South Bristol Town City Zoning Code
ARTICLE VI
Supplementary District Regulations
§ 170-50 Applicability.
A.
The basic regulations governing the use and buildings within each zoning district are established in this chapter. For certain specific uses or exceptional situations, these basic regulations are supplemented by other provisions of this chapter.
B.
Regulations governing the specific use of land within the various zoning districts shall be set forth in regulations governing uses in that specific district, except as noted herein.
§ 170-51 Lot area.
A.
No lot in any district shall be altered in size so that its area or any of its dimensions or open spaces shall be smaller than required by law, and no permit shall thereafter be issued for the erection or maintenance of any building or structure or for any other use regulated by this chapter.
B.
No lot shall be divided which was nonconforming prior to the date of adoption of this chapter.
§ 170-52 Height.
The building height of any structure, except for farm use and except for buildings, towers and other structures permitted as a special use hereunder, shall not be higher than 35 feet, as measured from the mean average of the adjacent finished grade to the highest point of the roof or to the highest point of any portion of a structure above the roof.
§ 170-53 Off-street parking.
For purposes of this section, a parking space shall be a minimum of 160 square feet with a width of eight feet. All required parking spaces shall be provided and satisfactorily maintained by the owner, off the public right-of-way. Minimum standards are as follows:
A.
At least two parking spaces for each dwelling unit.
B.
Home occupations. Two parking spaces in addition to those required in Subsection A above.
C.
Places of public assembly. At least one parking space for each three seats based on maximum seating capacity, except for adult use and entertainment establishments. (See Subsection L of this section.)
D.
Hospital, sanitarium, nursing home, etc. At least one parking space for four patients and one parking space for each employee, attendant or member of the staff employed during the day.
E.
Commercial districts. All uses in commercial districts, except office buildings, shall provide parking spaces as deemed necessary in the site plan review.
F.
Office buildings. At least one parking space for each 250 square feet of office floor area.
G.
Retail: at least one parking space for each 250 square feet of floor area.
H.
Service stations. At least one parking space for each 250 square feet of floor area.
I.
Restaurants/taverns/bars: at least one parking space for each three seats and at least one parking space per employee at the maximum shift.
J.
Commercial storage buildings. At least one parking space per 1,000 square feet of floor area.
K.
Beauty parlors/barbershops. At least two parking spaces per each chair and at least one parking space per employee at the maximum shift.
L.
Adult use and entertainment establishments. Provision shall be made for at least one parking space for each two persons based upon maximum occupancy capacity.
§ 170-54 Roadside stands.
Any person within any district may erect a roadside stand and sell from the same horticultural or agricultural products grown primarily on his premises or home occupation products produced on his premises. Any such stand of permanent construction shall comply with all the conditions and regulations prescribed for structures in the district in which the stand is located. Any such stand of temporary construction may be erected not nearer to a lot line than 20 feet, and such stand may be erected and maintained between April 1 and November 30 of any year but must be removed on or before November 30 of the same year. There must be provided for any roadside stand an off-street parking area sufficient to accommodate vehicles of customers and to eliminate traffic hazards. Temporary roadside stands for the purpose of the sale of Christmas trees, wreaths, Christmas decorations and the like are permitted under the same conditions as above set forth from November 20 through December 31. Roadside stand signs may be placed against the stand. Further, such signs may be placed up to 100 yards in each direction from the stand, as long as the signs are not placed in the road right-of-way and are on the property or lot of the owner where the stand is located.
§ 170-55 View of intersecting streets.
No obstruction to view between a height of 2 1/2 feet and 10 feet, measured perpendicularly from the grade, shall be maintained on the premises in the angle formed by intersecting streets so as to interfere with the view of traffic approaching the intersection within a distance of 100 feet, measured along the center line of each from the intersection of such center line. The provisions herein shall not be construed as to require the cutting or removal of an existing stand of trees within the prescribed area. Such area shall, however, be kept free of underbrush and other plants which obstruct the view of approaching traffic.
§ 170-56 Fences and hedges.
Except as otherwise provided, no fence or hedge over four feet in height shall be erected or maintained where such fence or hedge constitutes an unreasonable obstruction of a scenic view from neighboring premises or from the highway. Fencing for the purpose of enclosing farmland, horses, cattle or other animals shall not exceed eight feet in height. All other fences in residential districts shall not exceed six feet. All fences in a C-1, C-2 or NC District zone shall not exceed eight feet in height. All fences must be erected within the property lines, and no fences shall be erected as to encroach upon a public right-of-way. All fences shall be maintained in a safe, sound and upright condition.
§ 170-57 Wrecks.
