Moreau City Zoning Code
ARTICLE VII
Supplementary Regulations
§ 149-45 Natural production uses.
There may be allowed in any district except the R-1 and W Districts, upon special permit from the Zoning Board of Appeals with recommendations from the Planning Board and subject to such conditions and safeguards as deemed necessary by the Zoning Board of Appeals, the commercial excavation and sale of topsoil, sand, dirt, gravel, clay, shale or other natural mineral deposits or the quarrying of any kind of rock formation.
§ 149-46 Space regulations.
A.
Existing small lots. Notwithstanding the limitations imposed by any other provisions of this chapter, the Board of Appeals may issue a special permit for the erection of a building on any lot separately owned or under contract of sale and containing, at the time of the passage of this chapter, an area or a width smaller than that required for a permitted use. The minimum side yard requirements are reduced in proportion to the reduction of lot width over the specified minimum lot width for the district. This provision applies only where such lot is not adjacent to other property owned by the applicant.
B.
Reduced lot area. No lot shall be so reduced in area that any required open space will be smaller than prescribed in the regulations for the district in which said lot is located. Whenever such reduction in lot area occurs, any building located on said lot shall not thereafter be used until such building is altered, reconstructed or relocated so as to comply with the area yard requirement applicable thereto.
C.
Front yard depth. Notwithstanding the limitations imposed by any other provisions of this chapter, each building hereafter erected may have a front yard equal in depth to the average front yard depth of the building within 100 feet adjacent thereto on either or both sides, but no front yard shall be less than 40 feet [ 30 feet in the R-1] nor need any front yard have a greater depth than required by the district in which it is located. If there exists no building within 100 feet adjacent on one side, the minimum permissible depth shall be the average of the minimum depth for the district in which it is located and the front yard depth on the other adjacent side.
D.
Reduction in rear yards. When a lot is less than the minimum area prescribed for the district in which it is located at the time of passage of this chapter or subsequent amendments thereto which may affect the area requirement of the particular lot, the rear yard may be reduced in proportion to the reduction in lot depth over the specified minimum lot depth for the district. However, no rear yard shall be less than 15 feet in depth, except that an accessory building may be placed no closer than 10 feet to the rear lot line.
E.
Corner lot transition. On every corner lot there shall be provided on the side street a side yard equal in depth to the required front yard depth on said side street. For safety at intersections, corner lots shall not have any structures, plantings or other objects that obstruct the view of traffic on the intersecting street from motor vehicle operators.
§ 149-47 Off-street parking.
A.
The following minimum motor vehicle parking spaces shall be provided and satisfactorily maintained by the owner of the property for each building which, after the date when this chapter becomes effective, is erected, enlarged or altered for use for any of the following purposes. All parking spaces provided pursuant to this section shall be on the same lot with the building, except that the Board of Appeals may issue special permits for the parking spaces to be on any lot within 500 feet of the building if it determines that it is impractical to provide parking on the same lot with the building.
B.
The Zoning Board of Appeals may require additional off-street parking and loading spaces for any use if the Board finds that the following required minimum spaces are not sufficient. The minimum required spaces are as follows:
(1)
Apartment house: a minimum of 1 1/2 parking spaces for each dwelling unit in the building or buildings.
(2)
Auditorium, stadium, theater or other place of public assemblage: a minimum of one parking space for each five seats provided for its patrons, based on maximum seating capacity.
(3)
Boarding home; tourist home; motel; hotel: a minimum of one parking space for each guest sleeping room.
(4)
Restaurant or other eating place: a minimum of one parking space for each five seats, except when it is in a building which provides parking space, in which case the number of places already provided may be taken to be available for the restaurant or other eating place.
(5)
Retail stores: a minimum of one parking space for each 100 square feet of gross store floor area.
(6)
Industrial or manufacturing establishments: a minimum of one parking space for each 400 square feet of gross area or for each three workers, whichever is greater.
(7)
Office building: a minimum of one parking space for each 300 square feet of gross office floor area.
(8)
Funeral home: a minimum of 15 parking spaces per viewing area, plus space for all employee and resident personnel cars.
(9)
Dwelling: a minimum of one parking space for each dwelling unit.
(10)
Physicians', dentists' or surgeons' offices: a minimum of four parking spaces for each physician, dentist or surgeon, plus spaces for all people employed in the building.
(11)
Church or place or worship: a minimum of one parking space for each five seating places in the main assembly room.
(12)
School: a minimum of two parking spaces for each elementary classroom and four parking spaces for each high school classroom. Where the school has an auditorium, the minimum requirement shall be one space per five seats or 60 square feet of seating area where fixed seating is not provided, whichever requirement is greater.
(13)
Public library or museum: a minimum of one parking space for each 200 square feet of gross public building area.
(14)
Club or lodge: a minimum of one parking space for each 100 square feet of gross building area.
