Fur farm. A plot plan showing proposed facilities and improvements shall be provided. A permit shall be for a period of not more than 10 years, renewable within three years of expiration.

Industrialized poultry farm. A plot plan shall be provided showing all proposed facilities and improvements and plans for all buildings. Plans for disposing of manure shall be specified and shall be approved by the County Health Department. Permits shall be for a period not exceeding 12 years, renewable within three years of expiration. Poultry cages shall be suitably removed from all lot lines.

Pig farm. A site plan shall be required showing all improvements, areas which will be open to use by pigs and relationships with adjacent areas. Permits shall not be granted for a period longer than 12 years, but may be made renewable on expiration of not less than 2/3 of the grant period.

Dog kennel. A site plan shall be provided showing all proposed facilities and improvements and plans for all buildings and cages submitted. A report on the plan shall be requested from the Niagara County Society for the Prevention of Cruelty of Animals. All animals shall be confined to cages or structures a sufficient distance from any neighboring uses to prevent undue annoyance. Permits shall be for a period not exceeding 15 years, but may be made renewable on the expiration of 2/3 of the grant period.

Veterinary clinic. A site plan shall be required showing all proposed improvements and their relationship to surrounding lands.

Day camp for minors. A plot plan showing all proposed facilities and improvements shall be provided. The maximum number of children that may be accommodated at one time shall be limited in relation to the area and facilities available. The permit shall be for a period of not more than 20 years, renewable within five years of expiration.

Overnight camp for minors. A site plan shall be required, which shall show forest areas and all proposed facilities and improvements. The site shall contain suitable timber or topography to give adequate privacy. The boundaries shall be fenced and activities confined to the campgrounds or suitable public lands. Any use by other than the owner should be specified and approved. Measures shall be taken to suitably protect adjoining properties. A permit shall be granted for not more than 20 years, but may be made renewable on expiration of 2/3 of the grant period.

Animal sales' lots/storage barns. These facilities, approved by the appropriate federal and state agencies, may be located in the Rural Residential District or Heavy Industrial District on any lot of more than five acres. A sufficient greenbelt and visual screen shall also be required. A plot plan shall have all proposed improvements and areas to be used for the storage of manure and the keeping of animals plainly indicated. Conditions shall be established to keep the area from inhibiting industrial development on nearby land.

Excavating, grading, stripping and filling operations. These operations, approved by appropriate federal and state agencies, may be located in any district, subject to the following conditions:

Trailer/tent campground. The entire area shall be fenced and activities confined to the grounds. Campsites and activity areas shall be suitably removed from project boundaries. Driveways shall be designed for safety and privacy of the campsites. Permits shall not be granted for a period of more than 20 years, but shall be renewable after the expiration of 2/3 of the specified period.

Noncommercial wind energy systems. Noncommercial wind energy systems are allowable subject those requirements contained in § 127-36.2 of the Town Code and in accordance with § 127-46.

Exotic animals. These operations, if previously approved by appropriate federal and state agencies, may be located in Semirural Residential 100, Semirural Residential 150, and Rural Residential 200 Districts, subject to the following conditions:

Day-care center/nursery. A plot plan showing all proposed facilities and improvements shall be provided. The maximum number of children that may be accommodated at one time shall be limited in relation to the area of facilities available.

Animal rescue facility. A facility housing rescued domestic animals (dogs and cats) may be allowed subject to approval of a site plan and compliance with all components of this subsection. Animal rescue facilities shall be further subject to the following regulations:

Short-term rentals. Short-term rental properties as defined and further regulated by § 127-37.2.

Roadside stands. A structure for the sale of fruits and vegetables and related products is permitted in the Rural Residential, Semirural Residential, Rural Highway Commercial or Semirural Highway Commercial District, subject to the following conditions and those stated in the temporary permit:

Commercial or livery stable. Permits shall not be granted for a period of longer than 20 years, but may be made renewable on expiration of not less than 2/3 of the grant period. A site plan shall be required showing all proposed improvements and relationship to the adjacent area.

Private club or group facilities. A site plan shall be provided showing all proposed improvements and their relationship to adjacent development. Areas to be used for intensive outdoor activity (sports, picnicking, etc.) shall be indicated. The extent to which such facilities may be rented to other groups shall be specified. Permits shall not be granted for a period of longer than 20 years, but may be made renewable on expiration of 1/2 of the grant period.

Gun club or other private recreation activity involving the use of firearms. A site plan shall be required showing all proposed improvements and their relationship to adjacent development. Areas used for intensive outdoor activities, especially involving firearms, shall be delineated, and adequate measures for safety and noise control shall be specified. The extent to which such facilities can be rented to other groups shall be specified. Permits shall not be granted for a period of more than 12 years, but may be made renewable on expiration of 2/3 of the grant period.

Golf course. A site plan shall be required showing all proposed improvements. The character of the use of the property shall be clearly specified, including any rent of the facilities for use by other groups. The character of any food service shall be specified.

