Lafayette City Zoning Code
ARTICLE V
Supplemental District Regulations
§ 290-23 Home occupations.
Purpose. A home occupation shall include, but is not limited to, an art studio, tailor, professional offices, hair styling shop, music instruction, etc. A home occupation shall be carried on completely within the first floor of the existing principal residence. A home occupation is an allowed use in all districts detailed in Article II so long as it is conducted lawfully and does not produce conditions which cause a nuisance. A two-square-foot sign may be displayed announcing the business. Violations of this section may result in the loss of the ability to operate the home occupation. No home occupation shall be allowed if it:
Changes the outside appearance of the dwelling or is visible from the street;
Generates traffic, parking or noise in excess of what is normal in a residential neighborhood;
Creates a hazard to person or property, results in electrical interference or becomes a nuisance;
Results in outside activities, storage or display.
Standards. A home occupation shall be permitted upon issuance of a special use permit by the Zoning Board of Appeals and shall be an activity which is clearly incidental and secondary to the use of the premises as a residence, provided that:
The activity is conducted wholly within the dwelling and on the first floor.
The activity employs no more than two employees at any given time, other than family members residing in the dwelling unit.
Studios for instruction in vocal or instrumental music or dancing shall be equipped and used so that sounds therefrom shall not be heard on nearby premises.
The activity creates no increased traffic caused by the home occupation.
There is no outside appearance of a home occupation, including, but not limited to, parking, signs or lights.
The activity does not involve an illegal activity.
The activity does not require the receipt, storage or shipping of any hazardous materials in quantities exceeding those allowable in the current fire code.
The area used for the activity cannot exceed 25% of the area of the dwelling.
The retail sale of product or merchandise is prohibited.
§ 290-24 Temporary uses.
Purpose. This section is designed to provide for certain land uses and structures which are needed, or are in place, for only short periods of time (e.g., up to 90 days unless otherwise permitted by the Code Enforcement Officer). These uses are permitted in all zoning districts because they are useful or necessary, and because they do not permanently impact surrounding property.
Temporary uses allowed. The following temporary uses of land are permitted in any zoning district, subject to the specific regulations and time limits which follow, and subject to the other applicable regulations of the district in which the use is to occur:
Contractor's office, equipment trailers and sheds (containing no sleeping or cooking accommodations) accessory to a construction project are permitted only during the duration of such project, and they shall be located on the same property as the construction project. All such temporary structures shall be removed upon occupancy of the completed construction or upon completion or abandonment of the construction work, whichever occurs first.
Temporary housing for a person who has a building permit to erect a single-family home. Said person may apply for a temporary certificate of occupancy to place a temporary residence home on the property for a period of 90 days.
Real estate office (containing no sleeping or cooking accommodations, unless located in a model dwelling unit) incidental to new housing or other development, provided such office may continue only until the sale or lease of all dwelling units or nonresidential space in the development is completed.
Retail sales, such as bazaars, craft sales and Christmas tree sales, provided that such activities do not exceed a total of 30 days within a twelve-month period.
Garage or yard sales, provided that no more than four garage or yard sales per calendar year shall be allowed, and provided that each garage or yard sale shall not exceed a period of three consecutive days.
§ 290-25 Wind energy systems.
Purpose and intent. The Town recognizes the increased demand for alternative generating facilities. At the same time, the Town understands the valid concerns and interests that its residents have in the aesthetic enjoyment of their homes and properties. The purpose of these regulations is to protect the community's interest in properly allowing landowners and private providers to meet their power-generating objectives. Moreover, these regulations are designed to provide for the health, safety and welfare of the residents of the Town while balancing the sometimes competing interests of those who support and object to wind energy systems. In addition, the purpose of these regulations is to provide standards for private wind energy systems designed for home, farm and small commercial use on the same parcel, and that are primarily used to reduce consumption of utility power at that location.
Minimum requirements:
Approval required. All wind energy systems in the Town are subject to site plan approval from the Planning Board.
Applications. Applicants for wind energy systems shall fill out a site plan application and include the following information:
Evidence that the proposed tower height does not exceed the height recommended by the manufacturer or distributor of the system.
Sufficient information demonstrating that the system will be used primarily to reduce electricity cost at that location.
Manufacturer information for the proposed wind energy system, including, but not limited to, the system specifications and any available photographs of the proposed system.
The applicable environmental assessment form, including a visual assessment.
Any other information requested by the Planning Board.
Standards. Wind energy systems shall comply with all the requirements of this chapter that are not in conflict with the requirements contained in this section. In addition, all wind energy systems shall comply with the following standards:
Setback requirements. A wind energy system shall comply with all setbacks within the affected zoning district. In addition, wind energy systems shall be set back a distance equal to 110% of the tower height from all property lines, public road rights-of-way and power lines.
The tower height of any wind energy system may not exceed 125 feet. The allowed tower height shall be reduced if necessary to comply with applicable Federal Aviation Administration requirements.
Exterior lighting on any structure associated with the tower shall not be allowed, except that which is specifically required by the Federal Aviation Administration.
Wind energy systems may be designed as either a monopole or lattice structure.
Noise. The level of noise produced during operation of a wind energy system shall not exceed 50 Dba, as measured at the property lines owned by anyone other than the site owner, as those boundaries exist at the time of the site plan application. The applicant will be required to submit technical data proving such performance standard to the satisfaction of the Planning Board as to this requirement.
All power lines from the wind energy system to on-site interconnection equipment shall be located underground.
Wind energy systems shall not be installed in any location along the major axis of an existing microwave communications operation where its operation is likely to produce an electromagnetic interference in the link's operation.
Wind energy systems shall not be installed in any location where its proximity interferes with existing fixed broadcast, retransmission or reception antennas for radio, television or wireless phone.
The wind energy system shall be operated such that no disruptive electromagnetic interference is caused. If it has been demonstrated that a system is causing harmful interference, the system operator shall promptly mitigate the harmful interference or cease operation of the system.
No wind energy system shall be permitted which lacks an automatic braking, governing or feathering system to prevent uncontrolled rotation, over speeding and excessive pressure on the tower structure, rotor blades, and turbine components or enclosed shelter.
Wind energy systems shall be constructed to provide one of the following means of access control, or other appropriate method of access:
Anchor points for any guy wires for the wind energy system shall be located within the property on which the system is located and not on or across any aboveground electric transmission or distribution lines. The point of attachment for the guy wires to the anchor points shall be sheathed in a bright color from three feet to eight feet above ground.
All wind energy systems shall be equipped with manual and automatic over-speed controls. The conformance of rotor and over-speed control design and fabrication with good engineering practices shall be certified by the manufacturer.
Wind energy systems shall be constructed so that wind energy system blades shall maintain a minimum of 25 feet clearance from the ground surface.
In granting the site plan use for a wind energy system, the Planning Board may impose reasonable conditions to the extent that such Board concludes that such conditions are necessary to minimize any adverse effect or impacts of the proposed use on neighboring properties.
Maintenance and inspection.
Maintenance. All wind energy systems shall be maintained in good condition and in accordance with all requirements of this section.
Inspection. The Code Enforcement Officer and/or Town Engineer shall have the right at any reasonable time to enter, upon notice to the owner, the premises on which a wind energy system is being constructed, and on a routine administrative basis thereafter once every five years, upon notice to the owner, to inspect all parts of said wind energy system installation and require that repairs or alterations be made if, in the judgment of said Officer or Engineer, there exists a deficiency in the operation or the structural stability of the system. If necessary, the Code Enforcement Officer or Town Engineer may order that the system be secured or otherwise cease operation. It shall not be required that the owner or agent be notified in advance in the event of an emergency situation involving danger to life, limb or property for the Code Enforcement Officer or his designee to enter the premises for purposes of inspecting such system.
[Amended 12-8-2020 by L.L. No. 2-2020]
The Town is located astride a major north-south bird and bat migration corridor. Small wind turbines are not currently known to have significant adverse impact on wildlife. However, the Town wants to learn about any potential adverse impacts and therefore the wind energy system owner agrees to permit periodic access to wind energy system sites by scientists or professionals, if requested, to conduct low-profile studies or assessments of short duration (hours or days) for the purposes of studying such impacts. Such research projects, if conducted, must be done by qualified professionals, or scientists from recognized institutions. Permission to enter the owner's premises in order to conduct a study must be requested beforehand and results made available to the wind energy system owner. Results may also be published in technical journals. If such a study request is made by a qualified individual, the wind energy system owner shall grant it, including reasonable parameters for the conduct of data collection. A copy of any study results will be delivered to the Town.
Abandonment of use. A wind energy system that is not used for six successive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner. Failure to abide by and faithfully comply with this section or with any and all conditions that may be attached to the granting of any permit shall constitute grounds for the revocation of the site plan approval by the Town. In addition, failure to remove an obsolete or unused tower in accordance with this section shall be a violation of this section. If said abandoned wind energy system is not dismantled and removed within three months of abandonment, the Town may dismantle and remove said wind energy system, and the cost of removing the wind energy system shall be a lien on the property and added to the property owner's tax bill.
§ 290-25.1 Large wind energy systems.
[Added 6-13-2023 by L.L. No. 2-2023; amended 2-11-2025 by L.L. No. 1-2025]
Intent. This section is designed to properly regulate and site large wind energy systems and, thus, deal with potential problems they can create, including aesthetic impacts, drainage problems, harm to farm operations, a risk to bird and bat populations, risks to the property values of adjoining properties, significant noise, traffic problems during construction, and electromagnetic interference with various types of communication. Exemption(s):
The Substantive and procedural provisions of this section shall apply to all large wind energy systems subject to local permitting authority, including but not limited to all projects with a nameplate generating capacity up to 25 MW.
The substantive requirements of this section shall apply to all large wind energy system subject to review and approval by the Office of Renewable Energy Siting, or any other New York State agency empowered to grant government approval for large wind energy systems.
Specific definition.
A wind turbine, or group of wind turbines in a facility, whose purpose is to generate electricity that is fed into a power grid for sale to an electric utility or for use by more than one individual residence or farm. This excludes small systems for residential, agricultural, and small commercial use where the system produces energy exclusively for a single residence or farm which are governed by § 290-25.
Use classification and district use limitations.
Large wind energy systems are a permitted use in the AG (Agricultural) District, and I (Industrial District), subject to the substantive and procedural provisions of this section.
Large wind energy systems are prohibited in all other zoning districts, as well as geologically unstable areas, critical environmental areas, and areas where the Town's Significant Views (as defined by the Town's Comprehensive Plan) would be impacted. If this prohibition is waived, or not applied, by a body of competent jurisdiction such as the New York State Office of Renewable Energy Siting, then the remaining substantive standards set forth in this section shall apply.
Application process.
Applicants shall conduct a pre-application meeting with the Town Supervisor and with any consultants retained by the Town to discuss an impending application. Prior to the meeting, applicants shall submit any document submitted to NYS agencies that are part of the applicant's application process, such as but not limited to, wetland delineations, water resource and aquatic ecology delineation reports, NYS threatened or endangered species wildlife characterization reports, and all phases completed on the archeological resources consultation report. Applicants shall submit a list of such studies and reports in process or planned, including dates when submittals to NYS agencies is expected.
