No accessory building ordinarily may be erected on a vacant
lot. However, accessory buildings as stand-alone structures may be
permitted, upon issuance of a special use permit and only in the Residential/Agricultural
(RA), Conservation Agricultural (CA), and Conservation/Agricultural/Mobile
Home Park (CAMP) Districts, subject to the following requirements:
A.
The use of a stand-alone accessory building must be located on a
lot of at least four acres.
B.
Notwithstanding any other provisions of the Town of Busti Zoning
Law, front, side, and rear yard setbacks of the stand-alone accessory
building shall be determined by the Town Board based upon site specific
considerations and as part of the issuance of a special use permit.
C.
The stand-alone accessory building shall be of a size and design
commensurate with the lot on which it is placed and with the surrounding
neighborhood. In no case shall a stand-alone accessory building exceed
4,000 square feet in size. There shall be no more than one stand-alone
accessory building per lot.
D.
The structure must be demonstrated to have a tangible nexus and purpose
related to the land itself. The stand-alone accessory building may
not be used for commercial purposes. Typical allowable uses are as
storage for personal tools and recreational vehicles used on the property,
a gardening shed, a sugar house or similar low-impact, rural use.
E.
No outdoor storage of any type shall occur on the lot.
F.
The use shall not interfere or conflict with the peaceful enjoyment
of neighboring residential uses.
G.
In exercising its approval powers, the Town Board may, upon proper
finding, impose such reasonable conditions relating to screening,
buffering and other mitigative measures incidental to the application
for a special use permit.
H.
Such other materials as the Town Board deems necessary upon which
to determine the impact of such specially permitted use must be submitted.
A private swimming pool may be installed and maintained as an
accessory to a residential use in an RHD, RM, CMR, RA, CA, H, LR,
or LC District and shall at a minimum meet the following requirements
and the requirements of the New York State Building Code:
A.
Any in-ground which is installed shall be completely enclosed by
a security fence not less than four feet in height, with all doors,
gates and ladders shall be equipped with self-closing and self-latching
devices capable of keeping such gates and doors securely closed at
all times when not in actual use.
B.
Such pools shall be equipped with an integral filtration system and
filter pumps or other mechanical devices which shall be so located
and constructed as not to interfere with the peace, comfort, and repose
of the occupant of any adjoining property.
C.
A building permit shall be required for the installation of any private
swimming pool greater than two feet in depth.
D.
All private swimming pools shall be a minimum of 25 feet from all
property lines.
The following regulations shall apply to parcels located adjacent
to Chautauqua Lake. In cases of conflict with other regulations, the
most-stringent shall apply.
A.
Setbacks. No principal structure intended for inhabitation shall be permitted within 50 feet of the shoreline based on high water levels of 1,310.5 feet above mean sea level (MSL). Refer to the general provisions section on established front yards (§ 405-406).
B.
Accessory buildings. An accessory building not utilized for inhabitation
shall be allowed "by right" when set back 50 feet or more from the
shoreline (based on a high water level of 1,310.5 feet above MSL).
Accessory buildings less than 50 feet from the shoreline shall be
allowed by special use permit with consideration given to the following:
C.
Breakwalls. Any modifications of a shoreline shall be in accordance
with NYS Department of Environmental Conservation Regulations.
D.
Fences.
(1)
Any fence established within 50 feet of the shoreline (based on high water level of 1,310.5 feet MSL) shall be by special use permit only. Consideration shall be given to the supplemental § 405-505 on fences and the following:
(2)
Preexisting fences over four feet in height shall be subject
to a special use permit review to determine if a nuisance exists.
If so, the nuisance shall be corrected within a reasonable time period
as determined by the permitting board.
E.
Docks. All docks extending from an LR District shall be utilized
only for noncommercial pleasure uses by the owner of the property
or any person(s) who may have a permanent legal right-of-way over
the property from which the dock extends.
F.
Uses allowed. Any use created on a dock, pier, island, floating vessel
or, in general, on Chautauqua Lake shall be listed as an allowed use
in the district over which access is obtained to the proposed use.
Adequate off-street parking shall be required.
G.
Outdoor storage on parcels adjacent to Chautauqua Lake.
(1)
Purpose. Unique lakeshore properties where development density
is very high should be preserved and upgraded to encourage a high
grade of development for this limited resource.
(2)
Items allowed to be stored outdoors: items traditionally stored
or used outdoors, such as recreational vehicles (boats, ATVs, motor
homes, snowmobiles, etc.).
(3)
Conditions:
(a)
Only lakefront lots less than 15,000 square feet shall be regulated
with respect to outdoor storage of regulated items.
(b)
A maximum of 1% of the lot area shall be utilized for regulated
outdoor storage items.
(c)
All small items or "excess" outdoor items (over 1% limit) shall
be stored indoors in sheds, primary structures, garages, other allowed
enclosures, or off premises.
(d)
Indoor items. Where a nuisance exists due to a large number
of indoor items being stored or kept outside, it shall be required
that the items causing the nuisance be moved indoors.
(e)
Location. Items allowed to be stored outdoors shall be:
H.
Parking. Where commercial parking lots are an allowed use, it shall
be allowed only by special use permit.
I.
Administration. The Code Enforcement Officer shall notify owners
of lakefront properties of obvious violations of this section as he
is made aware of them. The violator shall within a reasonable time
period notify the Code Enforcement Officer of steps to be taken to
come into compliance and shall specify a compliance schedule. If the
violator does not voluntarily comply or respond within a reasonable
time period, the Code Enforcement Officer shall in writing specify
the conditions to be met and advise the violator of his rights to
ask for a variance. Aggrieved parties may also request a meeting with
the Zoning Board of Appeals to ask for an interpretation on compliance
with this section.
A mobile home may be installed, in the CAMP District only, in
accordance with the following conditions and requirements:
A.
Foundation. A mobile home shall be set on a solid permanent foundation
of either poured, block or panel construction.
B.
Exposed foundations. No skirting shall be allowed. All exposed foundation
walls shall be bricked, stoned, painted or covered with an approved
masonry surface.
C.
Snow load. Any approved or permitted mobile home shall be built with
a minimum snow load of 30 pounds per square feet.
A satellite communications device or dish shall in matters relating
to setbacks, side yards and heights be treated as a "building" within
the meaning of this chapter.
A quarry, gravel pit or sand pit may be operated in that portion
of the CAMP District bounded on the south by the Commonwealth of Pennsylvania,
on the west by the Town of Harmony, on the east by Wellman Road, and
on the north by Kortwright Road, upon the granting of a special use
permit by the Zoning Board of Appeals in accordance with the following
conditions and requirements:
A.
Purpose. All quarries shall be regulated by this section, the purpose
being to limit the nuisances associated with quarries and ensure that
adjacent surrounding properties and the physical environment are protected.
B.
Planning Board determinations. The Planning Board shall consider
the following factors when making determinations under § 23-2711(3)
of the Environmental Conservation Law.
(1)
Setbacks. Excavation, stockpiling, blasting or the operation
of power-activated sorting machinery should not be allowed within
350 feet of any public road or property line whenever practical. The
Planning Board shall consider the following items when arriving at
a determination:
(2)
Fencing. Fencing or berm may be necessary for public safety
as determined by the Planning Board. The Planning Board shall consider
the type and height of fence or berm and the areas to be fenced or
bermed. Consideration shall be given to:
(3)
Buffers. As part of the effort to restrict access to the property,
existing trees and ground cover shall be maintained along public road
frontage and property boundaries to the greatest degree possible.
Where open space exists, depending on the type and intensity of the
operation, consideration shall be given to requiring the planting
of appropriate trees or shrubs.
(4)
Dust control. The Planning Board shall consider the following
factors when determining how to best control dust produced by the
operation:
(a)
Blasting/equipment. The use of blasting and/or power-activated
sorting and crushing equipment shall be allowed only after a review
of the following conditions demonstrates that neighbors will not be
adversely affected:
(b)
Locational considerations. The placement of power-activated
sorting machinery, access roads and stockpiling should be only as
close to residential structures on adjacent parcels as necessary.
These activities should be located a minimum distance of 300 feet
or more from residential structures on adjacent parcels whenever practical.
The Planning Board should consider the following items when arriving
at a determination:
(5)
Hours of operation. Quarry operations should be conducted only
during the hours from 7:00 a.m. to 6:00 p.m., Monday through Saturday.
(6)
Minimum lot area. In no event should minimum lot area be less
than five acres.
(7)
Parking. Off-street parking should be provided for each employee's
vehicle plus sufficient loading and waiting space.
C.
Conditions. In considering an application for a special use permit
under this section, the Planning Board shall take into account the
following conditions:
(1)
Public roads. Not more than one entrance and one exit from a
highway or road shall be provided to the area of operation. Such entrance
shall be subject to the approval of the Superintendent of Highways
having jurisdiction and shall be located as to avoid, to the greatest
degree possible, the routing of vehicles to and from the operation
over streets and roads that primarily serve residential areas. The
applicant should make every effort to minimize dust, noise and mud
near the entrance and exit. The Planning Board may also limit the
routing of mineral transport vehicles on Town thoroughfares.
(2)
Requirements and enforcement of mined land reclamation permit.
If pursuant to § 23-2711(3) of the Environmental Conservation
Law the Department of Environmental Conservation has placed requirements
on the applicant's mined land reclamation permit, the Planning
Board may make those requirements conditions to the issuance of a
special use permit and may also place conditions on said special use
permit reasonably designed to enforce said requirements, including,
but not limited to, fines for violations thereof.
D.
Reactivation. A special use permit shall be required to reactivate
a "terminated" site. Reactivated sites must be in active production
within six months of the granting of such special use permit. All
conditions in this section shall apply and be complied with.
E.
F.
Preexisting operations. Quarries existing in zoning districts other
than a CAMP District shall be "nonconforming uses" and, there as,
any expansion or enlargement (purchase of additional property or use
of property beyond the scope of permit) of such operations shall be
subject to all regulations in this chapter, within reason, as determined
by the Zoning Board of Appeals.
A.
Purpose and intent. It is the purpose of this section to regulate
sexually oriented businesses, to promote the health, safety, morals,
and general welfare of the citizens of the Town of Busti and to establish
reasonable and uniform regulations to prevent the deleterious location
and concentration of sexually oriented businesses within the Town
of Busti. The provisions of this chapter have neither the purpose
nor effect of imposing a limitation or restriction on the content
of any communicative materials, including sexually oriented materials.
Similarly, it is not the intent nor effect of this chapter to restrict
or deny access by adults to sexually oriented materials protected
by the First Amendment or to deny access by the distributors and exhibitors
of sexually oriented entertainment to their intended market. Neither
is it the intent nor effect of this chapter to condone or legitimize
the distribution of obscene materials.
B.
ADULT ARCADE
ADULT ART FORM
ADULT BOOKSTORE or ADULT VIDEO STORE
(1)
(2)
ADULT CABARET
(1)
(2)
(3)
ADULT MOTEL
(1)
(2)
(3)
ADULT MOTION-PICTURE THEATER
ADULT THEATER
ESCORT
ESCORT AGENCY
ESTABLISHMENT
(1)
(2)
(3)
(4)
NUDE MODEL STUDIO
NUDITY or STATE OF NUDITY
PERMITTEE and/or LICENSEE
PERSON
SEMINUDE
SEXUAL ENCOUNTER CENTER
SEXUALLY ORIENTED BUSINESS
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS
(1)
(2)
(3)
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically, or
mechanically controlled still- or motion-picture machines, projectors
or other image-producing devices are maintained to show images to
five or fewer persons per machine at any one time and where the images
so displayed are distinguished or characterized by depicting or describing
specified sexual activities or specified anatomical areas.
That which stresses technical knowledge and proficiency,
cunning, ingenuity and subtlety in devising, inventing, or executing
acts or displays which are characterized by the depicting of specified
sexual activities, states of nudity or exposure of anatomical areas.
A commercial establishment which, as one of its principal
business purposes, offers for sale or rental for any form of consideration
any one or more of the following:
Books, magazines, periodicals or other printed matter or photographs,
films, motion pictures, videocassettes or video reproductions, slides
or other visual representations which depict or describe specified
sexual activities or specified anatomical areas.
Instruments, devices or paraphernalia which are designed for
use in connection with specified sexual activities. A commercial establishment
may have other principal business purposes that do not involve the
offering for sale or rental of material depicting or describing specified
sexual activities or specified anatomical areas and still be categorized
as "adult bookstore" or "adult video store," so long as one of its
principal business purposes is the offering for sale or rental for
consideration the specified materials which depict or describe specified
sexual activities or specified anatomical areas.
A nightclub, bar, restaurant, or similar commercial establishment
which regularly features:
Persons who appear in a state of nudity;
Live performances which are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or
Films, motion pictures, videocassettes, slides, or other photographic
reproductions which are characterized by the depiction or description
of specified sexual activities or specified anatomical areas.
A hotel, motel, or similar commercial establishment, which:
Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, videocassettes, slides or other photographic reproductions
which are characterized by the depiction or description of specified
sexual activities or specified anatomical areas; and has a sign visible
from the public right-of-way which advertises the availability of
this adult type of photographic reproductions;
Offers a sleeping room for rent for a period of time that is
less than 10 hours; or
Allows a tenant or occupant of a sleeping room to sub-rent the
room for a period of time that is less than 10 hours.
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, slides or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.
A theater, concert hall, auditorium or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of specified anatomical areas or by specified sexual activities.
A person who, for consideration, agrees or offers to act
as a companion, guide or date for another person or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.
A person or business association who or which furnishes,
offers to furnish or advertises to furnish escorts as one of its primary
business purposes for a fee, tip or other consideration.
Includes any of the following:
The opening or commencement of any sexually oriented business
as a new business.
The conversion of an existing business, whether or not a sexually
oriented business, to any sexually oriented business.
The addition of any sexually oriented business to any other
existing sexually oriented business.
The relocation of any sexually oriented business.
Any place where a person who appears in a state of nudity
or displays specified anatomical areas is provided to be observed,
sketched, drawn, painted, sculptured, photographed, or similarly depicted
by other persons who pay money or any form of consideration.
The appearance of a human bare buttocks, anus, male genitals,
female genitals, or full female breasts.
A person in whose name a permit and/or license to operate
a sexually oriented business has been issued, as well as the individual
listed as an applicant on the application for a permit and/or license.
An individual, proprietorship, partnership, corporation,
association, or other legal entity.
A state of dress in which clothing covers no more than the
genitals, pubic region, and areolae of the female breast, as well
as portions of the body covered by supporting straps or devices.
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
An adult arcade, adult bookstore or adult video store, adult
cabaret, adult motel, adult motion-picture theater, adult theater,
escort agency, nude model studio or sexual encounter center.
The male genitals in a state of sexual arousal and/or the
vulva or more intimate parts of the female genitals.
Includes any of the following:
The increase in floor areas occupied by the business by more
than 25%, as the floor areas exist on date of enactment.
Includes any of the following:
The sale, lease or sublease of the business.
The transfer of securities which constitute a controlling interest
in the business, whether by sale, exchange or similar means.
The establishment of a trust, gift or other similar legal device
which transfers the ownership or control of the business, except for
transfer by bequest or other operation of law upon the death of the
person possessing the ownership or control.
C.
Uses permitted.
(1)
The following uses, as hereinbefore defined, shall be designated
adult uses:
(2)
Adult uses shall be a permitted use in that portion of the Conservation/Agricultural/Mobile
Home Park (CAMP) District bordered on the south by the Commonwealth
of Pennsylvania, on the east by Wellman Road, on the north by Kortwright
Road, and on the west by the Town of Harmony only, provided that:
(b)
An adult use may not be operated within 500 feet of another
adult use or on the same lot or parcel of land as an existing adult
use.
(c)
An adult use may not be operated in the same building, structure
or portion thereof containing another adult use.
(d)
For the purpose of this section, measurement shall be made in
a straight line, without regard to intervening structures or objects,
from the nearest portion of the building or structure used as part
of the premises where an adult use is conducted to the nearest property
line of the premises of a church or public or private elementary or
secondary school or to the nearest boundary of an affected public
park or residence.
(e)
For purposes of Subsection C(2)(d) of this section, the distance between any two adult uses shall be measured in a straight line, without regard to intervening structures or objects, from the closest exterior wall of the structure in which each business is located.
(f)
All adult uses shall be conducted in an enclosed building. Regardless
of location or distance, no one who is passing by an enclosed building
having a use governed by these provisions shall be able to visually
see any specified anatomical area or any specified sexual activity
by virtue of any display which depicts or shows said area or activity.
This requirement shall apply to any display, decoration, sign window
or other opening.
D.
Inspection requirements:
(1)
A person may operate an adult-use business only within that
portion of the Conservation/Agricultural/Mobile Home Park (CAMP) District
of the Town of Busti bordered on the south by the Commonwealth of
Pennsylvania, on the east by Wellman Road, on the north by Kortwright
Road, and on the west by the Town of Harmony, in accordance with the
provisions of this chapter.
(2)
Prior to the commencement of any adult-use business or upon
any transfer of ownership or control, the premises must be inspected
and found to be in compliance with all laws, rules and regulations
of the State Liquor Authority, Health Department, Fire Department
and Town Code Enforcement Officer, Fire Marshal and other code enforcement
officials.
(3)
The Health Department, Fire Department and Town Code Enforcement
Officer, State Liquor Authority, Fire Marshal and other code enforcement
officials shall complete their certification that the premises is
in compliance or not in compliance within 20 days of the inspection
of the premises by such officials. The certification shall be promptly
presented to the Town Code Enforcement Officer.
(4)
The Town Code Enforcement Officer shall suspend the right to
conduct such adult use for a period not to exceed 30 days if the Officer
determines that the owner and/or operator or an employee of the owner
and/or operator has:
(a)
Violated or is not in compliance with any section of this chapter.
(b)
Engaged in excessive use of alcoholic beverages while on the
adult-use business premises.
(c)
Refused to allow an inspection of the adult-use business premises
as authorized by this chapter.
(d)
Knowingly permitted gambling by any person on the adult-use
business premises.
(e)
Knowingly allowed possession, use or sale of controlled substances
on the premises.
(f)
Knowingly allowed prostitution on the premises.
(g)
Knowingly allowed any act of sexual intercourse, sodomy, oral
copulation, masturbation or other sexual conduct to occur in or on
the permitted and/or licensed premises.
(5)
An applicant or permittee and/or licensee shall permit representatives
of any federal, state or local law enforcement authority, health department,
fire department, zoning office or other Town departments or agencies
to inspect the premises of an adult-use business for the purpose of
ensuring compliance with the law at any time it is occupied or open
for business.
(6)
Prior to any suspension, the Town Code Enforcement Officer shall
provide the owner and/or operator a notice with the grounds for the
suspension. The notice stating the grounds shall be provided to the
owner and/or operator in writing. The owner and/or operator has the
right to present its response to this notice to the Town Code Enforcement
Officer within 10 days of receipt of said notice. The response may
be made in person, orally or in writing. The Town Code Enforcement
Officer may not suspend the right to conduct such adult use until
15 days after the notice is given to the owner and/or operator or
until after receiving the owner's and/or operator's response,
whichever is sooner.
