The mobile home will be effectively screened year-round; or

The installation of the proposed mobile home will not detract from the existing visual character of the neighborhood.

Ingress, egress and the routing of mineral transport vehicles on roadways reviewed by the Town.

Appropriate setbacks from property boundaries or public rights-of-way.

The need for man-made or natural barriers designed to restrict access and the type, length, height and locations thereof.

The control of dust.

Hours of operation.

Ingress, egress and the routing of mineral transport vehicles on roadways controlled by the Town.

Appropriate setbacks from property boundaries or public road rights-of-way.

The need for man-made or natural barriers designed to restrict access and the type, length, height and location thereof.

The control of dust.

Hours of operation.

Enforcement of reclamation requirements contained in the mine's approved reclamation plan.

Major wireless communications facilities shall be permitted as special use permit uses in the AP, AR, SR, AB and MC Districts, requiring approval from the Planning Board.

If it can be demonstrated by the applicant that there is not a site in the above-referenced zoning districts which would provide wireless communications capacity consistent with federal regulations, the Planning Board may determine that a major wireless communications facility may be permitted as a special use permit use in an RH or TC District in accordance with the provisions hereinafter set forth.

A service coverage map and report shall be provided. The service coverage map shall show and describe all existing and proposed areas of service coverage relating to the proposed communications facility. The service coverage map shall locate all existing sites in the Town and in bordering communities that contain communications towers or related facilities. A detailed report shall accompany the service coverage map and shall indicate why the proposed communications tower, equipment and facility are necessary. The report shall identify locations within the proposed project site service coverage area that are not and could not be served by either existing facilities, by co-location, by utilization of alternative technology, or by an alternative tower structure.

A long-range communications facilities plan shall be provided, evidencing that the proposed location of the communications facility and supporting buildings and equipment has been planned to the result in the fewest number of communications transmissions tower locations within the Town. The plan shall indicate how the applicant intends to provide service throughout the Town, and how the applicant plans to coordinate with all other providers of wireless communications services in the Town. The plan shall address the applicant's planned and possible location of additional tower sites, additional antennas, related service area coverage, and alternative long-range plan scenarios that illustrate the potential effects of multiple towers and tower height, community intrusion impacts and visual and aesthetic impacts.

Documentation, sufficient to demonstrate that the proposed communications tower height and bulk are the minimum height and bulk necessary to provide licensed communications services to locations within the Town which the applicant is not able to serve with existing facilities in the project site area, shall be provided, including evidence that visual, aesthetic and community character intrusion impacts have been minimized to the greatest extent practicable.

Demonstration that shared use is impracticable. The Planning Board may issue a permit for a major wireless communications facility only when the applicant demonstrates that shared use of an existing structure or site is impractical. An applicant shall be required to present a report inventorying all existing structures within 1/2 mile of the proposed site that are at elevations which render them potential sites. The report shall describe opportunities for shared use of these existing facilities as an alternative to a proposed new tower. The report shall demonstrate that the applicant used its best efforts to secure permission for shared use from the owner of each existing facility as well as documentation of the physical, technical and/or financial reason why shared usage is not practical in each case. The applicant's written request and the property owner's written response for shared use shall be provided.

Commitment for future shared use. New wireless communications towers shall be designed to accommodate future demand for reception and transmitting facilities. The applicant shall submit to the Town Board and Planning Board an irrevocable letter of intent committing the owner of the proposed new tower and its successors in interest to permit shared use of the proposed tower by other telecommunications providers in the future. This letter shall also be filed with the Building Inspector/Code Enforcement Officer prior to issuance of a building permit. Failure to abide by the conditions outlined in the letter may be grounds for revocation of the site plan approval following a hearing and opportunity to be heard. The letter shall commit the new tower owner and its successors in interest to the following:

Visual impact assessment.

Tower design. A report regarding alternative tower designs, which includes lattice and monopole structures and other designs to minimize visual impacts. The Board may request a review of the tower design by a qualified engineer in order to evaluate the need for, and the design of, any new and potential alternatives. All designs to be considered shall be required to include, at a minimum, the following characteristics:

Fully engineered site plan. A site plan showing, at a minimum, all existing roads, buildings, tower(s), guy wire and anchors, antennas, parking and landscaping, and shall include grading plans for new facilities and roads.

Engineer's report.

Intermunicipal notification. In order to keep neighboring municipalities informed, and to facilitate the consideration of shared use of existing tall structures in a neighboring municipality, and to assist the continued development of communications for emergency services, the applicant shall provide the following additional notice of the application:

Distance from public facilities. In order to protect the health, safety and welfare of children who may be injured by falling ice or debris, all wireless communications towers shall be a distance of not less than 500 feet from the nearest school, day-care center, camp, public park or playground, or residence and/or dwelling unit.

Lot size of major wireless communications facilities sites shall be determined by the amount of land required to meet the setback requirements. If the land is to be leased, the entire area required shall be leased from a single parcel.

