use existing vegetation to the greatest extent practicable. If existing vegetation does not provide the desired screening or buffer width, the Planning Board may require the applicant to supplement with new landscaping to form a continuous hedge at least eight feet in height at planting and shall be maintained for the life of the project. Berms, solid fencing, and opaque enclosures can only be proposed in situations where existing or new landscaping for screening is not possible. New landscaping proposed for the project shall be species native to the region and selected by a registered landscape architect. All landscaping and screening methods shall be maintained and replaced as necessary during the life of the project.
Additionally plantings shall added along the driveway to soften the appearance as well as around the perimeter of the facility area.
Plantings along the driveway shall be planted in order to soften the appearance of the utility poles.
Around the exterior of the facility area and fence, a mix of Norway Spruce, White Spruce, White Pine, Nigra Arborvitae, Balsam Fire, Black Hill Spruce, Beech, and Red Maple shall be planted. The plants must be at least eight feet in height (excluding the root) at the time of planting. They shall be spaced no more than 10 feet apart in two staggered rows, ensuring the ten-foot separation is maintained.
Varieties to avoid include Blue Spruce, Douglas Fir, and Sugar Maple because they are more susceptible to disease and are very site/soil selective.
At the Planning Board's discretion, other types of plantings shall be mixed in, such as fast-growing perennials, and maintained until such time that the other plantings have a chance to get established.
Planting must happen prior to any construction starting and must be inspected by the Code Enforcement Office.
Lighting. Where lighting is required for solar energy systems, it shall be limited to lighting required for safety and operational purposes and shall be cast downward and shielded from neighboring properties and public roads. Lighting shall be capable of manual or auto-shut off switch rather than motion detection. All lighting sources and fixtures shall fully shield and comply with International DarkSky lighting standards. No light source may exceed a maximum Correlated Color Temperature (CCT) of 3,000K. "Dusk to Dawn" lighting is prohibited.
Fencing. When fencing is required per this section or section 110.31 of NEC code and as revised, it shall encompass all solar collectors, electrical and control equipment, substations, batteries, and shall be labeled, and secured to prevent unauthorized access. Such equipment shall be enclosed with a seven-foot-high fence or per most current NEC requirements. Fencing shall have a self-locking gate to prevent unauthorized access and shall be wildlife permeable/friendly by including one way wildlife gates every 1,000 linear feet of perimeter fencing (minimum of two). Fixed-knot woven wire or other wildlife friendly fencing and mixed used fencing is preferred and shall be six to nine inches off the ground to allow small-to-medium sized animals (e.g., turtles, racoons, birds, etc.) areas which to easily pass through. Fencing shall be located inside any landscaping buffer area required by this section. Barbed wire fencing is prohibited.
Signage. Warning signage shall be placed on solar equipment to the extent appropriate. All signs, streamers, or similar items, both temporary and permanent, are prohibited on solar equipment except the following, which must be posted at all points of facility area ingress/egress and any substation fencing:
Manufacturers or installer's identification;
Appropriate warning signs and placards;
Signs that may be required by a federal or state agency;
Signs that provide a twenty-four-hour emergency contact phone number and warn of any danger and signs that direct Fire department and Hazmat to emergency safety protocols. Said information shall be depicted within an area of no more than eight square feet.
As required by the NEC, disconnect and emergency shut off information shall be clearly displayed on a light-reflective surface.
All emergency shut-off and disconnect points must be clearly labeled.
A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.
No advertising signage is permitted.
Access roads and parking. Where required, roadways and parking will be provided to assure adequate operational and emergency access. Subsequently, at least one hammerhead turn-around shall be placed outside of the solar facility. The Planning Board shall determine if another one is necessary. The sufficiency and design of proposed access roads are subject to Planning Board review and the Planning Board may ask for the assistance of the TDE, local fire departments and/or Fulton County Fire Coordinator or their designee. Access roads shall be a minimum width of 20 feet and a maximum width of 26 feet. Adequate turnarounds shall be provided as determined applicable codes and the TDE. All roadways and parking areas associated with the solar energy system shall remain unpaved and remain a pervious surface.
Firebreaks. Appropriate spacing between solar panels and designated firebreaks within the solar field layout to contain potential fires and prevent fire spread.
Site access. The fire break (minimum 20 feet beyond the requisite "buffering vegetation" around the facility area fencing) shall be maintained and shall not become obstructed, including by snow storage. Snow removal on access roads shall be performed within 24 hours of a snow event in which more than six inches of snowfall occurs, and at no point shall there be more than six inches of snow accumulation permitted to stand on any access road through the course of winter season with the exception of a twenty-four-hour period following the event that resulted in such accumulation of snow.
Slopes. Ground-mounted solar energy systems and associated equipment shall not be placed on slopes greater than 15% covering a minimum horizontal area of 1/4 of an acre or 10.890 square feet and a minimum horizontal dimension of 10 feet. No earthwork may be done to for the sole purpose of altering natural slopes for placement of panel arrays to meet this requirement.
