Presentation to Webster Town Board September 14, 2023 Aircraft, Airports and Heliports Town Law
Repeal the Aircraft, Airports and Heliport Town Law or otherwise amend said Local Law to provide aggrieved Residents with an avenue to obtain a Special Use Permit or similar relief.
Monroe County Map
Aircraft, Airports and Heliports (Town Code § § 103-1 through 103-8; Town Code § § 103-9 through 103-11).
Webster Town Board Special Use Permit Process (Town Code § § 269-18 through 269- 27). Communications Towers (Town Code § § 130-7 through 130-113) Solar Energy (Town Code § § 155-1 through 155-10)
Depictions of Subject Property Google Earth Photo Tax Parcel Printout Photos of Property
FAA Approval of Subject Property
Exhibit A
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There are nineteen (19) Towns located within Monroe County. Not one (1) Town (aside from Webster) has an outright prohibition on a heliport or the take off or landing of private helicopters within the Town. Seventeen (17) Towns do not even
reference helicopter or heliport in their Code.
Exhibit B
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§ 103-1 § 103-6 ARTICLE I
General Provisions
§ 103-1. Title.
This chapter shall be known and may be cited as the "Operation of Helicopters and Other Aircraft, Private."
§ 103-2. Legislative authority.
The Town Board of the Town of Webster, Monroe County, New York, acting under the authority of the Town Law of the State of New York, hereby adopts and enacts this chapter as its Private Airport/Heliport Local Law.
§ 103-3. Legislative intent.
The purpose of this chapter is to address the operation of private airports and heliports and the operation of private aircraft in the Town of Webster and to provide for the protection of the health, safety, and welfare of the residents of the Town.
§ 103-4. Operation of private aircraft restricted.
Except as provided otherwise in this chapter, no private airplanes, private helicopters, private balloons, private hang-gliders, or private rotorcraft of any kind shall be permitted to take off or land or discharge or take on passengers within the boundaries of the Town of Webster.
§ 103-5. Private airports and heliports prohibited.
No private heliport or airport will be permitted to be built within the boundaries of the Town of Webster.
§ 103-6. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
A device that is used or intended to be used for flight in the air. For the purposes of this chapter, "aircraft" does not include model aircraft, rockets or balloons, with a maximum gross takeoff weight, including fuel, of 55 pounds, or kites.
An engine-driven fixed-wing aircraft heavier than air that is supported in flight by the dynamic reaction of the air against its wings.
An area of land or water that is used or intended to be used for the landing and/or takeoff of aircraft, and includes its buildings and facilities, if any.
A lighter-than-air aircraft that is not engine driven and that sustains flight through the use of either gas buoyancy or an airborne heater.
A heavier-than-air aircraft that is supported in flight by the dynamic reaction of the air against its lifting surfaces and whose free flight does not depend principally on an engine.
A rotorcraft that, for its horizontal motion, depends principally on its engine-driven
rotors. HELIPORT — An area of land, water, or a structure used or intended to be used for the landing and/or takeoff of helicopters.
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103-6 103-8 RITE — A framework, covered with paper, cloth, metal or other material, intended to be flown at dhe end of a rope or cable, and having as its only support the force of the wind moving past its surfaces.
An aircraft that can rise and remain suspended by using contained gas weighing less than the air that is displaced by the gas.
New York State Department of Transportation.
As defined in Subpart C of Part 77 of Title 14 of the US Code of Federal Regulation (14 CFR 77 Subpart C, Obstruction Standards).
A heavier-than-air aircraft that depends principally for its support in flight on the lift generated by one or more rotors.
The Town Board of the Town of Webster. ULTRALIGHT AIRCRAFT — An aircraft that:
A. _ Is used or intended to be used for manned operation in the air by a single occupant; Is used or intended to be used for recreation or sport purposes only; Does not have any US or foreign airworthiness certificate; and
If unpowered, weighs less than 155 pounds; or
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If powered:
(1) Weighs less than 254 pounds empty weight, excluding floats and safety devices which are intended for deployment in a potentially catastrophic situation;
(2) Hasa fuel capacity not exceeding five US gallons; (3) Is not capable of more than 55 knots calibrated airspeed at full power in level flight; and
(4) Has a power-off stall speed which does not exceed 24 knots calibrated airspeed.
§ 103-7. Applicability.
A. No aircraft shall land upon or take off from any place within the Town of Webster, except under the circumstances as set forth herein. This prohibition shall not apply to the landing of ultralight aircraft or the airports solely servicing such aircraft, nor to the landing of emergency helicopters in the normal course of their duties or in the event that emergency conditions exist in the Town as declared by the Town Board, the Supervisor of the Town or his duly authorized agent, nor shall this prohibition apply to aircraft used for the limited purpose of construction on approved construction projects in the Town as approved by the Department of Public Works, with written notification to the Supervisor, Town Board, Chief of Police and the appropriate Fire Department at least five days prior to the event occurring.
B. No person, firm, company, corporation, or any other business entity shall establish or operate, at any time, an airport or heliport within the Town of Webster.
§ 103-8. Exemptions. The following are exempt from the application of this chapter:
A. Aircraft landing or taking off from airports owned and operated by the Town of Webster, County of 2
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103-8 : Monroe, State of New York, or the United States.