Wireless communications towers shall be located with a minimum setback from any property line equal to the height of the tower in any zoning district; except, however, if the applicant can demonstrate that the fall zone for the structure can be safely accommodated on a smaller-size parcel or with reduced setbacks to no less than the minimum bulk requirements in the underlying zoning district, the Planning Board shall have the discretion to reduce the size accordingly. The applicant must demonstrate that there is adequate protection to adjoining properties from the dangers of falling ice or debris through either an easement or other safeguards. The Planning Board shall make findings of fact justifying a reduction and shall impose such additional conditions that the Board may deem appropriate to protect health, safety and welfare. Accessory structures shall comply with the minimum setback requirements in the underlying district.

Additional setbacks may be required by the Planning Board to contain on site substantially all icefall or debris from tower failure and preserve the privacy of any adjoining residential and public properties.

Landscaping. All communications facilities shall provide landscaping as follows.

Security and safety fencing. Security and safety fencing shall be located around all communications towers, equipment and related facilities to restrict unauthorized access. Access to all structures shall be through a locked gate or principal building. Fencing shall be designed to minimize visual and aesthetic impacts and shall be equipped with appropriate anticlimbing devices. Failure to maintain said security and safety fencing in an appropriate manner shall be grounds for immediate revocation of all permits and certificates of use by the Building Inspector. In addition:

Coloring and marking. Unless otherwise required by the FAA or FCC, all communications facilities, including antennas and communications towers, shall be colored, camouflaged and/or shielded to blend with surrounding areas, provided such coloring, camouflage and/or shielding does not inhibit their effectiveness. The painting or marking of such facilities shall have a finish or coloring which will minimize visual and aesthetic impacts. Towers and all appendages shall generally have a galvanized finish and shall be painted gray or blue gray or some other finish or color that is shown to be visually unobtrusive.

Signals and lights. No communications tower, antenna tower or monopole shall include any signals, lights or illumination unless required by the FAA or other applicable authority. The applicant shall provide evidence mandating any requirement for lighting. If lighting is required, said lighting shall be shown to cause the least disturbance to surrounding properties and views. Any lighting necessary for accessory structures or buildings shall be minimized and shall be properly shielded to prevent light emission and glare onto adjacent properties.

Signage. No signs, including advertising signs, shall be permitted on any antenna, communications tower, antenna tower or monopole, or antenna support structure, except as follows:

Access. Adequate emergency and service access shall be provided. Maximum use of existing roads, public or private, shall be made. Road construction shall, at all times, minimize ground disturbance and vegetation cutting to within the toe of the fill, the top of cuts, or no more than 10 feet beyond the edge of any pavement. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential.

Parking. Parking shall be provided on site in an amount determined by the Board, based upon recommendation from the applicant. No parking shall be located in any required front yard.

An application for site plan approval of a minor telecommunications facility shall include the following:

The Planning Board may add any other documentation, reports or evidence that it deems necessary to ensure the health, safety and welfare of the community is adequately addressed.

Any antenna, communications facility, communications tower, antenna tower or monopole, including any supporting structure and related appurtenances or part thereof, that is not used for a period of six months in any twelve-month period shall be removed and the site restored by, and at the expense of, the owner of the property or the operator of said facility.

An extension of an additional six months may be granted by the Building Inspector/Code Enforcement Officer upon a written request, including proof as determined reasonable by the Building Inspector/Code Enforcement Officer that the owner is actively engaged in the marketing of the property for sale or rent.

In the event the tower is not removed and the site restored as herein required, the Town, after notice and opportunity to be heard, may cause the same to be removed and the site restored at the expense of the property owner, collectible in the same manner as a real property tax.

The current operator of any communications facility or communications tower, antenna or monopole existing at the time that these regulations take effect shall be permitted to remain in operation, provided the operator submits proof within six months of the enactment of these regulations that a valid building permit was issued for the facility and that the facility complies with current emission standards as recommended by the FCC.

Any legal nonconforming communications facility or communications tower shall be permitted to remain until such time as said use and facility is altered, at which time the compliance herein shall be brought in.

Any facility for which emission and security compliance documentation is not received shall cease operation within six months of the enactment of these regulations and shall be immediately removed thereafter.

All signage shall be in compliance with ANSI Z535 and shall include the type of technology associated with the battery energy storage systems, any special hazards, the type of suppression system installed in the area of battery energy storage systems, and 24-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.

Decommissioning plan. The applicant shall submit a decommissioning plan, developed in accordance with the Uniform Code, to be implemented upon abandonment and/or in conjunction with removal from the facility. The decommissioning plan shall include:

Decommissioning fund. The owner and/or operator of the energy storage system, shall continuously maintain security acceptable to the Town Board, in a form approved by the Town Attorney for the removal of the battery energy storage system, in an amount to be determined by the Town Board, for the period of the life of the facility. This fund may consist of cash or a letter of credit from a State of New York licensed financial institution. All costs of the financial security shall be borne by the applicant.

