Kendall City Zoning Code
ARTICLE VII
Special Permit Use Regulations
§ 265-48 Permit renewals.
Special permit uses in Article VII have permit renewal terms of two, three or five years. Permit renewals shall be issued by the Zoning Enforcement Officer, provided the use continues to comply with all conditions of the original permit. However, the Planning Board may reevaluate and/or revoke any special permit prior to its renewal date if flagrant and/or persistent violations of the special permit conditions are identified and confirmed by the Zoning Enforcement Officer.
§ 265-49 Airports.
An application for the establishment, construction, enlargement or alteration of an airport shall include, in addition to requirements for special use permits outlined in Article IX, the following statements and information:
A.
Name and address of the proponent.
B.
Classification of the proposed airport, such as commercial, noncommercial, or restricted.
C.
Number of aircraft expected to be based at the airport initially and within five years.
D.
Type of aircraft expected to be based at the airport initially and within five years.
E.
Whether an instrument approach procedure will be offered.
F.
Statement as to the anticipated number of daily operations.
G.
Copy of the airspace clearance granted by the Federal Aviation Administration for this airport, including USGS topographic map.
H.
A copy of the New York State Commissioner of Transportation's determination that the airport is in compliance with the provisions of § 249 of the New York State Business Law.
I.
A site plan of the airport which includes the following in addition to the requirements listed in Article X:
(1)
Scale no smaller than one inch equals 100 feet.
(2)
Location of all existing and proposed structures.
(3)
Alignment of existing and/or proposed runways shown in their exact location.
(4)
Location of aircraft parking and tie-down areas.
(5)
Provision for vehicular access and off-street parking.
(6)
Location and method of all fuel storage facilities.
K.
The special permit term for public airports shall be five years.
L.
The Planning Board may, in its discretion, exclude from the requirements of Subsection I above, any private airport established, constructed or maintained by an individual on his own property for his personal or hobby use; provided, however, that the following conditions are met:
(1)
The average number of hours that the airport is in use each week does not exceed 12 hours.
(2)
The individual owns no more than three planes, none of which is designed to accommodate more than six persons, including the pilot.
(3)
The Planning Board may in its discretion require the applicant to submit proof that the requirements of § 249 of the General Business Law are otherwise complied with, depending on the proposed airports proximity to highways and other airports.
(4)
The special permit term for a private airport shall be five years.
§ 265-50 Camping grounds.
Camping grounds shall be occupied only by travel trailers, pickup coaches, motor homes, camping trailers, recreational vehicles, and tents suitable for temporary habitation and used for travel, vacation and recreation purposes. The removal of wheels and placement of a unit on a foundation in a camping ground is prohibited.
A.
Minimum lot size: 10 acres.
B.
Not more than 10 travel trailers, campers, tents, recreational vehicles or motor homes shall be permitted per acre of gross campground area.
C.
A camping ground shall be so located that no entrance or exit from an individual campsite shall discharge traffic into any residential area. A camping ground shall have a minimum of 150 feet of frontage on a public street.
D.
Conditions of soil, groundwater level, drainage and topography shall not create hazards to the property or the health or safety of the occupants. The site shall not be exposed to objectionable smoke, noise, odors, or to other adverse influences, and no portion of the camping grounds subject to flooding, subsidence or erosion shall be used for any purpose which would expose persons or property to hazards.
E.
Management headquarters, recreational facilities, toilets, dumping stations, showers, coin-operated laundries, and other uses and structures customarily incidental to the operation of camping grounds are permitted as accessory uses to the camping grounds. In addition, retail stores and other convenience establishments shall be permitted as accessory uses in camping grounds in such districts where such uses are not allowed as principal uses, subject to the following restrictions:
(1)
Such establishments and the parking areas primarily related to their operations shall not occupy more than 5% of the gross area of the camping ground. Such establishments shall be restricted in their use to occupants of the camping ground.
(2)
Such establishments shall present no visible evidence from any street outside the camping ground of their commercial character which would attract customers other than occupants of the camping ground.
(3)
The structures housing such facilities shall not be directly accessible from any public street, and shall be only be accessible from a street within the camping ground.
F.
Plans for sewage disposal and water supply shall be designed in accordance with standards promulgated by the New York State Department of Health and/or Environmental Conservation, and shall receive approval from said agencies.
G.
Streets in camping grounds shall be private, but shall be constructed with a stabilized travel way and shall meet the following minimum stabilized travel way width requirement:
H.
Each travel-trailer site shall be at least 2,500 square feet in area, and shall have a minimum width of 40 feet.
I.
A minimum of 8% of the gross area for the camping ground shall be set aside and developed as common use areas for open or enclosed recreation facilities. No travel trailer, storage area, or utility site shall be counted as meeting recreational purposes.
J.
Entrances and exits to camping grounds shall be designed for safe and convenient movement of traffic into and out of the camping ground and to minimize friction with movement of traffic on adjacent streets. All traffic into or out of the camping ground shall be through such entrances and exits. An adequate lighting system shall be provided for the camping ground.
K.
All utilities shall be underground.
L.
Not less than one covered 20 gallon garbage receptacle shall be provided for each camp site. Garbage and rubbish shall be collected and disposed of as often as may be necessary to insure sanitary conditions.
M.
All applicable sanitation standards promulgated by the State of New York, County of Orleans, or Town of Kendall shall be met.
N.
Setbacks. Each building or structure within a camping ground shall comply with the setback regulations applicable to the zoning district in which such camping ground is located, except that travel trailers, campers, tents, motor homes, and the motor vehicles propelling or carrying the same may be located not closer than 15 feet of any side or rear lot line nor closer than 60 feet to any front lot line.
O.
The special permit term for this use shall be five years.
§ 265-51 Clubs (lodges, fraternal organization, etc.).
B.
Landscaping areas or screening adequate to protect adjacent properties and land uses shall be provided on all side and rear lot lines.
C.
Minimum parking shall be one per employee and one per each three members.
D.
Entrances and exit points shall be from major or secondary roads.
E.
The special permit term for this use shall be three years.
§ 265-52 Commercial day-care centers.
[Amended 9-17-2013 by L.L. No. 1-2013]
A.
A commercial day-care center shall be subjected to site plan review per Article X of the Town of Kendall Zoning Ordinance and shall in addition require engineered plans and drawings and instrument survey maps, signed and stamped by a New York State licensed professional.
B.
A commercial day-care center must have an active outdoor play area of 100 square feet per child.
C.
Outdoor play areas must be appropriately fenced in or otherwise protected from roads or nearby properties.
D.
No outdoor play equipment may be placed within 10 feet of any property line, fence or structure.
E.
Minimum parking shall be one space per staff member, plus one space per each two enrolled clients. Registered commercial day-care centers must provide handicap parking as required by New York State building codes.
F.
Commercial day-care centers shall comply with all New York State building codes, Health Department codes, the requirements of the New York State Office of Children and Family Services and any other applicable federal, state or local rules and regulations. Code enforcement shall be the responsibility of the Town of Kendall.
G.
The owner and/or provider of a commercial day-care center shall provide a copy of his license or registration certificate from the New York Office of Children and Family Services, along with a copy of his liability insurance certificate to the Town of Kendall Planning Board before a special use permit will be issued.
H.
The special use permit term for this use shall be three years.
§ 265-53 Drive-in business.
A.
The following information shall be submitted as part of the application for site plan approval and for a special use permit for a drive-in business, in addition to that information required in other sections of this chapter.
B.
All drive-in businesses shall be a minimum of 200 feet from other such businesses, which distances shall be computed as follows:
(1)
For such businesses on the same side of the street, 200 feet measured diagonally between the two closest property lines.
(2)
For such businesses on opposite sides of the street, 200 feet measured diagonally between the two closest property corners.
(3)
For four-corner intersections, one such business may be located on diagonally opposite corner exclusive of the two-hundred-foot distance requirement.
C.
All drive-in businesses shall provide suitable storage of trash in areas which are so designated and constructed as to allow no view of the trash storage from the street, to prevent wastepaper from blowing around the site or onto adjacent properties or public right-of-way, and to permit safe, easy removal of trash by truck or hand.
D.
The minimum distance of any driveway to property line shall be 15 feet.
E.
The minimum distance between driveways on the site shall be 65 feet measured from the two closest driveway curbs.
G.
Drive-in businesses adjacent to or integrated in a shopping center or cluster of commercial facilities shall use the common access with other business establishments in that center.
H.
Exterior lighting proposed for the site shall be planned, erected and maintained so it will not cast direct light or glare upon adjacent properties or public right-of-way. The light source shall not be higher than 20 feet.
I.
Landscaping and fencing shall be provided in accordance with § 265-36 to minimize visual impacts and minimize conflicts with adjacent land uses.
J.
Water supply and sewage disposal systems shall be reviewed by the Orleans County Health Department.
K.
The special permit term for this use shall be five years.
§ 265-54 Essential services and public utilities.
B.
The Planning Board shall determine the following prior to approving a special permit:
(1)
The proposed installation in a specific location is necessary and convenient for the efficiency of the essential services and public utilities or the satisfactory and convenient provision of service to the area in which the particular use is located.[2]
(2)
The design of any building in connection with such facility shall conform to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights in the district in which it is to be located.
(3)
Adequate landscaping will be provided to create a visual and sound buffer between such facilities and adjacent property.
(4)
All new and replacement electric distribution, telephone, cable TV and other lines shall be placed underground.
(5)
All services connections from distribution lines to consumers shall be placed underground.
(6)
All points of necessary access, or transformers, shall be placed in secure structures at ground level.
(7)
All major electrical transformer facilities or substations, if above ground, shall be secured by an outer and inner fence, each 10 feet from each other at any point; also no transformer or associated switches shall be closer than 100 feet from any lot line.
C.
The special permit term for this use shall be three years.
§ 265-55 Excavation and mining.
A.
The applicant shall furnish evidence of a valid permit from the New York State Department of Environmental Conservation pursuant to Title 27, Article 23, of the Environmental Conservation Law, when applicable.
B.
Minimum lot area: 10 acres.
C.
All buildings and excavation operations shall be located or shall occur not less than 100 feet from any street or property line.
D.
All equipment used for excavations and processing shall be constructed, maintained, and operated in such a manner as to eliminate, as far as is practical, noises and vibrations and dust conditions which are injurious or a nuisance to persons living in the vicinity.
E.
All operations shall be conducted between the hours of 7:00 a.m. and 6:00 p.m. with no Sunday or legal holiday operations, and except in the case of a public or private emergency or whenever any reasonable or necessary repairs to equipment are required to be made.
F.
All land which has been excavated must be rehabilitated in accordance with reclamation plans approved by the Planning Board as part of the site development plan review and approval process within one year after the termination of operations, at the expense of the operator.
G.
A performance bond or some other financial guarantee shall be required to assure that the conditions stipulated in the approval of the special use permit are carried out.
H.
The Planning Board shall consider the following criteria in their review of the special use permit request:
(1)
The current use of the property proposed to be excavated as well as the proposed use of the area subsequent to completion of the excavation and restoration thereof.
(2)
The potential short-term and long-term effects of the proposal on the aesthetics and environment of the area or of surrounding areas.
(3)
The potential effect that the proposed action will have on agricultural productivity in the area and its effect on future development in the area.
(4)
The amount of time, as estimated by the applicant, that will be required for the completion of the proposed excavation and the restoration of the property.
(5)
Noise and/or vibrations that may be created by the proposed operation.
(6)
Additional traffic that may be created by the proposed operation. Deleterious effects, if any, on the property in the general area of the proposed operation.
I.
The special permit term for this use shall be two years.
J.
No persons, firm or corporation shall strip, excavate, or otherwise remove topsoil for sale or other use other than on the premises from which taken, except in connection with the construction or alteration of a building on such premises and excavation or grading incidental thereto. Any area of land consisting of more than one acre from which topsoil has been removed or covered over by fill shall be seeded to provide an effective cover crop within the first growing season following the start of said operation.
§ 265-56 Farm labor camps.
A.
The special permit term for this use shall be three years.
B.
The minimum lot size for a farm labor camp shall be 20,000 square feet for the first four camp occupants, with additional area of land provided for each additional occupant inhabiting the camp thereafter as required by county, state, and federal laws and codes.
C.
Farm labor camps shall comply with the setback regulations applicable to the zoning district in which they are located.
D.
Labor camps may only operate during the growing and harvesting season (May to November) except when extraordinary circumstances are shown.
E.
The Zoning Enforcement Officer may inspect the camp at any time on one day's notice to assure the provisions of this chapter are being complied with.
F.
The labor camp and camp buildings must continually comply with all applicable local, state and federal ordinances, rules and regulations.
§ 265-56.1 Farm labor housing within agricultural districts.
[Added 9-17-2013 by L.L. No. 1-2013]
A.
Farm labor housing located within the Town of Kendall lying within the boundaries of an Orleans County-adopted, New York State-certified agricultural district shall be subjected only to a site plan review and approval by the Planning Board, a public hearing and a permit issued by the Zoning (Code) Enforcement Officer per Article III of the Town of Kendall Zoning Ordinance.
B.
The maximum gross density of the farm labor housing shall not exceed six dwelling units or single-wide trailers per acre. All occupational density standards shall comply with Orleans County Health Department rules and regulations.
C.
All farm labor housing must continually comply with all applicable local, state and federal building codes, rules and regulations, including Health Department, Agriculture and Markets, H2A requirements, property maintenance codes and standards. All manufactured homes used for farm labor housing shall be in compliance with applicable HUD construction and safety standards in effect at the time of manufacture or shall be inspected and approved by the Code Enforcement Officer to ensure that the premises are structurally sound and meet required building codes.
D.
All farm labor housing shall be connected to:
(1)
Either a public water supply system or a private well water system inspected and approved by the Orleans County Health Department.
(2)
Either a public sanitary sewage disposal system or private septic system inspected and approved by the Orleans County Health Department.
(3)
The minimum front setback from any public street shall be 90 feet. Side and rear setback shall be a minimum of 30 feet.
§ 265-57 Home business.
A.
No more than two persons other than a member of the immediate family occupying such dwelling shall be employed.
B.
There shall be no outdoor storage or display of materials, goods, supplies, or equipment related to the operation of the home business.
C.
The use shall not generate vehicular traffic in greater volumes than that normal to the zoning district in which the use is located. Minimum parking shall be one space per employee, plus one space for every 300 square feet of gross floor area committed to the business.
D.
In no way shall the appearance of the structure be altered or the business be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs or the emission of sounds, noise, or vibrations.
E.
The use shall not generate noise, vibration, glare, fumes, odors, or electrical interference beyond what normally occurs in the applicable zoning district.
F.
One sign shall be allowed not to exceed four square feet in area per side with a maximum of two printed sides.
G.
No more than 40% of the gross floor area of a dwelling shall be used for the conduct of a home business. The total gross floor area of a detached accessory structure shall be permitted for use of a home business provided that no part of the business is conducted within the principal structure.
H.
No more than one commercial vehicle type shall be used in connection with the home business.
I.
No home business shall be permitted where access is provided only by a shared private road.
J.
There shall be no use of utilities or community facilities beyond that normal to the use of the property for residential purposes.
K.
Motor vehicle repair shops shall not be deemed a home business.
L.
A physician or dentist may use a residential structure owned by such practitioner for a professional office, even if he does not reside in such structure, subject to the following:
M.