When motor vehicles, wrecks or vehicles of any description are lawfully kept upon premises for repair, the same shall be housed in a fully enclosed structure or kept upon the rear 1/2 of the lot occupied by a building for the repair of such wrecks or for the storage of such vehicles. This, however, shall not be construed as to prevent the storage of unlicensed vehicles in private garages on the premises of the owner thereof. (Ref: § 136 New York State General Municipal Law; § 82 New York State Highway Law).
§ 170-58 Billboards and signs.
No billboards or signs shall be hereinafter erected, placed or maintained at any place in the Town unless a permit therefor has been obtained in compliance with the provisions of this section.
A.
Exceptions. The following shall not be subject to the regulations herein.
(1)
Signs not exceeding one square foot in area, bearing only property numbers, post box numbers, names of occupants or other identification of the premises for noncommercial purposes.
(2)
Flags and insignia of any government.
(3)
Legal notices or other signs required or erected by governmental bodies.
(4)
Integral, solely decorative or architectural of features of buildings, other than commercial trademarks, emblems or lettering.
(5)
Signs directing and guiding traffic and parking on private property but bearing no advertising matter.
B.
Design and location of signs.
(1)
No sign shall be illuminated by or contain flashing, intermittent, rotating or moving light or lights. All signs shall employ only light sources emitting light of constant intensity, and no luminous sign shall be placed or directed so as to cause glaring upon any public highway or sidewalk or adjacent premises or otherwise to cause glare or reflection that may constitute a traffic hazard or nuisance. No sign shall, in its construction, employ any mirror or mirror-like surface.
(2)
Signs may be erected or maintained upon the roof of any building or structure but shall not exceed the peak of the building. No signs shall project more than three feet from the wall of any building. No sign shall project from the roof of any building or into any public way.
(3)
No vehicle on which is placed or painted any sign shall be parked or stationed in a manner primarily intended to display the sign.
(4)
No permanent sign shall be erected or maintained within the right-of-way.
C.
Area and height of signs.
(1)
No sign, unless otherwise provided for herein, shall be erected or maintained having an area greater than 32 square feet per side, and no sign shall have more than two sides.
(2)
No sign shall exceed 20 feet in overall height, measured from the highest level of natural ground immediately beneath the sign to the highest point of the sign or the supporting structure thereof.
(3)
No sign located within the front setback requirement of any district, but not closer than 20 feet to any public or highway right-of-way, shall exceed 32 square feet in area.
D.
Number of permitted signs where more than one principal activity is being conducted. Notwithstanding the standard governing the number of signs permitted to be erected or maintained on any lot set forth herein, the following standards shall guide in the review of all private signs associated with the project, such as in the case of a shopping center, plaza or mall or other multiple-commercial-use facility. All signs shall reflect a reasonable uniformity of design, lighting and materials.
(1)
A single ground sign not in excess of 100 square feet in area may be erected identifying the center of a facility as a whole but shall not contain advertising matter.
(2)
One individual wall sign not in excess of 40 square feet in sign area may be erected for each separate principal activity, such as a shop or store.
E.
Off-premises directional signs. Notwithstanding the provisions of Subsections A and C to the contrary, one directional sign advertising an industry or business having its principal place of business within the Town may be located upon premises other than the premises of the principal place of such industry or business, provided that:
(1)
Such industry or business is not fronting on a state highway and the principal purpose of such sign is to direct motor vehicles to the location of such business or industry.
(2)
Such sign is located no closer than 20 feet to nor more than 60 feet from the highway boundary.
(3)
Such sign has a maximum area of not more than 16 square feet on either side, and it shall have no more than two sides, and no part of such sign shall be more than 12 feet above the highest point of ground within five feet of such sign.
F.
Temporary signs.
(1)
Temporary signs, other than real estate sales signs, not exceeding 25 square feet advertising any political, educational, charitable, civic, professional, religious or like campaign or event may be erected for a consecutive period not to exceed 45 days in any calendar year. No temporary sign shall in any way obstruct or impair vision or traffic in any manner or create a hazard or disturbance to the health and welfare of the general public.
(2)
A temporary sign not exceeding 25 square feet in area, the height of which is not greater than 10 feet shall be permitted for a period of three years from the time of final subdivision approval for advertising the sale of property within such subdivision.
(3)
No more than two such signs shall be permitted on the original parcel, and all signs shall be placed no closer than 20 feet from the front and side lot lines.
G.
Outmoded signs. Any sign which no longer advertises a bona fide business being conducted on the premises or within the Town shall be removed from said premises by the record owner or beneficial user of the premises within 10 days from the receipt of a written order to do so from the Code Enforcement Officer. In default of said removal, the Code Enforcement Officer is authorized to effectuate the removal of said sign and to charge all costs incident to the removal to the record owner and/or the beneficial user of the premises.
