General. Accessory uses are permitted in connection with and incidental to a permitted principal use and in compliance with the restrictions of this section. An accessory use shall not include a use that is not permitted in the district or that alters the character of the premises on which it is located or impairs the surrounding neighborhood. An accessory use shall be located on the same lot with the use to which it is accessory.

Unattached accessory structures. Accessory structures that are not attached to a principal structure may be erected in accordance with the following requirements:

Attached accessory structures. When an accessory structure is attached to the principal building, it shall, in all respects, comply with the yard requirements of this chapter applicable to the principal building.

Adult uses are permitted by special use permit in the Industrial District.

All adult uses are additionally subject to the regulations set forth in Chapter 51 of the Town Code.

A bed-and-breakfast shall only be established in a single-family detached dwelling.

A maximum of five guest rooms shall be permitted in any one bed-and-breakfast establishment.

No food preparation, except beverages, is allowed in individual guest rooms. Meal service may only be provided to overnight guests, except in the case of special events or similar functions.

All parking areas on the property (except driveways) shall be behind the required building setback line and shall be screened from the view of adjacent residences to a height of six feet by a solid screening fence or by dense shrubs and vegetation.

The operator of the bed-and-breakfast shall be a full-time owner-occupant resident of the dwelling in which the bed-and-breakfast establishment is housed.

The Planning Board shall use as criteria for the granting of a special use permit:

The Planning Board shall have the authority to impose additional reasonable conditions and restrictions as are directly related to and incidental to the proposed bed-and-breakfast establishment.

Special use permits for bed-and-breakfasts shall expire 10 years from issuance, or upon sale of the building so used, or upon the owner no longer continuously occupying and operating the business, whichever shall sooner occur.

The size and location of all boat facilities, where permitted, shall be consistent with the Bulk and Use Tables.

All out-of-water boat repairs shall be within a fully secured and fenced area not accessible by the general public.

All boat repair work shall have containment areas and employ disposal methods for pollutants and toxic substances consistent with any local and state standards (i.e., NYSDEC).

Only those boats and similar vessels that will be immediately and actively under repair shall be moved to or placed within a designated boat repair facility.

Purpose and intent. It is the intent to provide, where suitable, for conversion of preexisting single-family dwellings which, because of oversize or other condition, cannot reasonably be continued. In such cases, a special permit may be granted for conversion of the existing structure to accommodate additional families in the A-1, MU-1 and MU-2 Districts only, where multifamily and two-family housing are permitted either by right or by special use permit.

Criteria. A special permit is required prior to any conversion of a single-family dwelling to a two-family or multifamily dwelling. The special permit shall require that the following are complied with:

Location. The locations of all buildings on corner lots and on lots extending between two parallel streets shall comply with the following requirements: any yard on an improved street shall be a front yard, one other yard shall be a rear yard, and any other yards shall be side yards.

Purpose and intent. The purpose of these regulations is to reduce the loss of agricultural resources in the Town of Williamson by limiting the circumstances under which customary agricultural operations shall be deemed a nuisance and to allow such practices necessary for the business of farming to take place free of unreasonable and unwarranted restriction.

Customary agricultural operations conducted on farmland in districts permitted shall not be found to be a public or private nuisance if such practices are:

Controversies. Any issue or controversy that arises and cannot be resolved directly between the parties involved and is not addressed by other laws and regulations may be referred to the Town of Williamson Town Board for open hearing and recommendations.

See also §§ 178-37 and 178-38 for additional regulations pertaining to ancillary operations associated with customary agricultural operations.

Purpose and intent. The purpose of this section is to protect the safety, public health, convenience and general welfare of the inhabitants of the Town of Williamson by providing regulations pertaining to the design and layout of drive-through establishments which have substantial impact upon the character of the Town of Williamson and upon traffic, utilities and services therein.

Applicability. This section applies to all uses identified as permitting a drive-through facility, either by right or by special use permit, as identified in the Bulk and Use Tables for each established district as provided in Article II of this chapter.

Criteria. In considering whether or not to approve a special use permit for a drive-through establishment, the Planning Board shall consider its impact on traffic patterns, the character of the community, and shall carefully consider site design and layout. Drive-through establishments may be permitted, provided that the following are complied with:

Purpose and intent. This section is intended to provide for the proper disposal of waste materials.