Continuance, on a nonpermanent basis, of a mobile home court in existence at the time of adoption of this chapter. A site plan shall be required, unless one has previously been approved and is on file with the Board of Appeals, and shall show all improvements, mobile home stands, etc. Provisions shall be made that any new mobile home brought into the court shall be inspected for adequacy by the Zoning/Code Enforcement Officer and that all homes remaining in the court shall be inspected not less than once a year. Provisions shall be made that any mobile homes found to be structurally deteriorating or in need of major repairs in such inspection shall be removed from the park. Provisions shall be made for the annual inspection of mobile home court sanitary systems without cost to the Town for the correction of any inadequacies. Suitable provisions shall be made that the court be kept in a neat and sanitary condition and that a thorough cleanup of the site follows the removal of any mobile home. The number of units permitted in a mobile home court may not be increased over that originally granted, but may be decreased at the time of permit renewal if found unsatisfactory by the Board. The Board may, at any time, permit rearrangement of mobile homes on the site by approving an amended site plan but, in so doing, shall be guided by the most recent standards or recommendations for mobile home courts as published by the Federal Housing Agency. Permits may not be granted for a period in excess of nine years, but may be made renewable on expiration of not less than 1/2 the stipulated period.

Utility facilities. Utility transmission and distribution lines approved by appropriate federal or state agencies may be located in any district and shall be installed under or above the ground in an approved fashion. A site plan and construction plan of the installation shall be required, along with a landscaping plan prepared by a licensed landscape architect. The application for a permit shall state any proposed and permitted storage of material at the site.

Radio/television/communication facilities. Radio and television transmission receiving antennas and facilities, but not studios or business offices may be located in any district, except in Semirural Highway Commercial, Waterfront Commercial or Park Land Districts, on any lot of more than 50 acres, if all structures are located at a distance not less than their height from all property lines. All distribution and/or transmission lines shall be subject to standard installation requirements.

Hospital. A hospital or health-care center or clinic approved by appropriate federal or state agencies may be located in the following districts on any lot of more than 10 acres: Rural Residential, Semirural Residential or Urban Residential. A sufficient greenbelt shall also be required.

Junkyards. A junkyard may be located in the Heavy Industrial District on any lot of more than five acres. A sufficient greenbelt shall be required with visual screen or buffer enclosing the lot. Industrial-type operations are permitted, if approved by appropriate federal or state agencies, to process, treat, restore or recycle material for resale. Service shall be allowed on-premises, and sale shall only be of material handled on-site. A site plan shall be required showing all proposed improvements and any exterior areas to be used for the dismantling of vehicles, the storage of car parts or other junk. No burning shall be permitted, other than on a short-term permit. All operations shall be enclosed with a suitable opaque fence, approved as to type, height and construction by the Board of Appeals. Material shall not be stacked inside the fence so as to be visible from any road.

Petroleum and fuel storage. These facilities, approved by appropriate federal and state agencies, may be located in Heavy Industrial or Light Industrial Districts on any lot of more than 200,000 square feet. A sufficient greenbelt and visual screen shall also be required. Site plans shall be required, showing all proposed improvements. Advice shall be sought from appropriate state agencies.

Adult book, video or entertainment store or facility. A site plan shall be provided, showing all proposed improvements and their relationship to adjacent development. Adequate off-street parking shall be provided. A single sign will be allowed, no greater than a maximum of six square feet. There shall be no flashing lighted signs. The store or facility shall not be located within one mile of any educational, recreational building, boys or girls club, or any church, synagogue or place of worship building or facility. No person under the age of 18 shall be permitted to enter the premises. The initial permit will be limited for a period of one year. Any subsequent renewal shall be upon application and may be granted for a period not to exceed 12 years.

Engineering report. A complete, concise and accurate engineering report detailing the existing site conditions, including subsurface information, proposed site layout, sanitary and health facilities, storm drainage facilities, water supply, power systems and safety facilities.

Construction plans and report. A complete, concise and accurate set of construction plans showing all construction details, with a report describing all construction standards, regulations and guidelines to be followed and/or implemented, including a schedule of implementation.

Operations report. A complete, concise and accurate operations report detailing any and all physical and chemical operations, short of giving trade secrets, to take place at the facilities. The operation plan shall include any and all health, safety and environmental emergency procedures to be implemented as necessary.

Statement of proposed action. A complete, concise and accurate statement of the proposed action in compliance with the State Environmental Quality Review Act (Article 8 of the Environmental Conservation Law and Part 617 of Title 6 of the New York Codes, Rules and Regulations).

The public health, safety or general welfare is deemed not to be adversely affected.

The special use being permitted is appropriate to a particular site plan.

Any other act or circumstance the Town Board determines to be appropriate in considering the waiver and in the best interest of the Town of Wilson and its residents.

