[Added 7-12-2010 by L.L. No. 4-2010]
A.
The Town of Tonawanda recognizes that solar energy is a clean, readily
available, and renewable energy source. Development of solar energy
systems provides an excellent opportunity for the reuse of brownfields
and landfills throughout the Town and offers an energy resource that
can act to attract and promote green business development.
B.
The Town of Tonawanda has determined that comprehensive regulations
regarding the development of solar energy systems is necessary to
protect the interests of the Town, its residents, and its businesses.
This article is intended to promote the effective and efficient use
of solar energy resources; set provisions for the placement, design,
construction, and operation of such systems to uphold the public health,
safety, and welfare; and to ensure that such systems will not have
a significant adverse impact on the aesthetic qualities and character
of the Town.
A.
Any large-scale or utility-scale solar energy system erected, constructed, modified, or operated in the Town of Tonawanda after the effective date of this article shall be in compliance with this article. This article is only applicable to large-scale and utility-scale solar energy systems and shall not apply to small-scale solar energy systems, as defined in § 215-4, which are regulated by §§ 215-133 through 215-136 of Chapter 215, Zoning.
B.
In order to promote innovative design and encourage the inclusion
of alternative energy systems within the overall design of a building,
solar energy systems determined by the Code Enforcement Officer to
be building-integrated photovoltaic (BIPV) systems, as defined herein,
are exempt from the requirements of this article. BIPV systems are
still required to meet applicable building codes and obtain all necessary
permits. The Code Enforcement Officer may request assistance from
the Planning Board to determine whether a solar energy system should
be considered a BIPV system.
A.
Large-scale and utility-scale solar energy systems that meet the definition of a rooftop-mounted solar energy system, as defined herein, shall be considered a permitted use pursuant to this article (and Article IXF of Chapter 215, Zoning, where applicable) requiring issuance of a building permit within the M-F Multifamily Dwelling District, C-1 Restricted Business District, C General Business District, P-S Performance Standards Use District, G-I General Industrial District, W-MU Waterfront Mixed Use District, WB Waterfront Business District, RHC Retail-Highway Commercial Use District, and WID Waterfront Industrial District.
B.
Large-scale solar energy systems meeting the definition of a building-mounted or ground-mounted solar energy system, as defined herein, may be considered a permitted use pursuant to this article (and Article IXF of Chapter 215, Zoning, where applicable) and subject to site plan review by the Planning Board and requiring issuance of a building permit within the P-S Performance Standards Use District, G-I General Industrial District, W-MU Waterfront Mixed Use District, WB Waterfront Business District, RHC Retail-Highway Commercial Use District, and WID Waterfront Industrial District.
C.
Large-scale solar energy systems shall not be permitted as a principal
use on a lot in the M-F Multifamily Dwelling District, C-1 Restricted
Business District, or C General Business District.
D.
Utility-scale solar energy systems meeting the definition of a building-mounted or ground-mounted solar energy system, as defined herein, shall be considered a permitted use requiring the issuance of a special use permit, pursuant to this article and subject to Article XIV of Chapter 215, Zoning, (and Article IXF of Chapter 215, Zoning, where applicable) and subject to site plan review by the Planning Board and requiring issuance of a building permit within the P-S Performance Standards Use District, G-I General Industrial District, WB Waterfront Business District, RHC Retail-Highway Commercial Use District, and WID Waterfront Industrial District.
A.
All applications for large-scale building-mounted and/or ground-mounted solar energy systems shall be accompanied by an application for site plan review, pursuant to Article XXIII of Chapter 215, Zoning, (and Article IXF of Chapter 215, Zoning, where applicable), an application for a performance standards use permit, if applicable, pursuant to Article VIII of Chapter 215, Zoning, and all applicable fees.
B.
All applications for utility-scale building-mounted and/or ground-mounted solar energy systems shall be accompanied by an application for special use permit, pursuant to Article XIV of Chapter 215, Zoning, (and Article IXF of Chapter 215, Zoning, where applicable), an application for site plan review, pursuant to Article XXIII of Chapter 215, Zoning, an application for a performance standards use permit, if applicable, pursuant to Article VIII of Chapter 215, Zoning, and all applicable fees.
C.
All applications for large-scale or utility-scale solar energy systems
shall include the following:
[Amended 6-17-2013 by L.L. No. 1-2013]
(1)
Plans and drawings of the solar energy system installation signed
by a professional engineer registered in New York State showing the
proposed layout of the entire solar energy system along with a description
of all components, whether on site or off site, existing vegetation
and proposed clearing and grading of all sites involved. Clearing
and/or grading activities are subject to review and approval by the
Planning Board and shall not commence until the issuance of site plan
approval.
