In the Residential Agricultural (RA) and the Residential (R) Zones, an accessory apartment may be established by special use permit in accordance with this chapter, if the Planning Board finds that:

Provide parking for the accessory apartment(s) and the principal use as set forth herein, and such parking is designed and located to be convenient without encroaching on any yard or setback area at the time of site plan.

Be subject to approval by the Rensselaer County Health Department for any required on-site sanitary or water supply system.

Be subject to approval by the Planning Board in accordance with the provisions Article XI, Site Plan Review.

Horses for private use may be kept on properties within the Residential Agriculture (RA) and Residential (R) Districts in accordance with the following schedule:

Building structures for horses shall be located not less than 75 feet from any side or rear lot line and shall additionally conform to the front yard requirements for the principal building. No horses shall be permitted in the front yard.

The storage of manure or other dust or odor-producing substances shall be adequately screened from the view of adjacent properties and located not less than 75 feet from any lot line.

More than five horses may be permitted, upon review and approval by the Planning Board and the issuance of a special use permit in accordance with this chapter, with the following minimum considerations:

Chickens, fowl, and/or domesticated birds may be raised accessory to a principal one-family use.

Chickens, fowl, and/or domesticated birds may be raised solely for noncommercial purposes.

Chickens, fowl, and/or domesticated birds on lots smaller than seven acres must be kept in coops or fully enclosed runs at all times. Coops and runs shall be constructed so that chickens cannot fly over any fence or wall or otherwise escape from the coop or run. Free range is allowed on lots over seven acres. Chickens, fowl, and/or domesticated birds shall be permitted in all Districts as follows:

Roosters shall be prohibited on less than seven acres. Breeding of chickens on site is prohibited on less than seven acres.

The raising of chickens, fowl, and/or domesticated birds shall be subject to all applicable sanitary, noise and property maintenance regulations, ordinances and laws.

Feed for chicken, fowl, and/or domesticated birds must be stored in secure containers and must not attract rodents, vermin, deer or pests of any type.

A Building and Zoning Permit is required for all chicken coops and runs.

Coops and runs for chicken, fowl, and/or domesticated birds shall only be permitted in the rear yard.

No more than one coop or run is permitted on any parcel.

Building structures for livestock shall be located not less than 150 feet from any side or rear lot line and shall additionally conform to the front yard requirements for the principal building.

The storage of manure or other dust or odor-producing substances shall be adequately screened from the view of adjacent properties and located not less than 150 feet from any lot line.

On lots sizes smaller than 10 acres within the Residential Agricultural (RA) and Residential (R) Districts, the keeping of other livestock may be permitted upon review and approval by the Planning Board and the issuance of a special use permit in accordance with this chapter, with the following minimum considerations:

In the Residential Agricultural (RA) District, a Bed-and-Breakfast shall be the principal residence of the operator and at least one bedroom shall be reserved for the owner's exclusive personal use.

In the Hamlet Mixed Use District (HM) and Town Center (TC) District, a Bed-and-Breakfast shall not be required to be owner occupied.

A Bed-and-Breakfast establishment may offer meals but only to registered lodgers. A public dining room and/or bar is prohibited except in the Town Center (TC) District or the Hamlet Mixed Use (HM) District.

There shall be at least one off-street parking space per guest room and at no time are any vehicles permitted to park along public roads or highways.

A bed-and-breakfast may have no more than 10 occupants as lodgers in at least three and not more than five bedrooms at any one time.

No guest shall occupy the premises more than 14 days within any thirty-day period.

Guest rooms shall primarily be accessed through interior entryways. Secondary exterior entryways shall be limited such that the individual guest rooms are not apparent from off the premises.

No food preparation or cooking for guests shall be conducted within any bedroom made available for guests, with the exception of coffee makers and similar small beverage-warming appliances.

Small-scale receptions or similar gatherings may be held incidentally to the primary bed-and-breakfast use, subject to the following:

The applicant shall comply with all applicable health codes, building codes and other applicable laws. Upon request, the operator shall provide documentation that all required permits, including but not limited to, the County Health Department, State, County, and Local highway permits, etc., have been obtained. Prior to the issuance of a Certificate of Occupancy, the applicant must show that all applicable permits have been received.

Utilities and fire protection.

One parking space shall be provided for every two employees.

Stacking spaces.

In the Residential Agriculture (RA) and the Residential (R) Zoning Districts, clothing/material bins shall only be permitted as an accessory use to a religious use or a certified not-for-profit.

