A.
Intent. It is the intent of the following parking
regulations to ensure that there are adequate parking and loading
facilities to serve the use or uses of the property; ensure that any
parking facility is so designed to provide proper circulation, reduce
hazards to pedestrians, and protect the users of adjoining properties
from nuisance caused by the noise, fumes, and glare of headlights
which may result from the operation of vehicles parking off the street;
and reduce congestion in the streets and contribute to traffic safety.
B.
Minimum requirements. The following parking standards
represent minimum requirements and may be altered as part of the approval
of a site development plan:
(1)
All requirements based on square footage shall be
for gross floor area, unless otherwise stated.
(2)
All requirements based on number of employees shall
be for the maximum number of employees on the shift of greatest employment.
(3)
All requirements based on occupancy shall be determined
by the New York State Uniform Fire Prevention and Building Code occupancy
limits.
(4)
Facilities containing a mixture of the specific uses
enumerated herein shall provide parking in proportion to the percentage
of the facility devoted to each use.
C.
Existing structures. Any structure or land use lawfully
in existence prior to the adoption of this chapter shall not be subject
to the requirements of this subsection so long as the kind or extent
of use is not changed, and provided further that any parking facilities
now serving such structures shall not in the future be reduced below
such requirements.
D.
Minimum off-street parking requirements.
(1)
Where no requirement is designated and the use is
not comparable to any of the listed uses, parking requirements shall
be determined by the Planning Board upon recommendation of the PEDD,
based upon the capacity of the facility and its associated uses.
(2)
When a calculation yields a fractional number of required
spaces, the number of spaces shall be rounded to the nearest whole
number.
E.
Maximum allowable number of spaces.
(1)
The number of spaces provided for any particular use
in ground surface lots, excluding designated handicapped parking spaces,
shall not exceed the number of spaces required by this article by
more than 25%.
[Amended 6-28-2007 by L.L. No. 10-2007]
(2)
Spaces provided within the building footprint of structures,
such as in rooftop parking or below-grade parking, shall not count
towards the maximum number of allowable spaces.
(3)
Spaces provided in multilevel parking above or below
surface lots shall not count towards the maximum number of allowable
spaces.
F.
Parking dimensional requirements. The dimension of
a typical parking space under this section shall be nine feet by 18
feet, and the minimum driveway width shall be 24 feet. These standards
may be modified as deemed necessary by the Planning Board to ensure
adequate and convenient access and circulation.
G.
Parking setback requirements. No parking or loading
area for any multifamily use or nonresidential use, except for driveway
entrances and exits and drive-through lanes, shall be located nearer
than 15 feet to the edge of the sidewalk or front lot line, whichever
is closer, or 10 feet to any side or rear lot line. The Planning Board
may waive the side or rear lot line setback requirements as necessary
to accommodate shared parking facilities between adjacent lots or
to ensure reasonable development of a site, provided that the intent
of these regulations as stated above is met.
[Amended 6-28-2007 by L.L. No. 10-2007; 11-20-2014 by L.L. No. 14-2014]
H.
Joint use of facilities. Parking facilities required
for two or more adjacent uses, structures or parcels of land may be
satisfied by the same parking facilities used jointly, to the extent
that it can be shown by the owners or operators that the parking demand
for the facilities does not materially overlap, and provided that
such right of joint use is evidenced by a deed, lease, contract, reciprocal
easement or similar written instrument establishing a permanent or
long-term agreement for the joint use. Any approval granted on the
basis of a joint parking use agreement shall be valid only so long
as the agreement remains in effect.
I.
Parking for disabled persons. Parking spaces for disabled
persons shall comply with the current Americans with Disabilities
Act or New York State Uniform Fire Prevention and Building Code standards,
whichever are more stringent, and shall be at least eight feet wide
and shall have an adjacent access aisle at least eight feet wide.
Parking access aisles shall be part of the accessible route to the
building or facility entrance. Accessible parking spaces shall be
designated as reserved for the disabled as required by applicable
law.
J.
Stacked parking restrictions. Parking facilities shall
be designed so that each motor vehicle may proceed to and from the
parking space provided for it without the moving of any other motor
vehicle, except in the following instances:
(1)
Stacked or valet parking may be allowed at the discretion
of the Planning Board if an attendant is present to move vehicles.
