Town of Clay, NY Supplemental Regulations

Accessory uses and structures.

Unless otherwise specified, all accessory uses and structures shall be subject to the same review process as the principal use to which they are incidental.

No accessory use or structure shall occupy a lot without a principal use or principal structure present on the same lot.

Unless otherwise specified, all accessory uses and structures shall conform to the lot and structure dimensional standards applicable to the principal use or structure.

Mechanical equipment, decorations, antennas, chimneys and similar appurtenances may not require site plan or special permit review if they are less than 10 square feet in area, attached to the principal structure and are found by the Commissioner to be consistent with the conditions, if any, of board approval.

Accessory buildings (e.g., storage units, sheds, etc.) for one- or two-family dwellings or townhouses in residential districts that are 100 square feet or less in area and less than 12 feet in height do not need a building permit or certificate of occupancy from the Town of Clay. However, these accessory buildings shall comply with the following minimum standards:

Minimum setback of three feet from any property line, principal building or other accessory buildings.

Not located within any easement or right-of-way.

Located in the portion of a lot behind a line formed by the front wall of the principal building.

Located in compliance with any applicable corner lot requirements.

Principal uses and structures.

Unless otherwise specified by this code, there shall be only one principal use per lot.

Unless otherwise specified by this code, there shall be only one principal structure per lot.

Temporary residences. A manufactured home may be utilized as a temporary residence in any residential district while the permanent residence located on the same property is under construction or not otherwise habitable due to remodeling. Such temporary residence shall be subject to a special permit from the Zoning Board of Appeals. The special permit duration shall be a duration not to exceed six months and may not be renewed more than three consecutive six-month periods.

Portable storage units are permitted on active construction sites subject to a permit from the Office of Planning and Development or as an accessory structure within a contractor's storage yard. Units not in active use may be stored, subject to site plan review, within a contractor's storage yard. Portable storage is not permitted on sites when unrelated to construction activity.

Animals/pets. The raising or harboring of animals within a community can pose a variety of risks to residents that range from simple nuisances of noise and odor to serious health hazards of personal injury and infections. The potential for occurrence of these risks can be minimized by restricting the number and types of animals that individuals maintain for their personal enjoyment, use or business.

Residential, Planned Development or Commercial Zone Districts. No property or dwelling shall contain more than three adult dogs and three adult cats (“adult” is a dog or cat over six months in age). There is no restriction upon the number of other kinds of domestic animals maintained within a dwelling that are consistently maintained within appropriate containers such as aquariums or birdcages; these animals include, by illustration, tropical fish, exotic birds, ferrets, gerbils and hamsters. No exotic animals harbored outside of such containers or farm animals (see definitions) shall be harbored or maintained as pets.

RA-100 Zone District. There is no limit on the type or number of farm, exotic or domestic animals maintained as pets by a residents within their respective residential properties, provided such property is five acres or greater in area.

All other districts. A special permit from the ZBA shall be required for pets maintained in nonconforming residential and/or farm land uses within any other district.

Land uses with animal-related activities or structures. An approved site plan review or special permit is required, depending on the zone district, for primary, secondary or accessory land uses that are related to animals, such as: private stables or accessory kennels, veterinary care facilities, animal training facilities, and animal boarding facilities. Such uses are specifically listed; see each zone district to determine if such uses are permitted and under what review procedure.

Excavation, filling or site preparation. No land disturbance, unrelated to an approved construction, within any lot that affects more than or results in the movement of more than 500 cubic feet shall be permitted without prior site plan review by the Planning Board. Such review and any subsequent approval may be included in the site plan or special permit reviews for the land uses or structures as required in the zone district regulations. (See Chapter 100 of the Town Code.)

Structures.

Front yard intrusions permitted. A porch may intrude into the required front yard up to a maximum of six feet, provided there is no roof or wall enclosures and any railing is not higher than 36 inches.

Fences.

[Amended 3-20-2006 by L.L. No. 3-2006]

No wall or fence, other than a wire fence, shall be erected, replaced or maintained on any residential lot having a height in excess of seven feet.

No fence or hedge having a height in excess of 2 1/2 feet shall be erected, replaced or maintained in the front yard or side yard between the street line and the setback line.

Fences cannot be erected across any easement or right-of-way.

[Amended 12-15-2014 by L.L. No. 1-2015]

Fences in flood zones must comply with Chapter 112, Flood Damage Prevention.

Fences surrounding swimming pools must comply with § 230-20B(3).

Swimming pools and hot tubs. No building permit for the erection or maintenance of a swimming pool or hot tub shall be issued except upon compliance with Chapter 81, Building Construction, of the Town Code and the following provisions:

[Amended 3-20-2006 by L.L. No. 3-2006]

Map or survey. The application shall be accompanied by a map or survey showing the exact location of the pool with reference to lot side lines, existing buildings, water mains, electric lines, gas lines and sewer lines. The application shall show the manner and method of disposal of waste water.

Lighting. No lighting shall be permitted in, on or about a swimming pool except such lighting that shall shine into or upon the pool which shall cast no light or reflections onto abutting properties.

Overhead wires. No overhead electric lines shall be maintained within 20 feet of the nearest portion of a pool or appurtenances.

Perimeter. A perimeter of at least four feet around all edges of the pool shall be maintained between the edges of the pool and fence erected around the pool.

Disposal of waste water. Waste water shall not be discharged into any sanitary sewer in the Town of Clay. Waste water shall be prevented from flowing over or into the land of any adjoining property owner or over any abutting street.

Filling. No pool having water capacity in excess of 100 gallons shall be filled or added to at any time during the effectiveness of emergency water orders or measures.

Existing pools. Existing pools shall conform to all provisions of this subsection.

Abandonment. Should the pool be abandoned, the owner shall arrange to remove the depression and return the surface of the ground to its original grade, and Enforcement Officer shall be notified.

Lots. (Reserved)

Stormwater management and erosion and sediment control.

[Added 1-23-2008 by L.L. No. 2-2008]

Purpose. The purpose of this subsection is to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing within this jurisdiction and to address the findings of fact in § 230-20D(3) hereof. This subsection seeks to meet those purposes by achieving the following objectives:

Meet the requirements of minimum measures 4 and 5 of the SPDES General Permit for Stormwater Discharges from Municipal Separate Stormwater Sewer Systems (MS4s), Permit No. GP-02-02, or as amended or revised;

Require land development activities to conform to the substantive requirements of the New York State Department of Environmental Conservation State Pollutant Discharge Elimination System (SPDES) General Permit for Construction Activities GP-02-01, or as amended or revised;

Minimize increases in stormwater runoff from land development activities in order to reduce flooding, siltation, increases in stream temperature, and streambank erosion and maintain the integrity of stream channels;

Minimize increases in pollution caused by stormwater runoff from land development activities which would otherwise degrade local water quality;

Minimize the total annual volume of stormwater runoff which flows from any specific site during and following development to the maximum extent practicable; and

Reduce stormwater runoff rates and volumes, soil erosion and nonpoint source pollution, wherever possible, through stormwater management practices and to ensure that these management practices are properly maintained and eliminate threats to public safety.

Statutory authority. In accordance with § 10 of the Municipal Home Rule Law of the State of New York, the Town of Clay has the authority to enact local laws and amend local laws and for the purpose of promoting the health, safety or general welfare of the Town of Clay and for the protection and enhancement of its physical environment. The Town of Clay may include in any such local law provisions for the appointment of any municipal officer, employees, or independent contractor to effectuate, administer and enforce such local law.

Findings of fact. It is hereby determined that:

Land development activities and associated increases in site impervious cover often alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, or sediment transport and deposition;

This stormwater runoff contributes to increased quantities of waterborne pollutants, including siltation of aquatic habitat for fish and other desirable species;

Clearing and grading during construction tend to increase soil erosion and add to the loss of native vegetation necessary for terrestrial and aquatic habitat;

Improper design and construction of stormwater management practices can increase the velocity of stormwater runoff, thereby increasing streambank erosion and sedimentation;

Impervious surfaces allow less water to percolate into the soil, thereby decreasing groundwater recharge and stream base flow;

Substantial economic losses can result from these adverse impacts on the waters of the municipality;

Stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land development activities;

The regulation of stormwater runoff discharges from land development activities in order to control and minimize increases in stormwater runoff rates and volumes, soil erosion, stream channel erosion, and nonpoint source pollution associated with stormwater runoff is in the public interest and will minimize threats to public health and safety;

Regulation of land development activities by means of performance standards governing stormwater management and site design will produce development compatible with the natural functions of a particular site or an entire watershed and thereby mitigate the adverse effects of erosion and sedimentation from development.

Applicability.

This subsection shall be applicable to all land development activities as defined in § 230-20D(6).

The municipality shall designate a Stormwater Management Officer who shall accept and review all stormwater pollution prevention plans and forward such plans to the applicable municipal board. The Stormwater Management Officer may:

Review the plans;

Upon approval by the Town Board of the Town of Clay, engage the services of a registered professional engineer to review the plans, specifications and related documents at a cost not to exceed a fee schedule established by said governing board; or

Accept the certification of a licensed professional that the plans conform to the requirements of this subsection.

All land development activities subject to review and approval by the Planning Board and the Town Board of the Town of Clay under subdivision, site plan, and/or special permit regulations shall be reviewed subject to the standards contained in this subsection.

All land development activities not subject to review as stated in Subsection D(4)(c) above shall be required to submit a stormwater pollution prevention plan (SWPPP) to the Stormwater Management Officer who shall approve the SWPPP if it complies with the requirements of this subsection.

Exemptions. The following activities may be exempt from review under this subsection:

Agricultural activity as defined in this subsection.

Silvicultural activity, except that landing areas and log haul roads are subject to this subsection.

Routine maintenance activities that disturb fewer than five acres and are performed to maintain the original line and grade, hydraulic capacity or original purpose of a facility.

Repairs to any stormwater management practice or facility deemed necessary by the Stormwater Management Officer.

Any part of a subdivision if a plat for the subdivision has been approved by the Town of Clay on or before the effective date of this subsection.

Land development activities for which a building permit has been approved on or before the effective date of this subsection.

Cemetery graves.

Installation of fence, sign, telephone, and electric poles and other kinds of posts or poles.

Emergency activity immediately necessary to protect life, property or natural resources.

Activities of an individual engaging in home gardening by growing flowers, vegetable and other plants primarily for use by that person and his or her family.

Landscaping and horticultural activities in connection with an existing structure.

INDUSTRIAL STORMWATER PERMIT

Definitions. The terms used in this § 230-20D or in documents prepared or reviewed under this subsection shall have the following meanings:

AGRICULTURAL ACTIVITY

The activity of an active farm, including grazing and watering livestock, irrigating crops, harvesting crops, using land for growing agricultural products, and cutting timber for sale, but shall not include the operation of a dude ranch or similar operation, or the construction of new structures associated with agricultural activities.

APPLICANT

A property owner or agent of a property owner who has filed an application for a land development activity.

CHANNEL

A natural or artificial watercourse with a definite bed and banks that conducts continuously or periodically flowing water.

CLEARING

Any activity that removes the vegetative surface cover.

DEDICATION

The deliberate appropriation of property by its owner for general public use.

DEPARTMENT

The New York State Department of Environmental Conservation.

DESIGN MANUAL

The New York State Stormwater Management Design Manual, most recent version, including applicable updates, that serves as the official guide for stormwater management principles, methods and practices.

DEVELOPER

A person who undertakes land development activities.

EROSION CONTROL MANUAL

The most recent version of the New York Standards and Specifications for Erosion and Sediment Control manual, commonly known as the "Blue Book."

GRADING

Excavation or fill of material, including the resulting conditions thereof.

IMPERVIOUS COVER

Those surfaces, improvements and structures that cannot effectively infiltrate rainfall, snowmelt and water (e.g., building rooftops, pavement, sidewalks, driveways, etc).

A State Pollutant Discharge Elimination System permit issued to a commercial industry or group of industries which regulates the pollutant levels associated with industrial stormwater discharges or specifies on-site pollution control strategies.

INFILTRATION

The process of percolating stormwater into the subsoil.

JURISDICTIONAL WETLAND

An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions, commonly known as "hydrophytic vegetation."

LAND DEVELOPMENT ACTIVITY

Construction activity including clearing, grading, excavating, soil disturbance or placement of fill that results in land disturbance of equal to or greater than one acre or activities disturbing less than one acre of total land area that is part of a larger common plan of development or sale, even though multiple separate and distinct land development activities may take place at different times on different schedules.

LANDOWNER

The legal or beneficial owner of land, including those holding the right to purchase or lease the land, or any other person holding proprietary rights in the land.

MAINTENANCE AGREEMENT

A legally recorded document that acts as a property deed restriction and which provides for long-term maintenance of stormwater management practices.

NONPOINT SOURCE POLLUTION

Pollution from any source other than from any discernible, confined, and discrete conveyances, and shall include, but not be limited to, pollutants from agricultural, silvicultural, mining, construction, subsurface disposal and urban runoff sources.

PHASING

Clearing a parcel of land in distinct pieces or parts, with the stabilization of each piece completed before the clearing of the next.

POLLUTANT OF CONCERN

Sediment or a water quality measurement that addresses sediment (such as total suspended solids, turbidity or siltation) and any other pollutant that has been identified as a cause of impairment of any water body that will receive a discharge from the land development activity.

PROJECT

Land development activity.

RECHARGE

The replenishment of underground water reserves.

SEDIMENT CONTROL

Measures that prevent eroded sediment from leaving the site.

SENSITIVE AREAS

Cold water fisheries, shellfish beds, swimming beaches, groundwater recharge areas, water supply reservoirs, habitats for threatened, endangered or special concern species.

SILVICULTURE

The cultivation of forest trees; forestry.

SPDES GENERAL PERMIT FOR CONSTRUCTION ACTIVITIES GP-02-01

A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to developers of construction activities to regulate disturbance of one or more acres of land.

SPDES GENERAL PERMIT FOR STORMWATER DISCHARGES FROM MUNICIPAL SEPARATE STORMWATER SEWER SYSTEMS GP-02-02

A permit under the New York State Pollutant Discharge Elimination System (SPDES) issued to municipalities to regulate discharges from municipal separate storm sewers for compliance with EPA-established water quality standards and/or to specify stormwater control standards.

STABILIZATION

The use of practices that prevent exposed soil from eroding.

STOP-WORK ORDER

An order issued which requires that all construction activity on a site be stopped.

STORMWATER

Rainwater, surface runoff, snowmelt and drainage.

STORMWATER HOTSPOT

A land use or activity that generates higher concentrations of hydrocarbons, trace metals or toxicants than are found in typical stormwater runoff, based on monitoring studies.

STORMWATER MANAGEMENT

The use of structural or nonstructural practices that are designed to reduce stormwater runoff and mitigate its adverse impacts on property, natural resources and the environment.

STORMWATER MANAGEMENT FACILITY

One or a series of stormwater management practices installed, stabilized and operating for the purpose of controlling stormwater runoff.

STORMWATER MANAGEMENT OFFICER

An employee or officer designated by the municipality to accept and review stormwater pollution prevention plans, forward the plans to the applicable municipal board and inspect stormwater management practices.

STORMWATER MANAGEMENT PRACTICES (SMPS)

Measures, either structural or nonstructural, that are determined to be the most effective, practical means of preventing flood damage and preventing or reducing point source or nonpoint source pollution inputs to stormwater runoff and water bodies.

STORMWATER POLLUTION PREVENTION PLAN (SWPPP)

A plan for controlling stormwater runoff and pollutants from a site during and after construction activities.

STORMWATER RUNOFF

Flow on the surface of the ground, resulting from precipitation.

SURFACE WATERS OF THE STATE OF NEW YORK

Lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic ocean within the territorial seas of the State of New York and all other bodies of surface water, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters that do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction.

Storm sewers and waste treatment systems, including treatment ponds or lagoons, which also meet the criteria of this definition, are not waters of the state. This exclusion applies only to man-made bodies of water which were neither originally created in waters of the state (such as a disposal area in wetlands) nor resulted from impoundment of waters of the state.

WATERCOURSE

A permanent or intermittent stream or other body of water, either natural or man-made, which gathers or carries surface water.

WATERWAY

A channel that directs surface runoff to a watercourse or to the public storm drain.

Stormwater pollution prevention plans.

Stormwater pollution prevention plan requirement. No application for approval of a land development activity shall be reviewed until the appropriate board has received a stormwater pollution prevention plan (SWPPP) prepared in accordance with the specifications in this subsection.

Contents of stormwater pollution prevention plans.

All SWPPPs shall provide the following background information and erosion and sediment controls:

Background information about the scope of the project, including location, type and size of project;

Site map/construction drawing(s) for the project, including a general location map. At a minimum, the site map should show the total site area; all improvements; areas of disturbance; areas that will not be disturbed; existing vegetation; on-site and adjacent off-site surface water(s); wetlands and drainage patterns that could be affected by the construction activity; existing and final slopes; locations of off-site material, waste, borrow or equipment storage areas; and location(s) of the stormwater discharges(s). The site map must be at a scale of one inch equals 100 feet or larger;

Description of the soil(s) present at the site;

Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. Consistent with the New York Standards and Specifications for Erosion and Sediment Control (Erosion Control Manual), not more than five acres shall be disturbed at any one time unless pursuant to an approved SWPPP;

Description of the pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in stormwater runoff;

Description of construction and waste materials expected to be stored on-site with updates as appropriate, and a description of controls to reduce pollutants from these materials, including storage practices to minimize exposure of the materials to stormwater, and spill prevention and response;

Temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control and sediment control for each stage of the project from initial land clearing and grubbing to project closeout;

A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice;

Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins;

[j]

Temporary practices that will be converted to permanent control measures;

[k]

Implementation schedule for staging temporary erosion and sediment control practices, including the timing of initial placement and duration that each practice should remain in place;

[l]

Maintenance schedule to ensure continuous and effective operation of the erosion and sediment control practice;

[m]

Name(s) of the receiving water(s);

[n]

Delineation of SWPPP implementation responsibilities for each part of the site;

[o]

Description of structural practices designed to divert flows from exposed soils, store flows, or otherwise limit runoff and the discharge of pollutants from exposed areas of the site to the degree attainable; and

[p]

Any existing data that describes the stormwater runoff at the site.