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

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

An electrical diagram detailing the battery energy storage system layout, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and over current devices.

A preliminary equipment specification sheet that documents the proposed battery energy storage system components, inverters and associated electrical equipment that are to be installed. A final equipment specification sheet shall be submitted prior to the issuance of building permit.

Name, address, and contact information of proposed or potential system installer and the owner and/or operator of the battery energy storage system.

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

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

Commissioning plan. Such plan shall document and verify that the system and its associated controls and safety systems are in proper working condition per requirements set forth in the Uniform Code. Battery energy storage system commissioning inspections shall be conducted by a qualified New York State (NYS) licensed professional engineer after the installation is complete but prior to final inspection and approval. A corrective action plan shall be developed for any open or continuing issues that are allowed to be continued after commissioning. A report describing the results of the system commissioning and including the results of the initial acceptance testing required in the Uniform Code shall be provided to the Planning Board and Code Enforcement Officer prior to final inspection and approval and maintained at an approved on-site location.

Fire safety compliance plan. Such plan shall document and verify that the system and its associated controls and safety systems are in compliance with the Uniform Code.

Operation and maintenance manual. Such plan shall describe continuing battery energy storage system maintenance and property upkeep, as well as design, construction, installation, testing and commissioning information and shall meet all requirements set forth in the Uniform Code.

Erosion and sediment control and stormwater management plans prepared in accordance with Chapter 154 and New York State Department of Environmental Conservation requirements.

Emergency operations plan. A copy of the approved emergency operations plan shall be given to the system owner, the local fire department(s) and local fire code official(s). A permanent copy shall also be placed in an approved location to be accessible to facility personnel, fire code officials and emergency responders. The emergency operations plan shall include, but not necessarily be limited to, the following information:

Setbacks. Tier 2 battery energy storage systems shall comply with the setback requirements contained in § 195-42.1 applicable to large-scale solar energy systems.

Height. Tier 2 battery energy storage systems shall comply with the building height limitations for principal structures of the underlying zoning district.

Fencing requirements. Tier 2 battery energy storage systems, including all mechanical equipment, shall be enclosed by a seven-foot-high fence with a self-locking gate to prevent unauthorized access, unless housed in a dedicated-use building, and not interfering with ventilation or exhaust ports.

Screening and visibility. Tier 2 battery energy storage systems shall have views minimized from adjacent properties to the extent reasonably practicable, as determined by the Planning Board, using architectural features, earth berms, landscaping, or other screening methods that will harmonize with the character of the property and surrounding area and not interfering with ventilation or exhaust ports.

Power shall only be supplied to the battery storage system from the associated large-scale solar facility which it is sited on. No interconnection to the power grid is permitted for charging battery storage facilities. The interconnection to the power grid is the only permitted discharge of power generated on site.

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, subject to approval by the Planning Board.

Providing a copy of the manufacturer's specifications on assembly, construction and erection and a certification that such specifications have been followed.

A certification by a licensed professional engineer confirming the structural stability and soundness of the proposed amateur radio antenna and/or amateur antenna support structures.

A description and map of the project's noise-producing features, including the range of noise levels expected; manufacturer's noise design and field testing data, both audible (dBA), and low frequency (deep bass vibration); and the tonal and frequency characteristics expected from the proposed structure.

A description and map of the noise-sensitive environment, including any sensitive noise receptors, i.e., residences, hospitals, libraries, schools, places of worship and similar facilities, within 1,500 feet of the WECS and/or other sensitive receptor points that may be identified by the Planning Board.

A survey and report that analyzes the preexisting ambient noise (including seasonal variation) and the effects of the WECS when added to the ambient noise.

A description of the project's proposed noise-control features and specific measures proposed to mitigate noise impacts for sensitive receptors consistent with the requirements of this chapter.

Ice throw calculations. A report that calculates the maximum distance that ice from the turbine blades could be thrown and the potential risk assessment for inhabitants and structures. (The basis of the calculation and all assumptions must be disclosed.)

Blade throw calculations. A report that calculates the maximum distance that pieces of the turbine blades could be thrown and the potential risk assessment for inhabitants and structures. (The basis of the calculation and all assumptions must be disclosed.)

Catastrophic tower failure. A report from the turbine manufacturer stating the wind speed and conditions that the turbine is designed to withstand and the potential risk assessment for inhabitants and structures (including all assumptions).

Certification by a licensed New York State professional engineer that the tower's design is sufficient to withstand wind loading requirements for structures or as established by the New York State Building Code.

No WECS shall be installed in any location along the major access of an existing microwave communications link where its operation is likely to produce electromagnetic interference in the link's operation.

No WECS shall be installed in any location where its proximity to existing fixed broadcast transmission or reception antenna (including residential reception antenna) for radio, television, wireless phone, or other personal communications systems would produce electromagnetic interference with signal transmission or reception.