§ 149-48 Off-street loading.
A.
At least one off-street loading space shall be provided for each commercial or industrial establishment hereafter erected or substantially altered to have a gross floor area in excess of 5,000 square feet, computed as described below. Space for off-street loading shall be in addition to space for off-street parking.
B.
Each off-street loading space shall be subject to the following minimum requirements:
(1)
Each berth shall be not less than 12 feet wide, 40 feet long and 14 feet in height when covered.
(2)
Off-street loading space (or spaces) located within 50 feet of a residential property shall be shielded by a wall, fencing or other suitable materials which shall serve to screen noise and uncontrolled entrance.
§ 149-49 Hudson River shoreline regulations.
A.
Setbacks. The minimum setback from the mean high-water mark of all principal buildings and accessory structures, other than docks or boathouses, shall be 100 feet in all zones.
B.
Docks. For purposes of this section, a "dock" shall mean any structure, whether affixed or floating, placed in or upon the Hudson River and attached to the shoreline by any means and which provides a berth for watercraft and a means of pedestrian access to and from the shoreline. This shall include boathouses, piers, wharves, crib docks, stake docks, floating docks and all such similar structures. The following criteria shall apply to all docks:
(1)
No dock shall exceed eight feet in width.
(2)
No dock surface area shall exceed 700 square feet.
(3)
Any dock constructed or altered shall maintain a minimum ten-foot setback from adjacent property lines as projected in a straight line from the mean high-water mark to the nearest point of change in direction of said line of more than 2°, plus or minus, in each such adjacent property line.
(4)
A shoreline lot shall be allowed only one dock per 100 linear feet of shoreline frontage.
§ 149-50 Satellite dish antennas.
There may be allowed, upon special permit from the Zoning Board of Appeals, satellite dish antennas located in rear yards, not to exceed nine feet in diameter, securely mounted, with an overall height not to exceed 15 feet.
§ 149-50.1 Telecommunication towers; special use permits.
[Added 4-7-1998 by L.L. No. 4-1998]
A.
Purpose. The purpose of these regulations is to promote the health, safety and general welfare of the residents of the Town of Moreau; to provide standards for the safe provision of telecommunications consistent with applicable federal and state regulations; to minimize the total number of telecommunication towers in the community by encouraging shared use of existing and future towers and the use of existing tall buildings and other high structures; and to minimize adverse visual effects from telecommunication towers by requiring careful siting, visual impact assessment and appropriate landscaping.
B.
Applicability.
(1)
An application to the Planning Board for a special use permit pursuant to Article V of this chapter and this section to construct a telecommunication tower or to collocate on an existing telecommunication tower or tall structure shall be filed with the Building Department upon a form prescribed by the Planning Board. The requisite number of copies of the application shall be established by the Building Department.
(2)
No telecommunication tower, except those approved prior to the effective date of this chapter, shall be used unless in conformity with these regulations. No telecommunication tower shall hereafter be erected, moved, reconstructed, changed or altered unless in conformity with these regulations. Notwithstanding any provisions to the contrary, telecommunication towers or any tall structures which preexist the enactment of these regulations may be utilized for purposes of collocation of antennas upon issuance of a special use permit by the Planning Board.
(3)
These regulations shall apply to all property within M-1, M-2 and CC-1 District as well as all town-owned property within that portion of the R-2 District south of Nolan Road, west to the Hudson River, south to Butler Road and to the east boundary of said R-2 District. Telecommunication towers shall be specifically excluded from all other zones.
(4)
Applicants proposing to collocate on previously approved telecommunication towers or tall structures in an M-1, M-2 or CC-1 District or portion of the R-2 District described above shall require a special use permit in accordance with Article V of this chapter and this section.
(5)
Applications for a building permit for new telecommunication towers shall comply with all federal aviation laws and regulations. A building permit for a new telecommunication tower will only be approved if the proposed tower meets all applicable federal aviation standards.
C.
Shared use of existing tall structures. At all times, shared use of existing tall structures (for example water towers, multistory buildings, church steeples and farm silos) and existing or approved towers shall be preferred to the construction of new towers. An applicant must demonstrate that collocation on an existing tall structure is impossible before construction of a new tower will be approved.
(1)
An applicant proposing to share use of an existing tall structure shall, in addition to a special use permit application, submit:
(a)
A site plan showing all existing and proposed structures and improvements, including antennas, roads, buildings, guy wires and anchors, parking and landscaping, and shall include grading plans for new facilities and roads. Any methods used to conceal the modification of the existing facility shall be indicated on the site plan.
(b)
Written documentation of intent from the owner of the existing facility to allow shared use.
(c)
An engineer's report certifying that the proposed shared use will not diminish the structural integrity and safety of the existing tall structure and explaining what modifications, if any, will be required.
(d)
A completed short environmental assessment form (EAF) and a complete visual EAF addendum.
