[HISTORY: Adopted by the Town Board of the
Town of Tully 11-8-2006 by L.L. No. 2-2006. Amendments noted where
applicable.]
A new Chapter 280 of the Tully Code shall be known as the "Zoning Code of the Town of Tully," dated as of November 8, 2006.
A.
Pursuant to the authority conferred by Article XVI
of the Town Law of the State of New York, and for each and every purpose
specified in such article, the Town Board of the Town of Tully hereby
repeals all of its existing zoning and related local laws, ordinance,
resolutions, and amendments to them, and hereby enacts the following
comprehensive Zoning Code regulating the location and use of buildings,
structures and land for trade, commercial, residence, farming and
other purposes, however not to include subdivision review and/or approval
provisions unless and except as specifically provided herein.
B.
This chapter is adopted generally for the following
purposes:
(1)
To promote the health, safety and general welfare
of the community.
(2)
To reduce congestion on streets and highways and prevent
overcrowding of land.
(3)
To avoid undue concentration of population.
(4)
To facilitate the adequate provision of transportation,
water, sewage disposal, schools, parks and other services.
(5)
To consider and conserve the value of property.
(6)
To establish zones wherein regulations concerning
the use of land and structures, the density of development, the amount
of open space that must be maintained, the minimum size of yards,
the provision of parking, the control of lighting, signs and other
provisions will be set forth to encourage the most appropriate development
of the Town in accordance with the policies and objectives set forth
in the Town's Comprehensive Plan.
Except as provided in this chapter, no building
shall be erected, moved or altered, nor shall any building or land
be used for any purpose except as is specifically permitted in the
use district in which the building or land is located.
A.
Definitions in this section shall apply in the interpretation
of this chapter. Except as indicated below, words used in this chapter
shall have the meanings commonly attributed to them. Any doubts as
to the precise meaning of words or terms shall be determined by the
Board of Appeals.
B.
ACCESS
ACCESSORY STRUCTURE
ACCESSORY USE
ADULT RESIDENTIAL CARE FACILITY
ADULT USE
AGRICULTURAL USE
ALTERATION
ANTENNA
AREA LIGHT
BACKLOT
BASEMENT
BED-AND-BREAKFAST
BODY OF WATER
BUFFER STRIP
BUSINESS, MANUFACTURING
BUSINESS, RETAIL
BUSINESS, WHOLESALE
CABIN or COTTAGE
CEMETERY
CHURCH, PLACE OF WORSHIP
CLUSTER DEVELOPMENT
COMMERCIAL ANIMAL FACILITY
COMMUNITY CENTER
CONVALESCENT HOME
CONVENIENCE (MINI) MART
DAY-CARE FACILITY
DOCK
DRIVE-THROUGH
DWELLING, FACTORY-MANUFACTURED
DWELLING, MOBILE
DWELLING, MULTIPLE-FAMILY
DWELLING, SINGLE-FAMILY
DWELLING, TOWNHOUSE
DWELLING, TWO-FAMILY
DWELLING UNIT
DWELLING UNIT, ACCESSORY (ADU)
FAMILY
FLOODPLAIN
FLOOR AREA
FUNERAL HOME
GARAGE, SERVICE OR REPAIR
GARAGE, PRIVATE
GARBAGE
(1)
(a)
(b)
(2)
GLARE
GREENHOUSE, PLANT NURSERY
GROUP RESIDENCE
HISTORICAL LANDMARK
HOME OCCUPATION OR BUSINESS
INLAND LAKE
JUNK
KENNEL
KEYHOLE DEVELOPMENT
LIGHT POLLUTION
LIGHT TRESPASS
LOT
LOT ALTERATION
LOT AREA
LOT COVERAGE
LOT, DEPTH OF
LOT LINE, FRONT
LOT, FLAG
LUMINAIRE
MEDICAL CENTER
MINING
MINING, SALT
NONCONFORMING BUILDING
NONCONFORMING LOT
NONCONFORMING USE
NURSERY SCHOOL
OCCUPANCY SEASONAL
OPEN SPACE, NET
OFF-SITE PARKING FACILITY
OPEN SPACES, PUBLIC
PARKING COVENANT
PARKING SPACE
PLANNED DEVELOPMENT
PRIVATE CLUB
PUBLIC ASSEMBLY
PUBLIC RIGHT-OF-WAY
RELIGIOUS USE
RETIREMENT HOUSING
ROADSIDE STAND
SCHOOL
SCREENING DEVICE
SHORELINE
SHORELINE FRONTAGE
SHORELINE LOT
SHORELINE STRUCTURES
SIGN
SIGN, ILLUMINATED
SITE PLAN
SPECIAL AUTHORIZATION
SPECIAL CONDITIONS
STABLE, COMMERCIAL
STORY
SWIMMING POOL
STRUCTURE
STRUCTURE, HEIGHT OF
TELECOMMUNICATION TOWER
UTILITY STRUCTURE
VARIANCE
VARIANCE, AREA
VARIANCE, USE
WATER FRONTAGE, WIDTH
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONING ADMINISTRATOR
ZONING CODE
As used in this chapter, the following terms shall
have the meanings indicated:
As used in this local law,[1] the term access shall mean the rights to ingress and egress
to and from a shoreline lot, regardless of whether access to the shoreline
lot is gained by easement, ownership in fee, common or joint ownership,
lease, license, or any other means.
[Added 11-5-2020 by L.L.
No. 4-2020]
A building located on the same lot as a principal building
but clearly subordinate to the principal building and used for purposes
that are related but incidental to those of the principal building.
A use of land or a building or a portion thereof that is
customarily subordinate and incidental to the principal use of the
land or building and located on the same lot as the principal use.
Residential facilities for adults where minimal medical care
is provided on a twenty-four-hour basis for persons who are unable
to live independently. Such land use includes an adult-care facility
as defined in the New York State Social Services Law and which maintains
a valid operating permit from NYS or the Onondaga County Department
of Social Services. An adult residential care facility also includes
retirement homes and communities which provide residences for the
elderly with some supportive services. (See also "retirement community.")
As defined in Chapter 85, Adult Uses.
A parcel of land that is used in the raising of agricultural
products such as crops, livestock, poultry and dairy products and
meeting the minimum standards for farming operations as established
by the State Agriculture and Markets Law. A farm includes structures
necessary to the production, storage, maintenance and care of agricultural
products and equipment. A farm.
As applied to buildings or structures, a change or rearrangement
in the structural parts or in existing facilities, or an enlargement,
whether by extending on a side or by increasing in height, or moving
from one location to another.
A system of electrical conductors that transmits or receives
radio frequency waves. Such waves shall include but not be limited
to radio-navigation, radio, television, wireless and microwave communications.
The frequency of these waves generally range from 10 hertz to 300,000
megahertz.
Light that produces over 1,800 lumens including, but not
limited to, streetlights, parking lot lights and yard lights.
Any lot which does not abut the shoreline of an inland lake
or body of water and is contiguous with the shoreline lot. Lake access
is not allowed to backlots that are not contiguous with any shoreline
lot.
[Added 11-5-2020 by L.L.
No. 4-2020]
That habitable space of a building that is partly below grade
and has six feet or more of its height, on average, above the finished
grade around the building. (See also "story.")
An owner-occupied, one-unit dwelling within which overnight
accommodations are provided for transient guests in compliance with
the NYS Uniform Building Code, and generally including the serving
of breakfast to guests.
Any river, lake or pond located in the Town of Tully, including
but not limited to Song Lake, Tully Lake, Tracy Lake, Green Lake and/or
Crooked Lake and any other body of water which may be subject to shoreline
development.
[Added 11-5-2020 by L.L.
No. 4-2020]
A strip of land generally adjacent to a property line, on
which a screen of landscaping that will be dense enough and high enough
to be a visual buffer is installed and maintained by the property
owner.
A commercial activity characterized by the production of
goods, by the fabrication of raw materials or the assembly of parts,
generally through the use of machinery, for the main purpose of off-premises
sale to other manufacturers or nonretail purchasers.
A commercial activity characterized by the direct sale of
goods and services to the final consumer, including financial institutions,
business and professional offices and services, eating establishments
and places of amusement and recreation.
A commercial activity characterized by the bulk sale of merchandise
to retail, manufacturing, institutional or other wholesaling establishments,
including on-premises storage and distribution facilities.
A building designed for seasonal occupancy and not suitable
for year-around living, whether or not such building is actually occupied
seasonally or otherwise.
Land for the burial or interment of the dead and dedicated
for these purposes, including columbariums, crematories, mausoleums,
places of worship and other accessory structures situated within the
boundary of the cemetery.
A building or space for public worship and used by an organization
that is registered by the State of New York.
The subdivision of an area into lots that are smaller than
would normally be permitted in the district where such lots are located,
but where the density of development is no greater than would be permitted
in the district by conventional development, and where the residual
land produced by the smaller lot size is preserved as undeveloped
land or common recreation space.
A facility providing for the housing, care, treatment, breeding
and sale of dogs, cats and similar small animals. This definition
does not include commercial pet shops that do not have outside animal
runs or the keeping and occasional sale of pets, when incidental to
a residential use.
A facility under the direct supervision of a charitable,
religious, social service or similar organization designed primarily
to provide a meeting place for purposes of education, training, counseling,
recreation or similar pursuits, including social facilities incidental
to them but excluding private clubs, golf courses, schools or retail
businesses.
An extended or intermediate care facility licensed by the
State of New York to provide full-time convalescent or chronic care
to individuals who are not able to care for themselves. A skilled
nursing facility; a nursing home.
A small commercial activity that may offer for sale convenience
goods, beverages, sundries and motor fuel.
An activity providing for a program of daily care and supervision
of seven or more minors, such as nurseries, preschool programs and
day-care centers, but excluding a group residence.
A platform extending out from or near the shoreline into
the water.
[Added 11-5-2020 by L.L.
No. 4-2020]
A commercial establishment that permits customers to obtain
goods or services while remaining in their vehicles.[2]
A single-family dwelling that meets all applicable New York
State building codes and is constructed by a method of construction
whereby the basic structure or its components are wholly, or in substantial
part, manufactured in a remote facility. A factory-manufactured dwelling
does not have a hitch or wheels and is designed to be transported
by truck to a lot for assembly and permanent installation on a foundation.
For purposes of this chapter, a mobile dwelling as defined herein,
whether single-wide or double-wide is not a factory-manufactured dwelling.
A single-family dwelling transportable on its own chassis
and wheels, installed on its own wheels or on rigid supports and designed
to be towed from one site to another. For purposes of this chapter,
a HUD-approved double-wide manufactured home shall not be considered
a mobile home.
A structure containing three or more dwelling units and no
other principal uses.
A structure containing one dwelling unit and no other principal
uses.
A building containing a group of three or more attached single-family
dwelling units each of which extends from foundation to roof and has
one or two sidewalls in common with sidewalls of the abutting unit.
A structure containing two dwelling units and no other principal
uses.
An area within a structure intended and designed as a self-contained
unit for occupancy as a residence by not more than one family and
which has direct access from its exterior or through a common hall
or entrance, and which generally includes kitchen, bathroom, dining,
sleeping and related facilities required for human habitation.
A temporary or permanent habitable living unit added to, created within or detached from a single-family dwelling that provides basic requirements for living, sleeping, eating, cooking and sanitation, subject and pursuant to the provisions of § 280-9G of the Code.
[Added 5-15-2008 by L.L. No. 4-2008]
One or more persons living together as a single housekeeping
unit in the manner of persons related by blood, marriage or adoption.
An area of land so designated in any flood hazard regulations
of the Town.
The sum of the gross horizontal areas of all floors of a
structure measured from the center line of walls separating two structures.
An establishment with facilities for preparation of the dead
for burial or cremation, for the viewing of the body and for observances
held for a dead person incidental to burial or cremation.
A building, premises or portions thereof arranged, intended
or designed to be used for the sale of any type of vehicular motor
fuel and which may also include areas or structures for polishing,
greasing, washing, repairing, or otherwise servicing motor vehicles.
A junkyard or salvage yard is not to be construed as a service or
repair garage.
A carport or enclosed building generally provided for use
by the inhabitants of a residential building.
Discarded materials generated from the activities
of a household, business, institution, or public or quasi-public facility,
consisting of:
Food wastes, including but not limited to kitchen
and table scraps, decaying or spoiled vegetables, fruit and animal
matter.
Any other used or discarded waste materials,
such as paper, plastics, metal, rags, food wrappings and containers,
rubber, leather, cloth, waste materials from normal maintenance and
repair activities, pasteboard, crockery, dirt, ashes, wood, glass
and similar material.
Garbage does not include properly prepared and
stored recyclable materials and collectible yard waste, properly stored
and maintained composting materials, rubble, bulk items, industrial
waste, hazardous materials, automobile or other motor vehicle tires,
or any other material that a private hauler has determined would not
be picked up as part of a regular garbage collection service (See
also "junk.")
Intense light that results in distraction, discomfort and/or
a reduction of visual performance and visibility.
Any building or structure in which light, humidity and temperature
can be controlled for the growing and protection of flowers and other
plants.
A structure designed or used exclusively as a place of residence
or domicile by one or more persons, including required supervisory
personnel, in which the residential quarters are an integral component
of a recognized program of rehabilitation or custodial supervision
or care.
A structure or site so designated in any historical preservation
and protection regulations adopted by the Town of Tully.
A nonresidential activity that is carried on entirely within
a dwelling by one or more members of the family residing in the dwelling
and is clearly secondary to the use of the dwelling as a residence,
and which meets the performance standards set forth in this chapter.
Song Lake, Tully Lake, Tracy Lake, Green Lake and/or Crooked
Lake and any other body of water which may be subject to shoreline
development.
[Added 11-5-2020 by L.L.
No. 4-2020]
Any wastepaper, rags, scrap metal and other scrap, tires,
junked vehicles or parts therefrom, reclaimable materials or debris,
whether or not stored or used in conjunction with dismantling, processing,
salvage, storage, bailing, disposal or other use or disposition.
Any premises, including structures, cages and runs, wherein
are harbored more than four domestic animals that are at least four
months old and are not owned by the property owner or lessee, for
boarding, breeding, grooming, training, or selling.
The development or use of one or more backlots which includes
access to the shoreline of an inland lake or body of water through
one or more shoreline lots.
[Added 11-5-2020 by L.L.
No. 4-2020]
Any adverse effect of man-made light including, but not limited
to, light trespass and uplighting.
Light falling where it is not wanted or needed, generally
caused by a light on a property that shines or glares onto the property
of others.
An area contained within lot lines shown on a recorded subdivision
map or similar document or described in a deed recorded prior to the
adoption of any previous zoning or subdivision law.
Any change in the dimensions or orientation of lot lines
not resulting in or constituting subdivision or resubdivision.
A lot expressed in terms of square units of measure derived
by viewing the lot as a level surface.
The percentage of a lot covered by the ground level area
of a building, excluding terraces, decks and porches that are not
enclosed or covered by a roof.
The mean distance from the front lot line to its opposite
rear line measured along the approximate median between two side lines.
A lot line coincidental with the line of a street, sidewalk,
or other public right-of-way. Where such line is described as being
within the boundaries of a public right-of-way, the most interior
boundary of such right-of-way shall be construed to be the front lot
line. Where two public rights-of-way intersect, a lot line coinciding
with the boundary of either right-of-way may be used as the front
lot line for development purposes.
A lot that, at minimum, meets the area requirements of this
chapter and is connected to a public road right-of-way by a strip
of land at least 25 feet wide and containing a private access drive.
The complete lighting unit, including the lamp, the fixture
and other parts.
A facility for the treatment of illness, disease and injury,
providing in-patient or out-patient accommodations, including what
are commonly termed clinics, diagnostic centers, neighborhood health
centers and hospitals (unless the treatment facilities are accessory
only), but excluding a group residence.
A commercial activity, other than salt mining, characterized
by the extraction of surface and subsurface material, including quarrying,
strip mining or extraction or exploration of mineral resources.
Commercial extraction of sodium chloride carried out as a
pre-existing, nonconforming use until December 31, 2035.
A building existing on the date of adoption of this chapter,
as amended, that does not meet the size, dimension or location requirements
of the zoning district in which it is located.
A lot of record existing on the date of adoption of this
chapter, as amended, that does not meet the minimum area or dimension
requirements of the zoning district in which it is located.
Use of a building or land existing at the date of adoption
of this chapter, as amended, that does not conform to the use regulations
of the zoning district in which it is located.
An activity designed to provide daytime care or instruction
for five or more children, generally from two to five years of age,
which is open on a regular basis.
Occupancy or use of a structure, building or area, for only
part of a year, usually for a period that does not exceed six months,
total or cumulative, in any calendar year.
Lot area minus lot coverage.
A facility designed exclusively for the parking of automobiles
which is accessory to one or more principal uses not situated on the
same lot, which is not otherwise permitted by this chapter and which
does not constitute a commercial parking lot or garage.
A land use officially designated as a place of public recreation
or open space, including parks, playgrounds, squares, plazas, tot
lots and similar uses.
An agreement whereby provision for the location of parking
facilities is made available where the land use activity for which
such facilities are to be accessory is not under the same ownership
or control as the parking facilities. The agreement must provide that
the Town of Tully is a beneficial party.
