Mount Morris Town City Zoning Code
ARTICLE VIII
Special Permit Uses
[Amended 9-17-1998 by L.L. No. 3-1998]
§ 48-36 General provisions.
A.
The uses authorized hereinafter in §§ 48-38 through 48-44, 48-44.1, 48-44.2 and 48-44.3 shall be fully subject to site plan review under Chapter 37 of the Code of the Town of Mount Morris. Additionally, said uses shall only be authorized by the issuance of a special use permit because any or all of said uses potentially may be or become inimical to the public health, safety and general welfare of the community if developed or located without due consideration to the existing environmental, social, economic and general conditions of the surrounding properties, neighborhoods and the community in general.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B.
The Town of Mount Morris Planning Board, in accordance with the provisions of § 274-b of the New York State Town Law, shall have the authority to issue special use permits for those uses set forth in §§ 48-38 through 48-44, 48-44.1, 48-44.2 and 48-44.3 of this article, subject to the general conditions and procedures set forth in this section and § 48-37 and also subject to the specific conditions imposed for each respective use.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
An application for special use permit review and approval shall be made in writing on the appropriate forms and shall be filed with the Code Enforcement Officer, who shall forward such application to the Town Planning Board. An application for special use permit review and approval shall be accompanied by an application for site plan approval. Both applications shall follow one review and approval process. An application for a special use permit shall require a public hearing. The hearing shall be combined with a public hearing for preliminary site plan review, if such hearing is required by the Planning Board. An additional fee may be required of the applicant in order to process the special use permit application, and such fee shall be established by the Town Board.
D.
Approval by the Planning Board of any special use permit shall be conditioned upon a finding by the Board, based on information submitted and testimony given by the applicant at the hearing, and referral comments received from the Livingston County Planning Department, that the proposed use, project or development will, as applicable:
(1)
Provide connection to public utility service, including water supply and sewage.
(2)
Provide for adequate refuse disposal.
(3)
Where appropriate, comply with the requirements for provision of future site access via access roads.
(4)
Relate in an adequate and appropriate manner to, and in general be compatible with, the existing land use and development pattern in the immediate area.
(5)
Provide adequate year-round site fire protection services.
(6)
Provide adequate screening of parking areas and outdoor storage areas so as to minimize their visibility from major town thoroughfares.
E.
Approval by the Planning Board of any special use permit shall be conditioned upon a finding by the Board, based on information submitted and testimony given by the applicant at the hearing, and referral comments received from the Livingston County Planning Department, that the proposed project or development will not, as applicable:
(1)
Adversely affect the orderly development and character of the surrounding neighborhood.
(2)
Be a nuisance to the neighboring land uses in terms of the production of obnoxious or objectionable noise, dust, glare, odor, refuse, fumes, vibrations, unsightliness, contamination or other similar conditions.
(3)
Create hazards or dangers to the general public or to persons in the vicinity of the project from fire, explosions, electricity, radiation, crowds, traffic congestion, parking of automobiles or other similar conditions.
(4)
Cause undue harm to or destroy existing sensitive nature features on the site or in the surrounding area, or cause adverse environmental impacts such as significant erosion and/or sedimentation, slope destruction, flooding or ponding of water or degradation of water quality.
(5)
Be compatible with the type, extent and direction of building development and/or the creation of access roads or ingress/egress points for the site and surrounding areas.
(6)
Destroy or adversely impact significant historic and/or cultural resource sites.
(7)
Create disjointed vehicular circulation paths or create vehicular/pedestrian conflicts.
(8)
Provide inadequate landscaping, screening or buffering between adjacent uses which are incompatible with the proposed project.
F.
The Planning Board shall review the application for special use permit approval based on the criteria and considerations listed above as well as any other conditions otherwise set forth in this article. Should the applicant, based on the findings of the Board, fail to meet any one of the criteria or requirements listed above, either because of the basic nature and design of the project or the lack of appropriate mitigating measures, then the request for approval of a special use permit shall be denied. Should the applicant, based on the findings of the Board, meet all of the criteria or requirements listed, either because of the basic nature and design of the project or the inclusion of appropriate mitigating measures, then the request for special use permit approval shall be granted. The Planning Board may approve an application for a special use permit subject to appropriate conditions and/or the inclusion of mitigating measures that will ensure compliance with the criteria and requirements listed above.
G.
In such cases as it appears that periodic reviews of a special use permit are in the best interest of the public health, safety and welfare, the Planning Board is hereby authorized to issue temporary special use permits upon the following conditions:
[Added 8-12-2009 by L.L. No. 2-2009]
(1)
Temporary special use permits shall be issued for periods of not less than one year.
(2)
The Planning Board shall make written findings which identify the particular characteristics of the use which are to be periodically reviewed and set forth the factual basis upon which it determined that the periodic review is necessary to protect the public health, safety and welfare.