Application sufficiency review. The Code Enforcement Officer and/or Town Board designated consultants in consultation with the Town Board shall, within 60 days of receipt of an application, or longer if agreed to by the applicant:
Determine if all application requirements under this law are included in the application.
No application shall be considered until deemed sufficiently complete by the Code Enforcement Officer in consultation with the Town Board.
If the application is deemed incomplete, the Code Enforcement Officer or designated reviewer, after consultation with the Town Board, shall provide the applicant with a written statement listing the missing information. No refund of application fees or escrow payments shall be made, but no additional fees shall be required upon submittal of the additional information, unless the project size is modified.
Application review. Upon determination that the application is complete, the Town Board and any designated consultants will review the application for compliance with all applicable laws and regulations, and conduct any required environmental impact review pursuant to SEQRA. For the purposes of SEQRA, the Town Board shall be designated as lead agency, and shall coordinate the environmental impact review.
Public hearing. At any time after the application is deemed complete, but not earlier than 60 days after the application is deemed complete, the Town Board shall hold a minimum of one public hearing on the application.
The applicant shall provide notice of the public hearing by legal notice published in the official newspaper of the Town at least 10 days before the date set for a public hearing and written notice mailed to the applicant or his agent at the address given in the application to be considered. The applicant shall be responsible for notifying, and providing return receipts, by mail all property owners of record within three miles of the outside perimeter or boundary line of property involved in the preliminary application of the time, date and place of such public hearing by mail at least 10 days prior to such hearing. Notice shall be deemed to have been given if mailed to the property owner at the tax billing address listed on the property records of the Town Assessor or at the property address. At least seven days prior to such hearing, the applicant shall file with the board his/her affidavit verification of mailing such notice. Failure of property owners to receive such notice shall not be deemed a jurisdictional defect.
The public hearing may be combined with public hearings on any Environmental Impact Statement or any other associated requests for action by the Town.
County planning board notice. A full statement of the proposed action for the project shall also be given to the County Planning Board, if applicable, per General Municipal law § 239-1 and § 239-m.
Application decision. Upon receipt of the recommendation of the County Planning Board (if applicable), and after holding a public hearing, and after the completion of the SEQRA review, the Town Board shall, within 60 days after closure of the public hearing approve, approve with conditions, or deny the application.
In rendering a decision on the application, the Town Board shall consider all substantive and procedural requirements set forth in this law, as well as the standards for review of a special use permit application as set forth in this Town of LaFayette Zoning Code, and any other applicable laws or regulations. Wherever this section and other sections of the Town of LaFayette Zoning Code are in conflict, the more stringent or restrictive provision is intended to apply.
Application contents. In addition to the application requirements for a special use permit from the Town Board pursuant to the criteria set forth in § 290-38(D) of this Code, an application for a large wind energy system shall include the following additional information:
Construction plan. A detailed construction plan, including but not limited to a construction schedule, hours of operation; designation of heavy haul routes; a list of material equipment and loads to be transported; identification of temporary facilities intended to be constructed and contact agent in the field with name, email address and telephone number; number of truck loads by type of vehicle and duration of construction in each area of the site.
Decommissioning and site restoration plan. A decommissioning and site restoration plan shall be prepared by the applicant and approved by the Town Board prior to commencement of construction. It shall identify the lot(s) of record it applies to and shall indicate removal of all buildings, structures, wind turbines, access roads and/or driveways and foundations to four feet below finish grade; a road repair costs, if any; and all regrading and revegetation necessary to return the site to the condition existing prior to establishment of the commercial large wind energy system. The restoration shall reflect the site-specific character, including topography, vegetation, drainage, and any unique environmental features. The plan shall include a certified estimate of the total cost (by element) of implementing the removal and site restoration plan.
Description. A description of the project, including the number of large wind energy systems, data pertaining to each tower's safety and stability, including safety results from test facilities and certification from the turbine manufacturer that the turbine is manufactured to operate at safe speeds, and, for each large wind energy system, the make, model, a picture, and manufacturing specifications, including noise decibel data and maximum rated capacity.
Emergency response plan. A detailed emergency response plan created in consultation with the emergency response agency(ies) having jurisdiction over the site. The proposed plan shall include, but is not limited to, the following:
Use of fireproof or fire-resistant building materials.
Use of buffers or fire-retardant landscaping.
Provision of water for firefighting.
An automatic fire-extinguishing system for all buildings or equipment enclosures of substantial size containing control panels, switching equipment, or transmission equipment.
Provision of training and firefighting equipment for local fire protection personnel.
Engineering report. This shall be prepared by a professional engineer and provide information regarding:
Ice throw. The report shall calculate the maximum distance that ice from the turbine blades could be thrown.
Blade throw. The report shall calculate the maximum distance that pieces of the turbine blades could be thrown.
Catastrophic tower failure. The report shall include a statement from the turbine manufacturer detailing the wind speed and conditions that the turbine is designed to withstand.
Certification that the foundation, tower design and associated buildings are sufficient to withstand wind-loading and snow-loading requirements for structures as established by the Uniform Code.
Certification that the wind turbine facility will not impact slope stability by increasing precipitation runoff onto slopes that are at a risk for instability or in and of itself increase the risk of slope instability by its placement.
FAA notification. A copy of written notification to the FAA pertaining to the installation of a large wind energy system.
Insurance. Proof of insurance, which includes the following requirements, in a sufficient dollar amount to cover potential personal and property damage associated with the construction and operation of the proposed project. The Town shall be named as an additional insured under the general liability policy of the applicant.
General Liability: Occurrence Basis | ||
|---|---|---|
Per project aggregate | $2,000,000 | |
Each occurrence | $1,000,000 | |
Automobile liability: | Combined single limit | $1,000,000 |
Coverage for all owned or non-owned and hired | ||
Bodily injury per person | $1,000,000 | |
Vehicles | Bodily injury per accident | $1,000,000 |
Property damage | $1,000,000 | |
Umbrella liability: | Each occurrence | $5,000,000 |
Aggregate | $5,000,000 | |
Workers compensation: | NYS statutory coverage | |
Employer's liability | Each accident | $1,000,000 |
Each disease policy limit | $1,000,000 | |
Each disease each employee | $1,000,000 | |
Disability benefits: | NYS statutory coverage | |
Professional liability: | Aggregate | $4,000,000 |
(if applicable) | Each claim | $1,000,000 |
Environmental liability: | Aggregate | $2,000,000 |
(if applicable) | Each occurrence | $1,000,000 |
Cyber: | Aggregate | $2,000,000 |
(if applicable) | Each occurrence | $1,000,000 |
UAS/drone liability: | Aggregate | $2,000,000 |
(if applicable) | Each occurrence | $1,000,000 |
ADDITIONAL INSURED: TOWN OF LAFAYETTE. ALL POLICIES ARE PRIMARY AND NON-CONTRIBUTORY OVER ANY OTHER INSURANCE OR SELF INSURANCE. WAIVER OF SUBROGATION IN FAVOR OF TOWN OF LAFAYETTE APPLIES TO ALL POLICIES. COPIES OF APPLICABLE ENDORSEMENTS MUST BE PROVIDED.
SHOULD ANY OF THE ABOVE-DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEROF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH POLICY PROVISIONS.
Landscaping plan. A landscaping plan prepared and sealed by a registered design professional showing the current vegetation, describing the area to be cleared, listing the specimens proposed to be added, and detailing regrading and restoration measures to be taken after construction according to NYSDAM and NYSDEC guidelines.
Stormwater management plan. The plan should include details pertaining to erosion and sediment control pursuant to any applicable regulation of the NYSDEC.
Site plan. A site plan prepared and sealed by a licensed land surveyor or registered design professional drawn in sufficient detail to clearly show the following:
Lot lines, physical dimensions of the site, and the location, dimensions and types of existing structures and uses on the site.
Roads, whether private or public.
Adjoining properties within 1,000 feet of each tower's property line, including zoning designations, residences, schools, churches, hospitals, and libraries.
The proposed location, elevation, and total height (to blade tip) of each large wind energy system.
Aboveground and underground utility lines within a radius of two times the total height of the large wind energy system.
Setback lines.
All other proposed facilities on the site, including transformers, electrical lines, substations, storage or maintenance units, ancillary equipment or structures, transmission lines, and fencing.
Federal, state, county or local parks, recognized historic or heritage sites, state and federal identified wetlands, or important bird and bat areas within a radius of 10 miles, as identified in federal, state, county, local or New York Audubon's GIS databases or as determined in consultations with NYSDEC or US Fish & Wildlife Services.
The site plan application shall be preliminarily considered by the Planning Board and a recommendation as to approval, approval with conditions, or disapproval shall be made to the Town Board. The Town Board shall have final authority to approve or disapprove the site plan. In considering the site plan application, the Planning Board and/or Town Board may impose such conditions and restrictions deemed necessary for the maintenance and safety of such towers and/or to preserve and protect the character of the neighborhood and health, safety, and welfare of the community.
Studies. Studies prepared by a qualified person on:
Agricultural mitigation. An analysis detailing the agricultural mitigation needed to restore a farm operation disturbed by a large wind energy system. The primary goals of the mitigation plan are long- term protection of soil health and farming feasibility within the project area. An emphasis should be placed on minimizing the area of project disturbance and limiting impact to surface and subsurface drainage, during both construction and decommissioning. The applicant shall solicit input from the NYSDAM on such studies and shall follow any pertinent protocols established, adopted, or promulgated by such state department.
Wildlife impact. An analysis of bird and bat migration, nesting, and habitat that would be affected by the proposal. The applicant shall solicit input from the NYSDEC and US Fish & Wildlife on such studies and shall follow any pertinent protocols established, adopted, or promulgated by such state department and federal agency.
Cultural resources. An analysis describing the potential impacts of the project upon cultural resources as identified by NYSOPRHP. Such study shall be approved by such state office and include any follow-up study or assessment recommended by NYSOPRHP.
Electromagnetic interference. An analysis of the potential for electromagnetic interference with microwave, radio, television, personal communication systems, 911, weather radar, and other wireless communication. A copy of the written notification to all communication operators within three miles of the project shall be attached to such study.
Fiscal and economic impact. A property value analysis prepared by a licensed appraiser in accordance with industry standards, regarding the potential impact on the value of lots within a two-mile radius of the project site.
Geotechnical impact. An analysis of soils engineering and engineering geologic characteristics of the site based on on-site sampling and testing, foundation design criteria for all proposed structures, slope stability analysis, grading criteria for ground preparation, cuts and fills, and soil compaction.
Land use and water impacts. An analysis detailing potentially impacted wetlands, surface water and groundwater resources, stormwater runoff, and the geology and land use of the site.
Noise. A noise analysis that shall include a description and map of the project's noise-producing features and the noise-sensitive environment, including the range of noise levels and the tonal and frequency characteristics expected at the nearest property lines surrounding the proposed project. The noise analysis shall extend geographically until the noise impact from modeled turbine operation is at pre-project night-time background sound levels. The analysis shall compare expected project noise levels to the maximum sound levels specified under Subsection F(9). The applicant shall solicit input from the NYSDEC on such studies and shall follow any pertinent protocols established, adopted, or promulgated by such state department.