(e)
A copy of the applicant's FCC license.
(2)
If an applicant proposing to share use of an existing tall structure submits complete and satisfactory documentation in accordance with this subsection, and if modifications indicated according to Subsection C(1)(c) above are deemed insignificant by the Planning Board, and after the Planning Board conducts a public hearing and complies with all State Environmental Quality Review Act (SEQRA) provisions, the Planning Board may grant approval without further review. However, the applicant shall be required to comply with Subsections S and T below. If the Planning Board determines that any modifications indicated according to Subsection C(1)(c) are significant, it may require further review according to Subsections F through R below.
D.
New telecommunication towers.
(1)
The Planning Board may consider issuing a special use permit for a new telecommunication tower when the applicant demonstrates that shared use of existing tall structures and existing or approved towers is impractical.
(2)
An applicant shall be required to present an adequate inventory and report and map of all existing tall structures and existing or approved towers within the proposed towers search ring or a five-mile radius from the proposed site, whichever is greater. The report shall outline opportunities for shared use of existing facilities as an alternative to a proposed new tower. The report shall demonstrate good-faith efforts to secure shared use from the owner of each existing tall structure and existing or approved tower as well as documentation of the physical, technical and/or financial reasons why shared use is not practical in each case. The applicant shall verify, in writing, compliance with this provision.
(3)
The applicant must demonstrate that its proposed telecommunications facility cannot be accommodated on an existing site due to one or more of the following reasons, including:
(a)
The planned equipment would exceed the structural capacity of existing and approved towers or other structures, considering existing and planned use for those facilities.
(b)
The planned equipment would cause radio frequency interference with other existing or planned equipment which cannot be reasonably prevented.
(c)
Existing or approved towers or other structures do not have space on which proposed equipment can be placed so it can function effectively and reasonably.
(d)
The property owner or owner of existing tower or other structure refuses to allow such collocation.
E.
Future shared use of new towers. The applicant shall design a proposed new telecommunication tower to accommodate future demand for reception and transmission facilities. The applicant shall submit to the Planning Board a letter of intent committing the owner of the proposed new tower, and his/her successors in interest, to negotiate in good faith for shared use of the proposed tower by other telecommunication providers in the future. This letter shall be filed with the Building Inspector prior to issuance of a building permit. Failure to abide by the conditions outlined in the letter may be grounds for revocation of the approval. The letter shall commit the new tower owner and his/her successor in interest to:
(1)
Respond within 30 days to a request for information from a potential shared-use applicant.
(2)
Negotiate in good faith concerning future requests for shared use of the new tower by other telecommunications providers.
(3)
Allow shared use of the new tower if another telecommunications provider agrees, in writing, to pay reasonable charges. The charge may include but is not limited to a pro rata share of the cost of site selection, planning, project administration, land costs, site design, construction and maintenance, financing, return on equity, depreciation, measuring, monitoring and reporting requirements and all of the costs of adapting the tower or equipment to accommodate a shared user without causing electromagnetic interference.
F.
Site plan review submission requirements for new telecommunication towers.
(1)
An applicant shall be required to submit a site plan in accordance with Article VI of this chapter. In addition, the site plan shall show all existing and proposed structures and improvements, including roads, buildings, tower(s), guy wires, anchors, antennas, parking and landscaping and fencing, and shall include grading plans for new facilities and roads.
(2)
Supporting documentation. The applicant shall submit a completed long form EAF, a completed visual EAF and documentation on the proposed intent and capacity of use as well as a justification for the height of any tower and justification for any clearing required. The applicant shall also submit a copy of its FCC license.
(3)
All new tower applications shall be deemed Type I actions pursuant to SEQRA.
G.
Lot size and setbacks.
(1)
All proposed telecommunication towers and accessory structures shall be located on a single parcel and shall be set back on all sides from abutting parcels and street lines a distance equal to 50% of the tower height to substantially contain on site all ice-fall or debris from tower failure and preserve the privacy of any adjoining property. Notwithstanding the foregoing, the minimum setback shall be 100% of the tower height when the tower is located on a parcel abutting residentially zoned or used property. All accessory structures shall comply with the minimum setback requirements in the underlying zoning district. The lease of a portion of a larger parcel shall be considered a single parcel for purposes of these regulations.
(2)
Lot size of parcels containing a tower shall be determined by the amount of land required to meet the setback requirements or the minimum lot size of the applicable zone, whichever is greater. If the land is to be leased, the entire area required shall be leased from a single parcel unless the Planning Board determines that this provision may be waived for good cause shown.
H.
Visual impact assessment. An applicant for a new telecommunication tower is required to undertake a visual impact assessment which shall include:
(1)
A "Zone of Visibility Map" in order to determine locations where the proposed tower may be seen.
