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HomeMy WebLinkAbout2017 #4 Zoning Code updates Green Energy & SignsRevised 11/10/2017 Page 1 of 6 Proposed Local Law #4 of the Year 2017 A Local Law to Amend Various Sections of the Town of Groton Land Use and Development Code as Enacted by Local Law #1 of the Year 2011 SECTION 1: GREEN ENERGY 1. Section 120. Definitions a. Delete: Green Energy and the definition. b. Add: Green Energy Production - Small Scale: A solar, wind, or biomass energy system that has the primary function of serving the building(s) or structure(s) with which it is associated on the same lot. c. Add: Green Energy Production- Large Scale: A solar or wind energy system that has a primary function of transferring electricity to a public electric grid but may also be for onsite use. 2. Section 341. Land Use Activities a. Amend the Land Use Table to read: 3. Delete: Section 366. Non-Commercial Solar Energy Collecting Fixtures and replace with: Section 366. Green Energy Production- Small Scale 366.1 Purpose. It is the purpose of this section to provide for and encourage Green Energy Production installations that allow constituents to be self sufficient but also minimize adverse impacts on neighboring properties. 366.2 Small Scale Solar Installations. A small scale solar installation includes the production of electricity through solar photovoltaic cells, panels or arrays, and/or solar installations for the heating of air or water and has a total surface area not exceeding 4,000 square feet. Energy produced shall be used completely or partially on site and be secondary to the use of the premises for other lawful purposes. All installations shall meet all Minimum Yard Depth and Maximum Lot Coverage Regulations required for the district in which the property is located. (See Sections 342 - 348.) Land Use Table R - Permitted by Right, SP - Site Plan, TBSP - Town Board Approved Special Permit Land Uses RA Ru r a l A g L Lo w In t e n s i t y M1 Me d In t e n s i t y 1 M2 Me d In t e n s i t y 2 H Hi g h w a y Co m m e r c i a l / In d u s t r i a l I 1 In d u s t r i a l 1 I 2 In d u s t r i a l 2 Green Energy Production - Large Scale TBSP TBSP TBSP TBSP Green Energy Production - Small Scale R R R R R R R ๆȶ Revised 11/10/2017 Page 2 of 6 366.3 Small Biomass Installations. A small scale biomass unit used to produce electricity shall not exceed 1000 square feet. Energy produced shall be used completely or partially on site and be secondary to the use of the premises for other lawful purposes. All installations shall meet all Minimum Yard Depth and Maximum Lot Coverage Regulations required for the district in which the property is located. (See Sections 342 - 348.) All installations shall meet all State and/or Federal emission regulations. 366.4 Small Scale Wind Installations. A small scale wind installation shall be a wind a wind turbine used to produce electricity to be used completely or partially on site and be secondary to the use of the premises for other lawful purposes. For the purpose of this section the Fall Zone is defined as an area having a radius at least equal to the highest point of the propeller and/or any attached antennas. Said area shall be located entirely on property owned by the applicant; shall not include public roads; and shall not contain any structure used as habitable space. All installations shall meet all Minimum Yard Depth Regulations, plus the distance of the Fall Zone, as well as Maximum Lot Coverage Regulations required for the district in which the property is located. (See Sections 342 - 348.) 366.5 Building Permits. No Small Scale Green Energy Production devices and/or systems shall be constructed or installed without first obtaining a building permit from the Code Official. 4. Delete: Section 367. Non-Commercial Solar Energy Collection Fixtures and replace with: Section 367. Green Energy Production- Large Scale 367.1 Purpose. It is the purpose of this section to allow Large Scale Green Energy Production as an accessory or primary use to a lot for the means of electricity production distributed off site while maintaining the health, safety and general welfare of the residents of the Town of Groton, and minimizing adverse impacts to neighboring properties. 367.2 Large Scale Solar Installations. A large scale solar installation shall include any solar photovoltaic cell, panel, or array over 4001 square feet on any one lot that has a primary function of transferring electricity to a public electric grid but may also be for onsite use. All installations shall meet all Minimum Yard Depth and Maximum Lot Coverage Regulations required for the district in which the property is located. (See Sections 342 - 348.) 