A.
Accessory buildings.
(1)
An accessory building may be located in any required
side or rear yard, provided that:
(2)
Accessory buildings constructed at the same time may
be located in pairs or groups in the required rear or side yard along
the common side lot line or rear lot line of contiguous lots.
(3)
An accessory building on that portion of a lot not
included in any required yard shall conform with the height regulations
for principal buildings.
(4)
No accessory building shall project nearer to the
street on which the principal building fronts than such principal
building. Should topographic conditions be such that practical difficulties
would be caused by this requirement with respect to the location of
garages, the Planning Board may authorize the erection of such garages
under the following conditions:
[Amended 9-16-1969 by Ord. No. 73]
B.
Corner lots.
(1)
Obstruction to vision at street intersections. At
all street intersections in all residence districts, no obstructions
to vision exceeding 30 inches in height above curb level shall be
erected or maintained on any lot within the triangle formed by the
street lines of such lot and a line drawn between points along such
street lines 30 feet distant from their point of intersection.
(2)
Rear and side yards. On a corner lot, front yards
are required on both street frontages, and one yard other than the
front yards shall be deemed to be a rear yard and the other, or others,
side yards.
C.
Exceptions to lot depth requirements. The required
lot depth at any point may be decreased by 25% if the average lot
depth conforms with the minimum requirement.
D.
Exceptions to yard requirements.
(1)
Permitted obstructions. Cornices or cantilevered roofs
may project not more than three feet into a required yard. Belt courses,
window sills and other ornamental features may project not more than
six inches into a required yard. Fences or walls over 6 1/2 feet
in height may not be erected in front, rear or side yards. Fences
or walls with a height in excess of 6 1/2 feet shall conform
to the requirements set forth herein for buildings. Paved areas (other
than such as are needed for access to the buildings on the lot) shall
not project within 15 feet of a street line or four feet of lot lines.
All fences shall be installed with the more attractive side facing
neighboring properties.
[Amended 9-16-1969 by Ord. No. 73; 4-12-2011 by L.L. No.
6-2011]
(2)
Entries and porticos. A roofed-over but unenclosed
projection in the nature of an entry or portico, not more than eight
feet wide and extending not more than six feet out from the front
wall of the building, shall be exempt from front yard requirements
when the building otherwise complies with all other yard restrictions
of this chapter.
(3)
Existing setback. No proposed one- or two-family dwelling
need have a setback greater than the average setback of the existing
dwellings within 200 feet of each side of the said proposed dwelling.
[Amended 9-16-1969 by Ord. No. 73]
(4)
Front yards on narrow streets. On streets with less
than a fifty-foot right-of-way, the front yard setback shall be measured
from the center line of the existing street, and 25 feet shall be
added to the front yard setback.
E.
Existing small lots. A lot owned individually and
separately, and separated in ownership from any adjoining tracts of
land on the effective date of this chapter, which has a total lot
area or lot width less than prescribed in this chapter, may be used
for a one-family residence, provided that such lot shall be developed
in conformity with all applicable district regulations other than
the minimum lot area, lot width and side yards.
[Amended 9-16-1969 by Ord. No. 73]
F.
Uniformity of design. In order to avoid monotony of
architectural design, no building permit shall be issued for the erection
of a home if it is substantially like any neighboring building which
is existing or for which a building permit has been issued or is being
concurrently considered.
[Amended 9-16-1969 by Ord. No. 73]
(1)
A building shall be considered neighboring if it fronts
on the same street as the building being considered and which is the
first or second house along the street in either direction or which
faces the building site being considered from across the street.
(2)
In considering those items listed in Subsection F(3), buildings shall be considered substantially alike in any dimension for which they differ by less than two feet, except 20 feet for setback differences. Buildings between which the only difference in relative location of elements is end-to-end or side-to-side reversal shall be deemed to be alike in related location of such elements.
(3)
Buildings shall be considered substantially alike
unless they differ in at least three of the following respects or
dimensions:
(a)
Setback from the street.
(b)
Relation of a garage visible from the street
to the main structure.
(c)
Length of the main roof ridge.
(d)
Height of the roof ridge above the first-floor
elevation.
(e)
Width measured perpendicular to the main roof
ridge if the building has a gable extending from the main roof visible
from the street.
(f)
Relationship to each other of either windows,
doors, chimney or any porch in the front elevation.
(4)
The Planning Board may waive or vary any requirement
of this subsection where the layout of the neighborhood, road pattern,
topography, natural features, views and the siting of individual structures
is such as to avoid monotony of appearance despite similarity of buildings.
G.
Portable
storage unit. A maximum of one portable storage unit may be placed
on any residentially used or zoned lot for a period not exceeding
nine months during any twelve-month period if the property owner possesses
a valid building permit, or for a period not exceeding three months
during any twelve-month period otherwise. Said storage unit shall
only be placed on a driveway or in a parking area, and not on lawns
or other vegetated areas.
[Added 4-12-2011 by L.L. No. 6-2011]
[Added 6-14-1994 by L.L. No. 3-1994]
A.
Except as required in § 200-24C(3) of this chapter, no lot shall be created unless it has at least 50 feet of frontage on a street or highway which has been suitably improved to town, county or state road standards or unless a performance guaranty has been posted for such improvement. Further, no building permit shall be issued for the establishment of any use or the construction of any structure unless the lot upon which such use is to be established or such structure is to be constructed meets the frontage requirements of this chapter.
B.
If the main portion of the lot derives its frontage
and access by means of a strip of land connecting the street and the
main portion of the lot, that strip of land shall also be at least
50 feet in width.
C.
Notwithstanding Subsections A and B immediately above, a lot owned individually and separately from any adjoining tracts of land on the effective date of this section and which has at least 15 feet of frontage on a street or highway as improved and described in Subsection A above shall be deemed to have sufficient frontage for the purpose of this chapter.
[Added 4-22-1975 by Ord. No. 84]
A.
In any residence district, the following animals may
be harbored, kept and/or raised for the sole benefit and use of the
occupants of the principal dwelling only, as an accessory use to a
principal use:
(1)
Dogs, cats and similar small animals usually maintained
as household pets within the principal dwelling and rabbits, poultry
and similar small domestic animals, occasionally maintained as pets
but usually maintained outside of a residence as farm animals, provided
that there shall be a maximum of four such animals over the age of
six months on lots of 1/4 acre or more and a maximum of two such animals
over the age of six months on lots less than 1/4 acre.
B.
Bees. In any zoning district, the keeping of bees
shall be permitted by permit through the Town Clerk's office and issued
by the Building Inspector or designee, subject to the following rules
and regulations:
[Amended 1-26-2021 by L.L. No. 1-2021]
(1)
Hive registration.
(a)
All honeybee colonies shall have their location and number of
hives registered annually with the Town of Ossining by the beekeeper
according to terms and conditions set forth by the Town Board, including
establishing a fee structure and permitting process.
(b)
The purposes of such registration are to maintain a record of
the number and location of each hive, to obtain the most current contact
and credential/education information in connection with each beekeeper
and to obtain a certification from each beekeeper acknowledging receipt
of a copy of this article and the most current rules and regulations
that may be promulgated pursuant to this section. A beekeeper shall
provide the Town any updates to the information contained in the annual
registration within 10 days of any change, including but not limited
to the abandonment or change in location of any hive.
(2)
Hive type. All bee colonies shall be kept in appropriately sized,
designed and maintained hives with removable frames, Langstroth type
or the equivalent, which shall be kept and maintained at all times
in sound and usable condition.
(4)
Control barrier. The beekeeper must establish a flyaway barrier adjacent
to hives encouraging the bee flight path away from the property. It
can be solid, vegetative or any combination of the two that forces
the bee's flight path in a desired direction according to best practices.
(5)
Food. Each beekeeper shall ensure that a convenient source (within
the hive property or near the hive or hives) of food that consists
of pollinator species is provided for the hive or hives. The plants
shall consist of a variety of pollinator species that will provide
blooms throughout the growing season.
(6)
Water. Each beekeeper shall ensure that a convenient source (near
the hive or hives) of water is available to the bees in sufficient
quantity as a function of number of hives, specifically at any time
during the year when temperatures are regularly 50° F. or higher
and the bees are active.
(7)
Purchasing and keeping of bees and queens; honeybee genetics and
defensive behavior.
(a)
Any colony of honeybees exhibiting defensive or angry behavior
must be addressed immediately. The beekeeper will make every effort
to minimize colony disruption after the defensive or angry behavior
determination. The beekeeper will also use good practices to minimize/prevent
a defensive colony swarming. Beekeepers must engage in all appropriate
best practices to avoid creating a beekeeping-related nuisance. Guidance
concerning examples of nuisance activity in the field of beekeeping
includes the following illustrative, as opposed to comprehensive,
list:
[1]
Bees from bee colonies that injure or threaten injury to persons,
domestic pets, or property;
[2]
The presence of bees from bee colonies on neighboring or nearby
properties in significant quantities;
[3]
Bees from bee colonies that engage in aggressive, swarming or
similarly objectionable behavior;
[4]
A bee colony housed in a hive which is placed so that the hive
or bee movement to/from such hive unreasonably interferes with pedestrian
traffic or persons residing on or adjacent to the property upon which
such hive is located;
[5]
A hive which is overcrowded, diseased, abandoned or maintained
in any condition or location where the bee colony cannot thrive.
(b)
All existing and new colonies will be managed to meet the spirit
and intent of these provisions in the judgment of the Building Inspector
or their designee, who retain the authority to revoke the beekeeping
permit if these standards are not met.