A mobile home may be permitted during dwelling construction for the temporary use by the lot owner during the course of and in connection with the construction of a dwelling on the lot, such location to be for a period of not more than 12 months. Construction of the permanent dwelling must be commenced within six months after the issuance of the special permit, and such special permit may only be renewed for one period of six months.

The mobile home shall be in adequate internal and external condition, as determined by the Town Zoning/Code Enforcement Officer, and shall have adequate potable water supply and sanitary facilities. A building permit shall have been issued for the related permanent dwelling and adequate financing of construction ensured. If the mobile home is not removed at the expiration of the permit period, the Town may have the mobile home removed and stored, if necessary, and have the site cleared, and all charges for expenses incurred by the Town for such removal and clearance shall be added to the next-assessed Town taxes against the premises and shall be a legal charge thereon. Such permits shall only be renewable in case of unusual difficulty, and then only once. The total period of occupancy shall in no instance be permitted to exceed 18 months.

Emergency placement of a mobile home by order of the Town for occupancy by the owner during home reconstruction must follow applicable regulations. No fees shall be required for this emergency placement.

When permitted. Any such pool shall be used only as an accessory use to a dwelling or a special permit use for the private use of the owner or occupant of such dwelling or building and his or her family, guests or employees.

Safety measures. Any such pool shall be completely enclosed by a security fence not less than four feet in height, of a type approved by the Zoning/Code Enforcement Officer, with all gates or doors opening through such enclosure equipped with self-closed and self-latching devices designed to keep and capable of keeping such gates or doors securely closed at all times when not in actual use. Any pool with sides extending more than four feet above grade may alternately be equipped with folding or removable steps or other means of denying access to small children as may be approved by the Zoning/Code Enforcement Officer.

Water quality. Such pool shall be maintained in a manner sufficient to meet the bacterial standards established by the provisions of the New York State Sanitary Code[1] relating to public swimming pools.

Filters. Such pool shall be equipped with an integral filtration system and filter pumps or other mechanical devices which shall be so located and constructed as not to interfere with the peace, comfort and repose of the occupant of any neighboring property.

Drainage. A request for installation of a pool shall be accompanied by a statement of the proposed method of draining the pool, indicating to the satisfaction of the Zoning/Code Enforcement Officer that such drainage will not interfere with the enjoyment of neighboring properties.

Corrective measures. The Zoning/Code Enforcement Officer shall order the immediate correction of any situation which does not meet the requirements or intent of this section or for which he receives a written complaint from the County Health Department and shall, when considered necessary, require any pool to be immediately drained.

Setback. All swimming pools must be set back from property lines such distances as are equal and conform to the building setbacks as required for the district in which they are located.

Requirements.

Proximity to adjacent structures. Fences shall be located such that district-regulated side yard setbacks are provided between the fence and other structures on subject property or adjacent properties. For purposes of this section, setback shall be measured between the structure and the fence, and the good side of the fence shall be facing the neighbor.

Temporary fence. A temporary fence shall not restrict sight distance for the traveling public or create a hazardous condition. There is no building permit required for a temporary fence. The utilization of temporary fencing is limited to the following purposes:

Residential lots. Storage of a boat, boat and trailer, camp trailer or cargo trailer owned for personal use by a resident of the premises is permitted, provided that proper yard requirements are met.

Commercial and industrial lots. Storage of materials, products and waste associated with the operations of the premises is permitted, provided that proper yard requirements are met and storage is indoors in buildings meeting requirements for location.

Architect, attorney, accountant, engineer, doctor, dentist, physician, surveyor, lawyer, journalist, reporter, broker.

Tutor, music/art/dance instructor, artist, photographer, sculptor.

Real estate sales, insurance sales.

Hairdresser, barber, beauty salon.

Elected public official as permitted by the Town.

Dressmaker, tailor, shoe repair, sewing.

Home baking, cooking, food preparation and resale.

Bait and tackle shop, gun repair shop.

Bicycle repair, small appliance repair, carpenter, plumber.

Antique, gift, hobby and craft shop.

Contractor, remodeler, builder's office.

Florist, nursery.

Restoration shop for classic or custom vehicles, including boats, as well as canvas, upholstery, body and finishing.

Coating, or re-coating processes, including painting, restoration, coating materials such as wood, metals and glass for art, or commercial uses and sales.

Internet sales from home such as auction or resale sites.

Bed-and-breakfast.

Day-care/babysitting services.

The use may be carried out within a dwelling or in a detached building by a resident thereof, except in the case of a bed-and-breakfast, the use must be carried out in a private residence which is owner occupied.

Not more than 25% of the total floor area, and in no event more than 500 square feet of the total floor area, shall be utilized for a dwelling structure, except for bed-and-breakfast establishments, and not more than 600 square feet of area shall be utilized for a nondwelling accessory structure.

There shall be no exterior display or indication of the use other than specifically permitted signs.

