Rome City Zoning Code

ARTICLE XIX.

ZONING APPLICATIONS

Sec. 80-19.1. - Zoning amendments.

(a)

Initiation.

The common council may from time to time on its own motion, amend, supplement, repeal, or change the regulations and district boundaries established by this code.

ii.

Whenever the owners of 50 percent or more of the frontage in any district or part thereof presents a petition, duly signed and acknowledged, to the common council, requesting an amendment, supplement, change or repeal of the regulations prescribed for such district or part thereof, it is the duty of the common council to vote upon said petition within 90 days after the filing of the same by the petitioners with the clerk of the council.

iii.

The planning board may, by resolution, propose an amendment, supplement, change or repeal of the regulations to the common council. Within 90 days from the time such resolution is received by the common council it is the duty of the council to vote on such proposed amendment.

(b)

Application. Whenever a petition to amend, supplement, repeal, or change the regulation and district boundaries established by this code is to be considered by the common council, the individual(s) must complete an application. Each application must be accompanied by a fee, which is not refundable. For the purpose of this section, the term "applicant" does not include a member of the common council, planning board, or other official city body or department head acting within their authority.

(c)

Procedure.

All proposed amendments originating by petition or by motion of the common council will be referred to the planning board for a report and recommendations. The planning board will submit its report within 75 days after receiving such referral. Failure of the planning board to report within the required time is deemed to be a recommendation of approval of the proposed amendment.

ii.

Before any amendment, supplement, repeal or change in the regulations or district boundaries, there must be a public notice of hearing as provided by law. Such hearing may be held by the common council, by a committee of the council, or by the planning board, on request of the common council. Such hearing must be held at the next regularly scheduled meeting of the common council following introduction of the proposed ordinance or amendment. Notice of such hearing must be published in the official newspaper of the city, at least seven days prior to the date the public hearing is to be held. Such public notice must include the date, time and place of the public hearing and must set forth a summary of the substance of the proposed amendment.

iii.

A public hearing on any amendment, supplement, repeal or change in the regulations or district boundaries may be held at a date prior to the next regularly scheduled informal or formal meeting, provided that a three-fourths majority vote of the common council to such earlier meeting is first obtained, and provided further, that prior to any public hearing on any proposed amendment, notice of such hearing is published as described in this section.

iv.

The common council, in addition to any published notice of a public hearing required in this section, may direct that other and further notice be given as that body deems appropriate after consideration of the circumstances surrounding the proposed zone change. These circumstances include, but are not to be limited to, the size of the parcel(s) to be rezoned, the number of property owners located in or adjacent to such parcel(s), and the type of use to be permitted by the proposed rezoning. Where the council deems such further notice to be appropriate, it must designate the area within which persons owning property shall be given notice and shall further designate the manner in which such notice shall be given.

An amendment to the zoning code must be referred to the county planning department at least 30 days before the public hearing and acted upon in accord with the provision of General Municipal Law, § 239.

vi.

An amendment will be effected by a simple majority vote of the common council. However, an amendment will require the approval of at least three-fourths of the members of the council if the amendment is the subject of a written protest, presented to the council and signed by one of the following:

The owners of 20 percent or more of the land area included in such proposed change.

The owners of 20 percent or more of the area of land immediately adjacent to the land included in such proposed change, extending 100 feet therefrom.

The owners of 20 percent or more of the area of land directly opposite thereto, extending 100 feet from the street frontage of such opposite land.

(Ord. No. 9301A, 9-26-18)

Sec. 80-19.2 - Special use permit.

(a)

Purpose. Under these regulations, special uses are considered to be uses which may be appropriate in the district where they are located, but possess special characteristics that may pose land use or nuisance concerns or difficulties if controlled only by the district regulation applicable to permitted uses. Accordingly, such uses are further controlled by a procedure that requires special consideration and additional regulations for each such use in order to mitigate any such problems or difficulties and minimize the impact upon the district. Each use warrants consideration as an individual case in the district and on the specific lot where it is proposed to be located. Granting of a special permit for a special use in a zoning district is based on its own unique facts and circumstances and does not establish any precedent for granting of a special permit for the use or any other special permit use on any other lot in the district or in other districts.

(b)

Authorization.

Uses requiring a special use permit are identified as special uses in each zoning district. Special uses are those that are allowed, but must meet specific standards to ensure that the proposed development is compatible with surrounding uses. In granting such a permit the zoning board of appeals may specify appropriate conditions, modifications, and requirements to ensure compatibility. The written decision of the zoning board of appeals listing the conditions and votes of each board member forms the special use permit.

ii.

Uses designated in this code as special uses are allowed, enlarged, or altered upon approval of the zoning board of appeals, in accordance with the standards and procedures of this section. In permitting a special use, the zoning board of appeals may impose, in addition to the regulations and standards expressly specified by this code, other conditions found necessary to protect the health and welfare of the surrounding property or neighborhood or the city as a whole. Change in use, expansion, or contraction of site area or alteration of structures or uses classified as special uses, existing prior to the effective date of this code, must conform to the regulations pertaining to special uses. If the site is found inappropriate for the use requested, the zoning board of appeals may deny approval of the special use.

(c)

Application. A request for special use permit must be submitted on an application form available at the code enforcement office. Each application must be accompanied by a site plan, floor plan, and a fee established by the common council, which is not refundable. Applications must be submitted to the codes enforcement officer, who will then transmit to the zoning board of appeals.

(d)

Specific property restriction. Any special use permit, if granted, pertains only to the specific property for which the application was made. Such granted permit does not apply to any other property the applicant may control.

(e)

Procedure.

Upon the filing of an application for a special use, the zoning board of appeals must set a reasonable time and place for a public hearing to consider the application. The zoning board of appeals must publish notice not at least five days prior to the hearing in at least one newspaper of general circulation within the city. Each notice must include the time, date, place, purpose of the hearing, and location of the subject proposal.

ii.

Where the consideration for a special use permit involves land within 500 feet of an adjoining municipality, or from the boundary of any existing or proposed county or state park, or from the right-of-way of any existing or proposed state or county highway, or from the existing or proposed right-of-way of any stream or drainage channel owned by the county, or state or county-owned land on which a public building is situated, the application must be referred to the county planning department at least 30 days before the public hearing and acted upon in accord with the provision General Municipal Law, § 239.

iii.

The zoning board of appeals may recess or table an application in order to obtain additional information which it deems to be in the best interest of the public health, safety, and welfare or necessary to assist in its decision making. Upon recessing for this purpose, the zoning board of appeals must announce a time and date when the hearing will be resumed.

iv.

Within 62 days from the date of any public hearing, the zoning board of appeals must render a decision. For purposes of this section, a decision is deemed "rendered" upon the written permit being signed by the chairman. No later than five days following the rendering of the decision of the zoning board of appeals granting or denying the application, the applicant and parties of record must be notified of the decision in writing. Such written notification must include the findings of fact for denial or approval, whichever is applicable. The zoning board of appeals must file the decision in the city clerk's office within five business days after the day it is rendered. The zoning board of appeals will also retain in its files a copy of each decision, which files will be made available for inspection by the public.

(f)

Findings of fact. The zoning board of appeals will review all special use requests on the basis of both architectural review and site plan review criteria and findings identified above, and must also review and determine that the use as proposed on the specific lot location will generally satisfy the following criteria:

The physical characteristics, topography and other features of the lot and the scale and physical design and other features of any new or existing buildings to be occupied by the use are suitable and adaptable for the proposed use without any modifications which would change the established character of the street or neighborhood setting.

ii.

The nature and intensity of operations of the use will not be more objectionable to surrounding properties than those of a permitted use. Examples of measures of potential impacts due to the nature and intensity of development include, but are not limited to, traffic generation, hours of operation, size and scale, noise, odor, dust, vibration, glare, smoke and environmental hazards.

iii.

The use is not in such proximity to a place of worship, school, community center, park, or other prominent place of community activity and public assembly so as to regularly conflict with such other activity and thereby constitute a danger to health, safety, or general welfare.

iv.

The use will not unreasonably increase or introduce traffic congestion or safety hazards or impose traffic volumes on streets and street patterns that are deficient in width, design, sight distance, intersection configuration, or other typical standards necessary to accommodate such traffic changes.

The use makes adequate provision for off-street parking in accordance with this code.

vi.

The use and the proposed design of the building and other structures and site facilities for the use are appropriate in the proposed location and have incorporated reasonable efforts to harmonize with surrounding uses and mitigate any adverse impacts on surrounding uses, including but not limited to, traffic congestion and hazards, untimely scheduling of activities, removal of trees and other established natural features, and excessive stormwater runoff, noise, nuisance, odors, glare, or vibration.

vii.

The cumulative impacts of the use in the proposed location will not unreasonably interfere with or diminish the continued use, preservation, stability, value, enjoyment, prosperity or growth of the neighborhood or community. In evaluating cumulative impacts the board will consider the proximity of other special permit uses, particularly those similar to the use proposed.

viii.

The use will not conflict in any way with the city comprehensive plan and other adopted city plans.

(g)

Conditions.

The zoning board of appeals may impose conditions on a special use in its issuance of a special use permit which, in its opinion, are reasonable and necessary to promote the safety, health, and general welfare of the community, including preservation of the general character of the neighborhood in which the use is located. By the way of illustration and not limitation, such a condition could restrict the hours of operation of any special use.

ii.

The zoning board of appeals reserves the right to review any special use permit and may require an annual report for any special use to ensure that the use is in compliance with all applicable code requirements and conditions of approval.

iii.

Upon a determination by the zoning board of appeals that there are sufficient grounds to warrant a review, the zoning board of appeals may initiate a review of the operation of any previously approved special use and may call for a public hearing to determine whether the use is in compliance with applicable standards and conditions. Findings of noncompliance will result in the property owners being required to submit a compliance schedule and to fully comply within 45 days, or a shorter period of time if the zoning board of appeals determines there is cause for emergency action. Any further violations will result in revocation of the special use permit.

(h)

Change to approved special use. If the zoning board of appeals determines that proposed change or modification to an existing special use is substantial, the zoning board of appeals must hold a public hearing as if for a new special use. A change or modification is deemed substantial if the proposal significantly changes the use, design, character, or potential impacts of the existing lot or structure.

(i)

Resubmittal of denied application. An application that has been denied by the zoning board of appeals may not be resubmitted for a minimum of six months from the date of denial. In order for a resubmitted application to be considered by the zoning board of appeals, the applicant must show, to the satisfaction of the zoning board of appeals, that the events, facts or circumstances of the previously heard application have changed, thereby warranting submission or reconsideration of a subsequent application.

(j)

Expiration. In the event that a special use has not commenced within one year from the date of the meeting wherein the special use was approved by the zoning board of appeals, then the permit will automatically lapse and be null and void unless the applicant files an application for extension of time at least 30 days before the expiration of the applicable one-year period and the zoning board approves said application. In addition, a special use that has been abandoned for one year or more automatically lapses and is deemed null and void.

(Ord. No. 9301A, 9-26-18; Ord. No. 9563A, 1-25-23)

Sec. 80-19.3. - Variance.

(a)

Purpose. Where difficulties exist, rendering compliance with the zoning code impractical and such compliance would create unnecessary hardship to the owners or users of land or buildings, the zoning board of appeals may grant a variance to the requirements of the zoning code after a public hearing.

(b)

Specific property restriction.

Any use or area variance pertains only to the specific property for which the application was made. Such variance does not apply to any other property.

ii.

Any enlargement, contraction, or alteration of a use variance requires resubmittal of a use variance application for such change.

(c)

Use variance standards. The zoning board of appeals, on appeal from the decision or determination of codes enforcement officer, has the power to grant use variances. No such use variance will be granted by the zoning board of appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship the applicant must demonstrate to the zoning board of appeals that for each and every allowed use under the zoning regulations for the particular district where the property is located:

The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence.

ii.

The alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood.

iii.

The requested use variance, if granted, will not alter the essential character of the neighborhood.

iv.

The alleged hardship has not been self-created.

That the granting of the variance requested will not confer a special privilege to the property that is denied other lands in the same district.

The zoning board of appeals, in the granting of the variance, will grant the minimum variance that will make possible the reasonable use of the land, and at the same time, preserve and protect the character of the neighborhood and the health, safety, and welfare of the community.

(d)

Area variance standards. The zoning board of appeals has the power, upon an appeal from a decision or determination of the codes enforcement officer, to grant area variances. In making its determination, the zoning board of appeals will take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety, and welfare of the neighborhood or community by such grant. In making such determination the zoning board of appeals will also consider:

Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance.

ii.

Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance.

iii.

Whether the requested area variance is substantial.

iv.

Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.

Whether the alleged difficulty was self-created, which is relevant to the decision of the zoning board of appeals, but does not necessarily preclude the granting of the area variance.

The zoning board of appeals, in the granting of area variances, will grant the minimum variance that it deems necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community.

(e)

Procedure.

A request for a variance must be submitted in duplicate on forms available from the codes enforcement office. One copy will be retained by the codes enforcement officer. Each application must be accompanied by an accurate and intelligible plan drawn to a suitable scale. A nonreturnable fee must be paid upon filing of an application. Applications must be signed by property owners or a certified agent and submitted to the codes enforcement officer, who will then transmit to the zoning board of appeals all the papers constituting the record upon which the action is to be taken. The variance will be placed on the calendar of the zoning board of appeals when the zoning board of appeals has substantial factual information to hear the case.

ii.

A public hearing is required for an appeal for a variance or exception from the terms of the zoning code. No variance or exception will be decided until after due notice has been given and a public hearing has been held. Notice of a public hearing is as follows:

By publication of a notice thereof once in one official paper of the city at least five days before the date of the hearing.

The zoning board of appeals will mail notice of the hearing to the appellant or applicant or his attorney or agent at least five days before the date of the hearing.

The zoning board of appeals will also, insofar as practicable, mail notices of the hearing of an appeal to all property owners that appear on the latest tax roll of the city within a 200-foot radius of the premises affected by the appeal. Notices must be mailed to the street address of the properties within 200-foot radius regardless of whether or not the owner resides therein, unless the zoning board of appeals has definite knowledge of other addresses of absentee owners. Notice of the hearing must also be sent to the councilor of the district within which the property described in the application is located. The notice provided for by this section is deemed a courtesy to neighboring property owners only and compliance with this section is not a condition precedent to proper legal notice and no hearing or action taken thereon will be deemed invalid or illegal because of any failure to mail the notices provided for in this section.

iii.

Where a variance application involves land within 500 feet of an adjoining municipality, or from the boundary of any existing or proposed county or state park, or from the right-of-way of any existing or proposed state or county highway, or from the existing or proposed right-of-way of any stream or drainage channel owned by the county, or state or county-owned land on which a public building is situated, the variance must be referred to the county planning department at least 30 days before the public hearing and acted upon in accord with the provision of General Municipal Law, § 239.

iv.

All decisions of the zoning board of appeals will be recorded in the form of a written resolution, which shows the vote of each member and is signed by the chairman. Additionally, the written decision must set forth the basis for the decision of the zoning board of appeals and a detailed summary of the facts upon which the determination was made must be recorded in the decision and constitutes a part of the record thereof.

The decision must state whether or not the standards set forth in this section for unnecessary hardship (use variances) or practical difficulty (area variances) have or have not been met, and such determination must be supported by findings of facts, thereby warranting the reversal or affirmance of the codes enforcement officer. The decision must also state in detail what conditions and safeguards are required.

