Sardinia City Zoning Code
ARTICLE VI
Supplementary Regulations; Land Activities
§ 115-50 Purpose.
The supplemental regulations consider the unique characteristics of each use and the potential impacts they may have on the community and its residents. Said regulations are in addition to the regulations of the underlying district.
§ 115-51 Adult uses.
It is recognized that buildings and establishments operated as adult uses have serious objectionable operational characteristics. In order to promote the health, safety and general welfare of the residents of the Town of Sardinia, this subsection is intended to restrict adult uses to nonresidential, nonbusiness areas of the Town of Sardinia and otherwise regulate their operation. Moreover, in light of the fact that the operational characteristics of adult uses increase the detrimental impact on a community when such uses are concentrated, this subsection is intended to promote the health, safety and general welfare of the residents of the Town of Sardinia by regulating the concentration of such uses and to lessen the following possible secondary effects attributable to such uses: the creation of traffic and/or parking problems, loitering due to the attraction of transients, increases in criminal activities, the loss of business to nearby nonadult commercial establishments, the blighting or downgrading of adjacent neighborhoods and the potential for endangering the well-being of minors. The special regulations deemed necessary to control the undesirable secondary effects arising from these enterprises are set forth below:
A.
Location of adult uses. The following provisions shall apply to the location of adult uses:
(1)
Adult uses shall be permitted in the LC-Limited Commercial District with approval of a special use permit from the Town Board.
(2)
No adult use shall be permitted within 1,000 feet of the following:
(3)
For measurement purposes, the distance between an adult use and any such other named uses shall be measured in a straight line without regard to intervening structures or objects from the closest structural wall of such adult use to the boundary line of such residence, school, nursery school, religious institution, house of worship, public park, playground or public recreational facility, historic or scenic resource, civic or cultural facility;
(4)
Not more than one adult use shall be located in the same building or upon the same lot or parcel of land;
(5)
No adult use shall be located within a 1,000-foot radius of another adult use;
(6)
All building openings, including doors and windows, shall be coated, covered or screened in such a manner as to prevent a view into the establishment from any public street, sidewalk or parking area;
(7)
No loudspeakers or sound equipment shall be used by adult uses that can be heard by the public from outside the establishment; and
(8)
As a condition of approval of any adult use, there shall be a restriction that no person under the age of 18 years shall be permitted into or on the premises.
B.
Additional sign requirements. In addition to the sign requirements of this chapter,[1] the following provisions shall apply to signs erected or maintained in connection with an adult use.
(1)
No off-site signs shall be permitted;
(2)
Advertisements, displays or promotional materials shall not be shown or exhibited so as to be visible to the public from pedestrian sidewalks or walkways or from other areas public or semipublic, and such displays shall be considered signs;
(3)
Not more than one business wall sign shall be permitted for an adult use, and such sign shall be permitted only on the front facade;
(4)
Sign messages shall be generic in nature, shall not contain advertising material and shall only identify the business that is being conducted; and
(5)
Such sign shall be reviewed by the Town Board in conjunction with the special use application and shall conform to all signage requirements of this chapter.
§ 115-52 Agricultural animals, noncommercial.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The keeping of agricultural animals owned by a resident or occupant for noncommercial agricultural purposes shall be a permitted accessory use within an AR-Agricultural Residential District subject to the following:
A.
The lot has a minimum width of 150 feet and a minimum lot area of two acres for the first agricultural animal and additional area of one acre for each additional agricultural animal;
B.
The barn and grazing area is located at least 200 feet from any neighboring residence.
C.
The barn is located at least 25 feet from any lot line.
D.
Manure and other waste or excretion accumulation on such premises or in a structure shall not be kept in an unsightly or unsanitary manner. The waste shall be properly disposed of so as not to create odors that disturb occupants of adjoining properties. Nothing in this provision shall authorize on-site disposal of waste of any animals not resident on the zoning lot.
§ 115-53 Commercial riding stables.
A commercial riding stable with or without a riding school is permitted within an Agricultural Residential District with approval of a special use permit from the Town Board subject to the following:
A.
The site shall consist of no less than five acres, with no less than one acre per horse, not including parking areas, and no more than 50 horses shall be boarded at one time. All lands used to meet this requirement for commercial riding stables shall be under single ownership.
B.
The barn or any stabling facility and grazing area is located at least 200 feet from any neighboring residence and at least 100 feet from the applicant's personal residence.
C.
The barn or any stabling facility is located at least 25 feet from any lot line, and the grazing area is located at least 10 feet from any lot line.
D.
Manure and other water or excretion accumulation on such premises or in a structure shall not be kept in an unsightly or unsanitary manner. The waste shall be properly disposed of so as not to create odors that disturb occupants of adjoining properties. Nothing in this provision shall authorize on-site disposal of waste of any animals not resident on the zoning lot.
§ 115-54 Communication facilities.
A.
Purpose. The Town of Sardinia recognizes the increased demand for wireless communications transmitting facilities and the need for the services they provide. Often, these facilities require the construction of a communications tower. The intent of this section is to protect the Town's interest in properly siting communication towers, building-mounted antennas and similar communication facilities in a manner consistent with sound land use planning by minimizing adverse visual effects of towers through careful design, siting and vegetative screening; avoiding potential damage to adjacent properties from tower failure or falling debris through engineering and careful siting of tower structures; and maximizing use of any new or existing tower, or existing building and/or structures, to reduce the number of communication towers needed while also allowing wireless service providers to meet their technological and service objectives.
B.
Where permitted. Communication facilities shall be permitted in the LC-Limited Commercial and the BL-Business-Light Industrial Zoning Districts upon issuance of a special use permit and site plan approval by the Town Board, consistent with the requirements of Article IX and Article X of this chapter.
C.
Maximum allowable height. The height of communication towers, including the mounting height of any antenna, shall be 150 feet from grade.
D.
Standards for issuing a special use permit. The following standards shall be the basis for an approval of a special use permit for a communications facility and in addition to the general requirements of Article X, Special Use Permits, of this chapter:
(1)
The communication facility is situated within a permitted zoning district; and
(2)
The communication facility is situated a minimum of 1,000 feet from any existing residence; and
(3)
The height of any communication tower does not exceed 150 feet from grade; and
(4)
The communication facility, including building-mounted facilities, will be designed and constructed in a manner which minimizes visual impacts to the extent practicable. The ability to minimize visual impacts shall be demonstrated by an applicant/developer by providing evidence through the use of visual simulation, line-of-sight drawings or other medium demonstrating that the site(s) chosen or alternative sites recommended by the Town will not impact aesthetic resources or cultural resources important to the community or that such impacts can be mitigated through the use of camouflage technology; and
(5)
The applicant/developer can demonstrate the necessity of the site chosen by providing a "search ring" prepared by a qualified radio frequency engineer and overlaid on an appropriate background map demonstrating the area within which the communications facility needs to be located in order to provide proper signal strength and coverage to the target cell. The applicant must be prepared to justify to the Town Board why it selected the proposed site, discuss the availability (or lack of availability) of a suitable structure within the search ring which would have allowed for collocated antenna(s), and to what extent the applicant explored locating the proposed tower in alternative sites, or alternative sites recommended by the Town; and
(6)
The applicant/developer can demonstrate a technological need for the site chosen, by providing before and after propagation studies prepared by a qualified radio frequency engineer demonstrating existing signal coverage, contrasted with the proposed signal coverage resulting from the proposed communications facility or alternative locations/facilities recommended by the Town; and
(7)
The applicant/developer provides guarantees to allow for co-location opportunities on the communication tower to lessen the need for additional communication towers in the community; and
(8)
The applicant/developer can demonstrate that the facility will be operated only at Federal Communications Commission (FCC)-designated frequencies and power levels within Environmental Protection Agency (EPA) technical exposure limits for electromagnetic radiation, and that the applicant provide competent documentation to support that maximum allowable frequencies, power levels and exposure limits for radiation will not be exceeded; and
(9)
Other reasonable standards which may serve to protect the general public health safety and welfare of the community.