H.
Additional requirements for signs in residential districts.
(1)
A sign indicating the name and address of the occupant or a permitted home occupation may be displayed, provided that it shall not be larger than six square feet in area per side and, if freestanding, shall not exceed four feet in height above the ground level at the sign's location and shall be no closer than 10 feet to any side or rear lot line or five feet to the highway right-of-way, and shall not be illuminated except indirectly.
(2)
For farms and multiple-family dwellings, a single identification sign not exceeding 16 square feet in area and indicating only the name and address of the building may be displayed. Such signs shall not be closer to any lot line than 1/2 the required setback and shall not project more than six feet in height above grade and shall not be illuminated except indirectly.
(3)
No more than one sign on any given road frontage advertising the sale, lease or rental of the premises upon which the sign is located may be displayed; such sign shall not exceed 16 square feet in area, provided that such sign is erected or displayed not less than five feet inside the property line and shall not project more than seven feet in height.
§ 170-59 Dumping of waste material.
No lot shall be used for the storage or disposal of solid or liquid waste or dust-producing substance, except, however, duly approved individual sewage disposal systems, and further provided that this provision shall not prohibit the storage of animal waste upon any farm, provided that such storage does not constitute a nuisance and such storage shall not be within 100 feet of any lot line. Nothing herein shall be construed to be contrary to or to supersede the Agricultural District Law of New York State, as amended from time to time.
§ 170-60 Accessory structures.
Accessory structures shall comply with all dimensional requirements of this chapter.
§ 170-61 Private swimming pools.
Private swimming pools shall be permitted and shall comply with all applicable New York State codes.
§ 170-62 Tennis and pickle ball courts.
Tennis and pickleball courts shall be permitted, provided that the following conditions are met:
A.
All lights used to illuminate a tennis or pickleball court, or tennis or pickleball court area, shall be shielded so as to prevent their shining upon the property of any adjacent property owner and becoming a nuisance or annoyance to adjacent premises.
B.
The fences surrounding, either partially or wholly, the courts shall be set back at least 15 feet from the rear and side lot lines.
C.
All fences shall not be more than 12 feet in height and shall principally be of an open chain-link construction.
D.
If there is any charge for tennis or pickle ball lessons or instruction or for the use of the court, the tennis or pickle ball court shall either be a home occupation or commercial use as defined by this chapter.
§ 170-63 Preservation of natural features.
A.
No structure shall be constructed within 25 feet of the nearest point of last erosion of a stream, creek or dry creek with the ability of carrying water, except for private bridges, drainage conduits, embankments and similar structures as are necessary to permit access to the lot or as are incidental to the lawful use of the lot. Such structure shall not adversely affect the flow of the stream nor substantially increase the likelihood of flood or overflow in the area.
B.
Existing natural features, such as trees, brooks, drainage channels and views, shall be maintained. Whenever such features interfere with the proposed use of such property, a retention of the maximum amount of such features consistent with the use of the property shall be required.
C.
All structures shall be designed so as to minimize the amount of cutting into any slope of an embankment or of any hill or gully.
§ 170-64 Storage and use of recreational vehicles.
[Amended 12-9-2024 by L.L. No. 1-2024; 10-14-2025 by L.L. No. 4-2025]
A.
Storage. Not more than two recreational vehicles owned by the owners of the lot on which such owners reside or a member of such owners' family also residing thereon may be stored upon the lot, provided that:
(1)
The vehicle is not connected to any electrical or water supply.
(2)
The vehicle is not stored in the front yard of the principal dwelling and is located no closer than 10 feet to a side lot line or 15 feet to a dwelling.
B.
Use. Guests of residents of the Town may have located upon the lot on which such residents reside a recreational vehicle as long as:
(1)
The length of stay is no longer than three weeks.
(2)
The recreational vehicle has been provided with water supply, electrical services and an adequate self-contained sewage disposal system.
(3)
The recreational vehicle is not located closer than 15 feet to any building on a neighboring lot and no closer than 10 feet to the side or rear lot line.
C.
Use: Owners of a vacant lot located in the Town South Bristol, except owners of a vacant lot in the Lake Residential District, may occupy and use a maximum of one recreational vehicle on their vacant lot provided that:
(1)
The recreational vehicle is owned solely by one or more of the owners of the vacant lot; and
(2)
The occupancy and use shall not exceed 160 days in a calendar year (January 1 to December 31); and
(3)
The recreational vehicle has been provided with water supply, electrical services and a self-contained sewage disposal system; and
(4)
No sewage shall be disposed of on the vacant lot; and
(5)
The placement of the recreational vehicle shall comply with all setback requirements of the underlying district in which it is located.