The special permit term for this use shall be five years.
§ 265-58 Hotels and motels.
B.
Restaurants, cafeterias, swimming pools, newsstands, pharmacies, barber shops, hairdressers, gift shops, and other personal service shops for the convenience of guests may be permitted as accessory uses. With the exception of an identifying sign for the restaurant, no external evidence of their internal commercial activities is permitted.
D.
No driveway shall be located less than 50 feet from an intersection, and the use of common access with other similar uses is encouraged.
E.
No driveway shall be less than 20 feet from a property line.
F.
The minimum distance between driveways on the site shall be 70 feet, measured in a straight line between the two closest curbs.
G.
No driveway shall be less than 20 feet in width.
H.
All hotels and motels shall provide a commercial-type refuse container on site. Such containers shall be placed on a concrete or stone pad, visually screened from view, and shall provide adequate rodent control measures.[2]
I.
No exterior light source shall be erected in excess of 50 feet above the ground, and shall be placed so as to not cast direct light or glare on adjacent properties.
J.
Landscaping and/or fencing shall be provided to minimize visual conflicts with adjacent land uses. All fencing shall comply with § 265-36.
L.
Water supply and sewage disposal systems shall be reviewed and approved by the Orleans County Health Department.
M.
The special permit term for this use shall be five years.
§ 265-59 Junkyards.
The, provisions of the State Junkyard Law (General Municipal Law § 136, as amended) are hereby adopted by reference and shall apply to all junkyards as defined in this chapter. The expansion or alteration of existing junkyards shall also be governed by the provisions of this section.
B.
A junkyard shall be completely surrounded with a fence (or screen) at least eight feet in height which completely screens the junkyard from public view and with a suitable gate which shall be closed and locked except during the working hours of such junkyard or when the applicant or his agent shall be within. Such fence shall be erected no nearer than the required setbacks.
C.
All junk stored or deposited by the operator shall be kept within the enclosure of the junkyard except as removal shall be necessary for the transportation of same in the reasonable course of business.
D.
The special permit term for this use shall be two years.
§ 265-60 Kennels and animal hospitals.
B.
Adequate landscaping of fencing shall be provided to create a visual, sound and smell buffer between such facilities and adjacent properties.
C.
All buildings, structures or other accessory uses shall be at least 75 feet from any property line.
D.
All animals shall be kept within a totally enclosed building between 8:00 p.m. and 6:00 a.m.
E.
Lot coverage shall not exceed 50%.
F.
Entrance and exit points shall be from major or secondary roads only.
G.
One parking space shall be provided for each employee and one space for every three kennel runs at all kennels and animal hospitals.
H.
The special permit term for this use shall be three years.
§ 265-61 Mobile/manufactured home park.
A.
The special permit term for this use shall be five years.
B.
The minimum site area of proposed mobile/manufactured home parks shall not be less than 20 acres.
C.
Individual mobile/manufactured home lots shall have an area of not less than 10,000 square feet. Each individual lot shall front on an interior park roadway and have a minimum width of 75 feet.
E.
The minimum setbacks of every mobile/manufactured home, building or other structure in a park from the nearest public street line shall be 70 feet, and from every other lot line of the park shall be 40 feet.
F.
Not more than one mobile/manufactured home shall be located on any one individual lot. Every mobile/manufactured home within a park shall be located on a mobile/manufactured home lot shown on the approved site plan for said park.
G.
At least one framed service building shall be constructed in each mobile/manufactured home park which shall be adequate to provide for storage of all equipment, tools, and materials necessary for the maintenance of the park, and all such equipment, tools, material shall be stored within said building when they are not in use.
H.
Each individual lot must have not less than two off-street parking spaces. Such parking spaces shall be connected to the entrance of the mobile/manufactured home by a paved sidewalk having a minimum width of 36 inches.
I.
No boats, campers, travel trailers, recreational vehicles, or unregistered and unlicensed motor vehicles shall be parked or stored at any place within a mobile/manufactured home park except in areas designated and approved for such storage as part of the site plan approval.
J.
Every travel lane and parking lane within a mobile/manufactured home park shall have a minimum pavement width of 12 feet and each roadway shall have a minimum right-of-way width of 50 feet. If culs-de-sac exist, they shall have a minimum diameter of 80 feet.
K.
A complete water distribution system approved by the Orleans County Health Department and other appropriate agencies, including a water-service pipe for each mobile/manufactured home lot and appropriately spaced fire hydrants shall be installed.
L.
A public sanitary sewage disposal system approved by the Orleans County Health Department and other appropriate agencies shall be installed, including a sewer connection for each mobile/manufactured home lot.
M.
All public utility, electric, gas, cable television and telephone lines shall be installed underground.
N.
Appropriate streetlighting shall be installed on interior roadways with the minimum number of lights being on at each intersection of interior roadways or with abutting public road, and at least every 200 feet where such intersections are more than 200 feet apart.
O.
Pedestrian walkways shall be provided along at least one side of all interior streets and shall be five feet in width.
P.
A landscape plan shall be prepared and carried out which will assure the Planning Board that an appropriate planting of trees and shrubs will be included in the park design, including screening where necessary.
Q.
No mobile/manufactured home shall be located on a mobile/manufactured home lot until the roadways, sanitary sewage disposal system, water supply system, storm drainage system, streetlighting, landscaping, recreation areas, framed service buildings, and accessory vehicular storage buildings serving the mobile/manufactured home park have been installed in accordance with the approved site plan for the park.
R.
Each roadway shall be named and noted upon signs at each roadway intersection. Each mobile/manufactured home lot shall be assigned a permanent number which shall be noted on the mobile/manufactured home lot in a location clearly visible from the roadway.
S.
All fuel tanks used for heating within a mobile/manufactured home park, including all fuel tanks used for heating within individual homes, shall be installed underground in accordance with NFPA standards.
T.
Every mobile/manufactured home park shall have a recreational area or open space area for use by the occupants of the park. Such areas shall be as centrally located as the topography and design of the park permit. Such areas shall be not less than one acre for the first 20 mobile home lots, with an additional 1,000 square feet provided for each additional mobile home lot established thereafter.
U.
The park owner/operator shall provide for the regular collection and disposal of garbage, trash, and rubbish for all residents of the park.
V.
No more than one accessory building shall be permitted on any individual mobile/manufactured home lot.
W.
Each mobile/manufactured home shall be enclosed at the bottom with a fire-resistant skirt or enclosure within 30 days after the placement of the home on the lot.
X.
No enclosure or addition, with the exception of carports, door porches, and patios, shall be constructed on, added to, or attached to the exterior of any mobile/manufactured home.
Y.
No mobile/manufactured home shall be offered for sale, displayed for sale, or sold within a park unless such mobile/manufactured home is located on an individual mobile/manufactured home lot and is connected to electric, sewer and water services.
Z.
Every roadway within a mobile/manufactured home park shall be maintained in good repair and shall be open at all times reasonably possible for travel by occupants of the park and necessary fire, police, ambulance, public utility maintenance and fuel supply vehicles. The park owner/operator shall be responsible for providing and paying the cost of such maintenance and for all necessary snow removal.
AA.
Sale of lots. Any sale of a mobile/manufactured home lot or lots, or a portion of a mobile/manufactured home park, other than the entire mobile/manufactured home park, as shown on the plan of such park approved by the Town, shall thereupon immediately invalidate the special permit for such park approved by the Planning Board. Any use of any of the premises within the mobile/manufactured home park other than as a mobile/manufactured home park shall thereupon immediately invalidate the special permit of such park approved by the Planning Board.
BB.
Home occupations. Home occupations shall not be permitted in any individual mobile/manufactured home located within a park.
§ 265-62 Multiple-family dwellings.
A.
The maximum gross density shall not exceed eight units per acre.
B.
Minimum habitable floor area requirements:
(1)
Townhouse units with two bedrooms or less: 850 square feet.
(2)
Townhouse units with three bedrooms or more: 1,000 square feet.
(3)
Efficiency apartment unit: 550 square feet.
(4)
Apartment unit with one bedroom: 675 square feet.
(5)
Apartment unit with two bedrooms: 800 square feet.
(6)
Apartment unit with three bedrooms: 950 square feet.
(7)
No more than 20% of the total units within a multiple-family development shall be three or more bedroom units.
D.
All stairways to the second floor or higher shall be located inside the building.
E.
Access to public road.
(1)
All multiple-family dwelling developments must have direct access to public roads.
(2)
If there are more than 12 dwelling units in a multiple-family development, direct access must be provided to a public road by a private driveway or a road dedicated to the Town by the developer.
(3)
If there are more than 50 dwelling units in a multiple-family development, or if in the opinion of the Planning Board the location or topography of the site indicate the need for additional access, the Planning Board may require such additional access as a condition of site plan approval.
F.
Off-street parking shall be provided in the amount of two spaces for each unit.
G.
The aggregate of lot coverage of multiple-family dwelling development shall not exceed 30% of the total lot area.
H.
Plans submitted for site plan approval shall include: sewage disposal, water supply, storm drainage, landscaping, and lighting.
I.
The special permit term for this use shall be three years.
§ 265-63 Motor vehicle repair shops.
B.
Entrance and exit driveways shall have an unrestricted width of not less than 25 feet and not more than 30 feet, and shall be located not nearer than 10 feet from any property line, and shall be designed as to avoid the necessity of any vehicle backing out into any public right-of-way.
C.
No more than 10 licensed motor vehicles being serviced or repaired shall be stored or parked outdoors for more than 48 hours, and these shall be in areas effectively screened from all property lines. All such vehicles shall be stored in a neat, orderly manner.
D.
No such establishment shall be located within a distance of 200 feet of a residence, cemetery, school, church, hospital, nursing home, senior citizen housing or other place of public assembly designed for occupancy by more than 50% or within 500 feet of another motor vehicle repair shop or gasoline station on the same side of the street. Said distance shall be measured in a straight line between the nearest points of each of the lots or premises.
E.
A buffer strip shall be established, as determined by site plan review, along a side or rear property line facing any of the uses listed in Subsection D above.
F.
The entire area of the site traveled by motor vehicles shall be hard surfaced.
G.
All repairs of motor vehicles shall be performed in a fully enclosed building and no more than two motor vehicles shall be offered for sale on the premises at any one time.
H.
All motor vehicle parts or partially dismantled motor vehicle shall be stored inside an enclosed building.
I.
The special permit term for this use shall be two years.
§ 265-64 Public and semipublic buildings and grounds.
B.
Landscaped areas at least 10 feet in width or other suitable screening shall be provided for the entire length of any lot line adjacent to any residence or adjacent street.
C.
No structure of use shall be located within 15 feet of any adjacent property line.
D.
Entrance and exit points shall be from major or secondary roads.
E.
Parking areas shall not be within 10 feet of any property line.
F.
The special permit term for this use shall be three years.
§ 265-65 Retail fuel outlet.
B.
Entrance and exit driveways shall have an unrestrictive width of not less than 25 feet and not more than 30 feet, and shall be located not nearer than 15 feet from any property line, and shall be designed to avoid the necessity of any vehicle backing out into any public right-of-way.
C.
Entrance and exit point shall be from a major or secondary road.
D.
All buildings shall be set back from the major or secondary street line a distance of not less than 30 feet.
E.
Fuel pumps shall be located not less than 50 feet from the street line and not less than 30 feet from all other property lines.
F.
No such establishment shall be located within a distance of 200 feet of a school, church, hospital, nursing home, senior citizen housing or other place of public assembly designed for occupancy by more than 50 persons, or within 500 feet of another fuel station or repair garage on the same side of a street. Said distance shall be measured in a straight line between the nearest points of each of the lots or premises.
G.
Landscaped areas of at least 10 feet in width shall be provided along property lines to lessen any visual unattractiveness.
H.
The entire area of the site traveled by motor vehicles shall be hard surfaced.
I.
Any repair of motor vehicles shall be performed in a fully enclosed building and no more than two motor vehicles shall be offered for sale on site at any one time. No motor vehicles parts, or partially dismantled motor vehicle shall be stored outside of an enclosed building.
J.
The special permit term for this use shall be two years.
§ 265-66 Charter boat service.
A.
Charter fleet shall not exceed two boats.
B.
Adequate parking for the proposed operations shall be made in accordance with the terms and conditions of this chapter.
C.
All other legal requirements for the operation of charter boat service shall be maintained.
D.
The special permit term for this use shall be five years.
§ 265-67 Accessory building used for animal housing.
A.
Stock animals are permitted in those districts specified in Article V of this chapter, and shall require a minimum of one acre of yard for each animal unit kept. "Animal units" are defined as follows: one horse or one cow per animal unit; two goats or two pigs per animal unit; 50 rabbits or 50 fowl per animal unit. Other provisions include:
B.
The special permit term for this use shall be five years.
§ 265-68 Fish cleaning station.
A.
In order to obtain a special permit the following conditions will be required:
(1)
Liquid waste (fish washdown) disposal must be done by means of a permanent or temporary holding tank system. Introduction of fish wastes into a conventional septic tank system is prohibited as the high degree of organic solids would overload the system and cause premature failure of the system. All holding tanks must be equipped with a buzzer/alarm which indicates when the tank is 2/3 full or stick measurements made daily to determine remaining capacity. All tanks must be pumped out by a registered septic tank hauler, receipts kept on file, and a log of pumpout dates submitted annually to the Town Clerk and made available upon request for inspection to verify pumpout frequency.
(2)
Gurry waste (a mixture of fish washdown and ground-up fish solids) disposal must also be done by means of a holding tank system. Disposal of gurry waste shall only be performed by a registered septic tank hauler with the appropriate permits to transport and dispose of the waste either at a community sewage treatment plant or by land spreading.
(3)
Solid wastes (fish guts and carcass) disposal must be a part of the fish cleaning station. It is neither desirable nor practical to expect fisherman to search out an approved disposal site for the disposal of solid fish wastes. Garbage cans with tight-fitting covers are acceptable if proof is submitted that the pickup of the wastes will be frequent enough to prevent odor problems. Commercial deodorizers shall be required if the frequency of disposal is not sufficient to eliminate odor problems. Dumpsters are permitted to be used if proof is submitted that they are to be emptied a minimum of two times per week. Commercial deodorizers shall be used in all dumpsters regardless of the frequency of disposal.
(4)
Solids handling, disposal, and storage shall be located in an area as far removed from residential developments as possible, with the minimum distance from any property line being 50 feet.
B.
The special permit term for this use shall be three years.
§ 265-69 Bed-and-breakfast.
A.
A maximum total of eight guests shall be allowed to occupy a bed-and-breakfast establishment on an overnight basis.
B.
A maximum of two adult guests and accompanying minor children shall be allowed to occupy each rentable unit in a bed-and-breakfast establishment.
C.
The principal dwelling shall be owner-occupied.
D.
The dwelling shall not be altered in a manner which would cause the premises to differ from its residential character, nor shall any extensions or additions to the dwelling be made for the purpose of renting such space for overnight accommodations.
E.
The use of out buildings detached from the principal dwelling shall not be used for the purpose of a bed-and-breakfast establishment.
F.
A minimum of one off-street parking space shall be provided for each rentable unit. No such parking space shall be located in the front yard area and each space shall not be less than 10 feet by 20 feet.
G.
The dwelling may display a sign not to exceed two feet by two feet in size.
H.
No bed-and-breakfast establishment shall be permitted where access is provided by a shared driveway.