(2)
Pictorial representations of "before" and "after" views from key viewpoints both inside and outside the town, including but not limited to state highways and other major roads, state and local parks, other public lands, preserves and historic sites normally open to the public, and from any other location where the site is visible to a large number of visitors or travelers. The Planning Board shall determine the appropriate key sites at a presubmission conference with the applicant.
(4)
Assessment of the visual impact of the tower base, guy wires, accessory buildings and overhead utility lines from abutting properties and streets.
I.
New tower design. Alternative designs shall be considered for new towers. The design of a proposed new tower shall comply with the following:
(1)
Any new tower shall be designed to accommodate future shared use by other telecommunications providers.
(2)
Unless specifically required by other regulations, a tower shall have a finish (either painted or unpainted) that minimizes its degree of visual impact. The Planning Board may require the tower to be of camouflage design in order to "disappear" into the background.
(3)
The maximum height of any new tower shall not exceed that which shall permit operation without artificial lighting of any kind or nature, in accordance with municipal, state and/or federal law, rule and/or regulation. The Planning Board, at its discretion, may modify this requirement if the applicant can justify the need to exceed this height limitation, and the burden of proof shall be on the applicant.
(4)
Permanent climbing pegs within 30 feet of the ground are prohibited.
(5)
The Planning Board may request a review of the application by a qualified engineer in order to evaluate the need for, and the design of, any new tower. The cost of this shall be borne by the applicant.
(6)
Accessory structures shall maximize the use of building materials, colors and textures designed to blend with the natural surroundings.
(7)
No portion of any tower or accessory structure shall be used for a sign or other advertising purpose, including but not limited to company name, phone numbers, banners and streamers.
(8)
No outside storage of vehicles, materials or waste is permitted on the site, except for the limited period when the facility is undergoing construction alteration or renovation.
J.
Existing vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible. No cutting of trees exceeding four inches in diameter (measured at a height of four feet above ground) shall take place prior to approval.
K.
Screening. Deciduous or evergreen tree plantings and/or berms may be required to screen portions of the tower and accessory structures from nearby properties as well as from public sites known to include important views or vistas. Where a site abuts residential property or public property, including streets, screening shall be required.
L.
Access. Adequate emergency and service access roads shall be provided. Maximum use of existing access roads is required. Access road construction shall, at all times, minimize ground disturbance and vegetation cutting to within the toe of fill, the top of cuts or no more than 10 feet beyond the edge of any pavement. Access road grades shall closely follow natural contours to assure minimal visual disturbance and soil erosion potential. The Planning Board may impose such additional site control or mitigation measures as it determines appropriate.
M.
Parking. Parking shall be provided to assure adequate emergency and service access. The Planning Board shall determine the location and number of parking spaces.
N.
Fencing. Notwithstanding any other provisions in the Town Code, the tower and all accessory structures shall be adequately enclosed by a fence at least eight feet in height and of a reasonable design but with limited visual impact. This provision may be waived by the Planning Board for good cause shown.
O.
Removal. The applicant shall submit to the Planning Board a letter of intent committing the tower owner, and his/her successors in interest, to notify the Building Department within 30 days of the discontinuance of use of the tower and committing the tower owner and property owner to remove the tower from the site within 120 days. This letter shall be filed with the Building Department prior to issuance of a building permit. Obsolete or unused towers and accessory structures shall be removed from any site within 150 days from the date of discontinuance of use of the tower. Failure to notify and/or to remove the obsolete or unused tower and accessory structures in accordance with this subsection shall be a violation of this chapter and shall be punishable by a fine in the amount of $5,000 for each violation and $5,000 thereafter for each day which the violation continues.
P.
Intermunicipal notification for new towers. In order to keep neighboring municipalities informed, and to facilitate the possibility that an existing tall structure or existing telecommunications tower in a neighboring municipality will be considered for shared use, and to assist in the continued development of county 911 services, the Planning Board shall require that:
(1)
An applicant who proposes a new telecommunication tower shall provide written notification to the legislative body of each municipality that borders the Town of Moreau, the Saratoga County Planning Board and the Director of Saratoga County Emergency Services. Notification shall include the exact location of the proposed tower and a general description of the project, including but not limited to the height of the tower and its capacity for future shared use.
(2)
Documentation of this notification shall be submitted to the Planning Board at the time of application.
Q.
Notification of nearby landowners. The applicant shall be required to mail notice of the public hearings conducted pursuant to Articles V and/or VI of this chapter directly to all landowners whose property is located within 500 feet of the property line of the parcel on which a new tower is proposed. Notification shall also be mailed to the administrator of any state or federal park land from which the proposed tower would be visible if constructed. Notification, in all cases, shall be made by certified mail. Documentation of this notification shall be submitted to the Planning Board prior to the public hearing.
R.
Bonding. The Planning Board shall require the applicant and/or property owner to establish, prior to approval of any application, a performance bond or an irrevocable letter of credit in an amount sufficient to cover the completion of construction of the tower. The amount required shall be determined by the Planning Board based upon the characteristics of the tower and the site. The applicant and/or owner shall cooperate with the Planning Board in supplying all necessary data to the Planning Board prior to approval of any application.