E.
Submission requirements. The applicant/developer shall submit the following information with an application for a special use permit and application for site plan approval which shall be in addition to the information required on the Town site plan checklist.
(1)
A completed visual environmental assessment form (visual EAF).
(2)
General site location map showing the location of the proposed communication facility, proposed access roads, any residence within 1,000 feet, the search ring for the cell facility and any alternative sites within or in proximity of the search ring.
(3)
The proposed mounting height of the communication facility, and the mounting heights of facilities at alternative sites considered.
(4)
Typical detail drawings indicating the type of communication tower/facility, accessory structures, safety lighting type, color of the proposed facility and any security features of the facility/perimeter.
(5)
A landscaping/visual screening plan.
(6)
Before and after propagation surveys showing existing and proposed radio signal coverage.
(7)
Company co-location agreements and/or policies.
(8)
Evidence of Federal Aviation Authority (FAA) notifications.
(9)
Evidence of Federal Communication Commission (FCC) license indicating designated frequency and power limits.
F.
Aesthetic impacts. In order to thoroughly evaluate the potential visual impacts a communication facility may have on the community and its character, the following additional information may be requested of the applicant/developer during the review of a site plan/special permit application request:
(1)
Visual impact analysis preparation.
(a)
The preparation of a visual impact analysis (VIA) may be asked of the applicant/developer based on information revealed in the visual environmental assessment form. The purpose of the VIA is to:
[1]
Define the visual character of the project study area.
[2]
Inventory and evaluate existing visual resources and viewer groups within the study area.
[3]
Identify key views for visual assessment which represent the range of landscape characteristics and viewer groups within the project study area.
[4]
Assess the visual impacts associated with the proposed action.
(b)
The VIA is to be prepared under the direct guidance of a registered landscape architect experienced in the preparation of visual impact assessments. The VIA is to be prepared in accordance with the policies, procedures and guidelines contained in established visual impact assessment methodologies. Such methodologies shall include the use of visual simulations and line-of-sight drawings.
(2)
The use of on-site locators to assist Town reviewers in evaluating the potential visual impact, including but not limited to the use of tethered balloons, cranes or other reasonable measures to establish proposed mounting heights in the field and the location of the proposed facility.
G.
Alternatives requested by the Town. During the review of a special permit and site plan application for a communication facility, the Town has the right to request that the applicant/developer consider modifications to his/her proposed project or alternatives which will mitigate for visual impacts, including:
H.
Co-location opportunities.
(1)
The shared use of existing communication facilities or the use of existing structures/buildings shall be the community standard and first preference for alternatives to be considered by the Town. All applicants must provide co-location agreements allowing other users to share their proposed facilities.
(2)
Applicants must demonstrate that the proposed communication facility cannot be accommodated on existing facilities or structures/buildings. Evidence demonstrating the inability to co-locate shall include but not be limited to the following:
(a)
The planned equipment would exceed the structural capacity of existing facilities or other structures, considering the existing and planned use for such existing facilities/structures;
(b)
The planned equipment would cause radio frequency interference with other existing or planned equipment, which cannot be reasonably prevented;
(c)
Existing facilities or other structures do not have space which would allow for proposed equipment to function effectively and reasonably;
(d)
Other technical justification is provided showing the practical difficulties with co-location or building-mounted locations.
I.
Structural safety, proximity to other structures and perimeter security. The applicant/developer must demonstrate that the communication facility will be a sufficient distance from adjacent property lines and/or structures to safeguard the general public and/or adjacent property from damage in the event of tower failure or falling debris such as ice. Such distance shall be a minimum of the tower height to any property line. Any lease lines established for the communication facility must accommodate the entire facility and it equivalent mounting height distance, including any accessory installations such as guy supports, etc. All communication facilities must be safeguarded from unauthorized access with the use of perimeter security fencing, breakaway road gates, etc.
(2)
All communication facilities shall be designed by a New York State licensed engineer and be designed to meet the minimum requirements of the New York State Uniform Fire Prevention and Building Code.
(3)
A structural maintenance/safety inspection schedule must be supplied by the developer/applicant indicating the time frames in which the facility will undergo routine safety and maintenance inspections by a New York State licensed engineer. Such inspection reports must be made available to the Town Code Enforcement Officer upon completion and at a frequency not less than every two years. The Town may request an inspection report sooner if it believes that facility was subject to unusual loadings or incurred damage.
J.
Abandonment and removal.
(1)
Prior to an approval of special use permit and site plan approval of a communication facility, the applicant/developer must submit a written agreement to the Town Board to remove the communication facility, and all accessory installations thereto, if the facility becomes abandoned, technologically obsolete or ceases to perform its originally intended function for a period of 12 months.
(2)
Such agreement shall be secured with a performance bond equivalent to the cost of removing the structure and all accessory installations and shall name the Town of Sardinia as an insured. Said abandonment agreement shall bind the applicant/developer and his/her successors or assigns in perpetuity, until such removal is complete. The applicant must produce cost estimates for the removal of the facility as a basis for establishing the bond amount.
§ 115-55 Hazardous materials storage.
The storage of hazardous materials for use in the production of goods, as a source of fuel, providing services or providing a commodity shall be done in accordance with the New York State Uniform Fire Prevention and Building Code and any subsequent amendments thereto. All installation, storage and handling of such hazardous materials shall be though an approved hazardous materials permit issued by the Town Code Enforcement Officer. The Town Board may limit quantities of such hazardous materials as a condition of site plan approval or as a condition of special permit issuance to safeguard the health, safety and general welfare of the community.
A.
The use of below-grade fuel storage tanks within the AR-Agricultural-Residential and the HR-Hamlet Residential Districts shall be prohibited.
B.
Underground storage tanks installed and abandoned for a period of 30 days shall be safeguarded, meeting the minimum requirements of the New York State Fire Code.
C.
Underground storage tanks installed prior to the adoption of this chapter, and any such storage tank installed after the adoption of this chapter, which have been taken out of service for a period of one year shall be removed from the ground and consistent with the requirements of the New York State Fire Code. Such removal shall be done though an approved permit issued by the Town Code Enforcement Officer and appropriate approvals issued by the New York State Department of Environmental Conservation.
§ 115-56 Motor vehicle service stations and repair shops.
Motor vehicle service stations and repair shops shall be permitted in the LC and BL Districts by special use permit approved by the Town Board and site plan approval subject to the following conditions:
A.