Shadow flicker. An analysis that shall identify locations where shadow flicker may interfere with residences and roadways and the expected duration of the flicker. The study shall identify measures that shall be taken to eliminate or mitigate the problem, which may include ceasing operation during periods when shadow flicker effects are at their greatest.
Visual impact. A visual impact analysis ("VIA") is required, and shall include computerized photographic simulations showing the visual impact of the fully developed wind turbines, in both leaf on and leaf off conditions, and demonstrating any visual impacts from key observation points (KOPs). KOPs are points located on public or private property within a three-mile radius, where wind turbines are anticipated to materially alter the viewshed and where at least one turbine is anticipated to be visible throughout the year. KOPs will be selected in consultation with and approval of the Planning Board or Town Board.
In addition, the VIA shall demonstrate all locations where turbines will be visible in Town, where an observer's eyes are assumed to be five feet above the ground. Simulations shall be provided from the prospective of KOPs and the significant views identified in the Town's Comprehensive Plan.
To the greatest extent possible, the VIA shall also use the methodology described in the following scientific literature: James F. Palmer, Deconstructing viewshed analysis makes it possible to construct a useful visual impact map for wind projects, Landscape and Urban Planning, Volume 225, 2022, 104423, ISSN 0169-2046, https://doi.org/10.1016/j.landurbplan.2022.104423.
Transportation plan. A preliminary transportation plan describing ingress and egress to the proposed project site to deliver equipment and provide access during and after construction. Such plan shall describe any anticipated improvements to existing roads, bridges, or other infrastructure, as well as measures which will be taken to restore damaged or disturbed access routes following construction. A copy of the written notification to all local, state and/or federal transportation agencies shall be included in such plan.
Large wind energy system drawings. Vertical drawings of all large wind energy systems, showing total height, turbine dimensions, tower and turbine colors, ladders, distance between the ground and the lowest point of any blade, and the location of climbing pegs and access doors. One drawing may be submitted for each large wind energy system of the same type and total height.
Operation and maintenance plan. The owner/operator shall submit an operation and maintenance plan including all necessary services, frequency of service, preventative maintenance measures, and monitoring. The operation and maintenance plan should include at a minimum:
Preventative maintenance practices and schedules for all on-site equipment including but not limited to: inverters, equipment pads, transformers, access entrances, internal roads, gates, fencing, security systems, grounding equipment and stormwater management installations.
Schedule of all other monthly, annual, or semiannual reporting requirements for other submittals including: agricultural impact mitigation plan and decommissioning plan.
Issue resolution protocols. Contact information for responsible party to address issues that may arise (damaged equipment, excessive noise, or other similar issues).
Disposal/recycling plan for damaged or obsolete facility equipment or hazardous waste. No storage of inoperable, damaged or otherwise obsolete equipment shall be allowed to remain on property within the approved project site. The current operator and all successor operators shall be responsible for debris cleanup, removal and property restoration to all participating, and non-participating property, resulting from natural disaster, severe weather event, mechanical failure, fire or act of vandalism to any project property and equipment. A debris cleanup and property restoration effort shall not be considered complete until receiving Town Board approval.
Chemicals and solvents. During operation of the proposed installation, all chemicals or solvents used for the cleaning, de-icing or general operation of a wind turbine shall be low in volatile organic compounds. The operator should use recyclable or biodegradable products to the extent possible. Any on-site storage of chemicals or solvents shall be referenced. A list of chemicals used must be provided.
Maintenance or repair. Maintenance or repair shall include, but not limited to, tower repair, painting, nacelle refurbishment or replacement, rotor repair or replacement, and integrity of security measures. Site access shall be maintained to a level acceptable to emergency response officials. Any maintenance, repair, retrofit, replacement, or refurbishment of equipment shall adhere to all applicable local, state and federal requirements. Any maintenance, repair, retrofit, replacement, or refurbishment of a site that increases the height of previous approved turbine shall, at a minimum, require Town Board review and approval.
Standards.
Advertising. No advertising shall be allowed on any part of the large wind energy system, including the fencing and support structures. No lettering, company insignia, brand names, logo, or graphics shall be allowed on the tower or blades. Reasonable identification, as determined by the Town Code Officer, of the large wind energy system by the manufacturer and owner is permitted at ground height.
Ecosystems and animals. Large wind energy systems may not cause any violations of the Endangered Species Act[1] or NYS endangered species regulations. Adverse impacts to animals and ecosystems shall be minimized to the maximum extent feasible. Additional standards for ecosystems and animals include:
Forest conservation. Forested sites shall not be deforested and sites deforested less than five years before application submittal shall not be used to construct wind energy facilities, unless the applicant offsets the adverse impact of deforestation through conservation of the same amount of existing similar habitat, or creation of the same number of new sites to host similar habit ("conserved forest habitat"). Conserved forest habitat created pursuant to this section shall be permanently conserved through creation of public parkland with covenants prohibiting deforestation and requiring the land to be kept in a natural, forested state, or by creation of a conservation easement held by an entity other than the applicant, and with restrictions requiring the land to be kept in a natural, forested state, or by any other means of permanent conservation acceptable to the Town. The Town may, but is not required to, hold any real property interest created pursuant to this section. Conserved forest habitat shall be located within the Town of LaFayette.
Brush, hedgerows and isolated trees or stands of trees in otherwise open fields or scrubland may be cut, however clear cutting of trees more than three inches in diameter at breast height (as defined herein) in an area exceeding 10,000 square feet is prohibited except as otherwise permissible under this section. This clearing restriction shall apply to trees cleared for any reasons, including but not limited to clearance for wind turbines, transmission lines, access roads, fencing, or any other component of a wind energy facility.
Any portion of a property that has been clear-cut in excess of the area described in the subsection above, regardless of the reason for such clear cutting, shall not be included in an application for a wind energy project for a period of five years following such clear cutting.
Post-construction wildlife fatality monitoring. To quantify and mitigate or avoid actual impacts to bats and birds, the owner/operator of any large wind energy system shall implement an avian fatality monitoring program using the study methodology set forth in Smallwood, K. Shawn, et al, Estimating Wind Turbine Fatalities Using Integrated Detection Trials, 2018, The Journal of Wildlife Management, 82(6): 1169-1184; and Smallwood, K. Shawn, et al, Dogs Detect Larger Wind Energy Effects on Bats and Birds, 2020, The Journal of Wildlife Management 1-13; 2020. The initial study shall commence within one year of commencement of commercial operation, and last for a minimum duration of three years. A second study shall be conducted 10 years after the first study is completed. All results shall be made publicly available, be subject to peer review, and be provided to the town and the Public Service Commission within six months of completion of each study.
Interference with electromagnetic communications, radio signals, microwave and television signals. No large wind energy system shall be installed in any location absent sufficient proof being submitted to the Planning Board that the system's proximity to microwave communications, fixed broadcast, retransmission or reception antenna for radio, wireless phone, or other personal communications systems will not produce substantial electromagnetic interference with signal transmission or reception. Any interference with television signals shall be mitigated.
Colors and surfaces of large wind energy system. Colors and surface treatment of all large wind energy systems shall minimize visual disruption by using white, beige, off-white, gray or another nonreflective, unobtrusive color unless mandated otherwise by the FAA.
Landscaping. The landscaping of the large wind energy system should be appropriate to screen accessory structures from roads and adjacent residences. It should be designed to minimize the impacts of land clearing and loss of open space. Screening techniques should screen the structures upon installation and not rely on future growth (e.g., trees) to provide adequate screening in the future.
Lighting.
Large wind energy systems shall comply with all applicable FAA requirements for air traffic warning lights. In addition, all wind turbines and meteorological towers shall be equipped with a working Aircraft Detection Lighting System ("ADLS") that shall be operational at all times, and only emitting light when aircraft are detected in the vicinity of any specific turbine.
No artificial lighting shall be allowed on large wind energy systems except to the extent required by the FAA or other air safety authority. Minimal ground level security lighting is permitted.
Minimum lot size. A large wind energy system shall be installed on a lot of record equal to or greater than 20 acres.
Operation.
Maintenance. The owner of the large wind energy system shall submit an annual report of operations and maintenance to the Town by the end of the first quarter.
All large wind energy systems shall be maintained in operational condition, meeting all requirements of this section at all times, subject to reasonable maintenance and repair outages. If the large wind energy system becomes inoperative, damaged, unsafe, or violates a standard, the system owner shall remedy the situation within 90 days after written notice from the Code Enforcement Officer. The Code Enforcement Officer may extend the period by 90 days.
If the large wind energy system is not repaired or brought into compliance within the time frame stated above, the Town may, after a public hearing, order remedial action or revoke the special use permit and order removal of the large wind energy system within 90 days.
Inspections. All large wind energy systems shall be inspected annually for structural and operational integrity by a registered design professional. The Town has the right to enter the lot of record containing a large wind energy system at any reasonable time to inspect the large wind energy system.
Noise.
In accordance with NYSDEC noise policy (February 2001), the L10 noise level generated by a large wind energy system shall not increase the existing L90 (background) sound levels by more than six dBA as measured at the location of any nonparticipating, sensitive noise receptors, including residences, businesses, hospitals, libraries, schools, parks, and places of worship.
In the event that audible noise due to large wind energy system operations contains a steady pure tone, such as a whine, screech, or hum, the standards for audible noise set forth in Subsection E(9)(a) of this section shall be reduced to 3 dBA above the ambient sound level. 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 two contiguous 1/3 octave bands by 5 dBA for center frequencies of 500 Hz and above, by 8 dBA for center frequencies between 160 Hz and 400 Hz, or by 15 dBA for center frequencies less than or equal to 125 Hz.
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 90% over a one-hour period (L90). Ambient noise levels shall be measured at the exterior of potentially affected existing residences, businesses, schools, parks, hospitals, churches and public libraries. Ambient noise level measurement techniques shall employ all practical means of reducing the effect of wind-generating noise at the microphone. Ambient noise level measurements may be performed when wind velocities at the proposed project site are sufficient to allow wind turbines' operation, provided that the wind velocity does not exceed 30 miles per hour at the ambient noise measurement location.
Independent certification shall be required after construction demonstrating compliance with this noise standard.
Cumulative impact. The maximum allowable noise requirements set forth in this section shall include noise caused by all large wind energy systems that may cause noise at any given receptor. If the cumulative noise caused by two or more large wind energy projects exceeds the standards set forth in this section, an owner and/or operator of a large wind energy system shall be required to undertake reasonable mitigation measures for noise abatement up to an including curtailment or the decommissioning of any wind turbine that fails to comply with the noise exposure limits set forth in this section.
Safety.
The minimum distance from the ground to the rotor blade tips shall not be less than 50 feet.
Large wind energy systems shall not be climbable up to 15 feet above the ground. This can be achieved through anticlimbing devices or a fence around the tower with locking portals at least six feet high.
All access doors on towers or to electrical equipment shall be locked or fenced.
There shall be clearly visible signs on all large wind energy systems, electrical equipment, and wind energy facility entrances warning of electrical shock or high voltage and harm from revolving machinery. Signage shall also include 24-hour emergency contact information.