Dumping, piling or accumulation of refuse, garbage (other than in closed containers which are regularly emptied in a lawful manner), waste material, scrap or other noxious substances is prohibited in the Town of Williamson.

Docks for boating and swimming facilities are subject to required state permits and standards. The width of the deck of a pier or dock shall not exceed eight feet.

Individual private docks for the exclusive use of an adjacent residential unit shall be permitted.

Any dock that has more than two boat mooring spaces shall be considered a marina.

Only one dock per lot shall be permitted in the L-R District, except as part of an approved planned unit development.

Piers, docks, decks, platforms and boathouses shall be single story. They may be roofed but shall not be designed to allow second-story use.

Setbacks. The minimum setback from any side property line is 10 feet, except that shared facilities may be located adjacent to or on both sides of a property line upon agreement of the affected property owners and approval by the Williamson Town Board.

Intent and purpose.

Permits required. No person, firm or corporation, being the owner or occupant of any land or premises within the Town of Williamson, shall use or permit the use of said land or premises for the construction or installation of an electric vehicle charging station without meeting the permit requirements and obtaining site plan approval as defined herein.

Permit code requirements. Refer to NYSERDA EVSE template Section 2 through 625.28.

Indoor sites. Refer to NYSERDA Indoor Sites Section 625.29 in the template.

Outdoor sites. Refer to NYSERDA Outdoor Sites 625.30 in the template. NOTE: NYSERDA amp and volt requirements needs must be considered by the applicant. The template for the most part covers equipment rated at 125 volts, 15 amperes or 20 amperes. The Town may allow a simplified form if the conditions in the template are met and the residence has electrical service to the house of at least 200 amps and the EVSE does not exceed 200 amps.

Permit application. The applicant must utilize and submit the permit application provided by the Town of Williamson and include a simple site diagram, a sample of which is attached to the permit. The application includes a certification that all of the requirements identified in this section have been met.

The Town of Williamson encourages referring to the NYSERDA guidelines and requests the applicant to provide a simple sample site plan and electrical diagram as described in the NYSERDA template. The Building Inspector/Zoning Code Officer office has available for the applicant’s review the National Electrical Code requirements for solar installation as referenced in the template checklist.

Purpose and intent. These regulations are intended to protect the health, safety and well-being of occupants of farm labor camps and to promote the general welfare of the Town of Williamson.

Farm labor camps are considered to be supplemental to the agricultural use of the property. A farm labor camp is allowed exclusively in association with the performance of commercial agricultural labor and must be located on an operating farm.

Labor camps occupied by five or more persons, one or more of whom are employed as laborers in farm activities, must meet the requirements of the New York State Sanitary Code (10 NYCRR Part 15, Migrant Farmworker Housing).

Location. The operator shall locate housing facilities only:

Purpose and intent.

General standards.

Farm stands.

Farm markets.

General requirements.

Height, location and setback.

Construction materials.

Corner lots. Rear and side street yard fencing on a corner lot shall be permitted to extend toward the street for purposes of boundary fencing, provided that a minimum setback of three feet from the property line which parallels the street is maintained. The height of fencing shall be no more than three feet in height.

No building shall be located within 50 feet of any property line.

Retail sales are permitted when clearly secondary to the principal use.

Illuminated signs and other lights shall be directed away or shielded from adjoining residential properties in such a way as not to disturb the occupants thereof.

No public address system shall be permitted, except where such system is inaudible at any property line.

General application. No building or structure shall have a greater number of stories, nor have an aggregate height of a greater number of feet, than is permitted in the district in which such building or structure is located, except as noted elsewhere in this chapter. Height regulations for each district are outlined in the Bulk and Use Tables located in Article II of this chapter.

Permitted exceptions to height regulations.

The purpose of this section is to accommodate small-scale, owner-occupied businesses, trades or professions within the A-1, R-1, MU-1 and MU-2 Districts. In accommodating such activities, it is the intent that there will be no degradation of the character, functionality or quality of life of neighborhoods in which these activities occur. A home occupation shall be conducted in a manner which does not give the outward appearance of a nonresidential use or business being conducted on the premises, does not infringe on the right of neighboring landowners to the quiet enjoyment of their land, and does not alter the land use pattern of the district in which the lot is located.

