Town of Busti, NY Supplemental Regulations

A private swimming pool may be installed and maintained in a CR, CAMP, CA, SR, MR, GC or HC District, provided that it meets the following requirements:

Any in-ground or partially in-ground pool which is installed shall be completely enclosed by a security fence not less than four feet in height, with all doors and gates opening through such enclosure equipped with self-closing and self-latching devices capable of keeping such gates and doors securely closed at all times when not in actual use.

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

A development permit shall be required for the installation of any private swimming pool.

All private swimming pools shall be a minimum of 25 feet from all property lines.

§ 405-38 Off-street parking.

Off-street parking spaces, with a proper and safe access, shall be provided within a structure or in the open in such a number or numbers for each use as is required pursuant to Article IV of this chapter.

Any application for any development permit or a special use permit shall include with it a plot plan showing any parking or loading or unloading facilities in existence or to be constructed in compliance with the regulations of this chapter.

A required off-street parking space for institutional, commercial or industrial use shall be in an area not less than 162 feet square or less than 8 1/2 feet wide by 19 feet long, exclusive of access drives or aisles, ramps, columns or office and work area accessible from streets or alleys or from private driveways or aisles leading to streets or alleys and to be used for the storage of parking or passenger automobiles or commercial vehicles under 1 1/2 tons' capacity. Aisles between vehicular parking spaces shall not be less than 12 feet in width when serving automobiles parked at a forty-five-degree angle in one direction not less than 20 feet in width when serving vehicles parking perpendicular to the aisles and accommodating two-way traffic.

Parking facilities shall be designed with appropriate means of vehicular access to a street or alley in such manner as will least interfere with the movement of traffic. No driveway or curb in any district shall exceed 25 feet in width.

No parking space or portion thereof established on the same zoning lot with a building shall be located within a required front yard. No parking spaces or portions thereof established on a lot without a building shall be located closer to any street line than the front yard setback required for the district in which the parking lot is located. Further, any wall, fence or hedge developed around any parking area shall be subject to the front yard setback requirement of this chapter in the same manner as a structure or building.

§ 405-39 Loading and unloading.

Off-street loading and/or unloading spaces for commercial and/or industrial vehicles while loading and/or unloading shall be provided on each lot where such facilities are required to serve the use or uses on such lot. The number of loading and/or unloading spaces required for commercial and/or industrial vehicles while loading and/or unloading shall be in addition to the off-street parking requirements listed in the section above. Each loading and/or unloading space shall have at least fifteen-foot vertical clearance with a sixty-foot maneuvering area and shall have an all-weather surface to provide safe and convenient access during all seasons.

No off-street loading and/or unloading space shall be constructed between the street right-of-way line and the building setback line.

(1)

Loading and/or unloading facilities shall be designed so that trucks or other such vehicles need not back in or out or park in any public right-of-way.

(2)

At least one off-street loading and/or unloading space shall be provided for all commercial and industrial establishments in excess of 3,500 square feet of floor area.

§ 405-40 Signs.

Except as otherwise provided in this chapter, no "for sale" signs, advertising signs, or billboards shall be permitted in the Town of Busti after the adoption of this chapter except as follows:

Signs permitted in all districts.

(1)

Street, traffic, public safety or public service signs, erected by the governmental subdivision or agency or a public utility, advertising the availability of rest rooms, telephone or similar public conveniences.

(2)

No more than one directional sign, of not more than three square feet, located on premises other than those owned by the applicant, advising as to the applicant's business location.

(3)

Not in excess of three signs, not to exceed two by two feet each, located upon the premises, advertising an open house, a garage sale, an event, sale, activity of a church, or other groups operating not for profit, including political candidates, provided that such signs are removed within 30 days of erection.

(4)

Political campaign signs shall not exceed 16 square feet in size and shall not be allowed except during a period 45 days prior to primary election day and 45 days prior to the general election.

(5)

One sign, the facing not to exceed six square feet, located upon the premises, announcing the sale or rental of real property or any part thereof.

(6)

One announcement or professional sign, facing not to exceed three square feet, erected in conjunction with a customary home occupation, home occupation of a restricted nature or a home enterprise occupation.

CR, CAMP, CA, SR, MR, LC, GC and HC Districts. One identification sign or announcement on premises shall be permitted for each church institution, public use, recreational facility, or other use permitted by right or special permit within a CR, CAMP, CA, SR, MR, LC, CC or HC District, provided that such sign shall not exceed 20 square feet in area, except that such sign for a customary home occupation, or for a home occupation of a restricted nature, or a home enterprises occupation shall not exceed three square feet in size.

I and LMR Districts. Signs on premises used for authorized business purposes shall be permitted in I and LMR Districts, provided that the facing of such sign does not exceed 60 square feet.

HC, GC, and LC Districts. One lighted but nonflashing portable sign, not exceeding 32 square feet, shall be permitted on premises located in LC, GC and HC Districts.

Sign regulations. The following regulations shall apply to all signs lawfully permitted in the Town of Busti except those required by law:

(1)

Condition. Each sign must be constructed out of durable material and kept in good condition and repair. Any sign which is allowed to become dilapidated may be removed at the expense of the owner or lessee of the property on which it is located.

(2)

Electrical bulbs. No electric bulbs shall be exposed unless satisfactorily shielded from view by a globe or other visible barrier.

(3)

Ingress and egress. No signs shall be erected or located so as to prevent free ingress and egress from any window, door or fire escape.

(4)

Light and air. No sign shall be placed in such a position that it obscures light or air from the building.

(5)

Attachments. No signs shall be permitted which are posted, stapled or otherwise attached to public utility poles within the street right-of-way line.

(6)

Traffic. No sign shall be so erected or located that by reason of its location, shape or color (or the color, shape or location of the lights used in conjunction therewith) such sign might interfere with traffic or be confused with or obstruct the view of or effectiveness of any traffic signal, traffic sign, traffic marking, or block the view of traffic at ingress or egress points to the property.

(7)

Glare. Illuminating arrangements for signs shall be such that the light is concentrated upon such sign and there shall be no glare cast upon the street, sidewalk or adjacent property.

(8)

Flashing signs. No sign shall be a flashing sign. Flashing signs shall be defined herein as any sign that flashes by giving off reflected light, or moves, or revolves in any way, or has flowing or moving lights or parts of the signs, or alternates in any way its color, shape or intensity of illumination.

(9)

Abutting sign. No sign in a commercial or industrial district shall be placed to face an abutting residential district except where authorized by a special exception.

(10)

Contrary to zoning. No sign shall be erected containing information on which it states or implies that a property may be used for any purpose not permitted under the provisions of this chapter.

(11)

Cessation. Where the use ceases for a period of six calendar months, the sign advertising or describing such use must be removed.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

(12)

Within roads. No signs shall extend within a street or road right-of-way.