§ 103-8
B. Any airport operated by the Town of Webster, County of Monroe, State of New York, or the United
States.
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Town of Webster, NY
§ 103-9 § 103-11 ARTICLE II
Administration and Enforcement
§ 103-9. Enforcement; penalties for offenses.
A. Any violation of this chapter or of any order, requirement decision or determination issued by the Commissioner of Public Works or his/her division head, agent or designee pursuant to this chapter is hereby declared to be an offense punishable by a fine not exceeding $500 or imprisonment for a period not to exceed six months, or both, upon conviction for a first offense; upon conviction for a second offense, both of which offenses were committed within a period of five years, punishable by a fine not less than $500 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon a conviction for a third or subsequent offense, all of which offenses were committed within a period of five years, punishable by a fine of not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and Judicial officers generally, violations of this chapter or any order, requirement, decision or determination issued by the Commissioner of Public Works or his/ her division head, agent or designee pursuant to this chapter shall be deemed misdemeanors, and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each day (twenty-four-hour period) of violation shall constitute a separate violation of this chapter. [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. D]
B. In addition to the penalties provided above, the Town Board may also institute any appropriate action or proceeding to prevent, correct or restrain any violation of this chapter.
§ 103-10. Severability.
Should any section, paragraph, sentence, clause, word, part or provision of this chapter be declared void, invalid or unenforceable for any reason, such declaration shall not affect the validity of any other part of this chapter which can be given effect without the part(s) declared void, invalid or unenforceable.
§ 103-11. When effective.
This chapter shall take effect immediately upon completion of publication, posting and filing as required by law.
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Exhibit C
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ARTICLE III Webster Town Board Special Use Permit Process [Amended 7-17-2003; 6-17-2010 by L.L. No. 5-2010; 5-19-2011 by L.L. No. 1-2011]
§ 269-18. General.
Certain uses in the Webster Town Code require a special use permit to be issued by the Webster Town Board. No such uses shall be established, and no building permit therefor shall be issued, until such special use permit is granted as set forth in this chapter. All such uses are hereby declared to possess characteristics of such unique and special forms that each specific use shall be considered as an individual case. A special use permit shall be deemed to authorize only one special use.
§ 269-19. Applications, plans and fees.
A.
Application for special use permit review and approval shall be made, in writing, on the appropriate forms and shall be filed with the Town Department of Public Works where appropriate. An application for special use permit review and approval shall be made in tandem with application to the Planning Board for site plan review and approval for the proposed project. The applicant will first appear before the Town Board for review of the application. The Town Board may take one of the following actions:
(1) Take no action; (2) Request that the applicant modify the application and resubmit: (3) Refer the application for review to, and recommendation by, the Planning Board.
These two applications shall be subject to the same information submission requirements and shall follow the review and approval process as outlined in this section. The application for Town Board special use permit approval shall be considered during a public hearing held by the Town Board. Such hearing will be held after final site plan approval. An additional fee shall be required of the applicant in order to process the special use permit application. Such fee shall be established by the Town Board.
§ 269-20. Procedures.
A.
B.
After review by the Town Board and if forwarded to the Planning Board, the Town Planning Board shall review the application for special use permit based on the criteria and considerations listed below. Should the applicant, based on the findings of the Board, fail to meet any one of the criteria or requirements listed below, either because of the basic nature and design of the project or the lack of appropriate mitigating measures, the request for approval of the special use permit shall be recommended for denial. Should the applicant, based upon the findings of the Planning Board, meet all of the criteria or requirements listed above, either because of the basic nature and design of the project or the inclusion of appropriate mitigating measures, then the request for approval of a special use permit shall/may be recommended for approval. The Town Planning Board may also recommend approval of an application for a special use permit subject to appropriate measures that will ensure compliance with the criteria and requirements listed below. The applicant shall still require approval of the project's preliminary site plan from the Town Planning Board pending final action on the application for special use permit by the Town Board. Procedures for the further review of the site plan application shall follow those particular requirements as outlined in this section.
The Town Board shall review the findings of the Town Planning Board and all of the plans and ‘1
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documents filed as part of the application. Based upon its review of the record, the Town Board may act to approve, approve with modification or deny the applicant's request for a special use permit. Failure to comply with the conditions of the special use permit shall be considered a violation of this chapter and shall result in the application of the appropriate penalties and/or fines as outlined in § 269-41 and the possible revocation of permits.
§ 269-21. Standards.
The Town Board may issue a special use permit only upon a finding that each and all of the following conditions are met:
A.
B.
Uses permitted will be in general harmony with and promote the general purposes and intent of the most recent Comprehensive Plan of the Town and the Zoning Ordinance."
Impact on district. The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, the size of the site in relation to it, and the location of the site with respect to streets giving access to it shall be such that it will be in harmony with the appropriate and orderly development of the district in which it is located.
Adjacent properties. The location, nature and height of buildings, walls and fences and the nature and extent of the landscaping of the site shall be such that the use will not hinder or discourage the appropriate development and use of adjacent land and buildings.
Impacts on neighboring properties. Operation in connection with the special use shall not cause more severe impacts to nearby properties by reason of noise, fumes, odors, vibrations, flashing lights or other operational characteristics than would the operations of any permitted use not requiring a special use permit.