A home occupation is an occupation or profession which:

A home occupation includes, but is not limited to, the following: professional offices of a physician, dentist, lawyer, design professional, accountant, real estate broker or insurance salesman; arts and crafts studios; music teaching (no more than two students at a time); tailor; tutoring (no more than two students at a time); hairdresser.

Illuminated signs and other lights shall be directed away from or shielded from adjoining residential properties in such a way as not to disturb the occupants thereof.

Accessibility. A guest room shall be accessible from an internal hallway, except for first- and second-floor units, which may have direct access from a parking area, covered porch, interior courtyard or swimming pool instead of, or in addition to, interior hallway access.

Screening. In addition to any other screening and landscaping requirements imposed by this chapter, hotels/motels shall provide screening of ground-mounted satellite, HVAC (other than HVAC equipment serving an individual unit) and auxiliary power equipment by means of a masonry screening wall or a wrought-iron (tubular steel) fence with a living screen, either of which shall be of sufficient height to block visibility of the equipment from view at the property line.

The kennel will not create nuisance conditions for adjoining properties due to noise or odor.

All animals will be confined to the property.

The kennel shall have adequate methods for sanitation and sewage disposal.

Every kennel and its associated outside animal runs shall be subject to the setback requirements of the district in which they are permitted. Setback requirements are identified in Article II of this chapter, in the Bulk and Use Tables.

General. Sites with preexisting natural resource features, including woodlots and wetlands, are encouraged to incorporate those existing natural resource features into proposed site plans. The removal of significant natural features is discouraged.

Enclosed uses. Any enclosed use, as may be required by this chapter to be landscaped in accordance with this subsection, shall provide a fence, screen or landscaping sufficient to obscure such use from view from abutting properties lying in L-R, R-1, MU-1 or MU-2 District or from public rights-of-way.

Unenclosed uses. Any use which is not conducted within a completely enclosed building, including and similar to, but not limited to, automobile salvage and wrecking operations, outdoor storage yards, and junkyards and lumber and building material yards, shall be enclosed by a substantial and solid fence or suitable natural hedge, with openings only for access and egress; shall be at least eight feet in height; shall be kept in good order and repair; shall not be located nearer than 200 feet to any residential/commercial district; shall have no storage outside of the solid fence; and shall be no nearer than 30 feet to any public highway right-of-way line. This section shall not apply to nurseries or to displays for sale purposes of new and used cars, trucks, trailers, bicycles, motorcycles, farm equipment or mobile homes.

Approval by the Planning Board. Plans and site designation for the installation of required fences or landscaping shall be reviewed by the Planning Board, as provided in Article V, prior to the issuance of the building permit for such uses as are required by this chapter to be provided with such fences or landscaping.

Maintenance. Any fencing or landscaping installed in accordance with this section shall be maintained in good order to achieve the objectives of this section. Failure to maintain fencing or to replace dead or diseased landscaping shall be considered as a violation of this chapter.

The following regulations apply to all districts that allow large animals:

The following regulations shall apply to all districts that allow private stables and commercial stables:

Large-scale developments include any permitted land use which can be expected to generate more than 300 vehicular trips per day.

Large-scale developments shall not be permitted when the following conditions appear likely to result:

Materials. A fence of wood, iron, chain link, wood and iron rods or wire and stone, at least four feet high and not to exceed six feet in height, shall be deemed a lawful fence. No fence of any kind which is composed in whole or in part of, or to which there is or has been added, barbed wire, razor wire or any barbed wire type of fencing material shall be permitted in any district without prior approval of the Town Planning Board.

Lot width. The minimum lot width of any lot shall be measured along the minimum building setback line as required for the district in which it is located.

Corner lots. At all street intersections, no obstruction to vision (other than an existing building, post, column or tree) exceeding 30 inches in height above the established grade of the street at the property line shall be erected or maintained on any lot within the triangle formed by the street lot lines of such lot and a line drawn between the points along such street lot lines 50 feet distant from their point of intersection.