§ 170-65 Mobile homes on individual lots.
A.
The mobile home shall have a minimum living area of 720 square feet.
B.
The mobile home shall comply with all minimum lot size requirements and other requirements applicable to the zoning district in which it is located.
C.
The mobile home shall have an adequate potable water supply and sewage disposal system which shall comply with all applicable state and local requirements prior to occupancy.
D.
The mobile home shall be securely fastened in place with tie-downs approved by HUD (See Subsection E below), and the bottom portion shall be enclosed with either a metal, wood or vinyl skirt or enclosure prior to the issuance of certificate of occupancy.
E.
All mobile homes shall be certified by the United States Department of Housing and Urban Development (HUD).
§ 170-66 Solar energy systems.
[Amended 12-9-2024 by L.L. No. 1-2024]
A.
Authority. This solar energy section is adopted pursuant to §§ 261 through 263 of the New York State Town Law, which authorizes the Town of South Bristol to adopt zoning parameters that advance and protect the health, safety, and welfare of the community, and to make provisions for, so far as conditions may permit, the accommodation of solar energy systems and equipment and access to sunlight necessary therefor.
B.
Purpose and intent.
(1)
The vision statement from the Comprehensive Plan of 2008 is to "preserve and protect our safe, clean, naturally beautiful rural and scenic environment with carefully and fairly planned commercial, residential, agricultural and recreational development."
(2)
Solar energy is a renewable and nonpolluting energy resource that can reduce fossil fuel emissions and lower a municipality's energy load. Energy generated from solar energy systems can be used to offset energy demand on the grid where excess solar power is generated.
(3)
It is the policy of the Town of South Bristol to encourage the use of solar energy sources.
C.
Definitions. As used in this section, the following terms shall have the meanings indicated:
BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV) SYSTEMS
A solar energy system that consists of integrating photovoltaic modules into the building structure, such as the roof or the facade and which does not alter the relief of the roof.
COLLECTIVE SOLAR
Solar installations owned collectively through subdivision homeowners' associations, college student groups, "adopt-a-solar-panel" programs, or other similar arrangements.
FLUSH-MOUNTED SOLAR PANEL
Photovoltaic panels and tiles that are installed flush to the surface of a roof and which cannot be angled or raised.
FREESTANDING OR GROUND-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system that is directly installed on the ground and is not attached or affixed to an existing structure.
LARGE-SCALE SOLAR ENERGY SYSTEM
A solar energy system that is ground mounted and produces energy primarily for the purpose of off-site sale or consumption, or which exceeds 1,000 square feet based on the perimeter occupied by the solar panels.
NET METERING
A billing arrangement that allows solar customers to get credit for excess electricity that they generate and deliver back to the grid, so that they only pay for their net electricity usage at the end of the month.
PHOTOVOLTAIC (PV) SYSTEMS
A solar energy system that produces electricity by the use of semiconductor devices, called "photovoltaic cells," which generate electricity whenever light strikes them.
QUALIFIED SOLAR INSTALLER
A person who has skills and knowledge related to the construction and operation of solar electrical equipment and installations and has received safety training on the hazards involved, who is certified as a solar installer by the North American Board of Certified Energy Practitioners (NABCEP), shall be deemed to be a qualified solar installer for the purposes of this definition. Persons who are not on NABCEP's list of certified installers are deemed to be qualified solar installers if the Town of South Bristol Code Enforcement Officer determines such persons have had adequate training to determine the degree and extent of the hazard and the personal protective equipment and job planning necessary to perform the installation safely. Such training shall include the proper use of special precautionary techniques and personal protective equipment, as well as the skills and techniques necessary to distinguish exposed energized parts from other parts of electrical equipment and to determine the nominal voltage of exposed live parts.
ROOFTOP OR BUILDING-MOUNTED SOLAR SYSTEM
A solar power system in which solar panels are mounted on top of the structure or a roof either as a flush-mounted system or as modules fixed to frames which can be tilted toward the south at an optimal angle.
SMALL-SCALE SOLAR ENERGY SYSTEM
A solar energy system that produces energy primarily for the purpose of on-site use and does not exceed 1,000 square feet based on the perimeter occupied by the solar panels.
SOLAR ACCESS
Space open to the sun and clear of overhangs or shade, including the orientation of streets and lots to the sun, so as to permit the use of active and/or passive solar energy systems on individual properties.
SOLAR COLLECTOR
A solar photovoltaic cell, panel, or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat.
SOLAR EASEMENT
An easement recorded pursuant to New York Real Property Law § 335-b, the purpose of which is to secure the right to receive sunlight across real property of another for continued access to sunlight necessary to operate a solar collector.