Impact on surrounding properties. The nature, duration, and intensity of the operations which are involved in connection with the proposed use will be in harmony with nearby uses and will not alter the essential character of the neighborhood or be detrimental to the residents thereof. The proposed special use provides sufficient landscaping and/or other forms of buffering to protect surrounding land uses.
Traffic. The use shall not cause undue traffic congestion or create a traffic hazard.
Parking. Parking areas shall be of adequate size for the particular use, properly located and suitably screened from adjoining residential uses, and the entrance and exit drives shall be laid out so as to achieve maximum safety.
Services. The use shall be appropriately located with respect to transportation facilities, water supply, fire and police protection, waste disposal and similar facilities.
SEQRA. All requirements of SEQRA shall be met.
Special uses shall also be subject to any and all applicable local, state or federal laws, codes, rules or regulations.
Additional standards or requirements that the Town Board may reasonably request.
Additional standards for special use permits in WD District.
1.
See Ch. 350, Zoning,
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§ 269-21 269-25 (1) The proposed use must be compatible with any of the other zoning laws of the Town of
Webster.
(2) The proposed use must not destroy or adversely impact significant historic and/or cultural resource sites.
(3) The proposed use must not require an unnecessary or destructive amount of dredging, filling or other disturbance of the waters of Irondequoit Bay or Lake Ontario.
(4) The proposed use must provide public access to the shore zone to the extent possible and desirable given the nature of the site and proposed use.
§ 269-22. Recording of special use permit.
A. Upon issuance of a special use permit, a copy of the permit form and a certified copy of the resolution shall be delivered to the applicant, who shall, with 30 days of such delivery, return the completed form to the Town Clerk for official signature. The special use permit so granted by the Town Board shall be recorded, or a memorandum of such permit signed by a Town official shall be recorded, by the applicant, in the office of the Clerk of the County of Monroe. Such documents shall be in a form acceptable for filing and shall make reference to the Liber and Page of the deed granting ownership of the affected premises to the current owner.
B. Proof of such filing shall be received by the Town of Webster Department of Public Works prior to the issuance of a certificate of occupancy to the applicant. Failure to provide proof a filing within 10 days thereafter shall render void the Special use Permit so granted.
§ 269-23. Review of special use permit. [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Upon reasonable notice to the applicant, the Commissioner of Public Works or his/her division head, agent or designee has the authority to conduct a site visit. The purpose of said site visit is to ensure that the use is being operated in accordance with this chapter and the conditions specified by the Town Board. If the Commissioner of Public Works or his/her division head, agent or designee determines that a violation of this chapter or of the special use permit conditions exists, the revocation procedures of § 269-26 of this chapter shall be invoked. Refusal to allow an inspection shall be considered grounds for revocation.
§ 269-24. Expansion of special use permit.
The nature, duration and intensity of the operations which are involved in or conducted in connection with any use for which a special use permit has been granted shall not be increased or expanded without the approval of the Town Board. Any expansion of a use which requires a special use permit shall be considered at a public hearing held in accordance with the application requirements and administrative procedures which have been adopted by the Town Board.
§ 269-25. Expiration of special use permit.
A. A special use permit shall expire if meaningful construction has not been commenced within one year, and has not been completed within two years, of final special permit approval; or if no construction is involved, if the use has not been commenced within one year of final special use permit approval.
B. Said permit shall expire if the special use, ance begun, ceases operation, for any reason, for more :3
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§ 269-25 _. § 269-27 than six consecutive months. For seasonal uses, the use will be considered ceased if there is no
operation for at least 12 consecutive months.
§ 269-26. Revocation of special use permit.
A. A special use permit may be revoked by the Town Board. The Town Board shall hold a public hearing to consider whether or not the special use permit grantee has violated the terms and conditions of said special use permit. Said public hearing shall be held only after the permit grantee has been notified, as hereinafter described, by the Zoning Official. Notice of the violations and of the date, place and time of the public hearing shall be mailed to the special permit grantee by certified mail, return receipt requested, directed to the last known address of the permit grantee.
B. At least 10 days before said public hearing, a legal notice of said hearing shall be published in a newspaper of general circulation in the Town.
§ 269-27. Existing violations.
No application for a Town Board special use permit shall be accepted for a property where there is an existing violation of any code of the Town of Webster.
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§ 130-7. Communications towers in industrial and commercial districts.
A. Communications towers and accessory facilities/structures shall be permitted in any of the following nonresidential districts upon the issuance of final site plan approval by the Town of Webster Planning Board under the procedures set forth in Chapter 269 of the Code of the Town of Webster and consistent with New York State Town Law § 274-a: [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I]
I-N Industrial District
HC High-Intensity Commercial District
MC Medium-Intensity Commercial District LC Class II Low-Intensity Commercial District CO Commercial Outdoor Storage District
Office Park
B. In addition for communications towers and accessory facilities/structures located in an I-N Industrial District, the issuance of an industrial use permit by the Town Board under the procedures set forth in § 350-22D of the Code of the Town of Webster shall be required.