Ancillary uses associated with marina operations, such as fueling, repairs and maintenance, hauling and storage, retail sales, and yacht club facilities, including restaurant or lounge, are permitted when approved as part of the special use permit in the MU-2 or L-R District.

Ancillary uses to marinas are subject to any additional regulations set forth for that use, including boat storage and repair and docks.

Purpose and intent. The purpose of this section is to mitigate potentially harmful impacts stemming from the presence and operation of motor vehicle service stations by controlling ingress and egress, setbacks, buffers, and operations.

In addition to the information required for site plan review, the site plan submitted shall also show the location and number of fuel tanks to be installed, the dimensions and capacity of each storage tank, the depth of placement below the ground, the number and location of pumps to be installed and the type of structure and accessory buildings to be constructed.

Location of exits and entrances. No motor vehicle service station shall have an entrance or exit for vehicles within 200 feet, as measured along the public street, of an existing school, public playground, church, chapel, convent, hospital or public library, and such access shall be no closer than 30 feet to any intersection.

Location of oil drainage pits and hydraulic lifts. All oil drainage pits and hydraulic lifts shall be located within an enclosed structure and shall be located no closer than 50 feet from any property line.

Gasoline pumps. Gasoline service stations shall have their gasoline pumps, including other service facilities, set back at least 30 feet from any street line.

Storage tanks. Storage tanks not in use which have been deemed hazardous shall be removed.

The entire area of the site traveled by motor vehicles shall be hard-surfaced.

Any repair of motor vehicles shall be performed in a fully enclosed building, and no motor vehicle shall be offered for sale on the site, except in accordance with an approved site plan. No motor vehicle parts or partially dismantled motor vehicle parts or partially dismantled motor vehicles shall be stored outside of an enclosed building.

Up to five unlicensed motor vehicles may be temporarily stored, for a period not to exceed two months, at a repair or service establishment if adequate off-street parking spaces are available.

Landscaped area. A five-foot-wide landscaped area shall be provided along all gasoline service station property lines, excluding points of ingress and egress and property lines adjacent to existing commercial uses. The landscaped area shall be densely populated with a mixture of shrubs, trees and fence to create a screen.

Accessory uses; gasoline service stations. Other than the sale of cigarettes, candy, soft drinks and other items from vending machines in an effectively screened area, the following accessory uses shall be permitted in gasoline service stations only pursuant to a special use permit procedure:

The architecture, materials, and color scheme of canopies over pump islands shall be consistent with and reflect the design of the primary building of the establishment. Illumination originating from a canopy shall only be directed towards the ground. Canopies shall not be any larger than is necessary to contain extinguisher systems, fuel supply systems, and other necessary utilities.

No new or used motor vehicles shall be sold or exhibited for sale on any part of the lot.

Maximum length of rows.

Distance between buildings and driveways. With the exception of an attached garage or carport, no driveway or parking lot should be closer than 25 feet to the front of any building nor closer than 10 feet to the side or rear of any building.

Recreation space. There shall be provided on the site of such development an area or areas devoted to the joint recreational use of the residents thereof. Such recreation space shall consist of no less than 400 square feet of space per dwelling unit. Each such recreation space shall be developed with passive and active recreation facilities and maintained by the management or owner.

Off-street parking spaces. There shall be provided on the site of such development an area or areas devoted to the storage of automobiles. Three parking spaces shall be provided for each two dwelling units on the site. Parking areas shall contain a minimum of 200 square feet per space, excluding all driveway areas.

Landscaping. Trees and shrubs shall be provided along all walks and streets, around recreation areas and along the outer property line of the site. Trees shall be planted at intervals of 50 feet where feasible.

Minimum size requirements for various units:

Off-street parking. In all districts, in connection with every manufacturing, business, institutional, recreation, residential or any other use, there shall be provided, at the time any new building or structure is erected, off-street parking spaces open to the public at no charge for automobiles, in accordance with the requirements set forth herein.

Off-street loading.

Shared use of parking facilities. In the MU-1 and MU-2 Mixed-Use Districts, a nonresidential use may make arrangements with another nonresidential use that normally has different hours of operation to share off-street parking spaces if approved by the Planning Board. The shared parking shall comply with all of the following standards.