Land development activities as defined in § 230-20D(6) of this article and meeting Condition A, B or C below shall also include water quantity and water quality controls (post-construction stormwater runoff controls) as set forth in Subsection D(7)(b)[3] below as applicable:

Condition A: stormwater runoff from land development activities discharging a pollutant of concern to either an impaired water identified on the Department's 303(d) list of impaired waters or a total maximum daily load (TMDL) designated watershed for which pollutants in stormwater have been identified as a source of the impairment.

Condition B: stormwater runoff from land development activities disturbing five or more acres.

Condition C: stormwater runoff from land development activity disturbing between one and five acres of land during the course of the project, exclusive of the construction of single-family residences and construction activities at agricultural properties.

SWPPP requirements for Conditions A, B and C:

All information in § 230-20D(7)(b)[1] of this chapter.

Description of each post-construction stormwater management practice.

Site map/construction drawing(s) showing the specific location(s) and size(s) of each post-construction stormwater management practice.

Hydrologic and hydraulic analysis for all structural components of the stormwater management system for the applicable design storms.

Comparison of post-development stormwater runoff conditions with predevelopment conditions.

Dimensions, material specifications and installation details for each post-construction stormwater management practice.

Maintenance schedule to ensure continuous and effective operation of each post-construction stormwater management practice.

Maintenance easements to ensure access to all stormwater management practices at the site for the purpose of inspection and repair. Easements shall be recorded on the plan and shall remain in effect with transfer of title to the property.

Inspection and maintenance agreement binding on all subsequent landowners served by the on-site stormwater management measures in accordance with § 230-20D(9)(d) of this chapter.

[j]

For Condition A, the SWPPP shall be prepared by a landscape architect, certified professional or professional engineer and must be signed by the professional preparing the plan, who shall certify that the design of all stormwater management practices meet the requirements in this subsection.

Other environmental permits. The applicant shall assure that all other applicable environmental permits have been or will be acquired for the land development activity prior to approval of the final stormwater design plan.

Contractor certification.

Each contractor and subcontractor identified in the SWPPP who will be involved in soil disturbance and/or stormwater management practice installation shall sign and date a copy of the following certification statement before undertaking any land development activity: "I certify under penalty of law that I understand and agree to comply with the terms and conditions of the Stormwater Pollution Prevention Plan. I also understand that it is unlawful for any person to cause or contribute to a violation of water quality standards."

The certification must include the name and title of the person providing the signature, address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made.

The certification statement(s) shall become part of the SWPPP for the land development activity.

A copy of the SWPPP shall be retained at the site of the land development activity during construction from the date of initiation of construction activities to the date of final stabilization.

Performance and design criteria for stormwater management and erosion and sediment control. All land development activities shall be subject to the following performance and design criteria:

Technical standards. For the purpose of this subsection, the following documents shall serve as the official guides and specifications for stormwater management. Stormwater management practices that are designed and constructed in accordance with these technical documents shall be presumed to meet the standards imposed by this subsection:

The New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, most current version or its successor, hereafter referred to as the Design Manual).

New York Standards and Specifications for Erosion and Sediment Control, (Empire State Chapter of the Soil and Water Conservation Society, 2004, most current version or its successor, hereafter referred to as the Erosion Control Manual).

Equivalence to technical standards. Where stormwater management practices are not in accordance with technical standards, the applicant or developer must demonstrate equivalence to the technical standards set forth in § 230-20D(8)(a)[1] and the SWPPP shall be prepared by a licensed professional.

Water quality standards. Any land development activity shall not cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the State of New York.

(9)

Maintenance, inspection and repair of stormwater facilities.

Maintenance and inspection during construction.

The applicant or developer of the land development activity or his/her representative shall at all times properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) which are installed or used by the applicant or developer to achieve compliance with the conditions of this section. Sediment shall be removed from sediment traps or sediment ponds whenever their design capacity has been reduced by 50%.

For land development activities as defined in § 230-20D(6) of this article and meeting Condition A, B or C in § 230-20D(7)(b)[2], the applicant shall have a qualified professional conduct site inspections and document the effectiveness of all erosion and sediment control practices every seven days and within 24 hours of any storm event producing 0.5 inch of precipitation or more. Inspection reports shall be maintained in a site logbook.

Drainage easement(s). Prior to the issuance of any approval that has a stormwater management facility as one of the requirements, the applicant or developer must execute a drainage easement agreement that shall be binding on all subsequent landowners served by the stormwater management facility. The easement shall provide for access to the facility at reasonable times for periodic inspection by the Town of Clay to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this subsection. The easement shall be recorded by the grantor in the office of the County Clerk after approval by the counsel for the Town of Clay.

Maintenance after construction. The owner or operator of permanent stormwater management practices installed in accordance with this subsection shall ensure they are operated and maintained to achieve the goals of this subsection. Proper operation and maintenance also includes as a minimum, the following:

A preventive/corrective maintenance program for all critical facilities and systems of treatment and control (or related appurtenances) which are installed or used by the owner or operator to achieve the goals of this subsection.

Written procedures for operation and maintenance and training new maintenance personnel.

Discharges from the SMPs shall not exceed design criteria or cause or contribute to water quality standard violations in accordance with § 230-20D(8)(c).

Maintenance agreements. The Town of Clay shall approve a formal maintenance agreement for stormwater management facilities binding on all subsequent landowners and recorded in the office of the County Clerk as a deed restriction on the property prior to final plan approval. The maintenance agreement shall be consistent with the terms and conditions of Schedule B of this chapter, entitled "Sample Stormwater Control Facility Maintenance Agreement."[1] The Town of Clay, in lieu of a maintenance agreement, at its sole discretion may accept dedication of any existing or future stormwater management facility, provided such facility meets all the requirements of this subsection and includes adequate and perpetual access and sufficient area, by easement or otherwise, for inspection and regular maintenance.

Editor's Note: Schedule B is included at the end of this chapter.

(10)

Severability and effective date.

Severability. If the provisions of any article, section, subsection, paragraph, subdivision or clause of this subsection shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate the remainder of any article, section, subsection, paragraph, subdivision or clause of this subsection.

Effective date. This subsection shall be effective upon filing with the office of the Secretary of State.

(11)

Construction inspection.

Erosion and sediment control inspection.

The Town of Clay Stormwater Management Officer may require such inspections as necessary to determine compliance with this subsection and may either approve that portion of the work completed or notify the applicant wherein the work fails to comply with the requirements of this subsection and the stormwater pollution prevention plan (SWPPP) as approved. To obtain inspections, the applicant shall notify the Town of Clay enforcement official at least 48 hours before any of the following as required by the Stormwater Management Officer:

Start of construction.

Installation of sediment and erosion control measures.

Completion of site clearing.

Completion of rough grading.

Completion of final grading.

Close of the construction season.

Completion of final landscaping.

Successful establishment of landscaping in public areas.

If any violations are found, the applicant and developer shall be notified in writing of the nature of the violation and the required corrective actions. No further work shall be conducted except for site stabilization until any violations are corrected and all work previously completed has received approval by the Stormwater Management Officer.

Stormwater management practice inspections. The Town of Clay Stormwater Management Officer is responsible for conducting inspections of stormwater management practices (SMPs). All applicants are required to submit as-built plans for any stormwater management practices located on-site after final construction is completed. The plan must show the final design specifications for all stormwater management facilities and must be certified by a professional engineer.

Inspection of stormwater facilities after project completion. Inspection programs shall be established on any reasonable basis, including but not limited to routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; inspection of drainage basins or areas identified as higher than typical sources of sediment or other contaminants or pollutants; inspections of businesses or industries of a type associated with higher than usual discharges of contaminants or pollutants or with discharges of a type which are more likely than the typical discharge to cause violations of state or federal water or sediment quality standards or the SPDES stormwater permit; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to, reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in drainage control facilities; and evaluating the condition of drainage control facilities and other stormwater management practices.

Submission of reports. The Town of Clay Stormwater Management Officer may require monitoring and reporting from entities subject to this subsection as are necessary to determine compliance with this subsection.

Right-of-entry for inspection. When any new stormwater management facility is installed on private property or when any new connection is made between private property and the public stormwater system, the landowner shall grant to the Town of Clay the right to enter the property at reasonable times and in a reasonable manner for the purpose of inspection as specified in Subsection D(11)(c) above.

(12)

Performance guarantee.

Construction completion guarantee. In order to ensure the full and faithful completion of all land development activities related to compliance with all conditions set forth by the Town of Clay in its approval of the stormwater pollution prevention plan, the Town of Clay may require the applicant or developer to provide, prior to construction, a performance bond, cash escrow, or irrevocable letter of credit from an appropriate financial or surety institution which guarantees satisfactory completion of the project and names the Town of Clay as the beneficiary. The security shall be in an amount to be determined by the Town of Clay based on submission of final design plans, with reference to actual construction and landscaping costs. The performance guarantee shall remain in force until the surety is released from liability by the Town of Clay, provided that such period shall not be less than one year from the date of final acceptance or such other certification that the facility(ies) have been constructed in accordance with the approved plans and specifications and that a one-year inspection has been conducted and the facilities have been found to be acceptable to the Town of Clay. Per annum interest on cash escrow deposits shall be reinvested in the account until the surety is released from liability.

Maintenance guarantee. Where stormwater management and erosion and sediment control facilities are to be operated and maintained by the developer or by a corporation that owns or manages a commercial or industrial facility, the developer, prior to construction, may be required to provide the Town of Clay with an irrevocable letter of credit from an approved financial institution or surety to ensure proper operation and maintenance of all stormwater management and erosion control facilities, both during and after construction, and until the facilities are removed from operation. If the developer or landowner fails to properly operate and maintain stormwater management and erosion and sediment control facilities, the Town of Clay may draw upon the account to cover the costs of proper operation and maintenance, including engineering and inspection costs.

Recordkeeping. The Town of Clay may require entities subject to this subsection to maintain records demonstrating compliance with this subsection.

(13)

Enforcement and penalties.

Notice of violation. When the Town of Clay determines that a land development activity is not being carried out in accordance with the requirements of this subsection, it may issue a written notice of violation to the landowner. The notice of violation shall contain:

The name and address of the landowner, developer or applicant;

The address when available or a description of the building, structure or land upon which the violation is occurring;

A statement specifying the nature of the violation;

A description of the remedial measures necessary to bring the land development activity into compliance with this subsection and a time schedule for the completion of such remedial action;

A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed;

A statement that the determination of violation may be appealed to the municipality by filing a written notice of appeal within 15 days of service of notice of violation.

Stop-work orders. The Town of Clay may issue a stop-work order for violations of this subsection. Persons receiving a stop-work order shall be required to halt all land development activities, except those activities that address the violations leading to the stop-work order. The stop-work order shall be in effect until the Town of Clay confirms that the land development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop-work order in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this subsection.

Violations. Any land development activity that is commenced or is conducted contrary to this subsection may be restrained by injunction or otherwise abated in a manner provided by law.

Penalties. In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this subsection shall be guilty of a violation punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine of not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine of not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this subsection shall be deemed misdemeanors, and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.

Withholding of certificate of occupancy. If any building or land development activity is installed or conducted in violation of this subsection, the Stormwater Management Officer may prevent the occupancy of said building or land.

Restoration of lands. Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the Town of Clay may take necessary corrective action, the cost of which shall become a lien upon the property until paid.

(14)

Fees for services. The Town of Clay may require any person undertaking land development activities regulated by this subsection to pay reasonable costs at prevailing rates for review of SWPPPs, inspections, or SMP maintenance performed by the Town of Clay or performed by a third party for the Town of Clay.

Outdoor furnaces.

[Added 10-19-2009 by L.L. No. 4-2009]

Purpose. This Subsection E provides for the implementation of a policy to regulate outdoor furnaces so that residents and commercial establishments will continue to have clean air and an environment free of obnoxious odors, noxious fumes and smells. Although outdoor furnaces may provide an economical alternative to conventional heating systems, concerns have been raised regarding the safety and environmental impacts of these heating devices, particularly the production of offensive odors and potential health effects of uncontrolled emissions. This Subsection E is intended to ensure that outdoor furnaces are utilized in a manner that does not create a nuisance and is not detrimental to the health, safety and general welfare of the residents of the Town.

Permits required. The Town Board shall issue a special permit for the use of an outdoor furnace, prior to the issuance of any building permits. No person shall cause, allow or maintain the use of an outdoor furnace within the Town of Clay without first having obtained a permit from the Department of Planning and development. Application for permit shall be made on the forms provided by the Department of Planning and Development. Upon approval by the Code Enforcement Officer, a certificate of compliance will be issued.

Specific requirements.

Permitted fuel. Only firewood and untreated lumber are permitted to be burned in any outdoor furnace.

Prohibited substances. Industrial waste, rubber, plastic, used motor oil, toxic chemicals, contaminated waste, yard waste, household garbage, cardboard and wastepaper, animal waste and any material prohibited for combustion by federal or state statute.

Permitted zones. Outdoor furnaces shall be permitted only in the RA-100, I-1 and I-2 Zoning Districts as shown on the Town's Zoning Map.

Minimum lot size. Outdoor furnaces shall be permitted only on lots of three acres or more.

Setbacks. Outdoor furnaces/wood storage shall be set back not less than 100 feet from the nearest lot line.

Outdoor furnaces shall not be located closer than 25 feet to any other structure.

Months of operation. Outdoor furnaces shall be operated only between September 1 and May 31.

Spark arrestors. All outdoor furnaces shall be equipped with properly functioning spark arrestors.

No outdoor furnace shall be utilized in any manner as a waste incinerator.

Suspension of permit.

A permit issued pursuant to this chapter may be suspended as the Code Enforcement Officer may determine to be necessary to protect the public health, safety and welfare of the residents of the Town of Clay if any of the following conditions occurs:

Emissions from the outdoor furnace exhibit greater than twenty-percent opacity (six-minute average), except for one continuous six-minute period per hour of not more than twenty-seven-percent opacity, which shall be determined as provided in 6 NYCRR 227-1.3(b);

Malodorous air contaminants from the outdoor furnace are detectable outside the property of the person on whose land the outdoor furnace is located;

The emissions from the outdoor furnace interfere with the reasonable enjoyment of life or property;

The emissions from the outdoor furnace cause damage to vegetation or property; or

The emissions from the outdoor furnace are or may be harmful to human or animal health.

A suspended permit may be reinstated once the condition which resulted in suspension is remedied and reasonable assurances are given that such condition will not recur. Recurrence of a condition which has previously resulted in suspension of a permit shall be considered a violation of this Subsection E subject to the penalties provided in § 230-20E(7) hereof.

Nonconforming outdoor furnaces. See § 230-23, Nonconformities.

Enforcement. This chapter shall be enforced by the Code Enforcement Officer of the Town of Clay.

Penalties for offenses. Failure to comply with any of the provisions of this Subsection E shall be a violation and, upon conviction thereof, shall be punishable by a fine of not more than $250 for each day or part thereof during which such violation continues. In addition, any permit issued pursuant to this Subsection E shall be revoked upon conviction of a second offense and the subject outdoor furnace shall not be eligible for another permit. Each day that a violation occurs shall constitute a separate offense. The owners of premises upon which prohibited acts occur shall be jointly and severally liable for violations of this Subsection E. Any fine imposed hereunder shall constitute a lien upon the real property where the outdoor furnace is located until paid.

Effect on other regulations. Nothing contained herein shall authorize or allow burning which is prohibited by codes, laws, rules or regulations promulgated by the United States Environmental Protection Agency, New York State Department of Environmental Conservation, or any other federal, state, regional or local agency. Outdoor furnaces, and any electrical, plumbing or other apparatus or device used in connection with an outdoor furnace, shall be installed, operated and maintained in conformity with the manufacturer's specifications and recommendations and any and all local, state and federal codes, laws, rules and regulations. In case of a conflict between any provision of this Subsection E and any applicable federal, state or local ordinances, codes, laws, rules or regulations, the more restrictive or stringent provision or requirement shall prevail.

Patio, backyard, garage and/or estate sale permitted.

[Added 9-18-2017 by L.L. No. 3-2017]

Purpose. The sale of goods, wares or merchandise from a residential property principally used as a residence (commonly known as a "patio, backyard, garage and/or estate sale") is hereby permitted, provided that the following conditions are complied with:

No goods, wares or merchandise shall be offered for sale or sold at such sale other than used property owned exclusively by the owner, tenant or occupant of such residence. New goods shall not be sold at garage sales. Upon request by any representative of the Code Enforcement Department, the person conducting such sale shall establish his title to the goods, wares or merchandise offered for sale.

No sign, billboard, placard, or other form of advertisement of such sale shall be placed upon any public property within the Town; except in accordance with § 230-22C(3), Temporary sign standards.

No such sale shall be commenced prior to 8:00 a.m., and it shall conclude each day at or before 6:00 p.m.

Such sales are limited to four per calendar year.

