Penfield City Zoning Code
ARTICLE XV
Miscellaneous Provisions
§ 250-15.1 Amendments.
Purpose. This chapter may be amended by changing the boundaries of districts or by changing any other provision thereof, whenever the public necessity and convenience and the general welfare require such amendment, by following the procedures of this article.
Application for an amendment. A property owner(s) or his/her agent(s) may initiate a request for an amendment to this chapter by filing an application with the Town Clerk using forms provided for such requests by the Town. Such application shall be accompanied by a legal description and a map of the property or properties to be rezoned, and a filing fee as required in the Town's fee schedule established by resolution by the Town Board.
Public hearing on amendment. A public hearing shall be held by the Town Board before an amendment is permitted. Notice of said hearing shall be provided as required in § 250-15.4 of this article.
Referral to Planning Board. The Town Board shall refer an application(s) for a zoning amendment to the Planning Board for review and recommendation.
Records of amendments. The Town Clerk shall maintain separate files and records of each amendment to the map of this chapter, which shall be open to public inspection upon request.
§ 250-15.2 Fees.
Fees shall be collected by the Town Clerk upon the filing of an application. Such fees shall be as established by resolution by the Town Board and are not refundable.
§ 250-15.3 Engineering review fee.
An engineering review fee shall be paid by any applicant or his/her agent whenever the services of the Town Engineer are required to review sketches, plats or plans submitted to any board of the Town, the Planning Department, Department of Public Works, Highway Department, or the Department of Sewers and Sanitation. Such fee shall apply to all types of building and development, and to all of the districts, and to all of the proceedings of any board of the Town of Penfield, where the services of the Town Engineer are required to review sketches, plats or plans on behalf of the Town or any of its boards or departments. The payment of such fee shall be a prerequisite to any such review.
The engineering review fee, based on the number of units, shall be established by resolution by the Town Board.
Payment.
When the Town Engineer is required to review in two stages (preliminary and final), then the applicant or his/her agent shall pay 1/2 of the engineering review fee upon submission for preliminary review of such sketches, plats, or plans, and 1/2 of the fee upon submission for final review.
When the sketches, plats or plans are able to be reviewed as a one-stage review by the Town Engineer, then the required fee shall be paid in full, as heretofore directed, before any board, department or officer of the Town shall grant final approval for building permits.
§ 250-15.4 Notice of public hearing; neighbor notification.
When the Town Board, Planning Board, Zoning Board of Appeals or Historic Preservation Board is required to hold a public hearing, as provided for in this chapter or elsewhere by law, notice of the hearing shall be given pursuant to the provisions of Town Law § 264.
Fees collected by the Town Clerk upon the filing of an application shall pay for the Town’s neighbor notification procedures. Such neighborhood notification procedures shall be as established by resolution by the Town Board for the purpose of notifying interested parties through a variety of media outlets to include, but not be limited to, website posting, post card mailings, and sign posting on the subject property. Implementation of the neighborhood notification policy is the responsibility of the Town department to which the application was made.
§ 250-15.5 Limitation on new applications.
In a case where an application is denied by the board having jurisdiction, unless specifically stated to be without prejudice, that application shall not be eligible for resubmission for a period of one year from the date of said denial unless, in the opinion of the board having jurisdiction, new evidence is submitted or conditions have significantly changed to an extent that further consideration is warranted.
§ 250-15.6 Essential services.
Nothing in this chapter shall prohibit the provision of essential services, provided the installation of such service does not violate any other applicable provision of this chapter. Nothing in this section shall be construed to permit the erection, construction, or enlargement of any aboveground structures, except utility poles and wires and such facilities as otherwise permitted in this chapter.
§ 250-15.7 Temporary uses.
Nothing in this chapter shall prevent the use of a travel trailer, mobile home, or other similar mobile structures, in any district except a floodplain district, as a temporary construction field office for a period not to exceed the period of construction; provided, however, such structure is not used for overnight sleeping accommodations and adequate arrangement for sanitary facilities are made; and provided, further, that the temporary field office has been verified as such and conforming to this chapter by the authorized official.
§ 250-15.8 Order to abate violation.
Upon the determination by the authorized official that there has been a violation of any provision of this chapter, the authorized official shall deliver or mail to the holder of any permit issued under this chapter, or if no such permit has been issued, then to the owner and/or the person occupying the land where the violation shall have occurred, an initial order, in writing, directing that the conditions specified therein be corrected within 30 days after the delivery of such order.
§ 250-15.9 Penalties for offenses.
Any person, firm, company or corporation who or which shall omit, neglect or refuse to do any act required by this chapter, or who or which shall omit, neglect or refuse to do any act or condition imposed by the Town Board, Zoning Board of Appeals or the Planning Board, or who or which shall build any structure contrary to the plans or specifications submitted to the authorized official and certified by him/her as complying with this chapter, shall be subject to enforcement and penalties as follows:
For conviction of a first offense, a fine of not more than $350 or imprisonment not to exceed 15 days, or both.
For conviction of a second offense, both of which were committed within a period of five years, a fine of not less than $350 nor more than $700, or imprisonment not to exceed 15 days, or both.
For conviction of a third or subsequent offenses, all of which were committed within a period of five years, a fine of not less than $700 nor more than $1,000, or imprisonment not to exceed 15 days, or both.
Each and every week that a violation of any of the provisions of this chapter continues after written notice shall have been delivered or mailed to the person in violation of this chapter shall constitute a separate violation. In addition to the remedies set forth, the Town Board may institute an appropriate action to proceed to abate any violation of the provisions of this chapter or to compel compliance therewith.
Any person, firm, company or corporation who or which shall fail to acquire any permit or license herein required within 30 days of the time that said permit or license should have been acquired under this chapter shall pay to the Town Clerk, before the issuance of any said permit or license, a sum equal to three times the fee set for the issuance thereof.
§ 250-15.10 Assessment of charges.
In order to secure compliance with this chapter and to protect and preserve public health, safety and welfare, the Town Board shall have the power to perform work, labor and services as required of persons under this chapter and to add the cost thereof to the Town tax bill applicable to the property where such is performed, pursuant and subject to the terms and conditions of this section.