SOLAR ENERGY EQUIPMENT/SYSTEM
Solar collectors, controls, energy storage devices, heat pumps, heat exchangers and other materials, hardware or equipment necessary to the process by which solar radiation is collected, converted into another form of energy, stored, protected from unnecessary dissipation and distributed. Solar systems include solar thermal, photovoltaic and concentrated solar.
SOLAR PANEL
Allows for an energy transfer from light energy to heat and electrical.
SOLAR STORAGE BATTERY
A device that stores energy from the sun and makes it available in an electrical form.
SOLAR-THERMAL SYSTEMS
Solar thermal systems directly heat water or other liquid using sunlight. The heated liquid is used for such purposes as space heating and cooling, domestic hot water, and heating pool water.
D.
Applicability.
(1)
The requirements of this section shall apply to all solar energy systems modified or installed after its effective date. No solar energy system or device shall be installed or operated in the Town of South Bristol except in compliance with this section.
(2)
All solar energy systems shall be designed, erected and installed in accordance with all applicable codes, regulations, and standards of the Town of South Bristol, and, where applicable, the State of New York.
E.
Small-scale solar energy systems less than 1,000 square feet based on the perimeter occupied by the solar panels.
(1)
Permitting.
(a)
To the extent practicable, and in accordance with Town law, the accommodation of small-scale solar energy systems and equipment and the protection of access to sunlight for such equipment shall be encouraged in the application of the various review and approval provisions of the Town of South Bristol Code.
(b)
Small-scale solar energy systems shall be permitted only to provide power for use by owners, lessees, tenants, residents, or other occupants of the premises on which they are erected, but nothing contained in this subsection shall be construed to prohibit collective solar installations or the sale of excess power through a net billing or net metering arrangement.
(c)
The equipment specification sheets shall be documented and submitted for all photovoltaic panels, significant components, mounting systems, and inverters that are to be installed. A photograph of the site is also required.
(d)
Building-integrated photovoltaic (BIPV) systems: BIPV systems that meet the definition of "small-scale solar energy system" are permitted outright in all zoning districts as accessory uses.
(2)
Permits for rooftop or building-mounted solar systems.
(a)
This subsection applies to the installation of solar panels for commercial buildings and residences for small rooftop or building-mounted solar systems that meet the definition of "small-scale solar energy system" and that do not exceed 25 kW in size.
(b)
Building permits are required for the installation of all rooftop and building-mounted solar systems, and all building permit applications for the installation of rooftop or building-mounted solar systems on residential and commercial buildings shall be reviewed by the Town of South Bristol's Code Enforcement Officer, who has the authority to grant or deny permits for such systems.
(c)
Rooftop and building-mounted solar systems. Rooftop and building-mounted solar systems that meet the definition of "small-scale solar energy system" and that do not exceed 25 kW in size are permitted as an accessory use in all zoning districts in the Town of South Bristol when attached to any lawfully existing and lawfully permitted building, subject to the following conditions:
[1]
Aesthetics. Roof-mounted solar energy system installations shall incorporate, when feasible, the following design requirements:
[a]
Solar energy systems shall be color-compatible with the primary structure.
[b]
Panels must be mounted at the same angle as the roof's surface with a maximum distance of 18 inches between the roof and the highest edge of the system.
(3)
Permits for freestanding or ground-mounted solar energy systems.
(a)
Freestanding or ground-mounted solar energy systems that meet the definition of "small-scale solar energy system" are permitted as accessory structures in all zoning districts of the Town of South Bristol, subject to the following conditions:
[1]
Building permits are required for the installation of all freestanding and ground-mounted solar energy systems. All building permit applications for the installation of freestanding and ground-mounted solar energy systems on residential and commercial property shall be reviewed by the Town of South Bristol's Code Enforcement Officer, who has the authority to grant permits for such systems.
[2]
The location of the solar collector meets all applicable setback requirements for accessory structures in the zoning district in which it is located.
[3]
The height of the solar collector and any part of the solar energy equipment/system shall not exceed eight feet when oriented at maximum tilt.
(b)
Lot coverage.
[1]
Freestanding and ground-mounted solar energy systems shall not exceed 1,000 square feet based on the perimeter occupied by the solar panels without obtaining a special use permit as a large-scale solar energy system pursuant to Subsection F hereof.
[2]
All such systems in residential or commercial zoning districts may be installed on all areas of a parcel in accordance with local planning and zoning regulations and lot coverage requirements.
[3]
Freestanding and ground-mounted solar energy systems shall be screened when possible and practicable through the use of architectural features, earth berms, landscaping, or other screening which will harmonize with the character of the property and surrounding area and do not impact the effective amount of solar energy to be produced.
