The provisions of the district regulations shall be subject
to additional requirements, limitations and exceptions in accordance
with the following supplementary regulations. Unless otherwise specified,
these supplementary regulations shall apply to all districts.
A.
Public utilities and services. The provisions of this chapter shall
not be construed to limit or interfere with the construction or operation
for public utility purposes of water and gas pipes, electric light
and power transmission and distribution lines, communication lines,
sewers, and incidental appurtenances, or with any highway or railroad
right-of-way existing or hereafter authorized by the Town of Collins,
County of Erie, or State of New York. The above exception shall not
be construed to permit yards, garages or other structures for service
or storage use by said public utility except as otherwise permitted
by this chapter.
B.
Public water and sewer. If a public water supply and/or a public
sewer system are available, no new dwelling or other new principal
building except a farm structure shall be constructed, erected, altered,
or used without connection with such public water supply and/or public
sewer system.
C.
Lot frontage on street. No dwelling shall be erected on any lot which
does not have immediate frontage on an existing or platted street
or highway.
D.
Lots in two districts. Where a district boundary line divides a lot
in single or joint ownership of record at the time such district line
is established, the regulations for the less restricted portion of
such lot shall extend not more than 25 feet into the more restricted
portion, provided the less restricted portion of the lot has frontage
on a street.
E.
Temporary structures. Temporary buildings may be placed in any district
for uses incidental to construction work, provided that such buildings
shall be removed forthwith upon the completion or abandonment of the
construction work.
F.
Volatile materials storage. All volatile materials shall be stored
and used only in containers and in the manner approved by the New
York State Uniform Fire Prevention and Building Code.
A.
Exceptions. The height limitations of this chapter shall not apply
to:
(1)
Church spires, belfries, cupolas and domes, monuments, chimneys,
smoke stacks, flagpoles, radio towers, masts and aerials, water tanks,
elevator penthouses, conveyors, and scenery lofts, provided that the
aggregate horizontal area of such part shall not exceed 20% of the
ground floor area of the main building.
(2)
Public or nonprofit institutional buildings in an R, R-A, or C District,
provided that each required front, side and rear yard is increased
one foot for each one foot of building height which exceeds the maximum
height permitted in the district.
(3)
A parapet wall extending above the height limit by not more than
four feet.
B.
Accessory buildings. Accessory buildings shall not be more than 12
feet in height.
A.
Exceptions for lots of record. The requirements of this chapter with
respect to the area and lot width shall not be construed to prevent
the erection of a one-family dwelling on any lot of record at the
effective date of this chapter, regardless of the area or width of
such lot, provided that such use is permitted in the district in which
such lot is located and provided the yard and other requirements of
this chapter are complied with. Vacant lots in the same ownership
having in the aggregate a continuous frontage of more than 100 feet
shall not qualify for this exception.
B.
Vision clearance at intersections. Clear vision shall be maintained
in the triangular area of a corner lot formed by intersecting street
lines and a line connecting them at points 30 feet distant from their
intersection. In such area no tree, shrub or other planting shall
be placed or permitted to remain and no structure shall hereafter
be permitted which obstructs sight lines at elevations between two
feet and six feet above the street grade.
C.
New street line determines building line. If a new street line has
been established in anticipation of future street widening, such new
street line shall be used in determining front yard depth or side
yard width, as the case may be.
D.
Location and coverage of accessory buildings. In R or R-A Districts,
and in C or M Districts where yards are required, permitted accessory
buildings shall not:
E.
Corner lot modification. In the case of a corner lot in R or R-A
Districts, all buildings shall comply with front yard requirements
on both streets, except that, if the rear lot line of such corner
lot is also the rear lot line of the adjoining lot on the side street,
the side street side yard shall not be less than 25 feet; provided,
however, that no projections other than roof projections shall be
permitted in such side yard. Where the rear of any corner lot abuts
any lot facing on a street, which street is a side street in relation
to such corner lot, any accessory building on the corner lot shall
be located at a distance from the rear lot line of the corner lot
equal to 10% of the depth of the corner lot, but in no case shall
this distance be less than 10 feet nor need it be more than 25 feet.
F.
Front yard exceptions. If, on one side of a street within a given
block, there are existing buildings at the time of passage of this
chapter, then the depth of the front yard will be the average depth
of the front yards of the above buildings as measured from the front
lot line to the main front wall of these same buildings, and as determined
by the Code Enforcement Officer; provided, however, that no front
yard shall be required of more than 60 feet in depth.
G.
