[Amended 10-16-2017 by L.L. No. 2-2017]
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:
A.
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.
B.
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.
C.
A development permit shall be required for the installation of any
private swimming pool.
D.
All private swimming pools shall be a minimum of 25 feet from all
property lines.
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.
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
(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.
F.
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.
G.
No special use permits shall be allowed for signs in any district.
H.
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.
I.
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.
The following regulations shall be observed for commercial and
industrial uses:
A.
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.
B.
Noise and vibration. There shall be no violation or noise level above
85 dBA at the property line.
C.
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.
D.
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.
E.
Operation. All primary operations shall be conducted entirely within
closed buildings.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
L.
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.
Within 50 feet of the shoreline of any lake the following regulations
shall apply:
A.
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.
B.
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.
C.
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.
D.
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.
E.
No person shall drain, deposit or cast any dead animal, carrion,
offal, excrement, garbage or other putrid or offensive matter into
the water.
F.
All docks and/or floating rafts must be securely anchored to the
lake bottom or shoreline.
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.
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.
[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:
A.
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.
B.
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:
(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:
(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:
(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:
(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.
C.
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.
D.
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.
E.
F.
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.
[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:
A.
Foundation. A manufactured home shall be set on a solid foundation
of either poured, block or panel construction.
B.
Exposed foundations. No skirting shall be allowed. All exposed foundation
walls shall be bricked, stoned, painted or covered with an approved
masonry surface.
C.
Snow load. Any approved or permitted manufactured home shall be built
with a minimum snow load of 30 pounds per square feet.
D.
Minimum square footage. A manufactured home must be at least 1,100
square feet in size.
[Added 5-7-2001 by L.L. No. 2-2001]
A.
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.
B.
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:
- (1) Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, videocassettes or video reproductions, slides or other visual representations which depict or describe specified sexual activities or specified anatomical areas.
- (2) Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities. A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as "adult bookstore" or "adult video store," so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which depict or describe specified sexual activities or specified anatomical areas.
- ADULT CABARET
- A nightclub, bar, restaurant or similar commercial establishment which regularly features:
- (1) Persons who appear in a state of nudity;
- (2) Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
- (3) Films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
- ADULT MOTEL
- A hotel, motel or similar commercial establishment, which:
- (1) Offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions;
- (2) Offers a sleeping room for rent for a period of time that is less than 10 hours; or
- (3) Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than 10 hours.
- 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:
- (1) The opening or commencement of any sexually oriented business as a new business.
- (2) The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business.
- (3) The addition of any sexually oriented business to any other existing sexually oriented business.
- (4) The relocation of any sexually oriented business.
- 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:
- (1) The sale, lease or sublease of the business.
- (2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means.
- (3) The establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
C.
Uses permitted.
(1)
The following uses, as hereinbefore defined, shall be designated
adult uses:
(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:
(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.
D.
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.
E.
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.
F.
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.
[Added 10-17-2011 by L.L. No. 4-2011]
A.
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.
B.
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.
C.
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.
(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.
D.
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:
E.
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:
(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.
F.
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.
G.
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.
(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.
H.
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.
I.
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.
K.
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.
[Added 12-17-2018 by L.L.
No. 4-2018]
A.
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.
B.
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.
C.
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.
D.
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.
[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.
[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.
(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.
E.
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.
(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.
F.
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.
G.
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.