OTHERS PRESENT: Nicole M. Begin, Town Clerk; Tom Schneider, Zoning Dept.; James Uebelhoer, Planning Board.

Similar documents
ARTICLE XII Sign Regulations

Article 18. Sign Regulations

MINUTES second Regular Meeting January 26, 2017 OLD BUSINESS COMMITTEE REPORTS Tom Schneider

SHIAWASSEE COUNTY ZONING ORDINANCE Article 4 Specific Use Regulations

IOSCO TOWNSHIP ZONING ARTICLE 11 SIGNS

ARTICLE 20 SIGNS. SIGN, AREA: The entire area of all sign faces, cumulatively, including sign faces on which no copy is currently displayed.

CHAPTER 7. SIGNS TABLE OF CONTENTS ARTICLE 1. GENERAL Sec INTENT Sec NUMBER OF SIGNS AND SURFACE AREA...

1. Animated: A sign or part of a sign that moves or appears to move.

Signs along highways shall meet all of the requirements of the zoning districts in which they are located.

CHAPTER 154: SIGNS. Section

ARTICLE XI SIGNS Shelbyville Zoning Regulations 1994

CHAPTER 14. SIGNS AND GROUND SIGNS

ARTICLE 20 SIGN REGULATIONS

ORDINANCE # 455. NOW, THEREFORE, BE IT ORDAINED by the Mayor and Board of Aldermen of the City of Forest as follows:

CHAPTER 5. Signs. It is further the intent of this section to prohibit signs which:

Excerpt from Town of West Greenwich, RI Zoning Ordinance Amended by Town Council September 12, 2007, and September 10, 2008

CHAPTER 13 SIGNS 13-1

TITLE NINE - SUPPLEMENTAL REGULATIONS Chapter Signs. CHAPTER 1179 Signs. (1) Promote attractive and high value residential districts.

ARTICLE XX THE COUNTY BOARD OF MERCER COUNTY, ILLINOIS RESOLUTION AMENDING THE MERCER COUNTY ZONING ORDINANCE SOLAR ENERGY FACILITIES

ARTICLE 11. NAMEPLATES AND SIGNS Signs in all districts.

HUERFANO COUNTY SIGN REGULATIONS SECTION 14.00

Zoning Ordinance Chapter 9

ARTICLE V SIGN REGULATIONS

SOLAR ENERGY FACILITIES ORDINANCE #17-07 KOCHVILLE TOWNSHIP

WIND ENERGY CONVERSION SYSTEM (WECS) APPLICATION

Sign, Canopy: A sign attached to the underside of a canopy.

ARTICLE XII SIGNAGE REGULATIONS

No sign shall interfere with vehicular or pedestrian safety in any manner.

New Lawrence, Kansas Sign Code. Frequently Asked Questions (FAQs)

TOWN OF SARATOGA PO BOX 486 PHONE: APPLICATION FOR SIGN PERMIT

EXHIBIT A SHIAWASSEE COUNTY ZONING ORDINANCE ARTICLE 4 SPECIFIC USE REGULATIONS RECOMMENDED AMENDMENTS TO SECTION (REVISED MAY 11, 2018)

Article 9 Signs and Billboards

DRAFT PARK COUNTY US HIGHWAY 89 SOUTH EAST RIVER ROAD OLD YELLOWSTONE TRAIL ZONING DISTRICT REGULATIONS

Chapter 9 Wind Energy

ARTICLE 2: General Provisions

Sign Ordinances for AAR Cities

DRAFT PARK COUNTY US HIGHWAY 89 SOUTH EAST RIVER ROAD OLD YELLOWSTONE TRAIL ZONING DISTRICT REGULATIONS

BONNER COUNTY PLANNING DEPARTMENT

ARTICLE V SUPPLEMENT REGULATIONS

Chapter 19. Signs. Part 1 Billboards and Signs Signs General Regulations Penalty for Violation Grandfather Clause

SECTION 7 - Signs and Parking & Loading Regulations

CHAPTER 2 RELATIONSHIP WITH OTHER LAWS.