(3)
Temporary special use permits shall be renewed upon the completion of the Planning Board's periodic review unless the Planning Board determines that, due to a change in circumstances not foreseeable at the time the permit was originally granted, a renewal of the permit will give rise to harm to the public health, safety and welfare. A continuing failure to comply with any conditions of the temporary special use permit or any other provision of federal, state or local law applicable to the property shall be additional grounds for denying a renewal of the permit. The Planning Board shall issue written findings setting forth the basis for any decision not to renew a temporary special use permit.
H.
In cases where an undue and unnecessary hardship will be caused by the imposition of conditions required by any provision of this article, and the objectives of this article can be accomplished by other means, the Planning Board may waive any unduly burdensome condition, provided that the requirements of § 48-36E are satisfied.
[Added 8-12-2009 by L.L. No. 2-2009]
§ 48-37 Public hearing for special use permit.
The Planning Board shall conduct a public hearing on the special use permit application. Such hearing shall be advertised in the town's official newspaper at least 10 and not more than 30 days before the hearing. Whenever possible, such hearing shall also include and be held in conjunction with any public hearing for site plan review under Chapter 37, if applicable.
§ 48-38 Public utilities.
Public utility uses, such as dial equipment centers, cellular communication towers and substations and rail facilities such as railroad lines, beds, railroad tracks, depots and switching yards, may be permitted in any district with a special use permit. Utility maintenance or service buildings or storage yards may be permitted in the I Industrial District with a special use permit. No special use permit shall be issued unless the Planning Board shall determine that:
A.
The proposed installation in a specific location is necessary and convenient for the efficiency of the public utility system or the satisfactory and convenient provision of service by the utility to the neighborhood or area in which the particular use is to be located.
B.
The designs of any building in connection with such facility conforms to the general character of the area and will not adversely affect the safe and comfortable enjoyment of property rights of the zone in which it is located.
C.
Adequate and attractive fences or other safety devices will be provided.
D.
A buffer strip of 10 feet in width shall be provided around the perimeter of the property.
E.
Adequate off-street parking shall be provided.
F.
All of the area, yard and building coverage requirements of the respective zone will be met.
§ 48-39 Motor vehicle service stations.
Motor vehicle service stations may be permitted in such districts as specified in Article IV of this chapter, provided that the following standards are observed:
A.
In addition to the information required in the special permit application and enumerated in § 48-11 of this chapter, the site plan submitted shall also show the location and number of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth the tanks will be placed below the ground, the number and location of pumps to be installed and the type of structure and accessory buildings to be constructed.
B.
The area and yard specifications for motor vehicle service stations are identified in the schedule.[1]
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
C.
The entire area of the site traveled by motor vehicles shall be hard-surfaced.
D.
Any repair of motor vehicles shall be performed in a fully enclosed building, and no motor vehicle shall be offered for sale on the site. No motor vehicle parts or partially dismantled motor vehicles shall be stored outside of an enclosed building.
E.
No vehicles shall be permitted to be standing or parked on the premises of a motor vehicle service station other than those used by the employees in the indirect or direct operations of the establishment unless they are in care, custody and control of the motor vehicle service station.
F.
Accessory goods for sale may be displayed on the pump island and the building island only. The outdoor display of oil cans and/or antifreeze and similar products may be displayed on the respective island if provided for in a suitable stand or tank.
G.
No motor vehicle service station or public garage shall be located within 500 feet of any public entrance to a church, school, library, hospital, charitable institution or place of public assembly. Such distance shall be measured in a straight line from said public entrance to the lot line nearest said entrance along the street line.
H.
Where a motor vehicle service station abuts a residential zone, it shall be screened by a buffer area no less than 10 feet in depth composed of densely planted evergreen shrubbery, solid fencing or a combination of both which, in the opinion of the Planning Board, will be adequate to prevent the transmission of headlight glare across the zone boundary line. Such buffer screen shall have a minimum height of six feet above finished grade at the highest point of the station. The materials used shall be in keeping with the character of the adjacent residential area. If said shrubbery becomes decayed and fails to provide an adequate screen, the Zoning Officer may direct the property owner to replace said shrubs.
I.
All fuel pumps shall be located at least 20 feet from any street or property line.
J.
In addition to the sign requirements for business uses in the districts, each motor vehicle service station shall be permitted to have one freestanding or pylon sign setting forth the name of the station and the principal products sold on the premises, including company or brand name, insignia or emblem, provided that such sign shall not exceed 20 square feet on either of two sides in area and shall be hung within the property line and no less than 15 feet nor more than 25 feet above the ground.
K.