E.
Nonconforming adult use.
(1)
Any adult-use business lawfully operating on the effective date
of this section that is in violation of the locational or structural
configuration requirements of this chapter shall be deemed a nonconforming
use.
(2)
An adult-use business lawfully operating as a conforming use
is not rendered a nonconforming use by the location, subsequent to
the operation of the adult-use business, of a church, public or private
elementary or secondary school, public park, residential district
or a residential lot within 250 feet of the adult-use business.
F.
Enforcement.
(1)
A person who knowingly owns, manages, operates, conducts or maintains any of the uses governed by these provisions in any way which is contrary to these regulations shall be subject to prosecution under Article XI of this chapter of the Code of the Town of Busti or, in the alternative, violation of this chapter may be enforced by injunction.
(2)
The continuation of a violation of the provisions of this section
shall constitute, for each day the violation is continued, a separate
and distinct offense hereunder.
(3)
Each violation of the provisions of this section shall subject
the owner and/or operator to a fine in the amount of $250 for each
such violation, in addition to any other penalties otherwise imposed
hereunder.
(4)
If any part or provision of this section or the application
thereof to any persons or circumstances shall be judged invalid, such
judgment shall be confined to the part or application adjudged to
be invalid. Such decision shall not affect the validity of the section
as a whole or any part thereof, other than the part so decided to
be invalid.
A.
Purpose.
(1)
It is the purpose of this section to promote the safe, effective
and efficient use of small wind energy systems installed to reduce
the on-site consumption of utility-supplied electricity while providing
reasonable controls to protect public health and safety without significantly
increasing the cost or decreasing the efficiency of a wind energy
system.
(2)
The Town of Busti recognizes that privately owned small wind
turbines are nonpolluting, help reduce reliance on fossil fuels, help
reduce public utility electrical demand and contribute to the efficiency
of the utility grid.
(3)
The Town of Busti further recognizes that small wind turbines
are substantively different from commercial wind farms and from commercial
cellular or radio towers as they are designed to supply electrical
power for the owner and are not typically revenue-generating ventures.
The much larger-scale wind turbines and wind farms intended to sell
energy directly to power companies or retail users are not permitted
uses under the Town of Busti Zoning Code.
B.
Findings.
(1)
The Town of Busti finds that wind energy is an abundant, renewable
and nonpolluting energy resource and that its conversion to electricity
will reduce our dependence on nonrenewable energy resources and decreases
the air and water pollution that results from the use of conventional
energy sources. Distributed small wind energy systems will also enhance
the reliability and power quality of the power grid, reduce peak power
demands, and help diversify the local energy supply portfolio. Small
wind systems also make the electricity supply market more competitive
by promoting customer choice.
(2)
A number of laws and programs encourage the use of small-scale
renewable energy systems, including rebates, net metering, tax credits,
and other incentives. However, many existing local zoning laws fail
to permit such systems or contain restrictions which, while not intended
to discourage the installation of small wind turbines, can substantially
increase the time and costs required to obtain necessary construction
permits.
(3)
Therefore, we find that it is necessary to standardize and streamline
the proper issuance of building permits for small wind energy systems
so that this clean, renewable energy resource can be used in a cost-effective
and timely manner.
C.
Permits.
(1)
No small wind energy system shall be constructed, modified or
operated in the Town of Busti except by obtaining a permit therefor
as provided in this subsection.
(3)
The Town of Busti Planning Board shall have sole discretion
to review, consider and issue a permit for all other proposed small
wind energy systems that cannot meet the development and construction
standards hereof. The Planning Board may, after a public hearing,
so long as the waiver request is detailed in the public notice, grant
a waiver from the strict application of the provisions of this subsection
if, in the opinion of the Planning Board, the grant of said waiver
is in the best interests of the Town. The Planning Board may consider
as reasonable factors in evaluating the request the impact of the
waiver on the neighborhood, including the potential detriment to nearby
properties, the benefit to the applicant, feasible alternatives, and
the scope of the request. The Planning Board may attach such conditions
as it deems appropriate to waiver approvals as it deems necessary
to minimize the impact of the waiver.
D.
Where permitted. Small wind energy systems shall be a permitted use
in the Residential – Medium Density (RM), Residential/Agricultural
(RA), Conservation/Agricultural (CA), CAMP, Industrial (I), and Light
Manufacturing and Research and Development (LMR) Districts, subject
to the requirements set out below:
E.
Application for permit. An application for a small wind energy system
shall be submitted to the Town of Busti Code Enforcement Office on
the form provided by it and shall include:
(1)
Name, address and telephone number of the applicant. If the
applicant will be represented by an agent, the name, address and telephone
number of the agent, as well as an original signature of the applicant
authorizing the agent to represent the applicant.
(2)
Name, address and telephone number of the property owner. If
the property owner is not the applicant, the application shall include
a letter or other written permission signed by the property owner:
(3)
Address of each proposed tower site, including the Tax Map section,
block and lot number.
(4)
Evidence that the proposed tower height does not exceed the
height recommended by the manufacturer or distributor of the system.
(5)
A plot plan drawn to scale to the extent possible and in sufficient
detail to show the proposed location of the small wind energy system
in relation to all structures, property lines, and public roads within
a 500-foot radius of the system, including a circle drawn around the
proposed location depicting the setback requirements set out below.
(6)
A line drawing of the electrical components of the system in
sufficient detail to allow for a determination that the manner of
installation conforms to the Electric Code of the Town of Busti and
the New York State Building Code.
F.
Developmental standards.
(1)
Tower height. Tower height shall not exceed 120 feet and shall
be exempt from any other height restrictions of this chapter. To prevent
wind turbulence harmful to the small wind energy system, the minimum
height of the lowest part of any horizontal or vertical axis wind
turbine blade shall be at least 30 feet above the highest structure
or tree within a radius of 250 feet. The Planning Board may modify
this requirement if the applicant demonstrates that a lower height
or smaller radius will not jeopardize the safety of the wind turbine
structure.
(2)
Setbacks. The following standards shall apply to small wind
energy systems:
(a)
A small wind energy system shall be set back from the property
line of abutting property a distance of no less than 1.5 times the
total system height.
(b)
No part of the wind system structure, including guy wire anchors,
may extend closer than 10 feet to the property boundaries of the installation
site.
(c)
A small wind energy system shall be set back from the nearest
public road a distance no less than 1.5 times the total system height
or 100 feet, whichever is greater.
(d)
There shall be no habitable structures on the applicant's
property within the fall zone.
(3)
Number of systems. No lot under five acres in size shall contain
more than one small wind energy system.
(4)
Noise. Small wind energy systems shall not exceed 50 dBA, as
measured at the closest neighboring inhabited dwelling at the time
of installation, except during short-term events such as severe wind
storms and utility outages.
(5)
Compliance with New York State Uniform Building Code. The application
for a small wind energy system shall be accompanied by standard drawings
of the wind turbine structure, including the tower, base and footings.
An engineering analysis of the tower showing compliance with the New
York State Uniform Building Code and certified by a licensed professional
engineer shall also be submitted. This requirement may be satisfied
by documentation presented by the manufacturer.
(6)
Compliance with National Electric Code. The application for
a small wind energy system shall be accompanied by a line drawing
of the electrical components on a plot plan in sufficient detail to
allow for a determination that the manner of installation conforms
to the National Electrical Code. This requirement may be satisfied
by documentation supplied by the manufacturer.
(7)
Compliance with FAA regulations. Small wind energy systems must
comply with applicable FAA regulations, including any necessary approvals
for installations close to airports. The allowed height shall be reduced
to comply with all applicable federal aviation requirements, including
Subpart B (commencing with Section 77.11) of Part 77 of Title 14 of
the Code of Federal Regulations regarding installations close to airports.
(8)
Utility notification. No small wind energy system shall be installed
until evidence has been given that the utility company has been informed
of the customer's intent to install an interconnected customer-owned
generator. Off-grid systems shall be exempt from this requirement.
(9)
Liability insurance. Prior to the construction of any small
wind energy system, and on an annual basis thereafter, the owner shall
provide proof in the form of a duplicate insurance policy or a certificate
issued by an insurance company that liability insurance has been obtained
to cover damage or injury which might result from the use of the system
or any part thereof.
G.
Construction standards.
(1)
Exterior lighting on any structure associated with the small
wind energy system shall not be allowed, except that which is specifically
required by the Federal Aviation Administration.
(2)
The system's tower and blades shall be a nonreflective,
unobtrusive color that blends the system and its components into the
surrounding landscape to the greatest extent possible and shall incorporate
nonreflective surfaces to minimize any visual disruption.
(3)
All on-site electrical wires associated with the system shall
be installed underground, except for tie-ins to a public utility company
and public utility company transmission poles, towers and lines.
(4)
At least one sign shall be posted on the tower at a height of
five feet warning of potential electrical shock or high voltage and
potential harm from revolving machinery.
(5)
No brand names, logo or advertising shall be placed or painted
on the tower, rotor, generator or tail vane where it would be visible
from the ground, except that a system or tower manufacturer's
logo may be displayed on a system generator housing in an unobtrusive
manner.
(7)
Anchor points for any guy wires for a system tower shall be
located within the property that the system is located on and not
on or across any aboveground electric transmission or distribution
lines. The point of attachment for the guy wires shall be sheathed
in bright orange or yellow covering from three to eight feet above
the ground.
(8)
All small wind energy systems shall be equipped with manual
and automatic over-speed controls. The conformance of rotor and over-speed
control design and fabrication with good engineering practices shall
be certified by the manufacturer.
H.
Abandonment of use. A small wind energy system that is not used for
12 successive months shall be deemed abandoned and shall be dismantled
and removed from the property at the expense of the property owner.
Failure to abide by and faithfully comply with this section or with
any and all conditions that may be attached to the granting of any
permit shall constitute grounds for the revocation of the permit by
the Code Enforcement Officer.
I.
Inspection. The Code Enforcement Officer or his designated representative
shall have the right at any reasonable time to perform an inspection
of a small wind energy system. After conducting the inspection, the
Code Enforcement Officer may order the owner to render the system
inoperative for reasons related to ensuring safety of operations or
abating noise. The owner shall not return the system to service until
any and all of the reasons which caused the Code Enforcement Officer
to issue the order to the owner to make the system inoperative have
been corrected. Prior to allowing a system to resume operations, the
Code Enforcement Officer may require the owner to have an inspection
made and a report issued by a professional engineer licensed in the
State of New York, certifying that the system is safe.
K.
Enforcement; penalties and remedies for violations.
(1)
The Town Board may appoint such Town staff or outside consultants
as it sees fit to enforce this section.
(2)
Any person owning, controlling or managing any building, structure
or land who shall undertake a wind energy conversion facility in violation
of this section or in noncompliance with the terms and conditions
of any permit issued pursuant to this section, or any order of the
Code Enforcement Officer, and any person who shall assist in so doing,
shall be guilty of an offense and subject to a fine of not more than
$500 or to imprisonment for a period of not more than 15 days, or
subject to both such fine and imprisonment for a first offense; for
a second offense (both within a period of five years), a fine not
less than $500 nor more than $750 or imprisonment not to exceed six
months, or both; and for a third or more offense (all of which occurred
within five years), a fine not less than $750 nor more than $1,000
or imprisonment not to exceed six months, or both. Every such person
shall be deemed guilty of a separate offense for each week such violation
shall continue. The Town may institute a civil proceeding to collect
civil penalties in the amounts set forth herein for each violation,
and each week said violation continues shall be deemed a separate
violation.
(3)
In case of any violation or threatened violation of any of the
provisions of this section, including the terms and conditions imposed
by any permit issued pursuant to this section, in addition to other
remedies and penalties herein provided, the Town may institute any
appropriate action or proceeding to prevent such unlawful erection,
structural alteration, reconstruction, moving and/or use, and to restrain,
correct or abate such violation or to prevent the illegal act.
A.
Purpose: to provide for agricultural diversity and economic growth
in accordance with the Town of Busti Comprehensive Plan and to protect
both the environment and the public welfare of neighboring residential
properties from the impacts of sawmill operations.
B.
Conditions. A sawmill shall be allowed only in the CAMP District
by securing a special use permit from the Town Board of the Town of
Busti, provided that:
(1)
No more than six special use permits for sawmills shall be permitted
in the Town at any time. Special use permits issued pursuant to this
section shall not be assignable or transferable.
(2)
No special use permit shall issue unless the application complies
with the following terms and conditions, which also shall be included
as terms and conditions of the permit:
(a)
A mill shall be located only on a lot at least 10 acres in size
and the operator of the sawmill must use the same lot as his primary
residence.
(b)
Only mills using a band saw shall be permitted. The size of
the band saw blade shall be no more than 1 1/2 inches by 18 feet
and, whether using one or more engines, shall total no more than 80
horsepower.
(c)
All cutting, sawing, grinding or other processing shall be conducted
within a completely enclosed building.
(d)
Hours of operation shall be limited to between the hours of
7:00 a.m. and 5:00 p.m. on weekdays and 9:00 a.m. to 5:00 p.m. on
Saturday. No Sunday nor holiday operations shall be permitted.
(e)
The sawmill shall employ only the operator's immediate
family plus one non-family employee.
(f)
All buildings or other structures and all equipment or storage
areas associated with the sawmill shall be located not less than 100
feet from any property line, nor less than 300 feet from any neighboring
dwelling, and any new mill-related buildings constructed after the
special use permit is issued shall also comply with the same setback
requirements.
(g)
No storage area for logs, sawn lumber or waste materials shall
be located within 100 feet of any stream, other water body or well
providing a source of potable water.
(h)
The accumulation of waste materials in an on-site dump or landfill
shall not be permitted. All waste materials shall be recycled or removed
from the site in a timely fashion, but no less often than once per
week. No waste materials shall be disposed of by burning.
(i)
All fuel used for equipment shall be stored in a manner that
meets all New York State requirements for fuel storage.
(j)
All uses shall provide sufficiently long stacking lanes into
the facility so that vehicles waiting will not back up on to adjacent
streets.
(k)
All access drives onto the site shall be paved for a distance
of at least 100 feet or consist of a 100-foot long gravel section
of driveway to help collect any mud that may have attached to a vehicle's
wheels. The owner and/or operator shall be responsible for removing
any mud from streets caused by persons traveling to and from the site.
(l)
All transportation of logs and lumber shall comply with the
applicable rules and regulations of New York State, including, but
not limited to, those of the New York Department of Environmental
Conservation and New York State Department of Transportation.
(3)
This section shall not apply to sawmills lawfully existing outside the CAMP District at the time of the adoption of the first Town of Busti Zoning Code in 1968, which may continue as nonconforming uses pursuant to and subject to Article X of this chapter. All other properties shall conform to the provisions hereof immediately upon the effective date of this chapter.
(4)
Any failure or omission on the part of the special use permit
holder to carry out any condition or requirement of this section or
to operate in accordance with the terms or requirements of any statute,
local law, ordinance or regulation, may be deemed a violation of the
Town of Busti Zoning Law and unless corrected in not more than 10
days following the service of written notice of such violation upon
the permit holder, may subject them to the penalties therein. Continued
violations after written notice may result in revocation of the special
use permit.
A.
Purpose. Motor vehicle repair stations, as defined in the definition
section, are regulated in this section to promote safe and properly
located stations which are visually attractive.
B.
Conditions. The following conditions shall be complied with:
(1)
No motor vehicle service station shall have a vehicular entrance
closer than 200 feet to the entrance of a church, school, theater,
hospital, public park, playground, library, public administrative
building or fire station, such measurement shall be taken as the shortest
distance between such entrances, across the street if the entrances
are on opposite sides of the street, and along the street frontage
of both entrances where both entrances are on the same side of the
street within the square block.
(2)
All motor vehicle service stations shall be so arranged, and
all gasoline pumps shall be so placed as to require all servicing
on premises and outside of the public right-of-way; no gasoline pump
shall be placed closer to any side property line than 50 feet and
no closer to any street or highway than 35 feet.
(3)
All fuel, oil or similar substance shall be placed at least
35 feet from any street or lot line. Underground gasoline tanks shall
be located at least 35 feet from any street or highway right-of-way.
(4)
A vehicle service station shall not be located within 100 feet
of a residential district. The measurement shall be from the closest
lot line to the closest lot lines.
(5)
No vehicle service station shall be located on any lot of an
area less than 1/2 acre and a continuous street frontage of not less
than 150 feet.
(6)
No junk vehicles shall be stored on the outside. Inoperative
or disabled vehicles shall be placed on the premises for no longer
than three weeks, and in no event shall more than four such vehicles
be placed on the premises at any one time.
(7)
There shall be no outside storage of supplies, tires, drums,
motors and motor parts, except within a closed structure or fence
which shall render such items not to be visible from off the property.
C.
In addition to meeting the aforesaid requirements, before a permit
may be issued the Planning Board must find that the public convenience
and welfare will be substantially served, and the appropriate use
of the neighboring property will not be injured thereby and that the
granting of a permit is in the best interest of the Town of Busti
and its inhabitants.
A.
Mobile home parks shall be permitted in CAMP (Conservation/Agricultural/Mobile
Home Park District) on securing a special permit from the Planning
Board of the Town of Busti, provided that:
(1)
Any person, as of January 1, 1982, operating a mobile home park
may continue to do so without obtaining a special permit. Any such
person or any person claiming a nonconforming use to operate such
a mobile home park may, by providing sufficient proof of such prior
operation of such nonconforming use, obtain a certificate of prior
use from the Code Enforcement Officer. Any such person denied a certificate
of prior use from the Code Enforcement Officer may appeal such denial
from the Zoning Board of Appeals, which may issue such certificate
if such right to such certificate is established. Any mobile home
park which is discontinued for one year shall not be resumed by any
person without the issuance of a special use permit.
(2)
Applicants for a special use permit to operate a mobile home
park shall submit the following:
(a)
The name and address of the applicant.
(b)
The interest of the applicant in a mobile home park.
(c)
The location and legal description of the mobile home park,
including a map showing the physical characteristics of the property,
including typography, vegetation and wetlands.
(d)
Complete plans and specifications of the proposed park, showing:
[1]
The area and dimensions of the land;
[2]
The number, location and size of all mobile home lots;
[3]
The location of service buildings and any other proposed structure;
[4]
The location and width of roadways and walkways;
[5]
The location of water and sewer lines and riser pipe and approved
plans from the County Department of Health and State Department of
Environmental Conservation for sewage disposal;
[6]
Plans and specifications for all buildings constructed or to
be constructed within the mobile home park;
[7]
Plans and specifications as to the water supply, refuse and
sewer disposal facilities;
[8]
The locations and details of lighting and electrical systems;
[9]
The phasing of the development, if any; and
[10]
Such other information as may be required by the
Town Board to properly effectuate the purpose of this chapter.
(3)
All applications shall be accompanied by an application fee
of $1,000 (nonrefundable).