(2)
Certification from a professional engineer or architect registered
in New York State indicating that the building or structure to which
the solar energy system is to be affixed is capable of handling the
loading requirements of the solar energy system and various components.
(3)
One- or three-line electrical diagram detailing the solar energy
system installation, associated components, and electrical interconnection
methods, with all disconnects and over-current devices.
(4)
Documentation of access to the project site(s), including location
of all access roads, gates, parking areas, etc.
(5)
Plan for clearing and/or grading of the site. If necessary,
a plan for stormwater management and erosion control of the site.
(6)
Documentation of utility notification, including an electric
service order number.
(7)
Decommissioning plan and description of financial surety that satisfies § 215-182 for utility-scale only.
(8)
Sunchart. Where an applicant for a solar energy system requests that the setback for solar collectors from the south property line be less than that identified in § 215-181A(5), the Planning Board may require that the applicant submit a sunchart for the proposed site indicating the sun angle for the southern boundary of the site for a minimum four-hour continuous period during the time of the highest sun angle on December 21, along with the potential for existing buildings, structures, and/or vegetation on the site or on adjacent sites to obstruct the solar skyspace of the proposed solar energy system. The sunchart shall also indicate the potential for obstructions to the solar skyspace of the proposed solar energy system under a scenario where an adjacent site is developed according to Chapter 215, Zoning, with a building/structure built to maximum bulk and height at the minimum setback. Where no standards for height and/or setback are established, this scenario shall assume a minimum fifty-foot building height developed with a maximum setback of five feet from the property line. The sunchart shall be kept on file at the Town Building Department and determine the minimum setback required for any solar collectors from the south property line as well as the solar skyspace that should be considered when development of neighboring properties occurs. This article in no way places responsibility on the Town for ensuring or enforcing solar skyspace easements, nor places responsibility for guaranteeing the solar skyspace of a solar energy system in the event setbacks are waived at the applicant's request.
(9)
A property owner who has installed or intends to install a solar
energy system may choose to negotiate with other property owners in
the vicinity for any necessary solar skyspace easements. The issuance
of a special use permit does not constitute solar skyspace rights,
and the Town shall not be responsible for ensuring impermissible obstruction
to the solar skyspace as a result of uses or development performed
in accordance with the Town Code. In the event that solar easements
are negotiated by an applicant or property owner, a copy or documentation
of any solar skyspace easements shall be provided, properly recorded
as such, negotiated with neighboring property owners that shall, at
a minimum, include:
(a)
The restrictions placed upon buildings, structures, vegetation,
and other objects or uses that would potentially obstruct the solar
skyspace of the solar energy system.
(b)
A description of the dimensions of the easement expressed in
measurable terms, such as the maximum height of buildings and structures,
vertical or horizontal angles measured in degrees, or the hours of
the day on specified dates during which direct sunlight to a specified
surface of a solar collector may not be obstructed, or a combination
of these descriptions.
(c)
The amount, if any, of permissible obstruction of the solar
skyspace through the easement, expressed in measurable terms, such
as a specific percentage of the solar skyspace that may be obstructed
or hours during the day.
(d)
Provisions for trimming vegetation that would impermissibly
obstruct solar skyspace, including any compensation for trimming expenses.
(e)
Provisions for compensation of the owner/operator benefiting
from the easement in the event of impermissible obstruction of the
solar skyspace that would be in violation of the easement.
(f)
The terms or conditions, if any, under which the easement may
be revised or terminated.
(10)
Where the owner of the property is different than the site host
of a solar energy system, the owner of the property shall provide
an affidavit or evidence of agreement between the property owner and
the solar energy system's owner/operator verifying that the system
owner/operator has the permission of the property owner to install
and operate the solar energy system.
D.
All fees shall be approved by the Town Board by resolution. Nothing
in this article shall be read as limiting the ability of the Town
to enter into host community agreements with any applicant to compensate
the Town for expenses or impacts on the community. The Town shall
require any applicant to enter into an escrow agreement to pay the
engineering and legal costs of any application review, including the
review required under SEQRA if an EIS is required.
A.
All applications for large-scale or utility-scale solar energy systems
shall be in accordance with the following:
(1)
All solar energy systems shall adhere to all applicable Town
of Tonawanda building, plumbing, electrical, and fire codes.
(2)
Development and operation of a solar energy system shall not
have a significant adverse impact on fish, wildlife, or plant species
or their critical habitats, or other significant habitats identified
by the Town of Tonawanda or other federal or state regulatory agencies.