An area for the temporary parking of motor vehicles and which
has at least 10 feet of width, 20 feet of length and seven feet of
clear height, together with adequate provision for maneuvering and
access thereto.
A parcel of at least five acres in area, in one ownership,
designed as a single unit providing a street system and water and
sewer facilities as necessary, and used primarily for residential
purposes but may also be used for special commercial or industrial
development or a combination of residential types and commercial or
industrial development.
A structure and related facilities of a recognized membership
organization designed and used exclusively for the social and recreation
activities of its members.
A structure or space, including a park, used to accommodate
the general public as part of regular services or special events,
commercial or otherwise, such as a theater or social center, but excluding
a use involving restricted membership.
The established boundary lines of a street, sidewalk, alley
or similar thoroughfare defining the corridors for vehicular and pedestrian
traffic and used by the general public.
A place of worship, such as a church, temple or synagogue,
registered in the State of New York, together with other structures
and uses that are customarily and clearly incidental to it in the
service of a local parish.
Self-contained housing development designed for, and marketed
to, older people, and providing minimal services.
An accessory structure designed and used exclusively for
the sale of produce and products grown or fabricated on the premises.
A place of instruction certified by the New York State Board
of Regents which is devoted primarily to academic instruction and
offering a curriculum of study which is in sufficient compliance with
the education laws of the State of New York. This term includes day-care
facilities, nursery schools, kindergarten and similar preschool or
pregrade programs when accessory to the principal school use.
A permanent barrier, any portion of which is situated above
grade, composed of any material except natural vegetation, including
walls, fences, screens and similar structures. (See "buffer strip.")
The line where land and water meet.
[Amended 11-5-2020 by L.L. No. 4-2020]
The shoreline frontage of a lot shall be construed to be
that portion of the lot that runs along the shoreline, as measured
at the ordinary high water mark.
[Added 11-5-2020 by L.L.
No. 4-2020]
Any lot located on the shoreline of an inland lake or body
of water.
[Added 11-5-2020 by L.L.
No. 4-2020]
Anything composed of parts, arranged together in some way,
to be built or constructed on the shoreline.
[Added 11-5-2020 by L.L.
No. 4-2020]
Any structure, display, device or representation that is
64 square feet in area, or less, and designed or used to advertise
or call public attention to any thing, product, person, business,
activity, event, undertaking or place and visible from any road right-of-way.
The flag or pennant of any nation, state or municipality shall not
be considered a sign.
Any sign illuminated by electricity, gas or other artificial
light, including but not limited to reflective or phosphorescent light
originating from within the sign or from outside or behind the body
of the sign.
A plan for the proposed development or use of a parcel of
land that is prepared and presented for site plan review pursuant
to applicable provisions of this chapter.
Review and approval from the Town Board or Planning Board
for specific land use activities as set forth in Schedule I of this
chapter.[3]
Conditions and standards applicable to certain uses listed
in Schedule I of this chapter as "SC" which conditions and standards
must be complied with before a permit can be issued by the Zoning
Administrator.
A facility in which horses are boarded or trained for a fee
or are kept and made available for hire, sale or other type of remunerative
activity.
A portion of a building which is between one floor level
and the next higher floor level or the roof. A basement shall be deemed
to be a story when its ceiling is six feet or more above the finished
grade. A cellar shall not be deemed to be a story. An attic shall
not be deemed to be a story if unfinished and without human occupancy.
Any receptacle for water having a depth at any point of more
than two feet, or a surface area exceeding 250 square feet, that is
intended for recreational purposes, and including all appurtenant
decks, walks and equipment constructed, installed or maintained in
or above the ground outside the principal structure to which the pool
is accessory, or as defined under New York State Law or regulations/codes
promulgated thereunder.
Anything constructed, erected or installed, the use of which
requires a temporary or permanent location on, above or below the
surface of land or water.
The average vertical distance from the ground outside the
foundation wall to the level of a flat roof, or to the average height
of a pitched, gabled, hip, or gambrel roof, excluding chimneys, bulkheads,
penthouses, and other constructions enclosing equipment or stairs.
A structure on which transmitting and/or receiving antenna(s)
are located.
Structures used to provide utility services, and as power substations, transmission towers, pumping stations, underground and overhead installations and related facilities. Utility structures, however, shall not include renewable energy facilities, including without limitation, wind or solar energy facilities such as are or as shall be provided for under separate sections of Chapter 280 [including § 280-11.2 (for wind energy systems)].
[Amended 7-13-2016 by L.L. No. 1-2016[4]]
Written authority to deviate from any regulations of this
chapter, said authority to be obtained from, or denied by, the Zoning
Board of Appeals in accordance with state law and applicable provisions
of this chapter.
Authorization by the Zoning Board of Appeals to use land
in a manner that would not otherwise be allowed because of dimensional
or physical requirements and regulations set forth in Schedule II[5] or other applicable regulations of this chapter.
Authorization by the Zoning Board of Appeals for the use
of land or a building that is otherwise not allowed or is prohibited
by the provisions of Schedule I or other applicable regulations of
this chapter, and meeting applicable criteria of state law.
The shortest distance between side lot lines at high water
mark.
Lot area bounded by the road right-of-way, side lot lines
and a line parallel to the road right-of-way a distance equal to the
required front yard. Front yard depth shall be measured between the
road right-of-way and the building line.
Lot area bounded by rear and side lot lines and a line parallel
to the rear lot line a distance equal to the required rear line.
Lot area situated between front and rear yard areas, a side
lot line and a line parallel to the side line at a distance equal
to the required side yard.
The person appointed by the Town Board to administer this
Zoning Chapter.
This chapter (as referred to herein). The Zoning Code is
also referred to as the "Zoning Code of the Town of Tully" and "this
chapter."
[1]
Editor's Note: "This local law" refers to L.L. No. 4-2020, adopted 11-5-2020. See § 280-9H, Keyhole development.
[2]
Editor's Note: The former definition of “dwelling,
ECHO housing,” which immediately followed this definition, was
repealed 5-15-2008 by L.L. No. 4-2008.
[3]
Editor's Note: Schedule I is included as an attachment to this chapter.
[4]
Editor's Note: Subsequently amended pursuant to L.L. No. 1-2018,
adopted 7-12-2017.
[5]
Editor's Note: Schedule II is included as an attachment to this chapter.
A.
A zoning permit is required before any land use activity
is undertaken, altered, repaired, modified, converted, or changed
in any manner, except:
B.
A zoning permit is issued by the Zoning Administrator.
It may be issued only for land use activities which are expressly
permitted by this chapter or which have been specially authorized
by the Town Board or the Board of Appeals. If the activity involves
any construction or site preparation, use or occupancy shall not begin
until the Zoning Administrator has certified on the permit that the
construction or preparation has been fully completed in compliance
with this chapter, other applicable Town regulations and any special
authorization.
C.
D.
The terms and conditions of any special authorization
shall be set forth in the zoning permit, and reference shall be made
to the authorization by date, agency and filing data.
A.
Districts. The Town of Tully outside of the incorporated
Village of Tully is hereby divided into the following use districts
or zones:
|
Agriculture
|
A-1
| |
|
Agriculture
|
A-2
| |
|
Residence
|
R-1
| |
|
Residence
|
R-2
| |
|
Residence
|
R-3
| |
|
Business
|
B-1
| |
|
Industry
|
IND
|
B.
Location of districts. The location of each use district
shall be as outlined on the Zoning Map of the Town of Tully (Zoning
Map).[1] A true copy of the Zoning Map adopted as of this date
is attached.[2]
[1]
Editor's Note: In action taken 3-27-1995, the Town Planning
Board recommended approval of a zone change from A-2 to C-1 for property
located along Route 11 North near the entrance to Route 81 North (part
of Military Lot Nos. 28 and 29). In a motion adopted 11-13-1995, the
Town Board granted authorization to construct an office and enclosed
storage facility on said property upon the meeting of certain conditions.
On 5-27-1996, the Town Board noted that said conditions had been met.
[2]
Editor's Note: The Zoning Map is included as an attachment to this chapter. In action taken 3-27-1995, the Town Planning Board recommended approval of a zone change from A-2 to C-1 for property located along Route 11 North near the entrance to Route 81 North (part of Military Lot Nos. 28 and 29); a portion of this property south of the natural gas line will be considered C-1 and IND. In a motion adopted 11-13-1995, the Town Board granted authorization to construct an office and enclosed storage facility on said property upon the meeting of certain conditions. On 5-27-1996, the Town Board noted that said conditions had been met.
C.
Boundaries of districts. Boundary lines shown on the
Zoning Map are intended to follow lot lines or the center lines of
streets, highways, railroads, shorelines or watercourses, or a line
parallel to such features at a distance therefrom specified on the
Map. Questions or disagreements concerning the exact location of a
district boundary shall be resolved by the Board of Appeals.
D.
Description of districts; intent. Land use control
districts in the Town of Tully have been established in furtherance
of the Town's Comprehensive Plan and for the purpose and intent described
below.
(1)
Agriculture A-1 District. The intent of the A-1 District
is to designate areas where agricultural productivity is high in most
locations and where farming is the predominant and desired use of
land. Other compatible land uses in this district could include a
limited amount of low-density, single-family housing and other activities
that are closely related to production-agriculture. Land use regulations
are intended to encourage maximum retention of productive farmland
while supporting a limited amount of low-density, single-family housing.
Clustering (See definitions.) is encouraged where possible.
(2)
Agriculture A-2 District. The intent of the A-2 District
is to designate areas where farming, extensive wooded areas and other
natural resources are predominant and desired land use activities.
Farm-related agricultural businesses located in this district are
also suitable. Nonagricultural development, primarily scattered low-density,
one-family housing, has occurred and is appropriate in the future.
Land use regulations and development criteria are aimed at maintaining
the effective operation of productive farms, supporting farm-related
business and scattered or clustered (See definitions.), low-density,
single-family housing and preventing serious environmental degradation
and land use inconsistencies.
(3)
Residential R-1 District. The intent of the R-1 District
is to designate areas where concentrations of low-density, primarily
one-family housing, are located and are the expected and desired future
developmental character. In most areas, larger parcels can be subdivided
into residential lots. Regulations and restrictions in the R-1 District
are intended to limit the extent of future development, to encourage
clustering of lots as a method of preserving open space and environmentally
sensitive areas, and to minimize the number of nonresidential land
uses that can be established.
(4)
Residential R-2 District. The intent of the R-2 District
is to designate areas where proximity to Tully Village could affect
future land use and development patterns. A variety of housing types
is appropriate and density can be increased when adequate utilities
can be provided. Regulations and restrictions in the R-2 District
are intended to produce a more concentrated urban setting and to establish
neighborhood development characteristics. While public utilities may
not yet exist in such areas, R-2 Districts are suitable targets for
such services.
(5)
Residential R-3 District. The intent of the R-3 District
is to designate areas where existing lakes and other natural features
have produced sustained pressure for residential development that
is likely to continue. Single-family housing, both permanent and seasonal,
is an appropriate and desired use in these areas, but the absence
of utility systems raises concerns about pollution and environmental
damage. The transitional presence of agricultural in this district
is suitable but can also be a potential source of environmental damage
affecting nearby housing concentrations.
(6)
Business B-1 District. The intent of the B-1 District
is to designate areas where a limited amount of service and commercial
businesses are currently located and are appropriate. Businesses locating
in the B-1 District should be those that can benefit from proximity
to the Town's major traffic circulation network and from the availability
of adequate parking opportunities. General retail and service businesses
that do not need access to major highways or large parking areas should
be limited. Development restrictions and standards should reflect
the unique location of this commercial district and development proposals
should be evaluated in terms of design compatibility and concerns
for the environmental impacts of new construction.
(7)
Industry IND District. The intent of the IND District
is to designate areas that are in transition from agriculture to a
relatively concentrated mixture of commercial and industrial land
uses. Flat land, high visibility, good vehicular access to major traffic
routes and the potential for railroad service are important considerations
for development in the IND District. Various forms of light manufacturing,
warehousing, fabrication, assembly, research and development and similar
types of land use are appropriate and desired. Because the area of
the IND District is limited, development restrictions and standards
should focus on businesses and industries that require larger sites
and have access and transportation needs that are not readily available
in other parts of the Town. Review and approval of each development
proposal is necessary to promote compatibility between adjacent land
uses, to achieve the most efficient use of limited land resources
and to minimize adverse environmental impacts.
A.
Schedule of regulations. Regulations and controls
affecting the use of land in the Town of Tully are set forth in Schedule
I. Regulations and controls affecting lot size, yards, building height
and similar area and dimensional considerations are set forth in Schedule
II. Said Schedules I and II are hereby adopted and, with all explanatory
matter and references thereon or related to, are hereby made part
of this chapter.[1]
[1]
Editor's Note: Schedules I and II are included
at the end of this chapter.
B.
Excluded uses or activities. Any land use or activity not set forth in Schedule I is not permitted in the Town of Tully until such use has been included in said schedule by an amendment to this chapter in accordance with § 280-17 hereof.
Except as hereinafter provided, the following
general provisions shall apply to land use and development in the
Town of Tully.
A.
Minimum lot size. No building lot shall hereafter
be reduced or altered so as to result in a lot that would not meet
the minimum area or yard requirements prescribed in Schedule II of
this chapter.
B.
Lot in two districts. When a lot is divided by a district
boundary line the regulations and requirements of either district
may be extended for a distance of 100 feet into the other district,
at the lot owner's discretion.
C.
Health Department jurisdiction. Minimum lot sizes
specified in Schedule II or elsewhere in this chapter shall be subject
to applicable regulations of the Onondaga County Health Department
for sewage disposal systems.
D.
Fences, walls and hedges. The provisions of this chapter
shall not apply to fences, walls and hedges six feet high, or less,
above the natural grade, provided such features are located at least
15 inches from the lot line to allow for maintenance.
E.
Corner visibility. For safety reasons, no structure,
fence or vegetation over three feet high, and no branches less than
10 feet from the ground, shall be permitted within the vision triangle
at road intersections. The vision triangle is an area formed by the
right-of-way lines of intersecting roads and a diagonal line connecting
a point located on each of the right-of-way lines and located a distance
of 25 feet from their intersection. An illustrated example of the
vision triangle is shown at Appendix A.[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
F.
Height limitations. The height limitations of this
chapter shall not apply to agricultural uses, church spires, cupolas,
elevator, heating, ventilation or air conditioning equipment and similar
features, but excluding alternative energy or communications installations.
Any questions, issues or similar interpretations regarding height
limitations shall be determined by the Board of Zoning Appeals.
G.
Drainageways. Natural drainageways shall be preserved
and shall be kept free of debris and other obstructions to water flow.
Where relocation of a natural drainageway cannot be avoided, it must
be relocated in a way that will assure the unobstructed flow of stormwater
and prevent flooding on neighboring and other nearby properties.
H.
Garbage and junk. Lots shall be kept free from any
inoperable or abandoned vehicle parked or stored outside on any premises
for more than 30 days, and from discarded building material, appliances
and machinery, and all forms of garbage and junk as defined in this
chapter.
I.
SEQRA requirements. No discretionary action required
by this chapter shall be taken until there has been compliance with
applicable provisions of 6 NYCRR 617 (SEQRA) and an environmental
determination has been made by the lead agency.
A.
Intent. The intent of this section is to set forth
regulations, requirements and procedures for certain areas, land uses
and development activities in the Town of Tully that could have potentially
large impacts on their surroundings, on the environment and on the
value of adjacent land. Such development activities are subject to
review and the application of specific standards to minimize adverse
impacts.
B.
Site plan review. The intent of site plan review provisions
is to provide for Planning Board review and approval of site plans
for certain uses in the Town of Tully. Site plan review provisions
are intended to promote the health, safety and welfare of the Town
and to ensure the optimum conservation, protection, preservation,
development and use of the natural and man-made resources of the Town.
Site plan review procedures will also be used to mitigate potentially
negative impacts of new development on adjacent land and to conserve
property values and visual quality as development occurs in the Town.[1]
(1)
Applicability.
(a)
All land use activities authorized by Schedule
I[2] of this chapter shall require site plan review except
the following:
[1]
Construction of a one- or two-family dwelling
along with accessory structures and related land use activities.
[2]
Landscaping or grading which is not intended
to be used in connection with a land use reviewable under the provisions
of this section.
[3]
Ordinary repair or maintenance or interior alterations
to existing structures or uses.
[4]
Exterior alterations or additions to existing
structures that would not increase square footage of the existing
structure by more than 10%, and with a value less than $20,000.
[5]
Agricultural or gardening uses.
[6]
Signs under 12 square feet.
[7]
The sale of agricultural products and temporary structures related to sale of agricultural products. See also § 280-10B(2).
[8]
Garage, yard and porch sales not exceeding three
days in duration, except that site plan approval will be required
if such sales take place more that three times in any calendar year.
[2]
Editor's Note: Schedule I is included at the end of this chapter.
(b)
Any person uncertain of the applicability of
this section of the chapter to a given land use activity may apply
in writing to the Planning Board for a written jurisdictional determination.
In addition to the foregoing authorization, the Planning Board may
assume limited jurisdiction over and make recommendations on any matter
otherwise subject to site plan review that is first required to be
before the Zoning Board of Appeals on a variance request, or on any
matter relative to a residential construction on lakefront property.