City of Jasper Sign Ordinance

LAGRANGE TOWNSHIP BOARD OF ZONING APPEALS REQUEST FOR HOME OCCUPATION/CONDITIONAL PERMIT NEW

Chapter SIGNS. Sections: Specific Standards by Zoning District Specific Standards by Use

CHAPTER 5 ZONING SECTION 5.1 PURPOSE

TITLE XV: LAND USAGE 150.BUILDING REGULATIONS 151.FLOOD DAMAGE PREVENTION 153.[RESERVED] 154.COMPREHENSIVE PLAN 155.SUBDIVISION AND ZONING CODE

PREAMBLE. That the Gratiot County Zoning Ordinance be amended as follows:

Temporary Sign By-law

Chapter 10 Signs CHAPTER 10 SIGNS

ZONING ORDINANCE FOR THE ZONED UNINCORPORATED AREAS ARTICLE 1400 OF PUTNAM COUNTY, WEST VIRGINIA Page 129 ARTICLE 1400 SIGNS

ARTICLE I. IN GENERAL. To encourage the effective use of signs as a means of communication in the city;

ORDINANCE NO

Wind Energy Conversion System Ordinance No. 467

TITLE 7, CHAPTER 3 TAZEWELL COUNTY

ARTICLE XI CONDITIONAL USE PERMITS

CHAPTER 21.11: NONCONFORMITIES...1

Orange Township Zoning Resolution Effective May 1, 2013

13 NONCONFORMITIES [Revises Z-4]

ARTICLE 22 SIGNS AND OUTDOOR ADVERTISING STRUCTURES

ARTICLE 9 SIGNS. Accordingly, it is deemed necessary and in the public interest to regulate signs. To this end, this Article:

OVERALL SIGN PLAN May 12, 2014

DRAFT Smithfield Planning Board Minutes Thursday, May 7, :00 P.M., Town Hall, Council Room

Box Elder County Land Use Management & Development Code Article 3: Zoning Districts

\ Terry Schneider, Mayor

B) Signs, Canopies, Awnings and Billboards-Definitions. The following definitions are used in this Chapter:

Sign Ordinance Taken from Sections of Zoning Text & Municipal Code

ARTICLE 9 - ACCESSORY AND TEMPORARY USES AND STRUCTURES

SIGNS MASTER SIGN PROGRAM

ARTICLE VI. SPECIAL EXCEPTION REGULATIONS

ARTICLE V SECTION 517. SIGNS.

VERGENNES TOWNSHIP, KENT COUNTY, MICHIGAN ORDINANCE

6. Wall signs shall not extend above the second story windowsill or extend above the roofline, whichever is lower.

C HAPTER 15: N ONCONFORMITIES

ORDINANCE # 99-2 USES IN THE 1-1 DISTRICT THROUGH MODIFICATION; BY

ORDINANCE NO

ARTICLE 9 SIGNS. Accordingly, it is deemed necessary and in the public interest to regulate signs. To this end, this Article:

Article 7. Sign Regulations

RESOLUTION PC NOW THEREFORE, the Planning Commission of the City of Duarte resolves as follows:

VINEYARD & VENTURA SHOPPING CENTER

KOSSUTH COUNTY ORDINANCE #310

CHAPTER 10 SIGN REGULATIONS

CITY OF BATAVIA. Staff and CDC Recommendation. Staff and the Community Development Committee recommend approval of draft Ordinance as presented.

ORDINANCE NO. STRTF Review

COMMERCIAL BUSINESS GUIDE

PROPOSED REVISIONS TO THE MARLBOROUGH ZONING REGULATIONS

CITY OF PITTSFIELD SIGN ORDINANCE

CHAPTER 21.12: NONCONFORMITIES

Fulton County Rural Zoning Code. For the County-Zoned Townships of: Amboy Franklin Fulton York

BRUCE BUCKINGHAM, COMMUNITY DEVELOPMENT DIRECTOR JANET REESE, PLANNER II

Except as authorized in section with respect to non-conforming signs, all signs shall be in compliance with the provisions of this chapter.

Guilford Planning and Zoning Sign Permit Application Permanent Sign. (Submit Three copies plus fee of $50.00 per sign)

Howard County Checksheet for Large Wind to Energy Facilities (WEF)

Effective Date: August 14, 2008 Article 9 Signs ARTICLE 9 SIGNS

Robbinsdale City Code (Rev. 2015) CHAPTER IV BUILDING, HOUSING AND CONSTRUCTION REGULATIONS. Section Building Code

SAGINAW CHARTER TOWNSHIP COUNTY OF SAGINAW ORDINANCE NO. 04- AN ORDINANCE TO REGULATE SIGNS LOCATED IN THE TOWNSHIP, EXCLUDING BILLBOARD SIGNS

ARTICLE XVII SIGNS ADOPTED JANUARY 12, 2004/Amendments through

Statement of purpose. The purposes of this section are as follows: To provide for signs as a means of effective visual communication.