(13)

Setbacks and yards. Signs shall be set back at least 25 feet from property boundary.

(14)

Height. The top of a sign shall be no more than 20 feet in height measured from the surface of the earth.

(15)

Building sign. Signs attached to a building or buildings shall not project more than 18 inches from the wall on which such signs are attached. Signs must be attached to parapet walls or other wall surfaces made a part of the main structure. Signs shall be erected on a separate super structure made a part of the main structure. Signs erected on a separate super structure attached to the roof of the building or any other part of the building above the rooflines shall not be permitted. No signs shall project higher than four feet above the parapet line of the roofline, whichever is higher.

No permit shall be required for any sign erected in conformance herewith. Any person wishing to erect a sign not in conformance herewith may do so only after having made application to the Code Enforcement Officer for a variance pursuant to and upon the grounds stated in § 405-84 of this chapter. All such applications shall, in addition to the information required by § 405-84 hereof, contain the following:

(1)

Name, address and telephone number of the applicant and, if different, the written permission of the owners of the property on which the sign is to located.

(2)

Location of the building, structure or lot to which or upon which the sign is to be attached or erected.

(3)

Type, size and location of the sign.

(4)

The name of the person, firm or corporation or association erecting the sign.

(5)

A statement as to whether or not such sign utilizes electricity.

(6)

Such other information as the Code Enforcement Officer shall require.

(7)

The application for a variance shall be determined by the Zoning Board of Appeals in accordance with the standards set forth herein in § 405-84.

No special use permits shall be allowed for signs in any district.

Any person grieved by the Code Enforcement Officer's denial of a sign permit may appeal such decision to the Zoning Board of Appeals in accordance with Article XII of this chapter, provided that such appeal is taken within 30 days of the notification of such denial.

Upon the effective date of this chapter, the Code Enforcement Officer shall give notice to the owner or occupant of the premises wherein or whereon any nonconforming sign is located to remove such sign on or before January 1, 1984. Such notice shall be in writing and shall be served personally or by mailing a copy thereof by certified mail, return receipt requested, addressed to the owner or occupant of the premises at his or her last known address within 90 days of the enactment of this chapter or as soon thereafter as possible. In the event that the owner or occupant does not remove such sign or discontinue such use in compliance with such notice on or before January 1, 1984, the Code Enforcement Officer shall be empowered to remove the same, if it be located upon public property or within a public right-of-way, or to bring action for an injunction and/or for the penalty or penalties set forth in this chapter with respect to a violation of the same.

§ 405-41 Performance and design standards for commercial and industrial uses.

The following regulations shall be observed for commercial and industrial uses:

Fire and explosive hazards. All activities and all storage of flammable and explosive material at any point shall be provided with adequate safety devices against the hazard of fire and explosion and adequate fire-fighting and fire-suppression equipment and devices.

Noise and vibration. There shall be no violation or noise level above 85 dBA at the property line.

Glare. No direct or sky-reflected glare, whether from floodlights or from high temperature processes shall be visible from adjoining public streets or adjacent lots when viewed by a person standing on ground level.

Odor. There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive on adjoining streets or adjacent lots.

Operation. All primary operations shall be conducted entirely within closed buildings.

Screening.

(1)

A planted visual barrier or landscaped screen shall be provided and maintained by the owner or lessee of the property between any district and contiguous residentially zoned districts, except where natural or physical man-made barriers exist. This screen shall be composed of plants and trees arranged to provide both a low-level and a high-level screen. The high-level screen shall consist of trees planted with specimens no shorter than six feet and planted at intervals of not more than 10 feet. The low-level screen shall consist of shrubs or hedges planted at an interval height of not less than two feet and spaced at intervals of not more than five feet. The low-level screen shall be placed at alternating rows to produce a more effective barrier. All plants not surviving three years after planting must be replaced.

(2)

Any existing business affected by these regulations at the time of passage of this chapter shall not be required to comply with the above screening requirements except in case of enlargement or major alteration of such business. Similarly, for any zoning district boundary change after the passage of this chapter initiated by a residential developer abutting a commercially or industrially zoned property for which these regulations apply, these screening requirements shall not be imposed upon such commercial or industrial property.

Storage. All materials will be stored inside an enclosed structure. All organic rubbish or storage shall be contained in airtight, verminproof containers which shall also be screened from public view.

Landscaping. Any part or portion of the site which is not used for buildings, other structures, loading or parking spaces and aisles, sidewalks and designated storage areas shall be planted with a maintained all-season ground cover or mown lawn and shall be landscaped with trees and shrubs. This shall be done in accordance with an overall landscape plan and shall be in keeping with natural surroundings. A replacement program for nonsurviving plants should be included. Shrubs, plants, trees, all shall be planted as not to obstruct view at intersection.

Shopping cart storage. Any establishment which furnishes carts or mobile baskets as an adjunct to shopping shall provide definite areas within the required parking space areas for storage of said carts. Each designated storage area shall be clearly marked for storage of shopping carts.

Lighting. All parking areas, driveways and loading areas shall be provided with a lighting system which shall furnish a minimum of 15 footcandles at any point during hours of operation, with lighting standards in parking areas being located not farther than 100 feet apart. All lighting shall be completely shielded from traffic on any public right-of-way and from any residential district.

Building design. Buildings shall be designed to take advantage of the natural terrain and shall not be physically located to unnecessarily concentrate activity in one portion of the lot. At least one entranceway shall be maintained at ground level. All pedestrian entrances shall be paved with an all-weather surface.

Buffer strip. A one-hundred-and-fifty-foot-wide greenbelt of maintained all-season ground cover, mown lawn or landscaping of trees and shrubs shall be required along the zoning district boundary lines in industrial districts. This buffer strip can be waived in writing by the Planning Board if a natural, physical, visual barrier exists.

§ 405-42 Lakeshore regulations.

Within 50 feet of the shoreline of any lake the following regulations shall apply:

Except in the Lakeshore Commercial District, no principal building or structure shall be permitted within 50 feet of the shoreline at average high-water mark.

Except in the Lakeshore Commercial District, the only accessory buildings and structures that shall be permitted within 50 feet of the shoreline shall be automobile parking or storage and water-oriented structures, including boathouses, boat launches, piers, wharves; docks, bulkheads and jetties.

Any waterline that varies from the natural waterline and is interconnected to a lake must be bulkheaded to the satisfaction of the Code Enforcement Officer.

No wharf, dock, pier or jetty of a permanent character shall extend into the navigable water for a distance of more than 40 feet from the shoreline or to a depth of water not greater than four feet at the outer edge of the proposed structure, as measured at the ordinary low stage of such body of water.

No person shall drain, deposit or cast any dead animal, carrion, offal, excrement, garbage or other putrid or offensive matter into the water.

All docks and/or floating rafts must be securely anchored to the lake bottom or shoreline.