Such uses shall not be located within 200 feet of the nearest L-R, R-1, MU-1 or MU-2 District, and the operation thereof shall be governed by the following provisions and any other conditions as may be required by the Zoning Board of Appeals to protect the public health, safety, comfort, convenience and general welfare and especially with regard to abutting properties and the occupants thereof.

No junkyards or automobile wrecking yards shall be permitted within 200 feet of the right-of-way of State Route 104.

A five-foot-wide landscaped area shall be provided along all property lines, excluding points of ingress and egress and property lines adjacent to existing commercial uses. The landscape area shall be densely populated to create a sufficient screen.

Flammable and explosive liquids. Highly flammable or explosive liquids, solids or gases shall be stored either above ground or below ground, in accordance with Section C510, regarding equipment for flammable liquid inside and outside, of the State Building Construction Code. Tanks or drums of fuel directly connected to heating devices or appliances located on the same premises as the tanks or drums of fuel are excluded from this provision.

Fencing and setbacks. See § 178-45.

Deposit of wastes. No materials or wastes shall be deposited on any premises in such form or manner that they may be transferred off such premises by natural causes or forces.

Other hazardous materials. All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors and only in closed containers.

Sound. The volume of sound inherently and recurrently generated shall be controlled so as not to become a nuisance to adjacent uses.

Vibration. An operation which creates intense earthshaking vibration, e.g., heavy drop forges or heavy hydraulic surges, shall not be discernible beyond the property lines of the industry.

Radioactivity. No operation shall be permitted which causes radioactivity in violation of Title 10, Chapter 1, Part 20, Code of Federal Regulations, "Standards for Protection Against Radiation," dated June 16, 1957, or any subsequent revision or amendments.

Odor. No emission of odorous gas or other odorous matter in such quantity as to be readily detectable at any point along lot lines without use of instruments shall be permitted.

Toxic or noxious matter. No discharge beyond lot lines of any toxic or noxious matter in such quantity as to be detrimental to or to endanger the public health, safety, comfort or welfare, or cause injury or damage to property or business, shall be permitted.

Glare. No direct or reflected glare shall be detectable from any residential or mixed-use district boundary (i.e., L-R, R-1, MU-1 or MU-2).

Heat. No direct or reflected heat shall be detectable from any residential or mixed-use district boundary (i.e., L-R, R-1, MU-1 or MU-2).

Dust and fly ash. No solid or liquid particles shall be emitted in such quantity as to be readily detectable at any point along lot lines or as to produce a public nuisance or hazard beyond lot lines.

Smoke. No smoke shall be emitted in such quantity as to become a nuisance.

Streamlined photovoltaic permitting process. Simply use the NYSERDA required New York State Unified Solar Permit Template prepared by NY-Sun. The Town of Williamson encourages referring to the NYSERDA guideline and requesting the applicant to provide a simple sample site plan and electrical diagram as described in the NYSERDA template. The Building Inspector/Zoning Code Officer office has available for the applicant's review the National Electrical Code requirements for solar installation as referenced in the template checklist.

The Town wishes to encourage our residents and businesses to undertake energy conservation and energy generation projects to support sustainable green initiatives. Please review the NYSERDA website for funding opportunities and guidelines for approved vendors.

Purposes. The purpose of planned unit development regulations is to encourage flexibility in the design and development of land in order to promote its most appropriate use; to facilitate the adequate and economical provision of streets, utilities and public spaces; and to preserve the natural and scenic qualities of open areas. The procedure is intended to permit diversification in the location of structures and improve circulation facilities and other site qualities while ensuring adequate standards relating to public health, safety and welfare and convenience, both in the use and occupancy of buildings and facilities in planned groups.

Approval. Planned unit developments shall be subject to the approval of the Town Board, based upon review and recommendations by the Planning Board.

Regulations governing planned unit developments.

Standards for reviewing planned unit developments. The Planning Board shall form its recommendation concerning the planned unit development based upon the following standards:

The public sale of personal property, including such sales classified by porch, garage, barn, attic, rummage, bazaar, etc., and limited to property with a primary use as residential are permitted.

These sales shall conform to the following conditions:

Amusement centers, bowling alleys, health clubs and similar places of amusement.