Projections into yards. The following structures shall be allowed
within required yards:
(1)
Wall or fence not over 3 1/2 feet high in any front yard or side-street side yard; subject to Subsection B of this section.
(2)
Wall or fence not over seven feet high in any other yard. Corner lots are subject to Subsection E of this section.
(3)
Retaining wall of any necessary height.
(4)
Balconies, bay windows, chimneys and roof projections not exceeding three feet. Corner lots are subject to Subsection E of this section.
At the time any main building is erected or altered, off-street
parking spaces shall be provided on the same lot therewith, but not
in any required front yard or required side-street yard in an R or
R-A District, or in any required side yard in a C or M District. Parking
spaces shall be required as follows:
A.
One parking space for each of the following:
(1)
Dwelling unit.
[Amended 1-5-2015 by L.L.
No. 1-2015]
(2)
Two roomers, boarders or lodgers.
(3)
Tourist room or hotel room.
(4)
One hundred square feet of floor area used for doctor's or dentist's
office, and commercial recreation establishment not otherwise listed.
(5)
Two hundred square feet of office floor area used for other offices,
not specified above.
(6)
Four seats in any auditorium, hall, theater, church, or other place
of public assembly.
(7)
School classroom plus one space for each six seats in the auditorium,
or stadium, whichever is larger.
(8)
Two seats in any restaurant or other eating place.
(9)
Bed in any hospital, convalescent or nursing home.
B.
For each roadside stand, minimum off-road parking requirements are
one space for 100 square feet of retail floor space.
[Amended 1-5-2015 by L.L.
No. 1-2015]
C.
Ten parking spaces for each lane in a commercial bowling alley.
D.
For shopping centers or malls or groups of stores over 20,000 square
feet of gross floor area, parking area in square feet equal to three
times the gross floor area.
E.
For individual retail stores, parking area in square feet equal to
twice the gross floor area.
F.
Parking spaces for uses which must be approved by the Town Board
shall be as required by the Town Board.
G.
For all buildings not herein enumerated or excepted, one parking
space for each 200 square feet of gross floor space shall be required.
A.
Continuing existing use. The lawful use of an existing building on
the effective date of this chapter or amendment thereto or authorized
by a building permit issued prior thereto may be continued even though
such use does not conform to the provisions of this chapter or any
amendment thereto.
B.
Extension or enlargement. Although a legal nonconforming use may
be extended within an existing building in which it was the principal
occupant, it shall not be extended to displace a conforming residential
use nor shall the building or structure housing the nonconforming
use be enlarged.
C.
Change of use. A nonconforming use may be changed to a use of a higher
classification or whenever a district shall hereafter be changed,
a then nonconforming use in such changed district may be continued
or changed to a higher classification, provided all other regulations
governing the new use are complied with.
D.
Nonconforming use abandoned. Whenever a nonconforming use has been
abandoned or changed to a higher classification or a conforming user,
such use shall not thereafter be changed to a nonconforming use or
lower classification.
E.
Nonconforming use discontinued. In any district, whenever a nonconforming
use of land, premises, building or structure, or any part or portion
thereof, has been discontinued for a period of one year, such nonconforming
use shall not thereafter be reestablished, and all future use shall
be in conformity with the provisions of this chapter. Such discontinuance
of the active and continuous operation of such nonconforming use,
or a part or portion thereof, for such period of one year, is hereby
construed and considered to be an abandonment of such nonconforming
use, regardless of any reservation of an intent not to abandon same
or of an intent to resume active operations. If actual abandonment
in fact is evidenced by the removal of buildings, structures, machinery,
equipment and other evidences of such nonconforming use of the land
and premises, the abandonment shall be construed and considered to
be completed within a period of less than one year and all rights
to reestablish or continue such nonconforming use shall thereupon
terminate.
F.
Restoration. No nonconforming building which has been damaged by
fire or other causes to the extent of more than 50% of its value shall
be rebuilt or repaired except in conformance with the regulations
of this chapter.
G.
District changes. Whenever the boundaries of a district shall be
changed so as to transfer an area from one district to another district
of a different classification, or whenever the text of this chapter
shall be changed with respect to uses permitted in a district, the
foregoing provisions shall also apply to any nonconforming buildings
or uses therein.
H.
Farm uses excepted. Notwithstanding any other provisions of this
chapter, any farm operation and any farm building formerly conducted
or used in any district hereafter classified as R-A may be reestablished,
renewed or restored.
I.
Restoration of unsafe buildings. Nothing in this section shall prohibit
the restoration to a safe condition of any building, structure or
portion thereof declared unsafe by the Code Enforcement Officer.