Each large wind energy system shall be equipped with both manual and automatic controls to limit the rotational speed of the blade within the design limits of the rotor. Manual electrical and/or overspeed shutdown disconnect switches shall be provided and clearly labeled on the large wind energy system. No large wind energy system shall be permitted which lacks an automatic braking, governing, or feathering system to prevent uncontrolled rotation, over speeding, and excessive pressure on the tower structure, rotor blades, and turbine components.
All structures which may be charged with lightning shall be grounded according to the NEC.
Setbacks.
Each large wind energy system shall be set back at least 1.5 times its height from all property lines, or a distance sufficient to comply with the noise exposures limits set forth in this section, whichever is greater.
Each large wind energy system shall be set back two times its height from the nearest school, hospital, place of worship, or public library, or a distance sufficient to comply with the noise exposures limits set forth in this section, whichever is greater.
Each large wind energy system shall be set back 1.5 times its height from, overhead utility or transmission lines, other towers, electrical substations, meteorological towers, roads, and structures of any kind.
Each large wind energy system shall be set back 1.5 times tower height from all structures and buildings other than residences on a nonparticipating owner's property.
Wetlands are a valuable natural resource worthy of protection. To provide a buffer between wetlands and large wind energy systems, preserve water quality, limit sediment discharges, erosion, and uncontrolled stormwater discharges, and provide wildlife habitat, each large wind energy system shall be setback 100 feet from the boundary of any wetland. The area within the setback is intended to create a protective buffer around the wetland. The buffer area within the setback shall be a non-disturbance area where natural vegetation must be maintained to the maximum extent practicable.
Shadow flicker. Large wind energy systems shall be located in a manner that minimizes shadow flicker to any building and/or structure. The maximum allowable shadow flicker at any building or structure is eight hours/year, and 20 minutes/day. An owner of a large wind energy system shall be required to undertake reasonable mitigation measures for shadow flicker, up to an including the decommissioning of any wind turbine that fails to comply with the shadow flicker exposure limits set forth in this section.
Shadow flicker compliance monitoring. No later than the second anniversary of a large wind energy system's date of commencement of commercial operation, the owner and/or operator of the large wind energy system shall provide the town with a report detailing the actual measured shadow flicker at all residences within 1 mile of any wind turbine, and for which any shadow flicker exposure was anticipated based upon model data submitted with an application for a sting permit or analogous state approval.
Cumulative impact. The maximum allowable shadow flicker and compliance monitoring requirements set forth in this section shall include shadow flicker caused by all large wind energy systems that may cause shadow flicker at any given receptor. If the cumulative shadow flicker caused by two or more large wind energy projects exceeds the standards set forth in this section, an owner and/or operator of a large wind energy system shall be required to undertake reasonable mitigation measures for shadow flicker up to an including curtailment or the decommissioning of any wind turbine that fails to comply with the shadow flicker exposure limits set forth in this section.
Siting and installation.
Any construction on agricultural land shall be conducted according to the NYSDAM's "Guidelines for Agricultural Mitigation for Wind Power Projects." In addition, impacts to agriculture shall be minimized to the maximum extent practicable. Large wind energy systems shall limit the use of agricultural areas within their project limits to no more than 10% of soils classified by the NYS Department of Agriculture and Markets' Agricultural Land Classification as mineral soils groups 1 through 4, prime farmland, and prime farmland if drained. To offset or mitigate the adverse impact of using high quality soils for a non-agricultural purpose, and/or as required by New York Public Service Law Section 138(4), any large wind energy system sited on soils classified by the NYS Department of Agriculture and Markets' Agricultural Land Classification as mineral soils groups 1 through 4, prime farmland, and/or prime farmland if drained, shall: (1) prepare and carry out an agricultural co-utilization plan acceptable to the Town or relevant state permitting authority, as the case may be; and (2) permanently conserve an equal amount of soils classified by the NYS Department of Agriculture and Markets' Agricultural Land Classification as mineral soils groups 1 through 4, prime farmland, and/or prime farmland if drained, located in the Town, in a manner acceptable to the Town, or relevant state permitting authority, as the case may be.
Connection of transmission lines from the wind energy facility to local distribution lines.
No construction of any large wind energy system shall be started until evidence is given of a signed interconnection agreement or letter of intent with an interconnecting public service agency.
A large wind energy system shall meet the requirements for interconnection and operation as set forth in the New York Independent System Operator's (NYISO) regulations.
Transmission lines and points of connection to local distribution lines should be combined to the extent possible. The large wind energy system should be connected to existing substations if possible, or if new substations are needed, the number should be minimized.
Power lines. Power lines between large wind energy systems and any other buildings or structures shall be completely underground. Power lines between large wind energy systems and the on-site substation shall be placed underground. Power lines for connection to a NYISO and transmission poles, towers, and lines may be aboveground.
Road access to project site. Subject to the owner's preference, entrances to access roads shall be gated and kept locked. The project shall only use designated traffic routes established in the application review process. Routes should be chosen to minimize traffic impacts and shall take into consideration a large wind energy system adverse impact to traffic during school bus times, wear and tear on local roads, and impacts on local businesses. Existing roads should be used to the extent possible or, if new roads are needed, they should minimize the amount of land used and the adverse environmental impacts. The applicant is responsible for remediation of any damaged roads due to siting and installation of the large wind energy system.
Total height. Wind Turbines shall not exceed a total height of 350 feet from the ground to the tip of the blade at its highest point.
Traffic routes.
Construction of large wind energy systems poses potential risks because of the large sized construction vehicles and their impact on traffic safety and their physical impact on local roads. Construction and delivery vehicles for such systems and for associated facilities shall use traffic routes established as part of a mutually acceptable, executed Road Use Agreement ("RUA") between the applicant and the Town, which shall be in force prior to commencement of any construction or pre-construction activities. A mutually acceptable RUA shall, at a minimum, include the following terms:
Terms sufficient to minimize traffic impacts from construction and delivery vehicles, including impacts on local residential areas; and
Terms sufficient to minimize related traffic during times of school bus activity; and
Terms sufficient to minimize wear and tear on local roads; and
Terms sufficient to minimize impacts on local business operations; and
Terms sufficient to minimize disseminating traffic route information to the public; and
The RUA shall apply to road use, road improvement, and road repair during construction, operation, and decommissioning of the facility, and the term of the RUA shall run from prior to commencement of construction, through completion of decommissioning in accordance with all permits and applicable laws; and
The RUA shall include a process for assessment, improvement, and repair of road condition before and after periods of use before construction, during construction, during operation, before decommissioning, and during decommissioning, with the cost of the assessment, improvement, and repair of town roads to be borne by the applicant and facility owner; and
The RUA shall clearly indicate whether any license, easement or any other form of permission is granted to the applicant to place facility components and infrastructure on, under, or over Town property such as Town roads and rights of way; and
The RUA shall require provision of a security instrument benefiting the town in the form of a bond, escrow, or letter of credit that shall be maintained by the applicant and facility owner and operator, from prior to commencement of construction to completion of decommissioning, in an amount sufficient to reconstruct the entire length of all roads used as traffic routes pursuant to the RUA. An acceptable Road Use Agreement shall include provisions for calculating the amount of security, and include provisions for escalation or periodic recalculation of security, and yearly provision of proof of security.
The applicant/owner is responsible for obtaining all necessary permits in addition to the RUA, and shall be responsible for improving roads as necessary prior to use, and repairing damage on all roads, whether such damage occurs during the construction, maintenance, operation, or decommissioning of a large wind energy system. All applicable local, county, state and federal highway departments shall approve the transportation plan and a copy of such approvals shall be submitted to the Town.
Type of construction. A large wind energy system shall be of monopole construction (single pole). No lattice structures or guy-wire-supported structures shall be permitted.
Public hearings. No action shall be taken by the Town Board to issue a special use permit or approve a site plan, by the Planning Board to issue a site plan recommendation, nor the Zoning Board of Appeals to grant a use and area variance until after public notice and hearing. Proper notice of a hearing before a board shall be given by legal notice published in the official newspaper of the Town at least 10 days before the date set for a public hearing and written notice mailed to the applicant or his agent at the address given in the application to be considered. The applicant shall be responsible for notifying by first-class mail all property owners of record within three miles of the outside perimeter or boundary line of property involved in the preliminary application of the time, date and place of such public hearing by mail at least 10 days prior to such hearing. Notice shall be deemed to have been given if mailed to the property owner at the tax billing address listed on the property records of the Town Assessor or at the property address. At least seven days prior to such hearing, the applicant shall file with the board his/her affidavit verification of mailing such notice. Failure of property owners to receive such notice shall not be deemed a jurisdictional defect.
Abatement, decommissioning, site restoration plan and bond.
Abatement and decommissioning. If a large wind energy system is not operated for a continuous period of 12 months, the Town will contact the owner by registered mail and provide 90 days for a response. The owner is required to respond and set forth reasons for the stoppage and a timetable for action. If the Town has made all reasonable efforts to notify the owner but the owner does not satisfactorily respond, the Town can contract for removal and restoration using the money in the decommissioning bond and charge the owner any difference in cost.
Decommissioning and site restoration plan agreement with the Town required prior to commencement of construction or issuance of any building permits. The plan shall include:
The anticipated life of the large wind energy system; and
Triggering events for decommissioning and removal; and
The estimated decommissioning costs in current dollars; and
How the estimate was determined; and
Provision for a re-estimate of such decommissioning costs at most every five years by a registered design professional; and
The manner in which the large wind energy system will be decommissioned and the site restored, including removal of all structures, turbines, cabling, electrical components, debris, and foundations to a depth of four feet, restoration of the soil and vegetation, and restoration of roads and driveways, less any fencing or residual minor improvements requested by the owner.
The applicant shall be required to execute and file with the Town Clerk a bond, or other form of security acceptable to the Town Attorney for an initial term of up to and including the entire useful life of the large wind energy system as determined by and acceptable to the Town Attorney and Engineer, in an amount sufficient for the faithful performance of the terms and conditions of the permit issued under this section, and to provide the decommissioning, removal and restoration of the site subsequent to the removal of the large wind energy system. The amount of the bond or security shall be no less than 150% of the cost of the removal of the large wind energy system and restoration of the site, and shall be reviewed and adjusted at five-year intervals. The applicant shall submit, initially and every five years, documented justification, acceptable to the Town Attorney and Engineer, for the bond amount. In the event of a default upon performance of such condition or any of them, the bond or security shall be forfeited to the Town, which shall be entitled to maintain an action thereon. The bond or security shall remain in full force and effect until the complete removal of the large wind energy system and site restoration is finished acceptable to the Town Attorney and Engineer. The Town Attorney may also require a corporate guarantee to assure compliance with this section. The amount of the bond or security shall not be reduced by any estimated salvage value.
Transfer and replacement.
If ownership of a large wind energy system changes, the new owner shall present full contact information and proof to the Town that all required bonds and insurance policies remain in full force 30 days prior to the transfer of ownership.
Any replacement of or modification or alteration to a large wind energy system, excluding regular maintenance and repair, requires an amendment to the special use permit, which amendment shall not be unreasonably withheld.