An inventory of goods produced off the premises may be maintained for sale on the premises.

There may be incidental services provided by not more than one nonresident person.

Not more than one vehicle of less than one ton capacity may be utilized in connection with the activity.

Adequate parking must be provided on the premises.

All lodging/services must provide smoke detectors in all rental rooms and fire extinguishers with a minimum rating of 2A10BC in the hallways.

All bed-and-breakfast establishments for three to nine guests shall comply with the requirements of the County Health Department.

Such parcel has an area of at least 75% of the area required and a lot width of at least 75% of the lot width required.[2]

Fully adequate provisions for water supply and sewerage to meet the requirements of the use can be made.

No building containing dwelling units shall henceforth be constructed or moved onto a lot nor shall any existing building be altered to contain any dwelling unit, unless the surface grade of the front yard at the front wall of the building is more than one foot, as an absolute minimum, above the center line of the road at a point at right angles thereto; however, the grade limitations as hereinbefore set forth in this chapter shall be used in all cases whenever such design is practical in the judgment of the Zoning/Code Enforcement Officer.

Where the Zoning/Code Enforcement Officer shall judge either such relationship to be impracticable, they may require that the land surface falls away on all sides of the structure to a level more than 10 inches lower than the level at the structure wall and at a grade of not less than one foot in 100 feet.

Topographic maps shall be required by the Zoning/Code Enforcement Officer whenever it is necessary to properly and adequately determine drainage requirements.

Residential buildings. The maximum height for residential buildings shall be 28 feet.

Other buildings. The maximum height for other buildings shall be 35 feet, except in the Waterfront Commercial District where boat-related use buildings shall have a maximum height of 50 feet and in the industrial districts where other buildings shall have a maximum height of 50 feet.

Structures. The maximum height for structures shall be 50 feet, except in the industrial districts where the maximum height shall be 80 feet.

To require installation of off-street parking in sufficient quantity to meet the normal needs of all uses in all districts.

In requiring and regulating the development and maintenance of parking areas, to provide measures to protect the safety of pedestrians on the sidewalks and traffic in the streets and the quiet enjoyment of other uses, particularly residential uses, in close proximity to the parking areas and to preserve and enhance the attractiveness of the Town.

When required. Permanent off-street automobile parking space shall be provided, as specified hereinafter, at the time of erecting any structure; at the time any structure is enlarged or increased in capacity by adding dwelling or rooming units, seats, floor area or other elements on which parking requirements are based; or before conversion from one zoning use or occupancy to another.

Parking units required. For every building or structure hereafter erected or altered or use hereafter established, there shall be provided off-street parking as set forth in this section. The number of units required shall be as follows:

Turnaround required. Except for single-family dwellings on local streets, all parking facilities shall have suitable turnaround area so that there will normally be no need for motorists to back onto the highway.

Location as related to use. All required parking space provided pursuant to this section shall be on the same lot with the related use.

The required parking space for any number of separate uses may be combined in one lot, but the required space assigned to one use may not be assigned to another use at the same time, except that 1/2 of the parking space required for churches, theaters or assembly halls whose peak attendance will be at night or on Sunday may be assigned to a use which will normally be closed at night and on Sunday, as determined by the Zoning/Code Enforcement Officer.

As a principal use, parking is permitted only where expressly stated.

As an accessory use, parking units in excess of those required may be installed for the use of occupants, patrons or visitors of a permitted use, subject to compliance with all other provisions of this chapter, but not in any residential district in excess of twice the required space.

In any residential district, passenger vehicles may be parked in the front yard or side yard when in an access driveway, but such area shall not be considered a parking unit, as required herein, for more than one car.

In industrial districts. In any industrial district, any yard space not in a required greenbelt may be used for parking if effectively separated from the greenbelt by a wheel stop or bumper stop.

Parking of trucks of more than 12,000 pounds gross vehicle weight rating (GVWR) and not more than 20 feet in overall length is not permitted on residential lots.

Temporary school bus parking for buses used to transport students enrolled in the Wilson Central School District will be permitted on any lot in any district, provided that parking area and location requirements are met.

Parking, as permitted herein, shall be permitted as an accessory use for the type of vehicle(s) associated with the principal use.

Plan required. A plan shall be submitted with the application for a building or use permit in accordance with § 127-32, and all installations shall be made and maintained in accordance with such plan.

Access drives to parking lots with more than 10 units.

Require the installation of off-street loading areas sufficient to meet the normal needs of uses regularly attracting truck traffic.

Permit a truck loading area in excess of that required where consistent with other purposes of the chapter.

Require, in connection with the installation of such off-street loading, measures necessary to protect the safety of pedestrian and vehicular traffic and to preserve the quiet enjoyment of other uses, particularly residential uses, in the immediate area and to preserve the attractiveness of the Town.

