[Added 11-1-2017 by L.L.
No. 6-2017
The Town of Sullivan recognizes that solar energy is a clean,
readily available and renewable energy source. Development of solar
energy systems offers an energy source that can prevent fossil fuel
emissions, reduce the Town's energy demands and attract and promote
green business development within the Town. The Town of Sullivan has
determined that comprehensive regulations regarding the development
of solar energy systems are necessary to protect the interests of
the Town, its residents, and businesses. This article is intended
to promote the effective and efficient use of solar energy systems;
establish provisions for the placement, design, construction, operation
and removal of such systems in order to uphold the public health,
safety and welfare; and to ensure that such systems will not have
a significant adverse impact on the aesthetic qualities and character
of the Town.
This article shall apply to all solar energy systems in the
Town of Sullivan which are installed or modified after the effective
date of this article. All solar energy systems which are installed
or modified after the effective date of this article shall be in compliance
with all of the provisions hereof.
As used in this article, the following terms shall have the
meanings indicated:
A basic measure of the critical water contents of a fine-grained
soil and its shrinkage limit, plastic limit, and liquid limit. Establishes
the moisture contents at which fine-grained clay and silt soils transition
between solid, semisolid, plastic, and liquid states.
[Added 12-15-2021 by L.L. No. 4-2022]
A solar energy system incorporated into and becoming part
of the overall architecture, design and structure of a building in
manner that the solar energy system is a permanent and integral part
of the building structure.
An individual possessing the skills and knowledge to effectively
develop a site for use as a solar PV system and then reclaim the site,
restoring it, to the greatest extent practical, to its original use.
[Added 12-15-2021 by L.L. No. 4-2022]
Land, designated as "Farmland of Statewide Importance" in
the U.S. Department of Agriculture Natural Resources Conservation
Service's (NRCS) Soil Survey Geographic (SSURGO) Database on Web Soil
Survey, and/or pursuant to the New York State classification system
for Madison County, that is of statewide importance for the production
of food, feed, fiber, forage, and oilseed. Farmland of statewide importance
may include tracts of land that have been designated for agriculture
by New York State.
[Added 12-15-2021 by L.L. No. 4-2022]
A rooftop-mounted solar energy system with solar panels which
are installed flush to the surface of a roof and which cannot be angled
or raised.
A solar energy system that is affixed to the ground either
directly or by mounting devices and which is not attached or affixed
to a building or structure.
A contract between a developer and a local governing body
whereby the developer agrees to provide the community with certain
benefits and mitigate specified impacts of the solar project.
[Added 12-15-2021 by L.L. No. 4-2022]
A unit of electrical power equal to 1,000 watts, which constitutes
the basic unit of electrical demand. A watt is a metric measurement
of power (not energy) and is the rate (not the duration) at which
electricity is used; 1,000 kW is equal to one megawatt (MW).
[Added 12-15-2021 by L.L. No. 4-2022]
A unit of electrical power equal to 1,000 kilowatts, which
constitutes a unit of electrical demand.
[Added 12-15-2021 by L.L. No. 4-2022]
Native wildflowers and grasses that serve as habitat, forage,
and migratory way stations for pollinators and shall not include any
prohibited or regulated invasive species as determined by the New
York State Department of Environmental Conservation.
[Added 12-15-2021 by L.L. No. 4-2022]
A billing arrangement that allows solar customers to receive
credit for excess electricity which is generated from the customer's
solar energy system and delivered back to the grid so that customers
only pay for their net electricity usage for the applicable billing
period.
Bees, birds, bats, and other insects or wildlife that pollinate
flowering plants and includes both wild and managed insects.
[Added 12-15-2021 by L.L. No. 4-2022]
Soils and land that are best suited for producing food, feed,
forage, fiber, and oilseed crops and must be available for this use.
Such soils have the soil quality, growing season, and moisture supply
needed to economically produce a sustained high yield of crop when
it is treated and managed according to acceptable farming methods.
Prime farmland may now be in crops, pasture, woodland, or other land
but not in urban and built-up land or water areas. [As referenced
by the 2019 Madison County Agriculture and Farmland Protection Plan;
lands designated as “Prime Farmland” in the U.S. Department
of Agriculture Natural Resources Conservation Service's (NRCS) Soil
Survey Geographic (SSURGO) Database on Web Soil Survey; and Class
I and Class II soil classifications found in the Madison County Planning
Department Soil Classification Map of Madison County (September 2007)].
[Added 12-15-2021 by L.L. No. 4-2022]
A person who has skills and knowledge related to the construction
and operation of solar energy systems (and the components thereof)
and installations and has received safety training on the hazards
involved. Persons who are on the list of eligible photovoltaic installers
maintained by the New York State Energy Research and Development Authority
(NYSERDA), or who are certified as a solar installer by the North
American Board of Certified Energy Practitioners (NABCEP), shall be
deemed to be qualified solar installers for the purposes of this definition.
Persons who are not on NYSERDA's list of eligible installers or NABCEP's
list of certified installers may be deemed to be qualified solar installers
if the Town Code Enforcement Officer or such other Town officer or
employee as the Town Board designates determines such persons have
had adequate training to determine the degree and extent of the hazard
and the personal protective equipment and job planning necessary to
perform the installation safely. Such training shall include the proper
use of special precautionary techniques and personal protective equipment,
as well as the skills and techniques necessary to distinguish exposed
energized parts from other parts of electrical equipment and to determine
the nominal voltage of exposed live parts.
A solar energy system in which solar collectors/panels are
mounted on the roof of a building or structure either as a flush-mounted
system or as panels fixed to frames which can be tilted to maximize
solar collection. Rooftop-mounted solar energy systems shall be wholly
contained within the limits of the building's or structure's roof
surface.
Space open to the sun and clear of overhangs or shade, including
the orientation of streets and lots to the sun so as to permit the
use of active and/or passive solar energy systems on individual properties.
A solar photovoltaic cell, panel, or array, or solar hot
air or water collector device, which relies upon solar radiation as
an energy source for the generation of electricity or transfer of
stored heat.
A complete system of solar collectors, panels, controls,
energy devices, heat pumps, heat exchangers, and other materials,
hardware or equipment necessary to the process by which solar radiation
is collected and converted into another form of energy, including
but not limited to thermal and electrical, stored and protected from
dissipation and distributed. For purposes of this article, a solar
energy system does not include any solar energy system of four square
feet in size or less.
A solar energy system or collection of solar energy systems
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 supplying
electricity to a utility grid for wholesale or retail sales of electricity
to the general public or utility provider.