COLERAIN TOWNSHIP ZONING COMMISSION Regular Meeting Tuesday, June 20, :00 p.m.

ORDINANCE NO AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF PORT ARANSAS, TEXAS, BY ADOPTING A NEW CHAPTER

Transcription:

MINUTES of the second Regular Meeting of the month of the Pembroke Town Board held on October 25, 2018 at the Pembroke Town Hall, 1145 Main Road, Corfu, New York. PRESENT: John J. Worth, Supervisor Kathleen Manne, Councilwoman K. Warren Clark, Councilman OTHERS PRESENT: Nicole M. Begin, Town Clerk; Tom Schneider, Zoning Dept.; James Uebelhoer, Planning Board. ABSENT: Edward G. Arnold, Jr., Deputy Supervisor; Thomas Dix, Councilman; Stephen Stocking, Highway Superintendent Supervisor Worth called the meeting was called to order at 6:05 P.M. OLD BUSINESS 1. Town Park Improvements- Gazebo/Dugout The gazebo parts have been delivered will be built next week. The dugout construction is being planned for spring. The school has received a PEP grant and are looking to do a couple projects in the Town Park. 2. Sewer Easements No report 3. Highway Garage Replacement/Repair No report. 4. County Sales Tax Agreement The County has revised the sales tax plan several times. The current plan being discussed is that the towns will receive a letter two years in advance to let them know approximately what they will receive. The county plans to pay their bills first from the sales tax revenue then split what is left with the City and cap the Towns and Villages. 5. 2019 Budget The proposed Budget has been reviewed by Town Board members. A public hearing will be scheduled for November 8 th. 6. Water Districts 4 in 2018 The board discussed the concerns on whether the County can plan to pay for the water project to the STAMP site if the focus for funds will be on the new county jail and roads/bridges. If they cannot the Town will need to rethink Water District #4. 7. Five Year Plan Councilman Dix and Councilwoman Manne are working on getting figures and information together, so they can design a five-year plan for the town. 8. GAM The Towns and Villages have been discussing the new County sales tax plan at great length. There is much concern on how it will affect residents outside of the city. 9. Checkwriter 1983 The town has an old checkwriter that has not been used for several years. There is a resolution to declare it surplus property and donate it to the museum. 10. DASNY Grant Supervisor Worth hopes to close out the DASNY grant & receive payment before year end. NEW BUSINESS 1. Phase 2 at the Town Park No report. 2. Comprehensive Plan Review Tom Schneider and Jim Uebelhoer have been working on the Comprehensive Plan Update. The first meeting will be November 14 th barring no conflicts. COMMITTEE REPORTS Planning Board Chairman Mr. Uebelhoer said that the Planning Board approved the Speedway project contingent on ZBA findings. 1

Reg. Meeting -2-10/25/18 Supervisor Worth Mr. Worth is working in finding funding for the sewer plant expansion. The Treasury Bonds through M&T will be purchased this week. Councilwoman Manne Mrs. Manne said that CPP recommended verbiage in the employee handbook to be in compliance with the new NYS Sexual Harassment Prevention law. The changes were added to the policy and it was given to each board member for review. A poster was given to the Town Clerk along with the complaint forms to hang in the breakroom. Training will take place for all employees in 2018 or 2019. RESOLUTIONS RESOLUTION # 60 of 2018 Adoption of Local Law No. 4 of the Year 2018 REVOTED ON 11/8/2018 WHEREAS a public hearing was held by the Pembroke Town Board at a regular meeting on October 11 th 2018 at the Pembroke Town Hall, 1145 Main Road in said Town at 6:30 P.M. pursuant to a Notice of Public Hearing, published in The Daily News on October 1 st 2018, and posted on the sign board at the Pembroke Town Hall, A Local Law to Amend Local Law No. 1 of 1991, Zoning Law Text and Map changes of the Town of Pembroke; and WHEREAS the members of the Town Board have had said Local Law No. 4 of the Year 2018 in final form for the period required under Section 20 of the New York Municipal Home Rule Law; and WHEREAS the Town Board of the Town of Pembroke, as lead agency for SEQR, finds that any environmental effects regarding the proposed text and map changes in the zoning law will not be significant; and WHEREAS the Town Board of the Town of Pembroke, after due deliberation, finds it in the best interest of the Town to adopt said Law; NOW, THEREFORE, BE IT RESOLVED that as a determination of non-significance, and in compliance with the requirements of SEQRA, the Town Board of the Town of Pembroke, as Lead Agency for the purposes of this law, hereby issues a Negative Declaration and directs that the Negative Declaration be filed and made available in accordance with the requirement of SEQRA, and BE IT FURTHER RESOLVED, that the Town Board of the Town of Pembroke hereby adopts said Local Law as Local Law No. 4 of 2018, a true copy of which is attached hereto and made a part of this Resolution, and BE IT FURTHER RESOLVED, that the Town Clerk be, and she hereby is directed to enter this Resolution and said Local Law in the minutes of this meeting, enter said Local Law No. 4 of 2018 in the Local Law Records Book of the Town of Pembroke, and send a certified copy thereof with due notice of adoption to the New York Secretary of State for filing at the New York Department of State. This Local Law shall become effective upon its filing with the New York Secretary of State. 2