All such clothing/material donations bins shall require a special use permit use in accordance with Article X of this chapter.

Nonresidential commercial premises are permitted to have up to three clothing/material donations bins.

The bin(s) shall be appropriately located so as not to interfere with sight triangles, on-site circulation, required setbacks, landscaping, parking, and any other requirements that may have been imposed as part of the site plan and/or special use permit approval for the premises, and shall be placed on a concrete surface.

The bin(s) shall be of the type that are enclosed by use of a receiving door and locked so that the contents of the bin(s) may not be accessed by anyone other than those responsible for the retrieval of the contents.

Each bin shall not cover a ground surface area in excess of five feet by five feet, nor be more than six feet in height.

Each bin must be regularly emptied of its contents so that it does not overflow, resulting in used clothing or materials being strewn about the surrounding area.

The applicant shall provide the following required information to the Planning Board as part of the special use application:

The minimum lot size shall be five acres.

All equipment and vehicles shall be a stored and operated a minimum of 50 feet from any property line.

A special permit shall be required for the storage of one to five commercial or construction vehicles of any size outside on the property in excess of eight hours, unless such vehicles are used in conjunction with construction on said property. If such vehicles are used in conjunction with construction on said property, then the commercial or construction vehicles shall be permitted to be stored outside on the property for the duration of the Building and Zoning Permit without a special use permit.

Such use shall comply with all licensing, site area and dimensional requirements established for such establishments.

If located in a residential district, the minimum lot area and all yard setbacks for such use shall be equal to twice those required in the district.

A buffer area of at least 20 feet in width, containing evergreen landscaping and/or fencing as, in the judgment of the Planning Board, will be adequate to screen the use from the neighboring residential use(s), and such screening may be required in any yard.

All extended-stay guestroom units shall be equipped with a kitchenette that includes, but is not limited to, a cabinet, sink, and appropriate appliances to refrigerate, heat, and prepare food. Such appliances shall include a refrigerator, stove, and microwave. Hotplates are prohibited.

Extended-stay guestroom units shall be a minimum of 400 square feet of floor area. For any unit designed for occupancy of more than two guests, a minimum of 550 square feet of floor area shall be required.

A minimum of 15% of the gross area of the lot must be designed and designated as a public outdoor amenity space accessible for all guests. Outdoor amenity spaces are required to contain a mix of active and/or passive recreation and may only include the following types of amenities: yards or lawns available for unstructured recreation; gardens; hardscape areas or walkway paths for pedestrian enjoyment (but excluding any improvements serving parking areas) which may include pergolas, gazebos, benches and exercise or play equipment; pool areas; tennis courts, basketball courts and other similar recreational facilities; and playgrounds designed and equipped for the recreation of children, which must be fenced and may include an open shelter. Outdoor amenity spaces shall meet all applicable accessory use building setbacks, buffers, landscaping or other similar requirements of this chapter.

Access to each guest room shall be through an inside lobby which is supervised at all hours the facility is open.

No outdoor storage shall be permitted.

Each room shall provide sprinklers for fire suppression and access to an emergency exit in accordance with New York State Building Code.

The Planning Board shall determine the required Special Permit renewal period for each extended stay hotel and extended stay motel, which may be up to but not exceed five years. This time period may be adjusted by the Planning Board at the time of renewal. A renewal fee shall be required in the amount as adopted in the Schedule of Fees set by the Town Board.

This chapter shall not prevent individuals from conducting a business, trade or profession in their principal or accessory structure, provided that they meet the standards set forth by these regulations.

The activity shall not alter the primary use of the premises as a one-family dwelling.

No traffic shall be generated in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the home occupation shall be met on-site.

There shall be no external signage of such use except for one sign not exceeding two square feet in area.

A minimum of one additional off-street parking space shall be provided for each employee of the home occupation that is not a resident of the one-family dwelling. Additional parking may be required by the Planning Board at its discretion.

Only the occupants of the one-family dwelling and a maximum of two nonresident employees may conduct the activity.

In no way shall the appearance of the structure be altered nor shall the activity within the principal or accessory structure be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs or the emission of noises, odors or vibration.

Display of products outside the residence shall not be allowed.

The retail sale of goods or articles not produced on the premises is permitted if they are incidental to the service provided by the home occupation.

Only one home occupation business shall be permitted.

No outdoor storage of items associated with the home occupation shall be permitted.