§ 405-43 Prohibition against mobile homes.

No person or persons being the owner or occupant of any mobile home shall park or otherwise locate said mobile home upon any premises within the Town of Busti for the purpose of using the same for living, sleeping or eating quarters, nor shall any person use or occupy any mobile home for living, sleeping or eating therein, except in a duly authorized mobile home established in accordance with § 405-27 of this chapter, and no such mobile home shall be parked, stored or otherwise be placed in any location in the Town of Busti except in a duly authorized mobile home park.

§ 405-44 Communications devices.

A satellite communications device or dish shall in matters relating to setbacks, side yards and heights be treated as a "building" within the meaning of this chapter.

§ 405-45 Quarry operations.

[Added 5-7-2001 by L.L. No. 2-2001]

A quarry, gravel pit or sand pit may be operated in that portion of the CAMP District bounded on the south by the Commonwealth of Pennsylvania, on the west by the Town of Harmony, on the east by Wellman Road, and on the north by Kortwright Road, upon the granting of a special use permit by the Zoning Board of Appeals in accordance with the following conditions and requirements:

Purpose. All quarries shall be regulated by this section, the purpose being to limit the nuisances associated with quarries and ensure that adjacent surrounding properties and the physical environment are protected.

Zoning Board of Appeals determinations. The Zoning Board of Appeals shall consider the following factors when making determinations under § 23-2711(3) of the Environmental Conservation Law.

(1)

Setbacks. Excavation, stockpiling, blasting or the operation of power-activated sorting machinery should not be allowed within 350 feet of any public road or property line whenever practical. The Zoning Board of Appeals shall consider the following items when arriving at a determination:

(a)

Prevailing winds;

(b)

Existence of natural buffers;

(c)

Potential long- and short-term effects on the road base;

(d)

Traffic safety; and

(e)

Restoration plan.

(2)

Fencing. Fencing or berm may be necessary for public safety as determined by the Zoning Board of Appeals. The Zoning Board of Appeals shall consider the type and height of fence or berm and the areas to be fenced or bermed. Consideration shall be given to:

(a)

Topography;

(b)

Type of operation;

(c)

Equipment being used;

(d)

Size of lot;

(e)

Population density; and

(f)

Any other reasonable characteristics.

(3)

Buffers. As part of the effort to restrict access to the property, existing trees and ground cover shall be maintained along public road frontage and property boundaries to the greatest degree possible. Where open space exists, depending on the type and intensity of the operation, consideration shall be given to requiring the planting of appropriate trees or shrubs.

(4)

Dust control. The Zoning Board of Appeals shall consider the following factors when determining how to best control dust produced by the operation:

(a)

Blasting/equipment. The use of blasting and/or power-activated sorting and crushing equipment shall be allowed only after a review of the following conditions demonstrates that neighbors will not be adversely affected:

[1]

Density of development in vicinity;

[2]

Setbacks;

[3]

Type of equipment and potential nuisances associated with it;

[4]

Line of sight from developed residential property and/or need for appropriate buffers; and

[5]

Safety issues (e.g., fences).

(b)

Locational considerations. The placement of power-activated sorting machinery, access roads and stockpiling should be only as close to residential structures on adjacent parcels as necessary. These activities should be located a minimum distance of 300 feet or more from residential structures on adjacent parcels whenever practical. The Zoning Board of Appeals should consider the following items when arriving at a determination:

[1]

Type of machinery and potential nuisances associated with it;

[2]

Density of development in vicinity;

[3]

Prevailing winds;

[4]

Size of operation or number of trips per day;

[5]

Proximity of adjacent property owners; and

[6]

The height of the equipment and its visibility.

(5)

Hours of operation. Quarry operations should be conducted only during the hours from 7:00 a.m. to 6:00 p.m., Monday through Saturday.

(6)

Minimum lot area. In no event should minimum lot area be less than five acres.

(7)

Parking. Off-street parking should be provided for each employee's vehicle plus sufficient loading and waiting space.

Conditions. In considering an application for a special use permit under this section, the Zoning Board of Appeals shall take into account the following conditions:

(1)

Public roads. Not more than one entrance and one exit from a highway or road shall be provided to the area of operation. Such entrance shall be subject to the approval of the Superintendent of Highways having jurisdiction and shall be located as to avoid, to the greatest degree possible, the routing of vehicles to and from the operation over streets and roads that primarily serve residential areas. The applicant should make every effort to minimize dust, noise and mud near the entrance and exit. The Zoning Board of Appeals may also limit the routing of mineral transport vehicles on Town thoroughfares.

(2)

Requirements and enforcement of mined land reclamation permit. If pursuant to § 23-2711(3) of the Environmental Conservation Law the Department of Environmental Conservation has placed requirements on the applicant's mined land reclamation permit, the Zoning Board of Appeals may make those requirements conditions to the issuance of a special use permit and may also place conditions on said special use permit reasonably designed to enforce said requirements, including, but not limited to, fines for violations thereof.

Reactivation. A special use permit shall be required to reactivate a "terminated" site. Reactivated sites must be in active production within six months of the granting of such special use permit. All conditions in this section shall apply and be complied with.

State requirements.

(1)

All New York State Department of Environmental Conservation regulations on mined land reclamation shall apply where applicable in the following areas:

(a)

State permits.

(b)

Mining (development) plan.

(c)

Reclamation plan.

(2)

Proof that the New York State Department of Environmental Conservation has been contacted as required (e.g., a response letter from the DEC).

Preexisting operations. Quarries existing in zoning districts other than CAMP District shall be "nonconforming uses," and, there as, any expansion or enlargement (purchase of additional property or use of property beyond the scope of permit) of such operations shall be subject to all regulations in this chapter, within reason, as determined by the Zoning Board of Appeals.

§ 405-46 Design and structural standards for manufactured homes.

[Added 5-7-2001 by L.L. No. 2-2001]

A manufactured home may be installed, in the CAMP District only, in accordance with the following conditions and requirements:

Foundation. A manufactured home shall be set on a solid foundation of either poured, block or panel construction.

Exposed foundations. No skirting shall be allowed. All exposed foundation walls shall be bricked, stoned, painted or covered with an approved masonry surface.

Snow load. Any approved or permitted manufactured home shall be built with a minimum snow load of 30 pounds per square feet.

Minimum square footage. A manufactured home must be at least 1,100 square feet in size.

§ 405-47 Adult uses.

[Added 5-7-2001 by L.L. No. 2-2001]

Purpose and intent. It is the purpose of this section to regulate sexually oriented businesses, to promote the health, safety, morals and general welfare of the citizens of the Town of Busti and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the Town of Busti. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this chapter to restrict or deny access by adults to sexually oriented materials protected by the First Amendment or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this chapter to condone or legitimize the distribution of obscene materials.