The foregoing recommendation role shall be advisory in nature and
is not mandatory and may be made before or after a public hearing
is held by the Zoning Board of Appeals.
(2)
Procedures; generally. Prior to undertaking any new land use activity except those specifically exempted in Subsection B(1), above, site plan review by the Planning Board is required. Applicants for site plan approval must follow the recommended procedures related to the sketch plan conference as hereinafter set forth. Applicants must comply with all other procedures and requirements of this chapter and NYS Town Law § 274-a.
(3)
Sketch plan conference.
(a)
A sketch plan conference between the Planning
Board and the applicant shall be held prior to the preparation and
submission of a formal application for site plan review. The intent
of such a conference is to enable the applicant to inform the Planning
Board of the proposal prior to the preparation of a detailed site
plan and for the Planning Board to review the basic site design concepts,
advise the applicant as to potential problems and concerns and to
generally determine the information to be required on the site plan.
To accomplish these objectives the applicant should provide the following
prior to the sketch plan conference:
[1]
A written narrative statement and sketch showing
the location and dimensions of principal and accessory structures
with setbacks, parking areas, proposed signs, proposed site lighting,
existing and proposed vegetation and other planned features; anticipated
changes in existing topography and other natural features; and, where
applicable, measures and features to comply with flood hazard and
flood insurance regulations;
[2]
An area map showing the parcel under consideration
for site plan review, and all properties, structures, subdivisions,
streets, rights-of-way, easements and other pertinent features within
500 feet of the parcel being reviewed;
[3]
A topographic or contour map of adequate scale
and detail to show site topography, including the location of all
lakes, ponds, streams and wetlands; and
[4]
An aerial photograph of the general area of
the parcel under consideration.
(b)
If requested by the applicant, the Planning
Board may waive or modify any or all of the sketch plan review requirements.
(4)
Application requirements.
(a)
An application for site plan approval shall
be made in writing to the Zoning Administrator or the Chairperson
of the Planning Board and shall be accompanied by information contained
on the following checklist as modified by the sketch plan conference.
[1]
Title of drawing including name, address and
telephone number of the applicant and the person responsible for preparation
of such drawings, North arrow, scale and date;
[2]
Boundaries of the property drawn to scale and
showing existing building;
[3]
Grading and drainage plan showing existing and
proposed contours, rock outcrops, depth to bedrock, soil characteristics
and watercourses;
[4]
Location, design and type of construction of
all parking and truck-loading areas, showing access and egress;
[5]
Provisions for pedestrian access, including
handicapped accessibility;
[6]
Location of outdoor storage, if any;
[7]
Location, design and construction materials
of all existing or proposed site improvements including drains, culverts,
retaining walls and fences;
[8]
Description of the method of sewage disposal
and location, design and construction materials of such facilities;
[9]
Description of the method of securing potable
water and location, design and construction materials of such facilities;
[10]
Location of fire and other emergency zones,
including the location of fire hydrants and holding ponds, if appropriate;
[11]
Location, design and construction materials
of all distribution facilities, including electrical, gas and solar
energy;
[12]
Location, size, design and type of construction
of all proposed signs;
[13]
Location and proposed alteration and development
of all buffer areas, including existing vegetative cover;
[14]
Location, design and operating characteristics
of all outdoor lighting facilities including proposed lighting fixtures
to be used;
[15]
Identification of the location, specified use,
and amount of building area proposed for retail sales or similar commercial
activity;
[16]
General landscaping plan and planting schedule;
[17]
An estimated project construction schedule;
[18]
Identification of, record of application for,
and status of any permits from other governmental bodies required
for the project's execution; and
[19]
Any other elements integral to the proposed
project, including appropriate SEQR assessments, as may be considered
necessary by the Planning Board.
(b)
The Planning Board may, if requested in writing
from the applicant, or on its own volition, waive or modify any of
the above site plan requirements.
(5)
Review standards; general considerations. The Planning
Board's review of the proposed project and the site plan shall include,
as appropriate, but is not limited to, the following general considerations:
(a)
Location, arrangement, size, design and general
compatibility of buildings.
(b)
Illumination sources and light distribution
characteristics of proposed site and building lighting.
(c)
Adequacy and arrangement of vehicular traffic
access and circulation, including intersections, road widths, pavement
surfaces, dividers and traffic controls. Impermeable surface coverage
shall be minimized.
(d)
Location, arrangement, appearance and sufficiency
of off-street parking and loading.
(e)
Adequacy and arrangement of pedestrian traffic
access and circulation, walkway structures, control of intersections
with vehicular traffic and overall pedestrian convenience.
(f)
Location, arrangement, size, design and general
neighborhood compatibility of any proposed signs.
(g)
Adequacy of stormwater and drainage facilities.
Impermeable surface coverage shall be minimized.
(h)
Adequacy of water supply and sewage disposal
facilities.
(i)
Adequacy, type and arrangement of trees, shrubs
and other landscaping constituting a visual, noise and glare buffer
between the applicant's and adjoining land, including the maximum
retention of existing vegetation.
(j)
Adequacy of fire lanes and other emergency zones
and the provision of fire hydrants and holding ponds, if appropriate.
(k)
Special attention to the adequacy and impact
of structures, roadways and landscaping in areas susceptible to ponding,
flooding and/or erosion.
(l)
Overall neighborhood impact, including compatibility
of design considerations and the impact of development on existing
topography and on ambient noise and light levels.
(6)
Specific standards and considerations. The following
specific standards shall apply in conjunction with the subject uses
or in the designated areas.
(a)
Lakefront standards and conditions.
[1]
All construction on any shoreline lot shall
be carried out in such manner as to minimize interference with the
natural course of such waterway, to avoid erosion of the shoreline,
to minimize increased runoff of ground and surface water into the
waterway, to remove only vegetation that is necessary to the accomplishment
of the project, to avoid nuisance conditions related to glare and
noise and to generally maintain the existing aesthetic and ecological
character of the shoreline.
[2]
No on-site sewage tile fields or seepage pits
shall be located within 100 feet of any shoreline, and no septic or
other holding tank shall be located within 50 feet of any shoreline,
as measured from the normal high-water mark of the water body.
[3]
Any paved or otherwise improved parking, loading
or service areas within 100 feet of any shoreline shall be designed
and constructed so as to direct surface runoff away from the waterway
and to prohibit chemical pollutants from entering the waterway.
(7)
Public hearing and Planning Board decision.
(a)
Public hearing. The Planning Board may conduct
a public hearing on the site plan if that is considered desirable
by a majority of its members. Such hearing shall be held within 62
days of the receipt of a completed application for site plan review
and shall be advertised in a newspaper of general circulation within
the Town at least five days before the hearing.
(b)
Planning Board decision. Within 62 days of receipt
of a completed application for site plan approval or, if a public
hearing is held, within 62 days of the public hearing, the Planning
Board shall approve, approve with modification or disapprove the site
plan as set forth below. The time period within which the Planning
Board must make its decision may be extended by mutual consent of
the applicant and the Planning Board.
[1]
Approval. Upon approval of the site plan, and
payment by the applicant of all fees and reimbursable costs due the
Town, the Planning Board shall endorse its approval on a copy of the
site plan and shall immediately file it and a written statement of
approval with the Town Clerk and mail a copy to the applicant.
[2]
Approval with modification. The Planning Board
may conditionally approve the final site plan. A copy of the written
statement containing the modifications required by the conditional
approval will be mailed to the applicant. After satisfactory demonstration
to the Planning Board that all conditions have been met, and payment
by the applicant of all fees and reimbursable costs due the Town,
the Planning Board shall immediately file the approved site plan and
a written statement of approval with the Town Clerk with a copy to
the applicant.
[3]
Disapproval. Upon disapproval of the site plan,
the decision of the Planning Board shall immediately be filed with
the Town Clerk and a copy thereof mailed to the applicant, along with
the Planning Board's reasons for disapproval.
(8)
Integration of procedures. Whenever the circumstances
of proposed development require compliance with these site plan review
and with any other local law or other legal requirements of or governing
the Town, including amendments to such laws, the Planning Board shall
integrate, as appropriate, the site plan review procedures of this
section with the procedures and submission requirements for such other
compliance, including State Environmental Review Requirements (SEQRA).
C.
Wetlands. Notwithstanding other provision of this
chapter, and particularly Schedule I, to the contrary, construction
or any other development on any land in the Town of Tully that is
designated as a wetland pursuant to Article 24 of the State Environmental
Conservation Law, shall be in accordance with the provisions of said
Article 24.
D.
Sign regulations.
(1)
In any district, a single sign that advertises a home
occupation taking place on the premises, or the sale of agricultural
products produced on the premises is permitted. The sign may be attached
to a building or freestanding. It may not be more than six square
feet in total area, on each of two sides in the case of a freestanding
sign. It may not be illuminated except by white, nonflashing, nonmoving
light, on two sides in the case of a freestanding sign, and may not
be higher than five feet above finishing grade. If lighted, no such
sign, by reason of design or location, shall shine directly on or
into any rooms, porches or patios of residential property in existence
when the sign was installed.
(2)
In business or industrial districts a sign that advertises the principal business taking place on the premises shall be permitted. The sign may be freestanding or attached and parallel to the street facade of the principal building. It may be illuminated (See definitions.) but not flashing or animated except as may otherwise be permitted in Subsection D(9), and shall not extend above the height of the wall to which it is attached. Such sign shall not be larger in total area than 10% of the area of the street facade of the principal building or 100 square feet, whichever is smaller.
(3)
In the case of multiple dwellings, or of multiple business uses on the same premises, or of business or industrial uses, or of a nonresidential use in a residential district, the Board of Appeals may authorize more than one sign or signs greater in area or height than is specified by this Subsection D.
(4)
No sign that is mounted on a vehicle or wheels or
is otherwise mobile and capable of being moved shall be permitted
unless expressly approved by the Board of Appeals.
(5)
Temporary signs are permitted to advertise that a
premises is for sale or rent, or to set forth the names of a political
candidate or of a contractor, architect, engineer, owner, or similar
participant in a construction project. Such temporary sign must conform
to the size restrictions of the district where it is located, may
not be illuminated and must be removed within seven days after the
election, construction, sale or rental of the premises is completed.
The temporary sign may be freestanding. In no case shall a temporary
sign remain in place for a period greater than one-year unless authorized
by the Board of Appeals.
(6)
Identification and directional signs, but nonflashing
and without advertising may be authorized by the Board of Appeals.
(7)
No sign, unless attached to a building, shall be located
nearer to a street line than 25 feet, or nearer to a side line and
10 feet, unless authorized by the Board of Appeals.
(8)
No sign shall be higher than 25 feet above grade unless
it is attached to the wall of a building and below the height of the
wall, unless authorized by the Board of Appeals.
(9)
All signs, whether or not specially authorized by
the Board of Appeals, shall conform to the following regulations:
(a)
No sign in excess of 10 square feet in area
shall be erected, installed or altered until a written permit therefor
is issued by the Zoning Administrator.
(b)
No sign may extend over a public sidewalk or
public right-of-way.
(c)
The area of a sign shall be measured by the
area of its background frame. If the sign consists only of independent
letters or symbols without a frame, its area shall be measured by
the rectangular area encompassing the letter or symbol groupings.
(d)
Signs which, by their message, use, simulation
of color, design or placement, tend to confuse or impair the effectiveness
of traffic regulatory devices or to create a traffic hazard or traffic
distraction are prohibited.
(e)
No sign shall be flashing, revolving, animated
or otherwise in motion. This provision shall not apply to illuminated
signs that indicate the time, temperature, or similar public service
information even though such device may be flashing.
(f)
Any sign that contains a changing or otherwise
animated message (name of business, hours of operation, rooms available,
specials, current bargains etc.), where the illumination sources go
on and off, or otherwise move or change in any way, shall not be permitted
if such changing message is programmed to occur at less than fifteen-minute
intervals. This provision shall not apply to time-temperature information
displays.
(g)
Hours of operation for any sign that is changing,
moving or otherwise animated shall be limited to the hours of operation
of the business located on the same lot as such sign. This provision
shall not apply to time-temperature information displays.
(h)
Other than signs permitted by these regulations,
all accessory advertising devices of commercial enterprises, such
as but not limited to, bunting, pennants, pinwheels, streamers or
peripheral lighting, are prohibited.
(i)
No sign shall obstruct any fire escape, window, door or opening used as a means of egress, for fire-fighting purposes or for ventilation. No sign shall be placed on any sidewalk, hydrant, lamppost, tree, utility pole, fence, or on other public property, except as may be permitted by this Subsection D.
(j)
No sign shall project into a vehicular driveway
on private property at an elevation less than 14 feet above grade.
No sign shall project into an area on private property designed as
a pedestrianway at an elevation less than 10 feet above grade.
(10)
The Board of Zoning Appeals may, upon request and when appropriate, vary the provisions of this Subsection D after a public hearing has been held and a SEQR determination has been made.
(11)
The Zoning Administrator shall order the removal of
any sign that has been abandoned.
E.
Outdoor lighting.
[Amended 12-12-2007 by L.L. No. 7-2007]
(1)
Intent. These regulations are intended to reduce problems
created by improperly designed and installed outdoor lighting, and
to enhance the natural beauty of the night sky and preserve the rural
nature of our community. The objective is to reduce or eliminate problems
of glare, minimize light trespass on adjoining properties and reduce
energy consumption by establishing regulations that limit the types
of acceptable outdoor lighting fixtures and their illumination levels.
By regulating outdoor lighting, community character and aesthetics
will be enhanced, and excessive lighting that can become a distraction
to the traveling public and an annoyance to occupants of neighboring
properties caused by improper lighting can be avoided.
(2)
CUTOFF FIXTURE
FIXTURE
FOOTCANDLE
FULL-CUTOFF FIXTURE
FULLY SHIELDED FIXTURE
GLARE
LIGHT TRESPASS
LUMEN
LUMINAIRE
TEMPORARY OUTDOOR LIGHTING
Definitions. As used in this subsection, the following
terms shall have the meanings indicated:
A light fixture that restricts the amount of light emission
by shielding parts of the lamp. A cutoff or semicutoff design allows
a restricted amount of light emitted above the horizontal plane running
through the lowest point on the luminaire.
The assembly that holds the lamp in a lighting system. It
includes the elements designed to give light output control, such
as a reflector or refractor, the ballast, housing and the attached
parts.
The basic measuring unit of illuminance. Footcandle measurement
is taken with a light meter with CIE photopic (human eye response
curve). One footcandle is approximately equal to the illuminance produced
by a light source of one candela in intensity, measured on a surface
at a one foot distance from the source. Horizontal and vertical footcandle
measure the illumination striking a horizontal plane or vertical plane,
respectively.
A light fixture that cuts off all upward transmission of
light above an angle of 90º from the horizontal plane at the
lowest part of the luminaire.
A luminaire constructed and installed such that all light
emitted, either directly from the lamp or a diffusing element, or
indirectly by reflection or refraction from any part of the luminaire,
is projected below the horizontal. It is the same as a full-cutoff
luminaire, but without any restrictions on light distribution below
the horizontal plane.
Discomfort experienced by an observer with a direct line-of-sight
to a light source which often results in visual impairment due to
an intensity great enough to reduce the viewer's ability to see.
Light projected onto a property from a fixture not on that
property.
A measure of the brightness of the illumination exiting a
bulb, provided by a manufacturer. One footcandle is one lumen per
square foot.
A complete lighting fixture, including the lamp, housing,
ballasts, and photocells, less the support and mounting assembly.
Specific illumination of an outdoor area or object by any
man-made device located outdoors that produces light by any means
for a period of less than seven days, with at least 180 days passing
before being used again.
(3)
General regulations.
(a)
Industrial/commercial uses and zoning districts
only:
[1]
All installed outdoor lighting levels shall
be in general compliance with the accepted illumination guidelines,
standards and recommended practices established by the illuminating
Engineering Society of North America (IESNA) and also in conformance
with the requirements established by this subsection. All lighting
applications shall be controlled by these provisions including, but
not limited to signs, architectural, landscaping, decorative lighting,
and sports facility lighting.
[3]
Fixture mounting heights for all pole-mounted
parking and circulation lighting shall not exceed 30 feet above the
paved grade adjacent to the pole and are required to have full-cutoff-type
luminaires. Luminaires for recreational playing fields shall be exempt
from the height restrictions.
[4]
Wall-mounted fixtures shall prevent direct views
of the lamp through the lens. The fixture housing shall cut off the
light beam so it projects not more than 75º up from the vertical
plane.
[5]
Canopy lights, such as service station lighting,
shall be fully recessed or fully shielded.
(b)
Residential uses and zoning districts only:
[1]
The luminous surface of a luminaire shall, in
general, be horizontally mounted and aimed away from a property boundary.
(c)
All uses and zoning districts:
[1]
Pedestrian-scale lighting shall be on fixtures
not exceeding 15 feet in height.
[2]
The maximum mounting height for wall-mounted
lighting shall not exceed 20 feet on all buildings except for industrial
buildings which shall not exceed 25 feet.