I.
No bed-and-breakfast establishment shall be permitted in an individual mobile home or mobile home park.
J.
Each rentable unit in a bed-and-breakfast establishment shall maintain a working smoke detector.
K.
Such uses shall comply in full with the Orleans County Sanitary Code and the New York State Uniform Fire Prevention and Building Code.
L.
The special permit term for this use shall be three years.
§ 265-70 Automobile sales/rental.
B.
Entrance and exit driveways shall have a minimum width of 25 feet and shall be not less than 20 feet from any side property line.
C.
Not more than 25 automobiles shall be offered for sale or rent on any lot at any one time, and all automobiles shall be displayed in a neat and orderly manner.
D.
All automobiles shall be in proper working order at all times and shall bear a New York State Department of Motor Vehicle Registration.
E.
The entire surface of the site to be traveled by motor vehicles shall be hard surfaced.
F.
No vehicles shall be displayed for sale or rent within 25 feet of any property line.
G.
No retail sale of fuels shall occur on the site at any time.
I.
No exterior light source shall be erected in excess of 50 feet above the ground surface and all lighting shall be placed to eliminate the casting of direct light or glare upon adjacent properties.
J.
Repair of motor vehicles on site is prohibited unless the provisions found in § 265-63 of this chapter are complied with in full.
K.
The special permit term for this use shall be three years.
§ 265-71 Meteorological test towers.
The Town of Kendall (TOK) will authorize the maximum of four meteorological test towers (met tower) special use permits for this purpose.
A.
Purpose. This supplemental regulation is to protect the interests of residents within the TOK by zoning laws controlling the location, Open Space Policy of the TOK Master Plan, engineering standards, restoration of permitted sites, roads and environment consistent with State of New York and federal statutes. Furthermore, these regulations are intended to protect health, safety, general welfare and visual aspects presented by the erection of met towers. Met towers are to be used only for the collection of anemometer information necessary within the development of CWECS design and location thereof. Met towers shall be only permitted within the Residential/Agricultural Zones (R/A) (Map 1 of 2, Town of Kendall, 8-5-1996, as amended).
B.
General requirements. A special use permit is required as defined in Article IX of this chapter. A special use permit may be granted for a period of two years. Once permit is granted, should nonperformance by the applicant for a period of 12 months occur, a revocation will be made by the TOK Code Enforcement Officer (CEO) and reapplication will become necessary to proceed. Should applicant demonstrate necessity supporting extension of this permit and proper written presentation to CEO, reviewed by the TOK Planning Board, an additional year may be granted.
(1)
Procedure. All applicants shall request in writing an informal consultation with the TOK CEO and Planning Board to assess, verify and direct applicant of special use permit procedures.
(2)
Application.
(a)
Shall comply with the this chapter or as amended by these regulations.
(b)
Shall provide proof of sufficient liability insurance and other insurances necessary to indemnify and hold harmless all government authorities of any claims resulting from this permit process.
(c)
Shall be submitted to the TOK CEO and Planning Board with completed State Environmental Quality Review (SEQR), full Type I action, Environmental Assessment Form (EAF), Visual Environmental Assessment Form (VEAF) detailing visual and esthetic analysis impacting all residents of the TOK, cemeteries and historical sites.
(d)
Shall include statement of necessity indicating met towers are essential for the anemometer collection of data and only to be used within design of CWECS and construction thereof. Furthermore, agreement to completely share with the TOK Town Board summary information harvested from each test tower, which would support or reject site for development of wind energy systems.
(e)
Shall be requested for each met tower individually and will be processed by the TOK authorities by date, accuracy and completeness of requested information, to include cost of legal, engineering, insurances, bonds, permits and fees as set forth by the TOK Town Board. Refer to § 265-93, Procedure.
(f)
Shall provide name, address and phone number of the applicant. If request is by corporation proof shall be required that it is currently legally registered within the State of New York.
(g)
Shall provide notarized proof of permission, name, address and phone number of the property owner of record, copy of deed, lien holders (if mortgaged), Tax Map, lot and block numbers of each proposed site. Five copies of New York State licensed civil engineer or surveyor prepared site plan displaying location of proposed met tower with topographic description displayed; also current photos of the site and directional photos facing neighboring properties. Recent aerial photos may be offered in lieu of directional photos.
(h)
Shall include list of all adjoining property owners and property owners within 2,600 feet of proposed met tower base. Property owners listed shall be sent, at the expense of the applicant by certified mail, letters advising each of impending action. These property owners must also be advised of this or future regulations that may affect their property values, rights and esthetics.
C.
General met tower design standards. Shall closely reflect industry standards for safety, site, visual, material, security, environmental protection, decommissioning and restoration of the site. Met towers shall not be installed within 500 feet from any roadway, building, or utility line, adjacent property line (other than land of owner), LWRP, Rural Residential (RR), General Business (B), Residential/Hamlet (RH) or school zone.
(1)
Met tower design shall include guyed monopole or latticework tower(s), antenna(s), anemometer, supporting masts, wires, guying system anchorage, structures, foundations and nonpermanent accessory buildings, if needed. Towers shall have a maximum height of 199 feet. All designs/drawings shall be prepared and raised stamped by an insured registered New York State professional engineer. Within this drawing package, a description of a fall zone exceeding 150% of the tower height is also required.
(2)
Exterior surfaces of met towers and appurtenant structures shall be coated or finished in a color scheme to blend with surrounding environment. Acceptable color presentation to TOK Planning Board is required.
(3)
Security fencing six feet in height extended with arms securing three barbed wire strands around each tower and guying anchorages to discourage unauthorized entry. The applicant is responsible to prevent vandalism and unauthorized access to site, property damage, potential injury and possible legal claims against the TOK.
(4)
Before use, met towers will be inspected by an independent structural testing authority, results certified by New York State registered engineer to affirm structural compliance, and submitted to the TOK Town Board for review. The TOK Town Board and Planning Board, at the expense of the applicant, may employ legal and consulting assistance to verify any conclusions presented. Among items to be reviewed include structural safety, visual standards, esthetics, communication interference, restoration of site at conclusion of permit period and all other pertinence to this permit.
(6)
If access roads are constructed, they are to be maintained and secured against unauthorized entry. All roadways are to be removed after permit period and restored to preconstruction condition. No vehicles will be permitted overnight parking after erection period; during operation, parking is limited to three vehicles. Public roads will be kept clean. Damage to public roadways must be immediately reported to the TOK Highway Superintendent for his advice and repaired meeting TOK, Orleans County and State of New York specifications.
(7)
Compliance with all FAA regulations will be strictly enforced, such as lighting and marking. Proof of noninterference with established microwave or communication towers is required. Local aircraft owners/flyers and aerial crop maintenance companies must be notified of sites and potential navigational hazards created.
D.
Decommissioning, removal and restoration shall commence within two weeks of special use permit expiration date. Formal application for extension may be presented to TOK CEO and Planning Board supporting reasons to extend. Unless extended special use permit is granted, all towers, buildings, foundations, anchorages, security fencing, materials and trappings shall be promptly removed from site. The entire site, access roads, parking areas, disturbed trees, soils and grasses returned to original condition. Before a special use permit is granted, the applicant must provide financial security to the TOK Town Board in the amount of $50,000 for each permitted site to insure removal(s) and restoration thereof. After final compliance to these regulations and approval by TOK CEO said bond/cash security would be released. The TOK Town Board reserves the option to adjust financial security bond/cash to adequately reimburse the TOK for actual costs incurred by nonperformance or adherence to these regulations.
§ 265-72 Wind Energy Overlay District.
A.
General provisions.
(1)
Creation. The Town Board of the Town of Kendall hereby adopts the rules and procedures for creating Wind Energy Overlay Districts to allow consideration of use of the Town's wind energy resource through commercial wind energy conversion systems (CWECS) and to regulate or prohibit the placement of such systems so that the public health, safety, and welfare will not be jeopardized.
(2)
Authority. The Town Board of the Town of Kendall adopts this section under the authority granted by:
(b)
New York Statute of Local Governments, § 10(1), (6), and (7).
(c)
New York Municipal Home Rule Law § 10(1)(i) and (ii) and § 10(1)(a)(6), (11), (12), and (14).
(d)
The supersession authority of New York Municipal Home Rule Law § 10(2)(d)(3).
(e)
New York Town Law, Article 16 (Land Use).
(f)
New York Town Law § 130(1) (Building Code), (3) (Electrical Code), (5) (Fire Prevention), (7) (Use of streets and highways), (7-a) (Location of driveways), (11) (Peace, good order and safety), (15) (Promotion of Public welfare), (15-a) (Excavated Lands), (16) (Unsafe buildings), (19) (Trespass), and (25) (Building lines).
(g)
New York Town Law § 64(17-a) (protection of aesthetic interests) and (23) (General powers).
(3)
Wind Energy Overlay District rules.
(a)
Under New York State statutes, the Town is not required to act on rezoning requests to create Wind Energy Overlay Districts. The rezoning of districts is completely at the discretion of the Town Board.
(b)
Wind Energy Overlay Districts are permitted only in Residential Agricultural (RA) and Rural Residential (RR) Districts.
(c)
No Wind Energy Overlay District may be initially created without specific requests for a CWECS.
(d)
Once a Wind Energy Overlay District has been created, new wind energy conversion systems, accessory structures, or facilities may be added in that district by the granting of a special use permit.
(4)
Creation of Wind Energy Overlay Districts.
(a)
Upon receipt of an application, the recommendations of the County Planning Board, the recommendations of the Town Planning Board, the holding of public hearings and the completion of the SEQRA process, the Town Board may approve, approve with conditions, or deny the application, in accordance with the standards of this section.
(b)
If approved, the Town Board will direct the Planning Board to modify the Official Zoning Map to reflect the creation of the Wind Energy Overlay District.
B.
Wind energy conversion systems.
(1)
Purpose. To permit and regulate the location, erection, operation and transmission lines of wind energy systems, thereby protecting the interests of Town of Kendall residents. Wind energy conversion systems shall be classified as residential, agricultural and commercial systems, permitted by the Town of Kendall and regulated by the enactment of this chapter.
(2)
Authority. The Planning Board, as an advisory panel, is charged by the Town Board of the Town of Kendall to prepare ordinances as requested by the Town Board, returning the prepared land use ordinance to the Town Board for its disposition.
(3)
Findings. The Planning Board of the Town of Kendall finds that:
(a)
Wind energy is an abundant, renewable, and nonpolluting energy resource of the Town of Kendall and its conversion to electricity may reduce dependence on nonrenewable energy sources and decrease the air and water pollution that results from the use of conventional energy sources.
(b)
The generation of electricity from properly sited wind turbines has the potential to tie into existing power distribution systems, allowing for the transmission of electricity from wind generation stations to utilities or other users, or alternatively may be used to reduce or eliminate on-site consumption of energy.
(c)
Regulation of the siting and installation of wind turbines is necessary for the purpose of protecting the health, safety, and welfare of neighboring property owners, the environment, and the general public. Wind energy conversion systems need to be consistent with Article I of this chapter and continue the Open Space Policy of the Town of Kendall Master Plan.
(d)
Wind energy conversion systems represent significant potential aesthetic impacts because of their large size, lighting and shadow flicker effects. The installation of commercial wind energy conversion systems will change the landscape and appearance of the Town of Kendall.
(e)
If not properly regulated, installation of wind energy conversion systems can create drainage problems through erosion and lack of sediment control for the facility and access roads and harm farmlands through improper construction methods.
(f)
Wind energy conversion systems may present risks to avian (bird) populations.
(g)
If not properly sited, wind energy conversion systems may present risks to the property values of adjoining property owners.
(h)
Without proper planning, construction of wind energy conversion systems can create traffic problems and damage local roads.
(i)
If improperly sited, wind conversion energy systems can interfere with various types of communications.
C.
Commercial wind energy conversion systems.
(1)
General.
(a)
No commercial wind energy conversion system shall be constructed, reconstructed, modified, or operated in the Town of Kendall except in compliance with this section.
(b)
No commercial wind energy conversion system shall be constructed, reconstructed, modified, or operated in the Town of Kendall, except in a Wind Energy Overlay District.
(c)
The placement, construction, and major modification of all commercial wind energy conversion systems (CWECS) within the boundaries of the Town of Kendall shall be permitted only by special use permit.
(d)
Commercial wind energy conversion systems are permitted only in the Residential Agricultural (RA) and Rural Residential (RR) Districts.
(e)
The applicant shall pay all costs associated with the Town of Kendall's review and processing of each application. The applicant shall submit a deposit with the application in the amount as determined by resolution by the Town Board. The Town of Kendall may require the applicant to enter into an escrow agreement to cover the engineering and legal costs of reviewing and processing all applications. This agreement will include the cost of the review required by SEQRA, creation of an overlay district, or modification to the Town of Kendall Master Plan.
(f)
Prior to the creation of a Wind Energy Overlay District, the Town Board has the ability to negotiate a payment in lieu of taxes and/or host community agreement with any applicant to compensate the Town for expenses or impacts on the community.
(g)
The Town of Kendall reserves the right to opt out of the provision of the New York State Real Property Tax Law (RPTL) § 487 under the authority within its jurisdiction granted by Paragraph 8 of that law.
(h)
Prior to the issuance of a building permit, the applicant shall provide the Town of Kendall with proof of insurance in a sufficient dollar amount to cover potential personal and property damage associated with the construction and operation thereof.
(i)
The applicant shall, prior to the receipt of a building permit, demonstrate that the proposed facility meets the system reliability requirements of the New York Independent System Operator, or provide proof that it has executed an interconnection agreement with the New York System Operator and/or the applicable transmission owner.
(j)
The applicant is responsible for remediation of damaged roads during construction and upon completion of the installation or during periods of maintenance of a wind energy conversion system. A public improvement bond shall be posted prior to the issuance of any building permit in an amount determined by the Town Board, sufficient to compensate the Town of Kendall for any damage to local roads and infrastructure.
(k)
The Town of Kendall shall be named as an additional insured under the general liability policy of the applicant, with an amount no less than an amount to be determined by the Town Board given the nature and scope of the project.
(2)
Application.
(a)
Applicants shall request a preapplication meeting(s) with the Planning Board, Code Enforcement Officer, and with any consultants retained by the Planning Board for preliminary application review.
(b)
Upon submittal of an application, the Planning Board shall, within 30 days of receipt, or such longer time if agreed to by the applicant, determine if all information required under this application is included in the application. No application shall be acted on by the Planning Board until the application is deemed complete by the Planning Board.
(c)
An application for a commercial wind energy conversion system (CWECS) shall include the following:
[1]
Name, address, and telephone number of the applicant. If the applicant is represented by an agent, the application shall include the name, address and telephone number of the agent as well as an original signature of the applicant authorizing the representation. The application shall include a certified list of individual and corporate officers of the applicant and their responsibilities to this project.
[2]
Name, address, and telephone number of the property owner. If the property owner is not the applicant, the application shall include a letter or other written permission signed by the property owner confirming that:
[3]
Proof of ownership of involved properties or long-term leases, legally executed and filed with the Orleans County Clerk.
[4]
Address or other property identification of each proposed tower location, including Tax Map section, block and lot number with Global Positioning Satellite (GPS) location of each proposed wind tower and related structure.
[5]
A plot plan with a minimum scale of one inch equals 400 feet prepared by a professional engineer licensed in the state of New York, stamped and dated to include:
[a]
Six copies of the drawing package.