When required. Permanent off-street loading space, in accordance with the requirements hereinafter stated, shall be provided for all uses regularly involving the receipt or distribution of merchandise or material as specified hereinafter at the time of erection or enlarging any structure or, in the case of the use of land not involving a structure, at the time of occupancy or enlargement of such use.

Off-street loading units required. Off-street loading units shall be provided as follows:

A parking area for more than 10 vehicles.

An off-street loading area with more than one truck space.

An automobile access area at a gasoline station and other drive-in uses.

An out-of-doors display area for vehicles equipped to operate on the public highways.

Major drainage features (culverts, bridges, streams, ditches, etc.). A topographic map shall be required by the Zoning Administrator where necessary to determine drainage requirements.

Lot lines.

Street pavement, curbs, drainage inlets, utility poles and fire hydrants.

Paved areas.

Location and type of traffic barriers.

Structures.

Layout of parking units and loading units.

Landscaping.

Driveway location standards.

Parking and maneuvering area standards.

Standards for improvement.

For a single-family dwelling: not less than 800 square feet of floor area usable for living purposes and 300 square feet of floor area usable for storage.

For a two-family dwelling: One of the dwelling units shall meet the floor area standards for a single-family dwelling, and the other shall have not less than 600 square feet of floor area available for dwelling space and not less than 200 square feet of floor area usable for storage.

For a multifamily dwelling or dwelling group: No dwelling units shall contain less than 500 square feet of floor area usable for living purposes, and there shall be not less than an average of 200 square feet of floor area available for storage or communal activities per dwelling unit.

Introduction and purpose.

Definitions. As used in this section, the following terms shall have the meanings indicated, unless the context or subject matter requires otherwise.

Applicability.

Permits and approvals required.

Applications for solar energy systems.

General provisions.

Design standards.

Abandonment or decommissioning.

Transfer of special use permit.

Maintenance, procedure and fees.

Introduction and purpose.

Definitions. As used in this section, the following terms shall have the meanings indicated, unless the context or subject matter requires otherwise.

Applicability.

Permits and approvals required.

More restrictive provisions to prevail.

General provisions.

Enforcement. Any violation of this section shall be subject to the same civil and criminal penalties provided for in the Wilson Town Code, including Article XIII, Zoning/Code Enforcement, any additional applicable zoning regulations, and/or the laws of the State of New York.

Definitions. As used in this section, the following terms have the meanings indicated:

Eligibility.

Height, setback and other requirements. Special use permits issued for a noncommercial wind energy conversion system shall be subject to the following height and setback conditions:

Site plan requirement and contents.

Additional requirements. The Planning Board and Zoning Board reserve the right to require any further information it finds necessary to review the application, including, but not limited to, a geotechnical report, noise report, decommissioning plan, shadow flicker study, surrounding land use study, a bird migration study, and a periodic inspection plan with checklist.

Authority. The Town Board of the Town of Wilson enacts this section under the authority granted by:

Findings. The Town Board of the Town of Wilson makes the following findings:

Definitions. As used in this section, the following definitions apply. If any definition herein conflicts with a definition found elsewhere in the Town Code, the definitions set forth here apply. If not defined in this section, the definitions as set forth in § 127-5 shall apply. As used in this section, the following terms shall have the meanings indicated:

Applicability; severability.

Application for wind energy conversion systems.

Application review process.

Standards for commercial/industrial WECS. The following restrictions on location, standards and conditions shall apply to all commercial/industrial WECS. Applications must demonstrate compliance with these standards.

Decommissioning.

Limitations on approvals; easements on Town property.

Permit enforcement revocation.

Fees.

Project management and oversight.

Enforcement; penalties for offenses; remedies for violations.

Miscellaneous.

Penalties for offenses.

To provide a regulatory scheme for the designation of properties suitable for the location, construction and operation of battery energy storage systems;

To ensure compatible land uses in the vicinity of the areas affected by battery energy storage systems;

To mitigate the impacts of battery energy storage systems on environmental resources such as important agricultural lands, forests, wildlife and other protected resources; and

To create synergy between battery energy storage system development and the Town of Wilson Comprehensive Plan.

The requirements of this section shall apply to all battery energy storage systems permitted, installed, or modified in the Town of Wilson after the effective date of this section, excluding general maintenance and repair.

Battery energy storage systems constructed or installed prior to the effective date of this section shall not be required to meet the requirements of this section.

Modifications to, retrofits or replacements of an existing battery energy storage system that increase the total battery energy storage system designed discharge duration or power rating shall be subject to this section.

A building permit and an electrical permit shall be required for installation of all battery energy storage systems.

Issuance of permits and approvals by the Zoning Board of Appeals shall include review pursuant to the State Environmental Quality Review Act ECL Article 8 and its implementing regulations at 6 NYCRR Part 617 (SEQRA).