[3]
Except as otherwise provided by law, no lighting
device shall be constructed or placed in any district which:
[a]
Consists of moving, rotating or otherwise animated
parts, strings of lights or lights of varying intensity such as flashing,
intermittent, moving, rotating or otherwise animated lights, including
but not restricted to LED fixtures.
[b]
Is so placed as to aim or direct a light beam
or reflection upon or toward any public highway, land, right-of-way
or adjacent property.
[c]
Is so placed as to cause glare or reflection
that constitutes a hazard or nuisance to on-site or off-site vehicular
and pedestrian traffic circulation.
(4)
Nonconforming lighting. All nonconforming lighting
shall conform to the provisions hereof within a time period commencing
from the effective date and expiring on the date when the improvements
comprising the fixtures (and not the real property affixed to same)
have been fully depreciated for federal income tax purposes. The owner
or other responsible person shall provide evidence in this regard
via a sworn or certified statement attaching documentary proof of
such owner or person or a sworn/certified statement of its certified
public accountant attesting to the applicable depreciation schedule.
Where such lighting has not been so depreciated, the applicable time
period shall be 10 years from the effective date.
(5)
Maximum illuminance at property lines for all zoning
districts.
(a)
Illumination from luminaires shall not exceed
0.1 footcandle at a residential property line or 0.5 footcandle on
nonresidential property, as measured on a vertical plane.
(b)
Control of glare.
[1]
Any luminaire with a lamp or lamps rated at
a total of more than 1800 lumens, and all flood or spot luminaires
with a lamp or lamps rated at a total of more than 900 lumens, shall
not emit any direct light above a horizontal plane.
[2]
All luminaires of 1800 lumens shall be a full-cutoff
fixture as installed. For luminaries under 1800 lumens, the lamp must
be frosted glass or installed behind a translucent cover, except floodlights,
which must be aimed no higher than 30º a below horizontal plane.
This can be accomplished by the use of full-cutoff fixture design,
shielding, visors, louvers, or other devices.
[3]
Any luminaire with a lamp or lamps rated at
a total of more than 1800 lumens, and all flood or spot luminaires
with a lamp or lamps rated at a total of more than 900 lumens, shall
be mounted at a height equal to or less than the value D/3 + 3, where
D is the distance in feet to the nearest property boundary. The maximum
height of the luminaire may not exceed 30 feet. For example: pole
height at a distance of 36 feet to a property line would equal 15
feet, or 36/3 + 3 =15.
[4]
Any luminaire, regardless of its rated lumens,
shall be directed or its light output controlled as necessary so it
is not aimed, focused, or directed in such a way that causes light
from the luminaire to be directed toward residential buildings on
adjacent or nearby land, or create glare perceptible to persons operating
motor vehicles on public highways.
(c)
Outdoor advertising signs.
F.
Parking. Parking spaces, as defined in § 280-4 of this chapter, shall be provided as follows:
(1)
Minimum spaces required. Unless modified by the Town
Board or Planning Board as a requirement of special authorization
or site plan approval, parking spaces shall be provided as follows:
(a)
Residential use: two spaces for each dwelling
unit.
(b)
Church, auditorium, funeral home and other places
of public assembly: one space for each four seats at maximum capacity.
(c)
Motel, hotel, bed-and-breakfast and similar
uses: one space for each guest room.
(d)
Restaurant: one space for each 100 square feet
of gross floor area.
(e)
Office: one space for each 300 square feet of
gross floor area.
(f)
Commercial business, store: one space for each
100 square feet of gross floor area used for sales purposes.
(g)
Hospital, nursing home and similar institution:
one space for each three beds.
(h)
Industrial or manufacturing business: one space
for each 400 square feet of gross floor area.
(i)
Warehouse: one space for each employee.
(j)
Bowling alley: eight spaces for each alley.
(k)
Health and fitness center: one space for each
200 square feet of gross floor area.
(2)
General requirements.
(a)
All required parking spaces shall be on the
same lot as the land use activity they serve except that all or part
of the spaces may be provided off-site upon special authorization
of the Town Board or Planning Board, as appropriate, or otherwise
by the Board of Appeals, when it is impractical to provide parking
on the same lot and the proposed off-site parking is within 500 feet
of the land use activity.
(b)
Parking requirements of this section shall not
apply to existing land use activities. Existing parking spaces shall
not be reduced below the minimum required by this chapter. If an existing
land use is changed or modified, the parking required by this chapter
shall be provided as appropriate.
(c)
Unless they are within a driveway, no parking
space shall encroach into front or side yards in a residential district
or be nearer than 10 feet from any street line or five feet from the
side or rear lot lines in any other district.
(d)
Required parking space for two or more land
use activities may be jointly provided upon special authorization
of the Town Board or Planning Board, or approval by the Board of Appeals,
as appropriate, upon specific findings that there shall be no substantial
conflict in the principal periods of peak demand and that the number
of spaces available for each land use during peak periods shall meet
the requirements of this chapter.
G.
Accessory dwelling unit (ADU). The installation of
a temporary or permanent ADU shall be permitted in A-1, A-2, R-1,
R-2 and R-3 Districts subject to the following:
[Added 5-15-2008 by L.L. No. 4-2008]
(1)
Standards and criteria. All ADU's shall meet the following
standards and criteria:
(a)
The design and size of the ADU shall conform
to all applicable standards in the building, plumbing, electrical,
mechanical, fire, health and any other applicable codes. When unnecessary
hardship is created by compliance with the provisions of this local
law, the Zoning Board of Appeals may grant modifications for individual
cases.
(b)
Any additions to an existing building shall
not, absent the granting of an area variance, exceed the allowable
lot coverage or encroach into the existing setbacks.
(c)
The ADU may be attached to, within or detached
from the principal unit.
(d)
Only one ADU may be created per residence in
single-family zones. Multiple detached ADU's may be created in other
zones, but only to the extent that multiple dwelling units may otherwise
be created there.
(e)
The property owner, which shall include title
holders and land contract vendees, must occupy either the principal
unit or the ADU as his or her permanent or secondary residence, but
not both, for at least five months out of the year and shall at no
time receive rent for the owner-occupied unit.
(f)
Occupancy of the accessory or principal unit
is limited to family members related by blood, marriage or adoption,
or persons having provided satisfactory documentation to the Town
Board of the provision of nursing or domiciliary care or assistance
to the owner, or a family member related by blood, in partial or full
exchange for lodging.
(h)
An ADU may be developed in or on either an existing
or a new residence.
(j)
The ADU shall be designed so that, to the degree
reasonably feasible, the appearance of the building remains that of
a single-family residence.
(k)
The primary entrance to the ADU shall be located
in such a manner as to be unobtrusive from the same view of the building
which encompasses the entrance to the principal unit.
(l)
One off-street parking space, in addition to
that which is required for the underlying zone, or as many spaces
as deemed necessary to accommodate the actual number of vehicles used
by occupants of both the primary dwelling and the ADU shall be provided.
Such parking must be provided in the rear of the lot where adequate
access is available. "Adequate access" shall be defined as a dedicated
street or alley with a minimum gravel surface.
(m)
If the ADU is designed for temporary installation (i.e., self-contained, portable unit), it shall be removed within 60 days after the need for such unit has passed. In no event shall such unit be installed for in excess of two years in total. This period may be extended by the Planning Board for good cause, limited to the continued need for use by an elderly or disabled person otherwise qualified under § 280-9G(1)(f).
(n)
Home occupations, to the extent of those permitted
in such zoning districts, shall be allowed, subject to existing regulations,
in either the ADU or the principal unit, but not both.
(o)
In order to encourage the development of housing
units for people with disabilities, reasonable deviation from the
above-stated requirements shall be permitted to allow features that
facilitate accessibility. Such facilities shall be in conformance
with the Uniform Building Code[4] and any other federal or New York State requirements.
(2)
Application procedure.
(a)
Application for a building permit for an ADU
shall be made to the Code Enforcement Officer in accordance with the
Town of Tully building permit procedures.
(b)
An attestation form from the owner indicating
that he or she shall occupy one of the dwelling units on the premises,
except for bona fide temporary absences, for five months out of each
year, and the name and relationship of the ADU occupant(s). The attestation
form shall have attached to it a copy of the owner's deed.
(c)
The attestation form or other forms as required
by the Town of Tully shall be filed as a deed restriction with the
Onondaga County Clerk's office to indicate the presence of the ADU,
the requirement of owner-occupancy and other standards for maintaining
the unit as described above.
(d)
Cancellation of an ADU's registration may be
accomplished by the owner filing a certificate of cancellation with
the Code Enforcement Officer for recording at the Onondaga County
Clerk's office or may occur as a result of enforcement action.
(e)
The owner shall pay the costs of recordation
and filing of any documents required to be filed hereunder and any
other costs of administration, as such costs may be reasonably established
by the Town Board from time to time.
(3)
Approval authority. The Town of Tully Board shall
be charged with determination of eligibility under the foregoing standards
and criteria and shall also have all other review and approval authority
hereunder.
[Amended 5-13-2009 by L.L. No. 2-2009]
H.
Keyhole development.
[Added 11-5-2020 by L.L.
No. 4-2020]
(1)
Development or use of one or more backlots which include access to
the shoreline of an inland lake or body of water through one or more
contiguous shoreline lots is prohibited unless in conformity with
this subsection. No access is allowed to shoreline lots from noncontiguous
backlots.
(2)
Site plan review: submission requirements.
(a)
An application for site plan approval is required to be submitted in accordance with § 280-9, which application shall include the following additional information:
[1]
Elevations of existing watercourses and water bodies, including
county shorelines;
[2]
Proposed locations of docks and other shoreline structures;
[3]
Location and dimensions of existing and/or proposed parking
areas (including indication of all spaces and method of surfacing);
[4]
Exterior lighting locations with area of illumination illustrated
as well as the type of fixtures and shielding to be used;
[5]
The location and type of any and all picnic, sports facilities,
and/or playground equipment to be installed on the site.
(3)
Standards. Any shoreline lot proposed to be used as part of a keyhole
development shall conform to the following specifications:
(a)
The shoreline lot shall meet the minimum requirements for a
lot in the zoning district in which it is located.
(b)
The shoreline lot shall have a minimum shoreline frontage of
not less than 300 feet (measured at the ordinary high water mark)
and shall have an area of no less than the minimum lot size required
of the zoning district in which the lot is located. The minimum frontage
required for the shoreline lot shall be increased by 100 feet, and
the minimum area required shall be increased by at least 10,000 square
feet, for every additional backlot proposed to be part of the keyhole
development.
(d)
The site plan shall reflect provisions for all watercraft slips,
moorings, boat hoists, and any other means of anchorage to be developed
on the shoreline lot. No more than two such slips, moorings, boat
hoists, and other means of anchorage per shoreline lot shall be allowed.
The minimum shoreline frontage required for the shoreline lot shall
be increased by 50 feet, and the minimum area required shall be increased
by at least 7,000 square feet, for every additional slip, moorings
or boat hoist, proposed to be constructed or installed as part of
the keyhole development.
(e)
The site plan shall reflect the location of all docks to be
developed on the parcel. No more than two docks per 150 feet of shoreline
shall be allowed, which docks shall comply with all state and federal
statutes and regulations pertaining thereto. Docks shall not extend
beyond a water depth of four feet and shall not exceed 50 feet in
length. Docks need not comply with setbacks applicable to other structures.
The minimum shoreline frontage required for the shoreline lot shall
be increased by 50 feet, and the minimum area required shall be increased
by at least 10,000 square feet, for every additional dock proposed
to be constructed or installed, as part of the keyhole development.
(f)
Boat launch facilities shall not be permitted.
(g)
No camping or other overnight accommodations shall be permitted
on the shoreline lot.
(h)
The storage or display of items for sale or rent such as, but
not limited to, boats, boat hoists, personal watercraft, and trailers
is prohibited, unless otherwise permitted in the zoning district in
which the lot is located.
(i)
No slippage or mooring rights shall be sold or leased unless
otherwise permitted in the zoning district in which the shoreline
lot is located.
A.
Intent. The intent of this § 280-10 is to set forth conditions that shall apply to certain land use activities in the Town of Tully that are listed in Schedule I as having special conditions applicable thereto (SC). No building permit shall be issued for such land use activities until the Zoning Administrator has determined that the conditions and other requirements set forth in this § 280-10, and all other applicable regulations, have been complied with or that a variance thereof has been duly granted by the Board of Appeals.
B.
Mobile dwellings in all districts are permitted when
it can be shown that the mobile home:
(1)
Will be used as a residence by the owner of a lot
upon which a single-family dwelling is under continuous construction;
or
(2)
Will be used by one actually employed in an agricultural
use on the premises where the mobile dwelling is located and there
is at least one occupied permanent dwelling on the premises; or
(4)
Meets the lot and yard requirements of the district
in which it is located.
(5)
Unless modified by the Zoning Board of Appeals, authorization
for use of a mobile home shall be granted for a period of no longer
than two years. The mobile home shall be removed at the expiration
of the authorization.
C.
Roadside stands in A-1, A-2, R-1, R-2, R-3 and IND
Districts are permitted when:
(1)
Products sold are grown or fabricated on the premises.
(2)
Such stand is located at least 20 feet from the nearest
street right-of-way line.
(3)
Off-street parking is provided.
(4)
Unless otherwise authorized by the Zoning Board of
Appeals, such stand is removed from the premises within three weeks
from the date when sales are discontinued for the season.
D.
Signs in all districts are permitted when such sign complies with the provisions of § 280-9D of this chapter or a variance has been granted by the Zoning Board of Appeals.
E.
Home occupations in all districts are permitted when:
(1)
Not more than one nonmember of the family occupying
the dwelling unit may be engaged in the activity except for a medical
practitioner requiring a medical assistant, in which case nonmembers
may not exceed two.
(2)
The on-premises retail sale of merchandise is prohibited
unless otherwise approved by the Town Board.
(3)
All activity related to the business is conducted
only inside the dwelling or a building accessory thereto.
(4)
The activity shall not be evident outside the structures
except for identification signs permitted by this chapter.
(5)
The need for off-street parking can be satisfied by
no more than three parking spaces in addition to those required by
the residence.
(6)
No offensive traffic, odor, noise, dust, glare, or
electrical disturbance is produced by the business.
F.
Swimming pool in all districts are permitted when
each such pool, as defined in this chapter, is enclosed by a screening
device at least five feet high and designed to provide a barrier to
small children and pets, or as required by New York State law or codes/regulations
promulgated thereunder.
A.
Applicability. This section contains criteria and standards to be used by the Town Board and/or Planning Board when considering approval of a use listed in Schedule I as requiring special authorization by the Planning Board (SPB) or the Town Board (STB). A special authorization shall be governed by the provisions of this Code and such provisions of the New York State Town Law and case law promulgated thereunder governing special (use) permits. No building permit shall be issued for any land use activity requiring special authorization until the Zoning Officer has determined that the conditions and other requirements set forth in this § 280-11 have been complied with or that a variance thereof has been duly granted.
B.
General requirements. All uses that are subject to special authorization provisions (SPB and STB) shall be subject to the notice provisions of § 280-18 hereof, and require site plan approval from the Planning Board in accordance with § 280-9B of this chapter. In addition, no special authorization shall be granted for any proposed land use activity until there is compliance with applicable requirements specified in Subsection C (SPB) and Subsection D (STB), as these may be modified during review, and upon findings that the proposed activity, as approved, will:
(1)
Be consistent with, and not impede, an appropriate
goal or objective of the Town Comprehensive Plan.
(2)
Be consistent with, and not impede, the lawful use
and development of contiguous and neighboring properties and not unreasonably
affect their enjoyment and value.
(3)
Not create an unreasonable traffic, health or other
public hazard or unreasonably burden, or create an excessive demand
for, public services.
(4)
Be within environmental constraints that are reasonable
and predictable as determined by the appropriate SEQR investigation
and findings.
C.
Special authorization by the Planning Board (SPB). In addition to the general requirements for special authorization, as set forth in Subsection B, specific requirements for special authorization by the Planning Board for certain land use activities, as set forth below, shall also be applicable.
(1)
Dwelling, multifamily, townhouse, retirement housing in R-2 District; Retirement housing in R-1 and R-3 Districts. In R-2 Districts, minimum lot area of 15,000 square feet per dwelling unit is applicable only if it can be demonstrated that an adequate sewage disposal system is to be provided. In other districts, Subsection B shall be applicable.
(2)
Church and religious use in A-1 and A-2 Districts
is permitted when such use is duly registered in the State of New
York.
(3)
Retail business benefiting from good highway access
in B-1 and IND Districts is permitted when:
(a)
Driveways and walkways provide safe access,
egress and traffic circulation within the site.
(b)
Entrance driveways from public roads are no
wider than 50 feet and at least 100 feet apart and adequately marked
and lighted.
(c)
Opportunities for direct vehicular access to
adjacent properties without needing to reenter the highway (service
roads, for example) have been examined and evaluated.
(d)
No structure is placed closer than 50 feet from
any adjacent zone boundary or road right-of-way line. Such setback
space shall be appropriately landscaped to separate the commercial
businesses from future development in the adjacent zone.
(e)
Access drives and parking areas are landscaped
to define spaces and provide visual relief from wide expanses of pavement.
(4)
Mini-commercial warehouse for self storage in B-1
and IND Districts is permitted when such use is extensively landscaped
along front and side boundary lines with a combination of trees, shrubs
or earth berms.