If stacked parking is used for required parking spaces, a written
guarantee must be filed with the Town ensuring that an attendant will
always be present when the lot is in operation. The requirements for
minimum or maximum spaces continue to apply for stacked parking.
(2)
Stacked parking is allowed for single-family detached
dwelling units and two-family dwelling units.
K.
Parking chart. Parking shall be provided for the following
uses in the following amounts:
|
Airport
|
1 space per each 4 seating accommodations for
waiting passengers, plus 1 space per each 2 employees on shift of
greatest employment
| |
|
Amusement use
|
1 space per each 50 square feet of gross floor
area
| |
|
Bank
|
1 space per 225 square feet of gross floor area
| |
|
Bar
|
1 space per 50 square feet of area open to the
public plus 1 per employee
| |
|
Bed-and-breakfast
|
1 space per sleeping room, plus 2 for permanent
residents.
| |
|
Building supplies
|
5 spaces per 1,000 square feet of gross floor
area
| |
|
Car wash
|
Self-serve: 4 stacking spaces for each washing
stall; full-serve: 1 space per employee, maximum shift, plus 10 stacking
spaces per bay
| |
|
Cemetery
|
1 space per full-time employee
| |
|
Christmas tree sales
|
1 space per 500 square feet of open sales/display
area, plus one space per employee on shift of greatest employment.
| |
|
Community care facility, adult
|
1 space per 4 beds, plus 1 space per employee
| |
|
Community center
|
4 spaces per 1,000 square feet of gross floor
area
| |
|
Construction company
|
1 space per facility vehicle, plus 1 per 1,000
square feet of gross floor area
| |
|
Convenience store
|
1 space for each 100 square feet of gross floor
area, minimum 5 spaces
| |
|
Convention and exhibit center
|
1 space per guest room, plus 2/3 of the standard
requirement for public assembly space, restaurant or bar
| |
|
Correctional facility
|
1 space per employee, plus 1 space per 25 inmates
| |
|
Crematory
|
1 space per 4 seats of chapel capacity, plus
1 space per employee
| |
|
Cultural venue
|
1 space per 2 seats or per 2 people at maximum
occupancy.
| |
|
Day-care center
|
1 space per employee, plus 1 space per 20 children,
plus loading
| |
|
Drive-through use (fast food or restaurant)
[Amended 6-28-2007 by L.L. No. 10-2007] |
2 stacking spaces per drive-through lane, plus
10 spaces
| |
|
Drive-through use (other)
[Amended 6-28-2007 by L.L. No. 10-2007] |
2 stacking spaces per drive-through lane, plus
3 spaces
| |
|
Dwelling unit, accessory
[Amended 6-28-2007 by L.L. No. 10-2007] |
2 spaces per dwelling unit
| |
|
Dwelling unit, mixed-use
[Amended 6-28-2007 by L.L. No. 10-2007] |
2 spaces per dwelling unit
| |
|
Dwelling, multifamily
|
2 spaces per dwelling unit
| |
|
Dwelling, single-family
|
2 spaces per dwelling unit
| |
|
Dwelling, townhouse
|
2 spaces per dwelling unit
| |
|
Dwelling, two-family
|
2 spaces per dwelling unit
| |
|
Educational uses, younger than high school
|
1 space per teacher and staff member, maximum
shift, plus 1 space per classroom
| |
|
Educational uses, high school or older
|
1 space per teacher and staff member, maximum
shift, plus 1 space per 4 students
| |
|
Entertainment or retail, adult
|
1 space per 200 square feet of gross floor area
| |
|
Extended care facility
|
1 space per three residents, plus 1 space per
employee, maximum shift
| |
|
Fast food establishment
|
1 space per every 2 seats, plus 1 per employee
maximum shift
| |
|
Funeral home
|
20 spaces per chapel or parlor room
| |
|
Garden center
|
1 space per 300 square feet of sales floor area,
plus spaces for outdoor sales area as determined by the Planning Board
| |
|
Gas station
|
5 spaces per 1,000 square feet of gross floor
area
| |
|
Golf course
|
6 spaces for each golf hole and 1 for each employee
on shift of greatest employment
| |
|
Health club
|
1 space per 2 persons at maximum occupancy
| |
|
Heavy equipment storage/sales/services
|
One space per 500 square feet of sales/rental
floor area, plus one space per employee, maximum shift
| |
|
Heavy industry
|
1 space per employee, maximum shift