(c)
Solar-thermal systems. Solar-thermal systems that meet the definition of "small-scale solar energy system" are permitted as accessory structures in all zoning districts upon grant of a building permit.
(d)
Solar energy equipment/systems shall be permitted only if they are determined by the Code Enforcement Officer not to present any unreasonable safety risks, including but not limited to the following:
[1]
Weight load.
[2]
Wind resistance.
[3]
Firefighting and other emergency access.
F.
Large-scale solar energy systems greater than 1,000 square feet based on the perimeter occupied by the solar panels.
(1)
Permitting.
(a)
Large-scale solar energy systems are permitted through the issuance of a special use permit in R-1 R-3, R-5, C-1, C-2 and NC Districts, subject to the requirements set forth in this section, including site plan approval pursuant to § 170-94, and provided that no large-scale solar energy system shall be permitted to operate within the Canandaigua Lake Watershed as shown on the Ontario County Canandaigua Lake Watershed Inspection Map (www.ontswcd.com). Applications for the installation of a large-scale solar energy system shall be reviewed by the CEO and referred with comments to the Planning Board for its review and action, which can include approval, approval with conditions, or denial.
(b)
Special use permit application requirements. In addition to the requirements set forth in § 170-23 of this chapter, the following information must be included with an application for a special use permit for large-scale solar energy systems.
[1]
If the property of the proposed project is to be leased, legal consent between all parties, specifying the use(s) of the land for the duration of the project, including easements and other agreements, shall be submitted.
[2]
Plans showing the layout of the solar energy system signed by a professional engineer or registered architect shall be required. A photograph of the site is also required.
[3]
Plans must demonstrate compliance with Chapter 148, Steep Slopes, of the Code of the Town of South Bristol, and, where required, the issuance of a steep-slopes permit.
[4]
The equipment specification sheets shall be documented and submitted for all photovoltaic panels, significant components, mounting systems, and inverters that are to be installed.
[5]
All large-scale solar energy systems shall include drainage and stormwater management plans that are acceptable to the Planning Board.
(c)
Property operation and maintenance plan. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing and trimming, safety concerns, and access. The property operation and maintenance plan shall include details about the proposed use or uses of the remaining property not used for the large-scale solar energy system, as well as ingress and egress to all portions of the property.
(d)
Decommissioning plan. To ensure the proper removal of a large-scale solar energy system, a decommissioning plan shall be submitted as part of the application. Compliance with this plan shall be made a condition of the issuance of a special use permit under this section.
[1]
In the event that the owner or lessee of any large-scale solar energy system ceases for a period of six months to use or operate the said system or in the event the said system fails to generate electrical energy, as supported by metered use thereof, for a period of six months, then in either event such facility shall be dismantled and removed from the site and the site shall be restored to the condition the property was in prior to the installation of such system by the owner or lessee. If the owner or lessee does not voluntarily dismantle the facility and remove the same from the site upon the occurrence of either event, the CEO may recommend to the Town Board that the Town Board declare the system abandoned based on either or both events and the Town Board, upon receiving the recommendation of the CEO and holding a hearing on due notice to the property owner and operator of the facility, may declare the system abandoned and order the dismantling and removal of the system by the owner and/or operator or, after the passing of 30 days from the date the Town Board declares the facility abandoned, by Town staff or by a third party on contract with the Town. Failure to dismantle and remove a facility and restore the site to its natural state within 30 days after said facility has been declared abandoned by the Town Board upon recommendation of the Code Enforcement Officer will result in forfeiture or the filing of a claim against the letter of credit, cash bond, or surety posted by said owner or lessee of said facility, as provided in § 170-66F(1)(d)[4] herein. The Town may also impose a lien on the property to cover removal costs, plus a service charge of 25% thereof, to cover the cost of supervision and administration, to the Town, and such amount shall be assessed against the property on which the facility was situate. The amount so assessed shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town taxes and charges. If a website has been established to monitor the activity of the array, it shall be provided to the Code Enforcement Office to prove the ongoing operation of the facility. If there is no monitoring system, the CEO may demand proof of operation from the owner, and the owner shall provide the same within five business days of receiving the demand.
[2]
The plan shall demonstrate how the removal of all infrastructure both above and below ground and the remediation of soil and vegetation shall be conducted to return the parcel to the condition the property was in prior to the installation of the large-scale solar energy system.
[3]
The plan shall also include an expected timeline for execution.