(5)
Commercial animal facility in A-1, A-2 and IND Districts
is permitted when such facility is designed and operated so that it
does not produce excessive noise and odors that adversely affect adjoining
properties.
(6)
Motel in B-1 and IND Districts is permitted when:
(a)
No building is located less than 50 feet from
an existing residential lot and no off-street parking is located less
than 25 feet from a front right-of-way line.
(b)
Access driveways intersect public roads at approximately
90° and are located no less than 150 feet from the intersection
of two right-of-way lines of public roads.
(c)
Landscaping is provided along road frontages
and around parking areas.
(7)
Bed-and-breakfast in A-1, A-2, R-1, R-2 and R-3 Districts
is permitted when:
(a)
Off-street parking is located and designed in
a manner that is consistent with the visual character of the adjacent
neighborhood.
(b)
Access drives intersect public roads at approximately
90° and are located no less than 50 feet from the intersection
of two right-of-way lines of public roads.
(c)
Landscaping is provided around parking areas.
(8)
Nursery school in A-1, A-2, R-1 and R-2 Districts
is permitted when applicable regulations of New York State can be
complied with.
(9)
Drive-in or drive-through business in B-1 District
is permitted when entrance and exit routes to service windows are
clearly marked, safe and adequate stacking space is provided and landscaping
along property lines is provided.
(10)
Off-site parking facility in all districts is
permitted when:
D.
Special authorization by the Town Board (STB). In addition to the general requirements for special authorization set forth in Subsection B, specific requirements for special authorization by the Town Board (STB) for certain land use activities, as specified in Schedule I,[2] shall also be applicable. The Town Board may also require
any information or establish performance standards or additional performance
standards that it believes are consistent with the Comprehensive Plan
and in the best interest of the Town of Tully.
(1)
Planning Board report. No decision shall be made on
any application for special authorization by the Town Board until
the Planning Board has reviewed the application and has, as it deems
appropriate, filed an advisory report on the proposed land use, or
60 days have passed since the filing of the application, after which
sixty-day time period a decision by the Town Board may be made.
(2)
Accessory dwelling units in A-1, A-2, R-1, R-2 and R-3 Districts are permitted subject to and in accordance with the provisions of § 280-9G.
[Amended 5-15-2008 by L.L. No. 4-2008]
(3)
Truck or motor freight terminal in IND District is
permitted when:
(a)
Front yards as required by Schedule II[3] are landscaped and not used for parking or storage of
trucks or other commercial vehicles.
[3]
Editor's Note: Schedule II is included at the end of this chapter.
(b)
Outside storage of containers, equipment and
similar material is located so as to minimize visual impact from adjacent
public roads.
(4)
Scientific research laboratory in B-1 and IND Districts
is permitted when:
(a)
There is no employee parking in any front yard
required by Schedule II.
(b)
Landscaping in the form of trees, shrubs, earth
mounds and similar natural features is provided.
(c)
Any waste material related to such activity
is disposed of in a manner approved by the Onondaga County Health
Department.
(d)
There will be no objectionable noise or smells
noticeable on adjoining properties.
(5)
Telecommunications tower. The intent of these regulations
is to provide standards for the safe provision of telecommunications
consistent with applicable federal and state regulations and to protect
the natural features and aesthetic character of the Town. These regulations
are not intended to have the effect of prohibiting the provision of
personal wireless services nor shall they be used to unreasonably
discriminate among providers of functionally equivalent services consistent
with current federal regulations.
(a)
Application.
[1]
No telecommunication tower shall hereafter be
used, erected or changed in any way until approved by special authorization
from the Town Board as required by this chapter (See Schedule I.)
No existing structure shall be modified for use as a telecommunications
tower unless in conformity with these regulations.
[2]
Antennas and accessory equipment related thereto,
other than towers, are permitted in all use districts, provided they
are placed on existing structures 30 feet or more in height, other
than one- and two-family dwellings.
(b)
Regulations.
[1]
No telecommunications tower shall hereafter
be used, erected, moved, reconstructed or altered except in conformity
with terms and conditions of a special authorization by the Town Board.
No existing structure shall be modified to serve as a tower unless
in conformity with such terms and conditions.
[2]
Antennas and accessory equipment related thereto,
other than towers, are permitted in all districts except R-2 and R-3
Residential Districts.
(c)
Special standards.
[1]
Site plan. An applicant shall be required to submit a site plan in accordance with § 280-9B(3) and (4) of this chapter and including documentation on the proposed intent and capacity or use as well as justification for the proposed height of any tower or antenna and for any land or vegetation clearing required.
[2]
In addition to applicable environmental impact requirements of § 280-9B(4), the applicant shall provide a visual environmental assessment with particular attention to visibility issues from key viewpoints within and outside the Town as identified in the visual EAF. The Town Board may require a more detailed visual analysis based on the results of the visual EAF. All tower and accessory facilities shall be sited to have the least practical adverse impact on the environment.
[3]
Shared use of existing towers or other existing
structures is preferred to the construction of new towers and shall
be considered. An applicant shall present a detailed inventory of
existing towers within a reasonable distance of the proposed site
and analyzing opportunities for shared use of an existing structure
as an alternative to new construction. Written requests for shared
use, and responses thereto, shall be provided. A document of intent-to-share
from an existing tower owner shall be provided by the applicant.
[4]
The Town Board may require additional setbacks
adequate to contain ice-fall or debris from tower failure and/or to
preserve privacy of adjoining residential and public property.
[5]
Towers shall not be artificially lighted except
to assure human safety and as required by the Federal Aviation Administration
(FAA). Structures offering slender silhouettes and painted to blend
into the natural surroundings are preferable in most cases. Towers
should be designed and sited so as to avoid, whenever possible, FAA
lighting and painting requirements.
[6]
Existing on-site vegetation shall be preserved
to the maximum extent possible. Tree plantings may be required to
screen portions of the tower from nearby residential and public property,
including roads.
[7]
A suitable road and parking as necessary will
be provided to assure emergency and service access.
(d)
Conditions. The Town Board shall have the authority
to impose such reasonable conditions and restrictions as are directly
related to the proposed telecommunications tower.
(e)
Removal upon abandonment. The owner of any telecommunications
tower or antenna shall remove such tower/antenna and related facilities
if it becomes obsolete or ceases to be used for its intended purpose
for a period of 12 months, and a demolition bond or other security
suitable to the Town for removing such facilities may be required.
[2]
Editor's Note: Schedule I is included at the end of this chapter.
[1]
Editor's Note: Former § 280-11.1, Opt-out of exemption
for solar, wind and farm waste energy systems, added 7-12-2017 by
L.L. No. 1-2018, was repealed 3-11-2020 by L.L. No. 2-2020.
[Added 7-12-2017 by L.L.
No. 2-2018]
A.
Scope. These regulations relate to small on-site-use wind energy
systems and do not address medium- or large-scale wind turbines or
wind farms which are typically intended to, in whole or substantial
part, sell energy directly to power companies or retail users. Any
non-small wind energy system applications for facilities within the
Town of Tully shall require the grant of a use variance.
B.
Special authorization required; small wind energy system defined. No person, firm or corporation, or other entity being the owner or occupant of any land or premises within the Town of Tully shall use or permit the use of land or premises for the construction of a tower for a small on-site wind-energy collection system without obtaining a special authorization issued by the Tully Joint Planning Board, which procedure includes all required incidental site plans and any subdivision-related actions and, as well, any waivers sought by an applicant as provided at § 280-11.2M hereof. The small wind energy system permitted hereunder is also sometimes referred to as a "small wind energy collection system," "small wind system," "on-site wind energy system," or similar variation, all meaning the system described at § 280-11.2C(1) and the subsections thereof, including without limitation § 280-11.2C(1)(e), following and consisting of a wind energy system serving predominately on-site uses with only incidental surplus energy produced and made available to the public utility grid.
C.
Special authorization criteria.
(1)
In addition to the general criteria for grant of a special authorization established pursuant to Town Code § 280-11.2D(2), the following criteria are hereby established for purposes of granting a special authorization for an on-site-use wind energy conversion system under this chapter:
(a)
Noninterference. Individual on-site-use wind energy conversion
systems shall not be installed in any location along the major axis
of an existing microwave communications operation where its operation
is likely to produce an electromagnetic interference in the link's
operation.
(b)
Proximity to radio, television and telephone systems. Individual
on-site-use wind energy conversion systems shall not be installed
in any location where their proximity interferes with existing fixed
broadcast, retransmission, or reception antennas for radio, television
or wireless phones.
(c)
Scenic viewsheds. All wind energy conversion system's infrastructure
and improvements that are not considered within the definition of
small wind energy systems for on-site residential use of less than
100 feet in height are hereby legislatively determined to be, in many
cases, in view from nearby properties, neighborhoods, communities
and from differing surrounding directions and elevations, visually,
aesthetically and otherwise much less appealing than the preexisting
viewshed, or wholly undesirable. In many cases, even after thoughtful
review, adverse effects are not avoided, i.e., as-built buffering,
screening and the like may be as robust aesthetically or as conceivably
possible even where sometimes at inordinate cost, replacing the preexisting
viewshed from surrounding areas and elevations, including of and from
preexisting scenic vistas, traditional village, hamlet, and Town and
country locations and scenes, and from and to nearby and distant private
properties, from local and interstate vehicle and bicycling transportation
routes, public parks and recreational areas and vast open spaces,
hillsides and other natural greenscapes with, at best, a viewshed
including relatively large mechanical structures with, at best, a
green area consisting of landscape, vegetation and berming which,
regardless, removes only part of the objectionable structure but most
of the former viewshed from sight. It likewise of concern, and the
Town Board's specific finding, that remaining agricultural and open
lands within the Town be protected and recognized as an important
component of the Town, village and surrounding community's potential
for continued stability and desired growth. The foregoing notwithstanding,
it is nevertheless acknowledged and a specific finding of the Town
Board that certain proposed sites may be situate, relative to nearby
relatively or more significantly important properties and areas, such
as public parks, recreational and/or nature preserves, scenic trails,
roads, drives, bicycling and pedestrian ways, hillside and elevated
areas, residentially developed and community centered areas (hamlets)
and numerous and various other culturally, historically, environmentally
and similarly significant and sensitive locations that no measures
taken in connection with development can adequately buffer and screen
from the view of/from not only adjacent, contiguous and nearby parcels,
but also from/to any lands or parcels within or outside the Town having
or potentially having visibility to/from any wind energy system components,
lands, and/or the like. Therefore, all wind energy systems' infrastructure
shall be situate and located in such a manner as to minimize adverse
impacts to surrounding properties. Infrastructure for on-site-use
wind energy conversion systems shall not be installed in any location
that would substantially detract from or block the view of all or
a portion of a recognized scenic viewshed, as viewed from any public
road, right-of-way or publicly owned land within the Town of Tully
or that extends beyond the border of the Town of Tully. For purposes
of this subsection, consideration shall be given to any relevant portions
of the current and/or future officially recognized Town planning document
or resource. Wind energy systems shall be enclosed by a security fence
at a minimum height of eight feet and not exceeding 10 feet in height
and having a lockbox with a key or code in order to permit access
by emergency responders.
(d)
Noise limitations. The level of noise produced during wind turbine
operation shall not exceed 50 dBa beyond the present ambient sound
levels at preconstruction levels, as measured at the boundaries of
the closest parcels that are owned by nonsite owners and that abut
either the site parcels or any other parcels adjacent to the site
held in common by the owner of the site parcel, as those boundaries
exist at the time of the special authorization application. The applicant
will be required to submit technical data to the satisfaction of the
Joint Planning Board as to this requirement. This obligation shall
be a continuing obligation with exceptions only for short-term events
such as utility outages and severe windstorms.
(e)
Height. It is recognized that wind turbines require greater
heights to reach elevations with wind currents reasonably adequate
to generate energy. On-site-use wind energy conversion systems shall
not exceed a total height of 100 feet for single-family residential
applications (less than or equal to 25 kW) and shall not exceed a
total height of 150 feet for nonresidential applications [i.e., farm,
small business, etc. (less than or equal to 125 kW)] from the ground
to the top of the highest point of blade height (tip) as extended
at its highest vertical point, provided that the application includes
specific evidence that the proposed total height does not exceed the
height recommended by the manufacturer or distributor of the on-site-use
wind energy conversion system.
(f)
FAA requirements. If the proposed site is near an airport, seaplane
base, or established flight zone, such wind energy conversion system
must meet all Federal Aviation Administration requirements.
(g)
Ground clearance. The minimum distance between the ground and
any part of the rotor blade must be 30 feet.
(h)
Emergency shutdown/safety. The applicant shall post an emergency
telephone number so that the appropriate entities may be contacted
should any wind turbine need immediate repair or attention. This telephone
number should be clearly visible on a permanent structure or post
located outside of the fall zone of the tower. The location should
be convenient and readily noticeable to someone likely to detect a
problem. Further, no wind turbine shall be permitted which lacks an
automatic braking, governing or feathering system to prevent uncontrolled
rotation, overspeeding, and excessive pressure on the tower structure,
rotor blades, and turbine components or enclosed shelter.
(i)
Lightning protection. All energy towers shall have lightning
protection.
(j)
Ownership. Ownership of the wind energy conversion system must
be the same as the owner of the fee interest in the real property
upon which it is situated. In the event of transfer of ownership of
the premises, the ownership of the wind energy conversion system must
also be transferred to same or the tower must be decommissioned.
(k)
Utility service. All power lines from the wind turbines to on-site
interconnection equipment shall be located underground and installed
by certified professionals and must meet all applicable national,
state and local electrical codes.
(l)
Lighting. No on-site-use wind energy conversion systems under
this provision shall be artificially lighted, unless so required by
the FAA. Use of nighttime and overcast daytime conditions stroboscopic
lighting to satisfy tower facility lighting requirements for the Federal
Aviation Administration may be subject to on-site field testing before
the Joint Planning Board as a prerequisite to the Board's approval,
with specific respect to existing residential uses within 2,000 feet
of each tower for which such strobe lighting is proposed.
(m)
Access road. To the greatest extent possible, existing roadways
shall be used for access to the site and its improvements. In the
case of constructing any roadways necessary to access the wind energy
conversion system (WECS), they shall be constructed in a way that
allows for the passage of emergency vehicles in the event of an emergency.
Each application shall be accompanied by correspondence from the responding
Fire Department and emergency care provider as to the acceptability
of the proposed ingress to and egress from the tower.
(n)
Security/anticlimb device. The design of each device shall not
allow for climbing by the public for a minimum height of 15 feet from
the ground.
(o)
Decommissioning. The applicant shall submit to the Town Board,
with copy to the Joint Planning Board, a letter of intent committing
the owner, and his or her successors in interest, to notify the Building
Inspector within 30 days of the discontinuance of the use of the on-site-use
wind energy conversion system. This letter of intent shall be filed
with the Building Inspector 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. 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 on-site-use wind-energy-deriving tower and accessory
structures shall be placed as a lien on the property owner's tax bill.
In addition, a reclamation bond shall be filed with the Town Clerk
to cover the costs of reclamation of the tower. Should the wind energy
conversion system be nonoperational for any continuous six-month period,
the approvals granted shall be deemed void, and the wind energy conversion
system shall be decommissioned, subject to a new approval under this
section. Such bond shall be in place prior to the issuance of a building
permit.
(p)
Setbacks. Wind energy conversion systems shall comply with all
setbacks within the affected zone. However, in addition, all on-site
use wind energy conversion systems shall be set back a distance equal
to the height of the tower plus the blade length plus an additional
25 feet from all property lines, public roads, power lines and preexisting
and future structures. Additional setbacks may be required by the
Joint Planning Board in order to provide for the public's safety,
health and welfare, including the possibility of ice thrown from the
blades.
(2)
Public hearing. No action shall be taken by the Joint Planning
Board to issue a special authorization or by the Zoning Board of Appeals
to grant a variance in relation to an application for an on-site-use
wind energy system until after public notice and a public hearing.
Proper notice of a hearing before the Planning Board shall be given
by legal notice published in the official newspaper of the Town of
Tully at least five days before the date set for such public hearing(s)
and by 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 500 feet of the outside perimeter of the boundary
line of the property involved in the application of the time, date
and place of such public hearing 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 tax records
of the Town Assessor or at the property address if that is the address
listed thereon. At least five days prior to such hearing, the applicant
shall file with the board his/her affidavit verifying the mailing
of such notices. Failure of the property owners to receive such notice
shall not be deemed a jurisdictional defect. Proceedings before the
Zoning Board of Appeals shall be as required for variance applications
under the Town Law and, if applicable, any Town Code provisions. The
notice to nearby property owners required for a variance shall be
the responsibility of the applicant.
(3)
Waiver. The Joint Planning Board may, upon exercise of its reasonable discretion, waive one or more of the submission requirements imposed herein and certain substantive requirements pursuant to § 280-11.2M hereof. Relief from other height, location, area or dimensional requirements must be made by grant of an area or use variance from the Zoning Board of Appeals.
D.
Submission requirements.