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

ADULT ARCADE: Any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still- or motion-picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by depicting or describing specified sexual activities or specified anatomical areas.

ADULT ART FORM: That which stresses technical knowledge and proficiency, cunning, ingenuity and subtlety in devising, inventing or executing acts or displays which are characterized by the depicting of specified sexual activities, states of nudity or exposure of anatomical areas.

ADULT BOOKSTORE or ADULT VIDEO STORE: A commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:

ADULT CABARET: A nightclub, bar, restaurant or similar commercial establishment which regularly features:

ADULT MOTEL: A hotel, motel or similar commercial establishment, which:

ADULT MOTION-PICTURE THEATER: A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

ADULT THEATER: A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

ESCORT: A person who, for consideration, agrees or offers to act as a companion, guide or date for another person or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

ESCORT AGENCY: A person or business association who or which furnishes, offers to furnish or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.

ESTABLISHMENT: Includes any of the following:

NUDE MODEL STUDIO: Any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration.

NUDITY or STATE OF NUDITY: The appearance of a human bare buttocks, anus, male genitals, female genitals or full female breasts.

PERMITTEE and/or LICENSEE: A person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.

PERSON: An individual, proprietorship, partnership, corporation, association or other legal entity.

SEMINUDE: A state of dress in which clothing covers no more than the genitals, pubic region and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.

SEXUAL ENCOUNTER CENTER: A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:

SEXUALLY ORIENTED BUSINESS: An adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion-picture theater, adult theater, escort agency, nude model studio or sexual encounter center.

SPECIFIED ANATOMICAL AREAS: The male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female genitals.

SPECIFIED SEXUAL ACTIVITIES: Includes any of the following:

SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS: The increase in floor areas occupied by the business by more than 25%, as the floor areas exist on date of enactment.

TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS: Includes any of the following:

Uses permitted.

(1)

The following uses, as hereinbefore defined, shall be designated adult uses:

(a)

Adult arcades.

(b)

Adult bookstores or adult video stores.

(c)

Adult cabarets.

(d)

Adult motels.

(e)

Adult motion-picture theaters.

Adult theaters.

Escort agencies.

Nude model studios.

Sexual encounter centers.

(2)

Adult uses shall be a permitted use in that portion of the Conservation/Agricultural/Mobile Home Park (CAMP) District bordered on the south by the Commonwealth of Pennsylvania, on the east by Wellman Road, on the north by Kortwright Road, and on the west by the Town of Harmony only, provided that:

(a)

An adult use may not be operated within 250 feet of:

[1]

A church, synagogue or regular place of worship;

[2]

A public or private elementary or secondary school or child-care facility;

[3]

An existing residence; or

[4]

A public park.

(b)

An adult use may not be operated within 500 feet of another adult use or on the same lot or parcel of land as an existing adult use.

(c)

An adult use may not be operated in the same building, structure or portion thereof containing another adult use.

(d)

For the purpose of this section, measurement shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as part of the premises where an adult use is conducted to the nearest property line of the premises of a church or public or private elementary or secondary school or to the nearest boundary of an affected public park or residence.

(e)

For purposes of Subsection C(2)(d) of this section, the distance between any two adult uses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.

(f)

All adult uses shall be conducted in an enclosed building. Regardless of location or distance, no one who is passing by an enclosed building having a use governed by these provisions shall be able to visually see any specified anatomical area or any specified sexual activity by virtue of any display which depicts or shows said area or activity. This requirement shall apply to any display, decoration, sign window or other opening.

Inspection requirements:

(1)

A person may operate an adult-use business only within that portion of the Conservation/Agricultural/Mobile Home Park (CAMP) District of the Town of Busti bordered on the south by the Commonwealth of Pennsylvania, on the east by Wellman Road, on the north by Kortwright Road, and on the west by the Town of Harmony, in accordance with the provisions of this chapter.

(2)

Prior to the commencement of any adult-use business or upon any transfer of ownership or control, the premises must be inspected and found to be in compliance with all laws, rules and regulations of the State Liquor Authority, Health Department, Fire Department and Town Code Enforcement Officer, Fire Marshal and other code enforcement officials.

(3)

The Health Department, Fire Department and Town Code Enforcement Officer, State Liquor Authority, Fire Marshal and other code enforcement officials shall complete their certification that the premises is in compliance or not in compliance within 20 days of the inspection of the premises by such officials. The certification shall be promptly presented to the Town Code Enforcement Officer.

(4)

The Town Code Enforcement Officer shall suspend the right to conduct such adult use for a period not to exceed 30 days if the Officer determines that the owner and/or operator or an employee of the owner and/or operator has:

(a)

Violated or is not in compliance with any section of this chapter.

(b)

Engaged in excessive use of alcoholic beverages while on the adult-use business premises.

(c)

Refused to allow an inspection of the adult-use business premises as authorized by this chapter.

(d)

Knowingly permitted gambling by any person on the adult-use business premises.

(e)

Knowingly allowed possession, use or sale of controlled substances on the premises.

(f)

Knowingly allowed prostitution on the premises.

(g)

Knowingly allowed any act of sexual intercourse, sodomy, oral copulation, masturbation or other sexual conduct to occur in or on the permitted and/or licensed premises.

(5)

An applicant or permittee and/or licensee shall permit representatives of any federal, state or local law enforcement authority, health department, fire department, zoning office or other Town departments or agencies to inspect the premises of an adult-use business for the purpose of ensuring compliance with the law at any time it is occupied or open for business.

(6)

Prior to any suspension, the Town Code Enforcement Officer shall provide the owner and/or operator a notice with the grounds for the suspension. The notice stating the grounds shall be provided to the owner and/or operator in writing. The owner and/or operator has the right to present its response to this notice to the Town Code Enforcement Officer within 10 days of receipt of said notice. The response may be made in person, orally or in writing. The Town Code Enforcement Officer may not suspend the right to conduct such adult use until 15 days after the notice is given to the owner and/or operator or until after receiving the owner's and/or operator's response, whichever is sooner.

Nonconforming adult use.

(1)

Any adult-use business lawfully operating on the effective date of this section that is in violation of the locational or structural configuration requirements of this chapter shall be deemed a nonconforming use.

(2)

An adult-use business lawfully operating as a conforming use is not rendered a nonconforming use by the location, subsequent to the operation of the adult-use business, of a church, public or private elementary or secondary school, public park, residential district or a residential lot within 250 feet of the adult-use business.

Enforcement.

(1)

A person who knowingly owns, manages, operates, conducts or maintains any of the uses governed by these provisions in any way which is contrary to these regulations shall be subject to prosecution under Article XIV of this chapter of the Code of the Town of Busti or, in the alternative, violation of this law may be enforced by injunction.

(2)

The continuation of a violation of the provisions of this section shall constitute, for each day the violation is continued, a separate and distinct offense hereunder.