(3)
The design, construction, operation, and maintenance of any
solar energy system shall prevent the misdirection and/or reflection
of solar rays onto neighboring properties, public roads, and public
parks in excess of that which already exists.
(4)
All structures and devices used to support solar collectors
shall be nonreflective and/or painted a subtle or earth-tone color.
(5)
All transmission lines and wiring associated with a solar energy
system shall be buried and include necessary encasements in accordance
with the National Electric Code and Town requirements. The Planning
Board may recommend waiving this requirement if sufficient engineering
data is submitted by the applicant to demonstrate that underground
transmission lines are not feasible or practical. The applicant is
required to show the locations of all proposed overhead and underground
electric utility lines, including substations and junction boxes and
other electrical components for the project on the site plan.
(6)
All transmission lines and electrical wiring shall be in compliance
with the utility company's requirements for interconnection.
(7)
Artificial lighting of solar energy systems shall be limited
to lighting required for safety and operational purposes and shall
be shielded from all neighboring properties and public roads.
(8)
Any signage used to advertise the solar energy facility shall
be in accordance with the Town's signage regulations.
(9)
Lot requirements. The overall footprint for any large-scale
or utility-scale ground-mounted solar energy system shall be permitted
to occupy up to 100% of the overall buildable area of the site, and
shall not be counted towards the site's maximum lot coverage. Overall
footprint shall be determined by the outline created on the ground
by wholly enclosing all components/structures of a solar energy system
on a lot.
(10)
Bulk and siting requirements.
(a)
Large-scale or utility-scale solar energy systems located in
the G-I General Industrial District or WID Waterfront Industrial District.
[1]
Rooftop-mounted solar energy systems.
[a]
The maximum height of any rooftop-mounted solar
energy system shall be 15 feet, as measured from the finished surface
of the roof to which the system is affixed.
[b]
Where rooftop-mounted solar energy systems are
affixed to a pitched or peaked roof, the solar energy system should
generally follow the slope of the roof.
[c]
A rooftop-mounted solar energy system shall not
extend horizontally beyond the plane of the roof surface.
[2]
Building-mounted solar energy systems.
[a]
The maximum height of a building-mounted solar
energy system shall be 15 feet as measured from the lowest point where
the system is affixed to the vertical side of a building.
[b]
A building-mounted solar energy system shall not
extend horizontally more than eight feet from the vertical surface
of a building.
[c]
Building-mounted solar energy systems should be
integrated into the design of the building and shall not obstruct
any window, door, or other architectural feature of the building.
[3]
Ground-mounted solar energy systems. The maximum
height of a ground-mounted solar energy system shall be 30 feet as
measured from the finished grade.
(b)
Large-scale or utility-scale solar energy systems located in
the M-F Multifamily Dwelling District, C-1 Restricted Business District,
C General Business District, P-S Performance Standards Use District,
W-MU Waterfront Mixed Use District, WB Waterfront Business District,
and RHC Retail-Highway Commercial Use District:
[1]
Rooftop-mounted solar energy systems.
[a]
The maximum height of any rooftop-mounted solar
energy system shall be eight feet, as measured from the finished surface
of the roof to which the system is affixed.
[b]
Where rooftop-mounted solar energy systems are
affixed to a pitched or peaked roof, the solar energy system should
generally follow the slope of the roof.
[c]
A rooftop-mounted solar energy system shall not
extend horizontally beyond the plane of the roof surface.
[d]
Where practical and when obstruction of solar skyspace
can be avoided, a rooftop-mounted solar energy system shall be screened
from view from the public right-of-way by use of a building parapet
or other measure.
[2]
Building-mounted solar energy systems.
[a]
The maximum height of a building-mounted solar
energy system shall be 15 feet as measured from the lowest point where
the system is affixed to the vertical side of a building.
[b]
A building-mounted solar energy system shall not
extend horizontally more than eight feet from the vertical surface
of a building.
[c]
Building-mounted solar energy systems should be
integrated into the design of the building and shall not obstruct
any window, door, or other architectural feature of the building.
[d]
Building-mounted solar energy systems shall not
be located on the side of a building that faces a public right-of-way.
(11)
Setbacks.
(a)
Large-scale or utility-scale ground-mounted solar energy systems.
[1]
Where an applicant fails to provide proof that
a solar skyspace easement has been negotiated with adjacent property
owners, or fails to provide the Town with a sunchart or other written
evidence justifying a reduced setback, the default setback from the
south property line for all solar collectors constructed as part of
a large-scale or utility-scale ground-mounted solar energy system
shall be 135 feet.