A device which converts solar energy into electricity.
The space between a solar energy system and the sun through
which solar radiation passes.
A device that stores energy from the sun and makes it available
in an electrical form.
A.
Districts where allowed. Building-integrated solar energy systems
shall be permitted in all zoning districts within the Town, subject
to the submission of, application for and review and issuance of an
applicable building permit.
A.
Districts where allowed. Rooftop-mounted solar energy systems shall
be permitted in all zoning districts within the Town, subject to the
following requirements:
(1)
A building permit shall be required for installation of all rooftop-mounted
solar energy systems.
(2)
If practicable, a rooftop-mounted solar energy system on a pitched
roof shall be mounted with a maximum distance of eight inches, or
as required by the New York State Uniform Fire Prevention and Building
Code, between the roof surface and the highest edge of the system.
Rooftop-mounted solar energy systems shall be mounted parallel to
the roof plane on which they are mounted. However, in the case of
buildings which have a flat roof, a tilted mount may be permitted
subject to site plan review before the Planning Board.
[Amended 12-15-2021 by L.L. No. 4-2022]
(3)
In order to ensure firefighter and other emergency responder safety,
except in the case of accessory buildings under 1,000 square feet
in area, there shall be a minimum perimeter area around the edge of
the roof and structurally supported pathways to provide space on the
roof for walking around all rooftop-mounted solar energy systems.
Additionally, installations shall provide for adequate access and
spacing in order to:
(4)
Exceptions to these requirements may be requested where access, pathway
or ventilation requirements are reduced due to:
(a)
Unique site-specific limitations;
(b)
Alternative access opportunities (such as from adjoining roofs);
(c)
Ground level access to the roof area in question;
(d)
Other adequate ventilation opportunities when approved by the
Codes Office;
(e)
Adequate ventilation opportunities afforded by panels set back
from other rooftop equipment (for example: shading or structural constraints
may leave significant areas open for ventilation near HVAC equipment);
(f)
Automatic ventilation devices; or
(g)
New technology, methods or other innovations that ensure adequate
emergency responder access, pathways and ventilation opportunities.
B.
Rooftop-mounted solar energy systems shall be subject to the general requirements set forth in § 275-49.
C.
Permit application requirements for rooftop-mounted solar energy
systems.
(1)
In addition to the requirements specified in § 275-47A and B, an applicant must submit the following materials to the Code Enforcement Officer:
(a)
Unified solar permit eligibility checklist.
(b)
A site plan showing the location of major components of the
solar energy system and other equipment on the roof or legal accessory
structure. This plan should represent relative locations of components
at the site, including, but not limited to, location of arrays, existing
electrical service locations, utility meters, inverter locations,
system orientation and tilt angles. This plan should show access and
pathways that are compliant with New York State Uniform Fire Prevention
and Building Code, if applicable.
(c)
One-line or three-line electrical diagram. The electrical diagram
required by NYSERDA for an incentive application and/or utilities
for an interconnection agreement may also be provided here.
(d)
Specification sheets for all manufactured components. If these
sheets are available electronically, a web address will be accepted
in place of an attachment, at the discretion of the Town.
(e)
All diagrams and plans must be prepared by a professional engineer
or registered architect as required by New York State law and include
the following:
(2)
Permit review and inspection timeline. Permit determinations will
be issued within 14 days upon receipt of complete and accurate applications.
The municipality will provide feedback within seven days of receiving
incomplete or inaccurate applications. If an inspection is required,
a single inspection should be sufficient and will be provided within
seven days of inspection request.
A.
Districts where allowed. Ground-mounted solar energy systems are
permitted as accessory structures in all zoning districts of the Town,
subject to the following requirements:
(1)
A building permit shall be required for installation of all ground-mounted
solar energy systems irrespective of the zoning district in which
the ground-mounted solar energy system is located.
(2)
A special use permit must be obtained from the Planning Board for
the installation of all ground-mounted solar energy systems located
in the Low Density Residential (LR-40) District and the Medium Density
Residential (MR-12) District.
(3)
Site plan approval from the Planning Board shall be required for
the installation of all ground-mounted solar energy systems located
in the Agricultural (A) District, Business (B) District and Industrial
(I) District.
(4)
Ground-mounted solar energy systems are prohibited in front yards.
(a)
Ground-mounted solar energy systems shall comply with the area
and yard regulations in each applicable underlying zoning district
in which said system is constructed; provided, however, that further
setbacks and bulk restrictions may be required by the Planning Board
in order to protect the public's health, safety and welfare.
(5)
The height of the solar collector/panel and any mounts shall not
exceed 15 feet in height when oriented at maximum tilt measured from
the ground and including any base.
(6)
Ground-mounted solar energy systems shall be screened when possible
and practicable from adjoining lots and street rights-of-way through
the use of architectural features, earth berms, landscaping, fencing
or other screening which will harmonize with the character of the
property and the surrounding area. The proposed screening shall not
interfere with the normal operation of the solar collectors/panels.
(7)
The ground-mounted solar energy system shall be located in a manner
to reasonably minimize view blockage for surrounding properties (especially
lake views) and shading of property to the north, while still providing
adequate solar access for the solar energy system.
(8)
Neither the ground-mounted solar energy system, nor any component
thereof, shall be sited within any required buffer area.
(9)
The total surface area of all ground-mounted solar energy system components shall not exceed the area of the ground covered by the building structure of the largest building on the lot measured from the exterior walls, excluding patios, decks, balconies, screened and open porches, and attached garages, provided that nonresidential placements exceeding this size may be approved by the Planning Board, subject to site plan review pursuant to Article IV, § 275-8M.
(10)
The area beneath the ground-mounted solar energy system shall
be included in calculating whether the lot meets the maximum permitted
lot coverage requirements for the applicable district, notwithstanding
that the collectors are not "buildings."
A.
All solar energy system installations must be performed by a qualified
solar installer.
B.
Solar energy systems, unless part of a solar farm, shall be permitted
only to provide power for use by owners, lessees, tenants, residents
or other occupants of the premises on which they are erected, but
nothing contained in this provision shall be construed to prohibit
the sale of excess power through a net-metering arrangement in accordance
with New York Public Service Law § 66-j or similar state
or federal statute.
C.
Prior to operation, electrical connections must be inspected by a
Town Code Enforcement Officer and by an appropriate electrical inspection
person or agency, as determined by the Town.
D.
Any connection to the public utility grid must be inspected by the
appropriate public utility.
E.
Solar energy systems shall be maintained in good working order.