Site disturbance, including but not limited to, grading, soil removal, excavation, and soil compaction in connection with installation facility area shall be minimized to the greatest extent practical. All topsoil will be saved and reused upon the site within two months. Following the construction of a large-scale or utility-scale ground mounted solar energy system, all disturbed areas where soil has been exposed shall be reseeded with grass and/or planted with low-level vegetation capable of preventing soil erosion and airborne dust.
Neither the Planning Board nor the Code Enforcement Officer may issue any approval or permit that would result in the placement of a solar energy system on soils classified by the National Resource and Conservation Service Classification as mineral soils groups 1 through 4. All solar energy systems shall adhere to the Department of Agriculture and Markets' Guidelines for Construction Mitigation for Agricultural Lands.
Neither the Planning Board nor the Code Enforcement Officer may issue any approval or permit that would result in the placement of any Tier 4 solar energy systems on lands shown on the Fulton County Agriculture District Map.
Blasting is prohibited for the construction of all solar energy facilities.
There shall be no drilling within 500 feet of active wells for construction of Tier 3 and larger solar energy systems.
No pesticides or herbicides are to be used within the facility area for the lifetime of the project.
All electrical lines and wiring associated with solar energy systems shall be buried to the greatest extent practical and include necessary encasements in accordance with the NEC. For Tier 3 and 4 systems, the applicant is encouraged to use ground mounted equipment at the POI to avoid viewshed impacts to sensitive receptors. The Planning Board may waive this requirement if sufficient engineering data is submitted, which demonstrates that underground lines are not feasible or practical. The applicant is required to show the locations of all proposed overhead and underground electrical lines including substations, switchyards, junction boxes and other electrical components for the project on the site plan.
When required and prior to final approval of a solar energy system, all engineering documents, including site plan, Stormwater Pollution Prevention Plan and Decommissioning Plan, etc., shall be signed and sealed by a New York State-licensed professional engineer. The solar energy system shall comply with all requirements of Article XXVI Erosion and Sediment Control of Town Code, and applicable New York State laws as they may be periodically amended over time. The site shall be designed to avoid adverse changes to drainage, runoff, and overall site hydrology, which could impact both participating and other non-participating properties.
The Planning Board may request any other information or documentation reasonably required for review or approval of an application, as applicable.
Additional requirements/considerations.
Tier 2 systems. In addition to the "general requirements," all Tier 2 solar energy systems shall be subject to the following additional requirements/considerations.
Carport or canopy systems should not be located in the side or rear yard unless they are located in parking lots or other commercial uses and the Planning Board determines that such location is not inappropriate.
Ground-mounted solar energy systems shall have views minimized from adjacent properties to the extent reasonably practical. Solar energy equipment shall be located in a manner to reasonably avoid and/or minimize blockage of views from surrounding properties and shading of other properties.
All Tier 2 systems shall be required to display a permanent plaque or directory placed in an exterior location near the main or front entry of the property or other structure that is readily visible to firefighters to identify system disconnect(s) location. The plaque or directory shall meet all New York State Building Code standards for reflection, lettering, and color for easy visibility.
Tier 3 solar energy systems.
In addition to all other applicable site plan application requirements set forth elsewhere in the Town Code, in order for a site plan application for a Tier 3 solar energy system to be complete, it must meet the following requirements:
Location map showing types of existing structures and uses on the site, including adjacent public roads and properties.
The site plan shall provide to the extent available, surveyed data of abutting properties including principal and accessory buildings, roads, utilities and private or public wells and shall show the distances from those features to the boundary of the subject property.
Location and description of all solar energy system components, whether on site or off site, all above and below-ground utility lines on the site, transformers, POI, renewable energy electrical substations when required for project, fencing, laydown, and storage areas to be used as part of construction and other ancillary facilities or structures.
Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, and screening vegetation or structures.
Label all applicable setback dimensions.
Part 1 of a Full Environmental Assessment Form for SEQRA.
Upon receipt of an application, the Town requires proof of mailing, at the applicant's expense, a notice of the proposed project to all owners of property within a one mile radius of the participating property boundaries regardless of municipality via United States Postal Service (USPS) Mail. On the envelope it shall clearly state the owner's name and address. A "care of" shall state "or current resident." Public hearing notices shall contain a summary of the project, a designated contact person, with telephone number, e-mail address, and mailing address from whom information will be available on a going forward basis.
An electrical diagram detailing the solar energy system installation, associated components, and electrical interconnection methods, with all disconnects and over-current devices identified.
Manufacturer data on all proposed solar energy system components.
Documented right of access and use of the facility area either by lease agreement, option agreement, deed or other instrument to show the landowner's consent to the project.
Documentation of utility notification, including proof of interconnection agreement. Projects not viable to the utility company shall not be considered by the Planning Board.
Decommissioning plan, including cost estimate and description and form of financial surety as described in other sections of this section.
Deforestation: Previously cleared or disturbed areas are preferred locations for solar projects.
Forested lands and woodlands shall not be deforested to construct solar energy facilities.
Shrubland, isolated trees or stands of trees in otherwise open space may be cut. However, clearcutting of trees more than six inches in diameter at breast height[1] (DBH) in a single contiguous area exceeding 20,000 square feet is prohibited. This clearing restriction shall apply to trees cleared for the entire facility area, in and outside the fenced perimeter of the facility area, and on the participating properties.