| |
|
Home occupation, Level I
|
1 space per employee, plus requirement for dwelling
| |
|
Home occupation, Level II
|
1 space per employee, plus requirement for dwelling
| |
|
Hospital
|
1 space per 2 beds, plus 1 space per employee,
maximum shift
| |
|
Hotel
|
1 space per room, plus 1 space per employee
(maximum shift)
| |
|
Kennel
|
1 space per employee, plus 1 space per 1,000
square feet of gross floor area
| |
|
Library
|
1 space per 250 square feet of gross floor area
| |
|
Light industry
|
1 space per employee
| |
|
Manufactured home park
|
2 spaces per dwelling unit
| |
|
Marina
|
1 space per slip, plus 1 per employee
| |
|
Mini-warehouse/ self-storage facility
|
1 space per 40 storage units, with a minimum
of three spaces
| |
|
Mining
|
1 space per employee, maximum shift, plus 1
space per facility vehicle
| |
|
Motor vehicle or boat storage yard
|
1 space per employee
| |
|
Motor vehicle sales and service
|
3 spaces per service bay and 1 space per employee,
one space per 500 square feet of retail sales area, plus any spaces
required for inventory and display
| |
|
Movie theater
|
1 space per 4 seats
| |
|
Nightclub
|
1 space per 50 square feet of area open to the
public
| |
|
Office, general
|
1 space per 225 square feet of gross floor area
| |
|
Office, medical
|
1 space per 175 square feet of gross floor area
| |
|
Park
|
2 spaces per acre
| |
|
Place of worship
[Amended 6-28-2007 by L.L. No. 10-2007] |
1 space per 2.5 seats, plus 1/2 of the standard
requirement for accessory uses, including public assembly space, educational
use, office, etc.
| |
|
Private club
|
1 space per 2 persons at maximum occupancy
| |
|
Public assembly space
|
1 space per 2 persons at maximum occupancy
| |
|
Recreation facility
|
1 space per 2 persons at maximum occupancy
| |
|
Restaurant
|
1 space per every 3 seats, plus 1 space per
each employee, maximum shift
| |
|
Retail business
|
1 space per 200 square feet of gross floor area
| |
|
Service business
|
3 spaces per employee
| |
|
Transfer station
|
1 space per employee, maximum shift
| |
|
Veterinarian
|
1 space per 200 square feet of gross floor area
| |
|
Warehouse storage/distribution
|
1 space per 1.5 employees on shift of greatest
employment
|
L.
Waivers.
(1)
The total number of parking spaces required by this
article may be reduced by the Planning Board to the extent that the
applicant can demonstrate that the regulation is unnecessarily stringent
for reasons such as:
(a)
Unique use times;
(b)
Shared or dual use;
(c)
Availability of regular public transit service
within a distance of 500 feet; and/or
(d)
Participation in a transportation management
association or adoption of a traffic and parking management plan for
one or more uses, including methods to increase the use of public
transit, car pool, van pool or non-auto modes of travel.
(2)
Waiver limits. A waiver authorized by the Planning
Board shall not exceed 50% of the required spaces.
Loading requirements vary with the specific
uses proposed. Loading requirements shall ensure, to the extent feasible,
that trucks can unload cargo in a manner that does not interfere with
pedestrian and automobile traffic on public roads. Requirements for
the number and location of loading facilities shall be established
by the Planning Board during site plan review, based upon:
A.
The expected maximum number of vehicles using the
loading facilities at times of peak usage.
B.
The type of business, size of the structure, and size
of vehicles to be servicing the structure.
C.
The need to ensure pedestrian and automobile safety
by separating loading operations from pedestrian and automobile circulation.
D.
The need to screen vehicles and loading facilities
from publicly accessible areas as well as from abutting properties,
including the need for vegetative screening, buffers, and/or fencing.
E.
The desirability of requiring service roads or alleys
to achieve the purposes of this section.
F.
Applicable planning and engineering standards, adapted
to meet the needs of the particular business use proposed.
G.