F.
Solar energy systems shall be permitted only if they are determined
by the Town to be consistent in size and use with the character of
the surrounding neighborhood.
H.
All solar energy systems described in this article shall meet and
comply with all relevant and applicable provisions of the New York
State Uniform Fire Prevention and Building Code standards. To the
extent the provisions of the New York State Uniform Fire Prevention
and Building Code are more restrictive than the provisions set forth
in this article, the provisions of the New York State Uniform Fire
Prevention and Building Code shall apply.
I.
If solar storage batteries are included as part of the solar energy
system, they must be placed in a secure container or enclosure meeting
the requirements of the New York State Building Code when in use,
and when no longer used shall be disposed of in accordance with the
laws and regulations of the Town and other applicable laws and regulations.
J.
All utility services and electrical wiring/lines shall be placed
underground and otherwise be placed within the walls or unobtrusive
conduit. No conduits or fees may be laid on the roof. Feeds to the
inverter shall run within the building and penetrate the roof at the
solar panel location.
K.
If a solar energy system ceases to perform its originally intended
function for more than 12 consecutive months, the property owner shall
completely remove, at his own sole cost and expense, the system, mount
and all other associated equipment and components by no later than
90 days after the end of the twelve-month period or within 10 days
of written notice from the Town.
L.
To the extent practicable, solar energy systems shall have neutral
paint colors, materials and textures to achieve visual harmony with
the surrounding area.
M.
The design, construction, operation and maintenance of the solar
energy system shall prevent the direction, misdirection and/or reflection
of solar rays onto neighboring properties, public roads, public parks
and public buildings.
N.
Marking of equipment.
(1)
Solar energy systems and components shall be marked in order to provide
emergency responders with appropriate warning and guidance with respect
to isolating the solar energy system. Materials used for marking shall
be weather-resistant. For residential applications, the marking may
be placed within the main service disconnect. If the main service
disconnect is operable with the service panel closed, then the marking
should be placed on the outside cover.
(2)
In the event any of the standards in this subsection for markings
are more stringent than applicable provisions of the New York State
Uniform Fire Prevention and Building Code, they shall be deemed to
be guidelines only and the standards of the state code shall apply.
O.
Prior
to the time of the issuance of a solar/building permit, the applicant/owner
shall demonstrate to the Code Enforcement Officer a reliable and safe
method for de-energizing the solar energy system in the event of an
emergency. The method and location to de-energize the solar energy
system, once approved by the Code Enforcement Officer, shall be provided
by the applicant to all applicable emergency services and first responders.
[Added 12-15-2021 by L.L. No. 4-2022]
P.
All solar
energy systems shall be required to use solar panels made and manufactured
in the United States of America.
[Added 12-15-2021 by L.L. No. 4-2022]
A.
Districts where allowed. Subject to the issuance of site plan approval
and a special use permit and other requirements as set forth herein,
solar farms shall not be a permitted use in any zoning district other
than the Agricultural (A) District, Business (B) District and Industrial
(I) District within the Town.
B.
Districts where prohibited. Solar farms shall be prohibited in the
Low Density Residential (LR-40) District, the Medium Density Residential
(MR-12) District and other zoning districts not specifically authorized
for such use. Notwithstanding anything in this chapter to the contrary,
solar farms are also hereby expressly prohibited on all lands north
of New York State Route 31 in the Town of Sullivan between the boundaries
of the Town of Cicero and the Town of Lenox.
[Amended 1-6-2021 by L.L. No. 1-2021]
C.
Lot area and yard regulations. The following lot area and yard regulations
shall apply to solar farms located in the Agricultural (A) District,
Business (B) District and Industrial (I) District within the Town.
D.
Permits required. No person, firm or corporation, or other entity
being the owner, occupant, or lessee of any land or premises within
the Town of Sullivan shall use or permit the use of land or premises
for the construction or installation of a solar farm without obtaining
a building permit, a special use permit issued by the Planning Board
and a site plan approval issued by the Planning Board as hereinafter
provided.
E.
Special use permit.
(1)
In addition to the criteria set forth in Article V (Special Procedures and Standards), the following criteria are hereby established for purposes of granting a special use permit for a solar farm under this article:
(a)
Scenic viewsheds. A solar farm shall not be installed in any
location that would substantially detract from or block the view(s)
of all or a portion of a recognized scenic viewshed, as viewed from
any public road, right-of-way or publicly owned land within the Town
of Sullivan or that extends beyond the border of the Town of Sullivan.
For purposes of this subsection, consideration shall be given to any
relevant portions of the current, amended and/or future Town of Sullivan
Comprehensive Plan and/or any other prior, current, amended and/or
future officially recognized Town planning document or resource.
(b)
Emergency shutdown/safety. The applicant shall demonstrate the
existence of adequate emergency/safety measures. The applicant shall
post an emergency telephone number so that the appropriate entities
may be contacted should any solar panel or other component of the
solar farm need immediate repair or attention. This emergency telephone
number should be clearly visible and in a location which is convenient
and readily noticeable to someone likely to detect a problem.
(c)
Security. All solar farms shall be secured to the extent practicable to restrict unauthorized access. See § 275-50F(1)(q).
(d)
Access road. To the greatest extent possible, existing roadways
shall be used for access to the site and its improvements. In the
case of constructing any roadways necessary to access the solar farm,
they shall be constructed in a way that allows for the passage of
emergency vehicles in the event of an emergency. Each application
shall be accompanied by correspondence from the responding fire department
and emergency care provider as to the acceptability of the proposed
ingress to and egress from the solar farm site.
(e)
The development and operation of the solar farm shall not have
a significant impact on fish, wildlife, animal or plant species or
their critical habitats, or other significant habitats identified
by the Town of Sullivan or federal or state regulatory agencies.
(f)
Setbacks. Additional setbacks may be required to those set forth in § 275-50C by the Planning Board in order to provide for the public's safety, health and welfare.
(g)
No solar farm shall be installed on or within 1,000 feet of wetlands
as identified/defined by the New York State Department of Environmental
Conservation, the U.S. Army Corps of Engineers or local governing
body.
[Added 12-15-2021 by L.L. No. 4-2022]
(h)
In the granting of a special use permit, the Planning Board will
strive to permit the location of solar farms in such a manner so that
no one area or neighborhood in the Town shall be overburdened by the
placement of any proposed solar farm(s). Screening, including plantings,
berms, and other screening methods, may be required to mitigate any
impacts. Such plantings and screening shall be continuously maintained
and replaced if dead, dying, or falling into disrepair.