(4)
Upon the receipt of such application and any necessary supplementary
information, the Town Board shall set a date for a public hearing
in regard to the granting of such permit, and a notice of such public
hearing shall be published in the official Town newspaper no earlier
than 20 days and no later than 10 days before the date of such public
hearing.
(5)
At the time of the public hearing, the applicant must present
to the Town Board an affidavit certifying that written notice of the
public hearing was given by the applicant to all owners of real property,
as shown on the latest completed assessment roll, within 500 feet
of the premises for which said permit is sought. Such notice must
be given no earlier than 20 days and no less than 10 days before the
date of such public hearing.
(6)
At the time of the public hearing, the applicant must present
to the Town Board a statement from 50% of the owners of real property,
as shown on the latest completed assessment roll, within 500 feet
of the subject premises that such owners are in favor of granting
such permit to the applicant. Such statement must be sworn and subscribed
to by a notary public. (Such approval may not be required with renewal
of application.)
(7)
No permit shall be granted for the operation of a mobile home
park unless the following basic requirements are complied with:
(a)
A mobile home park shall not be established or created except
on a tract of land used or intended to be used for the parking of
not less than 20 mobile home units nor more than 60 mobile home units,
together with the necessary improvements and facilities upon the land.
(b)
Each mobile home lot shall meet the area and bulk requirements
of the district in which it is located, except that the minimum lot
area shall be 8,250 square feet for each mobile home unit; the minimum
lot width for each mobile home unit shall be 75 feet; the maximum
lot coverage shall be 35% of each mobile home lot; the minimum front
dimension for each mobile home lot shall be 25 feet; the minimum side
yard dimension for each mobile home lot shall be 15 feet, each; the
minimum rear yard dimension for each mobile home lot shall be 25 feet;
and the maximum building height shall be one story.
(c)
No mobile home unit within any mobile home park shall be placed
closer than 100 feet to any highway or public right-of-way.
(d)
No mobile home shall be placed in any mobile home park until
all facilities required pursuant to this section for at least 20 mobile
homes shall have been installed.
(e)
Each mobile home park shall be surrounded by a landscaped greenbelt
for at least 50 feet from each lot line, which distance shall not
be computed in meeting the area and bulk requirements.
(f)
Interior drives shall be designed so as to prevent blockage
of vehicles entering or leaving the mobile home site. Drives may be
one-way or two-way. All accessways to any public street or highway
shall be located at least 200 feet from the intersection or any street
lines and shall be designed in a manner conducive to safe ingress
and egress.
(g)
All mobile home lots or berths shall abut on a road with a right-of-way
of at least 50 feet having a paved all-weather cartway of not less
than 20 feet in width for a two-way street and not less than 15 feet
in width for a one-way street.
(h)
A recreational area equal to at least 400 square feet for each
mobile home berth shall be set aside and improved according to an
approved recreation plan and shall not be located in any required
setback, backyard or buffer area. The recreation plan shall be approved
by the Town Board.
(i)
Each mobile home, lot or berth shall contain a mobile home stand
which will not heave, shift or settle unevenly under the weight of
any mobile home as a result of any frost action, poor drainage, vibration
or any other such forces. The material used in constructing the stand
shall be durable and capable of supporting the expected load regardless
of the weather. Reinforced concrete runways are recommended, but well-compacted
gravel or bituminous concrete materials properly used are suitable.
(j)
Exposed ground surfaces in all parts of every mobile home park
shall be paved or covered by stones, screens or other solid materials
or protected with a vegetative growth that is capable of preventing
soil erosion and eliminating dust.
(k)
All waste from showers, bathtubs, flushed toilets, urinals,
lavatories, washing machines and slop sinks in service and other buildings
shall be discharged into a sewage system approved by the Chautauqua
County Health Department or its successor.
(l)
Each mobile homeowner shall be required to enclose the bottom
portion of the mobile home with either a metal, plastic or wood skirt
properly ventilated within 60 days after arrival in the park, pursuant
to regulations of the park.
(m)
All fuel, oil, storage tanks or cylinders shall be securely
fastened in place and shall be located in the rear of the mobile home,
not facing the driveway or public highway, and not located less than
five feet from any mobile home exit. Supports or standards for fuel
oil storage tanks must be of a noncombustible material.
(n)
Fire shall be allowed in stoves, the incinerators and other
equipment specifically designed for such purpose. Open fires are not
permitted.
(o)
All mobile homes, service and accessory buildings shall be connected
to a central water system. Fire hydrants, if any, shall be located
at least 500 feet from any mobile home, service building or any other
accessory structure.
(p)
Each mobile home berth shall be provided with an approved electrical
system. Underground cables shall be required.
(q)
A mobile home shall not be occupied for dwelling purposes unless
it is properly placed on a mobile home stand and connected to water,
sewage, and electrical facilities.
(8)
Person to whom a permit for a mobile home park is issued shall
operate the park in compliance with this chapter and shall notify
park occupants of all applicable provisions of this chapter.
(9)
A special use permit granted to a person for the purpose of
establishing a mobile home park shall be valid for a period of three
years from issuance and may be renewed by the Town Board upon application
of the person to whom such permit is issued after a public hearing
is held, for which a notice of such hearing shall be published in
the official newspaper of the Town not earlier than 20 days and not
later than 10 days before the date of such hearing.
(10)
Failure to comply with the provisions of this section shall
constitute a basis for revocation by the Town Board of any permit
granted hereunder. However, no special use permit for a mobile home
park shall be revoked unless the person to whom it is issued shall
have had an opportunity to be heard by the Town Board and the Town
Board shall issue findings consistent with its decision.
A.
Purpose. The purpose of this section is to provide local guidelines
for day-care centers that are not regulated by the Department of Social
Services in order to ensure the safety and welfare of those being
cared for while at the same time providing protection to existing
neighborhoods.
B.
Conditions. The following conditions shall be considered by the permitting
board for all day-care centers under local jurisdiction requiring
a special use permit (see definitions of "day care"):
(1)
Lot size.
(2)
Physical plant.
(3)
Load and unload areas/parking.
(4)
Outside recreation.
(5)
Signs.
(6)
Fire safety.
(7)
Educational services to be provided.
(8)
Meals.
(9)
Adjacent uses.
(10)
Buffers.
(11)
Social services: proof that the applicant has contacted the
Department of Social Services for any registrations or permits that
may be required.
(12)
Compliance with state and local laws.
(13)
Other conditions.
C.
Preexisting conditions. Day-care centers under local jurisdiction
existing at the time of passage of this section shall only be subject
to review by hearing under this section if the board responsible for
administering this section becomes aware of obvious non-compliance
with conditions of this section which are reportedly causing problems
for either clients of the day-care facility or residents of the neighborhood.
A.
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 and intent:
(1)
To take advantage of a safe, abundant, renewable and non-polluting
energy resource;
(2)
To decrease the cost of electricity to the owners of residential
and commercial properties, including single-family houses;
(3)
To invest in a locally generated source of energy to increase
employment and business development in the Town of Busti to the extent
reasonably practical by furthering the installation of solar energy
systems;
(4)
To provide other benefits to the Town and its residents to mitigate
impacts from the solar project;
(5)
To mitigate the impacts of solar energy systems on environmental
resources such as important agricultural lands, forests, wildlife
and other protected resources. The use of small-scale, on-farm sources
alternative to energy generation is beneficial to local farmers allowing
them the ability to cut utility costs and/or supplement their income;
(6)
To protect adjoining/surrounding property owners by mitigating
the potential impacts from large scale solar installations;
(7)
To aid in the energy independence of the community as well as
the country;
(8)
To create zoning regulations in accordance with the Town's
Comprehensive Plan and other regional planning documents.
B.
BUILDING-INTEGRATED SOLAR ENERGY SYSTEM
DWELLING UNIT
FARMLAND OF STATEWIDE IMPORTANCE
GLARE
GROUND-MOUNTED SOLAR ENERGY SYSTEM
HOST COMMUNITY AGREEMENT
NATIVE PERENNIAL VEGETATION
NONPARTICIPATING PROPERTY
PARCEL(S)
PARTICIPATING PROPERTY
POLLINATOR
PRIME FARMLAND
ROOF-MOUNTED SOLAR ENERGY SYSTEM
SOLAR ACCESS
SOLAR ENERGY EQUIPMENT
SOLAR ENERGY SYSTEM
(1)
(2)
(3)
(4)
SOLAR PANEL
STORAGE BATTERY
WETLANDS
Definitions. As used in this section, the following terms shall have
the meaning 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.
Any residence/house/apartment that may be occupied or vacant.
Land, designated as "Farmland of Statewide Importance" in
the U.S. Department of Agriculture Natural Resources Conservation
Services (NRCS) Soil Survey Geographic (SSURGO) Database on Web Soil
Survey that is of state-wide importance for the production of food,
feed, fiber, forage, and oilseed crops 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.
The effect by reflections of light with intensity sufficient
as determined in a commercially reasonable manner to cause annoyance,
discomfort, or loss in visual performance and visibility in any material
respects.
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.
A contract between a developer and a local governing body,
whereby the developer agrees to provide the community with certain
benefits and mitigate specified impacts of the solar project.
Native wildflowers, forbs, 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.
A property that is not affiliated with a solar energy system
project in any contractual manner.
A tract of land owned by an individual or entity leased or
otherwise controlled by an applicant upon which a solar energy system
is proposed to be constructed.
A property that is being leased for solar usage, or a property
that has an agreement or lease but is not having solar related improvements
constructed upon it.
Bees, birds, bats, and other insects or wildlife that pollinate
flowering plants, and includes both wild and managed insects.
Land, designated as "Prime Farmland" or "Prime Farmland Where
Drained" in the U.S. Department of Agriculture Natural Resources Conservation
Service (NRCS)'s 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.
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.
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.
Electrical material, hardware, inverters, conduit, storage
devices, or other electrical and photovoltaic equipment associated
with the production of electricity.
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. A solar energy
system in the Town of Busti is classified as a Tier 1, Tier 2, Tier
3 or Tier 4 solar energy system as follows.
Tier 2 solar energy systems include ground-mounted solar energy
systems less than 4,000 square feet in size (defined as the actual
square footage of panels) and that generate no more than 110% of the
electricity consumed on the site over the previous 12 months.
Tier 3 solar energy systems are systems that do not meet the
definition of a Tier 1 or Tier 2 solar energy systems and do not meet
the requirements of a Tier 4 solar energy system.
Tier 4 solar energy systems meet the definition of a Tier 3
solar energy system but are over 25 acres in size (defined as the
fenced in area that encloses the panels and other related solar energy
equipment).
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.
Any areas designated as such by the NYS Department of Environmental
Conservation or the U.S. Army Corps of Engineers.
C.
Applicability.
(1)
The requirements of this section shall apply to all solar energy
systems permitted, installed or modified after the effective date
of this section, excluding general maintenance and repair.
(2)
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.
(3)
All solar energy systems shall be designed, erected, and installed
in accordance with all applicable codes, regulations, and industry
standards as referenced in the NYS Uniform Fire Prevention and Building
Code ("Building Code"), the NYS Energy Conservation Code ("Energy
Code"), and the Town Code.
(4)
All applicable substantive standards set forth herein are intended
to apply to projects sited by the State Siting Board, the Office of
Renewable Energy Siting, or any other government body of competent
jurisdiction to provide siting approval for power plants within the
Town of Busti.
D.
General requirements.
(1)
A building permit shall be required for installation of all
solar energy systems.
(2)
It is the applicant/developer's responsibility to ensure
solar skyspace/access.
(3)
Issuance of permits and approvals by the Town Board and Planning
Board shall include review pursuant to the State Environmental Quality
Review Act ECL Article 8 and its implementing regulations at 6 NYCRR
Part 617 ("SEQRA"), when applicable.
(4)
All permitted solar energy systems shall be installed by a qualified
solar installer.
(5)
This section shall not apply to any lot owned by a municipality.
(6)
This section shall take precedence over any inconsistent provision
of the Zoning Law of the Town.
E.
Permitting requirements for Tier 1 solar energy systems. Tier 1 solar
energy systems shall be permitted in all zoning districts by right,
subject to the following conditions:
(1)
Roof-mounted solar energy systems.
(a)
Roof-mounted solar energy systems shall incorporate, when feasible,
the following design requirements:
[1]
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.
[2]
Solar panels on pitched roofs shall be installed parallel to
the roof surface on which they are mounted or attached.
[3]
Height. Tier 1 solar energy systems shall have the following
height restrictions for all zoning districts: two feet above roof
of highest existing structure, but shall not be higher than the allowed
height in the underlying zoning district, unless a variance is received.
[4]
Solar panels on flat roofs shall not extend above the top of
the surrounding parapet, or more than 24 inches above the flat surface
of the roof, whichever is higher.
(b)
Glare. All solar panels shall have anti-reflective coating(s)
and proof of such must be provided with the building permit application.
These coatings shall not contain any hazardous substances and documentation
of such must be provided to the Town.
(c)
Fire safety. All Roof mounted systems shall be designed and
installed in accordance with the Uniform Fire Prevention and Building
Code Standards.
(d)
Roof access points. Roof access points shall be located:
[1]
In areas that establish access pathways which are independent
of each other and as remote from each other as practicable so as to
provide escape routes from all points along the roof.
[2]
In areas that do not require the placement of ground ladders
over openings such as windows or doors or areas that may cause congestion
or create other hazards.
[3]
At strong points of building construction, such as corners,
pilasters, hips, and valleys and other areas capable of supporting
the live load from emergency responders.
[4]
Where the roof access point does not conflict with overhead
obstructions such as tree limbs, wires or signs.
[5]
Where the roof access point does not conflict with ground obstructions
such as decks, fences or landscaping.
[6]
In areas that minimize roof tripping hazards such as vents,
skylights, satellite dishes, antennas, or conduit runs.
(e)
Ground access areas. Ground access areas shall be located directly
beneath access roofs and roof access points. The minimum width of
the ground access area shall be the full width of the access roof
or roof access point, measured at the eave. The minimum depth shall
allow for the safe placement of ground ladders for gaining entry to
the access roof.
(f)
Notification to the fire service. Notification in writing to
the Fire Department having operational authority at the location where
the system will be installed shall be made no later than 10 days following
installation:
[1]
Notification shall include a site map showing the location of
the solar energy electrical panel, as well as the proper operation
of the disconnect switch(es) in the event of a fire or other emergency
situation where the homeowner, tenant or other personnel is not available
or familiar with the safe shut down operation of unit so as to have
the ability to cut power from the solar panels.
[2]
In addition, a proper written statement showing the method of
shut down shall be posted inside the main electrical panel of the
unit which can be readily accessible for and to firefighting personnel.
(2)
Building-integrated solar energy systems. Building-integrated
solar energy systems shall be shown on the plans submitted for the
building permit application for the building containing the system.
F.
Permitting requirements for Tier 2 solar energy systems. Tier 2 solar
energy systems shall be permitted in all zoning districts as an accessory
use and require a site plan review in accordance with the Town of
Busti Zoning Code and other Town land use regulations. The site plan
review application shall include a site plan and address the following
requirements:
(1)
Glare. All solar panels shall have anti-reflective coating(s)
which do not contain any hazardous substances and proof of such must
be provided with the building permit application.
(2)
Setbacks. Tier 2 solar energy systems shall be set back a minimum
of 50 feet from any side or rear property line. All ground-mounted
solar energy systems shall only be installed in the side or rear yards.
In all cases, the solar panels shall be located a minimum of 75 feet
from any dwelling unit on an adjoining non-participating property.
(3)
Height. Tier 2 solar energy systems shall be less than 12 feet
in height.
(4)
Screening and visibility.
(a)
All Tier 2 solar energy systems shall have views minimized from
adjacent properties to the extent reasonably practicable.
(b)
Solar energy equipment shall be located in a manner to reasonably
avoid and/or minimize blockage of views from surrounding properties
and shading of property to the north, while still providing adequate
solar access.
G.
Permitting requirements for Tier 3 solar energy systems. Tier 3 solar
energy systems are permitted through the issuance of a special use
permit within the Industrial (I), Conservation/Agricultural (CA),
and CAMP Districts, subject to site plan review application requirements
set forth in this section. In order to ensure that the benefits of
the community solar energy resource are available to the entire community,
the Town of Busti requires the applicant to enter into a solar energy
system PILOT and Host Community Agreement with the Town of Busti.
(1)
The application process for the installation of Tier 3 solar
energy system shall be:
(a)
Application received by the Code Enforcement Officer (CEO) and
checked to make sure the appropriate documents have been submitted.
The CEO will then refer the application to the Town Board, which will
forward it to the Planning Board for it to make a final determination
as to completeness of the application. Applicants shall be advised
within 10 business days of the first Planning Board meeting about
the completeness of their application or any deficiencies that must
be addressed prior to substantive review of the special use permit
and site plan.
(b)
Once the application is deemed complete and while the Planning
Board is completing its reviews, the project/application shall be
referred to the Town Board to begin completion of the Host Community
Agreement. This agreement will need to be finalized before the Town
Board acts on the special use permit.
(c)
Subject to a public hearing by the Town Board to hear all comments
for and against the application. The Town shall complete all public
notice requirements in accordance with the special use requirements
of the Town.
(d)
Referred to the Chautauqua County Planning Department by the
Town Board pursuant to General Municipal Law § 239-m if
required.
(e)
Acted upon by the Planning Board to complete site plan review
and make a report and recommendation to the Town Board.
(f)
Acted upon by the Town Board to complete the SEQR process and
determine whether a special use permit should be issued
(2)
Design and application requirements. Applications for Tier 3
Solar projects shall address and include the following:
(a)
Vehicular paths. Vehicular paths within the site shall be designed
to minimize the extent of impervious materials and soil compaction.
These access roads shall be designed as "limited use pervious access"
roads in accordance with NYSDEC standards and designed to handle appropriate
loads (emergency equipment) and meet the requirements of the Town's
Emergency Service Providers.
(b)
Signage.
[1]
No signage or graphic content shall be displayed on the solar
energy systems except the manufacturer's name, equipment specification
information, safety information, and twenty-four-hour emergency contact
information. Said information shall be depicted within an area no
more than eight square feet.
[2]
As required by National Electric Code (NEC), disconnect and
other emergency shutoff information shall be clearly displayed on
a light reflective surface. A clearly visible warning sign concerning
voltage shall be placed at the base of all pad-mounted transformers
and substations.
(c)
Glare. All solar panels shall have anti-reflective coating(s)
and proof of such submitted at time of application and at the time
of the building permit.
(d)
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 (dark-sky compliant) from
abutting properties.
(e)
Noise. Information on any noise producing equipment (as determined
by the Town based on application materials) shall be submitted. If
necessary, the Planning Board will require analysis of the noise on
any sensitive receptors, including single-family homes.
(f)
Tree-cutting. Location of solar energy systems in wooded areas
should be avoided. Removal of existing trees larger than six inches
in diameter should be minimized. No more than 10% of a project or
leased area shall be cleared of existing trees, excluding brush clearing.
Plans submitted should clearly indicate tree locations and those to
be removed (clearing limit).
(g)
Decommissioning.