[1]
Reference to Adirondack Park Agency's definition of "clearcutting" which uses a threshold of 6" DBH for trees.
The applicant will be required to retain the services of a qualified arborist and/or forester to define, delineate and certify in writing the limits of forest, shrubland, and tree stands if there is uncertainty in the participating properties' land covers.
Removing trees beyond what is deemed necessary by the Planning Board to install and maintain the solar energy systems shall be prohibited.
Trees more than three inches DBH that are removed from the facility area shall be replaced at a 1:1 ratio on the participating properties, or at other locations within the Town of Johnstown agreed to by the Planning Board and involved landowners.
Any portion of a property that has been clear-cut in excess of the area described in the paragraphs above shall not be included in an application for a solar energy facility for a period of three years following such clear-cutting. Upon request by the Planning Board, the applicant shall submit aerial imagery of the participating properties for a period of three years prior to the date of application.
Renderings: the solar developer shall provide a photo simulation with scaled color visual renderings by a qualified professional to demonstrate the adequacy of proposed buffering/screening at the completion of construction of the solar energy system, and similar visual renderings of the projected maturation of the buffering/screening at five years and 10 years after completion of the solar energy system. The Planning Board may require the above renderings from multiple angles or perspectives as it deems appropriate.
An acoustical noise study by a qualified professional shall be submitted with the application, to provide analysis of all noise-generating equipment that may be included in the project, including for construction. Noise generated from the solar energy system's components and associated ancillary equipment, including but not limited to transformers, inverters, storage devices, substations, and tracking motors shall provide for no discernable difference from existing noise levels at property lines. The study shall contain:
Actual measurements of existing daytime and nighttime ambient noise at the boundary of the participating properties. Ambient noise testing locations and schedule shall be discussed with the Planning Board before testing takes place.
Proposed noise model to predict potential increase in noise from the project for pre-construction and post-construction conditions at both the project boundaries and nearest adjacent receptors (neighboring houses, etc.).
Noise studies shall follow industry norms and report their findings using A-weighted methodologies.
The Planning Board may require additional analysis as it deems appropriate and may require noise mitigation or additional setbacks as needed to meet this requirement.
Well water and ground contamination testing shall be required and results provided to the Planning Board.
Glare studies prepared by a qualified professional which shall:
Be prepared to determine predicted glare caused by the proposed solar energy system or facility that may affect off-site property locations and effecting residences and view sheds, which shall be referred to as solar equipment glare.
Include a statement of projected glare impact, certified, and signed by a qualified specialist or Professional Engineer, stating the proposed glare impact analysis is accurate.
A post-construction glare monitoring plan shall be submitted, which at a minimum, requires annual certification by a qualified specialist or Professional Engineer of the applicant or facility owner that the solar energy system or facility conforms to the requirements of this section. If the Town determines after the two-year period once the system or facility becomes operational, the applicant/facility owner may request that the annual certification be suspended.
A stormwater pollution prevention plan in accordance with all requirements of Article XXVI, Erosion and Sediment Control, as may be periodically amended over time, shall be submitted for review.
A twenty-foot-wide fire break, shall be maintained around the immediately outside the fenced perimeter of the facility area.
As part of the Operation, Safety and Maintenance Plan in Subsection H(1) of this section, the applicant shall document existing firefighting resources near or on the participating properties that may include, but not limited to: distance to nearest fire hydrant, dry hydrants, ponds, or other waterbodies sufficient for drawing water in emergency situations. If firefighting resources do not exist within a reasonable distance to the project, the Planning Board, in consultation with the local fire department, Fulton County Fire Coordinator or his/her designee and TDE may require retention ponds and dry hydrant construction to meet firefighting needs.
As part of the Operation, Safety and Maintenance Plan in Subsection H(1) of this section, the applicant shall provide the jurisdictional fire department and mutual aid emergency responders with annual training regarding emergency shut-offs and inherent emergency response dangers within the facility area.
Construction hours and guidelines: Drilling or pile driving for racking foundations or other equipment, truck idling and deliveries shall be limited to Monday through Friday between the hours of 8:00 a.m. and 6:00 p.m. and shall not be conducted outside these hours, or on Saturdays, Sundays, and Federal holidays recognized by New York State. Truck idling in excess of five minutes is prohibited by State Law, and when it is to legally occur, shall only take place during construction hours listed above.
Within 30 days after completion of the solar energy system, the applicant shall file in the Code Enforcement Office a post-construction certification from a professional engineer registered in New York State stating that the project complies with applicable codes and industry practices and has been constructed and is operating according to the design plans. The applicant shall further provide certification from the utility that the facility has been inspected and connected.
Tier 4 solar energy systems.
In addition to all other applicable site plan application requirements set forth elsewhere in the Town Code, in order for a site plan application for a Tier 4 solar energy system to be complete, it must contain the following:
A statement clearly indicating how the proposed facility is consistent with Town Comprehensive Plan and any other plans or inventory in existence at the date of application.