No goods, wares or merchandise shall be placed or displayed in the front yard of any corner lot, residence or premises, nor in the side yard of any corner lot, unless such side yard is screened from the view of the adjacent public right-of-way to the maximum height permitted, for the purpose of offering for sale, selling or advertising such sale. For the purpose of this article, "front yard" is defined as the full width of the lot lying between the public right-of-way and the front building line of the main house on the premises. This section shall be applied to avoid the display of goods in the open on property between any residential structure and the street.

A violation of any of the foregoing conditions shall be punishable by a fine of $250 per violation for the first offense and up to $1,000 for repeated violations.

Small cell wireless deployment requirements.

[Added 1-6-2020 by L.L. No. 1-2020]

Purpose and intent.

Purpose.

The purpose of this subsection is to regulate the placement of certain wireless communication facilities in the Town. The standards set forth herein are created to provide objective, technically feasible criteria applied in a nondiscriminatory manner that reasonably match the aesthetics and character of the immediate area regarding all of the following, which the Town shall consider when reviewing an application:

The location of the ground-mounted communication facilities;

The location of a wireless facility on a pole or other device;

The appearance and concealment of communication facilities, including those relating to materials used for arranging, screening and landscaping;

The design and appearance of a wireless support structure, including any height requirements adopted in accordance with this subsection.

This subsection applies to the public ROW but does not restrict the Town's right to regulate communication facilities on non-Town-owned property or outside of the public ROW under the same terms and conditions set forth herein.

Intent. In enacting this subsection, the Town is establishing uniform standards to address issues presented by certain wireless facilities, including, without limitation, to:

Prevent interference with the use of streets, sidewalks, alleys, parkways and other public ways and places;

Prevent the creation of visual and physical obstructions and other conditions that are hazardous to vehicular and pedestrian traffic;

Prevent interference with existing facilities and operations of facilities presently lawfully located in the right-of-way or public property;

Ensure efforts are made to preserve the character of neighborhoods in which facilities are installed;

Protect against environmental damage, including damage to trees and public and private property; and

Facilitate the appropriate and reasonable deployment of small wireless facilities to provide the benefits of reliable access to wireless telecommunications technology, broadband and 9-1-1 services to homes, businesses and schools within the Town.

COMMUNICATIONS SERVICE PROVIDER

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

ADMINISTRATIVE REVIEW

Ministerial review of an application by the Town relating to the review and issuance of a permit, including review by the Code Enforcement Officer to determine whether the issuance of a permit is in conformity with the applicable provisions of this subsection.

ANTENNA

Communications equipment that transmits and/or receives electromagnetic radio frequency signals used in the provision of wireless services. This definition does not apply to broadcast antennas, antennas designed for amateur radio use, or satellite dishes for residential or household purposes.

APPLICABLE CODES

Uniform building, fire, safety, electrical, plumbing, or mechanical codes adopted, or incorporated, by the Town.

APPLICANT

Any person who submits an application under this subsection.

APPLICATION

A written request, on a form provided by the Town, for a permit.

AUTHORITY or TOWN

The Town of Clay or any agency, subdivision or any instrumentality thereof.

CO-LOCATE

To install or mount a small wireless facility on an existing support structure, an existing tower, or on an existing pole to which a small wireless facility is attached at the time of the application. "Co-location" has a corresponding meaning.

COMMUNICATIONS FACILITY

Collectively, the equipment at a fixed location(s) within the public ROW or on public or private property that enables communications services, including: i) radio transceivers, antennas, coaxial, fiber-optic or other cabling, power supply (including backup battery), and comparable equipment, regardless of technological configuration; and ii) all other equipment associated with any of the foregoing. A communications facility does not include the pole, tower or support structure to which the equipment is attached.

COMMUNICATIONS SERVICE

Cable service, as defined in 47 U.S.C. § 522(6); information service or broadband, as defined in 47 U.S.C. § 153(24); or telecommunications service, as defined in 47 U.S.C. § 153(53).

A provider of communications services, and includes a cable operator, as defined in 47 U.S.C. § 522(5).

DECORATIVE POLE

A pole that is specially designed and placed for aesthetic purposes.

DISCRETIONARY REVIEW

Review of an application by the Town Planning Board relating to the review and issuance of a permit that is other than an administrative review.

ELIGIBLE FACILITIES REQUEST

An eligible facility request as set forth in 47 CFR 1.40001(b)(3),[2] as that section may be amended from time to time.

FCC

The Federal Communications Commission of the United States.

LAWS

Collectively, any and all federal, state, or local law, statute, common law, code, rule, regulation, order, or ordinance.

ORDINARY MAINTENANCE AND REPAIR

Inspections, testing and/or repair of existing communication facilities that maintain functional capacity, aesthetic and structural integrity of a communications facility and/or the associated support structure, pole or tower, that does not require blocking, damaging or disturbing any portion of the public ROW.

PERMIT

A written authorization (in electronic or hard copy format) to install, at a specified location(s) in the public ROW or at a specific location on public or private property, a communications facility, tower or a pole to support a communications facility.

PERMITTEE

An applicant who has received a permit under this subsection.

PERSON

An individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including a governmental entity.

POLE

A legally constructed pole, such as a utility, lighting, traffic, or similar pole made of wood, concrete, metal or other material, located or to be located within the public right-of-way. A pole does not include a tower or support structure.

PROVIDER

A communications service provider or a wireless services provider, and includes any person who owns and/or operates within the public ROW any communications facilities, wireless facilities, poles built for the sole or primary purpose of supporting communications facilities, or towers.

PUBLIC RIGHT-OF-WAY or PUBLIC ROW

The area on, below, or above property that has been designated for use as or is used for a public roadway, highway, street, sidewalk, alley or similar purpose, and for purposes of this subsection shall include public utility easements, but only to the extent the Town has to permit use of the area or public utility easement for communications facilities or poles, towers and support structures that support communications facilities. The term does not include a federal interstate highway or other areas that are not within the legal jurisdiction, ownership or control of the Town.

PUBLIC UTILITY EASEMENT

Unless otherwise specified or restricted by the terms of the easement, the area on, below, or above a property in which the property owner has dedicated an easement for use by utilities. "Public utility easement" does not include an easement dedicated solely for the Town's use, or where the proposed use by the provider is inconsistent with the terms of any easement granted to the Town.

REPLACE or REPLACEMENT

In connection with an existing pole, support structure or tower, to replace (or the replacement of) same with a new structure, substantially similar in design, size and scale to the existing structure and in conformance with this subsection and any other applicable Town regulations, in order to address limitations of the existing structure to structurally support co-location of a communications facility.

SMALL WIRELESS FACILITY

A wireless facility that meets both of the following qualifications: i) each antenna could fit within an enclosure of no more than three cubic feet in volume; and ii) all other wireless equipment associated with the antenna, including the provider's preexisting equipment, is cumulatively no more than 28 cubic feet in volume.

STATE

The State of New York.

SUPPORT STRUCTURE

A freestanding structure other than a pole or a tower to which a wireless facility is attached at the time of the application.

TOWER

Any structure built for the sole or primary purpose of supporting a wireless facility. A tower does not include a pole or a support structure.

WIRELESS FACILITY

The equipment at a fixed location(s) that enables wireless services. The term does not include: i) the support structure, tower or pole on, under, or within which the equipment is located or co-located; or ii) coaxial, fiber-optic or other cabling that is between communications facilities or poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna. A small wireless facility is one type of a wireless facility.

WIRELESS INFRASTRUCTURE PROVIDER

A person, including a person authorized to provide telecommunications service in the state, that builds or installs wireless communication transmission equipment, wireless telecommunications facilities or wireless telecommunications support structures, but that is not a wireless services provider.

WIRELESS SERVICES

Any services provided using wireless telecommunications facilities.

WIRELESS SERVICES PROVIDER

A person who provides wireless services and is authorized to provide such services pursuant to an FCC license.

Editor's Note: See now 47 CFR 1.6100(b)(3).

Governance of deployment in ROW; access to public ROW.

Agreement. Prior to installing any communications facility in a public ROW, or any pole built for the sole or primary purpose of supporting a communications facility, or any tower, a person shall enter into a license agreement ("license agreement") with the Town, which shall be filed with the Onondaga County Clerk's office, expressly authorizing use of the public right-of-way for the communications facility, pole or tower proposed to be installed.

General terms.

The term of the license agreement shall be annual, which shall renew automatically unless terminated by the Town upon 90 days' written notice.

The license agreement authorizes the provider's nonexclusive use of the public ROW for the sole purpose of installing, maintaining and operating communications facilities, including any pole built for the sole or primary purpose of supporting the communications facilities and any tower, to provide the services expressly authorized in the license agreement, subject to applicable laws, this subsection and the terms and conditions of the license agreement. The license agreement authorizes use only of the public ROW in which the Town has an actual interest. It is not a warranty of title or interest in any public ROW, and it does not confer on the provider any interest in any particular location within the public ROW. No other right is granted except as expressly set forth in the license agreement. Nothing herein shall authorize the use of the Town's poles, towers, support structures, or other structures in the public ROW. All use of Town poles, towers, support structures, and other structures in the public ROW shall require the execution of an attachment agreement, and the payment of separate fees for such use.

The provider shall, at its sole cost and expense, keep and maintain its communications facilities, poles, support structures and towers in the public ROW in a safe condition, and in good order and repair.

The provider shall keep and maintain liability insurance in the amount of $1,000,000 for each incident and an umbrella policy in the amount of $5,000,000 for each communication facility in a public ROW. The Town shall be named an additional insured on each policy on a primary, noncontributory basis. The provider shall provide the Town with proof of such insurance in a form acceptable to legal counsel for the Town. Each insurance policy shall contain an endorsement obligating the insurance company to furnish the Town with at least 30 days' written notice prior to the cancellation of the insurance policy. The insurance policies shall be issued by an insurance company licensed to do business in New York State and shall have a Best's rating of at least A.

The license agreement shall include the name and contact information for the provider to be called in cases of emergencies.

Licensees using space in ducts, conduits and on poles must comply with the terms of this license agreement, unless expressly exempted by the Town.

The Town shall have the right to access books and records, including audit rights, of the provider to determine that all applicable fees and payments have been made to the Town.

The provider shall provide proof to the Town that it has a license or authority from the owner to use an existing pole, tower or support structure in the public ROW for a communications facility.

The terms and conditions set forth herein are not exclusive, and the Town reserves the right to require additional terms and conditions to the license agreement.

Public ROW construction and installation requirements.

ROW permit.

Unless expressly authorized in this subsection or in writing by the Town, no person may construct, maintain or perform any other work in the public ROW related to communications facilities, poles built for the sole or primary purpose of supporting communications facilities, or towers without first receiving a permit to the extent required under this subsection, and any other permit or authorization required by applicable laws.

The Town shall not issue a permit unless the applicant, or a provider on whose behalf the applicant is constructing communications facilities, poles or towers, has executed a license agreement required by this subsection, or otherwise has a current and valid franchise with the Town expressly authorizing use of the public ROW for the communications facilities, poles or towers proposed in the application, and all applicable fees have been paid.

Location of new facilities.

The provider shall not locate or maintain its communications facilities, poles and towers so as to unreasonably interfere with the use of the public ROW by the Town, by the general public or by other persons authorized to use or be present in or upon the public ROW.

Aboveground placement of new poles and equipment cabinets shall meet the requirement set forth in this subsection.

Unless otherwise agreed to in writing by the Town or otherwise required by applicable laws, whenever any existing electric utilities or communications facilities are located underground within a public ROW, the provider with permission to occupy the same portion of the public ROW shall locate its communications facilities underground at its own expense. The Town may, in its sole discretion, approve aboveground placement of equipment cabinets, pedestals and similar equipment. For facilities or equipment such as wireless facilities that cannot, by their nature, operate unless located above ground, the provider and Town shall work to find a suitable location for such facilities or equipment, which may be outside the public ROW.

Construction standards. In performing any work in or affecting the public ROW, the provider, and any agent or contractor of the provider, shall comply with the provisions of this subsection and all other applicable laws.

Restoration requirements.

The provider, or its agent or contractor, shall restore, repair and/or replace any portion of the public ROW that is damaged or disturbed by the provider's communications facilities, poles, towers or work in or adjacent to the public ROW as required in this subsection and all other applicable laws.

If the provider fails to timely restore, repair or replace the public ROW as required in this subsection, the Town or its contractor may do so, and the provider shall pay the Town's costs and expenses in completing the restoration, repair or replacement.

Removal, relocation and abandonment.

Within 60 days following written notice from the Town, the provider shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any of its communications facilities, poles, support structures or towers within the public ROW, including relocation of aboveground communications facilities underground (consistent with the provisions of this subsection), whenever the Town has determined, in its sole discretion, that such removal, relocation, change or alteration is necessary for the construction, repair, maintenance, or installation of any Town improvement, the operations of the Town in, under or upon the public ROW, or otherwise is in the public interest. The provider shall be responsible to the Town for any damages or penalties it may incur as a result of the provider's failure to remove or relocate communications facilities, poles, support structures or towers as required in this subsection.

The Town retains the right and privilege to cut or move any communications facility, pole, support structure or tower located within the public ROW, as the Town may determine, in its sole discretion, to be necessary, appropriate or useful in response to any public emergency. If circumstances permit, the Town shall notify the provider and give the provider an opportunity to move its own facilities prior to cutting or removing the communications facility, pole, support structure or tower. In all cases the Town shall notify the provider after cutting or removing the communications facility, pole, support structure or tower as promptly as reasonably possible.

A provider shall notify the Town of abandonment of any communications facility, pole, support structure or tower at the time the decision to abandon is made; however, in no case shall such notification be made later than 30 days prior to abandonment. Following receipt of such notice, the provider shall remove its communications facility, pole, support structure or tower at the provider's own expense, unless the Town determines, in its sole discretion, that the communications facility, pole, support structure or tower may be abandoned in place. The provider shall remain solely responsible and liable for all of its communications facilities, poles, support structures and towers until they are removed from the public ROW unless the Town agrees in writing to take ownership of the abandoned communications facilities, poles, support structures or towers. Upon the issuance of a permit, the provider shall provide a removal bond in the amount estimated for the removal of all of the communication facilities that are the subject of an application, such estimated amount to be determined by the Code Enforcement Officer, after consultation with the Engineer for the Town.

[iv]

If the provider fails to timely protect, support, temporarily or permanently disconnect, remove, relocate, change or alter any of its communications facilities, poles, support structures or towers or remove any of its abandoned communications facilities, poles, support structures or towers as required in this subsection, the Town or its contractor may do so, and the provider shall pay all costs and expenses related to such work, including any delay damages or other damages the Town incurs arising from the delay.

As-builts and maps. Maps showing the location of equipment in ROW and as-builts after construction shall be provided to the Town within 30 days after completion of construction, in conformance to the requirements of the Engineer for the Town.

Fees and charges.

Permit application fee. Every applicant for a co-location shall pay a permit application fee of $500 for a single up-front application, which application may include up to five small wireless facilities, and $100 per application for each additional small wireless facility thereafter. The fee shall be paid upon submission of the application.

Every application for a new pole in the public ROW shall pay a permit application fee of $1,000. The fee shall be paid upon submission of the application.

License agreement fee. Every person requesting a license agreement from the Town shall pay an administrative fee of $340, which shall include the legal costs of drafting such license agreement.

ROW use fee. In exchange for the privilege of nonexclusive occupancy of the public ROW, the provider shall pay the Town $270 per small wireless facility, per year, for as long as the license agreement is effective. The ROW use fee shall be due and payable within 30 days of issuance of the license agreement.

Attachment fees. The provider shall be subject to an additional attachment fee of $500 if the small wireless facilities will be attached to property (either real or personal) owned by the Town. No attachment will be allowed except after issuance of a permit pursuant to an attachment agreement.

Other fees. The applicant or provider shall be subject to any other generally applicable fees of the Town or other government body, such as those required for electrical permits, building permits, or street opening permits, which the applicant or provider shall pay as required in the applicable laws, as well as attachment fees for the use of Town-owned poles, towers, support structures, ducts, conduits or other structures in the public ROW, as set forth in attachment agreements authorizing such use.

[7]

No refund. Except as otherwise provided in a license agreement, the provider may remove its communications facilities, poles or towers from the public ROW at any time, upon not less than 30 days' prior written notice to the Town, and may cease paying to the Town any applicable recurring fees for such use, as of the date of actual removal of the facilities and complete restoration of the public ROW. In no event shall a provider be entitled to a refund of fees paid prior to removal of its communications facilities, poles or towers.

Permit applications.

Permit required. Unless expressly authorized in this subsection or in writing by the Town, no person may construct, install or maintain in the public ROW any communications facilities or poles built for the primary purpose of supporting communications facilities, or towers, including the installation or co-location of communications facilities on existing poles, towers, support structures or other structures within the public ROW, without first receiving a permit. Notwithstanding the foregoing, in the event of an emergency, a provider or its duly authorized representative may work in the public ROW prior to obtaining a permit, provided that the provider shall attempt to contact the Town prior to commencing the work and shall apply for a permit as soon as reasonably possible, but not later than 12 hours after commencing the emergency work. For purposes of this subsection, an "emergency" means a circumstance in which immediate repair to damaged or malfunctioning facilities is necessary to restore lost service or prevent immediate harm to persons or property.

Permit application requirements. The application shall be made by the provider or its duly authorized representative and shall contain the following:

The applicant's name, address, telephone number, and email address, including emergency contact information for the applicant.

The names, addresses, telephone numbers, and email addresses of all consultants, if any, acting on behalf of the applicant with respect to the filing of the application.