[Added 12-15-2021 by L.L. No. 4-2022]
(i)
Equipment specification sheets shall be documented and submitted
to the Planning Board for all photovoltaic panels, significant components,
mounting systems, batteries and inverters that are to be installed.
[Added 12-15-2021 by L.L. No. 4-2022]
(j)
Noninvasive, native ground cover under and between the rows of solar
panels shall be low-maintenance, drought-resistant, non-fertilizer-dependent
and shall be pollinator-friendly to provide a habitat for bees, birds,
bats, and other insects or wildlife that pollinate flowering plants
and includes both wild and managed insects.
[Added 12-15-2021 by L.L. No. 4-2022]
(k)
For community solar projects, the reviewing board has the authority
to require that the applicant open subscription services to Town residents
before offering subscriptions to others.
[Added 12-15-2021 by L.L. No. 4-2022]
(2)
Waiver. The Planning Board may, upon exercise of its reasonable discretion,
waive one or more of the submission requirements imposed herein. Relief
from all other requirements must be made by way of an area or use
variance from the Zoning Board of Appeals.
F.
Site plan review.
(1)
The following submission requirements must be observed regarding a site plan application for a solar farm. The Planning Board may also require any of the requirements of Article IV, § 275-8M, as part of the submission.
(a)
A completed application form as supplied by the Town of Sullivan
for site plan approval for a solar farm.
(b)
Proof of ownership of the premises involved or proof that the
applicant has written permission of the owner to make such application.
(c)
Plans and drawings of the proposed solar farm installation signed
by a professional engineer registered in New York State showing the
proposed layout of the entire solar farm along with a description
of all components, whether on site or off site, existing vegetation
and proposed clearing and grading of all sites involved. Clearing
and/or grading activities are subject to review by the Planning Board
and shall not commence until the issuance of site plan approval. The
plans and development plan shall be drawn in sufficient detail and
shall be further described:
[1]
Property lines and physical dimensions of the proposed site,
including contours at five-foot intervals.
[2]
Location, approximate dimensions and types of all existing structures
and uses on the site.
[3]
Location and elevation of the proposed solar farm and all components
thereof.
[4]
Location of all existing aboveground utility lines within 1,200
linear feet of the site.
[5]
Where applicable, the location of all transmission facilities
proposed for installation. All transmission lines and wiring associated
with a solar farm shall be buried underground and include necessary
encasements in accordance with the National Electrical Code and Town
requirements. The Planning Board may recommend waiving this requirement
if sufficient engineering data are submitted by the applicant demonstrating
that underground transmission lines are not feasible or practical.
The applicant is required to show the locations of all proposed overhead
electric utility/transmission lines (if permitted) and underground
electric utility/transmission lines, including substations and junction
boxes and other electrical components for the project on the site
plan. All transmission lines and electrical wiring shall be in compliance
with the public utility company's requirements for interconnection.
Any connection to the public utility grid must be inspected by the
appropriate public utility.
[6]
Location of all service structures proposed as part of the installation.
[7]
A landscape plan showing all existing natural land features,
trees, forest cover and all proposed changes to these features, including
size and type of plant material. The plan shall show any trees and/or
vegetation which is proposed to be removed for purposes of providing
greater solar access.
[8]
A berm, landscape screen, or any other combination acceptable
to the Town capable of screening the site, shall be provided along
any property line that abuts an existing residence or any property
zoned other than Agricultural (A), Business (B) or Industrial (I).
[9]
Soil type(s) at the proposed site.
[10]
Submission of a written operation and maintenance
plan for the proposed solar farm that includes measures for maintaining
safe access, operational maintenance of the solar farm, and general
property upkeep, such as mowing and trimming, and an agricultural
soils preservation plan if applicable. The operation and maintenance
plan shall be filed and recorded by the applicant in the Madison County
Clerk's office (indexed to the property) following approval of the
site plan by the Planning Board.
[Added 12-15-2021 by L.L. No. 4-2022]
[a]
For installations on prime farmland, projects shall comply with
the New York State Department of Agriculture and Markets Guidelines
for Solar Energy Projects - Construction Mitigation for Agricultural
Lands. Where an agricultural soils preservation plan has been approved
as part of a project, it shall be a condition of any such approval
that such agricultural component will be maintained as approved. (See
also Schedule A "Solar Farm Guidelines" at the end of this article.)
[b]
Herbicides are prohibited except where the Planning Board finds
it impractical to use mechanical means to control vegetation.
(d)
Photographic simulations shall be included showing the proposed
solar farm along with elevation views and dimensions and manufacturer's
specifications and photos of the proposed solar energy systems, solar
collectors, solar panels and all other components comprising the solar
farm or from other vantage points selected by the Planning Board.
(e)
If applicable, certification from a professional engineer or
architect registered in New York State indicating that the building
or structure to which a solar panel or solar energy system is affixed
is capable of handling the loading requirements of the solar panel
or solar energy system and various components.
(f)
A one- or three-line electrical diagram detailing the solar
energy system installation, associated components, and electrical
interconnection methods, with all disconnects and overcurrent devices.
(g)
Documentation of access to the project site(s), including location
of all access roads, gates, parking area, etc.
(h)
A plan for clearing and/or grading of the site and a stormwater
pollution prevention plan (SWPPP) for the site. The SWPPP shall be
filed and recorded in the Madison County Clerk's office (indexed against
the property) by the applicant following Planning Board approval (prior
to commencement of construction) and shall provide for access to the
Town of Sullivan in the event of a default of the operator's obligations
under the SWPPP. The SWPPP shall include a security amount approved
by the Town's consulting engineer and shall remain in place until
decommissioning is complete.
[Amended 12-15-2021 by L.L. No. 4-2022]
(i)
Documentation of utility notification, including an electric
service order number.
(j)
Sunchart. Where deemed appropriate, the Planning Board may require
that the applicant submit a sunchart for the proposed site indicating
the sun angle for the southern boundary of the site for a minimum
four-hour continuous period during the time of the highest sun angle
on December 21, along with the potential for existing buildings, structures,
and/or vegetation on the site or on adjacent sites to obstruct the
solar skyspace of the proposed solar farm. The sunchart shall also
indicate the potential for obstructions to the solar skyspace of the
proposed solar farm under a scenario where an adjacent site is developed
as otherwise permitted by applicable provisions of the Town of Sullivan
Zoning Law with a building/structure built to maximum bulk and height
at the minimum setback. Where no standards for setback are established,
this scenario shall assume a maximum setback of five feet from the
property line. The sunchart shall be kept on file at the Town Code
Enforcement Office and determine the minimum setback required for
any solar collectors from the south property line as well as the solar
skyspace that should be considered when development of neighboring
properties occurs. This section in no way places responsibility on
the Town for guaranteeing the solar skyspace of a solar energy system
in the event setbacks are waived at the applicant's request.