Replacement of a large wind energy system may occur without an amendment to the special use permit or site plan when there will be:
No increase in the total height of the large wind energy system; and
No change in the location of the large wind energy system; and
No additional lighting on the large wind energy system, except to the extent required by the FAA; and
No increase in noise produced by the large wind energy system.
Public service agency notification. The owner of a large wind energy system shall provide written authorization that the applicable public service agency(ies) has approved his/her/their intent to install an interconnected customer-owned large wind energy system prior to commencement of construction. Off-grid large wind energy systems shall be exempt from this requirement.
Buy American. All of the iron, steel, and manufactured goods used to construct, alter, maintain or repair a large wind energy system must be produced or manufactured in the United States.
Host community benefit agreement. In accordance with Rule 16 NYCRR 1100-1.2(z), 1100-2.19(g) and (k), and 1100-6.1(f), prior to the commencement of construction, the Town and the applicant or its successor in interest may enter into a mutually acceptable Host Community Benefit Agreement with terms sufficient to offset or mitigate the adverse impacts of any large wind energy system.
Professional services escrow requirement. The Town may retain a Designated Engineer (TDE) and retain consultants, lawyers, and/or other experts necessary to assist the Town in reviewing and evaluating the application, and to ensure compliance with applicable laws and building and fire codes during construction. The applicant for any large wind energy system shall be responsible for reimbursing the Town for the cost of any legal services or engineering review by the TDE required in processing the application, and monitoring construction of the facility (collectively the "professional services fees"). Applications for large wind energy systems shall be accompanied by a payment of $35,000 to the Town, to be held in an escrow controlled by the Town (the "professional services escrow"), for the purposes of paying any professional services fees incurred for review of the application, or construction and compliance monitoring. Whenever the amount of funds in the professional services escrow falls below $10,000, the applicant shall contribute an additional $10,000 to the escrow. Any funds remaining in the professional services escrow upon commencement of commercial operation shall be returned to the applicant, or its successor or assign.
Build and Fire Code enforcement. In accordance with Rule 16 NYCRR 1100-2.25(e), the Town of Lafayette, and specifically the Town's Code Enforcement Officer, shall be identified as the agency that shall review and approve the building plans, inspect the construction work, and certify compliance with the New York State Uniform Fire Prevention and Building Code, the Energy Conservation Construction Code of New York State, and the substantive provisions of any applicable local electrical, plumbing or building code. The Code Enforcement Officer may carry out these duties in coordination with a Town Designated Engineer (TDE), the cost of which shall be payable by the professional services escrow required by this section.
§ 290-26 Taxidermy.
Purpose. The purpose of these regulations is to establish specific standards for taxidermy. The intent is to preserve the integrity of the existing residential areas while allowing this use on properties that can accommodate the use. Taxidermy shall only be allowed in the AG District and shall require a special use permit.
Standards:
~ 1.
All operations must be located within a fully enclosed structure.
Must have all required permits and licenses in place at all times and provide copies to the Town Clerk.
Must provide a detailed plan for storage of animal remains on a routine basis so as to minimize odors, vermin and other potential environmental impacts.
Must provide a written plan for waste disposal that is in accordance with all county, state, and federal laws.
Shall only be allowed as an accessory use and may not be a principal use of the subject property.
§ 290-27 Commercial animal crematoriums.
Purpose. The purpose of these regulations is to establish specific standards for commercial animal crematoriums. The intent is to preserve the integrity of the existing residential areas while allowing this use on properties that can accommodate the use. Commercial animal crematoriums shall only be allowed in the AG District and shall require a special use permit.
Standards:
Must be located on a parcel containing at least 30 acres of contiguous land.
May not be located closer than 500 feet to the nearest residential property line.
All incineration equipment must be located within a fully enclosed structure.
No animal exceeding 350 pounds may be processed.
Must have all required permits and licenses in place at all times and provide copies to the Town Clerk.
Operations are limited to between the hours of 7:00 a.m. and 11:00 p.m.
Must provide a detailed plan for storage of animal remains on a routine basis and in case of system failure so as to minimize odors, vermin and other potential environmental impacts.
Waste stream is limited to primarily animal carcasses and in no event shall include regulated medical waste, hazardous waste or any other waste stream controlled or regulated by the federal or state government.
Must provide a plan for ash and residue disposal that is in accordance with all county, state and federal laws.
Shall only be allowed as an accessory use and may not be a principal use of the subject property.
§ 290-28 Adult entertainment.
Purpose. It is recognized that buildings and establishments operated as adult uses have serious objectionable operational characteristics. In order to promote the health, safety and general welfare of the residents of the Town of LaFayette, this section is intended to restrict adult uses to industrially zoned areas of the Town. The Town Board has found that the operational characteristics of adult uses and the secondary effects of adult uses increase the detrimental impact on a community when such uses are spread throughout the community. Therefore, this section is intended to promote the health, safety and general welfare of the residents of the Town of LaFayette by regulating the concentration and location of adult uses. This section has neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent or effect of this section to restrict or deny access by the distributors and exhibitors of adult entertainment and/or sexually orientated entertainment to their intended market. Neither is it the intent nor effect of this section to condone or legitimize the distribution of obscene material.
Definitions. The following terms shall, for the purpose of this section, have the meanings shown herein:
An establishment where, for any form of consideration, one or more still or motion-picture projectors, slides projectors or similar machines, or other image-producing machines, for viewing for five or fewer persons each, are regularly used to show films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
A business which 1) derives 25% or more of its gross income from the sale or rental of, or 2) utilizes 25% or more of its retail selling area for or 3) has stock comprised of 25% or more of any of the following: Books, magazines, periodicals, films, motion pictures, videocassettes, DVDs, slides, compact discs and/or computer generation or their visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
A nightclub, bar, restaurant, bottle club, juice bar, club or similar commercial establishment, whether or not alcoholic beverages are served, which features:
Persons who appear nude or in a state of nudity or semi-nudity; or
Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities;
Films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
A business where an adult male or female exposes parts of their body identified in specified anatomical areas.
A hotel or similar business which:
Offers public accommodations, for any form of consideration, which provide patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions characterized by the depiction or description of specified sexual activities or specified anatomical areas and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or
Offers a sleeping room for rent for a period of time less than 10 hours; or
Allows a tenant or occupant to subrent the sleeping room for a period of time less than 10 hours.
An enclosed or unenclosed building or structure or portion of a building or structure or drive-in theater used for presenting materials having, as a dominant theme, material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
A business which 1) derives 25% or more of its gross income from the sale, or rental of, or 2) utilizes 25% or more of its retail selling area for or 3) has stock comprised of 25% or more of any of the following: instruments, devices or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.
Any business involved in the dissemination of material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, including but not limited to adult arcades, adult bookstores or video stores, adult cabarets, adult live entertainment, adult hotels, adult motion-picture theaters, adult novelty stores and massage establishments.
Specified anatomical areas include any of the following:
Specified sexual activities include any of the following:
Human genitals in a state of sexual stimulation or arousal.
Acts of actual or simulated human masturbation, sexual intercourse, oral copulation or sodomy.
Fondling or other intentional erotic touching of human genitals, pubic region, buttocks, anus or female breasts.
A method of treating the external parts of the human body by rubbing, stroking, kneading or vibrating with the hand or any instrument or any other treatment or manipulation of the human body which occurs as part of or in connection with specified sexual activities or where any person providing such treatment, manipulation or service related thereto exposes his or her specified anatomical areas.
Any business where body rubs, body shampoos, massages (as defined above) or similar services are administered. This definition shall not include persons licensed or authorized pursuant to Article 155 of the Education Law, or specifically exempt from Article 155 of the Education Law. See Education Law § 7800 et seq.
A public elementary, secondary or high school, or university or college; and private schools with curricula equivalent to that of public elementary, secondary or high schools, or universities or colleges.
Restrictions on adult uses.
No adult use shall be allowed or permitted in any zoning district of the Town, except an Industrial District. All adult uses shall comply with all applicable provisions of this chapter, including those relating to structures and uses permitted in an Industrial District.
No person shall construct, establish, operate or maintain, or be issued a certificate of occupancy for, any adult use within the Town unless such use meets the following standards:
No more than one adult use shall be allowed or permitted on any one lot.
No adult use shall be allowed or permitted on a lot that is within 500 feet of:
Any Residential District (AG, R-1, RPC, RM) or the Hamlet (H) District;
Any property that is used, in whole or in part, for residential purposes;
Any place of worship or other regular place of worship, community center, library, school, nursery school, day-care center, public park, playground, recreational area or field;
Any public buildings; and
Any hotels.
Where there is a conflict between the regulations as provided in this section and any other chapter, law, rule or regulation of the Town, including without limitation to this Chapter 290, the most restrictive law, chapter, rule or regulation shall apply.
All distances set forth herein shall be measured from the building or structure in which the adult use is located or any sign advertising same to the lot line of the receptor use.
No adult use shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any other lot, including but not limited to any lighting, display, decoration, poster, photograph, video, sign, show, doorway, window, screen or other opening.
§ 290-29 Roadside stands.
No roadside stand shall be constructed, reconstructed, erected, built or used in any use district except upon the submission of plans and specifications thereof to the Planning Board and upon written approval thereof by said Planning Board, subject to such conditions, restrictions and safeguards as may be deemed appropriate by said Planning Board. If, however, the roadside stand is operated by the owner of the land on which the stand is located, it shall be considered an allowed accessory use.
§ 290-30 Height limitations.
Except for flagpoles, utility poles and towers, place of worship spires, bell or clock towers, chimney flues, elevator bulkheads, approved communication antennas, approved wind energy systems or farm structures, no building or structure in the Town of LaFayette shall exceed a height of 35 feet except upon the granting of a variance by the Zoning Board of Appeals.
§ 290-31 Manure storage facilities for concentrated animal feeding operations (CAFOs).
Purpose and intent. The purpose of this section is to review the location, construction, installation, operation, use and abandonment of manure storage facilities for concentrated animal feeding operations (CAFOs) in order to prevent water pollution and other environmental impacts and thereby protect the health of the residents of the Town, and promote the prosperity and general welfare of the residents of the Town. The Town Board understands that, from time-to-time, local farmers require the ability to store large quantities of manure in order to fertilize crops and carry out other farming operations in an efficient and economical manner. Nonetheless, the Town Board finds that manure storage facilities can be a potential threat to the health, safety and welfare of Town residents and the surrounding environment. The Town Board further finds that, despite the existence of state and federal regulations, which set detailed performance standards for the construction and maintenance of such facilities, some measure of local oversight is required in order to ensure the transparency of the process surrounding the permitting, construction and expansion of these facilities.
Authority. This section is enacted pursuant to the New York State Constitution and New York Municipal Home Rule Law § 10.
Repeal of Local Law No. 2-2017. Local Law No. 2-2017, "A Local Law to Amend the 1970 Zoning Ordinance of the Town of LaFayette to Create Site Plan Review Regulations for Liquid Manure Storage Facilities", is hereby repealed.
Site plan review for manure storage facilities.
Regulated activities.
Any person who designs, constructs, installs, reconstructs or enlarges a manure storage facility for a CAFO, or employs another person to do the same, on land in the Town shall be subject to the provisions of this section.