A description of the proposed work and the purposes and intent of the proposed facility sufficient to demonstrate compliance with the provisions of this subsection. The applicant shall state whether the applicant believes the proposed work is subject to administrative review or discretionary review and if the permit is an eligible facilities request.

If applicable, a copy of the authorization for use of the property from the pole, tower or support structure owner on or in which the communications facility will be placed or attached.

Detailed construction drawings regarding the proposed communication facility.

To the extent the proposed facility involves co-location on a pole, tower or support structure, a structural report performed by a duly licensed engineer evidencing that the pole, tower or support structure will structurally support the co-location (or that the pole, tower or support structure will be modified to meet structural requirements) in accordance with applicable codes.

[7]

For any new aboveground facilities or structures, accurate visual depictions or representations, if not included in the construction drawings.

[8]

If new construction, a plan demonstrating how co-locations on the new pole, tower or support structure would be possible for other providers who may wish to deploy small cell technology in the geographic area of the subject application.

Proprietary or confidential information in application. Applications are public records that may be made available pursuant to the New York State Freedom of Information Law. Notwithstanding the foregoing, an applicant may designate portions of its application materials that it reasonably believes contain proprietary or confidential information as "proprietary" or "confidential" by clearly marking each portion of such materials accordingly, and the Town shall treat the information as proprietary and confidential, subject to the requirements of the New York State Freedom of Information Law and the Town's determination that the applicant's request for confidential or proprietary treatment of application materials is reasonable.

Ordinary maintenance and repair. A permit shall not be required for ordinary maintenance and repair. The provider or other person performing the ordinary maintenance and repair shall obtain any other permits required by applicable laws and shall notify the Town in writing at least 48 hours before performing the ordinary maintenance and repair.

Material changes. The Town may require payment of an additional permit application fee in the event the Town determines, in its sole discretion, that material changes to an application after submission amount to a new application and will materially increase the time and/or costs of the permit review process. Unless otherwise agreed to in writing by the Town, any material changes to an application, as determined by the Town in its sole discretion, shall be considered a new application for purposes of the time limits unless otherwise provided by applicable laws.

Application fees. Unless otherwise provided by applicable laws, all applications pursuant to this subsection shall be accompanied by the required fees.

Effect of permit. A permit from the Town authorizes an applicant to undertake only the activities in the public ROW specified in the application and permit, and in accordance with this subsection and any general conditions included in the permit. A permit does not authorize attachment to or use of existing poles, towers, support structures or other structures in the public ROW; a permittee or provider must obtain all necessary approvals and pay all necessary fees from the owner of any pole, tower, support structure or other structure prior to any attachment or use. A permit does not create a property right or grant authority to the applicant to interfere with other existing uses of the public ROW.

Duration. Any permit for construction issued under this subsection shall be valid for a period of 90 days after issuance and can be extended for an additional 90 days upon written request of the applicant, if the failure to complete construction is a result of circumstances beyond the reasonable control of the applicant.

An applicant may simultaneously submit up to five applications for communications facilities, or may file a single, consolidated application covering a batch of not more than 20 such communications facilities, provided that the proposed communications facilities are to be deployed on the same type of structure using similar equipment and within an adjacent, related geographic area of the Town. If the applicant files a consolidated application, the applicant shall pay the application fee calculated as though each communication facility were a separate application. No applicant shall submit more than one consolidated application over a six-month period. The Code Enforcement Officer has the discretion to determine whether a provider is submitting a consolidated application through the submission of multiple single small wireless facilities.

Administrative review.

Permitted use. The following uses within the public ROW shall be permitted uses, subject to administrative review and issuance of a permit as set forth in this § 230-20G. All such uses shall be in accordance with all other applicable provisions of this subsection, including, without limitation, those set forth in this subsection and the terms of any license agreement. Administrative review will not be available for consolidated applications or simultaneous applications for more than five communication facilities.

Co-location of a small wireless facility that does not exceed the maximum 35 feet in height set forth in this subsection or a co-location that qualifies as an eligible facilities request.

Modification of a pole, tower or support structure or replacement of a pole for co-location of a communications facility where the modification or replacement qualifies as an eligible facilities request.

Construction of a new decorative pole or a monopole tower (but no other type of tower) to be used for a small wireless facility that does not exceed the maximum height set forth, provided that there are existing poles of similar height within 100 feet of either side of the proposed new pole or monopole tower.

Construction of a communications facility, other than those set forth in Subsection G(1), (2) or (3) in this subsection, involving the installation of coaxial, fiber-optic or other cabling, that is installed underground or aboveground between two or more existing poles or an existing pole and an existing tower and/or existing support structure, and related equipment and appurtenances.

Application review.

The Town shall review the application either under the administrative review or discretionary review, as the case may be, and, if the application conforms with applicable provisions of this subsection, the Town shall issue the permit, subject to the design standards set forth in this subsection.

Except as otherwise provided by applicable laws, the Town shall:

Within 10 days of receiving an application, notify the applicant if the application is incomplete and identify the missing information. The applicant may resubmit the completed application within 30 days without additional charge, in which case the Town shall have 10 days from receipt of the resubmitted application to verify the application is complete, notify the applicant that the application remains incomplete or, in the Town's sole discretion, deny the application; and

Make its final decision to approve or deny the application within 60 days for a co-location, and 90 days for any new structure, after the application is complete (or deemed complete in the event the Town does not notify the applicant that the application or resubmitted application is incomplete).

The Town shall advise the applicant in writing of its final decision.

Maximum height of permitted use. Small wireless facilities, and new, modified or replacement poles, towers and support structures in the public ROW may be approved through administrative review as provided in this subsection only if the following requirements are met:

Each new, modified or replacement pole, tower or support structure installed in the public ROW shall not exceed 35 feet in height.

New small wireless facilities in the public ROW shall not exceed 35 feet in height.

Design standards. The design standards for communication facilities, poles built for the sole or primary purpose of supporting communications facilities, or towers shall be adopted by the Town Board and shall be published on the official Town website and made available to all applicants at their request or upon submission of an application. The design standards must be strictly adhered to and shall constitute a condition precedent to the granting of any permitting pursuant to this subsection. The design standards shall be subject to change upon upon a majority vote of the Town Board.

Discretionary review and approval. All other uses within the public ROW not expressly set forth or referenced in this subsection shall require compliance with, and issuance of, a site plan approval pursuant to the Town Code. In determining the deployment and placement of communication facilities, the Planning Board shall consider the following criteria and their impact on the surrounding neighborhood during the site plan review process: i) the design standards set forth in this subsection; ii) the compatibility of further deployments and their potential impact on the surrounding neighborhood; iii) the potential for co-location of other providers' communication facilities; and iv) the density fulfillment needs of the neighborhood.

General public ROW installation requirements.

General work requirements.

General safety and compliance with laws. The permittee shall employ due care during the installation, maintenance or any other work in the public ROW, and shall comply with all safety and public ROW protection requirements of applicable laws, applicable codes, and any generally applicable Town guidelines, standards and practices, and any additional commonly accepted safety and public ROW protection standards, methods and devices (to the extent not inconsistent with applicable laws).

Traffic control. Unless otherwise specified in the permit, the permittee shall erect a barrier around the perimeter of any excavation and provide appropriate traffic control devices, signs and lights to protect, warn and guide the public (vehicular and pedestrian) through the work zone. The manner and use of these devices shall be described within a traffic control plan in accordance with the Uniform Manual of Traffic Control Devices. The permittee shall maintain all barriers and other traffic control and safety devices related to an open excavation until the excavation is restored to a safe condition or as otherwise directed by the Town.

Interference. The permittee shall not interfere with any existing facilities or structures in the public ROW, and shall locate its lines and equipment in such a manner as not to interfere with the usual traffic patterns (vehicular or pedestrian) or with the rights or reasonable convenience of owners of property that abuts any public ROW.

Utility location. Before beginning any excavation in the public ROW, the permittee shall comply with Dig Safely New York, Inc.

Compliance with permit.

All construction practices and activities shall be in accordance with the permit and approved final plans and specifications. The Town and its representatives shall be provided access to the work site and such further information as they may require to ensure compliance with such requirements. All work that does not comply with the permit, the approved plans and specifications for the work, or the requirements of this subsection, shall be removed at the sole expense of the permittee. The Town may stop work in order to assure compliance with the provisions of this subsection.

In addition to obtaining a permit for installation of a communications facility, poles built for the sole or primary purpose of supporting communications facilities, or towers in the public ROW, an applicant must obtain all other required permits.

Mapping data. The permittee shall provide to the Town as-builts, in a format designated by the Town or otherwise compatible with such format, showing the location of communications facilities, poles, support structures and towers upon completion of the permitted work.

Attachment to and replacement of decorative poles. Notwithstanding anything to the contrary in this subsection, an applicant may not install a small wireless facility on a decorative pole, or replace a decorative pole with a new decorative pole unless the Town has determined, in its sole discretion as part of the administrative review process, that each of the following conditions has been met:

The application qualifies for issuance of a permit under this subsection.

The attachment and/or the replacement pole is in keeping with the aesthetics of the decorative pole.

(9)

General design guidelines.

Compliance. All communications facilities shall be designed, constructed, operated, maintained, repaired, modified and removed in strict compliance with all current applicable technical, safety and safety-related codes, including, but not limited to, the most recent editions of the American National Standards Institute (ANSI) Code, National Electrical Safety Code, National Electrical Code, the Town of Clay Code, and any other applicable local, state, and federal rules and regulations.

Underground utilities. All service lines to the proposed communications facility shall be underground if all other utilities in the immediate area are also underground.

Power and fiber-optic supply.

Independent power source required. Communications facilities subject to a license agreement may not use the same power source providing power for the existing facilities original to the purpose of the support structure, unless specifically authorized by the owner of the support structure and approved by the Town Engineer. An independent power source must be contained within a separate conduit on the existing support structure.

Providers shall coordinate, establish, maintain and pay for all power and communication connections with private utilities.

Wiring, cables and conduit requirements.

All wiring and cables must be housed and fully concealed within the steel or other metal support structure pole and extended vertically within a flexible conduit. In nonsteel or solid support structures, all wiring and cables must be fully concealed and appropriately protected and covered with a material that matches the nonsteel or solid support structure so as not to be visible from public view.

Aboveground wires, cables, connections and conduits are prohibited, except as specified in this Design Guideline Manual based on the support structure.

Spools and/or coils of excess fiber optic or coaxial cables or any other wires shall not be stored on the pole except completely within the approved enclosures or cabinets.

Lighting. Lighting associated with communications facilities is prohibited, except when incorporated into new or existing approved decorative lighting poles and/or streetlights. Any internal lights associated with electronic equipment must be shielded from public view.

Signage. Signage is prohibited on all communications facilities and support structures, including stickers, logos, and other nonessential graphics and information unless required by the FCC.

Work permits. All providers must obtain a work permit from the Town for any activity described in this subsection.

Public safety communications. Small wireless facilities shall not interfere with public safety communications or the reception of broadband, television, radio or other communication services enjoyed by the occupants of nearby properties.

Existing support structures.

Co-location encouraged. The co-location of communications facilities on existing poles, towers and support structures is strongly encouraged to minimize the extent of intrusion of redundant support structures within the public ROW or on private property. An entity seeking to place facilities in the Town shall demonstrate co-location is not commercially, structurally and/or practically feasible.

Structural integrity of existing support structures.

The Town shall not authorize any attachments to Town-owned infrastructure, pole, tower or support structure that negatively impacts the structural integrity of said infrastructure, pole, tower or support structure.

The Town may condition approval of the co-location on replacement or modification of the communications facility at the provider's cost if the Town determines that replacement or modification is necessary for compliance with the construction and/or safety standards of the Town. A replacement or modification of the communications facility shall conform to the applicable design guideline(s) and the Town's applicable specifications for the type of structure being replaced. The Town shall retain ownership of a replacement support structure.

Maximum permitted height. For an existing communications facility or support structure, the antenna and any associated shroud or concealment material which are permitted to co-locate at the top of the existing support structure shall not increase the height of the existing support structure by more than five feet or a total of 35 feet from grade.

Reserved space. The Town may reserve space for future public safety or transportation uses in the public ROW or on a pole, tower or support structure owned by the Town in accordance with an approved plan in place at the time an application is filed.

A reservation of space shall not preclude placement of a pole or the co-location of a communications facility.

If replacement of the Town's pole or support structure is necessary to accommodate the co-location of the communications facility and the future use, the provider shall pay for the replacement of the pole or support structure and shall design and construct the replacement pole or support structure in a manner that is able to accommodate the future use.

New pole, tower or support structures.

Location.

Required setbacks.

The center line of a new pole, tower or support structure shall be installed in alignment with existing street trees and other poles along the same public ROW whenever possible.

In no case shall a new pole, tower or support structure be located less than what is required in the license agreement from any of the roadway/face of curb, sidewalk, or shared use path as measured to the nearest part of the support structure.

New poles, towers or support structures shall be located a minimum of six feet from any permanent object, structure or existing lawful encroachment into the public ROW, or as determined in the license agreement.

[iv]

Support structures for small wireless facilities located outside of the public ROW shall be set back from the property line of the lot on which they are located a distance equal to not less than the total height of the facility, including the support structure, as measured from the highest point of such support structure to the finished grade elevation of the ground on which it is situated, plus 10% of such total height. The Planning Board may reduce such setback requirements based upon consideration of lot size, topographic conditions, adjoining land uses, landscaping, and other forms of screening and/or structural characteristics of the proposed support structure.

Required spacing. A minimum of 300 linear feet between poles, towers, support structures or communication facilities is required. To the extent feasible, any new or replacement pole, tower or support structure constructed in the public ROW shall be located at the property line between two residentially zoned properties and not in the direct line of site from the front of a residential structure.

Placement of poles between property lines. When feasible, all poles shall be installed as close to the adjoining property line as possible, unless not feasible, to curtail impacts on primary structures.

Maximum permitted height. For a new support structure in all districts, the overall height of the pole, tower and support structure and any co-located antennas shall not be more than 35 feet in height above established grade measured at the base of the support structure.

Design requirements.

Shape and dimensions. All new poles, towers or support structures shall be constructed of solid hot-dipped galvanized steel and shall be round with the pole shaft tempered in diameter from the base to the top with a maximum of 12 inches at the base.

Aesthetics. In appropriate locations and districts, decorative poles shall be utilized to complement the existing character of the applicable corridor of the Town.

Transformer base. All new poles, towers or support structures shall include a one-piece cast aluminum alloy transformer base in a breakaway design, consistent with engineering standards subject to the Engineer for the Town's review and approval.

Foundation/footer.

All new poles, towers or support structures shall be supported with a reinforced concrete foundation or footer that is designed by a professional engineer, subject to the Engineer for the Town's review and approval.

Anchor bolts must be constructed from steel (high strength) per ATSM A36, threaded (J-Type/L-Type), hot dip galvanized steel per ODOT CM Item No. 711.02, and in a strength and diameter recommended by a professional engineer, subject to the Engineer for the Town's review and approval.

All anchor bolts must be concealed from public view with an appropriate pole boot or cover, powder-coated to match the pole, tower or support structure.

Color. New poles, towers or support structures, including the breakaway transformer base, shall have a powder-coated finish in dark earth tone colors such as dark green, dark brown, gray, or black, consistent with the color of other poles, towers or support structures in the immediate vicinity, unless other colors are approved by the Town.

Multiple requests. If multiple requests are received by the Town to install two or more poles, towers or support structures that result in the violation of the applicable spacing requirements outlined herein, or to co-locate two or more communications facilities on the same pole, tower or support structure, the Town may resolve conflicting requests through whatever reasonable and nondiscriminatory manner it deems appropriate.

Alternate location. The Town reserves the right to propose an alternate location to any proposed location of a new pole, tower or support structure, that is within 100 feet of the proposed location or within a distance that is equivalent to the width of the public ROW in or on which the new structure is proposed, whichever is greater, which the provider shall use if it has the right to do so on reasonable terms and conditions and the alternate location does not impose technical limits or significant additional costs.

Waiver.

A provider may seek a waiver from the Planning Board of the undergrounding or alternative location requirements for the placement of a new pole, tower or support structure to support communications facilities if the provider is unable to achieve its service objective using a communications facility under the following circumstances:

From a location in the public ROW where the prohibition does not apply;

In a utility easement the provider has the right to access; or

In or on other suitable locations or structures made available by the Town subject to reasonable rates, fees, and terms.

The Town shall process waivers in a reasonable and nondiscriminatory manner that does not have the effect of prohibiting the provision of wireless services.

Antennas.

Location. All antennas to be installed on new or existing poles, towers or support structures shall be mounted flush to the top of the pole, tower or support structure and aligned with the center line of the pole, tower or support structure, unless otherwise agreed to by the Town based on the specific context and characteristics of the communications facility.

Size. Each antenna shall be located entirely within an enclosure of not more than three cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an enclosure of not more than 12 cubic feet in volume.

Design.

Shape. Antennas shall be cylindrical in shape or shall be located entirely within a cylindrical canister or shroud.

Color. Exposed antennas and antenna enclosures shall match the color specifications of the pole, tower or support structure, unless other colors are approved by the Town.

(l)

Small wireless facilities installed on support structures.

Size. Exclusive of the antenna, all wireless equipment associated with the communications facility shall not cumulatively exceed 28 cubic feet in volume. The calculation of equipment volume shall not include electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services.

Equipment enclosures. All communications facilities mounted to poles, towers or support structures or located on the ground shall be fully contained within enclosures or cabinets.

Required clear height. All communications facilities mounted to a pole, tower or support structure shall provide a minimum of 10 feet of clear space on the pole as measured from established grade to the lowest point of any facility/equipment cabinets or concealment apparatus mounted to the pole, tower or support structure.