Only the occupants of the one-family dwelling and a maximum of two nonresident employees may conduct the activity.

In no way shall the appearance of the structure be altered nor shall the activity within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs or the emission of noises, odors or vibration.

Display of products, materials and/or equipment used in connection with the business may be stored outside but shall be reasonably screened from contiguous properties and shall not be located in the front yard.

"Construction and Landscaping Service - Minor" may be considered a home occupation only if three or less vehicles are used in the home occupation. Parking of such vehicles shall be prohibited in the front yard. Greater than three vehicles shall be considered a "Construction and Landscaping Service - Major" and shall not be permitted as a home occupation.

No more than two home occupation businesses, trades or professions shall be permitted on one parcel in which the primary use is a one-family dwelling.

The closeness to adjacent properties.

The maximum number of animals to be maintained.

The effect on character of neighborhood.

Existing or proposed natural or man-made buffers.

If the facility is overnight or day-use only.

A landscaped strip shall be provided on the property adjacent to the right-of-way. The landscaped strip may not include any paved area except pedestrian sidewalks or trails which cross the landscaped strip.

A maintenance bond may be provided to ensure successful planting. After that, required landscaping shall be maintained in a healthy, growing condition at all times.

Parking lot landscape standards.

Street trees. Street trees should be selected based upon their salt tolerance and should be placed close to the road, in a manner that will not obstruct sight distance nor impede street maintenance. They should be located between the sidewalk (if applicable) and the road. Any tree that dies within three years of planting or any tree that is removed shall be replaced with a tree of equal value, to be determined by the Planning Board.

Sportsman and country clubs shall have a minimum lot area of five acres.

Plans for all public address systems and lighting for outdoor recreational facilities shall be submitted to and approved by the Planning Board.

Parking shall not be permitted within the front yard setback.

The maximum lot coverage shall be no greater than 60%.

No retail sale of fuel shall be permitted.

A vegetated buffer shall be maintained along the side and rear property lines and is to remain free of vehicles or associated supplies, equipment, or products.

No parking or vehicle display shall be permitted within 35 feet of the front property line or within 10 feet of a side or rear property line.

A motor vehicle service station may be considered as an accessory use to a motor vehicle sales establishment but may not include retail sale of fuel.

A New York State Department of Motor Vehicle license for vehicle sales shall be required.

Provide the following lot and building standards:

Provide the following lot and building standards:

Be located in such a manner to not be visible from either the public right-of-way or boundaries of the lot; or

Such materials and equipment shall be screened by an eight-foot wall or fence, uniform in finish and appearance, which sufficiently screens such materials and equipment from the public right-of-way or boundaries of the lot. Such wall or fence shall be maintained in a state of proper and continuing maintenance.

Industry studies of parking needs for the type of use proposed or actual case-study comparisons for projects of similar character. The Planning Board may require the developer or applicant to gather and submit such data in support of its proposed parking provisions. The National Parking Association and the Urban Land Institute are examples of such industry sources.

The characteristics of the proposed customers, residents, occupants or visitors to a given facility.

The expected occupancy rates, traffic levels and numbers of employees in connection with any enterprise and the degree to which these directly relate to parking requirements.

Recommendations, if any, from other public agencies or information sources which suggest, based on experience, the appropriate amount of parking in connection with a given use.

The likelihood that parking will be shared with adjoining facilities, the impact of daily peak visitation or use periods on demand and the hours of operation as compared to other neighborhood activities.

Where industry standards are inadequate for the particular use or site involved or such standards are unavailable, the following standards shall be applied by the Planning Board or the Code Enforcement Officer, as the case may be:

If the Planning Board approves fewer than the number of spaces set forth in Subsection A(6) above, an alternative plan shall be prepared by the applicant and an area on the site set aside or reserved for future parking. The set-aside area shall be landscaped.

Areas which may be computed as the required off-street parking space may include a garage, carport or other area available for parking but is not to include a public street.

Required accessory parking spaces, open or enclosed, may be provided upon the same lot as the use to which they are accessory, or elsewhere, provided that all spaces therein are located within 500 feet walking distance of such lot. In all cases, such parking spaces shall conform to all regulations of the district in which they are located, and in no event, unless specifically reviewed and approved by the Planning Board, shall such parking spaces be located in any residential district unless the uses to which they are accessory are permitted in such residential district. All spaces shall be in the same ownership or lessee control as the use to which they are accessory. Said owner or lessee shall maintain the required number of spaces available, either throughout the existence of such use or until such spaces are elsewhere provided.