[b]
North arrow and bar scale.
[c]
Property lines and physical dimensions of the site provided by a surveyor licensed in the State of New York.
[d]
Topography by one-foot contours.
[e]
The applicant shall include an existing site plan and proposed site plan to include all roadways, fields, ponds, lakes, watercourses, wetlands, residences, buildings, structures, historical sites, cemeteries, bridges or culverts, water wells, sewage systems, crop land and wood land by lot, block and tax identification number.
[f]
Location of public roads, adjoining properties, schools, hospitals, and public buildings within 2,500 feet of the boundaries of the proposed CWECS site.
[g]
Each WECS clearly referenced including location and elevation.
[h]
To demonstrate compliance with fall zone and setback requirements, circles are to be drawn around each proposed tower location equal to:
[6]
A construction plan sequential by site designation, estimated dates and duration of construction displaying access/egress roads for delivery of construction equipment, staging areas, parking areas for receiving and off loading of materials and structural components. No parking on public roads or streets shall be permitted.
[7]
A preconstruction survey to be performed by an independent third party, of roads, culverts and bridges shall be supplied to the Planning Board and Town of Kendall Highway Superintendent for review, verification, sign-off and record retention. The survey shall include photo and/or video documentation.
[8]
Vertical drawing of the CWECS showing total height, turbine dimensions, tower and turbine colors, ladders, distance between ground and lowest point of any rotor blade, location of climbing pegs, and access doors. One drawing may be submitted for each CWECS of the same type and total height.
[9]
A description of the total amount of land impacted by the construction and operation of a wind energy facility. The description will include the impacts of land clearing, the loss of open spaces and the amount of agricultural land used during all phases of the project.
[10]
Landscaping plan depicting existing vegetation and describing any areas to be cleared and all specimens to be added, identified by species and species size at installation with their location.
[11]
Lighting plan. The applicant shall submit a lighting plan that describes all lighting that will be required. Such plan shall include, but is not limited to, the planned number and location of lights, lighting that may be required by the FAA including, a copy of the FAA lighting determination, types of light, whether any such lights will be flashing, and mitigation measures planned to control the light so not to spill over onto neighboring properties.
[12]
Adjacent property owners. A list of all adjacent property owners of land within 2,500 feet as measured from the tower base to nonparticipating property lines shall be provided to the Planning Board for review and record retention. The list shall contain the names, property addresses, mailing address and Tax Map numbers of the property owners.
[13]
Decommissioning plan. The applicant shall submit a decommissioning plan which shall include:
[a]
The anticipated life of the CWECS.
[b]
The estimated decommissioning cost in current dollars.
[c]
How said estimate was determined including the amount the cost is offset with salvage value.
[d]
The method of ensuring that the funds will be available for decommissioning and restoration.
[e]
The method, such as annual re-estimate by an independent licensed engineer or qualified estimator approved by the Town, by which the decommissioning cost will be kept current.
[g]
Removal of the concrete base of the wind turbine to a depth of not less than five feet and restoration of affected land to preconstruction grade.
[h]
Removal of buried cables if less than five feet in depth.
[i]
A predecommissioning survey, to be performed by an independent third party, of roads, culverts and bridges and affected land. The survey shall include photo and/or video documentation.
[j]
Removal of access roads and restoration of affected land.
[k]
Widening of roadways, if necessary for heavy equipment and final restoration of all roadways used during removal.
[l]
Restoration of vegetation (consistent and compatible with surrounding vegetation), less any fencing or minor improvements requested by the landowner.
[14]
The application shall include information relating to the construction, installation and repair of the wind energy facility as follows:
[a]
Construction schedule describing anticipated commencement and completion dates.
[b]
Hours of operation.
[c]
Designation of heavy haul routes.
[d]
A list of materials, equipment and loads to be transported.
[e]
Identification of temporary facilities intended to be constructed, and representatives in the field with name and phone number(s).
[f]
Specific turbine information on the type, size, height, rotor material, rated power output, performance, safety, and noise characteristics of each wind turbine model, tower, and electrical transmission equipment.
[g]
Method of delivery, both short- and long-term storage, and the method of removal from the site of large components for repairs which may become necessary in the normal course of operation of the WECS over its operational life.
[h]
The amount of farm land removed from use during the construction period and after completion of the wind energy conversion facility.
[15]
SEQRA review.
[a]
Applications for CWECS are deemed Type I projects under SEQRA. The Town may conduct its SEQRA Review in conjunction with other agencies, in which case the records of review by said communities shall be part of the record of the Town of Kendall's proceedings. The SEQRA shall also include a Visual EAF Addendum (from SEQRA Part 617.20, Appendix B).
[b]
At the completion of the SEQRA review process, if a positive declaration of environmental significance has been issued and an environmental impact statement prepared, the Town of Kendall shall issue a statement of findings. The statement of findings may also serve as the Town's decision on the application.
[16]
Agricultural data statement. Applications for a facility that are proposed on property within an agricultural district containing a farm operation, or on property with boundaries within 500 feet of a farm operation located within an agricultural district, shall include an agricultural data statement. The statement shall include:
[a]
The name and mailing address of the applicant.
[b]
A description of the proposed project and its specific location.
[c]
Identification of the agricultural district in which the site is located.
[d]
A brief description of the farm operations and how they will be affected by the proposed wind system.
[e]
The name and mailing address of any owner of land located in an agricultural district within 500 feet of the boundary of the property upon which the project is proposed.
[f]
A Tax Map or other map showing the project site and the location of the farm operations involved.
[17]
Wind energy studies. All studies, where applicable, shall comply with NYSDEC Visual and Noise Assessment and Mitigation Guidelines. The following studies shall be submitted with the application:
[a]
Meteorological data. The applicant shall show evidence that a wind assessment has been conducted. Meteorological data such as air temperature, wind speed and wind direction shall be collected through a meteorological tower (met tower) sited within the Town of Kendall on or in close approximation to the proposed site. Test data cannot be interpolated from areas outside the Town of Kendall.
[b]
Shadow flicker. The applicant shall conduct a study on potential shadow flicker. The study shall identify areas where shadow flicker may interfere with residences, churches, schools and all public areas and buildings and describe measures that shall be taken to eliminate or mitigate the problems.
[c]
Visual impact. Applications shall include a visual impact study of the proposed CWECS as installed, which may include computerized photographic simulations. The study shall demonstrate any visual impacts from each strategic vantage point from residences, schools, churches, historic sites and all public buildings and gathering places. Mapping, at a minimum, shall include visibility based on topography-only and vegetation analysis with locations of residences, schools, churches, historic sites and all public buildings and gathering places.
[d]
Property value analysis prepared by a licensed appraiser in accordance with industry standards, regarding the potential impact of values of properties neighboring CWECS sites.
[e]
Fire protection. The application shall include a fire protection and emergency response plan, created in consultation with the fire departments having jurisdiction over the proposed sites. The plan may include but is not limited to the following:
[i]
Fireproof or fire-resistant building materials.
[ii]
Buffers or fire-retardant landscaping.
[iii]
Availability of water.
[iv]
An automatic fire-extinguishing system for all buildings or equipment enclosures of substantial size containing control panels, switching equipment, or transmission equipment operated without regular human occupancy.
[v]
Identification of tower locations and inclusion into the county 911 emergency system.
[vi]
Provision of training and fire-fighting equipment for local fire protection personnel.
[f]
Noise analysis. A noise analysis completed by a certified New York State acoustical engineer documenting the noise levels associated with the proposed CWECS. The study shall include the following:
[i]
A survey and report that analyzes the preexisting ambient noise regime (including seasonal variations), including but not limited to separate day and night measurements of low frequency and A-weighted noise levels across a range of wind speeds (include near cut-in), turbulence measurements, distance from the turbines, with location of residences, buildings and facilities located within two miles of the proposed project site.
[ii]
A description and map of the project's noise-producing features, including the range of noise levels expected, and the tonal and frequency characteristics expected. The report shall include low frequency, infrasound, pure tone, and repetitive/impulsive sound.
[iii]
A description and map of the noise-sensitive environment, including the site property lines, residences, schools, places of worship and other facilities where quiet is important within two miles of the proposed site.
[iv]
Manufacturers' noise design and field test data, both audible dB(A) and low frequency, for all proposed structures.
[g]
A geological report shall be furnished which shall, at a minimum, include the following:
[i]
Soils engineering and geological characteristics of the site based on on-site sampling and testing. Copies of soil boring logs are to be included in the report to the Town.
[ii]
Foundation design criteria for all proposed structures including the need for any blasting.
[iii]
Slope stability analysis.
[iv]
Grading criteria for ground preparation, cuts and fills, and soil compaction.
[v]
Impact on existing water aquifers including a study and impact on existing wells.
[vi]
Submission of a stormwater pollution prevention plan (SWPPP).
[vii]
Postconstruction monitoring plans for NYS Department of Agriculture and Markets guidelines, NYSDEC draft bird/bat guidelines, regular structural/operational inspections conducted by an independent licensed engineer(s), and operational noise monitoring.
[h]
Ice throw calculations. A report from a New York State Professional Engineer that calculates the maximum distance that ice from the turbine blades could be thrown for the make and model wind turbine proposed for the site. The basis of the calculation and all assumptions must be disclosed.
[i]
Blade throw calculations. A report from a New York State Professional Engineer that calculates the maximum distance, in the event of a failure, that pieces from the turbine blades could be thrown for the make and model wind turbine proposed for the site. The basis of the calculation and all assumptions must be disclosed.
[j]
Catastrophic tower failure. A report from the turbine manufacturer stating the wind speed and conditions with all assumptions that the turbine is designed to withstand.
[k]
The applicant will include a complaint resolution process for both the construction and operational phase to address complaints from nearby residences. The process may use an independent mediator or arbitrator and include a time limit for acting on a complaint.
[l]
Other information. Such additional information as may be reasonably requested by the Town or the Town Engineer.
(3)
Standards for CWECS.
(a)
Construction and traffic routes:
[1]
Construction of a CWECS poses potential risks because of the large size of construction vehicles and their impact on traffic safety and their physical impact on local roads. Construction and delivery vehicles for WECS and/or associated facilities shall use traffic routes established as part of the application review process. Factors in establishing such routes shall include:
[2]
Permit conditions may require remediation during construction, limit WECS-related traffic to specified routes, and include a plan for disseminating traffic route information to the public and all applicable state, county and municipal highway authorities and superintendents whose roads are included in the WECS traffic route plan. Notification to all applicable highway authorities and superintendents will include the number and type of vehicles and their size, their maximum gross weight, the number of round trips, and the dates and time periods of expected use of designated traffic routes.
[3]
The applicant is responsible for remediation of damaged roads during construction and upon completion of the installation, periods of maintenance, and decommissioning/restoration of a wind energy facility.
[4]
Stormwater runoff and erosion control shall be managed in a manner consistent with all applicable state and federal laws and regulations.
[5]
Geological soil testing shall be done at each proposed tower foundation. Should testing suggest any interference with existing water aquifers, the site will be disqualified.
[6]
Access roads required for construction shall be adequate to support weight of trucks, erection cranes, facility sections and heavy construction equipment. Temporary roads are to be returned to preconstruction condition leaving only private driveways used for routine maintenance by facility and utility crews. Overnight parking of vehicles will be permitted only during established construction period or during periods requiring additional personnel or equipment for maintenance and repair of a wind energy system. Parking is prohibited on public roads at all times.
[7]
Excavation shall be as required for foundation only; over-excavation shall be repaired as per NYS Building Codes. Excess quarried materials shall not be used to raise existing grade at the tower base. These materials may be used elsewhere on the proposed site by permission of the owner and Town of Kendall Code Enforcement Officer. Excess materials may not be taken from the Town of Kendall; however, agreement may be pursued by the Town Board for use by the Town of Kendall Highway Department. (Refer to §§ 265-42 and 265-55.)
[8]
All underground work shall be clearly marked "As Built," documented during construction, plotted upon completed project drawings, and filed with the Town of Kendall with Dig Safely New York (1-800-962-7962) or its successor.
[9]
Utility rights-of-way shall not be renegotiated to take over more ground nor increase limits by removal of trees. Redesign of utility poles must consider impact of access for large farming machinery.
[10]
The Town of Kendall will employ an independent engineering inspection service to monitor all construction/erection activities. The facility developer shall assume all costs of this service.
[11]
All solid waste, hazardous waste and construction debris shall be removed from the site and managed in a manner consistent with all appropriate rules and regulations as set forth by the appropriate agencies.
[12]
Any construction, ground disturbance or restoration involving agricultural land or land located in agricultural districts shall be done according to the New York State Department of Agriculture and Markets' publication titled "Guidelines for Agricultural Mitigation for Wind Power Projects."
(b)
Certification. The facility developer shall employ an independent and Town of Kendall approved engineering service to certify to the Town that the facility is built as designed and is qualified for service before final permit is issued by the Code Enforcement Officer. The applicant shall provide the following certifications:
[1]
All structural components, including the foundation, tower and compatibility of the tower with the rotor and rotor-related equipment shall be certified in writing by an independent New York State licensed professional structural engineer. The engineer shall certify compliance with all applicable local, state, and federal codes and regulations.
[2]
After completion of the wind energy conversion system, the applicant shall provide a postconstruction certification from an independent New York State licensed professional engineer stating that the project complies with applicable codes and industry practices and has been completed according to the design plans.
[3]
The electrical system shall be certified annually in writing by an independent a New York State licensed professional electrical engineer. The engineer shall certify compliance with good engineering practices and with the appropriate provisions of IEEE standards and any other explicit technical standards required in New York State.
[4]
The rotor overspeed control system shall be certified in writing by an independent New York State licensed professional engineer. The engineer shall certify compliance with applicable design and operational codes.
[5]
Certification of project completion must be supplied by the applicant and approved by the Town of Kendall Code Enforcement Officer.
(c)
Color, finish and visual impact.
[1]
All applicants shall use measures to reduce the visual impact of WECS to the greatest extent possible. All structures shall be finished in a single, nonreflective matt finish color or a camouflage scheme and shall include a maintenance schedule and plan to maintain the finished color and appearance of the WECS.
[2]
Individual WECS within a Wind Energy Overlay District shall be constructed using wind turbines whose design and appearance shall exhibit uniformity to each other in all respects: height, color, size, geometry, and rotational speed.
[3]
No lettering, company insignia, advertising, or graphics shall be on any part of the tower, hub, or blades.
[4]
No television, radio, or other communication antennas may be affixed or otherwise made part of any WECS, except pursuant to the telecommunications provisions of this chapter.
(d)
Compliance with regulatory agencies. The applicant is required to obtain all necessary regulatory approvals and permits from all federal, state, county, and local agencies having jurisdiction and approval related to the completion of the wind energy conversion system.
(e)
Electrical.
[1]
All interconnecting lines and wires from generators to ground ancillary structures and utility transmission grid will be installed underground to the maximum extent practicable. The Planning Board shall have the authority to waive this requirement only if the Planning Board has sufficient engineering data submitted by the applicant to demonstrate that underground transmission lines are unfeasible.
[2]
Underground high-voltage lines shall have five-foot cover to existing grade, per NEC burial guidelines. Burial depth may be reduced in areas of bedrock with less than five feet in depth per NYSDAM, NEC permits and New York State Department of Agriculture and Markets guidelines.