Service stations may also exhibit one temporary sign located no less than 10 feet inside the property line and specifically setting forth special seasonal servicing of automobiles, provided that such sign does not exceed seven square feet in area.
§ 48-40 Hospitals, nursing homes and health-related uses.
Hospitals, nursing homes and health-related uses may be permitted in such districts as provided for in Article IV, provided that the following standards are maintained:
A.
The proposed use shall meet the area and yard requirements as specified in the schedule.[1]
[1]
Editor's Note: The Zoning Schedule is included as an attachment to this chapter.
B.
A set of plans and a statement setting forth full particulars on the operation of this use is filed in triplicate with the Planning Board.
C.
Off-street parking shall be provided as required in § 48-28F. Adequate buffering and landscaping will be provided as the Planning Board may determine necessary.
D.
One illuminated nonflashing sign, not to exceed 30 square feet in area, may be provided. Such sign shall not be closer than 15 feet to any street or property line.
E.
Sewer and water facilities shall receive approval of the Livingston County Health Department.
§ 48-41 Campgrounds.
Campgrounds may be permitted in the prescribed districts, provided that the following standards are observed:
A.
Plans for sewage disposal and water supply shall receive approval of the New York State Department of Environmental Conservation and/or the Livingston County Health Department.
B.
Campsites shall have a minimum area of 2,500 square feet and a minimum width of 40 feet.
C.
Roadways in the camp shall have a minimum width of 12 feet for one lane and 18 feet for two lanes.
D.
All roadways and public parking areas shall either be paved or dust treated.
E.
There shall be a minimum of one covered garbage receptacle for every two campsites, and no campsite shall be situated farther than 100 feet from a garbage receptacle.
F.
Road curves shall have a minimum radius of 50 feet.
G.
All pedestrian walkways leading to rest rooms or other service buildings shall be lighted.
H.
Natural vegetation shall be retained whenever possible.
I.
Campsites and buildings shall be set back at least 100 feet from a major river or creek and 50 feet from minor creeks.
§ 48-42 Excavation operations.
Excavation operations, including the extraction of sand and gravel and processing or other operations for the preparation of sand and gravel, may be permitted in the prescribed districts of the town, provided that the following conditions and standards are observed:
A.
The minimum lot area for any such use shall be 10 acres. All buildings and excavation operations shall be located or shall occur not less than 100 feet from any street or property line. The Planning Board may require fencing or some similarly effective barrier six feet in height where excavations are to exceed a depth of four feet.
B.
All buildings and structures used in such operations shall be dismantled and removed within 12 months following the termination of the operations. Said removal shall be made at the expense of the operator and shall be a condition of approval of the special use permit.
C.
All equipment used for the excavation of sand and gravel and processing shall be constructed and maintained and operated in such a manner as to eliminate, as far as is practicable, noises and vibrations and dust conditions which are injurious or substantially annoying to all persons living in the vicinity. All operations shall be conducted between the hours of 7:00 a.m. and 6:00 p.m., with no Sunday operations and except in the case of public or private emergency or whenever any reasonable or necessary repairs to equipment are required to be made.
D.
All land which has been excavated must be rehabilitated in accordance with standards set within one year after the termination of operations at the expense of the operator and shall be a condition of the approval of the special use permit. It is further provided that, where an excavation operation has lasted longer than one year, rehabilitation of land in accordance with standards set must be begun and completed within one year's time. The Zoning Officer shall require the operator to cease excavation operations when the above standard is violated until the operator complies. The following conditions shall apply:
(1)
All excavations must either be made to a water-producing depth or graded and backfilled.
(2)
Excavations made to a water-producing depth shall be properly sloped to the waterline, with banks sodded or surfaced with soil of an equal quality to adjacent land area topsoil. Such topsoil required under this section must be planted with trees, shrubs, legumes or grasses upon the parts of such areas where revegetation is possible.
(3)
Excavations not made to a water-producing depth must be graded or backfilled with nonnoxious, nonflammable, noncombustible solid material and in a topographic character which will result in substantial general conformity to adjacent lands. Such grading or backfilling shall be surfaced with a soil equal in quality to that of adjacent land areas and planted with trees, shrubs, legumes and grasses upon the parts of such areas where revegetation is possible.
E.
The Zoning Planning Board may require a performance bond or some other financial guaranty that the conditions of the granting of the special use permit are carried out.
§ 48-43 Mobile home parks.
Mobile home parks may be permitted where applicable in this chapter, provided that the following standards and procedures are adhered to:
A.
Tract requirements.
(1)
The minimum tract size shall be 10 acres.
(2)
A front yard setback of 60 feet shall be observed from the center line of any public road bordering the site to any mobile home in the park.
(3)
A setback of 40 feet shall be observed from any property line, excluding a street line or street center line, to any mobile home in the park.