Maximum horizontal offset from support structure. Communications facility equipment cabinets or enclosures shall not extend more than 10 inches beyond the pole, tower or support structure center line in all directions.

Design.

Cabinet or enclosure shape. Communications facility equipment cabinets or enclosures shall be rectangular in shape, with the vertical dimensions being greater than the horizontal. Generally, the cabinet or enclosure shall be no wider than the maximum diameter of the support structure.

Installation. All pole-mounted equipment cabinets or enclosures must be installed as flush to the pole as possible. Any installation brackets connecting the cabinets or enclosure to the pole shall not extend more than two inches from the pole and shall include metal flaps (or wings) to fully conceal the gap between the cabinet and pole.

Color. Cabinets or enclosures shall match the color specification of the pole, tower and/or support structure, unless other colors are approved by the Town.

(m)

Ground-mounted small wireless facilities.

Location.

Required setbacks.

In no case shall ground-mounted small wireless facilities be located no less than required in the license agreement from the roadway/face of curb, sidewalk, or shared use path as measured to the nearest part of the cabinet or enclosure.

Ground-mounted communications facilities and associated required screening or shrouding shall be located a minimum of six feet from any permanent object or existing lawful encroachment into the public ROW.

Size. All communications facility equipment shall not cumulatively exceed 28 cubic feet in volume. The calculation of equipment volume shall not include electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services.

Maximum permitted height. The maximum height for ground-mounted communications facilities shall not exceed 2 1/2 feet as measured from established grade at the base of the facility.

Equipment enclosures required. All ground-mounted communications facilities shall be fully contained within enclosures or cabinets.

Design requirements.

Concealment. Ground-mounted equipment shall incorporate concealment elements into the proposed design matching the materials of the support structure, unless other materials are approved by the Town. Concealment may include, but shall not be limited to, landscaping, strategically placed in less obtrusive locations. Landscaping concealing equipment enclosures shall be planted in such quantity and size such that 100% screening is achieved within two years of installation. Landscaping shall be continuously maintained but shall not result in overgrowth of the public right-of-way area and shall minimize its presence while achieving the goal of screening.

Concrete fad or slab: in accordance with state and local standards approved by the Code Enforcement Officer.

Breakaway design. All objects placed within the public ROW shall feature breakaway design.

Color. Ground-mounted communication facility cabinets and enclosures shall have a powder-coated finish in dark earth tone colors such as dark green, dark brown, gray, or black, unless other colors are approved by the Town.

(n)

Construction and safety requirements.

Approval of the co-location, replacement or modification of a pole, tower or support structure is conditioned upon the provider's assumption of costs if the Town determines such is necessary for compliance with its written construction or safety standards.

Prevention of failures and accidents. Any provider who owns a communications facility sited in the public ROW or upon Town-owned property shall at all times employ ordinary and reasonable care and shall install, maintain and use nothing less than the best available technology for preventing failures and accidents which are likely to cause damage, injury, or nuisance to the public.

Compliance with firesafety and FCC regulations. Communications facilities, wires, cables, fixtures, and other equipment shall be installed and maintained in compliance with the requirements of the National Electrical Code, all FCC, state, and local regulations, and in such manner that will not interfere with the use of other property, public safety communications or the reception of broadband, television, radio or other communication services enjoyed by occupants of nearby properties.

Wind and ice. All communications facilities shall be designed to withstand the effects of wind gusts and ice to the standard designed by ANSI, as prepared by the engineering departments of the Electronics Industry Association, and Telecommunications Industry Association (ANSI/EIA/TIA-222, as amended).

Surety bond or equivalent financial tool for cost of removal. All providers shall procure and provide to the Town a renewable bond, or shall provide proof of an equivalent financial mechanism, which may include a funds set-aside and a letter of credit, to ensure compliance with all provisions of these standards and guidelines. The renewable bond or equivalent financial method shall cover the cost to remove unused or abandoned small wireless facilities or damage to Town property caused by a provider or its agent for each communications facility which the provider installs in the public ROW or upon Town-owned property.

(o)

Indemnify and hold Town harmless. Any provider who owns or operates a communications facility or a pole, tower or support structure in the public ROW or upon Town-owned property shall, to the fullest extent permitted by law, indemnify, protect, defend, and hold the Town and its elected officials, officers, employees, agents, and volunteers harmless from any and all penalties, damages, costs, or charges arising out of any and all claims, suits, demands, causes of action, or award of damages, whether compensatory or punitive, or expenses arising therefrom, either at law or in equity, which might arise out of, or are caused by, the placement, construction, erection, modification, location, product performance, use, operation, maintenance, repair, installation, replacement, removal, or restoration of said facility. With respect to the penalties, damages or charges referenced herein, reasonable attorneys' fees, consultants' fees and expert witness fees are included in those costs that are recoverable by the Village.

(p)

Said provider shall also hold the Town and/or its agent(s) harmless in the event any action by the Town and/or its agent(s) negligently or recklessly disrupts, destroys, and/or incapacitates the small cell facility or wireless support structure situated in the public ROW or Town-owned property in accordance with these Design Guidelines and Standards.

(10)

Violation of this subsection. Violation of any of the provisions of this subsection shall be a violation punishable with a civil penalty of $250 for each violation. Each day that a violation occurs or is permitted to exist by the applicant or provider constitutes a separate offense for which no further notice of any kind needs to be filed.

Solar energy systems.

[Added 3-7-2022 by L.L. No. 1-2022]

Authority. This solar energy section is adopted pursuant to §§ 261 through 263 of the Town Law and § 20 of the Municipal Home Rule Law of the State of New York, which authorize the Town to adopt zoning provisions that advance and protect the health, safety and welfare of the community and, in accordance with the Town Law of New York State, to make provision for, so far as conditions may permit, the accommodation of solar energy systems and equipment and access to sunlight necessary therefor.

Statement of purpose. This solar energy section is adopted to advance and protect the public health, safety, and welfare of the Town by creating regulations for the installation and use of solar-energy-generating systems and equipment, with the following objectives:

To take advantage of a safe, abundant, renewable and nonpolluting energy resource;

To decrease the cost of electricity to the owners of residential and commercial properties, including single-family houses;

To increase employment and business development in the Town, to the extent reasonably practical, by furthering the installation of solar energy systems;

To mitigate the impacts of solar energy systems on environmental resources such as important agricultural lands, forests, wildlife, and other protected resources; and

To maintain the rural character of the Town of Clay and to integrate solar energy usage in the Town in such a way as to minimize the visual impact on the community.

BUILDING-INTEGRATED SOLAR ENERGY SYSTEM

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

A combination of solar panels and solar energy equipment integrated into any building envelope system, such as vertical facades, semitransparent skylight systems, roofing materials, or shading over windows, which produce electricity for on-site consumption.

FARMLAND OF STATEWIDE IMPORTANCE

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, that is of statewide importance as determined by the appropriate state agency or agencies. Farmland of statewide importance may include tracts of land that have been designated for agriculture by state law.

GLARE

The effect by reflections of light with intensity sufficient, as determined in commercially reasonable manner, to cause annoyance, discomfort, or loss in visual performance and visibility in any material respects.

GROUND-MOUNTED SOLAR ENERGY SYSTEM

A solar energy system that is anchored to the ground via a pole or other mounting system, detached from any other structure, that generates electricity for on-site or off-site consumption.

NATIVE PERENNIAL VEGETATION

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.

POLLINATOR

Bees, birds, bats, and other insects or wildlife that pollinate flowering plants, and includes both wild and managed insects.

PRIME FARMLAND

Land, 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, that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber, and oilseed crops and is also available for these land uses.

QUALIFIED SOLAR INSTALLER

A person who has the skills and knowledge related to the construction and operation of solar energy systems. Persons who are on the list of eligible photovoltaic installers maintained by NYSERDA, or who are certified by NABCEP, shall be deemed to be qualified. Persons who are not on either of these lists may be deemed qualified if the Town Code Officer determines that they have adequate training and experience to perform the installation safely.

ROOF-MOUNTED SOLAR ENERGY SYSTEM

A solar energy system located on the roof of any legally permitted building or structure that produces electricity for on-site or off-site consumption.

SOLAR ACCESS

Space open to the sun and clear of overhangs or shade so as to permit the use of active and/or passive solar energy systems on individual properties.

SOLAR ENERGY EQUIPMENT

Electrical material, hardware, inverters, conduit, storage devices, or other electrical and photovoltaic equipment associated with the production of electricity.

SOLAR ENERGY SYSTEM

The components and subsystems required to convert solar energy into electric energy suitable for use. The term includes, but is not limited to, solar panels and solar energy equipment. The area of a solar energy system includes all the land inside the perimeter of the solar energy system, which extends to any interconnection equipment. A solar energy system is classified as a Tier 1, Tier 2, or Tier 3 solar energy system as follows:

Tier 1 solar energy systems include the following:

Roof-mounted solar energy systems.

Building-integrated solar energy systems.

Permits for all Tier 1 solar energy systems are issued by the Town Code Officer.

Tier 2 solar energy systems are residential or single building serving ground-mounted solar energy systems that are affixed to the ground either directly or by mounting devices and are not attached or affixed to a building or structure. All applications for Tier 2 solar energy systems are reviewed and approved or denied by the Town Planning Board.

STORAGE BATTERY (also known as "energy storage system")

Tier 3 solar energy systems are systems that are not included in the list for Tier 1 and Tier 2 solar energy systems. Tier 3 systems shall only be allowed in industrial and commercial zones. All applications for Tier 3 solar energy systems are approved or denied by the Town Board after review of the application, including the site plan application, by the Planning Board and after the Planning Board has filed an advisory report to the Town Board. This report must be filed with the Town Board within 45 days of the completed application being filed with the Town or such additional time as may be deemed appropriate by the Town Board.

SOLAR PANEL

A photovoltaic device capable of collecting and converting solar energy into electricity.

A device that stores energy and makes it available in an electrical form.

Applicability.

The requirements of this section shall apply to all solar energy systems permitted, installed, or modified in the Town after the effective date of this section, excluding general maintenance and repair.

Solar energy systems constructed or installed prior to the effective date of this section shall not be required to meet the requirements of this section.

Modifications to an existing solar energy system that increase the solar energy system area by more than 5% of the original area of the solar energy system (exclusive of moving any fencing) shall be subject to this section.

All solar energy systems shall be designed, erected, and installed in accordance with all applicable codes, regulations, and industry standards as referenced in the New York State Uniform Fire Prevention and Building Code ("Building Code"), the New York State Energy Conservation Code ("Energy Code"), and the Town Code.

General requirements.

A building permit shall be required for installation of all solar energy systems and installation must be performed by a qualified solar installer as approved by the Town Codes Officer.

Solar energy systems, unless a part of a Tier 3 solar energy system, shall be permitted to provide for 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 the New York Public Service Law or similar state or federal statute. However, solar energy systems applications in a residential setting and serving residential use on a single parcel or lot shall be limited to 25 kW and 110% of energy consumed on the site in the prior 12 months. Solar energy system applications serving a commercial or industrial use shall be limited to no more than 110% of the energy consumed on the site in the prior 12 months.

Issuance of permits and approvals by the Town Board, Planning Board, and Codes Officer shall include review pursuant to the State Environmental Quality Review Act ECL Article 8 and its implementing regulations at 6 NYCRR Part 617 ("SEQRA").

Prior to operation, electrical connections must be inspected by an appropriate licensed electrical inspection person or agency, as determined by the Town. An electrical inspector must supply written verification that all electrical connections pass inspection.

Connection to the public utility grid must be inspected by the appropriate public utility, and proof of inspection shall be provided to the Town.

Solar energy systems shall be permitted only if they are determined by the Town not to present any unreasonable safety risk, including, but not limited to, weight load, resistance and ingress and egress in the event of fire or other emergency.

Also, energy systems shall comply with all relevant and applicable provisions of the New York State Uniform Fire Prevention and Building Code Standards.

If storage batteries are included as part of the solar energy system, they must be placed in a secure container or enclosure under the requirements of the New York State Uniform Fire Prevention and Building Code when in use, and when no longer in use shall be disposed of in accordance with the laws and regulations of the Town and other applicable laws and regulations.

All utility services and electrical wiring/lines shall be placed underground and otherwise be placed within the walls or unobstructed conduit. Conduits or feeds which are laid on the roof shall be camouflaged to blend in with the roof and reduce statically objectionable impacts.

If solar energy systems, except for Tier 3 systems which have separate regulations under this section, cease to perform their originally intended function for more than 12 consecutive months, unless extended by the Town Board, the property owner shall completely remove the system, mounts and all associated equipment and components by no later than 90 days after written notice is received from the Town. The Code Enforcement Officer shall have the right, at any reasonable time after notice, to enter in company of the owner or his agent to ensure that the solar energy system remains operational.

Design, construction, operation and maintenance of the solar energy system shall prevent direction, misdirection and/or reflection of solar arrays and/or glare onto neighboring properties, public roads, public parks and public buildings.

(l)

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 master method for the de-energizing of the solar energy system in the event of an emergency.

Permitting requirements for Tier I solar energy systems. All Tier I solar energy systems shall be permitted in all zoning districts and shall be exempt from site plan review under this section, subject to the following conditions for this type of solar energy system:

Roof-mounted solar energy systems.

Roof-mounted solar energy systems shall incorporate the following design requirements:

Solar panels on pitched roofs shall be mounted with a maximum distance of eight inches between the roof surface and the highest edge of the system.

Solar panels on pitched roofs shall be installed parallel to the roof surface on which they are mounted or attached.

Solar panels on pitched roofs shall not extend higher than the highest point of the roof surface on which they are mounted or attached.

Solar panels on flat roofs shall not extend above the top of the surrounding parapet, or more than 48 inches above the flat surface of the roof, whichever is higher.

Solar energy systems, to the extent possible, shall have neutral paint colors to achieve harmony with the surrounding area.

Glare: All solar panels shall have antireflective coating(s).

Building-integrated solar energy systems shall be shown on the plans submitted for the building permit application for the building containing the system.

Permitting requirements for Tier 2 solar energy systems.

Districts where allowed. Tier 2 solar energy systems are permitted in all districts.

A solar/building permit and special use permit from the Planning Board shall be required for the installation of all ground-mounted solar energy systems.

Front yards.

Ground-mounted solar energy systems are prohibited in front yards. In addition, ground-mounted solar energy systems shall comply with the most restrictive area, yard and total area/lot coverage restrictions based on the specific zoning regulation in each applicable zoning district in which the ground-mounted solar system is constructed. Further, additional setbacks and yard requirements in total area/lot coverage restrictions may be required by the Planning Board in order to protect the public safety, health and welfare.

A front yard, for the purposes of this section, is defined as a line drawn parallel to the highway drawn on a point from the corner of the residence or principal structure on the structure closest to the highway.

Ground-mounted solar energy systems shall only be permitted on lots which are 20,000 square feet or larger.

The height of solar collector/panels in any amounts shall not exceed 12 feet in height in residential districts and 12 feet in industrial and commercial districts when orientated at the maximum tilt measured from the ground, including any base.

As a part of the special use permit review process, the Planning Board will determine that a ground-mounted solar energy system shall be screened to the extent possible from adjoining lots and street rights-of-way through the use of architectural features, earth berms, landscaping, fencing or other screen which will harmonize with the character of the property and the surrounding area.

The ground-mounted solar energy system shall be located in a manner to minimize view blockage reasonably for surrounding properties and shading of property while still providing adequate solar access for the solar energy system.

[7]

Neither the ground-mounted solar energy system nor any component thereof shall be cited within any required buffer area, easement, right-of-way or setback.

[8]

No special use permit shall be issued by the Planning Board unless they determine that the proposed activity will:

Be consistent with and not impede an appropriate goal or objective of the Town Comprehensive Plan.

Be consistent with and not impede the lawful use and development of contiguous and neighboring properties and not unreasonably affect their enjoyment and value.

Permitting requirements for Tier 3 solar energy systems. Tier 3 solar energy systems are only permitted in industrial and commercial zoning districts and require the issuance of a special use permit. All systems are subject to the site plan application requirements set forth in this section. In the granting of a special use permit, the Town Board will strive to permit the location of Tier 3 solar energy systems in such a manner so that no one area or neighborhood in the Town would be overburdened by the placement of Tier 3 solar energy systems.

Applications for the installation of Tier 3 solar energy system shall be:

Reviewed by the Code Enforcement Officer for completeness. Applicants shall be advised within 15 business days of the completeness of their application or any deficiencies that must be addressed prior to substantive review.

Subject to a public hearing to hear all comments for and against the application. The Town Board shall have a notice printed in a newspaper of general circulation in the Town at least 10 days in advance of such hearing. Applicants shall have delivered the notice by first-class mail to adjoining landowners or landowners within 400 feet of the property at least 10 days prior to such a hearing. Proof of mailing shall be provided to the Town Board at the public hearing.

Referred to the County Planning Department pursuant to General Municipal Law § 239-m and the Town Planning Board for site plan review and advisory report.

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 right-of-way.

Vehicular paths. Vehicular paths within the site shall be designed to minimize the extent of impervious materials and soil compaction.

Signage.

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.

As required by the 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.

Glare. All solar panels shall have antireflective coating(s).

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.

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

Decommissioning.

Solar energy systems that have been abandoned for one year and/or are not producing electricity for a period of one year at least 50% of its intended usage shall be removed at the landowner's and/or operator's expense which, at the Town's option, may come in part or whole from any security made with the Town.