[3]
All precautions shall be applied to prevent stray voltage leakage; should such occur, immediate remedial correction must be taken. A report of complaint and remediation must be given to the Town of Kendall Code Enforcement Officer for immediate analysis and remedial action.
(f)
Electromagnetic interference.
[1]
No commercial wind energy system shall be installed in any location where its proximity with existing fixed broadcast, retransmission, or reception antenna for radio, television, or wireless phone or other personal communication systems would produce electromagnetic interference with signal transmission or reception.
[2]
No CWECS shall be installed in any location along the major axis of an existing microwave communication link where its operation is likely to produce electromagnetic interference in the link's operation.
[3]
If it is determined that a CWECS is causing electromagnetic interference, the operator shall take necessary corrective action to eliminate this interference, including relocation or removal of the facilities, or resolution of the issue with the impacted parties.
[4]
Failure to remedy electromagnetic interference is grounds for revocation of the special use permit for the specific WECS causing the interference.
(h)
Height restrictions.
[1]
The total height of any commercial wind energy conversion system shall be 400 feet. The total height shall be measured from the ground elevation from the preconstruction or post construction grade, whichever is lower, to the top of the tip of the blade at the apex of rotation.
[2]
The blade tip of any wind turbine shall, at its lowest point, have a ground clearance of not less than 50 feet.
(i)
Landscaping. Upon completion of the installation, the site shall be returned as close as possible to its natural state, including, but not limited to, restoring the subsoil and topsoil to preconstruction condition and reforestation of any woodland that have been cleared for site preparation. Vegetation shall be planted in a natural pattern on the site to screen as much of the facility as possible without restricting air flow. Existing vegetation may be used to supplement new plantings.
(j)
Lighting. Towers and turbines shall not be artificially lighted or marked beyond the requirements of the Federal Aviation Administration (FAA). Minimum security or safety lighting may be allowed as approved on the site plan. Any lighting systems shall be designed to minimize light pollution and shall include the use of light hoods, low-glare fixtures or directing lights at the ground. Lighting shall not shine onto adjacent properties.
(k)
Local waterfront revitalization program. The applicant is required to conform to all requirements of the Town of Kendall Local Waterfront Revitalization Program (LWRP).
(l)
Maintenance and replacement.
[1]
A permitted facility may be maintained and repaired at any time, which becomes necessary in the normal course of operation of the wind energy facility, without a special permit or building permit, provided the maintenance does not involve the following:
[a]
An increase in the number of towers.
[b]
An increase in the number of wind turbines.
[c]
An increase in the tower height.
[d]
A change in the tower location.
[e]
A change in the type of wind turbine, nacelle or tower used.
[f]
A change in the number or size of accessory structures.
[g]
A change that increases the sound pressure level or shadow flicker produced by the facility.
[h]
The transportation of heavy equipment, cranes and large spare parts that are oversize loads and require public road use, the widening of access roads, or pose potential damage to the infrastructure of the Town of Kendall, or surrounding communities.
[3]
Overnight parking of vehicles will be permitted only during periods requiring additional personnel, equipment, or extended periods of time necessary for the maintenance and repair of a wind energy system. There will be no parking on public roads.
[4]
Any damaged or unused parts shall be removed from the site within 30 days or stored in a locked on-site storage building. All maintenance equipment, spare parts, oil or chemicals shall also be stored in said on-site locked storage building.
(m)
Safety and security requirements.
[1]
Shall have lightning arresting systems.
[2]
Wind turbines shall be equipped with electromagnetic (automatic) and mechanical (manual) braking systems to prevent over-rotation, reducing stress on tower and rotor blades. No wind turbine shall be permitted that lacks an automatic breaking, governing, or feathering system to prevent uncontrolled rotation, over-speeding, and excessive pressure on the tower structure, rotor blades, and turbine components.
[3]
Security signs for public safety and warnings shall be allowed. At least one sign shall be posted at the base of the tower warning of electrical shock or high voltage. A sign shall be posted on the entry area of fence around each tower or group of towers and any building (or on the tower or building if there is no fence), containing emergency contact information, including a local telephone number with twenty-four-hour, seven-day-per-week coverage. The Planning Board may require additional signs as approved on the site plan.
[4]
A security plan shall be required, including the training of first responders, with emergency personnel contacts and responsibilities posted at the site, including the Town of Kendall emergency services, and the Town of Kendall Town Clerk.
[5]
A locked gate shall be provided at the junction of a driveway and a public road to restrict access. Access points shall be guarded by physical structure, fencing or bollards to block nonpermitted access to driveways.
(n)
Setbacks for wind energy conversion systems.
[1]
The statistical sound pressure level generated by a WECS shall not exceed L10-50 dBA measured at the off-site property line. However, this sound pressure level may be exceeded during short-term events such as severe wind storms and utility outages. Sites can include more than one piece of property and the requirement shall apply to the combined properties. If the ambient sound pressure level exceeds 50 dBA, the standard shall be ambient dBA plus 5 dBA. Independent certification shall be provided by a qualified and Town-approved licensed acoustic engineer before and after construction demonstrating compliance with this requirement. The measurement of sound pressure levels shall be performed in accordance with the latest revision of International Standards for Acoustic Noise Measurement Techniques for Wind Generators (IEC 61400-11) or other industry-accepted procedures.
[2]
In the event audible noise due to the WECS operations contains a steady pure tone, such as a whine, screech or hum, the standards for audible noise shall be reduced by five dBA. A pure tone is defined to exist if the 1/3 octave band sound pressure level in the band, including the tone, exceeds the arithmetic average of the sound pressure levels of the two contiguous 1/3 octave bands by five dBA for center frequencies of 500 Hz and above, by eight dBA for center frequencies between 160 Hz and 400 Hz, or by 15 dBA for center frequencies less than or equal to 125 Hz.
[3]
In the event the ambient noise level (exclusive of the development in question) exceeds the applicable standard given above, the applicable standard shall be adjusted so as to equal the ambient noise level. The ambient noise level shall be expressed in terms of the highest whole number sound pressure level in dBA, which is exceeded for more than five minutes per hour. Ambient noise levels shall be measured at the exterior of potentially affected existing residences, schools, places of worship and public buildings. Ambient noise level measurement techniques shall employ all practical means of reducing the effect of wind-generated noise at the microphone. Ambient noise level measurements may be performed when wind velocities at the proposed project site are sufficient to allow wind turbine operation, provided that the wind velocity does not exceed 30 mph at the ambient noise measurement location.
[4]
A CWECS shall not be operated so that impulsive sound below 20 Hz affects the habitability or use of any dwelling, existing residences, schools, places of worship and public buildings.
[5]
Each CWECS shall be set back from site boundaries as measured from the center of the CWECS:
[a]
One thousand five hundred feet from any hamlet district boundary line.
[b]
One hundred feet plus fall zone radius from state and federally identified wetlands. This distance may be adjusted to be a greater distance at the discretion of the Planning Board, based on topography, land cover, land uses, state or federal requirements, and other factors such as the influence CWECS has on any endangered species or the flight patterns of resident birds.
[6]
Two thousand five hundred feet from the property line of any school, places of worship, or any public facility.
[7]
One thousand five hundred feet from the nearest off-site residence existing at the time of the application. The setback is to be measured from the exterior of such residence to the center of the WECS and include all residences in and outside the Town of Kendall.
[8]
One thousand five hundred feet from the right-of-way of any public road and highway. The setback shall be measured from the center line of such right-of-way.
[9]
One hundred feet plus the fall zone radius from the nearest farm building, and utility lines.
[10]
Two hundred feet plus the fall zone radius from on-site occupied structures (human and farm animal), any historical site, LWRP District, and bridges.
[11]
Six hundred feet from the nearest site boundary line or tax property boundary (nonresidential).
[12]
The Planning Board may impose a setback that exceeds the other setbacks set out in this section if it deems that such greater setbacks are necessary to protect the public health, safety and welfare of the community.
(o)
Tower structures.
[1]
The fall zones of a WECS shall not overlap one another.
[2]
Multiple towers may be sited on a contiguous property and on legally leased adjacent parcels.
[3]
Towers will only be of a monotubular, freestanding design with interior stairs accessed by a security door within the tower column. The use of guy wires is prohibited.
[4]
Nacelle will be of the latest upwind design accessed via interior stair only.
[5]
Wind turbine towers shall not have external ladders or climbing devices, fire-suppression systems or extinguishers.
(p)
Wildlife species and habitat.
[1]
Development and operation of a commercial wind energy facility shall not have a significant adverse impact on endangered or threatened fish, wildlife, or plant species or their critical habitats or other significant habitats identified in the Town of Kendall. Studies, plans and guidelines will be used to demonstrate criteria established by federal or state regulatory agencies.
[2]
Migratory birds. Development and operation of a commercial wind energy facility shall be evaluated based on SEQRA findings.
[3]
Design and layout of the facility shall not create artificial habitats which draw rodents or prey and entice raptors to frequent the site, leading to increased bird strikes.
(4)
Transfer. No transfer of any wind energy facility or special use permit, nor sale of the entity owning such facility including the sale of more than 30% of the stock of such entity (not counting sales of shares on a public exchange), will occur without prior approval of the Town Board, which approval shall be granted upon written acceptance of the transferee of the obligations of the transferor under this section, and the transferee's demonstration, in the sole discretion of the Town Board, that it can meet the technical and financial obligations of the transferor. No transfer shall eliminate the liability of the transferor, nor of any other party, under this section unless the entire interest of the transferor in all facilities in the Town is transferred and there are no outstanding obligations or violations.
D.
Residential wind energy conversion systems.
(1)
General.
(a)
The placement, construction, and major modification of all residential wind energy conversion systems (RWECS) within the boundaries of the Town of Kendall shall be permitted only by special use permit.
(b)
Residential wind energy conversion systems shall require a site plan review and approval by the Planning Board, a special permit issued by the Planning Board and a building permit issued by the Zoning (Code) Enforcement Officer per Article III of this chapter.
(c)
The applicant shall pay all costs associated with the Town of Kendall's review and processing of the application. The applicant shall submit a deposit with the application in the amount as determined by resolution by the Town Board. The Town of Kendall may require the applicant to enter into an escrow agreement to cover the engineering and legal costs of reviewing and processing the application. This agreement will include the cost of the review required by SEQRA.
(d)
Any WECS proposed within a distance of 500 feet from any county boundary line; any Town boundary line; any village boundary line; any existing or proposed county or state park; any right-of-way of a county or state road or parkway; any stream or canal owned by the county; any existing or proposed county or state-owned land on which a public building or institution is situated must be referred to the Orleans County Planning Board. The Orleans County Planning Board shall have 30 days from the date of county receipt to take action on the matter.
(e)
Residential wind energy conversion systems are permitted in the Residential Agricultural (RA), Rural Residential (RR) and General Business (GB) Districts.
(f)
The applicant is required to conform to all requirements of the Town of Kendall Local Waterfront 6. The applicant is required to conform to all requirements of the Town of Kendall Local Waterfront Revitalization Program (LWRP).
(g)
Only one residential wind energy conversion system per legal single-family residential site shall be allowed and the system shall be primarily used to reduce the on-site consumption of electricity of the residence. At no times shall electricity be distributed across property lines except to tie into the electrical grid system.
(h)
Residential wind energy conversion systems shall be placed or located only in rear yards.
(i)
The minimum lot size shall be no less than two acres (87,120 square feet) in area.
(j)
With the sale or transfer of any portion of the existing property, current or subsequent owners must submit, within 30 days of the property transfer, to the Planning Board, an application for renewal of the special use permit. Approval of the renewal of the special use permit shall be conditional upon:
[1]
Written acceptance of the transfer of obligations from the previous owner to the new owner and the new owner's demonstration, in the sole discretion of the Planning Board, that said new owner can meet the technical and any financial obligations of the original special use permit.
[2]
The applicant can still meet all requirements of this chapter and all conditions of the special use permit. No sale or transfer of property shall eliminate the liability of either the original owner or of any other party of the residential wind energy generating system under this section, unless there are no outstanding obligations or violations.
(2)
Application.
(a)
Applicants shall request a preapplication meeting(s) with the Planning Board, Code Enforcement Officer and with any consultants retained by the Planning Board for preliminary application review.
(b)
Upon submittal of an application the Planning Board shall, within 30 days of receipt, or such longer time if agreed to by the applicant, determine if all information required under this application is included in the application. No application shall be acted on by the Planning Board until the application is deemed complete by the Planning Board.
(c)
An application for a residential wind energy conversion system shall include the following:
[1]
Name, address and telephone number of the applicant. If the applicant is represented by an agent, the application shall include the name, address and telephone number of the agent as well as an original signature of the applicant authorizing the representation.
[2]
Name, address and telephone number of the property owner. If the property owner is not the applicant, the application shall include a letter or other written permission signed by the property owner confirming that:
[3]
Project description. Provide a comprehensive description of the project, including project location, total height of the tower, maximum rated capacity of the wind turbine and the utilities required.
[4]
A list of all adjacent property owners. The names, property addresses, mailing address and Tax Map numbers of all owners of land within 500 feet of the boundary of the property upon which the property is proposed shall be provided to the Planning Board for review and record retention.
[5]
Site plan. A scaled site plan (prepared by a licensed professional engineer, licensed land survey or landscape architect) which shall include all of the information listed below. The Planning Board may require additional information, if necessary to complete its review.
[a]
Title block showing the drawing title, date of preparation, name and address of applicant, name and address of a the person or firm preparing the drawing, and the signature and seal of a licensed professional engineer, land surveyor or landscape architect.
[b]
North arrow and bar scale.
[c]
Boundaries and physical dimensions of the site.
[d]
Existing watercourses and bodies of water, including any state and federal wetlands.
[e]
Public and private roads within 100 feet of the site boundaries.
[f]
Existing residential and nonresidential structures and driveways located on-site.
[g]
Existing residential and nonresidential structures located off-site and within 500 feet of the site boundaries.
[h]
Location of the proposed tower, equipment, foundations, guy points, substations, accessory structures, fences and any other amenities.
[i]
Existing and proposed above ground and underground utilities located on the site.
[j]
Shall present construction plan detailing access routes, on-site disturbance of landscape, trees, soils and restoration thereof at completion of facility erection period.
[k]
A circle drawn to scale around the tower which includes the fall zone equal to 150% of rotor blade height at apex.
[6]
Engineering drawings. The applicant shall include scaled engineering drawings (prepared by a licensed professional engineer, licensed land survey or landscape architect) which show details and dimensions of the following:
[a]
Tower.
[b]
Tower guy wire and anchor details, if any.
[c]
Turbine.
[d]
Foundation.
[e]
Distance between ground and the lowest point of any rotor blade.
[f]
Height and location of climbing pegs and ladders.
[g]
Fencing and the color and finish of each major component.
[h]
Details and dimensions of all proposed equipment, accessory structures, access roads and driveways.
[7]
Manufacturers' product information.
[a]
Applications shall include product information from the manufacturer of the proposed wind turbine or rotor blade, tower, supporting foundations, anchorage, inverter, structures and transmission lines as a composite.
[b]
Supporting documentation shall include a company history and operational facilities in service as reference information and a statement of projected operational life of the facility.
[c]
Supporting evidence showing that the proposed tower height does not exceed the height recommended by the manufacturer or distributor of the system.