The recipient of the special use permit must correct any unforeseen interference to the satisfaction of the Town's Building Inspector/Code Enforcement Officer within 60 days of any complaint.

Maximum height limit. The maximum height of a WECS shall be no greater than 100 feet.

Tower output limit. Maximum 0.3 megawatt – maximum operating output.

Signs. Caution signs shall be placed at the setback limits warning of ice and blade throws. Signs shall be placed in accordance with the approved site plan and contain emergency telephone numbers.

Fencing. Access to the WECS shall be limited by means of a fence eight feet high with a minimum six inches of security wire on top surrounding the tower base with a locking gate monitored by a security device and tower climbing apparatus to no lower than 15 feet from the ground or a locked door to internal stairs if so equipped.

Limit tip speed. No WECS facilities will be permitted that lack an automatic braking, governing or feathering system to prevent uncontrolled rotation, over-speeding, and excessive pressure on the tower structure, rotor blades, or turbine components.

Emergency shutdown procedures. Emergency shutdown procedures shall be filed with the Town's Code Enforcement Officer.

Removal if not operational. Any WECS which has not been in active service for a period of 12 months shall be removed from the premises to a place of safe and legal disposal. Additionally, all structures, guy cables, guy anchors and/or enclosures accessory to such WECS shall also be removed. The site shall be restored to a natural condition to a minimum depth of three feet or as otherwise instructed by the Town's Code Enforcement Officer or as required by the Planning Board. Such removal shall be completed within 18 months of cessation of active use and at the owner's expense.

Landscaping. Upon completion of installation, the site shall be returned as close as possible to its natural state.

Building and grounds maintenance. Any damaged or unused parts shall be removed from the premises within 30 days. All maintenance equipment, spare parts, oil, etc., shall also be removed within 30 days. All tools and materials related to WECS operations must be removed from the site or stored while the site is active or inactive.

Ownership changes. If the ownership of a WECS operating under a special use permit and site plan approval changes, the special use permit and site plan shall remain in force. All conditions of the site plan and special use permit, including performance and maintenance guarantees such as a letter of credit, or continuing certification requirements of the original owner will continue to be obligations of the succeeding owner. However, the change in ownership shall be registered with the Town's Building Inspector/Code Enforcement Officer. The Town of Wawayanda will retain the performance and maintenance guarantees throughout the property transfer. The letter of credit will not be returned to the previous owner, unless replaced by a comparable letter of credit or cash in form and content satisfactory to the Attorney for the Town.

WECS modification: Any and all modifications, additions or deletions to WECS that operate under a special use permit and site plan approval, whether structural or not, shall be made only with specific approval by the Town's Planning Board, except that such approval shall not be required for repairs which become necessary in the normal course of use of such WECS or become necessary as a result of natural forces, such as wind or ice.

Inspection. An inspection report prepared by a professional engineer licensed in the State of New York will be required at the time of installation and every three years thereafter. The inspection report will be for the structure and the electronics and will be given to the Town's Building Inspector/Code Enforcement Officer.

National and state standards. The applicant shall show that all applicable manufacturers', New York State, and U.S. standards for the construction, operation and maintenance of the proposed WECS are being complied with. All WECS shall be built, operated and maintained to applicable industry standards of the Institute of Electrical and Electronic Engineers (IEEE) and the American National Standards Institute (ANSI) or any successor organization. The applicant for a WECS special use permit and site plan approval shall furnish evidence from a professional engineer licensed to practice in the State of New York that such WECS is in compliance with the standards.

Wind speed/wind load. Certification is required from a professional engineer licensed by the State of New York or manufacturer's certification, stating the WECS design is sufficient to withstand wind-load requirements for structures as established by the Building Code of New York State and will shut down when wind speeds exceed manufacturer's maximum acceptable speed specifications.

The owner of a WECS, after such application has been approved and before a building permit is issued, shall submit a letter of credit or other acceptable surety sufficient to ensure the removal of the WECS. The letter of credit or other surety must be acceptable to the Town Engineer and Attorney for the Town before a building permit is issued. Said letter of credit or other surety shall be forfeited if removal is not completed by the deadline as previously specified in this article. This estimate will be reviewed and updated every two years by the Town Engineer, and the owner of a WECS must increase the amount of such guarantee if required by the Town Engineer.

If transmission services from a WECS are to be discontinued for a period exceeding 12 months, the owner of such WECS shall notify the Town's Building Inspector/Code Enforcement Officer within 30 days of the date of such discontinuance.

Any WECS which has not been in active and continuous service for a period of 12 months shall be removed from the premises to a place of safe and legal disposal. Additionally, all structures, guy cables, guy anchors and/or enclosures accessory to such WECS shall also be removed. The site shall be restored to a natural condition. Such removal shall be completed at the owner's expense within six months of cessation of active and continuous use of such WECS, or the owner shall forfeit the surety posted. Failure to notify and/or remove the obsolete or unused tower in accordance with these regulations shall be a violation of this chapter, and the cost of removing the WECS and accessory structures shall be placed as a lien on the property owner's tax bill.