Reg. Meeting -3-10/25/18 Motion: Councilwoman Manne Second: Councilman Clark Ayes: Manne, Clark, Worth Nays: None APPROVED by: Unanimous vote (3-0) SECTION 521 A. Permit Requirements NON-COMMERCIAL WIND ENERGY SYSTEMS (Local Law #2 of 2012) 1. Special Use Permit A Special Use Permit is required for Non-Commercial Wind Energy Systems or a component thereof, except for Non-Commercial Wind Energy Systems located in County-adopted, State-certified Agricultural Districts for primary on-farm use. 2. Zoning Permit A Zoning Permit and Site Plan Review are required for the installation of a Noncommercial Wind Energy Systems or a component thereof. 3. Expiration A permit issued pursuant to this Zoning Ordinance/Law expires if: a. The Non-Commercial Wind Energy System is not installed and functioning within 1 year from the date the permit is issued unless project requires more time, due to grant money issues, proof required. The Special Use Permit can be extended by the Planning Board to coincide with an extension granted by the Zoning Administration for the building permit or b. The Non-Commercial Wind Energy System is out of service or otherwise unused for a continuous 12-month period. 4. Fees a. The application for a Special Use Permit Non-Commercial Wind Energy System, except for Non-commercial Wind Energy Systems located in County-adopted, State-certified Agricultural Districts must be accompanied by the fee required for a Special Use Permit. b. The application for a Zoning Permit for each tower in a Non-Commercial Wind Energy System must be accompanied by the fee required for a zoning permit for an accessory use. Special Use Permit or Zoning Permit Requirements In addition to those criteria set forth under other Sections of this Zoning Ordinance/Law, the Town Planning Board may consider the following factors when setting conditions upon Special Use Permits or site plans issued for all Non-commercial Wind Energy Systems and may hire a professional engineer or consultant to assist in the review of an application at the applicant's expense: 3

Reg. Meeting -4-10/25/18 1. Number of wind towers and their location. 2. Nature of land use on adjacent and nearby properties. 3. Location of other wind energy systems in the surrounding area. 4. Surrounding topography. 5. Proximity to residential structures, residential zoning districts, or areas identified for future residential use. 6. Design characteristics that may reduce or eliminate visual obtrusiveness. 7. Possible adverse effects on migratory birds, and other animals and wildlife. 8. Possible adverse effects of stray voltage, interference with broadcast signals, shadow flicker, and noise. 9. Impact on the orderly development, property values, and aesthetic conditions. 10. Any other factors relevant to the proposed system. C. Standards 1. Location - A Non-commercial Wind Energy System may only be located in areas that are zoned Agricultural (AG), Agricultural-Residential (AG-R), Industrial (I), Commercial (C), Limited Commercial (LC), and Interchange (INT). 2. Setbacks - Each wind tower in a Non-commercial Wind Energy System must be set back 1.5 times the height of the tower from neighboring property lines. 3. Safety a. Operational Safety. Wind towers shall have an automatic braking, governing or feathering system to prevent uncontrolled rotation, overspeeding and excessive pressure on the tower structure, rotor blades and turbine components. b. Lightning. All wind towers shall provide a continuous electrical path to the ground to protect the tower from lightning. c. Lighting. A wind tower and turbine may not be artificially lighted unless such lighting is required by the Federal Aviation Administration (FAA), other governmental agency, recognized safety guidelines (i.e. Mercy Flight), or the Planning Board. If lighting is required, the lighting must comply with FAA minimum requirements and, whenever possible, be at the lowest intensity allowed. If more than one lighting alternative is available, the Town reserves the right to choose the least obtrusive lighting option available. 4. Signs - No wind tower, turbine, building, or other structure associated with a Noncommercial Wind Energy System may be used to advertise or promote any product or service. 5. Noise - Audible noise due to the operation of any part of a Non-commercial Wind Energy System shall not exceed 60 decibels (dba) for any period of time, when measured at any lot line adjacent to the wind energy system. The applicant shall provide a certification from the wind energy manufacture that the audible noise from the unit does not exceed 60 decibels (dba) at a distance of 100 ft. from the installation site. The Planning Board may allow the decibel level to exceed 60 in extenuating circumstances. 6. Installation Requirements - According to manufacturer's recommendations and New York State Energy Research and Development Authority (NYSERDA) eligible installers under the Small Wind Program. 4