[Added 8-14-2017 by L.L.
No. 2-2017]
A.
Authority.
This Zoning for Solar Energy Law is adopted pursuant to §§
261 through 263 of the Town Law of the State of New York, which authorize
the Town of Collins to adopted zoning provisions that advance and
protect the health, safety, and welfare of the community, and "to
make provision for, so far as conditions permit, the accommodation
of solar energy systems and equipment and access to sunlight necessary
therefor."
B.
Purpose.
(1)
It is in the public interest to provide for and encourage renewable
energy systems. The purpose of this chapter is to facilitate the development
and operation of renewable energy systems based on sunlight.
(2)
However, the Town of Collins recognizes a growing need to properly
site energy systems within the Town to protect agricultural, residential,
and business areas and to protect the health, safety, and general
welfare of the citizens of Collins.
C.
APPLICANT
BUILDING-INTIGRATED PHOTOVOLTAIC (BIPV)
GROUND-MOUNTED SOLAR ENERGY SYSTEM
LARGE- OR UTILITY-SCALE SOLAR ENERGY SYSTEM
ROOF-MOUNTED SYSTEM
SOLAR ENERGY EQUIPMENT
SOLAR ENERGY SYSTEM
SOLAR PANEL
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
Any person or entity filing an application and seeking approval
under this section. When the term "applicant" or "owner" or "operator"
is used in this section, said term shall include any person acting
as an applicant, owner, or operator.
A combination of photovoltaic building components integrated
into any building envelope system, such as vertical facades, including
glass and other facade material, semitransparent skylight systems,
roofing materials, and shading over windows.
A solar energy system that is anchored to the ground and
attached to a pole or similar mounting system, detached from any other
structure for the primary purpose of producing electricity for on-site
consumption.
Solar energy systems located on land primarily to convert
solar energy into electricity for off-site energy consumption. The
intent of this energy system is to supple energy into a utility grid
for sale to the general public.
A solar panel system located on the roof of any legally permitted
building or structure for the purpose of producing electricity for
on-site or off-site consumption.
Electrical energy storage devices, material, hardware, inverters,
or other electrical equipment and conduit of photovoltaic devices
associated with the production of electrical energy.
An electrical generating system composed of a combination
of both solar panels and solar energy equipment.
A photovoltaic device capable of collecting and converting
solar energy into electrical energy.
D.
Applicability.
The requirements of this section shall apply to all solar energy systems
installed or modified after the effective date of this section, excluding
general maintenance and repair and building-integrated photovoltaic
systems.
E.
Districts
where permitted.
F.
General
regulations. The placement, construction, and major modification of
all solar energy systems within the boundaries of the Town of Collins
shall be permitted only as follows:
(1)
Rooftop-mounted solar energy systems upon issuance of a building
permit based on application information supplied by the Town's Code
Enforcement Officer.
(2)
Ground-mounted solar energy systems upon issuance of a building permit
based on application information supplied by the Town's Code Enforcement
Officer.
(3)
Large- or utility-scale solar energy systems will require a special
use permit in addition to the requirements set forth in this section.
(4)
All solar energy systems shall adhere to all applicable federal,
state, county, and Town of Collins laws, regulations, and building,
plumbing, electrical, and fire codes.
(5)
No element of the solar energy system shall reflect sunlight as glare
or glint onto a neighboring property, public right-of-way, or aircraft
flight path.
G.
Roof-mounted
solar energy systems.
(1)
Height. Solar energy systems shall not exceed the maximum height
restrictions of the zoning district within which they are located
and are provided the same height exemptions granted to building-mounted
mechanical devices or equipment.
(2)
Aesthetics. Roof-mounted solar energy system installations shall
incorporate, when feasible, the following design requirements:
(a)
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.
H.
Ground-mounted
solar energy systems. Ground-mounted solar energy systems shallbe
subject to the following requirements:
(1)
Ground-mounted solar energy systems that use the electricity primarily
on site are permitted as accessory structures in the Town of Collins.
(2)
Location shall be no closer than twice the standard setback requirements
for an accessory structure in which the system is located.
(3)
Location of the system shall be only in the side or rear yard.
(4)
Orientation of the said solar energy system shall not be pointed
at any adjoining residential dwelling.
(5)
Systems are limited to 50% for lot coverage. The surface of ground-mounted
solar panels shall be included in lot coverage and impervious surface
calculations.
I.
Large-
or utility-scale solar energy systems. Large- or utility-scale solar
energy systems are permitted through the issuance of a special use
permit within the Residential Agricultural (RA) District in the Town
of Collins in addition to the requirements set forth in this section.
