2013-03-12~Iown of ~ougFikeepsie
SUSAN J. MILLER
ONEOVEROCKERROAD
POUGHKEEPSIE, NY 12603
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OFFICE OFTOWN CLERK
PHONE: (845)485-3620
FAX: (845)485-8583
March 12, 2013
Dutchess County Dept. of Planning
Dutchess County Legislature
Town Planning Board
Town Zoning Board
Town Clerk, Town of Pleasant Valley
City Clerk, Poughkeepsie, New York
Town Clerk, Town of Lagrange
Town Clerk, Town of Hyde Park
Town Clerk, Town of Wappinger
Town Clerk, Village of Wappingers Falls
Town Clerk, Town of Marlborough
Town Clerk, Town of Lloyd
NOTICE IS HEREBY GIVEN, pursuant to Section 239 of the General Municipal Law
that the Town Board, Town of Poughkeepsie does hereby set Wednesday, April 3"~° 2013 at
7:00 p.m. as and for the time, date and place of a public hearing to amend Chapter 210, entitled
"Zoning", specifically Sections 210-9, 210-13 (K), and the addition of a new section 210-67.1
entitled "Energy Facilities".
Please find copies of Resolution 3:6-# 12 of 2013 and also the Public Hearing notice far your
review and recommendation.
Sincerely,
C~'~~.
~;
Felicia Salvatore
Deputy Town Clerk
Town of Poughkeepsie
G~C~C~[~~M[~D
MAR 1 ~ 2013
TOWN OF WAPPINGER
TOWN CLERK
RESOLUTION 3~6 - # /~ of 2013
WHEREAS, the Town Board is considering an amendment to Chapter 210,
specifically Sections 210-9, 210-13(x), and the addition of a new section 210-67.1 entitled
"Energy Facilities"; and
WHEREAS, the proposed amendments are attached hereto and incorporated herein
and the Town Board does hereby waive a verbatim reading of said amendments and does
direct that said amendments be spread across the record as if they, in fact, had been read
verbatim; and
WHEREAS, the action to amend the zoning law is a Type I Action under the New
York State Environmental Quality Review Act ("SEQRA"); and
WHEREAS, the Town Board has determined that the proposed amendments must
be referred to the Dutchess County Department of Planning and Economic Development
and to the Town Planning Board for review and recommendation; and
WHEREAS, the amendments of Chapter 210, require a public hearing.
NOW, THEREFORE BE IT RESOLVED THAT
1. The Town Board hereby states that because only the Town Board can consider and
adopt changes to the Town Code that it is the only involved agency, and the Board
hereby declares that it is the Lead Agency for purposes of coordinating the
environmental review of this matter pursuant to Article 8 of the Environmental
Conservation Law; and
2. The Town Board hereby sets a public hearing on the proposed amendments of the
Town Code for April 3, 2013, at 700 PM, or as soon thereafter as the matter may
come to be heard, in the Town Hall, One Overocker Road, Poughkeepsie, New York;
and
3. The Town Board refers this matter to the Dutchess County Department of Planning
and Economic Development for a recommendation pursuant to GML 239-m; and
4. The Town Board refers this matter to the Planning Board for an advisory report
pursuant to Town Code Sections 210-154.
5. The Town Board directs the Town Clerk to notify the Clerks of the surrounding
municipalities of the public hearing pursuant to GML 239-nn.
Dated ~~`~-C~~~ ~%>-1
Moved `.~~,~ C~Gt~~~.
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Seconded'- ~ ~`~~ ~.1~~, t_-1dW
Ayes ~_ Nays
JEN/meh
t-2/28/2013
m-3/6/2013
G~\mllegal\r\2013\mar\mar 6\energyfacilities•sd.doc
AYE NAY
Councilman Baisley
Councilman Eagleton
Councilman Conte
Councilman Cifone
Councilman Kxakower
Councilwoman Shershin
Supervisor Tancredi
2
BE IT ENACTED by the Town Board of the Town of Poughkeepsie:
1. Article II, Section 210-9, "Definitions" is amended to add new definitions as follows:
GROUND-MOUNTED -Installed directly on or in the around and not attached or affixed to any
accessory or principal structure.
SOLAR ENERGY SYSTEM -Shall mean:
(A) an active solar enerav svstem arranaement or combination of components designed to
provide heating, coolina, hot water or electricity through the process of collecting solar
radiation, converting it to another form of energy, storing the converted energyprotecting
against unnecessary dissipation and distributina the converted energy and which requires
external mechanical Hower for operation. This term shall not include Wipes, controls
insulation or other equipment which are part of the conventional heatina, coolina, insulation
or electrical svstem of a building; nor shall it include a swimming pool used as a storage
medium; and
(B) a passive solar energy svstem arrangement or combination of components which relies
upon the oriainal or retrofitted desian and elements of a building to enhance the use of
natural forces including solar radiation, winds and night-time coolness to provide heating.
coolina or hot water throuah the process of collectina solar radiation, converting it to another
form of enerav. storina the converted energy, protecting aaainst unnecessary dissipation and
distributing the converted enerav, and which is not primarily dependent upon mechanical
power for operation. This term shall not include nlpes, controls, insulation or other
equipment which are part of the conventional heating, cooling or insulation system of the
building; nor shall it include a swimmine pool used as a storage medium.