Environmental contamination. A performance guarantee in the form of a letter of credit or cash will be required to deal with DEC requirements. The owner of a WECS, after such application has been approved and before a building permit is issued, shall submit the maximum amount letter of credit or acceptable surety necessary to ensure the cleanup of any contamination in accord with DEC requirements. The Town Engineer and Town Attorney shall review the letter of credit or other surety and determine if it is adequate and satisfactory before a building permit is issued.

Continuing obligations. All requirements detailed above shall remain in force for the life of the special use permit.

Roof-mounted solar energy systems that use electricity on site or off site are permitted as an accessory use in all zoning districts when attached to any lawfully permitted building or structure. Building permits shall be required for installation of all rooftop and flush-mounted solar collectors.

Height. Solar energy systems shall not exceed the maximum height restrictions of the zoning district within which they are located and are provided the same height exemptions granted to building-mounted mechanical devices or equipment.

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

Roof-mounted solar energy systems that use energy on site or off site shall be exempt from site plan review under the local zoning code or other land use regulations.

Ground-mounted solar energy systems that use electricity primarily on site are permitted as accessory structures in all zoning districts and shall require a special use permit from the Town of Wawayanda Planning Board along with a public hearing. Building permits shall be required for installation of all rooftop, flush-mounted and ground-mounted solar collectors.

Height and setback. Ground-mounted solar energy systems shall not exceed 15 feet in height when orientated at maximum tilt. Minimum setback requirements shall be as follows:

Lot coverage. Systems are limited to 50% lot coverage percentage. The surface area covered by ground-mounted solar panels shall be included in total lot coverage.

All such ground-mounted solar energy systems in residential districts shall be installed in the side or rear yards behind buildings and a minimum of 50 feet from property lines.

Ground-mounted solar energy systems that use electricity primarily on site may require a site plan review under the local zoning code or other land use regulations as determined by the Town of Wawayanda Planning Board. The Planning Board shall consider the site location and determine if a site plan and/or screening will be required. Screening, which may be located in the setback area, may include earth berms, landscaping, fencing or other screening which will harmonize with the character of the property. The Planning Board may waive any and all site plan requirements in accordance with § 195-69, except a public hearing, which shall always be required.

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.

Blueprints showing the layout of the solar energy system signed by a professional engineer or registered architect shall be required.

The equipment specification sheets shall be documented and submitted for all photovoltaic panels, significant components, mounting systems and inverters that are to be installed.

Property operation and maintenance plan. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing and trimming.

Visual.

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 a 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.

Decommissioning plan. To ensure the proper removal of large-scale solar energy systems, the applicant shall submit a decommissioning plan for review and approval as part of the special use permit application. The decommissioning plan shall identify the anticipated life of the project, method and process for removing all components of the solar energy system and returning the site to its preexisting condition, and estimated decommissioning costs, including any salvage value. Compliance with this plan shall be made as a condition of the issuance of a special use permit under this section. The decommissioning plan must specify that after the large-scale solar energy system can no longer be used, it shall be removed by the applicant or any subsequent owner. The plan shall demonstrate how the removal of all infrastructures and the remediation of soil and vegetation shall be conducted to return the parcel to its original state prior to the construction. The plan shall also include an expected timeline for execution. A cost estimate detailing the projected cost of executing the decommissioning plan shall be prepared by a professional engineer or contractor. Cost estimations shall take into account inflation. To secure such removal, the applicant shall provide and maintain a form of financial surety. Such financial surety shall be provided either through a security deposit, escrow account, bond, or in a manner otherwise acceptable to the Town and shall be in an amount to be established by the Town Board upon recommendation from the Town Engineer. The bond amount will be equal to 125% of the decommissioning and reclamation cost for the entire system. The full amount of the financial security shall remain in full force and effect throughout the term of the approval and/or until any necessary site restoration is completed to restore the site to a condition comparable to that which existed prior to the issuance of the original approval. The Town may periodically review the financial security to determine if any adjustments in the bond amount are required. Removal of large-scale solar energy systems must be completed in accordance with the decommissioning plan. If the large-scale solar energy system is not decommissioned after being considered abandoned, the municipality may remove the system and restore the property and impose a lien on the property owner to cover these costs incurred by the municipality.

Height and setback.

An additional 100-foot setback from the minimum yard setback along all property lines that abut a lot in a residential district. This additional setback shall apply to the front yard setback when the lot on the opposite side of the street is located in a residential district.

Large-scale solar systems shall be set back a minimum of 200 feet from any public or private road.

Lot Size. Large-scale solar energy systems shall be located on lots with a minimum lot size of 10 acres. The maximum size of all solar panels, equipment, apparatus and fenced in area shall not exceed 40 acres.