No manure storage facility or addition to an existing manure storage facility for a CAFO shall be constructed, installed, reconstructed or enlarged prior to receiving site plan approval from the Town Planning Board.
Site plan application. The applicant for site plan review shall submit the following:
Sketch of the parcel on a location map (e.g., Tax Map) showing boundaries and dimensions of the parcel of land involved and identifying contiguous properties and any known easements or rights-of-way and roadways.
Show the existing features of the site, including land and water areas, water or sewer systems and the approximate location of all existing structures on or immediately adjacent to the site.
Show the proposed location and arrangement of buildings and uses on the site, including means of ingress and egress.
Show the proposed location and arrangement of livestock containment areas or manure storage/manure composite sites.
Sketch of any proposed building manure storage facilities structure or sign, including exterior dimensions and elevations of front, side and rear views; include copies of any available blueprints, plans or drawings.
Provide a description of the farm operation (existing and/or proposed) and a narrative of the intended use and/or location of proposed buildings, structures or signs, including any anticipated changes in the existing topography and natural features of the parcel to accommodate the changes.
Include the name and address of the applicant and any professional advisors. If the applicant is not the owner of the property, provide authorization of the owner.
If any new structures are going to be located adjacent to a stream or wetland, provide a copy of the floodplain map and wetland map that corresponds with the boundaries of the property.
The applicant shall submit a copy of all plans, drawings or other documentation as may be required by the DEC or EPA for the manure storage facility.
The number, kinds and weights of animals for which storage is provided and the duration for which storage is to be provided. Storage volume computations and the storage facility volume shall be provided.
The structural details, load assumptions, design computations, dimensions, cross sections, concrete thickness, reinforcing steel to be used and facility elevations; the construction and material specifications, including, but not limited to, applicable specifications for earthen fill quantities and soil types, excavation quantities and soil types, timber and pipes for the proposed manure storage facility.
The location of any existing well within 300 feet of the facility.
The soil test pit locations and soil descriptions to a depth of at least five feet below the planned bottom of the facility. Surface elevation of soil test pits shall be provided. In addition, results of any laboratory tests performed on the soils shall be provided.
The elevation of high groundwater level or bedrock if encountered in the soil profile and the date of any such determinations.
Provisions for adequate drainage and control of runoff to prevent pollution of surface water and groundwater. The applicant shall show the location and distance of any surface flow path, wellhead, spring or sinkhole within 300 feet of the facility.
A time schedule for construction of the facility.
A description of the method and materials proposed in transferring manure into and from the facility.
All CAFOs shall provide an operation and maintenance plan, operating safety provisions and details of the manure transfer system, including, but not limited to, material quality.
All CAFOs shall provide the type of fencing and signage to be used around the facility.
Application form and fee (if required).
Site review procedures.
The applicant must submit a complete application and fee.
The Town Code Enforcement Officer shall make a determination whether the application is complete within seven days of submission. If the application is complete, the applicant may be placed on the Town Planning Board agenda for formal review.
The Planning Board shall complete the review of the plan and application within 45 days of the submission of a complete application.
Inspections and enforcement. The Code Enforcement Officer of the Town of LaFayette may conduct on-site inspections until such time that the site plan review and construction process is completed.
Abandonment. The applicant shall submit to the Town a copy of the documents that the CAFO supplies to the New York State Department of Environmental Conservation for abandonment of a manure storage facility.
Penalties.
The owner of any such facility who commits or permits any acts in violation of any of the provisions of this section or fails to comply with the provisions thereof shall be deemed to have committed an offense against such section and also be liable for any such violation or the penalty therefor. Each day such violation shall continue or be permitted to exist shall constitute a separate violation.
For every violation of any provision of this section, the person violating the same shall be subject to a fine of not more than $500 and/or 15 days in jail for each such offense. Such penalties shall be collectable by and in the name of the Town for each day that such violations shall continue.
§ 290-32 Solar energy systems.
Purpose and intent. The purpose of this section is to permit and regulate the construction of solar energy systems in the Town of LaFayette in a manner that preserves the health, safety and welfare of the Town while also facilitating the production of renewable energy. The Town recognizes that solar energy is a clean, readily available and renewable energy source. Development of solar energy systems offers an energy source that can prevent fossil fuel emissions, reduce the Town's energy demands and attract and promote green business development within the Town. The Town has determined that comprehensive regulations regarding the development of solar energy systems are necessary to protect the interests of the Town, its residents and businesses. This section is intended to promote the effective and efficient use of solar energy systems; establish provisions for the placement, design, construction, operation and removal of such systems in order to uphold the public health, safety and welfare; and to ensure that such systems will not have a significant adverse impact on the aesthetic qualities and character of the Town.
Authority. This section is enacted pursuant to the New York State Constitution and New York Municipal Home Rule Law § 10.
Applicability. This section shall apply to all solar energy systems in the Town of LaFayette which are installed or modified after the effective date of the local law which initially established these regulations. All solar energy systems which are installed or modified after that date shall be in compliance with all of the provisions hereof.
Building-integrated solar energy systems.
Districts where allowed. Building-integrated solar energy systems shall be permitted in all zoning districts within the Town, subject to the submission of, application for and review and issuance of an applicable building permit.
Rooftop-mounted solar energy systems.
Districts where allowed. Rooftop-mounted solar energy systems shall be permitted in all zoning districts within the Town, subject to the following requirements:
A building permit shall be required for installation of all rooftop-mounted solar energy systems.
An applicant shall submit the following application materials to the Code Enforcement Officer:
A site plan showing location of major components of the solar energy system and other equipment on the roof or legal accessory structure. This plan should represent relative locations of components at the site, including, but not limited to, location of arrays, existing electrical service locations, utility meters, inverter locations, system orientation and tilt angles. This plan should show access and pathways that are compliant with the New York State Uniform Fire Prevention and Building Code and the National Fire Protection Association codes, if applicable.
One-line or three-line electrical diagram. The electrical diagram required by NYSERDA for an incentive application and/or utilities for an interconnection agreement may also be provided here.
Specification sheets for all manufactured components. If these sheets are available electronically, a web address will be accepted in place of an attachment, at the discretion of the Town.
All diagrams and plans must be prepared by a professional engineer or registered architect and contain the applicable professional's stamp, mark and/or signature as required by New York State law and include the following:
Rooftop-mounted solar energy systems shall not exceed the maximum allowed height of the principal use in the zoning district in which the system is located.
Rooftop-mounted solar energy systems shall be mounted parallel to the roof plane on which they are mounted. However, in the case of commercial buildings which have a flat roof, a tilted mount may be allowed, provided the panels are not visibly objectionable from the property line.
In order to ensure firefighter and other emergency responder safety, except in the case of accessory buildings under 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-mounted solar energy systems.
Exceptions to these requirements may be requested where access, pathway or ventilation requirements are reduced due to:
Unique site-specific limitations;
Alternative access opportunities (such as from adjoining roofs);
Ground-level access to the roof area in question;
Other adequate ventilation opportunities when approved by the Code Office;
Adequate ventilation opportunities afforded by panel setback from other rooftop equipment (for example: shading or structural constraints may leave significant areas open for ventilation near HVAC equipment);
Automatic ventilation devices; or
New technology, methods or other innovations that ensure adequate emergency responder access, pathways and ventilation opportunities.
In addition to the requirements set forth in this subsection, rooftop-mounted solar energy systems shall be subject to the general requirements set forth in Subsection G of this section.
Permit review and inspection time line. Permit determinations will be issued within 14 days upon receipt of complete and accurate applications.
Ground-mounted solar energy systems.
Districts where allowed. Ground-mounted solar energy systems are permitted as accessory uses in the Agricultural (AG) District, Residential Planned Cluster (RPC) District, Residential Multifamily (RM) District, Business (B) District, Industrial (I) District, Commercial Planned Development (CPD) District and the Hamlet (H) District of the Town, subject to the granting of a special use permit approval by the Zoning Board of Appeals and further subject to the following requirements:
A building permit and special use permit approval shall be required for installation of all ground-mounted solar energy systems.
Ground-mounted solar energy systems shall be permitted in front yards, provided said systems are properly screened from neighboring properties and streets.
Ground-mounted solar energy systems shall not be placed or installed on a septic field.
Ground-mounted solar energy systems shall comply with the most restrictive area, yard and bulk regulations in each applicable zoning district in which the ground-mounted solar energy system is constructed. However, ground-mounted solar energy systems shall only be permitted in the Residential Planned Cluster (RPC) District and the Hamlet (H) District on lots which are 20,000 square feet or larger and only in rear yards.
Setbacks. Further setbacks, area and yard requirements and bulk restrictions may be required by the Zoning Board of Appeals in addition to those set forth in Subsection F(1)(d) above in order to protect the public's safety, health and welfare.
The height of the solar collector/panel and any mounts shall not exceed 15 feet in height when oriented at maximum tilt measured from the ground and including any base.
As part of the special use permit review process, a ground-mounted solar energy system shall be screened when possible and practicable from adjoining lots and street rights-of-way through the use of architectural features, earth berms, landscaping, fencing or other screening which will harmonize with the character of the property and the surrounding area. The proposed screening shall not interfere with the normal operation of the solar collectors/panels.
The ground-mounted solar energy system shall be located in a manner to reasonably minimize view blockage for surrounding properties.
Neither the ground-mounted solar energy system, nor any component thereof, shall be sited within any required buffer area.
The total surface area of all ground-mounted solar energy system components shall not exceed the area of the ground covered by the building structure of the largest building on the lot measured from the exterior walls, excluding patios, decks, balconies, screened and open porches and attached garages.
The area beneath the ground-mounted solar energy system shall not be included as impervious surface coverage in calculating whether the lot meets any maximum permitted lot coverage requirements for the applicable zoning district. Such uses shall also not be counted toward the limitation on the number of accessory buildings or uses permitted on a parcel.
The criteria for special use permit approval as set forth in § 290-38D shall also be demonstrated for each application.
Fees. Fees for applications and permits under this section shall be established by resolution of the Town Board of the Town of LaFayette. In accordance with the requirements of Chapter 160, Fees, Article I, it shall be the applicant's responsibility to reimburse the Town for any and all reasonable and necessary legal, engineering and other professional fees incurred by the Town in reviewing and administering an application for a special use permit under this section.
Districts where prohibited. Ground-mounted solar energy systems shall not be permitted in the Floodplain (F) District.
General requirements applicable to building-integrated, rooftop-mounted and ground-mounted solar energy systems.
All solar energy system installations must be performed by a qualified solar installer.
Solar energy systems, unless part of a solar farm, shall be permitted only to provide power for use by owners, lessees, tenants, residents or other occupants of the premises on which they are erected, but nothing contained in this provision shall be construed to prohibit the sale of excess power through a net-metering arrangement in accordance with New York Public Service Law § 66-j or similar state or federal statute. However, solar energy system applications in a residential setting and serving a residential use on a single parcel or lot shall be limited to 15 kW or less. Solar energy system applications in nonresidential settings, including active farm operations, may be permitted up to 25 kW or less.
Prior to operation, electrical connections must be inspected by a Town Code Enforcement Officer and/or by an appropriate electrical inspection person or agency, as determined by the Town.