Upon inspection by the authorized official and subsequent to the service of an order to abate violation as set forth in § 250-15.8 of this chapter, the authorized official may report to the Town Board in writing his/her findings and recommendations regarding any act or acts required of any person, firm, company or corporation who or which shall have omitted, neglected or refused to do any such act required of him/her pursuant to this chapter.
The Town Board shall thereafter consider such report and shall by resolution determine, if in its opinion such report warrants, that such act or acts shall, in the interest of public health, safety or welfare, be performed and may order that such be performed. Such resolution and order shall contain the following:
A description of the subject premises and/or structure;
A statement of the particular act or acts required of the person, firm, company or corporation, or its agent or person in control thereof;
A statement that such act or acts shall commence within 10 days after service of the order and be completed within a reasonable time thereafter as the Town Board may specify, which may (for good cause shown) be extended by the Town Board;
A date, time and place for a public hearing before the Town Board on the act or acts required by its order, which hearing shall not be scheduled less than five business days from the date of service of the resolution and order; and
A statement that, in the event of the neglect or refusal to comply with the Town Board order, the Town Board shall undertake to cause the same to be performed and that the costs incurred in so doing shall be levied as a special charge against the property where said is performed.
A certified copy of the resolution and order adopted by the Town Board pertaining to said act or acts required shall be:
Served upon the owner, agent or person in control of the property where such act or acts shall be performed, in the same manner as prescribed for the service of a summons pursuant to the Civil Practice Law and Rules;
Posted upon the property where such act or acts are to be performed; and
Filed in the office of the Monroe County Clerk.
In the event of the refusal or neglect of the person so notified to comply with said resolution and order of the Town Board, and after a hearing, the Town Board shall provide for the required act or acts to be done by Town employees or by contract. Any contract for such act or acts in excess of $5,000 shall be awarded by competitive bid.
After completion by the Town of the required act or acts, the Town shall submit by mail, to the person and address as shown in the records of the Town Assessor of the owner of the property where such shall have been performed, an itemized statement which shall specify the act or acts performed, the provider of such, the cost thereof, and a reasonable charge by the Town for administration thereof (including but not limited to the cost of publication, service of process, engineering and legal fees, interest charged at the specified rate permitted for judgments, and the like). If after a reasonable period of time said charge remains unpaid, the Town Board shall pass a resolution assessing the same as a special charge and directing the Assessor to add said charge to the Town tax bill of the property owner in the same manner as provided in Article 15 of the Town Law for the assessment of special charges.
§ 250-15.11 Renewable energy systems.
[Added 1-8-2025 by L.L. No. 1-2025]
Purpose and intent; applicability; conflicts with other provisions. The purpose of these Renewable Energy Systems (RES) provisions is to encourage sustainable practices and promote safe, effective, and efficient use of renewable energy that may reduce consumption of non-renewable energy. The regulations contained in this section are intended to encourage renewable energy systems in a way that promotes the health, safety, and welfare of the public and is compatible with surrounding land uses.
Applicability. The regulations outlined in this section shall conform with the provisions of this section and shall be located only in areas specifically permitted in accordance with the provisions of Chapter 250.
Conflicts with other local, state, and federal provisions.
In instances where there are any provisions in the Code of the Town of Penfield (Penfield Town Code) that conflict with the regulations set forth in this section, the regulations contained in this section shall prevail.
In instances where the provisions in this section conflict with state or federal laws, the applicable state or federal law shall prevail.
General requirements. The following requirements apply to any RES included herein.
For any RES that is subject to site plan review, the Town of Penfield shall impose and may update as appropriate a schedule of fees to recover expenses associated with engineering, environmental, or legal services determined to be reasonably necessary for the processing of an application under this law.
A building permit is required for the installation, addition, renovation, or demolition of any RES in which electrical wiring is installed, altered or repaired on systems operating on 50 or more volts.
Any RES shall be designed, erected, and installed in accordance with all applicable codes, regulations, and industry standards including, but not limited to, the NYS Uniform Fire Prevention and Building Code ("Building Code"), the NYS Energy Conservation Code ("Energy Code"), and the Penfield Town Code, as amended or changed.
For any project requiring a site plan, prior to the issuance of the building permit or final approval by the Planning Board, construction and/or site plan documents must be signed and stamped by a NYS licensed professional engineer or NYS registered architect.
Lot coverage. Lot coverage shall comply with the overlying zoning district.
Abandonment and decommissioning.
Upon abandonment, the owner and/or operator must notify the Building Department and indicate the timeline to update and/or implement the site's decommissioning plan.
Decommissioning plans are required for Tier 3 SES, principal use WES, principal use BESS, and EVCS Tier 3.
The decommissioning plan must be completed within 12 months of notification.
If the owner and/or operator fails to comply with decommissioning upon any abandonment, the Town of Penfield may, at its discretion, utilize the bond and/or security to remove the RES and/or restore the site in accordance with the decommissioning plan.
Solar energy system (SES).
Intent. A solar energy system (SES) takes advantage of a safe, abundant, renewable, and nonpolluting energy source. These regulations support local, state, and federal renewable energy goals and provide guidelines that will encourage the development and use of solar energy systems in a way that promotes the health, safety, and welfare of the public and is compatible with surrounding land uses.
Applicability. This section applies to any SES installed and constructed after the effective date of this section. It applies to any upgrade, modification, or structural change that alters the physical size, electric generation capacity, location, or placement of an existing SES, except for repairs or in-kind replacement of equipment.
General requirements.
Glare. All solar panels shall have anti-reflective coating(s).
When reviewing proposed development applications on sites adjacent to an existing SES, the board having jurisdiction shall consider how the proposed development will impact the existing system's access to sunlight. When reviewing a proposed SES, the board having jurisdiction shall consider impacts to future development on adjacent lots.
Components of an SES that are attached to the side of a building are prohibited unless such components are designed as a building-integrated SES.