367.3 Large Scale Wind Installations. A large scale wind installation shall include wind turbines that has a primary function of transferring electricity to a public electric grid but may also be for onsite use. For the purpose of this section the Fall Zone is defined as an area having a radius at least equal to the highest point of the propeller and/or any attached antennas. Said area shall be located entirely on property owned or leased by the applicant or for which the applicant has obtained an easement; shall not include public roads; and shall not contain any structure used as habitable space. Revised 11/10/2017 Page 3 of 6 All installations shall meet all Minimum Yard Depth Regulations, plus the distance of the Fall Zone, as well as Maximum Lot Coverage Regulations required for the district in which the property is located. (See Sections 342 - 348.) 367.4 Special Permits and Building Permits. No Large Scale Green Energy Production devices and/or systems shall be constructed or installed without first applying to the Town Board for a Special Permit and being approved for same. Following approval, no Large Scale Green Energy Production devices and/or systems shall be constructed or installed without obtaining a building permit from the Code Official. 367.3 Requirements for Town Board Special Permit Review: a. The applicant shall pay a fee set by the Town Board and provide ten (10) copies of the completed Special Permit Review Application Form, which, in addition to the requirements of Article 4, Section 442 of this Code, shall include and address the following: i. Plans - which shall show the layout of the system, layout of the property including adjacent lots within 100 feet of the property lines, all existing structures, equipment specification sheets, any easements and proximity to the grid. All plans shall bear the seal of a professional engineer licensed in the State of New York. ii. Landowner agreement - Proof of the landowner’s consent if the applicant is not the landowner. iii. Aesthetics - On-Site electrical interconnection and distribution lines shall be placed underground, unless otherwise required by the utility. The facility and equipment shall have the least practical negative visual effect on the environment as determined by the Town Board. A property operations and maintenance plan describing continuing system upkeep as well as trimming, mowing and a mitigation plan to address glare to traffic or residences as well as noise where applicable. iv. Security / Emergency Response - Ground mounted systems and guide wires, shall be protected from unauthorized access by the minimum of an 8 foot fence with locking mechanism. There shall be no permanent climbing pegs within 15 feet of the ground of any tower. Emergency contact information shall be clearly marked at the site as well as copies of such issued to the Town Clerk and Tompkins County Emergency Response. This information is to be updated yearly or in the event of an ownership change. v. Inspections - A Life Safety Inspection is required every two (2) years. Facilities requiring a tower over 41 feet shall provide certification of seismic design and shall be inspected every fifth year for structural integrity by a New York State licensed engineer at the cost of the applicant, who shall provide a copy of the inspection report to the Code Official. If an unsafe condition exists the applicant shall have 10 days to complete the correction or file a written plan with the Code Official. If the unsafe condition poses a serious risk to bodily injury or significant property damage, the Code Official shall require the facility be dismantled Revised 11/10/2017 Page 4 of 6 as per the decommissioning plan. If it is the intent of the facility to continue operation, the unsafe system(s) shall be dismantled in accordance with a demolition permit and a new Special Permit review will be required. vi. Decommissioning Plan & Agreement - The applicant shall submit a decommissioning agreement for the removal at his/her sole expense of all system equipment or units, structures/buildings and fencing. A list of the unit(s) and equipment to be recycled or disposed; the destinations of recycling or disposal; vegetation replacement of excavated ground and an itemized cost estimate. Should the technology become obsolete or ceases to perform its originally intended function for more than (6) consecutive months, the Town Board shall require the removal of the system or unit, including all associated buildings/structures on the lot to restore it to native ground unless a new Special Permit Application is submitted. vii. Surety Bond - At the time of obtaining a building permit, the applicant will provide a surety bond based on the terms above, naming the Town of Groton as the obligee, to the Town Clerk. The amount will be subject to the approval of the Town Board, who may hire at the cost of the applicant, a Professional Engineer to determine a cost estimate sufficient for the faithful execution of the decommissioning plan taking into account inflation. If at any time a Special Permit is modified, the Town Board may