Lot coverage. A large-scale solar energy system that is groundmounted shall not exceed 50% lot coverage of the lot on which it is installed.

All large-scale solar energy systems shall be enclosed by fencing to prevent unauthorized access. Warning signs with the owner's contact information shall be placed on the entrance and perimeter of the fencing.

A large-scale solar energy system shall not be permitted on a site unless at least 50% of the site has existing solar access for the proposed solar energy system prior to any land disturbance or tree clearing.

A large-scale solar energy system shall not be permitted on a site where 50% or more of the site contains either or both of the following sensitive areas:

Large-scale solar energy systems shall not be constructed on any portion of a lot containing a sensitive area listed in Subsection E(5)(h) above, except that where no practical alternative exists, the Planning Board may allow limited disturbance of such areas to provide vehicular access or the installation of utility lines and security fencing.

No more than five acres of forested land, defined as a forested area where the canopy layer is comprised of at least 50% of trees having an average diameter at breast height of eight inches or greater, may be cleared in connection with the construction of a large-scale solar energy system.

Any application under this section shall meet any substantive provisions contained in local site plan requirements in the Zoning Code that, in the judgment of the Town of Wawayanda Planning Board, are applicable to the system being proposed. If none of the site plan requirements are applicable, the Town of Wawayanda Planning Board may waive the requirement for site plan review.

The Town of Wawayanda Planning Board may impose conditions on its approval of any special use permit under this section in order to enforce the standards referred to in this section or in order to discharge its obligations under the State Environmental Quality Review Act (SEQRA).[2]

To mitigate and control environmental damage;

For reclamation to limit subsequent environmental damage, including soil erosion control and the protection of streams; and

To assure that culverts and Town roads are protected from damage caused by the logging operation and from the transportation of timber, including compliance with truck weight limitations.

No cannabis retail dispensary shall be located on the same road and within 500 feet of a school or a public youth facility, or on the same road and within 200 feet of a house of worship.

No cannabis retail dispensary shall be located within 2,000 feet of another cannabis retail dispensary or within 2,000 feet of another cannabis facility or use that requires a license from the OCM, including but not limited to storage facilities, warehouses, cultivators, nurseries, processing facilities, distributors and distribution centers, adult-use cooperatives, and/or adult-use microbusinesses.

Separation distances shall be measured as a straight line from the center of the nearest entrance of the cannabis retail dispensary to the center of the nearest entrance of the building occupied as a school, public youth facility, house of worship, or other regulated cannabis facility or use, or as otherwise set forth in the state regulations.

A perimeter alarm that communicates with a designated owner or employee of the dispensary and a third-party commercial central monitoring station when intrusion is detected; and

Video camera surveillance at all points of entry and exit, and in any parking lot, which shall be appropriate for the normal lighting conditions of the area under surveillance.

Address of the rental unit;

The number of rental units in each building;

The number of lawful bedrooms in the dwelling unit;

The applicable overnight and daytime occupancy limit of the dwelling unit;

The types and placement of fire protection systems located in the dwelling unit and in the building;

The number and location of all exits;

An accurate floor plan for each level of the dwelling unit that can be occupied measuring 8.5 inches by 11 inches, drawn to scale and certified by the applicant. Preparation of the floor plan by a professional is not required, but the floor plan must include the following:

A listing of each manner or mechanism through which the rental unit is and/or will be listed for rent;

Written proof that any septic system has been maintained and meets the requirements of Chapter 138 of the Town Code. No property equipped with a cesspool may be used for a short-term rental;

Written proof of liability insurance for the property with policy limits in an amount of no less than $1,000,000 per occurrence;

Name, social security number, telephone number, e-mail address, mailing address and physical address of the landlord and, if applicable, Registered Agent (a post office box is acceptable);

Acknowledgment of receipt, review and understanding of this § 195-52.1 of the Zoning Code; and

Sample rental contract must be provided which includes the following:

The landlord or resident agent has falsified or failed to provide required information in the application for a permit, application for renewal of a permit, registration of property, or registration of landlord or absentee landlord.

The landlord, any tenant or property violated any provision of this section during the term of the short-term rental permit.

The landlord or any tenant violated any provision of the Code of the Town of Wawayanda or any other applicable law, code, rule or regulation.

The applicant or any tenant violated any provision of the Penal Code of the State of New York, which violation occurred on, or pursuant to the occupancy of, the short-term rental unit.

Any conduct on the property which is unreasonable under the circumstances and which disturbs the health, safety and welfare of a neighbor or the neighborhood or which otherwise creates a public nuisance.

Advertising or listing a short-term rental without including the permit or registration number on the advertising or listing, or advertising the short-term rental for a longer occupancy than permitted by this section.

Failure to display a valid permit or comply with any other of the requirements in Subsection I(1).

Short-term rental permit number.

A safety/egress plan which shall be posted in a visible location inside the short-term rental and on the back of each bedroom door.