Tier 1 solar energy systems. Tier 1 SES are permitted in all zoning districts and are exempt from site plan review under the local zoning code or other land use regulation, subject to the following:
Solar panels on pitched roofs shall be mounted with a maximum distance of eight inches between the roof surface and the highest edge of the system.
Solar panels on pitched roofs shall be installed parallel to the roof surface on which they are mounted or attached.
Solar panels installed on pitched roofs shall not extend above the highest point of the roof surface on which they are mounted or attached.
Solar panels installed on flat roofs shall not extend above the top of the surrounding parapet, or more than 24 inches above the flat surface of the roof, whichever is higher.
Height. A roof-mounted SES shall be considered exempt from the height limitation, as set forth in § 250-7.4.
Any building-integrated SES that is proposed to be installed in conjunction with the construction of a new building shall be included on the construction documents submitted with the building permit application for the construction of the building containing the system.
Tier 2 solar energy systems. Tier 2 SES are permitted in all zoning districts as accessory structures and a site plan is required. The site plan shall be subject to administrative review by the Planning and Engineering Department and meet the following requirements:
Location. Installation of any ground-mounted SES shall only be permitted in the side or rear yards. On corner lots, an SES may not be located closer to the right-of-way than the principal structure.
Setbacks. Ground-mounted SES shall be subject to the setbacks within the underlying zoning district. In the case of cluster subdivisions or in districts with no established setbacks, the minimum setback shall be 10 feet.
Height. Tier 2 SES shall comply with the following height limitations. All height measurements are to be calculated when the SES is oriented at maximum tilt:
Ground-mounted SES Height Restrictions | |
|---|---|
Setback | Maximum Height |
10 feet | 6 ft |
10 - 15 feet 12 ft | |
Greater than 15 feet | 15 ft |
Solar access. Solar energy equipment shall be located in a manner to avoid and/or minimize blockage of views from surrounding properties and shading of property to the north, while still providing adequate solar access.
Tier 3 solar energy systems. Tier 3 SES are only permitted through the issuance of a conditional use permit within the RA-2, RR-1, GB, LB, LI, LLD, PD, and MUD zoning districts, and are subject to the requirements set forth in § 250-13 for conditional use permits and site plan requirements in § 250-12, in addition to the requirements set forth in this section.
Ground-mounted Tier 3 SES are only permitted in RA-2 and RR-1.
Applications for the installation of Tier 3 SES shall be:
Reviewed by the Planning Department for completeness and subject to a public hearing with the Town of Penfield Planning Board.
Referred to the Monroe County Planning Department pursuant to General Municipal Law 239-m, 239-n, and/or 239-nn, if required.
Application requirements. Applications for Tier 3 SES, including materials for site plan review based on § 250-12 and Town of Penfield's Design and Construction Specifications, shall additionally include the following:
Name, address, and contact information of the proposed or potential system installer and the owner and/or operator of the SES. The name, address and contact information of the final system installer shall be submitted prior to the issuance of a building permit.
Name, address, contact information, and signature of the project applicant, as well as all property owners, demonstrating their consent to the application and the use of the property for the SES.
Nameplate capacity of the SES.
Zoning district designation for the parcel(s) of land comprising the facility area.
Map(s) of MSG 1-4 soils and active agriculture lands on the parcel(s) comprising the facility area when installing ground-mounted systems.
Adjacent land uses on contiguous parcels within 200 feet of the site boundary.
Proposed changes to the site, including site grading, vegetation clearing and planting, the removal of trees, access roads, exterior lighting, signage, fencing, landscaping, and screening vegetation or structures.
A screening and landscaping plan that specifies the locations, elevations, height, plant species, and/or materials that will comprise the structures, landscaping, and/or grading used to screen and/or mitigate any adverse aesthetic effects of the system. To the extent practicable, screening shall include native perennial vegetation and foraging habitat beneficial to game birds, songbirds, and pollinators. The amount of landscaped screening will be determined at the reasonable discretion of the Board having jurisdiction and Town consultant(s).
Erosion and sediment control and stormwater management plans prepared to NYS Department of Environmental Conservation standards, if applicable, and to such standards as may be established by the Planning Board.
A one- or three-line electrical diagram detailing the entire SES layout, including the number of solar panels in each solar array, solar collector installation, associated components, inverters, electrical interconnection methods, and utility meter, with all National Electrical Code-compliant disconnects and over current devices. The diagram should describe the location and layout of all battery energy storage system components if applicable and should include applicable setbacks and other bulk and area standards.
A preliminary equipment specification sheet that documents all proposed solar panels, system components, mounting systems, racking system details, and inverters that are to be installed. A final equipment specification sheet shall be submitted prior to the issuance of a building permit.
A property operation and maintenance plan that describes continuing site maintenance, anticipated dual-use, and property upkeep, such as mowing and trimming.
A decommissioning plan that shall conform to the requirements set forth in the Town's Design and Construction Specifications. The submitted decommissioning plan shall be signed by the owner and/or operator of the Tier 3 SES and be submitted by the applicant.
Conditional use permit and site plan standards. A conditional use permit and site plan approval may be granted by the board having jurisdiction only after it has found that all the following standards and conditions have been satisfied:
Lot size. The property on which the Tier 3 SES is placed shall meet the lot size requirements of the underlying zoning district.
Multiple lots. Where a Tier 3 SES comprises multiple lots, regardless of ownership by an individual or multiple participating landowners, the lots shall be treated as a single project area for dimensional standards and requirements, including but not limited to lot size, lot coverage, and setbacks. Documentation of any agreements between property owner(s) and Tier 3 SES operator including, but not limited to, lease(s), memorandum of lease(s), or easement(s) shall be provided.
Height. Any Tier 3 SES shall comply with the building height limitations for principal structures of the underlying zoning district. This height requirement can be waived by the board having jurisdiction if the panel height is designed to accommodate continued or new agricultural purposes or meet covered parking requirements.
Lot coverage calculation. The calculation for lot coverage shall include, but not be limited to, the following:
Foundation systems, typically consisting of driven piles or monopoles or helical screws, with or without small concrete collars.