(3)

Each violation of the provisions of this section shall subject the owner and/or operator to a fine in the amount of $250 for each such violation, in addition to any other penalties otherwise imposed hereunder.

(4)

If any part or provision of this section or the application thereof to any persons or circumstances shall be judged invalid, such judgment shall be confined to the part or application adjudged to be invalid. Such decision shall not affect the validity of the section as a whole or any part thereof, other than the part so decided to be invalid.

§ 405-48 Small wind turbines.

[Added 10-17-2011 by L.L. No. 4-2011]

Purpose.

(1)

It is the purpose of this section to promote the safe, effective and efficient use of small wind energy systems installed to reduce the on-site consumption of utility-supplied electricity while providing reasonable controls to protect public health and safety without significantly increasing the cost or decreasing the efficiency of a wind energy system.

(2)

The Town of Busti recognizes that privately owned small wind turbines are nonpolluting, help reduce reliance on fossil fuels, help reduce public utility electrical demand and contribute to the efficiency of the utility grid.

(3)

The Town of Busti further recognizes that small wind turbines are substantively different from commercial wind farms and from commercial cellular or radio towers as they are designed to supply electrical power for the owner and are not typically revenue-generating ventures. The much larger-scale wind turbines and wind farms intended to sell energy directly to power companies or retail users are not permitted uses under the Town of Busti Zoning Code.

Findings.

(1)

The Town of Busti finds that wind energy is an abundant, renewable and nonpolluting energy resource and that its conversion to electricity will reduce our dependence on nonrenewable energy resources and decreases the air and water pollution that results from the use of conventional energy sources. Distributed small wind energy systems will also enhance the reliability and power quality of the power grid, reduce peak power demands, and help diversify the local energy supply portfolio. Small wind systems also make the electricity supply market more competitive by promoting customer choice.

(2)

A number of laws and programs encourage the use of small-scale renewable energy systems, including rebates, net metering, tax credits, and other incentives. However, many existing local zoning laws fail to permit such systems or contain restrictions which, while not intended to discourage the installation of small wind turbines, can substantially increase the time and costs required to obtain necessary construction permits.

(3)

Therefore, we find that it is necessary to standardize and streamline the proper issuance of building permits for small wind energy systems so that this clean, renewable energy resource can be used in a cost-effective and timely manner.

Permits.

(1)

No small wind energy system shall be constructed, modified or operated in the Town of Busti except by obtaining a permit therefor as provided in this subsection.

(2)

If the applicant for a small wind energy system can demonstrate that the proposed system meets all the requirements set out in Subsections F and G hereof, the Code Enforcement Officer may issue a small wind energy facility permit for the system.

(3)

The Town of Busti Planning Board shall have sole discretion to review, consider and issue a permit for all other proposed small wind energy systems that cannot meet the development and construction standards hereof. The Planning Board may, after a public hearing, so long as the waiver request is detailed in the public notice, grant a waiver from the strict application of the provisions of this subsection if, in the opinion of the Planning Board, the grant of said waiver is in the best interests of the Town. The Planning Board may consider as reasonable factors in evaluating the request the impact of the waiver on the neighborhood, including the potential detriment to nearby properties, the benefit to the applicant, feasible alternatives, and the scope of the request. The Planning Board may attach such conditions as it deems appropriate to waiver approvals as it deems necessary to minimize the impact of the waiver.

Where permitted. Small wind energy systems shall be a permitted use in the Conservation/Residential (CR), Conservation/Agricultural (CA), CAMP, Industrial (I), and Light Manufacturing and Research and Development (LMR) Districts, subject to the requirements set out below:

Application for permit. An application for a small wind energy system shall be submitted to the Town of Busti Code Enforcement Office on the form provided by it and shall include:

(1)

Name, address and telephone number of the applicant. If the applicant will be represented by an agent, the name, address and telephone number of the agent, as well as an original signature of the applicant authorizing the agent to represent the applicant.

(2)

Name, address and telephone number of the property owner. If the property owner is not the applicant, the application shall include a letter or other written permission signed by the property owner:

(a)

Confirming that the property owner is familiar with the proposed applications; and

(b)

Authorizing the submission of the application.

(3)

Address of each proposed tower site, including Tax Map section, block and lot number.

(4)

Evidence that the proposed tower height does not exceed the height recommended by the manufacturer or distributor of the system.

(5)

A plot plan drawn to scale to the extent possible and in sufficient detail to show the proposed location of the small wind energy system in relation to all structures, property lines, and public roads within a five-hundred-foot radius of the system, including a circle drawn around the proposed location depicting the setback requirements set out below.

(6)

A line drawing of the electrical components of the system in sufficient detail to allow for a determination that the manner of installation conforms to the Electric Code of the Town of Busti and the New York State Building Code.

Developmental standards.

(1)

Tower height. Tower height shall not exceed 120 feet and shall be exempt from any other height restrictions of this chapter. To prevent wind turbulence harmful to the small wind energy system, the minimum height of the lowest part of any horizontal or vertical axis wind turbine blade shall be at least 30 feet above the highest structure or tree within a radius of 250 feet. The Planning Board may modify this requirement if the applicant demonstrates that a lower height or smaller radius will not jeopardize the safety of the wind turbine structure.

(2)

Setbacks. The following standards shall apply to small wind energy systems:

(a)

A small wind energy system shall be set back from the property line of abutting property a distance of no less than 1.5 times the total system height.

(b)

No part of the wind system structure, including guy wire anchors, may extend closer than 10 feet to the property boundaries of the installation site.

(c)

A small wind energy system shall be set back from the nearest public road a distance no less than 1.5 times the total system height or 100 feet, whichever is greater.

(d)

There shall be no habitable structures on the applicant's property within the fall zone.

(3)

Number of systems. No lot under five acres in size shall contain more than one small wind energy system.

(4)

Noise. Small wind energy systems shall not exceed 50 dBA, as measured at the closest neighboring inhabited dwelling at the time of installation, except during short-term events such as severe wind storms and utility outages.

(5)

Compliance with New York State Uniform Building Code. The application for a small wind energy system shall be accompanied by standard drawings of the wind turbine structure, including the tower, base and footings. An engineering analysis of the tower showing compliance with the New York State Uniform Building Code and certified by a licensed professional engineer shall also be submitted. This requirement may be satisfied by documentation presented by the manufacturer.

(6)

Compliance with National Electric Code. The application for a Small Wind Energy System shall be accompanied by a line drawing of the electrical components on a plot plan in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code. This requirement may be satisfied by documentation supplied by the manufacturer.

(7)

Compliance with FAA regulations. Small wind energy systems must comply with applicable FAA regulations, including any necessary approvals for installations close to airports. The allowed height shall be reduced to comply with all applicable federal aviation requirements, including Subpart B (commencing with Section 77.11) of Part 77 of Title 14 of the Code of Federal Regulations regarding installations close to airports.