Any connection to the public utility grid must be inspected by the appropriate public utility, and proof of inspection shall be provided to the Town.
Solar energy systems shall be maintained in good working order.
Solar energy systems shall be permitted only if they are determined by the Town to be consistent in size and use with the character of the surrounding neighborhood.
All solar energy systems described in this section shall meet and comply with all relevant and applicable provisions of the New York State Uniform Fire Prevention and Building Code standards, the National Electrical Code and National Fire Protection Association codes. To the extent the provisions of the New York State Uniform Fire Prevention, National Electrical Code and Building Code and the National Fire Protection Association codes are more restrictive than the provisions set forth in this section, the provisions of the New York State Uniform Fire Prevention and Building Code, National Electrical Code and the National Fire Protection Association codes shall control.
If solar storage batteries are included as part of the solar energy system, they must be placed in a secure container or enclosure meeting the requirements of the New York State Uniform Fire Prevention and Building Code and/or the National Fire Protection Association codes when in use, and when no longer used shall be disposed of in accordance with the laws and regulations of the Town and other applicable laws and regulations.
All utility services and electrical wiring/lines shall be placed underground and otherwise be placed within the walls or unobtrusive conduit. Conduits or feeds which are laid on the roof shall be camouflaged to blend in with the roof and reduce aesthetically objectionable impacts.
If a solar energy system or any part thereof ceases to perform its originally intended function or is in a state of malfunction for more than 12 consecutive months, the property owner shall completely remove or replace such system or part, mount and all other associated equipment and components by no later than 90 days after the end of the twelve-month period or within 10 days of written notice from the Town. Failure to do so will result in the Town removing the solar energy system and assessing the cost of removal on the property, which shall constitute a lien on said property and be collected in the same manner as property taxes. The Code Enforcement Officer and/or Town Engineer shall have the right at any reasonable time to enter, in the company of the owner or his agent, to ensure that the solar energy system remains operational.
[Amended 12-8-2020 by L.L. No. 2-2020]
To the extent practicable, solar energy systems shall have neutral paint colors, materials and textures to achieve visual harmony with the surrounding area. Solar energy systems shall be composed of panels which are the same or similar in composition and color.
The design, construction, operation and maintenance of the solar energy system shall prevent the direction, misdirection and/or reflection of solar rays onto neighboring properties, public roads, public parks and public buildings.
Marking of equipment.
Solar energy systems and components shall be marked in order to provide emergency responders with appropriate warning and guidance with respect to isolating the solar electric system. Materials used for marking shall be weather-resistant. For residential applications, the marking may be placed within the main service disconnect. If the main service disconnect is operable with the service panel closed, then the marking should be placed on the outside cover.
In the event any of the standards in this subsection for markings are more stringent than applicable provisions of the New York State Uniform Fire Prevention and Building Code or National Fire Protection Association codes, they shall be deemed to be guidelines only and the standards of the New York State Uniform Fire Prevention and Building Code or National Fire Protection Association codes shall apply.
Prior to the time of the issuance of a building permit, the applicant/owner shall demonstrate to the Code Enforcement Officer a reliable and safe method for de-energizing the solar energy system in the event of an emergency. The method and location to de-energize the solar energy system, once approved by the Code Enforcement Officer, shall be provided by the applicant to all applicable emergency services and first responders.
Solar farms.
[Amended 12-8-2020 by L.L. No. 2-2020; 3-8-2022 by L.L. No. 1-2022]
Districts where allowed. Subject to the issuance of site plan approval and a special use permit approval and other requirements as set forth herein, solar farms shall not be a permitted use in any zoning district other than the Agricultural (AG) District and the Industrial (I) District within the Town.
Districts where prohibited. Solar farms shall be prohibited in the Single-Family District (R-1), Residential Planned Cluster (RPC) District, Residential Multifamily (RM) District, Business (B) District, Commercial Planned Development (CPD) District, Hamlet (H) District and Floodplain (F) District.
Lot area and yard regulations. The following lot area and yard regulations shall apply to solar farms located in the Agricultural (AG) District and Industrial (I) District within the Town:
Permits required. No person, firm or corporation, or other entity being the owner, occupant or lessee of any land or premises within the Town of LaFayette shall use or permit the use of land or premises for the construction or installation of a solar farm without obtaining a building permit, a special use permit approval issued by the Zoning Board of Appeals and a site plan approval issued by the Planning Board as hereinafter provided.
Special use permit approval.
In addition to the criteria established pursuant to § 290-38D of this chapter, the following criteria are hereby established for purposes of the granting of special use permit approval for a solar farm:
Scenic viewsheds. A solar farm shall not be installed in any location that would substantially detract from or block the view(s) of all or a portion of a recognized scenic viewshed, as viewed from any public road, right-of-way or publicly owned land within the Town of LaFayette or that extends beyond the border of the Town of LaFayette. Such viewsheds are specially identified as significant views as shown on the Open Space Map and Potential Conservation Areas, found in the Town's 2021 Comprehensive Plan appendix.
Areas of potential environmental sensitivity. A solar farm shall not be installed in any location that have areas of potential environmental sensitivity including unique natural areas, floodplains, historic sites, state-owned lands, conservation easements, trails, parklands, prime soils, and wetlands as identified by Open Space Map and Potential Conservation Lands, found in the Town's 2021 Comprehensive Plan appendix.
The development and operation of the solar farm shall not have a significant impact on water quality, fish, wildlife, animal or plant species or their critical habitats, or other significant habitats identified by the Town, federal or state regulatory agencies.
Prime farmland. Solar farms shall not be installed in any location that contains soils identified as prime farmland or farmland of statewide importance identified in Map 6: Agricultural Soils in the Town's 2021 Comprehensive Plan.
Emergency shutdown/safety. The applicant shall demonstrate the existence of adequate emergency/safety measures. The applicant shall post an emergency telephone number so that the appropriate entities may be contacted should any solar panel or other component of the solar farm need immediate repair or attention. This emergency telephone number should be clearly visible and in a location which is convenient and readily noticeable to someone likely to detect a problem. Further, the applicant shall arrange for the filing of site plans and any emergency shutdown procedures with the Town Code Enforcement Officer and local first responders with training provided by the applicant.
Security. All solar farms shall be secured to the extent practicable to restrict unauthorized access. See Subsection H(6)(a)[19] of this section.
Access road. To the greatest extent possible, existing roadways shall be used for access to the site and its improvements. In the case of constructing any roadways necessary to access the solar farm, they shall be constructed in a way that allows for the passage of any emergency vehicles in the event of an emergency. Each application shall be accompanied by correspondence from the responding fire department and emergency care provider as to the acceptability of the proposed ingress to and egress from the solar farm site.
The development and operation of the solar farm shall not have a significant impact on fish, wildlife, animal or plant species or their critical habitats, or other significant habitats identified by the Town or federal or state regulatory agencies.
Waiver. The Zoning Board of Appeals may, upon exercise of its reasonable discretion, waive one or more of the submission requirements imposed herein. Relief from all other requirements must be made by way of an area or use variance from the Zoning Board of Appeals.
Site plan approval.
The following submission requirements must be observed regarding a site plan approval application for a solar farm. The Planning Board may also require any of the requirements of § 290-37 of this chapter as part of the submission.
A completed application form as supplied by the Town for site plan approval for a solar farm.
Proof of ownership of the premises involved or proof that the applicant has written permission of the owner to make such application, along with contact information of involved parties. Any transfer of ownership or operating/maintenance responsibility of a solar farm either during the pendency of an application or any time after approval of an application shall require the prior written approval of the Town Attorney.
Plans and drawings of the proposed solar farm installation signed, marked and/or stamped by a professional engineer registered in New York State showing the proposed layout of the entire solar farm along with a description of all components, whether on-site or off-site, existing vegetation and proposed clearing and grading of all sites involved. Clearing and/or grading activities are subject to review by the Planning Board and shall not commence until the issuance of site plan approval. The plans and development plan shall be drawn in sufficient detail and shall further describe:
Property lines and physical dimensions of the proposed site, including contours at five-foot intervals.
Location, approximate dimensions and types of all existing structures and uses on the site.
Location and elevation of the proposed solar farm and all components thereof.
Location of all existing aboveground utility lines within 1,200 linear feet of the site.
Where applicable, the location of all transmission facilities proposed for installation. All transmission lines and wiring associated with a solar farm shall be buried underground and include necessary encasements in accordance with the National Electrical Code, National Fire Protection Association codes and Town requirements. The Planning Board may recommend waiving this requirement if sufficient engineering data is submitted by the applicant demonstrating that underground transmission lines are not feasible or practical. The applicant is required to show the locations of all proposed overhead electric utility/transmission lines (if permitted) and underground electric utility/transmission lines, including substations and junction boxes and other electrical components for the project on the site plan. All transmission lines and electrical wiring shall be in compliance with the public utility company's requirements for interconnection. Any connection to the public utility grid must be inspected by the appropriate public utility.
Location of all service structures proposed as part of the installation.
Documentation of utility company notification and approval, including the electric service order number. No solar farm shall be constructed until evidence has been provided to the Planning Board that the utility company operating the electrical grid where the installation is to be located has been informed of the construction of the solar farm and has agreed to an interconnection.
Landscape plan showing all existing natural land features, trees, forest cover and all proposed changes to these features, including size and type of plant material. The plan shall show any trees and/or vegetation which is proposed to be removed for purposes of providing greater solar access. Topsoil stripping and removal from the site is prohibited.
A berm, landscape screen or any other combination acceptable to the Town capable of screening the site shall be provided along any property line.
Soil type(s) at the proposed site.
Photographic simulations shall be included showing the proposed solar farm along with elevation views and dimensions and manufacturer's specifications and photos of the proposed solar energy systems, solar collectors, solar panels and all other components comprising the solar farm from vantage points selected by the Planning Board.
If applicable, certification from a professional engineer or architect registered in New York State indicating that the building or structure to which a solar panel or solar energy system is affixed is capable of handling the loading requirements of the solar panel or solar energy system and various components.
One- or three-line electrical diagram detailing the solar energy system installation, associated components and electrical interconnection methods, with all disconnects and over-current devices.
Documentation of access to the project site(s), including location of all access roads, gates, parking area, etc.
A plan for clearing and/or grading of the site and a stormwater pollution prevention plan (SWPPP) for the site certified by professional engineers demonstrating that storm water runoff will infiltrate into the ground beneath at a rate equal to or less than that of the prior infiltration rate.
(Reserved)
Sunchart. Where deemed appropriate, the Planning Board may require that the applicant submit a sunchart for the proposed site indicating the sun angle for the southern boundary of the site for a minimum four-hour continuous period during the time of the highest sun angle on December 21, along with the potential for existing buildings, structures and/or vegetation on the site or on adjacent sites to obstruct the solar skyspace of the proposed solar farm. The sunchart shall also indicate the potential for obstructions to the solar skyspace of the proposed solar farm under a scenario where an adjacent site is developed as otherwise permitted by applicable provisions of this chapter with a building/structure built to maximum bulk and height at the minimum setback. Where no standards for setback are established, this scenario shall assume a maximum setback of five feet from the property line. The sunchart shall be kept on file at the Town Code Enforcement Office and determine the minimum setback required for any solar collectors from the south property line as well as the solar skyspace that should be considered when development of neighboring properties occurs. This section in no way places responsibility on the Town for guaranteeing the solar skyspace of a solar energy system in the event setbacks are waived at the applicant's request.