(8)
Absence. The beekeeper shall maintain a log on site recording significant
hive activities (such as disease infestation). If the beekeeper does
not reside on the property, or plans to be away, he/she or a knowledgeable
representative shall be available to visit during the months of higher
bee activity. The beekeeper shall provide contact information in case
of an emergency.
(9)
Use secondary, accessory and incidental to residential zoning districts.
Irrespective of whether a lot upon which beekeeping is proposed is
improved by a dwelling or not, beekeeping as permitted herein is to
be considered secondary, accessory and incidental to the underlying
potential residential use, as contrasted with a commercial use. Factors
to be considered in determining whether the use is secondary, accessory
and incidental, versus commercial, include the following:
(a)
That processing, bottling, labelling, shipping, or sale on site
shall be limited to the product of the bees on site. Honey produced
off site shall not be brought on site for sale or distribution.
[Added 10-3-2017 by L.L.
No. 6-2017]
A.
The maximum number of guest bedrooms shall be eight, and the minimum
lot size for the establishment of this use shall be as shown in the
following table:
|
Maximum Number of Guest Bedrooms
|
Minimum Lot Size
(square feet)
|
|---|---|
|
2
|
20,000
|
|
3
|
30,000
|
|
4
|
40,000
|
B.
Off-street parking shall be screened from adjacent residential properties
to the satisfaction of the approval authority.
C.
The outward appearance of the use shall be that of a one-family dwelling,
and there shall be no indication of the bed-and-breakfast establishment
from the exterior of the building, except for the sign.
D.
Seating for food and beverage service shall be limited to the number
of guests staying at the bed-and-breakfast establishment.
E.
There shall be no kitchen facilities in the guest bedrooms except
for a coffee maker and a small refrigerator.
F.
The bed-and-breakfast establishment shall be owner-occupied.
G.
The maximum length of stay for any guest at the bed-and-breakfast
establishment shall be two weeks.
A.
Height regulations.
[Amended 9-16-1969 by Ord. No. 73]
(1)
Where a lot has frontage on two or more streets or
other public rights-of-way, the height limitation shall apply only
as measured from the curb level along the street or way with the highest
elevation above sea level.
B.
Waiver of yards. No side yard or rear yard shall be
required where such yard abuts an operating railroad right-of-way.
C.
Courts. The minimum dimension of an inner court shall
not be less than twice the height of all surrounding walls. However,
in no case shall an inner court have a dimension of less than 30 feet.
(The height of walls surrounding an inner court shall be measured
from finished grade at the base thereof to the top of such wall, except
that, in the case of roofs with a slope exceeding five inches vertical
to 12 inches horizontal, the height shall be measured to the mean
point between the top of said wall and the highest point of the roof.)
The minimum dimension of an outer court shall be 20 feet, and its
depth shall not exceed its width.
A.
No sign, billboard, advertising display or structure,
poster or device shall be erected, moved, enlarged or reconstructed
except as expressly permitted in this chapter.
B.
The following types of signs or artificial lighting
are prohibited:
[Amended 9-16-1969 by Ord. No. 73]
(1)
Billboards.
(2)
Flashing or revolving or neon-lettered signs, including
any sign or device on which the artificial light is not maintained
stationary and constant in intensity and color at all times when in
use.
[Amended 6-19-1973 by Ord. No. 79]
(3)
Signs which compete for attention with or may be mistaken
for a traffic signal.
(4)
The outlining by direct illumination of all or any
part of a building, such as a gable, roof, side, wall or corner.
(5)
Signs made of cardboard, paper, canvas or similar
impermanent material, except those inside a window, which shall not
exceed an area in excess of 25% of the exposed window area.
[Amended 6-19-1973 by Ord. No. 79]
(6)
Roof signs.
[Added 6-19-1973 by Ord. No. 79]
A.
Off-street parking requirements. Off-street parking
spaces, open or enclosed, are permitted as accessory to any use, subject
to the following provisions:
(1)
Schedule of parking requirements. Accessory off-street
parking spaces, open or enclosed, shall be provided for any use as
specified herein. Reasonable and appropriate off-street parking requirements
for structures and uses which do not fall within the categories listed
shall be determined by the Planning Board upon consideration of all
factors entering into the parking needs of each such use.
[Amended 9-16-1969 by Ord. No. 73; 3-9-1993 by L.L. No. 3-1993; 6-13-2006 by L.L. No. 3-2006; 12-22-2015 by L.L. No. 12-2015; 10-3-2017 by L.L. No. 6-2017]
|
Use
|
Minimum Required Off-Street Parking Spaces
|
|---|---|
|
Accessory home occupation
|
2 in addition to spaces required for the residential
use, except that there shall be 4 for each doctor or dentist in addition
to spaces required for the residential use
|
|
Artist live/work space
|
1 space for each dwelling unit, plus 1/4 space for each bedroom,
plus 1/2 space for each live/work space containing retail area
|
|
Assisted living facility
|
0.5 for each resident
|
|
Athletic field
|
1 for each 10 seats
|
|
Banking use
|
10 plus 5 additional spaces for each person
in excess of 2 acting as tellers, including waiting spaces for drive-up
windows
|
|
Bed-and-breakfast establishment
|
1 space for each guest sleeping room, plus 2 spaces for the
dwelling unit, plus 1 space for each nonresident employee
|
|
Bowling alley or other center of public recreation
or amusement
|
5 for each bowling lane; all others: 1 per 100
square feet of floor space used for public recreation or amusement
|
|
Car washing establishment
|
10 stacking spaces per washing bay or 1 per
500 square feet of gross floor area, whichever is greater
|
|
Church, library, place of worship, theater,
auditorium or other place of assembly
|
1 for each 4 seats or pew spaces or, in places
without seats, 1 for each 50 square feet of floor space used for public
assembly
|
|
Dwellings, one- and two-family
|
2 for each dwelling unit
|
|
Dwelling, multifamily
|
2 for each dwelling unit plus 0.5 for each bedroom
more than 2 bedrooms
|
|
Funeral home
|
1 per 50 square feet of gross floor space in
assembly rooms or 1 for each 4 chapel seats, whichever is greater
|
|
Golf courses and other country clubs
|
1 for each 3 memberships
|
|
Hospital
|
1 for each 2 patient beds and 1 for each day
shift employee, including medical and service staff
|
|
Hotel, motel, tourist home or rooming house
|
1 for each guest sleeping room, plus 1 for each
employee, plus 1 for each permanent resident, plus additional spaces
for any accessory restaurant, public assembly space, retail or office
uses, etc., based upon the standards contained herein for such uses
|
|
Manufacturing or industrial use
|
1 per 600 square feet of gross floor area
|
|
Medical or dental office or clinic (other than
accessory to residential use)
|
4 per doctor and dentist plus 1 additional for
each technician and employee or 1 per 225 square feet of gross floor
area, whichever is greater
|
|
Motor vehicle sales
|
1 per 175 square feet of gross floor area
|
|
Motor vehicle service and/or repair
|
3 per service bay or 10, plus 1 space per 150
square feet of garage gross floor area, plus 1 per employee, whichever
is greater; plus stacking spaces for any gasoline pumps and additional
spaces for any accessory convenience retail use based upon the standards
contained herein for such use
|
|
Municipal firehouse
|
1 space per 200 square feet of gross floor area
|
|
Nursing home, sanatorium, convalescent home
or home for the aged, philanthropic or eleemosynary institution
|
1 for each 3 patient beds and 1 for each employee,
including medical and service staff
|
|
Office for business or professional use (other
than accessory to residential use)
|
1 per 300 square feet of gross floor area
|
|
Research or development laboratory
|
1 per 400 square feet of gross floor area
|
|
Restaurant, tavern and/or bar
|
1 for each 3 seats or 1 for each 75 square feet
of gross floor area, whichever is greater
|
|
Restaurant, fast-food
|
1 per 35 square feet of gross floor area plus
5 stacking spaces per drive-up window
|
|
Retail or service business
|
1 per 200 square feet of gross floor area
|
|
Schools, primary and secondary
|
1 per 3 to 5 assembly seats or 1 per employee
plus 1 per 5 students in 11th grade or above, whichever is greater
|
|
Veterinary office
|
1 per employee plus 1 per 50 square feet of
gross floor area
|
|
Warehouse, wholesale, storage, utility or other
similar commercial use
|
1 per 1,000 square feet of gross floor area
plus 1 per commercial vehicle
|
(2)
Area computed as parking spaces. Areas which may be computed as open or enclosed off-street parking spaces include any private garage, carport or other area available for parking, other than a street or a driveway. However, a driveway within a required front yard for a one-family or two-family residence may count as one parking space, other than on that portion of a corner lot which is subject to the provisions of § 200-25B(1).
[Amended 9-16-1969 by Ord. No. 73]
(3)
Size of spaces.
(a)
Two hundred seventy square feet shall be considered one parking space (to provide room for standing area and aisles for maneuvering). Entrance and exit lanes shall not be computed as parking space except for driveways and one-family and two-family residences as set forth in Subsection A(2). The minimum parking stall width shall be nine feet, and the minimum length shall be 18 feet. Driveways shall be at least 20 feet in width except for one-family and two-family residences.
(b)
Notwithstanding the subsection above, in retail,
office, research or development laboratory or manufacturing parking
lots having 50 or more spaces, the reviewing authority may allow up
to 25% of the spaces to be compact car spaces. The compact car spaces
must be grouped together and clearly designated as compact car parking
only. Two hundred twenty-four square feet shall be considered one
compact car parking space (to provide room for standing area and aisles
for maneuvering). Entrance and exit lanes shall not be computed as
parking space. The minimum parking stall width shall be eight feet,
and the minimum length shall be 16 feet.