All gasoline dispensers, fueling dispensers, vacuums, air dispensers, drying areas and similar appurtenances shall be arranged to require all servicing on the premises and outside the public way, and no such appurtenance shall be placed closer than 50 feet to any road right-of-way.
B.
Two reservoir spaces for each fuel-dispensing position shall be provided on the lot for waiting vehicles. Such reservoir space shall not include space at the dispensing unit or other required parking spaces on the lot.
C.
All hazardous material storage and/or use of hazardous materials shall be provided with safeguards and/or be contained to prevent contamination of groundwater resources.
D.
All repair activities shall be conducted within an enclosed building.
E.
A maximum of one motor vehicle per 500 square feet of gross ground floor area of a principal building, which is not properly licensed, may be kept outside of an enclosed building while awaiting repair work.
F.
All waste material, discarded parts, parts to be reused and/or salvaged shall be stored within a structure or enclosed within a refuse enclosure so as not to be visible from off the property.
G.
Display areas designated for motor vehicles and/or other vehicles offered for sale shall be a minimum of 50 feet from any road right-of-way.
§ 115-57 Outdoor display of merchandise.
Seasonal display of retail merchandise may be displayed outside a retail store during business hours, providing the following criteria are complied with:
A.
The seasonal display is accessory to a retail store, and not a principal use.
B.
The area to be utilized for exterior daily display is clearly shown on the site plan to be considered for site plan approval.
C.
All retail products are removed from designated areas and the end of the season. Any such display may not exceed a three-month consecutive period.
D.
The area for display does not create any visual obstructions for motorists or pedestrians.
E.
All such displays shall be properly secured and not pose a hazard to the general public due to windy conditions or unstable displays.
F.
Display of products may not exceed six feet in height.
§ 115-58 Outdoor furnaces; limited locations; purpose.
In order to protect the health, safety and general welfare of the residents of the hamlets of Sardinia and Chaffee, the use of exterior solid-fuel furnaces are not permitted within the HR-Hamlet Residential District and the HB-Hamlet Business District. The use of such accessory appliance outside of the HR-Hamlet Residential and the HB-Hamlet Business Zoning Districts is permitted, subject to the minimum yard requirements of this chapter for accessory structures and consistent with the minimum provisions of the New York State Uniform Fire Prevention and Building Code.
§ 115-59 Outdoor seating/outdoor activities.
A.
Outdoor seating for dining and/or consumption of food or drinks is permitted as an accessory use subject to site plan approval. Applications for site plan modifications solely to add outdoor seating need only submit a plan showing the proposed seating and the area of the premises to be used, as well as showing any impacts on traffic flow, and that adequate provisions for off-street parking and for pedestrian flow in the area have been made.
B.
Outdoor seating areas shall be a minimum of 50 feet from any adjacent lot within a AR-Agricultural Residential or Hamlet Residential District or existing residential use.
C.
Outdoor seating or viewing established for purposes of mass gathering or entertainment purposes accessory to a permitted use shall be permitted only by special permit approved by the Town Board and site plan approval. A special permit approval will be based on the following:
(1)
Such outdoor activity area will not create nuisances to neighboring lands such as excessive noise, light or air particulate emissions;
(2)
Adequate safeguards are established that protect the public safety, health and welfare of the participants and the general public;
(3)
Adequate provisions are made to mitigate impacts to the Town's streets and other public infrastructure or necessary public services
§ 115-60 Outdoor storage.
Outdoor storage of merchandise, material, or equipment is permitted in LC-Limited Commercial District and the BL-Business-Light Industrial District if:
A.
The outdoor storage is incidental to a use located on the premises.
B.
The outdoor storage does not occupy any required yard area. The display of motor vehicles, farm equipment and similar motor-driven vehicle, if displayed on an approved parking area for such use, shall be considered outdoor-storage-limited by this section.
C.
The storage area does not exceed:
D.
The storage area is screened in accordance with this chapter except for automobile and recreational vehicle sales.
E.
Storage height:
(1)
In the LC District, stored items shall not exceed the height of the screen, or eight feet, whichever is lower, and shall be set back from all property lines consistent with the setback requirements as established for the LC District.
(2)
In the BL District, stored items shall not exceed the height allowed for accessory structures and shall be set back from all property lines consistent with the setback for such structures
F.
The use of trailers or trailer/containers shall be prohibited.
§ 115-61 Ponds.
A.
The construction of private ponds for recreational purposes, for scenic benefits or on-site reclamation for fill material requires the issuance of a special construction permit by the Town Code Enforcement Officer.
B.
Exemptions: The following ponds are exempt from the special permit requirements as specified above:
(1)
Ponds with a water surface area of 100 square feet or less.
(2)
Prefabricated decorative landscaping ponds.
(3)
Ponds required for stormwater management purposes and approved as a part of a realty subdivision or site plan approval.
(4)
Ponds required for firefighting water supplies and approved as part of a realty subdivision or a site plan approval.
(5)
Ponds accessory to agricultural uses for irrigation or feeding or for the pasturage of animals.
C.
Where permitted. Ponds may be constructed in any zoning district other than the HR-Hamlet Residential and the Hamlet Business Districts.
D.
Minimum size of site. All proposed ponds must be on a site with a minimum of three acres of land area.
E.
General requirements:
(1)
All proposed ponds requiring a special construction permit shall conform to the requirements of, and be approved by, the United States Department of Agriculture, the Natural Resource Conservation Service (NRCS) or the Erie County Soil and Water Conservation Service (SWCD) or, at the applicant's choice, be designed by a New York State licensed professional engineer or a New York State licensed landscape architect.
(2)
All pond special construction permits shall be accompanied by a site plan drawn to scale, showing the total acreage of the property, location of property lines, proposed pond location, existing improvements, including but not limited to dwellings, accessory structures, drives, wells, septic tanks and leach fields; and any natural features such as streams, wetlands and topographical features.
(3)
The pond shall not be closer than 25 feet to any property line or within 100 feet of an existing septic field or individual sewage disposal system or well.
(4)
The pond shall be provided with an outfall location which shall drain to a natural waterway or suitable outlet available on site.
(5)
No pond may adversely interfere with or impede the natural flow of water nor adversely impact any floodplain, floodway or regulated wetlands.
(6)
All pond designs must be provided with a grading plan for all material excavated. All excavated material must be reclaimed on site to the maximum extent practicable.
(7)
All pond designs must not create adverse drainage impacts for neighboring lands. All designs prepared by a New York State licensed professional must be supported by drainage calculations and a soil analysis confirming the suitability of the soils to support the retention of water.
F.
Permit approvals:
(1)
The Code Enforcement Officer shall approve all special construction permits for private pond construction. All applications must be accompanied by a pond design approved by the United States Department of Agriculture, the Natural Resource Conservation Service (NRCS) or the Erie County Soil and Water Conservation Service (SWCD). Failure by an applicant to obtain an approved design from the aforesaid agencies will require the submittal of a pond design prepared by a New York State licensed professional engineer or a New York State licensed landscape architect.
(2)
Ponds which are regulated by the New York State Department of Environmental Conservation (NYSDEC) due to their size must first obtain a permit from the NYSDEC, prior to a permit being issued by the Town Code Enforcement Officer.
§ 115-62 Municipal solid waste landfill.
A.