[8]
The application shall include a full SEQRA Environmental Assessment Form (EAF) with Part 1 prepared by the applicant. The SEQRA shall also include a Visual EAF Addendum (from SEQRA Part 617.20, Appendix B).
[9]
Agricultural data statement. Applications for a facility that are proposed on property within an agricultural district containing a farm operation, or on property with boundaries within 500 feet of a farm operation located within an agricultural district, shall include an agricultural data statement. The statement shall include:
[a]
The name and mailing address of the applicant.
[b]
A description of the proposed project and its specific location.
[c]
Identification of the agricultural district in which the site is located.
[d]
A brief description of the farm operations and how they will be affected by the proposed wind system.
[e]
The name and mailing address of any owner of land located in an agricultural district within 500 feet of the boundary of the property upon which the project is proposed.
[f]
A Tax Map or other map showing the project site and the location of the farm operations involved.
[10]
Agreement to remove facilities. Applications shall include a written agreement in which the applicant agrees to remove the facility and to restore the site when the facility reaches the end of its design life, or if the facility ceases to operate for more than six consecutive months, or if the property is sold and the new property owner does not want to continue operation of the facility, or if directed by the Town of Kendall due to noncompliance. The agreement must include or declare that:
[a]
All work will be arranged and paid for by the applicant.
[b]
A description of how the facility will be removed.
[c]
A description of how the site will be restored.
[d]
Specify the estimated cost for removal and restoration.
[e]
Specify the source and/or method of funding that will be available for removal and restoration.
[11]
The applicant shall agree to provide annually, a "cost of living" adjusted bond, escrow account or financial security sufficient for the removal of wind energy system at its maturity, continued malfunction or disability of system and/or egregious violation of any portion of this chapter which causes the Code Enforcement Officer or Planning Board to issue a stop order and/or rescind the special permit. If the applicant secures a surety bond to insure funds are available for removal and restoration, a copy of the bond shall be attached to the agreement. The company issuing the bond must appear on the U.S. Department of the Treasury's listing of approved surety and have a valid New York State surety license. The penal sum of the bond must be equal to the estimated cost of removal and restoration. The agreement must be signed by the applicant and bear the seal and signature of a notary public.
[12]
Agreement to pay Town consultant fees. The application shall include a written agreement in which the applicant agrees to pay for reasonable legal fees and consultant fees incurred by the Planning Board should they choose to employ a consultant to review the drawings, analyses, studies, reports and certifications submitted by the applicant. The applicant must also agree to pay for reasonable consultant fees incurred by the Planning Board should they choose to employ a consultant to assist with the SEQRA process. The agreement must be signed by the applicant and bear the seal and signature of a notary public.
[13]
Agreement to provide sound pressure level and shadow flicker testing. Applications shall include a written agreement in which the applicant agrees to provide and pay for a reasonable amount of preconstruction ambient noise level testing and postconstruction sound pressure level testing and/or shadow flicker analysis when requested by the Planning Board. Testing may be requested at any time during the term of a special permit to ensure compliance or to resolve noise or visual complaints received from nearby property owners. The agreement must be signed by the applicant and bear the seal and signature of a notary public.
[14]
The applicant shall provide proof of liability insurance. The Town of Kendall shall be named as an additional insured under the general liability policy of the applicant, with an amount no less than an amount to be determined by the Town Board given the nature and scope of the project.
(3)
Standards for residential wind energy conversion systems.
(a)
The tower design must be certified by a NYS licensed engineer.
(b)
The tower height shall be no more than:
[1]
Sixty-five feet or less on parcels of land between two acres and five acres.
[2]
One hundred twenty feet on parcels of land of five acres or more.
[3]
The allowed height shall be reduced if necessary to comply with all applicable Federal Aviation Administration Requirements, including Subpart B (commencing with Section 77.11) of Part 77 of Title 14 of the Code of Federal Regulations regarding installations close to airports.
(c)
Ground clearance of horizontal axis rotor blades shall not be less than 35 feet. To prevent harmful wind turbulence from existing structures, the minimum height of the lowest part of any horizontal axis wind turbine blade shall be at least 30 feet above the highest structure or tree within a two-hundred-fifty-foot radius. Modification of this standard may be made when the applicant demonstrates that a lower height will not jeopardize the safety of the wind turbine structure.
(d)
Rooftop and tower systems supported in part or wholly by a nonresidential accessory building shall be of vertical axis wind turbine design only. All buildings must be evaluated for the stress and loads developed by a VAWT and certified by a New York State licensed engineer.
(e)
The system maximum turbine power output is limited to a rated capacity of 30 kW.
(f)
Stormwater runoff and erosion control shall be managed in a manner consistent with all applicable state and federal laws and regulations.
(g)
Any construction or ground disturbance involving agricultural land or land located in agricultural districts shall be done according to the New York State Department of Agriculture and Markets publication titled "Guidelines for Agricultural Mitigation for Wind Power Projects."
(h)
The use of guy wires is disfavored. A guyed system may be approved only by compelling evidence and documentation submitted to the Planning Board as to why a freestanding tower cannot be used. Should a guyed system be approved, the tower shall incorporate appropriate measures to protect the guy wires from damage which could cause tower failure. All ground attachment points and tower base must be enclosed by six-foot high security fencing.
(i)
Wind turbine towers shall not be climbable for the first 12 feet above ground level. The tower shall be constructed to provide one of the following means of access control or other appropriate method of access:
(j)
(k)
No tower shall be lit except to comply with FAA requirements. Minimum security lighting for ground level facilities shall be allowed as approved on the site plan. Security lighting shall be designed to minimize light pollution, including the use of light hoods, low-glare fixtures, and directing lights at the ground.
(l)
The system's tower, nacelle, and blades shall be painted a nonreflective, unobtrusive color that blends the system and its components into the surrounding landscape to the greatest extent possible and incorporates nonreflective surfaces to minimize any visual disruption.
(m)
The wind energy conversion system shall be screened to the maximum extent feasible by natural vegetation or other means to minimize potentially significant adverse visual impacts on neighboring residential areas.
(n)
All horizontal axis WECSs shall be equipped with electromagnetic and manual brake controls to limit the rotational speed of the rotor blade so it does not exceed the design limits of the rotor and overstress the tower and components. Vertical axis wind turbines shall be controlled to prevent overspeed, and exceeding the design limits of the rotor, support structure, and other components.
(o)
All on-site electrical wires associated with the system shall be installed underground, whether net-metered or a standalone system, except for "tie-ins" to a public utility company and public utility company transmission poles, towers and lines. This standard may be modified by the Planning Board if the project terrain is determined to be unsuitable due to reasons of excessive grading, biological impacts, or similar factors.
(p)
The statistical sound pressure level generated by a WECS shall not exceed L10-45 dBA measured at the nearest residence located off the site. Sites can include more than one piece of property and the requirement shall apply to the combined properties. If the ambient sound pressure level exceeds 45 dBA, the standard shall be ambient dBA plus 5 dBA. Certification shall be provided after construction demonstrating compliance with this requirement.
(q)
The system shall be operated such that no disruptive electromagnetic interference is caused to neighboring residences or cell phone and microwave towers. If it has been demonstrated that a system is causing harmful interference, the system operator shall promptly mitigate the interference or cease operation of the system.
(r)
No brand names, logo, antennas, or advertising shall be allowed on any part of the facility or placed or painted on the tower, rotor, generator or tail vane where it would be visible from the ground, except that a system or tower's manufacturer's logo may be displayed on the system generator housing in an unobtrusive manner. However, permanent identification of manufacturer and responsible contact information in case of failure or malfunction will be mounted on the tower base.
(s)
The applicant is required to obtain all necessary regulatory approvals and permits from all federal, state, county, and local agencies having jurisdiction and approval related to the completion of the wind energy conversion system.
(4)
Renewal of special permits for residential wind energy conversion system. Three copies of the following information must be submitted to the Planning Board, and shall constitute a complete application for special permit renewal.
(a)
Special use permit application form. The application shall be marked "RENEWAL" by the applicant.
(b)
Special use permit renewal fee. The applicant shall pay a nonrefundable renewal fee as established by the Town of Kendall Town Board.
(c)
At the request of the Planning Board, the applicant/owner shall make available (subject to a nondisclosure agreement) to the Town, all reports to and from the purchaser of energy from individual wind energy conversion systems as necessary to prove the WECS is functioning. Requested reports may be edited as necessary to protect proprietary information.
(d)
Structural integrity certification. If the facility has been installed for longer than the manufacturer's warranty period, the renewal application shall include a certification that the facility was inspected for structural and mechanical integrity by a New York State licensed professional engineer, and that the facility is structurally sound and poses no risk of failure or harm to residences on the site or to the public. The inspection must be performed within 30 days of the date of the application, and the certification shall include the date of inspection, a description of the inspection, methodology used, computations, and any other data used to determine the facility's structural integrity. The certification must be signed by the permit holder and bear the seal and signature of a licensed professional engineer. If the inspection report identified structural deficiencies, the special use permit will not be renewed until all deficiencies are corrected and the facility is determined to be structurally sound by a licensed professional engineer.
E.
Agricultural wind energy deriving systems.
(1)
General.
(a)
Agricultural wind energy generating systems shall require a site plan review and approval by the Planning Board, and a building permit issued by the Zoning (Code) Enforcement Officer per Article III of this chapter.
(b)
The applicant shall pay all costs associated with the Town of Kendall's review and processing of the application. The applicant shall submit a deposit with the application in the amount as determined by resolution by the Town Board. The Town of Kendall may require the applicant to enter into an escrow agreement to cover the engineering and legal costs of reviewing and processing the application. This agreement will include the cost of the review required by SEQRA.
(c)
Any wind energy conversion system proposed within a distance of 500 feet from: any county boundary line: any Town boundary line; any village boundary line; any existing or proposed county or state park; any right-of-way of a county or state road or parkway; any stream or canal owned by the county; any existing or proposed county- or state-owned land on which a public building or institution is situated must be referred to the Orleans County Planning Board. The Orleans County Planning Board shall have 30 days from the date of county receipt to take action on the matter.
(d)
Agricultural wind energy generating systems are permitted in the Residential Agricultural (RA) and Rural Residential (RR) Districts.
(e)
The applicant is required to conform to all requirements of the Town of Kendall Local Waterfront Revitalization Program (LWRP).
(f)
The minimum lot size shall be no less than seven acres in area.
(g)
The agricultural wind energy facility shall be primarily used to generate electricity for the generation of energy for predominantly agricultural purposes only, and includes any farming residence and farm labor camp(s).
(2)
Application.
(a)
Applicants shall request a preapplication meeting(s) with the Planning Board, Code Enforcement Officer and with any consultants retained by the Planning Board for preliminary application review.
(b)
Upon submittal of an application, the Planning Board shall, within 30 days of receipt, or such longer time if agreed to by the applicant, determine if all information required under this application is included in the application. No application shall be acted on by the Planning Board until the application is deemed complete by the Planning Board.
(c)
An application for an agricultural wind energy conversion system shall include the following:
[1]
Name, address, telephone number of the applicant. If the applicant is represented by an agent, the application shall include the name, address and telephone number of the agent as well as an original signature of the applicant authorizing the representation.
[2]
Name, address, telephone number of the property owner. If the property owner is not the applicant, the application shall include a letter or other written permission signed by the property owner confirming that:
[3]
Address or other property identification of each proposed tower location, including Tax Map section, block and lot number.
[4]
Project description. Provide a comprehensive description of the project, including project location, total height of the tower, maximum rated capacity of the wind turbine and the utilities required.
[5]
A list of all adjacent property owners. The names, property addresses, mailing address and Tax Map numbers of all owners of land within 1,000 feet of the boundary of the property upon which the property is proposed shall be provided to the Planning Board for review and record retention.
[6]
Site plan. A scaled site plan (prepared by a licensed professional engineer, licensed land survey or landscape architect) which shall include all of the information listed below. The Planning Board may require additional information if necessary to complete its review.
[a]
Title block showing the drawing title, date of preparation, name and address of applicant, name and address of a the person or firm preparing the drawing, and the signature and seal of a licensed professional engineer, land surveyor or landscape architect.
[b]
North arrow and bar scale.
[c]
Boundaries and physical dimensions of the site in sufficient scale to verify setbacks.
[d]
Existing watercourses and bodies of water, including any state and federal wetlands.
[e]
Public and private roads within 100 feet of the site boundaries.
[f]
Existing residential and nonresidential structures and driveways located on-site.
[g]
Existing residential and nonresidential structures located off-site and within 500 feet of the site boundaries.
[h]
Location of the proposed tower, equipment, foundations, guy points, substations, accessory structures, fences and any other amenities.
[i]
Existing and proposed above ground and underground utilities located on the site.
[j]
Shall present construction plan detailing access routes, on-site disturbance of landscape, trees, soils and restoration thereof at completion of facility erection period.
[k]
A circle drawn to scale around the tower which includes the fall zone equal to 150% of rotor blade height at apex.
[7]
Engineering drawings. The applicant shall include scaled engineering drawings (prepared by a licensed professional engineer, licensed land survey or landscape architect) which show details and dimensions of the following:
[a]
Tower.
[b]
Turbine.
[c]
Foundation.
[d]
Distance between ground and the lowest point of any rotor blade.
[e]
Height and location of climbing pegs and ladders.
[f]
Fencing and the color and finish of each major component.
[g]
Details and dimensions of all proposed equipment, accessory structures, access roads and driveways.
[8]
Manufacturer product information. Applications shall include product information from the manufacturer of the proposed wind turbine or rotor blade, tower, supporting foundations, anchorage, inverter, structures and transmission lines as a composite. Supporting documentation shall include a company history and operational facilities in service as reference information and a statement of projected operational life of the facility.
[9]
The application shall include a Full SEQR Environmental Assessment Form (EAF) with Part 1 prepared by the applicant. The SEQRA shall also include a Visual EAF Addendum (from SEQRA Part 617.20, Appendix B).
[10]
Agricultural data statement. Applications for a facility that is proposed on property within an agricultural district containing a farm operation, or on property with boundaries within 500 feet of a farm operation located within an agricultural district, shall include an agricultural data statement. The statement shall include:
[a]
The name and mailing address of the applicant.
[b]
A description of the proposed project and its specific location.
[c]
Identification of the agricultural district in which the site is located.
[d]
A brief description of the farm operations and how they will be affected by the proposed wind system.
[e]
The name and mailing address of any owner of land located in an agricultural district within 500 feet of the boundary of the property upon which the project is proposed.
[f]
A Tax Map or other map showing the project site and the location of the farm operations involved.
[11]
Agreement to remove facilities. Applications shall include a written agreement in which the applicant agrees to remove the facility and to restore the site when the facility reaches the end of its design life, if the facility ceases to operate for more than six consecutive months, or if directed by the Town of Kendall due to noncompliance. The agreement must include or declare that:
[a]
All work will be arranged and paid for by the applicant.
[b]
A description of how the facility will be removed.
[c]
A description of how the site will be restored.
[d]
Specify the estimated cost for removal and restoration.
[e]
Specify the source and/or method of funding that will be available for removal and restoration.