(4)
Access. Unobstructed access to and from a street shall
be provided. Such access shall consist of at least one ten-foot lane
for parking areas with less than 20 spaces and at least two ten-foot
lanes for parking areas with 20 spaces or more. No entrance or exit
for any off-street parking area shall be located within 50 feet of
any street intersection.
(5)
Drainage and surfacing. All open parking areas shall
be properly drained, and all such areas shall be provided with a dustless
surface, except for parking spaces accessory to a one-family or two-family
residence.
(6)
Joint facilities. Required parking spaces, open or
enclosed, may be provided in spaces designed to serve jointly two
or more establishments whether or not located on the same lot, provided
that the number of required spaces in such joint facilities shall
be not less than the total required for all such establishments.
(7)
Combined spaces. When any lot contains two or more
uses having different parking requirements, the parking requirements
for each use shall apply to the extent of that use. Where it can be
conclusively demonstrated that one or more such uses will be generating
a demand for parking spaces primarily during periods when the other
use or uses are not in operation, the Planning Board may reduce the
total parking spaces required for that use to the least requirement.
[Amended 9-16-1969 by Ord. No. 73; 4-12-2011 by L.L. No.
6-2011]
(8)
Location and ownership.
[Amended 9-16-1969 by Ord. No. 73; 4-12-2011 by L.L. No.
6-2011]
(a)
Required accessory parking spaces, open or enclosed, shall be provided
upon the same lot as the use to which they are accessory or elsewhere,
provided that all spaces therein are located within 200 feet walking
distance of such lot. In all cases such parking spaces shall conform
to all the regulations of the district in which the parking spaces
are located, and in no event shall such parking spaces be located
in any residence district unless the use to which the spaces are accessory
are permitted in such residence districts or upon approval by the
Planning Board. Such spaces shall be in the same ownership as the
use to which they are accessory and shall be subject to deed restriction,
approved by the Planning Board, binding the owner and his heirs and
assigns to maintain the required number of spaces available either
throughout the existence of the use to which they are accessory or
until such spaces are provided elsewhere.
(b)
The parking of vehicles shall only take place on driveways and in
parking areas, and not on lawns or other vegetated areas. Notwithstanding
the above, the parking of vehicles may take place on lawns and other
vegetated areas during an event with prior notification to the Building
Inspector, when washing said vehicles or during and associated with
snow events. Not more than one unregistered vehicle may be parked
outdoors on any property at any one time.
(c)
The parking or storage of earth-moving equipment, contractor's equipment,
commercial snowplows or other similar equipment and machinery shall
be prohibited on all residentially used or zoned lots, unless such
equipment or machinery is directly involved with an active construction
project on said lot.
(9)
On lots divided by district boundaries. When a parking
lot is located partly in one district and partly in another district,
the regulations for the district requiring the greater number of parking
spaces shall apply to the entire lot. Parking spaces on such lot may
be located without regard to district lines, provided that no such
parking spaces shall be located in any residence district unless the
use to which they are accessory is permitted in such district, or
upon approval by the Planning Board.
[Amended 9-16-1969 by Ord. No. 73]
(10)
Waiver of parking requirements.
[Added 3-9-1993 by L.L. No. 3-1993]
(a)
Where the reviewing authority approving a site plan, conditional use permit or special permit application determines that less than the required number of parking spaces will satisfy the intent of this chapter, the reviewing authority may waive the requirement in part, but not in excess of 50% of the number required according to § 200-29A herein. In all cases, it shall be expressly demonstrated on the plan that sufficient space remains for the provision of the total amount of off-street parking required, and the plan shall bear such designation.
(b)
All such undeveloped parking space shall be
used and maintained as additional landscaped grounds until required
for parking. Written guaranties, satisfactory to the Town Attorney,
shall be submitted by the applicant for the eventual improvement of
any such spaces which may have been waived; such written guaranties
shall stipulate that the waived spaces shall be improved within six
months of the date of written notice to the property owner by the
reviewing authority that such spaces have been determined as necessary
and must be constructed by the property owner.
B.
Off-street loading requirements. Off-street loading
berths, open or enclosed, are permitted as accessory to any use (except
one- or two-family residences), subject to the following provisions:
[Amended 9-16-1969 by Ord. No. 73]
(1)
Uses for which required. Accessory off-street loading
berths shall be provided for any use specified herein:
[Amended 3-9-1993 by L.L. No. 3-1993]
(a)
For a public library, museum or similar quasi-public
institution or governmental building, community center, hospital or
sanitarium, nursing or convalescent home, institution for children
or the aged or school, with floor area of not more than 10,000 square
feet: one berth; for each additional 25,000 square feet or fraction
thereof: one additional berth.
(b)
For buildings with professional, governmental
or business offices or laboratory establishments, with floor area
of 10,000 to 25,000 square feet: one berth; for each additional 25,000
square feet or fraction thereof up to 100,000 square feet: one additional
berth; for each additional 50,000 square feet or fraction thereof:
one additional berth.
(c)
For buildings with offices and retail sales
and service establishments: one berth for 8,000 to 25,000 square feet
of floor area and one additional berth for each additional 35,000
square feet of floor area or fraction thereof so used.
(d)
For undertakers and funeral homes: one berth
for each chapel. Such berths shall be at least 10 feet wide, 20 feet
long and 14 feet high.
(e)
For hotels: one berth for each 30,000 square
feet of floor area.
(f)
For manufacturing, wholesale and storage uses
and for dry-cleaning and rug-cleaning establishments and laundries:
one berth for 5,000 to 10,000 square feet of floor area in such use
and one additional berth for each additional 20,000 square feet of
floor area or fraction thereof so used.
(2)
Size of spaces. Each required loading berth shall
be at least 12 feet wide, 35 feet long and 14 feet high for a single-unit
truck. Each required loading berth shall be at least 12 feet wide,
55 feet long and 14 feet high for a tractor-trailer truck.
[Amended 3-9-1993 by L.L. No. 3-1993]
(3)
Location and access. Unobstructed access, at least 10 feet wide, to and from a street shall be provided. Such access may be combined with access to a parking lot. All permitted or required loading berths shall be on the same lot as the use to which they are accessory, except as provided in Subsection B(4). No entrance or exit for any off-street parking area shall be located within 50 feet of any street intersection. No off-street loading berth shall be located in any front yard. If such berths are not enclosed, they shall be located not less than 200 feet from a residence district boundary in any municipality and effectively screened therefrom, as required in the case of parking areas in § 200-8E(7)(b) of this chapter.
(4)
Joint facilities. Permitted or required loading berths,
open or enclosed, may be provided in spaces designed to serve jointly
two or more adjacent establishments, provided that the number of required
berths in such joint facilities shall not be less than the aggregate
of all such requirements.
(5)
On lots divided by district boundaries. When a lot
is located partly in one district and partly in another district,
the regulations for the district requiring the greater number of loading
berths shall apply to the entire lot. Loading berths on such lot may
not be located in any residence district unless the use to which they
are accessory is permitted in such district or upon approval by the
Planning Board.
C.
Parking regulations in multiple-dwelling or attached-dwelling
developments. Wherever space is provided for the parking of five or
more vehicles in the open, such spaces shall be individually identified
by means of pavement markings. No parking space shall be located in
any front yard or within 10 feet of any lot line in side or rear yards.
The parking of motor vehicles is prohibited within 15 feet of any
wall or portion thereof of a two-or-more-family dwelling, which wall
contains windows (other than bathroom or kitchen windows) with a sill
height of less than eight feet above the level of the said parking
space. No service of any kind shall be permitted to be extended to
users of the lot, including automobile service, repair or fueling;
and no gasoline, oil, grease or other supplies shall be stored or
sold in any such lot or in any garage on such lot. Parking areas shall
be screened by a substantial wall, fence or thick hedge, approved
by the Planning Board. Generally such screening shall not be less
than three nor more than eight feet in height.
D.
Regulations for parking spaces adjacent to lots in
any residence district.
(1)
Wherever a parking area of over five spaces abuts
or is within 15 feet of the side or rear lot lines of a lot in any
residence district, said parking lot shall be screened from such adjoining
lot by a substantial wall, fence or thick hedge, approved by the Planning
Board. Generally, such screen shall be not less than three nor more
than eight feet in height.
[Amended 9-16-1969 by Ord. No. 73]
(2)
Whenever a parking area of over five spaces is located
across the street from other land in any residence district, it shall
be screened from the view of such land by a thick hedge, wall or fence,
approved by the Planning Board, located along a line drawn parallel
to the street and a distance of 20 feet therefrom, such screening
to be interrupted only at points of ingress and egress. Generally,
no such screening shall be less than three feet nor more than eight
feet in height. The open area between such screening and the street
shall be landscaped in harmony with the landscaping prevailing on
neighboring properties fronting on the same street. Two identification
and directional signs located on the street side of such screening
shall be permitted; however, they shall not exceed an area of three
square feet each.
E.
Driveways. No driveway shall provide access to a lot
located in another district, which lot is used for any use prohibited,
except residential, in the district in which such driveway is located.
[Amended 9-16-1969 by Ord. No. 73]
F.
Commercial vehicles.
(1)
One commercial vehicle not exceeding 25 feet in length
may be parked on an occupied lot in any residence district but not
within the required yards of such lot, and in no case between the
street line and the principal building.