(f)

Conditions. The zoning board of appeals has, in the granting of both use variances and area variances, the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions must be consistent with the spirit and intent of this code, and must be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community. Specific conditions may include, but are not limited to, requirements for parking, fencing, landscape, and hours of operation.

(g)

Withdrawals. The applicant may not amend or withdraw his application after the official notice of the public hearing has been transmitted to the official paper for publications. Nothing prohibits the applicant or appellant from requesting the zoning board of appeals to table the applicable variance until such time the applicant requests or the zoning board of appeals may establish. In no event, may the variance remain tabled for more than 60 days. However, the zoning board of appeals, in its discretion or upon motion of the applicant, may retable a variance for an additional 60 days. The zoning board of appeals may not retable a particular variance more than two times.

(h)

Discontinuance. Whenever a use granted under a use or area variance has been discontinued, the use cannot be reestablished and any future use must be in conformity with this code. A use is deemed to have been discontinued under any of the following circumstances:

The vacancy of a building occupied by the use for a continuous period of one year.

ii.

The vacancy of land occupied by the use for a continuous period of 90 days, provided that the use of land for agricultural purpose is not deemed abandoned until put to some other lawful use.

iii.

The manifestation of a clear intent on the part of the owner to abandon the use.

iv.

A seasonal use is not deemed abandoned because of a vacancy between seasons.

(i)

Expiration. Unless otherwise specified, any order or decision of the zoning board of appeals granting a variance or special exception will expire if a building or occupancy permit is not obtained by the applicant within 120 calendar days from the date the decision becomes final.

(Ord. No. 9301A, 9-26-18)

Sec. 80-19.4. - Site plan review.

(a)

Purpose. The purpose of site plan review is to:

Encourage visually attractive developments.

ii.

Promote appropriate aesthetic and functional design considerations to protect and enhance property values.

iii.

Mitigate the impacts of high density development through enhanced design.

iv.

Allow commercial property to be developed in a vibrant and economically efficient manner that will contribute to the economic base of the community.

Facilitate a healthy and sustainable environment.

(b)

Applicability. These site plan review guidelines apply to:

All non-residential development, including mixed-use development. This applies to new construction or when an existing development is increased in total building footprint or gross floor area by 30 percent or more.

ii.

Multi-family dwellings. This applies to new construction or when an existing development is increased in total building footprint or gross floor area by 30 percent or more.

iii.

Attached single-family dwellings. This applies to new construction or when an existing development is increased in total building footprint or gross floor area by 30 percent or more.

iv.

GB district. This applies to new construction or when an existing development is increased in total building footprint or gross floor area by 30 percent or more.

All development within the W district and the WR district.

vi.

All development within designated main streets.

vii.

All residential subdivisions excluding administrative subdivisions.

viii.

For additions or exterior remodels, it is only required that the proposed improvements meet the design standards of this code and do not lead to further nonconformance with the guidelines. For example, if a property owner decides to increase the size of a blank wall, then the blank wall should meet the standards, but screening of existing dumpsters from view is not required if that area is not being improved.

ix.

Parking lot development of 20 vehicle spaces or greater.

Tier 3 solar energy systems.

xi.

Wireless telecommunications as follows:

(1)

In the I-G and WR districts, installation of telecommunications antennas and supporting facilities that do not include the construction of a new tower is permitted upon standard site plan approval from the planning board, per section 80-19.4, and upon the issuance of a building permit.

(2)

Installation of a new telecommunications tower in the I-G and WR districts, and installation of telecommunications towers, antennas, and supporting facilities of any kind in all other zoning districts requires expanded site plan approval from the planning board, per section 80-19.4, and upon the issuance of a building permit.

(c)

Optional sketch plan. An optional sketch plan conference may be held between the planning board and the applicant prior to the preparation and submission of a formal site plan. The intent of such a conference is to enable the applicant to inform the planning board of the proposal prior to the preparation of a detailed site plan, and for the planning board to review the basic site design concept, advise the applicant as to potential problems and concerns, and to generally determine the information to be required on the site plan. The application provided by the applicant should provide, at a minimum, the following:

A statement and rough sketch showing the locations and dimensions of principal and accessory structures, parking areas, access signs (with descriptions), existing and proposed vegetation, and other planned features, anticipated changes in the existing topography and natural feature, and, where applicable, measures and features to comply with flood hazard and flood insurance regulations.

ii.

A sketch or map of the area which clearly shows the location of the site with respect to nearby streets, rights-of-way, properties, easements, and other pertinent features.

iii.

A topographic or contour map of adequate scale and detail to show site topography.

iv.

Such other information as the planning department and/or the applicant deems is relevant for such sketch plan.

(d)

Application. An application for site plan approval must be made in writing to the planning board, accompanied by the required fee, and include the information listed below. If the sketch plan conference was held, the accompanying information must be drawn from the following checklist as determined necessary by the planning board at said sketch plan conference.

Title of drawing, including name and address of applicant and person responsible for preparation of such drawing.

ii.

North arrow, scale, and date.

iii.

Boundaries of the property plotted to scale.

iv.

Existing watercourses.

Grading and drainage plan, showing existing and proposed contours.

vi.

Location, design, type of construction, proposed use, and exterior dimensions of all buildings.

vii.

Location, design, and type of construction of all parking and truck loading areas, showing access and egress.

viii.

Provision for pedestrian access.

ix.

Location of outdoor storage, if any.

Location, design and construction materials of all existing or proposed site improvements including drains culverts, retaining walls, and fences.

xi.

Description of the method of securing public water and location, design and construction materials of such facilities.

xii.

Location of fire and other emergency zones, including the location of fire hydrants.

xiii.

Location, design, and construction materials of all energy distribution facilities, including electrical, gas, wind energy, and solar energy.

xiv.

Location, size, and design and type of construction of all proposed signs.

xv.

Location and proposed development of all buffer areas, including existing vegetative cover.

xvi.

Location and design of outdoor lighting.

xvii.

Identification of the location and amount of building area proposed for retail sales or similar commercial activity.

xviii.

General landscaping plan and planting schedule.

xix.

An estimated project construction schedule.

xx.

Record of application for and approval status of all necessary permits from state and county officials.

xxi.

Identification of any state or county permits required for the project's execution.

xxii.

Other elements integral to the proposed development as considered necessary by the planning board.

xxiii.

The following exceptions to these requirements apply:

For solar arrays of ten acres or more, only the application requirements of section 80-19.4(f) are required.

For wireless telecommunications, only the application requirements of section 80-19.4(g) are required.

(e)

Procedure.

The planning board will use the standards in each district along with any applicable district or use design standards to determine compliance. The design standards provided in this code are not intended to be all inclusive and other equal or better design techniques may be used to meet the requirement.

ii.

Where the consideration a site plan involves land within 500 feet of an adjoining municipality, or from the boundary of any existing or proposed county or state park, or from the right-of-way of any existing or proposed state or county highway, or from the existing or proposed right-of-way of any stream or drainage channel owned by the county, or state or county-owned land on which a public building is situated, the site plan must be referred to the Oneida County Planning Department at least 30 days before the public hearing and acted upon in accord with the provision of General Municipal Law, § 239.

iii.

The planning board's review of the site plan must include, as appropriate, but is not limited to, the following general considerations:

Location, arrangement, size, design and general site compatibility of buildings, lighting and signs.

Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.

Location, arrangement, appearance and sufficiency of off-street parking and loading.

Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.

Adequacy of stormwater and drainage facilities.

Adequacy of water supply and sewage disposal facilities.

Adequacy, type and arrangement of trees, shrubs and other landscaping constituting a visual and/or noise buffer between the applicant's and adjoining lands, including the maximum retention of existing vegetation.

Adequacy of fire lanes and other emergency zones and the provisions of fire hydrants.

Special attention to the adequacy and impact of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.

For solar arrays of ten acres or more, compliance with the standards of section 80-12.3(v).

For wireless telecommunications, compliance with the standards of section 80-12.3(z).

iv.

The following additional procedural regulations apply to site plan review for wireless telecommunications:

The applicant must notify adjacent property owners within 500 feet by first class mail of the filing of any application for site plan and expanded site plan review.

The planning board must conduct a public hearing within 62 days from the day an application is received for either site plan or expanded site plan review. The applicant must notify adjacent property owner within 500 feet by first class mail of the public hearing. Said notices must be mailed at least ten days prior to the public hearing.

The planning board must issue a decision within 30 days after the hearing. The time within which the planning board must render its written decision may be extended by mutual consent of the applicant and the planning board. Any denials by the planning board must be in writing and supported by substantial evidence.

The planning board may retain technical consultants as it deems necessary to provide assistance reviewing the site plan or expanded site plan application. The applicant will bear the reasonable costs associated with such consultation, to be assessed as an application fee. In no case may the fee be more than five percent of the total project cost as determined for building permit fee assessment purposes.

The planning board may review any site plan or expanded site plan approval at ten-year intervals, to determine whether the technology in the provision of telecommunications has changed such that the necessity for the approval has been eliminated or modified, and whether the approval should be modified or terminated as a result of such change.

(f)

Site plan application. Any site plan application shall include the following information:

Title of drawing, including name and address of applicant and person responsible for preparation of such drawing.

ii.

North arrow, scale, and date.

iii.

Boundaries of the property plotted to scale.

iv.

The location and arrangement of the proposed solar array, inverter, disconnects, and point of interconnection.

Property lines and physical features, including roads, for the project site drawn to scale.

vi.

Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, and screening vegetation or structures.

vii.

A one- or three-line electrical diagram detailing the solar energy system layout, solar collector installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and over current devices.

viii.

A preliminary equipment specification sheet that documents all proposed solar panels, significant components, mounting systems, and inverters that are to be installed. A final equipment specification sheet shall be submitted prior to the issuance of building permit.

ix.

Name, address, and contact information of proposed or potential system installer and the owner and/or operator of the solar energy system. Such information of the final system installer shall be submitted prior to the issuance of building permit.

Name, address, phone number, and signature of the project applicant, as well as all the property owners, demonstrating their consent to the application and the use of the property for the solar energy system.

xi.

Zoning district designation for the parcel(s) of land comprising the project site.

xii.

Property operation and maintenance plan. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing and trimming for the entire parcel(s).

xiii.

Erosion and sediment control and storm water management plans prepared to New York State Department of Environmental Conservation standards, if applicable, and to such standards as may be established by the planning board.

xiv.

Prior to the issuance of the building permit or final approval by the planning board or code enforcement office, but not required as part of the application, engineering documents must be signed and sealed by a New York State (NYS) licensed professional engineer or NYS registered architect.

xv.

Leases: If real property for the proposed project is to be leased, then the legal consent between the parties, specifying the use(s) of the land, including all easements and other agreements, must be submitted. Additionally, a document must be submitted that clearly delineates the party responsible for decommissioning including if the owner or operator of the solar energy system abandons it for any reason; examples of such document are a lease, memorandum of lease, or letter of agreement.

xvi.

Proof of secured special use permit from the zoning board of appeals.

xvii.

Site plan requirements.

Wildlife management plan. The applicant shall provide a site-specific wildlife management plan as part of its application for a permit for a tier 3 solar energy system;

General description of the entire property. Includes a brief description of the entire property such as location in the county, number of acres, past and current land uses, general forest and vegetation conditions, and number of compartments;

Land use and management objectives. Includes a priority listing of wildlife and other land use and management objectives. This section should also include a brief index of each compartment's management objectives;

Sketch maps. Provides a visual description (sketch) of the property. Will include several maps such as:

(i)

A base map that shows boundaries, roads, and other man-made features;

(ii)

A type map that differentiates cover types (timber stands, agricultural fields, and open fields);

(iii)

A soils map that shows the location of different soil types;

(iv)

A compartment map that indicates where habitat improvement practices have or will take place;

(v)

Solar array(s) locations to scale. Inverter location(s) to scale.

Details of the solar energy system including but not limited to:

(i)

An equipment specifications sheets for all solar panels, solar energy equipment, interconnection equipment and extensions thereto, mounting systems and any other significant components that are to be installed;

(ii)

The solar energy system's proposed solar energy system's capacity;

(iii)

The basis for the calculation of the solar energy system's capacity;

(iv)

Modeling of projected solar energy system's capacity for this location;

Location, type, and intensity of any lighting on the site;

Property boundaries and names of all adjacent landowners.

(g)

Site plan review applications for wireless telecommunications. For wireless telecommunication towers, antennas, and supporting facilities, the site plan review application must include the following:

Site plan review application. Each site plan review application must include following:

An environmental assessment form (long form) with the visual addendum.

A site plan prepared to scale and in sufficient detail and accuracy showing the following:

(1)

The exact location of the proposed telecommunications facility, together with any guy wires and guy anchors, if applicable.

(2)

The maximum height of the proposed telecommunications facility.

(3)

If applicable, a detail of tower type (monopole, guyed, freestanding or other).

(4)

If applicable, the location, type and intensity of any lighting on the tower.

(5)

Property boundaries and names of adjacent land owners.

(6)

Proof of the landowner's consent, if the applicant does not own the property.

(7)

The location of all other structures on the property and all structures on any adjacent property within ten feet of the property lines, together with the distance of those structures to any proposed telecommunications facility.

(8)

The location nature and extent of any proposed fencing, landscaping and/or screening.

(9)

The location and nature of proposed utility easements and access roads, if applicable.

A written report certifying that the applicant has made substantial effort to locate on municipal or governmental property, including the following information; the availability of any municipal or governmental property; the extent to which the municipal or governmental properties do or do not meet the applicant's needs, supported by engineer's certifications; and the reason why the subject site was chosen.

A certification from a qualified licensed engineer that the telecommunications facility meets applicable structural safety standards.

A certification from a qualified licensed engineer that the telecommunications facility will not interfere with local radio and/or television frequencies or with public safety communications.

An engineering analysis of radio emissions. The analysis must be prepared and signed by a New York State licensed professional engineer specializing in electrical engineering with expertise in radio communication facilities. The results from the analysis must clearly show that the power density levels of the electromagnetic energy generated from the proposed facility are within the allowable limits established by the FCC. If the telecommunications facility will be co-located with an existing facility, the cumulative effects of all facilities must also be analyzed. The power density analysis must be based on the assumption that all co-located antennas are simultaneously transmitting radio energy at a power level equal to the maximum antenna power rating specified by the manufacturer.

A "search ring" prepared, signed and sealed by a qualified radio frequency engineer registered in New York State and overlaid on an appropriate background map demonstrating the area within which the wireless communication facility needs to be located in order to provide the proper signal strength and coverage to the target area.

An agreement in writing, signed by the applicant and the owner of the property, stating that the applicant will remove the facility if it becomes obsolete or ceases to be used for its intended purpose for 12 consecutive months. The agreement must state that if the facility is not removed after the 12-month abandonment period and after the city has given 90 days' notice and an opportunity for a hearing to the applicant and the owner, the city may remove the facility and may charge any costs plus 50 percent to the applicant.

ii.

Expanded site plan review application. Each applicant for expanded site plan review must include the submittal requirements above (item i.) and the following additional submittal requirements:

A written report inventorying existing towers and/or structures within a reasonable distance of the proposed site and outlining opportunities for shared use of existing facilities as an alternative to a proposed new structure. The applicant must submit documentation demonstrating good faith efforts to secure shared use on existing towers and structures as well as documentation of the technical, physical, and/or financial reasons why shared usage is not proposed. Written requests for shared use must be provided where applicable.

A written agreement stating that the applicant is committed to colocation of telecommunications facilities and that the applicant will negotiate in good faith for shared use of the proposed tower in the future. The applicant shall also agree to the following:

(1)

To respond in a timely comprehensive manner to a request for information from a potential shared use applicant.