Other operational characteristics of the business
or physical characteristics of the site deemed relevant by the Planning
Board.
A.
Permit issuance. For the outdoor storage and retail
sale of Christmas trees and related merchandise, the Director of the
Building Department is authorized to issue temporary use permits.
Such permit shall be issued for a period not to exceed 45 days and
in no event to run past December 25. No more than one permit may be
issued for a given location in a calendar year.
B.
Exempt locations. A temporary use permit is not required
for the outdoor storage and retail sale of Christmas trees and related
merchandise when:
(1)
Conducted indoors in the normal course of business
at any establishment for which a site plan has been approved and a
certificate of occupancy has been granted.
(2)
Conducted indoors or outdoors in the normal course
of business at any lawfully established garden center, nursery or
farm which has Planning Board approval for outdoor sales.
(3)
Conducted on any other site which has Planning Board
approval for the outdoor storage and retail sale of Christmas trees
and related merchandise.
(4)
Conducted on farms.
(5)
Conducted on premises owned or operated by not-for-profit
organizations.
C.
Permitted locations. The outdoor storage and retail
sale of Christmas trees and related merchandise is permitted in the
following locations:
D.
Signs.
(1)
All signage for the outdoor storage and retail sale
of Christmas trees and related merchandise must be as described in
the application for the temporary use permit and shall be limited
to one sign that is no greater than 32 square feet for either wall,
freestanding or A-frame signs.
E.
Conditions for issuance.
(1)
Approval is required from the Director of the Building
Department and from the PEDD.
(2)
Rest room facilities must be available for use by
the applicant and all employees and must be on site or within 500
feet of such proposed site. If off site, the owner of the building
within which the rest room is located must attest in writing to the
Building Department that such facilities shall be available to the
permittee throughout the proposed hours of operation and duration
of the temporary use sale.
F.
Application process.
(1)
Step 1: The applicant must submit a temporary use
permit application to the Building Department. Such application shall
be signed by the operator and contain the consent of the owner of
the lot and be accompanied by:
(a)
A plan, drawn to scale, showing the proposed
location of the lot where such storage and sales are to take place,
and showing provisions for site access and parking as well as adequately
showing all proposed temporary structures and the proposed location
and description of the proposed temporary signage, including setbacks.
(b)
Proof that the area to be used for the proposed
use is not needed to satisfy any other requirements of this chapter
with respect to parking, ingress or egress, green space, drainage
or any other uses on the site.
(c)
The required fee and deposit.
(2)
Step 2: After the application is complete, the Director
of the Building Department shall approve, approve with conditions
or disapprove the temporary use permit application.
(a)
When the application is approved, it will then
be forwarded to the PEDD for its review.
(b)
In the event that such application is disapproved,
the Director of the Building Department shall state his reasons for
disapproval in writing, and any person aggrieved may appeal the decision
to the Zoning Board of Appeals.
(3)
Step 3: The PEDD will review the application and approve,
deny or approve with modifications.
(4)
Step 4: If the PEDD approves the application, within
two days of receipt of such approval the Director of the Building
Department shall issue the temporary use permit.
G.
Fees. The application shall be accompanied by a nonrefundable
processing fee. The amount of fees shall be in accordance with the
Building Department's fee schedule in effect at the time of the application.
H.
Appeals. Any aggrieved person may appeal the decision
of the Building Department to the Zoning Board of Appeals in the manner
provided for in this chapter.
I.
Site restoration; deposits.
(1)
The site for which the temporary use permit was issued
shall be kept clean and orderly and shall be restored to the condition
the site was in prior to the temporary storage and retail sale of
Christmas trees and related merchandise.
(2)
The application to the Building Department for the
temporary use permit shall be accompanied by a site restoration deposit
in accordance with the fee schedule adopted by the Town Board.
(3)
The site restoration deposit shall be refunded in
full within two weeks after the termination of the permit, provided
that the lot on which the temporary use was located has been thoroughly
cleaned and restored to a condition which existed prior to the temporary
sale, as determined by the Director of the Building Department.
(4)
Such restoration must be completed no later than January
7 of the following year in which the sales commenced under such permit.
(5)
In the event that such application is disapproved,
the restoration deposit shall be refunded in full.
J.
Suspension or revocation of permit; open burning.