Size requirements. The minimum size requirements for single-family dwellings are as follows. The square footage is based on the outside dimensions of the foundation wall, exclusive of porches, patios, breezeways, garages, steps or similar appurtenances.

Standards applicable to all special uses. Prior to the approval or disapproval of an application for a special use permit, the Planning Board shall take into consideration the public health, safety and welfare, the comfort and convenience of the Town in general and of the residents of the immediate neighborhood in particular, and may prescribe appropriate conditions and safeguards as may be required in order that the result of its action may, to the maximum extent possible, further the intent of this chapter and accomplish the following general standards:

Purpose and intent. The purpose of this section is to protect the general public from the hazards and nuisances that may be associated with private swimming pools.

Residential swimming pools shall comply with the Property Maintenance Code of New York State, as well as other relevant sections of the New York Code, Rules and Regulations.

Pool and deck placement shall comply with structure setback requirements of the applicable zoning district.

Such uses shall be limited to the erection, construction, alteration and maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, and collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signs, hydrants and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings. Where applicable, the landscaping regulations of § 178-45 shall apply.

Such uses, when in a residential district, shall be subject to the following regulations:

Intent and purpose.

Permit required. No person, firm or corporation, being the owner or occupant of any land or premises within the Town of Williamson, shall use or permit the use of said land or premises for the construction of a tower for energy-deriving purposes without meeting permit requirements and obtaining site plan approval as defined herein.

Exemptions: those windmills previously permitted under the Williamson Code entitled "Power-generating windmills; on-site-use energy systems."

Wind systems. A commercial wind energy system shall include the following components:

Permit application.

All applications for the construction of a tower to be used to derive energy will be referred to the Planning Board for special use permit approval and site plan review under the procedures set forth in this chapter. In granting site plan approval, the Planning Board may impose other conditions and restrictions deemed necessary for the maintenance and safety of such towers and/or to preserve and protect the character of the neighborhood and health, safety and welfare of the community.

Height limitations.

Energy shutdown/safety.

Lighting. A wind turbine shall not be artificially lighted except to assure human safety as required by the Federal Aviation Administration (FAA). Lower-disturbance-level lighting schemes shall be used when recommended by nationally recognized institutions.

Utility service. All power transmission lines from the wind electricity generation facility between towers and to on-site transfer stations shall be underground.

Access road. Existing roadways shall be used for access to the site whenever possible. In the case of constructing roadways, they shall be constructed and maintained in a way so that it allows for passage of emergency vehicles in the event of an emergency.

Security provision. The wind turbine design shall not be readily climbable by the public for a minimum height of 15 feet from the ground.

Public hearings. No action shall be taken by the Zoning Board of Appeals to issue a special use permit, by the Planning Board to issue preliminary site plan approval nor the Zoning Board of Appeals to grant a use and area variance until after public notice and hearing. Proper notice of a hearing before a board shall be given by legal notice published in the official newspaper of the Town of Williamson at least five days before the date set for a public hearing and written notice mailed to the applicant or his agent at the address given in the application to be considered. The applicant shall be responsible for notifying by first-class mail all property owners of record within 300 feet of the outside perimeter or boundary line of property involved in the preliminary application of the time, date and place of such public hearing by mail at least 10 days prior to such hearing. Notice shall be deemed to have been given if mailed to the property owner at the tax billing address listed on the property records of the Town Assessor or at the property address. At least seven days prior to such hearing, the applicant shall file with the Board his/her affidavit verification of mailing such notice. Failure of property owners to receive such notice shall not be deemed a jurisdictional defect.

Enforcement; penalties for offenses.

Fees; reimbursement of expenses. Fees for applications and permits under this section shall be established by resolution of the Williamson Town Board. The developer shall reimburse the Town for the costs incurred to review and execute a wind turbine project.

Taxes. Wind farm properties shall be assessed and taxed like any other commercial enterprise. However, each taxing agency shall have the right to grant tax incentives and/or exemptions to encourage the use of renewable energy systems such as wind farms.

Validity, savings and severability. Should any section, paragraph, sentence, clause, word, part or provision of this section be declared void, invalid or unenforceable for any reason, such declaration shall not affect the validity of any other part of this section which can be given effect without the part(s) declared void, invalid or unenforceable.