(2)
One commercial vehicle not exceeding 25 feet in length
may be parked within a private garage in any residence district.
(3)
Commercial farm vehicles are permitted as accessory
to a commercial farm use in any residence district.
G.
Trailers, recreational vehicles (RVs), buses and boats.
[Amended 9-16-1969 by Ord. No. 73; 4-12-2011 by L.L. No.
6-2011]
(1)
The storage or parking and use of a trailer, recreational
vehicle or bus by any person or persons is hereby prohibited in all
districts, except that:
(a)
One camping trailer, recreational vehicle or
bus not over 25 feet in length may be stored, but not used for any
purpose, on an occupied lot in any residence district, provided that
such trailer, recreational vehicle or bus is not stored within any
required yard nor between the street line and the principal building.
(b)
Where a building permit has been issued for
the construction or alteration of a building, the Building Inspector
may issue a temporary permit for one trailer for a period not to exceed
six months. Said temporary permit may be extended for one additional
period of six months if the Building Inspector finds that construction
has been diligently pursued and that justifiable circumstances require
such an extension. Said trailer may be occupied during the term of
the temporary permit and shall be situated upon the lot for which
the building permit has been issued. Prior to the issuance of such
a temporary permit by the Building Inspector, the location of said
trailer on the lot shall be subject to Planning Board approval. Said
Board may attach to its approval whatever conditions shall be deemed
necessary to carry out the intent of this chapter.
(2)
Not more than one boat per dwelling unit may be stored
on an occupied lot in any residence district, provided that such boat
is not stored within any required yard nor between the street line
and the principal building.
The following uses are prohibited in all districts:
A.
Any use which is noxious, offensive or objectionable
by reason of the emission of smoke, dust, gas, odor or other form
of air pollution or by reason of the deposit, discharge or dispersal
of liquid or solid wastes in any form in a manner or amount so as
to cause permanent damage to the soil and stream or to adversely affect
the surrounding area or by reason of the creation of noise, vibration,
electromagnetic or other disturbance; or any use which involves any
dangerous fire, explosive, radioactive or other hazard or which causes
injury, annoyance or disturbance to any of the surrounding properties
or to their owners and occupants; and any other process or use which
is unwholesome and noisome and may be dangerous or prejudicial to
health, safety or general welfare.
[Amended 9-16-1969 by Ord. No. 73; 10-3-2017 by L.L. No. 6-2017]
B.
Artificial lighting facilities of any kind which cause illumination
beyond the property on which it is located in excess of 0.5 footcandle,
or the equivalent.
[Amended 10-3-2017 by L.L. No. 6-2017]
C.
Amusement parks and circuses and related activities,
except for a temporary period on special license from the Town Board.
[Amended 9-16-1969 by Ord. No. 73; 3-26-1985 by L.L. No.
2-1985; 8-13-1985 by Ord. No. 120; 6-23-1987 by L.L. No. 5-1987[1]]
A.
The general purposes and intent of cluster development
are to enable and encourage flexibility of design and development
of land in such a manner as to promote the most appropriate use of
land, to facilitate the adequate and economical provision of streets
and utilities, to preserve the natural and scenic qualities of open
lands, to protect areas of meaningful ecological value and to reserve
suitable lands for park and recreation purposes.
B.
The Planning Board is hereby authorized, simultaneously
with the approval of a subdivision plat, to modify applicable provisions
of this chapter, subject to the conditions set forth herein and in
§ 281 of the Town Law. This procedure may be followed:
(1)
When applied for by the owner of the land to be subdivided if, in the judgment and discretion of the Planning Board, its application would benefit the Town by satisfying one or more of the purposes set forth in Subsection A above; or
(2)
Where the Planning Board determines that its application would benefit the Town by satisfying one or more of the purposes set forth in Subsection A above and where the Planning Board determines that one or more of the criteria for cluster development, as set forth in the Town of Ossining Land Subdivision Regulations,[2] would be met. In this case, the Planning Board may require
the owner of the land to submit an application which reflects such
modifications of applicable provisions of this chapter.
C.
This authorization shall be applicable in all zoning
districts which permit residential development in the town.
D.
Except as specified in this section, all development
standards and controls of this chapter, the Land Subdivision Regulations[3] and of the Town Code which are otherwise applicable in
the district in which the property is located shall also be applicable
within any cluster development.
(1)
The permitted principal and accessory uses within
a cluster development shall be the same as those otherwise permitted
in the zoning district in which the property is located.
(2)
The number of building lots or dwelling units permitted
within a cluster development shall in no case exceed the number which
could have been permitted, in the judgment of the Planning Board,
if the land were subdivided into lots conforming to all normally applicable
requirements of this chapter, the Land Subdivision Regulations, the
Westchester County Department of Health Regulations and all other
applicable regulations and restrictions. The basis for this Planning
Board determination shall be a conventional subdivision sketch plan
as described in Section V.1. of the Land Subdivision Regulations,
plus such other information as may be required by said Board.
(3)
Bulk and parking regulations. Within the framework of the limitations set forth in this section and in § 281 of the Town Law, the Planning Board shall establish, on a case by case basis, the appropriate modifications of building and lot dimension requirements which said Board has determined are necessary or appropriate to properly accomplish the purposes and intent set forth in Subsection A above, consistent with the protection of private property values and the preservation of the character of land and buildings on neighboring sites.
[Amended 3-9-1993 by L.L. No. 3-1993]
(a)
If composed of attached dwelling units, a cluster development shall comply with the bulk regulations contained in § 200-22 for the Multifamily Residence District and the parking regulations contained in § 200-29A(1).
(b)
If composed of detached dwelling units, the cluster development shall comply with the bulk regulations contained in § 200-21 for the R-5 One-Family Residence District and the parking regulations contained in § 200-29A(1).
E.
The area proposed for a cluster development shall
be in single ownership or under unified control.
F.
Prior to the issuance of a building permit in a cluster development, a site plan shall be submitted to and approved by the Planning Board in accordance with § 200-50 and the following conditions:
(1)
Said site plan shall specify the areas within which
structures are proposed to be located, the height and spacing of buildings,
open spaces and their landscaping, off-street open and enclosed (if
any) parking spaces and streets, driveways and any other physical
features relevant to the proposed plan.
(2)
Said site plan shall include a statement setting forth
the nature of all proposed modifications of existing zoning provisions.
(3)
Said site plan shall be subject to review at the public
hearing or hearings held pursuant to §§ 276 and 277
of the Town Law for the approval of plats.
G.
Nothing contained in this chapter shall relieve the
owner or his agent or the developer of proposed cluster development
which includes a subdivision of land from receiving subdivision plat
approval in accordance with the Town Subdivision Regulations.[4] In approving the final plat for a cluster development, the Planning Board may modify the acreage requirement for recreation areas, provided that the common land dedicated in § 200-31H(5) of this chapter meets all other requirements of the Town Subdivision Regulations.[5]
H.
A cluster development shall be organized as one of
the following: a homes association approved by the Federal Housing
Administration for mortgage insurance as a planned unit development
and approved by the Town Board or a homes association approved by
the Town Attorney and Town Board or any other arrangements approved
by the Town Attorney and Town Board as satisfying the intent of this
chapter. Whenever a homes association is proposed, the Town Board
shall retain the right to review and approve the articles of incorporation
and charter of said homes association and to require whatever conditions
it shall deem necessary to ensure that the intent and purpose of this
chapter are carried out. In consideration of said approval, the Town
Board shall, in part, require the cluster development to meet the
following conditions:
(1)
The homes association shall be established as an incorporated,
nonprofit organization operating under recorded land agreements through
which each homeowner (and any succeeding owner) is automatically a
member and each home is automatically subject to a charge for a proportionate
share of the expenses for the organization's activities.
(2)
Title to all common property shall be placed in the
homes association, or definite and acceptable assurance shall be given
that it automatically will be so placed within a reasonable period
of time.
(3)
Each homeowner shall have equal voting rights in the
association and shall have the right to the use and enjoyment of the
common property.
(4)
Once established, all responsibility for operation
and maintenance of the common land and facilities shall lie with the
homes association.
(5)
Dedication of all common areas shall be recorded directly
on the subdivision plat and site plan or by reference on the plat
and site plan to a dedication in a separately recorded document. Resubdivision
of such areas is prohibited. The dedication shall:
(a)
Reserve the title of the common property for
the homes association free of any cloud of implied public dedication.
(b)
Commit the developer to convey the areas to
the homes association at an approved time.
(c)
Grant easements of enjoyment over the area to
the homeowners.
(d)
Give to the homes association the right to borrow
for improvements upon the security of the common areas.
(e)
Give to the homes association the right to suspend
membership rights for nonpayment of assessments or infraction of published
rules.
(6)
Covenants shall be established limiting all homes
to one-family use and all common lands to open space uses. No structures
may be erected on such common lands except as shown on the approved
site plan.
(7)
Each deed to each home sold shall include by reference
all recorded declarations, such as covenants, dedications and other
restrictions, including assessments and the provision for liens for
nonpayment of such.
(8)
The homes association shall be perpetual, shall purchase
insurance, shall pay taxes, shall specify in its charter and bylaws
an annual homeowner's fee and provision for assessments and shall
establish that all such charges shall become a lien on each property
in favor of said association. The homes association shall have the
right to proceed in accordance with all necessary legal action for
the foreclosure and enforcement of liens, and it shall also have the
right to commence action against any member for the collection of
any unpaid assessment in any court of competent jurisdiction.
(9)
The developer shall assume all responsibilities as
previously outlined for the homes association until a majority of
the dwellings are sold, at which time the homes association shall
be automatically established.