A municipal solid waste landfill shall be permitted in the BL-Business-Light Industrial Zoning District by special use permit approved by the Town Board and with site plan approval. For purposes of this section, a solid waste landfill shall not include landfills for hazardous wastes, regulated medical wastes, automobile dismantling, waste tire storage facilities, used oil transfer facilities, used oil storage facilities, used oil processing facilities, used engine lubricating oil retention facilities, land application facilities, composting facilities or incineration facilities.
B.
Standards for issuance of a special use permit. The Town Board may approve the establishment of a solid waste landfill, providing that:
(1)
The siting of such a facility does not pose a hazard to the health, safety and general welfare of the community; and
(2)
The establishment of such a facility is consistent with the requirements of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York, Part 360; and
(3)
The landfill facility is on a site with a minimum of 400 acres so that adequate buffers can be established to protect nearby lands; and
(4)
Such site has access on a state highway; and
(5)
The proposed landfill area is a minimum of 1,500 feet from a regional or state highway; and
(6)
The facility recaptures methane gas for beneficial reuse or will provide a mechanism to recapture such gas and establish a time frame acceptable to the Town Board to implement the reuse of such methane gas; and
(7)
A host municipality agreement is offered to, and approved by, the Town of Sardinia; and
(8)
The facility is operated by an organization with an established business history in the operation and maintenance of solid waste handling and can provide monetary security guarantees for the maintenance of the facility, including monitoring of groundwater inspection wells and remedial work for breaches which may pose a health hazard to the community; and
(9)
Guarantees are provided for workforce levels at the landfill facility; and
(11)
Visual impacts associated with the proposed facility will be evaluated by a visual impact assessment utilizing visual simulations and proposed mitigation measures, including but not limited to the planting of vegetative screens on the premises, as well as vegetative line-of-sight interferences off the premises (with permission of landowners) are provided. Such vegetative screens shall be maintained as required by the landscaping sections of this chapter;[1] and
(12)
Potential diminution in property values of contiguous neighboring off-site lands or lands within 1/2 mile of the proposed landfill are mitigated by the landfill operator/owner or his/her successors.
C.
Failure of a special permit applicant to demonstrate that the above standards will be met is justification for denial of a special permit request. The Town has the right to deny the issuance of a special permit for a solid waste landfill if it believes that the chosen site will cause an impairment to the character of the community.
D.
Once a special use permit is granted for a solid waste landfill, any modifications to an NYSDEC permit to operate such landfill shall require the submittal of a new special permit application for consideration by the Town Board.
§ 115-63 Solar energy systems.
[Added 1-12-2017 by L.L. No. 1-2017; amended 3-12-2020 by L.L. No. 1-2020; 5-13-2021 by L.L. No. 1-2021]
A.
Statement of purpose. This solar energy section is adopted to advance and protect the public health, safety, and welfare of the Town by creating regulations for the installation and use of solar energy generating systems and equipment, with the following objectives and intent:
(1)
To take advantage of a safe, abundant, renewable and nonpolluting energy resource;
(2)
To decrease the cost of electricity to the owners of residential and commercial properties, including single-family houses;
(3)
To invest in a locally generated source of energy to increase employment and business development in the Town of Sardinia to the extent reasonably practical by furthering the installation of solar energy systems;
(4)
To provide other benefits to the Town and its residents to mitigate impacts from the solar project;
(5)
To mitigate the impacts of solar energy systems on environmental resources such as important agricultural lands, forests, wildlife and other protected resources. The use of small-scale, on-farm sources alternative to energy generation is beneficial to local farmers allowing them the ability to cut utility costs and/or supplement their income;
(6)
To protect adjoining/surrounding property owners by mitigating the potential impacts from large scale solar installations;
(7)
To aid in the energy independence of the community as well as the country;
(8)
To create zoning regulations in accordance with the Town's Comprehensive Plan, its Agriculture and Farmland Protection Plan, and other regional planning documents;
(9)
To allow for a total of up to 2,500 acres of Tier 3 and 4 solar energy systems within the Town. This acreage calculation is based on the area within the fenced in area of the project site (includes panels transmission lines above ground, access roads, all area between and around panels, and any associated equipment, structures, or facilities and other solar energy equipment).
(a)
Any transmission line aboveground shall be calculated into the entire footage of the project. Underground transmission lines shall not be included in the area total.
B.
Applicability.
(1)
The requirements of this section shall apply to all solar energy systems permitted, installed, or modified in the Town after the effective date of this section, excluding general maintenance and repair.
(2)
Solar energy systems constructed or installed prior to the effective date of this section shall not be required to meet the requirements of this section.
(3)
Modifications to an existing solar energy system that increase the solar energy system area by more than 5% of the original area of the solar energy system (exclusive of moving any fencing) shall be subject to this section.
(4)
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 Town Code.
(5)
All applicable substantive standards set forth in this law are intended to apply to projects sited by the State Siting Board, the Office of Renewable Energy Siting, or any other government body of competent jurisdiction to provide siting approval for power plants within the confines of the Town of Sardinia.
C.
General requirements.
(1)
A building permit shall be required for installation of all solar energy systems.
(2)
Issuance of permits and approvals by the Planning Board shall include review pursuant to the State Environmental Quality Review Act ECL Article 8 and its implementing regulations at 6 NYCRR Part 617 ("SEQRA").
(3)
This section shall take precedence over any inconsistent provision of the Zoning Law of the Town of Sardinia.
(4)
All permitted solar energy systems shall be installed by a qualified solar installer.
(5)
This section shall not apply to any lot owned by a municipality.
D.
Permitting requirement 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 systems:
(1)
Roof-mounted solar energy systems.
(a)
Roof-mounted solar energy systems shall incorporate, when feasible, the following design requirements:
[1]
Solar panels on pitched roofs shall be mounted with a maximum distance of eight inches between the roof surface the highest edge of the system.
[2]
Solar panels on pitched roofs shall be installed parallel to the roof surface on which they are mounted or attached.
[3]
Height: Tier 1 solar energy systems shall have the following height restrictions for all zoning districts: two feet above roof of highest existing structure, but shall not be higher than the allowed height in the underlying zoning district, unless a variance is received.
[4]
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.
(b)
Glare: All solar panels shall have anti-reflective coating(s) and proof of such must be provided with the building permit application.
(c)
Fire safety: All roof-mounted systems shall be designed and installed in accordance with the Uniform Fire Prevention and Building Code Standards.
(2)
Building-integrated solar energy systems. Building-integrated solar energy systems shall be shown on the plans submitted for the building permit application for the building containing the system. (See Appendix T1 for table.)[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
E.
Permitting requirements for Tier 2 solar energy systems. All Tier 2 solar energy systems shall be permitted in all zoning districts as an accessory use and require site plan review in accordance with the Town of Sardinia zoning code and other Town land use regulations. The site plan application shall include a site plan and address the following requirements:
(1)
Glare. All solar panels shall have anti-reflective coating(s) and proof of such must be provided with the building permit application.
(2)
Setbacks. Tier 2 solar energy systems shall be setback a minimum of 50 feet from any side or rear property line. All ground-mounted solar energy systems shall only be installed in the side or rear yards. In all cases, the solar panels shall be located a minimum of 75 feet from any dwelling unit on an adjoining nonparticipating property.