All mechanical equipment of the SES, including any pad-mounted structure for batteries, switchboard, transformers, or storage cells.
Access roads and sidewalks.
Any other impervious surfaces as defined by NYSDEC.
Screening and buffering. The layout and screening of any SES shall be designed to minimize views from neighboring properties to the greatest extent practicable.
Lighting. Lighting of the Tier 3 SES shall follow lighting requirements within § 250-7.17 and the Town of Penfield's Design and Construction Specifications.
Underground requirements. All utility lines located outside of the facility area shall be placed underground to the extent feasible and as permitted by the serving utility, with the exception of the main service connection at the utility company right-of-way and any new interconnection equipment, including without limitation any poles, with new easements and right-of-way.
Vehicular paths. Vehicular paths within the facility area shall be designed in compliance with NYS Uniform Fire Prevention and Building Code requirements to ensure emergency access while minimizing the extent of impervious materials and soil compaction.
Signage. No signage or graphic content shall be displayed on the SES except for signage required by the National Electric Code (NEC), the manufacturer's name, equipment specification information, safety information, and 24-hour emergency contact information. Said information shall be depicted within an area of no more than eight square feet.
Fencing requirements. Fencing shall be provided around the perimeter of the SES and shall comply with the fencing requirements set forth in the National Electrical Code (NEC).
Agricultural resources. Any Tier 3 SES installed on Prime Farmland or Farmland of Statewide Importance, as defined by the U.S. Department of Agriculture, shall meet the requirements set forth below.
The limit of disturbance shall not exceed 50% of the area of Prime Farmland or Farmland of Statewide Importance of parcels included in the project area.
Access roads are to be located along the edge of agricultural fields, in areas next to hedgerows and field boundaries, and in the nonagricultural portions of the site.
The width of access roads across or along agricultural fields is to be no wider than 20 feet so as to minimize the loss of agricultural lands and comply with the State of New York fire access code.
The surface of solar farm access roads to be constructed through agricultural fields should be level with the adjacent field surface where possible.
Drainage and erosion control measures shall be designed to avoid or mitigate impacts to neighboring properties and protect the viability of nearby agricultural operations.
To the maximum extent practicable, any Tier 3 SES located on Prime Farmland shall be constructed in accordance with the construction requirements of the New York State Department of Agriculture and Markets and the New York State Energy Research and Development Authority.
Ownership changes. If the owner or operator of a Tier 3 SES changes or the owner of the property changes, the conditional use permit shall remain in effect, provided that the successor owner or operator assumes in writing all of the obligations of the conditional use permit, site plan approval, and decommissioning plan. A new owner or operator of the SES shall notify the Building Department of such change in ownership or operator within 30 days of the ownership change.
Wind energy system (WES).
Intent. These regulations are intended to allow the installation of wind energy systems in a manner that protects public health and safety, supports local, state, and federal renewable energy goals, and provides guidelines that will encourage the development and use of wind energy systems in a way that promotes the health, safety, and welfare of the public and is compatible with surrounding land uses.
Applicability. This section applies to any WES installed and constructed after the effective date of this section. It applies to any upgrade, modification, or structural change that alters the physical size, electric generation capacity, location, or placement of an existing WES, except for repairs or in-kind replacement of equipment.
General requirements.
A building permit is required for the installation, addition, renovation, or demolition of any WES.
Any WES shall be designed, erected, and installed in accordance with all applicable codes, regulations, and industry standards as referenced in the NYS Uniform Fire Prevention and Building Code ("Building Code"), the NYS Energy Conservation Code ("Energy Code"), and the Town of Penfield Code, as amended or changed.
Siting. The proposed location of any WES shall reduce negative impacts to birds and bats by siting the WES to avoid disturbance of areas where migrating, roosting, and breeding occur. Applicants shall consult regulations and guidance provided by the NYSDEC and U.S. Fish and Wildlife Service.
Design. The following design requirements apply to the installation of any WES.
Access.
Electrical wires. All electrical wires associated with a WES, other than wires necessary to connect the wind generator to the wind tower wiring, the wind tower wiring to the disconnect junction box, and the grounding wires, shall be located underground.
Lighting. Wind towers and generators shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration (FAA). Lighting of other parts of the WES, such as appurtenant structures, shall be limited to that required for safety purposes and shall be reasonably shielded from abutting properties.
Appearance, color, and finish. Wind generators and wind towers shall remain painted or finished in the color or the finish that was originally applied by the manufacturer unless a different color is approved by the associated Board.
Noise. Any WES shall demonstrate compliance with noise regulations contained in § 250-7.6 of the Penfield Town Code. The Planning Board shall have discretion in determining the data and information related to the WES noise generation.
Signs. All signs, other than the manufacturer's or installer's identification, appropriate warning signs, or owner identification on a wind generator, wind tower, building, or other structure associated with a WES, visible from any public road are prohibited.
Utility notification and interconnection. Any WES that connects to the electric utility shall comply with the requirements for interconnection and operation as set forth in the electric utility's service regulations applicable to wind power generation facilities.
Meteorological evaluation tower (MET). Any METs shall be permitted under the same standards, requirements, and procedures as a WES.
Application and site plan review requirements. Applications for WES, including materials for site plan review based on 250-12 and Town of Penfield's Design and Construction Specifications, shall additionally address the following:
The location of property lines, utilities, and permanent easements;
The location of all structures on the subject property and all structures on any adjacent property within 200 feet of the subject property, together with the distance of these structures to the proposed WES.
Adjacent land uses on contiguous parcels within 200 feet of the site boundary.
The location, nature, and extent of any proposed fencing, landscaping, and/or screening;
The location and nature of proposed utility easements and access road, if applicable;
Specification drawings of the WES structure, including the tower, base, and footings; drawings of the access road(s); and including an engineering analysis and certification of the tower;
Certified plans and/or data pertaining to the tower's structural safety and stability;
Ground-level photos, renderings, 3-D models, and/or other visual representations that depict the location and scale of the proposed WES on the site from neighboring properties and/or public rights-of-way.
