Town of Johnstown Codes
This document contains all 84 chapters of the various codes for the Town of Johnstown.
Some have been deleted or amended since this document was published.
NEW ZONING MAP- Adopted 12/19/2011
December 19, 2011
The REVISED zoning map is now available for public review!
LOCAL LAW NO. OF 2012
A LOCAL LAW AMENDING THE JOHNSTOWN TOWN CODE TO ADD NEW CHAPTER 45 REQUIRING PROPERTY OWNERS TO MAINTAIN ADEQUATE GARBAGE CONTAINERS
WHEREAS, the Town Board of the Town of Johnstown has the power and authority to enact laws for the promotion of the health, safety and welfare of the public; and
WHEREAS, the Town Board of the Town of Johnstown serves as the local Board of Health; and
WHEREAS, the Town Board of the Town of Johnstown, after due consideration, determines that accumulation of garbage and trash that is notrestricted to appropriate water-tight containers is a detriment to the health, safety and welfare of the public; and
WHEREAS, such garbage and trash attracts vermin , creates offensive odors, spreads disease and provides an unsightly appearance; and
WHEREAS, the detriment to the public is compounded where garbage and trash accumulates on a multi-residential property; and
WHEREAS, the Town Board finds it necessary and desirable to amend its Town Code to address these issues.
NOW, THEREFORE, BE IT ENACTED BY THE JOHNSTOWN TOWN BOARD AS FOLLOWS:
Section 1. Authority - This Local Law is adopted pursuant to Municipal Home Rule Law §10 and Town Law §130.
Section 2. New Chapter 45 is hereby added to the Town Code
As used in this chapter, the following terms shall have the meanings indicated:
An apartment, mobile home, or other living-quarters designed for independent
occupancy by one or more persons.
Food waste and other discarded items. This term shall not include any properly maintained composting area.
Any residence including three or more separate dwelling units.
Includes an individual, firm, partnership or corporation.
The title owner of any real property or the owner as last listed on the real
property assessment records of the Town of Johnstown.
All solid wastes including garbage, rubbish and ashes.
Solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
The Town of Johnstown.
§ 45-2 Requirement for adequate refuse storage for multi-family dwelling. The property owner of any multi-family dwelling in the Town shall provide an adequate number of water-tight storage containers to store or contain all refuse and rubbish generated on the premises and shall cause such containers to be emptied no less than once every two weeks.
§ 45-3 Use of contracted service allowed. The property owner of any multi-family dwelling may meet their obligation as set forth in section §45-2 by entering into and maintaining a contract for dumpster service or garbage removal service that satisfies the requirements of that section.
§ 45-4 Proper maintenance of dumpsters. Any property owner who regularly uses a dumpster service to provide for refuse and/or rubbish disposal for any residential dwelling shall maintain the area outside such dumpster in a clean and hygienic condition and all such dumpsters shall be shielded from public view from any Townroad by use of a fence or living barrier.
§ 45-5 Accumulation of refuse prohibited. No property owner shall allow refuse or rubbish to accumulate outside watertight containers.
§ 45-6 Enforcement. The Town Enforcement Officer is authorized to enforce the provisions of this Chapter.
§ 45-7 Penalties for offenses.
Any person violating any of the provisions of this chapter shall be guilty of a violation punishable by a fine of not less than $50 and not more than $200 for a firstoffense, or a fine of not less than $100 or more than $200 or by imprisonment for not more than 10 days, or by both such fine and imprisonment for a second orsubsequent offense.
Section 3. Effective Date - This Local Law shall take effect upon filing in the office of the New York State Secretary of State.
New Chapter 45 (DOCX - 19.8 KB)
Chapter 54 - DELETED (12/19/2011)
February 01, 2010
Chapter 84 of the Town of Johnstown Codes - Adopted 12/19/2011
Chapter 84-20A - Adopted 7/14/2015
New Chapter 84-20A (DOC - 38.5 KB)
Chapter 84, Section 84-45B - Solar Farms (Adopted 2015)
July 27, 2015
July 20, 2015
BE IT ENACTED by the Johnstown Town Board as follows:
ARTICLE 1. The Johnstown Town Code is hereby amended by inserting the following definitions in Johnstown Town Code Article 15 in alphabetical order:
Solar Collector – A device, structure, panel or part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal,mechanical, chemical or electrical energy.
Solar Farm – The use of land where a series of one (1) or more solar collectors are placed in an area on a parcel of land for the purpose of generating photovoltaic powerand said series of one
or more solar collectors placed in an area on a parcel of land collectively has a nameplate generation capacity of at least 15 kilowatts (kW) direct current (dc) or more when operating at maximum efficiency.
ARTICLE 2. The Johnstown Town Code is hereby amended by creating new Section 84-45B entitled “Solar Farms” as follows:
Section 84-45B. Solar Farm Law.
Purpose. The requirements of this section are established for the purpose of allowing the development of solar farms in the Town and to provide standards for the placement, design, construction, operation, monitoring,modification and removal of these systems.
Applicability. The standards found in this section are applicable to “Solar Farms” as defined in Article 15 of this Zoning Ordinance. The term “Solar Farm” shall not beconstrued to include, so as to prohibit, or have the effect of prohibiting, the installation of a solar collector that gathers solar radiation as a substitute for traditional energyfor water heating, active space heating and cooling, passive heating or generating electricity for a residential property. The term “Solar Farm” shall also not be construedin such a way as to prohibit the installation or mounting of a series of one (1) or more solar collectors upon the roofs of residential and/or commercial structures regardlessof whether the said series of one (1) or more solar collectors collectively has a total nameplate generation of at least 15 kilowatts (kw) direct current (dc) or more when operating at maximum efficiency.