A decommissioning plan signed by the landowner and/or operator of the solar energy system shall be submitted by the applicant, addressing the following:

The cost of removing the solar energy system.

The time required to decommission and remove the solar energy system from any ancillary structures.

The time required to repair any damage caused to the property by the installation and removal of the solar energy system.

The Town at its option may obtain its own decommissioning plan, the cost of which shall be paid for by the applicant.

Security, limited-access agreement, assessment of expenses and insurance.

The Town of Clay recognizes the importance of the need to possess adequate security in an easily convertible and usable form in the event the Town is forced to act to decommission the arrays and remediate a property if a permitted operation is abandoned. The Town of Clay also recognizes the long-term nature of some of these projects and the need to have a full cash security posting before the life of the project expiration date. Accordingly, the Town of Clay will require the posting of a significant cash component of the security amount determined, in addition to the initial posting of an irrevocable letter of credit. The Town shall require all applicants to post additional cash with corresponding decreases in the letter of credit posting throughout the term of the project life until the Town has a full cash security posting. The deposit, executions, or filing with the Town Comptroller of cash or irrevocable letter of credit shall be in an amount set by the Town Engineer and 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 security shall be 125% of the cost of removal of the Tier 3 solar energy system and restoration of the property.

In the event of default upon performance of such conditions, after proper notice and expiration of any cure periods, the cash or letter of credit security shall be forfeited to the Town, which shall be entitled to maintain an action thereon. The cash deposit or security shall remain in full force and effect until restoration of the property as set forth in the decommissioning plan is completed. The Town may also bring legal action against the applicant for any unrecovered losses.

In the event of default or abandonment of the solar energy system, the system shall be decommissioned as set forth herein.

Any expenses or losses incurred by the Town and not reimbursed by any security in connection with the cost of removal of abandoned equipment or other related items and legal fees and expenses shall be levied and collected in the same manner as provided in the Town Law for the levy and collection of a special ad valorem levy on the real property on which the solar energy system is located. This assessment shall be assessed on the next assessment against said property, and the same shall be levied and collected in the same manner as the regular Town tax.

Insurance. The applicant and/or owner shall maintain a current insurance policy which will cover the installation and operation of the Tier 3 project at all times in the minimum amount of $5,000,000 property and personal liability coverage and provide proof of such policy to the Town on an annual basis. The Town of Clay shall be an additional insured and proof of same shall be provided to the Town each year.

Limited site access agreement. The Town of Clay shall require all applicants to enter into a limited site access agreement upon the posting of security to ensure the Town may access the property in the event the Town is forced to act to decommission the project. The agreement shall be prepared by the Town Attorney in a form and content acceptable to the Town Board.

(9)

Site plan application. For any solar energy system requiring a special use permit, site plan approval shall be required. Any site plan application shall include the following information:

Property lines and physical features, including roads, and all improvements for the project site as shown on a current survey prepared and signed by a licensed surveyor.

Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, and screening vegetation or structures.

A one- or three-line electrical diagram detailing the solar energy system layout, solar collector installation, associated components, and electrical interconnection methods, with all National Electrical Code-compliant disconnects and overcurrent devices.

A preliminary equipment specification sheet that documents all proposed solar panels, significant components, mounting systems, and inverters that are to be installed. A final equipment specification sheet shall be submitted prior to the issuance of a building permit.

Name, address, and contact information of the proposed or potential system installer and the owner and/or operator of the solar energy system. Such information of the final system installer shall be submitted prior to the issuance of a building permit.

Name, address, phone number, and signature of the project applicant, as well as all the property owners, demonstrating their consent to the application and the use of the property for the solar energy system.

Zoning district designation for the parcel(s) of land comprising the project site.

Property operation and maintenance plan. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing and trimming.

Erosion and sediment control and stormwater management plans prepared to New York State Department of Environmental Conservation standards, if applicable, and to such standards as may be established by the Planning Board.

Prior to the issuance of the building permit or final approval by the Town Board, engineering documents must be signed and sealed by a New York State (NYS) licensed professional engineer or NYS registered architect.

The Planning Board shall complete site plan review within 90 days from the receipt of all relevant and required documents from the applicant and, for Tier 3 applications, forward its report with any recommendations to the Town Board unless the time is extended by the Town Board.

(l)

Special and additional requirements for all Tier 3 applications:

Plans and drawings of the proposed Tier 3 installation signed, marked and/or stamped by a professional engineer or architect 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 Town 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 further describe:

Property lines and physical dimensions of the proposed site, including contours at five-foot intervals.

Location, approximate dimensions and types of all existing structure(s) and uses on the site.

Location and elevation of the proposed Tier 3 installation.

Location of all existing aboveground utility lines showing the connection of the system to the utility line.

Where applicable, the location of all transmission facilities proposed for installation. All transmission lines and wiring associated with a Tier 3 project shall be buried underground and include necessary encasements in accordance with the National Electric Code and Town requirements. The Town Board may recommend waiving this requirement if sufficient engineering data is 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, 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.

Location of all service structures proposed as part of the installation and primary equipment sheds.

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. Removal of existing trees larger than six inches in diameter shall be minimized to the greatest extent possible.

A berm, landscape screen, or any other combination acceptable to the Town capable of screening the site, shall be provided along any property line as may be required by the Planning Board during site plan review.

Soil type(s) at the proposed site.

[j]

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 Tier 3 project.

[k]

Prior to the issuance of a solar/building permit, 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.

[l]

Documentation of access to the project site(s), including location of all access roads, gates, parking areas, etc.

[m]

A plan for clearing and/or grading of the site and a stormwater pollution prevention plan (SWPPP) for the site.

[n]

Documentation of utility notification, including an electric service order number.

The manufacturer's or installer's identification and appropriate warning signage shall be posted at the site and be clearly visible.

[o]

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.

[p]

The height of the solar panel array shall conform to the height restrictions for an accessory structure in the applicable zoning district, but in no case shall exceed 12 feet measured from the ground, and including any base or supporting materials. Neutral paint colors, materials and textures may be required for Tier 3 project components, buildings and structures to achieve visual harmony with the surrounding area.

[q]

The design, construction, operation and maintenance of the solar energy system shall prevent the direction, misdirection and/or reflection of solar rays and/or glare onto neighboring properties, public roads, public parks and public buildings.

[r]

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.

[s]

Noise. To the extent possible, all equipment that produces noise shall be placed in the center of the solar array. Further, and at the property line of any solar energy system, the noise level shall not exceed 60 dB.

(10)

Special use permit.

Lot size.

The property on which a Tier 3 solar energy system is placed shall meet the lot size requirements of the underlying zoning district.

Tier 2 solar energy systems are only permitted on lots which are 20,000 square feet or larger.

Setbacks.

All Tier 3 solar energy systems shall be set back at least 100 feet from all property lines unless the solar energy system crosses multiple lots, then 100 feet from the exterior perimeter of the combined lots.

Tier 2 setbacks are as permitted in the Code.

Height.

The height of all Tier 3 systems shall not exceed 12 feet.

See Subsection H(7) for Tier 2 solar energy projects.

Lot coverage.

The following components of a Tier 3 solar energy system shall be considered included in the calculations for lot coverage requirements:

Foundation systems, typically consisting of driven piles or monopoles or helical screws with or without small concrete collars.

All mechanical equipment of the solar energy system, including any pad-mounted structure for batteries, switchboard, transformers, or storage cells.

Paved access roads servicing the solar energy system.

All area within the fenced-in perimeter.

Lot coverage of Tier 3 solar energy system, as defined above, shall not exceed 50% of the lot.

Lot coverage for Tier 2 solar energy systems shall not exceed the maximum lot coverage requirement of the underlying zoning district except as modified by Subsection (7)(a)[2][a] of this subsection.

Fencing requirements. All mechanical equipment, including any structure for storage batteries, shall be enclosed by a seven-foot-high fence, as required by NEC, with a self-locking gate to prevent unauthorized access.

Screening and visibility.

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.

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

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.

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.

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.

(11)

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 Town of such change in ownership or operator within 10 days of the ownership change by certified mail to both the Town Clerk and Town Supervisor and addressed to the Clay Town Hall.

(12)

Safety.

Solar energy systems and solar energy equipment shall be certified under the applicable electrical and/or building codes as required.

Solar energy systems shall be maintained in good working order and in accordance with industry standards. Site access shall be maintained, including snow removal at a level acceptable to the local fire department and, if the Tier 3 solar energy system is located in an ambulance district, the local ambulance corps.

If storage batteries are included as part of the solar energy system, they shall meet the requirements of any applicable fire prevention and 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 any applicable federal, state, or county laws or regulations.

(13)

Permit time frame and abandonment.

The special use permit and site plan approval for a solar energy system shall be valid for a period of 12 months after issue. In the event a building permit's not issued or significant construction is not in progress in accordance with the final site plan and special permit within the twelve-month period, the Town Board may extend the time to pull a permit or complete construction for an additional 90 days by resolution of the Board. If the expiration time is not extended by the Town Board, all approvals shall become "null and void."

If there is no electricity generation of a solar energy system on a continuous basis for 12 months and/or the reduction of proposed usage in the amount of 50% for 12 months, the Town may notify and instruct the landowner and/or operator of the solar energy system to implement the decommissioning plan. Decommissioning must be completed within 250 days of notification, unless extended by the Town Board.

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

(14)

Enforcement. Any violation of this solar energy law shall be subject to the same enforcement requirements, including the civil and criminal penalties, provided for in the zoning or land use regulations of the Town.

(15)

Severability. The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.

(16)

Waiver. The Town Board may, under appropriate conditions or circumstances, and in its absolute discretion, waive one or more of the submission requirements contained herein.

(17)

Fees. Fees for application are those as established by the Town of Clay, and it shall be the responsibility of the applicant 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 energy system under this section.

§ 230-21 Parking and loading.

[Amended 9-18-2006 by L.L. No. 7-2006]

This section addresses the land uses established in the Zoning Code and provides parking and loading standards and provisions for reserve and shared parking. Land uses are treated comprehensively through a concept of parking groups.

Size.

Parking space size. A parking space shall be 9 1/2 feet by 20 feet with a driving aisle 20 feet in width. Spaces are measured from centerline of stripe.

Handicap parking. Handicap parking shall follow the requirements of the Building Code of the State of New York. Medical office buildings may require more parking spaces as per site plan review.

MEDICAL OFFICE, CLIENT-BASED

Loading space size. A loading space shall be a minimum of 12 feet wide and 55 feet in length with a height clearance of 14 feet. It shall also provide sufficient adjacent maneuvering space for trucks and similar vehicles to safely enter, unload and depart the loading space. Loading space design, placement and configuration will be subject to approval during site plan or special permit reviews, as required by the respective zone district. The length of loading space may reduced by the reviewing board to 35 feet upon finding that it is appropriate for the site and structure and does not result in any interference with other vehicular or pedestrian movements.

Required parking and loading table. The following table establishes the minimum number of parking and loading spaces for each proposed or existing land use based upon parking groups. Parking groups are collections of land uses that are considered by the Town to have similar parking and loading needs. The parking groups are designed to use the familiar land use terminology used in this Code and do not after whether a land use is permitted or not within any district. The Commissioner of Planning and Development shall determine the appropriate parking group for any land use.

Parking groups defined.

ASSEMBLY

Land use accommodating large groups for events, such as performance, show, lecture, religious service, meeting, or ceremony (examples: indoor or outdoor recreation-spectator, theaters, religious institutions).

COMMUNITY SUPPORT SITE

Land use providing utility, safety and similar services to the community or individual property (examples: utility substations, telecommunication devices, fire stations, emergency vehicle stations).

MANAGED-LIVING FACILITY

Land use providing temporary living, sleeping, or care accommodations (examples: hotels, motels, hospitals, nursing homes).

Land use intended to primarily serve clients or patients with medical, health care, therapeutic, or similar matters (examples: medical offices, dentist offices, diagnostic centers).

MEDICAL OFFICE, NON-CLIENT-BASED

Land use focusing on a variety of medical professional, administrative, management, clerical tasks and similar back-office operations; customers, clients, patients or similar nonemployees are not routinely present (examples: medical records storage facility).

MIXED-USE SITE

Land use where there are identifiable separate primary uses on the site, and more than one of the above parking groups could apply (examples: shopping centers with car dealer, office-apartment buildings).

OFFICE, CLIENT-BASED

Land use intended to primarily serve clients or patients with professional, financial or similar matters (examples: accounting or legal services, tax preparation office, engineering, insurance).

OFFICE, NON-CLIENT-BASED

Land use focusing on a variety of professional, administrative, management, clerical tasks and similar back-office operations; customers, clients, patients or similar nonemployees are not routinely present.

OPEN-SPACE-RELATED

Land use designed where the primary activities or services are conducted outside, and buildings are generally accessory to the exterior activity (examples: outdoor recreation-participant, playgrounds, ball fields, cemeteries).

PRODUCTION SITE

Land use primarily devoted to the manufacture and/or processing of materials with accessory management office and storage space and incidental customer-client space (examples: farms, manufacturers).

RESIDENTIAL

Land use primarily used as or contains a dwelling unit as defined in this Code (examples: one-, two-, and multiple-family dwellings, townhouses, mobile homes, apartments).

RESTAURANT/ENTERTAINMENT

Land use serving, on retail basis, food and beverage for on- or off-site consumption; may include related entertainment facilities (examples: restaurants, bars, nightclubs).

RETAIL SERVICE SITE, CUSTOMER-BASED

Land use intended to primarily serve clients, patients, or customers with retail or personal services (examples: banks, stores, repair shops, groceries, shopping centers).

STORAGE SITE

Land use primarily designed for the long- or short-term storage, handling and shipping of bulk materials or individual items (examples: warehouses, wholesale distributors, truck terminals).

VEHICULAR SERVICE SITE

Land use designed for the sales, service and/or storage of motor vehicles and where the vehicle operator typically remains with the vehicles or leaves the vehicle for service (examples: car repair, gas stations, car washes, car dealers).

Calculation of parking and loading requirements.

Type of parking spaces. The following table is the basis for determining only the number of employee and customer parking spaces.

Site plan/special permit review required. The following types of spaces are excluded from this table: vehicle service, storage, display, queuing or for vehicles owned, operated or otherwise directly related to the land use (e.g., service or delivery vehicles, buses or vans). Adequate space for these vehicles shall be separately provided on the site, identified in the graphic plan(s) submitted to the Town and evaluated during the site plan review or special permit review, as required by the respective zone district.

Reserve spaces. Upon approval during either site plan or special permit reviews, a percentage of the required parking or loading spaces may be set aside for future installation. These spaces shall be maintained as potentially usable spaces, but, until needed, shall be landscaped, treated and maintained per the requirements of the reviewing board. The reserve spaces shall be clearly shown on any graphic plans approved by the Town. Unless otherwise prohibited by the Town, the owner-occupant may prepare these reserve spaces for vehicular use per the approved plan, without additional site plan or special permit review. The Town may require the owner-occupant to prepare the reserve spaces for vehicular use upon a finding by the reviewing board that the reserve spaces are needed.

Shared/off-site parking. All parking and loading spaces shall be maintained entirely within the same lot as the land use(s), unless specifically allowed by the reviewing board. The reviewing board may, during site plan or special permit review, allow the required parking spaces to be maintained on any lot within 500 feet of the primary land use if it determines that it is impractical to provide parking on the same lot with the building by the issuance of a special permit.

Parking ratios. The table sets forth a minimum number of spaces required per selected characteristics of land use. Square footage is used for most of the land uses and is based on the gross or entire floor area of a building or structure, as measured along the exterior walls.

BUILDING IDENTIFICATION SIGN

Fractional results. A parking or loading space calculation resulting in fraction of a space shall be rounded to the closest whole number, except that no loading space shall be required for land uses that yield a calculated loading space that is less than one space.

Required parking and loading spaces. The following parking and loading spaces shall be provided and satisfactorily maintained by the owner-occupant of the property for each land use on the property.

Group Name		Minimum Required Parking Spaces	Minimum Required Loading Spaces
Residential
	1 to 3 units	2/unit	0
	4 or more	2/unit	Subject to site plan review
Managed living facility
	Health related	2/bed	1/10,000 sq. ft.
	Hotel, motel type use	1.5/room	1/10,000 sq. ft.
Assembly
	Fixed seating open floor plan:	1/3 seats	0
	Flexible seating	10/1,000 sq. ft.	0
Office client-based
	Less than 4,000 sq. ft.	5/1,000 sq. ft.	0
	4,000 to 15,000 sq. ft.	4/1,000 sq. ft.	0
	Greater than 15,000 sq. ft.	4/1,000 sq. ft.	1/30,000 sq. ft.
Office, non-client-based
	Less than 4,000 sq. ft.	4/1,000 sq. ft.	0
	4,000 to 15,000 sq. ft.	3/1,000 sq. ft.	0
	Greater than 15,000 sq. ft.	2/1,000 sq. ft/50,000 sq. ft.
Medical office, client-based
	Less than 4,000 sq. ft.	4/1,000 sq. ft.
	4,000 to 15,000 sq. ft.	6/1,000 sq. ft.	1
	Greater than 15,000 sq. ft.	7.5/1,000 sq. ft.	1/15,000 sq. ft.
Medical office, non-client-based
	Less than 4,000 sq. ft.	4/1,000 sq. ft.	0
	4,000 to 15,000 sq. ft.	3/1,000 sq. ft.	0
	Greater than 15,000 sq. ft.	2/1,000 sq. ft.	1/50,000 sq. ft.
Retail service site
	Less than 15,000 sq. ft.	6/1,000 sq. ft.	0
	15,000 to 30,000 sq. ft.	5/1,000 sq. ft.	0
	Greater than 30,000 sq. ft.	4/1,000 sq. ft.	1/50,000 sq. ft.
Restaurant/entertainment site
	Fixed seating: package food	15/1,000 sq. ft.	1/30,000 sq. ft.
	Fixed seating: family dining	25/1,000 sq. ft.	1/30,000 sq. ft.
	Open floor plan: flexible seating	35/1,000 sq. ft.	1/30,000 sq. ft.
Production site (manufacturing)		4/1,000 sq. ft.	1/30,000 sq. ft.
Storage site (warehousing)		0.5/1,000 sq. ft.	1/50,000 sq. ft.
Vehicular service site (see separate requirements for vehicle queuing, storage and display)
	Entire site	5/acre	0
	Incidental retail space (add parking)	6/1,000 sq. ft.	0
Open-space-related
	Active area	10/acre	0
	Passive area	2/acre	0
Community support site
	Unstaffed site	1/lot	0
	Staffed site	Subject to site plan review by Planning Board
Mixed uses		Cumulative total of required parking for each primary use based on above schedule

§ 230-22 Signs.