(1)
If the permittee violates, causes or permits to be
violated any provision of the Town Code or the New York State Uniform
Fire Prevention and Building Code, the Director of the Building Department
may suspend or revoke the temporary use permit issued pursuant to
this article.
(2)
Open burning of any material is prohibited and may
result in the suspension or revocation of any temporary use permit
issued pursuant to this article.
A.
Garage sales must be conducted on the premises of
a single-family or multifamily dwelling.
B.
At least one seller shall be a resident of the premises
or an authorized agent of the estate at which the garage sale is conducted.
The sale of goods shall be limited to those items belonging to the
seller conducting the sale which were acquired by the seller for his
or her own use, whether or not such goods were actually used by the
seller. Garage sales shall not include goods, new or used, specifically
acquired by the seller for resale.
C.
No more than three garage sales shall be conducted
at the same premises or by the same person in any one twelve-month
period.
D.
Garage sales shall be no longer than three consecutive
days.
E.
Garage sales shall only be conducted between 8:00
a.m. and 6:00 p.m.
F.
The person conducting the garage sale shall be responsible
for the maintenance of good order during the hours of the sale.
G.
Signage shall be limited to one sign on the property
where the garage sale is taking place and no more than four signs
off premises. The off-premises signs shall be limited in size to 1.5
square feet each. Signage may be displayed two days prior to the sale
and may remain up until the sale is over. All signage shall, however,
be removed immediately after the sale.
[Added 3-23-2017 by L.L.
No. 2-2017]
A.
Authority. This section is adopted pursuant to Town Law §§ 261-263
of the State of New York, which authorizes the Town of Colonie to
adopt zoning provisions that advance and protect the health, safety,
and welfare of the community, and "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.
Purpose. The purpose of this section is to advance and protect the
public health, safety, and welfare of the Town of Colonie by providing
for the siting, development, and decommissioning of solar energy systems
to promote the development of renewable energy resources while reducing
impacts to adjoining properties.
C.
Applicability. The requirements of this section shall apply to all
solar energy systems installed or modified after its effective date,
excluding general maintenance and repair.
D.
All solar installations shall comply with all applicable New York
State codes.
E.
Solar as an accessory use or structure.
(1)
Roof-mounted solar energy systems.
(a)
Roof-mounted solar energy systems that use the energy primarily
onsite are permitted as an accessory use in all zoning districts when
attached to any lawfully permitted residential building.
(b)
Roof-mounted solar energy systems that use the energy onsite
or offsite are permitted as an accessory use in designated zoning
districts when attached to any lawfully permitted commercial building.
(c)
Height. Roof-mounted solar energy systems shall not exceed the
maximum height restrictions of the zoning district within which they
are located.
(d)
Aesthetics. Where possible, roof-mounted solar energy systems
shall be installed at the same angle as the roof's surface and as
flush as possible to the roof's surface.
(e)
Roof-mounted solar energy systems that use the energy primarily
onsite shall be exempt from site plan review.
(2)
Ground-mounted solar energy systems.
(a)
Ground-mounted solar energy systems that use the energy primarily
onsite are permitted as accessory structures in designated zoning
districts.
(b)
Height and setback. Ground-mounted solar energy systems shall
adhere to the height and setback requirements of the underlying zoning
district.
(c)
Lot coverage. Systems are limited to 50% lot coverage. The surface
area covered by ground-mounted solar energy systems shall be included
in total lot coverage. Systems must comply with all greenspace and
parking requirements, as well as the use and dimensional charts.
(d)
Ground-mounted solar energy systems that use the energy primarily
onsite shall be exempt from site plan review.
F.
Solar farms.
(1)
In designated zoning districts, and where the lot size is 20,000
square feet or greater, a primary use ground-mounted solar energy
system shall be permitted pursuant to a special use permit and subject
to the requirements set forth in this section, including site plan
review.
(2)
Special use permit application requirements.
[Amended 12-1-2022 by L.L. No. 7-2022]
(a)
In addition to all general special use permit conditions contained in § 190-57, the following submissions and showings are required:
[1]
If the property of the proposed project is to be leased, legal
consent between all parties, specifying the use(s) of the land for
the duration of the project, including easements and other agreements,
shall be submitted.