A property map (either a survey map or a tax map printed from Orangecountygov.com/real property) depicting the boundaries and notice to guests not to trespass on neighbors' property.

All or part of the property is offered for lease on a short-term rental website, including but not limited to Airbnb, Home Away and VRBO; and/or

All or part of the property is offered for lease for a period of 30 days or less through any form of advertising.

The parking of motor vehicles on the property for which a short-term rental permit has been granted between the hours of 1:00 AM and 6:00 AM shall be prima facie evidence that the rental unit was used and occupied during that time by at least one person for each motor vehicle so parked.

Failure to register as a landlord or resident agent:

Short-term rental operation or occupancy without a valid short-term rental permit:

Advertising or listing a short-term rental without a valid permit or registration:

Conservation subdivisions are applicable only in the Agricultural Residential, Agricultural Business, Agricultural Preservation, and the Suburban Residential Zoning Districts of the Town.

An applicant for subdivision approval may propose or the Planning Board, in its discretion, may require the submission of a conservation subdivision plat where the Planning Board finds that a conservation subdivision is appropriate.

In order for the Planning Board to require a conservation subdivision without the applicant's consent, the Planning Board must find that a conservation subdivision is appropriate for the particular parcel of land in question and its location, based upon the following criteria:

Overall density. The maximum number of lots permissible in a conservation subdivision shall in no case exceed the maximum number of lots permissible in a conventional subdivision for the same parcel of land if the parcel was subdivided via a conventional subdivision where the lots conform to the minimum lot size, density, and other requirements otherwise applicable to the district or districts in which such parcel of land is located.

Density calculation. The applicant shall submit a sketch plan for a conventional subdivision conforming to the minimum lot size, requirements and standards otherwise applicable to the district or districts in which the subdivision is located in order to establish the number of dwelling units permitted in a conservation subdivision. Said sketch plan must show that each lot meets the minimum lot size and area requirements for the zoning district in which is located and that each lot shown can be developed as a viable single-family residential lot. Except as specified herein, all development standards and controls normally applicable to conventional subdivisions shall also be applicable to conservation subdivisions. Thus, areas of land needed for roads, infrastructure as well as site constraints that limit the number of lots in a conventional subdivision shall be taken into account in determining the number of lots allowable in a conservation subdivision. The area of lands which may be required for parks, playgrounds or recreation areas in a conservation subdivision, if any, or a fee in lieu of such parks, playground or recreation areas shall in no case exceed the area of such lands that may be required in a conventional subdivision. However, the area of lands which would be required in a conventional subdivision for parks, playgrounds or recreation lands pursuant to the Town's Subdivision Regulations (Chapter 162 of the Code) shall be excluded in determining the number of lots permitted in a conservation subdivision.

Lot sizes and layout. The intent of this section is to allow flexibility of design that allows for enhancement of rural character and conservation of open space. Lots should vary in size and shape and should utilize existing land features in configuration of the lots.

Amount of open space required. The size of the open space shall be determined on a case-by-case basis with the final determination to be made by the Planning Board, in its discretion, upon review of the subdivision application. The portion of the subdivision tract to be set aside for open space conservation shall be of such minimum dimensions and size as to be functional for its intended purpose, taking into consideration environmental, density and other site-specific factors. There shall be a minimum of 50% of the parcel preserved as open space.

Location. Open space areas shall be convenient to the dwelling units they are intended to serve and shall be sited with sensitivity to surrounding land features and development. Open space areas shall be integrated wherever possible into a connected open space system within the development as well as outside the development. Open space areas should form a contiguous system with other open space areas in the vicinity of the subdivision development to the maximum extent practicable.

Use of open space areas. Open space areas may include features and improvements for active and/or passive recreation, provided that such features do not materially detract from the purpose for preservation of the open space. As a general principle, open space areas should be left in their natural state. Accepted conservation management techniques may be employed to maintain a natural state and allow for passive recreational opportunities, such as, but not limited to, hiking trails, cross-country skiing or snowshoeing trails, picnic areas, etc. Where appropriate, active recreational facilities may be included in the open space areas. In addition, farming activities are allowed to continue in open space areas pursuant to an agricultural easement or other suitable arrangements. Where active agricultural lands are set aside in a conservation subdivision, such lands may remain in active agricultural use.

Deed restrictions. Any lands set aside for open space purposes shall contain appropriate easements, deed covenants, conditions and restrictions approved by the Planning Board and/or the Town Attorney, ensuring that:

Open space ownership. The type of ownership of the land set aside for open space shall be selected by the applicant, subject to the approval of the Planning Board. An acceptable type of ownership may include, but is not necessarily limited to, the following:

Process in determining design. In order to effectively create a conservation subdivision, the applicant, in consultation with the Planning Board, should:

Exception to or waiver of requirements or standards. The Planning Board may permit minor deviations to or waive certain open space requirements or standards when it determines that:

The setting aside of open space, forested land, or active agricultural land in a conservation subdivision shall in no case preclude the Planning Board from requiring the dedication of an area or areas for parks, playgrounds or recreation lands within the subdivision pursuant to the Town of Wawayanda Subdivision Regulations or other provisions of the Town's Code.