(k)
The manufacturer's or installer's identification and appropriate
warning signage shall be posted at the site and be clearly visible.
(l)
Solar energy systems shall be marked in order to provide emergency
responders with appropriate warning and guidance with respect to isolating
the electric systems. Materials used for marking shall be weather-resistant.
The marking shall be placed adjacent to the main service disconnect
location clearly visible from the location where the lever is operated.
(m)
The average height of the solar panel array shall not exceed
20 feet measured from the ground and including any base or supporting
materials.
(n)
Color. Neutral paint colors, materials and textures may be required
for solar farm components, buildings and structures to achieve visual
harmony with the surrounding area as approved by the Planning Board.
(o)
The design, construction, operation and maintenance of the solar
energy system shall prevent the direction, misdirection and/or reflection
of solar rays onto neighboring properties, public roads, public parks
and public buildings.
(p)
Artificial lighting of solar farms shall be limited to lighting
required for safety and operational purposes and shall be shielded
from all neighboring properties and public roads and shall otherwise
avoid spillage.
(q)
Solar farms shall be enclosed by a perimeter fencing to restrict
unauthorized access at a height of 8 1/2 feet or as otherwise
approved by the Planning Board.
(r)
Only signage used to identify the location of the solar farm
shall be allowed, and such signage shall otherwise comply with the
Town's sign regulations and requirements.
(s)
All applications shall be accompanied by a full environmental
assessment form for purposes of environmental review under the New
York State Environmental Quality Review Act (SEQRA), including a visual
impact analysis. The following additional material may be required
by the Planning Board:
[1]
A digital-elevation-model-based project visibility map showing
the impact of topography upon visibility of the project from other
locations, to a distance radius of three miles from the center of
the project. Scaled use shall depict a three-mile radius as not smaller
than 2.7 inches, and the base map shall be a published topographic
map showing cultural features.
[2]
No fewer than four color photos taken from locations within
a three-mile radius from the proposed location, as selected by the
Planning Board and computer-enhanced to simulate the appearance of
the as-built aboveground solar farm components as they would appear
from these locations.
(t)
The applicant shall submit details of the proposed noise that may
be generated by solar inverter fans or other solar farm components.
The Planning Board may require a noise analysis to determine potential
adverse noise impacts.
[Amended 12-15-2021 by L.L. No. 4-2022]
(2)
Site plan review criteria. In addition to the above, no site plan
shall be approved unless the Planning Board determines that the proposed
solar farm complies with the following:
(a)
The use is oriented in its location upon the site as to layout,
coverage, screening, means of access and aesthetics so that:
[1]
The flow control and safety of traffic and human beings shall
not be adversely affected to an unreasonable degree;
[2]
There is reasonable compatibility in all respects with any structure
or use in the surrounding area, actual or permitted, which may be
directly substantially affected;
[3]
There shall not be any unreasonable detriment to any structure
or use, actual or permitted, in the surrounding area;
[4]
There is a reasonable provision for open space and yard areas
as appropriate to the surrounding area.
[5]
The removal of existing trees larger than six inches in diameter
has been minimized to the extent possible.
[Added 12-15-2021 by L.L. No. 4-2022]
[6]
It has been demonstrated that the establishment of the proposed solar
facility will not have negative impacts to surrounding property values
as established by competent evidence.
[Added 12-15-2021 by L.L. No. 4-2022]
G.
Public hearing. No action shall be taken by the Planning Board to
issue a special use permit or site plan approval, nor by the Zoning
Board of Appeals to grant a use or area variance in relation to an
application for a solar farm, until after public notice and a public
hearing. Proper notice of a hearing before a board shall be given
by legal notice published in the official newspaper of the Town of
Sullivan at least five days before the date set for such public hearing(s)
and written notice mailed to the applicant or his agent at the address
given in the application to be considered. The applicant shall be
responsible for notifying, by certified mail, all property owners
of record within 500 feet of the outside perimeter of the boundary
line of the property involved in the application of the time, date
and place of such public hearing at least 10 days prior to such hearing.
Notice shall be deemed to have been given if mailed to the property
owner at the tax billing address listed on the property tax records
of the Town Assessor or at the property address. At least seven days
prior to such hearing, the applicant shall file with the Board his/her
affidavit verifying the mailing of such notices. Failure of the property
owners to receive such notice shall not be deemed a jurisdictional
defect.
H.
Compliance with New York State Uniform Fire Prevention and Building
Code.
(1)
Building permit applications shall be accompanied by standard drawings
of structural components of the solar farm and all its components
(including but not limited to solar panel, solar collector, solar
energy system, etc.). Drawings and any necessary calculations shall
be certified, in writing, by a New York State registered professional
engineer, that the system complies with the New York State Uniform
Fire Prevention and Building Code. This certification would normally
be supplied by the manufacturer.
(2)
Where the structure, components or installation vary from the standard
design or specification, the proposed modification shall be certified
by a New York State registered professional engineer for compliance
with the structural design provisions of the New York State Uniform
Fire Prevention and Building Code.
I.
Compliance with state, local and national electric codes.
(1)
Building permit applications shall be accompanied by a line drawing
identifying the electrical components of the solar farm to be installed
in sufficient detail to allow for a determination that the manner
of installation conforms with the National Electrical Code. The application
shall include a statement from a New York State registered professional
engineer indicating that the electrical system conforms with good
engineering practices and complies with the National Electrical Code,
as well as applicable state and local electrical codes. This certification
would normally be supplied by the manufacturer. All equipment and
materials shall be used or installed in accordance with such drawings
and diagrams.
(2)
Where the electrical components of an installation vary from the
standard design or specifications, the proposed modifications shall
be reviewed and certified by a New York State registered professional
engineer for compliance with the requirements of the National Electrical
Code and good engineering practices.
J.
Following construction/installation of the solar farm, all disturbed
areas where soil has been exposed shall be reseeded with grass and/or
planted with low-level vegetation capable of preventing soil erosion
and airborne dust.
K.
Post-construction/installation certification. Following the construction/installation
of the solar farm, the applicant shall provide a post-construction/installation
certification from a professional engineer registered in New York
State that the project complies with any and all applicable codes
and industry practices and has been constructed and is operating according
to the drawings and development plan(s) submitted to the Town.