[2]
Blueprints showing the layout of the solar energy system signed by a professional engineer or registered architect shall be required and must comply with Chapter 177 of the Town Code.
[3]
Equipment specification sheets for all photovoltaic panels,
significant components, mounting systems, and inverters that are to
be installed.
[4]
A property operation and maintenance plan which describes continuing
photovoltaic maintenance and property upkeep, such as mowing and trimming.
[5]
A decommissioning plan. To ensure the proper removal of any
solar farm, a decommissioning plan prepared by a professional engineer
shall be submitted as part of the special use permit application that
provides for the removal of the solar farm and restoration of the
property on which the solar farm is installed to a useful and nonhazardous
condition. Compliance with this plan shall be a condition of a special
use permit under this section. The decommissioning plan shall provide
for removal of aboveground and below-ground equipment, structures
and foundations; restoration of the surface grade and soil after removal
of equipment; and revegetation of restored soil areas with native
seed mixes, excluding any invasive species. Additionally, the decommissioning
plan shall address:
[a]
The time required to decommission and remove the
solar farm and any ancillary structures;
[b]
The time required to repair any damage to the property
caused by the installation and removal of the solar farm;
[c]
The estimated cost of decommissioning and removal
of the solar farm, as well as the cost of all necessary site remediation
or restoration; and
[d]
The provision of a decommissioning security that
meets following requirements:
[i]
The deposit with the Town Clerk of funds to be held in escrow
by the Town, in an amount sufficient to ensure the good faith performance
of the terms and conditions of any special use permit issued under
this section and provide for the removal and restoration of the site
subsequent to removal. The amount of the decommissioning security
shall be at least 125% of the cost of removal and site restoration
for the solar farm.
[ii]
In the event of: a) default upon performance of any conditions
of special use permit granted hereunder and/or b) the solar farm is
abandoned as provided herein, and after proper notice and expiration
of any opportunity to cure, the decommissioning security shall be
forfeited to the Town.
(3)
Special use permit standards for solar farms.
(a)
In addition to all general special use permit findings and standards contained in § 190-57, the following additional standards are required:
[1]
Compatibility. Forested sites shall not be clear cut for the
siting of a solar farm. Additionally, the proposed installation must
be compatible with adjacent uses in terms of scale, siting, design,
lighting and noise generation, and must comply with all New York State
and Town codes and design standards.
[2]
Height. Solar farms must adhere to the height requirements of
the underlying zoning district. Ground-mounted arrays shall not exceed
20 feet in height when oriented at maximum tilt.
[3]
Setbacks. Solar farms shall be setback no less than 50 feet.
Additionally, any solar farm that borders an area zoned residential
shall be setback at least 100 feet from any residential district.
The Zoning Board of Appeals may require further setbacks as necessary
to adequately buffer adjoining residential and public property.
[Amended 12-1-2022 by L.L. No. 7-2022]
[4]
Lot size. Solar farms shall be located on lots with a minimum
lot size of 20,000 square feet.
[5]
Lot coverage. A solar farm shall not exceed 60% of the lot on
which it is installed. "Lot coverage" shall be defined as the area
measured from the outer edge(s) of the arrays, inverters, batteries,
storage cells and all other mechanical equipment used to create solar
energy, exclusive of fencing and roadways.
[6]
Buffer and screening. A minimum twenty-foot buffer, consisting
of natural and undisturbed vegetation, shall be provided around all
mechanical equipment and solar panel arrays to provide screening to
adjacent properties and to minimize glare on adjacent properties and
roadways. The Zoning Board of Appeals may require buffer sufficiently
high and wide to determine potential visual impacts during the review
process.
[7]
Signs. All electrical and control equipment shall be labeled.
Solar equipment shall not be used for displaying any advertising.
All signs, flags, streamers or similar items, both temporary and permanent,
are prohibited on solar equipment except:
[8]
Glare. Solar panels shall be placed and arranged such that reflected
solar radiation or glare shall not be directed onto adjacent buildings,
properties or roadways. Exterior surfaces of roof-mounted collectors
and related equipment shall have a nonreflective finish and shall
be color-coordinated to harmonize with roof materials and other dominant
colors of the structure.