Three hundred twenty square feet shall be considered the minimum land area for each parking space, including room for standing areas and aisles for maneuvering.

Unobstructed access from and egress to a public street shall be provided. Such access shall consist of at least one twelve-foot lane for parking areas with less than 20 spaces, and at least two ten-foot lanes for parking areas of 20 or more spaces.

All open parking areas shall be properly drained, and all such areas of over 10 spaces shall be provided with a dustless surface.

Required parking spaces may be provided in areas designed to jointly serve two or more establishments, whether or not located on the same lot, and the number of required spaces in such joint facilities shall not be less than the total required for all such establishments.

When any lot contains two or more uses having differing parking requirements, the parking requirements for each use shall apply to the extent of that use. Where it can be conclusively demonstrated that one or more such uses will be generating a demand for parking spaces primarily during periods when the other use or uses is not or are not in operation, the Planning Board may reduce the total number of parking spaces required for that use with the least requirement.

There is no limitation on the number of agricultural vehicles permitted accessory to a farm use.

Not more than one commercial vehicle over 20 feet in length may be parked on a residential lot in a Residential Agricultural (RA) District, Residential (R) District, or the Mobile Home Neighborhood Overlay (MHO) District.

Not more than one commercial vehicle in excess of 20 feet in length nor more than one recreational vehicle, camper body and/or boat may be stored outdoors on a lot in a residential district. All such outdoor storage shall occur inconspicuously on that portion of the lot behind the front setback of the dwelling or the front yard setback for the district, whichever is less, located thereon and shall not be less than five feet from the nearest lot line.

Such stands shall not exceed 500 square feet in total area.

Such stands shall be located not less than 20 feet from any street line.

Such stands shall be solely used for display and sale of agricultural products grown principally on the premises or, in limited quantity, elsewhere by the operator of the roadside stand.

The purpose of these regulations is to balance the potential impact on neighbors where solar collectors may be installed near their property while preserving the rights of property owners to install solar collection systems without excess regulation. These regulations are not intended to override the New York State Agriculture and Markets Law.

Solar energy is a renewable and nonpolluting energy resource that can prevent fossil fuel emissions and reduce energy load. Energy generated from solar energy systems can be used to offset energy demand on the grid when excess solar power is generated.

The requirements herein shall apply to all solar collector system installations modified or installed after the effective date of this section.

Solar collector system installations for which a valid Building and Zoning Permit has been properly issued, or for which installation has commenced before the effective date of this section, shall not be required to meet the requirements of this section, except in accordance with Subsection D, Safety. Any modification, expansion or alteration to an existing solar collector system shall only be permitted in accordance with this chapter.

All solar collector systems shall be designed, erected and installed in accordance with all applicable codes, regulations and industry standards as referenced in the New York State Building Code.

Rooftop and flush-mounted solar collectors are permitted in all zoning districts in the Town of Schodack, subject to the following conditions:

Ground-mounted racks and freestanding solar collectors are permitted as an accessory structure in all zoning districts in the Town of Schodack, subject to the following conditions:

All solar energy systems and solar collectors must obtain a Building and Zoning Permit and shall be designed to be and installed to be in conformance with the New York Uniform Fire Prevention and Building Code Standards that are applicable when the Building and Zoning Permit is issued.

If solar storage batteries are included, they must be placed in a secure container or enclosure meeting the requirements of the New York State Building Code when in use. When they are no longer in use, they shall be disposed of in accordance with the laws of New York State Fire Prevention and Building Code and local laws of the Town of Schodack and any other applicable laws or regulations.

Glare and heat. No unreasonable glare or heat shall be produced that is perceptible beyond the boundaries of the lot on which such use is situated.

Rooftop solar collectors shall provide roof access, pathways, and spacing requirements for solar collectors and ventilation method in accordance with New York Uniform Fire Prevention and Building Code Standards, as amended.

The purpose of these regulations is to provide utility-scale solar collector systems through performance criteria that balance the unique characteristics of each site.

In any instances where specific permitted uses, area, or height standards, development guidelines and/or review procedures specifically set forth in this section conflict with any other general provision or requirements of the Zoning Chapter, the particular provisions set forth herein shall take precedence and control. In all instances not specifically addressed in this section or in Article XII of this chapter, the Zoning Law shall apply.