§ 130-8. Communications towers permitted in other districts. [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Communications towers and accessory structures are permitted in the following districts, other than those identified in § 130-7 above, only upon the issuance of a conditional or special use permit by the Town Board as set forth in § § 130-11 , 130-12 and 130-13 and upon the issuance of final site plan approval by the Town of Webster Planning Board under the procedures set forth in Chapter 269 of the Code of the Town of Webster and consistent with New York State Town Law § 274-a:
R-1 Single-Family Residential District
R-2 Single-Family Residential District
R-3 Single-Family Residential District
LL Large-Lot Single-Family Residential District MHR Medium-High Residential District
LMR Low-Medium Residential District
LC Class I Neighborhood Commercial
WD Waterfront Development District
§ 130-9. Communications towers prohibited in certain districts. [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Regardless of the provisions of § § 130-7 and 130-8, communications towers and accessory structures are not permitted in the following Environmental Protection Overlay Districts:
EPOD (2) Steep Slopes Protection District EPOD (3) Woodlot Protection District
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130-10 § 130-12 130-10. Height.
The maximum height for communications towers permitted under this chapter, including any antennas, extensions or other devices extending above the structure of the tower, measured from the ground surface immediately surrounding the site, shall be 100 feet.
§ 130-11. Procedure for special use permit. A special use permit shall be obtained as follows:
A. The owner/applicant shall submit to the Town Board a completed application and site plan under the provisions of § 130-12 herein. Upon receipt of such application, the Town Board shall refer such application, together with all supporting documents, to the Planning Board for its review and recommendation as to the special use permit and for site plan approval procedures as set forth in Chapter 269 of the Code of The Town of Webster and consistent with New York State Town Law § 274-a. [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. D)
B. Within 62 days of receipt of both the recommendation of the Planning Board and final site plan approval of the Planning Board, the Town Board shall hold a public hearing and shall comply with all the requirements of Town Law § 274-b for the approval of a special use permit. The Town Board shall review the application for compliance with the provisions of this chapter and shall determine that the location of the proposed communications tower is in accordance with the principles and requirements stated herein.
§ 130-12. Special use permit and site plan standards.
Prior to the issuance of a special use permit by the Town Board or site plan approval by the Planning Board, the following requirements shall be complied with:
A. Application and site plan. All applications for a special use permit and site plan approval shall be by written application on forms provided by the Town of Webster Department of Public Works. The application shall include a site plan setting forth specific site data on a map, acceptable in form and content to the Town Board or Planning Board, which shall be prepared to scale and in sufficient detail and accuracy and which shall show the following:
(1) The location of property lines and permanent easements.
(2) The location of the communications tower, together with guy wires and guy anchors, if applicable.
(3) A side elevation or other sketch of the tower showing the proposed antennas.
(4) The location of all structures on the property and all structures on any adjacent property within 10 feet of the property lines, together with the distance of these structures to the communications tower.
(5) The names of adjacent landowners as appears on the Town of Webster Assessor's records. (6) The location, nature and extent of any proposed fencing, landscaping and/or screening. (7) The location and nature of proposed utility easements and access road, if applicable.
(8) Inventory of other communications towers within a two-mile radius of the proposed site.
2
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§ 130-12 § 130-12 (9) A completed visual environmental assessment form (visual EAF) and a landscaping plan
addressing other standards listed within this section with particular attention to visibility from key viewpoints within and outside of the municipality as identified in the visual EAF. A board may require submittal of a more detailed visual analysis based on the results of the visual EAF.
(10) A grid or map of all of the owner's/applicant's existing communications tower site areas in the Town of Webster and site areas proposed or projected by the owner/applicant for installations for a period of two years.
B. Preference for higher-intensity use districts. The Town Board or Planning Board may express a preference that the proposed facility be located in a higher-intensity use district or on higher- intensity use property, provided that there is a technologically feasible and available location. A guideline for the preference, from most favorable to least favorable district/property, is as follows:
(1) Property with an existing structure suitable for colocation. (2) Commercial districts.
(a) I-N Industrial District.
(b) HC High-Intensity Commercial District.
(c) CO Commercial Outdoor Storage District.
(d) MC Medium-Intensity Commercial District.
(e) LC Class II Low-Intensity Commercial District.
(f) LC Class I Neighborhood Commercial District. (3) Municipal- or government-owned property. (4) Residential districts.
(a) MHR Medium-High Residential District.
(b) LMR Low-Medium Residential District.
(c) R-3 Single-Family Residential District.
(d) R-2 Single-Family Residential District.
(e) R-1 Single-Family Residential District.
(f) LL Large-Lot Single-Family Residential District. (5) WD Waterfront Development District. (6) Environmental Protection Overlay Districts:'
(a) EPOD (2) Steep Slopes Protection District.
(b) EPOD (3) Woodlot Protection District.
1. Editor's Note: Original § 95-12B (6)(a) of the 1991 Code, EPOD (1) Floodplain Protection District, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. DP. 3
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Town of Webster, NY
§ 130-12 NOTE: Any request by the Town Board or Planning Board for information on a preferred alternate site shall not unreasonably delay the application.
C. Shared use.
(1)
(2)
(3)
(4)
At all times, shared use of existing towers shall be preferred to the construction of new towers. Additionally, where such shared use is unavailable, location of antenna on preexisting structures shall be considered. An applicant shall be required to present an adequate report inventorying existing towers within reasonable distance of the proposed site and outlining opportunities for shared use of existing facilities and use of other preexisting structures as an alternative to a new construction.