Reg. Meeting -5-10/25/18 SECTION 506 SIGNS A. General Standards Except as provided in Section 506.C., every sign (other than temporary signs) shall require a zoning permit. A zoning permit issued for a sign that meets the provisions of SECTION 506 does not require a site plan review by the Planning Board. Also, every sign shall be designed, attached, supported, and located in such a manner as to: 1. Not impair public safety. 2. Not restrict clear vision between a sidewalk and street, and a driveway, or between two streets. 3. Not be confused with any traffic sign or signal. 4. Not prevent free access to any door, window, or fire escape. 5. Signs may be illuminated by a steady light provided that lighting does not illuminate adjacent property. Flashing, oscillating and revolving signs are not permitted, unless necessary for public safety or welfare. B. Off-Premises Signs Off-premises advertising signs are not permitted in any district. C. Signs Permitted In All Districts Without A Zoning Permit 1. One (1) number and/or name plate identifying residents, mounted on house, apartment or mailbox, not exceeding one (1) square foot in area. 2. One (1) lawn sign identifying residents, not exceeding one (1) square foot, or two (2) square feet if double-faced. Such signs are to be non-illuminated except by a light which is an integral part of a lamppost if used as a support, with no advertising message thereon. 3. One (1) sign identifying the name of the farm owner or name of the farm not exceeding twenty-four (24) square feet in area and located not less than ten (10) feet from a lot line. 4. One (1) "For Sale" or "For Rent" sign not exceeding an area of six (6) square feet. Such sign shall not be greater than six (6) feet in height and shall be located not less than ten (10) feet from a lot line. Such signs shall be removed upon completion of the sale or rental. 5. A sign used on a temporary basis to identify or announce an activity or function including, but not limited to, a construction project and the subcontractor involved, elections, sporting events, carnivals, garage sales, and meetings, etc. Such signs shall not exceed 12 square feet and shall not be located less than five (5) feet from a lot line. Temporary signs shall be removed within ten (10) days after the activity or function ends. Garage sales and farm produce sales temporary signs used more than sixty (60) days per year shall require a permit as set forth in Section 506.D.3. 5

Reg. Meeting -6-10/25/18 6. Political Campaign Signs not exceeding four (4) square feet in size, located at least five (5) feet from a lot line, with only one (1) sign per candidate per parcel of property. Candidates of the same political party for various offices may be named on a single sign. Such signs shall not be placed more than sixty (60) days prior to an election and shall be removed within three (3) days after an election. D. Other Signs Permitted in Agricultural, Agricultural-Residential, or Medium Density Residential Districts The following signs are permitted in AG, AG-R, or MDR Districts upon issuance of a Zoning Permit. 1. A maximum of two (2) home occupation or skilled trade shop signs not exceeding six (6) square feet in area each and located not less than ten (10) feet from any lot line. 2. One (1) sign identifying a mobile home park in an Agricultural-Residential District, not exceeding twenty (20) square feet in area and located not less than ten (10) feet from a lot line. 3. A maximum of two (2) signs identifying farm produce sales or garage sales not to exceed twelve (12) square feet in combined total signage and located not less than ten (10) feet from a lot line when used sixty (60) or more days per year. 4. One ( 1) sign identifying a school, church, public park or public building, not exceeding forty (40) square feet in area on any one side and located not less than ten (10) feet from a lot line. 5. One (1) sign for uses which have a valid special use permit to operate. Such sign may either be wall-mounted with a maximum size of 20 square feet, or freestanding with a maximum size of eight (8) square feet per side. Freestanding signs shall be limited in height to 25 feet and not be located within 10 feet of a property line. The final location/placement of all signs for uses allowed by special use permits in the AG, AG-R, and MDR Districts shall be determined by the Planning Board. 6. Off-premises directional signs, for sub-divisions or mobile home parks located in the Town of Pembroke, not exceeding fifteen (15) square feet and limited to two (2) signs per use. Such signs shall be located not less than ten (10) feet from a lot line or the road right-of way. E. Other Signs Permitted in Commercial, Limited Commercial, Industrial, Interchange or Earth Product Districts The following business signs are permitted in C, LC, I, INT, or EP Districts upon issuance of a zoning permit subject to site plan review for all new signs (not including new lettering on an existing sign). 1. Two (2) on-premises signs, one of which may be freestanding (except for shopping centers), shall be allowed for each permitted use. If attached, such signs shall not exceed a total area of one hundred (100) square feet or an area equal to ten (10) percent of the wall area of the building or portion thereof devoted to such use or activity, whichever is less. No sign shall project more than one (1) foot from the facade of the building. 2. On-premises freestanding signs shall be permitted. Such signs shall conform to the following provisions relating to their number and size: 6