All battery energy storage systems, all dedicated-use buildings, and all other buildings or structures that:

Applications for the installation of Tier 2 battery energy storage system shall be:

Utility lines and electrical circuitry. All on-site utility lines shall be placed underground to the extent feasible and as permitted by the serving utility, with the exception of the main service connection at the utility company right-of-way and any new interconnection equipment, including, without limitation, any poles, with new easements and right-of-way.

Signage.

Lighting. Lighting of the battery energy storage systems shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties.

Vegetation and tree cutting. Areas within 20 feet on each side of Tier 2 battery energy storage systems shall be cleared of combustible vegetation and other combustible growth. Single specimens of trees, shrubbery, or cultivated ground cover such as green grass, ivy, succulents, or similar plants used as ground covers shall be permitted to be exempt provided that they do not form a means of readily transmitting fire. Removal of trees should be minimized to the extent possible.

Noise. The one-hour average noise generated from the battery energy storage systems, components, and associated ancillary equipment shall not exceed a noise level of 60 dBA as measured at the outside wall of any non-participating residence or occupied community building. Applicants may submit equipment and component manufacturers' noise ratings to demonstrate compliance. The applicant may be required to provide operating sound pressure level measurements from a reasonable number of sampled locations at the perimeter of the battery energy storage system to demonstrate compliance with this standard.

Decommissioning.

Site plan application. For a Tier 2 battery energy storage system requiring a special use permit, site plan approval shall be required. Any site plan application shall include the following information:

System certification. Battery energy storage systems and equipment shall be listed by a nationally recognized testing laboratory to UL 9540 (standard for battery energy storage systems and equipment) with subcomponents meeting each of the following standards as applicable:

Site access. Battery energy storage systems shall be maintained in good working order and in accordance with industry standards. Site access shall be maintained, including snow removal at a level acceptable to the local fire department and, if the Tier 2 battery energy storage system is located in an ambulance district, the local ambulance corps.

Battery energy storage systems, components, and associated ancillary equipment shall have required working space clearances, and electrical circuitry shall be within weatherproof enclosures marked with the environmental rating suitable for the type of exposure in compliance with NFPA 70.

The special use permit and site plan approval for a battery energy storage system shall be valid for a period of 24 months, provided that a building permit is issued for construction and construction is commenced. In the event construction is not completed in accordance with the final site plan, as may have been amended and approved, as required by the Zoning Board of Appeals, within 24 months after approval, the Town may extend the time to complete construction for 180 days. If the owner and/or operator fails to perform substantial construction after 30 months, the approvals shall expire.

The battery energy storage system shall be considered abandoned when it ceases to operate consistently for six months or more. If the owner and/or operator fails to comply with decommissioning upon any abandonment, the Town of Wilson may, at its discretion, enter the property and utilize the available bond and/or security for the removal of a Tier 2 battery energy storage system and restoration of the site in accordance with the decommissioning plan.

Signs as an accessory use only. Signs are permitted as an accessory use only, not as a principal use.

Rules of measuring signs:

Certain signs and lighting prohibited. The use of moving signs or devices, self-illuminated signs (other than those with bulbs concealed behind translucent glass, plastic or similar material) and the use of flashing or intermittent lighting in connection with the signs shall not be permitted. Floodlights for the illumination of signs shall be so located and/or shielded so as not to interfere with the enjoyment of residential uses or to detract from the safety of motorists. Signs which, in the opinion of the Zoning/Code Enforcement Officer, are so similar to standard traffic signs as to cause confusion shall not be permitted.

Location.

Height. No sign shall exceed 25 feet in height or extend above the facade of a building to which it is attached.

Signs on vehicles. Vehicles bearing signs more than six square feet in area shall not be permitted to park, as a customary operation, in a residential district so as to be visible from a street.

One bulletin board, not exceeding 20 square feet in area, for a church or other institutional use may be located in a required yard, but not closer than 15 feet to any street line.

Continuation of a previously existing business sign as a nonconforming sign in connection with a nonconforming use, but only in accordance with § 127-41.

One farm products sign in each direction of approach to a stand or farmhouse selling farm products and one at the stand, each sign not exceeding six square feet in area.

One home occupation sign not exceeding three square feet in area.

Identification signs.

Real estate signs: one real estate sign not exceeding one square foot in area for each 20 linear feet of frontage or 10 square feet, whichever is lesser, on each street frontage when relating to the rent, lease or sale of the lot or buildings thereon. For a subdivision of land, one sign not exceeding 25 square feet may be permitted on each street frontage of the land being subdivided.

Special event signs: signs not exceeding 50 square feet in combined area on the premises of a special event as provided in § 127-24C.

Traffic information sign: one traffic information sign, not over three square feet in area or over three feet in height, at a driveway entrance or point of divergence of driveways.

Signs as permitted in residential districts.

Business signs or identification signs not exceeding one square foot in area for every two linear feet of street frontage occupied, but not exceeding 60 square feet for any such sign when parallel to and flat against the facade of a building, and one freestanding business or identification sign not exceeding 15 square feet in area per street frontage.