L.
Insurance. The applicant, owner, lessee or assignee shall at all
times during construction and operation maintain a current insurance
policy which will cover installation and operation of the solar farm
and shall be increased annually per industry standards. Said policy
shall provide a minimum of $5,000,000 property and personal liability
coverage. Proof of such policy shall be provided to the Town on an
annual basis. Notwithstanding any terms, conditions, or provisions
in any other writing between the parties, the applicant shall agree
to effectuate the naming of the Town as an additional insured on the
applicant's insurance policies, with the exception of workers' compensation
and NYS disability insurance. The policy naming the Town as an additional
insured shall:
[Amended 12-15-2021 by L.L. No. 4-2022]
(1)
Be
an insurance policy from an AM Best rated "secured" or better insurer,
authorized to conduct business in New York State. A New York State
licensed insurer is preferred.
(2)
State
that the applicant's insurance coverage shall be primary and noncontributory
coverage for the Town, its Board, employees, agents, and volunteers.
(3)
Additional
insured status shall be provided by standard or other endorsements
that extend coverage to the Town for both ongoing and completed operations.
A completed copy of the endorsements shall be attached to the certificate
of insurance.
(4)
The
applicant shall provide a copy of the declaration page of the liability
policies with a list of endorsements and forms. If so requested, the
applicant will provide a copy of the policy endorsements and forms.
(5)
The
certificate of insurance shall contain a provision that coverage afforded
under the applicable policy shall not be cancelled or terminated until
at least 30 days' prior notice has been provided to the Town. In the
event of a termination, cancellation, or lapse of the required insurance
coverage, the special use permit to operate the solar energy system
shall be immediately suspended and operation of the system shall cease.
Upon restoration of the required insurance coverage, to the satisfaction
of the Town, permission to operate the solar farm may be restored.
M.
Inspections. The Building Inspector, Zoning Enforcement Officer,
Code Enforcement Officer and/or Town Engineer shall have the right
at any reasonable time to enter, in the company of the owner or his
agent, the premises on which a solar farm is being or is constructed,
to inspect all parts of said solar farm installation and require that
repairs or alterations be made if, in his judgment, there exists a
deficiency in the operation or the structural stability of the solar
farm or any component thereof. If necessary, the Building Inspector
or Town Engineer may order the system secured or to otherwise cease
operation. It shall not be required that the owner or agent be present
in the event of an emergency situation involving danger to life, limb
or property.
N.
Power to impose conditions. In granting any site plan approval, special
use permit or variance for a solar farm, the Planning Board or Zoning
Board of Appeals, as the case may be, may impose reasonable conditions
to the extent that such Board finds that such conditions are necessary
to minimize any adverse effect or impacts of the proposed use on neighboring
properties and to protect the general health, safety and welfare of
the Town.
O.
Decommissioning and removal of solar farm facilities. The following
shall be the minimum requirements to be addressed for the decommissioning
of every solar farm:
[Amended 12-15-2021 by L.L. No. 4-2022]
(1)
The submission of an acceptable decommissioning plan and decommissioning
cash security subject to review by the Town's consulting attorneys
and engineers and approved by the Town of Sullivan. For purposes of
the decommissioning plan and decommissioning security, the following
shall constitute "decommissioning events" triggering the decommissioning
of the site and/or a call on the decommissioning security: a) if construction
and installation of the project improvements are not completed within
18 months of commencement of construction (such time period may be
reasonably extended upon notification to the Town and with good cause
shown for any delays in completion); b) if the solar energy facility
ceases to be used for its intended purpose for 12 consecutive months
(such time period may be reasonably extended upon notification to
the Town with good cause shown); c) at the time of decommissioning,
complete removal of the project within 90 days thereafter, except
for any portions of the project access roads otherwise requested by
the owner to remain to facilitate agricultural access to the property
or conduit buried more than four inches below ground; d) upon the
end of the project's operation; e) if the applicant, or its successors
or assigns, seeks dissolution or files for bankruptcy or f) failure
to have in place or timely replace adequate decommissioning securities.
All decommissioning activities shall be completed to the reasonable
satisfaction of the Town and consistent with the decommissioning plan.
Such agreement shall also include a commitment by the applicant to
impose a similar obligation to remove any unused and/or obsolete solar
panels upon any person subsequently securing rights to relocate the
solar panels. The applicant shall include the following binding terms
in the decommission plan, at a minimum:
(a)
Complete removal of aboveground and below-ground equipment, fencing,
structures, and foundations.
(b)
Restoration of the surface grade and soil after removal of equipment
to the condition (or better) in which it existed prior to the installation.
This includes adding an adequate layer of topsoil where existing topsoil
has been removed or eroded and reseeding and/or reforestation of areas
that were cleared of mature trees (with established growth demonstrated.)
(c)
Herbaceous revegetation of restored soil areas with native seed mixes,
excluding any invasive species.
(d)
Specifically address: the useful lifespan of the proposed solar facility
and any storage batteries; the current New York State and federal
rules and regulations regarding placement thereof and disposal thereof
at the end of their useful lifespan; together with plans for replacement
of solar storage batteries. The financial surety required by the Town
shall take into account maintenance, replacement, and disposal of
solar storage batteries if included in the application for a solar
farm.
(e)
Such decommissioning plan shall be executed by the applicant and
the property owner and shall be recorded against the property in the
Madison County Clerk's office.
(2)
Cash security. The applicant shall be required to deposit with the
Town of Sullivan cash security in an amount sufficient for the faithful
performance of the terms and conditions of the permit issued under
this article, and to provide for expenses associated with the decommissioning
removal and restoration of the site subsequent to the removal of the
solar farm. The amount of the cash security shall be no less than
150% of the cost of the removal of the solar panels and restoration
of the site, and shall further be reviewed and adjusted at five-year
increments. Such amounts shall account for inflation and prevailing
wage costs for decommissioning. In the event of a default upon performance
of such conditions or any of them, the cash security shall be forfeited
to the Town upon demand. The cash security shall remain in full force
and effect until the complete removal of the solar panels and site
restoration is finished.
P.
Fees. Fees for applications and permits under this section shall
be established by resolution of the Town Board of the Town of Sullivan.
In accordance with the requirements of Town of Sullivan Local Law
No. 3 of 2011 (Development and Project Fees), it shall be the applicant's
responsibility to reimburse the Town for any and all reasonable and
necessary legal, engineering and other professional fees incurred
by the Town in reviewing and administering an application for a solar
farm under this section.