Accessory use WES. Accessory use WES are permitted in all zoning districts and are subject to the following:
Location. Installation of any accessory WES shall only be permitted in the side or rear yards. On corner lots, a WES may not be located closer to the right-of-way than the principal structure.
Number of WES. No more than two accessory wind towers per lot.
Maximum height. Maximum height shall be up to 30 feet higher than the maximum building height in the zoning district where the proposed WES will be located.
Setbacks. Wind towers for any accessory use WES shall be set back a distance equal to its total height plus an additional 20 feet from:
Energy production. Energy production is limited to on-site use and up to 125% of on-site consumption.
Site plan. Site plan application is required for any accessory WES proposed in BN-R, LB, GB, MUD, PD, LI, and MR. The application may be reviewed administratively or referred to the Planning Board by the Town Engineer.
Principal use WES. Principal use WES are permitted through the issuance of a conditional use permit within the RA-2, RR-1, LB, GB, LI, PD, and MUD zoning districts, and are subject to the requirements set forth in § 250-13 for conditional use permits and site plan requirements in § 250-12, in addition to the requirements set forth in this section.
Applications for the installation of principal use WES shall be:
Reviewed by the Planning Department for completeness and subject to a public hearing with the Town of Penfield Planning Board.
Referred to the Monroe County Planning Department pursuant to General Municipal Law 239-m, 239-n, and/or 239-nn, if required.
Application requirements. Applications for principal use WES, including materials for site plan review based on § 250-12 and Town of Penfield's Design and Construction Specifications, shall additionally include the following:
Name, address, and contact information of the proposed or potential system installer and the owner and/or operator of the principal use WES. Such information of the final system installer shall be submitted prior to the issuance of a building permit.
Name, address, contact information, and signature of the project applicant, as well as all property owners, demonstrating their consent to the application and the use of the property for the SES.
Nameplate capacity of the WES as expressed in kW.
Zoning district designation for the parcel(s) of land comprising the facility area.
Map(s) of MSG 1-4 soils and active agriculture lands on the parcel(s) comprising the facility area.
Adjacent land uses on contiguous parcels within 200 feet of the site boundary.
Proposed changes to the site, including site grading, vegetation clearing and planting, the removal of any large trees, access roads, exterior lighting, signage, fencing, landscaping, and screening vegetation or structures.
A screening and landscaping plan that specifies the locations, elevations, height, plant species, and/or materials that will comprise the structures, landscaping, and/or grading used to screen and/or mitigate any adverse aesthetic effects of the system. To the extent practicable, screening shall include native perennial vegetation and foraging habitat beneficial to game birds, songbirds, and pollinators. The amount of landscaped screening will be determined at the reasonable discretion of the board having jurisdiction and Town consultant(s).
Erosion and sediment control and stormwater management plans prepared to NYS Department of Environmental Conservation standards, if applicable, and to such standards as may be established by the Planning Board.
A one- or three-line electrical diagram detailing the entire principal use WES layout, including the associated components, inverters, electrical interconnection methods, and utility meter, with all National Electrical Code- compliant disconnects and overcurrent devices. The diagram should describe the location and layout of all battery energy storage system components, if applicable, and should include applicable setback and other bulk and area standards.
Provide preliminary specification sheets for all equipment that will be installed, including, but not limited to, the proposed WES turbines, system components, mounting systems, and inverters. All final equipment specification sheets shall be submitted prior to the issuance of a building permit.
A property operation and maintenance plan that describes continuing site maintenance, anticipated dual-use, and property upkeep, such as mowing and trimming.
A decommissioning plan that shall conform to the requirements set forth in the Town's Design and Construction Specifications. The submitted decommissioning plan shall be signed by the owner and/or operator of the principal use WES and be submitted by the applicant.
Conditional use permit and site plan standards. A conditional use permit and site plan approval may be granted by the board of jurisdiction only after it has found that all the following standards and conditions have been satisfied:
Lot size. The property on which the principal use WES is placed shall meet the lot size requirements of the underlying zoning district.
Multiple lots. Where WES comprises multiple lots, regardless of ownership by an individual or multiple participating landowners, the lots shall be treated as a single project area for dimensional standards and requirements, including but not limited to lot size, lot coverage, and setbacks. Documentation of any agreements between property owner(s) and Tier 3 WES operator including, but not limited to, lease(s), memorandum of lease(s), or easement(s) shall be provided.
Height. Maximum height shall be 200 feet.
Setbacks. Principal use WES shall meet the following setback requirements:
A minimum setback of 1,200 feet from any adjacent dwelling units.
Lot coverage calculation. The calculation for lot coverage shall include, but not be limited to, the following:
Foundation systems, typically consisting of driven piles or monopoles or helical screws, with or without small concrete collars.
All mechanical equipment of the WES, including any pad-mounted structure for batteries, switchboards, transformers, or storage cells.
Access roads and sidewalks.
Any other impervious surfaces as defined by NYSDEC.
Fencing requirements. Perimeter fencing shall be provided around the principal WES and may be up to eight feet in height. Any transformers or electrical substations may be subject to the fencing requirements set forth in the National Electrical Code (NEC).
Screening and buffering. The layout and screening of any ground-mounted components of the principal use WES shall be designed to minimize views from neighboring properties to the greatest extent practicable.
Lighting. Lighting of the principal use WES shall follow lighting requirements within § 250-7.17 and the Town of Penfield's Design and Construction Specifications.
Underground requirements. All utility lines located outside of the facility area shall be placed underground to the extent feasible and as permitted by the serving utility, with the exception of the main service connection at the utility company right-of-way and any new interconnection equipment, including without limitation any poles, with new easements and right-of-way.
Vehicular paths. Vehicular paths within the facility area shall be designed in compliance with NYS Uniform Fire Prevention and Building Code requirements to ensure emergency access while minimizing the extent of impervious materials and soil compaction.