(3)
Height. Tier 2 solar energy systems shall be less than 12 feet in the Agricultural-Residential District and the Hamlet Residential District. Height shall be less than 15 feet for all remaining districts.
(4)
Screening and visibility.
(a)
All Tier 2 solar energy systems shall have views minimized from adjacent properties to the extent reasonably practicable (as determined through the site plan process).
(b)
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. (See Appendix T2 for table.)[2]
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
F.
Permitting requirements for Tier 3 solar energy systems. All Tier 3 solar energy systems are permitted through the issuance of a special use permit within Agricultural-Residential District, Hamlet Residential District, Hamlet Business District, Limited Commercial District, Business-Light Industrial District, and the Government-Community Facilities District, and subject to site plan application requirements set forth in this section. In order to ensure that the benefits of the community solar energy resource are available to the entire community, the Town of Sardinia requires the applicant to enter into a solar energy system PILOT and host community agreement with the Town of Sardinia.
(1)
Applications (process) for the installation of Tier 3 solar energy system shall be:
(a)
Received by the Zoning Enforcement Officer (ZEO) and checked to make sure the appropriate documents have been submitted. The ZEO will then forwarded to the Planning Board, by having it placed on the next available agenda, for them to determine completeness of the application. Applicants shall be advised within 10 business days of the first Planning Board meeting of the completeness of their application or any deficiencies that must be addressed prior to substantive review of the special use permit and site plan.
(b)
Once the application is deemed complete and while the Planning Board is completing their reviews, the project/application shall be referred to the Town Board to begin completion of the host community agreement. This agreement will need to be finalized before the Town Board acts on the special use permit. (See Article X, § 115-86, Authority to issue, of Town of Sardinia Zoning Code.)
(c)
Subject to a public hearing to hear all comments for and against the application. The Town shall complete all public notice requirements in accordance with the special use requirements of the Town.
(d)
Referred to the Erie County Planning Department pursuant to General Municipal Law § 239-m if required.
(e)
Acted upon by the Planning Board, once the required steps are completed and the Town Board has completed the SEQR process.
(2)
Design and application requirements. Applications for Tier 3 solar projects shall address and include the following:
(a)
Vehicular paths. Vehicular paths within the site shall be designed to minimize the extent of impervious materials and soil compaction.
(b)
Signage.
[1]
No signage or graphic content shall be displayed on the solar energy systems except the manufacturer's name, equipment specification information, safety information, and twenty-four-hour emergency contact information. Said information shall be depicted within an area no more than eight square feet.
[2]
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.
(c)
Glare. All solar panels shall have anti-reflective coating(s) and proof of such submitted.
(d)
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 (dark sky compliant) from abutting properties.
(e)
Noise. Information on any noise producing equipment (as determined by the Town based on application materials) shall be submitted. If necessary, the Planning Board will require analysis of the noise on any sensitive receptors, including single-family homes.
(f)
Tree-cutting. Removal of existing trees larger than six inches in diameter should be minimized to the extent possible.
(g)
Decommissioning.
[1]
Solar energy systems that have been abandoned and/or not producing electricity (defined as operated at a minimum of 50% capacity for a period of at least six months) for a period of one year shall be removed at the owner and/or operator's expense, which at the owner's option may come from any security made with the Town as set forth in this law.
[2]
A decommissioning plan (see Appendix 1)[3] signed by the owner and/or operator of the solar energy system shall be submitted by the applicant, addressing the following:
[a]
The cost of removing the solar energy system (no allowance for recycle value).
[b]
The time required to decommission and remove the solar system and any ancillary structures.
[c]
The time required to repair any damage caused to the property by the installation and removal of the solar energy system.
[d]
All calculations shall be verified by the engineer employed by the Town.
[3]
Editor's Note: Said appendix is included as an attachment to this chapter.
[3]
Security.
[a]
The deposit, executions, or filing with the Town Clerk of cash, bond, or other form of security reasonably acceptable to the Town Attorney and/or engineer and approved by the Town Board, shall be in an amount sufficient to ensure the good faith performance of the terms and conditions of the permit issued pursuant hereto and to provide for the removal and restorations of the site subsequent to removal. The amount of the bond or security shall be 125% of the cost of removal of the Tier 3 solar energy system and restoration of the property with an escalator of 2% 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.
[b]
In the event of default upon performance of such conditions, after proper notice and expiration of any cure periods, the cash deposit, bond, or security shall be forfeited to the Town, 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.
[c]
In the event of default or abandonment of the solar energy system, the system shall be decommissioned as set forth in this section.
(h)
Application fees: All applications for Tier 3 (and Tier 4) solar energy systems shall include the appropriate fees as set by the Sardinia Town Board. The applicant shall reimburse the Town for all legal and expert/engineering costs required to review applications, whether made to the Town of Sardinia, the Office of Renewable Energy Siting ("ORES"), or the Board on Electric Generation Siting and the Environment (the "Siting Board").
(i)
Maintenance plan: applications shall include a maintenance plan for all leased lands (including required setbacks/buffers). (Noxious weeds shall not be tolerated. Monthly mowing shall occur in the months of May, June, July, August, and September. Monthly debris removal from the fence line is required.)
(j)
Safety; applications shall include a safety plan (including communication with emergency service providers).
(k)
Environmental and cultural resources; information on the environmental and cultural resources (as identified through the NYSDEC mapping system and by the Town of Sardinia) on the subject property and surrounding properties.
(l)
A property owner who has installed, or intends to install, a solar energy system may choose to negotiate with other property owners in the vicinity for any necessary solar skyspace easements. The issuance of a special use permit by the Town does not constitute solar skyspace rights, and the Town shall not be responsible for ensuring impermissible obstruction to the solar sky space as a result of uses or development performed in accordance with Town Code.
(3)
Site plan application. For any solar energy system requiring a special use permit, site plan approval shall be required. This required site plan application shall include a site plan and the following information:
(a)
A plan illustrating property lines and physical features, including roads, for the project site.
(b)
Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, and screening vegetation or structures.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
(g)
Zoning district designation for the parcel(s) of land comprising the project site.
(h)
Property operation and maintenance plan. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing and trimming (or other methodologies).
(i)
Erosion and sediment control and stormwater 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.
(j)
Engineering documents must be signed and sealed by a New York State (NYS) licensed professional engineer or NYS registered architect.
(k)
A completed SEQR full environmental assessment form.
(l)
A landscape plan in accordance with the special use permit requirements of this section.
(m)
A calculation of the area of the solar energy system in acres (as defined in the definition of Tier 3 and Tier 4 systems). The Town will add this to the existing approved acreage of Tier 3 and 4 systems to determine if the project does not exceed the 2,500-acre threshold. If it is determined by the Town that the proposed project would exceed the 2,500-acre threshold, the application will be returned to the applicant and the project will not be allowed to proceed.
(n)
For applications for Tier 4 systems, any off-site infrastructure, including transmission lines and points of grid interconnection (POI), shall be noted on site plans and be included in review of the project. Any off-site POI should be subject to the same safety and visibility requirements as the balance of the project.
(o)
Any utility poles constructed as part of a solar project may be made available for co-location by other utilities.
(p)
Any such other additional information as may be required by the Planning Board a Town professional engineer or consultant, the Sardinia Town Board, the Town Attorney, the Town Code Enforcement Officer, or other Town entity.