[4]
A cost estimate detailing the projected cost of executing the decommissioning plan shall be prepared by a professional engineer. Cost estimations shall take into account inflation. A letter of credit, bond, or surety shall be issued to the Town of South Bristol in that amount and shall remain in effect for as long as the large-scale energy system is in existence.
[5]
Removal of large-scale solar energy systems must be completed in accordance with the decommissioning plan.
[6]
If the large-scale solar energy system is not decommissioned after being considered abandoned, the Town may remove the system and restore the property and impose a lien on the property to cover these costs to the municipality and collect such amounts in the same way as other Town taxes, in addition to any other remedies available to the Town.
(e)
Construction schedule. Applicants must submit a proposed schedule for the completion of the project, including the proposed start date and proposed date of substantial completion, the expected date of connection to the power grid, and the expected date on which operation of the photovoltaic system shall commence.
(f)
Special use permit standards. No special use permit for a large-scale solar energy system shall be issued unless the Planning Board specifically finds that the proposed project is in compliance with each of the following:
(g)
Setbacks. Large-scale solar energy systems shall adhere to the setback requirements of the underlying district.
(h)
Height. No part of the large-scale solar energy systems shall exceed eight feet in height when oriented at maximum tilt.
(i)
Lot coverage. A large-scale solar energy system that is ground mounted shall not exceed 50% of the lot on which it is installed, as measured by the perimeter occupied by the large-scale solar energy system.
(j)
All large-scale solar energy systems shall be enclosed by a berm and fencing 10 feet in height to prevent unauthorized access. Warning signs with the owner's contact information shall be placed on the entrance and perimeter of the property and of the solar energy system at locations acceptable to the Planning Board.
(k)
Large-scale solar energy systems shall be located on lots with a minimum size of one acre. Regardless of the size of the lot on which a large-scale solar energy system is located, the large-scale solar energy system shall not occupy an area greater than eight acres.
(l)
Transfer of ownership. If there is a transfer of ownership of the solar energy system or its lease, the new owners will comply with all original conditions as well as being responsible for bringing the solar array current with regulations in place at the time of sale or lease transfer.
§ 170-67 Townhouses, condominiums and cluster developments.
Townhouses, condominiums and cluster developments shall be permitted only as planned developments, subject to the provisions of § 170-20.
§ 170-68 Driveway entrance construction.
A.
Purpose. It is the purpose hereof to establish minimum acceptable standards for installation, construction, relocation or modifications of driveways entering Town highways of the Town of South Bristol, for reasons of public safety and protection of Town highways.
B.
Permit required. No person, firm or corporation shall, after the effective date hereof, install, cut, construct, locate, relocate or modify the location of any driveway entrance or exit to any Town highway of the Town of South Bristol without having first received a permit to do so from the Superintendent of Highways of the Town of South Bristol.
C.
Application for permit. Any person, firm or corporation desiring to install, cut, construct, locate, relocate or modify the location of a driveway entrance or exit onto a Town highway of the Town of South Bristol shall make application for a permit to do so to the Superintendent of Highways of the Town of South Bristol. In addition to the general standard driveway entrance and exit crossing requirements set for in Subsection D hereof, the Superintendent of Highways of the Town of South Bristol may impose special requirements which the particular situation at the location where such driveway is sought to be located requires, in his sole judgment.
D.
Entrance and exit crossing requirements. The standard driveway entrance and/or exit requirements shall be as follows:
(1)
The applicant shall furnish and bear the cost for any culvert pipe that will be required. Any other materials will be supplied by the Town of South Bristol.
(2)
No alteration or addition shall be made to any driveway heretofore or hereafter constructed, nor shall any such driveway be relocated without first securing a permit from the Superintendent of Highways.
(3)
No more than two driveways to a single commercial establishment entering on one highway shall be permitted.
(4)
The angle of the driveway with respect to the highway pavement shall not be less than 45°.
(5)
No driveway shall be permitted within 100 feet of the center-line intersection of two public highways.
(6)
No driveway will be permitted where the sight distance would create a driving hazard, in the sole judgment of the Superintendent of Highways.
(7)
A fully dimensioned plan of the proposed driveway shall be attached to the application for a permit required hereunder and must be approved by the Highway Superintendent.
(8)
Any culvert pipe required to be installed at a driveway entrance or exit shall be of corrugated plastic pipe with a smooth interior of a diameter specified by the Superintendent of Highways.
(9)
Driveway entrances, curbing, gutter, drainage ditch and roadway interface shall be constructed so as not to:
(a)
Channel drainage water from a driveway onto or across a highway.
(b)
Channel drainage water from a highway onto or across another driveway.
(c)
Interfere with drainage flow along any curbing, gutter or drainage ditch.
(10)
Driveways shall be graded to the satisfaction of the Superintendent of Highways.