Signage. No signage or graphic content shall be displayed on the WES except for signage required by the National Electric Code (NEC), the manufacturer's name, equipment specification information, safety information, and 24-hour emergency contact information. Said information shall be depicted within an area of no more than eight square feet.
Agricultural resources. Any principal use WES installed on Prime Farmland or Farmland of Statewide Importance shall meet the requirements set forth below.
The limit of disturbance shall not exceed 50% of the area of Prime Farmland or Farmland of Statewide Importance of parcels included in the project area.
Access roads are to be located along the edge of agricultural fields, in areas next to hedgerows and field boundaries, and in the nonagricultural portions of the site.
The width of access roads across or along agricultural fields is to be no wider than 20 feet so as to minimize the loss of agricultural lands and comply with the State of New York fire access code.
The surface of access roads to be constructed through agricultural fields should be level with the adjacent field surface where possible.
Drainage and erosion control measures shall be designed to avoid or mitigate impacts to neighboring properties and protect the viability of nearby agricultural operations.
To the maximum extent practicable, principal use WES located on Prime Farmland shall be constructed in accordance with the construction requirements of the New York State Department of Agriculture and Markets.
Ownership changes. If the owner or operator of the principal use WES changes or the owner of the property changes, the conditional use permit shall remain in effect, provided that the successor owner or operator assumes in writing all of the obligations of the conditional use permit, site plan approval, and decommissioning plan. A new owner or operator of the principal use WES shall notify the Building Department of such change in ownership or operator within 30 days of the ownership change.
Geothermal energy systems (GES).
Intent. These regulations are intended to allow the installation of geothermal energy systems in a manner that protects public health and safety, supports local, state, and federal renewable energy goals, and provides guidelines that will encourage the development and use of geothermal energy systems in a way that promotes the health, safety, and welfare of the public and is compatible with surrounding land uses.
Applicability.
This section applies to any GES installed and constructed after the effective date of this section. It applies to any upgrade, modification, or structural change that alters the physical size, electric generation capacity, location, or placement of an existing GES, except for repairs or in-kind replacement of equipment.
GES in Irondequoit Bay may be permitted provided that water quality standards will be met, all required state and federal permits are obtained, and approval is issued by the Planning Board.
General requirements.
Location. Any closed-loop GES is permitted as an accessory structure in all zoning districts.
Design standards. The following design standards shall apply to any GES.
All components of GES, including pumps, borings, and loops, shall be in accordance with front, side, and rear setbacks.
All vertical borings and loops shall be set back at least 10 feet from the foundation of any structure, either on or off-site.
All vertical boring shall be limited to a depth of 150 feet from the surface elevation.
Aboveground equipment associated with GES shall not be installed in the front yard of any lot or the side yard of a corner lot adjacent to a public right-of-way and shall meet all required setbacks for the applicable zoning district.
GES shall not encroach on public drainage, utility, roadway, or trail easements.
Site plan application required. When a GES is included as part of a proposed development that requires a site plan or the GES' area of disturbance triggers site plan approval set forth in 250, Planning Board review and approval shall be required. GES equipment outside of structures should be located and/or screened in a way that minimizes views of the equipment.
Abandonment. If a GES remains nonfunctional or inoperative for a continuous period of 12 months, the system shall be deemed to be abandoned and the following decommissioning actions are required.
The heat pump and any external mechanical equipment shall be removed.
Pipes or coils below the land surface shall be filled with grout to displace the heat transfer fluid. The heat transfer fluid shall be captured and disposed of in accordance with applicable regulations. The top of the pipe, coil, or boring shall be uncovered and grouted.
All GES components shall be completely removed from any water body.
Additional permitting required. Borings for vertical systems are subject to any and all required approvals and permits from the NYS Department of Environmental Conservation, NYS Department of Health, and any other applicable state or federal agencies.
Battery energy storage system (BESS).
Intent. The intent of these regulations is to allow the installation of any battery energy storage system (BESS) in a manner that protects public health and safety, supports local, state, and federal renewable energy goals, and provides guidelines that will encourage the development and use of battery energy storage systems in a way that promotes the health, safety, and welfare of the public and is compatible with surrounding land uses.
Applicability. This section applies to any BESS installed and constructed after the effective date of this section. It applies to any upgrade, modification, or structural change that alters the physical size, electric generation capacity, location, or placement of an existing BESS, except for repairs or in-kind replacement of equipment.
General requirements.
A building permit and an electrical permit shall be required for the installation of any BESS.
Any BESS, BESS equipment building, and any other building(s) or structure(s) shall be designed, erected, and installed in accordance with all applicable provisions applicable to local, state, and federal regulations, including but not limited to, the NYS Uniform Code, NYS Energy Code, and the Penfield Town Code.
Each BESS shall have a battery energy storage management system.
Accessory use BESS. Accessory use BESS are permitted in all zoning districts and are subject to the following:
Location. Installation of any accessory BESS on the exterior of a structure shall only be permitted in the side or rear yards. On corner lots, an externally mounted accessory BESS may not be located closer to the right-of-way than the principal structure. Installation of any accessory BESS within a structure, whether the structure is defined as a BESS equipment building or not, shall be permitted.
Energy storage. Energy storage is limited to on-site use and up to 125% of monthly, on-site consumption within the limits set forth in the NYS Uniform Code, particularly the NYS Fire Code and NYS Building Code.
Maximum height. Maximum height shall be 20 feet or the same as the height limit for accessory structures in the underlying zoning district, whichever is less.
Site plan. Site plan application is required for any accessory BESS proposed in BN- R, LB, GB, MUD, PD, LI, and MR. The application may be reviewed administratively or referred to the Planning Board by the Town Engineer.
No more than one BESS equipment building per lot.
Principal use BESS. Principal use BESS are permitted through the issuance of a conditional use permit within the RA-2, RR-1, LB, GB, and LI zoning districts, and are subject to the requirements set forth in § 250-13 for conditional use permits and site plan requirements in § 250-12, in addition to the requirements set forth in this section.
Applications for the installation of principal use BESS shall be:
Reviewed by the Planning Department for completeness and subject to a public hearing with the Town of Penfield Planning Board.