(8)

Utility notification. No small wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

(9)

Liability insurance. Prior to the construction of any small wind energy system, and on an annual basis thereafter, the owner shall provide proof in the form of a duplicate insurance policy or a certificate issued by an insurance company that liability insurance has been obtained to cover damage or injury which might result from the use of the system or any part thereof.

Construction standards.

(1)

Exterior lighting on any structure associated with the small wind energy system shall not be allowed, except that which is specifically required by the Federal Aviation Administration.

(2)

The system's tower and blades shall be a nonreflective, unobtrusive color that blends the system and its components into the surrounding landscape to the greatest extent possible and shall incorporate nonreflective surfaces to minimize any visual disruption.

(3)

All on-site electrical wires associated with the system shall be installed underground, except for tie-ins to a public utility company and public utility company transmission poles, towers and lines.

(4)

At least one sign shall be posted on the tower at a height of five feet warning of potential electrical shock or high voltage and potential harm from revolving machinery.

(5)

No brand names, logo or advertising shall be placed or painted on the tower, rotor, generator or tail vane where it would be visible from the ground, except that a system or tower manufacturer's logo may be displayed on a system generator housing in an unobtrusive manner.

(6)

Towers shall be constructed to provide one of the following means of access control or other appropriate method of access:

(a)

Tower-climbing apparatus located no closer than 12 feet from the ground; and

(b)

A locked anti-climb device installed on the tower (if tower is a climbable type).

(7)

Anchor points for any guy wires for a system tower shall be located within the property that the system is located on and not on or across any aboveground electric transmission or distribution lines. The point of attachment for the guy wires shall be sheathed in bright orange or yellow covering from three to eight feet above the ground.

(8)

All small wind energy systems shall be equipped with manual and automatic over-speed controls. The conformance of rotor and over-speed control design and fabrication with good engineering practices shall be certified by the manufacturer.

Abandonment of use. A Small wind energy systems that is not used for 12 successive months shall be deemed abandoned and shall be dismantled and removed from the property at the expense of the property owner. Failure to abide by and faithfully comply with this section or with any and all conditions that may be attached to the granting of any permit shall constitute grounds for the revocation of the permit by the Code Enforcement Officer.

Inspection. The Code Enforcement Officer or his designated representative shall have the right at any reasonable time to perform an inspection of a small wind energy system. After conducting the inspection, the Code Enforcement Officer may order the owner to render the system inoperative for reasons related to assuring safety of operations or abating noise. The owner shall not return the system to service until any and all of the reasons which caused the Code Enforcement Officer to issue the order to the owner to make the system inoperative have been corrected. Prior to allowing a system to resume operations, the Code Enforcement Officer may require the owner to have an inspection made and a report issued by a professional engineer licensed in the State of New York, certifying that the system is safe.

Fees.

(1)

In addition to any fee schedule adopted by the Town of Busti Town Board, there shall be a nonrefundable application fee as follows:

(a)

Small wind energy system: $100 per application.

(2)

The Town Board may amend these fees, by resolution, after a properly noticed public hearing.

Enforcement; penalties and remedies for violations.

(1)

The Town Board may appoint such Town staff or outside consultants as it sees fit to enforce this section.

(2)

Any person owning, controlling or managing any building, structure or land who shall undertake a wind energy conversion facility in violation of this section or in noncompliance with the terms and conditions of any permit issued pursuant to this section, or any order of the Code Enforcement Officer, and any person who shall assist in so doing, shall be guilty of an offense and subject to a fine of not more than $500 or to imprisonment for a period of not more than 15 days, or subject to both such fine and imprisonment for a first offense; for a second offense (both within a period of five years), a fine not less than $500 nor more than $750 or imprisonment not to exceed six months, or both; and for a third or more offense (all of which occurred within five years), a fine not less than $750 nor more than $1,000 or imprisonment not to exceed six months, or both. Every such person shall be deemed guilty of a separate offense for each week such violation shall continue. The Town may institute a civil proceeding to collect civil penalties in the amounts set forth herein for each violation, and each week said violation continues shall be deemed a separate violation.

(3)

In case of any violation or threatened violation of any of the provisions of this section, including the terms and conditions imposed by any permit issued pursuant to this section, in addition to other remedies and penalties herein provided, the Town may institute any appropriate action or proceeding to prevent such unlawful erection, structural alteration, reconstruction, moving and/or use, and to restrain, correct or abate such violation or to prevent the illegal act.

§ 405-48.1 Solar energy systems.

[Added 12-17-2018 by L.L. No. 4-2018]

Purpose. The Town Board of the Town of Busti, exercising the authority granted to under the Town Law of the State of New York to protect the health, safety, and welfare of the residents and property owners of the Town of Busti, does hereby enact this section to regulate the construction, maintenance and placement of solar energy systems and equipment in the Town of Busti. The purpose of this regulation is to balance the potential impact on neighbors when solar collectors may be installed near their property, while preserving the rights of property owners to install solar collection systems without excess regulation. The Town of Busti recognizes the importance of solar systems in generating electricity for on-premises and off-premises use, the reduction of greenhouse gas emissions and support for emerging solar system economic development.

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

BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV): A solar energy system that consists of integrating photovoltaic modules into the building structure. Technologies include PV shingles or tiles, PV laminates and PV glass. Examples of placement include vertical facades, semi-transparent skylights, awnings, fixed awnings and roofs.

GLARE: 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.

GROUND-MOUNTED SYSTEMS: A solar energy system that is anchored to the ground and attached to a pole or similar mounting system, detached from any other structure.

LARGE-SCALE SYSTEM: Solar energy systems located on land in the Town of Busti used primarily to convert solar energy into electricity for off-site consumption or sale and/or systems that have the capacity to produce more than 25KW per hour of energy.

ROOF-MOUNTED SYSTEM: A solar power system in which solar panels are mounted on top of the structure of a roof either as a flush-mounted system or as modules fixed to frames which can be tilted toward the sun at an optimal angle. Roof-mounted systems shall be located on a roof of a permitted principal use or accessory structure.

SMALL-SCALE SOLAR: A solar energy system that is installed and placed for the production of energy for consumption only on site, and that has the capacity to produce less than 25KW per hour of energy.

SOLAR ENERGY EQUIPMENT: Energy storage devices, materials, hardware, or electrical equipment and conduit associated with the production of electrical energy.

SOLAR ENERGY PRODUCTION FACILITY: Energy generation facility or area of land principally used to convert solar energy to electricity, whether by photovoltaics, concentrating solar thermal devices or various experimental solar technologies, with the primary purpose of wholesale or retail sales of electricity.

SOLAR ENERGY SYSTEM: Includes a combination of both solar panels and solar energy equipment.