[1]
Solar energy systems that have been abandoned and/or not producing
electricity (defined as operated at a minimum of 50% capacity for
a period of at least six months) for a period of one year shall be
removed at the owner and/or operator's expense, which at the
owner's option may come from any security made with the Town
as set forth in this chapter.
[2]
A decommissioning plan signed by the owner and/or operator of
the solar energy system shall be submitted by the applicant, addressing
the following:
[a]
The cost of removing the solar energy system (with
no allowance for the recycling or salvage value). These costs should
reflect the costs of a government entity to remove the system.
[b]
The time required to decommission and remove the
Solar System and any ancillary structures.
[c]
The time required to repair any damage caused to
the property by the installation and removal of the solar energy system.
[d]
If agricultural lands, decommissioning may need
to be in accordance the NYSDAM requirements.
[e]
All calculations shall be verified by the engineer
employed by the Town.
(h)
Security.
[1]
The deposit, executions, or filing with the Town Clerk of cash,
bond, or other form of security reasonably acceptable to the Town
Attorney and/or engineer and approved by the Town Board, shall be
in an amount sufficient to ensure the good faith performance of the
terms and conditions of the permit issued pursuant hereto and to provide
for the removal and restorations of the site subsequent to removal.
The amount of the bond or security shall be 125% of the cost of removal
of the Tier 3 solar energy system and restoration of the property
with an escalator of 2% annually for the life of the solar energy
system (or the estimate will need to be updated on a prescribed basis).
The decommissioning amount shall not be reduced by the amount of the
estimated salvage value of the solar energy system.
[2]
In the event of default upon performance of such conditions,
after proper notice and expiration of any cure periods, the cash deposit,
bond, or security shall be forfeited to the Town, which shall be entitled
to maintain an action thereon. The cash deposit, bond, or security
shall remain in full force and effect until restoration of the property
as set forth in the decommissioning plan is completed.
[3]
In the event of default or abandonment of the solar energy system,
the system shall be decommissioned as set forth in this chapter.
(i)
Application fees. All applications for Tier 3 solar energy systems
shall include the appropriate fees as set by the Busti Town Board.
The applicant shall reimburse the Town for all legal and expert/engineering
costs required to review applications, whether made to the Town of
Busti, the Office of Renewable Energy Siting ("ORES"), or the Board
on Electric Generation Siting and the Environment (the "Siting Board").
(j)
Maintenance plan. Applications shall include a maintenance plan
for all leased lands (including required setbacks/buffers). Noxious
weeds shall not be tolerated. Monthly mowing shall occur at least
in the months of May, June, July, August, and September. Monthly debris
removal from the fence line is required.
(k)
Safety. Applications shall include a safety plan (including
communication with emergency service providers).
(l)
Environmental and cultural resources: information on the environmental
and cultural resources (as identified through the NYSDEC Mapping system
and by the Town of Busti) on the subject property and surrounding
properties.
(m)
A property owner who has installed, or intends to install, a
solar energy system may choose to negotiate with other property owners
in the vicinity for any necessary solar skyspace easements. The issuance
of a special use permit by the Town does not constitute solar skyspace
rights, and the Town shall not be responsible for ensuring impermissible
obstruction to the solar skyspace as a result of uses or development
performed in accordance with Town Code.
(n)
The applicant is responsible for remediation of dedicated roads
damaged by the construction and maintenance of a Tier 3 or Tier 4
solar energy system. A road use agreement including a public improvement
bond or other financial security, the amount thereof to be approved
by the Town Board and the bond approved by the Town Attorney as to
form, sufficiency, and manner of execution, shall be posted as a condition
of permitting.
H.
Permitting requirements for Tier 4 solar energy systems. All Tier
4 solar energy systems are permitted through the issuance of a special
use permit within the Industrial (I), Conservation/Agricultural (CA),
and CAMP Districts, and subject to site plan and special use permit
requirements set forth in this Section for Tier 3 projects [all requirements
in § 185-43(N)(7)]. In order to ensure that the benefits
of the community solar energy resource are available to the entire
community, the Town of Busti shall require all Tier 4 applicants to
enter into a solar energy system PILOT and Host Community Agreement.
These Tier 4 systems are very large systems that have a potential
to significantly affect the Town of Busti, its residents, and the
economy of the community. Therefore, the Tier 4 systems shall require
the following additional submittals, requirements, or revisions to
the Tier 3 requirements:
(1)
An agricultural impact statement to determine the impact to
Agriculture in the Town. The Town of Busti has a standard Agricultural
Impact Statement Table of Contents that will be provided to the applicant.
The Planning Board, on a project-by-project basis, will work with
the applicant on finalizing the requirements of this Agricultural
Impact Statement.
(2)
An economic impact analysis to determine the impact to the economy
of the Town. This includes the agricultural impacts in the agricultural
impact statement and information as noted by the Town Planning Board.
(3)
Any Tier 4 solar energy system located on lands that consist
of Prime Farmland soils or Farmland soils of Statewide Importance
shall not exceed 50% of the area of Prime Farmland or Farmland of
Statewide Importance on the parcel or project site as a whole (if
multiple parcels are included) upon which panels and other solar energy
equipment (the fenced in area) are to be installed. Any program in
which the applicant participates that provides for the use of the
land within the fenced in area as farm related uses may be excluded
from this 50% coverage threshold calculation based on the amount of
space actually occupied by the farm use. This exclusion will only
be allowed based on the Planning Board's determination that these
lands are being used for actual agricultural uses.
(4)
If the project proposes to affect more than 50% of these Prime
or Statewide Important soils, the applicant may purchase or lease
(for the lease period of the proposed project) development rights,
of an equal amount of land over the 50% threshold, of another farm
within the Town of Busti with Prime or Statewide Important soils located
on that land to offset the farmland used or leased in the primary
project area. The purchase or lease of the development rights becomes
perpetual or so long as project is viable and until fully decommissioned.
I.
Site plan application. For any Solar Energy system requiring a special
use permit, site plan approval shall be required. This required site
plan application shall include a site plan and the following information:
(1)
A plan illustrating property lines and physical features, including
roads, for the project site.
(2)
Proposed changes to the landscape of the site, grading, vegetation
clearing and planting, exterior lighting, and screening vegetation
or structures.
(3)
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 over current devices.
(4)
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 building permit.
(5)
Name, address, and contact information of 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 building permit.
(6)
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.
(7)
Zoning district designation for the parcel(s) of land comprising
the project site.
(8)
Property operation and maintenance plan. Such plan shall describe
continuing photovoltaic maintenance and property upkeep, such as mowing
and trimming (or other methodologies).
(9)
Erosion and sediment control and storm water 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.
(10)
Engineering documents must be signed and sealed by a New York
State (NYS) Licensed Professional Engineer or NYS Registered Architect.
(11)
A completed SEQR Full Environmental Assessment Form.
(12)
A Landscape Plan in accordance with the special use permit requirements
of this chapter.
(13)
A calculation of the area of the solar energy system in acres
(as defined in the definition of Tier 3 and Tier 4 systems).
(14)
For applications for Tier 4 systems, any off-site infrastructure,
including transmission lines and points of grid interconnection (POI),
shall be noted on site plans and be included in review of the project.
Any off-site POI should be subject to the same safety and visibility
requirements as the balance of the project.
(15)
Any utility poles constructed as part of a solar project may
be made available for co-location by other utilities.
(16)
Any such other additional information as may be required by
the Planning Board a Town professional engineer or consultant, the
Busti Town Board, the Town Attorney, the Town Code Enforcement Officer,
or other Town entity.
J.
Special use permit design standards.
(1)
Specific standards.
(a)
Lot size. There are no lot size requirements; the project must
be shown to meet all setback and other requirements of this chapter.
(b)
Setbacks. All Tier 3 and Tier 4 solar energy systems shall be
set back a minimum of 100 feet from the fence surrounding the solar
panels and equipment to all non-participating property lines and to
the edge of any road right-of-way. Additionally, the setback from
the fence line shall be a minimum of 300 feet from the side or rear
of a dwelling unit on an adjoining non-participating property. The
setback to any off-site participating dwelling unit shall be 100 feet
from the side or rear of the dwelling unit.
[1]
There shall be no setback requirements for contiguous participating
parcels.
(c)
Height. The Tier 3 solar energy systems shall be less than or
equal to 20 feet. The height of systems will be measured from the
highest natural grade below each solar panel. This height requirement
can be waived by the Planning Board if the panels are being raised
to accommodate agricultural purposes (e.g., grazing).
(d)
Fencing requirements. All mechanical equipment, including any
structure for storage batteries, shall be enclosed by a fence, and
meet any other regulatory requirements such as NEC, with a self-locking
gate to prevent unauthorized access.
(e)
Screening and visibility.
[1]
Solar energy systems smaller than five acres shall have views
minimized from adjacent properties to the extent reasonably practicable
using architectural features, earthen berms, landscaping, or other
screening methods that will harmonize with the character of the property
and surrounding area.
[2]
Solar energy systems larger than five acres shall be required
to:
[a]
Conduct a visual assessment of the visual impacts
of the solar energy system on public roadways and adjacent properties.
At a minimum, a line-of-sight profile analysis shall be provided.
Depending upon the scope and potential significance of the visual
impacts, additional impact analyses, including for example a digital
viewshed report, may be required to be submitted by the applicant.
[b]
Submit a screening and landscaping plan to show
adequate measures to screen through landscaping, grading, or other
means so that views of solar panels and solar energy equipment shall
be minimized as reasonably practical from public roadways and adjacent
properties to the extent feasible. The Planning Board will in good
faith determine the adequacy of these measures in its sole and absolute
discretion.
[c]
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.
The landscaped screening shall be comprised of a minimum of one evergreen
tree, at least six feet high at time of planting, plus two supplemental
shrubs at the reasonable discretion of the Town Planning Board, all
planted within each 10 linear feet of the solar energy system. Existing
vegetation may be used to satisfy all or a portion of the required
landscaped screening. A list of suitable evergreen tree and shrub
species should be provided by the Town. This minimum screening requirement
will be reduced if adjoining properties are participating properties.
Review of survival of plantings will be required annually for 10 years
and any planted landscaping that dies or is not viable, will need
to be replaced.
[d]
For any buildings or structures (not panels) to
be placed on the site, the applicant shall be required to submit plans
illustrating how these structures will blend into the character of
the area. For example, buildings can be made to look like agricultural
structures such as barns.
(f)
Agricultural resources. For projects located on agricultural
lands:
[1]
Any Tier 3 solar energy system located in areas that consist
of Prime Farmland soils or Farmland soils of Statewide Importance
shall not exceed 50% of the area of Prime Farmland or Farmland of
Statewide Importance on the parcel upon which panels and other solar
energy equipment (the fenced in area) are to be installed. Any program
in which the applicant participates that provides for the use of the
land within the fenced in area as farm related uses may be excluded
from this 50% coverage threshold calculation based on the amount of
space actually occupied by the farm use. This exclusion will only
be allowed based on a Planning Board's determination that these
lands are being used for actual Agricultural uses.
[2]
Tier 3 solar energy systems located on Prime Farmland shall
be constructed in accordance with the construction requirements of
the New York State Department of Agriculture and Markets (See NYS
Agriculture and Markets Guidelines).
[3]
Tier 3 solar energy system owners shall develop, implement,
and maintain native vegetation to the extent practicable pursuant
to a vegetation management plan by providing native perennial vegetation
and foraging habitat beneficial to game birds, songbirds, and pollinators.
To the extent practicable, when establishing perennial vegetation
and beneficial foraging habitat, the owners shall use native plant
species and seed mixes. Once established, other agriculture uses such
as pasturing livestock and apiculture are permissible and encouraged.
[4]
Agricultural restoration requirements. Once the system is decommissioned,
the site shall be restored and remediated in accordance with the NYS
Agriculture and Markets Guidelines. (This will be a condition of the
special use permit.)
(g)
Noise. The project shall be shown to not have any adverse noise
impacts on any surrounding homes or other sensitive receptors (use
of NYSDEC regulations concerning noise).
(h)
Hazardous materials. The project components shall not contain
any hazardous materials that could contaminate soils or the air by
their release. (Units shall not contain cadmium or other hazardous
materials.) Specific material data information/specifications (SDS/MSDS
sheets) shall be submitted on all components of the project. The applicant
must ensure that no harmful chemicals will be leaked into the soils
over the life of the project. For certain components of the project,
information on spill containment systems will need to be provided.
This required information shall be reviewed by the Planning Board,
their consultants and the Fire Department.
(i)
Solar energy system liability insurance.
[1]
The Holder of a special use permit for a solar energy system
Shall Agree to secure and maintain for the duration of the permit,
public liability insurance as follows:
[a]
Commercial general liability covering personal
injuries, death and property damage: $5,000,000 per occurrence ($10,000,000
aggregate) which shall specifically include the Town of Busti and
its officers, councils, employees, attorneys, agents and consultants
as additional named insured;
[b]
Umbrella cove rage: $10,000,000.
[2]
Insurance company. The insurance policies shall be issued by
an agent or representative of an insurance company licensed to do
business in the State and with at least a Best's rating of "A."
[3]
Insurance policy cancellation. The insurance policies shall
contain an endorsement obligating the insurance company to furnish
the Town of Busti with at least 30 days prior written notice in advance
of cancellation.
[4]
Insurance policy renewal. Renewal or replacement policies shall
be delivered to the Town of Busti at least 15 days before the expiration
of the insurance that such policies are to renew or replace.
[5]
Copies of insurance policy. No more than 15 days after the grant
of the permit before construction is initiated, the permit holder
shall deliver to the Town of Busti a copy of each of the policies
or certificates representing the insurance in the required amounts.
[6]
Certificate of insurance. A certificate of insurance that states
that it is for informational purposes only and does not confer sufficient
rights upon the Town of Busti shall not be deemed to comply with this
chapter.
K.
Waiver relief. The Town Board recognizes that no regulation can anticipate
every creative plan that may be devised, which, though not in strict
compliance with the provisions of this section, nevertheless, is not
objectionable. Accordingly, the Town Board is hereby empowered to
grant relief to an applicant from the strict application of this section
where the applicant provides sufficient grounds for a finding that
the proposal comports as much as feasible with the spirit and letter
of this section and, though not in strict compliance therewith, remains
aesthetically pleasing, protects neighboring properties, and preserves
property values within the Town of Busti.
L.
Reimbursement of fees.
(1)
An applicant shall reimburse the Town for any fee or expense
incurred in hiring subject matter experts and attorneys to review
whether a solar energy system proposed for siting pursuant to Article
10 of the New York Public Service Law or Article 94-c of the Executive
Law complies with the substantive provision of this chapter.
(2)
The applicable fees for any review or permit required by this
chapter shall be set from time to time by resolution of the Town Board.
These fees will also include an annual fee to cover the costs of processing
and reviewing annual inspection reports and for administration, inspections,
and enforcement.
(3)
An applicant for either state or local siting approval shall
deliver to the Town Board, along with its application, if local approval
is sought, or 180 days prior to the filing of an Article 10 or Article
94-C application, if applicable, an amount equal to 1% of the estimated
cost of the project (the "Initial Deposit"). This sum shall be held
by the Town in a non-interest bearing account and shall be available
to the Town to pay consultants and attorneys engaged by the Town to
assist in its review of and preparation for an Article 10 or Article
94-c application. Should the Town be awarded intervenor funds, it
shall switch to and deplete those funds before making further use
of the Initial Deposit. Following the approval or denial of the state
or local application, the Town shall return to the applicant any excess
funds remaining in escrow. If the escrow account has been depleted
prior to approval or denial of the application, the applicant shall
deposit such funds necessary for the Town to pay any outstanding consulting
fees.
M.
Host community agreement. Prior to the issuance of a building permit
for any Tier 3 or Tier 4 solar energy system, the applicant for such
system shall enter into a Host Community Agreement with the Town of
Busti, which shall:
(1)
Contractually obligate the applicant to comply with any terms
and conditions of any special use permit approval of the Town Board;
(2)
Provide for payment by the applicant to the Town of an impact
fee to be used and applied by the Town to pay for and/or offset the
costs and impacts incurred by and/or arising due to the development
and/or operation of the solar energy system. The amount of such impact
fee shall be established by the Town Board by resolution adopted from
time to time, based upon the amount of energy produced by the project
and such other factors as the Board shall determine;
(3)
Provide for such other contractual requirements as may be necessary
given the specific elements of a particular project; and
(4)
If the applicant and/or owner of the project shall enter into
an agreement with the Chautauqua County Industrial Development Agency
to provide for an abatement of real property taxes or other tax exemption
or abatement, be cross-defaulted with the agreements between the applicant
and/or owner and the Chautauqua County Industrial Development Agency.
N.
Ownership changes. If the owner or operator of the solar energy system
changes or the owner of the property changes, the special use permit
shall remain in effect, provided that the successor owner or operator
assumes in writing all of the obligations of the special use permit,
site plan approval, and decommissioning plan. A new owner or operator
of the solar energy system shall notify the zoning enforcement officer
of such change in ownership or operator within 30 days of the ownership
change.
O.
Safety.
(1)
Solar energy systems and solar energy equipment shall be certified
under the applicable electrical and/or building codes as required.
(2)
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 in an ambulance district,
the local ambulance corps.
(3)
If storage batteries are included as part of the solar energy
system, they shall meet the requirements of any applicable zoning
code and 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.
P.
Permit time frame and abandonment.
(1)
The special use permit and site plan approval for a solar energy
system shall be valid for a period of 18 months, provided that construction
has commenced. In the event construction is not completed in accordance
with the final site plan as may have been amended and approved, as
required by the Planning Board, within 18 months after approval, the
applicant or the Town may extend the time to complete construction
for 180 days. If the owner and/or operator fails to perform substantial
construction after 24 months, the approvals shall expire.
(2)
Upon cessation of electricity generation of a solar energy system
on a continuous basis for 12 months, the Town may notify and instruct
the owner and/operator of the solar energy system to implement the
decommissioning plan. The decommissioning plan must be completed within
360 days of notification in accordance with the approved decommissioning
plan.
(3)
If the owner and/or operator fails to comply with decommissioning
upon any abandonment, the Town may, at its discretion, utilize the
bond and/or security for the removal of the solar energy system and
restoration of the site in accordance with the decommissioning plan.
Q.
Enforcement. Any violation of this Solar Energy Section 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.
R.
General complaint process. During construction, the Town Building
Inspector can issue a stop order at any time for any violations of
a special permit or building permit. The permit holder of a Tier 3
or Tier 4 solar energy system shall establish a contact person, including
name and phone number, for receipt of any complaint concerning any
permit requirements.
A.
Purpose. Bed-and-breakfast uses shall be regulated in accordance
with this section for districts where they are specifically listed
as being allowed uses. The purpose of this section is to provide guidelines
which will ensure that bed-and-breakfasts will not result in a significant
adverse change in a residential neighborhood.
B.
Conditions. The following conditions shall be considered by the permitting
board for attachment to the permit.