(1)
The following submission requirements must be observed regarding a special authorization application. The reviewing board may require any of the submission requirements under Chapter 280 governing site plan applications to be submitted as part of the application:
(a)
A completed application form as supplied by the Town of Tully
for special authorization approval for a small wind energy conversion
system.
(b)
Proof of ownership of the premises involved or proof that the
applicant has written permission of the owner to make such application.
(c)
A plot plan and development plan drawn in sufficient detail,
as prepared by a licensed engineer or surveyor, clearly describing:
[1]
Property lines and physical dimensions of the proposed
site, including contours at five-foot intervals.
[2]
Location, approximate dimensions and types of all
existing structures and uses on the site.
[3]
Location and elevation of the proposed on-site-use
wind energy conversion system.
[4]
Location of all existing aboveground utility lines
and other on-site-use wind energy conversion systems within 1,200
linear feet of the site.
[5]
Location and size of structures or trees above
35 feet within a five-hundred-foot radius of the proposed on-site-use
wind energy conversion system.
[6]
Where applicable, the location of all transmission
facilities proposed for installation.
[7]
Location of all roads and other service structures
proposed as part of the installation.
[8]
Landscape plan showing all existing natural land
features, trees, forest cover and all proposed changes to these features,
including size and type of plant material.
[9]
Soil type at construction site.
(d)
Yard placement. All wind energy systems shall be located and
placed in rear yards and upon yards in an appropriate manner to accomplish
the goals and criteria as hereinafter provided.
(e)
Color. Neutral paint colors (grays) may be required to achieve
visual harmony with the surrounding area.
(f)
Applications shall demonstrate that there will be no adverse
impact on migratory bird patterns.
(g)
In no event shall more than one on-site-use wind energy system
be granted for a residential lot, unless a use variance is obtained
from the Zoning Board of Appeals.
(h)
All applications shall be accompanied by a full environmental
assessment form, including a visual impact analysis. The following
additional material may be required by the Planning Board:
[1]
A digital-elevation-model-based project visibility
map showing the impact of topography upon visibility of the project
from other locations, to a distance radius of three miles from the
center of the project. Scaled use shall depict a three-mile radius
as not smaller than 2.7 inches, and the base map shall be a published
topographic map showing cultural features.
[2]
No fewer than eight and as many as 16 color photos
taken from locations within a three-mile radius from the proposed
location, as selected by the Planning Board and computer-enhanced
to simulate the appearance of the as-built aboveground site facilities
as they would appear from these locations.
(2)
Review criteria. In addition to the above, no special authorization
shall be approved unless the Planning Board determines that the proposed
on-site-use wind energy system complies with the following:
(a)
The use is oriented in its location upon the site as to layout,
coverage, screening, means of access and aesthetics so that:
[1]
The flow control and safety of traffic and human
beings shall not be adversely affected to an unreasonable degree;
[2]
There is reasonable compatibility in all respects
with any structure or use in the neighborhood, actual or permitted,
which may be directly substantially affected;
[3]
There should not be any unreasonable detriment
to any structure or use, actual or permitted, in the neighborhood;
and
[4]
There is a reasonable provision for open space,
yards and recreation areas appropriate to the structure and use.
E.
Compliance with Uniform Building Code.
(1)
Building permit applications shall be accompanied by standard
drawings of structural components of the on-site-use wind energy conversion
system, including support structures, tower, base and footings. Drawings
and any necessary calculations shall be certified, in writing, by
a New York State registered professional engineer that the system
complies with the New York State Fire Prevention and Building Code.
This certification would normally be supplied by the manufacturer.
(2)
Where the structure, components or installation vary from the
standard design or specification, the proposed modification shall
be certified by a New York State registered professional engineer
for compliance with the seismic and structural design provisions of
the New York State Fire Prevention and Building Code.
F.
Compliance with state, local and national electric codes.
(1)
Building permit applications shall be accompanied by a line
drawing identifying the electrical components of the wind system to
be installed in sufficient detail to allow for a determination that
the manner of installation conforms with the National Electric Code.
The application shall include a statement from a New York State registered
professional engineer indicating that the electrical system conforms
with good engineering practices and complies with the National Electric
Code, as well as applicable state and local electrical codes. This
certification would normally be supplied by the manufacturer. All
equipment and materials shall be used or installed in accordance with
such drawings and diagrams.
(2)
Where the electrical components of an installation vary from
the standard design or specifications, the proposed modifications
shall be reviewed and certified by a New York State registered professional
engineer for compliance with the requirements of the National Electric
Code and good engineering practices.
G.
Guy wires. Anchor points for guy wires for the on-site-use wind energy
conversion system tower shall be located within property lines and
not on or across any aboveground electric transmission distribution
lines.
H.
Insurance. The applicant, owner, lessee or assignee shall maintain
a current insurance policy which will cover installation and operation
of the on-site-use wind energy conversion system at all times. Said
policy shall provide a minimum of $300,000 property and personal liability
coverage and shall provide for written notice to the Town of Tully
of not less than 20 days in advance of any expiration, cancellation
or material modification of such coverages.
I.
Inspections. The Building Inspector and/or Town Engineer shall have
the right at any reasonable time to enter, in the company of the owner
or his agent, the premises on which a wind energy conversion system
is being or is constructed, to inspect all parts of said wind energy
conversion system installation and require that repairs or alterations
be made if, in his judgment, there exists a deficiency in the operation
or the structural stability of the system. If necessary, the Building
Inspector or Town Engineer may order the system secured or to otherwise
cease operation. It shall not be required that the owner or agent
be present in the event of an emergency situation involving danger
to life, limb or property.
J.
Districts where allowed. Subject to the issuance of a special authorization
as required hereunder, wind energy conversion systems permitted hereunder
are allowed in all zoning districts in the Town.
K.
Power to impose conditions. In granting any special authorization
or variance for an on-site-use wind energy conversion system, the
Joint Planning Board or Zoning Board of Appeals, as the case may be,
may impose reasonable conditions to the extent such Board finds that
certain conditions are necessary to minimize any adverse effect or
impacts of the proposed use on neighboring properties or the surrounding
community.
L.
Fees. Fees for applications and permits under this section are as
established by resolution of the Town Board of the Town of Tully from
time to time as part of its Fee Schedule. All applications shall be
subject to the requirements of the Town of Tully Code, professional
fees reimbursement and similar provisions under the Town Zoning or
Subdivision Code provisions requiring the payment and/or reimbursement
of the Town's professional fees incurred in connection with the application
or any violation or enforcement actions, including, specifically,
the requirement of execution of a professional fees reimbursement
agreement and deposits, as necessary, of escrows for same.
M.
Waiver. The Planning Board may, under appropriate circumstances, waive one or more of the submission requirements contained herein and, as well, in connection with review and issuance of a special authorization for wind energy systems, the Planning Board shall have the authority to waive the strict application of any of the area, height, location or dimensional requirements under Chapter 280 or this § 280-11.2. Such waiver(s) may be granted only after consideration of the following:
(1)
Whether the granting of such waiver(s) will result in an undesirable
change in neighborhood or community, local area character or to adjacent,
contiguous, nearby and/or other area properties the project site is
or will be within the viewshed of.
(2)
Whether the granting of any such waiver(s) will result in any
adverse physical or environmental effects.
(3)
Whether there are any feasible alternatives to the granting
of the requested waiver(s) in order for the applicant to realize the
same or substantially similar benefit(s).
(4)
Whether the requested waiver(s) is/are substantial in nature,
i.e., if such request is the minimal necessary to achieve the desired
benefit.
(5)
Whether there are any conditions that can or should be imposed
in connection with the grant of a waiver(s) to minimize or nullify
any adverse impacts or effects.
(6)
In connection with consideration of a waiver, and as part of
any special authorization issued, the Planning Board may impose such
conditions as it deems reasonable and/or necessary to address the
foregoing.
(7)
Application of the foregoing criteria shall be limited to consideration of the waiver requested as compared to the requirements set forth under § 280-11.2C and D2. The criteria may be considered singularly and/or collectively and subjectively, such that failure to satisfy or otherwise favorably address any specific criterion or number of criteria shall not necessarily warrant denial or approval of a requested waiver; and
(8)
The Planning Board shall make specific findings within the resolution
authorizing or denying a waiver(s), addressing each of the foregoing
criteria.
(9)
The denial or grant of a waiver shall not prohibit the appeal from such Planning Board grant or denial to the Town Zoning Board of Appeals; provided, however, any grant of relief from the Zoning Board of Appeals shall be subject to § 280-11.2N following. Alternatively, the applicant or Planning Board may request a stay of proceedings at any time in order to seek such appeal based upon an informal advisement from the Planning Board to the applicant on the issue of a proposed waiver or need for assistance in this regard. In such event, the applicant shall execute and deliver to the Planning Board a request for such referral, stay and waiver of any claim from delay in proceedings resulting therefrom.
N.
Zoning Board of Appeals variance review. Any decision by the Zoning
Board of Appeals to grant a variance shall not in any other way be
deemed to affect the applicability of any provision of the Zoning
Code, Planning Board authorization and approval issued hereunder,
or any other Town Code provision applicable to the applicant's plan
or project. If the application or provisions of any variance significantly
changes the plan or application submitted to the Planning Board and
upon which the special authorization and approval was granted, the
same shall be deemed inoperative until reviewed by the Planning Board
to determine what, if any, changes to the previously approved authorization
and/or site plan may be required as a result of the variance grant.
This provision shall not be operative if the applicant has sought
review by the Zoning Board of Appeals prior to any Planning Board
approvals.
O.
SEQRA determination. All applications for small wind energy systems in excess of 100 feet in height, as described at § 280-11.2, shall be a Type 1 action pursuant to the State Environmental Quality Review Act. A long SEQRA EAF form with a visual impacts addendum shall be submitted with an application.
[Added 2-27-2020 by L.L. No. 1-2020[1]]
A.
Authority. This solar energy section is adopted pursuant to §§ 261
through 263 of the Town Law and § 20 of the Municipal Home
Rule Law of the State of New York, which authorize the Town to adopt
zoning provisions that advance and protect the health, safety and
welfare of the community and, in accordance with the Town Law of New
York State, to make provision for, so far as conditions may permit,
the accommodation of solar energy systems and equipment and access
to sunlight necessary therefor.
B.
Statement of purpose. This solar energy section is adopted to advance
and protect the public health, safety, and welfare of the Town by
creating regulations for the installation and use of solar-energy-generating
systems and equipment, with the following objectives:
(1)
To take advantage of a safe, abundant, renewable and nonpolluting
energy resource;
(2)
To decrease the cost of electricity to the owners of residential
and commercial properties, including single-family houses;
(3)
To increase employment and business development in the Town,
to the extent reasonably practical, by furthering the installation
of solar energy systems;
(4)
To mitigate the impacts of solar energy systems on environmental
resources such as important agricultural lands, forests, wildlife,
and other protected resources; and
(5)
To maintain the rural character of the Town of Tully and to
intergrate solar energy usage in the Town in such a way as to minimize
the visual impact on the community.
C.
BUILDING-INTEGRATED SOLAR ENERGY SYSTEM
FARMLAND OF STATEWIDE IMPORTANCE
GLARE
GROUND-MOUNTED SOLAR ENERGY SYSTEM
NATIVE PERENNIAL VEGETATION
POLLINATOR
PRIME FARMLAND
QUALIFIED SOLAR INSTALLER
ROOF-MOUNTED SOLAR ENERGY SYSTEM
SOLAR ACCESS
SOLAR ENERGY EQUIPMENT
SOLAR ENERGY SYSTEM
(1)
(2)
(3)
SOLAR PANEL
STORAGE BATTERY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A combination of solar panels and solar energy equipment
integrated into any building envelope system, such as vertical facades,
semitransparent skylight systems, roofing materials, or shading over
windows, which produce electricity for on-site consumption.
Land, designated as "farmland of statewide importance" in
the U.S. Department of Agriculture Natural Resources Conservation
Service's (NRCS) Soil Survey Geographic (SSURGO) Database on Web Soil
Survey, that is of statewide importance for the production of food,
feed, fiber, forage, and oil seed crops as determined by the appropriate
state agency or agencies. Farmland of statewide importance may include
tracts of land that have been designated for agriculture by state
law.
The effect by reflections of light with intensity sufficient,
as determined in a commercially reasonable manner, to cause annoyance,
discomfort, or loss in visual performance and visibility in any material
respects.
A solar energy system that is anchored to the ground via
a pole or other mounting system, detached from any other structure,
that generates electricity for on-site or off-site consumption.
Native wildflowers and grasses that serve as habitat, forage,
and migratory way stations for pollinators and shall not include any
prohibited or regulated invasive species as determined by the New
York State Department of Environmental Conservation.
Bees, birds, bats, and other insects or wildlife that pollinate
flowering plants, and includes both wild and managed insects.
Land, designated as "prime farmland" in the U.S. Department
of Agriculture Natural Resources Conservation Service's (NRCS) Soil
Survey Geographic (SSURGO) Database on Web Soil Survey, that has the
best combination of physical and chemical characteristics for producing
food, feed, forage, fiber, and oil seed crops and is also available
for these land uses.
A person who has the skills and knowledge related to the
construction and operation of solar energy systems. Persons who are
on the list of eligible photovoltaic installers maintained by NYSERDA,
or who are certified by NABCEP, shall be deemed to be qualified. Persons
who are not on either of these lists may be deemed qualified if the
Town Code Officer determines that they have adequate training and
experience to perform the installation safely.
A solar energy system located on the roof of any legally
permitted building or structure that produces electricity for on-site
or off-site consumption.
Space open to the sun and clear of overhangs or shade so
as to permit the use of active and/or passive solar energy systems
on individual properties.
Electrical material, hardware, inverters, conduit, storage
devices, or other electrical and photovoltaic equipment associated
with the production of electricity.
The components and subsystems required to convert solar energy
into electric energy suitable for use. The term includes, but is not
limited to, solar panels and solar energy equipment. The area of a
solar energy system includes all the land inside the perimeter of
the solar energy system, which extends to any interconnection equipment.
A solar energy system is classified as a Tier 1, Tier 2, or Tier 3
solar energy system as follows:
Tier 2 solar energy systems are ground-mounted solar energy
systems that are affixed to the ground either directly or by mounting
devices and are not attached or affixed to a building or structure.
All applications for Tier 2 solar energy systems are reviewed and
approved or denied by the Town Planning Board.
Tier 3 solar energy systems are systems that are not included
in the list for Tier 1 and Tier 2 solar energy systems. All applications
for Tier 3 solar energy systems are approved or denied by the Town
Board after review of the application, including the site plan application,
by the Planning Board and after the Planning Board has filed an advisory
report to the Town Board. This report must be filed with the Town
Board within 45 days of the completed application being filed with
the Town or such additional time as may be deemed appropriate by the
Town Board.
A photovoltaic device capable of collecting and converting
solar energy into electricity.
A device that stores energy and makes it available in an
electrical form.
D.
Applicability.
(1)
The requirements of this section shall apply to all solar energy
systems permitted, installed, or modified in the Town after the effective
date of this section, excluding general maintenance and repair.
(2)
Solar energy systems constructed or installed prior to the effective
date of this section shall not be required to meet the requirements
of this section.
(3)
Modifications to an existing solar energy system that increase
the solar energy system area by more than 5% of the original area
of the solar energy system (exclusive of moving any fencing) shall
be subject to this section.
(4)
All solar energy systems shall be designed, erected, and installed
in accordance with all applicable codes, regulations, and industry
standards as referenced in the New York State Uniform Fire Prevention
and Building Code ("Building Code"), the New York State Energy Conservation
Code ("Energy Code"), and the Town Code.
E.
General requirements.
(1)
A building permit shall be required for installation of all
solar energy systems and, installation must be performed by a qualified
solar installer as approved by the Town Codes Officer.
(2)
Solar energy systems, unless a part of a Tier 3 solar energy
system, shall be permitted to provide for power for use by owners,
lessees, tenants, residents or other occupants of the premises on
which they are erected, but nothing contained in this provision shall
be construed to prohibit the sale of excess power through a net metering
arrangement in accordance with the New York Public Service Law or
similar state or federal statute. However, solar energy systems applications
in a residential setting and serving residential use on a single parcel
or lot shall be limited to 25 kW and 110% of energy consumed on the
site in the prior 12 months. Solar energy system applications serving
a commercial or industrial use shall be limited to no more than 110%
of the energy consumed on the site in the prior 12 months.
(3)
Issuance of permits and approvals by the Town Board and Codes
Officer shall include review pursuant to the State Environmental Quality
Review Act ECL Article 8 and its implementing regulations at 6 NYCRR
Part 617 ("SEQRA").
(4)
Prior to operation, electrical connections must be inspected
by an appropriate licensed electrical inspection person or agency,
as determined by the Town. An electrical inspector must supply written
verification that all electrical connections pass inspection.
(5)
Connection to the public utility grid must be inspected by the
appropriate public utility, and proof of inspection shall be provided
to the Town.
(6)
Solar energy systems shall be permitted only if they are determined
by the Town not to present any unreasonable safety risk, including
but not limited to weight load, resistance and ingress and egress
in the event of fire or other emergency.
(7)
Also energy systems shall comply with all relevant and applicable
provisions of the New York State Uniform Fire Prevention and Building
Code Standards.