G.
Special use permit standards.
(1)
Specific standards.
(a)
Lot size. There are no lot size requirements; the project must be shown to meet all setback and other requirements of this section.
(b)
Setbacks. All Tier 3 solar energy systems shall be set back a minimum of 50 feet from the fence surrounding the solar panels and equipment to all property lines and to the edge of any road ROW. Additionally, the setback from the fence line shall be a minimum of 300 feet from the side or rear of a dwelling unit on an adjoining nonparticipating property. The setback to any off-site participating dwelling unit shall be 100 feet from the side or rear of the dwelling unit.
[1]
There shall be no setback requirements for adjacent participating parcels.
(c)
Height. The Tier 3 solar energy systems shall be less than or equal to 20 feet. The height of systems will be measured from the highest natural grade below each solar panel. This height requirement can be waived by the Planning Board if the panels are being raised to accommodate agricultural purposes (grazing).
(d)
Fencing requirements. All mechanical equipment, including any structure for storage batteries, shall be enclosed by a fence, and meet any other regulatory requirements such as NEC, with a self-locking gate to prevent unauthorized access.
(e)
Screening and visibility.
[1]
Solar energy systems smaller than five acres shall have views minimized from adjacent properties to the extent reasonably practicable using architectural features, earthen berms, landscaping, or other screening methods that will harmonize with the character of the property and surrounding area.
[2]
Solar energy systems larger than five acres shall be required to:
[a]
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 be submitted by the applicant.
[b]
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 Planning Board will in good faith determine the adequacy of these measures in its sole and absolute discretion.
[c]
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 planting, plus two supplemental shrubs at the reasonable discretion of the Town Planning Board, all planted within each 10 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 Town. This minimum screening requirement will be reduced if adjoining properties are participating properties. Review of survival of plantings will be required annually for three years.
[d]
For any buildings or structures (not panels) to be placed on the site, the applicant shall be required to submit plans illustrating how these structures will blend into the character of the area. For example, buildings can be made to look like agricultural structures such as barns.
(f)
Agricultural resources. For projects located on agricultural lands:
[1]
Any Tier 3 solar energy system located in areas that consist of prime farmland soils or farmland soils of statewide importance shall not exceed 50% of the area of prime farmland or farmland of statewide importance on the parcel upon which panels and other solar energy equipment (the fenced-in area) are to be installed. Any program in which the applicant participates that provides for the use of the land within the fenced-in area as farm related uses may be excluded from this 50% coverage threshold calculation based on the amount of space actually occupied by the farm use. This exclusion will only be allowed based on a Planning Board's determination that these lands are being used for actual agricultural uses.
[2]
Tier 3 solar energy systems located on prime farmland shall be constructed in accordance with the construction requirements of the New York State Department of Agriculture and Markets (See NYS Agriculture and Markets Guidelines).
[3]
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. Once established, other agriculture uses such as pasturing livestock and apiculture are permissible and encouraged.
[4]
Agricultural restoration requirements: once the system is decommissioned, the site shall be restored and remediated in accordance with the NYS Agriculture and Markets Guidelines (this will be a condition of the special use permit).
(g)
Noise. The project shall be shown to not have any adverse noise impacts on any surrounding homes or other sensitive receptors (use of NYSDEC regulations concerning noise).
(h)
Hazardous materials. The project components shall not contain any hazardous materials that could contaminate soils or the air by their release (units shall not contain cadmium or other hazardous materials). Specific material data information/specifications (SDS/MSDS sheets) shall be submitted on all components of the project. The applicant must ensure that no harmful chemicals will be leaked into the soils over the life of the project. For certain components of the project, information on spill containment systems will need to be provided. This required information shall be reviewed by the Planning Board, their consultants and the Fire Department.).
(i)
Solar energy system liability insurance.
[1]
The holder of a special use permit for a solar energy system shall agree to secure and maintain for the duration of the permit, public liability insurance as follows:
[a]
Commercial general liability covering personal injuries, death and property damage: $5,000,000 per occurrence ($10,000,000 aggregate) which shall specifically include the Town of Sardinia and its officers, councils, employees, attorneys, agents and consultants as additional named insured;
[b]
Umbrella coverage: $10,000,000.
[2]
Insurance company. The insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the state and with at least a Best's rating of "A."
[3]
Insurance policy cancellation. The insurance policies shall contain an endorsement obligating the insurance company to furnish the Town of Sardinia with at least 30 days' prior written notice in advance of cancellation.
[4]
Insurance policy renewal. Renewal or replacement policies shall be delivered to the Town of Sardinia at least 15 days before the expiration of the insurance that such policies are to renew or replace.
[5]
Copies of insurance policy. No more than 15 days after the grant of the permit before construction is initiated, the permit holder shall deliver to the Town of Sardinia a copy of each of the policies or certificates representing the insurance in the required amounts.
[6]
Certificate of insurance. A certificate of insurance states that it is for informational purposes only and does not confer sufficient rights upon the Town of Sardinia shall not be deemed to comply with this section.
[7]
Certificate of insurance. A certificate of insurance states that it is for informational purposes only and does not confer sufficient rights upon the Town of Sardinia shall not be deemed to comply with this section.
[8]
(See Appendix T3-4 for table.)[4]
[4]
Editor's Note: Said appendix is included as an attachment to this chapter.
H.
Permitting requirements for Tier 4 solar energy systems. All Tier 4 solar energy systems are permitted through the issuance of a special use permit within the Agricultural-Residential District, Hamlet Residential District, Hamlet Business District, Limited Commercial District, Business-Light Industrial District, and the Government-Community Facilities District and subject to site plan and special use permit requirements set forth in this section for Tier 3 projects (all requirements in § 115-63F and G). In order to ensure that the benefits of the community solar energy resource are available to the entire community, the Town of Sardinia shall require all Tier 4 applicants to enter into a solar energy system PILOT and host community agreement. These Tier 4 systems are very large systems that have a potential to significantly impact the Town of Sardinia, its citizens and the economy of the community. Therefore, the Tier 4 systems shall require the following additional (in addition to those in the Tier 3 level) submittals and requirements, or revisions to Tier 3 requirements:
(1)
Submittal of an agricultural impact statement to determine the impact to agriculture in the Town. The Town of Sardinia has a standard agricultural impact statement table of contents that will be provided to the applicant. The Planning Board, on a project by project basis, will work with the applicant on finalizing the requirements of this agricultural impact statement.
(2)
Submittal of an economic impact analysis to determine the impact to the economy of the Town. This includes the agricultural impacts in the agricultural impact statement and information as noted by the Town Planning Board (Town to provide scoping of this study).
(3)
Any Tier 4 solar energy system located on lands that consist of prime farmland soils or farmland soils of statewide importance shall not exceed 50% of the area of prime farmland or farmland of statewide importance on the parcel or project site as a whole (if multiple parcels are included) upon which panels and other solar energy equipment (the fenced-in area) are to be installed. Any program in which the applicant participates that provides for the use of the land within the fenced in area as farm related uses may be excluded from this 50% coverage threshold calculation based on the amount of space actually occupied by the farm use. This exclusion will only be allowed based on a Planning Board's determination that these lands are being used for actual agricultural uses.