adjust the required amount of the financial surety bond to adequately cover increases in the cost of the decommissioning plan. viii. Contract to provide Service - A copy of any contracts entered into or intended to be entered into which describe the services to be provided by the system. ix. Copies of documents submitted to any other governmental agency having jurisdiction. b. The Town, at the expense of the applicant, may employ its own consulting assistance to examine the application and related documentation to make recommendations as to whether the criteria for granting the Town Board Special Permit Application have been met. SECTION 2: SIGNS 1. Delete Section 361. Signs and replace with: Section 361. Signs 361.1 Purpose. The intent and purpose of this Section is to establish specifications for the provision of signs in the Town of Groton which will permit proper identification, and preserve the visual character and quality of the area. 361.2 Sign Permit Required. All signs authorized by this Code require the issuance of a Sign Permit by the Code Enforcement Officer before the installation of said sign and at a fee set by the Town Board. The following signs are exempt from the requirement of a Sign Permit: Revised 11/10/2017 Page 5 of 6 a. Any sign required by law. b. Official signs required by a governmental agency or utility. c. Temporary signs, including but not limited to those advertising a specific activity or event, real estate signs, contractor signs, political signs, for sale or rent signs, yard sale signs and “free” signs. All temporary signs shall be removed as soon as possible following the activity or event. d. A permanent sign erected on private property, not exceeding six square feet in area. 361.3 Illumination. No illuminated sign shall be permitted or installed or allowed to continue which, by its design, would be distracting or hazardous to vehicular traffic or which would shine, reflect, or flash upon adjoining premises. 361.4 Height. No sign shall be higher than the overall height of the structure of which it is an accessory, or 25 feet, whichever is higher. 361.5 Maintenance. Any sign that has not been properly maintained by be ordered removed by the Town Board may order removal of the sign, after the owner has received written notice. 361.6 Determining the Size of the Sign. For the purpose of this section, the size of a sign shall be determined by the square footage of the face of the sign. If a sign is irregular in shape or consists of independent, detached letters or symbols, the area of the sign face is determined by measuring the square footage of the area within a polygon completely enclosing the sign or symbol as it is intended to be installed. 361.7 Allowed Size and Number of Signs. All signs, other than those listed as exempt in Section 361.2, require a sign permit with the maximum size and the maximum number of signs on any property regulated according to the guidelines presented in Table 361-A. In determining the maximum allowed size of any sign, only one side of a two-sided sign need be measured. In zones where two signs are allowed, the size of the two signs added together shall not exceed the maximum square footage allowed. Table 361-A Zone Maximum Number of Signs Allowed Maximum Square Footage Allowed RA 2 50 sq ft L 2 20 sq ft M1 2 20 sq ft M2 1 12 sq ft H 2 100 sq ft I1 2 50 sq ft I2 2 50 sq ft 361.8 Exceptions. Signs shall be addressed by the Planning Board during Site Plan Review procedures. At the discretion of the Planning Board, and on a project by project basis, the maximum size and/or number of signs may be increased or decreased to fit the needs of the particular land use and/or the surrounding Revised 11/10/2017 Page 6 of 6 community. Any Planning Board requirements shall be clearly stated in a resolution and included on the Sign Permit. 361.9 Billboards. Billboard type signs are allowed only along a State highway and shall be placed in accordance with Title 17, part 150 of New York Codes, Rules and Regulations (17NYCRR Part 150). 361.10 Nonconforming Signs. Any sign in existence at the time of adoption of this Code shall be brought into conformance with this Code when modified, reconstructed or replaced. SECTION 3: SEVERABILITY Severability. If any part or provision of this Local Law or application thereof to any person or circumstance be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part or provision or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this Local Law or the application thereof to the other persons or circumstances, and the Town Board hereby declares that it would have passed the Local Law or the remainder thereof had such invalid application provision been apparent. SECTION 4: EFFECTIVE DATE Effective Date. This Local Law shall take effect immediately upon filing in the Office of the New York State Secretary of State in accordance with Section 27 of the Municipal Home Rule Law.