Blueprints or drawings of the solar photovoltaic installation signed by a licensed Professional Engineer showing the proposed layout of the system and any potentialshading from nearby structures.
Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures.
A description of the solar farm facility and the technical, economic and other reasons for the proposed location and design shall be prepared and signed by a licensed professional engineer.
Confirmation prepared and signed by a licensed professional engineer that the solar farm complies with all applicable Federal and State standards.
One or three line electrical diagram detailing the solar farm layout, solar collector installation, associated components, and electrical interconnection methods, with all National Electrical Code compliantdisconnects and over-current devices.
Documentation of the major system components to be used, including the PV panels, mounting system, and inverter.
An operation and maintenance plan which shall include measures for maintaining safe access to the installation, storm water controls, as well as general procedures for operational maintenance of the installation.
Information on noise (Inverter) and reflectivity/glare of solar panels and identify potential impacts to abuttors.
Minimum Requirements. In any district will requires a Special Use Permit for a Solar Farm, the development shall conform to the following standards which shall beregarded as minimum requirements:
Solar Farms of less than 26 (kW) shall be on a parcel of not less than five (5) acres, otherwise a minimum of (10) acre parcel shall be required.
All ground-mounted panels shall not exceed eight (8) feet in height.
All mechanical equipment on a Solar Farm, including any structure for batteries or storage cells, are completely enclosed by a minimum 8’ high fence with a self-locking gate.
The total surface area of all ground-mounted and freestanding solar collectors, including solar voltaic cells, panels and arrays, shall not exceed 80% of the total parcel area.
The installation of a vegetated perimeter buffer to provide year round screening of the system from adjacent properties.
Because of neighborhood characteristics and topography, the planning board shall examine the proposed location on a case by case basis. Ensuring the potential impact to its residents, business or traffic are not adetriment.
All solar energy production systems are designed and located in order to prevent reflective glare toward any habitable buildings, as well as streets and rights-of-way.
All onsite utility and transmission lines are, to the extent feasible, placed underground.
The installation of a clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.
The system is designed and situated to be compatible with the existing uses on adjacent and nearby properties.
All solar energy system components shall have a 50 foot setback, unless abutting residential uses. Whereby it shall be located a minimum of 200’ from property lines.
Solar modular panels shall not contain hazardous materials.
All appurtenant structures including but not limited to equipment shelters, storage facilities, transformers and substations shall be architecturally compatible with each other and shall be screened from the view of personsnot on the parcel.
Lighting of “Solar Farms” shall be consistent with State and federal law. Lighting of appurtenant structures shall be limited to that required for safety and operational purposes and shall be reasonably shielded fromabutting properties. Where feasible, lighting of the solar photovoltaic installation shall be directed downward and shall incorporate full cutoff fixtures to reduce light pollution.
There shall be no signs except announcement signs, such as “no trespassing signs or any signs required to warn of danger”. A sign is required that identifies the owner and operator with an emergency telephonenumber where the owner and operator can be reached on a 24-hour basis.
There shall be a minimum of one (1) parking space to be used in connection with the maintenance of the solar photovoltaic facility and the site. However, it shall not be used for the permanent storage of vehicles.
The solar farm owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the local fire chief. Upon request, the owner oroperator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the solar farm facility shall beclearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation.
No solar farm shall be approved or constructed until evidence has been given to the Planning Board that the utility company that operates the electrical gridwhere the installation is to be located has been informed of the solar farm owner’s or operator’s intent to install an interconnected customer-owned generator.
A solar farm owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the local Fire Chief and Emergency Medical Services. The owner or operator shall be responsible for the cost of maintaining the solar farm and any access road(s), unless accepted as a public way.
A valid performance bond assigned to the Town of Johnstown for 10 acre systems with dates and monetary amounts to be determined by the planning board fordecommissioning purposes.
Decommissioning/Removal. All applications for a solar farm shall be accompanied by a Decommissioning Plan to be implemented upon abandonment and/or in conjunction with removal of the facility. Prior to removal of the solar farm, a permit for removal activities shall be obtained from the Code Enforcement Department. TheDecommissioning Plan shall include the following provisions:
The owner, operator, his successors in interest shall remove any ground-mounted solar collectors which have reached the end of their useful life or have beenabandoned. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operatorshall notify the Town Code Enforcement Officer by certified mail of the proposed date of discontinued operations and plans for removal.
Physical removal of all ground-mounted solar collectors, structures, equipment, security barriers and transmission lines from the site.
Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.
Stabilization or re-vegetation of the site as necessary to minimize erosion. The Planning Board may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosionand disruption to vegetation.
Absent notice of a proposed date of decommissioning and written notice of extenuating circumstances, the solar farm shall be considered abandoned when it fails to operate for more than one year without the writtenconsent of the Planning Board. If the owner or operator of the solar farm fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date ofdecommissioning, the Town may enter the property and physically remove the installation.
Estimate and Financial Surety. In addition to the Decommissioning Plan, the applicant shall also provide an estimate, prepared by a qualified engineer, setting forth the costs associated with decommissioning the solar farm at issue. In the event the Planning Board grants a Special Use Permit pursuant to this Chapter, it must also establish the amount of such surety to be established by the applicant prior to _________ [for example, building permit issuance]. The surety may be in the form of escrowed funds, bonds or otherwise, but it is the intention of this provision to ensure that the Town has sufficient funds available to remove the installations and restore landscaping consistent with Section F above, in the event the applicant fails to comply with its decommissioning obligations.
ARTICLE 3. The invalidity of any clause, sentence, paragraph or provision of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof.
ARTICLE 4. All Local Laws or Ordinances or parts of Local Laws or Ordinances in conflict with any part of this Local Law are hereby repealed.
ARTICLE 5. This Local Law shall take effect upon filing in the office of the New York State Secretary of State.