Definitions. Definitions of terms used in this section which are associated with wind power systems may be found in the documents in NYSERDA's "Wind Energy Toolkit: Community Resources for Wind Development," located at http://www.powernaturally.org/programs/wind/toolkit.asp.

Effective date. This section shall take effect immediately upon filing with the Secretary of State.

Intent and purpose.

Permits required. No person, firm or corporation, being the owner or occupant of any land or premises within the Town of Williamson, shall use or permit the use of said land or premises for the construction of a tower for energy-deriving purposes without obtaining a permit and site plan approval as defined herein.

Exemptions: none.

Limitation of the number of wind turbines per lot. The number of wind turbines shall be limited to the number required for on-site energy consumption.

Wind systems. The small wind energy system shall include the following components:

Permit application.

Site plan standards. Prior to issuance of final site plan approval, the following requirements shall be complied with:

Noise level.

Height limitations.

Energy shutdown/safety.

Lighting. A wind turbine shall not be artificially lighted except to assure human safety as required by the Federal Aviation Administration (FAA).

Utility service. All power lines from the wind turbines to on-site interconnection equipment shall be underground.

Access road. Existing roadways shall be used for access to the site whenever possible. In the case of constructing roadways, they shall be constructed in a way so that they allow for passage of emergency vehicles in the event of an emergency.

Security provision. The wind turbine design shall not be readily climbable by the public for a minimum height of 15 feet from the ground.

Decommission. The applicant shall submit to the Planning Board a letter of intent committing the tower owner, and his/her successors in interest, to notify the Building and Zoning Officer within 30 days of the discontinuance of use of the wind turbines. This letter of intent shall be filed with the Building and Zoning Officer prior to the issuance of a building permit. The owner shall remove the obsolete or unused wind turbines and accessory structures within one year of such notification, or sooner to address an unsafe condition. Failure to notify and/or remove the obsolete or unused tower in accordance with these regulations shall be a violation of this section, and the cost of removing the wind-energy-deriving towers and accessory structures shall be placed as a lien on the property owner's tax bill.

Public hearings. No action shall be taken by the Planning Board to issue a special use permit or concept site plan approval nor the Zoning Board of Appeals to grant use and area variances until after public notice and hearing. Proper notice of a hearing before a board shall be given by legal notice published in the official newspaper of the Town of Williamson at least five days before the date set for a public hearing and written notice mailed to the applicant or his agent at the address given in the application to be considered. The applicant shall be responsible for notifying by certified mail all property owners of record within 300 feet of the outside perimeter or boundary line of property involved in the preliminary application of the time, date and place of such public hearing by mail at least 10 days prior to such hearing. Notice shall be deemed to have been given if mailed to the property owner at the tax billing address listed on the property records of the Town Assessor or at the property address. At least seven days prior to such hearing, the applicant shall file with the Board his/her affidavit verification of mailing such notice. Failure of property owners to receive such notice shall not be deemed a jurisdictional defect.

Enforcement; penalties for offenses.

Fees. Fees for applications and permits under this section shall be established by the resolution of the Williamson Town Board.

Validity, savings and severability.

Effective date. This section shall take effect immediately upon filing with the Secretary of State.

Every part of a required yard must be open to the sky, unobstructed, except for accessory buildings in a rear or side yard and except for the ordinary projection of open porches, balconies, steps, sills, belt courses, cornices and for ornamental features projecting not more than four inches.

Slope of yards.

Side yards.

Transition yard requirements.

Stripping of topsoil. No person, firm or corporation shall strip, excavate or otherwise remove topsoil for sale or for use other than on the premises from which the same shall be taken, except in connection with the construction or alteration of a building on such premises and excavation or grading incidental thereto.

Open excavations. Open excavations shall not be maintained, except for those excavations made for the erection of a building or structure for which a building permit has been issued.

Lot uses. There shall be but one principal use on any one lot. There shall be but one dwelling on any lot. In the MU-1 and MU-2 Districts, use of a second floor for residential purposes shall be deemed a permitted accessory use. A second floor may have apartments and/or offices.