Reg. Meeting -7-10/25/18 a. Each commercial or industrial use, except as limited by Section 506.E.2.b, may have one freestanding business sign, except businesses located on through lots which may have two. Such freestanding sign shall have an area of not more than twenty-five (25) square feet nor be more than twenty-five (25) feet in height, and located not less than ten (10) feet from a lot line. b. Freestanding signs in a shopping center or industrial park shall be limited to one (1) directory sign at any location thereon not exceeding five (5) square feet in area for each acre of land in the shopping center or industrial park, provided that no such sign shall exceed thirty (32) square feet in area. 2. Off-premises directional signs for businesses located in the Town of Pembroke, not exceeding thirty-two (32) square feet in size and limited to two (2) signs peruse shall be permitted. Such signs shall be located not less than ten (10) feet from a lot line. 3. Portable Signs. Any sign not permanently attached to the ground or a building. In addition, any temporary sandwich type, sidewalk, or curb sign over 12 square feet in area and/or over four (4) feet in height is considered to be a portable sign. Such signs shall be located not less than (10) feet from a lot line. F. Nonconforming Signs 1. Nonconforming signs whether on premises or off premises shall be removed at the expense of the owner when the use discontinued. This shall include portable, temporary and permanent signs. 2. Nonconforming signs may not be enlarged, extended, relocated or altered in any way, except to make them conform to provisions of this Zoning Law. This provision shall not restrict routine maintenance of nonconforming signs involving replacement of electrical parts and repainting. G. Prohibited Signs The following types of sign are prohibited and shall not be permitted, erected, or maintained in any zoning district and the owner thereof shall upon written notice of the Zoning Enforcement Officer forthwith, in the case of immediate danger, or otherwise within 10 days, make such sign conform with the provisions of this Zoning Law or remove it. If the order is not complied with, the Zoning Enforcement Officer may cause said sign to be removed at the expense of the owner. 1. Any sign, which by reason of its size, location, content, coloring or manner of illumination, constitutes a traffic hazard or a detriment to traffic safety by obstructing the vision of drivers, or by obstruction or detraction from the visibility of any traffic control device on public streets and roads. 2. Signs, which obstruct free ingress to or egress from a required door, window, fire escape or other required exit way. 3. Signs, which make use of words such as "STOP", "LOOK", "DANGER", and other words, phrases, symbols, or character in such a manner as to interfere with, mislead or confuse traffic. 7

Reg. Meeting -8-10/25/18 4. Any sign which has any visible moving part, visible revolving parts or visible mechanical movement of any description (except time and temperature revolving signs as allowed) or other apparent visible movement achieved by electrical, electrical or kinetic means, including intermittent electrical pulsations, or by action of normal wind current. 5. Signs or other exterior advertising structure displaying any obscene, indecent, or immoral matter. H. Interchange District The Interchange District, a gateway to the community and a vital area for economic development, has been designated for future commercial and industrial development. Within this district, special attention must be paid to signage to ensure an area that reflects the characteristics of the Town of Pembroke. 1. Prohibited signs: a. Signs on roofs, dormers and balconies b. Billboards 2. Permitted Signs a. Wall mounted signs b. Projecting signs c. Awning signs d. Freestanding signs Such permitted freestanding signs shall be limited to 35-feet in height and conform to the following provisions relation to their number and size: Size of Building (sq. ft.) Maximum size of freestanding sign (sq. ft.,1 side) 5,000 25 5,000-34,999 50 35,000-100,000 75 100,000 100 SECTION 523 SOLAR ENERGY SYSTEMS A. Permit Requirements 1. Special Use Permit A Special Use Permit is required for Commercial Solar Energy Systems, Solar Farm or a component thereof. Residential Solar Energy Installations do not require a Special Use Permit. 2. Zoning Permit A Zoning Permit and Site Plan Review are required for the installation of Commercial Solar Energy Systems, Solar Farm or a component thereof. 8