(2)

To negotiate in good faith concerning future requests for shared use of the new tower.

(3)

To allow shared use of the new tower if another applicant agrees in writing to pay charges.

(4)

To make no more than a reasonable charge for shared usage, based on generally accepted accounting principles.

(h)

Expiration. Construction in accordance with an approved site plan must be commenced within one year of the date of the meeting wherein the site plan was approved by the planning board. No deviation from the approved site plan is allowed without the planning board's approval. Any plans and/or drawings revised with the approval of the planning board must be filed by the applicant with the code enforcement officer. In the case of an approved deviation, construction must commence within one year of the date of the meeting wherein the planning board approved the revision. Failure to commence construction within the applicable one-year time period will result in the approval expiring and becoming null and void, unless the applicant files an application for an extension of time at least 30 days before the expiration of the applicable one-year period and the planning board approves said application.

(i)

Violation. Any person found to have violated any of the requirements of this section is deemed to have committed a misdemeanor pursuant to this code.

(Ord. No. 9301A, 9-26-18; Ord. No. 9563A, 1-25-23)

Sec. 80-19.5. - Zoning permit.

(a)

Purpose. A zoning permit allows for review of project compliance with this code.

(b)

Initiation. A property owner, or person expressly authorized by the property owner in writing, may initiate a zoning permit.

(c)

Applicability. The issuance of a zoning permit does not authorize the establishment or expansion of any use nor the development, construction, relocation, alteration, or moving of any structure. A zoning permit authorizes the preparation, filing, and processing of applications for any additional permits and approvals which may be required by the code and any other ordinances of the city, including a building permit, certificate of occupancy, and subdivision approval. A zoning permit is needed only for the first permit issued. For example, new construction that requires both a building permit and a certificate of occupancy requires a zoning permit to be issued only prior to the issuance of the building permit.

(d)

Procedure. Within 30 days of the submission of all required information, the codes enforcement officer will approve or deny the zoning permit. The codes enforcement office will maintain copies of all zoning permits.

(e)

Appeal. The final decision on a zoning permit may be appealed to the zoning board of appeals within 30 days after the filing of a decision.

(Ord. No. 9301A, 9-26-18)

Sec. 80-19.6. - Interpretation.

(a)

Authorization. The codes enforcement officer has the initial authority and responsibility to apply all terms, provisions and requirements of the city zoning code.

(b)

Application. Unless accompanied as part of another application or submitted under some other code provision, a party wishing an opinion must submit a written application to the codes enforcement office. The application must be accompanied by a detailed description of factors related to the issue including, but not limited to:

The amount and type of traffic generated.

ii.

The type of manufacturing or commercial process.

iii.

The nature of any machinery used.

iv.

Noise and odor characteristics, associated with the use or activity.

Outside storage of materials or products.

vi.

Type of structures required.

vii.

Character of activity to be conducted on the site.

viii.

Amount of parking required.

ix.

Number of persons who would occupy the premises at any one time.

Any other information which the codes enforcement officer or designee determines to be relevant to a determination of the issue.

In applying the provisions of this code, applicants will be held to be the minimum requirements for the promotion of public health, safety, and general welfare. When this code imposes a greater restriction on the use of buildings or land or on the heights of buildings, or requires larger open spaces, or makes any other greater requirement than are imposed or required by any other code, rule or regulation, or by easements, covenants or agreements, the provisions of this code govern.

(c)

Procedure. Within 30 days of the submission of all required information, the codes enforcement officer or designee will render a final decision on the issue. The decision must include findings of fact and conclusions for the particular aspects of the decision, based upon applicable criteria. The codes enforcement office will maintain a collection of such decisions.

(d)

Appeal. The final decision on an interpretation may be appealed to the zoning board of appeals within 30 days after the filing of a decision.

(Ord. No. 9301A, 9-26-18)

Sec. 80-19.7. - Appeals.

(a)

Authorization.

Any order, requirement, permit, or decision of any administrative official carrying out the administration or enforcement of this code may be appealed to the zoning board of appeals by the affected person, or by any office, department, board or commission of the city or, in the event a special use permit is required, by the affected person making application to the zoning board of appeals.

ii.

A written appeal or appeal application must be accompanied by the required fee(s) and submitted to the administrative official within a reasonable time not to exceed 60 days.

(b)

Procedure.

A request for an appeal must be submitted in duplicate on forms available from the codes enforcement office. One copy will be retained by the codes enforcement officer. Each application must be accompanied by an accurate and intelligible plan drawn to a suitable scale, if applicable. A nonreturnable fee must be paid upon filing of an application. Applications must be signed by property owners or a certified agent and submitted to the codes enforcement officer, who will then transmit to the zoning board of appeals all the papers constituting the record upon which the action is to be taken. The appeal will be placed on the calendar of the zoning board of appeals when the zoning board of appeals has substantial factual information to hear the case.

ii.

A public hearing is required for an appeal from the terms of the code. No appeal will be decided until after due notice has been given and a public hearing has been held. Notice of a public hearing is as follows:

By publication of a notice thereof once in one official paper of the city at least five days before the date of the hearing.

The zoning board of appeals will mail notice of the hearing to the appellant or applicant or his attorney or agent at least five days before the date of the hearing.

iii.

Where an appeal application involves land within 500 feet of an adjoining municipality, or from the boundary of any existing or proposed county or state park, or from the right-of-way of any existing or proposed state or county highway, or from the existing or proposed right-of-way of any stream or drainage channel owned by the county, or state or county-owned land on which a public building is situated, the appeal must be referred to the county planning department at least 30 days before the public hearing and acted upon in accord with the provision of General Municipal Law, § 239.

iv.

(g)

Withdrawals. The applicant may not amend or withdraw his application after the official notice of the public hearing has been transmitted to the official paper for publications. Nothing prohibits the applicant or appellant from requesting the zoning board of appeals to table the appeal until such time the applicant requests or the zoning board of appeals may establish. In no event, may the appeal remain tabled for more than 60 days. However, the zoning board of appeals, in its discretion or upon motion of the appellant, may retable an appeal for an additional 60 days. The zoning board of appeals may not retable a particular appeal more than two times.

(Ord. No. 9301A, 9-26-18)

Sec. 80-19.8. - Temporary use permit.

(a)

Purpose. A temporary use permit allows for the short-term use and/or placement of structures on a lot. The temporary use permit regulates temporary uses that occur entirely on and within a lot. Temporary uses located within the public right-of-way are regulated separately outside of this code.

(b)

Initiation. A property owner or person expressly authorized in writing by the property owner may initiate a temporary use permit application

(c)

Authority. The codes enforcement officer will review and make final decisions on temporary use permit applications.

(d)

Process. All applications for temporary use permit must be filed with the codes enforcement officer. The codes enforcement officer must render a decision on the temporary use permit within 15 days of the date the application is deemed complete, which includes payment of all fees. The codes enforcement officer must review and evaluate the application, pursuant to the standards of this code, and approve, approve with conditions, or deny the application.

(e)

Approval standards. All temporary uses must comply with the requirements of this code, including the temporary use standards of article IX, and the following standards:

Unless expressly allowed by this code, the temporary use or structure complies with the yard and bulk requirements of the district in which it is located.

ii.

The temporary use does not negatively impact the public health, safety, and welfare.

iii.

The temporary use is operated in accordance with such restrictions and conditions as the applicable police and fire department may require. The operator of the temporary use may be required employ appropriate security personnel.

iv.

The temporary use does not conflict with another previously authorized temporary use.

The temporary use provides adequate parking if needed. If located on a lot with an operational principal use, does not impact the parking and site circulation of the principal use.

(f)

Expiration. The temporary use permit is valid only for the time period granted as part of the approval.

(g)

Appeals. The final decision on a temporary use permit may be appealed to the zoning board of appeals within 30 days after the filing of a decision.

(Ord. No. 9301A, 9-26-18)

Sec. 80-19.9. - Sign permit.

(a)

Applicability. Unless a sign is specifically considered exempt from a sign permit, signs require a sign permit issued by the codes enforcement officer.

(b)

Application. An application for a sign permit must also contain the following information:

Name, address, and telephone number of applicant.

ii.

Location of structure or real property upon which the sign is to be attached or erected.

iii.

A drawing to scale showing the construction details, lettering, and/or pictorial matter, and position of lighting and other extraneous devices. This information is not required for the issuance of a temporary sign.

iv.

Written consent of the owner of the structure or real property where the sign will be erected in the event the applicant is not the property owner.

(c)

Process. All applications for sign permit must be filed with the codes enforcement officer. The codes enforcement officer must render a decision on the sign permit within 15 days of the date the application is deemed complete, which includes payment of all fees. The codes enforcement officer must review and evaluate the application, pursuant to the standards of this code, and approve, approve with conditions, or deny the application.

(d)

Expiration. A sign permit is valid for six months from the date of approval, and the sign must be erected, altered, or reconstructed within such time period. Following expiration of the period of time, the permit becomes null and void. This period of validity may be extended by the codes enforcement officer for an additional six months for good cause shown and upon payment of half of the original fee paid.

(Ord. No. 9301A, 9-26-18)

Sec. 80-19.10. - Environmental quality review.

(a)

Purpose. The general purpose of the State Environmental Quality Review (SEQR) Act is to incorporate the consideration of environmental factors into planning, review, and decision-making processes of local government at the earliest possible time. To this end, SEQR requires that all agencies determine whether the actions they directly undertake, fund, or approve may have a significant effect on the environment and, if it is determined that the action may have a significant effect on the environment, prepare or request an environmental impact statement. Environmental Conservation Law, article 8 and part 617 of the New York Code of Rules and Regulations (NYCRR) and any subsequent amendments thereto are hereby adopted by reference. A summary discussion of the basic SEQR review procedures follows to supplement 6 NYCRR part 617.

(b)

Process completion required. Where required under state law, completion of the SEQR process is required before an application is deemed complete. No final action will be taken on an application until it has complied with SEQR. Therefore, time deadlines for review and decision-making on applications do not begin until the SEQR process has been completed.

(c)

Applicability. Projects or physical activities that meet at least one of the following criteria are subject to review under SEQR. If the proposed action does not require a discretionary decision, there is no requirement for review under SEQR.

Are directly undertaken by the city.

ii.

Involve funding by the city.

iii.

Require a discretionary permit from the city or its appointed boards.

(d)

Classification of action. If a proposed action is subject to review under SEQR, the first step is to classify the action into one of four categories.

Classes of action requiring no further review under SEQR.

Exempt. These are actions such as maintenance, repair, emergency, ministerial action, or nondiscretionary permitting that do not require further review. See section 617.2(q) for the list of exempt actions.

Type II. An action that never produces significant environmental impacts and does not require the preparation of a determination of significance or a draft environmental impact statement (EIS). Type II actions are defined by the list in section 617.5.

ii.

Classes of action that require further review under SEQR.

Type I. An action that is likely to produce significant environmental impacts and may require the preparation of a draft environmental impact statement (EIS). At a minimum, a full environmental assessment form (EAF) must be completed and determination of significance made. Type I actions are defined by the list in 6 NYCRR 617.4, or any amendment or successor regulation or law adopted thereto.

Unlisted. All actions that are not type I, type II, exempt, or excluded are considered unlisted. At a minimum, an unlisted action requires that a short EAF be completed and a determination of significance made that may require the preparation of a draft environmental impact statement (EIS).

(e)

Environmental assessment forms. An EAF must be completed for all type I and unlisted actions. If a project involves review and approval by multiple official bodies, separate EAF approvals are needed from each.

Type I actions. A full EAF must be prepared for all type I actions. The project sponsor/applicant completes part 1 of the form and submits it to an involved agency. When the lead agency is established, that agency is responsible for completing parts 2 and 3 of the full EAF.

ii.

Unlisted actions. A short EAF must, at a minimum, be completed for all unlisted actions. The project sponsor/applicant completes part 1 of the form and submits it to an involved agency. When the lead agency is established, that agency is responsible for completing parts 2 and 3 of the short EAF. An agency may require a full EAF if the short EAF will not provide sufficient information to assess the environmental impact of the proposed action.

(f)

Lead agency.

If there is only one agency approving, funding, or directly undertaking an action, that agency is automatically the lead agency. If there are two or more involved agencies, a lead agency must be established by agreement of the agencies within 30 calendar days. If the lead agency cannot be agreed on, any of the involved agencies or the applicant can petition the state department of environmental conservation commissioner to resolve the dispute and designate the lead agency.

ii.

For zoning or subdivision actions reviewed by the city, the following bodies are the lead agency, unless otherwise agreed to pursuant to state law.

Map or text amendments to this chapter: City council.

Site plan and subdivision applications: Planning board.

Variances: Zoning board of appeals.

Special use permits: Zoning board of appeals.

(g)

Significance.

Determination of significance. For type I and unlisted actions, the lead agency has 20 calendar days to make its determination of significance. If the lead agency finds that it does not have sufficient information to make this determination, it will request that the applicant provide it.

ii.

Considerations. In determining significance the lead agency must consider:

The whole action.

The EAF and any other information provided by the applicant.

Any comments from involved agencies.

The criteria in section 617.11.

Public comments.

iii.

Negative declaration.

A negative declaration means that the lead agency has determined that the proposed action will not have a significant effect on the environment and a draft EIS will not be prepared. Every negative declaration must identify the relevant areas of environmental concern, analyze the identified concerns to determine if there will be a significant impact on the environment, and document the determination, in writing, showing why the environmental concerns will not be significant. A model negative declaration form can be found as appendix F of part 617.

The lead agency must maintain a file, readily accessible to the public, containing the EAF and the negative declaration. For a type I action, the lead agency must additionally comply with filing and notice requirements described in section 617.10.

iv.

Positive declaration. If the lead agency determines, after review of the EAF, that the proposed action has the potential for a significant impact on the environment or community character, it must prepare and file a notice of positive declaration and may require the preparation of a draft environmental impact statement (EIS) that includes information specified in section 617.14. A model positive declaration form can be found as appendix E of part 617.

Draft EIS. The applicant has the right to prepare the draft EIS. If the applicant refuses to prepare the draft EIS, the lead agency has the option of preparing the draft EIS for the applicant or tabling the proposed action for lack of a complete application. If the lead agency decides to prepare the draft EIS, it may hire a consultant and charge the applicant a fee to recover the direct costs of preparation.

(h)

Acceptance of draft EIS. After receiving a draft EIS, the lead agency has 30 days to determine whether the document is adequate for public review in terms of scope and content as described in section 617.14. If the lead agency decides that the draft EIS is not adequate, it will return the document to the applicant with a written identification of the deficiencies. If the lead agency determines that the draft EIS is adequate, it will issue a notice of completion of a draft EIS and file it as prescribed in section 617.10. A sample notice of completion of a draft EIS form is included as appendix G of part 617.

(i)

Public comment period. The notice of completion of a draft EIS starts the public comment period that must be a minimum of 30 days, during which all concerned parties are encouraged to offer their comments to the lead agency. The public comment period must continue at least ten days following a public hearing, if one is held.

(j)

Public hearing. When the lead agency accepts the draft EIS, it must decide whether to hold a public hearing or not. If a hearing is held, the lead agency must comply with notice and filing requirements identified in section 617.10. A hearing must provide at least 14 days of public notice and must start within 60 days from the date of filing the notice of completion of the draft EIS.