[Amended 8-13-1985 by Ord. No. 120]
(10)
Prior to site plan approval, the developer shall
file with the Town Board a performance bond to insure the proper installation
of all recreation and park improvements shown on the site plan and
a maintenance bond to insure the proper maintenance of all common
lands until the homes association is established. The amount and period
of said bonds shall be determined by the Planning Board, and the form,
sufficiency, manner or execution and surety shall be approved by the
Town Attorney and Town Board.
[1]
Editor's Note: This local law also stated that: "Prior to the Planning Board utilizing § 200-31, as amended, the Planning Board shall adopt rules and regulations setting forth the criteria pursuant to which an application for modification of zoning provisions may be required, in conformance with § 281 of the Town Law of the State of New York."
[Added 12-15-2015 by L.L.
No. 5-2015]
A.
Every applicant that submits an application for a proposed land use
activity to the Town Board, Planning Board and/or Zoning Board of
Appeals must post one or more notification signs on the property which
is the subject of said application within three days of acceptance
of the application by the approval authority and must maintain the
posted sign(s) place until the approval authority has rendered its
final decision approving or denying said application. The sign(s)
shall be erected not more than 10 feet from each boundary of the property
that abuts a public road and must be conspicuous to the public. The
bottom edge of each sign so erected shall be positioned no less than
14 inches and no more than 36 inches above the ground. In the event
that the subject property abuts more than one road, additional signs
will be posted facing each road on which the property abuts. If the
sign's visibility is obscured by vegetation, the applicant must cut
the vegetation to a degree sufficient to maintain clear visibility
of the sign from the road. If the property does not abut a public
road, one or more signs shall be posted in Town-approved locations
that can readily be seen by the public. Any sign erected under this
provision must be removed within 10 days after the approval authority
has rendered its final decision approving or denying said application.
B.
In the event that an application shall be withdrawn or become inactive,
the applicant shall remove the sign(s) within five business days of
withdrawing the application or of receiving notice from the approval
authority that the application has been designated inactive. For the
purposes of this section, any application which has not appeared on
the approval authority's agenda for six or more months shall be designated
inactive. The approval authority shall notify the applicant in writing
that the application has become inactive and instruct the applicant
to remove the sign(s) until such time as the application shall be
reactivated. Once the application is reactivated, the sign(s) shall
be posted within three days.
C.
The Town of Ossining will supply the sign(s), and the initial cost
will be included in the application fee. The applicant will be responsible
for maintaining said sign(s) in good condition so as to be visible
to and readable by the public. The applicant shall be responsible
for replacing any sign(s) that is(are) damaged, destroyed, lost or
stolen during the pendency of the application. A replacement fee will
be charged for each sign that needs to be replaced. The amount of
said replacement fee shall be determined from time to time by the
Town Building Inspector.
D.
Prior to the commencement of any public hearings or, if no public
hearings are required, prior to the rendering of any decision disposing
of any application, the applicant shall submit a sworn certification
on a form provided by the Town, together with legible photographic
evidence, to verify the placement and maintenance of the required
sign(s). If the certification is not timely submitted, any scheduled
public hearings shall be canceled, subject to rescheduling, and any
dispositive action by the approval authority shall be deferred until
timely certification is submitted. In the event of repeated or continued
noncompliance with these sign posting and certification requirements,
the application may be dismissed at the discretion of the approval
authority.
[Added 11-13-2018 by L.L.
No. 4-2018]
A.
Purpose. It is the purpose of this section to legalize and control
existing accessory apartments on single-family lots and to regulate
new conversions. It is also the intent of this section that neighborhoods
zoned as single-family maintain their single-family character. This
section will further the Town's goal of providing a diversity of housing
in Ossining without changing the low-density, predominately single-family
character of the Town. This section is intended to ease the financial
burden of homeowners, particularly those with moderate or fixed incomes.
It is the further purpose and intent of this section to provide for
the health, safety and welfare of the inhabitants of the Town of Ossining
and of the occupants of accessory apartments and to ensure that said
accessory apartments meet minimum health, fire and safety standards.
B.
Required standards. The Zoning Board of Appeals of the Town of Ossining
may permit the construction of an accessory apartment within an existing
single-family home or within a detached accessory building on a single-family
lot pursuant to the following standards. It shall be unlawful to use,
establish, maintain, operate, occupy, rent or lease any portion of
any premises as an accessory apartment for residential occupancy in
the Town of Ossining without first having obtained an accessory apartment
special permit. Failure or refusal to procure an accessory apartment
special permit shall be deemed a violation of this chapter.
(1)
Location. An accessory apartment shall be located only in that
portion of a building for which there has been a valid certificate
of occupancy in place for at least two years prior to the application
for an accessory apartment special permit or where there is proof,
as determined by the Building Inspector, that said portion of the
building was built prior to the requirement for a certificate of occupancy.
(2)
Size of lot. The lot on which the accessory apartment is proposed
shall be no less than the size required by the zoning district in
which it is located.
(3)
Architectural treatment. The architectural treatment of the
structures on the lot shall be such as to portray the character of
a single-family lot. Only one main entrance will be permitted on the
front side of the principal building; all other entrances shall be
at the side or in the rear of the building(s). In addition, no more
than one meter for each utility provided to the lot (i.e., gas, water,
etc.) shall be permitted. Notwithstanding the above, if an accessory
apartment is located in an accessory building on the lot, said accessory
apartment may have its own metering.
(4)
Floor area. The habitable floor area of the accessory apartment
shall be a minimum of 300 square feet and a maximum of 800 square
feet, and the area of the accessory apartment shall also not exceed
33% of the habitable floor area of the principal building on the lot.
(5)
Bedrooms and occupancy. There shall be a maximum of two bedrooms
in the accessory apartment in a single-family home. An accessory apartment
in a detached accessory building shall be limited to an efficiency
or studio housing unit, as defined in this chapter, and shall be limited
to a maximum of two occupants.
(6)
Parking. Adequate off-street parking spaces in accordance with § 200-29 of this chapter shall be provided to prevent the parking in public streets of vehicles of any persons residing in the accessory apartment.
(7)
Ownership. Either the main dwelling or the accessory apartment
must be owner-occupied as the owner's primary residence. The owner
shall not rent out the owner's dwelling unit.
(8)
Number of accessory apartments per lot. There shall be no more
than one accessory apartment nor more than a total of two dwelling
units permitted per lot.
(9)
Permits. A building permit shall be obtained as otherwise required,
and a certificate of occupancy must be issued prior to utilization
of an accessory apartment. No permit shall be issued until the Building
Inspector, Town Engineer and/or the Westchester County Department
of Health, whichever is appropriate, has issued written approval indicating
that all applicable health, fire, building and safety requirements,
including those relating to adequate sewage disposal capacity, have
been met.
(10)
Renewal permit. Prior to the issuance of any renewal permit,
the Building Inspector, or his designee, shall inspect all areas of
the building housing the accessory apartment to determine that there
is compliance with all applicable laws, rules and regulations. No
renewal permit shall be issued until the Building Inspector, or his
designee, determines that there is full compliance with said laws,
rules and regulations.
(11)
Garage space. Garage space may not be used for an accessory
apartment unless the required parking on the lot can otherwise be
provided.
(12)
Minimum term of rental. The rental term of an accessory apartment
shall be for at least three months.
C.
Application for special permit; public hearing; term; renewal.
(1)
Application for a special permit for an accessory apartment
shall be made to the Zoning Board of Appeals in accordance with the
procedures set out in this section. The application shall consist
of the following:
(a)
A site plan indicating existing building and lot conditions
and a dimensioned floor plan of the principal dwelling, any pertinent
detached accessory building, and the proposed accessory apartment.
(b)
A location map showing the applicant's property and adjacent
property and streets, the location of existing and proposed off-street
parking, water supply and sewage disposal facilities, ingress and
egress to the site and such other information as may be required by
the Zoning Board of Appeals to determine compliance with the provisions
of this section.
(2)
Upon receipt of the application, the Board shall conduct at
least one public hearing for every application for a special permit
for an accessory apartment. The Board may, at its discretion, conduct
a public hearing in connection with any renewal application. Legal
notice of such hearing shall be published in the official newspaper
of the Town of Ossining at least 10 days prior to the public hearing.
In addition, the Town shall forward written notice of the date, time
and place of the hearing and a brief statement describing the application
to every owner of property within a radius of 500 feet from the property
lines of the lot which is the subject of the application at least
10 days prior to the date of such hearing.
(3)
The term of an initial permit shall be one year. Renewals shall
be for three years. Applications for the renewal of special permits
shall be made at least 90 days prior to expiration of the permit being
renewed.
(4)
If any of the provisions set forth in this chapter are not met,
and/or if ownership changes, the special permit shall be null and
void.
D.
Additional standards of Zoning Board of Appeals.
(1)
When considering an application for a special permit for an
accessory apartment, the Board shall apply the following standards,
in addition to those general standards found in this chapter.
(2)
It is the Town's intent that neighborhoods zoned as single-family
retain their single-family character. The Town recognizes that there
may come a time when the number of accessory apartments in a single-family-zoned
neighborhood will adversely affect the character thereof. The Zoning
Board of Appeals shall therefore deny a special permit for an accessory
apartment should it find that the number of accessory apartments in
a neighborhood, including the one proposed, will adversely affect
the character of a single-family-zoned neighborhood. This criteria
for denial shall include, but not be limited to the circumstance where
three other such permits or approvals for accessory apartments have
been issued within a radius of 500 feet of the property lines of the
lot containing the proposed accessory apartment.