(1)
Large- or utility-scale 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.
(2)
Large-scale systems shall be located only on lots with a minimum
size of 10 acres.
(3)
Lot coverage. Systems are limited to 50% for lot coverage. The surface
of ground-mounted solar panels shall be included in lot coverage and
impervious surface calculations.
(4)
All large-size solar energy systems shall be enclosed by fencing
to prevent unauthorized access. Warning signs with the owner's contact
information shall be placed on the entrance and the perimeter of the
fencing. The height and type of fencing shall be determined by the
special use permit process. The special use permit shall also determine
the size and location of perimeter signage.
(5)
On-site electrical interconnection lines and distribution lines shall
be placed underground, unless otherwise required by the utility.
(6)
The removal of existing vegetation is limited to the extent necessary
for the construction and maintenance of the solar installation.
J.
Special
use permit requirements.
(1)
The applicant for a special use permit must provide the following
information uriless waived by the approving board:
(a)
Verification of utility notification. Foreseeable infrastructure
upgrades shall be documented and submitted. Off-grid systems are exempt
from this requirement.
(b)
Name and address and contact information of the applicant, property
owner(s), and agent submitting the proposed project.
(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, shall be
submitted.
(d)
Application to the Town of Collins Planning Board must be made and
site plan approval granted from that Board.
(e)
The equipment specification sheets shall be documented and submitted
for all photovoltaic panels, significant components, mounting systems,
and inverters that are to be installed.
(f)
A property operation and maintenance plan is required, describing
continuing photovoltaic maintenance and property upkeep, including
mowing, trimming, etc.
(g)
The Town of Collins 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).[1]
[1]
Editor’s Note: See Environmental Conservation Law §
8-0101 et seq.
(h)
To insure proper removal of large-scale systems, a decommissioning
plan shall be required. The plan is to include removal of all infrastructures
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 licensed contractor.
Inflation shall be taken into account in the cost estimates.
(2)
Further, the Collins Town Board reserves the right to submit all
plans, drawings, documents, etc., to an engineering firm of its choosing
for review, with the costs of said review to be the respbnsibility
of the applicant or his/her representative(s).
K.
Procedures
and fees.
(1)
Revocation. If the applicant violates any of the conditions of its
special use permit or building permit or site plan approval or violates
any other local, state or federal laws, rules or regulations, this
shall be grounds for revocation of the special use permit or site
plan approval. Revocation may occur after the applicant is notified,
in writing, of the violations.
(2)
Time limit on completion. Upon receipt of any required approval by
the Collins Town Board, the applicant shall have six months to apply
for a building permit. After issuance of a building permit, the applicant
shall have six months to begin the project and 12 months to complete
the project. Upon receipt of any required approval by the Collins
Town Board, the applicant shall have 12 months to begin the project
before those approvals lapse. Prior to the lapse of any approvals,
the applicant may, for just cause, apply by written request to the
Town Board for an extension to this time line.
(3)
Utility-scale solar energy system. An applicant shall pay an initial
application fee of such amount as the Town Board may, from time to
time, determine by resolution, upon filing its special use permit
and site plan application to cover the cost of processing ahd reviewing
the application.
(a)
Fee for issuance ofa building permit: In addition to any special
use permit application fee, an applicant shall pay a building permit
fee for utility-scale solar energy systems of such amount as the Town
board may, from time to time, determine by resolution.
L.
Abandonment
and decommissioning.
(1)
Solar energy systems are considered abandoned after two years without
electrical generation and must be removed from the property. Applications
for extensions are reviewed by the Planning Board for a period of
one year.
(2)
The Collins Town Board reserves the right to require a form of surety
through escrow or bond, or the equivalency of, prior to the commencement
of construction to cover the cost of decommissioning the site.
(3)
If the utility-scale solar energy system is not decommissioned after
being considered abandoned, the Town of Collins may remove the system,
restore the property, and impose a lien on the property to cover all
the costs.
M.
Enforcement.
Any violation of this Solar Energy Law shall be subject to the same
civil and criminal penalties provided for in the zoning regulations
of theTown of Collins.
N.
Severability.
The invalidity or unenforceability of any section, subsection, paragraph,
sentence, clause, provision or phrase of the aforementioned section
as declared by the valid judgment of any court of competent jurisdiction
to be unconstitutional shall not affect the validity or enforceability
of any other section, subsection, paragraph, sentence, clause, provision
or phrase, which shall remain in force and effect.