Reg. Meeting -9-10/25/18 3. Expiration A permit issued pursuant to this Zoning Ordinance/Law expires if: a. The Commercial Solar Energy System or Solar Farm is not installed and functioning within 1 year from the date the permit is issued, unless project requires more time, due to extenuating circumstances, proof required. The Special Use Permit can be extended by the Planning Board to coincide with an extension granted by the Zoning Administration for the building permit or b. The Commercial Solar Energy System or Solar Farm is out of service or otherwise unused for a continuous 12-month period. 4. Fees a. The application for a Special Use Permit for A Commercial Solar Energy System or Solar Farm must be accompanied by the fee required for a Special Use Permit. b. The application for a Zoning Permit for each Commercial Solar Energy System or Solar Farm must be accompanied by the fee required for a zoning permit for an accessory use. B. Standards 1. Location a. Commercial Solar Energy Systems may only be located in areas that are zoned Agricultural (AG), Agricultural-Residential (AG-R), Industrial (I), Commercial (C), and Limited Commercial (LC). b. Solar Farms may only be located in areas that are zoned Agricultural (AG) and Agricultural- Residential (AG-R). 2. Setbacks Law. a. Each Commercial Solar Energy System must be set back according to Schedule A of the Zoning 3. The requirements of this section shall apply to all solar energy systems modified or installed after the effective date of this section. 4. All solar energy systems shall be designed, erected and installed in accordance with all applicable codes and regulations, as referenced in the New York State Uniform Code and the New York State Property Maintenance Code. 5. Multiple uses on one lot. Construction and installation of a Commercial Solar Energy System or Solar Farm shall not be considered as creating more than one principal building and/or one principal use on any one lot in Agricultural (AG), Agricultural-Residential (AG-R), Industrial (I), Commercial (C), and Limited Commercial (LC) Districts. 9

Reg. Meeting -10-10/25/18 C. Special Use Permit or Zoning Permit Requirements In addition to those criteria set forth under other Sections of this Zoning Ordinance/Law, the Town Planning Board may consider the following factors when setting conditions upon Special Use Permits or site plans issued for all Commercial Solar Energy Systems and may hire a professional engineer or consultant to assist in the review of an application at the applicant's expense: 1. Ingress and egress. 2. Size and location of panels. 3. Nature of land use on existing, adjacent and nearby properties. 4. Location of other Solar Energy Systems/Solar Farms in the surrounding area. 5. Topography. 6. Proximity to residential structures. 7. Design characteristics. 8. Possible adverse effects on wildlife. 9. Glare and reflectivity issues. 10. Any other factors relevant to the proposed system. D. Design standards. 1. Height. Systems, equipment and structures shall not exceed the maximum height allowed in the applicable zoning district as set forth in Schedule A, of the Town of Pembroke Zoning Law. 2. Size. The size of a Solar Energy System or Solar Farm shall not exceed 20 acres. 3. Setbacks. A Solar Farm shall comply with the setback requirements of the zoning district in which it is located. 4. Distribution lines. New electricity distribution lines may be located above or below the ground. 5. Approval. All components must have a UL listing or equivalent. 6. Security. A security fence shall surround the perimeter of a Solar Farm. 7. Accessibility. The site of Solar Energy Systems and Solar Farms shall be accessible for all emergency service vehicles. 8. Signage. All signage shall be prohibited on a solar farm or its fencing except as authorized in a special use permit or required by New York State Building and Fire Code. E. Compliance It is unlawful for any person to construct, install, maintain, modify or operate a Solar Energy System or Solar farm that is not in compliance with this chapter or with any conditions contained in a special use or zoning permit issued pursuant to this chapter. 10