An applicant intending to share use of an existing tower shall be required to document intent from an existing tower owner to share use. The applicant shall pay all reasonable fees and costs of adapting an existing tower or structure to a new shared use. Those costs include but are not limited to structural reinforcement, preventing transmission or receiver interference, additional site screening and other changes, including real property acquisition or lease required to accommodate shared use.
In the case of new communications towers, the applicant shall be required to submit a report demonstrating good-faith efforts to secure share use from existing towers. Copies of written requests and responses for shared use shall be provided.
The applicant must examine the feasibility of designing a proposed commercial communication tower to accommodate future demand for commercial broadcasting and reception facilities. The scope of this analysis shall be determined by the Town Board for special use permits or the Planning Board for site plan approvals. This requirement may be waived, provided that the applicant demonstrates that the provisions of future shared usage of the facility is not feasible and an unnecessary burden, based upon:
(a) The number of FCC licenses foreseeably available for the area;
(b) The kind of tower site and structure proposed;
(c) The number of existing and potential licenses without tower spaces/sites; (d) Available spaces on existing and approved towers; and
(e) Potential adverse visual impact by a tower designed for shared usage.
D. Aesthetics. In order to minimize any adverse aesthetic effect on neighboring properties to the extent possible, a board may impose reasonable conditions on the applicant, including the following:
(1)
(2)
(3)
All communications towers and accessory facilities or structures shall be sited to have the least practical adverse visual effect on the environment.
A monopole or guyed tower (if sufficient land is available to applicant) instead of a freestanding communications tower shall be used.
Reasonable landscaping consisting of trees or shrubs to screen the base of the communications tower and/or to screen the tower to the extent possible from adjacent residential property shall be used. Existing on-site trees and vegetation shall be preserved to the maximum extent possible.
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§ 130
-12 (4)
(3)
(6)
(7)
_ § 130-12 The applicant shall show that it has made good-faith efforts to colocate on existing towers or other available and appropriate structures and/or to construct new towers near existing towers in an effort to consolidate visual disturbances. However, such request shall not unreasonably
delay the application.
Towers should be designed and sited so as to avoid, whenever possible, application of Federal Aviation Administration (FAA) lighting and painting requirements. Towers shall not be artificially lighted except as required by the FAA. Towers shall be painted a galvanized finish or matte gray unless otherwise required by the FAA.
No communication tower shall contain any signs or advertising devices, except those signs containing emergency contact information are permitted. [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Accessory facilities and structures shall maximize use of building materials, colors and textures designed to blend with the natural surroundings.
Setbacks.
(1)
(2)
(3)
All communication towers and accessory structures shall be set back from abutting residential parcels, public property or right-of-way lines a distance sufficient to contain on-site substantially all ice-fall or debris from tower failure and preserve the privacy of adjoining residential properties.
All communication tower bases must be located at a minimum setback from any property line at a distance at least equal to the tower height, or the distance between the tower base and guy wire anchors, or the minimum setback of the underlying zoning district, or a minimum setback at a distance which shall be established at the discretion of the Planning Board as part of the site plan approval procedures based on the unique characteristics of the site, whichever of the foregoing is greater. The minimum setback requirement of this subsection may be increased at the discretion of Planning Board as part of the site plan approval procedures or it may be decreased in those instances where the owner/applicant has submitted plans for a tower design in such a manner as to collapse within a smaller area, Such tower design and collapse zone must be acceptable to the Town Commissioner of Public Works or his/her division heads or agents or designees and the Town Building Inspector. [Amended at time of adoption of Code (see Ch, 1, General Provisions, Art. I]
All accessory structures must comply with the minimum setback requirements of the underlying zoning district.
Radio-frequency effects. It is recognized that federal laws [Telecommunications Act of 1996, Public Law 104-104, Section 704 (February 8, 1996)] prohibits the regulation of cellular and personal communication services communications towers based on the environmental effects of radio frequency emissions where those emissions comply with the Federal Communications Commission (FCC) standards for those emissions. A board may, however, impose a condition on the applicant that the communications antennas be operated only at FCC-designated frequencies and power levels.
Traffic, access and safety.
(1)
All road and parking will be provided to assure adequate emergency and service access.
Maximum use of existing roads, public or private, shall be made. Road construction shall be
consistent with standards for private roads and shall at all times minimize ground disturbance
and vegetation cutting to within the toe of fill, top of cuts or no more than 10 feet beyond the 5
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Town of Webster, NY
edge of any pavement. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential. Public road standards may be waived in meeting the objective of this subsection.
(2) All communications towers and guy anchors, if applicable, shall be enclosed by a fence not less than eight feet in height or otherwise sufficiently protected from trespassing or vandalism.
(3) The applicant must comply with all applicable state and federal regulations, including but not limited to FAA and FCC regulations.
Existing vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible, and no cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) shall take place prior to approval of the special use permit. Clear-cutting of all trees in single contiguous areas exceeding 20,000 square feet shall be prohibited.
Screening. Deciduous or evergreen tree plantings may be required to screen portions of the tower from nearby residential property as well as from public sites known to include important views or vistas. Where the site abuts residential or public property, including streets, the following vegetation screening shall be required. For all communication towers, at least one row of native evergreen shrubs or trees capable of forming a continuous hedge at least 10 feet in height within two years of planting shall be provided to effectively screen the tower base and accessory facilities. In the case of poor soil conditions, planting may be required on soil berms to assure plant survival. Plant height in these cases shall include the height of any berm.