All procedures for approving a Solar Utility Overlay (SU-O) District shall comply with the regulations for Planned Development Districts (PDD) found in Article XII of this chapter. In any instances where specific permitted uses, area, or height standards, development guidelines and/or review procedures specifically set forth in this section conflict with any other general provision or requirements of the Zoning Law, the particular provisions set forth herein shall take precedence and control. In all instances not specifically addressed in this section or in Article XII of this chapter, the Zoning Law shall apply.

Height limitations for structures found in Article IV, Use, Area and Bulk Regulations, shall apply.

Utility-scale rooftop and flush-mounted solar collectors are permitted on the following structures:

Rooftop units must be three feet from any chimney and shall not be permitted on any roof overhangs.

Any utility-scale rooftop and flush-mounted solar collectors attached to a pitched roof shall not extend more than three feet from the surface of the angle of the roof.

Rooftop solar collectors shall provide roof access, pathways, and spacing requirements for solar collectors and ventilation method in accordance with New York Uniform Fire Prevention and Building Code Standards, as amended.

Height.

Setback. All utility-scale solar collector systems and associated buildings, accessory structures and equipment shall have a minimum setback from any property line of 200 feet.

Lot coverage.

Site plan. All utility-scale solar collector systems shall provide a site plan in accordance with Article XI of this chapter.

Signage. All signage shall be provided as part of site plan review and shall be in accordance with Article VI of this chapter.

Visual.

Lighting. A lighting plan shall be required. No utility-scale solar collector system shall be artificially lighted unless otherwise required by a Federal, State or local authority. Exterior lighting may be provided for associated accessory structures and access entrances as may be determined appropriate for security purposes only.

Battery storage. All Batteries for storage of harvested electricity shall be placed inside a secure structure within an impervious concrete structure designed to contain any leakage from the batteries, and any agents used for suppressing fire of such batteries. To maximize safety in the event of a fire, any building shall be shall be constructed of non-combustible materials and the interior shall contain automatic fire suppression designed to minimize risk of the spread of fire to other buildings on site or adjacent properties. Such fire suppression foam or other substances shall be contained with the use of concrete storage areas on site as necessary if it is necessary to deploy such fire-suppression system. In addition, areas surrounding the structure within 50 feet, such as the driveway or foundation of such building, shall be constructed of non-combustible materials.

Utilities. The applicant shall provide written confirmation that the electric grid has the capacity to support the energy generated from the utility-solar collector system. Electrical and land-based telephone utilities extended to serve the site shall be underground.

Access. The applicant shall indicate on a site plan all existing and proposed access to the site, including road, electric power, emergency access, land-based telephone line connection, and other utilities existing and proposed within the property boundaries of the proposed location. Existing roadways shall be used for access to the site whenever possible and determined acceptable by the Planning Board through site plan review.

Glare and heat. No unreasonable glare or heat shall be produced that is perceptible beyond the boundaries of the lot on which such use is situated.

Ownership. In the case of an application for a utility-scale solar collector system to be located on private lands owned by a party other than the applicant or the Town, a copy of the lease agreement with the property owner shall be filed with the Building Department and kept current on file with the Town should any change of ownership occur.

Proof of insurance. The applicant and the owner of the property where the utility-scale solar collector system is to be located shall file with the Building Department proof of insurance in a sufficient dollar amount to cover potential personal and property damage associated with construction and operation thereof.

Security provisions. Each site shall have a minimum of an eight-foot security fence to prevent unauthorized access and vandalism to the utility-scale solar collectors and a security program for the site as approved by the Planning Board during site plan review.

Noise. Noise-producing equipment shall be sited and/or insulated to minimize noise impacts on adjacent properties as approved by the Planning Board during site plan review.

Documentation from the utility company, verifying that the utility-scale solar collector system is active, shall be provided annually to the Town of Schodack Director of Planning and Zoning.

Required sureties for construction, maintenance, safety, and removal of utility-scaled solar collector systems.

Public environmental benefit required. Utility-scale solar collector-system shall be required to construct, install, develop, or contribute to a public environmental benefit project within the Town that contributes to greenhouse gas reduction, energy efficiency, multimodal transportation, ecological diversity, or habitat preservation, including but not limited to:

Co-location. New telecommunications facilities shall be sited on existing telecommunications facilities or in areas already in use for telecommunications and/or utility distribution lines in order to preserve the aesthetic and scenic value of the Town, unless the applicant demonstrates unequivocally that co-location is not possible.