S.
Measurement, monitoring and reporting requirements.
(1)
The applicant and/or owner shall file, or cause to be filed, biannually with the Town Board, written reports on microwave power density, radio frequency (RF) field density, RF signal characterization and frequency and time-interval analyses, as obtained from field measurements as described hereafter. Said reports shall be subject to verification by an independent testing company. The decision for independent verification shall rest solely with the Town Board with the costs borne by the applicant.
(2)
Cobbs Test Protocol. Because wave propagation can be complex, depending on such factors as frequency, power output, nearby structures, topography, conductive materials such as metal water towers, and unexpected couplings with other frequencies from power lines or other radio towers, the Cobbs Test Protocol is recommended. The Cobbs Test Protocol is designed to test various aspects of the ambient background before a tower goes online and again afterward. It is intended to provide a benchmark reading of RF and electromagnetic field (EMF) environmental background for comparison to post-cellular build out levels. This will give the community precise knowledge about the RF and microwave (MW) radiation levels.
Cobbs Test Protocol | ||
Test Modality | Suggested Equipment | |
Microwave power density measured at several locations | HP437B Power Meter with 8542A Thermistor sensor and calibrated horn antenna, or equivalent, to include SWR measurements at each setup | |
RF field density using broad-band survey meter | Holaday Instruments RF Survey Meter with Isotropic Broadband Probe, or equivalent | |
Broad-band spectrum analysis covering the range from 50 Hz to 2.9 GHz | HP 35665A (Low Freq.) and HP 8591A or HP 8560 (VHF to microwave), or equivalent | |
Carrier noise measurement | HP 11729C Carrier noise test set, or equivalent | |
Transmitter test and RF signal characterization; also analyzer to record modulation characteristics of the detected signals | HP 8901A Modulation, or equivalent | |
Frequency and time-interval analysis to graphically illustrate frequency and time and phase interval information | HP 5372A Freq. and time interval analyzer, or equivalent | |
60 Hz electric and magnetic field strength | Holaday Instrument low-frequency measurement system with fiber optic isolation cable and accessories or Combinova low-frequency magnetic field meter with fiber optic probe isolation cable (60 Hz), or equivalent |
(3)
Methods and data collection.
(a)
All tests must be conducted before tower construction or operation, after the system is functional and biannually thereafter.
(b)
All possible antenna configurations and power outputs must be examined.
(c)
Tests must be conducted during normal times of day with other EM sources at normal operation.
(d)
Note all "hot spots" (areas or "nodes" of high local intensity) and "nulls" (areas where fields may be sharply diminished or canceled). A wide-area map shall be prepared that encompasses the normal activities of the population which will be subjected to the exposures. This map will become the template for all subsequent studies.
(e)
The exact coordinates of each test location must be recorded on copies of the map.
(f)
The orientation of each antenna or probe shall (as much as possible) be the same as the initial, and readings of minimums and maximums shall be noted. Wherever possible, isotopic antenna and probes should be used.
(g)
All parameters under test must be referenced to the same coordinates at each test location.
(h)
Measurements must be taken at locations and at heights above ground (or other surfaces).
(i)
Measurements shall not be made within 20 centimeters of any object.
(j)
All equipment must be calibrated regularly by an independent facility with traceable calibration sources. Written documentation of biannual equipment calibration for each piece of equipment shall be provided to the Building Department.
(k)
All test team members must show proof of training on each piece of equipment as well as have familiarity with electric and magnetic field measurement procedures. Written proof shall be provided to the Building Department for each test team member each time the member visits the town to perform measurement testing.
T.
Application to existing telecommunication towers or structures. The provisions of Subsection S, (Measurement, monitoring and reporting requirements), shall apply to all existing telecommunication towers or structures in the town on the effective date of this section, and such existing telecommunication towers or structures shall henceforth be maintained and operated in compliance with the provisions of this section and any amendments thereto.
§ 149-50.2 Regulations for solar energy systems.
[Added 11-14-2024 by L.L. No. 7-2024]
A.
Applicability. The requirements of this section shall apply to all solar energy systems installed or modified after the effective date of this section, excluding general maintenance and repair and building-integrated photovoltaic systems.
B.
Permits and transfers.
(1)
Permit requirement. No solar energy system shall be constructed, reconstructed, moved, or modified as to physical size, location, or placement undertaken in the Town of Moreau, except by first obtaining a building permit from the Town of Moreau Building Department.
(3)
Transfer. The standards of this section and/or the terms or conditions for approval of any solar energy system as approved by the Town Board under the standards of this section shall remain in effect regardless of the transfer of any solar energy system or sale of the entity owning such facility.
C.
Standards for small-scale solar energy systems.