Lightning protection plan. To be installed via internal lightning arrestors, surge protectors, or adequate ground.
The manufacturer's or installer's identification and appropriate warning signage shall be posted at the site and be clearly visible.
Solar energy systems shall be marked in order to provide emergency responders with appropriate warning and guidance with respect to isolating the electric systems. Materials used for marking shall be weather-resistant. The marking shall be placed adjacent to the main service disconnect location clearly visible from the location where the lever is operated.
The average height of the solar panel array shall not exceed 20 feet measured from the ground and including any base or supporting materials.
Color. Neutral paint colors, materials and textures may be required for solar farm components, buildings and structures to achieve visual harmony with the surrounding area as approved by the Planning Board.
Glare. The design, construction, operation and maintenance of the solar energy system shall prevent the direction, misdirection and/or reflection of solar rays onto neighboring properties, public roads, public parks and public buildings. All photovoltaic modules used in the solar farm shall be coated with antireflection materials to prevent solar panel glare.
Artificial lighting of solar farms shall be limited to lighting required for safety and operational purposes and shall be shielded from all neighboring properties and public roads.
Solar farms shall be enclosed by perimeter fencing to restrict unauthorized access as approved by the Planning Board. The style and type of fence shall be approved by the Planning Board as part of the site plan approval process.
The Planning Board may place reasonable hours restrictions during the construction phase of the solar farm. However, construction shall begin no earlier than 7:30 a.m. and shall cease no later than 8:30 p.m., Monday through Saturday.
Only signage used to identify the location of the solar farm shall be allowed, and such signage shall otherwise comply with the Town's sign regulations and requirements.
To the extent practicable, equipment that produces noise above ambient levels during normal operation shall be placed in the center of the solar array or at a minimum of 1,000 feet from the nearest property line.
All applications shall be accompanied by a full environmental assessment form for purposes of environmental review under the New York State Environmental Quality Review Act (SEQRA). A visual impact assessment (VIA), performed by a qualified consultant following generally accepted guidelines (e.g., Guide to Evaluating Visual Impact Assessments for Renewable Energy Projects, US Department of Interior, 2014), shall be reported and submitted to the Planning Board, including but not limited to:
The qualifications of the consultant including list of VIAs completed for other solar farms. The VIA report will describe guidelines and methods used.
Photo simulations (i.e., computer generated photomontages) of the proposed solar farm components and surrounding landscape (including how setback areas will be maintained) from key observation points (KOPs). KOPs are points on a travel route within a three-mile radius and other likely observations points on private property within a one-mile radius from the center of the project. KOPs will be selected in consultation with and approval of the Planning Board.
The visual impact from each KOP will be assessed and rated for contrast, sensitivity, and scenic quality of view, by an independent panel of three. An overall impact rating for each KOP will be presented and discussed. Visual impact mitigation techniques, planned and available, will be described, including photo simulations with and without mitigation.
The Planning Board will review and comment on the VIA, and may accept the report as is or ask for additional analysis, visual mitigation, and/or a revised VIA. As an agricultural town that values its natural resources, the following visual mitigation techniques are encouraged: (1) agrophotovoltaics (i.e., sharing land use with agriculture such as crops, beehives, sheep pasturing, greenhouses), (2) plantings that encourage wildlife habitats (e.g., pollinators, wild flowers).
Site plan approval criteria. In addition to the above and subject to the criteria of § 290-37 of this chapter, no site plan approval shall be given unless the Planning Board determines that the proposed solar farm complies with the following additional requirements:
The use is oriented in its location upon the site as to layout, coverage, screening, means of access and aesthetics so that:
The flow control and safety of traffic and human beings shall not be adversely affected to an unreasonable degree;
There is sufficient accessibility for any fire and other emergency vehicles and responders to the site; the applicant shall provide down-shielded lighting at the entrance points to the site and which shall be on file with the Town Codes Office and applicable fire department and first responders;
There is reasonable compatibility in all respects with any structure or use in the surrounding area, actual or permitted, which may be directly substantially affected;
There shall not be any unreasonable detriment to any structure or use, actual or permitted, in the surrounding area;
There is a reasonable provision for open space and yard areas as appropriate to the surrounding area.
Saturation. In deciding whether to issue a special use permit, the Planning Board shall consider the proximity of similar large solar energy systems (i.e., greater than one MW) to the one being proposed. In no event shall a solar farm be placed within one mile (as measured as the distance between the property lines nearest each solar farm) of an existing solar farm, without specific findings by the Planning Board that such placement does not adversely affect the community character of the surrounding properties.
Public hearing. No action shall be taken by the Zoning Board of Appeals to issue special use permit approval, or by the Planning Board to issue site plan approval, nor the Zoning Board of Appeals to grant a use or area variance in relation to an application for a solar farm until after public notice and a public hearing by each board for each such approval. Proper notice of a hearing before a board shall be given, as the responsibility of the applicant, by legal notice published in the Post-Standard newspaper and on the Facebook page of the Town of LaFayette at least 10 days before the date set for such public hearing(s). The applicant shall be responsible for notifying, by certified mail, all property owners of record within three miles of the outside perimeter of the boundary line of the property involved in the application of the time, date and place of such public hearing at least 10 days prior to such hearing. Notice shall be deemed to have been given if mailed to the property owner at the tax billing address listed on the property tax records of the Town Assessor or at the property address. At least seven days prior to such hearing, the applicant shall file with the Board his/her affidavit verifying the mailing of such notices. Failure of the property owners to receive such notice shall not be deemed a jurisdictional defect.
Compliance with New York State Uniform Fire Prevention and Building Code and National Fire Protection Association codes.
Building permit applications shall be accompanied by standard drawings of structural components of the solar farm and all its components (including but not limited to solar panel, solar collector, solar energy system, etc.). Drawings and any necessary calculations shall be certified, in writing, by a New York State registered professional engineer, that the system complies with the New York State Uniform Fire Prevention and Building Code and any applicable National Fire Protection Association codes. This certification would normally be supplied by the manufacturer.
Where the structure, components or installation vary from the standard design or specification, the proposed modification shall be certified by a New York State registered professional engineer for compliance with the structural design provisions of the New York State Uniform Fire Prevention and Building Code and any applicable National Fire Protection Association codes.
Compliance with state, local and national electric codes.
Building permit applications shall be accompanied by a line drawing identifying the electrical components of the solar farm to be installed in sufficient detail to allow for a determination that the manner of installation conforms with the National Electrical Code. The application shall include a statement from a New York State registered professional engineer indicating that the electrical system conforms with good engineering practices and complies with the National Electrical Code, as well as applicable state and local electrical codes. This certification would normally be supplied by the manufacturer. All equipment and materials shall be used or installed in accordance with such drawings and diagrams.
Where the electrical components of an installation vary from the standard design or specifications, the proposed modifications shall be reviewed and certified by a New York State registered professional engineer for compliance with the requirements of the National Electrical Code and good engineering practices.
USA made content. The applicant shall ensure that materials used in the solar farm be manufactured in the United States substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States.
Following construction/installation of the solar farm, all disturbed areas where soil has been exposed shall be reseeded with grass and/or planted with low-level vegetation capable of preventing soil erosion and airborne dust.
Post-construction/post-installation certification. Following the construction/installation of the solar farm, the applicant shall provide a post-construction/post-installation certification from a professional engineer registered in New York State that the project complies with any and all applicable codes and industry practices and has been constructed and is operating according to the drawings and development plan(s) submitted to the Town and this section.
Insurance. The applicant, owner, lessee or assignee shall maintain a current insurance policy which will cover installation and operation of the solar farm at all times. Said policy shall provide a minimum of $5,000,000 property and personal liability coverage.
Inspections. The Code Enforcement Officer and/or Town Engineer shall have the right at any reasonable time to enter, in the company of the owner or his agent, the premises on which a solar farm is being or is constructed, to inspect all parts of said solar farm installation and require that repairs or alterations be made if, in his judgment, there exists a deficiency in the operation or the structural stability of the solar farm or any component thereof. If necessary, the Code Enforcement Officer or Town Engineer may order the system corrected, secured or to otherwise cease operation. It shall not be required that the owner or agent be present in the event of an emergency situation involving danger to life, limb or property.
Power to impose conditions. In granting any site plan approval, special use permit approval or variance for a solar farm, the Zoning Board of Appeals or Planning Board, as the case may be, may impose reasonable conditions to the extent that such Board finds that such conditions are necessary to minimize any adverse effect or impacts of the proposed use on neighboring properties and to protect the general health, safety and welfare of the Town.
Decommissioning and removal of solar farm facilities.
The applicant shall agree, in writing to the Town Planning Board, to remove the entirety of the solar farm and all accessory structures and components thereof if the solar farm ceases to be used for its intended purpose for 12 consecutive months. Removal of such obsolete and/or unused solar farm components shall take place within 90 days thereafter. Such agreement shall also include a commitment by the applicant to impose a similar obligation to remove any unused and/or obsolete solar panels upon any person subsequently securing rights to relocate the solar panels. The applicant agreement shall also include its obligation to prepare, no less than 60 days prior to decommissioning commencement, a written decommissioning plan, to be approved by the Town Planning Board. The plan will include among other items, the applicant methods to control soil erosion and stormwater run off during and after decommissioning.
Bond/security. The applicant shall be required to execute and file with the Town Clerk a bond, or other form of security for an initial term of up to and including the entire useful life of the solar farm as determined by and acceptable to the Town Attorney and Engineer, in an amount sufficient for the faithful performance of the terms and conditions of the permit issued under this section, and to provide the decommissioning, removal and restoration of the site subsequent to the removal of the solar farm. The amount of the bond or security shall be no less than 150% of the cost of the removal of the solar panels and restoration of the site, and shall be reviewed and adjusted at five-year intervals. The applicant shall submit, initially and every five years, documented justification, acceptable to the Town Attorney and Engineer, for the bond amount. In the event of a default upon performance of such condition or any of them, the bond or security shall be forfeited to the Town, which shall be entitled to maintain an action thereon. The bond or security shall remain in full force and effect until the complete removal of the solar panels and site restoration is finished acceptable to the Town Attorney and Engineer. The Town Attorney may also require a corporate guarantee to assure compliance with this section.
If the applicant fails to decommission and/or remove the solar farm as provided herein, the failure to do so will result in the Town removing the solar farm and assessing the cost of removal on the property in excess of the forfeited bond, if any, which shall constitute a lien on said property and be collected in the same manner as property taxes.
Fees. Fees for applications and permits under this section shall be established by resolution of the Town Board of the Town of LaFayette. In accordance with the requirements of Chapter 160, Fees, Article I, of the Town Code, it shall be the applicant's responsibility to reimburse the Town for any and all reasonable and necessary legal, engineering and other professional fees incurred by the Town in reviewing and administering an application for a solar farm under this section.
Waiver. The Planning Board or the Zoning Board of Appeals may, under appropriate circumstances, waive one or more of the submission requirements contained herein.