SOLAR PANEL: A device capable of collecting and converting solar energy into electrical energy.

SOLAR STORAGE BATTERY: A device that stores energy from the sun and makes it available in an electrical form.

Applicability.

(1)

The requirements of this section shall apply to all solar energy systems installed or modified after the effective date of the local law by which it was adopted, excluding general maintenance and repair.

(2)

All solar energy systems shall be designed, erected and installed or modified in accordance with all applicable codes, regulations and industry standards as referenced in the New York State Building Code and the Town Code as well as the National Electrical Code (NEC), National Fire Protection Code 70 (NFPA 70), and local regulations.

(3)

Under SEQRA regulations, actions are classified as Type I, Type II, or Unlisted actions. Type II actions are exempt from review and include actions such as the construction, expansion or placement of minor or accessory structures. The Town of Busti considers building-integrated solar components and small-scale systems to be Type II actions and therefore exempt from all SEQRA requirements, including the submission of an EAF (environmental assessment form). Large-scale systems and solar energy production facilities that meet thresholds contained in the SEQRA regulations and are considered more likely than others to have a significant adverse impact shall be considered Type I actions. However, the need for a complete environmental impact statement (EIS) shall be determined by the permitting board on a case-by-case basis in accordance with the significance of the potential adverse environmental impact.

Solar as an accessory use/structure. This section governs the placement and installation of small-scale solar systems as defined herein. The installation of small-scale solar systems does require the applicant to obtain a building permit from the Town of Busti.

(1)

Roof-mounted systems. Roof-mounted systems are permitted as an accessory use in all zoning districts when attached to a lawfully permitted principal structure and/or accessory structure, subject to the following requirements:

(a)

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

(b)

Setback. Solar energy systems are subject to the setback requirements of the underlying zoning district.

(c)

Aesthetics. Solar energy equipment shall incorporate the following design requirements:

[1]

Solar energy equipment shall be installed outside the primary residence or accessory structure and as close to a public utility electrical meter as practicable.

[2]

Roof-mounted panels facing the front yard must be mounted at the same angle as the roof's surface with a maximum distance of 18 inches between the roof and highest edge of the system.

[3]

Access and pathways (NFPA Section 324.7). Roof access, pathways, and spacing requirements for solar photovoltaic systems shall be provided in accordance with NFPA Sections R324.7.1 through R324.7.6.

[a]

Exceptions:

[i]

Roof access, pathways and spacing requirements need not be provided where an alternative ventilation method has been provided, or where vertical ventilation techniques will not be employed.

[ii]

Detached garages and accessory units.

[4]

Size of solar photovoltaic array (324.7.1). Each photovoltaic array shall not exceed 150 feet in any direction (45,720 mm).

[5]

Roof access points (324.1.2). Roof access points shall be located:

[a]

In areas that establish access pathways which are independent of each other and as remote from each other as practicable so as to provide escape routes from all points along the roof.

[b]

In areas that do not require the placement of ground ladders over openings such as windows or doors or areas that may cause congestion or create other hazards.

[c]

At strong points of building construction, such as corners, pilasters, hips, and valleys and other areas capable of supporting the live load from emergency responders.

[d]

Where the roof access point does not conflict with overhead obstructions such as tree limbs, wires or signs.

[e]

Where the roof access point does not conflict with ground obstructions such as decks, fences or landscaping.

[f]

In areas that minimize roof tripping hazards such as vents, skylights, satellite dishes, antennas, or conduit runs.

[6]

Ground access areas (324.7.3). Ground access areas shall be located directly beneath access roofs and roof access points. The minimum width of the ground access area shall be the full width of the access roof or roof access point, measured at the eave. The minimum depth shall allow for the safe placement of ground ladders for gaining entry to the access roof.

[7]

Single ridge roofs (324.7.4). Panels, modules or arrays installed on roofs with a single ridge shall be located in a manner that provides two thirty-six-inch-wide (914 mm) access pathways extending from the roof access point to the ridge. Access pathways on opposing roof slopes shall not be located along the same plane as truss, rafter, or other such framing system that supports the pathway.

[a]

Exceptions:

[i]

Roofs with slopes of two units vertical in 12 units horizontal (16.6%) or less.

[ii]

Structures where an access roof fronts a street, driveway or other area readily accessible to emergency responders.

[iii]

One access pathway shall be required when a roof slope containing panels, modules or arrays is located not more than 24 inches (610 mm) vertically from an adjoining roof which contains an access roof.

[8]

Hip roofs (324.7.5). Panels, modules and arrays installed on dwellings with hip roofs shall be located in a manner that provides a clear access pathway not less than 36 inches (914 mm), extending from the roof access point to the ridge or peak, on each roof slope where panels, modules or arrays are located.

[a]

Exceptions:

[i]

Roofs with slopes of two units vertical in 12 units horizontal (16.6%) or less.

[ii]

Structures where an access roof fronts a street, driveway or other area readily accessible to emergency responders.

[9]

Roofs with valleys (324.7.6). Panels and modules shall not be located less than 18 inches (457 mm) from a valley.

[a]

Exceptions:

[i]

Roofs with slopes of two units vertical in 12 units horizontal (16.6%) or less.

[10]

Allowance for smoke ventilation operations (324.7.7). Panels and modules shall not be located less than 18 inches (457 mm) from a ridge or peak.

[a]

Exceptions:

[i]

Where an alternative ventilation method has been provided or where vertical ventilation methods will not be employed between the uppermost portion of the solar photovoltaic system and the roof ridge or peak.

[ii]

Detached garages and accessory structures.

(d)

Glare. All solar panels shall have anti-reflective coating(s).

(e)

Notification to the fire service. Notification in writing to the fire department having operational authority at the location where the system will be installed shall be made no later then 10 days following installation:

[1]

Notification shall include a site map showing the location of the solar energy electrical panel, as well as the proper operation of the disconnect switch(s) in the event of a fire or other emergency situation where the homeowner, tenant or other personnel is not available or familiar with the safe shut-down operation of unit so as to have the ability to cut power from the solar panels.

[2]

In addition, a proper written statement showing the method of shut-down shall be posted inside the main electrical panel of the unit which can be readily accessible for and to firefighting personnel.

(2)

Ground-mounted systems.

(a)

Ground-mounted solar energy systems are permitted as an accessory structure in all zoning districts, subject to the requirements set forth in this section.

(b)

All ground-mounted solar panels in residential districts shall be installed in the rear yard. If a side yard installation is applied for, it shall be subject to all setback requirements of the underlying zoning district, and such an application for side yard shall require site plan review by the Town of Busti Zoning Board of Appeals.

(c)

Setback(s). Ground-mounted solar panels are subject to setback requirements of the underlying zoning district.