WIND ENERGY SYSTEM - An arranaement or combination of components, including power
conditioning equipment, desiened to provide electricity or mechanical energy through the process
of convertina wind energy into mechanical and/or electric enerav, and storina or distributing
such enerav. The means of convertina wind enerav to electricity is accomplished by a mechanical
wind generator, wind turbine, wind power unit. or wind energy converter, which are often
generically referred to as a "wind generator" or "windmill".
Review Draft February 26, 2013 var. 2
2. Article III, Section 210-13(K) is amended as follows
K. Height exceptions. District building and structure height regulations shall not apply to roof-
mounted flagpoles ;radio or television antennas, towers or cables;; equipment shelters;;
+~^^^~~~^^~^^ *^•••^~^ ^~ ^^'~'^^, spires or cupolasi; chimneys=; ventilators;; skylights;; elevator
or stair bulkheads=; equipment penthouses-; parapets or railings=; and water tanks or cooling
towers-; ^'^ ^n, ^+,. .,a +t,^ .,+ ^a r .,+t,^ „+; „+: ,.r^ „r,
a^„^^+^„^ ^ ..,;7^~ ^+.,,.^+..,,^^ ~,.~ . ^a r .. w,,.,,^.. ^ .provided that such
structures shall not extend more than 20 feet above the roof on which they are mounted,; and
such structures shall not block the solar access potential of adjacent lots.
3. Article VIII of Chapter 210 of the Town Code is amended to add a new Section §210-67.1 entitled
"Energy Facilities" as follows
X210-67.1. Energy Facilities.
A) Purpose and objectives. The proliferation of solar energ~ystems ("SES") and wind energy
svstems ("WES") as an environmentally friendly and cheaper energy alternative is expected in
the coming years, and this equipment and the installation thereof must be reasonably regulated
in order to protect the health, safety and welfare of the citizens of the Town of Poughkeepsie and.
to the maximum degree possible, to coordinate and control the same to preserve and protect the
aesthetic Dualities of the Town. The Town recognizes the demand for SES and WES facilities and
the need for the services they provide. This section regulates SES and WES installations to
ensure that any such proposed energy system is designed, located, and installed in accordance
with sound planning bv~
1) Promoting the health, safety and welfare of the residents of the Town.
2) Minimizing the adverse visual effects of alternative energy svstems and protecting the
natural features. aesthetics and residential character of the Town through careful planning,
design, location, buffering, and screening.
3) Avoiding potential damage to adiacent properties from falling or flying debris from SES and
WES facilities through careful engineering and reasonable siting of energy system
structures.
B) The primary purpose of any SES or WES facility shall be to,~rovide power for the principal use of
the property whereon the facility is located and not primarily for the generation of power for sale
or resale to utilities or commercial users, although this provision shall not be interpreted to
Review Draft February 26, 2013 ver. 2
prohibit the sale of excess cower generated from time to time from a SES or WES otherwise
designed to meet the energy needs of the principal use
C) No SES _or WES shall be located or operated so as to impede the function of any other SES or
WES facility or of any radio or microwave communication device
D) No SES_or WES shall be located so as to reduce or impede the amount of sunlight that would fall
on an adjoining lot absent the SES or WES
E) Solar Ener~Svstems.
1) Roof mounted SES facilities shall be permitted without site plan approval provided such
facilities meet the following standards
a) SES facilities on a peaked, pitched, gable hip or mansard roof shall be mounted parallel
to and no more than 18 inches above the roof surface and shall not extend beyond or
above the edge of anvpart of the roofline.
b) SES facilities on flat roofs having no parapet shall be mounted so as not to extend beyond
the edge of any Hart of the roofline nor more than three feet above the height of the roof
c) SES facilities on flat roofs with a parapet shall be mounted so as not to extend beyond
the edge of any Hart of the roofline nor above the height of the parapet
d) SES facilities shall use neutral, non-reflective colors (erev white or beige) and shall
unless proven to be impractical or unnecessary match the roof or wall color mounted
thereon.
e) All utility services and electrical wiring shall be underground or otherwise placed within
conduit securely attached to the roof and walls
2) Ground mounted SES facilities shall be permitted subiect to the following standards For a
single-family premises where the installation would comply with these standards site plan
approval is not required.
a) SES facilities shall be located only in a side yard or rear yard and shall meet the
minimum setback reauirements for a principal structure for the zoning district in which
the lot is located.
b) Ground mounted SES facilities are prohibited in any front yard
c) No part of the SES shall exceed ten (10) feet in height above the orie7nal grade of the
site.
Review Draft February 26, 2013 ver. 2
(1) The SES shall be fully screened from adiacent properties by fencing or a combination
of fencine, and everereen and deciduous plantines. Said screening shall be subiect to
the prior review and approval of the Department of Plannine.