Applicants for a special use permit to place, construct or modify telecommunications facilities within the Town of Schodack shall submit the following information to the Planning Board for its referral to a professional engineer or consultant for review and recommendation:

Special permits issued for telecommunications service facilities shall be subject to the following general conditions:

The Planning Board may grant the special use permit, deny the special use permit or grant the special use permit with written stated conditions. Denial of the special use permit shall be by written decision based upon substantial evidence submitted to the Board.

If a special use permit is granted or granted with stated conditions, the applicant must use the best available means to mitigate visual and aesthetic impacts within the Town of Schodack. This shall be a continuing requirement.

Prohibition. No person shall cause or permit the erection and/or maintenance of any tower upon any lands owned by them in the Town unless in conformity with the provisions herein set forth. Telecommunication Service Facilities in compliance with this chapter shall be exempt from the following.

Size. No tower erected or maintained within the Town shall exceed 60 feet in height, measured from the average ground surface immediately surrounding the site of the tower. Measurements of height shall include any extensions or other devices extending above the structure of the tower itself.

Location.

The location of the tower on the site and the tower height, including blades.

The location of underground utility lines within a radius equal to the proposed tower height, including blades.

A dimensional representation of the various structural components of the tower construction, including the base and footings.

Design data indicating the basis of design, including manufacturer's dimensional drawings, installation and operation instructions.

A certification by a registered professional engineer or manufacturer's certification that the tower design is sufficient to withstand wind-load requirements for structures as established by the New York State Uniform Fire Prevention and Building Code.

No WECS shall be erected in any location where its overall height, including blades, is greater than the distance from its base to any property line.

Access to the tower shall be limited either by means of a fence six feet high around the tower base with a locking portal or by limiting tower climbing apparatus to no lower than 12 feet from the ground.

No WECS shall be installed in any location along the major axis of an existing microwave communications link, where the operation of the WECS is likely to produce an unacceptable level of electromagnetic interference, unless the applicant provides sufficient evidence satisfactory to the Code Enforcement Officer indicating the degree of expected interference and the possible effect on the microwave communications link.

WECS shall be located or installed in compliance with the guidelines of the Federal aviation regulations with regard to airport approach zones and clearance around VOR and DVOR stations.

No WECSs shall produce noise in excess of the limits established by Chapter 151, Noise, of the Town Code.

All sites proposed for WECS shall have sufficient access to unimpeded air flow for adequate operation in accordance to the Siting Handbook for Small Wind Energy Conversion Systems, PNL-2521, or other nationally recognized reference.

Contiguous property owners may construct a WECS for their common use. If property held by more than one single owner is used to meet the setback requirements, a site plan establishing easements or reserved areas must be submitted to the Planning Board for approval.

No WECS shall be installed in a location where the impact on the neighborhood character is determined by the Planning Board to be detrimental to the general neighborhood character.

If the WECS is to be interconnected to an electric utility distribution system, the applicant shall provide evidence of approval of the proposed interconnect by the gas and electric company.

Towers shall be located in rear yards and screened as determined appropriate by the Planning Board.

Guy wires and anchors for towers shall not be located closer than 10 feet to any property line.

All WECS shall be designed with an automatic brake to prevent over-speeding and excessive pressure on the tower structure.

The minimum distance between the ground and any protruding blades shall not be less than 15 feet, as measured at the lowest point of the arc of the blades.

To provide a regulatory scheme for the designation of properties suitable for the location, construction, and operation of Battery Energy Storage Systems.

To ensure compatible land uses in the vicinity of the areas affected by Battery Energy Storage Systems.

To mitigate the impacts of Battery Energy Storage Systems on environmental resources such as important agricultural lands, forests, wildlife and other protected resources.

To ensure that the Town has the resources to protect the public from any accidental situation that may be caused by the operation of Battery Energy Storage Systems.

The requirements of this chapter shall apply to all Battery Energy Storage Systems permitted, installed, or modified in Town, excluding general maintenance and repair.

Battery Energy Storage Systems constructed or installed prior to the effective date of the adoption of these provisions and which do not conform with these provisions shall be considered nonconforming uses and shall be regulated in accordance with provisions in Article XIII, Nonconforming Uses, Lots, and Structures.

Modifications to, retrofits or replacements of an existing Battery Energy Storage System that increase the total Battery Energy Storage System designed discharge duration or power rating shall be subject to the provisions herein.

A building permit and an electrical permit shall be required for installation of all Battery Energy Storage Systems regardless if it is defined as a Tier 1 or Tier 2 system.