(k)

Notice of completion of final environmental impact statement. Upon completion or receipt of the final EIS, the notice of completion of the final EIS must be prepared and filed as described in section 617.10. A sample notice of a completion of the final EIS form is included as appendix H of part 617.

(l)

Findings statement. All involved agencies must prepare their own SEQR findings statement after the final EIS has been filed and before the agency makes a decision. The lead agency must prepare its findings statement within ten to 30 days following the filing of the notice of completion of the final EIS. The findings statement should discuss the balance of environmental impacts versus the needs and benefits of the proposed action.

Positive findings statement: A positive findings statement means that the lead agency has determined that the proposed action is approvable after consideration of the final EIS and demonstrates that the action chosen is one that minimizes or avoids environmental impacts to the maximum extent practicable in terms of location, layout and design, scale or magnitude, timing and use.

ii.

Negative findings statement: If the action is not approvable, the lead agency must make a negative findings statement documenting the reasons for the denial. A sample findings statement form may be found as appendix I of part 617. Findings of each agency must be filed with all other involved agencies and the applicant.

(Ord. No. 9301A, 9-26-18)

Sec. 80-19.11-1. - Authority.

The City of Rome hereby exercises its authority and right under sections 19 and 20 of the City Law and section 20 of the Municipal Home Rule Law of the State of New York to adopt zoning provisions that advance and protect the health, safety and welfare of the community, and, in accordance with the City law of New York State, "to make provision for, so far as conditions may permit, the accommodation of solar energy systems and equipment and access to sunlight necessary therefor."

(Ord. No. 9563A, 1-25-23)

Sec. 80-19.11-2. - Purpose.

This chapter is adopted to advance and protect the public health, safety, and welfare of the citizens of the city by creating regulations for the installation and use of solar energy generating systems and equipment, with the following objectives:

(a)

To take advantage of a safe, abundant, renewable and non-polluting energy resource;

(b)

To decrease the cost of electricity to the owners of residential and commercial properties, including single-family houses;

(c)

To increase employment and business development in the city, to the extent reasonably practical, by furthering the installation of solar energy systems;

(d)

To mitigate the impacts of solar energy systems on environmental resources such as important agricultural lands, forests, wildlife and other protected resources,

(e)

To create synergy between solar development and the City of Rome Comprehensive Plan, Sustainability Plan, Brownfield Opportunity Area plans, and any other plan adopted by the city; and,

(f)

To mitigate the impacts of solar energy systems on environmental resources such as important agricultural lands, forests, wildlife, and other protected resources and to protect and promote scenic area environmental resources by minimizing solar energy systems' siting impacts on environmental resources including flood plains, sand plains, historic sites, conservation easements, trails, parklands, wetlands, wildlife and scenery, and areas for recreational and outdoor activities.

(Ord. No. 9563A, 1-25-23)

Sec. 80-19.11-3. - Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

Applicant: Any person, firm, partnership, association, corporation, company or organization of any kind who or which requests any approval or permit to construct a solar energy system.

Building-integrated solar energy system: A combination of solar panels and solar energy equipment integrated into any building envelope system such as vertical facades, semitransparent skylight systems, roofing materials, or shading over windows, which produce electricity for onsite consumption.

Building-mounted solar energy system: A building-mounted solar energy system may be mounted on the roof or wall of a legally permitted principal building or accessory structure that produces electricity for onsite or offsite consumption.

Facility area: The cumulative land area occupied during the commercial operation of the solar energy generating facility. This shall include all areas and equipment within the facility's perimeter boundary - including the solar energy system, onsite interconnection equipment, onsite electrical energy storage equipment, and any other associated equipment - as well as any site improvements beyond the facility's perimeter boundary such as access roads, permanent parking areas, or other permanent improvements. The facility area shall not include site improvements established for impact mitigation purposes, including but not limited to vegetative buffers and landscaping features.

Glare: The effect by reflections of light with intensity sufficient as determined in a commercially reasonable manner to cause annoyance, discomfort, or loss in visual performance and visibility in any material respects.

Ground-mounted solar energy system: A solar energy system that is anchored to the ground via a pole or other mounting system, detached from any other structure, which generates electricity for onsite or offsite consumption.

Nameplate capacity: A solar energy system's maximum electric power output under optimal operating conditions. Nameplate capacity may be expressed in terms of alternating current (AC) or direct current (DC).

Native perennial vegetation: native wildflowers, forbs, and grasses that serve as habitat, forage and migratory way stations for pollinators and shall not include any prohibited or regulated invasive species as determined by the New York State Department of Environmental Conservation.

Pollinator: bees, birds, bats and other insects or wildlife that pollinate flowering plants, and includes both wild and managed insects.

Prime farmland. Land, designated as "farmland of statewide importance" in the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS)'s Soil Survey Geographic (SSURGO) Database on Web Soil Survey, that is of statewide importance for the production of food, feed, fiber, forage, and oilseed crops as determined by the appropriate state agency or agencies. Farmland of statewide importance may include tracts of land that have been designated for agriculture by state law.

Solar access: Space open to the sun and clear of overhangs or shade so as to permit the use of active and/or passive solar energy systems on individual properties.

Solar energy equipment: Electrical material, hardware, inverters, conduit, storage devices, or other electrical and photovoltaic equipment associated with the production of electricity.

Solar energy system: The components and subsystems required to convert solar energy into electric energy suitable for use. The term includes, but is not limited to, solar panels and solar energy equipment. The area of a solar energy system includes all the land inside the perimeter of the solar energy system, which extends to any interconnection equipment. A solar energy system is classified as a tier 1, tier 2, or tier 3 solar energy system as follows:

(a)

Tier 1 solar energy systems include the following:

Roof-mounted solar energy systems.

ii.

Building-integrated solar energy systems.

(b)

Tier 2 solar energy systems include ground-mounted solar energy systems with a nameplate generating system capacity up to 25 kW AC and up to 1,500 square feet and that generates no more than 110 percent of the electricity consumed on the site over a 12-month period.

(c)

Tier 3 solar energy systems are systems that are not included in the list for tier 1 and tier 2 solar energy systems located on land primarily used to covert solar energy into electricity for offside energy consumption.

Solar panel: A photovoltaic device capable of collecting and converting solar energy into electricity.

Solar shingles: Solar shingles, also called photovoltaic shingles, are solar cells designed to look like conventional asphalt shingles.

Storage battery: A device that stores energy and makes it available in an electrical form.

(Ord. No. 9563A, 1-25-23)

Sec. 80-19.11-4. - Applicability.

(a)

The requirements of this chapter apply to all solar energy systems permitted, installed, or modified in the city after the effective date of this section, excluding general maintenance and repair.

(b)

Solar energy systems constructed or installed prior to the effective date of this section are not required to meet the requirements of this section.

(c)

Modifications to an existing solar energy system that increase the facility area by more than five percent of the original facility area (exclusive of moving any fencing) shall be subject to this section.

(d)

All solar energy systems 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 City of Rome Code.

(Ord. No. 9563A, 1-25-23)

Sec. 80-19.11-5. - General requirements.

•

A building permit shall be required for the installation of all solar energy systems.

•

The initial building permit fee shall be $100.00 for tier 1 solar energy systems, $200.00 for tier 2 solar energy systems, and $1,000.00 per MW AC for tier 3 solar energy systems, based on the maximum nameplate capacity. The building permit fee may be changed from time to time by resolution of the common council.

•

Issuance of permits and approvals by the planning board and code enforcement office shall include review pursuant to the State Environmental Quality Review Act, ECL Article 8 and its implementing regulations at 6 NYCRR Part 617 ("SEQRA").

•

Notice to landowners. For tier 3 solar energy systems, project applicant must provide notice of the signing of a lease of land, option to lease land, or any other contract for compensation for anticipated adverse impacts with a landowner associated with a project proposal, to all landowners within 1,000 feet of the property line of the land under contract. "Notice" shall be deemed sufficient if such notice is mailed by registered mail, postage prepaid, and deposited into the exclusive care and custody of the United States Postal Service within 15 business days of the signing of the contract.

•

Local land use boards are encouraged to condition their approval of proposed developments on sites adjacent to solar energy systems so as to protect their access to sufficient sunlight to remain economically feasible over time.

•

For solar energy systems subject to site plan review, the planning board 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 in the processing of an application under this law.

•

Solar energy systems and solar energy equipment shall be certified under the applicable electrical and/or building codes as required.

•

No grid-tied photovoltaic system may be installed until evidence has been provided that it has been approved by the utility company to install the system.

•

If solar storage batteries are included as part of the solar energy system, they must be placed in a secure container or enclosure meeting the requirements of applicable residential, building, fire and electric codes when in use, and when no longer used shall be recycled and/or disposed of in accordance with the laws and regulations of the city and other applicable laws and regulations.

(Ord. No. 9563A, 1-25-23)

Sec. 80-19.11-6. - Permitting requirements for tier 1 solar energy systems.

All tier 1 solar energy systems shall be permitted in all zoning districts and shall be exempt from site plan review under the local zoning code or other land use regulation, subject to the following conditions for each type of solar energy system:

(a)

Building mounted solar energy systems.

A building-mounted system may be mounted on the roof or wall of a principal building or accessory structure.

Roof-mounted solar energy systems shall incorporate, when feasible, the following design requirements:

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 on pitched roofs shall not extend higher than the highest point of the roof surface on which they are mounted or attached.

Solar panels 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.

iii

Glare: All solar panels shall have anti-reflective coating(s). Solar panels must be placed so that concentrated solar radiation or glare is not directed onto nearby properties or roadways.

Height: All roof-mounted solar energy systems shall be subject to the maximum height regulations specified for principal and accessory buildings within the underlying zoning district.

(b)

Building integrated solar energy systems shall be shown on the plans submitted for the building permit application for the building containing the system.

(c)

Tier 1 solar energy systems to be installed in the City of Rome Historic District shall require review by and approval of the planning board subject to article XVIII, Historic District Regulations.

(Ord. No. 9563A, 1-25-23)

Sec. 80-19.11-7. - Permitting requirements for tier 2 solar energy systems.

All tier 2 solar energy systems are permitted through the issuance of a special use permit by the zoning board of appeals as defined in section 80-19.2 in the districts identified in table 80-12-1: Use matrix and shall be exempt from site plan review subject to the following requirements.

(a)

Location: Permitted only in the interior side or rear yard.

(b)

Glare: All solar panels shall have anti-reflective coating(s). Solar panels must be placed so that concentrated solar radiation or glare is not directed onto nearby properties or roadways.

(c)

Lot size and lot coverage: Tier 2 solar energy systems shall comply with the existing lot size and lot coverage requirement specified for the underlying zoning district.

(d)

Setbacks: Tier 2 solar energy systems shall be subject to the setback regulations specified for the principal structures within the underlying zoning district. All ground-mounted solar energy systems shall only be installed in the side or rear yards in residential districts.

(e)

Height: The maximum height of the district shall be eight feet in residential districts and ten feet in all other districts.

(f)

Screening and visibility.

All tier 2 solar energy systems shall have all views minimized from adjacent properties to the maximum extent practicable using architectural features, earth berms, landscaping, or other screening methods that will harmonize with the character of the property and surrounding area.

ii.

Solar energy equipment shall be located in a manner to reasonably avoid and/ or minimize blockage of views from surrounding properties and shading of property to the north, while still providing adequate solar access.

(g)

Special use permit approved by zoning board of appeals.

(h)

Tier 2 solar energy systems to be installed in the city historic district shall require review by and approval of the planning board subject to article XVIII, Historic District Regulations.

(Ord. No. 9563A, 1-25-23)

Sec. 80-19.11-8. - Permitting requirements for tier 3 solar energy systems.

Tier 3 solar energy systems are permitted through the issuance of a special use permit by the zoning board of appeals as defined in section 80-19.2 in the districts identified in table 80-12-1: Use matrix subject to the following requirements.

(a)

Application.

Contents. Applications must contain, at a minimum, the following:

Appropriate fee as established by the common council;

Engineered stamped plans;

Site plan as hereinafter described;

Proposed decommissioning plan, as hereinafter described with confirmation of appropriate security and calculation of amount of security required;

Proof of interconnectability with local electric service provider;

Proposed notice of public hearing; list of all property owners within 1,000 feet of the property borders of the proposed site;

SEQRA documentation reasonably acceptable to the city's attorney and engineer.

ii.

Review.

Reviewed by the city code enforcement officer and/or city engineer for completeness.

Applicants shall be advised within 15 business days of the completeness of their application or any deficiencies that must be addressed prior to substantive review.

The city, at the expense of the solar energy system applicant, shall employ its own consultant(s) to examine the application and related documents and make recommendations as to whether the criteria for granting the permit have been met, including the applicant's conclusions regarding safety analysis, visual analysis, structural integrity and inspection, sound limits, deicing, land use and management, wildlife management, stormwater management and decommissioning plan aspects are valid and supported by generally accepted and reliable engineering and technical data and standards.

iii.

Referred to Oneida County Department of Planning.

The application shall be referred to the Oneida County Department of Planning pursuant to General Municipal Law 239-m if required.

iv.

Public hearing.

The application shall be subject to a public hearing to hear all comments for and against the application, the zoning board of appeals shall have a notice printed in a newspaper of general circulation in the city at least five days in advance of such hearing.

Applicants shall have delivered the notice by first class mail to all landowners within 1,000 feet of the property line at least ten days prior to such hearing. Proof of mailing shall be presented to the zoning board of appeals at the public hearing.

Decision.

Upon closing of the public hearing, the zoning board shall take action on the application within 62 days of the public hearing, which can include approval, approval with conditions, or denial. The 62-day period may be extended upon consent by both the zoning board and applicant.

vi.

Life of permit.

The permit and approval for a solar energy system shall be valid for a period of 24 months. Permit extensions may be granted by the chief code enforcement officer as necessary for a total approval period of up to 60 months.

vii.

General requirements.

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 uniform code requirements to ensure emergency access, while minimizing the extent of impervious materials and soil compaction.

Signage.

(i)

No signage or graphic content shall be displayed on the solar energy systems except the manufacturer's name, equipment specification information, safety information, and 24-hour emergency contact information. Said information shall be depicted within an area no more than two square feet.

(ii)

As required by National Electric Code (NEC), disconnect and other emergency shutoff information shall be clearly displayed on a light reflective surface. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.

(iii)

No system or any of its components shall be illuminated, except to the degree minimally necessary for public safety and or maintenance and only in compliance with article XVI signs.

Glare. All Solar panels shall have anti-reflective coatings. Solar panels must be placed so that concentrated solar radiation or glare is not directed onto nearby properties or roadways.

Lighting. Lighting of the solar energy systems shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties.

(i)

Motion-activated or staff-activated security lighting around the project site or accessory structure entrance may be installed provided that such lighting does not project off the project site. Such lighting should only be activated when the area within the fenced perimeter has been entered.

(ii)

Any exterior lighting installed shall be motion activated to provide the least visual effect practical on the contiguous properties and their structures, any vehicles on or off the road, any airplanes, or uses by other possible impacted entities.

Setbacks. A setback of 200 feet from city roads, from the right of way of any public road or private right of way shall be required. A setback of 200 feet from existing non-residential structures and 300 feet from residential structures, shall be required. A 200-foot setback from all property lines shall also be required.

Fencing. All mechanical equipment, including any structure for storage components, shall be enclosed by a seven-foot fence or current requirement set by National Electrical Code (NEC), with a self-locking gate to prevent unauthorized access. All fencing must be located entirely upon the lot and not on the public right of way. Barbed wire is prohibited.