(1)
Location requirements. Small-scale solar energy systems, whether roof-mounted or ground-mounted, are permitted in all zoning districts in the Town.
(2)
Small-scale solar energy systems are permitted as accessory structures and shall not require site plan review.
(3)
All small-scale solar energy systems installed shall be inspected by a qualified electrical inspector prior to use.
(4)
All small-scale solar energy systems require a building permit from the Town of Moreau Building Department.
(5)
All small-scale solar energy systems shall be designed, erected, and installed in accordance with all applicable codes, regulations and standards set forth in this section and any applicable federal, state, county, and local laws, regulations, or codes.
(6)
Standards for roof-mounted small-scale solar energy systems:
(a)
Roof-mounted small-scale solar energy systems are permitted as an accessory use in all zoning districts when attached to any lawfully permitted building or structure.
(b)
Height. Roof-mounted small-scale solar energy systems shall not exceed the maximum height restrictions of the zoning district in which they are located and are provided the same height exemptions granted to building-mounted mechanical devices or equipment.
(c)
Positioning requirements. Roof-mounted small-scale solar energy system installations shall incorporate, when feasible, the following design requirements:
[1]
Panels must be mounted at the same angle as the roof's surface with a maximum distance of 18 inches between the roof and highest edge of the system and may not extend above a line 18 inches below the roof's peak nor below a line on the roof where the building wall would intersect with the roof.
(7)
Standards for ground-mounted small-scale solar energy systems:
(a)
Height requirement. The height of ground-mounted small-scale solar energy systems, regardless of tilt, orientation, or rotation, shall be a maximum of 15 feet.
(b)
Location and positioning requirements:
[1]
Ground-mounted small-scale solar energy systems are prohibited in the side or front yards.
[2]
All components of ground-mounted small-scale solar energy systems shall be located in the rear yard or within a structure, which shall be subject to all provisions outlined in this chapter.
[3]
All components of a ground-mounted small-scale solar energy system are subject to rear and side lot line setback requirements of the zoning district within which they are located.
[4]
Solar panels and mounts of ground-mounted small-scale solar energy systems shall be positioned to minimize shading of property to the north while still providing adequate sunlight access for the panels.
(c)
Solar coverage requirements. Ground-mounted small-scale solar energy systems regardless of the lot size on which they are located are limited to a coverage area of 1,000 square feet or 20% of the lot size; whichever is less. The surface area covered by ground-mounted solar panels shall be included in calculating solar coverage.
(d)
Screening requirements. Ground-mounted small-scale solar energy systems are to be positioned so they are not visible from the view of pedestrians, bicyclists, and motorists on the public right-of-way, and from the view of neighboring property owners. Supplemental berming, grading, planting, and fence installation may be required to further screen the view of the system. Where adequate screening cannot be achieved, a variance shall be required from the Zoning Board of Appeals.
D.
Standards for large-scale solar energy systems.
(1)
Large-scale solar energy systems are only permitted in the Solar Energy Systems Overlay (SESO) District.
(2)
Large-scale solar energy systems shall be constructed pursuant to site plan approval from the Town Board and must meet the criteria set forth below.
(3)
Application and site plan requirements. Applications for a large-scale solar energy system, including materials for site plan review, shall include the following:
(a)
Name, address, contact information, and signature of the applicant.
(b)
Site plan showing the layout of the solar energy system signed by a professional engineer or other licensed professional.
(c)
The capacity of the proposed large-scale solar energy system in megawatts (MW).
(d)
A one- or three-line electrical diagram.
(e)
A boundary survey map prepared by a New York State licensed professional surveyor is to be provided, including the metes and bounds, monumentation, tax map information, property acreage, and easements. Such survey shall show the following:
[1]
North symbol, date and scale.
[2]
The entire parcel(s) of solar property plotted to scale.
[3]
Wetlands and watercourses, if any, and direction of drainage flow.
[4]
Location of planned use or uses; height, length and width of any building or buildings; yard requirements; parking areas and interior road plan, if any.
[5]
Location of existing or proposed site improvements; the accurate placement of all drains, culverts, walls, fences, water and utilities; location and means of sewage disposal; location and size of proposed signs, if any; placement of proposed lighting facilities, if any; the area proposed for various uses for which building is planned; and existing areas of vegetation and trees, including general description.
(f)
If the solar property is to be leased, legal consent between all parties, specifying the use(s) of the land for the duration of the large-scale solar energy system, including, but not limited to, copies of leases and easements.
(g)
Documentation of the major system components to be used, including the solar panels, mounting system, foundation, and inverters, etc. Manufacturer's data sheets/brochures may be used to meet this requirement.
(h)
An operation and maintenance (O&M) plan which shall include measures for maintaining safe access to the large-scale solar energy system, and general procedures for operational maintenance of the large-scale solar energy system.