A statement disclosing the full scope of the planned size of the project, including any other involved municipalities, and shall not segment the application for purposes of reducing the apparent significance of proposed plans. If the Planning Board or Lead Agency has substantial proof that the ultimate scope of the Action may exceed that which is actually being proposed by the Applicant, it shall conduct its review and base its findings on the larger potential scope.
Solar energy systems of Tier 4 and greater shall not be located above the elevation of 1,000 feet (NAVD 88), or above ridgelines and/or hilltops.
For all Tier 4 Systems, the applicant shall include in the required notice of the proposed project a link to a project website, created and paid for by the applicant, which is meant to disseminate information to the public. At the applicant's expense, publication of notice of application shall be made in the Town's official newspaper. Notice shall also be provided to State Senator, State Assemblymember, and Fulton County Board of Supervisors in whose district any portion of the proposed solar facility is located in, or which district the project abuts upon.
Upon submission of an application, the applicant shall conspicuously post signage on the frontage of participating properties at all roads abutting the proposed project and at the proposed entryways/exits to the project. Signage must be of sufficient size to contain the name of the proposed project, the application number, a rough concept map of the project, and contact information for the developer as well as a proposed project website address. Signage shall be sized and placed at a safe distance from the public roadway as to not interfere with sight distance on the roadway or any adjacent driveways.
A GIS viewshed analysis of the Area of Visual Impact (AVI) prepared by the applicant; defined as the area from which the proposed undertaking may be visible within a one-half mile buffer around solar fields covering four to 39 acres in size, a one-mile buffer around solar fields covering 40 to 60 acres, a three-mile buffer for solar fields covering 61 to 80 acres, and a four-mile buffer for solar fields covering 81 to 100 acres. Positive visibility of the solar field must be based upon bare-earth topography only (do not factor in vegetation). Forested lands shall be assigned a height of 30 feet unless known, in which case actual height may be used. The analysis should be presented as an orthorectified aerial base map with the buffer boundary and project area indicated and AVI highlighted. A visual analysis shall be provided from all property owners immediately adjacent to the proposed solar energy system. The analysis shall be for each season and from the building face at eye level from grade. The visual analysis will quantify the severity of the visual impact. A balloon study which provides aerial viewshed maps, model-massing, and photorealistic simulations shall be performed if deemed necessary by the Planning Board. All required tests must comply with specific balloon test performance criteria and simulation guidelines of the National Park Service and the Bureau of Land Management.
In addition to any landscaping requirements otherwise applicable to such use in this Chapter or elsewhere within the Town Code, the applicant shall prepare a vegetation management plan that includes a list of all proposed plantings and seeding mixes, summarizes clearing operations, discusses the location of offset plantings if offsets are required, provides information on protection of pollinators and perennial vegetation, and lists the methods and frequency of vegetation maintenance.
Wildlife. Development and operation of solar energy systems shall have no significant impact on fish, wildlife, or plant species or their critical habitats, or other significant habitats identified by the Town or other Federal or State regulatory agencies. To assure this condition the following must be provided:
Environmental resource map. The applicant shall generate a site map delineate sensitive environmental features (wetlands, slopes, soils, land covers, etc.) along with other site information to identify and describe how the proposed solar energy system shall avoid or mitigate adverse impacts to these resources. Lands that have the highest ecological value as evidenced by large continuous areas of forest, undisturbed drainage areas, wetlands or NYSDEC identified critical habitats or rare plant and animal populations shall be avoided.
Wildlife habitat assessment. The applicant shall provide a habitat assessment generated by qualified ecologist. The assessment shall include:
A sketch map (e.g., drawn on an aerial photo image) depicting the habitats and watercourses on and near the property along with roads, existing structures, and other features that would help the applicant and the town understand the spatial relationships of existing natural and cultural features.
Describe the habitats and ecological communities on and near the site, using classifications from standard references relevant to this region.
Summarize species evident to the qualified ecologist that may inhabit the participating properties and surrounding areas.
Note any species of concern, threatened, endangered or otherwise.
Address on-site bird and bat migration, nesting, and habitat surveys and recommend or conduct surveys for such species during the appropriate seasonal windows during the year prior to submittal of an application.
Discuss potential impacts due to the proposed solar energy system, and potential mitigation if required,
Cite all sources and references, including using the most recent New York State Department of Environmental Conservation survey protocols for grassland birds and winter raptors. For other wildlife, applicants shall follow NYSDEC guidance on appropriate survey methods.
At the discretion of the Planning Board, addition of Bat Houses. At the discretion of the Planning Board, NYS native pollinator mixes, including milkweed shall be used.
At the discretion of the Planning Board, addition of "bee hotels."
Provide additional wildlife surveys as required based on the findings of the habitat assessment, or as required by Federal, State, or local agencies.
The applicant, at its expense, shall retain the services of an environmental monitor to oversee compliance with environmental commitments and siting requirements, and the ongoing obligation of same for the lifetime of the project. The environmental monitor shall perform regular site inspections of construction work sites and provide annual inspections of the completed solar energy system at the expense of the developer, ATIMA, ISAOA.
Designated traffic routes for construction and delivery vehicles to minimize traffic impacts, wear, and tear on local roads, and impacts on local business operations shall be proposed by the applicant and reviewed by the Planning Board. At the Planning Board discretion, a road-use agreement may be required for the desired traffic route.