Prime farmland. Any tier 3 solar energy system located on the areas that consist of prime farmland or farmland of statewide importance shall not exceed 30 percent of the entire lot. All tier 3 solar energy systems located on prime farmland shall be constructed in accordance with the construction guidelines of the New York State Department of Agriculture and Markets.

Sensitive areas. Tier 3 solar energy systems shall not be located within the following areas of potential sensitivity: (i) 100-year flood hazard zones considered an AE Zone on the FEMA Flood Maps; and (ii) properties included on the New York State or National Register of Historic Places, or otherwise identified as, or eligible for inclusion as, historic and/or culturally significant resources by the New York State Historic Preservation Office or other similar historic preservation authority; and (iii) properties located in the city historic district.

Environmental resources.

(i)

Tree-cutting. Removal of existing trees larger than six inches in diameter should be minimized to the extent possible.

(ii)

Tier 3 solar energy system owners shall develop, implement, and maintain native vegetation to the extent practicable pursuant to a vegetation management plan by providing native perennial vegetation and foraging habitat beneficial to game birds, songbirds, and pollinators. To the extent practicable, when establishing perennial vegetation and beneficial foraging habitat, the owners shall use native plant species and seed mixes and seed all appropriate areas within the facility area. Any project which is designed to incorporate agricultural or farm-related activities or uses within the facility area may be excluded from this requirement based on the amount of space actually occupied by the agricultural use(s). This exclusion will only be allowed based on a determination by the code enforcement officer that these lands are being used for actual agricultural uses.

(iii)

Use integrated pest management practices to refrain from/limit pesticide use (including herbicides) for long-term operation and site maintenance.

(iv)

The applicant shall adhere to all local, state and federal laws and regulations in effect at the time of decommissioning regarding the disposal and recycling of the solar energy system.

Maintenance plan. Owners shall submit a maintenance plan of the proposed solar installation to address maintenance of ground cover, landscaping/buffers, fencing, etc. This maintenance plan shall be appropriate to maintain the expected character of the area. No system shall be used or constructed such that it becomes a private or public nuisance or hazard.

A solar PV panel deicing plan shall not include application of chemicals (excluding water). Use of chemical-based cleaning for panels is prohibited.

Site access shall be maintained, including snow removal at a level acceptable to the local fire department.

Solar energy systems, once installed, shall not consistently produce sound in excess of existing ambient noise levels at the property lines and will be subject to enforcement of sections 26-136 and 80-13.4.

Traffic routes. Construction and delivery vehicles shall use traffic routes established as part of the application review process. Factors in establishing such corridors shall include

(i)

Minimizing traffic impacts from construction and delivery vehicles;

(ii)

Minimizing related traffic during times of school bus activity;

(iii)

Minimizing wear and tear on local roads (if use of such roads is permitted under this local law); and

(iv)

Minimizing impacts on local business operations. Solar energy permit conditions may limit related traffic to specified routes, and include a plan for disseminating traffic route information to the public.

Road remediation. If any load exceeds the limits of Section 385 of the New York State Vehicle and Traffic Law, the applicant shall be responsible for remediation of damaged roads upon completion of the installation of the project. A public improvement bond shall be posted prior to the issuance of any building permit in an amount, determined by the planning board, sufficient to compensate the city for any damage to local roads, if such use is authorized under this local law, that is not corrected by the applicant. An applicant shall submit an estimate of costs for restoration to the pre-construction quality and character of local roads for the city's approval prior to construction, and this estimate shall be the basis for the bond.

Construction and maintenance. Prior to final approval for a tier 3 solar energy system and any associated accessory structures, the owner and/or operator shall post a surety in an amount and form acceptable to the city for the purposes of construction and maintenance. The amount shall be up to 40 percent of the construction value. Acceptable forms shall include, in order of preference: cash; irrevocable letter of credit; or a bond that cannot expire; or a combination thereof. Such surety will be used to guarantee compliance with the conditions of the approval for the tier 3 solar energy system. If the owner of the site fails to comply with any conditions of the approval during construction or as part of the long-term maintenance of the site, all costs of the city incurred to ensure compliance with conditions of the approval shall be paid using the surety provided by the owner and/or operator.

Appearance and buffering. Tier 3 solar energy systems shall have the least visual effect practical on the environment, as determined by the zoning board. Based on site specific conditions, including topography, the use of contiguous properties and their structures, any vehicle on or off the road, any airplanes, or uses by other possible impacted entities, reasonable efforts shall be made to minimize visual impacts by preserving natural vegetation, and providing landscape screening abutting residential properties and roads, but screening should minimize the shading of solar panels.

Right to inspect. Tier 3 solar energy system's owner or operator and any and all lessees, renters and/or operators of the solar energy system shall place, construct, modify, and maintain the solar energy system in accordance with all applicable technical, safety, fire, building, and zoning codes, laws, ordinances, and regulations, and the solar energy system's placement, construction, modifications, and maintenance shall be inspected at the city's discretion and at required intervals during and after construction to verify compliance.

Any inspections that are beyond the city's scope or ability shall be at the expense of the solar energy applicant or subsequent owner.

Prior to final electrical inspection, the applicant must provide evidence that the decommissioning plan was recorded with the city clerk and that the city treasurer is in receipt of the required decommissioning security.

(b)

Decommissioning. A decommissioning and site restoration plan (the "plan") for site restoration, in substantially the same form and with the same content as required by 19 NYCRRR § 900-10.2 (2021), is required in the event the facility cannot be completed, the facility ceases operations for 180 days or more, or after end of the useful life of the facility. Applicants for a tier 3 permit must accompany their application with a $10,000.00 fee to defray the costs of an engineering consultant retained by the city to review the applicant's decommissioning and site restoration estimate in accordance with section (v) of this subdivision. If this cost is less than $10,000.00, the city will return the balance to the applicant.

The plan must be prepared by a New York State licensed engineer.

ii.

The plan must be signed by the owner and/or operator of the solar energy system.

iii.

The plan shall be submitted by the applicant and must:

Include a decommissioning and site restoration cost estimate, excluding projected salvage value;

Include a decommissioning and site restoration time to completion estimate;

Provide that all facility components including, but not limited to, aboveground and belowground equipment, structures, foundations, utility poles and fences, will be removed four feet below grade in agricultural land and three feet below grade in non-agricultural land;

Provide for removal and restoration of access road locations, where appropriate, based on the facility layout;

Provide an overall decommissioning and site restoration estimate that adds a 50 percent contingency cost to the decommissioning and site restoration estimate. If the solar energy system spans multiple municipalities, the overall amount should be allocated among all municipalities hosting any portion of the project based on the estimated cost associated with the removal and restoration of the facilities located in each municipality;

Provide that all hazardous waste will be properly disposed of upon decommissioning in accordance with all applicable requirements and that any eligible materials will be recycled to reduce the impact on landfills;

Provide for restoration of the surface grade and soil; and

Provide for re-vegetation of restored soil areas with native seed mixes, excluding any invasive species.

iv.

The city may review the applicant's decommissioning and site restoration estimate for accuracy and reasonability with the assistance of a third-party consultant at the applicant's expense. The estimate must be modified by adopting any recommendations made on the basis of this review.

The owner and/or operator is required to provide the city clerk with an updated decommissioning plan prepared by a New York State licensed engineer every five years to determine accuracy in the time and cost of decommissioning. The city clerk shall provide a copy to the code enforcement office and the city engineer for their review.

vi.

Security.

The deposit, executions, or filing with the city clerk, in order of preference, of cash, surety bond, or irrevocable letter of credit, 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 security shall at a minimum be 125 percent of the cost of removal of the tier 3 solar energy system and restoration of the property with an escalator of two percent annually for the life of the solar energy system. The decommissioning amount shall not be reduced by the amount of the estimated salvage value of the solar energy system.

Any letter of credit or bond must be provided by a financial institution or bond issuing company licensed and authorized to do business in the State of New York with an A.M. Best rating of A or better (or equivalent). In any event, the institution and security must be acceptable to the corporation counsel, in his or her sole discretion.

The letter of credit, bond or security shall continue to secure the decommissioning plan despite any subsequent changes in ownership or management of the project.

The owner and/or operator shall deposit with the city any additional security required as a result of the periodic review of the decommissioning plan.

In the event of default upon performance of such conditions, after proper notice and expiration of any cure periods, the cash deposit, bond, or security shall be forfeited to the city, which shall be entitled to maintain an action thereon. The cash deposit, bond, or security shall remain in full force and effect until restoration of the property as set forth in the decommissioning plan is completed.

Upon cessation of electricity generation of a solar energy system on a continuous basis for 180 days, the city may notify and instruct the owner and/or operator of the solar energy system to implement the decommissioning plan, or the city may do so. The decommissioning plan must be completed within 180 days of notification.

If the owner and/or operator fails to comply with decommissioning upon any abandonment, the city may, at its discretion, utilize the proceeds from the security for the removal of the solar energy system and restoration of the site in accordance with the decommissioning plan.

vii.

Ownership changes.

The owner and/or operator of the project shall give written notice to the city of any proposed change in ownership or change in operation of the project as soon as possible but not later than 60 days prior to the change in ownership or operation. Such notice shall contain:

(i)

A statement signed by the successor owner or operator that such person/entity assumes all of the obligations of the permit including the site plan approval, and the decommissioning plan.

(ii)

Acknowledgment by the security provided that the obligations of the financial institution shall continue despite the proposed change in ownership or operation. In the alternative, the notice may contain a new letter of irrevocable credit or new surety bond in full compliance with all requirements of this local law.

In the event of failure to give notice the permit shall be deemed terminated and the project shall be deemed abandoned. The city may immediately give notice to commence decommissioning pursuant to the decommissioning plan.

In the event that such notice is given, then the permit shall remain in effect.

The decommissioning plan must be recorded with the county clerk as an irrevocable deed restriction on properties where project components are sited for the benefit of the city.

(c)

Special use permit standards.

Multiple lots. At the discretion of the zoning board, where a tier 3 solar energy system's facility area comprises multiple lots (regardless of ownership by an individual or multiple participating landowners), the combined lots may be treated as a single lot for the purposes of applying specific standards and requirements, including but not limited to lot size, and setback requirements.

ii.

Lot size. The property on which the tier 3 solar energy system is placed shall meet the lot size requirements of the underlying zoning district.

iii.

Height. The tier 3 solar energy systems shall comply with the building height limitations for principal structures of the underlying zoning district. This height requirement can be waived by the zoning board if the panels are being raised to accommodate continued or new agricultural purposes.

iv.

Lot coverage. The total coverage of the facility area shall not exceed 50 percent.

Screening and visibility.

Require a view shed analysis from neighboring adjacent residential properties and rights-of-way.

Solar energy systems two acres or less shall:

(i)

Have views minimized from adjacent properties to the extent reasonably practicable using architectural features, earth berms, landscaping, or other screening methods that will harmonize with the character of the property and surrounding area.

(ii)

Conduct a visual assessment of the visual impacts of the solar energy system on public roadways and adjacent properties. At a minimum, a line-of-sight profile analysis shall be provided. Depending upon the scope and potential significance of the visual impacts, additional impact analyses, including for example a digital viewshed report, may be required to submitted by the applicant.

Solar energy systems larger than two acres shall be required to:

(i)

Conduct a digital viewshed analysis.

Submit a screening and landscaping plan to show adequate measures to screen through landscaping, grading, or other means so that views of solar panels and solar energy equipment shall be minimized as reasonably practical from public roadways and adjacent properties to the extent feasible.

The screening and landscaping plan shall specify 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. The landscaped screening shall be comprised of a minimum of one evergreen tree, at least six feet high at time of planning, plus supplemental shrubs at the reasonable discretion of the zoning board, all planted within each ten linear feet of the solar energy system. Existing vegetation may be used to satisfy all or a portion of the required landscaped screening. A list of suitable evergreen tree and shrub species should be provided by the city.

The zoning may elect to waive certain screening and landscaping requirements in select locations based on an applicant's demonstration of non-impact or impact mitigation on adjacent parcels.

Ownership changes. If the owner or operator of the solar energy system changes or the owner of the property changes, the special use permit shall remain in effect, provided that the successor owner or operator assumes in writing all of the obligations of the decommissioning plan. A new owner or operator of the solar energy system shall notify the zoning enforcement officer of such change in ownership or operator within 30 days of the ownership change.

(Ord. No. 9563A, 1-25-23; Ord. No. 9748, 9-25-24)

Sec. 80-19.11-9. - Host community agreements.

Nothing in this local law shall be read as limiting the ability of the city to enter into host community agreements with any applicant to compensate the city for expenses or impacts on the community. The city shall require any applicant to enter into an escrow agreement to pay the engineering and legal costs of any application review, including the review required by SEQRA. Notwithstanding anything to the contrary provided herein, any and all city agreements or permit conditions pertaining to a tier 3 solar energy system shall be filed with the city and in place prior to the issuance of the solar permit, unless the approval for such tier 3 solar system permit expressly provides otherwise, including host community agreement, decommissioning plan and proof of funds or escrow accounts, if required.

(Ord. No. 9563A, 1-25-23)

Sec. 80-19.11-10. - Enforcement.

(a)

Any person, corporation or other entity that violates any provision of the aforesaid provisions shall be guilty of a summary offense and, upon conviction thereof, shall be subject to the maximum fine allowable under this Code for said violation. A separate offense shall arise for each day or portion thereof in which a violation occurs and for each section of this Code found to be violated. The city may also enforce the aforesaid prohibitions through an action in equity brought in New York State Supreme Court. In such action, the city shall be entitled to recover all costs of litigation, including, without limitation, expert and attorneys' fees.

(b)

If the owner and/or operator of the project/site fails to comply with any conditions of the approval during construction or as part of the long-term maintenance of the site, all costs of the city incurred to ensure compliance with conditions of the approval shall be paid using the security provided by the owner and/or operator. Failure to comply with the conditions of the approval or to maintain an acceptable level of security will result in revocation of the certificate of occupancy.

(Ord. No. 9563A, 1-25-23)

Sec. 80-19.11-11. - Severability.

The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.

(Ord. No. 9563A, 1-25-23)

Rome City Zoning Code

ARTICLE XIX.

ZONING APPLICATIONS

Sec. 80-19.1. - Zoning amendments.

(a)

Initiation.

The common council may from time to time on its own motion, amend, supplement, repeal, or change the regulations and district boundaries established by this code.

ii.

iii.

(b)

(c)

Procedure.

ii.

iii.

iv.

vi.

The owners of 20 percent or more of the land area included in such proposed change.

The owners of 20 percent or more of the area of land immediately adjacent to the land included in such proposed change, extending 100 feet therefrom.

The owners of 20 percent or more of the area of land directly opposite thereto, extending 100 feet from the street frontage of such opposite land.

(Ord. No. 9301A, 9-26-18)

Sec. 80-19.2 - Special use permit.

(a)

(b)

Authorization.

ii.

(c)

(d)

(e)

Procedure.

ii.

iii.

iv.

(f)

ii.

iii.

iv.

The use makes adequate provision for off-street parking in accordance with this code.

vi.

vii.

viii.

The use will not conflict in any way with the city comprehensive plan and other adopted city plans.

(g)

Conditions.

ii.

iii.

(h)

(i)

(j)

(Ord. No. 9301A, 9-26-18; Ord. No. 9563A, 1-25-23)

Sec. 80-19.3. - Variance.

(a)

(b)

Specific property restriction.

Any use or area variance pertains only to the specific property for which the application was made. Such variance does not apply to any other property.

ii.

Any enlargement, contraction, or alteration of a use variance requires resubmittal of a use variance application for such change.