(3)
The standards and provisions of all special uses as provided for in § 200-45C of the Code of the Town of Ossining shall be applicable to this special permit procedure to the extent that the same are not inconsistent therewith. Further, if any of the provisions of this section are found to be in conflict with § 200-45C, the provisions of this section shall be controlling.
(4)
As a condition to the issuance of an accessory apartment permit,
the Zoning Board of Appeals may impose such conditions as deemed proper
and necessary upon the accessory apartment, the principal single-family
dwelling, any pertinent detached accessory building, and/or the property
to preserve the character of the neighborhood and/or the health, safety
and welfare of neighboring residents.
E.
Reinspection. Accessory apartments which have been approved by the
Zoning Board of Appeals shall be reinspected by the Building Inspector
one year after issuance of the permit and every year thereafter. In
the event the inspection discloses any noncompliance with or violations
of the terms of this section, any condition of the permit, any state
or local law, regulation or ordinance or, in the discretion of the
Building Inspector, any condition which does or could pose a hazard
to the health, welfare and safety of either the occupant(s) of the
accessory apartment, the main building or any other members of the
public, the Building Inspector shall report such findings, in writing,
to the Zoning Board of Appeals. The Zoning Board of Appeals shall
thereupon schedule a public hearing with due notice to determine whether
the permit should be revoked based upon such noncompliance, violations
or other condition(s) noted by the Building Inspector. Refusal to
allow reinspection by the Building Inspector shall be a basis for
revocation of the permit by the Zoning Board of Appeals after a public
hearing.
F.
Sale of dwelling unit; renewal of special permit. In the event that
a lot with a valid special permit for an accessory apartment is sold,
the special permit shall lapse unless, within 90 days after the transfer
of title, the new owner shall apply for renewal of the previous special
permit under this section. If such application is timely made, the
new owner shall not be deemed in violation of this section so long
as the renewal application is pursued with due diligence. If such
renewal application is granted, the new special permit shall run three
years from the date of transfer of title. If, after transfer of title,
a renewal application shall not be made within 90 days, any application
thereafter made shall be treated as an initial application and any
permit issued pursuant to said application shall be for a period of
one year.
G.
Boarders prohibited. No boarders shall be permitted in either the
principal dwelling unit or the accessory apartment. A dwelling may
not receive an accessory apartment special permit for a tourist home,
rooming house or boardinghouse.
H.
Special permit required for preexisting units. All owners of accessory
apartments who have not previously obtained special permits for such
accessory apartments located on their lots shall apply to the Zoning
Board of Appeals for a special permit within six months following
the effective date of this section. If application is so made within
said six-month period, the owner of the accessory apartment shall
not be deemed in violation of this section. If application to the
Zoning Board of Appeals is not made within said six-month period,
the owner of the accessory apartment shall be deemed in violation
of this chapter and shall be subject to the penalties provided herein.
I.
Penalties for offenses. Any owner or builder, or any agent of either of them, who fails to secure a special permit for an accessory apartment, who allows occupancy of an accessory apartment, or who constructs or causes to be constructed an accessory apartment in violation of the provisions of this chapter shall be subject to § 200-43 of this chapter.
[Added 12-18-2018 by L.L.
No. 1-2019]
A.
Authority. This section is adopted pursuant to §§ 261
through 263 of the Town Law and § 20 of the Municipal Home
Rule Law of New York State (NYS), which authorize the Town to adopt
zoning provisions that advance and protect the health, safety and
welfare of the community and, in accordance with the NYS Town Law,
"to make provision for, so far as conditions may permit, the accommodation
of solar energy systems and equipment and access to sunlight necessary
therefor."
B.
Statement of purpose. This 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:
(1)
To take advantage of a safe, abundant, renewable and nonpolluting
energy resource;
(2)
To decrease the cost of electricity to the owners of residential
and commercial properties, including single-family homes;
(3)
To increase employment and business development in the Town,
to the extent reasonably practical, by furthering the installation
of solar energy systems;
(4)
To mitigate the impacts of solar energy systems on environmental
resources such as forests, wildlife and other protected resources;
(5)
To create synergy between solar and other stated goals of the
Town;
(6)
To decrease the use of fossil fuels, thereby reducing the carbon
footprint in the Town;
(7)
To invest in a locally generated source of energy and to increase
local economic value, rather than importing nonlocal fossil fuels;
(8)
To align the laws and regulations of the Town with several policies
of the State of New York, particularly those that encourage distributed
energy systems;
(9)
To become more competitive for state and federal grants and
tax benefits;
(10)
To make the Town more resilient during storm events;
(11)
To aid in the energy independence of the Town as well as the
country; and
(12)
To diversify energy resources to decrease dependence on the
grid.
C.
Applicability.
(1)
The requirements of this section shall apply to all solar energy
systems permitted, installed or modified in the Town after the effective
date of this section, excluding general maintenance and repair.
(2)
Solar energy systems constructed or installed prior to the effective
date of this section shall not be required to meet the requirements
of this section.
(3)
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 any fencing) shall be subject
to this section.
(4)
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 (the "Building Code"), the NYS Energy Conservation Code (the
"Energy Code") and the Town Code.
D.
General requirements.
(1)
A building permit shall be required for the installation of
all solar energy systems.
(2)
Approval authorities in the Town are encouraged to condition
their approval of proposed developments on sites adjacent to solar
energy systems so as to protect the access of such systems to sufficient
sunlight so as to remain economically feasible over time.
(3)
Safety.
(a)
Solar energy systems and solar energy equipment shall be certified
under the applicable electrical and/or building codes as required.
(b)
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 Fire Department
and Ambulance Corps.
(c)
If storage batteries are included as part of the solar energy
system, they shall meet the requirements of any applicable fire prevention
and building code when in use and, when no longer used, shall be disposed
of in accordance with the laws and regulations of the Town and any
applicable federal, state or county laws or regulations.
(4)
Solar energy system installations must be performed by a qualified
solar installer.
(5)
All on-site utility lines shall be placed underground 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.
(6)
Solar energy systems and solar energy equipment shall, to the
extent reasonably possible, use materials, colors and textures that
blend the facility into the existing environment.
(7)
Mechanical and/or electrical equipment, including any structure
for storage batteries, shall be enclosed by a seven-foot-high fence,
as required by the National Electric Code, with a self-locking gate
to prevent unauthorized access.
E.
Permitting requirements for Tier 1 solar energy systems. Tier 1 solar
energy systems shall be permitted in all of the zoning districts in
the Town, subject to the issuance of a building permit and the following
conditions:
(1)
Roof-mounted solar energy systems.
(a)
Roof-mounted solar energy systems shall incorporate 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]
Solar panels on pitched roofs shall not extend
higher than the highest point of the roof surface on which they are
mounted or attached.
[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.
[5]
Solar panels shall have antireflective coating(s).
[6]
Roof-mounted solar energy systems shall comply
with the height limitations in Table 3 herein.[1]
[1]
Editor's Note: Table 3 is included as an attachment to this chapter.
(2)
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 of the zoning districts in the Town as accessory structures and shall be subject to the issuance of site plan approval under § 200-50 of this chapter, § 200-31.3H below, Architectural Review Board approval pursuant to Chapter 55 of this Code, and the following conditions:
(1)
Coating. Solar panels shall have antireflective coating(s).
(2)
Lot size. The lot on which the Tier 2 solar energy system is
placed shall meet the minimum lot size requirements in Table 1 herein.[2]
[2]
Editor's Note: Table 1 is included as an attachment to this chapter.
(3)
Setbacks. Tier 2 solar energy systems shall comply with the
setback requirements of Table 2 herein.[3]
[3]
Editor's Note: Table 2 is included as an attachment to this chapter.
(4)
Height. Tier 2 solar energy systems shall comply with the height
limitations in Table 3 herein.[4]
[4]
Editor's Note: Table 3 is included as an attachment to this chapter.
(5)
Location. Tier 2 solar energy systems shall only be installed
in side or rear yards.
(6)
Screening and visibility.
(a)
Tier 2 solar energy systems shall be screened to the maximum
extent reasonably possible from public roadways and adjacent properties
through the use of architectural features, earth berms, landscaping,
fencing or other screening methods which harmonize with the character
of the subject property and the surrounding area. The screening shall
not, however, interfere with the normal operation of the solar collectors.
A landscaping and screening plan shall be submitted which specifies
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.
A covenant regarding the maintenance of any required screening shall
be provided by the applicant.
(b)
Solar energy equipment shall be located in a manner so as to
reasonably avoid and/or minimize the blockage of views from surrounding
properties and shading of property to the north, while still providing
adequate solar access.
(d)
The clearing of vegetation shall be limited to that which is
necessary for the construction, operation and maintenance of the Tier
2 solar energy system. Solar energy systems shall not be sited within
any required buffer areas.
(7)
Coverage. The area beneath ground-mounted solar collectors and
solar energy equipment shall be included in calculating maximum permitted
building coverage for the applicable zoning district notwithstanding
that the collectors are not "buildings." These calculations shall,
however, exclude pervious open space between arrays or rows of solar
panels. The maximum permitted building coverage for the lot shall
be 35%.
G.
Requirements for Tier 3 solar energy systems.