(8)
If storage batteries are included as part of the solar energy
system, they must be placed in a secure container or enclosure under
the requirements of the New York State Uniform Fire Prevention and
Building Code when in use, and when no longer in use shall be disposed
of in accordance with the laws and regulations of the Town and other
applicable laws and regulations.
(9)
All utility services and electrical wiring/lines shall be placed
underground and otherwise be placed within the walls or unobstructive
conduit. Conduits or feeds which are laid on the roof shall be camouflaged
to blend in with the roof and reduce statically objectionable impacts.
(10)
If solar energy systems, except for Tier 3 systems which have
separate regulations under this section, cease to perform their originally
intended function for more than 12 consecutive months, the property
owner shall completely remove the system, mounts and all associated
equipment and components by no later than 90 days after written notice
from the Town. The zoning enforcement officer shall have the right,
at any reasonable time after notice, to enter in company of the owner
or his agent to ensure that the solar energy system remains operational.
(11)
Design, construction, operation and maintenance of the solar
energy system shall prevent direction, misdirection and/or reflection
of solar arrays and/or glare onto neighboring properties, public roads,
public parks and public buildings.
(12)
Prior to the time of the issuance of a solar building permit,
the applicant/owner shall demonstrate to the code enforcement officer
a reliable and safe master method for the deenergizing of the solar
energy system in the event of an emergency.
F.
Permitting requirements for Tier 1 solar energy systems. All Tier
1 solar energy systems shall be permitted in all zoning districts
and shall be exempt from site plan review under this section, subject
to the following conditions for this type of solar energy system:
(1)
Roof-mounted solar energy systems.
(a)
Roof-mounted solar energy systems shall incorporate the following
design requirements:
[1]
Solar panels on pitched roofs shall be mounted
with a maximum distance of eight inches between the roof surface and
the highest edge of the system.
[2]
Solar panels on pitched roofs shall be installed
parallel to the roof surface on which they are mounted or attached.
[3]
Solar panels on pitched roofs shall not extend
higher than the highest point of the roof surface on which they are
mounted or attached.
[4]
Solar panels on flat roofs shall not extend above
the top of the surrounding parapet, or more than 24 inches above the
flat surface of the roof, whichever is higher.
[5]
Solar energy systems, to the extent possible, shall
have neutral paint colors to achieve harmony with the surrounding
area.
(b)
Glare: All solar panels shall have anti-reflective coating(s).
(2)
Building-integrated solar energy systems shall be shown on the
plans submitted for the building permit application for the building
containing the system.
G.
Permitting requirements for Tier 2 solar energy systems.
(1)
Districts where allowed. Tier 2 solar energy systems are permitted
in all districts.
(a)
A solar/building permit and special use permit from the Planning
Board shall be required for the installation of all ground-mounted
solar energy systems.
(b)
Front yards.
[1]
Ground-mounted solar energy systems are prohibited
in front yards. In addition, ground-mounted solar energy systems shall
comply with the most restrictive area, yard and total area/lot coverage
restrictions based on the specific zoning regulation in each applicable
zoning district in which the ground-mounted solar system is constructed.
Further, additional setbacks and yard requirements in total area/lot
coverage restrictions may be required by the Planning Board in order
to protect the public safety, health and welfare.
[2]
A front yard, for the purposes of this section,
is defined as a line drawn parallel to the highway drawn on a point
from the corner of the residence or principal structure on the structure
closest to the highway.
(c)
Ground-mounted solar energy systems shall only be permitted
on lots which are 20,000 square feet or larger.
(d)
The height of solar collector/panels in any amounts shall not
exceed 10 feet in height in R-1, R-2 and R-3 Districts and 15 feet
in A-1, A-2, B-1, Industrial and Commercial Districts when orientated
at the maximum tilt measured from the ground, including any base.
(e)
As a part of the special use permit review process, the Planning
Board will determine that a ground-mounted solar energy system shall
be screened to the extent possible from adjoining lots and street
rights-of-way through the use of architectural features, earth berms,
landscaping, fencing or other screen which will harmonize with the
character of the property and the surrounding area.
(f)
The ground-mounted solar energy system shall be located in a
manner to minimize view blockage reasonably for surrounding properties
and shading of property while still providing adequate solar access
for the solar energy system.
(g)
Neither the ground-mounted solar energy system nor any component
thereof shall be cited within any required buffer area, easement,
right-of-way or setback.
(h)
No special use permit shall be issued by the Planning Board
unless they determine that the proposed activity will:
H.
Permitting requirements for Tier 3 solar energy systems. All Tier
3 solar energy systems are permitted through the issuance of a special
use permit within all zoning districts; however, and in R-1, R-2,
and R-3 Districts, the minimum lot size for any Tier 3 solar energy
system shall be 100 acres, and all systems are subject to the site
plan application requirements set forth in this section. In the granting
of a special use permit, the Town Board will strive to permit the
location of Tier 3 solar energy systems in such a manner so that no
one area or neighborhood in the Town would be over-burdened by the
placement of Tier 3 solar energy systems.
(1)
Applications for the installation of Tier 3 solar energy system
shall be:
(a)
Reviewed by the Code Enforcement Officer for completeness. Applicants
shall be advised within 15 business days of the completeness of their
application or any deficiencies that must be addressed prior to substantive
review.
(b)
Subject to a public hearing to hear all comments for and against
the application. The Town Board shall have a notice printed in a newspaper
of general circulation in the Town at least 10 days in advance of
such hearing. Applicants shall have delivered the notice by first-class
mail to adjoining landowners or landowners within 400 feet of the
property at least 10 days prior to such a hearing. Proof of mailing
shall be provided to the Town Board at the public hearing.
(c)
Referred to the County Planning Department pursuant to General
Municipal Law § 239-m and the Town Planning Board for site
plan review and advisory report.
(d)
Upon closing of the public hearing, the Town Board shall take
action on the application within 62 days of the public hearing, which
can include approval, approval with conditions, or denial. The sixty-two-day
period may be extended upon consent by both the Town Board and applicant.
(2)
Underground requirements. 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.
(3)
Vehicular paths. Vehicular paths within the site shall be designed
to minimize the extent of impervious materials and soil compaction.
(4)
Signage.
(a)
No signage or graphic content shall be displayed on the solar
energy systems except the manufacturer's name, equipment specification
information, safety information, and twenty-four-hour emergency contact
information. Said information shall be depicted within an area no
more than eight square feet.
(b)
As required by the National Electric Code (NEC), 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.
(5)
Glare. All solar panels shall have anti-reflective coating(s).
(6)
Lighting. Lighting of the solar energy systems shall be limited
to that minimally required for safety and operational purposes and
shall be reasonably shielded and downcast from abutting properties.
(7)
Tree-cutting. Removal of existing trees larger than six inches
in diameter should be minimized to the extent possible.
(8)
Decommissioning.
(a)
Solar energy systems that have been abandoned for one year and/or
are not producing electricity for a period of one year at least 50%
of its intended usage, shall be removed at the owner's and/or operator's
expense which, at the owner's option, may come in part or whole from
any security made with the Town.
(b)
A decommissioning plan signed by the owner and/or operator of
the solar energy system shall be submitted by the applicant, addressing
the following:
[1]
The cost of removing the solar energy system.
[2]
The time required to decommission and remove the
solar energy system from any ancillary structures.
[3]
The time required to repair any damage caused to
the property by the installation and removal of the solar energy system.
[4]
The Town at its option may obtain its own decommissioning
plan, the cost of which shall be paid for by the applicant.
(c)
Security, assessment of expenses and insurance.
[1]
The deposit, executions, or filing with the Town
Clerk of cash, bond, or other form of security reasonably acceptable
to the Town attorney and/or engineer, shall be in an amount sufficient
to ensure the good-faith performance of the terms and conditions of
the permit issued pursuant hereto and to provide for the removal and
restorations of the site subsequent to removal. The amount of the
bond or security shall be 125% of the cost of removal of the Tier
3 solar energy system and restoration of the property with an escalator
of 2% annually for the life of the solar energy system.
[2]
In the event of default upon performance of such
conditions, after proper notice and expiration of any cure periods,
the cash deposit, bond, or security shall be forfeited to the Town,
which shall be entitled to maintain an action thereon. The cash deposit,
bond, or security shall remain in full force and effect until restoration
of the property as set forth in the decommissioning plan is completed.
The Town may also bring legal action action against the applicant
for any unrecovered losses.
[4]
Any expenses or losses incurred by the Town and
not reimbursed by any security in connection with the cost of removal
of abandoned equipment or other related items and legal fees and expenses
shall be levied and collected in the same manner as provided in the
Town Law for the levy and collection of a special ad valorem levy
on the real property on which the solar energy system is located.
This assessment shall be assessed on the next assessment against said
property, and the same shall be levied and collected in the same manner
as the regular Town tax.
[5]
Insurance. The applicant and/or owner shall maintain
a current insurance policy which will cover the installation and operation
of the Tier 3 project at all times in the minimum amount of $5,000
property and personal liability coverage and provide proof of such
policy to the Town on an annual basis.
I.
Site plan application. For any solar energy system requiring a special
use permit, site plan approval shall be required. Any site plan application
shall include the following information:
(1)
Property lines and physical features, including roads, and all
improvements for the project site as shown on a current survey prepared
and signed by a licensed surveyor.
(2)
Proposed changes to the landscape of the site, grading, vegetation
clearing and planting, exterior lighting, and screening vegetation
or structures.
(3)
A one- or three-line electrical diagram detailing the solar
energy system layout, solar collector installation, associated components,
and electrical interconnection methods, with all National Electrical
Code-compliant disconnects and over-current devices.
(4)
A preliminary equipment specification sheet that documents all
proposed solar panels, significant components, mounting systems, and
inverters that are to be installed. A final equipment specification
sheet shall be submitted prior to the issuance of a building permit.
(5)
Name, address, and contact information of the proposed or potential
system installer and the owner and/or operator of the solar energy
system. Such information of the final system installer shall be submitted
prior to the issuance of a building permit.
(6)
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 solar energy system.
(7)
Zoning district designation for the parcel(s) of land comprising
the project site.
(8)
Property Operation and Maintenance Plan. Such plan shall describe
continuing photovoltaic maintenance and property upkeep, such as mowing
and trimming.
(9)
Erosion and sediment control and stormwater management plans
prepared to New York State Department of Environmental Conservation
standards, if applicable, and to such standards as may be established
by the Planning Board.
(10)
Prior to the issuance of the building permit or final approval
by the Town Board, engineering documents must be signed and sealed
by a New York State (NYS) licensed professional engineer or NYS registered
architect.
(11)
The Planning Board shall complete site plan review within 45
days from the receipt of all relevant and required documents from
the applicant and, for Tier 3 applications, forward its report with
any recommendations to the Town Board unless the time is extended
by the Town Board.
(12)
Special and additional requirements for all Tier 3 applications:
(a)
Plans and drawings of the proposed Tier 3 installation signed,
marked and/or stamped by a professional engineer or architect registered
in New York State showing the proposed layout of the entire solar
farm along with a description of all components whether on-site or
off-site, existing vegetation and proposed clearing and grading of
all sites involved. Clearing and/or grading activities are subject
to review by the Town Board and shall not commence until the issuance
of site plan approval. The plans and development plan shall be drawn
in sufficient detail and shall further describe:
[1]
Property lines and physical dimensions of the proposed
site, including contours at five-foot intervals.
[2]
Location, approximate dimensions and types of all
existing structure(s) and uses on the site.
[3]
Location and elevation of the proposed Tier 3 installation.
[4]
Location of all existing aboveground utility lines
showing the connection of the system to the utility line within 1,200
linear feet of the site.
[5]
Where applicable, the location of all transmission
facilities proposed for installation. All transmission lines and wiring
associated with a Tier 3 project shall be buried underground and include
necessary encasements in accordance with the National Electric Code
and Town requirements. The Town Board may recommend waiving this requirement
if sufficient engineering data is submitted by the applicant demonstrating
that underground transmission lines are not feasible or practical.
The applicant is required to show the locations of all proposed overhead
electric utility/transmission lines, including substations and junction
boxes and other electrical components for the project on the site
plan. All transmission lines and electrical wiring shall be in compliance
with the public utility company's requirements for interconnection.
Any connection to the public utility grid must be inspected by the
appropriate public utility.
[6]
Location of all service structures proposed as
part of the installation and primary equipment sheds.
[7]
Landscape plan showing all existing natural land
features, trees, forest cover and all proposed changes to these features,
including size and type of plant material. The plan shall show any
trees and/or vegetation which is proposed to be removed for purposes
of providing greater solar access. Removal of existing trees larger
than six inches in diameter shall be minimized to the greatest extent
possible.
[8]
A berm, landscape screen, or any other combination
acceptable to the Town capable of screening the site, shall be provided
along any property line as may be required by the Planning Board during
review.
[9]
Soil type(s) at the proposed site.
[10]
Photographic simulations shall be included showing
the proposed solar farm along with elevation views and dimensions
and manufacturer's specifications and photos of the proposed solar
energy systems, solar collectors, solar panels and all other components
comprising the Tier 3 project.
[11]
Prior to the issuance of a solar/building permit,
certification from a professional engineer or architect registered
in New York State indicating that the building or structure to which
a solar panel or solar energy system is affixed is capable of handling
the loading requirements of the solar panel or solar energy system
and various components.
[12]
Documentation of access to the project site(s),
including location of all access roads, gates, parking areas, etc.
[13]
A plan for clearing and/or grading of the site
and a stormwater pollution prevention plan (SWPPP) for the site.
[14]
Documentation of utility notification, including
an electric service order number.
[a]
The manufacturer's or installer's identification and appropriate
warning signage shall be posted at the site and be clearly visible.
[15]
Solar energy systems shall be marked in order
to provide emergency responders with appropriate warning and guidance
with respect to isolating the electric systems. Materials used for
marking shall be weather resistant. The marking shall be placed adjacent
to the main service-disconnect location clearly visible from the location
where the lever is operated.
[16]
The height of the solar panel array shall conform
to the height restrictions for an accessory structure in the applicable
zoning district, but in no case shall exceed 15 feet measured from
the ground, and including any base or supporting materials. Neutral
paint colors, materials and textures may be required for Tier 3 project
components, buildings and structures to achieve visual harmony with
the surrounding area.
[17]
The design, construction, operation and maintenance
of the solar energy system shall prevent the direction, misdirection
and/or reflection of solar rays and/or glare onto neighboring properties,
public roads, public parks and public buildings.
[18]
Artificial lighting of solar arms shall be limited
to lighting required for safety and operational purposes, shall be
shielded from all neighboring properties and public roads.
[19]
Noise. To the extent possible, all equipment that
produces noise shall be placed in the center of the solar array. Further,
and at the property line of any solar energy system, the noise level
shall not exceed 60 dB.
J.
Special use permit.
(1)
Lot size.
(a)
The property on which a Tier 3 solar energy system is placed
shall meet the lot size requirements of the underlying zoning district
except that in R-1, R-2 and R-3 Districts, a minimum of 100 acres
is required.
(b)
Tier 2 solar energy systems are only permitted on lots which
are 20,000 square feet or larger.
(2)
Setbacks.
(a)
All Tier 3 solar energy systems shall be set back at least 100
feet from all property lines unless the solar energy system crosses
multiple lots, then 100 feet from the exterior perimeter of the combined
lots.
(b)
Tier 2 setbacks are as permitted in the Code except as modified by Subsection G(1)(b)[1] of this section.
(4)
Lot coverage.
(a)
The following components of a Tier 3 solar energy system shall
be considered included in the calculations for lot coverage requirements:
[1]
Foundation systems, typically consisting of driven
piles or monopoles or helical screws with or without small concrete
collars.
[2]
All mechanical equipment of the solar energy system,
including any pad-mounted structure for batteries, switchboard, transformers,
or storage cells.
[3]
Paved access roads servicing the solar energy system.
[4]
All area within the fenced-in perimeter.
(b)
Lot coverage of Tier 3 solar energy system, as defined above,
shall not exceed 75% of the lot.
(c)
Lot coverage for Tier 2 solar energy systems shall not exceed the maximum lot coverage requirement of the underlying zoning district except as modified by Subsection G(1)(b)[1] of this section.
(5)
Fencing requirements. All mechanical equipment, including any
structure for storage batteries, shall be enclosed by a seven-foot-high
fence, as required by NEC, with a self-locking gate to prevent unauthorized
access.
(6)
Screening and visibility.
(a)
Solar energy systems smaller than 10 acres shall have views
minimized from adjacent properties to the extent reasonably practicable
using architectural features, earth berms, landscaping, or other screening
methods that will harmonize with the character of the property and
surrounding area.
(b)
Solar energy systems larger than 10 acres shall be required
to:
[1]
Conduct a visual assessment of the visual impacts
of the solar energy system on public roadways and adjacent properties.
At a minimum, a line-of-sight profile analysis shall be provided.
Depending upon the scope and potential significance of the visual
impacts, additional impact analyses, including, for example, a digital
viewshed report, may be required to be submitted by the applicant.
[2]
Submit a screening and landscaping plan to show
adequate measures to screen through landscaping, grading, or other
means so that views of solar panels and solar energy equipment shall
be minimized as reasonably practical from public roadways and adjacent
properties to the extent feasible.