(4)
A landscape plan shall be prepared and carried out which will assure the Planning Board and Zoning Officer that an appropriate planting of trees and shrubs will be included in the park layout, including screening where necessary.
(5)
The tract shall be located and laid out so that no mobile home shall be closer than 100 feet to any existing single-family detached or two-family dwelling.
(6)
All interior roads shall be properly surfaced to minimize dust and mud and be a width of at least 22 feet.
(7)
Entrances and exits shall be so located to provide a minimum sight distance on the adjacent public road in both directions from the interior road at the point of intersection of not less than 300 feet.
(8)
Each mobile home park shall provide a water reservoir or an approved water supply system for fire-protection use, which shall be certified by the Mount Morris Fire Department.
(9)
Each mobile home park shall set aside 10% of the total acreage of the site as open space and recreation area. A portion of such area shall be set aside and equipped as a playground.
(10)
Pedestrian walkways shall be provided along at least one side of all interior streets having a width of approximately four feet.
(11)
Appropriate streetlighting shall be installed on interior streets with the minimum number of lights being one at each intersection of interior streets with each other, or with abutting public roads, and one at least every 200 feet where such intersections are more than 200 feet apart.
B.
Lot requirements.
(1)
Provided that the mobile home park has provided a County-Health-Department-approved community sewage treatment system, each mobile home lot or site shall have an area of at least 5,000 square feet with a minimum width of 50 feet and a minimum depth of 100 feet.
(2)
No mobile home shall be closer than 30 feet to another mobile home or other structure in the park.
(3)
No more than one mobile home may be placed on any lot or site.
(4)
Each lot or site shall be provided with approved connections for water and sewer in accordance with the regulations of the Livingston County and New York State Departments of Health; electricity; and telephone. All utilities shall be underground.
(5)
A suitable parking pad shall be provided on each lot or site for one mobile home and one automobile.
(6)
Each lot or site shall front on an approved interior street.
(7)
Temporary storage of trash and refuse should be in a manner approved by the Livingston County Health Department.
(8)
No front side yard shall be used for storage.
§ 48-44 Individual mobile homes.
A.
It is not in the interest of the Town of Mount Morris to allow the development of any future individual mobile home sites within the town limits except as defined as approved and permitted mobile home sites in a mobile home park.
B.
To comply with § 48-18B(2) of the Mount Morris Zoning Ordinance, special use permits for mobile homes will be considered only if all of the following conditions are complied with:
(1)
The intended use is limited as a temporary owner-occupied single-family residence during the construction phase of a residential home. Permit duration is not to exceed two years.
(2)
The foundation of the future permanent home is constructed prior to placement of the mobile home on the lot.
(3)
The lot conforms to other zoning requirements and is permitted for an approved sewage disposal system.
§ 48-44.1 Kennels.
[Added 12-21-2000 by L.L. No. 6-2000]
Within any district, the Planning Board may grant a special permit for the operation of a kennel for the treatment, care, boarding or breeding of dogs, provided that:
A.
Buildings and structures shall comply with all setback requirements as defined in Article 48, except that where a residential district adjoins a property line, they shall be at least 50 feet from such lines.
B.
The Planning Board shall require fencing or other suitable enclosures for any facilities located outside of a building and, in addition, may require buffer landscaping for screening purposes.
C.
Such use shall comply in all respects with the requirements of the County Department of Health and such further safeguards as the Planning Board may deem appropriate.
D.
All dogs, which present a nuisance by barking, shall be contained within soundproof buildings between the hours of 8:00 p.m. and 8:00 a.m. each day.
E.
The Planning Board's authority to grant a special use permit to a kennel shall be only upon a consideration of the standards listed in § 48-36E of this chapter, or any other relevant provision of the Town of Mount Morris.
§ 48-44.2 Drive-in establishments.
[Added 8-19-2004 by L.L. No. 2-2004]
A.
The following information shall be submitted as part of the application for site plan approval and the special use permit for drive-in establishments, in addition to that information required in other sections of this chapter.
(1)
The location and dimensions of all structures, including buildings, screened trash areas, fencing and lighting (show direction and level of illumination).
(2)
The location and dimensions of all off-street parking and ingress and egress locations.
(3)
A plan which indicates the building height and roof line, together with detail on exterior materials to be used and lighting to be installed.
B.
All drive-in establishments shall be minimum of 200 feet from other drive-in establishments, which distances shall be computed as follows:
(1)
For drive-in establishments on the same side of the street: 200 feet between the two closest property lines.
(2)
For drive-in establishments on opposite sides of the street: 200 feet measured diagonally between the two closest property corners.
(3)
For four-corner intersections: drive-in establishments may be located on diagonally opposite corners, exclusive of the two-hundred-foot distance requirement.
C.