To maximize safety in the event of a fire, all Tier 1 and Tier 2 Battery Energy Storage Systems structures shall be shall be constructed of non-combustible materials, and the interior shall contain automatic fire suppression designed to minimize risk of the spread of fire to other buildings on site or adjacent properties. Such fire-suppression foam or other substances shall be contained with the use of concrete storage areas on site as necessary if it is necessary to deploy such fire-suppression system.

All access driveways and areas within 50 feet of any storage building shall be paved or covered with non-combustible materials, such as pavement, stone, or other suitable materials.

All buildings shall be designed to fit within the character of the surrounding area as determined by the Planning Board. Design details to be reviewed may include, but are not limited to: roofline, facade elements and colors, doors and windows, and faux features (such as false window and doors) designed to help the building blend into the environment in which the building is sited.

All Tier 1 and Tier 2 Battery Energy Storage Systems shall be sited to be at least 200 feet from any adjacent lot line for which the use is proposed.

Lot coverage. The maximum lot coverage dedicated to a Tier 1 or Tier 2 Battery Energy Storage System, and defined as the lot area formed by outermost fenced perimeter and inclusive of all the equipment and battery storage units including the clearance spaces between the individual equipment, shall not exceed 15% of the lot.

Visual. Battery Energy Storage Systems shall be sited in a manner to have the least possible practical visual effect on the environment. For Tier 2 Battery Energy Storage Systems, the following additional requirements shall apply:

Issuance of permits and approvals by the Town Board and/or 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")].

All applicants requesting a permit for a Battery Energy Storage Systems are subject to these provisions herein and shall also demonstrate to the satisfaction of the Town that the applicant is in compliance with all applicable state and federal regulations regarding construction, storage, and placement of Battery Energy Storage Systems.

All Tier 2 Battery Energy Storage Systems shall be permitted in the Solar Utility Overlay (SU-O) District, and the SU-O District may only be established for the purpose of a Tier 2 Battery Energy Storage System by the Town Board in the Residential Agriculture (RA) Zoning District. The purpose and intent of the SU-O District is to provide flexibility when siting Tier 2 Battery Energy Storage Systems with performance criteria that balance the unique characteristics of each site. As such, the following provisions shall apply to the application of the SU-O District for a Tier 2 Battery Energy Storage System:

All Battery Energy Storage Systems shall be enclosed in a Battery Storage Building as defined herein, and such building shall only be used for battery energy storage, energy generation, and other electrical grid-related operations.

Occupants permitted in the rooms and areas containing Battery Energy Storage Systems shall be limited to personnel that operate, maintain, service, test, and repair the Battery Energy Storage System and other energy systems. These areas are not permitted to be more than 10% of the building, and are not intended to include permanent offices for such personnel, and are only meant to provide areas of testing and maintenance on an as-needed basis.

If the Battery Storage Building is part of a complex with more buildings or structures that are occupied for business use, administrative and support personnel are permitted in areas within buildings that do not contain a Battery Energy Storage System, provided that a means of egress is provided from the administrative and support use areas to the public way that does not require occupants to traverse through areas containing Battery Energy Storage Systems or other energy system equipment, and occupants of said building are protected to the satisfaction of the Town's Emergency Response Personnel.

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.

Signage. All signage shall be provided as part of site plan review and shall be in accordance with Article VI of this chapter.

The signage shall be in compliance with ANSI Z535, or as amended, 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.

As required by the National Electric Code, 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.

UL 1973 (Standard for Batteries for Use in Stationary, Vehicle Auxiliary Power and Light Electric Rail Applications).

UL 1642 (Standard for Lithium Batteries).

UL 1741 or UL 62109 (Inverters and Power Converters).

Certified under the applicable electrical, building, and fire prevention codes, as required.

Alternatively, field evaluation by an approved testing laboratory for compliance with UL 9540 (or approved equivalent) and applicable codes, regulations and safety standards may be used to meet system certification requirements.

Fire safety compliance plan. Such plan shall document and verify that the system and its associated controls and safety systems are in compliance with applicable codes, have been submitted to the Town's Emergency Response Personnel for review and comment, and shall be on file with the Code Enforcement Officer.

Because of concerns with potential hazards or other emergencies that could arise from Tier 2 Battery Energy Storage Systems, the applicant shall pay a fee into a dedicated fund for the purposes of offsetting costs for providing emergency services for Tier 2 Battery Energy Storage Systems, as well as associated costs for training and improved equipment for emergency services as adopted in the Schedule of Fees by the Town Board.