Well water and ground contamination testing shall be required and results provided to the Planning Board.
In consultation with the applicant and the TDE, the Planning Board may require the testing of certain contaminants and the location of testing based on the proposed equipment for the Tier 4 facility prior to testing. List of contaminants that may be tested for includes but is not limited to: sulfuric acid, mercury, nickel, cadmium (known Carcinogen), cadmium telluride, lead, lithium, cobalt, lithium, iron, arsenic, silicon, copper, silver, selenium, copper indium selenide, copper indium gallium, diselenide, (di)selenide, hexafluoroethane, polyvinyl fluoride, polyfluoroalkyl substances PFAS, and any other contaminant required for testing by the Town, County or State for this type of facility at the time testing takes place. Annual soil and water testing to be conducted at the developer's or system operator's expense by a qualified testing authority.
At the applicant's expense, an escrow account with the Town shall be established to provide an independent third-party testing agency that may provide testing of the facility area and of water wells on properties within 1,000 feet of the facility area.
At the applicant's expense, notice shall be given to all property owners within 1,000 feet that water well testing is available.
Pre-construction testing: Initial testing shall take place within 12 months of establishing a special escrow account. Test results for the participating properties shall be furnished to the Town. Results for adjacent properties will be given to the property owner to be shared at their discretion.
Post-construction testing. Post-construction testing shall take place within 24 months of final construction of the Tier 4 facility. Test results for the participating properties shall be furnished to the Town. Results for adjacent properties will be given to the property owner to be shared at their discretion.
Agreements. The following applies to Tier 3 and greater solar energy systems.
Road use agreement. The applicant shall execute a road use agreement with the Town if town roads are to be used for the project. Prior to the issuance of the building permit and commencement of construction, an existing condition assessment of the proposed hauling routes using town roads shall be undertaken by the applicant at the applicant's expense. Any damage to a Town road during construction caused by the operator or its subcontractors shall be repaired or reconstructed to the satisfaction of the Town Highway Superintendent at the operator's expense.
Performance guarantees. The Town will require the applicant or facility owner to provide, prior to construction, a performance bond or cash escrow that names the Town of Johnstown as the beneficiary, to ensure proper operation and maintenance of all below noted facilities, both during and after construction and until the solar energy facility is removed from operation. If the applicant or facility owner fails to properly operate the facility, the Town, after giving reasonable notice for non-emergencies, may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs. After which, the account shall be replenished by the applicant or facility owner within 90 days, or else the facility will be considered abandoned, and decommissioning shall be enacted.
Facilities for performance guarantees:
All proposed landscaping and screening for the project in the amount of 50% of the installed cost.
Stormwater management and erosion and sediment control facilities required for the project in the amount of 50% the installed cost.
Any other facility as part of the proposed project, deemed necessary for inclusion to this section by the Planning Board.
Decommissioning. The applicant shall execute a Decommissioning agreement and financial surety as described in Subsection I of this section.
Indemnification. The applicant system shall execute an indemnification agreement with the Town. The agreement shall require the applicant/owner/operator to, at all times defend, indemnify, protect, save, hold harmless and exempt the Town and its officers, councils, employees, attorneys, agents and consultants from any and all penalties, damages, costs or charges arising out of any and all claims, suits, demands, causes of action or award of damages whether compensatory or punitive, or expenses arising therefrom either at law or in equity, which might arise out of or be caused by the placement, construction, erection, modification, location, equipment's performance, use, operation, maintenance, repair, installation, replacement, removal or restoration of said solar energy system, excepting however any portion of such claims, suits, demands, causes of action or award of damages as may be attributable to the negligent or intentional acts or omissions of the Town or its employees or agents. With respect to the penalties, damages or changes referenced herein, reasonable attorneys' fees, consultant fees and expert witness fees are included in those costs that are recoverable by the Town.
Community host. Applicable to only Tier 3 and greater systems, a nonrefundable annual Open Space Public Benefit Fee shall be paid to the Town on or before January 31 of each year. Late fees, fees received after the January 31st due date, shall be subject to a 2% monthly interest fee. Fee shall be calculated at $7,500 per megawatt (MGW) with a minimum calculation baseline of three megawatts (MGW) which equals a base standard rate of $22,500. Tier 3 and greater. Solar energy systems constitute a unique land use that impacts the Town's ability to retain its rural aesthetic and occupies large swaths of green space while converting open and/or agricultural lands with potential for more suitable development.
Fees collected pursuant to this section shall be designated to a special fund as determined by the Town Board.
System operations and safety. For all Tier 3 and greater solar energy systems, the following shall apply.
Operation, safety and maintenance plan. The applicant shall submit a comprehensive operation, safety and maintenance plan that addresses the following:
Contains an executive summary sheet at the front of the document which clearly shows the following:
Facility owner information and contact, both phone and current email address.
Landowner information and contact, both phone and current email address.
An emergency contact phone number for a competent person who can be to the facility within one hour or less notice. The individual shall have access to the facility gates, knowledge of the site and be able to quickly identify electrical disconnect locations.