(d)
The applicant shall agree to provide an annual cost-of-living adjusted bond, escrow account or financial security sufficient for the removal of wind energy system at its maturity, continued malfunction or disability of system and/or egregious violation of any portion of this chapter which causes the Code Enforcement Officer or Planning Board to issue a stop order and/or rescind the special permit. If the applicant secures a surety bond to insure funds are available for removal and restoration, a copy of the bond shall be attached to the agreement. The company issuing the bond must appear on the U.S. Department of the Treasury's listing of approved surety and have a valid New York State surety license. The penal sum of the bond must be equal to the estimated cost of removal and restoration. The agreement must be signed by the applicant and bear the seal and signature of a notary public.
[1]
Agreement to pay Town consultant fees. The application shall include a written agreement in which the applicant agrees to pay for reasonable consultant and legal fees incurred by the Planning Board should they choose to employ a consultant to review the drawings, analyses, studies, reports and certifications submitted by the applicant. The applicant must also agree to pay for reasonable consultant fees incurred by the Planning Board should they choose to employ a consultant to assist with the SEQRA process. The agreement must be signed by the applicant and bear the seal and signature of a notary public.
[2]
Agreement to provide sound pressure level and shadow flicker testing: Applications shall include a written agreement in which the applicant agrees to provide and pay for a reasonable amount of sound pressure level testing and or shadow flicker analysis when requested by the Planning Board. Testing may be requested at any time during the term of a special permit to ensure compliance or to resolve noise or visual complaints received from nearby property owners. The agreement must be signed by the applicant and bear the seal and signature of a notary public.
(3)
Standards for agricultural wind energy conversion systems.
(a)
The tower design must be certified by a New York State licensed engineer.
(b)
The tower height shall be reduced if necessary to comply with all applicable Federal Aviation Requirements, including Subpart B (commencing with Section 77.11) of Part 77 of Title 14 of the Code of Federal Regulations regarding installations close to airports.
(c)
Ground clearance of horizontal axis rotor blades shall not be less than 35 feet. To prevent harmful wind turbulence from existing structures, the minimum height of the lowest part of any horizontal axis wind turbine blade shall be at least 30 feet above the highest structure or tree within a two-hundred-fifty-foot radius. Modification of this standard may be made when the applicant demonstrates that a lower height will not jeopardize the safety of the wind turbine structure.
(d)
Rooftop and tower systems supported in part or wholly by a nonresidential structure shall be of vertical axis wind turbine design only. All buildings must be evaluated for the stress and loads developed by a VAWT and certified by a New York State licensed engineer.
(e)
All towers shall be freestanding (self-supporting). The use of guy wires is prohibited.
(f)
Wind turbine towers shall not be climbable for the first 12 feet above ground level. The tower shall be constructed to provide one of the following means of access control or other appropriate method of access:
(g)
(h)
Stormwater runoff and erosion control shall be managed in a manner consistent with all applicable state and federal laws and regulations.
(i)
No tower shall be lit except to comply with FAA requirements. Minimum security lighting for ground-level facilities shall be allowed as approved on the site plan. Security lighting shall be designed to minimize light pollution, including the use of light hoods, low glare fixtures, and directing lights at the ground.
(j)
The system's tower, nacelle, and blades shall be painted a nonreflective, unobtrusive color that blends the system and its components into the surrounding landscape to the greatest extent possible and incorporates nonreflective surfaces to minimize any visual disruption.
(k)
The wind energy conversion system shall be screened to the maximum extent feasible by natural vegetation or other means to minimize potentially significant adverse visual impacts on neighboring residential areas.
(l)
All horizontal axis WECS shall be equipped with electromagnetic and manual brake controls to limit the rotational speed of the rotor blade so it does not exceed the design limits of the rotor and overstress the tower and components. Vertical axis wind turbines shall be controlled to prevent overspeed, and exceeding the design limits of the rotor, support structure, and other components.
(m)
All on-site electrical wires associated with the system shall be installed underground, whether net-metered or a standalone system, except for tie-ins to a public utility company and public utility company transmission poles, towers and lines. This standard may be modified by the Planning Board if the project terrain is determined to be unsuitable due to reasons of excessive grading, biological impacts, or similar factors.
(n)
The statistical sound pressure level generated by a WECS shall not exceed L10-50 dBA measured at the nearest residence located off the site. Sites can include more than one piece of property and the requirement shall apply to the combined properties. If the ambient sound pressure level exceeds 50 dBA, the standard shall be ambient dBA plus 5 dBA. Certification shall be provided after construction.
(o)
The system shall be operated such that no disruptive electromagnetic interference is caused to neighboring residences or cell phone and microwave towers. If it has been demonstrated that a system is causing harmful interference, the system operator shall promptly mitigate the interference or cease operation of the system.
(p)
No brand names, logo, antenna, or advertising shall be allowed on any part of the facility or placed or painted on the tower, rotor, generator or tail vane where it would be visible from the ground, except that a system or tower's manufacturer's logo may be displayed on the system generator housing in an unobtrusive manner. However, permanent identification of manufacturer and responsible contact information in case of failure or malfunction will be mounted on the tower base.
(q)
Access roads required for construction shall be adequate to support weight of trucks, erection cranes, facility sections and heavy construction equipment. The applicant is responsible for remediation of damaged roads during construction and upon completion of the installation or maintenance of a wind energy conversion system.
(r)
Any construction or ground disturbance involving agricultural land or land located in agricultural districts shall be done in according to the New York State Department of Agriculture and Markets publication titled "Guidelines for Agricultural Mitigation for Wind Power Projects."
(s)
The applicant is required to obtain all necessary regulatory approvals and permits from all federal, state, county, and local agencies having jurisdiction and approval related to the completion of the wind energy conversion system.
F.
Enforcement; penalties; abatement; limitations; bonds; funds; and remedies for violation for all WECS.
(1)
Enforcement. In addition to the Code Enforcement Officer, the Town Board may appoint such Town staff or outside consultants as it sees fit to enforce this section.
(2)
Penalties. Any person owning, controlling, or managing any building, structure, or land who shall undertake a wind energy conversion facility in violation of this section or in noncompliance with the terms and conditions of any permit issued pursuant to this section, or any order of the enforcement officer, and any person who shall assist in so doing, shall be guilty of an offense and subjected to:
(a)
For a first offense, a fine of not more than $400 or imprisonment for a period of not more than 15 days, or subject to both such fine and imprisonment.
(b)
For a second offense (both within a period of five years), a fine of not less than $400 or more than $700 or imprisonment for a period not to exceed six months, or subject to both such fine and imprisonment.
(c)
For a third offense (all within a period of five years), a fine of not less than $700 or more than $1,000 or imprisonment not to exceed six months, or subject to both such fine and imprisonment.
(d)
Every such person shall be deemed guilty of a separate offense for each week such violation shall continue. The Town may institute a civil proceeding to collect civil penalties in the amount set forth herein for each violation and each week said violation continues shall be deemed a separate violation.
(e)
In case of any violation or threatened violation of any of the provisions of this section, including the terms and conditions imposed by any permit issued pursuant to this section, in addition to other remedies and penalties herein provided, the Town of Kendall may institute any appropriate action or proceeding to prevent such unlawful erection, structural alteration, reconstruction, moving, and or use, and to restrain, correct, or abate such violation, to prevent the illegal act.
(3)
Abatement.
(a)
Public nuisance. Every unsafe, incomplete, abandoned, or inoperable wind energy facility is hereby declared a public nuisance which shall be subjected to abatement by repair, rehabilitation, demolition, or removal.
(b)
Inoperable.
[1]
Nonfunction or lack of operation may be proven by reports to the Public Service Commission, NYSERDA, by lack of income generation or physical damage. The applicant/owner shall make available (subject to a nondisclosure agreement) to the Town, all reports to and from the purchaser of energy from individual wind energy conversion systems, if requested as necessary to prove the WECS is functioning. Requested reports may be edited as necessary to protect proprietary information.
[2]
Safety issues deemed to be of an imminent threat to the health, safety and/or welfare of any person affected by a wind energy conversion system as determined by the Code Enforcement Officer shall require the immediate shut down of the WECS, an immediate corrective action shall be taken and the imminent threat fully mitigated.
(c)
If any WECS remains nonfunctional or inoperative for a continuous period of six months, the applicant agrees that, without any further action by the Town Board, it shall remove said system and return the land to preexisting conditions at its own expense. Removal of the system shall include but not limited to:
[1]
All aboveground structures including support buildings, transmission equipment, and fencing from the property.
[2]
Removal of the concrete base of a wind turbine to a depth of not less than five feet to preconstruction grade elevation.
[3]
All agricultural areas shall be restored to as close to preconstruction conditions as possible and shall be in compliance with NYS Department of Agriculture and Markets guidelines. A remediation plan shall be put in place to identify and correct any remaining or recurring impacts derived from a WECS.
(d)
This provision may be waived at the discretion of the Town Board if the applicant demonstrates to the Town that it has been making good faith efforts to restore the WECS to an operable condition, but nothing in this provision shall limit the Town's ability to order a remedial action plan after a public hearing.
(e)
Notwithstanding any other abatement provisions, if the WECS is not repaired, made operational, or brought into permit compliance after said notice, and after a public meeting at which time the operator or owner shall be given opportunity to be heard and present evidence, including a plan to come into compliance, the Town may:
[1]
Order either remedial action within a particular time frame; or
[2]
Order revocation of the special use permit for the WECS and order removal of the WECS within 90 days. If the WECS is not removed, the Town Board shall have the right to use the security posted as part of the decommissioning plan to remove the WECS.
(4)
Limitations on approvals; easements on Town property.
(a)
Nothing in this section shall be deemed to give any applicant the right to cut down surrounding trees and vegetation on the site or any other property to reduce turbulence and increase wind flow to the wind energy conversion system. Nothing in this section shall be deemed a guarantee against any future construction or Town approvals of future construction that may in any way impact the wind flow to any WECS. It shall be the sole responsibility of the facility operator or owner to acquire any necessary wind flow or turbulence easements, or rights to remove vegetation.
(b)
Pursuant to the powers granted to the Town to manage its own property, the Town may enter into noise, setback, or wind flow easements on such terms as the Town Board deems appropriate, as long as said agreements are not otherwise prohibited by state law or this section.
(5)
Decommissioning bond or fund.
(a)
An applicant, developer, successors, property owner, heirs, or assigns, private or court appointed and of record shall continuously maintain a fund or bond payable to the Town of Kendall for the removal of nonfunctioning towers, accessory facilities, and land restoration in an amount and frequency of review to be determined by the Town Board for the period of the life of the facility. This fund may consist of a letter of credit from a State of New York-licensed financial institution. All cost of the financial security shall be borne by the applicant, developer, successors, property owner, heirs, or assigns, private or court appointed and of record.
(b)
Any cost incurred by the Town that exceeds the amount of such financial surety or is not covered by said surety shall be the complete and sole responsibility of the applicant. If the applicant is insolvent and such costs cannot be practicably collected from said applicant, then such costs shall become a lien upon the property in which the costs were incurred. The lien shall thereafter be assessed on the next succeeding year's tax bill for such parcel and collected in accordance with normal tax foreclosure proceedings if such tax bill remains unpaid thereafter.
(c)
Upon completion of all such removal activities by the Town, any remaining portion of the posted surety shall be returned to the applicant.
(6)
Testing fund. A special use permit shall contain a requirement that the applicant fund periodic noise and/or shadow flicker testing by a qualified independent third-party measurement consultant, which may be required as often as every two years, or more frequently upon request of the Town in response to complaints by neighbors. The scope of the testing shall be to demonstrate compliance with the terms and conditions of the special use permit or site plan and shall also include an evaluation of any complaints received by the Town. The applicant shall have 90 days after written notice from the Town Board to cure any deficiency. An extension of the ninety-day period may be considered by the Town Board, but the total period may not exceed 180 days.
(7)
Severability. Should any provision of this section be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of this section as a whole or any part thereof other than the part so decided to be unconstitutional or invalid.
§ 265-72.1 Farm markets.
[Added 9-17-2013 by L.L. No. 1-2013]
A.
Parking.
(1)
Sufficient space shall be provided to accommodate off-street parking for not less than three vehicles on site plus one parking space for each farm operator or employee of the farm market. The Planning Board in its site plan review may require additional parking spaces based on the anticipated traffic volume of the farm market.
B.
Entrance and exit driveways shall have an unrestrictive width of not less than 30 feet and shall be located not less than 15 feet from the property line and shall be designed to avoid the necessity of any vehicle backing out into any public right-of-way. The minimum distance between driveways on the site shall be 65 feet measured from the two closest driveway curbs.
C.
Any and all Orleans County Health Department requirements shall be met for the sale of, but not limited to, processed foods, baked goods, dairy and meat products.
D.
The side and rear setback for any farm market building shall be 30 feet minimum.
E.
Suitable storage of trash shall be provided, constructed and situated as to allow minimal visual impact of the trash storage from the street, to prevent waste from blowing around the site or onto adjacent properties or roads, and to permit safe easy removal of trash by truck or by hand.
§ 265-72.2 Solar energy systems.
[Added 8-15-2017 by L.L. No. 3-2017]
A.
Purpose.
(1)
Solar energy is a renewable and nonpolluting energy resource that can prevent fossil fuel emissions and reduce a municipality's energy load. Energy generated from solar energy systems can be used to offset energy demand on the grid when excess solar power is generated.
(2)
The use of solar energy equipment for the purpose of providing electricity and energy for heating and/or cooling is a priority and is a necessary component of the current and long-term sustainability agenda.
(3)
This section aims to promote the accommodation of solar energy systems and equipment and the provision for adequate sunlight and convenience of access necessary therefor, and to balance the potential impact on neighbors when solar collectors may be installed near their property while preserving the rights of property owners to install solar energy systems without excess regulation. In particular, this legislation is intended to apply to ground-mounted or pole-mounted solar energy system installations.
(4)
None of the regulations in this chapter shall be construed, interpreted or imposed by the reviewing board or official in such a way as to unreasonably restrict/restrain those farms or farming operations located in a state-certified agricultural district approved pursuant to the New York States Agriculture Markets Law.
B. ALTERNATIVE ENERGY SYSTEMS BUILDING-INTERGRATED PHOTOVOLTAIC (BIPV) COLLECTIVE SOLAR COMMERCIAL SOLAR SYSTEM GLARE GLINT GROUND-MOUNTED SOLAR COLLECTION SYSTEM HISTORIC DISTRICT or HISTORIC STRUCTURE MAJOR SOLAR COLLECTION SYSTEM OR SOLAR FARM MINOR OR ACCESSORY SOLAR COLLECTION SYSTEM ROOF-MOUNTED SOLAR COLLECTION SYSTEM SOLAR ACCESS SOLAR ENERGY EQUIPMENT/SYSTEMS SOLAR PANEL OR COLLECTOR
Definitions.
Structures, equipment, devices or construction techniques used for the production of heat, light, cooling, electricity or other forms of energy on site and may be attached to or separate from the principal structure.
The incorporation of photovoltaic (PV) material into a building's envelope. Technologies include PV shingles or tiles, PV laminates, and PV glass. Examples of placement include vertical facades, semitransparent skylights, awnings, fixed awnings, and roofs.
Installations of solar energy systems that are owned collectively through a homeowners' association, adopt-a-solar-panel programs, or other similar arrangements.
A major system or solar farm with a rated capacity of 200kW or more and used solely to capture solar energy and convert it to electrical energy to transfer to the public electric grid in order to sell electricity to or receive a credit from a public utility entity, but also may be for on-site use.