(j)
A stormwater pollution prevention plan (SPPP) consistent with the requirements of Chapter 120 of the Code of the Town of Moreau shall be required for site plan approval. The SPPP shall meet the performance and design criteria and standards in Chapter 120. The approved site plan shall be consistent with the provisions of Chapter 120.
(4)
Site plan review standards. The Town Board may issue an approval for a large-scale solar energy system located in the proposed Solar Energy System Overlay District if said Board determines the following minimum standards have been satisfied:
(a)
The solar use project coverage for a large-scale solar energy system shall not exceed 60% on a solar property.
(b)
The maximum height for a large-scale solar energy system shall not exceed 20 feet in height above the ground. This height limitation shall not include utility and transmission lines, and associated poles, and which cannot feasibly be placed underground as identified in Subsection D(4)(h) below.
(c)
The minimum setbacks for a large-scale solar energy system shall be 50 feet from the front and rear lot lines and 40 feet from the side lot lines.
(d)
To the greatest extent practicable, a landscaped buffer shall be provided around a large-scale solar energy system and related equipment to provide screening from adjacent properties and roads.
(e)
Lighting of the large-scale solar energy system shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast to minimize impacts to abutting properties.
(f)
Removal of trees and other existing vegetation should be minimized to the greatest extent practical. A vegetative management plan shall be required, detailing development, implementation, and maintenance of native vegetation, to the extent practicable, by providing native perennial vegetation and foraging habitat beneficial to game birds, songbirds, and pollinators.
(g)
Roadways within the site shall not be constructed of impervious materials, and the solar energy system shall be designed to minimize the extent of roadways constructed as well as soil compaction.
(h)
All on-site utility and transmission lines shall, to the extent feasible, be placed underground.
(i)
Large-scale solar energy systems and other facilities shall be designed and located to prevent reflective glare toward any inhabited buildings on adjacent properties and roads. All solar panels used shall have an antireflective coating.
(j)
Large-scale solar energy systems and all related mechanical equipment shall be enclosed by a minimum six-foot-high fence with a self-locking gate.
(k)
A solar energy system to be connected to the transmission utility grid shall provide a letter from the transmission utility company acknowledging the proposed large-scale solar energy system will be interconnected to the grid in order to sell electricity to the transmission utility.
(l)
Signage.
[1]
No signage or graphic content shall be displayed on the large-scale solar energy system except for a sign not to exceed eight square feet which shall be displayed on or near the main access point and shall list the facility name, owner and/or operator, equipment specification information, safety information, and twenty-four-hour emergency contact information.
[2]
A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations. Disconnect and other emergency shutoff information shall be clearly displayed on a light reflective surface.
(m)
Large-scale solar energy systems located on land consisting of MSG 1-4 soils shall be constructed, monitored, and decommissioned in accordance with the NYS Department of Agriculture and Markets' "Guidelines for Solar Energy Projects - Construction Mitigation for Agricultural Lands" and must meet the following criteria:
[1]
The applicant shall hire or designate an environmental monitor (EM) as defined herein and in accordance with definitions provided by the NYS Department of Agriculture and Markets.
[2]
On projects involving 50 or more acres, the EM shall be on-site whenever construction or restoration work requires ground disturbance, as defined herein, and shall notify NYSDAM of project activity.
[3]
Prior to construction activities, soil sampling shall be performed consistent with NYSDAM guidance. A copy of this report shall be filed with the Building Department.
[4]
Stripped topsoil shall be stockpiled and kept separate from other excavated material in accordance with NYSDAM guidelines. Soil stockpile and disposal areas shall be noted on any plans submitted. Changes and additions to stockpile areas shall be allowable based on field conditions and upon consultation with the EM. Confirmation of this change shall require updated plans and certification of need from the EM.
[a]
Stripped soil from permanently converted lands (roadways, etc.) shall be temporarily stockpiled and spread evenly on adjacent agricultural lands within the project LOD, however not to the extent to alter hydrology of the area.
[b]
Stripped topsoil stockpiles shall be considered secured through seeding or mulching, as applicable in accordance with NYSDAM guidance.
[5]
Surface access roads shall be level with adjacent fields. If level road is not feasible, roads should be constructed to allow farm crossing and to restore/maintain original drainage patterns, which may include the usage of culverts or waterbars adjacent to roadways.
[6]
The Town Board, at its discretion, may wish to demand additional requirements, as outlined in the guidelines for Solar Energy Projects - Construction Mitigation for Agricultural Lands, or any subsequent relevant guidance from NYSDAM or any other relevant agency, including Saratoga County, related to this use.
E.
Town Board SESO rezoning standards.
(1)
The Town Board in reviewing the SESO rezoning application for installation and operation of a large-scale solar energy system shall consider the public health, safety, and welfare including the following factors:
(a)
The degree to which the purpose of the proposed large-scale solar energy system is compatible with the Town Comprehensive Plan and the goals for the overall community and neighborhood in which the system is to be located.