An emergency contact at the utility company associated with the solar energy system POI.
Contact information for the company or individual responsible for regular maintenance and landscaping of the site.
Describes continuing maintenance and upkeep, as well as design, construction, installation, testing and Boarding information and shall meet all requirements set forth in the Uniform Code and all applicable codes. Shall address the following:
Broken panels and any other damaged or malfunctioning equipment shall be removed, replaced, or repaired from the site within 30 days of discovery or notification of problem at the expense of the developer, ATIMA/ISAOA.
System equipment, grounds, fencing and buffer areas shall be maintained in good condition by the operator.
Plant growth shall be controlled by mowing or grazing.
The use of herbicides and pesticides within the facility area is prohibited.
Only NYSDEC approved cleaning products applied by NYSDEC approved applicators are allowed.
The applicant shall prepare an emergency operations plan in cooperation with Town emergency service providers, which will become part of the operation, safety and maintenance plan. A copy of the approved 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:
Procedures for safe shutdown, de-energizing, or isolation of equipment and systems under emergency conditions to reduce the risk of fire, electric shock, and personal injuries, and for safe start-up following cessation of emergency conditions.
Procedures for inspection and testing of associated alarms, interlocks, and controls.
Procedures to be followed in response to notifications from the solar energy system that, when provided, could signify potentially dangerous conditions, including shutting down equipment, summoning service, and repair personnel, and providing agreed upon notification to fire company personnel for potentially hazardous conditions in the event of a system failure. All means of shutting down the solar energy system shall be clearly marked.
The property must be inspected after a National Weather Service designation of a Severe Weather event to ensure that the property did not sustain damage. Reports of said inspection shall be filed with the Town Building Inspector.
Emergency procedures to be followed in case of fire, explosion, release of liquids, oils, or vapors, damage to critical moving parts, or other potentially dangerous conditions.
Response considerations similar to a material safety data sheet (MSDS) that will address response safety concerns and extinguishment when an MSDS is not required.
Procedures for dealing with solar energy system equipment damaged in a fire or other emergency event, including maintaining contact information for personnel qualified to safely remove damaged equipment from the facility. System owner shall provide guaranteed non-emergency and emergency response times of a qualified subject matter expert to the Code Enforcement Office, Fulton County Emergency Management Office and local emergency responders.
Other procedures as determined necessary by the Town to provide for the safety of occupants, neighboring properties, and emergency responders.
Procedures and schedules for conducting drills of these procedures and for training local (all agencies within 15 miles) emergency responders on the contents of the plan and appropriate response procedures. Training shall be taught by a New York State certified instructor, performed annually, and shall include local and mutual aid emergency responders. Training and specialty equipment shall be paid for by the developer, ATIMA/ISAOA.
The system owner shall notify the local fire department, county emergency management office and the town building inspector at least one week prior to any scheduled maintenance or equipment swap out.
In the event of a fire, all contaminated soil must be removed and disposed of properly, in accordance with all applicable laws.
A competent person from the solar company shall be present on site within one hour of any event requiring emergency responders to remain at the facility. In the event a competent person from the solar company is unable to be present on site within one hour, responding fire personnel shall call an independent third-party provider listed in the Emergency Operations Plan which shall be paid for at the expense of the system operator.
Emergency access. Pursuant to New York State Fire Code 2020 § D103.5 Gates securing the fire apparatus access roads shall comply with all of the following criteria:
Where a single gate is provided, the gate width shall be not less than 20 feet (6,096 mm). Where a fire apparatus road consists of a divided roadway, the gate width shall be not less than 12 feet (3,658 mm).
Gates shall be of the swinging or sliding type.
Construction of gates shall be of materials that allow manual operation by one person.
Gate components shall be maintained in an operative condition at all times and replaced or repaired when defective.
Electric gates shall be equipped with a means of opening the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official.
Methods of locking shall be submitted for approval by the fire code official.
Electric gate operators, where provided, shall be listed in accordance with UL 325.
Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F2200.
Consultation with Town emergency services. The applicant shall arrange an on-site meeting with the fire department having primary coverage of the project area and any other associated emergency service provider or Town department, to review the components of the system, safety issues and procedures for emergency response. This shall include details on the location of labeled warnings, access to the site, and emergency disconnection of the system. A draft version of the operation, safety and maintenance plan described above shall be made available to attendees of this meeting at least seven calendar days before. The applicant shall take feedback from attendees and amend the operation, safety and maintenance plan as needed. At the discretion of the fire department, any materials or equipment needed to reasonably respond to an emergency shall be provided at the expense of the developer, ISAOA, ATIMA.
Ownership changes. If the owner or operator of the solar energy system changes or the owner of the property changes, all requirements of the special use permit and site plan approval shall remain in effect. Approval to operate the system shall continue, provided that the successor owner or operator assumes in writing all obligations of road use agreement, decommissioning plan, security, escrow, and any other binding agreements. Transferring owner or operator must acquire and provide proof of successor owner's written acceptance of obligations of the decommissioning plan, security, escrow, and any other binding agreements to the Code Enforcement Officer and the Town Supervisor within 10 business days of execution. Failure to do so shall be a violation of this provision. A new owner or operator of the solar energy system shall notify the Code Enforcement Officer and the Town Supervisor of such change in ownership or operator 30 days prior to the ownership change and provide successor owner's contact information including name, title, physical mailing address, telephone number and email address. If successor owner or operator fails to notify and provide contact information as detailed above the successor owner shall pay to the Town of Johnstown a penalty of $5,000. All the terms set forth herein shall be binding on developers, ATIMA/ISAOA.