(c)

The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence.

ii.

The alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood.

iii.

The requested use variance, if granted, will not alter the essential character of the neighborhood.

iv.

The alleged hardship has not been self-created.

That the granting of the variance requested will not confer a special privilege to the property that is denied other lands in the same district.

(d)

Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance.

ii.

Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance.

iii.

Whether the requested area variance is substantial.

iv.

Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.

Whether the alleged difficulty was self-created, which is relevant to the decision of the zoning board of appeals, but does not necessarily preclude the granting of the area variance.

(e)

Procedure.

ii.

By publication of a notice thereof once in one official paper of the city at least five days before the date of the hearing.

The zoning board of appeals will mail notice of the hearing to the appellant or applicant or his attorney or agent at least five days before the date of the hearing.

iii.

iv.

(f)

(g)

(h)

The vacancy of a building occupied by the use for a continuous period of one year.

ii.

The vacancy of land occupied by the use for a continuous period of 90 days, provided that the use of land for agricultural purpose is not deemed abandoned until put to some other lawful use.

iii.

The manifestation of a clear intent on the part of the owner to abandon the use.

iv.

A seasonal use is not deemed abandoned because of a vacancy between seasons.

(i)

(Ord. No. 9301A, 9-26-18)

Sec. 80-19.4. - Site plan review.

(a)

Purpose. The purpose of site plan review is to:

Encourage visually attractive developments.

ii.

Promote appropriate aesthetic and functional design considerations to protect and enhance property values.

iii.

Mitigate the impacts of high density development through enhanced design.

iv.

Allow commercial property to be developed in a vibrant and economically efficient manner that will contribute to the economic base of the community.

Facilitate a healthy and sustainable environment.

(b)

Applicability. These site plan review guidelines apply to:

ii.

Multi-family dwellings. This applies to new construction or when an existing development is increased in total building footprint or gross floor area by 30 percent or more.

iii.

Attached single-family dwellings. This applies to new construction or when an existing development is increased in total building footprint or gross floor area by 30 percent or more.

iv.

GB district. This applies to new construction or when an existing development is increased in total building footprint or gross floor area by 30 percent or more.

All development within the W district and the WR district.

vi.

All development within designated main streets.

vii.

All residential subdivisions excluding administrative subdivisions.

viii.

ix.

Parking lot development of 20 vehicle spaces or greater.

Tier 3 solar energy systems.

xi.

Wireless telecommunications as follows:

(1)

(2)

(c)

ii.

A sketch or map of the area which clearly shows the location of the site with respect to nearby streets, rights-of-way, properties, easements, and other pertinent features.

iii.

A topographic or contour map of adequate scale and detail to show site topography.

iv.

Such other information as the planning department and/or the applicant deems is relevant for such sketch plan.

(d)

Title of drawing, including name and address of applicant and person responsible for preparation of such drawing.

ii.

North arrow, scale, and date.

iii.

Boundaries of the property plotted to scale.

iv.

Existing watercourses.

Grading and drainage plan, showing existing and proposed contours.

vi.

Location, design, type of construction, proposed use, and exterior dimensions of all buildings.

vii.

Location, design, and type of construction of all parking and truck loading areas, showing access and egress.

viii.

Provision for pedestrian access.

ix.

Location of outdoor storage, if any.

Location, design and construction materials of all existing or proposed site improvements including drains culverts, retaining walls, and fences.

xi.

Description of the method of securing public water and location, design and construction materials of such facilities.

xii.

Location of fire and other emergency zones, including the location of fire hydrants.

xiii.

Location, design, and construction materials of all energy distribution facilities, including electrical, gas, wind energy, and solar energy.

xiv.

Location, size, and design and type of construction of all proposed signs.

xv.

Location and proposed development of all buffer areas, including existing vegetative cover.

xvi.

Location and design of outdoor lighting.

xvii.

Identification of the location and amount of building area proposed for retail sales or similar commercial activity.

xviii.

General landscaping plan and planting schedule.

xix.

An estimated project construction schedule.

xx.

Record of application for and approval status of all necessary permits from state and county officials.

xxi.

Identification of any state or county permits required for the project's execution.

xxii.

Other elements integral to the proposed development as considered necessary by the planning board.

xxiii.

The following exceptions to these requirements apply:

For solar arrays of ten acres or more, only the application requirements of section 80-19.4(f) are required.

For wireless telecommunications, only the application requirements of section 80-19.4(g) are required.

(e)

Procedure.

ii.

iii.

The planning board's review of the site plan must include, as appropriate, but is not limited to, the following general considerations:

Location, arrangement, size, design and general site compatibility of buildings, lighting and signs.

Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.

Location, arrangement, appearance and sufficiency of off-street parking and loading.

Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.

Adequacy of stormwater and drainage facilities.

Adequacy of water supply and sewage disposal facilities.

Adequacy of fire lanes and other emergency zones and the provisions of fire hydrants.

Special attention to the adequacy and impact of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.

For solar arrays of ten acres or more, compliance with the standards of section 80-12.3(v).

For wireless telecommunications, compliance with the standards of section 80-12.3(z).

iv.

The following additional procedural regulations apply to site plan review for wireless telecommunications:

The applicant must notify adjacent property owners within 500 feet by first class mail of the filing of any application for site plan and expanded site plan review.

(f)

Site plan application. Any site plan application shall include the following information:

Title of drawing, including name and address of applicant and person responsible for preparation of such drawing.

ii.

North arrow, scale, and date.

iii.

Boundaries of the property plotted to scale.

iv.

The location and arrangement of the proposed solar array, inverter, disconnects, and point of interconnection.

Property lines and physical features, including roads, for the project site drawn to scale.

vi.

Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, and screening vegetation or structures.

vii.

viii.

ix.

xi.

Zoning district designation for the parcel(s) of land comprising the project site.

xii.

Property operation and maintenance plan. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing and trimming for the entire parcel(s).

xiii.

xiv.

xv.

xvi.

Proof of secured special use permit from the zoning board of appeals.

xvii.

Site plan requirements.

Wildlife management plan. The applicant shall provide a site-specific wildlife management plan as part of its application for a permit for a tier 3 solar energy system;

Sketch maps. Provides a visual description (sketch) of the property. Will include several maps such as:

(i)

A base map that shows boundaries, roads, and other man-made features;

(ii)

A type map that differentiates cover types (timber stands, agricultural fields, and open fields);

(iii)

A soils map that shows the location of different soil types;

(iv)

A compartment map that indicates where habitat improvement practices have or will take place;

(v)

Solar array(s) locations to scale. Inverter location(s) to scale.

Details of the solar energy system including but not limited to:

(i)

(ii)

The solar energy system's proposed solar energy system's capacity;

(iii)

The basis for the calculation of the solar energy system's capacity;

(iv)

Modeling of projected solar energy system's capacity for this location;

Location, type, and intensity of any lighting on the site;

Property boundaries and names of all adjacent landowners.

(g)

Site plan review applications for wireless telecommunications. For wireless telecommunication towers, antennas, and supporting facilities, the site plan review application must include the following:

Site plan review application. Each site plan review application must include following:

An environmental assessment form (long form) with the visual addendum.

A site plan prepared to scale and in sufficient detail and accuracy showing the following:

(1)

The exact location of the proposed telecommunications facility, together with any guy wires and guy anchors, if applicable.

(2)

The maximum height of the proposed telecommunications facility.

(3)

If applicable, a detail of tower type (monopole, guyed, freestanding or other).

(4)

If applicable, the location, type and intensity of any lighting on the tower.

(5)

Property boundaries and names of adjacent land owners.

(6)

Proof of the landowner's consent, if the applicant does not own the property.

(7)

(8)

The location nature and extent of any proposed fencing, landscaping and/or screening.

(9)

The location and nature of proposed utility easements and access roads, if applicable.

A certification from a qualified licensed engineer that the telecommunications facility meets applicable structural safety standards.

A certification from a qualified licensed engineer that the telecommunications facility will not interfere with local radio and/or television frequencies or with public safety communications.

ii.

Expanded site plan review application. Each applicant for expanded site plan review must include the submittal requirements above (item i.) and the following additional submittal requirements:

(1)

To respond in a timely comprehensive manner to a request for information from a potential shared use applicant.

(2)

To negotiate in good faith concerning future requests for shared use of the new tower.

(3)

To allow shared use of the new tower if another applicant agrees in writing to pay charges.

(4)

To make no more than a reasonable charge for shared usage, based on generally accepted accounting principles.

(h)

(i)

Violation. Any person found to have violated any of the requirements of this section is deemed to have committed a misdemeanor pursuant to this code.

(Ord. No. 9301A, 9-26-18; Ord. No. 9563A, 1-25-23)

Sec. 80-19.5. - Zoning permit.

(a)

Purpose. A zoning permit allows for review of project compliance with this code.

(b)

Initiation. A property owner, or person expressly authorized by the property owner in writing, may initiate a zoning permit.

(c)

(d)

(e)

Appeal. The final decision on a zoning permit may be appealed to the zoning board of appeals within 30 days after the filing of a decision.

(Ord. No. 9301A, 9-26-18)

Sec. 80-19.6. - Interpretation.

(a)

Authorization. The codes enforcement officer has the initial authority and responsibility to apply all terms, provisions and requirements of the city zoning code.

(b)

The amount and type of traffic generated.

ii.

The type of manufacturing or commercial process.

iii.

The nature of any machinery used.

iv.

Noise and odor characteristics, associated with the use or activity.

Outside storage of materials or products.

vi.

Type of structures required.

vii.

Character of activity to be conducted on the site.

viii.

Amount of parking required.

ix.

Number of persons who would occupy the premises at any one time.

Any other information which the codes enforcement officer or designee determines to be relevant to a determination of the issue.

(c)

(d)

Appeal. The final decision on an interpretation may be appealed to the zoning board of appeals within 30 days after the filing of a decision.

(Ord. No. 9301A, 9-26-18)

Sec. 80-19.7. - Appeals.

(a)

Authorization.

ii.

A written appeal or appeal application must be accompanied by the required fee(s) and submitted to the administrative official within a reasonable time not to exceed 60 days.

(b)

Procedure.

ii.

By publication of a notice thereof once in one official paper of the city at least five days before the date of the hearing.

The zoning board of appeals will mail notice of the hearing to the appellant or applicant or his attorney or agent at least five days before the date of the hearing.

iii.

iv.

(g)

Withdrawals. The applicant may not amend or withdraw his application after the official notice of the public hearing has been transmitted to the official paper for publications. Nothing prohibits the applicant or appellant from requesting the zoning board of appeals to table the appeal until such time the applicant requests or the zoning board of appeals may establish. In no event, may the appeal remain tabled for more than 60 days. However, the zoning board of appeals, in its discretion or upon motion of the appellant, may retable an appeal for an additional 60 days. The zoning board of appeals may not retable a particular appeal more than two times.

(Ord. No. 9301A, 9-26-18)

Sec. 80-19.8. - Temporary use permit.

(a)

(b)

Initiation. A property owner or person expressly authorized in writing by the property owner may initiate a temporary use permit application

(c)

Authority. The codes enforcement officer will review and make final decisions on temporary use permit applications.

(d)

(e)

Approval standards. All temporary uses must comply with the requirements of this code, including the temporary use standards of article IX, and the following standards:

Unless expressly allowed by this code, the temporary use or structure complies with the yard and bulk requirements of the district in which it is located.

ii.

The temporary use does not negatively impact the public health, safety, and welfare.

iii.

iv.

The temporary use does not conflict with another previously authorized temporary use.

The temporary use provides adequate parking if needed. If located on a lot with an operational principal use, does not impact the parking and site circulation of the principal use.

(f)

Expiration. The temporary use permit is valid only for the time period granted as part of the approval.

(g)

Appeals. The final decision on a temporary use permit may be appealed to the zoning board of appeals within 30 days after the filing of a decision.

(Ord. No. 9301A, 9-26-18)

Sec. 80-19.9. - Sign permit.

(a)

Applicability. Unless a sign is specifically considered exempt from a sign permit, signs require a sign permit issued by the codes enforcement officer.

(b)

Application. An application for a sign permit must also contain the following information:

Name, address, and telephone number of applicant.

ii.

Location of structure or real property upon which the sign is to be attached or erected.

iii.

iv.

Written consent of the owner of the structure or real property where the sign will be erected in the event the applicant is not the property owner.

(c)

(d)

(Ord. No. 9301A, 9-26-18)

Sec. 80-19.10. - Environmental quality review.

(a)

(b)

(c)

Are directly undertaken by the city.

ii.

Involve funding by the city.

iii.

Require a discretionary permit from the city or its appointed boards.

(d)

Classification of action. If a proposed action is subject to review under SEQR, the first step is to classify the action into one of four categories.

Classes of action requiring no further review under SEQR.

ii.

Classes of action that require further review under SEQR.

(e)

ii.

(f)

Lead agency.

ii.

For zoning or subdivision actions reviewed by the city, the following bodies are the lead agency, unless otherwise agreed to pursuant to state law.

Map or text amendments to this chapter: City council.

Site plan and subdivision applications: Planning board.

Variances: Zoning board of appeals.

Special use permits: Zoning board of appeals.

(g)

Significance.

ii.

Considerations. In determining significance the lead agency must consider:

The whole action.

The EAF and any other information provided by the applicant.

Any comments from involved agencies.

The criteria in section 617.11.

Public comments.

iii.

Negative declaration.

iv.

(h)

(i)

(j)

(k)

(l)

ii.

(Ord. No. 9301A, 9-26-18)

Sec. 80-19.11-1. - Authority.

(Ord. No. 9563A, 1-25-23)

Sec. 80-19.11-2. - Purpose.

(a)

To take advantage of a safe, abundant, renewable and non-polluting energy resource;

(b)

To decrease the cost of electricity to the owners of residential and commercial properties, including single-family houses;

(c)

To increase employment and business development in the city, to the extent reasonably practical, by furthering the installation of solar energy systems;

(d)

To mitigate the impacts of solar energy systems on environmental resources such as important agricultural lands, forests, wildlife and other protected resources,

(e)

To create synergy between solar development and the City of Rome Comprehensive Plan, Sustainability Plan, Brownfield Opportunity Area plans, and any other plan adopted by the city; and,

(f)

(Ord. No. 9563A, 1-25-23)

Sec. 80-19.11-3. - Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

Applicant: Any person, firm, partnership, association, corporation, company or organization of any kind who or which requests any approval or permit to construct a solar energy system.

Pollinator: bees, birds, bats and other insects or wildlife that pollinate flowering plants, and includes both wild and managed insects.

Solar access: Space open to the sun and clear of overhangs or shade so as to permit the use of active and/or passive solar energy systems on individual properties.

Solar energy equipment: Electrical material, hardware, inverters, conduit, storage devices, or other electrical and photovoltaic equipment associated with the production of electricity.

(a)

Tier 1 solar energy systems include the following:

Roof-mounted solar energy systems.

ii.

Building-integrated solar energy systems.

(b)

(c)

Solar panel: A photovoltaic device capable of collecting and converting solar energy into electricity.

Solar shingles: Solar shingles, also called photovoltaic shingles, are solar cells designed to look like conventional asphalt shingles.

Storage battery: A device that stores energy and makes it available in an electrical form.

(Ord. No. 9563A, 1-25-23)

Sec. 80-19.11-4. - Applicability.

(a)

The requirements of this chapter apply to all solar energy systems permitted, installed, or modified in the city after the effective date of this section, excluding general maintenance and repair.