(1)
One of the many important environmental resources of the Town is its trees. In the legislative findings of Chapter 183 of this Code, the Town Board has found that trees in the Town are potentially in jeopardy of being destroyed or damaged by possible uncontrolled and unregulated cutting, regrading, drainage alteration, construction or other such acts, and that the trees in the Town are a valuable natural resource which can serve to benefit the entire Town and surrounding region. Another important resource of the Town is its visual environment. That is the reason for the Town's creation of an Architectural Review Board. The Town Board believes that it is essential to balance the preservation and use of competing environmental resources for the benefit of the community and surrounding region.
(2)
In the interest of maintaining this balance, the Town Board
may entertain the creation of Tier 3 solar energy system floating
zones by the legislative amendment of the Town's Zoning Map. The One-Family,
GB, O-RB, O-RE and BE Zoning Districts are eligible hosts for this
floating zone. The Town Board, as a legislative body, has broad discretion
in amending the Zoning Map and shall take the preservation and use
of environment resources, as well as any other factors it deems pertinent,
into consideration in determining whether the Board will entertain
an application for the creation of said floating zone. In evaluating
this balance, the Town Board will, all other things being equal, favor
paved parking areas over natural treeless areas, and will favor natural
treeless areas over treed areas, for the installation of Tier 3 solar
energy systems. Protection of the visual environment is another important
consideration of the Town Board.
(3)
Amendment of the Zoning Map shall follow the same procedure contained in Article XII of this chapter.
(4)
Subsequent to amendment of the Zoning Map, Tier 3 solar energy systems are permitted through the issuance of a conditional use permit and site plan approval under §§ 200-49 and 50 of this chapter respectively, Subsections H and I below, and Architectural Review Board approval pursuant to Chapter 55 of this Code.
H.
Site plan application. In addition to the other site plan application
requirements in this chapter, the following site plan application
requirements apply:
(1)
The 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 one- or three-line electrical diagram detailing the solar
energy system layout, solar collector installation, associated components,
and electrical interconnection methods, with all National Electrical
Code compliant disconnects and overcurrent devices.
(d)
A preliminary equipment specification sheet that documents all
solar panels, significant components, mounting systems and inverters
that are proposed to be installed. A final equipment specification
sheet shall be submitted prior to the issuance of a building permit.
(e)
The name, address and contact information of the proposed or
potential system installer and the owner and/or operator of the solar
energy system. Final information regarding the system installer shall
be submitted prior to the issuance of a building permit.
(f)
The name, address, phone number and signature of the project
applicant, as well as the property owner(s), demonstrating their consent
to the application and the use of the property for the solar energy
system.
(g)
The zoning district designation of the parcel(s) of land comprising
the project site.
(h)
A property operation and maintenance plan which describes the
continuing photovoltaic maintenance and property upkeep, such as mowing
and trimming of vegetation.
(i)
Erosion and sediment control and stormwater management plans
prepared to NYS State Department of Environmental Conservation standards,
if applicable, and to such standards as may be established by the
Planning Board.
(2)
Prior to the issuance of the building permit and prior to approval
by the Planning Board, but not required as part of the application,
engineering documents must be signed and sealed by a NYS licensed
professional engineer or NYS registered architect.
I.
Conditional use permit. In addition to the other conditional use
standards in this chapter, the following conditional use permit standards
shall apply:
(1)
Lot size. The property on which the Tier 3 solar energy system
is placed shall meet the lot size requirements in Table 1 herein.[5]
[5]
Editor's Note: Table 1 is included as an attachment to this chapter.
(2)
Setbacks. Tier 3 solar energy systems shall comply with the
setback requirements of Table 2 herein.[6]
[6]
Editor's Note: Table 2 is included as an attachment to this chapter.
(3)
Height. Tier 3 solar energy systems shall comply with the height
limitations in Table 3 herein.[7]
[7]
Editor's Note: Table 3 is included as an attachment to this chapter.
(4)
Screening and visibility.
(a)
Tier 3 solar energy systems shall be screened to the maximum
extent reasonably possible from public roadways and adjacent properties
through the use of architectural features, earth berms, landscaping,
fencing or other screening methods which harmonize with the character
of the subject property and the surrounding area. The screening shall
not, however, interfere with the normal operation of the solar collectors.
A covenant regarding the maintenance of any required screening shall
be provided by the applicant.
(b)
Tier 3 solar energy systems shall be required to:
[1]
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, shall be required to be submitted by the applicant.
[2]
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 and feasible from public roadways
and adjacent properties.
[3]
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.
(5)
Driveways. Vehicular driveways within the site shall be designed
to minimize the extent of impervious materials and soil compaction.
(6)
Signage.
(a)
No signage or graphic content shall be displayed on the solar
energy systems except for 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.
(b)
As required by the National Electrical Code, 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.
(7)
Coating. The solar panels shall have antireflective coating(s).
(8)
Lighting. Lighting of the solar energy systems shall be limited
to that minimally required for safety and operational purposes and
shall be reasonably shielded and downcast from abutting properties.
(10)
Clearing of vegetation. The clearing of vegetation shall be
limited to that which is necessary for the construction, operation
and maintenance of the Tier 3 solar energy system. Solar energy systems
shall not be sited within any required buffer areas.
(11)
Coverage. The area beneath ground-mounted solar collectors and
solar energy equipment shall be included in calculating maximum permitted
building coverage for the applicable zoning district notwithstanding
that the collectors are not "buildings." These calculations shall,
however, exclude pervious open space between arrays or rows of solar
panels. The maximum permitted building coverage for the lot shall
be 35%.
(12)
Security.
(a)
A cash deposit, bond or other form of security in an amount
and form acceptable to the Town Attorney and Town Engineer shall be
submitted to the Town, and shall be in an amount sufficient to ensure
the good-faith performance of the terms and conditions of the permit
issued pursuant hereto, and shall also provide for the removal of
the solar energy system and restoration of the lot subsequent to removal.
The amount of the cash deposit, bond or other security shall be 125%
of the cost of removal of the solar energy system and restoration
of the property with an escalator of 2% annually for the life of the
solar energy system. The decommissioning amount shall be reduced by
the amount of the estimated salvage value of the solar energy system.
(b)
In the event of default upon performance of such conditions,
after proper notice and expiration of any cure periods, the cash deposit,
bond or other security shall be forfeited to the Town, which shall
be entitled to maintain an action thereon. The cash deposit, bond
or other security shall remain in full force and effect until restoration
of the property as set forth in the decommissioning plan is completed.
(13)
Abandonment.
(a)
Upon cessation of electricity generation of a solar energy system
on a continuous basis for 12 months, the Town may notify and instruct
the owner and/or operator of the solar energy system to implement
the decommissioning plan. The decommissioning plan must be completed
within 360 days of notification.
(b)
If the owner and/or operator fails to comply with decommissioning
upon abandonment of the solar energy system, the Town may, at its
discretion, utilize the cash deposit, bond or other security for the
removal of the solar energy system and restoration of the site in
accordance with the decommissioning plan.
(14)
Decommissioning.
(a)
Solar energy systems that have been abandoned and/or not producing electricity for a period of one year shall be removed at the owner and/or operator's expense, which, at the owner's option, may come from any security made with the Town as set forth in Subsection I(12) herein.
(b)
A decommissioning plan signed by the owner and/or operator of
the solar energy system shall be submitted by the applicant, addressing
the following:
[1]
The cost of removing the solar energy system.
[2]
The time required to decommission and remove the
solar energy system and any ancillary structures.
[3]
The time required to repair any damage caused to
the property on which the solar energy system is located by the installation
and removal of the system.
(c)
The decommissioning plan shall state that the site shall be
restored to as natural a condition as possible within six months of
the removal of all equipment, structures and foundations. Such restoration
shall include, where appropriate, restoration of the surface grade
and soil after removal of all equipment and revegetation of restored
soil areas with native seed mixes.
(15)
Ownership or operator changes. If the owner or operator of the
solar energy system changes or the owner of the property changes,
the conditional use permit shall remain in effect, provided that the
successor owner or operator assumes, in writing, all of the obligations
of the conditional use permit, site plan approval and decommissioning
plan. A new owner or operator of the solar energy system shall notify
the Building Inspector of such change in ownership or operator within
30 days of the ownership or operator change.
(16)
Vegetation management plan. The application for a Tier 3 solar
energy system shall include a vegetation management plan which incorporates
existing and proposed native perennial vegetation and seed mixes to
the maximum extent practicable for foraging habitat beneficial to
game birds, song birds and pollinators. Said vegetation shall be located
beneath and around solar collectors and solar energy equipment, as
applicable, to the extent reasonably practical.
J.
Conflict. If any of the provisions of this section are found to be
in conflict with other provisions of this chapter, the provisions
of this section shall be controlling.
[Added 1-26-2021 by L.L. No. 2-2021]
A.
Authority. This section is adopted pursuant to §§ 261
through 263 of the Town Law and § 20 of the Municipal Home
Rule Law of New York State (NYS), which authorize the Town to adopt
zoning provisions that advance and protect the health, safety and
welfare of the community and, in accordance with the NYS Town Law,
"to make provision for, so far as conditions may permit, the accommodation
of battery energy storage systems and equipment and access to sunlight
necessary therefor."
B.
Statement of purpose. This 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 battery energy storage systems and
equipment.
C.
Applicability.
(1)
The requirements of this section shall apply to all battery
energy storage systems permitted, installed, or modified in the Town
after the effective date of this section, excluding general maintenance
and repair.
(2)
Battery energy storage systems that have a valid building permit
or have been constructed or installed prior to the effective date
of this section shall not be required to meet the requirements of
this section.
(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)
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.