[Amended 4-7-2008 by L.L. No. 4-2008]

Intent. The purpose of this section is to define, promote, and regulate signs that identify a business, service, or product in a manner that provides for or promotes public safety and that are compatible with and enhance their existing and planned surroundings. The appearance, character and quality of a community are affected by the location, size, construction and graphic design of its signs. Therefore, such signs should convey their messages clearly and simply, and should be aesthetically designed in a manner that is compatible with their existing and planned surroundings.

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

ADVERTISING SIGN

A sign, including those which are composed of light rays only, calculated to attract public attention to a product, service or undertaking encompassing activities off the property where such signs are situated, including what are commonly termed "posters" or "symbols," and similar devices of whatever composition, size, location or color.

A-FRAME SIGN

A temporary sign that remains moveable and self-supporting, placed directly on the ground surface with two sides connected or hinged at the top. Each side is capable of displaying sign text.

ANIMATED SIGN

Any portion of a sign or attachments to a sign that move by electronic, mechanical or natural means, including, by way of illustration and not limitation, rotating signs, wind signs and signs where movement is simulated by illumination devices, such as from flashing and intermittent light, as opposed to light of a constant intensity. (See also "electronic message board sign" and "electronic display screen.")

AWNING SIGN

A major sign painted on, attached to or incorporated into the surface materials of an awning on the front face (side parallel to building facade) or the projecting awning sides. It may include multiple sign text areas within the allowable sign area.

BANNER SIGN

A temporary sign hung either with or without frames, possessing written communication applied to nonrigid paper, plastic or fabric of any kind.

BILLBOARD

A sign constructed or installed as a principal structure or principal or secondary land use of a lot to display information unrelated to the site location.

A sign identifying the street number and/or name of a structure.

BUSINESS SIGN

A sign identifying and directing attention to a business offering a commodity, service, industry or other activity which is sold, offered or conducted. Such sign is to be located, pursuant to this Code, directly on or at the business location, within the property boundaries or within the leased area for multiple occupants. See "freestanding," "marquee," "projecting," "roof" and "wall signs," as defined by this Code.

CANOPY SIGN

A major sign painted on, attached to or incorporated into the surface materials of a canopy on the front face (side parallel to building facade) or on the projecting canopy sides. It may include multiple sign text areas within the allowable sign area.

COMMUNITY/PERSONAL EVENT SIGN

A temporary sign announcing an activity or event on a specific date and location; examples include garage sale, rummage sale, and fund-raiser.

CONTRACTOR SIGN (RESIDENTIAL, COMMERCIAL, NONRESIDENTIAL)

A temporary sign displaying the names and contact information about businesses responsible for design and construction-related work performed on the lot.

DIRECTORY SIGN

A minor sign displaying a list of occupants or tenants of a building or lot commonly with some location (building or room number) and/or graphic directional information. This sign type is distinct from a major sign depicting multiple messages within the allowed sign area.

DISSOLVE

A mode of message transition on electronic message signs accompanied by varying the light intensity or pattern, where the first message gradually appears to dissipate and lose legibility simultaneously with the gradual appearance and legibility of the second message.

[Added 4-18-2016 by L.L. No. 2-2016]

ELECTRONIC DISPLAY SCREEN

A device designed to display changeable text or imagery on a video screen or comparable surface, installed within a permanent sign structure occupying a portion of or the entire allotment of sign area as allowed in this Code.

ELECTRONIC MESSAGE SIGN

Any sign or portion of a sign that uses an electronic display screen or changing lights to form a message or messages in text, symbols or figures form, wherein the sequence of messages and the rate of change is electronically or mechanically programmed and can be changed by electronic or mechanical processes, by remote or automatic means.

[Amended 4-18-2016 by L.L. No. 2-2016]

FADE

A mode of message transition on electronic message signs accompanied by varying the light intensity, where the first message gradually reduces intensity to the point of not being legible and the subsequent message gradually increases intensity to the point of legibility.

[Added 4-18-2016 by L.L. No. 2-2016]

FREESTANDING SIGN

A major sign within its own structure located directly on the ground with its own foundation or structural support; and includes monument, pole and pylon signs. It may include multiple sign text areas within the allowable sign area.

GRAND OPENING SIGN

An exterior wall sign, banner, or freestanding sign intended for display for a limited period of time to advertise the opening of a new business for which a certificate of occupancy permit has been issued.

[Added 10-6-2008 by L.L. No. 7-2008]

HOME OCCUPATION SIGN

See "business sign"; a sign used for the business use on a residential property.

INFORMATION SIGN

A minor sign which contains information intended exclusively as a public service and of a noncommercial nature indicating such facilities as rest rooms, public telephones, bus stops, rest areas and on-site building identification signs.

LANDSCAPING SIGN

A minor sign located on a section of ground constructed by the arrangement of flowers, shrubs, trees or other similar natural elements.

MARQUEE SIGN

A major sign painted on, attached to or incorporated into the surface materials of a marquee on the front face (side parallel to building facade) or on the projecting marquee sides. It may include multiple sign text areas within the allowable sign area.

MENU BOARD SIGN

A minor sign for the point-of-purchase advertising display that allows the retailer to list products and prices, including order confirmation display.

MONUMENT SIGN

A style of freestanding sign constructed as a solid structure or one which gives the appearance of a continuous, nonhollow, unbroken mass that may display one side or two parallel sides of sign area; may also be called "pedestal sign."

NEIGHBORHOOD IDENTIFICATION SIGN

A sign identifying a neighborhood, residential tract, multifamily development, apartment complex or similar neighborhood identification. See "freestanding sign."

NONCONFORMING SIGN

Signs legally established which do not conform to the regulations herein.

NOW HIRING SIGN

A sign soliciting employees for the place of business where posted and that does not contain any information other than that relating to the solicitation of employees.

[Added 12-5-2011 by L.L. No. 3-2011]

OFFICIAL SIGN

A sign established pursuant to governmental authority or used for the identification of public buildings, facilities and activities, and shall include traffic regulation devices authorized by the Vehicle and Traffic Law of the State of New York and any other sign authorized and required under local, state or federal law.

OFF-PREMISES SIGN

A sign unrelated to the property upon which it is located. (See also "billboard.")

OPEN HOUSE SIGN, RESIDENTIAL

A temporary sign announcing the availability of a residence to be visited and examined by the public in order to promote a real estate sale.

POLE SIGN

A style of freestanding sign, usually double-faced, mounted on a pole(s), tube(s) or other vertical supports that are installed directly within the ground and has no other connection or means of stability for secondary support. See "freestanding sign."

POLITICAL SIGN

A temporary sign installed in the ground or attached to a building relating to the election of a person to a public office, or relating to a political party, or relating to a matter to be voted upon at an election called by a public body.

POLITICAL SUBDIVISION AND CIVIC SIGN

A minor sign; includes flag or pennant containing the insignia or emblem of a political subdivision, nonprofit civic-oriented organization or fraternal order.

PRIVATE TRAFFIC SIGN

A minor sign situated within private property providing information for traffic movement and storage, such as directional signs, parking areas, freight and loading areas, prohibited parking areas, points of ingress and egress, speed limits and related items, but expressly excluding off-street parking lot or garage identification signs.

PROJECTING SIGN

A major sign which is affixed and is perpendicular to any building wall or structure and extends beyond the building wall or parts thereof, and no portion of which projects above the roofline or parapet of a building. It may include multiple sign text areas within the allowable sign area.

PUBLIC SAFETY SIGN

A minor sign containing information designed for the protection and safety of the occupants or users of a site or the public about aspects of the lot. Examples are warnings of danger areas, trespassing notices, work areas, utility warnings, street elevators, sentry dogs, security systems, safety warning devices and similar notices.

PYLON SIGN

A style of freestanding sign in which the entire bottom of the sign is generally in contact with or in close proximity to the ground. See "freestanding sign."

REAL ESTATE SIGN (RESIDENTIAL, COMMERCIAL, NONRESIDENTIAL)

A temporary sign indicating a specific lot or property is for sale, rent or lease.

REPRESENTATIONAL SIGN

A three-dimensional sign built so as to physically represent the object advertised.

ROOF SIGN

A major sign placed partially or entirely above the upper edge of any building wall or parapet or a sign painted, installed or incorporated into the surface material of the roof covering; roof signs shall also include signs located on the side or roof of a penthouse, roof tank, roof shed, elevator housing or other roof structure. It may include multiple sign text areas within the allowable sign area.

SANDWICH BOARD SIGN

See "A-frame sign."

SIGN

An accessory structure that is a natural object or part thereof, device, or inscription, which is represented on any land or the outside of any building used to attract attention to any object, product, place, activity, person, institution, organization or business, or which shall display or include any letter, words, numerals, emblems, symbols, models, banners, flags, pennants, insignia, trademarks, devices or representations used as, or which is in the nature of, an announcement, direction, advertisement, attention-arrester, warning or designation of any person, firm, group, organization, place, commodity, product, service, business, profession, enterprise, industry or public performance.

All signs in this Code have been organized within the following groups or categories in order to administer these sign regulations in an effective and balanced manner while recognizing the similarities and differences of sign structural type and general function.

MAJOR SIGNSPermanent structures or modifications to a structure or lot to direct information to the general public about the land use(s) of the lot. [See Subsection C(1)(a).]

MINOR SIGNSPermanent structures or modifications to a structure or lot to facilitate movement or activity within a lot.

SIGN LETTERS AND DECORATIONS

TEMPORARY SIGNSNonpermanent signs allowed for limited duration; direct information to the general public.

SIGN AREA

The entire area within a single continuous perimeter enclosing the extreme limits or writing, representation, emblem, or any figure of similar character, as included in the definition of "sign," together with any frame or material or color forming an integral part of the display used to differentiate such sign from the background against which it is placed. Sign area calculation excludes the necessary supports or uprights on which such sign is situated. See also § 230-22E(3).

SIGN COPY CHANGES

Change of copy on a sign, the customary use of which involves frequent and periodic changes of copy such as those customarily associated with theater marquees and bulletin boards.

SIGN DISPLAY SURFACE

The surface made available by the structure, either for the direct mounting of letters and decoration or for the mounting of facing material intended to carry the entire advertising message.

SIGN FACING

The surface of the sign upon, against or through which the message of the sign is exhibited.

SIGN HEIGHT

The vertical distance from the uppermost point of a sign (measured from a ten-foot radius of the sign structure or structural trim) to the average unaltered ground height beneath the sign and within the structure thereof.

The letters, illustrations, symbols, figures, insignia, and other devices employed to express and illustrate the message of the sign.

SIGN MAINTENANCE

Routine maintenance, including minor repairs, such as repainting, bulb replacement and repair of electrical or mechanical parts.

SIGN STRUCTURAL TRIM

The molding, battens, cappings, nailing strips, latticing, and platforms which are attached to the sign structure.

SIGN STRUCTURE

The supports, uprights, bracing and framework of the sign.

SITE

For the purpose of electronic message signs, a "site" is defined as a parcel of land wholly owned by an individual, partnership, corporation or other legal entity encompassing the legal boundaries of that parcel and shall also include any outparcels, even if such outparcels were formed subsequent to the original approval.

[Added 4-18-2016 by L.L. No. 2-2016]

SITE DEVELOPMENT SIGN

See "contractor sign."

STATUARY SIGN

An inscription commemorating an event of unique historical, social, cultural or geographical significance.

TEMPORARY SIGN

A sign installed and maintained pursuant to this Code, that may be constructed of nonpermanent or disposable material, such as cloth, plastic, paper, wood or similar products and which is intended to inform of a time-sensitive event. Notwithstanding the materials, temporary signs are subject to the time, location and maintenance requirements of this Code.

TIME AND/OR TEMPERATURE DEVICE

A device providing information of the current time and/or meteorological conditions.

VEHICULAR SIGN

A motor vehicle covered or decorated, modified to display a sign as defined in this section.

WALL SIGN

A major sign which is painted upon or directly attached and parallel to an exterior wall of a building. It may include multiple sign text areas within the allowable sign area.

WINDOW DISPLAY SIGN

A sign situated beyond 12 inches of the interior of a window face and forming an integral part of a window display.

WINDOW SIGN

A sign situated on the glazed surface of a window, not forming an integral part of a window display.

Sign standards and requirements. All signs are regulated by one of the following three categories: major, minor and temporary signs. In addition, all signs are subject to the general standards and procedures described following this section.

Major sign standards. See Table A for specific sign requirements.[1]

Generally. Major signs are permanent, substantial yet accessory structures designed, sized and located to present information to the general public about the business or operation of the principal land use located on the property.

The types of signs considered to be major signs are included in the accompanying table.[2]

Editor's Note: Said table is Table A, which is included at the end of this chapter.

Table A requirements are premised and intended to be a balance between maximizing commercial/property needs of the lot with community objectives of preserving safety of vehicular and pedestrian movements, minimizing visual clutter, and encouraging well-conceived community design and aesthetics.

The sign requirements apply to all land uses and structures allowed in each zone district; it shall include all zone districts within a district group unless a zone district or exception is specifically listed.

Approval method, numerical and other requirements are subject to Table A requirements.

Special permit uses. The Planning Board shall issue a special permit for the use of an electronic message sign prior to the issuance of any building permits.

[Added 4-18-2016 by L.L. No. 2-2016]

Electronic message sign.

Specific requirements:

Permitted zones or uses. Electronic message signs shall be permitted only in the RC-1, HC-1, LuC-1, LuC-2 and REC-1 Zoning Districts as shown on the Town's Zoning Map and for use by emergency vehicle stations, religious institutions, and Community Center as defined in the Zoning Code.

[Amended 1-4-2017 by L.L. No. 1-2017; 4-15-2019 by L.L. No. 1-2019; 6-20-2023 by L.L. No. 1-2023]

Only one electronic message sign per site allowed.

Electronic message signs are accessory structures, allowed only as freestanding signs and not as wall, projecting, roof, awning, marquee or canopy signs.

[iv]

Minimum hold time of any message shall be 10 seconds.

[v]

No audio or sound-producing devices shall be installed on any message board.

[vi]

Electronic message signs shall have static display with "fade" or "dissolve" transitions, or similar subtle transitions and frame effects that do not have the appearance of moving text or images, but which may otherwise not have movement, or the appearance of optical illusion of movement, of any part of the sign structure, design, or pictorial segment of the sign, including the movement of any illumination or the flashing, scintillating or varying of light intensity.

[vii]

All electronic message signs shall have automatic dimming controls, either by photocell (hardwired) or via software settings, in order to bring the electronic message sign lighting level at night into compliance with Chapter 140 of the Town Code.

[viii]

Full animation, flashing and video are prohibited.

Editor's Note: Table A is included at the end of this chapter.

Minor sign standards.

Generally. Minor signs are permanent accessory structures designed, sized and located to present limited information to the users, visitors, or occupants within a lot. Such signs shall be installed for limited navigation and safety, directory or other purposes related to the internal operation on the property and are regulated pursuant to the following requirements. These requirements shall be applied to promote the safe and effective use of the property in manner and design that enhances the appearance of the lot and surrounding properties.

Approval method. All minor signs shall be subject to approval during the review required for the principal use or structure and shall be within the jurisdiction of the applicable reviewing board (Town Board, Planning Board, Zoning Board of Appeals). These boards may as a condition of approval direct the Commissioner of Planning and Development to finalize and adjust details of design and location of all minor signs within the parameters of the approved plan.

Types of minor signs. The following are recognized as minor signs subject to this section: private traffic, public safety, information, directory, menu and statuary signs.

The size of minor signs should not exceed four square feet and may be adjusted by the reviewing board for enhancing sign purpose, the site conditions, and/or the activity of the internal user (driver or pedestrian, customer, visitor or employee).

Number of minor signs: minimal number to accomplish sign purpose, the site conditions and activity of the internal user.

Location of minor signs: located to maximize the internal operation of the lot and away from the public or private right-of-way and from adjoining properties.

Temporary sign standards.

Generally. Temporary signs are nonpermanent accessory structures designed and installed to present time-limited information to the public that may be of a commercial or noncommercial nature. The following requirements have been established to allow for the broadest opportunities for expression while preserving public safety and the aesthetic qualities of community appearance.

Contact information. All temporary signs shall have local contact information, either printed on or attached to some portion of the sign itself, or, as an alternative, the placement of temporary signs shall be recorded with the Commissioner of Planning and Development. This local contact shall be the person, agency or enterprise responsible for proper installation, care and the prompt removal of temporary signs. Signs lacking printed contact information or the alternative of recording with the Commissioner may be removed by the Town.