Q.
Waiver. The Planning Board or the Zoning Board of Appeals may, under
appropriate circumstances, waive one or more of the submission requirements
contained herein.
R.
Road remediation. The applicant shall be responsible for remediation
of any roads damaged during the construction of and/or completion
of the installation (or removal) of any solar farms approved pursuant
to this article. The Highway Superintendent is hereby authorized and
directed to ensure a public improvement (road repairs) cash security
be posted prior to the issuance of any building permit in an amount
sufficient to compensate the Town for any damage to local roads that
is not corrected by the applicant. The Highway Superintendent is authorized
to consult with any necessary professional to determine or confirm
the cash security amount all at the sole cost and expense of the applicant.
Such cash security shall be in addition to other securities required
in this article/chapter.
[Added 1-6-2021 by L.L. No. 1-2021; amended 12-15-2021 by L.L. No.
4-2022]
S.
Agricultural
resources. For projects located on agricultural lands:
[Added 12-15-2021 by L.L. No. 4-2022]
(1)
The
Planning Board shall in all instances give special consideration to
areas that consist of prime farmland, prime soils, prime soil lands,
and/or farmland of statewide importance and the removal of such lands
when reviewing applications and granting special use permits and site
plan approvals to solar farm applicants under this article.
(2)
To
the maximum extent practicable, solar farms approved to be located
on prime farmland, prime soils, prime soil lands, and/or farmland
of statewide importance shall be constructed in accordance with the
construction requirements of the New York State Department of Agriculture
and Markets.
(3)
Solar
farm applicants shall develop, implement, and maintain native vegetation
to the extent practicable pursuant to a vegetation management plan
by providing native perennial vegetation and foraging habitat beneficial
to game birds, songbirds, and pollinators. To the extent practicable,
when establishing perennial vegetation and beneficial foraging habitat,
the applicants shall use native plant species and seed mixes.
(4)
Where
a solar farm is to be located on prime farmland, prime soils, prime
soil lands, and/or farmland of statewide importance, the applicant
shall hire an environmental monitor (EM) to oversee the construction,
restoration, and subsequent monitoring of the agricultural lands.
The EM is to be on-site whenever construction is occurring on the
agricultural land(s), and any construction shall be coordinated with
the Town's Code Enforcement Officer and the New York State Department
of Agriculture and Markets to develop an appropriate schedule for
inspections to assure these lands are being preserved and protected
to the greatest extent possible.
(5)
Fencing
and watering systems associated with rotational grazing systems and
reduction in farmland viability due to the reduction in remaining
productive farmland shall be assessed and mitigated to the greatest
extent possible.
(6)
Structures
for overhead collection lines, interconnect cables and transmission
lines installed aboveground (when unavoidable) shall be located outside
agricultural field boundaries. When aboveground cables and transmission
lines must cross agricultural fields, applicants shall use taller
structures that provide longer spanning distances and locate poles
on field edges to the greatest extent practicable.
(a)
All buried electric cables in cropland, hay land and improved pastures
shall have a minimum depth of 48 inches of cover. At no time is the
depth of cover to be less than 24 inches below the soil surface.
(b)
The Madison County Planning Department is to be consulted concerning
the type of intercept drain lines whenever buried electric cables
alter the natural stratification of soil horizons and natural soil
drainage patterns.
(7)
Access
roads are to be located along the edge of agricultural fields, in
areas next to hedgerows and field boundaries, and in the nonagricultural
portions of the site.
(8)
There
shall be no cut and fill so as to reduce the risk of creating drainage
problems by locating access roads, which cross agricultural fields,
along ridgetops and by following field contours to the greatest extent
possible.
(9)
The
width of access roads across or along agricultural fields is to be
no wider than 20 feet so as to minimize the loss of agricultural lands
and comply with the New York State Fire Code.
(10)
The surface of solar farm access roads to be constructed through
agricultural fields should be level with the adjacent field surface
where possible.
(11)
All existing drainage and erosion control structures such as diversions,
ditches, and tile lines shall be preserved, and applicants shall take
appropriate measures to maintain the design and effectiveness of these
structures. Applicants shall repair any structure disturbed during
construction to as close to original condition as possible unless
such structures are to be eliminated based upon an approved site plan
for the solar farm.
(12)
Culverts and water bars are to be installed to maintain natural drainage
patterns.
(13)
All topsoil areas to be used for vehicle and equipment traffic, parking,
equipment laydown, and as storage areas are to be stripped.
(14)
All topsoil stripped from work areas (parking areas, electric cable
trenches, along access roads) is to be stockpiled separate from other
excavated materials (rock and/or subsoil).
(15)
Where an open trench is required for cable installation, topsoil
stripping from the entire work area may be necessary. As a result,
additional workspace may be required as part of site plan approval.
(16)
A maximum of 50 feet of temporary workspace is to be provided along
open-cut electric cable trenches for proper topsoil segregation. All
topsoil will be stockpiled immediately adjacent to the area where
stripped/removed and shall be used for restoration on that particular
site. No topsoil shall be removed from the site. The site plan shall
clearly designate topsoil stockpile areas in the field and on the
construction drawings.
(17)
All vehicle and equipment traffic and parking to the access road
and/or designated work areas, such as laydown areas, are to be limited
in size to the greatest extent practical.
(18)
No vehicles or equipment are to be allowed outside the work area
without prior approval from the EM.
(19)
In pasture areas, it is necessary to construct temporary or permanent
fences around work areas to prevent livestock access, consistent with
any applicable landowner agreements.
(20)
Excess concrete used in the construction of the site is not to be
buried or left on the surface in active agricultural areas. Concrete
trucks will be washed outside of active agricultural areas.
(21)
Restoration requirements. Applicants shall restore all agricultural
lands temporarily disturbed by construction as follows:
(a)
Be decompacted to a depth of 18 inches with a deep ripper or heavy-duty
chisel plow. Soil compaction results should be no more than 250 pounds
per square inch (PSI) as measured with a soil penetrometer. In areas
where the topsoil was stripped, soil decompaction should be conducted
prior to topsoil replacement. Following decompaction, removal of all
rocks four inches in size or greater from the surface of the subsoil
shall occur prior to replacement of topsoil. Topsoil shall be replaced
to original depth and original contours reestablished where possible.
All rocks shall be removed that are four inches and larger from the
surface of the topsoil. Subsoil decompaction and topsoil replacement
shall be avoided after October 1 of each year.