Referred to the Monroe County Planning Department pursuant to General Municipal Law 239-m, 239-n, and/or 239-nn, if required.
Application requirements. Applications for principal use BESS, including materials for site plan review based on § 250-12 and Town of Penfield's Design and Construction Specifications, shall additionally include the following:
Name, address, and contact information of the proposed or potential system installer and the owner and/or operator of the principal use BESS. Such information of the final system installer shall be submitted prior to the issuance of a building permit.
Name, address, contact information, and signature of the project applicant, as well as all property owners, demonstrating their consent to the application and the use of the property for the BESS.
Nameplate capacity of the BESS as expressed in kW.
Zoning district designation for the parcel(s) of land comprising the BESS.
Adjacent land uses on contiguous parcels within 200 feet of the BESS.
Proposed changes to the site, including site grading, vegetation clearing and planting, the removal of any large trees, access roads, exterior lighting, signage, fencing, landscaping, and screening vegetation or structures.
A screening and landscaping plan that specifies the locations, elevations, height, plant species, and/or materials that will comprise the structures, landscaping, and/or grading used to screen and/or mitigate any adverse aesthetic effects of the system.
Erosion and sediment control and stormwater management plans prepared to NYS Department of Environmental Conservation standards, if applicable, and to such standards as may be established by the Planning Board.
All preliminary specification sheets for equipment that will be installed as part of the proposed BESS prior to issuance of a building permit.
A property operation and maintenance plan that describes continuing site maintenance, anticipated dual-use, and property upkeep, such as mowing and trimming.
Emergency operations plan. A copy of an approved emergency operations plan shall be given to the BESS owner, the local fire department, and the Town Fire Marshal. A permanent copy shall also be placed in an approved location to be accessible to facility personnel, fire code officials, and emergency responders. The emergency operations plan shall include the following information:
Procedures for safe shutdown, de-energizing, or isolation of equipment and systems under emergency conditions to reduce the risk of fire, electric shock, and personal injuries, and for safe start-up following cessation of emergency conditions.
Procedures for inspection and testing of associated alarms, interlocks, and controls.
Procedures to be followed in response to notifications from the battery energy storage management system, when provided, that could signify potentially dangerous conditions, including shutting down equipment, summoning service and repair personnel, and providing agreed upon notification to fire department personnel for potentially hazardous conditions in the event of a system failure.
Emergency procedures to be followed in case of fire, explosion, release of liquids or vapors, damage to critical moving parts, or other potentially dangerous conditions. Procedures can include sounding the alarm, notifying the fire department, evacuating personnel, de-energizing equipment, and controlling and extinguishing the fire.
Response considerations similar to a safety data sheet (SDS) that will address response safety concerns and extinguishment when an SDS is not required.
Procedures for dealing with BESS equipment damaged in a fire or other emergency event, including maintaining contact information for personnel qualified to safely remove damaged BESS equipment from the facility.
Other procedures as determined necessary by the board having jurisdiction to provide for the safety of occupants, neighboring properties, and emergency responders.
Procedures and schedules for conducting drills of these procedures and for training local first responders on the contents of the plan and appropriate response procedures.
A decommissioning plan that shall conform to the requirements set forth in the Town's Design and Construction Specifications. The submitted decommissioning plan shall be signed by the owner and/or operator of the principal use BESS and be submitted by the applicant.
Conditional use permit and site plan standards. A conditional use permit and site plan approval may be granted by the board of jurisdiction only after it has found that all the following standards and conditions have been satisfied:
Lot size. The property on which the principal use BESS is placed shall meet the lot size requirements of the underlying zoning district.
Multiple lots. Where BESS comprises multiple lots, regardless of ownership by an individual or multiple participating landowners, the lots shall be treated as a single project area for dimensional standards and requirements, including but not limited to lot size, lot coverage, and setbacks.
Height. The principal use BESS shall comply with the building height limitations for principal structures of the underlying zoning district.
Setbacks. Principal use BESS shall meet the setback requirements of the underlying zoning district.
BESS equipment building design. BESS equipment building shall incorporate building materials and architectural design elements that are compatible with the principal uses in the underlying zoning district.
Lot coverage calculation. The calculation for lot coverage shall include, but not be limited to, the following:
Fencing requirements. Fencing shall be provided around the perimeter of the BESS and shall comply with the fencing requirements set forth in the National Electrical Code (NEC).
Screening and buffering. The layout and screening of any ground-mounted components of the principal use BESS shall be designed to minimize views from neighboring properties to the greatest extent practicable.
Lighting. Lighting of the principal use BESS shall follow lighting requirements within § 250-7.17 and the Town of Penfield's Design and Construction Specifications.
Underground requirements. All utility lines located outside of the facility area shall be placed underground to the extent feasible and as permitted by the serving utility, with the exception of the main service connection at the utility company right-of-way and any new interconnection equipment, including without limitation any poles, with new easements and right-of-way.
Vehicular paths. Vehicular paths within the facility area shall be designed in compliance with NYS Uniform Fire Prevention and Building Code requirements to ensure emergency access while minimizing the extent of impervious materials and soil compaction.
Signage. No signage or graphic content shall be displayed on the BESS except for signage required by the National Electric Code (NEC), the manufacturer's name, equipment specification information, safety information, and 24-hour emergency contact information. Said information shall be depicted within an area of no more than eight square feet.
Agricultural resources. Any principal use BESS installed on Prime Farmland or Farmland of Statewide Importance shall meet the requirements set forth below.
The limit of disturbance shall not exceed 50% of the area of Prime Farmland or Farmland of Statewide Importance of parcels included in the project area.
Access roads are to be located along the edge of agricultural fields, in areas next to hedgerows and field boundaries, and in the nonagricultural portions of the site.
The width of access roads across or along agricultural fields is to be no wider than 20 feet so as to minimize the loss of agricultural lands and comply with the State of New York fire access code.
The surface of access roads to be constructed through agricultural fields should be level with the adjacent field surface where possible.