Reg. Meeting -11-10/25/18 F. Abandonment It is the responsibility of the property owner to remove all obsolete or unused Solar Energy Systems or Solar Farms within 12 months of cessation of operations. Reusable components are to be recycled whenever feasible. G. Decommissioning Bond F. Penalties Prior to issuance of a special use permit for a Commercial Solar Energy System or Solar Farm, the Planning Board shall determine if a bond must be required to be issued in the name of the Town of Pembroke in an amount specified by the Planning Board after consultation with the Town Attorney and Town Engineer, to be used by the Town for remediation in the event that all obsolete or unused commercial solar energy systems or solar farm components are not removed within 12 months of the cessation of operations as required herein. Any person, firm, corporation or entity which may violate any provisions of this section shall be guilty of a violation and, upon conviction thereof, shall be subject to penalties set forth in the Town of Pembroke Zoning Law. Any person, firm, corporation or entity which may violate any provisions of this section shall become liable to the Town for any actual expense or loss or damage occasioned by the Town by reason of such violation; in addition to any actual losses or damages sustained by the Town, such expense shall also include, but not be limited to, statutory costs, disbursements and reasonable attorney's fees in the event that an action is commenced to enforce this section. The imposition of penalties herein prescribed shall not preclude the Town or any person from instituting appropriate legal action or proceedings to prevent a violation of this chapter or to restrain or enjoin the use or occupancy of premises or any part thereof in violation of this chapter. Definitions to be added. COMMERCIAL SOLAR ENERGY SYSTEM A free standing solar energy system installed by a Commercial Enterprise. SOLAR ENERGY SYSTEM A system that uses photovoltaic equipment to convert solar energy into electricity. Examples of solar energy systems include, but are not limited to, flush-mounted solar panels installed on the roof of a building and freestanding or ground-mounted solar panels supported by posts fixed to the ground and not attached to an existing building. SOLAR FARM An area of land used primarily for the purpose of producing electricity by means of a solar energy system. Parcel Rezone 2. Rezone of Parcels TM#15.-1-2 and TM# 10.-1-30 from Agricultural-Residential (AG-R) to Interchange (INT) 11

Reg. Meeting -12-10/25/18 RESOLUTION # 61 of 2018 Surplus Equipment -1983 Checkwriter WHEREAS the Town of Pembroke has the following excess equipment that it wishes to donate to the History Museum because it has no value to the Town of Pembroke: 1 1983 Paymaster Checkwriter model no. 8N366979 BE IT RESOLVED the Town Board declares this item as surplus property and that the item be donated to the History Museum. Motion: Councilman Clark Second: Councilwoman Manne Ayes: Manne, Clark, Worth Nays: None APPROVED by: Unanimous vote (3-0) RESOLUTION # 62 of 2018 Order Ford F Series SD F550 4x4 WHEREAS the 2010 Ford F4D Utility truck is starting to see a lot of repairs and WHEREAS the Highway Superintendent feels that it is a good time to replace it since due to age and cost of repairs; NOW, THEREFORE, BE IT RESOLVED that the Town Board authorizes Highway Superintendent Stephen Stocking to order a Ford F Series SD F550 4x4 off of state contract for a total cost not to exceed $80,000.00 to replace the 2010 Ford F4D Utility truck. Motion: Councilwoman Manne Second: Supervisor Worth Ayes: Manne, Clark, Worth Nays: None APPROVED by: Unanimous vote (3-0) RESOLUTION # 63 of 2018 Payment of Abstract WHEREAS, A request has been made to pay the normal operating expenses of the Town of Pembroke, and, 12

Reg. Meeting -13-10/25/18 WHEREAS, these payments are within the normal scope of the 2018 working budget, and create no additional cost to the Town of Pembroke; NOW, THEREFORE BE IT RESOLVED, That the Town of Pembroke hereby authorizes the Supervisor to make the appropriate payments contained within Abstract # 20 of 2018. Motion: Councilman Clark Second: Councilwoman Manne Ayes: Manne, Clark, Worth Nays: None APPROVED by: Unanimous vote (3-0) RESOLUTION # 64 of 2018 Sexual Harassment Policy & Complaint Form RESOLVED that to be in compliance with the new NYS Sexual Harassment Prevention law the Town Board hereby adopts the entire NYS policy as is and have attached it to the Employee Handbook; AND, BE IT, FURTHER RESOLVED that a Sexual Harassment Prevention Policy poster and complaint forms have been posted in the employee break room. Motion: Councilman Clark Second: Councilwoman Manne Ayes: Manne, Clark, Worth Nays: None APPROVED by: Unanimous vote (3-0) On MOTION of Councilwoman Manne, seconded by Councilman Clark to adjourn the meeting at 6:50 P.M. ALL AYES MOTION CARRIED. Respectfully submitted, Nicole M. Begin, Town Clerk THESE MINUTES ARE A DRAFT ONLY OF THE TOWN BOARD MEETING OF OCTOBER 25, 2018 AND ARE SUBJECT TO CHANGE AND/OR REVISION PRIOR TO BEING ACCEPTED BY THE TOWN BOARD AT THE FIRST REGULAR TOWN BOARD MEETING OF EACH MONTH. 13