Bond/security. The applicant and the owner of record of the premises may be required to execute and file with the Town Clerk of the Town of Webster a bond or other form of security acceptable to the Town Attorney and Town Director of Finance as to form and manner of execution, in an amount sufficient for the faithful performance of the terms and conditions of this chapter, the conditions of the permit or approval issued hereunder, for the observation of all Town local laws or ordinances, to cover the maintenance of the tower during its lifetime and provide for its removal. The amount required shall be determined by the Town Board in its special use permit procedure or the Planning Board in its site plan approval procedure if no special use permit is required. In the event of default upon the performance of any of such conditions or any of them, the bond or security shall be forfeited to the Town of Webster, which shall be entitled to maintain an action thereon. The bond or security shall remain in full force and effect until the removal of the transmission tower, telecommunication tower, communication installation, freestanding tower, satellite dish, antenna, pole, accessory facility/structure and site restoration.
Expiration. The special use permit and site plan approval shall expire upon:
(1) The failure to commence active operation of the transmission tower, telecommunication tower, communication installation, freestanding tower, satellite dish, antenna, pole, accessory facility/ structure within 12 months of the issuance of a special use permit by the Town Board or final site plan approval by the Planning Board; or
(2) The discontinuance of the active and continuous operation of the transmission tower, telecommunication tower, communication installation, freestanding tower, satellite dish, antenna, pole or accessory facility/structure for a continuous period of 12 months, regardless of any reservation of an intent not to abandon or discontinue the use or of an intent to resume active operations.
(3) From time to time, the Town Board or the Planning Board, at the Town Board's direction, may 6
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Town of Webster, NY
§ 130-12 . oo. _. § 130-13 review the special use permit or site plan approval to ascertain if the requirements, conditions
and restrictions of this chapter are being substantially complied with in good faith. In the event that, upon review, the Town Board finds that site is not in accordance with the approved building and site plans, and the requirements, conditions and/or restriction of this chapter or of the special use permit are not being substantially complied with, the enforcement procedures under § 130-25 shall be invoked and/or the special use permit shall be canceled or terminated within a specified period of time unless the requirements, conditions and restrictions are complied with after reasonable notice.
L. Conditions. A board may impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed transmission tower, telecommunication tower, communication installation, freestanding tower, satellite dish, antenna and/or pole, special use permit or site plan.
§ 130-13. Removal of obsolete/unused facilities.
Approval of a new commercial communications tower facility or the expansion or modification of any existing commercial tower facility shall be conditioned upon the owner's and applicant's agreement to remove such facility once it is no longer used. Removal of such obsolete and/or unused commercial communication tower facilities shall take place within 12 months of cessation of use.
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Town of Webster, NY
-1 § 155-4 § 155 ARTICLE I
Solar Energy [Adopted 11-17-2016 by L.L. No. 3-2016]
§ 155-1. Authority.
This article is adopted pursuant to § § 261-263 of the Town Law of the State of New York, which authorize the Town of Webster to adopt zoning provisions that advance and protect the health, safety, and welfare of the community and "to make provision for," as conditions may permit, the accommodation of solar energy systems and equipment and access to sunlight necessary therefor.
§ 155-2. Statement of purpose.
A. This article is adopted to advance and protect the public health, safety, and welfare of the Town of Webster, including:
(1) Support for a safe, abundant, renewable, and nonpolluting energy resource; and
(2) Decreasing the cost of energy to all commercial and residential properties in the Town of Webster; and
(3) Protection of the environment.
§ 155-3. Definitions.
As used in this article, the following terms shall have the meanings indicated:
A combination of photovoltaic building components integrated into any building envelope system, such as vertical facades including glass and other facade material, semitransparent skylight systems, roofing materials, and shading over windows.
A solar energy system that is anchored to the ground and attached to a pole or other mounting system, detached from any other structure, for the primary purpose of producing electricity for on-site consumption.
A solar energy system that is ground-mounted and produces energy primarily for the purpose of off-site sale or consumption.
A solar panel system located on the roof of any legally permitted building or structure for the purpose of producing electricity for on-site or off-site consumption.
Electrical energy storage devices, material, hardware, inverters, or other electrical equipment and conduit of photovoltaic devices associated with the production of electrical energy.
An electrical generating system composed of a combination of both solar panels and solar energy equipment.
A photovoltaic device capable of collecting and converting solar energy into electrical energy.
§ 155-4. Applicability. The requirements of this article shall apply to all solar energy systems installed or modified after its i1
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Town of Webster, NY
155-4 oo. § 155-5 Sfoctive date, excluding general maintenance, repair, and building-integrated photovoltaic systems.
§ 155-5. Solar design standards.
A. All solar energy systems shall be designed and installed in conformance with the current International Building Code requirements and the manufacturer's recommendations. In case of conflict between these sources, the International Building Code shall apply.
B. Roof-mounted solar energy systems.
(1) Roof-mounted solar energy systems that use the electricity on site are permitted as an accessory use in all zoning districts when attached to any lawfully permitted building or structure.