Drainage and erosion control measures shall be designed to avoid or mitigate impacts to neighboring properties and protect the viability of nearby agricultural operations.
To the maximum extent practicable, principal use BESS located on Prime Farmland shall be constructed in accordance with the construction requirements of the New York State Department of Agriculture and Markets.
Ownership changes. If the owner or operator of the principal use BESS changes or the owner of the property changes, the conditional use permit shall remain in effect, provided that the successor owner or operator assumes in writing all of the obligations of the conditional use permit, site plan approval, and decommissioning plan. A new owner or operator of the principal use BESS shall notify the Building Department of such change in ownership or operator within 30 days of the ownership change.
Electric vehicle charging stations (EVCS).
Intent. Electric vehicle charging stations (EVCS) encourage the use of a renewable and nonpolluting energy source. These regulations support local, state, and federal renewable energy goals and provide guidelines that will encourage the development and use of EVCS in a way that promotes the health, safety, and welfare of the public and is compatible with surrounding land uses.
Applicability. This section applies to any EVCS installed and constructed after the effective date of this section. It applies to any upgrade, modification, or structural change that alters the physical size, electric generation capacity, location, or placement of an existing EVCS, except for repairs or in-kind replacement of equipment.
General requirements.
All installations must comply with the National Electrical Code and all applicable sections of the NYS Uniform Code and any other state regulations.
Any EVCS must be located adjacent to a driveway, parking space, and/or inside a garage.
Components for an EVCS may encroach up to 36 inches into a required side or rear setback of the underlying zoning district.
All EVCS shall be located in a way that does not obstruct sidewalks, paths, or other pedestrian infrastructure.
All EVCS that are publicly accessible, including on-street parking, municipal lots, or any other parking locations that permit public access shall support all vehicle makes and models.
Any EVCS that will have commercial messaging or advertising, including static or video-based, shall be subject to a site plan review by the Planning Board and are subject to the following:
Tier 1 EVCS. Tier 1 EVCS are permitted in all zoning districts and are subject to the following:
For single-family residences, free-standing external Tier 1 EVCS are permitted to encroach into the front setback or front and side setback on a corner lot.
Tier 1 EVCS in BN-R, GB, LB, LI, LLD, MR, MUD, PD and TH. Any proposed Tier 1 EVCS installation that prohibits the parking of non-electric charging vehicles in a parking spot must submit an overall parking layout with a building permit to demonstrate that all applicable parking standards will be met (e.g., ADA parking spaces, total number of spaces, etc.).
Tier 2 EVCS. Tier 2 EVCS are permitted through the issuance of an electrical or building permit in all zoning districts and are subject to the following:
Any person installing a Tier 2 EVCS must, prior to installation, notify the utility providing electric power to the property.
For single-family residences, free-standing external Tier 2 EVCS are permitted to encroach into the front setback or front and side setback on a corner lot.
Tier 2 EVCS in BN-R, GB, LB, LI, LLD, MR, MUD, PD and TH.
Each Tier 2 EVCS shall include vehicle impact protection, such as, but not limited to bollards or similar structures.
Site plan requirements. When a site plan is required for new development or redevelopment, the location of any proposed Tier 2 EVCS must be included in the site plan.
Any proposed Tier 2 EVCS installation that prohibits the parking of non-electric charging vehicles in a parking spot must submit an overall parking layout with a building permit to demonstrate that all applicable parking standards will be met (e.g., ADA parking spaces, total number of spaces, etc.).
Tier 3 EVCS. Tier 3 EVCS are permitted through the issuance of a conditional use permit within the RA-2, RR-1, LB, GB, LI, LLD, MR, MUD, PD, and TH zoning districts, and are subject to the requirements set forth in § 250-13 for conditional use permits and site plan requirements in § 250-12, in addition to the requirements set forth in this section.
Applications for the installation of Tier 3 EVCS shall be:
Reviewed by the Planning Department for completeness and subject to a public hearing with the Town of Penfield Planning Board.
Referred to the Monroe County Planning Department pursuant to General Municipal Law 239-m, 239-n, and/or 239-nn, if required.
Application requirements. Applications for Tier 3 EVCS, including materials for site plan review based on § 250-12 and Town of Penfield's Design and Construction Specifications, shall additionally include the following:
Provide preliminary specification sheets for all equipment that will be installed as part of the proposed Tier 3 EVCS prior to issuance of the building permit.
Erosion and sediment control and stormwater management plans prepared to NYS Department of Environmental Conservation standards, if applicable, and to such standards as may be established by the Planning Board.
Lot coverage calculation. The calculation for lot coverage shall include, but not be limited to, the following:
Parking lot design. Any proposed Tier 3 EVCS installation that prohibits the parking of nonelectric charging vehicles in a parking spot must submit an overall parking layout to demonstrate that all applicable parking standards will be met (e.g., ADA parking spaces, total number of spaces, etc.).
Vehicle impact protection. Each Tier 3 EVCS shall include vehicle impact protection, such as, but not limited to bollards or similar structures.
Lighting. Lighting of the Tier 3 EVCS shall follow lighting requirements within § 250-7.17 and the Town of Penfield's Design and Construction Specifications. Photometric plan required with application.
Underground requirements. All utility lines located on the property shall be placed underground to the extent feasible and as permitted by the serving utility, with the exception of the main service connection at the utility company right-of-way and any new interconnection equipment, including without limitation any poles, with new easements and right-of-way.
A decommissioning plan that shall conform to the requirements set forth in the Town's Design and Construction Specifications. The submitted decommissioning plan shall be signed by the owner and/or operator of the Tier 3 EVCS and be submitted by the applicant.
Installation. Any person installing a Tier 3 EVCS must, prior to installation, notify the utility providing electric power to the property.
Enforcement. Any violations of these regulations shall be subject to the same enforcement requirements, including the civil and criminal penalties, provided for in Chapter 250, Zoning and Land Use, as amended or changed.
Severability. The invalidity of any word, section, clause, paragraph, sentence, part, or provision of this section shall not affect the validity of any other part of this section, which can be given effect without such part or parts.