[2]
In no case shall the setback from the south property
line be less than that determined by the setback for accessory structures
identified for the zoning district in which the system is located.
(b)
Utility-scale ground-mounted solar energy systems.
[1]
All solar energy equipment and components/structures
developed as part of a utility-scale ground-mounted solar energy system
shall be set back from any property zoned A, B, M-F, C-1, C, or W-MU
District, a public road, or any public park a minimum of 50 feet.
[2]
All other setbacks for all solar energy equipment
and components/structures developed as part of a utility-scale ground-mounted
solar energy system, whether developed as a principal use or accessory
use, shall be as determined by the setback for principal structures
identified for the zoning district in which the system is located.
(c)
All other setbacks for all solar energy system equipment and
components/structures developed as part of a large-scale or utility-scale
rooftop-mounted, building-mounted and/or ground-mounted solar energy
system not identified above shall be as determined by the setback
for accessory structures identified for the zoning district in which
the system is located.
(12)
Due to the need to keep the solar skyspace for solar energy systems free from obstructions, the Planning Board may recommend modifying the landscaping requirements within Chapter 215, Zoning, for any site proposed to contain solar collectors and shall ensure that any landscaping proposed is low-growth vegetation that will not obstruct the solar skyspace at mature height.
(13)
Following construction of a large-scale or utility-scale ground-mounted
solar energy system, all disturbed areas where soil has been exposed
shall be reseeded with grass and/or planted with low-level vegetation
capable of preventing soil erosion and airborne dust.
B.
Applications for utility-scale solar energy systems shall meet the
following additional criteria:
(1)
Photo simulations shall be included showing the proposed solar
energy system in relation to the building/site along with elevation
views and dimensions, and manufacturer's specs and photos of the proposed
solar energy system, solar collectors, and all other components.
(2)
Any site containing a utility-scale solar energy system shall
contain fencing or other enclosure acceptable to the Town enclosing
all solar energy system components that present safety hazards.
(3)
A berm, landscape screen, or other opaque enclosure, or any
combination thereof acceptable to the Town capable of screening the
site, shall be provided along any property line that abuts an existing
residence or any property zoned A, B, M-F, C-1, C, or W-MU District.
(4)
After completion of a utility-scale solar energy system, the
applicant shall provide a post-construction certification from a professional
engineer registered in New York State that the project complies with
applicable codes and industry practices and has been constructed and
is operating according to the design plans.
A.
Unsafe, inoperable, and/or abandoned solar energy systems and solar
energy systems for which a special use permit has expired shall be
removed by the owner. A solar energy system shall be deemed abandoned
when it fails to produce energy for at least one year. All safety
hazards created by the installation and operation of the solar energy
system shall be eliminated and the site restored to its preexisting
condition within six months of the removal of the solar energy system.
B.
For all utility-scale solar energy systems, the applicant shall submit
a decommissioning plan for review and approval as part of the special
use permit application. The decommissioning plan shall identify the
anticipated life of the project, method and process for removing all
components of the solar energy system and returning the site to its
preexisting condition, and estimated decommissioning costs, including
any salvage value.
C.
The applicant for a utility-scale solar energy system where the system
is the principal use on a lot shall, as a condition of the special
use permit and upon each renewal, provide and maintain a form of financial
surety. Such financial surety shall be provided either through a security
deposit, escrow account, bond, or in a manner otherwise acceptable
to the Town. The amount shall be based upon the estimated decommissioning
costs and shall not exceed $50,000 per application. It is intended
to cover, in whole or in part, the cost of decommissioning in the
event the Town must remove any utility-scale solar energy systems
and associated structures/components, as well as restore the site
subsequent to such removal in accordance with the approved decommissioning
plan. Upon successful completion of all decommissioning activities,
any remaining portion of the posted financial surety shall be returned
to the applicant. Such financial surety shall not be required for
municipally or state-operated solar energy systems or for utility-scale
solar energy systems that meet all of the following criteria:
(1)
The solar energy system is constructed as part of an approved
industrial or business park; and
(2)
The approved industrial or business park consists of a solar
energy system or systems located on land that is leased with ownership
retained by the owner of the industrial or business park; and
(3)
The solar energy system supplies energy to tenants of the industrial
or business park and not solely into the grid.
A.
Special use permits granted for utility-scale solar energy systems
and performance standards use permits issued for large-scale or utility-scale
solar energy systems shall be assignable or transferable so long as
they are in full compliance with this article and all conditions,
and the Building Department is notified of the transfer at least 15
days prior thereto.
B.
Any post-construction changes or alterations to the solar energy
system shall be done by amendment to the special use permit only and
subject to the requirements of this article.