(1)
Lot size. For each bedroom proposed to be utilized by a traveler,
there shall be an additional lot area of 1,000 square feet over the
minimum lot size required by the district.
(2)
Number of bedrooms. A maximum of one bed-and-breakfast bedroom
shall be allowed for 700 square feet of livable floor space with a
maximum of five bedrooms allowed.
(3)
Parking. Convenient off-street parking shall be available at
a rate of one space per proposed bed-and-breakfast bedroom. These
spaces shall be located beyond the minimum front yard setback line.
Additional handicap parking spaces will be provided in accordance
with the New York State Building Code. Natural or artificial buffers
may be required as necessary by the permitting board.
(4)
Modifications. All modifications shall be accomplished in accordance
with the NYS Uniform Building Code.
(5)
Existing structures. Garages or accessory buildings shall not
be utilized for bed-and-breakfast living area.
(6)
Signs. In addition to all requirements of the supplemental sign
section, signs shall be constructed of natural materials and shall
not be illuminated. Other reasonable conditions may be imposed in
order for the sign to blend into the neighborhood.
(7)
Nuisances. Outside activities shall not be permitted by guests
where it will create a nuisance or in any way alter the character
of the neighborhood.
(8)
Other conditions. Any other reasonable condition as deemed necessary
by the permitting board shall be permissible.
A.
Purpose. In order to preserve the character of neighborhoods and
promote safe and aesthetically pleasing auto body repair shops, all
such shops shall be reviewed in accordance with the following conditions.
B.
Conditions. The following conditions shall be met:
(1)
Fence. Any vehicle stored outside shall be enclosed within an
appropriate fence which shall make it possible to view the vehicle.
(2)
Hours of operation. The hours of operation shall be derived
so as to limit the noise during non-business hours.
(3)
Area requirements. The lot on which the shop is to be located
shall be a minimum of two acres. The shop shall be allowed only if
it is to be located at least 400 feet from existing residential structures
located on adjacent parcels.
(4)
Buffers. Where deemed necessary, appropriate buffers shall be
required.
C.
Preexisting uses. Any auto body repair shops in existence before the enactment of this chapter shall be subject to the above conditions of fences [Subsection B(1)] and hours of operation [Subsection B(2)], where a formal written complaint is received by an aggrieved person and it is determined by the Zoning Board of Appeals that said complaint is warranted. Compliance shall take place within one year. In addition, any expansion or enlargement of an auto body repair shop shall be subject to all regulations in this chapter within reason as determined by the permitting board.
A.
Purpose. For the purpose of promoting safe and aesthetically pleasing
motor vehicle sales lots, the following conditions are proposed.
B.
Conditions.
(1)
Lot size. Land area must be sufficient to handle vehicles, ingress
and egress, and off-street parking.
(2)
Location. All vehicles being offered for sale shall be set back
a minimum of five feet from the street edge if a curb exists and minimum
of 15 feet from the street edge without a curb and neatly arranged
in an organized manner. Vehicles not offered for sale shall be located
behind the main building setback line and, if necessary, it may be
required that they be fenced in so as not to be visible.
(3)
Signs. All signs and advertising devices must comply with the
supplemental sign section.
(4)
Traffic safety. Ingress and egress must be safely located.
A.
Purpose. This section is created for the purpose of preserving rural
character and providing protection for existing uses.
B.
Conditions. The following conditions shall apply:
(1)
Lot size. A minimum lot size of five acres shall be required.
(2)
Floor space. Any habitable recreational camp structure shall,
at a minimum, have 150 square feet of living area.
(3)
Structure location. A minimum front yard setback of 200 feet
shall be required.
(4)
Construction. The type, size and method of construction shall
be considered. Campers utilized as a dwelling unit shall be licensed,
inspected and roadworthy. Mobile homes, trucks and bus bodies shall
not be used for a dwelling unit.
(5)
Buffer zones. Existing natural buffers should be retained to
the greatest degree possible and new buffers should be considered
where it is apparent that they are necessary.
(6)
Permit. When more than one dwelling unit is being proposed to
be placed on the property owned by the applicant, a special use permit
shall be required. For a single dwelling, a "by right" permit shall
be utilized.
(7)
Year-round conversion. The conversion of seasonal camps to year-round
housing or any other allowed uses shall be allowed only by special
use permit.
(8)
Access to public roads. Seasonal camps must either have direct
access to a public road or a thirty-foot public right-of-way shall
be required to be kept open and cleared for fire protection purposes.
(9)
Inhabitation. The maximum inhabitation time annually shall be
180 days. Temporary structures such as tents, shall be limited to
a maximum inhabitation of 14 days.
(10)
Other requirements. Other reasonable conditions may be required
as deemed necessary.
When a recreational vehicle must be stored or kept outdoors,
it shall be required to adhere to the following conditions:
A.
Recreational vehicles and noncommercial trailers shall not intrude
into the right-of-way or obstruct sight visibility from adjacent driveways,
rights-of-way, or access easements.
B.
Parking or storage of recreational vehicles or noncommercial trailers
for compensation is not permitted unless parcels are in a commercial
district.
C.
Recreational vehicles and noncommercial trailers shall be kept in
a side or rear yard in compliance with setback requirements applicable
to accessory structures. If the vehicle cannot be stored in a side
or rear yard setback due to site constraints, one recreational vehicle
or noncommercial trailer may be located in the front yard area as
follows:
(1)
In the driveway, provided setback requirements applicable to
the primary structure are met.
D.
Recreational vehicles shall be maintained in a clean, well-kept state
which does not detract from the appearance of the surrounding neighborhood.
E.
Recreational vehicles and noncommercial trailers when stored outdoors on lakefront lots, are regulated by the supplemental regulations contained within § 405-703 of this chapter.
F.
Disabled or unlicensed recreational vehicles or noncommercial trailers
shall not be parked or stored outdoors (except for kayaks or canoes).
Auto or boat repair shops may have disabled licensed vehicles on the
premises which are being repaired.
A.
Purpose. The purpose of this section is to protect existing neighborhoods
from intense development associated with recreational vehicle and
campground parks. Consideration will be given to aesthetics, buffers,
safe access, and other reasonable conditions.
B.
Conditions. Recreational vehicle and campground parks shall comply
with the following standards:
(1)
Area and setbacks.
(a)
All lots (pads) shall be a minimum of 75 feet from any public
highway.
(b)
A 100-foot-wide buffer zone of appropriate vegetation shall
be provided around the circumference of the park where adjacent property
use is of such a nature that there could be conflicts. No recreational
vehicle or other structures shall be located in the buffer area.
(c)
Minimum lot sizes shall be 2,500 square feet for a vacation
camp and 1,500 square feet for overnight camps.
(d)
Minimum acreage required:
[1]
Three acres, if public water and sewer are available, with a
maximum density of up to 20 camping sites per acre of available open
space on site.
[2]
Ten acres, without public sewer, with a maximum density of six
camping sites per acre. If an approved septic system can be installed,
the maximum density level of campsites may be increased to a level
prescribed by the sanitary code, if the new density meets all other
requirements of this section.
(2)
Streets and walkways.
(a)
Access to the park must be designed to ensure safe and convenient
movement of traffic into and out of the park with a minimum disruption
of traffic on adjacent public roads. This shall include a minimum
clear view of 150 feet while pulling out onto the adjacent public
roadways.
(b)
Walkways shall be provided to service buildings.
(c)
All park roadways shall be a minimum of 50 feet from any property
line except for the entry and exit roads.
(d)
Park roads shall be constructed or treated in such a manner
so as to minimize the creation of dust or mud.
(3)
Parking. Off-street parking, loading, and maneuvering space
shall be provided.
(4)
Occupancy. The maximum length of occupancy per year shall be
eight months. Trailers shall not be utilized as a permanent residence.
(5)
Accessory uses. Accessory uses such as snack bars, showers,
laundromats, etc., customarily associated with travel trailer parks
shall be permitted. However, the land utilized in this manner should
not account for more than 10% of the total area of the park and the
services shall be directed toward the occupants of the park. Finally,
no commercial character shall be visible from outside the park and
such services shall only be allowed when the number of sites is sufficient
to support these services.
(6)
Location. Parks shall not be located so as to cause heavy traffic
to be directed through residential areas not accustomed to heavy traffic.
(7)
Supervision. The park owner shall be responsible for having
supervisory personnel on premises as necessary during the camping
season for the purpose of policing the premises within the limits
prescribed to him by law.
(8)
Nuisances. The park owner shall prevent any undue proliferation
of smoke, dust, or any pollution of the air or water by the campers
or campsites. Quiet hours shall be established by the owner as necessary.
(9)
Recreational facilities and areas. Sufficient recreational areas
shall be set aside in appropriate locations to meet the needs of campers.
As a minimum, the acreage established at the campground will be calculated
using 500 square feet per campsite. The types of facilities provided
(e.g., playgrounds, picnic area, walking paths, etc.) will be based
on the estimated age distribution of the campers. A comprehensive
recreational plan shall be established and submitted with the application.
(10)
All recreational vehicle parks and campgrounds shall meet the
following standards:
(a)
Water supply. A water supply serving a recreational vehicle
park or campground shall conform to the requirements of Chautauqua
County Health Code, as now enacted or hereafter amended, and the following
minimum standards:
[1]
Where an existing public water supply of satisfactory
quantity and quality is reasonably available, the Health Official
may require connection to that supply for all domestic water purposes
at the recreational vehicle park or campground.
(b)
Sewage disposal and public restrooms. All recreational vehicle
parks and campgrounds shall discharge sewage and gray water to sewage
disposal systems approved by a Chautauqua County Department of Health.
Recreational vehicles may be connected to a public sanitary sewer
system or an on-site sewage system if approved by the owner/operator
and the County Health Official. Connection to a public sewer system
may be required. Unless each camping space allows for connection of
camping units to potable water and wastewater disposal systems, there
shall be at least one sewage pump-out station conveniently located
with access from the service driveway and with easy ingress and egress
for recreational vehicles in each recreational vehicle park or campground
that is designed to accommodate recreational vehicles.
[1]
In addition to meeting the location requirements
for sanitary facilities as described above, the sanitary facilities
shall include the appropriate quantities of toilets, urinals, hand-washing
sinks, and shower stalls as approved by the Health Official, based
on minimum standards for sanitary facilities.
(c)
Solid waste. No person shall dispose of or discard sewage, gray
water, or other waste materials onto the ground. All storage, collection,
and disposal of solid waste in the recreational vehicle park or campground
shall be in conformance with the minimum functional standards set
forth by New York State and administered by the County Health Official.
C.
Preexisting uses. All travel trailer parks in existence before the enactment of this chapter shall be, as necessary, subject to the following subsections above: B(4), Occupancy; B(7), Supervision; and B(8), Nuisances. These conditions shall be met three months after a written decision, established at a public hearing, is received by the park owner. Expansions of existing parks shall be subject to all conditions of this section except Subsection B(6) location.
A.
Purpose. The standards and regulations of this section are designed
to protect and maintain the character of residential and rural areas
of the Town while recognizing that certain professional and trade
activities may, on a limited scale, be acceptable accessory uses.
B.
Permitted locations.
(1)
Home occupation, minor. Minor home occupations, as previously defined, are permitted as an accessory use to a dwelling unit in all districts, if they meet all relevant conditions listed in Subsection C for such use.
(2)
Home occupation, major. Major home occupations, as previously defined, may be permitted as an accessory use, by special use permit, to a dwelling unit in the Residential/Agricultural (RA), Conservation/Agricultural (CA) and Conservation/Agricultural/Mobile Park (CAMP) Districts, if they meet all relevant conditions listed in Subsection C for such use.
(3)
Home business. Home businesses, as previously defined, may be permitted as an accessory use, by special use permit and site plan review, to a dwelling unit in the Conservation/Agricultural (CA) and Conservation/Agricultural/Mobile Park (CAMP) Districts, if they meet all relevant conditions listed in Subsection C for such use.
C.
Conditions.
(1)
Home occupation, minor. In addition to all of the limitations
applicable to the district in which it is located, no minor home occupation
shall be permitted unless it complies with the following restrictions:
(a)
No more than one minor home occupation shall be permitted for
each property.
(b)
Not to exceed more than 25% of the square footage of dwelling
and occupation shall be carried on entirely within the dwelling.
(c)
Evidence of use and maintenance of residential character. The
appearance of the structure shall not be altered and the occupation
within the residence shall not be conducted in a manner that would
cause the premises to differ from its residential character either
by the use of lighting, or the emission of noises, odors or vibrations.
No mechanical, electrical or other equipment that produces noise,
electrical or magnetic interference, vibration, heat, glare or other
nuisance outside the residential or accessory structure shall be used.
No outdoor display of goods or outside storage of equipment or materials
used in the home occupation or profession shall be permitted.
(d)
Employees on site. No employees other than the residents of
the property shall be employed on site. No other partner, principal
or professional may be employed on site.
(e)
Number of clients. The home occupation shall be conducted in
such a manner that at any one time the maximum number of clients,
customers and others at the site of the home occupation is not greater
than two persons.
(f)
Hours of operation. The home occupation shall be conducted in
such a manner that all the deliveries, clients, customers and others
coming to do business at the site of the home occupation, shall arrive
and depart between the hours of 7:00 a.m. and 9:00 p.m on weekdays
and between 8:00 a.m. and 12:00 p.m. on Saturdays.
(g)
Signage. One unanimated, non-illuminated flat wall sign, not
to exceed three square feet in area, shall be permitted to identify
the home occupation.
(h)
Parking. Parking shall be provided off-street and shall not
be located in front yards.
(i)
Commercial vehicles. Not more than one commercial vehicle, with
a GVW of less than 7,000 pounds, shall be permitted in connection
with any minor home occupation and such vehicle shall be parked in
the driveway or stored in an enclosed garage. No construction vehicles,
construction equipment, or heavy vehicles may be used in connection
with a minor home occupation.
(j)
If the business requires that clients or customers do visit
the home occupation, the site shall meet all New York State Uniform
Fire and Building Codes.
(2)
Home occupation, major. In addition to all of the limitations
applicable to the district in which it is located, no major home occupation
shall be permitted unless it complies with the following restrictions:
(a)
Major home occupations cannot exceed more than 25% of the habitable
space of the principal dwelling and must remain incidental to the
residential use.
(b)
Only one accessory structure can be used for a home occupation.
New accessory structures built for the purpose of a major home occupation
shall not be greater than 2,000 square feet, or the square footage
of the principal dwelling, whichever is less. No more than 2,000 square
feet of an existing accessory structure may be used for a major home
occupation.
(c)
A minimum lot size of two acres is required for the purposes
of operating a major home occupation.
(d)
Required procedures. Special use permit approval is required
by the Town Planning Board.
(e)
Employees on site. No more than two employees or assistants
in addition to the members of the family occupying such dwelling may
be engaged on the premises in the home occupation at any given time.
One other partner, principal or professional may be employed on site.
(f)
Objectionable noise, vibration, smoke, dust, electrical disturbance,
odors, heat or glare shall not be permitted.
(g)
Outdoor storage. Materials and equipment actively used in connection
with the home occupation shall be stored indoors to the extent practicable.
Where such storage cannot be reasonably provided, the materials and
equipment shall be screened from public rights-of-way and neighboring
properties by intervening landforms, fencing and/or vegetation through
all seasons of the year and stored in a manner such that they do not
pose a nuisance to adjacent property owners. No outdoor storage of
materials or equipment shall be permitted in the front yard of the
premises or less than 50 feet from any property boundary.
(h)
Commercial vehicles and construction equipment. Not more than
two commercial vehicles may be used in connection with the home occupation.
(i)
Heavy vehicles and construction equipment under 26,000 pounds
GVW. No more than one heavy vehicle, under 26,000 pounds GVW, used
in connection with the home occupation may be stored outside. No such
vehicles shall be parked in the required front yard (25 feet of the
right-of-way) or side yards (within 10 feet of side lot lines) of
the property. Additional heavy equipment may be stored in an enclosed
garage.
(j)
Signage. One sign, not to exceed three square feet in area,
shall be permitted to identify the home occupation. This sign may
not be animated and may be illuminated only during business hours.
(k)
Parking. Any need for parking generated by the home occupation
shall not include any vehicle over 26,000 pounds GVW and shall be
provided off-street.
(l)
Number of clients. The home occupation shall be conducted in
such a manner that at any one time the maximum number of clients,
customers and others at the site of the home occupation is not greater
than four persons.
(m)
Hours of operation. The home occupation shall be conducted in
such a manner that the majority of the deliveries, pickups, clients,
customers and others coming to do business at the site of the home
occupation, shall arrive and depart between the hours of 7:00 a.m.
and 9:00 p.m. on weekdays and between 8:00 a.m. and 12:00 p.m. on
Saturdays.
(3)
Home business. In addition to all of the limitations applicable
to the district in which it is located, no home business shall be
permitted unless it complies with the following restrictions:
(a)
Home-based businesses are permitted within a single-dwelling
unit, or in a building or structure accessory to a dwelling unit,
with frontage along any state, county or Town road that is not designated
for "seasonal use." A private road may not provide access. No more
than one home-based business shall be permitted on each property.
(b)
Lot size. The minimum required lot size for a home-based business
is five acres.
(c)
Extent of use. The total gross floor area of the home-based
business in an accessory building shall not exceed 5,000 square feet
in area.
(d)
Neighborhood character. The appearance of the property shall
not be altered and the occupation within the residence shall not be
conducted in a manner that would cause the premises to differ significantly
from other properties in the neighborhood either by the use of lighting
or by the emission of noises, odors or vibrations. All accessory buildings
shall be of a building type that is consistent with the appearance
of the principal dwelling and the surrounding area or neighborhood.
(e)
Employees on site. No more than four employees or assistants
in addition to the members of the family occupying such dwelling may
be engaged on the premises in the home-based business at any given
time. One other partner, principal or professional may be employed
on site.
(f)
Hours of operation. The home-based business shall be conducted
in such a manner that the majority of the clients, customers and others
coming to do business at the site of the home-based business, shall
arrive and depart between the hours of 7:00 a.m. and 9:00 p.m on weekdays
and between 8:00 a.m. and 12:00 p.m. on Saturdays.
(g)
Outdoor storage, materials and equipment. Materials and equipment
actively used in connection with the home-based business shall be
stored outdoors shall be screened from public rights-of-way and neighboring
properties by intervening landform and/or vegetation or fencing through
all seasons of the year and stored in a manner such that they do not
pose a nuisance to adjacent property owners. No outdoor storage of
materials or equipment shall be permitted in the front yard of the
premises or less than 50 feet from any property boundary.
(h)
Commercial vehicles. Not more than four commercial vehicles
may be used in connection with the home-based business. No such vehicles
shall be parked in the required front or side yards of the property.
(i)
Construction vehicles and equipment. Not more than four construction
vehicles or pieces of construction equipment may be used in connection
with the home-based business. No such vehicles shall be parked in
the required front or side yards of the property. Additional commercial
vehicles may park in an enclosed structure.