Annual report/inspection. On a yearly basis, the solar energy system owner shall provide the Town a report showing the rated capacity of the system and the amount of electricity that was generated by the system and transmitted to the grid. The report shall be submitted no later than 30 days after the end of the calendar year. Additionally, an applicant/operator shall hire an independent, third-party engineer/inspector approved by the Town to oversee compliance with site and operational requirements and the ongoing obligation of same for the lifetime of the project. The engineer/inspector shall perform a site inspection if a complaint regarding the solar energy system and any of its components is made to the Town of Johnstown Code Enforcement Officer. An annual meeting with the fire department shall take place to re-evaluate protocols, procedures, training, and equipment. At the discretion of the fire department, any materials or equipment needed to respond to an emergency shall be provided at the expense of the developer, ISAOA, ATIMA. Annual inspections of the completed solar energy system shall be performed at the expense of the developer, ATIMA, ISAOA.
Project changes. Any changes to the solar energy system that occur after final approval from the Planning Board, except for immaterial modifications as defined herein, shall be done by amendment to the special use permit only and shall be subject to the requirements of this section. Unless expressly limited by a condition imposed in the permit, the Code Enforcement Officer, or other Town designee may, during project construction, allow immaterial modifications to the design of the project as represented in the final set of site plans reviewed by the Planning Board. Such immaterial modifications shall only be allowed in response to a written request by the applicant. All such requests shall be addressed to the authorized Town designee, with copies to the Chairman of the Planning Board, and the TDE.
Insurance.
Unless waived by the Town, the applicant or facility owner shall agree to secure and maintain for the duration of the project, public liability insurance as follows:
Commercial general liability covering personal injuries, death and property damage: $5,000,000 per occurrence, $10,000,000 aggregate, which shall specifically include the Town and its officers, councils, employees, attorneys, agents and consultants as additional named insured;
Umbrella coverage: $10,000,000.
Insurance company. The insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the State and with at least a Best's rating of "A".
Insurance policy cancellation. The insurance policies shall contain an endorsement obligating the insurance company to furnish the Town with at least 30 days' prior written notice in advance of cancellation.
Insurance policy renewal. Renewal or replacement policies shall be delivered to the Town at least 15 days before the expiration of the insurance that such policies are to renew or replace.
Copies of insurance policy. No more than 15 days after the grant of the permit and before construction is initiated, the permit holder shall deliver to the Town a copy of each of the policies or certificates representing the insurance in the required amounts.
Certificate of insurance. A certificate of insurance that states it is for information purposes only and does not confer sufficient rights upon the Town shall not be deemed to comply with this section.
Construction inspection. The escrow account required herein shall be used to provide inspection by a town designated engineering consultant during construction of the solar energy system. Work shall remain accessible and exposed until inspected and accepted by the town's consultant. After inspection, the work or a portion thereof shall be noted as satisfactory as completed, or the permit holder shall be notified as to how the work fails to comply with the Uniform Code or conditions of the special use permit. Work not in compliance shall remain exposed until brought into compliance, reinspected, and found satisfactory as completed. During construction, the Town Building Inspector/Code Enforcement Officer can issue a stop order at any time for violations of the State Codes, Town Zoning Law, and violation of any special use permit or site plan approval or condition of approval.
Operational inspection. Upon 24 hours' advance notice to the owner/operator or designated contact person, the Town of Johnstown Code Enforcement Officer/Building Inspector or his or her designee may enter the solar energy facility to verify compliance with any requirements or conditions. The solar energy system shall be inspected by a New York State licensed professional engineer, under contract with the town and paid by the escrow account required herein, to ensure that it is operating according to the conditions of the special use permit. Such inspections shall be done annually, and at any other time, upon a determination by the Town's Building Inspector that damage may have occurred. The engineer shall file an inspection report with the Town Code Enforcement Officer/Building Inspector. All recommendations for maintenance and repair contained in said report shall be completed by the operator within a written schedule agreed on by the Code Enforcement Officer/Building Inspector.
Groundwater testing. For Tier 3 or larger facilities, Unadulterated soil samples shall be taken at four corners of the proposed site. Testing shall utilize four-foot-deep holes, with testing at two-foot increments. One monitoring test well shall be at the lowest elevation on the site. In the event groundwater containination occurs as a result of the solar facility, the operator, at its sole expense, shall provide a reliable alternative water source and address the contamination in accordance with all legal requirements. Annual soil and water testing to be conducted at the developer's expense by a qualified testing authority. Reports will be provided to the Code Enforcement Office and Fulton County Planning Department in both a physical and electronic copy.