§ 170-69 Filling of land.
A building permit shall be required for filling of land if it will result in an obstruction of a scenic view. Before a permit shall be issued, a site plan review by the Planning Board shall be required. The application to the Planning Board shall include such information as how much fill will be brought in, what materials will be involved, the duration of the fill operation, etc. Once a fill permit has been issued and before any future building on the site begins, a geological test shall be conducted to determine if the site is stable enough to support any proposed structure.
§ 170-70 Prohibited uses.
A.
Prohibition against the exploration for or extraction of natural gas and/or petroleum. No land in the Town shall be used:
(1)
To conduct any exploration for natural gas and/or petroleum.
(2)
To drill any well for natural gas and/or petroleum.
(3)
To transfer, pipeline, store, process or treat natural gas and/or petroleum.
(4)
To dispose of natural gas and/or petroleum exploration or production wastes.
(5)
To erect any derrick, building, or other structure or to place any machinery or equipment for any such purposes.
B.
Prohibition against the storage, treatment and disposal of natural gas and/or petroleum exploration and production materials. No land in the Town shall be used for the storage, transfer, treatment and/or disposal of natural gas and/or petroleum exploration and production materials.
C.
Prohibition against the storage, treatment and disposal of natural gas and/or petroleum exploration and production wastes. No land in the Town shall be used for the storage, transfer, treatment and/or disposal of natural gas and/or petroleum exploration and production wastes.
D.
Prohibition against natural gas and/or petroleum support activities. No land in the Town shall be used for natural gas and/or petroleum support activities.
E.
Invalidity of permits. No permit issued by any local, state or federal agency, commission or board for a use which would violate the prohibitions of this section or of this chapter shall be deemed valid within the Town.
§ 170-72 Brush, grass and weeds.
A.
The purpose of this section is to control the spread of weeds to surrounding lots and the spread of allergy-irritating pollen to adjoining lots, to protect property values, to prevent blight and the spread thereof and to ensure Town-wide, uniform yard maintenance standards that will promote the health, safety and general welfare of the residents and business owners in the Town of South Bristol, their employees, patrons, guests and invitees and any travelers within the Town of South Bristol.
B.
Maintenance.
(1)
The owner of every improved lot within the Town of South Bristol shall maintain such lot to ensure that no growth of weeds or grass shall exceed 10 inches in length or height and to ensure that there is no accumulation of dead weeds, grass or brush.
(2)
The owner of every improved lot within the Town of South Bristol shall maintain such lot to ensure that all hedges, bushes and trees are kept trimmed and free from becoming overgrown and unsightly where exposed to public view or where the same may constitute a blighting factor thereby depreciating adjoining property.
(3)
It is prohibited to allow hedges, shrubs or trees to encroach onto public sidewalks and lines of sight of public roadways.
C.
Administration and enforcement. The Town of South Bristol Code Enforcement Officer is hereby charged with the responsibility and duty to administer and enforce this section.
D.
Abatement of violations.
(1)
If the provisions of the foregoing sections are not complied with, the Town of South Bristol Code Enforcement Officer shall serve, by regular, first-class mail, written notice upon the owner, occupant or any person having the control of any such lot or land of such violation of this section and which advises such owner, occupant or person having the control of any such lot or land to comply with the provisions of this section within 10 days of the date such notice of violation is mailed.
(2)
If the person upon whom the notice is served fails, neglects or refuses to cure the violation within 10 days of the date such notice is mailed, or if no person can be found in the Town of South Bristol who either is or claims to be the owner of such lot or land or who either represents or claims to represent such owner, the Town of South Bristol Code Enforcement Officer shall cause such weeds, grass and other vegetation on such lot or land to be cut and removed, and the actual cost of such cutting and removal plus a service charge of 50% thereof to cover the cost of supervision and administration shall be certified by the Town of South Bristol Code Enforcement Officer to the Town Supervisor and such certified amount shall thereupon be charged and assessed against the owner, tenant or occupant of the property that was the subject of the violation. The expense, so assessed, shall constitute a lien and charge on the real property on which it is levied until paid or otherwise satisfied or discharged and shall be collected in the same manner and at the same time as other Town taxes and charges.
(3)
The owner, occupant or any person having control over any lot, land or property found in violation of this section shall be notified, in writing, only once in any given year for a particular violation. Subsequent violations of a similar nature at the same location during the same year shall be corrected by the Town or its agent without notice to the owner, occupant or person having control of said property. After initial notification, such owner, occupant or person having control of said property will be presumed to have been given sufficient notice of infraction for the entire season. The costs incurred by the Town in curing any subsequent violations shall be collected in the same manner as set forth in Subsection D(2).