There is adequate capacity for potable water to service the proposed lots for their intended use; and

The service of water to each of the proposed lots will not adversely affect the existing wells or future water supply for other properties in the surrounding area.

The special needs of senior citizens; and

The physical characteristics of the development site.

Shade trees shall be provided along each side of all streets, public or private, existing or proposed. In locations where healthy and mature shade trees currently exist, the requirements for new trees may be waived or modified by the Planning Board.

Shade trees shall have a minimum caliper of two inches measured at a height of four feet from the ground at time of planting, and shall be spaced a maximum of 40 feet on center, with exact spacing to be evaluated on a site-specific basis by the Planning Board as part of site-specific review.

One-family detached lots shall have a minimum lot area of 5,000 square feet and a maximum lot area of 15,000 square feet.

Two-family attached lots shall have a minimum lot area of 3,000 square feet per unit and a maximum lot area of 6,000 square feet per unit.

Lot widths shall range from 20 feet to 80 feet.

Building setback, front: minimum of zero feet, maximum of 25 feet.

Building setback, rear: minimum of 30 feet.

Two parking spaces for each townhome, one-family detached dwelling, one-family semidetached dwelling, and two parking spaces for each multifamily flat shall be required. In addition, the Planning Board shall determine a reasonable number of spaces that shall be made available for guests and visitors, not to exceed one parking space for each five dwelling units. Attached garages and driveways giving access thereto that are accessory to one-family detached and one-family attached dwellings shall be counted toward required parking.

The name and address of the owner of record and applicant, if different.

The name of the person or firm preparing the map.

The date, North arrow and scale.

The names, addresses and tax map parcel numbers of owners of all parcels within 500 feet of the subject property, and mailing labels for all property owners of parcels within 500 feet of the subject parcel(s).

The acreage of the parcel.

The boundaries of the parcel.

The location and width of existing and proposed state, county or Town roads and rights-of-way abutting or within 200 feet of the parcel.

The location and outline of existing structures on the parcel and within 100 feet of the property line.

The location of any existing storm or sanitary sewers, culverts, waterlines, hydrants, catch basins, manholes, etc., as well as other underground or aboveground utilities within or adjacent to the parcel.

The existing zoning and location of zoning boundaries.

The location and outline of existing water bodies, streams, marshes or wetlands, including their regulatory buffers and their respective classification, as determined by the appropriate governmental regulatory body.

The boundaries of FEMA one-hundred-year floodplains or any areas subject to stormwater overflows.

Slopes greater than 15%.

Prime farmland soils, including the soil type, based upon the USDA Soil Conservation Survey.

Hydric soils, including the soil type.

The location and outline of existing vegetation.

Freestanding trees with a caliper of six inches' diameter or greater measured four feet above the ground located within the parcel.

Existing contours at an interval of two feet and extending no less than 100 feet onto adjoining property.

The identification of any other significant natural feature, including, but not limited to, known areas of cultural, historic or archeological significance.

The approximate location and dimensions of principal and accessory buildings on the site. The number of proposed dwelling units by housing type and size shall be provided on the plan, plus a calculation of the density in dwelling units per acre.

The approximate location and dimensions of vehicular traffic circulation features of the site, including proposed roads, internal drives, parking and loading areas, and proposed access to the site.

The approximate location and nature of pedestrian circulation systems, open space and outdoor recreation areas on the site.

A general plan for the proposed on-site water supply distribution system, including its point of connection to the existing water supply system.

A general plan for the collection and disposal of sanitary wastes from the site, including its point of connection to the existing sanitary collection system.

A general stormwater drainage plan and how it is to be connected to the drainage systems of adjoining land.

A preliminary site grading plan at intervals of two feet or less.

Preliminary identification of areas that will be disturbed and areas which will remain undisturbed by project implementation.

The site shall be served by both municipal water and municipal sanitary sewer facilities, and said facilities shall be adequate to accommodate the additional demand placed upon them by the proposed development.

The site shall be well-drained, and stormwater generated by development of the site shall not place an undue burden on existing facilities or contribute to downstream flooding.

The site shall be located in an area suitable for residential purposes and shall be reasonably free of objectionable conditions, such as odors, noise, dust, air pollution, high-traffic volumes, incompatible land uses and other environmental constraints.

The site shall be located such that access to the site can be obtained from a public street that is improved to acceptable standards and sight distances and can be developed at the site entry/exit and at intersections in the vicinity of the site.

The development of the site shall not produce undue adverse effects on the surrounding neighborhood.

The plan should generally comply with any supplementary use and development standards set forth in this chapter for the particular use(s) proposed.