Procedures for safe shutdown, de-energizing, or isolation of equipment and systems under emergency conditions to reduce the risk of fire, electric shock, and personal injuries, and for safe start-up following cessation of emergency conditions.

Procedures for inspection and testing of associated alarms, interlocks, and controls.

Procedures to be followed in response to notifications from the Battery Energy Storage Management System, when provided, that could signify potentially dangerous conditions, including shutting down equipment, summoning service and repair personnel, and providing agreed upon notification to fire and emergency response code official for potentially hazardous conditions in the event of a system failure.

Emergency procedures to be followed in case of fire, explosion, release of liquids or vapors, damage to critical moving parts, or other potentially dangerous conditions. Procedures can include sounding the alarm, notifying the fire and emergency response code official, evacuating personnel, de-energizing equipment, and controlling and extinguishing the fire.

Response considerations similar to a safety data sheet (SDS) that will address response safety concerns and extinguishment when an SDS is not required.

Procedures for dealing with 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.

Other procedures as determined necessary by the Town to provide for the safety of occupants, neighboring properties, and emergency responders.

Procedures and schedules for conducting drills of these procedures and for training local first responders on the contents of the plan and appropriate response procedures.

A 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;

Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations;

The anticipated life of the Battery Energy Storage System;

The estimated decommissioning costs and how said estimate was determined;

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

A listing of any contingencies for removing an intact operational Battery Energy Storage System from service, and for removing a Battery Energy Storage System from service that has been damaged by a fire or other event.

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 fund or letter of credit for the removal of a Tier 2 Battery Energy Storage System and restoration of the site in accordance with the decommissioning plan.

Construction and maintenance. Prior to the issuance of a Building and Zoning Permit for the Tier 2 Battery Energy Storage system and any associated accessory structures, the applicant shall post a surety in an amount and form acceptable to the Town for the purposes of construction and maintenance. The amount shall be up to 20% of the construction value. Acceptable forms shall include, in order of preference: cash or letter of credit; or a combination thereof. Such surety will be used to guarantee compliance with the conditions of the approval for the Tier 2 Battery Energy Storage 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 Town incurred to comply with conditions of the approval shall be paid using the surety provided by the applicant. Failure to comply with the conditions of the approval or to maintain an acceptable level of surety will result in revocation of the certificate of occupancy.

Safety. Because of concerns with potential hazards or other emergencies that could arise at an unmanned Battery Energy Storage Systems, the applicant shall pay a fee into a dedicated fund for the purposes of offsetting costs for providing Tier 2 Battery Energy Storage Systems with emergency services, as well as training and improved equipment for emergency services as adopted in the Schedule of Fees by the Town Board.

Tier 2 battery energy storage system removal. The utility-scale solar collector system, including any accessory structures and/or equipment, shall be dismantled, and removed from the site when the Tier 2 Battery Energy Storage System has been inoperative or abandoned for two years. As a condition of the certificate of compliance, applicants shall post a surety in an amount and form acceptable to the Town for the purposes of removal or abandonment. The amount shall be up to 20% of the construction cost. Acceptable forms shall include, in order of preference: cash or letter of credit. Such surety will be used to guarantee removal of the Tier 2 Battery Energy Storage system should the system be abandoned. Abandonment shall be assumed by the Town if the annual documentation as required herein is not provided by the owner, applicant, or lessee for two consecutive years to the Town of Schodack Director of Planning and Zoning. The Town Code Enforcement Officer shall then provide written notice to the owner to remove the Tier 2 Battery Energy Storage system, and the owner shall have two years from written notice to remove the Tier 2 Battery Energy Storage System, including any associated accessory structures and/or equipment, and restore the site to a condition approved by the Planning Board. If the owner, applicant or lessee fail to remove any associated structures or restore the site to the condition approved by the Planning Board, all costs of the Town incurred to comply with this condition shall be paid using the surety provided by the applicant.

Upon completion of removal the applicant shall engage a qualified consultant to perform a Part II Environmental Site Assessment to conform that no contaminates remain from the former solar utility facility use of the property.

Publicly located Electric Vehicle (EV) charging stations.

Walking trails.

Sidewalks.

Purchase and dedication of ecologically significant land to the Town.

Recreational field improvements.

Public park improvements.

The Public Environmental Benefit contribution shall be equal to 2.0% of the construction value of the completed project.