All drive-in establishments shall provide suitable storage of trash areas which are so designed and constructed as to allow no view of the trash storage from the street, to prevent wastepaper from blowing around the site or onto adjacent properties or public rights-of-way and to permit safe, easy removal of trash by truck or hand.
D.
Access.
(1)
The minimum distance of any driveway to property line shall be 15 feet.
(2)
The minimum distance between driveways on the site shall be 65 feet measured from the two closest driveways' curbs.
(3)
The minimum distance from a driveway into the site to a street intersection shall be 30 feet measured from the intersection of the street right-of-way to the nearest end of the curb radius.
(4)
Drive-in establishments adjacent to or integrated in a shopping center or cluster of commercial facilities shall use the common access with other business establishments in that center.
E.
Exterior lighting proposed for the site shall be planned, erected and maintained so that it will not cast direct light or glare upon adjacent properties or public rights-of-way. The light source shall not be higher than 20 feet.
F.
Drive-in windows must have at least 10 reservoir spaces per window. The spaces must not interfere with internal circulation within the parking area.
§ 48-44.3 Solar farm law.
[Added 2-23-2016 by L.L. No. 1-2016; amended 5-18-2017 by L.L. No. 2-2017; 6-21-2018 by L.L. No. 3-2018]
A.
Definitions. As used in this section, unless the context requires otherwise, the following terms shall have the meanings indicated:
SOLAR COLLECTOR
A device, structure, panel, or part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy.
SOLAR FARM
The use of land where a series of one or more solar collectors are placed in an area on a parcel of land for the purpose of generating photovoltaic power and said series of one or more solar collectors placed in an area on a parcel of land collectively has a nameplate generation capacity of greater than 26 kilowatts (kW) direct current (dc) or more when operating at maximum efficiency.
B.
Purpose. The requirements of this section are established for the purpose of allowing the development of solar farms in the Town and to provide standards for the placement, design, construction, operation, monitoring, modification, and removal of these systems.
C.
Applicability. The standards found in this section are applicable to "solar farms" as defined in § 48-44.3A above and shall supersede the environmental regulations and performance standards in Chapter 19 of the Town Code that are applicable to other nonresidential uses. The term "solar farm" shall not be construed to include, so as to prohibit, or have the effect of prohibiting, the installation of a solar collector that gathers solar radiation as a substitute for traditional energy for water heating, active space heating and cooling, passive heating, or generating electricity for a residential property. The term "solar farm" shall also not be construed in such a way as to prohibit the installation or mounting of a series of one or more solar collectors upon the roofs of residential and/or commercial structures regardless of whether the said series of one or more solar collectors collectively has a total nameplate generation of at least 15 kilowatts (kW) direct current (dc) or more when operating at maximum efficiency.
D.
Zoning.
(1)
Notwithstanding anything to the contrary in §§ 48-18 and 48-20; solar farms are allowed in all zoning districts of the Town subject to special use permit requirements; provided, however, if the Town has an Agricultural and Farmland Protection Plan, then no solar farm shall be permitted on any prime farmland, as designated in such plan. Special use permit applications shall contain the following:
(a)
Blueprints or drawings of the solar photovoltaic installation signed by a licensed professional engineer showing the proposed layout of the system and any potential shading from nearby structures.
(b)
Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation, or structures.
(c)
A description of the solar farm facility and the technical reasons for the proposed location and design shall be prepared and signed by a licensed professional engineer.
(d)
Verification that the solar farm will be constructed and operated in compliance with all applicable federal and state standards.
(e)
Stamped drawings signed by a licensed professional engineer.
(f)
One of three line electrical diagrams detailing the solar farm layout, solar collector installation, associated components, and electrical interconnection methods, with all National Electrical Code-compliant disconnects and overcurrent devices.
(g)
Documentation of the major system components to be used, including the PV panels, mounting system, and inverter.
(h)
An operation and maintenance plan which shall include measures for maintaining safe access to the installation, stormwater controls, as well as general procedures for operational maintenance of the installation.
(i)
Information on noise (inverter) and reflectivity/glare of solar panels, and identification of potential impacts to abuttors.
(j)
Certification as to the existing soil classifications for the soil at the proposed development site as provided by the current United States Department of Agriculture Natural Resource Conservation Services Web Soil Survey, or as provided by such other state or local governmental agency maintaining official records of local soil classifications.
(k)
The provisions of this Subsection D(1) shall not apply where the owner of property designated as prime farmland establishes to the Code Enforcement Officer that such property does not contain any prime soils, as defined by the New York State Department of Agriculture.
[Added 9-19-2019 by L.L. No. 1-2019]
(2)
The standards found in this section are applicable to "solar farms" as defined in § 48-44.3A above and shall supersede the general standards applicable to special use permits for other uses under the Town's zoning laws. Notwithstanding the foregoing, solar farms shall be fully subject to site plan review under Chapter 37 of the Code of the Town of Mt. Morris and any attorney fees incurred by the Town for the review of the special use permit and site plan application shall be paid by the applicant.