(j)
Heavy vehicles GVW over 26,000 pounds. No more than two heavy
vehicles used in connection with the home-based business may be stored
outside. No such vehicles shall be parked in the required front or
side yards of the property. Additional heavy vehicles may be parked
in an enclosed structure.
(k)
Signage. One sign, not to exceed 10 square feet in area per
side, shall be permitted to identify the home-based business. No sign
shall have more than two printed sides. This sign may not be animated
and may be illuminated only during business hours.
(l)
Parking. The need for parking generated by the home-based business
shall be met on-site and not in the required front yard. Off-street
parking, turnarounds, and loading spaces shall be provided as required
in these regulations. The off-street parking for the home-based business
shall be in addition to the parking required for the residence.
(m)
Deliveries and shipping. No more than 10 pickups or deliveries
per week, other than regular mail, commercial mail service and overnight
delivery service, shall be permitted. All pickups and deliveries shall
occur between the hours of 7:00 a.m. and 9:00 p.m.
D.
Prohibited uses.
(1)
The following types of businesses shall not be considered to
be a home occupation:
(a)
Motor vehicle repair;
(b)
Motor vehicle, boat, and manufactured homes sales and rental
(where vehicles, boats or manufactured homes are present on site);
(c)
Fuel outlets (including gas stations and mini-marts);
(d)
Drive-in businesses;
(e)
Scrap and salvage material storage and sales (including junkyards);
(f)
Laundries and dry-cleaning establishments;
(g)
Recreation, entertainment, or amusement enterprises (including
adult entertainment or other adult uses);
(h)
Restaurants and tearooms;
(i)
Tourist homes and bed-and-breakfast establishments;
(j)
Biological and medical testing laboratories;
(k)
Clinics, hospitals, and convalescent homes;
(l)
Funeral homes;
(m)
Kennels, stables, animal hospital and veterinarian offices;
and
(n)
Building supply and farm equipment stores.
(2)
The following type of businesses shall not be considered to
be a home business:
(a)
Motor vehicle repair;
(b)
Motor vehicle, boat, and manufactured home sales and rental
(where vehicles, boats or manufactured homes are present on site);
(c)
Fuel outlets (including gas stations and mini-marts);
(d)
Drive-in businesses;
(e)
Scrap and salvage material storage and sales (including junkyards);
(f)
Laundries and dry-cleaning establishments;
(g)
Recreation, entertainment, or amusement enterprises (including
adult entertainment or other adult uses - except within the boundaries
of the CAMP District);
(h)
Restaurants and tearooms;
(i)
Tourists homes and bed-and-breakfast establishments;
(j)
Biological or medical testing laboratories;
(k)
Clinics, hospitals and convalescent homes;
(l)
Funeral homes;
(m)
Animal hospitals and veterinarian offices; and
(n)
Building supply and farm equipment stores.
|
Yard sales, garage sales and any similar type of sales exceeding
four consecutive weeks shall be considered to be a home business and
are subject to the provisions therefor.
|
E.
Limitations or thresholds.
(1)
Recognizing that the primary purpose of residential and agricultural
districts is not the accommodation of business uses, the burden of
proof in demonstrating compliance with these regulations in order
to develop and maintain a home occupation shall be upon the applicant.
(2)
Major home occupations and home businesses are considered uses
that may grow into high-activity uses that are incompatible with surrounding
properties and are therefore viewed as interim uses, which means that
they are granted for limited periods of time and may not be renewed
if the major home occupation or home business can no longer comply
with the conditions listed for such use within this supplemental section.
No portable home storage unit may be utilized as a temporary
structure unless a zoning permit is obtained from the Code Enforcement
Officer, who shall issue such permit if the following requirements
are met:
A.
A portable home storage unit is located as a temporary structure
on property within the Town for a period not to exceed 30 consecutive
days.
B.
When necessary to facilitate clean up and/or restoration activities
resulting from a flood, fire or natural disaster to a building or
structure one portable home storage unit may be located on the property
for a period not to exceed 180 days.
C.
No more than two portable home storage units may be located on a
specific piece of property within the Town at one time; such structures
shall be individually limited to the duration time established herein.
D.
Such temporary structures shall meet all applicable setbacks and
be located no closer than 10 feet to the property line.
E.
Any portable home storage unit, which is not removed at the end of
the time for which it may lawfully remain in place, or immediately
upon direction of the Code Enforcement Officer for removal of such
temporary structure for public safety reasons, may be removed by the
Town immediately, without notice. All expenses incurred by the Town
of Busti in connection with the removal of the unsafe temporary structure
shall be assessed against the land on which the portable home storage
unit was located.
F.
Any existing portable home storage units on property within the Town
of Busti at the time of the enactment of this chapter shall have six
months to be removed.
Agribusinesses and agritourism businesses shall be permitted
in the Residential – Medium Density (RM), Residential/Agricultural
(RA) and Conservation/Agricultural (CA) Districts on securing a special
use permit from the Town Board of the Town of Busti, provided that:
A.
An application for a special use permit to operate an agribusiness
or agritourism business shall be submitted to the Code Enforcement
Officer, which application must indicate the proposed hours of operation
and be accompanied by a site plan which identifies parking areas and
establishes minimum distances between any parking and neighboring
property and shows the proposed location of all lighting.
B.
Upon receipt of a completed application with the required fee, the
application shall be referred to the Planning Board for its review
and comment. The Planning Board shall review the site plan to determine
if the proposed site plan and hours of operation are satisfactory
based upon the location of the proposed agribusiness and/or agritourism
business and its proximity to other residential properties in the
applicable zoning district. The Planning Board shall then forward
the application together with their recommendations to the Town Board.
C.
The completed application with site plan along with the recommendations
of the Planning Board shall then be forwarded to the Town Board. The
Town Board shall review the application and order a public hearing,
which notice of public hearing must be published at least two weeks
prior to the public hearing. Written notice of the public hearing
for all applications shall be provided to the owners of property within
1,000 feet of the proposed location of the agribusiness and/or agritourism
business. Such written notice shall also advise property owners that
written comments may be forwarded to the Town Board prior to the public
hearing with comments that are accompanied by the name and address
of the person providing the comments to be made part of the record.
D.
The Town Board will then determine whether the special use permit
to conduct the agribusiness and/or the agritourism business shall
be granted and may set forth specific conditions in such permit. The
special permit shall be permanent but subject to revocation if the
agribusiness or agritourism business is not operated in accordance
with the conditions of the special use permit.
Wedding or private event facilities shall be permitted in the
Residential/Agricultural (RA) and Conservation/Agricultural (CA) Districts
on securing a special use permit from the Town Board of the Town of
Busti, provided that:
A.
No vehicles associated with the event shall be permitted to be parked
on public roadways. All vehicle parking shall be maintained "on site."
"On site" is defined as at least 30 feet from the property boundaries
of the parcel on which the event is permitted.
B.
One parking space for every three persons attending the event shall
be provided for on-site parking. The Board may approve, in its discretion,
the use of off-site parking as an alternative, with transportation
to the site by attendees through a commercial transportation service.
C.
The general event area [the actual location(s) in which the gathering
is to occur] shall be located 200 feet from adjacent owner's
property lines. All activities associated with the use are to be included
within the general event area, the only exception being the parking
as allowed above.
D.
Sources of amplified sound, including, but not limited to, recorded
music, live musical performances, and spoken word shall commence no
earlier than 12:00 noon and shall be terminated by 10:00 p.m. on Sunday
through Thursday and at midnight on Friday and Saturday nights.
E.
No overnight accommodations shall be allowed in temporary structures
such as tents or recreational vehicles. Any venues which provide overnight
accommodations must comply with all applicable codes and laws related
to the provision of said accommodations.
F.
Adequate sanitary restroom facilities shall be provided on site.
G.
The Town Board recognizes that no regulation can anticipate every
creative plan that may be devised, which, though not in strict compliance
with the provisions of this subsection, nevertheless, is not objectionable.
Accordingly, the Town Board is hereby empowered to grant relief to
an applicant from the strict application of this subsection where
the applicant provides sufficient grounds for a finding that the proposed
use comports as much as feasible with the spirit and letter of this
subsection and, though not in strict compliance therewith, remains
aesthetically pleasing, promotes traffic safety, protects neighboring
properties, and preserves property values within the Town of Busti.
A.
Purpose. It is the intent of this section to minimize safety, health,
and aesthetically related problems by controlling the storage of trash
in accordance with the needs of each district.
B.
Conditions for temporary storage.
(1)
Quantity. Trash may be temporarily stored or collected if it
does not exceed the following limits. More than the maximum shall
require a special use permit.
|
District
|
Maximum Cubic Feet
|
|---|---|
|
CMR, HC, RMD, CA, RA, CAMP, LC
|
300
|
|
LMR, I
|
500
|
|
C, LR, RHD, H
|
50
|
(2)
Only trash originating from the parcel on which it is placed
shall be allowed.
(3)
Location. Trash must be stored in one contiguous location. All
new accumulations of trash shall be placed a minimum of 200 feet from
any parcel boundary or public roadways if the parcel size permits.
(4)
Buffer. Trash, to the greatest degree possible, shall be located
so as to be not visible from adjacent properties and roadways or buffering
may be required.
(5)
Disposal. Trash shall be stored only as long as necessary and
shall be disposed of in a timely manner, not to exceed 30 days.
(6)
Preexisting. These conditions shall apply to all trash existing
at the time of enactment of this chapter.
C.
Metal dumpsters. In the RHD, LR, H and C Districts, all dumpsters,
excluding construction size dumpsters, located on a site for 30 days
or more shall comply with the following regulations:
The following shall apply to storage sheds in all districts:
A.
All front yard setbacks shall apply.
B.
For storage sheds 144 square feet or less, a five-foot side yard
and rear yard setback from the property line shall be applied. If
the size is greater than 144 square feet, all setback requirements
of the zoning district shall apply.
C.
The height shall not exceed 14 feet.
D.
The roof pitch shall be no less than 4/12.
E.
There shall be a maximum of two sheds per parcel and the two sheds
may not be connected.
F.
Plumbing within a storage shed is prohibited.
G.
The exterior siding shall be uniform in appearance and must reflect
a residential character. Materials may include but not be limited
to clapboards, simulated clapboards, such as conventional vinyl or
metal siding, wood shingles, shakes, board and batten or similar material.
A.
Purpose. The purpose of this section is to promote the health, safety
and general welfare of the residents of the Town of Busti; to provide
standards for the safe provision of communications consistent with
applicable federal and state regulations; to minimize the total number
of communication towers in the community by encouraging shared use
of existing and future towers and the use of existing tall building
and other high structures; and to minimize adverse visual effects
from communication towers by requiring careful siting, visual impact
assessment, and appropriate landscaping, thereby protecting the natural
features and aesthetic character of the Town of Busti with special
attention to the scenic value of Chautauqua Lake.
B.
Application of special use regulation.
(1)
No communication tower, except those approved prior to the effective
date of this section, shall be used unless in conformity with these
regulations. No communication tower shall hereafter be erected, moved,
reconstructed, changed or altered unless in conformity with these
regulations. No existing structure shall be modified to serve as a
communication tower unless in conformity with these regulations.
(2)
Applicants proposing to co-locate on a previously approved communication tower do not require a special permit. They are, however, subject to site plan review in accordance with Subsection H of this section. The Planning Board (the Board) may require the applicant to submit any of the items under Subsection C(1) below as part of the site plan review process.
(3)
These regulations shall apply to all property within the following
districts: I and CAMP. Communication towers shall be specifically
excluded from all other districts.
C.
Shared use of existing tall structures. At all times, the shared
use of existing tall structures (for example: municipal water towers,
multistory buildings, farm silos, etc.) and existing or approved towers
shall be preferred to the construction of new towers.
(1)
An applicant proposing to share use of an existing tall structure
shall be required to submit:
(a)
A completed application for special permit.
(b)
Documentation of intent from the owner of the existing facility
to allow shared use.
(c)
A site plan. The site plan shall show all existing and proposed
structures and improvements, including antennas, roads, buildings,
guy wires and anchors, parking and landscaping, and shall include
grading plans for the new facilities and roads. Any methods used to
conceal the modification of the existing facility shall be indicated
on the site plan.
(d)
An engineer's report, certifying that the proposed shared
use will not diminish the structure and explaining what modifications,
if any, will be required in order to certify the above.
(e)
A completed EAF and completed visual EAF addendum.
(f)
A copy of its Federal Communications Commission (FCC) license.
(2)
If an applicant proposing to share use of an existing tall structure submits complete and satisfactory documentation in accordance with Subsection C(1) above, and if modifications indicated according to Subsection C(1) are deemed insignificant by the Board, after the Board conducts a hearing and complies with all SEQRA provisions, the Board shall grant a special permit without further review under this section. If the Board determines that any modifications indicated according to Subsection C(1) are significant, it may require further review according to Subsections H through P below.
D.
New communication tower. The Board may consider a new communication
tower when the applicant demonstrates that shared use of existing
tall structures and existing or approved towers is impractical. An
applicant shall be required to present an adequate report inventorying
all existing tall structures and existing or approved towers within
a reasonable distance of the proposed site. This distance shall be
determined by the Board in consultation with the applicant. The report
shall outline opportunities for shared use of these facilities as
an alternative to a proposed new tower. The report shall demonstrate
good faith efforts to secure shared use from the owner of each as
documentation of the physical, technical and/or financial reasons
why shared usage is not practical in each case. Written requests and
responses for shared use shall be provided.
E.
Shared usage of an existing tower site for the placement of new tower. Where shared use of existing tall structures and existing or approved towers is found to be impractical, the applicant shall investigate shared usage of an existing tower site for its ability to accommodate new tower and accessory uses. Documentation and conditions shall be in accordance with Subsection D above. Any proposals for a new communication tower on an existing tower site shall be subject to the requirements of Subsections G through Q below.
F.
New tower at new location. The Board may consider a new communications tower on a site not previously developed with an existing tower when the applicant demonstrates that shared use of existing tall structures and existing or approved towers is impractical and submits a report as described in Subsection D above and when the Board determines that shared use of an existing tower site for a new tower is undesirable based upon the applicant's investigation in accordance with Subsection E. Any proposal for a new communication tower shall also be subject to the requirements of Subsections G through Q below.
G.
New towers: future shared use. The applicant shall design a proposed
new communication tower to accommodate future demand for reception
and transmitting facilities. The applicant shall submit to the Board
a letter of intent committing the owner of the proposed new tower,
and his/her successors in interest, to negotiate in good faith for
shared use of the proposed tower by other communications providers
in the future. This letter shall be filed with the Code Enforcement
Officer prior to issuance of a building permit. The letter shall commit
the new tower owner and his/her successor in interest to:
(1)
Respond within 90 days to a request for information from a potential
shared-use applicant.
(2)
Negotiate in good faith concerning future requests for shared
use of the new tower by other communications providers.
(3)
Allow shared use of the new tower if another communications
provider agrees, in writing, to pay reasonable charges. The charge
may include but is not limited to a pro rata share of the cost of
site selection, planning, project administration, land costs, site
design, construction and maintenance financing, return on equity,
and depreciation, and all of the costs of adapting the tower or equipment
to accommodate shared use without causing electromagnetic interference.
H.
Site plan review: submission requirements. The applicant shall submit
the following:
(1)
An applicant shall be required to submit a site plan which shall
show all existing and proposed structures, including lighting, and
improvements, including roads, buildings, tower(s), guy wires and
anchors, antennas, parking and landscaping, and shall include grading
plans for new facilities and roads.
(2)
Supporting documentation. The applicant shall submit a complete
short EAF, a complete visual assessment form (visual EAF addendum),
and documentation on the proposed intent and capacity of use as well
as a justification for the height of any tower and justification for
any clearing required. The applicant shall also submit a copy of its
FCC license.
I.
Lot size and setbacks. All proposed communication tower accessory
structures shall be located on a single parcel and shall be set back
from abutting parcels and street lines a distance sufficient to substantially
contain on site all icefall or debris from tower failure and preserve
the privacy of any adjoining residential properties.
(1)
Lot size of parcels containing a tower shall be determined by
the amount of land required to meet the setback requirements. If the
land is to be leased, the entire area required shall be leased from
a single parcel, unless the Board determines that this provision may
be waived.
(2)
Communication towers shall comply with all existing setback
requirements of the underlying zoning district or shall be located
with a minimum setback from any property line equal to at least 500
feet or 30% of the height of the tower, whichever is greater. Accessory
buildings shall comply with minimum setback requirements in the underlying
zoning district.
J.
Visual impact assessment. The Board may require the applicant to
undertake a visual impact assessment, which may include:
(1)
A "zone of visibility map" shall be provided in order to determine
locations where the tower may be seen.
(2)
Pictorial representations of before and after views from any
key viewpoints both inside and outside of the Town, including, but
not limited to, state highways and other major roads, state and local
parks, Chautauqua Lake, other public lands, preserves and historic
sites normally open to the public, and from any other location where
the site is visible to a large number of visitors or travelers. The
Board shall determine the key sites at a presubmission conference
with the applicant.
K.
New tower design. Alternate designs shall be considered for new towers,
including lattice and single pole structures. The design of a proposed
new tower shall comply with the following:
(1)
Any new tower shall be designed to accommodate future shared
use by other communication providers.
(2)
Unless specifically required by other regulations, a tower shall
have a finish that minimizes its degree of visual impact.
(3)
The maximum height of any new tower shall not exceed that which
shall permit operation with only that artificial lighting prescribed
by state and/or federal law and/or regulation. The Board, at its discretion,
may modify this requirement if the applicant can justify the need
to exceed this height limitation.
(4)
No lighting shall be permitted unless required by the Federal
Aviation Administration. If tower lighting is necessary, the applicant
shall fully disclose to the Board all lighting options. Only the minimal
amount of tower lighting necessary to meet state and/or federal laws
and/or regulations shall be authorized. Light pollution or light spillover
to the nearby and distant properties shall be minimized to the greatest
degree possible by use of shielding. The Board shall, upon review,
approve only the lighting scheme that it determines to be least obtrusive
to the affected properties.
(5)
The Board may request a review of the application by a qualified
engineer in order to evaluate the need for and the design of any new
tower.
(6)
Accessory buildings shall maximize the use of building materials,
colors and textures designed to blend with the natural surroundings.
(7)
A sign shall be conspicuously placed near the base of a tower,
and it shall generally state that danger exists and no access is permitted.
No portion of any tower or accessory building shall be used for a
sign other than as stated or for any other advertising purpose, including,
but not limited to, company name, phone numbers, banners and streamers.
L.
Existing vegetation. Existing on-site vegetation shall be preserved
to the maximum extent possible. No cutting of trees exceeding four
inches in diameter (measured at a height four feet off the ground)
shall take place prior to the approval of the special permit.
M.
Screening. Deciduous or evergreen trees planting may be required
to screen portions of the tower and accessory buildings from nearby
residential property as well as from public sites known to include
important views or vistas. Where a site abuts a residential property
or public property, including streets, screening shall be required.
N.
Access. Adequate emergency and service access shall be provided.
Maximum use of existing roads, public or private, shall be made. Road
grades shall closely follow natural contours to ensure minimal visual
disturbance and reduce soil erosion potential.