(2) Height. Solar energy systems shall not exceed the maximum height restrictions of the zoning district within which they are located and are provided the same height exemptions granted to building-mounted mechanical devices or equipment.
(3) Aesthetics. Roof-mounted solar energy system installations shall incorporate the following design requirements:
(a) Height and setback. Roof-mounted solar energy systems shall adhere to the height and setback requirements of the underlying zoning district.
(b) Panels installed on a sloping roof facing the front yard must be mounted at the same angle as the roof’s surface with a maximum distance of 18 inches between the roof and the highest edge of the system.
(c) Panels installed on a flat or near-flat roof shall be screened by a parapet wall or other approved screening materials at an equal height as the top of the panels.
(d) All flat and near-flat roof installations shall provide a perimeter area around the edges of the roof for emergency access and maintenance work. Larger buildings may be required to provide internal walkways to equipment, access hatches, stairways, ladders, and other roof penetrations or equipment.
C. Ground-mounted solar energy systems installations shall incorporate the following design requirements:
(1) Ground-mounted solar energy systems that use the electricity primarily on site are permitted as accessory structures in all zoning districts.
(2) Height and setback. Ground-mounted solar energy systems shall adhere to the height and setback requirements of the underlying zoning district.
(3) Lot coverage. Ground-mounted systems are limited to a maximum of 20% of lot coverage. The surface area covered by ground-mounted solar panels shall be included in the total lot coverage, including any primary or secondary structures. Area shall be based upon square feet of solar panel surfaces.
(4) All ground-mounted systems in residential districts shall be installed in the side or rear yards with a minimum setback of 25 feet to any adjoining property lines.
(5) All ground-mounted systems shall be located in a manner to reasonably minimize view blockage for surrounding properties and shading of adjoining properties, while still providing
2
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, Town of Webster, NY
D.
adequate solar access for collectors. Rules applicable to all solar energy systems.
(1) All solar energy systems shall not be located within any buffer, easement, or environmental protection overlay district (wetland, steep slope, or coastal erosion area).
(2) All solar energy systems shall be permitted only if they are determined by the Town of Webster not to present any unreasonable safety risk, including, but not limited to, the following:
(a) Weight load. (b) Wind resistance. (c) Ingress or egress in the event of an emergency.
(3) Small solar panels of less than one square yard for charging of batteries and powering small equipment or devices shall not require a permit.
(4) All solar energy systems shall obtain site plan approval from the Webster Planning Board under the local Zoning Code or other land use regulations.
(5) For any installation within an existing agricultural district or conservation easement, the applicant shall submit all required documentation in conformance with local, state, and federal laws,
§ 155-6. Approval standards for large-scale solar energy systems as special use.
A.
Large-scale solar energy systems are permitted through the issuance of a special use permit within all residential districts, subject to the requirements set forth in this section, including site plan approval. Applications for the installation of a large-scale solar energy system shall be reviewed by the Commissioner of Public Works and his/her division heads or agents or designees and referred, with comments, to the Town Board for its review and action, which can include approval, approval with conditions, or denial. The Town Board shall refer site plan approval to the Planning Board prior to granting any special use permit. [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Large-scale solar energy systems are permitted in commercial districts under the site plan review process of the Planning Board. Front setbacks shall comply with the underlying zoning district.
§ 155-7. Special use permit application requirements.
For a special use permit application, the Town Board shall determine if the special use permit application is supplemented by the following provisions:
A.
If the property of the proposed project is to be leased, legal consent between all parties, specifying the use(s) of the land for the duration of the project, including easements and other agreements, shall be submitted.
Blueprints showing the layout of the solar energy system shall be signed by a professional engineer registered in New York State, including verification that the existing structure is structurally capable report of supporting all additional load impacts.
The equipment specification sheets shall be documented and submitted for all photovoltaic panels,
3
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Town of Webster, NY
D.
significant components, mounting systems, and inverters that are to be installed.
Property operation and maintenance plan. The applicant shall submit a maintenance agreement plan that describes continuing photovoltaic maintenance and property upkeep, such as mowing and trimming.
Decommissioning plan. To ensure the proper removal of large-scale solar energy systems, a decommissioning plan shall be submitted as part of the application. Compliance with this plan shall be made a condition of the issuance of a special use permit under this section. The decommissioning plan must specify that after the large-scale solar energy system is to be abandoned or is no longer to be used, it shall be removed by the current owner. The plan shall demonstrate how the removal of all infrastructure and the restoration of soil and vegetation shall be conducted to return the parcel to its original state prior to construction. The plan shall also include a time line for execution. A cost estimate detailing the projected cost of executing the decommissioning plan shall be prepared by a professional engineer or contractor. Cost estimations shall take into account inflation. Removal of large-scale solar energy systems must be completed in accordance with the decommissioning plan. If the large-scale solar energy system is not decommissioned after being considered abandoned, the municipality may remove the system, restore the property, and impose a lien on the property to cover the cost recovery to the municipality.
§ 155-8. Special use permit standards for large-scale solar energy systems.
A.
B.
Height and setback. Large-scale solar energy systems shall adhere to the height and setback requirements of the underlying zoning district.
Lot size. Large-scale solar energy systems shall be located on lots with a minimum lot size of five acres.