(4)
For Tier 4 systems, if the project proposes to impact more than 50% of these prime or statewide importance soils, the applicant may purchase or lease (for the lease period of the proposed project) development rights, of an equal amount of land over the 50% threshold, of another farm within the Town of Sardinia with prime or statewide importance soils located on that land to offset the farmland used or leased in the primary project area. The purchase or lease of the development rights becomes perpetual or so long as project is viable, and until fully decommissioned.
I.
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 special use permit, site plan approval, and 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.
J.
Safety.
(1)
Solar energy systems and solar energy equipment shall be certified under the applicable electrical and/or building codes as required.
(2)
Solar energy systems shall be maintained in good working order and in accordance with industry standards. Site access shall be maintained, including snow removal at a level acceptable to the local fire department and, if the Tier 3 solar energy system is located in an ambulance district, the local ambulance corps.
(3)
If storage batteries are included as part of the solar energy system, they shall meet the requirements of any applicable local law, fire prevention and building code when in use and, when no longer used, shall be disposed of in accordance with the laws and regulations of the Town and any applicable federal, state, or county laws or regulations.
K.
Permit time frame and abandonment.
(1)
The special use permit and site plan approval for a solar energy system shall be valid for a period of 18 months, provided that construction has commenced. In the event construction is not completed in accordance with the final site plan as may have been amended and approved, as required by the Planning Board, within 18 months after approval, the applicant or the Town may extend the time to complete construction for 180 days. If the owner and/or operator fails to perform substantial construction after 24 months, the approvals shall expire.
(2)
Upon cessation of electricity generation of a solar energy system on a continuous basis for 12 months, the Town may notify and instruct the owner and/operator of the solar energy system to implement the decommissioning plan. The decommissioning plan must be completed within 360 days of notification.
(3)
If the owner and/or operator fails to comply with decommissioning upon any abandonment, the Town may, at its discretion, utilize the bond and/or security for the removal of the solar energy system and restoration of the site in accordance with the decommissioning plan.
L.
Enforcement. Any violation of this solar energy section shall be subject to the same enforcement requirements, including the civil and criminal penalties, provided for in the zoning or land use regulations of the Town.
§ 115-63.1 Battery energy storage systems.
[Added 5-13-2021 by L.L. No. 2-2021]
A.
General requirements.
(1)
A building permit and an electrical permit shall be required for installation of all battery energy storage systems.
(2)
Issuance of permits and approvals by the Town Board shall include review pursuant to the State Environmental Quality Review Act.
(3)
All battery energy storage systems, all dedicated use buildings, and all other buildings or structures that contain or are otherwise associated with a battery energy storage system and subject to the Uniform Code and/or the Energy Code shall be designed, erected, and installed in accordance with all applicable provisions of the Uniform Code, all applicable provisions of the Energy Code, and all applicable provisions of the codes, regulations, and industry standards as referenced in the Uniform Code, the Energy Code, and the Town Zoning Law.
B.
Permitting requirements for Tier 1 battery energy storage systems. Tier 1 battery energy storage systems shall be permitted in all zoning districts, subject to the Uniform Code and the "battery energy storage system permit."
C.
Permitting requirements for Tier 2 battery energy storage systems. Tier 2 battery energy storage systems are permitted through the issuance of a special use permit within the zoning districts of the Town subject to Conditional/special use permit requirements, and shall be subject to the Uniform Code and the site plan application requirements set forth in this section.
(1)
Applications for the installation of Tier 2 battery energy storage system shall be:
(a)
Reviewed by the Zoning Enforcement Officer for completeness. An application shall be complete when it addresses all matters listed in this section, including, but not necessarily limited to, compliance with all applicable provisions of the Uniform Code and all applicable provisions of the Energy Code and matters relating to the proposed battery energy storage system and floodplain, utility lines and electrical circuitry, signage, lighting, vegetation and tree-cutting, noise, decommissioning, site plan and development, special use and development, ownership changes, safety, and permit time frame and abandonment. Applicants shall be advised within 10 business days of the completeness of their application or any deficiencies that must be addressed prior to substantive review.
(b)
Subject to a public hearing to hear all comments for and against the application. The Town Board of the Town of Sardinia shall have a notice printed in a newspaper of general circulation in the Town at least five days in advance of such hearing. Applicants shall have delivered the notice by first class mail to adjoining landowners or landowners within 200 feet of the property at least 10 days prior to such a hearing. Proof of mailing shall be provided to the Town Board at the public hearing.
(c)
Referred to the County Planning Board pursuant to General Municipal Law § 239-m if required.
(d)
Upon closing of the public hearing, the Town Board shall take action on the application within 62 days of the public hearing, which can include approval, approval with conditions, or denial. The sixty-two-day period may be extended upon consent by both the Town Board and applicant.
(2)
Utility lines and electrical circuitry. All on-site utility lines 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. Any utility poles constructed as part of a solar project may be made available for construction by other utilities.
(3)
Signage.
(a)
The signage shall be in compliance with ANSI Z535 and shall include the type of technology associated with the battery energy storage systems, any special hazards associated, the type of suppression system installed in the area of battery energy storage systems, and twenty-four-hour emergency contact information, including reach-back phone number.
(b)
As required by the 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.
(4)
Lighting. Lighting of the battery energy storage systems shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties.
(5)
Vegetation and tree-cutting. Areas within 10 feet on each side of Tier 2 battery energy storage systems shall be cleared of combustible vegetation and other combustible growth. Single specimens of trees, shrubbery, or cultivated ground cover such as green grass, ivy, succulents, or similar plants used as ground covers shall be permitted to be exempt provided that they do not form a means of readily transmitting fire. Removal of trees should be minimized to the extent possible.
(6)
Noise. The one-hour average noise generated from the battery energy storage systems, components, and associated ancillary equipment shall not exceed a noise level of 60 dBA as measured at the outside wall of any nonparticipating residence or occupied community building. Applicants may submit equipment and component manufacturer's noise ratings to demonstrate compliance. The applicant may be required to provide operating sound pressure level measurements from a reasonable number of sampled locations at the perimeter of the battery energy storage system to demonstrate compliance with this standard.
(7)
Decommissioning.
(a)
Decommissioning plan. The applicant shall submit a decommissioning plan, developed in accordance with the Uniform Code, to be implemented upon abandonment and/or in conjunction with removal from the facility. The decommissioning plan shall include:
[1]
A narrative description of the activities to be accomplished, including who will perform that activity and at what point in time, for complete physical removal of all battery energy storage system components, structures, equipment, security barriers, and transmission lines from the site;
[2]
Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations;
[3]
The anticipated life of the battery energy storage system;
[4]
The estimated decommissioning costs and how said estimate was determined;
[5]
The method of ensuring that funds will be available for decommissioning and restoration;
[6]
The method by which the decommissioning cost will be kept current;
[7]
The manner in which the site will be restored, including a description of how any changes to the surrounding areas and other systems adjacent to the battery energy storage system, such as, but not limited to, structural elements, building penetrations, means of egress, and required fire detection suppression systems, will be protected during decommissioning and confirmed as being acceptable after the system is removed; and
[8]
A listing of any contingencies for removing an intact operational energy storage system from service, and for removing an energy storage system from service that has been damaged by a fire or other event.