(b)

Solar energy systems constructed or installed prior to the effective date of this section are not required to meet the requirements of this section.

(c)

(d)

(Ord. No. 9563A, 1-25-23)

Sec. 80-19.11-5. - General requirements.

•

A building permit shall be required for the installation of all solar energy systems.

•

Solar energy systems and solar energy equipment shall be certified under the applicable electrical and/or building codes as required.

•

No grid-tied photovoltaic system may be installed until evidence has been provided that it has been approved by the utility company to install the system.

•

(Ord. No. 9563A, 1-25-23)

Sec. 80-19.11-6. - Permitting requirements for tier 1 solar energy systems.

(a)

Building mounted solar energy systems.

A building-mounted system may be mounted on the roof or wall of a principal building or accessory structure.

Roof-mounted solar energy systems shall incorporate, when feasible, the following design requirements:

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 on pitched roofs shall not extend higher than the highest point of the roof surface on which they are mounted or attached.

Solar panels 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.

iii

Glare: All solar panels shall have anti-reflective coating(s). Solar panels must be placed so that concentrated solar radiation or glare is not directed onto nearby properties or roadways.

Height: All roof-mounted solar energy systems shall be subject to the maximum height regulations specified for principal and accessory buildings within the underlying zoning district.

(b)

Building integrated solar energy systems shall be shown on the plans submitted for the building permit application for the building containing the system.

(c)

Tier 1 solar energy systems to be installed in the City of Rome Historic District shall require review by and approval of the planning board subject to article XVIII, Historic District Regulations.

(Ord. No. 9563A, 1-25-23)

Sec. 80-19.11-7. - Permitting requirements for tier 2 solar energy systems.

(a)

Location: Permitted only in the interior side or rear yard.

(b)

Glare: All solar panels shall have anti-reflective coating(s). Solar panels must be placed so that concentrated solar radiation or glare is not directed onto nearby properties or roadways.

(c)

Lot size and lot coverage: Tier 2 solar energy systems shall comply with the existing lot size and lot coverage requirement specified for the underlying zoning district.

(d)

(e)

Height: The maximum height of the district shall be eight feet in residential districts and ten feet in all other districts.

(f)

Screening and visibility.

ii.

(g)

Special use permit approved by zoning board of appeals.

(h)

Tier 2 solar energy systems to be installed in the city historic district shall require review by and approval of the planning board subject to article XVIII, Historic District Regulations.

(Ord. No. 9563A, 1-25-23)

Sec. 80-19.11-8. - Permitting requirements for tier 3 solar energy systems.

(a)

Application.

Contents. Applications must contain, at a minimum, the following:

Appropriate fee as established by the common council;

Engineered stamped plans;

Site plan as hereinafter described;

Proposed decommissioning plan, as hereinafter described with confirmation of appropriate security and calculation of amount of security required;

Proof of interconnectability with local electric service provider;

Proposed notice of public hearing; list of all property owners within 1,000 feet of the property borders of the proposed site;

SEQRA documentation reasonably acceptable to the city's attorney and engineer.

ii.

Review.

Reviewed by the city code enforcement officer and/or city engineer for completeness.

Applicants shall be advised within 15 business days of the completeness of their application or any deficiencies that must be addressed prior to substantive review.

iii.

Referred to Oneida County Department of Planning.

The application shall be referred to the Oneida County Department of Planning pursuant to General Municipal Law 239-m if required.

iv.

Public hearing.

Decision.

vi.

Life of permit.

vii.

General requirements.

Signage.

(i)

(ii)

(iii)

No system or any of its components shall be illuminated, except to the degree minimally necessary for public safety and or maintenance and only in compliance with article XVI signs.

Glare. All Solar panels shall have anti-reflective coatings. Solar panels must be placed so that concentrated solar radiation or glare is not directed onto nearby properties or roadways.

Lighting. Lighting of the solar energy systems shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties.

(i)

(ii)

Environmental resources.

(i)

Tree-cutting. Removal of existing trees larger than six inches in diameter should be minimized to the extent possible.

(ii)

(iii)

Use integrated pest management practices to refrain from/limit pesticide use (including herbicides) for long-term operation and site maintenance.

(iv)

The applicant shall adhere to all local, state and federal laws and regulations in effect at the time of decommissioning regarding the disposal and recycling of the solar energy system.

A solar PV panel deicing plan shall not include application of chemicals (excluding water). Use of chemical-based cleaning for panels is prohibited.

Site access shall be maintained, including snow removal at a level acceptable to the local fire department.

Traffic routes. Construction and delivery vehicles shall use traffic routes established as part of the application review process. Factors in establishing such corridors shall include

(i)

Minimizing traffic impacts from construction and delivery vehicles;

(ii)

Minimizing related traffic during times of school bus activity;

(iii)

Minimizing wear and tear on local roads (if use of such roads is permitted under this local law); and

(iv)

Any inspections that are beyond the city's scope or ability shall be at the expense of the solar energy applicant or subsequent owner.

(b)

The plan must be prepared by a New York State licensed engineer.

ii.

The plan must be signed by the owner and/or operator of the solar energy system.

iii.

The plan shall be submitted by the applicant and must:

Include a decommissioning and site restoration cost estimate, excluding projected salvage value;

Include a decommissioning and site restoration time to completion estimate;

Provide for removal and restoration of access road locations, where appropriate, based on the facility layout;

Provide for restoration of the surface grade and soil; and

Provide for re-vegetation of restored soil areas with native seed mixes, excluding any invasive species.

iv.

vi.

Security.

The letter of credit, bond or security shall continue to secure the decommissioning plan despite any subsequent changes in ownership or management of the project.

The owner and/or operator shall deposit with the city any additional security required as a result of the periodic review of the decommissioning plan.

vii.

Ownership changes.

(i)

A statement signed by the successor owner or operator that such person/entity assumes all of the obligations of the permit including the site plan approval, and the decommissioning plan.

(ii)

In the event that such notice is given, then the permit shall remain in effect.

The decommissioning plan must be recorded with the county clerk as an irrevocable deed restriction on properties where project components are sited for the benefit of the city.

(c)

Special use permit standards.

ii.

Lot size. The property on which the tier 3 solar energy system is placed shall meet the lot size requirements of the underlying zoning district.

iii.

iv.

Lot coverage. The total coverage of the facility area shall not exceed 50 percent.

Screening and visibility.

Require a view shed analysis from neighboring adjacent residential properties and rights-of-way.

Solar energy systems two acres or less shall:

(i)

(ii)

Solar energy systems larger than two acres shall be required to:

(i)

Conduct a digital viewshed analysis.

The zoning may elect to waive certain screening and landscaping requirements in select locations based on an applicant's demonstration of non-impact or impact mitigation on adjacent parcels.

(Ord. No. 9563A, 1-25-23; Ord. No. 9748, 9-25-24)

Sec. 80-19.11-9. - Host community agreements.

(Ord. No. 9563A, 1-25-23)

Sec. 80-19.11-10. - Enforcement.

(a)

(b)

(Ord. No. 9563A, 1-25-23)

Sec. 80-19.11-11. - Severability.

(Ord. No. 9563A, 1-25-23)

Rome City Zoning Code

ARTICLE XIX.

ZONING APPLICATIONS

Sec. 80-19.1. - Zoning amendments.

(a)

Initiation.

The common council may from time to time on its own motion, amend, supplement, repeal, or change the regulations and district boundaries established by this code.

ii.

iii.

(b)

(c)

Procedure.

ii.

iii.

iv.

vi.

The owners of 20 percent or more of the land area included in such proposed change.

The owners of 20 percent or more of the area of land immediately adjacent to the land included in such proposed change, extending 100 feet therefrom.

The owners of 20 percent or more of the area of land directly opposite thereto, extending 100 feet from the street frontage of such opposite land.

(Ord. No. 9301A, 9-26-18)

Sec. 80-19.2 - Special use permit.

(a)

(b)

Authorization.

ii.

(c)

(d)

(e)

Procedure.

ii.

iii.

iv.

(f)

ii.

iii.

iv.

The use makes adequate provision for off-street parking in accordance with this code.

vi.

vii.

viii.

The use will not conflict in any way with the city comprehensive plan and other adopted city plans.

(g)

Conditions.

ii.

iii.

(h)

(i)

(j)

(Ord. No. 9301A, 9-26-18; Ord. No. 9563A, 1-25-23)

Sec. 80-19.3. - Variance.

(a)

(b)

Specific property restriction.

Any use or area variance pertains only to the specific property for which the application was made. Such variance does not apply to any other property.

ii.

Any enlargement, contraction, or alteration of a use variance requires resubmittal of a use variance application for such change.

(c)

The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence.

ii.

The alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood.

iii.

The requested use variance, if granted, will not alter the essential character of the neighborhood.

iv.

The alleged hardship has not been self-created.

That the granting of the variance requested will not confer a special privilege to the property that is denied other lands in the same district.

(d)

Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance.

ii.

Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance.

iii.

Whether the requested area variance is substantial.

iv.

Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.

Whether the alleged difficulty was self-created, which is relevant to the decision of the zoning board of appeals, but does not necessarily preclude the granting of the area variance.

(e)

Procedure.

ii.

By publication of a notice thereof once in one official paper of the city at least five days before the date of the hearing.

The zoning board of appeals will mail notice of the hearing to the appellant or applicant or his attorney or agent at least five days before the date of the hearing.

iii.

iv.

(f)

(g)

(h)

The vacancy of a building occupied by the use for a continuous period of one year.

ii.

The vacancy of land occupied by the use for a continuous period of 90 days, provided that the use of land for agricultural purpose is not deemed abandoned until put to some other lawful use.

iii.

The manifestation of a clear intent on the part of the owner to abandon the use.

iv.

A seasonal use is not deemed abandoned because of a vacancy between seasons.

(i)

(Ord. No. 9301A, 9-26-18)

Sec. 80-19.4. - Site plan review.

(a)

Purpose. The purpose of site plan review is to:

Encourage visually attractive developments.

ii.

Promote appropriate aesthetic and functional design considerations to protect and enhance property values.

iii.

Mitigate the impacts of high density development through enhanced design.

iv.

Allow commercial property to be developed in a vibrant and economically efficient manner that will contribute to the economic base of the community.

Facilitate a healthy and sustainable environment.

(b)

Applicability. These site plan review guidelines apply to:

ii.

Multi-family dwellings. This applies to new construction or when an existing development is increased in total building footprint or gross floor area by 30 percent or more.

iii.

Attached single-family dwellings. This applies to new construction or when an existing development is increased in total building footprint or gross floor area by 30 percent or more.

iv.

GB district. This applies to new construction or when an existing development is increased in total building footprint or gross floor area by 30 percent or more.

All development within the W district and the WR district.

vi.

All development within designated main streets.

vii.

All residential subdivisions excluding administrative subdivisions.

viii.

ix.

Parking lot development of 20 vehicle spaces or greater.

Tier 3 solar energy systems.

xi.

Wireless telecommunications as follows:

(1)

(2)

(c)

ii.

A sketch or map of the area which clearly shows the location of the site with respect to nearby streets, rights-of-way, properties, easements, and other pertinent features.

iii.

A topographic or contour map of adequate scale and detail to show site topography.

iv.

Such other information as the planning department and/or the applicant deems is relevant for such sketch plan.

(d)

Title of drawing, including name and address of applicant and person responsible for preparation of such drawing.

ii.

North arrow, scale, and date.

iii.

Boundaries of the property plotted to scale.

iv.

Existing watercourses.

Grading and drainage plan, showing existing and proposed contours.

vi.

Location, design, type of construction, proposed use, and exterior dimensions of all buildings.

vii.

Location, design, and type of construction of all parking and truck loading areas, showing access and egress.

viii.

Provision for pedestrian access.

ix.

Location of outdoor storage, if any.

Location, design and construction materials of all existing or proposed site improvements including drains culverts, retaining walls, and fences.

xi.

Description of the method of securing public water and location, design and construction materials of such facilities.

xii.

Location of fire and other emergency zones, including the location of fire hydrants.

xiii.

Location, design, and construction materials of all energy distribution facilities, including electrical, gas, wind energy, and solar energy.

xiv.

Location, size, and design and type of construction of all proposed signs.

xv.

Location and proposed development of all buffer areas, including existing vegetative cover.

xvi.

Location and design of outdoor lighting.

xvii.

Identification of the location and amount of building area proposed for retail sales or similar commercial activity.

xviii.

General landscaping plan and planting schedule.

xix.

An estimated project construction schedule.

xx.

Record of application for and approval status of all necessary permits from state and county officials.

xxi.

Identification of any state or county permits required for the project's execution.

xxii.

Other elements integral to the proposed development as considered necessary by the planning board.

xxiii.

The following exceptions to these requirements apply:

For solar arrays of ten acres or more, only the application requirements of section 80-19.4(f) are required.

For wireless telecommunications, only the application requirements of section 80-19.4(g) are required.

(e)

Procedure.

ii.

iii.

The planning board's review of the site plan must include, as appropriate, but is not limited to, the following general considerations:

Location, arrangement, size, design and general site compatibility of buildings, lighting and signs.

Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.

Location, arrangement, appearance and sufficiency of off-street parking and loading.

Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.

Adequacy of stormwater and drainage facilities.

Adequacy of water supply and sewage disposal facilities.

Adequacy of fire lanes and other emergency zones and the provisions of fire hydrants.

Special attention to the adequacy and impact of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.

For solar arrays of ten acres or more, compliance with the standards of section 80-12.3(v).

For wireless telecommunications, compliance with the standards of section 80-12.3(z).

iv.

The following additional procedural regulations apply to site plan review for wireless telecommunications:

The applicant must notify adjacent property owners within 500 feet by first class mail of the filing of any application for site plan and expanded site plan review.

(f)

Site plan application. Any site plan application shall include the following information:

Title of drawing, including name and address of applicant and person responsible for preparation of such drawing.

ii.

North arrow, scale, and date.

iii.

Boundaries of the property plotted to scale.

iv.

The location and arrangement of the proposed solar array, inverter, disconnects, and point of interconnection.

Property lines and physical features, including roads, for the project site drawn to scale.

vi.

Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, and screening vegetation or structures.

vii.

viii.

ix.

xi.

Zoning district designation for the parcel(s) of land comprising the project site.

xii.

Property operation and maintenance plan. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing and trimming for the entire parcel(s).

xiii.

xiv.

xv.

xvi.

Proof of secured special use permit from the zoning board of appeals.

xvii.

Site plan requirements.

Wildlife management plan. The applicant shall provide a site-specific wildlife management plan as part of its application for a permit for a tier 3 solar energy system;

Sketch maps. Provides a visual description (sketch) of the property. Will include several maps such as:

(i)

A base map that shows boundaries, roads, and other man-made features;

(ii)

A type map that differentiates cover types (timber stands, agricultural fields, and open fields);

(iii)

A soils map that shows the location of different soil types;

(iv)

A compartment map that indicates where habitat improvement practices have or will take place;

(v)

Solar array(s) locations to scale. Inverter location(s) to scale.

Details of the solar energy system including but not limited to:

(i)

(ii)

The solar energy system's proposed solar energy system's capacity;

(iii)

The basis for the calculation of the solar energy system's capacity;

(iv)

Modeling of projected solar energy system's capacity for this location;

Location, type, and intensity of any lighting on the site;

Property boundaries and names of all adjacent landowners.

(g)

Site plan review applications for wireless telecommunications. For wireless telecommunication towers, antennas, and supporting facilities, the site plan review application must include the following:

Site plan review application. Each site plan review application must include following:

An environmental assessment form (long form) with the visual addendum.