(d)

Height. Solar panels are restricted to a height of 15 feet when located with a minimum setback distance of 10 feet from a lot line; a height of 20 feet when located with a minimum setback distance of 15 feet from a lot line; and maximum height of 25 feet when located with a setback distance of 25 feet or greater. All height measurements are to be calculated when the solar energy system is oriented at maximum tilt.

(e)

Lot coverage. The surface area of ground-mounted solar panels shall be included in lot coverage and impervious surface calculations and shall not exceed 30% of the lot size.

(f)

Glare. All solar panels shall have anti-reflective coating(s).

(g)

Other:

[1]

Any application for installation and placement of small-scale solar energy systems under this section in a side yard location shall require an application containing a site plan showing the location of all solar energy system components, their location on the premises, their location on the premises in relation to the property line and any and all structures on the premises, and the nearest structure located on the premises adjacent thereto.

[2]

The site plan for such installation shall be reviewed by the Planning Board and shall be approved by a majority thereof.

Solar as principal use.

(1)

Large-scale solar systems are permitted by the issuance of a special use permit by the Town Board within the Industrial (I), Conservation-Agricultural (C-A), and CAMP Districts, subject to the requirements set forth in this section.

(a)

Every application for a large-scale system within the Town of Busti shall be made to the Town Board and shall be approved by a majority vote thereof.

(b)

Prior to Town Board review of the application it may refer said application to the Town Planning Board for site plan review, report and recommendation for approval or disapproval.

(c)

The Town Board shall hold a public hearing upon 10 days' notice duly posted and published in the official newspaper of the Town and on the Town bulletin board, before granting the special use permit.

(d)

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 rights-of-way.

(e)

Vehicular paths. Vehicular paths within the site shall be designed to minimize the extent of impervious materials and soil compaction and to give sufficient access for emergency vehicles.

(f)

Signage.

[1]

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.

[2]

As required by 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.

(g)

Glare. All solar panels shall have anti-reflective coating(s).

(h)

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.

(i)

Tree-cutting. Removal of existing trees larger than six inches in diameter should be minimized to the extent possible.

(j)

Decommissioning.

[1]

Solar energy systems that have been abandoned and/or not producing electricity for a period of one year shall be removed at the owner and/or operator's expense, which at the owner's option may come from any security made with the Town as set forth in Subsection E(1)(l) herein.

[2]

A decommissioning plan signed by the owner and/or operator of the solar energy system shall be submitted by the applicant.

[3]

Security.

[a]

The deposit, executions, or filing with the Town Clerk of cash, bond, or other form of security reasonably acceptable to the attorney for the Town and/or Town 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 solar energy production facility and restoration of the property with an escalator of 2% annually for the life of the solar energy system. The decommissioning amount shall be reduced by the amount of the estimated salvage value of the solar energy system.

[b]

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.

[c]

In the event of default or abandonment of the solar energy system, the system shall be decommissioned as set forth in Subsection E(1)(l) herein.

(k)

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 Zoning Enforcement Officer of such change in ownership or operator within 30 days of the ownership change.

(l)

Permit time frame and abandonment.

[1]

The special use permit for a solar energy system shall be valid for a period of 12 months, provided that a building permit is issued for construction. If construction is not completed in accordance with the final site plan, as may have been amended and approved, as required by the Town Board, within 24 months after approval, the applicant or the Town may extend the time to complete construction for six months. If the owner and/or operator fails to perform substantial construction after 30 months, the approvals shall expire.

[2]

Upon cessation of electricity generation of a solar energy system on a continuous basis for 12 months, the Town may notify and instruct the owner and/or operator of the solar energy system to implement the decommissioning plan. The decommissioning plan must be completed within six months of notification.

[3]

If the owner and/or operator fails to comply with decommissioning upon any abandonment, the Town may, at its discretion, use the bond and/or security for the removal of the solar energy system and restoration of the site in accordance with the decommissioning plan.

(2)

Special use permit application requirements. Every application for a special use permit under this section shall contain the following information:

(a)

Verification of utility notification. Foreseeable infrastructure upgrades shall be documented and submitted. Off-grid systems are exempt from this requirement.

(b)

Name, address, and contact information of the applicant, property owner(s) and agent submitting the proposed project application.

(c)

If the property of the proposed project is to be leased, legal consent among all parties, specifying the use(s) of the land for the duration of the project, including easements and other agreements.

(d)

Design drawings showing the layout of the proposed system signed by a professional engineer or registered architect.

(e)

Equipment specification sheets for all photovoltaic panels, significant components, mounting systems and invertors that are to be installed.

(f)

A property operation and maintenance plan describing continuing photovoltaic maintenance and property upkeep, such as mowing, trimming, etc.; to ensure the property does not become a safety hazard.

(g)

Decommissioning plan. To ensure the proper removal of large-scale systems, the decommissioning plan shall include details regarding the removal of all infrastructures, including the removal of concrete to a depth of four feet, and the remediation of soil and vegetation back to its original state prior to construction, unless otherwise permitted. A cost estimate detailing the projected cost of executing the decommissioning plan shall be prepared by a professional engineer or contractor. Cost estimates shall take inflation into account. In the case of a lease, the cost of decommissioning shall be borne by the entity or corporation that is leasing the property in question and not the landowner. The plan shall include a description of the form of surety the applicant intends to use.

(3)

Special use permit standards.

(a)

Height and setback: Large-scale solar energy systems shall adhere to the height and setback requirements of the underlying zoning district. Additional restrictions may be imposed during the special use permit process.

(b)

Large-scale systems shall be located on lots with a minimum lot size that is large enough to accommodate the proposed system and still meet the required setback requirements for the zoning district.

(c)

On-site electrical interconnection lines and distribution lines shall be placed underground, unless otherwise required by the utility.

(d)

The removal of existing vegetation shall be limited to the extent necessary for the construction and maintenance of the solar installation.

(e)

Screening and visibility.

[1]

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.

[2]

Solar energy systems larger than 10 acres shall be required to:

[a]

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.

[b]

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.

[i]

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.

Solar storage batteries.

(1)

If solar storage batteries are included as part of the solar energy collection system, they must be placed in a secure container or enclosure meeting the requirements of the New York State Building Code. All solar storage batteries, their maintenance, placement, and location shall also comply with all applicable rules and regulations as promulgated by New York State Building Code and the National Electric Code.

(2)

When batteries are no longer in use, they shall be disposed of in accordance with the laws of the State of New York and any applicable federal or local disposal rules or regulations.

Violations.

(1)

Any violation of any provisions of this section shall be punishable by penalty or a term of imprisonment as prescribed in Section 268 of the Town Law of the State of New York.

(2)

Notwithstanding the above, the Town Board of the Town of Busti hereby reserves the right to proceed to enforce the provisions of this section by civil action, injunction, and any other remedy afforded to it by the laws of the State of New York or the United States.