[9]
Vegetation. Existing on-site vegetation shall be preserved to
the maximum extent practicable. Clear-cutting of all trees in a single
contiguous area exceeding 20,000 square feet shall be prohibited.
[10]
Site disturbance. Site disturbance, including,
but not limited to, grading, soil removal, excavation, soil compaction,
and tree removal in connection with installation of solar energy facilities,
including ground-mounted systems, shall be minimized to the extent
practicable. Forested sites shall not be deforested to construct solar
energy facilities.
[11]
Noise. Substations and inverters shall be set
back a minimum distance to achieve no discernable difference from
existing noise levels at the property line.
[12]
Access. Roadways shall be provided to ensure adequate
emergency and service access, and must comply with all applicable
New York State and Town codes.
[13]
Fencing. All electrical and control equipment
shall be secured to prevent unauthorized access. All solar farms shall
be enclosed by fencing. The type of fencing shall be determined by
the Zoning Board of Appeals.
[14]
Any application under this section shall meet
all substantive provisions contained in local site plan requirements
in the Zoning Chapter.
(b)
The Zoning Board of Appeals may impose conditions on its approval
of any special use permit under this section in order to enforce the
standards referred to in this section or in order to discharge its
obligations under the State Environmental Quality Review Act (SEQRA).
G.
Abandonment and decommissioning.
[Amended 12-1-2022 by L.L. No. 7-2022]
(1)
All applications for a solar farm shall be accompanied by a decommissioning
plan to be implemented upon abandonment, or cessation of activity,
or in conjunction with removal of the facility. Such decommissioning
plan shall include the provision of a decommissioning security that
meets the criteria set forth herein and is satisfactory to the Zoning
Board of Appeals and/or Town Engineer. No building permit may be issued
hereunder until a satisfactory decommissioning plan is provided and
decommissioning security is funded.
(3)
In the event that any solar farm is abandoned, the Town may require
the operator and/or the owner to decommission the solar farm in accordance
with the decommissioning plan. In the event that the operator and/or
owner fails to decommission the solar farm within 180 days of notification
by the Town that the solar farm is deemed abandoned, the Town may,
in its sole discretion, utilize the decommissioning security for removal
of the solar farm and restoration of the site in accordance with the
decommissioning plan. Any costs to the Town not covered by the decommissioning
security, including any costs for decommissioning a project for which
no decommissioning security was provided, may be recovered from the
operator and/or owner. Such cost incurred by the Town shall be assessed
against the property, shall become a lien and tax upon the property,
and shall be enforced and collected with interest by the same officer
and in the same manner as other taxes.
H.
Tax exemptions.
(1)
Pursuant to New York State Real Property Tax Law § 487,
the Town may require the owner of a property which includes a solar
or thermal energy farm system which meets the requirements of this
article to enter into a contract for payments in lieu of taxes. Such
contract may require annual payments in an amount not to exceed the
amounts which would otherwise be payable but for the exemption under
this section. The owner or developer of such a system must provide
written notification to the Town of its intent to construct such a
system. Upon receipt of such notification, the Town may require the
owner or developer of such system to enter into a contract for payments
in lieu of taxes, and will notify in writing such owner or developer
of its intent to require a contract for payments in lieu of taxes
within 60 days of receiving the written notification.
(2)
The payment in lieu of a tax agreement shall not operate for a period
of more than 15 years, commencing in each instance from the date on
which the benefits of such exemption first become available and effective.
[1]
Editor's Note: Former § 190-51, Telecommunications
facilities, was repealed 11-5-2009 by L.L. No. 12-2009.
Adult uses, such as an adult bookstore, adult
drive-in theater, adult entertainment cabaret, adult massage establishment,
adult peep show, adult juice bar, adult theater or any other adult
use shall be permitted in any district where the non-adult version
of such use is a permitted use. Adult uses shall be restricted in
the following manner in addition to any other requirements of this
Code:
A.
No adult establishment shall be located within 1,000
feet of any zoning district where single-family dwellings, two-family
dwellings or multifamily dwellings are permitted, as measured from
the property line of the adult use premises to the zoning district
boundary line.
B.
No adult establishment shall be located within 1,000
feet of any other adult use, as measured from the property lines of
the respective adult use premises.
C.