Signs as permitted in residential districts, except that two times the sign area permitted in a residential district shall be permitted.

Business or identification signs as permitted in a neighborhood commercial district, except that the area of individual signs may be two times as large as in neighborhood commercial districts.

Title. This section shall be known and cited as the "Town of Wilson, New York, Mobile Home Park Ordinance."

Purpose. It is the purpose of this chapter to promote the health, safety, comfort, convenience and the general welfare of the community and to protect and preserve the property of the Town of Wilson and its inhabitants by regulating mobile home parks in the Town of Wilson, New York.

Definitions. As used in this section, the following terms shall have the meanings indicated:

Preliminary application; fee. A preliminary application for a permit must be obtained from and filed with the Zoning/Code Enforcement Officer. A nonrefundable filing fee in an amount set by resolution of the Town Board will be retained by said Zoning/Code Enforcement Officer.

Contents of application; filing.

Planning Board action.

Supplemental permits.

Restrictions. No mobile home park shall be located or maintained in any district of the Town of Wilson, except in the UR 80, and as an extension of an existing mobile home park in the RR200 District as defined and established by the Zoning Ordinance of the Town of Wilson, as it may from time to time be amended. Both zones require a special use permit per § 127-23, Special uses.

Park site.

Mobile home lots. Every lot shall meet the following minimum requirements:

Accessory and service buildings.

Mobile home stands.

Skirts. Each mobile home owner shall be required to enclose the bottom portion of the mobile home with either a metal or wood skirt or other material, properly ventilated, within 60 days after arrival in park.

Concrete slab. Each mobile home lot shall be provided with one concrete slab for carport or patio use, the size of such slab to be not less than 10 feet by 20 feet. Such slab shall not be required until after the mobile home is in place.

Parking areas.

Sidewalks. Sidewalks will not be required, but if constructed must meet the approval of the Highway Superintendent.

Landscaping.

Fire protection. Suitable fire apparatus and/or communication with the local Fire Department shall be provided.

Park communication systems. Public-address systems are prohibited. Intracommunication systems, if used, shall not be audible beyond park boundaries.

Accessibility. Where a mobile home park has more than 20 mobile homes, two points of entry and exit shall be provided.

Internal streets.

Utility easements.

Water. The mobile home park shall be connected to the public water facility unless the Town Board deems otherwise, and a water line shall be provided for each mobile home lot.

Sewage.

Garbage and refuse disposal. The mobile home park shall provide sanitary equipment to prevent littering of the grounds and premises with rubbish, garbage or refuse. Each mobile home shall have containers with tightly fitting covers. Regular disposal shall be provided for all rubbish, trash and garbage.

General requirements. The park shall contain an electrical wiring system consisting of wiring fixtures, equipment and appurtenances which shall be installed and maintained in accordance with local electric power company's specifications and regulations. All wiring fixtures and connections must have the New York State Underwriters' approval.

Specific requirements.

Fuel oil.

Natural gas.

Liquefied gas.

Requirements.

Issuance of license; fee. After such time that all rules, regulations, codes and provisions of the Zoning Ordinance have been met, the Town Zoning/Code Enforcement Officer of Wilson, New York, will issue a license for the operation and maintenance of a mobile home park. Said applicant will file a licensing fee in an amount set by resolution of the Town Board. Said license is for a twelve-month period from the date of issue.

License renewal. Approval of the license renewal shall be automatic upon a demonstration that the design and maintenance of the park is in accordance with the requirements at the time of initial approval. The renewal fee shall be in an amount set by resolution of the Town Board.

Transfer of license. The license is transferable upon written notification and approval of the Town Board. The transfer fee shall be in an amount set by resolution of the Town Board.

Inspection. Any member of the Town Board, Zoning/Code Enforcement Officer or its designated health authority may inspect the mobile home park at reasonable intervals and at reasonable times to determine compliance with this chapter.

Appeal. Failure of the Zoning/Code Enforcement Officer to grant or renew a license shall be subject to appeal, as set forth in New York State law.

Duties of management; occupancy permit.

Prevalence of higher standards.

In a case where a provision of this chapter is found to be in conflict with a provision of a zoning, building, electrical, plumbing, fire safety, health, water supply or sewage disposal law or ordinance or regulation adopted pursuant thereto, or other local law, ordinance, code or regulation, the provisions or requirement of which is more restrictive or which establishes a higher standard shall prevail.

Inspections; revocation or suspension of permit; penalties for offenses.

The presence of the following shall create a presumption that all or a part of the property is being used as a short-term rental:

The foregoing presumptions may be rebutted by evidence presented to the Zoning/Code Enforcement Officer that the premises is not operated as a short-term rental.

Owners shall not use their property as a short-term rental without obtaining a revocable short-term rental permit.