(b)
Decommissioning fund. The owner and/or operator of the energy storage system, shall continuously maintain a fund or bond payable to the Town of Sardinia, in a form approved by the Town for the removal of the battery energy storage system, in an amount to be determined by the Town, for the period of the life of the facility. This fund may consist of a letter of credit from a State of New York licensed-financial institution. All costs of the financial security shall be borne by the applicant.
(8)
Site plan application. For a Tier 2 battery energy storage system requiring a special use permit, site plan approval shall be required, by the Planning Board for preliminary approval and the Town Board of final approval. Any site plan application shall include the following information:
(a)
Property lines and physical features, including roads, for the project site.
(b)
Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, and screening vegetation or structures.
(c)
A (one- or three-line) electrical diagram detailing the battery energy storage system layout, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and over current devices.
(d)
A preliminary equipment specification sheet that documents the proposed battery energy storage system components, inverters and associated electrical equipment that are to be installed. A final equipment specification sheet shall be submitted prior to the issuance of building permit.
(e)
Name, address, and contact information of proposed or potential system installer and the owner and/or operator of the battery energy storage system. Such information of the final system installer shall be submitted prior to the issuance of building permit.
(f)
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 battery energy storage system.
(g)
Zoning district designation for the parcel(s) of land comprising the project site.
(h)
Commissioning plan. Such plan shall document and verify that the system and its associated controls and safety systems are in proper working condition per requirements set forth in the Uniform Code. Where commissioning is required by the Uniform Code, battery energy storage system commissioning shall be conducted by a New York State (NYS) licensed professional engineer after the installation is complete but prior to final inspection and approval. A corrective action plan shall be developed for any open or continuing issues that are allowed to be continued after commissioning. A report describing the results of the system commissioning and including the results of the initial acceptance testing required in the Uniform Code shall be provided to the Zoning Enforcement Officer prior to final inspection and approval and maintained at an approved on-site location.
(i)
Fire safety compliance plan. Such plan shall document and verify that the system and its associated controls and safety systems are in compliance with the Uniform Code.
(j)
Operation and maintenance manual. Such plan shall describe continuing battery energy storage system maintenance and property upkeep, as well as design, construction, installation, testing and commissioning information and shall meet all requirements set forth in the Uniform Code.
(k)
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.
(l)
Prior to the issuance of the building permit or final approval by the Planning Board, but not required as part of the application, engineering documents must be signed and sealed by a NYS licensed professional engineer.
(m)
Emergency operations plan. A copy of the approved emergency operations plan shall be given to the system owner, the local fire department, and local fire code official. A permanent copy shall also be placed in an approved location to be accessible to facility personnel, fire code officials, and emergency responders. The emergency operations plan shall include the following information:
[1]
Procedures for safe shutdown, de-energizing, or isolation of equipment and systems under emergency conditions to reduce the risk of fire, electric shock, and personal injuries, and for safe start-up following cessation of emergency conditions.
[2]
Procedures for inspection and testing of associated alarms, interlocks, and controls.
[3]
Procedures to be followed in response to notifications from the battery energy storage management system, when provided, that could signify potentially dangerous conditions, including shutting down equipment, summoning service and repair personnel, and providing agreed upon notification to fire department personnel for potentially hazardous conditions in the event of a system failure.
[4]
Emergency procedures to be followed in case of fire, explosion, release of liquids or vapors, damage to critical moving parts, or other potentially dangerous conditions. Procedures can include sounding the alarm, notifying the fire department, evacuating personnel, de-energizing equipment, and controlling and extinguishing the fire.
[5]
Response considerations similar to a safety data sheet (SDS) that will address response safety concerns and extinguishment when an SDS is not required.
[6]
Procedures for dealing with battery energy storage system equipment damaged in a fire or other emergency event, including maintaining contact information for personnel qualified to safely remove damaged battery energy storage system equipment from the facility.
[7]
Other procedures as determined necessary by the Town to provide for the safety of occupants, neighboring properties, and emergency responders.
[8]
Procedures and schedules for conducting drills of these procedures and for training local first responders on the contents of the plan and appropriate response procedures.
(9)
Special use permit standards.
(a)
Setbacks. Tier 2 battery energy storage systems shall comply with the setback requirements of the underlying zoning district for principal structures.
(b)
Height. Tier 2 battery energy storage systems shall comply with the building height limitations for principal structures of the underlying zoning district.
(c)
Fencing requirements. Tier 2 battery energy storage systems, including all mechanical equipment, shall be enclosed by an eight-foot-high fence with a self-locking gate to prevent unauthorized access unless housed in a dedicated-use building and not interfering with ventilation or exhaust ports.
(d)
Screening and visibility. Tier 2 battery energy storage systems shall 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 and not interfering with ventilation or exhaust ports.
(10)
Ownership changes. If the owner of the battery energy storage 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 special use permit, site plan approval, and decommissioning plan. A new owner or operator of the battery energy storage system shall notify the Zoning Enforcement Officer of such change in ownership or operator within 30 days of the ownership change. A new owner or operator must provide such notification to the Zoning Enforcement Officer in writing. The special use permit and all other local approvals for the battery energy storage system would be void if a new owner or operator fails to provide written notification to the Zoning Enforcement Officer in the required timeframe. Reinstatement of a void special use permit will be subject to the same review and approval processes for new applications under this section.
D.
Safety.
(1)
System certification. Battery energy storage systems and equipment shall be listed by a nationally recognized testing laboratory to UL 9540 (standard for battery energy storage systems and equipment) with subcomponents meeting each of the following standards as applicable:
(a)
UL 1973 (standard for batteries for use in stationary, vehicle auxiliary power, and light electric rail applications).
(b)
UL 1642 (standard for lithium batteries).
(c)
UL 1741 or UL 62109 (inverters and power converters).
(d)
Certified under the applicable electrical, building, and fire prevention codes as required.
(e)
Alternatively, field evaluation by an approved testing laboratory for compliance with UL 9540 and applicable codes, regulations and safety standards may be used to meet system certification requirements.
(2)
Site access. Battery energy storage systems shall be maintained in good working order and in accordance with industry standards. Site access shall be maintained, including snow removal at a level acceptable to the local fire department and, if the Tier 2 battery energy storage system is located in an ambulance district, the local ambulance corps.
(3)
Battery energy storage systems, components, and associated ancillary equipment shall have required working space clearances, and electrical circuitry shall be within weatherproof enclosures marked with the environmental rating suitable for the type of exposure in compliance with NFPA 70.
E.
Permit time frame and abandonment.
(1)
The special use permit and site plan approval for a battery energy storage system shall be valid for a period of time set forth by the Town of Sardinia Zoning Board of Appeals, provided that a building permit is issued for construction and/or construction is commenced. In the event construction is not completed in accordance with the final site plan, as may have been amended and approved, as required by the Planning Board within 24 months after approval, the Town may extend the time to complete construction for 180 days. If the owner and/or operator fails to perform substantial construction after 36 months, the approvals shall expire.
(2)
The battery energy storage system shall be considered abandoned when it ceases to operate consistently for more than one year. If the owner and/or operator fails to comply with decommissioning upon any abandonment, the Town may, at its discretion, enter the property and utilize the available bond and/or security for the removal of a Tier 2 battery energy storage system and restoration of the site in accordance with the decommissioning plan.