Approval method. No prior approval is required for signs less than 16 square feet. Signs greater than 16 square feet shall be reviewed by the Commissioner of Planning and Development to ensure that the proposed location does not impede pedestrian or vehicular movements, is fully and adequately secured to the ground or structure and meets all applicable safety standards.

Location of temporary signs. No temporary sign shall be placed within any public right-of-way (ROW). All temporary signs shall be located within the boundaries of a private lot upon permission of the property owner if located on a lot unrelated to event. See also general prohibitions and requirements for corner lots.[3]

Editor's Note: See Subsection E(2)(h).

Installation, maintenance and removal of temporary signs. All temporary signs shall be installed in a manner consistent with these regulations. Any damaged, dislodged or deteriorated temporary sign shall be immediately removed. Temporary signs shall be removed within the time period allotted for each type of temporary sign.

Types of temporary signs.

Long-duration temporary signs include signs related to real estate and construction activity on a specific property displayed during the sales or construction period.

Commercial/nonresidential use real estate sales sign. A maximum of three signs per lot shall be permitted. No sign shall exceed 16 square feet in area on frontages of 100 feet or less. Signs on frontages greater than 100 feet shall not exceed 32 square feet. On corner properties, if either frontage does not exceed 200 feet, only one such sign shall be allowed on the lot. If the lot exceeds 200 feet in frontage in both directions one sign shall be allowed on each road frontage of the lot. These signs shall be removed from the sales lot within 48 hours of the passing of title to a new owner or withdrawal from the market.

Residential real estate sales sign. A maximum of one sign per lot shall be permitted. The sign shall not exceed four square feet in area, and it shall be removed from the sales property within 48 hours of the passing of title to a new owner or withdrawal from the market.

Commercial/nonresidential contractor sign. A maximum of one sign per street frontage shall be permitted. The sign shall not exceed 32 square feet in area. In residential subdivisions, the sign may be placed at the inception of the filed section of the project and may only be located at major entrances to the subdivision and be maintained within a period commencing not more than 14 days prior to the start of construction of the section and terminating not more than 14 days following completion of the filed section or after three years after the start of construction.

Residential contractor sign. A maximum of one sign per lot shall be permitted. The sign shall not exceed four square feet in area. The sign shall be removed within 48 hours of completion or cessation of work on the lot.

Short-duration temporary signs include signs related to the occurrence of a specific event or related to a date-certain activity.

Residential open house real estate sign. A maximum of three signs per event are permitted only during the hours of the sales event. No sign shall exceed four square feet in area. The signs may be located on any property with prior permission of the owner or tenant.

Community/personal event sign. These signs may be installed a maximum of three times per year for a maximum of 14 days prior to the each event and shall be removed within 48 hours of conclusion of the event. No sign shall exceed four square feet in area. One sign per lot may be located on any property with prior permission of the owner or tenant.

Political sign. These signs may be installed a maximum of two times per year for a maximum of 60 days prior to each event and shall be removed within 48 hours of the conclusion of the event. No sign shall exceed 32 square feet in area in any zone district and in the Residential Districts no sign shall exceed six square feet in area. These signs may be located on any property with prior permission of the owner.

Grand opening. These signs may be installed for a maximum of four weeks, either prior to, during, or after the event. No sign shall exceed 32 square feet in area in any zone district.

[Added 10-6-2008 by L.L. No. 7-2008]

Now hiring sign. These signs may be installed for a maximum of 60 days. No sign shall exceed 32 square feet.

[Added 12-5-2011 by L.L. No. 3-2011]

Procedures for obtaining a sign approval.

Generally. Unless exempted by this section or waived by the reviewing board all signs shall be evaluated during site plan review or special permit review when required by this Zoning Chapter for the principal use or structure. When no other review is required for the principal use or structure, the Planning Board shall review proposed signs pursuant to the requirements of Table A. All major and minor signs shall be subject to a building permit prior to the performance of any sign work. Such permits shall be issued by the Commissioner of Planning and Development in accordance with the conditions of the reviewing board approval.

Referrals. The Town Board and Zoning Board of Appeals shall refer to the Planning Board all proposals that are accompanied by freestanding sign requests in a special permit or variance applications before those boards.

Exceptions.

No sign permit shall be required for the following:

Temporary signs less than 16 square feet.

The foregoing exceptions shall not be deemed to waive any regulations contained in this chapter or any other law which is otherwise applicable.

Prerequisites to issuance of approval or permits. As a prerequisite to the issuance of any permit, in addition to any other restrictions applicable thereto, the following findings shall be made:

The proposed sign is not in conflict with the general prohibitions contained in Subsection E of this section, the provisions of which may not be waived, and complies with all other applicable provisions.

The proposed sign will not have any adverse impact upon the character or integrity of any land use having unique cultural, historical, geographical, architectural or other significance.

Construction and design standards.

Design standards. The following design standards are provided to encourage and direct appropriate and compatible graphic design, material, colors, illumination and placement of proposed signs. In general, sign design shall be consistent with the purpose and intent of this chapter.

Signs should be designed to be compatible with their existing and planned surroundings and should be consistent with the architectural character of the buildings on which they are located.

Sign panels and graphics should relate to and not obstruct architectural features or details and should be in proportion to them.

Layout should be orderly and graphics concise.

Illumination should be appropriate to the character of the sign and its surroundings and shall be in accordance with § 230-22E(2)(g) of this chapter.

All illuminated signs shall meet Underwriters Laboratories (UL) rating standards.

The addition of a street address on freestanding signs shall be required unless otherwise determined by the Planning Board.

General prohibitions and requirements. The following regulations shall be applicable to all signs, except official signs, as defined in Subsection B, are exempt from the provisions of this section.

Signs are accessory structures. Only signs that are accessory structures as defined in this Code shall be permitted pursuant to the requirements of this section. No sign shall be installed or used as a principal structure or principal or secondary use. Unless otherwise permitted, no sign shall be unrelated to the property upon which it is located.

Maintenance, care and public safety. No sign shall be maintained that, due to its condition, location, materials or method of installation, poses a risk of littering or public safety, as determined by the Commissioner of Planning and Development.

Obstructions. No sign shall obstruct by physical or visual means any fire escape, window, door or any opening providing ingress or egress or designed for fire or safety equipment; any passageway from one part of a structure or roof to another portions thereof; or any opening required for ventilation, or which is required to remain unobstructed by any applicable law.

Projections.

No sign shall project into a vehicular driveway at an elevation less than 14 feet above grade.

No sign shall project into an area designed as a pedestrianway at an elevation less than 10 feet above grade.

Placement. No sign shall be placed upon or attached to any public right-of-way, utility pole, lamppost, water or fire hydrant, sidewalk, bridge, tree or similar installation or improvement, whether situated upon public or private property.

Signs which by their use or simulation of colors, design or placement, tend to confuse, detract from or in any manner obstruct the utilization of traffic regulatory devices are prohibited. All determinations of this type shall be made by the enforcement officer, who shall consider, but not be limited to, the following aspects of such signs:

The use of words such as "stop," "go," "look," "caution," "danger," "warning" and similar nomenclature.

The use of colors and lights in the spectrum of colors utilized for traffic regulatory devices.

All blinking, intermittent, flashing, or other animated forms of illumination or light, and all sources of illumination which, through direct or indirect means, create glare.

Illumination. No sign shall produce illumination in excess of one footcandle at a distance of four feet.

Corner visibility. On a corner lot within the areas formed by right-of-way lines of intersecting streets and a line joining points on such right-of-way lines at a distance of 25 feet from their intersection, no sign shall project into the elevation between a height of 2 1/2 feet and a height of 10 feet above the grade of each street at the centerline thereof.

Vehicular signs; signs on motor vehicles.

All commercial vehicles related to a business or enterprise shall be stored or parked in locations approved during site plan review, special permit or variance approval.

No person shall park any vehicle or trailer on a public right-of-way/public property/private property so as to be intended to be viewed from a vehicular public right-of-way, which has for its basic purpose the providing of advertisement of products/services or directing people to a business or activity located on the same property or any other premises, and in a manner such that the motor vehicle functions as a sign.

This section is not intended to prohibit any form of vehicular signage, such as a sign attached to a bus or lettered on a motor vehicle or signs that are part of a vehicle, such as a construction trailer, whose primary purpose is not advertising to the public.

Prohibited signs. The Town having considered and observed its overall community objectives, its physical and administrative resources, the visual and physical character of the community, the variety of communication opportunities for lots and land uses, and the negative visual, aesthetic and physical impact of certain types of signs declare that the following are prohibited types of signs:

Billboard.

Electronic message board sign.

Computation of sign area.

The area of the sign support should be in relationship to the area of overall dimension of the signage with approval of the reviewing board.

The area of a sign is the entire area within a single continuous perimeter enclosing the extreme limits of writing, representation, emblem, or any figure of similar character, as included in the definition of sign, together with any frame or material or color forming an integral part of the display used to differentiate such sign from the background against which it is placed, excluding the necessary supports or uprights on which such sign is situated.

When a wall sign consists of individual letters, symbols or characters, its area shall be computed as the area of the smallest rectangle, which encloses all of the letters, symbols and characters.

When a sign consists of two or more faces, only one face of the sign shall be used in computing the sign area if the faces are parallel to and within 12 inches of each other. Otherwise, all faces of the sign shall be used to compute the sign area.

The allowed area of a three-dimensional representational sign shall be determined by the Town of Clay Planning Board.

Sign maintenance. The Commissioner shall order the removal of any sign (major, minor or temporary) that is not kept in good repair and a proper state of preservation. In making such determination, the Commissioner shall consider, but need not be limited to, the following elements: defective lighting; broken, loose or missing parts; fading, flaking or blistering paint; illegibility; or any condition which may constitute a littering or safety hazard.

Signs for lots with nonconforming use, lot or structure. Signs for properties that may be nonconforming lots or have a nonconforming use or structure shall be subject to a special permit from the Planning Board. Any proposed sign shall conform to the sign standards currently applicable to the property based on its zoning classification. In reviewing a sign proposal the Planning Board may consider the nature of the nonconformities as well the nature of the current zoning and surrounding land development pattern. It may modify, but not exceed, the current sign standards to have any proposed sign fit compatibly within the site.

Nonconforming signs. Intent: This section is intended to encourage the eventual elimination of signs which do not comply with § 230-22, Signs, of the Town of Clay Zoning Chapter. The elimination of nonconforming signs is important to the intent as stated in § 230-22A.

Any sign which on April 7, 2008, the date of adoption of this subsection, does not conform to the provisions of this chapter shall be considered a legal nonconforming sign and shall be permitted, provided that when originally installed, it was in compliance with all applicable codes, ordinances, and regulations which were in effect.

Sign faces may be changed on nonconforming signs when there is no change to the primary use of the site or when only a portion of a multiple-tenant sign is being changed.

If a business leaves its premises, the owner of the property/building shall be responsible for the removal of any business sign from said premises within 60 days.

A nonconforming sign may be continued and shall be maintained in good condition as required by this chapter but it shall not be:

Structurally changed to another nonconforming sign.

Structurally altered to prolong the life of the sign, except to meet safety requirements.

Altered in any manner that increases the degree of nonconformity.

All nonconforming signs shall be terminated or brought into compliance by December 31, 2018.

Abandoned signs.

Determination. The Commissioner shall order the removal of any sign which has become abandoned. In making such determination, the Commissioner shall consider, but need not to be limited to, the following elements:

Period of nonuse of the activity, product, service or other item relative to the message content of the sign, provided that where business activity has been discontinued for a period of 90 days, the sign shall be presumed to have become abandoned, unless the owners, beneficial user, or other party in interest files a written certification with the enforcement officer indicating that such business activity (including its appurtenances) is to be reactivated within 30 days following such ninety-day period.

The sign is situated upon or incidental to a site which has been scheduled for demolition and it appears that the activity, product, service or other item relative is no longer viable irrespective of the lapse of time.

The sign is otherwise nonconforming or illegal, and the owner or beneficial user cannot with reasonable diligence be located.

Removal of signs. Any abandoned or illegal sign existing after December 31, 2008, shall be removed by the owner of the premises upon which such sign is located after written notice as provided herein. Upon removal of any wall sign (including signs painted on walls), the surface area of the facade shall, within 30 days of removal, be restored to a condition substantially equivalent to the remaining portion of the facade in appearance. The enforcement officer, upon determining that any such sign exists, shall, upon expiration of the continuance period or such other time limit which may be provided for, notify the owner or beneficial user of such sign, in writing, to remove the sign within 30 days from the date of such notice. Upon failure to comply with such notice within the prescribed time, the enforcement officer shall remove or cause removal of such sign and shall assess all costs and expenses incurred in the removal against the property on which such sign is located.

Penalties for offenses. See § 230-9.

§ 230-23 Nonconformities.

This section describes procedures and standards for how preexisting standards are reconciled with the current code. Any legally established principal or accessory use, structure, improvement or lot not in compliance with the provisions of this code or subsequent amendments shall be regarded as a nonconforming element subject to the provisions of this section. It is the intent of this section to discourage the long-term continuation of any nonconforming elements. This section is also intended to allow for the reasonable and limited continuation and modification of nonconforming elements since it is not always feasible for nonconforming elements to immediately cease existing.

Authority. Any modification of a nonconformity, including any addition, enlargement, alteration, structural alteration or change in use shall be subject to the provisions of this section.

Definitions.

NONCONFORMING ELEMENT

Any other aspect of a development, such as parking, signs or similar standards that were legally preexisting to the current code requirements.

NONCONFORMING LOT

A parcel of land legally established pursuant to the Town's subdivision regulations, but does not meet the current dimensional requirements for lot width, depth or area, if any, of the applicable zone district regulations.

NONCONFORMING STRUCTURE

A legally preexisting principal or accessory structure that does not comply with applicable yard, setback, height, lot coverage or similar dimensional requirements.

NONCONFORMING USE

A legally preexisting activity or land use occurring on or associated with a structure or site and is not permitted by building or zoning permit, site plan review or a special permit approval in the applicable zone district. A nonconforming use may be found to occur in conforming structures. A nonconforming use must be discontinued before the property can be used for a conforming use.

[Amended 6-5-2006 by L.L. No. 5-2006]

NONCOMPLYING

Any use, structure, lot or other element improperly established or illegally existing prior to the enactment of this code or subsequent amendments.

Nonconforming structure requirements.

General maintenance and repair. Except as otherwise provided for in this section, nonconforming structures may continue to exist and to be maintained and repaired, provided such maintenance or repair does not expand or increase the applicable nonconformity.

Structural alterations, renovations and additions. Modifications to a nonconforming structure may be made upon issuance of a building permit. In no event shall these modifications increase or expand the degree of the structure's nonconformity, nor expand a nonconforming use without a properly issued variance from the Zoning Board of Appeals.

Damaged structures. Should a nonconforming structure or a nonconforming portion of a structure be destroyed by any means to an extent of more than 75% of its replacement cost at time of destruction, it shall not be reconstructed except to the exact or more conforming dimensions as it existed on the date of destruction. This reconstruction shall be commenced and completed with due diligence. If, however, a place of residence of a citizen of the Town of Clay is destroyed by accidental fire, hurricane, tornado or other act of God, said homeowner may rebuild the residence to the original type and size of structure or may rebuild or replace it with a superior type of construction.

Nonconforming use requirements.

Except as otherwise provided in this section, nonconforming uses may continue to exist.

A nonconforming use may not be enlarged to occupy additional floor area within an existing structure or additional lot space, nor be converted to another use, except in conformance with this code. Any such proposed modification or enlargement of a nonconforming use shall be subject to approval of a use variance from the Zoning Board of Appeals.

A nonconforming use may be changed to another nonconforming use only upon issuance of a special permit by the Zoning Board of Appeals. The Board shall evaluate the appropriateness of the proposed nonconforming use to the zone district and shall find that it will not have a greater impact on surrounding properties than the existing nonconforming use. In its determination, the Zoning Board of Appeals may consider parking demand, pedestrian and traffic volume, intensity of use, hours of activity, noise levels and any other factors considered relevant.

A nonconforming use, if changed to a conforming use, shall not thereafter be changed back to a nonconforming use.

The provisions of § 230-23C(3) above, regarding repair and restoration of damaged structures, shall apply to conforming structures containing a nonconforming use.

Any previously established permitted use now subject to the site plan review or special permit requirements of this code shall be regarded as nonconforming if it does not comply with the current site plan review or special permit standards and criteria.

The nonconforming use of a structure or land which has ceased operation for six months shall be deemed abandoned and may not be reestablished. The six-month period will commence upon written notification by the Commissioner to the property owner. During this six-month period, the owner may request a time extension from the Zoning Board of Appeals in order to continue the nonconforming status. The Zoning Board of Appeals may extend the six-month period with a maximum additional 24 months upon finding that the nonconforming use occupies a structure uniquely designed to its use or that the additional needed time is reasonable and appropriate for the circumstances of the property. If the original or extended period has expired without an approved continuation of the nonconforming status, then the structure or land shall be used in conformity with this code.

An owner of a single-family dwelling erected prior to the effective date of this resolution[1] shall be permitted to enlarge or structurally alter such dwelling to provide additional enclosed space for living or garage purposes, provided, however, no front, side or rear yard encroachment shall be further expanded.

[Added 12-16-2019 by L.L. No. 2-2020]

Editor's Note: "This resolution" refers to L.L. No. 2-2020, adopted 12-16-2019.

Nonconforming lot requirements.

Lots established without Town subdivision approval are considered legal if they were filed and recorded in the Office of the Onondaga County Clerk prior to January 1, 1985, and conformed to the zoning requirements in effect at the time of filing.