F) Wind Enerev Systems.
1) Roof mounted WES facilities are not permitted.
2) Ground mounted WES facilities are prohibited in the Residence. Sinale-Family 20,000
Square Foot (R-20,000) District, and the Neiehborhood Business (B-N) District.
3) Ground mounted WES facilities shall be permitted in all other districts provided such
facilities meet the following standards. Site plan approval shall be required for anv WES
facility
a) Anchor points for auy wires for the WES tower shall be located within the property lines
of the lot on which the tower is located, and not on or across any aboveeround electric
transmission or distribution line. and shall be suitably protected from tamperine or
trespass.
b) Each WES shall be equipped with both manual and automatic controls to limit the
rotational speed of the blade below the design limits of the rotor. The application for site
plan approval shall include a statement by a New York State registered professional
engineer certifying that the rotor and over speed controls have been designed and
fabricated for the proposed use in accordance with good engineering~ractices. The
engineer shall also certify the structural compatibility of potential towers with available
rotors. This certification shall include the distance and traiectorv of the thrown blade
from an exploding turbine or propeller according to the Loss of Blade Theory.
c) The base of the tower shall be completely enclosed by a locked, protective fence of at least
six feet high, and designed to prevent tampering and trespass to the tower.
d) Ground mounted WES facilities shall not exceed the maximum allowable heieht for a
principal structure for the zoning district in which the lot is located.
e) Ground mounted WES facilities are prohibited in anv front Yard.
f) Ground mounted WES facilities shall be located only in a side yard or roar yard and shall
be set back no less than 1.5 times the heig-ht of the support tower from any adioinine
property line and anv habitable structure. In addition
(1) The WES shall meet the requirements of Chapter 139, "Noise", of the Town Code. To
assure compliance with this requirement, the applicant shall provide a noise analysis
Review Draft February 26, 2013 vex'. 2
prepared by a New York State licensed professional stating that the proposed WES
facility would operate within the requirements of Chapter 139 and would not exceed
the established noise standards of the Town Code.
(2) All power transmission lines from the WES to anv building or other structure shall
be located underground and otherwise placed within conduit securely attached to the
roof and walls.
(3) No television, radio or other communication antenna may be affixed to or otherwise
made a part of a WES.
(4) No variance shall be granted in connection with anv ground mounted WES to permit
a height greater than the maximum allowable height for the zoning district, or to
allow the placement of anv WES nearer to an adjoining property line or habitable
structure than the minimum setback reouired by this section.
(5) The WES and its location on the property shall be designed to limit its visual impact
on surrounding~roperties. and to minimize noise from the WES to adiacent and
nearby properties.
(6) The WES shall be fully screened from adiacent properties by fencing or a
combination of fencing, and evergreen and deciduous plantings. Said screening shall
be subject to the prior review and approval of the Department of Planning.
(7) No signs, except for safety and warning signs. are permitted.
G) If a SES or WES facility ceases to perform its originally intended function for more than 12
consecutive months. the property owner shall remove the facility no later than 90 days after the
end of the twelve-month period.
H) If any section, subsection or specific part or provision or standard of this local law or the
application hereof to any person or circumstance be adjudged invalid by anv court of competent
jurisdiction, such section, subsection or specific part or provision or standard shall be deemed a
separate, distinct and independent provision and such judgment shall not affect the validity of
the remaining portions thereof.
I) To the extent that any provision of this Chapter is inconsistent with the Town Law or any other
provision of Article 16 of the Town Law, or of the Energy Law, or of the Real Property Law, or of
the General Municipal Law, the provisions of this Chapter are expressly intended to and do
hereby supersede any such inconsistent provisions under the Town's municipal home rule
powers, pursuant to Municipal Home Rule Law §10(1)(ii)(dX3); §10(1)(ii)(a)(14) and X22 to
supersede any inconsistent authority.
Review Draft February 26, 2013 ver. 2
J) This local law shall take effect immediately upon filing with this state's Secretary of State.
Review Draft February 26, 2013 ver. 2
LEGAL NOTICE OF PUBLIC HEARING
PLEASE TAKE NOTICE, that the Town Board of the Town of Poughkeepsie
does hereby set the 3'~ day of April, 2013 at 7:00 p.m. at the Town of Poughkeepsie,
Town Hall, One Overocker Road, Poughkeepsie, NY, as and for the time, date and place
of a public hearing to amend Chapter 210, entitled "Zoning", specifically Sections 210-9,
210-13 (K), and the addition of a new section 210-67.1 entitled "Energy Facilities"
AND ALSO PLEASE TAKE FURTHER NOTICE, that the said proposed local
law is available in full form at the Town Clerk's Office, One Overocker Road,
Poughkeepsie, NY, Monday thru Friday between the hours of 8:00 AM-4:00 PM
AND ALSO PLEASE TAKE FURTHER NOTICE, that said local law, if
adopted, shall take effect immediately upon filing with the Secretary of State.
Susan J. Miller, Town Clerk
Town of Poughkeepsie
March 12, 2013