Abandonment or decommissioning of systems. The following applies to Tier 3 and larger solar energy systems. A proposed decommissioning agreement shall be provided by the applicant and approved by the Town Board. No building permit shall be issued for a solar energy system until the decommissioning agreement has been executed and financial surety provided as set forth below.
Cause to implement decommissioning plan.
If a solar energy system ceases to perform its originally intended function for more than six months or is considered abandoned by the Code Enforcement Officer for lack of maintenance and other provisions of this section, the Code Enforcement Officer shall notify the owner and/or operator of the facility to implement the decommissioning plan. Within 180 days of notice being served, the facility owner shall either restore operation or complete implementation of the decommissioning plan. If the owner and/or operator fails to fully implement the decommissioning plan within the 180-day time period and restore the site to original conditions as required, the Town may implement the decommissioning plan in accordance with the law, and recover all expenses incurred for such activities from the financial surety described in other sections of this section, and if required, from the defaulted facility owner.
If the applicant begins and does not complete construction within 18 months after receiving final site plan approval, the decommissioning plan may be implemented unless the facility owner can show to the satisfaction of the Code Enforcement Officer good cause as to why this time should be extended for a maximum of six months. At which time if the facility is not fully constructed and operating, the Town Board may implement the decommissioning plan in accordance with this section.
Decommissioning plan. The plan shall be submitted as part of the application to the Planning Board. The decommissioning plan that ensures that the site will be restored to a useful, nonhazardous condition without delay, including but not limited to the following provisions:
The removal of the solar energy system from the facility area, including but not limited to all above and subsurface structures, electrical equipment, wires, footings, ground anchors, cables, utility poles, point of interconnection, concrete, switch gears, transformers, fencing, renewable energy electrical substations, inverters, roadways, stormwater management features, roadways, etc.
Compacted portions of the site shall be decompacted and excavations shall be backfilled to restore the site. The original surface grade (top soil) will be restored to its original (undisturbed) condition and premium topsoil will be added if any top soil was lost in the process of removal of the facility.
Revegetation of restored topsoil areas with native seed mixes, excluding any invasive species.
The cost of removing the entire solar energy system based upon prevailing wages and any other requirements applicable to municipalities under state or federal law.
No salvage value shall be attributed to any of the components of the solar energy system and/or the solar energy equipment.
A schedule and methods for the removal of the solar energy system and/or the solar energy equipment, including any ancillary structures.
A plan for restoring the property to its pre-installed condition, including grading and vegetative stabilization to eliminate any negative impacts to surrounding properties, and, where if it was previously used for farming, with vegetation suitable for farming purposes, i.e. a hay field, crops or grazing. Such restoration shall follow NYS Department of Agriculture & Markets Guidelines for Solar Energy Projects — Construction Mitigation for Agricultural Lands, as updated.
As of the adoption of this section, solar panels are not permitted to be disposed at the Fulton County Landfill. As part of the decommissioning plan, the solar developer will need to identify a disposal and/or recycling site of panels with an executed agreement.
Financial surety.
Financial surety shall be in an amount sufficient to ensure the good faith performance of the terms and conditions of the permit issued pursuant hereto and to provide for the removal of the solar energy system and restoration of the site subsequent to removal.
Prior to the issuance of a building permit and each year thereafter, the solar energy system owner shall file with the Town evidence of financial security to provide for the full cost of decommissioning and removal of the solar system in the event the system is not removed by the system owner. Evidence of financial surety shall be in effect throughout the life of the system and shall be in the form of an irrevocable letter of credit or other security acceptable to the Town Board. The irrevocable letter of credit shall include an automatic extension provision, to be issued by an A-rated institution solely for the benefit of the Town, substantially in the form attached hereto as Exhibit A.[2]
[2]
Editor's Note: Said exhibit is on file in Town offices.
The amount of the financial surety shall be 150% of the estimated cost of removal of the solar energy system and restoration of the property, with an escalator of 2% annually (or Consumer Price Index change if more than the annual escalator of 2%) for the life of the solar energy system and shall not consider the net salvage value of any such project components. The financial surety established by the agreement shall not be subject to disclaimer or rejection in a bankruptcy proceeding. The amount of the surety shall be determined and certified by the applicant's engineer and shall be reviewed by the TDE. The amount of the surety may be adjusted by the Town during each five year review as required.
In the event of default upon performance of such conditions, after proper notice and expiration of any cure periods, the security shall be forfeited to the Town, which shall be entitled to maintain an action thereon. The financial surety shall remain in full force and effect until 90 days after the restoration of the property, as set forth in the decommissioning plan, is completed.
Any cost incurred by the Town that exceeds funding available to them from financial surety, which cannot be recovered from the defaulted facility owner, shall be assessed against the property, in a manner to be prescribed by law, and in the form of tax, lien or other available method enforceable by the Town.
Waivers. The Planning Board may, in the event of special circumstances in a particular application, waive strict compliance of any one or more requirements set forth in this section provided that the Planning Board sets forth a finding that:
Granting the waiver would be consistent with the intent and spirit of this section, and is in the best interest of the community;
There is no adverse effect on the welfare of the neighborhood as a result of such waiver; and
That denying the waiver would result in undue hardship to the applicant or operator, provided that such hardship has not been self-imposed.