No adult establishment shall be located within 1,000
feet of any church or other place of religious worship, school, child
day-care center, park, playground or playing field, as measured from
the property line of the adult use premises to the property line of
the other premises.
D.
No adult establishment shall be operated on the same
lot as any other adult use or in the same building, structure or portion
thereof containing another adult use, even if owned by the same individual
or entity.
E.
In any adult establishment, there shall be no more
than one stage per building, and such stage shall be no larger than
100 square feet.
Home occupations are permitted in existing and
new homes and in accessory outbuildings and garages, subject to the
following criteria and standards. Home occupations shall in no event
be deemed to include animal hospitals, kennels, clinics or hospitals,
mortuaries, nursery schools, private clubs, motor vehicle repair shops,
restaurants, hotels, boardinghouses or similar uses.
A.
Requirements for all home occupations. All home occupations
shall:
(1)
Be conducted by a resident of the lot;
(2)
Maintain the character of the neighborhood;
(3)
Ensure the peace, privacy and quiet of the area;
(4)
Avoid excessive noise, traffic, nuisance, fire hazard
and other adverse effects of business uses;
(5)
Obtain a building and zoning permit issued by the Building Department
of the Town of Colonie.
[Added 3-8-2018 by L.L.
No. 3-2018]
B.
Home occupation Level I.
(1)
Home occupations shall be conducted in a manner which
does not give the outward appearance of a business.
(2)
Home occupations shall be conducted within the home.
Such use shall not alter the external appearance from a residential
character.
[Amended 8-28-2008 by L.L. No. 8-2008]
(3)
Home occupations shall not generate automobile or
truck traffic that would exceed the volume of traffic that would otherwise
be generated by typical residential use.
(4)
Home occupations shall have no external storage of
materials, equipment, containers, finished products or associated
vehicles outside the home, outbuilding or garage other than that which
is normally associated with residential use.
(5)
Home occupations shall be incidental and secondary
to the use of a dwelling unit for residential purposes. Such uses
shall occupy an area no greater than 15% of the principal structure
on the lot.
[Amended 8-28-2008 by L.L. No. 8-2008]
(6)
Home occupations shall be limited to one per lot and
shall not have any nonresident employees.
(7)
Home occupations shall display no sign or other indicia
of the home occupation.
(8)
Home occupations shall not provide any additional
off-street parking above and beyond the parking already required.
C.
Home occupation Level II.
(1)
Home occupations shall be limited to two per lot.
(2)
Home occupations shall be incidental and secondary
to the use of a dwelling unit for residential purposes. Such uses
shall be conducted within the home, and shall occupy an area no greater
than 15% of the principal structure on the lot.
[Amended 8-28-2008 by L.L. No. 8-2008]
(3)
Each home occupation may have only one sign, which
shall not exceed two square feet.
(4)
Home occupations shall allow no more than one nonresident
assistant, intern, or employee at any one time per lot.
[Amended 8-28-2008 by L.L. No. 8-2008]
(5)
Home occupations shall provide off-street parking
for any and all anticipated increase in vehicles at the dwelling above
and beyond the parking already required.
D.
Application requirements.
[Added 3-8-2018 by L.L.
No. 3-2018]
(2)
A permit issued for a home occupation is temporary and shall cease
when the applicant no longer meets the conditions for such use.
(3)
Application. A written application shall be submitted, on forms provided
therefor by the Building Department, signed by the applicant. The
applicant shall be the owner-occupant of the principal dwelling unit.
(4)
Building plans. The applicant shall provide building construction
plans for the home occupation. Plans shall meet the requirements of
the New York State Uniform Fire Prevention and Building Code and applicable
codes of the Town of Colonie.
(5)
Permit renewal. Once issued, a building and zoning permit for a home
occupation shall be renewed by the applicant on an annual basis until
such time as the use shall cease, at a fee as set by the Town Board
from time to time. Failure to renew the permit shall constitute a
violation of this chapter.
A.
The provisions of this article with respect to parking
and loading requirements shall be primarily administered and enforced
by the PEDD, which shall have the power to make necessary inspections.
B.
The provisions of this article with respect to Christmas
tree sales, garage sales, telecommunications facilities, adult use
regulations, and home occupation standards shall be primarily administered
and enforced by the Building Department, which shall have the power
to make necessary inspections.