E.
Minimum requirements. In any district requiring a special use permit for a solar farm, the development shall conform to the following standards which shall be regarded as minimum requirements:
(1)
All ground-mounted panels shall not exceed 12 feet in height.
(2)
All mechanical equipment on a solar farm, including any structure for batteries or storage cellars, are completely enclosed by a fence with a self-locking gate with a height that matches or exceeds the fence height requirements contained in the NFPA 70 standard. Notwithstanding the foregoing, the Planning Board has the discretion to lower the required minimum fence height for a solar farm.
[Amended 9-19-2019 by L.L. No. 1-2019]
(3)
The installation of a vegetated buffer to provide year-round screening of the system is required along a public right-of-way and, if a solar array or appurtenant structures, including but not limited to equipment shelters, storage facilities, transformers and substations, will be in the field of view from a residence on an adjoining property, along such field of view. Installed vegetation must be at least two feet in height at the time of planting.
(4)
Because of neighborhood characteristics and topography, the Planning Board shall examine the proposed location on a case-by-case basis in order to ensure no detrimental impact to Town residents, businesses, or traffic.
(5)
All solar energy production systems are designed and located in order to prevent reflective glare toward any habitable buildings, as well as streets and rights-of-way.
(6)
All on-site utility and transmission lines are, to the extent feasible, placed underground.
(7)
The installation of a clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.
(8)
All solar collectors shall have a 100-foot setback in the front from the center line of the highway and twenty-foot setbacks from the sides and the back unless there exist abutting residential uses, in which case all such components shall be a minimum of 200 feet from any principal residential structures that are off-site, deviation from which requires an area variance. The foregoing side and back setback requirements shall not apply to adjacent participating parcels regarding the placement of solar collectors and their related components in relation to other solar collectors and their related components located in an adjacent participating parcel.
[Amended 9-19-2019 by L.L. No. 1-2019]
(9)
Lighting of solar farms shall be consistent with state and federal law. Lighting of appurtenant structures shall be limited to that required for safety and operational purposes and shall be reasonably shielded from abutting properties. Where feasible, lighting of the solar photovoltaic installation shall be directed downward and shall incorporate full cutoff fixtures to reduce light pollution.
(10)
A sign is required that identifies the owner and operator with an emergency telephone number where the owner and operator can be reached on a twenty-four-hour basis. There shall be no other signs except announcement signs, such as "no trespassing" signs or any signs required to warn of danger.
(11)
There shall be a minimum of one parking space to be used in connection with the maintenance of the solar photovoltaic facility and the site. Such parking space shall not be used for the permanent storage of vehicles.
F.
Additional conditions.
(1)
The solar farm owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the local fire chief. Upon request, the owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the solar farm shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation. A Knox-Box® shall be required for access by the local fire department.
(2)
No solar farm shall be approved or constructed until evidence has been given to the Planning Board that the utility company that operates the electrical grid where the installation is to be located has been informed of the solar farm owner's or operator's intent to install an interconnected customer-owned generator.
(3)
A solar farm owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the local fire chief and emergency medical services. The owner or operator shall be responsible for the cost of maintaining the solar farm and any access road(s), unless accepted as a public way.
G.
Decommissioning/removal. All applications for a solar farm shall be accompanied by a decommissioning plan to be implemented upon abandonment and/or in conjunction with removal of the installation. Prior to removal of the solar farm, a permit for removal activities shall be obtained from the Code Enforcement Officer. Notwithstanding the foregoing, projects regulated under Article 10 of the PSL shall be subject to the decommissioning requirements set forth in 16 NYCRR 1001.29. For all other solar farms subject to regulation under this section, the decommissioning plan shall include the following provisions:
(1)
The owner, operator, or his/her successors in interest shall remove any ground-mounted solar collectors which have reached the end of their useful life or have been abandoned. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the Town Code Enforcement Officer by certified mail of the proposed date of discontinued operations and plans for removal.
(2)
Physical removal of all ground-mounted solar collectors, structures, equipment, security barriers, feeders and branch circuit wiring from the site.
(3)
Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.
(4)
Stabilization or revegetation of the site as necessary to minimize erosion. The Planning Board may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.
(5)
Absent notice of a proposed date of decommissioning and written notice of extenuating circumstances, the solar farm shall be considered abandoned when it fails to operate for more than one year without the written consent of the Planning Board ("abandonment"). If the owner or operator of the solar farm fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the Town may enter the property and physically remove the installation.