(b)
Regrade all access roads to allow for farm equipment crossing and
to restore original surface drainage patterns or other drainage pattern
incorporated into the approved site design by the Planning Board/Board
of Appeals, as applicable.
(c)
Seed all restored agricultural areas with the seed mix specified
by the EM and this article
in order to maintain consistency with the surrounding areas.
(d)
All damaged subsurface or surface drainage structures are to be repaired
to preconstruction conditions unless said structures are to be removed
as part of the site plan approval. All surface or subsurface drainage
problems resulting from construction of the solar energy project shall
be remedied with the appropriate mitigation measures as determined
by the EM.
(e)
Postpone any restoration practices until favorable (workable, relatively
dry) topsoil/subsoil conditions exist. Restoration is not to be conducted
while soils are in a wet or plastic state of consistency. Stockpiled
topsoil should not be regraded, and subsoil should not be decompacted
until plasticity, as determined by the Atterberg Limits and Field
Test, is adequately reduced. No project restoration activities are
to occur in agricultural fields between the months of October and
May unless favorable soil moisture conditions exist.
(f)
Following site restoration, remove all construction debris from the
site.
(g)
Following site restoration, the project sponsor is to provide a monitoring
and remediation period of no less than two years. General conditions
to be monitored include topsoil thickness, relative content of rack
and large stones, trench settling, crop production, drainage and repair
of severed subsurface drain lines, fences, etc.
(h)
Mitigate any topsoil deficiency and trench settling with imported
topsoil that is consistent with the quality of topsoil on the affected
site. All excess rocks and large stones are to be removed from the
site.
(i)
All concrete piers, footers, or other supports are to be removed
to a depth of 48 inches below the soil surface.
T.
Payment
in lieu of tax (PILOT) agreement and host community benefit program.
[Added 12-15-2021 by L.L. No. 4-2022]
(1)
In
every instance of a solar farm application, the Town of Sullivan hereby
requires the applicant to enter into a payment in lieu of tax (PILOT)
agreement. Notwithstanding this PILOT requirement, in every instance
of a solar farm application, the applicant shall be required to observe
the requirements of Real Property Tax Law § 487 relative
to notification of a proposed solar facility. Such notification shall
be sent to the Town of Sullivan Supervisor, with a copy to the Town
Clerk, by registered and U.S. first-class mail, and shall specifically
state in bold lettering on the envelope and on the first page of the
notice that the notice is being provided pursuant to New York State
Real Property Tax Law § 487, Subdivision 2. Upon receipt
of said notice, the Town of Sullivan will advise the applicant of
the Town's desire for a payment in lieu of tax (PILOT) agreement.
Said notice will direct the applicant to contact the Town's legal
counsel to negotiate the terms of said agreement.
(2)
In
addition to a PILOT agreement, the applicant shall propose to the
Town on projects involving one megawatt and above a host community
benefit package for consideration by the Town Board as part of the
approval process. Once the application package materials are deemed
complete and while the Planning Board/Board of Appeals are completing
its reviews, the project/application shall be referred to the Town
Board to decide on the completion of a host community agreement. This
agreement shall be in addition to a PILOT agreement.
U.
Reference
to § 94-c. Any proposed solar energy system subject to review
by the New York State Board on Electric Generation Siting and the
Environment pursuant to Article 10 of the New York State Public Service
Law or the Office of Renewable Energy Siting pursuant to § 94-c
of the New York State Executive Law shall be subject to all substantive
provisions of this article and any other applicable provisions of
the Town of Sullivan Town Code.
[Added 12-15-2021 by L.L. No. 4-2022]
V.
Adhere
to Solar Farm Guidelines. In addition to the above regulations, all
solar farm applicants shall demonstrate to the Planning Board compliance
with the attached Solar Farm Guidelines.[1]
[Added 12-15-2021 by L.L. No. 4-2022]
[1]
Editor's Note: The Solar Farm Guidelines are included as an
attachment to this chapter.
W.
Made in
America requirements. All solar farms shall be required to utilize
solar panels, components and materials made and manufactured in the
United States of America.
[Added 12-15-2021 by L.L. No. 4-2022]
[Added 4-4-2018 by L.L.
No. 2-2018]
Low-impact storage/warehousing services shall be allowable only
within the Agricultural District, subject to the granting of site
plan approval by the Town Planning Board and specifically upon the
following additional requirements:
A.
The property on which the agricultural associated low-impact storage/warehousing
business is located shall be a minimum of four acres.
B.
The agricultural associated low-impact business must be contained
within an existing structure having a minimum total building area
of 8,000 square feet. Such existing building must have been constructed
prior to January 1, 1985. Expansion of the existing facilities shall
be prohibited.
C.
A detailed site plan shall be prepared depicting all site amenities,
including ingress, egress, lighting, proposed agricultural associated
low-impact storage/warehousing area, any proposed attached signage
and other features as deemed necessary by the Planning Board.
D.
All signage shall be attached to the building and must be approved
by the Town of Sullivan Planning Board.
E.
The hours of operation associated with the agricultural associated
low-impact storage/warehousing business shall be within the hours
of 6:00 a.m. to 10:00 p.m. for deliveries and stocking of supplies.
F.
There shall be a written operation/business plan for the agricultural
associated low-impact storage/warehousing business, which shall include
a summary narrative specifically describing the proposed use, the
nature of the storage, the existing buildings with drawings, access
points and proposed hours of operation.
G.
There shall be no outdoor storage of any type associated with agricultural
associated low-impact storage/warehousing business other than farm
equipment.
H.
Agricultural associated low-impact storage/warehousing shall not
include direct retail sales but shall be limited to storage and warehousing
of goods or items on site.
I.
Such agricultural associated low-impact storage/warehousing business
must front upon, have direct access to or be within 100 feet of a
county or New York State highway with sufficient and safe sight distance
for ingress and egress.
J.
All exterior lighting shall be maintained so as to not shine or spill
onto neighboring properties or onto adjacent highways and shall be
properly shielded.
K.
The parking of vehicles on site in connection with the storage/warehousing
use shall be limited to only those necessary to conduct the low-impact
agricultural associated storage/warehousing business.
L.
No overnight parking visible from the road or adjoining properties
shall be permitted.
M.
If deemed appropriate by the Planning Board, there shall be an annual
inspection of the operations of the agricultural associated low-impact
storage/warehousing business conducted by the Town Zoning Enforcement
Officer.
N.
The Planning Board may establish appropriate screening to protect
impacts to surrounding properties, including but not limited to fencing,
berms and tree and/or hedge plantings upon appropriate findings.