A site plan prepared to scale and in sufficient detail and accuracy showing the following:

(1)

The exact location of the proposed telecommunications facility, together with any guy wires and guy anchors, if applicable.

(2)

The maximum height of the proposed telecommunications facility.

(3)

If applicable, a detail of tower type (monopole, guyed, freestanding or other).

(4)

If applicable, the location, type and intensity of any lighting on the tower.

(5)

Property boundaries and names of adjacent land owners.

(6)

Proof of the landowner's consent, if the applicant does not own the property.

(7)

(8)

The location nature and extent of any proposed fencing, landscaping and/or screening.

(9)

The location and nature of proposed utility easements and access roads, if applicable.

A certification from a qualified licensed engineer that the telecommunications facility meets applicable structural safety standards.

A certification from a qualified licensed engineer that the telecommunications facility will not interfere with local radio and/or television frequencies or with public safety communications.

ii.

Expanded site plan review application. Each applicant for expanded site plan review must include the submittal requirements above (item i.) and the following additional submittal requirements:

(1)

To respond in a timely comprehensive manner to a request for information from a potential shared use applicant.

(2)

To negotiate in good faith concerning future requests for shared use of the new tower.

(3)

To allow shared use of the new tower if another applicant agrees in writing to pay charges.

(4)

To make no more than a reasonable charge for shared usage, based on generally accepted accounting principles.

(h)

(i)

Violation. Any person found to have violated any of the requirements of this section is deemed to have committed a misdemeanor pursuant to this code.

(Ord. No. 9301A, 9-26-18; Ord. No. 9563A, 1-25-23)

Sec. 80-19.5. - Zoning permit.

(a)

Purpose. A zoning permit allows for review of project compliance with this code.

(b)

Initiation. A property owner, or person expressly authorized by the property owner in writing, may initiate a zoning permit.

(c)

(d)

(e)

Appeal. The final decision on a zoning permit may be appealed to the zoning board of appeals within 30 days after the filing of a decision.

(Ord. No. 9301A, 9-26-18)

Sec. 80-19.6. - Interpretation.

(a)

Authorization. The codes enforcement officer has the initial authority and responsibility to apply all terms, provisions and requirements of the city zoning code.

(b)

The amount and type of traffic generated.

ii.

The type of manufacturing or commercial process.

iii.

The nature of any machinery used.

iv.

Noise and odor characteristics, associated with the use or activity.

Outside storage of materials or products.

vi.

Type of structures required.

vii.

Character of activity to be conducted on the site.

viii.

Amount of parking required.

ix.

Number of persons who would occupy the premises at any one time.

Any other information which the codes enforcement officer or designee determines to be relevant to a determination of the issue.

(c)

(d)

Appeal. The final decision on an interpretation may be appealed to the zoning board of appeals within 30 days after the filing of a decision.

(Ord. No. 9301A, 9-26-18)

Sec. 80-19.7. - Appeals.

(a)

Authorization.

ii.

A written appeal or appeal application must be accompanied by the required fee(s) and submitted to the administrative official within a reasonable time not to exceed 60 days.

(b)

Procedure.

ii.

By publication of a notice thereof once in one official paper of the city at least five days before the date of the hearing.

The zoning board of appeals will mail notice of the hearing to the appellant or applicant or his attorney or agent at least five days before the date of the hearing.

iii.

iv.

(g)

Withdrawals. The applicant may not amend or withdraw his application after the official notice of the public hearing has been transmitted to the official paper for publications. Nothing prohibits the applicant or appellant from requesting the zoning board of appeals to table the appeal until such time the applicant requests or the zoning board of appeals may establish. In no event, may the appeal remain tabled for more than 60 days. However, the zoning board of appeals, in its discretion or upon motion of the appellant, may retable an appeal for an additional 60 days. The zoning board of appeals may not retable a particular appeal more than two times.

(Ord. No. 9301A, 9-26-18)

Sec. 80-19.8. - Temporary use permit.

(a)

(b)

Initiation. A property owner or person expressly authorized in writing by the property owner may initiate a temporary use permit application

(c)

Authority. The codes enforcement officer will review and make final decisions on temporary use permit applications.

(d)

(e)

Approval standards. All temporary uses must comply with the requirements of this code, including the temporary use standards of article IX, and the following standards:

Unless expressly allowed by this code, the temporary use or structure complies with the yard and bulk requirements of the district in which it is located.

ii.

The temporary use does not negatively impact the public health, safety, and welfare.

iii.

iv.

The temporary use does not conflict with another previously authorized temporary use.

The temporary use provides adequate parking if needed. If located on a lot with an operational principal use, does not impact the parking and site circulation of the principal use.

(f)

Expiration. The temporary use permit is valid only for the time period granted as part of the approval.

(g)

Appeals. The final decision on a temporary use permit may be appealed to the zoning board of appeals within 30 days after the filing of a decision.

(Ord. No. 9301A, 9-26-18)

Sec. 80-19.9. - Sign permit.

(a)

Applicability. Unless a sign is specifically considered exempt from a sign permit, signs require a sign permit issued by the codes enforcement officer.

(b)

Application. An application for a sign permit must also contain the following information:

Name, address, and telephone number of applicant.

ii.

Location of structure or real property upon which the sign is to be attached or erected.

iii.

iv.

Written consent of the owner of the structure or real property where the sign will be erected in the event the applicant is not the property owner.

(c)

(d)

(Ord. No. 9301A, 9-26-18)

Sec. 80-19.10. - Environmental quality review.

(a)

(b)

(c)

Are directly undertaken by the city.

ii.

Involve funding by the city.

iii.

Require a discretionary permit from the city or its appointed boards.

(d)

Classification of action. If a proposed action is subject to review under SEQR, the first step is to classify the action into one of four categories.

Classes of action requiring no further review under SEQR.

ii.

Classes of action that require further review under SEQR.

(e)

ii.

(f)

Lead agency.

ii.

For zoning or subdivision actions reviewed by the city, the following bodies are the lead agency, unless otherwise agreed to pursuant to state law.

Map or text amendments to this chapter: City council.

Site plan and subdivision applications: Planning board.

Variances: Zoning board of appeals.

Special use permits: Zoning board of appeals.

(g)

Significance.

ii.

Considerations. In determining significance the lead agency must consider:

The whole action.

The EAF and any other information provided by the applicant.

Any comments from involved agencies.

The criteria in section 617.11.

Public comments.

iii.

Negative declaration.

iv.

(h)

(i)

(j)

(k)

(l)

ii.

(Ord. No. 9301A, 9-26-18)

Sec. 80-19.11-1. - Authority.

(Ord. No. 9563A, 1-25-23)

Sec. 80-19.11-2. - Purpose.

(a)

To take advantage of a safe, abundant, renewable and non-polluting energy resource;

(b)

To decrease the cost of electricity to the owners of residential and commercial properties, including single-family houses;

(c)

To increase employment and business development in the city, to the extent reasonably practical, by furthering the installation of solar energy systems;

(d)

To mitigate the impacts of solar energy systems on environmental resources such as important agricultural lands, forests, wildlife and other protected resources,

(e)

To create synergy between solar development and the City of Rome Comprehensive Plan, Sustainability Plan, Brownfield Opportunity Area plans, and any other plan adopted by the city; and,

(f)

(Ord. No. 9563A, 1-25-23)

Sec. 80-19.11-3. - Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

Applicant: Any person, firm, partnership, association, corporation, company or organization of any kind who or which requests any approval or permit to construct a solar energy system.

Pollinator: bees, birds, bats and other insects or wildlife that pollinate flowering plants, and includes both wild and managed insects.

Solar access: Space open to the sun and clear of overhangs or shade so as to permit the use of active and/or passive solar energy systems on individual properties.

Solar energy equipment: Electrical material, hardware, inverters, conduit, storage devices, or other electrical and photovoltaic equipment associated with the production of electricity.

(a)

Tier 1 solar energy systems include the following:

Roof-mounted solar energy systems.

ii.

Building-integrated solar energy systems.

(b)

(c)

Solar panel: A photovoltaic device capable of collecting and converting solar energy into electricity.

Solar shingles: Solar shingles, also called photovoltaic shingles, are solar cells designed to look like conventional asphalt shingles.

Storage battery: A device that stores energy and makes it available in an electrical form.

(Ord. No. 9563A, 1-25-23)

Sec. 80-19.11-4. - Applicability.

(a)

The requirements of this chapter apply to all solar energy systems permitted, installed, or modified in the city after the effective date of this section, excluding general maintenance and repair.

(b)

Solar energy systems constructed or installed prior to the effective date of this section are not required to meet the requirements of this section.

(c)

(d)

(Ord. No. 9563A, 1-25-23)

Sec. 80-19.11-5. - General requirements.

•

A building permit shall be required for the installation of all solar energy systems.

•

Solar energy systems and solar energy equipment shall be certified under the applicable electrical and/or building codes as required.

•

No grid-tied photovoltaic system may be installed until evidence has been provided that it has been approved by the utility company to install the system.

•

(Ord. No. 9563A, 1-25-23)

Sec. 80-19.11-6. - Permitting requirements for tier 1 solar energy systems.

(a)

Building mounted solar energy systems.

A building-mounted system may be mounted on the roof or wall of a principal building or accessory structure.

Roof-mounted solar energy systems shall incorporate, when feasible, the following design requirements:

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 on pitched roofs shall not extend higher than the highest point of the roof surface on which they are mounted or attached.

Solar panels 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.

iii

Glare: All solar panels shall have anti-reflective coating(s). Solar panels must be placed so that concentrated solar radiation or glare is not directed onto nearby properties or roadways.

Height: All roof-mounted solar energy systems shall be subject to the maximum height regulations specified for principal and accessory buildings within the underlying zoning district.

(b)

Building integrated solar energy systems shall be shown on the plans submitted for the building permit application for the building containing the system.

(c)

Tier 1 solar energy systems to be installed in the City of Rome Historic District shall require review by and approval of the planning board subject to article XVIII, Historic District Regulations.

(Ord. No. 9563A, 1-25-23)

Sec. 80-19.11-7. - Permitting requirements for tier 2 solar energy systems.

(a)

Location: Permitted only in the interior side or rear yard.

(b)

Glare: All solar panels shall have anti-reflective coating(s). Solar panels must be placed so that concentrated solar radiation or glare is not directed onto nearby properties or roadways.

(c)

Lot size and lot coverage: Tier 2 solar energy systems shall comply with the existing lot size and lot coverage requirement specified for the underlying zoning district.

(d)

(e)

Height: The maximum height of the district shall be eight feet in residential districts and ten feet in all other districts.

(f)

Screening and visibility.

ii.

(g)

Special use permit approved by zoning board of appeals.

(h)

Tier 2 solar energy systems to be installed in the city historic district shall require review by and approval of the planning board subject to article XVIII, Historic District Regulations.

(Ord. No. 9563A, 1-25-23)

Sec. 80-19.11-8. - Permitting requirements for tier 3 solar energy systems.

(a)

Application.

Contents. Applications must contain, at a minimum, the following:

Appropriate fee as established by the common council;

Engineered stamped plans;

Site plan as hereinafter described;

Proposed decommissioning plan, as hereinafter described with confirmation of appropriate security and calculation of amount of security required;

Proof of interconnectability with local electric service provider;

Proposed notice of public hearing; list of all property owners within 1,000 feet of the property borders of the proposed site;

SEQRA documentation reasonably acceptable to the city's attorney and engineer.

ii.

Review.

Reviewed by the city code enforcement officer and/or city engineer for completeness.

Applicants shall be advised within 15 business days of the completeness of their application or any deficiencies that must be addressed prior to substantive review.

iii.

Referred to Oneida County Department of Planning.

The application shall be referred to the Oneida County Department of Planning pursuant to General Municipal Law 239-m if required.

iv.

Public hearing.

Decision.

vi.

Life of permit.

vii.

General requirements.

Signage.

(i)

(ii)

(iii)

No system or any of its components shall be illuminated, except to the degree minimally necessary for public safety and or maintenance and only in compliance with article XVI signs.

Glare. All Solar panels shall have anti-reflective coatings. Solar panels must be placed so that concentrated solar radiation or glare is not directed onto nearby properties or roadways.

Lighting. Lighting of the solar energy systems shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties.

(i)

(ii)

Environmental resources.

(i)

Tree-cutting. Removal of existing trees larger than six inches in diameter should be minimized to the extent possible.

(ii)

(iii)

Use integrated pest management practices to refrain from/limit pesticide use (including herbicides) for long-term operation and site maintenance.

(iv)

The applicant shall adhere to all local, state and federal laws and regulations in effect at the time of decommissioning regarding the disposal and recycling of the solar energy system.

A solar PV panel deicing plan shall not include application of chemicals (excluding water). Use of chemical-based cleaning for panels is prohibited.

Site access shall be maintained, including snow removal at a level acceptable to the local fire department.

Traffic routes. Construction and delivery vehicles shall use traffic routes established as part of the application review process. Factors in establishing such corridors shall include

(i)

Minimizing traffic impacts from construction and delivery vehicles;

(ii)

Minimizing related traffic during times of school bus activity;

(iii)

Minimizing wear and tear on local roads (if use of such roads is permitted under this local law); and

(iv)

Any inspections that are beyond the city's scope or ability shall be at the expense of the solar energy applicant or subsequent owner.

(b)

The plan must be prepared by a New York State licensed engineer.

ii.

The plan must be signed by the owner and/or operator of the solar energy system.

iii.

The plan shall be submitted by the applicant and must:

Include a decommissioning and site restoration cost estimate, excluding projected salvage value;

Include a decommissioning and site restoration time to completion estimate;

Provide for removal and restoration of access road locations, where appropriate, based on the facility layout;

Provide for restoration of the surface grade and soil; and

Provide for re-vegetation of restored soil areas with native seed mixes, excluding any invasive species.

iv.

vi.

Security.

The letter of credit, bond or security shall continue to secure the decommissioning plan despite any subsequent changes in ownership or management of the project.

The owner and/or operator shall deposit with the city any additional security required as a result of the periodic review of the decommissioning plan.

vii.

Ownership changes.

(i)

A statement signed by the successor owner or operator that such person/entity assumes all of the obligations of the permit including the site plan approval, and the decommissioning plan.

(ii)

In the event that such notice is given, then the permit shall remain in effect.

The decommissioning plan must be recorded with the county clerk as an irrevocable deed restriction on properties where project components are sited for the benefit of the city.

(c)

Special use permit standards.

ii.

Lot size. The property on which the tier 3 solar energy system is placed shall meet the lot size requirements of the underlying zoning district.

iii.

iv.

Lot coverage. The total coverage of the facility area shall not exceed 50 percent.

Screening and visibility.

Require a view shed analysis from neighboring adjacent residential properties and rights-of-way.

Solar energy systems two acres or less shall:

(i)

(ii)

Solar energy systems larger than two acres shall be required to:

(i)

Conduct a digital viewshed analysis.

The zoning may elect to waive certain screening and landscaping requirements in select locations based on an applicant's demonstration of non-impact or impact mitigation on adjacent parcels.

(Ord. No. 9563A, 1-25-23; Ord. No. 9748, 9-25-24)

Sec. 80-19.11-9. - Host community agreements.

(Ord. No. 9563A, 1-25-23)

Sec. 80-19.11-10. - Enforcement.

(a)

(b)

(Ord. No. 9563A, 1-25-23)

Sec. 80-19.11-11. - Severability.

(Ord. No. 9563A, 1-25-23)