O.
Parking. Parking shall be provided to ensure adequate emergency and
service access. The Board shall determine the number of required spaces,
based upon a recommendation from the applicant. Two parking spaces
shall be located in any required yard.
P.
Fencing. The tower and any accessory building shall be adequately
enclosed by a fence, the design of which shall be approved by the
Board. This requirement may be waived by the Board if the applicant
demonstrates that such measures are unnecessary to ensure the security
of the facility.
Q.
Inspections and removal. Periodic inspections of all towers shall be required every five years. Inspections shall be conducted by a licensed engineer. Based on the results of an inspection, repair or removal of a tower may be required. Tower owners shall remove all towers and accessory buildings that are unused for a twelve-month period. Tower owners shall notify the Code Enforcement Officer of such non-use. Removal shall be within six months of written notification to the Town or 90 days of written notification from the Town. Owners may request a special use permit hearing to request an extension of time for removal for just cause. Failure to notify and/or remove an unused tower in accordance with these regulations shall be a violation of this chapter and shall be punishable according to Article XI of this chapter.
Utility distribution facilities, including electrical distribution
substations, compressor stations, and other public utility structures,
shall be allowed in the CA, CAMP and I Districts by securing a special
use permit from the Planning Board of the Town of Busti, provided
as follows:
A.
Purpose. The purpose of this section is to promote the health, safety
and general welfare of the residents of the Town of Busti; to provide
standards for the safe provision of utility distribution facilities
consistent with applicable federal and state regulations; to minimize
the total number of utility distribution facilities in the community
by encouraging use of such facilities; and to minimize adverse visual,
sound and odor effects from utility distribution facilities by requiring
careful siting, visual impact assessment, and appropriate landscaping,
thereby protecting the natural features and aesthetic character of
the Town of Busti with special attention to the scenic value of Chautauqua
Lake.
B.
Application of special use regulation.
(1)
Utility distribution facilities, except those approved prior
to the effective date of this section, may not continue to be used
unless in conformity with these regulations. No utility distribution
facility shall hereafter be erected, moved, reconstructed, changed
or altered unless in conformity with these regulations. No existing
structure shall be modified to serve as a utility distribution facility
unless in conformity with these regulations.
(2)
Applicants proposing to co-locate on a previously approved utility distribution facility do not require a special permit. They are, however, subject to site plan review in accordance with Subsection H. The Zoning Board of Appeals (the Board) may require the applicant to submit any of the items under Subsection C(1) below as part of the site plan review process.
(3)
These regulations shall apply to all property within the following
districts: CAMP, CA and I Districts. Utility distribution facilities
shall be specifically excluded from all other districts.
(4)
These regulations shall not apply to residential standby generators
designed to be used infrequently during time of emergency.
C.
Shared use of existing tall structures. At all times, the shared
use of existing utility distribution facilities shall be preferred
to the construction of new towers.
(1)
An applicant proposing to share use of utility distribution
facilities shall be required to submit:
(a)
A completed application for a special permit.
(b)
Documentation of intent from the owner of the existing facility
to allow shared use.
(c)
A site plan. The site plan shall show all existing and proposed
structures and improvements, including antennas, roads, buildings,
guy wires and anchors, parking and landscaping, and shall include
grading plans for the new facilities and roads. Any methods used to
conceal the modification of the existing facility shall be indicated
on the site plan.
(d)
An engineer's report, certifying that the proposed shared
use will not diminish the facility and explaining what modifications,
if any, will be required in order to certify the above.
(e)
A completed short EAF and a completed visual EAF addendum.
(f)
Demonstrate that no additional noise or odor shall emanate from
the facility.
(2)
If an applicant proposing to share use of an existing utility distribution facility submits complete and satisfactory documentation in accordance with Subsection C(1) above, and if modifications indicated according to Subsection C(1) are deemed insignificant by the Board, after the Board conducts a hearing and complies with all SEQRA provisions, the Board shall grant a special permit without further review under this section. If the Board determines that any modifications indicated according to Subsection C(1) are significant, it may require further review according to Subsections H through Q below.
D.
New utility distribution facilities. The Board may consider new utility
distribution facilities when the applicant demonstrates that shared
use of existing facilities is impractical. An applicant shall be required
to present an adequate report inventorying all existing utility distribution
facilities within a reasonable distance of the proposed site. This
distance shall be determined by the Board in consultation with the
applicant. The report shall outline opportunities for shared use of
these existing facilities as an alternative to a new facility. The
report shall demonstrate good faith efforts to secure shared use from
the owner of each as documentation of the physical, technical and/or
financial reasons why shared usage is not practical in each case.
Written requests and responses for shared use shall be provided.
E.
Shared usage of an existing utility distribution facilities: (Reserved).
F.
New utility distribution facilities at new location. The Board may consider new utility distribution facilities on a site not previously developed with an existing utility distribution facility when the applicant demonstrates that shared use of existing facilities is impractical and submits a report as described in Subsection D above, and when the Board determines that shared use of an existing utility distribution facility is undesirable based upon the applicant's investigation in accordance with Subsection E. Any proposal for a new utility distribution facility shall also be subject to the requirements of Subsections G through P below.
G.
New utility distribution facility, future shared use. The applicant
shall design a proposed new utility distribution facilities to accommodate
future demand for transmission for such facility. The applicant shall
submit to the Board a letter of intent committing the owner of the
proposed utility distribution facility and his/her/its successors
in interest to negotiate in good faith for shared use of the proposed
utility distribution facility by other utility providers in the future.
This letter shall be filed with the Code Enforcement Officer prior
to issuance of a building permit. The letter shall commit the new
utility distribution facility and his/her/its successor in interest
to:
(1)
Respond within 90 days to a request for information from a potential
shared-use applicant.
(2)
Negotiate in good faith concerning future requests for shared
use of the new facility by other utility providers.
(3)
Allow shared use of the new utility distribution facility if
another utility provider agrees, in writing, to pay reasonable charges.
The charge may include but is not limited to a pro rata share of the
cost of site selection, planning, project administration, land costs,
site design, construction and maintenance financing, return on equity,
and depreciation, and all of the costs of adapting the utility distribution
facilities or equipment to accommodate shared use.
H.
Site plan review, submission requirements. The applicant shall submit
the following:
(1)
An applicant shall be required to submit a site plan which shall
show all existing and proposed structures, including lighting, and
improvements, including roads, buildings, tower(s), guy wires and
anchors, antennas, parking and landscaping, and shall include grading
plans for new facilities and roads.
(2)
The plan shall ensure that the utility distribution facilities
shall be in a completely enclosed structure which conforms in character
and appearance to other buildings located within 1,500 feet of the
proposed structure.
(3)
The facility plan shall show that the facility shall be located
at least 500 feet from any property boundary line and at least 750
feet from any current structure.
(4)
The facility plan shall show that it does not involve business
offices, storage areas or structures requiring trucking or other truck
movements.
(5)
Supporting documentation. The applicant shall submit a complete
short EAF, a complete visual assessment form (visual EAF addendum),
noise assessment form (noise EAF addendum) and documentation on the
proposed intent and capacity of use, as well as a justification for
the height of any utility distribution facilities and justification
for any clearing required.
I.
Lot size and setbacks. All proposed utility distribution facilities'
accessory structures shall be located on a single parcel and shall
be set back from abutting parcels and street lines a distance sufficient
to substantially preserve the privacy of any adjoining residential
properties.
(1)
Lot size of parcels containing utility distribution facilities
shall be determined by the amount of land required to meet the setback
requirements. If the land is to be leased, the entire area required
shall be leased from a single parcel, unless the Board determine that
this provision may be waived.
(2)
Utility distribution facilities shall be located with a minimum
setback from any property line equal to at least 500 feet and 750
feet from any existing structure on an adjoining parcel. Accessory
buildings shall comply with minimum setback requirements in the underlying
zoning district.
J.
Visual/noise/odor impact assessments. The Board may require the applicant
to undertake visual and noise impact assessments, which may include:
(1)
A "zone of visibility map" and/or "zone of noise penetration"
and/or "zone of odor penetration map" shall be provided in order to
determine where the facility may be seen and what noise or odor will
be emanating from it.
(2)
Pictorial representations of before and after views from any
key viewpoints both inside and outside of the Town, including, but
not limited to, state highways and other major roads, state and local
parks, Chautauqua Lake, other public lands, preserves and historic
sites normally open to the public, and from any other location where
the site is visible to a large number of visitors or travelers. The
Board shall determine the key sites at a presubmission conference
with the applicant.
(3)
Assessment of the alternative facility designs and color schemes, as described in Subsection K below.
(4)
Engineering studies showing likely noise impacts upon properties
within a 2,000-foot radius of the facility as well as alternate designs
to reduce or eliminate the transmission of noise to areas outside
the walls of the utility distribution facilities.
(5)
Studies to show that no odor will emanate from the facility.
(6)
Studies to show the anticipated amount of traffic to/from the
facility and the efforts made to mitigate its impact on neighboring
properties.
K.
New facility design. Alternate designs shall be considered for new
facilities, including underground. The design of a proposed new utility
distribution facility shall comply with the following:
(1)
Any new utility distribution facilities shall be designed to
accommodate future shared use by other utility providers.
(2)
Unless specifically required by other regulations, a utility
distribution facility shall have a finish that minimizes its degree
of visual impact.
(3)
The maximum height of any new utility distribution facility
shall not exceed that which shall permit operation without artificial
lighting of any kind or nature, except as required by state and/or
federal law and/or regulation. The Board, at its discretion, may modify
this requirement if the applicant can justify the need to exceed this
height limitation.
(4)
No lighting shall be permitted unless required by state or federal
law. If facility lighting in necessary, the applicant shall fully
disclose to the Board all lighting options. Only the minimal amount
of lighting necessary to meet state and/or federal laws and/or regulations
shall be authorized. Light pollution or light spillover to the nearby
and distant properties shall be minimized to the greatest degree possible
by use of shielding. The Board shall, upon review, approve only the
lighting scheme that it determines to be least obtrusive to the affected
properties.
(5)
The Board may request a review of the application by a qualified
engineer in order to evaluate the need for and the design of any new
utility distribution facility, the cost of which shall be paid by
the applicant.
(6)
Accessory buildings shall maximize the use of building materials,
colors and textures designed to blend with the natural surroundings.
(7)
A sign shall be conspicuously placed near the base of a utility
distribution facility, and it shall generally state that danger exists
and that no access is permitted. No portion of any utility distribution
facility or accessory building shall be used for a sign other than
as stated or for any other advertising purpose, including, but not
limited to, company name, phone numbers, banners and streamers.
(8)
No noise shall be permitted to extend beyond the premises except
at a level of no more than 45 dBA for more than 30 minutes in a twenty-four-hour
period. The applicant shall fully disclose to the Board all noise
options. Only the minimal amount of noise necessary shall be authorized.
Noise pollution to nearby and distant properties shall be minimized
to the greatest degree possible by use of shielding, burying of noisemaking
devices, insulation, buildings and the use of technology. The Board
shall, upon review, approve only the noise levels and scheme that
it determines to be least obtrusive to the affected properties.
(9)
No odor shall be permitted to extend beyond the premises. The
applicant shall fully disclose to the Board all potential odor problems.
Odor pollution to the nearby and distant properties shall be prohibited
by the use of appropriate devices. The Board shall, upon review, approve
only the odor levels and scheme that it determines to be least likely
to allow odors to extend to adjacent or distant properties.
L.
Existing vegetation. Existing on-site vegetation shall be preserved
to the maximum extent possible. No cutting of trees exceeding four
inches in diameter (measured at a height four feet off the ground)
shall take place prior to the approval of the special permit.
M.
Screening. Facades may be required to be built and deciduous or evergreen
tree planting may be required to screen portions of the facility and
accessory buildings from nearby residential property as well as from
public sites known to include important views or vistas. Where a site
abuts a residential property or public property, including streets,
facades and screening shall be required where the facility is located
above ground.
N.
Access. Adequate emergency and service access shall be provided.
Maximum use of existing roads, public or private, shall be made. Road
grades shall closely follow natural contours to ensure minimal visual
disturbance and reduce soil erosion potential.
O.
Parking. Parking shall be provided to ensure adequate emergency and
service access. The Board shall determine the number of required spaces,
based upon a recommendation from the applicant. Two parking spaces
shall be located in any required yard.
P.
Fencing. The facility shall be adequately enclosed by a fence, the
design of which shall be approved by the Board. This requirement may
be waived by the Board if the applicant demonstrates that such measures
are unnecessary to ensure the security of the facility.
Q.
Inspections and removal. Periodic inspections of all towers shall be required every five years. Inspections shall be conducted by a licensed engineer at the owner's expense. Based on the results of an inspection, repair or removal of a facility may be required. Utility distribution facility owners shall remove all facilities and accessory buildings that are unused for a twelve-month period. Utility distribution facility owners shall notify the Code Enforcement Officer of such non-use. Removal shall be within six months of written notification to the Town or within 90 days of notification by the Town. Owners may request a special use permit hearing to request an extension of time for removal for just cause. Failure to notify and/or remove an unused utility distribution facility in accordance with these regulations shall be a violation of this chapter and shall be punishable according to Article XI of this chapter.
Golf courses shall be allowed in CAMP, CMR, RA and CA Districts;
outdoor recreational uses, including tennis, picnic groves, golf and
swimming, shall be allowed in the CAMP and CA Districts by securing
a special use permit from the Planning Board of the Town of Busti,
provided that:
A.
The Planning Board determines that the activities to be conducted
by the applicant shall not be detrimental to the neighborhood in which
the proposed activities are to be conducted, taking into consideration
the physical relationship of the proposed use or uses to the surrounding
structures, the probable hours of operation and the social activities
to be conducted on the premises. In this regard, the Planning Board
shall specifically make findings with respect to the proposed scheme
for lighting; the noise likely to be produced and proposals for abatement
of the same; the likelihood of traffic congestion; and the proposed
landscape;
B.
No clubhouse or principal building shall be located closer than 100
feet to any lot line;
C.
Parking spaces shall be provided as required by the zoning district
regulations or in such greater number as the Planning Board shall
determine to be necessary; and
D.
Rifle ranges, archery courses, skeet facilities, hunting reserves
and any other uses with similar safety hazards shall not be permitted.
Private communication towers shall be permitted by special use
permit issued by the Planning Board, provided as follows:
A.
Design.
(1)
No such proposed structure, including the tower, antenna, and
all associated components, shall exceed 80 feet in height as measured
from the lowest exterior grade on the proposed site, and no part of
the proposed structure shall extend beyond the applicant's property
boundary line and its vertical plane extension.
(2)
The proposed installation complies with all parts of NFPA 70,
Article 810.III of the National Electric Code.
(3)
The proposed tower is designed in accordance with generally
accepted engineering standards so that its construction and operation
will not pose a hazard to persons or property on the ground or in
the vicinity of the tower; any tower not specifically designed to
support an antenna or any tower privately built of components shall
be reviewed by a licensed professional engineer, who shall provide
to the Planning Board a sealed document attesting to the adequacy
of the proposed tower.
B.
C.
General impact mitigation.
(1)
The plans for the site (and the vegetation, screens, fencing
or other devices when completed) provide buffering of the site and
tower from adjoining land, to the extent possible.
(2)
No more than one such tower shall be constructed per parcel,
provided there is no evidence that the applicant subdivided his property
to thwart the spirit of this provision.
(3)
The applicant shall operate the tower in a manner so that it
does not become a public nuisance.
Self-storage facilities shall be permitted by special use permit
issued by the Planning Board in the CA District, provided as follows:
A.
That such self-storage facility shall be located on a parcel (or
on contiguous parcels under common ownership) comprising not less
than 100 acres;
B.
Shall be secondary to and in support of an existing commercial use
on the same parcel;
D.
Shall not be used for the storage of toxic, radioactive or other
substances harmful to the health, safety and welfare of the general
public nor for the outside storage of any items.
Secondary commercial tourism/recreation uses shall be allowed
in the Industrial (I) District by special use permit, provided as
follows:
A.
A secondary commercial tourism/recreation use, for the purpose hereof,
shall be defined as a use secondary to the primary manufacturing use
of a parcel designed to complement and support the primary use by
permitting the manufacturer to market its brand and provide facilities
and events of interest to its customer base, including but not limited
to, factory tours, restaurants or cafes selling products manufactured
on-site, retail shops, and other similar uses designed to attract
and entertain tourists and other customers of the manufacturing facility;
and
A.
Purpose. This battery energy storage system section is adopted to
advance and protect the public health, safety, welfare, and quality
of life of Town by creating regulations for the installation and use
of battery energy storage systems, with the following objectives:
(1)
To provide a regulatory scheme for the designation of properties
suitable for the location, construction and operation of battery energy
storage systems;
(2)
To ensure compatible land uses in the vicinity of the areas
affected by battery energy storage systems; and
(3)
To mitigate the impacts of battery energy storage systems on
environmental resources such as important agricultural lands, forests,
wildlife and other protected resources.
B.
ANSI
BATTERY
BATTERY ENERGY STORAGE SYSTEM
(1)
(2)
BATTERY MANAGEMENT SYSTEM (BMS)
BATTERY MODULE/PACK
BATTERY STRING
CELL
COMMISSIONING
DEDICATED-USE BUILDING
(1)
(2)
(3)
(4)
(a)
(b)
ENERGY CODE
ENERGY STORAGE MANAGEMENT SYSTEM (ESMS)
FIRE CODE
NATIONALLY RECOGNIZED TESTING LABORATORY (NRTL)
NEC
NFPA
NON-DEDICATED-USE BUILDING
NONPARTICIPATING PROPERTY
NONPARTICIPATING RESIDENCE
OCCUPIED COMMUNITY BUILDING
PARTICIPATING PROPERTY
POWER CONVERSION EQUIPMENT
UNIFORM CODE
Definitions. For purposes of this section, the following terms shall
have the meaning indicated:
American National Standards Institute.
A single cell with which can charge, discharge, and store
energy electrochemically. For the purposes of this section, batteries
utilized in consumer products are excluded from these requirements.
One or more devices, assembled together, capable of storing
energy in order to supply electrical energy at a future time, not
to include a stand-alone 12-volt car battery or an electric motor
vehicle. A battery energy storage system is classified as a Tier 1
or Tier 2 battery energy storage system as follows:
Tier 1 battery energy storage systems have an aggregate energy
capacity less than or equal to 600 kWh and, if in a room or enclosed
area, consist of only a single energy storage system technology.
Tier 2 battery energy storage systems have an aggregate energy
capacity greater than 600 kWh or are comprised of more than one storage
battery technology in a room or enclosed area.
An electronic system that protects and balances the battery
module/pack and battery string at the cell level that will disconnect
the affected battery string from electrical power to places it in
a safe condition if potentially hazardous such as over/under temperatures,
over/under voltage, over charge, over current or other conditions
are detected.
A group of cells connected together electrically in series,
in parallel, or a combination of both, which can charge, discharge,
and store energy electrochemically. For the purposes of this section,
batteries utilized in consumer products are excluded from these requirements.