Tier 1 battery energy storage systems shall be permitted in all zoning
districts, as an accessory use subject to the Uniform Code and the
battery energy storage system permit, and shall be shown on plans
submitted for the building permit application for the building containing
the system. Tier 1 battery energy storage systems are exempt from
site plan review.
(1)
Battery energy storage systems for one- or two-family residential
dwelling units shall not exceed an aggregate energy capacity of the
following:
(2)
All outside Tier 1 battery energy storage systems shall only
be installed in side or rear yards and meet the minimum lot size and
standard setbacks in the zoning district for principal structures.
Heights are limited to 6.5 feet for any external battery energy storage
systems.
(3)
All outside Tier 1 battery energy storage systems shall provide
a firesafety 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.
(4)
All outside Tier 1 battery energy storage systems shall not
have an area greater than 225 square feet for a single energy storage
system, and all systems in the aggregate shall not occupy more than
25% of the area of the required rear or side yard.
F.
Requirements for Tier 2 battery energy storage systems.
(1)
In the interest of promoting alternative energy through battery
energy storage, the Town Board may entertain the creation of Tier
2 battery energy storage system floating zones by the legislative
amendment of the Town's Zoning Map. The One-Family, GB, O-RB, O-RE
and BE Zoning Districts are eligible hosts for this floating zone.
The Town Board, as a legislative body, has broad discretion in amending
the Zoning Map and shall take the preservation and use of environment
resources, as well as any other factors it deems pertinent, into consideration
in determining whether the Board will entertain an application for
the creation of said floating zone. In evaluating this balance, the
Town Board will, all other things being equal, favor paved parking
areas over natural treeless areas, and will favor natural treeless
areas over treed areas, for the installation of Tier 2 battery energy
storage systems. Protection of the visual environment is another important
consideration of the Town Board. All applications for Tier 2 battery
energy storage system floating zone shall be subject to the Uniform
Code and the site plan application requirements set forth in this
section.
(2)
Amendment of the Zoning Map shall follow the same procedure contained in Article XII of this chapter.
(3)
Subsequent to amendment of the Zoning Map, Tier 2 battery energy storage systems are permitted through the issuance of a conditional use permit and site plan approval under §§ 200-49 and 200-50 of this chapter, respectively, Subsections G and H below, and Architectural Review Board approval pursuant to Chapter 55 of this Code.
G.
Site plan application. For the installation of Tier 2 battery energy
storage systems, the following site plan requirements apply:
(1)
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, and exterior lighting.
(3)
A screening and landscaping plan to show adequate measures to
screen through landscaping, grading or other means so that views of
the storage systems shall be minimized as reasonably practical and
feasible from public roadways and adjacent properties.
(4)
Location of the battery energy storage system and setbacks from
property lines.
(5)
A one- or 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.
(6)
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 a building permit.
(7)
Name, address, and contact information of the 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 a building permit.
(8)
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.
(9)
Zoning district designation for the parcel(s) of land comprising
the project site.
(10)
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 Building Inspector prior to final inspection and approval and
maintained at an approved on-site location.
(11)
Firesafety 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.
(12)
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.
(13)
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.
(14)
Prior to the issuance of the building permit or final approval
by the Planning Board, but not required as part of the application,
engineering documents must be signed and sealed by a NYS licensed
professional engineer.
(15)
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:
(a)
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.
(b)
Procedures for inspection and testing of associated alarms,
interlocks, and controls.
(c)
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.
(d)
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.
(e)
Response considerations similar to a safety data sheet (SDS)
that will address response safety concerns and extinguishment when
an SDS is not required.
(f)
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.
(g)
Other procedures as determined necessary by the Town to provide
for the safety of occupants, neighboring properties, and emergency
responders.
(h)
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.
H.
Conditional use permit. In addition to the other conditional use
standards in this chapter, the following conditional use permit standards
shall apply for Tier 2 battery energy storage systems:
(1)
Bulk requirements. The property on which the Tier 2 battery
energy storage system is placed shall meet the lot size, setbacks,
and height requirements in the Tier 2 battery energy storage system
bulk table herein.
(2)
Screening and visibility. Tier 2 battery energy storage systems
shall be screened to the maximum extent practicable from public roadways
and adjacent properties through the use of architectural features,
earth berms, landscaping, fencing or other screening methods which
harmonize with the character of the subject property and the surrounding
area. The screening shall not, however, interfere with the normal
operation, ventilation or exhaust ports, or firesafety of the storage
system. A covenant regarding the maintenance of any required screening
shall be provided by the applicant.
(3)
Access. Vehicular access within the site shall be designed to
minimize the extent of impervious materials and soil compaction and
meet any applicable emergency access or safety requirements.
(4)
Trees and vegetation. The clearing of vegetation shall be limited
to that which is necessary for the construction, operation and maintenance
of the Tier 2 battery energy storage system.
(a)
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.
(c)
Battery energy storage systems shall not be sited within any
required buffer areas.
(5)
Fencing. All mechanical equipment shall be enclosed by a 6.5-foot-high
fence or a fence with a self-locking gate to prevent unauthorized
access unless housed in a dedicated-use building and not interfering
with ventilation or exhaust ports.
(6)
Lighting. Lighting of the battery energy storage systems shall
be limited to lighting that is minimally required for safety and operational
purposes and shall be reasonably shielded, downcast and does not encroach
on abutting properties. All lighting should be less than 3,000 Kelvin.
(7)
Coverage. The battery energy storage system shall be included
in calculating maximum permitted building coverage for the applicable
zoning district.
(8)
Security.
(a)
A cash deposit, bond or other form of security in an amount
and form acceptable to the Town Attorney and Town Engineer shall be
submitted to the Town, and shall be in an amount sufficient to ensure
the good-faith performance of the terms and conditions of the permit
issued pursuant hereto, and shall also provide for the removal of
the battery energy storage system and restoration of the lot subsequent
to removal. The amount of the cash deposit, bond or other security
shall be 125% of the cost of removal of the battery energy storage
system and restoration of the property with an escalator of 2% annually
for the life of the battery energy storage system. The decommissioning
amount shall be reduced by the amount of the estimated salvage value
of the battery energy storage system.
(b)
In the event of default upon performance of such conditions,
after proper notice and expiration of any cure periods, the cash deposit,
bond or other security shall be forfeited to the Town, which shall
be entitled to maintain an action thereon. The cash deposit, bond
or other security shall remain in full force and effect until restoration
of the property as set forth in the decommissioning plan is completed.
(9)
Abandonment.
(a)
Upon cessation of electricity generation of a battery energy
storage system on a continuous basis for 12 months, the Town may notify
and instruct the owner and/or operator of the battery energy storage
system to implement the decommissioning plan. The decommissioning
plan must be completed within 360 days of notification.
(b)
If the owner and/or operator fails to comply with decommissioning upon abandonment of the battery energy storage system, the Town may, at its discretion, utilize the cash deposit, bond or other security for the removal of the battery energy storage system and restoration of the site in accordance with the decommissioning plan Subsection L herein.
(10)
Decommissioning. Battery energy storage systems that have been
abandoned and/or not producing electricity for a period of one year
shall be removed at the owner and/or operator's expense, which, at
the owner's option, may come from any security made with the Town
as set forth in Subsection F(8) herein.
(11)
Ownership or operator changes. If the owner or operator of the
battery energy storage system changes or the owner of the property
changes, the conditional use permit shall remain in effect, provided
that the successor owner or operator assumes, in writing, all of the
obligations of the conditional use permit, site plan approval and
decommissioning plan. A new owner or operator of the battery energy
storage system shall notify the Building Inspector of such change
in ownership or operator within 30 days of the ownership or operator
change. A new owner or operator must provide such notification to
the Building Inspector 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 Building Inspector in the required time frame. Reinstatement
of a void permit will be subject to the same review and approval processes
for new applications under this section.
I.
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.
J.
Noise. The noise generated from the battery energy storage systems, components, and associated ancillary equipment shall meet the requirements of Chapter 130, Noise. 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.
K.
Signage.
(1)
The signage shall be in compliance with ANSI Z535 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.
(2)
As required by the 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.
L.
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
prior to the issuance of a building permit. 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.
M.
An application shall not be deemed complete unless it addresses all
matters listed in this section, including, but not necessarily limited
to, i) compliance with all applicable provisions of the Uniform Code
and all applicable provisions of the Energy Code and ii) matters relating
to the proposed battery energy storage system and floodplain, utility
lines and electrical circuitry, signage, lighting, vegetation and
tree-cutting, noise, decommissioning, ownership changes, safety, and
permit time frame and abandonment.
N.
Safety; 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)
with subcomponents meeting each of the following standards as applicable:
(1)
UL 1973 (standard for batteries for use in stationary, vehicle
auxiliary power, and light electric rail applications);
(2)
UL 1642 (standard for lithium batteries);
(3)
UL 1741 or UL 62109 (inverters and power converters);
(4)
Certified under the applicable electrical, building, and fire
prevention codes as required;
(5)
Alternatively, field evaluation by an approved testing laboratory
for compliance with UL 9540 and applicable codes, regulations and
safety standards may be used to meet system certification requirements.
O.
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.
P.
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.
Q.
Conflict. If any of the provisions of this section are found to be
in conflict with other provisions of this chapter, the provisions
of this section shall be controlling.
R.
Severability. The invalidity or unenforceability of any section,
subsection, paragraph, sentence, clause, provision, or phrase of the
aforementioned sections, as declared by the valid judgment of any
court of competent jurisdiction to be unconstitutional, shall not
affect the validity or enforceability of any other section, subsection,
paragraph, sentence, clause, provision, or phrase, which shall remain
in full force and effect.