(b)
The degree to which the proposed large-scale solar energy system is properly sized for the lot on which the system is to be located and the design of system components have effectively mitigated potential adverse impacts.
(c)
The degree to which the proposed large-scale solar energy system is compatible with the surrounding natural and built environs.
(d)
The degree to which adverse visual impacts have been mitigated with no adverse impact to public health and safety.
(e)
The degree to which the applicant has established the proper authority and permission from the solar property owner to undertake the proposed large-scale solar energy system.
(2)
Following the review of the SESO application, the Town Board may impose conditions related to the above factors to ensure public health, safety and welfare is maintained.
F.
Abandonment and decommissioning.
(1)
All applications for a solar energy system shall be accompanied by a decommissioning plan to be implemented upon abandonment, or cessation of activity, or in conjunction with removal of the solar energy system.
(2)
The decommissioning plan submitted by an applicant shall include the following:
(a)
An estimate of the anticipated operational life of the system.
(b)
Identification of the party responsible for decommissioning.
(c)
The time required to decommission and remove the large-scale solar energy system and any ancillary structures, including non-utility owned equipment, conduit, fencing, roads, and foundations.
(d)
The time required to restore the solar property following removal of the large-scale solar energy system to the condition prior to site development in association with the installation of a solar energy system.
(e)
An estimate of the anticipated cost of decommissioning and removing the large-scale solar energy system, as well as all necessary site restoration, prepared by a qualified professional engineer.
(f)
Plans for updating the decommissioning plan for future modifications.
(g)
For projects decommissioned on MSG 1-4 soils, the EM shall provide monitoring and reporting as outlined in the Guidelines for Solar Energy Projects - Construction Mitigation for Agricultural Lands. Documentation of this observation shall be filed with the Town Building Department.
(h)
The provision of a decommissioning security which shall adhere to the following requirements:
[1]
The deposit, executions, or filing with the Town Clerk of cash, bond, or other form of security reasonably acceptable to the Town Attorney and/or Engineer, shall be in an amount sufficient to ensure the good faith performance of the terms and conditions of the permit issued pursuant hereto regarding decommissioning of the solar energy system, and to provide for the removal of the system and restoration of the site. The amount of the bond or security shall be 115% of the cost of removal and site restoration for the large-scale solar energy system with an escalator of 2% annually for the life of the large-scale solar energy system. The Town Board, at its discretion, shall have the authority to authorize reevaluation of the escalation rate and/or amount of bond. Upon any reevaluation, the Town Board may raise the escalation rate and/or impose an increase to the security amount, based upon review by an engineer or other professional qualified to estimate decommissioning cost estimates.
[2]
In the event of default upon performance of such conditions, after proper notice and expiration of any cure periods, the cash deposit, bond, or security shall be forfeited to the Town. The cash deposit, bond, or security shall remain in full force and effect until removal of the large-scale solar energy system and restoration of the solar property as set forth in the decommissioning plan is completed and approved by the Town.
(i)
Upon cessation of activity of a constructed facility for a period of one year, the Town may notify the owner and/or operator of the facility to implement the decommissioning plan. Within 180 days of notice being served, the owner and/or operator can either restore operation equal to 80% of approved capacity or implement the decommissioning plan, except in the case of any unforeseen circumstance, including weather, causing delay beyond 180 days.
[1]
If the owner/operator fails to fully implement the decommissioning plan within the 180-day time period, except in the case of unforeseen circumstances, including weather, causing delay, beyond 180 days, the Town may at its discretion provide for the restoration of the site in accordance with the decommissioning plan and may recover all reasonable expenses incurred for such activities from the decommissioning bond or security referenced in Subsection F(2)(f), above. In the event the funds available through the decommissioning security are insufficient to fully complete the system's decommissioning, the owner/operator shall reimburse the Town for its related costs and the Town may impose a lien on the property to recover decommissioning costs.
(3)
The Town Board shall approve the decommissioning plan considering the appropriateness of how the decommissioning plan addresses those items outlined in § 149-50.2F(2). The Town Board shall recognize that each project may need a unique time frame for removal and site restoration based on the uniqueness of the proposed project. The owner and operators of a facility shall be responsible for accomplishing this decommissioning within the allotted time unless otherwise agreed upon by the Town Board.
G.
Waiver. Pursuant to the authority of the Town Board granted by NYS Town Law §§ 274-a(5) and 274-b(5), the Town Board may waive certain requirements in this section, subject to appropriate conditions, where special circumstances of a particular solar energy system or solar property make compliance with such requirements inappropriate or where such requirement(s), as applied to the solar energy system or solar property, are not in the interest of public health, safety and general welfare.
H.
Enforcement. Any violation of this solar energy section shall be subject to the same civil and criminal penalties provided for in the zoning regulations of the Town of Moreau.