A group of battery modules/packs connected together electrically
in series, to reach a desired DC voltage and has been tested per UL9540A
standards per the layout for its intended us.
The basic electrochemical unit, characterized by an anode
and a cathode, used to receive, store, and deliver electrical energy.
A systematic process that provides documented confirmation
that a battery energy storage system functions according to the intended
design criteria and complies with applicable code requirements.
A building that is built for the primary intention of housing
battery energy storage system equipment, is classified as Group F-1
occupancy as defined in the International Building Code, and complies
with the following:
The building's only use is battery energy storage, energy
generation, and other electrical grid-related operations.
No other occupancy types are permitted in the building.
Occupants in the rooms and areas containing battery energy storage
systems are limited to personnel that operate, maintain, service,
test, and repair the battery energy storage system and other energy
systems.
Administrative and support personnel are permitted in areas
within the buildings that do not contain battery energy storage system,
provided the following:
The areas do not occupy more than 10% of the building area of
the story in which they are located.
A means of egress is provided from the administrative and support
use areas to the public way that does not require occupants to traverse
through areas containing battery energy storage systems or other energy
system equipment.
The New York State Energy Conservation Construction Code
adopted pursuant to Article 11 of the Energy Law, as currently in
effect and as hereafter amended from time to time.
An electronic system integrates with the battery management
system, power conversion equipment, HVAC system, and external dispatch
controls to monitor the entire system as a whole that will disconnect
the affected battery string(s) from electrical power to places it
in a safe condition if potentially hazardous such as over/under temperatures,
over/under voltage, over charge, over current or other conditions
are detected.
The fire code section of the New York State Uniform Fire
Prevention and Building Code adopted pursuant to Article 18 of the
Executive Law, as currently in effect and as hereafter amended from
time to time.
A U.S. Department of Labor designation recognizing a private
sector organization to perform certification for certain products
to ensure that they meet the requirements of both the construction
and general industry OSHA electrical standards.
National Electric Code.
National Fire Protection Association.
All buildings that contain a battery energy storage system
and do not comply with the dedicated-use building requirements.
Any property that is not a participating property.
Any residence located on non-participating property.
Any building in Occupancy Group A, B, E, I, R, as defined
in the International Building Code, including, but not limited to,
schools, colleges, day-care facilities, hospitals, correctional facilities,
public libraries, theaters, stadiums, apartments, hotels, and houses
of worship.
A battery energy storage system host property or any real
property that is the subject of an agreement that provides for the
payment of monetary compensation to the landowner from the battery
energy storage system owner (or affiliate) regardless of whether any
part of a battery energy storage system is constructed on the property.
Electronic device or devices that convert energy such as
kinetic, electrical, PV solar, heat, etc., to compatible DC voltage
to allow transfer of power to and from a battery module/pack, or battery
string.
The New York State Uniform Fire Prevention and Building Code
adopted pursuant to Article 18 of the Executive Law, as currently
in effect and as hereafter amended from time to time.
C.
Applicability.
(1)
The requirements of this section shall apply to all battery
energy storage systems permitted, installed, or modified in the Town
of Busti after the effective date of this chapter, excluding general
maintenance and repair.
(2)
Battery energy storage systems constructed or installed prior
to the effective date of this chapter shall not be required to meet
the requirements of this chapter.
(3)
Modifications to, retrofits or replacements of an existing battery
energy storage system that increase the total battery energy storage
system designed discharge duration or power rating shall be subject
to this section.
D.
General requirements.
(1)
A building permit and an electrical permit shall be required
for installation of all battery energy storage systems.
(2)
Issuance of permits and approvals by the Town Board shall include
review pursuant to the State Environmental Quality Review Act.
(3)
All battery energy storage systems, all dedicated use buildings,
and all other buildings or structures that: 1) contain or are otherwise
associated with a battery energy storage system and 2) are subject
to the Uniform Code and/or the Energy Code shall be designed, erected,
and installed in accordance with all applicable provisions of the
Uniform Code, all applicable provisions of the Energy Code, and all
applicable provisions of the codes, regulations, and industry standards
as referenced in the Uniform Code, the Energy Code, and the Town Code.
E.
Permitting for Tier 1 battery energy storage systems. Tier 1 battery
energy storage systems shall be permitted in all zoning districts,
subject to the Uniform Code and the "Battery Energy Storage System
Permit," and exempt from site plan review.
F.
Permitting for Tier 2 battery energy storage systems. Tier 2 battery
energy storage systems are permitted through the issuance of a special
use permit within the Industrial (I), Conservation/Agricultural (CA),
and CAMP Districts, and shall be subject to the Uniform Code and the
site plan application requirements set forth in this section.
(1)
Applications for the installation of a Tier 2 battery energy
storage system shall be:
(a)
Reviewed by the Town Board for completeness.
[1]
An application shall be complete when it addresses all matters
listed in this chapter, including, but not necessarily limited to:
[a]
Compliance with all applicable provisions of the
Uniform Code and all applicable provisions of the Energy Code; and
[b]
Matters relating to the proposed battery energy
storage system and floodplain, utility lines and electrical circuitry,
signage, lighting, vegetation and tree-cutting, noise, decommissioning,
site plan and development, special use and development, ownership
changes, safety, and permit time frame and abandonment.
[2]
Applicants shall be advised within 20 business days of the completeness
of their application or any deficiencies that must be addressed prior
to substantive review.
(b)
Referred to the Town Planning Board for a report and recommendation.
(c)
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 five days in advance of
such hearing. Applicants shall have delivered the notice by first
class mail to adjoining landowners or landowners within 1,000 feet
of the property at least 10 days prior to such hearing. Proof of mailing
shall be provided to the Town Board at the public hearing.
(d)
Referred to the County Planning Department pursuant to General
Municipal Law § 239-m if required.
(e)
Upon closing of the public hearing, the Town Board shall take
action on the application within 62 days of the public hearing, which
can include approval, approval with conditions, or denial. The sixty-two-day
period may be extended upon consent by both the Town Board and the
applicant.
(f)
Shall undergo large scale fire testing per standard UL9540A
or equivalent test standard
(2)
Utility lines and electrical circuitry. 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.
(3)
Signage.
(a)
The signage shall be in compliance with ANSI Z535, NFPA 855,
NEC, and UL9540 and shall include the type of technology associated
with the battery energy storage systems, any special hazards associated,
the type of suppression system installed in the area of battery energy
storage systems, and twenty-four-hour emergency contact information,
including reach-back phone number.
(b)
As required by the NEC and local utility, 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.
(4)
Lighting. Lighting of the battery energy storage systems shall
be limited to that minimally required for safety and operational purposes
and shall be reasonably shielded and downcast from abutting properties.
(5)
Vegetation and tree-cutting. Areas within 10 feet on each side
of Tier 2 battery energy storage systems shall be cleared of combustible
vegetation and other combustible growth. Single specimens of trees,
shrubbery, or cultivated ground cover such as green grass, ivy, succulents,
or similar plants used as ground covers shall be permitted to be exempt
provided that they do not form a means of readily transmitting fire.
Removal of trees should be minimized to the extent possible.
(6)
Noise. The one-hour average noise generated from the battery
energy storage systems, components, and associated ancillary equipment
shall not exceed a noise level of 50 dBA as measured at the outside
wall of any non-participating residence or occupied community building.
Applicants may submit equipment and component manufacturers noise
ratings to demonstrate compliance. The applicant may be required to
provide Operating Sound Pressure Level measurements from a reasonable
number of sampled locations at the perimeter of the battery energy
storage system to demonstrate compliance with this standard.
(7)
Decommissioning.
(a)
Decommissioning plan. The applicant shall submit a decommissioning
plan, developed in accordance with the Uniform Code, to be implemented
upon abandonment and/or in conjunction with removal from the facility.
The decommissioning plan shall include:
[1]
A narrative description of the activities to be accomplished,
including who will perform that activity and at what point in time,
for complete physical removal of all battery energy storage system
components, structures, equipment, security barriers, and transmission
lines from the site;
[2]
Disposal of all solid and hazardous waste in accordance with
local, state, and federal waste disposal regulations;
[3]
The anticipated life of the battery energy storage system;
[4]
The estimated decommissioning costs and how said estimate was
determined;
[5]
The method of ensuring that funds will be available for decommissioning
and restoration;
[6]
The method by which the decommissioning cost will be kept current;
[7]
The manner in which the site will be restored, including a description
of how any changes to the surrounding areas and other systems adjacent
to the battery energy storage system, such as, but not limited to,
structural elements, building penetrations, means of egress, and required
fire detection suppression systems, will be protected during decommissioning
and confirmed as being acceptable after the system is removed; and
[8]
A listing of any contingencies for removing an intact operational
energy storage system from service, and for removing an energy storage
system from service that has been damaged by a fire or other event.
(b)
Decommissioning fund. The owner and/or operator of the energy
storage system, shall continuously maintain a fund or bond payable
to the Town, in a form approved by the Town for the removal of the
battery energy storage system, in an amount to be determined by the
Town, for the period of the life of the facility. This fund may consist
of a letter of credit from a State of New York licensed-financial
institution. All costs of the financial security shall be borne by
the applicant.
(8)
Site plan application. For a Tier 2 battery energy storage system
requiring a special use permit, site plan approval shall be required.
Any site plan application shall include the following information:
(a)
Property lines and physical features, including roads, for the
project site.
(b)
Proposed changes to the landscape of the site, grading, vegetation
clearing and planting, exterior lighting, and screening vegetation
or structures.
(c)
A three-line electrical diagram detailing the battery energy
storage system layout, associated components, and electrical interconnection
methods, with all National Electrical Code compliant disconnects and
over current devices.
(d)
A preliminary equipment specification sheet that documents the
proposed battery energy storage system components, inverters and associated
electrical equipment that are to be installed. A final equipment specification
sheet shall be submitted prior to the issuance of building permit.
(e)
Name, address, and contact information of proposed or potential
system installer and the owner and/or operator of the battery energy
storage system. Such information of the final system installer shall
be submitted prior to the issuance of building permit.
(f)
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 battery energy
storage system.
(g)
Zoning district designation for the parcel(s) of land comprising
the project site.
(h)
Commissioning plan. Such plan shall document and verify that
the system and its associated controls and safety systems are in proper
working condition per requirements set forth in the Uniform Code.
Where commissioning is required by the Uniform Code, Battery energy
storage system commissioning shall be conducted by a New York State
(NYS) Licensed Professional Engineer after the installation is complete
but prior to final inspection and approval. A corrective action plan
shall be developed for any open or continuing issues that are allowed
to be continued after commissioning. A report describing the results
of the system commissioning and including the results of the initial
acceptance testing required in the Uniform Code shall be provided
to the Town's Code Enforcement Officer prior to final inspection
and approval and maintained at an approved on-site location.
(i)
Fire safety compliance plan. Such plan shall document and verify
that the system and its associated controls and safety systems are
in compliance with the Uniform Code.
(j)
Operation and maintenance manual. Such plan shall describe continuing
battery energy storage system maintenance and property upkeep, as
well as design, construction, installation, testing and commissioning
information and shall meet all requirements set forth in the Uniform
Code.
(k)
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.
(l)
Prior to the issuance of the building permit or final approval
by the Town Board, but not required as part of the application, engineering
documents must be signed and sealed by a NYS Licensed Professional
Engineer.
(m)
Emergency operations plan. A copy of the approved Emergency
Operations Plan shall be given to the system owner, the local fire
department, and local fire code official. A permanent copy shall also
be placed in an approved location to be accessible to facility personnel,
fire code officials, and emergency responders. The emergency operations
plan shall include the following information:
[1]
Procedures for safe shutdown, de-energizing, or isolation of
equipment and systems under emergency conditions to reduce the risk
of fire, electric shock, and personal injuries, and for safe start-up
following cessation of emergency conditions.
[2]
Procedures for inspection and testing of associated alarms,
interlocks, and controls.
[3]
Procedures to be followed in response to notifications from
the Battery Energy Storage Management System, when provided, that
could signify potentially dangerous conditions, including shutting
down equipment, summoning service and repair personnel, and providing
agreed upon notification to fire department personnel for potentially
hazardous conditions in the event of a system failure.
[4]
Emergency procedures to be followed in case of fire, explosion,
release of liquids or vapors, damage to critical moving parts, or
other potentially dangerous conditions. Procedures can include sounding
the alarm, notifying the fire department, evacuating personnel, de-energizing
equipment, and controlling and extinguishing the fire.
[5]
Response considerations similar to a safety data sheet (SDS)
that will address response safety concerns and extinguishment when
an SDS is not required.
[6]
Procedures for dealing with battery energy storage system equipment
damaged in a fire or other emergency event, including maintaining
contact information for personnel qualified to safely remove damaged
battery energy storage system equipment from the facility.
[7]
Other procedures as determined necessary by the Town to provide
for the safety of occupants, neighboring properties, and emergency
responders.
[8]
Procedures and schedules for conducting drills of these procedures
and for training local first responders on the contents of the plan
and appropriate response procedures.
(9)
Special use permit standards.
(a)
Setbacks. Tier 2 battery energy storage systems shall be set
back a minimum of 200 feet from any property line and a minimum of
500 feet from any residential building, school, place of public worship
or designated historic district or landmark, and a minimum of 500
feet from any property within the Residential (R) District. If the
applicant controls multiple, contiguous parcels, only the exterior
boundary of the aggregated parcels shall be considered the "property
line" for purposes of determining setbacks.
[1]
The Town Board may consider requests to reduce these setback
distances by up to 50% where the battery energy storage system and/or
Dedicated-Use Building are designed to have the aesthetic appearance
of a building that would be typical in the Town of Busti, as opposed
to an undisguised box or trailer-like appearance.
[2]
The Town Board may consider requests to reduce these setback
distance to 10 feet where the battery energy storage system designed
in a one-hour fire rated enclosure and/or dedicated-use building when
installed in an Industrial (I), Conservation/Agricultural (CA), and
CAMP Districts.
(b)
Height. Tier 2 battery energy storage systems shall comply with
the building height limitations for principal structures of the underlying
zoning district, but in no case shall exceed 30 feet.
(c)
Fencing requirements. Tier 2 battery energy storage systems,
including all mechanical equipment, shall be enclosed by a fence at
least seven feet in height with a self-locking gate to prevent unauthorized
access unless housed in a dedicated-use building and not interfering
with ventilation or exhaust ports.
(d)
Screening and visibility. Tier 2 battery energy storage systems
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 and not interfering
with ventilation or exhaust ports.
(10)
Ownership changes. If the owner of the battery energy storage
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 battery energy storage system shall notify the
Code Enforcement Officer of such change in ownership or operator within
30 days of the ownership change. A new owner or operator must provide
such notification to the Code Enforcement Officer in writing. The
special use permit and all other local approvals for the battery energy
storage system would be void if a new owner or operator fails to provide
written notification to the Code Enforcement Officer in the required
timeframe. Reinstatement of a void special use permit will be subject
to the same review and approval processes for new applications under
this chapter.
G.
Safety.
(1)
System certification. Battery energy storage systems and equipment
shall be listed by a Nationally Recognized Testing Laboratory to UL
9540 (Standard for Battery Energy Storage Systems and Equipment) or
approved equivalent, with subcomponents meeting each of the following
standards as applicable:
(a)
UL 1973 (Standard for Batteries for Use in Stationary, Vehicle
Auxiliary Power and Light Electric Rail Applications).
(b)
UL 1642 (Standard for Lithium Batteries).
(c)
UL 1741SA or UL 62109 (Inverters and Power Converters).
(d)
Certified under the applicable electrical, building, and fire
prevention codes as required.
(e)
Alternatively, field evaluation by an approved testing laboratory
for compliance with UL 9540 (or approved equivalent) and applicable
codes, regulations and safety standards may be used to meet system
certification requirements.
(2)
Site access. Battery energy storage 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 2 battery energy storage
system is located in an ambulance district, the local ambulance corps.
(3)
Battery energy storage systems, components, and associated ancillary
equipment shall have required working space clearances, and electrical
circuitry shall be within weatherproof enclosures marked with the
environmental rating suitable for the type of exposure in compliance
with NFPA 70.
H.
Permit time frame and abandonment.
(1)
The special use permit and site plan approval for a battery
energy storage system shall be valid for a period of 12 months, provided
that a building permit is issued for construction and construction
is commenced. If construction is not completed in accordance with
the final site plan, as may have been amended and approved, as required
by the Town Board, within 24 months after approval, the Town may extend
the time to complete construction for 180 days. If the owner and/or
operator fails to perform substantial construction after 30 months,
the approvals shall expire.
(2)
The battery energy storage system shall be considered abandoned
when it ceases to operate consistently for more than one year. If
the owner and/or operator fails to comply with decommissioning upon
any abandonment, the Town may, at its discretion, enter the property
and utilize the available bond and/or security for the removal of
a Tier 2 battery energy storage system and restoration of the site
in accordance with the decommissioning plan.
I.
Reimbursement of fees and expenses.
(1)
An applicant shall reimburse the Town for any fee or expense
incurred in hiring subject matter experts and attorneys to review
whether a Battery Energy System proposed for siting pursuant to Article
10 of the New York Public Service Law or Article 94-c of the Executive
Law complies with the substantive provision of this chapter.
(2)
The applicable fees for any review or permit required by this
chapter shall be set from time to time by resolution of the Town Board.
(3)
An applicant for either state or local siting approval shall
deliver to the Town Board, along with its application, if local approval
is sought, or 180 days prior to the filing of an Article 10 or Article
94-C application, if applicable, an amount equal to 1% of the estimated
cost of the project (the "Initial Deposit"). This sum shall be held
by the Town in a non-interest-bearing account and shall be available
to the Town to pay consultants and attorneys engaged by the Town to
assist in its review of and preparation for an Article 10 or Article
94-c application. Should the Town be awarded intervenor funds, it
shall switch to and deplete those funds before making further use
of the Initial Deposit. Following the approval or denial of the state
or local application, the Town shall return to the applicant any excess
funds remaining in escrow. If the escrow account has been depleted
prior to approval or denial of the application, the applicant shall
deposit such funds necessary for the Town to pay any outstanding consulting
fees.
(4)
If the proposed battery energy storage system is related to
and part of a proposed solar energy system or Wind Energy System,
then the Town may hold a single escrow account for both projects.
J.
Waiver relief. The Town Board recognizes that no regulation can anticipate
every creative plan that may be devised, which, though not in strict
compliance with the provisions of this section, nevertheless, is not
objectionable. Accordingly, the Town Board is hereby empowered to
grant relief to an applicant from the strict application of this section
where the applicant provides sufficient grounds for a finding that
the proposal comports as much as feasible with the spirit and letter
of this Section and, though not in strict compliance therewith, remains
aesthetically pleasing, protects neighboring properties, and preserves
property values within the Town of Busti.
K.
Enforcement. Any violation of this battery energy storage system
section shall be subject to the same enforcement requirements, including
the civil and criminal penalties, provided for in the zoning or land
use regulations of Town.