[a]
The screening and landscaping plan shall specify
the locations, elevations, height, plant species, and/or materials
that will comprise the structures, landscaping, and/or grading used
to screen and/or mitigate any adverse aesthetic effects of the system,
following the applicable rules and standards established by the Town.
K.
Agricultural resources. For projects located on agricultural lands:
(1)
The Town Board on any Tier 3 solar energy system located on
the areas that consist of prime farmland or farmland of statewide
importance shall give special consideration to the removal of such
farmland in granting a special use permit under this section.
(2)
To the maximum extent practicable, Tier 3 solar energy systems
located on prime farmland shall be constructed in accordance with
the construction requirements of the New York State Department of
Agriculture and Markets.
(3)
Tier 3 solar energy system owners shall develop, implement,
and maintain native vegetation to the extent practicable pursuant
to a vegetation management plan by providing native perennial vegetation
and foraging habitat beneficial to game birds, songbirds, and pollinators.
To the extent practicable, when establishing perennial vegetation
and beneficial foraging habitat, the owners shall use native plant
species and seed mixes.
L.
Ownership changes. If the owner or operator of the solar energy system
changes or the owner of the property changes, the special use permit
shall remain in effect, provided that the successor owner or operator
assumes in writing all of the obligations of the special use permit,
site plan approval, and decommissioning plan. A new owner or operator
of the solar energy system shall notify the Town of such change in
ownership or operator within 10 days of the ownership change by certified
mail to both the Town Clerk and Town Supervisor and addressed to the
Tully Town Hall.
M.
Safety.
(1)
Solar energy systems and solar energy equipment shall be certified
under the applicable electrical and/or building codes as required.
(2)
Solar energy 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 3 solar energy system is located in an ambulance
district, the local ambulance corps.
(3)
If storage batteries are included as part of the solar energy
system, they shall meet the requirements of any applicable fire prevention
and building code when in use and, when no longer used, shall be disposed
of in accordance with the laws and regulations of the Town and any
applicable federal, state, or county laws or regulations.
N.
Permit time frame and abandonment.
(1)
The special use permit and site plan approval for a solar energy
system shall be valid for a period of 18 months after issue. In the
event construction is not completed in accordance with the final site
plan and special permit, as may have been amended and approved, as
required by the Town Board within 18 months after approval, the Town
may extend the time to complete construction for 90 days and will
take into consideration any extensions required as a result of NYSERDA
requirements.
(2)
Upon cessation of electricity generation of a solar energy system
on a continuous basis for 12 months and/or the reduction of proposed
usage in the amount of 50% for 12 months, the Town may notify and
instruct the owner and/or operator of the solar energy system to implement
the decommissioning plan. Decommissioning must be completed within
200 days of notification.
(3)
If the owner and/or operator fails to comply with decommissioning
upon any abandonment, the Town may, at its discretion, utilize the
bond and/or security for the removal of the solar energy system and
restoration of the site in accordance with the decommissioning plan.
O.
Enforcement. Any violation of this solar energy law shall be subject
to the same enforcement requirements, including the civil and criminal
penalties, provided for in the zoning or land use regulations of the
Town.
P.
Severability. The invalidity or unenforceability of any section,
subsection, paragraph, sentence, clause, provision, or phrase of the
aforementioned sections, as declared by the valid judgment of any
court of competent jurisdiction to be unconstitutional, shall not
affect the validity or enforceability of any other section, subsection,
paragraph, sentence, clause, provision, or phrase, which shall remain
in full force and effect.
Q.
Waiver. The Town Board may, under appropriate conditions or circumstances,
and in its absolute discretion, waive one or more of the submission
requirements contained herein.
R.
Fees. Fees for application are those as established by the Town of
Tully, and it shall be the responsibility of the applicant to reimburse
the Town for any and all reasonable and necessary legal, engineering
and other professional fees incurred by the Town in reviewing and
administering an application for a solar energy system under this
section.
[Added 3-8-2023 by L.L. No. 2-2023]
No special use permit for a Tier 3 solar energy system shall
be issued unless a Solar Energy System Overlay Zoning District has
been established by the Town Board for the subject premises pursuant
to this section.
A.
Applicability. The Tier 3 Solar Energy Systems Overlay Zone District
law shall apply to a property in conjunction with and in addition
to the uses and dimensional controls of the underlying zoning district.
Zoning regulations applicable to Tier 3 Solar Energy Systems Overlay
Zone Districts, as defined in this Code, shall supersede the requirements
of the underlying zoning if they are in conflict.
B.
Establishment of Tier 3 Solar Energy Systems Overlay District. The
Town Board, on recommendation of the Town Planning Board, or at the
request of a property owner or on the Board's own initiative,
may expand or establish a Tier 3 Solar Energy Systems Overlay Zone
District on any property in the Town as set forth in the Code.
C.
Planning Board review; proposals.
(1)
In addition to the procedural requirements applicable to a zone
change mandated by the Tully Town Code and/or New York State law,
including public hearings and required notices, the Town Board shall
provide at least 30 days for the Town Planning Board to review and
comment on any new district or expanded boundary modification.
(2)
All proposals shall include the following:
(a)
Concept site plan. Prior to the submission of any application
for rezoning in the creation of a solar systems overlay district by
the town Board, the applicant shall submit a concept site plan, as
described below, to the Town Planning Board for its review and recommendation
on the zoning and/or creation of a Tier 3 Solar Energy Systems Overlay
District.
[1]
The concept site plan. For the purposes of this
section, a concept site plan is a map, drawn to scale, prepared by
a licensed engineer or architect, which graphically depicts the proposed
improvements to the property, including topographical features, system
footprints, travel ways, access locations, drainage facilities, lighting,
landscaping, buffering, fences, and\signs. Said concept plans will
also depict existing improvements and contain all information required
by the Town of Tully site plan regulations and shall be in accordance
with the design and construction standards of the Town of Tully.
(b)
Map of surrounding land uses and structures within 1,000 feet
of the site.
(c)
Narrative discussion of how the site relates to the scenic quality
of the area and the impacts, if any, upon the landscape, proposed
mitigating measures and the availability of alternate sites.
(d)
Proof of ownership of the land proposed for the overlay districts.
(e)
A completed long-form environmental assessment form (EAF).
(f)
Present land use and proposed future land use. Present land
use of lots abutting the proposed overlay district site within 500
feet.
(g)
The report of the Planning Board resulting from the aforesaid
concept site plan review.
(h)
Current zoning of site.
(3)
The Town Board may designate an applicant or agency to provide
the necessary information and may require that additional information
be provided in order to render a decision at the expense of the applicant.
D.
Permitted structures and uses.
(1)
Tier 3 solar energy systems, as defined in the Code, and support
facilities regularly and customarily used to operate solar energy
systems shall be permitted only within the Solar Energy System Overly
Zone upon the issuance of a special use permit pursuant to the Code.
(2)
Structures shall be subject to the applicable controls restrictions
of the underlying zoning.
E.
Locational guidelines for Tier 3 Solar Energy System Overlay Zone
Districts. In considering a zone change, the Town Board shall, to
the extent practicable, and in its own discretion, seek to:
(1)
Preserve prime farmland. The preservation of prime farm lands
of imperative importance.
(2)
Prevent saturation of solar energy systems in any one area of
the Town.
(a)
Avoid saturation. No Tier 3 Solar Energy System Overlay Zone District
shall be approved if it is within one mile of an already approved
Tier 3 solar energy system unless the Town Board makes specific findings
that it will not have a significant effect on the community character
and/or prime farm land of the area. There is a presumption that siting
a Tier 3 solar energy system within one mile of an existing Tier 3
solar energy system will have a significant effect on community character
and/or prime farm land, and the burden is on the applicant to prove
otherwise.
(3)
Avoid sites that substantially contribute to and are important to
the scenic quality of the landscape.
(4)
Assess the availability and feasible use of alternate sites.
(5)
Avoid locating any Tier 3 solar energy systems in close proximity
to the various lakes and other water bodies in the Town of Tully.
F.
If an application for a Solar Energy System Overly District is approved,
the applicant shall then proceed with an application under the Code
or a Tier 3 solar energy system permit.
A.
Existing special authorization.
(1)
Any land use existing on the effective date of this
chapter which has previously been duly authorized by a variance, special
authorization or other similar permit, may be continued in compliance
with the terms and conditions of the original authorization.
(2)
If the terms of this chapter, as amended, are more
restrictive, any subsequent modification, enlargement or change of
the land use shall be subject to the provisions of this chapter as
if it were a new use.
B.
Nonconforming use or structure.
(1)
Any structure or land use that is lawfully existing
on the effective date of this chapter, as it may be amended, and that
does not conform to the regulations of this chapter, is a nonconforming
use and may be continued.
(2)
The right to continue a nonconforming use shall cease
if it has been inactive for a period of one-year after notification
thereof by the Zoning Administrator.
(3)
A nonconforming use may not be altered, repaired,
modified, replaced, relocated or converted unless on the same lot
in a way that does not change the use or increase the degree of nonconformity,
except upon special authorization by the Board of Appeals.
C.
Nonconforming lot. Any lot existing on the effective
date of this chapter, as amended, that has an area or width less than
that specified in Schedule II[1] hereof, may be used for any purpose permitted in the district
but there shall be compliance with all other regulations (use, yards,
height, etc.) prescribed for the district. Notwithstanding the above,
if the owner of such undersized lot also owns adjacent land that could
be used to bring the undersized lot into compliance, this should be
done when feasible. Approval of new construction or rebuilding on
any undersized lot in the R-3 District shall be subject to approval
of the proposed sewage disposal system.
[1]
Editor's Note: Schedule II is included at the end of this chapter.
D.
Existing violations. Any land use existing on the
effective date of this chapter, as it may be subsequently amended,
that was in violation of any prior regulations or of any special authorization,
shall become lawful only to the extent that the activity complies
with this chapter.
E.
Development under existing permit. Development of
any land use for which all necessary permits have been issued prior
to the effective date of this chapter, as amended, may be completed
despite the fact that the development would result in a nonconforming
use. However, such permits shall expire one year from the date of
issuance unless any construction involved has been substantially completed.
A.
Zoning Administrator. This chapter shall be enforced
by the Zoning Administrator of the Town of Tully who shall be appointed
by, and serve at the pleasure of the Town Board. One or more persons
may perform part or all of the Zoning Administrator's duties. The
Zoning Administrator shall have the following duties and responsibilities:
(1)
To review all applications for zoning permits, approving
those that comply with all provisions and requirements of this chapter
and disapproving those that do not comply with a written statement
of the reasons for disapproval.
(2)
To inspect, upon completion, all construction or site
preparation required for a land use activity; to endorse on zoning
permits that the construction or site preparation complies with this
chapter and if there has not been compliance, to deny endorsement
with a statement in writing of the reason for denial.
(3)
To investigate complaints and make inspections, to
serve written notice of any apparent violations, fixing a reasonable
time for the elimination of the violation, and to take any further
action that may be required to terminate the violation.
(4)
To maintain complete records of all zoning permits,
issued or denied, and endorsements of them, of all apparent violations
and the action taken with respect to them, to submit monthly reports
of these matters to the Town Board and the Chairpersons of the Planning
Board and Board of Appeals.
(5)
No zoning permit shall be issued unless a written
application for such permit has been filed. The Zoning Administrator
shall prepare the form of application which shall provide the information,
including plans and surveys, needed to determine compliance of the
proposed land use activity with this chapter.
(6)
Upon completion of any building for which a building
permit is required, and prior to occupancy thereof, the Zoning Administrator
shall inspect the building for compliance with the chapter and other
applicable laws and regulations. If, in the best judgment of the Administrator,
the building meets all applicable regulations and specifications,
a certificate of occupancy shall be issued and the building occupied.
If it is determined that the building or land use is in violation
of the chapter, the certificate of occupancy shall not be issued.
A.
Organization. The Board of Appeals shall consist of
five members, all residents of the Town of Tully, to be appointed
by the Town Board for staggered terms of five years. One member shall
be designated by the Town Board to serve as Chairperson. If a vacancy
shall occur, the Town Board shall appoint a successor who shall serve
for the unexpired portion of the term of his predecessor.
B.
Duties and powers. The Board of Appeals shall have
the duties and powers conferred upon it by Town Law § 267,
and this chapter, including the duties and powers:
(1)
To hear and decide appeals from, and review any order,
requirement, decision or determination made by the Zoning Administrator
and to reverse, affirm or modify the order, requirement, decision
or determination so that it will conform to the provisions of this
chapter.
(2)
To vary or modify the application of any of the regulations
or provisions of this chapter if there is an express finding, pursuant
to the § 267(1)(a) for a use variance, or § 267(1)(b)
for an area variance, that there are unnecessary hardships in the
way of carrying out the strict letter of this chapter or that the
applicable criteria set forth in such sections have otherwise been
satisfied.
C.
Procedure. The Board of Appeals shall strictly comply with the requirements of Town Law and this chapter as to hearings, notice and procedure, and referrals to County Planning. In addition, the notice provisions of § 280-18 hereof shall apply to all variance applications. Each appeal or application made to the Board shall be in writing and shall refer to the provision of this chapter that is involved. It shall exactly set forth the interpretation claimed, the use for which authorization is sought, or the variance that is applied for, and the grounds for the proposed action of the Board of Appeals.
D.
Decision. Every decision of the Board of Appeals shall
be by resolution which shall set forth the findings of the Board in
the particular case. Within five days after the day it is rendered,
each such resolution, together with all documents pertaining to it,
shall be filed in the office of the Town Clerk as either an interpretation,
or variance. The Board of Appeals shall notify the Zoning Administrator
of each variance and of each interpretation made under the provisions
of this chapter.
In its interpretation and application the provisions
of this chapter shall be construed to be minimum requirements adopted
for the promotion of the public health, morals, safety and general
welfare. Whenever the requirements of this chapter differ from the
requirements of any other effective law or regulation the requirements
imposing the higher standard shall govern.
A violation of this chapter is hereby declared
to be an offense, punishable by a fine not exceeding $350 or imprisonment
for a period not to exceed six months, or both, for conviction of
a first offense; for conviction of a second offense, both of which
were committed within a period of five years, punishable by a fine
not less than $350 nor more than $700 or imprisonment for a period
not to exceed six months, or both; and, upon conviction for a third
or subsequent offense all of which were committed within a period
of five years, punishable by a fine not less than $700 nor more than
$1,000 or imprisonment for a period not to exceed six months, or both.
However, for the purpose of conferring jurisdiction upon courts and
judicial officers generally, violations of this chapter shall be deemed
misdemeanors and for such purpose only all provisions of law relating
to misdemeanors shall apply to such violations. Each week's continued
violation shall constitute a separate additional violation.
A.
Authority. The Town Board may, from time to time,
on its own motion, or on petition, or on recommendation of the Planning
Board, amend, supplement, change, modify or repeal this chapter in
accordance with the notice, hearing and other requirements of law.
B.
Referrals.
(1)
Referral to Planning Board. Each proposed amendment,
if initiated by a source other than the Planning Board, shall be referred
to said Planning Board for review and recommendation thereon before
any required public hearing.
(2)
Referral to county planning. Before taking final action
on certain proposed amendments to this chapter, the Town Board shall
refer such amendments to the County Planning Board for a report thereon
pursuant to §§ 239-l and 239-m of Article 12-B of General
Municipal Law or any other applicable laws or amendments to the foregoing
laws.
(3)
Protest. In case of a protest against such proposed
amendment signed by the owners of 20% or more of the area of land
included in such proposed amendment, or by 20% or more of all land
owners within 100 feet from the boundary of the area of land to be
included in such amendment, such amendment shall become effective
only by a favorable vote of four members of the Town Board.
A special authorization or variance should not
be granted unless prior written notice of at least five days has been
mailed by or at the direction of the Town Board, Planning Board or
Zoning Board of Appeals, as the case may be, Secretary or Attorney,
to each owner of property abutting, or across from, the lands of the
proposed land use activity or within 500 feet of the perimeter of
the lands. Failure to give or receive such notice shall not invalidate
any special authorization or variance granted. The applicant shall
be required, as part of the application, to furnish the proper names
and addresses of the owners to whom mailed notice is required. Absent
such furnishing of names and addresses by the applicant, the Town
assessment records may be relied upon.
Any costs incurred by the Planning, Town or
Zoning Appeals Boards for legal, engineering or other professional
consultants or similar extraordinary expenses incurred in connection
with the review of an application before such respective Board shall
be estimated at the time of application or first appearance before
such Board and deposited in escrow with the Town Clerk. Any actual
balances due shall be paid by the applicant in advance of the decision
of the respective Board. The applicant shall be entitled to copies
of all invoices submitted to the Town for reimbursement, and such
invoices shall be itemized and charged at the rates regularly charged
to the Town (or municipalities generally) by the consultant. In addition,
such fees shall be subject to any legal requirements or restrictions
applicable to the types of applications and the methods of charging
professional consultants fees then applicable.
The provisions of this chapter shall be held
to be the minimum requirements necessary to accomplish the purpose
of this chapter and shall be interpreted and applied as such. When
requirements of this chapter conflict with the requirements of other
lawfully developed rules, regulations, laws or local laws, the most
restrictive, or that imposing the higher standards, shall take precedence.