(6)
Upon the decommissioning of the project and removal of all equipment, the soils at the site shall be restored to the condition and classification that existed prior to the construction of the project, or, if the Town has an Agricultural And Farmland Protection Plan, that is in compliance with such plan, and in connection with § 48-44.3G(4) above, except where the underlying fee owner of the land requests otherwise, as specified in the project application pursuant to Town Code § 48-44.3D(1)(j).
(7)
Letter of credit or other form of security.
[Added 9-19-2019 by L.L. No. 1-2019]
(a)
As part of the decommissioning plan, the owner or operator of solar farm shall provide the Town with an irrevocable standby letter of credit or other form of security reasonably acceptable to the Town attorney, which shall be in an amount sufficient to ensure the good faith performance of the terms and conditions of the permit issued pursuant hereto and to provide for the removal and restorations of the site subsequent to removal. The amount of the letter of credit or other security shall be in the amount of 100% of the cost of removal of the solar farm and restoration of the property, which shall be renewed every five years. Delivering of the letter of credit to the Town shall occur prior to the commencement of operations.
(b)
In the event of default upon performance of such conditions, after proper notice and expiration of any cure periods, the letter of credit or other security shall be forfeited to the Town, which shall be entitled to maintain an action thereon. The letter of credit or other security shall remain in full force and effect until restoration of the property as set forth in the decommissioning plan is completed.
(c)
In the event of default or abandonment of the solar farm, the system shall be decommissioned as set forth in this Subsection G.
H.
Costs of decommissioning/removal. The operator of an installation and the owner of the real property on which such installation is located shall be jointly and separately liable for all costs and expenses of the Town incurred during and relating to the removal of an installation under § 48-44.3G(5). Notwithstanding the foregoing, the Town shall first attempt to secure payment for such costs and expenses from the operator of the installation; however, in the event the Town is not made whole following reasonable attempts to collect such costs and expenses from the operator of the installation, the Town reserves all rights under the Code to pursue payment for such costs and expenses from the owner of the real property on which the installation in question is located.
I.
The invalidity of any clause, sentence, paragraph, or provision of this section shall not invalidate any other clause, sentence, paragraph, or part thereof.
J.
All local laws or ordinances or parts of local laws or ordinances in conflict with any part of this section are hereby repealed.
K.
For projects regulated under Article 10 of PSL, any provisions of this section that conflict with Article 10 of PSL shall be read to mean that the provisions of Article 10 of PSL shall apply.
L.
This section shall take effect upon filing in the office of the New York State Secretary of State.
M.
Owners and operators of solar farms are encouraged to permit secondary use of the real property where such solar farms are located with respect to grazers and pollinators.
[Added 9-19-2019 by L.L. No. 1-2019]
N.
In the construction, restoration, monitoring, development and operation of solar farms, owners and operators thereof will adhere to the following agricultural mitigation guidelines:
[Added 9-19-2019 by L.L. No. 1-2019]
(1)
An environmental monitor, hired and paid for by the owner or operator, shall be on site whenever construction or restoration work is occurring on agricultural land and shall coordinate with the New York State Department of Agriculture and Markets, Division of Land and Water Resources with the purpose of developing an appropriate schedule for inspections, to assure that this section is being met.
(2)
In all cases, the environmental monitor shall contact the New York State Department of Agriculture and Markets, Division of Land and Water Resources, if farm resource concerns, management matters pertinent to the agricultural operation, and site-specific implementation conditions found in these guidelines, cannot be resolved.
(3)
The owner and operator of the solar farms shall comply with the following:
(a)
Construction requirements.
[1]
The surface of access roads constructed through agricultural fields must be level with the adjacent field surface.
[2]
Culverts and waterbars must be installed to maintain natural drainage patterns.
[3]
Strip all topsoil from agricultural areas used for vehicle and equipment traffic, parking, and equipment laydown and storage areas. Limit all vehicle and equipment traffic and parking to the access road and/or designated work areas, such as laydown areas.
[4]
When an open trench is required for cable installation, topsoil stripping from the entire work area will be necessary. Stockpile topsoil stripped from work areas (parking areas, electric cable trenches, along access roads) separate from other excavated material (rock and/or subsoil). At least 50 feet of temporary workspace is needed along "open-cut" electric cable trenches for proper topsoil segregation. All topsoil will be stockpiled immediately adjacent to the area where stripped/removed and shall be used for restoration on that particular site. Clearly designate topsoil stockpile areas in the field and on construction drawings.
[5]
Interconnect cables must be buried in agricultural fields wherever practicable. Interconnect cables and transmission lines installed above ground must be located outside field boundaries wherever possible. When aboveground cables and transmission lines must cross farmland, minimize agricultural impacts by using taller structures that provide longer spanning distances and locate poles on field edges to the greatest extent practicable.