Lot coverage. A large-scale solar energy system that is ground-mounted shall not exceed 20% of the lot on which it is installed. The surface area covered by solar panels shall be included in total lot coverage. This lot coverage shall include all structures located on the parcel. A large-scale solar energy system is permitted as a primary structure in any commercially zoned property. The Town Board shall consider issuance of a special use permit in any residential district.
All large-scale solar energy systems shall be enclosed by fencing to prevent unauthorized access. Fencing shall be in compliance with the current Town requirements. Warning signs with the owner's contact information shall be placed on the entrance and perimeter of the fencing, with at least one sign facing each adjoining property. The type of fencing shall be as determined by the Town of Webster in conformance with § 350-79. The fencing and the system may be further screened by landscaping as needed to avoid adverse aesthetic impacts.
Any application under this section shall meet any substantive provisions contained in local site plan requirements (Chapter 269) in the Zoning Code that, in the judgment of the Commissioner of Public Works and his/her division heads or agents or designees, are applicable to the system being proposed. [Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The Town Board may impose conditions on its approval of any special use permit under this section in order to enforce the standards referred to in this section or in order to discharge its obligations under the State Environmental Quality Review Act (SEQRA).
§ 155-9. Abandonment and decommissioning.
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Town of Webster, NY
155-9 155-10 . Solar energy systems are considered abandoned when the Code Enforcement Officer determines the
site and system have not been maintained, are a safety risk, or after one year without electrical energy generation and must be removed from the property. Applications for extensions shall be reviewed by the Town Board for a period of one year.
B. All appeals of any decision by the Town of Webster shall be directed to the Zoning Board of Appeals.
C. Any violation of this article shall be subject to the same civil and criminal penalties provided for in the zoning regulations of the Town of Webster.'
§ 155-10. Severability.
If the invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision or phrase of the aforementioned sections is declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, it 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.
1. Editor's Note: See Ch. 350, Zoning.
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Exhibit D
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10/26/2884 14:49 7189955694 AIRPORTS FAA PAGE @5
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U.S. Department 718-663-3344 of Transportation | SAMATGA WY 14434-4809 Federal Aviation Administration Mr. John Caseiani 411 Sundance Trail
Webster, NY 14580
Establish (2) Assoc.City: Webster, NY Fac Name: ““DEWITT H 04AFA427-NRA ““Bluffgs''H O4AEA-426-NRA Use/Ownership: Private/Private wAirspace Cases: 04-ABA-426/427-NRA Expiration Date: Jan 2007
Dear Mr. Casciani:
The Federal Aviation Administration (FAA) has completed its aeronautical study of your proposals as indicated in your submission of the FAA Form 7480-1, Notice of Landing Area
Proposal. The FAA has a no objection to the above proposals provided that:
1. There is a clear 8:1 ingress/egress ag described in Advisory Circular 150/5390-2A (Heliport Design) and all operations are in compliance with Federal Aviation Regulations Part 77.29(b).
2. You operate in such a manner as to minimize noise over the residences/schools near your facility.
3. Vehicular traffie around the site is controlled either by ground personnel or signage. If there are to be nighttime operations, a lighted windsock is to be use.
04-AEA-426-NRA Potential noise
problems as aircraft lands to the West. Recommend ingress/egress 200-040.
This determination does not mean FAA approval or disapproval of the physical development involved in the proposal. It is a determination with respect to the safe and efficient use of airspace by aircraft and with respect to the safety of persons and property on the ground.
“ - e &
AIRPORTS FAA
10/26/2884 14:49 7169955694 _ PAGE 06
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i nsidered matters
i j erymination the FAA has co ared ou making thee cect the proposal would have on ait or
on the Coes cet a wourens of the FAA, the effects it would have on projecesty. and property on the groune. an ie ‘ating or proposed manmade objec s (on
effects chee and known natural objects within the affected
area would have on the airport proposal.
cannot prevent the construction of structures near tne eeport.. The airport environs can only be protected through such means as local zoning ordinances oY ; acquisitions of property rights. This determination, issued in accordance with Federal Aviation Regulations (FAR) Part 157, does not relieve the proponent of any compliance responsibilities relating to any law, ordinance, or regulation of any Federal, State, or local government body.
*#* Please completed and MAZL BACK TO ME the enclosed FAA Form $010-5 when aircraft operations begin; it advises us that the heliport is active and your airspace determination will become permanent. FAILURE TO DO SO WILL CAUSE YOUR AIRSPACE DETERMINATION TO EXPIRE ON THE DATE INDICATED ABOVE. If the heliport is not activated prior to this dat you should request a time extension to allow for completion.
If you do not, we will assume that th abandoned and your airspace will be canvelicd. has Been
Applicable obstruction ; . 77.29 of FAR Pact 77. surfaces are included in Paragraph
. ; Th . inner width equal to th € approach surface in plan has an
e width ‘ f takeoff and landing area, is 2 oe ene cosignated heliport
wid a Norinostare ft. You should have a clear a verti al pes f within this seen yo race, to the helicopter landing per 8' . ou should familiarize area £ mi : he approach and other surface provigions Yourself with all art 77,
If you have an
y questions re i standards, plea garding FAA Re 718-553-3945 se feel free the call Sharon Pore oe
Sincerely,
marvey DeGraw, 2 ade gr, Safety and Standards Branch