A continuous source of excessive brightness, relative to diffused lighting. This is not a direct reflection of the sun, but rather a reflection of the bright sky around the sun. Glare is significantly less intense than glint.
Flash of light that may be produced as a direct reflection of the sun on a solar collection system.
A solar energy system that is anchored to the ground and attached to a pole or similar mounting system, detached from any other structure.
Any district or structure marked with a local, state, or federal landmark status or historic designation.
An area of land or other area used or improved by a solar energy system with the total surface area of all solar collectors exceeding 2,000 square feet. Electricity generated by the system may be sold by transfer, but also may be for on-site use. Solar farm facilities consist of one or more freestanding ground-mounted or roof-mounted solar collector devices, solar energy equipment and other accessory structures and buildings, including light reflectors, concentrators, and heat exchangers, substations, electrical infrastructure, transmission lines and other appurtenant structures and facilities.
A solar photovoltaic cell, panel, array, solar hot air or water collector device, which relies upon solar radiation as an energy source for collection, inversion, storage, and distribution of solar energy for electricity generation or transfer of stored heat, secondary to the use of the premises for other lawful purposes, with the total surface area of all solar collectors on the lot of 2,000 square feet or less. Minor solar collection systems may consist of building-intergrated photovoltaics, ground-mounted or roof-mounted solar collector devices.
A solar panel located on a roof of a permitted principal use or accessory structure.
Space that is open to the sun and clear of overhangs or shade. Structures constructed or placed on private property will not infringe on the rights of adjacent properties.
Energy storage devices, material, hardware, or electrical equipment and conduit associated with the production of electrical energy.
A device capable of collecting and converting solar energy into electrical energy.
C.
Applicability.
(1)
The requirements of this section shall apply to all solar energy systems installed or modified after the effective date of this section, excluding general maintenance and repair.
(2)
All solar energy systems shall be designed, erected, and installed in accordance with all applicable codes, regulations and industry standards as referenced in all applicable building codes and the Town of Kendall Code.
(3)
Nothing contained in this provision shall be construed to prohibit collective solar installations or the sale of excess power through a net billing or net metering arrangement in accordance with New York State Public Service Law § 66-j or similar New York State or federal law or regulation.
(4)
All engineering and legal costs incurred by the Town of Kendall shall be reimbursed by the applicant.
D.
Minor solar collection systems.
(1)
Roof-mounted solar collectors are permitted structures in all zoning districts in the Town of Kendall, subject to the following requirements:
(a)
A building permit has been obtained for the solar collectors.
(b)
Panels facing the front yard, or the back yard in the case of waterfront lots, must be mounted at the same angle as the roof's surface with a maximum distance of 18 inches between the roof and highest point of the system. In the event of a flat roof, Planning Board review is necessary.
(c)
Solar panels affixed to a flat roof shall be placed below the line of sight from a public right-of-way.
(d)
In order to ensure firefighter and other emergency responder safety, except in the case of accessory buildings fewer than 1,000 square feet in area, there shall be a minimum perimeter area around the edge of the roof and structurally supported pathways to provide space on the roof for walking around all rooftop solar systems.
(e)
Roof-mounted solar collectors shall not obstruct solar access to adjacent properties.
(2)
Ground-mounted solar collectors are permitted in all zoning districts except any waterfront district, subject to the following requirements:
(a)
The location of the solar collectors meets all applicable setback requirements of the zone in which they are located.
(b)
The height of the solar collectors and any mounts shall not exceed the height restrictions of the zone when oriented at maximum tilt and shall not exceed 15 feet tall with a setback no less than 15 feet.
(c)
The total surface area of all solar collectors on the lot shall not exceed 2,000 square feet and, when combined with all other buildings and structures on the lot, shall not exceed lot coverage of 50%.
(d)
A building permit has been obtained for the solar collectors.
(e)
Solar collectors and other facilities shall be designed and located in order to prevent reflective glare or glint toward any inhabited buildings on adjacent properties and roads.
(f)
Ground-mounted and freestanding solar collectors shall not obstruct solar access to adjacent properties.
(g)
A lot must have a minimum size of 20,000 square feet in order for a ground-mounted solar collection system to be permitted.
(3)
Building-integrated photovoltaic (BIPV) systems. BIPV systems are permitted in all zoning districts and shall be shown on the plans submitted for the building permit application for new construction and renovation for the building containing the system.
(4)
Where site plan approval is required elsewhere in the regulations of the Town of Kendall for a development or activity, the site plan review shall include review of the adequacy, location, arrangement, size, design, and general site compatibility of proposed solar collectors.
(5)
All solar collector installations must be in accordance with applicable electrical and building codes, the manufacturer's installation instructions, and industry standards, and prior to operation the electrical connections must be inspected by an approved electrical inspector or agency, as determined by the Town of Kendall. In addition, any connection to the public utility grid must be inspected and approved by the appropriate public utility.
(6)
When solar storage batteries are included as part of the solar collector system, they must be installed consistent with the requirements of the New York State Building Code when in use and, when no longer in use, shall be disposed of in accordance with the laws and regulations of Orleans County and other applicable laws and regulations.
(7)
If a solar collector ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the collector, mount and associated equipment and facilities no later than 90 days after the end of the twelve-month period.
E.
Major solar collection systems or solar farms.
(1)
Major solar collection systems or solar farms are permitted through the issuance of a special use permit and site plan review within all districts, except any of the waterfront districts, on lots with a minimum size of no less than five acres. Where applicable, and unless more restrictive regulations also apply, the requirements of the previous subsection of this section shall apply to solar collectors and installations of major solar collection systems or solar farms and must meet the criteria set forth below and obtain all other necessary approvals:
(2)
Areas of potential sensitivity.
(a)
One-hundred-year flood hazard area as demarcated on the FEMA Flood Maps.
(b)
Historic and/or culturally significant resources as designated either at the local, state, or federal level.
(c)
Within 150 feet of a New York State wetland.
(d)
Land in an agricultural district and/or prime farmland.
[1]
Applicants shall, to the extent practicable, site major solar systems on lands considered to be marginal. If the marginal land is not practicable, the burden of proof shall fall on the applicant.
(e)
Any other area determined during site plan review by the Town of Kendall Planning Board.
(3)
A major system or solar farm may be permitted in any district, except waterfront districts, in the Town of Kendall when authorized by site plan review and special use permit from the Planning Board subject to the following terms and conditions:
(a)
The total coverage of all buildings and structures on a lot, including the total surface area of all solar collectors, shall not exceed 50%.
(b)
Height and setback restrictions.
[1]
The maximum height for ground-mounted solar collectors, located on the ground or attached to a framework located on the ground, shall not exceed 15 feet in height above the ground.
[2]
The minimum setback from property lines shall be 150 feet.
[3]
A landscaped buffer shall be provided around all solar energy equipment and solar collectors to provide screening from adjacent residential properties and roads. The nature and extent of the buffer shall be determined by the Town of Kendall Planning Board.
(c)
Design standards.
[1]
Removal of trees and other existing vegetation should be minimized or offset with planting elsewhere on the property.
[2]
Removal of any prime agricultural soil from the subject parcel is prohibited.
[3]
Proposed major solar systems shall not negatively impact the viability of prime agricultural soils on site.
[4]
Roadways within the site shall not be constructed of impervious materials and shall be designed to minimize the extent of roadways constructed and soil compaction.
[5]
All on-site utility and transmission lines shall, to the extent feasible, be placed underground.
[6]
Solar collectors and other facilities shall be designed and located in order to prevent reflective glare and/or glint toward any inhabited buildings on adjacent properties and roads.
[7]
All solar energy equipment and solar collectors, including any structure for batteries or storage cells, shall be enclosed by a minimum six-foot-high fence with a self-locking gate and provided with landscape screening. The nature and extent of the screening shall be determined by the Town of Kendall Planning Board.
[8]
Major solar collection systems or solar farms shall not obstruct solar access to adjacent properties.
[9]
Major solar systems are subject to additional regulations as stated in Subsection E(3)(e)[1] through [6] of this section.
(d)
Signs.
[1]
A sign not to exceed eight square feet shall be displayed on or near the main access point and shall list the facility name, owner and phone number.
[2]
A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations not to exceed four square feet.
(e)
Abandonment and decommissioning.
[1]
Applicability and purpose. This section governing abandonment and decommissioning shall apply to large-scale ground-mounted solar systems. It is the purpose of this section to provide for the safety, health, protection and general welfare of persons and property in the Town of Kendall by requiring abandoned commercial solar systems to be removed pursuant to a decommissioning plan. The anticipated useful life of such systems, as well as the volatility of the recently emerging solar industry where multiple solar companies have filed for bankruptcy, closed or been acquired creates an environment for systems to be abandoned, thereby creating a negative visual impact on the Town. Abandoned commercial systems may become unsafe by reason of their energy-producing capabilities and serve as an attractive nuisance.
[2]
Abandonment. A commercial solar system shall be deemed abandoned if the system fails to generate and transmit electricity at a rate of more than 10% of its rated capacity over a continuous period of one year. A commercial solar system also shall be deemed abandoned if the following site plan approval initial construction of the system has commenced and is not completed within 12 months of issuance of the first building permit for the project.
[3]
Removal required. A commercial solar system which has been abandoned shall be decommissioned and removed. The commercial solar system owner shall be held responsible to physically remove all components of the system within one year of abandonment. Removal of the commercial solar system shall be in accordance with a decommissioning plan approved by the Town of Kendall Planning Board.
[4]
Decommissioning and removal of a commercial solar system shall consist of:
[a]
Physical removal of all above- and below-ground equipment, structures and foundations, including but not limited to all solar arrays, buildings, security barriers, fences, electric transmission lines and components, roadways and other physical modifications to the site.
[b]
Disposal of all solid and hazardous waste in accordance with local, state and federal waste disposal regulations.
[c]
Restoration of the ground surface and soil.
[d]
Stabilization and revegetation of the site with native seed mixes and/or plant species (excluding invasive species) to minimize erosion.
[5]
Decommissioning and removal by the Town. If the commercial solar power system owner fails to decommission and remove an abandoned facility in accordance with the requirements of this section, the Town may enter upon the property to decommission and remove the system.
[a]
Procedure. Upon a determination by the Building Inspector that a commercial power system has been abandoned, the Building Inspector shall notify the system owner by certified mail, in the case of a facility under construction, to fully complete construction and installation of the facility within 180 days, or in the case of a fully constructed facility that is operating at a rate of less than 10% of its rated capacity, to restore operation of the facility to no less than 80% of its rated capacity within 180 days, or the Town will deem the system abandoned, and commence action to revoke the special use permit and require removal of the system. Being so notified, if the system owner fails to perform as directed by the Building Inspector within the one-hundred-eighty-day period, the Building Inspector shall notify the system owner by certified mail that the solar power system has been deemed abandoned, and the Town intends to revoke the special use permit within 60 days of mailing said notice. The notice shall also state that the owner may appeal the Building Inspector's determination of abandonment to the Planning Board and request a hearing on the matter. Said appeal and request for hearing must be made and received by the Town within 20 days of mailing notice. Failure by the permittee to submit an appeal and request for hearing within the twenty-day period will result in the special use permit being deemed revoked as stated herein. In the event the permittee appeals the determination of the Building Inspector and requests a hearing, the Planning Board shall schedule and conduct said hearing within 60 days of receiving the appeal and request. In the event a hearing is held, the Planning Board shall determine whether the solar power system has been abandoned, whether to continue the special use permit with conditions as may be appropriate to the facts and circumstances presented to the Board, or whether to revoke the permit and order removal of the solar power system. Upon determination by the Building Inspector or Planning Board that a special use permit has been revoked, the decommissioning plan must be implemented and the system removed within one year of having been deemed abandoned, or the Town may cause the removal at the owner's expense. If the owner fails to fully implement the decommissioning plan within one year of abandonment, the Town may collect the required surety and use said funds to implement the decommissioning plan.
[6]
Removal by the Town and reimbursement of Town expenses. Any costs and expenses incurred by the Town or its representatives to decommission and remove a commercial solar power system, including legal costs and expenses, shall be reimbursed from the financial surety posted by the system owner.
F.
Special use permit requirements.
(1)
Verification of utility notification. Any foreseeable infrastructure upgrades shall be documented and submitted. Off-grid systems are exempt from this requirement.
(2)
Name, address, and contact information of the applicant, property owner(s), and agent submitting the project.
(3)
If the property of the proposed project is to be leased, legal consent between all parties, specifying the use(s) of the land for the duration of the project, including easements and other agreements, shall be submitted.
(4)
Site plan. Site plan approval is required.
(5)
Blueprints signed by a professional engineer or registered architect of the solar installation showing the layout of the system.
(6)
The equipment specification sheets shall be documented and submitted for all photovoltaic panels, significant components, mounting systems, and inverters that are to be installed.
(7)
Property operation and maintenance plan. A property operation and maintenance plan is required, describing continuing photovoltaic maintenance and property upkeep, such as mowing, trimming, landscaping, control under solar panels, etc.
(8)
A plan must be in place as to how emergency crews will be able to access the site in event of emergency.
(9)
A decommissioning plan shall be presented, and address those items listed above and include:
(a)
An estimate of the anticipated operational life of the system.
(b)
A schedule showing the time frame over which decommissioning will occur and for completion of site restoration work.
(c)
A bond(s) backed by the State of New York to ensure that financial resources will be available to fully decommission the site.
(10)
Financial surety. Prior to the issuance of a building permit, and every three years thereafter, the commercial solar 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 security shall be in effect throughout the life of the system and shall be in the form of a New York State-backed bond. The Town shall be entitled to draw on the bond in the event that the commercial solar power system owner is unable or unwilling to commence decommissioning activities within the time periods specified herein. In the event ownership is transferred to another party, the new owner shall file evidence of financial security with the Town at the time of transfer, and every three years thereafter, as provided herein.
(a)
Amount. The amount of the surety shall be determined by the Town's Engineer based upon a current estimate of decommissioning and removal costs as provided in the decommissioning plan and subsequent annual reports. The amount of the surety may be adjusted by the Town upon receipt of an annual report containing an updated cost estimate for decommissioning and removal.
(b)
Annual report. The commercial solar system shall on a yearly basis provide the Town Building Inspector 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 over the most recent twelve-month period. The report shall also identify any change in ownership of the solar power system and/or the land upon which the system is located. The annual report shall be submitted no later than 45 days after the end of the calendar year. Every third year, to coincide with the filing of evidence of financial security, the annual report shall also include a recalculation of the estimated full cost of decommissioning and removal of the commercial solar system. The Town may require an adjustment in the amount of the surety to reflect any changes in the estimated cost of decommissioning and removal.
(11)
The term of the special use permit shall remain valid for a period of five years from the time the permit is issued.
G.
Solar in historic districts or on historic structures.
(1)
Notwithstanding the foregoing, roof-mounted solar collection systems, ground-mounted solar collection systems, and BIPV systems are permitted by special use permit in historic districts and on historic structures, subject to compliance with this section and the following additional criteria:
(a)
Solar panels shall not alter an historic site's character-defining features, or be placed within view of a public right-of-way.
(b)
All modifications to an historic site must be entirely reversible, allowing alterations to be removed or undone to reveal the original appearance of the site.
(c)
Exposed solar energy equipment must be consistent with the color scheme of the underlying structure.
H.
Severability. If any part or section of this section shall be held to be invalid, the remaining provisions thereof shall not fail but shall remain in full force and effect.