[6]
All buried electric cables in cropland, hayland and improved pasture must have a minimum depth of 48 inches of cover. In unimproved grazing areas and land permanently devoted to pasture, the minimum depth of cover must be 36 inches. In areas where the depth of soil over bedrock ranges from zero to 48 inches, the electric cables must be buried entirely below the top of the bedrock or at the depth specified for the particular land use, whichever is less. At no time shall the depth of cover be less than 24 inches below the soil surface.
[7]
When buried electric cables alter the natural stratification of soil horizons and natural soil drainage patterns, rectify the effects with measures such as subsurface intercept drain lines. Consult the local Soil and Water Conservation District concerning the type of intercept drain lines to install to prevent surface seeps and the seasonally prolonged saturation of the cable installation zone and adjacent areas. Install all drain lines according to Natural Resource Conservation Service standards and specifications. Drain tile must meet or exceed the AASHTO M252 specifications.
[8]
Remove all excess subsoil and rock from the site. On-site disposal of such material is only allowed if approved by the owner.
[9]
Construct temporary or permanent fences around work areas to prevent livestock access, consistent with landowner agreements.
[10]
Pick up all pieces of wire, bolts, and other unused metal objects and properly dispose of as soon as practical to prevent mixing with any topsoil.
[11]
Excess concrete will not be buried or left on the surface in active agricultural areas. Concrete trucks will be washed outside of active agricultural areas.
[12]
Any permits necessary for disposal under local, state and/or federal laws and regulations must be obtained by the contractor, with the cooperation of the owner when required.
(b)
Restoration requirements.
[1]
All agricultural areas temporarily disturbed by construction must be decompacted to a depth of 18 inches with a deep ripper or heavy-duty chisel plow. Soil compaction results must be no more than 250 pounds per square inch (PSI) as measured with a soil penetrometer. In areas where the topsoil was stripped, soil decompaction must be conducted prior to topsoil replacement. Following decompaction, remove all rocks four inches and larger in size from the surface of the subsoil prior to replacement of the topsoil. Replace the topsoil to original depth and reestablish original contours where possible.
[2]
Remove all rocks four inches and larger from the surface of the topsoil. Subsoil decompaction and topsoil replacement must be avoided after October 1. If areas are to be restored after October 1, necessary provision must be made to restore and/or reseed any eroded or poorly germinated areas in the springtime to establish proper growth.
[3]
Regrade all access roads to allow for farm equipment crossing and to restore original surface drainage patterns, or other drainage pattern incorporated into the design.
[4]
Seed all restored agricultural areas with the seed mix specified by the owner, in order to maintain consistency with the surrounding areas.
[5]
Repair all surface or subsurface drainage structures damaged during construction as close to preconstruction conditions as possible, unless said structures are to be removed as part of the project design. Correct any surface or subsurface drainage problems resulting from construction of the solar energy project with the appropriate mitigation as determined by the environmental monitor, Soil and Water Conservation District and the Landowner.
[6]
On affected farmland, postpone any restoration practices until favorable (workable, relatively dry) topsoil/subsoil conditions exist. Restoration must not be conducted while soils are in a wet or plastic state of consistency. Stockpiled topsoil must not be regraded and subsoil must not be decompacted until plasticity, as determined by the Atterberg field test, is adequately reduced. No project restoration activities shall occur in agricultural fields between the months of October through May unless favorable soil moisture conditions exist.
[7]
Following restoration, remove all construction debris from the site.
(c)
Monitoring and remediation.
[1]
The owner or operator shall provide a monitoring and remediation period of no less than 365 days following the date upon which the project achieves commercial operation. The one-year period allows for the effects of climatic cycles, such as frost action, precipitation and growing seasons, to occur, from which various monitoring determinations can be made. The monitoring and remediation phase is used to identify any remaining agricultural impacts associated with construction that are in need of mitigation and to implement the follow-up restoration.
[2]
General conditions to be monitored include topsoil thickness, relative content of rock and large stones, trench settling, crop production, drainage and repair of severed subsurface drain lines, fences, etc.
[3]
Topsoil deficiency and trench settling shall be mitigated with imported topsoil that is consistent with the quality of topsoil on the affected site. Determine excessive amounts of rock and oversized stone material by a visual inspection of disturbed areas as compared to portions of the same field located outside the construction area. Remove and dispose of all excess rocks and large stones.
[4]
When the subsequent crop productivity within affected areas is less than that of the adjacent unaffected agricultural land, the owner or operator as well as other appropriate parties, must determine the appropriate rehabilitation measures to be implemented.
(d)
Notwithstanding anything else contained herein, the provisions of this Subsection N may be waived by the Code Enforcement Officer upon a showing of hardship by the property owner or operator to the complete and sole satisfaction of the Code Enforcement Officer.