A short-term rental permit shall be valid for one year and must be renewed 30 days prior to expiration of current permit if the premises is to continue to operate as a short-term rental.

The short-term rental permit is not transferable to a new owner. The new owner of the premises subject to an existing short-term rental permit must file a new permit application in order to continue short-term rental use.

Notwithstanding the foregoing, those properties with short-term rental commitments existing on the date this section takes effect shall be permitted to honor such existing commitments and continue to make commitments for short-term rentals, but must apply for a permit within 60 days of this section's effective date for all future short-term rental commitments. In the event such application is denied, all commitments shall be canceled.

Applications for a short-term rental permit may be obtained from the Town of Wilson Zoning/Code Enforcement Officer. Short-term rental permit applications shall be submitted to the Zoning/Code Enforcement Officer, accompanied by payment of a nonrefundable permit fee to be determined from time to time by resolution of the Town Board. The application shall include the following.

All completed applications are subject to a floor plan review and approval by the Zoning/Code Enforcement Officer.

Owners wishing to apply for a variance relating to sleeping capacity, parking capacity or other standards stated in this section must seek a variance from the Zoning Board of Appeals. Variance applications will be reviewed by the Zoning Board of Appeals in accordance with § 127-45 of Wilson Town Code and applicable New York State statutes regarding the issuance of a variance.

Property requirements.

Insurance standards. All applicants and permit holders must provide evidence of property insurance and a certificate of liability insurance indicating the premises is rated as a short-term rental and maintain such insurance throughout the term of the short-term rental permit. Minimum general liability coverage for any short-term rental property shall be $1,000,000.

Provisions shall be made for weekly garbage removal during rental periods in conformance with Town of Wilson standard agreement for residential properties. Garbage containers shall be secured with tight-fitting covers at all times to prevent leakage, spilling or odors, and placed where they are not clearly visible from the road except at approximate pickup time. Containers shall be replaced in the approved storage area within 24 hours of the collection time. Garbage generated in excess of the Town's standard shall be removed from the property by the owner or the renter.

Rental contract. All applicants and permit holders must have a rental contract, which includes the following:

Applicant inquiry with the Wilson Zoning/Code Enforcement Officer to obtain requirements checklist, copy of this section of the Town Code and application.

Short-term applications shall be filed with the Zoning/Code Enforcement Officer with all supporting documentation and nonrefundable permit fee. Only completed applications will be accepted by the Zoning/Code Enforcement Officer. The Zoning/Code Enforcement Officer may decline to accept an application for consideration for any for any of the following reasons.

Upon receipt of a completed short-term rental permit application, adjacent property owners within a 200-foot radius of the short-term rental property will be notified of the application by the Town of Wilson.

Upon the Zoning/Code Enforcement Officer's acceptance of the completed permit application, the Zoning/Code Enforcement Officer shall have 30 days to conduct a property inspection to certify and approve that all short-term rental requirements have been met.

Upon successful property inspection by the Zoning/Code Enforcement Officer, the matter shall be brought to the Zoning Board of Appeals in accordance with § 127-46 for consideration of a special use permit.

Short-term rental permits are subject to continued compliance with the requirements of these regulations.

Violations of this section or of any short-term rental permit issued pursuant to this section shall be subject to enforcement and penalties prescribed in this section.

If the Zoning/Code Enforcement Officer either witnesses or receives a written or verbal complaint of an alleged violation of this section or of any short-term rental permit issued pursuant to this section, the Zoning/Code Enforcement Officer shall properly record such complaint and immediately investigate the report thereon. If the Zoning/Code Enforcement Officer determines there is a violation of this code, the owners shall be notified by any appropriate means necessary based on the severity of the violation. A hard copy of the violation shall be provided, in writing, by first-class mail and certified return receipt mail of said violations. In the event of any violation, the Zoning/Code Enforcement Officer may take any or all of the following actions:

Application for renewal of the short-term rental permit shall be made 30 days prior to expiration of current permit and requires payment of renewal fee.

At the time of application for renewal, the owner or designated agent must present the previous permit for short-term rental.

The property must have undergone an inspection performed by the Zoning/Code Enforcement Officer.

Any violations must be remedied prior to renewal of a permit for short-term rental.

If any of the above conditions are not met, an application must be submitted for a new permit.

Applicant has falsified or failed to provide information in the application for a permit or the application for permit renewal.

Applicant failed to meet or comply with any of the requirements of this section.

Owner or guests are in violation of any provision of the Code of the Town of Wilson.

Owner or guests have violated any provision of the Penal Code of the State of New York, when such violation occurred at, or is related to, the occupancy of the short-term rental.

Any conduct on the premises which disturbs the health, safety, peace or comfort of the neighborhood or which otherwise creates a public nuisance.

Removal or disrepair of any safety devices such as, but not limited to, smoke and carbon monoxide detectors, fire extinguishers and egresses.

Any incident occurring at the property that requires involvement of the state or local police.