Any development within the one-hundred-year
floodplain, as defined by the National Flood Insurance Rate Maps,
which are on file in the office of the Village Engineer, shall comply
with the following:
A. Residential development New construction or any repair,
reconstruction or improvement of a structure, of which the cost of
such repair, reconstruction or improvement exceeds 50% of the market
value of the structure, shall have the lowest floor, including the
basement, elevated to or above the base flood elevation at that point,
as defined on the Flood Insurance Rate Map.
B. Nonresidential development. New construction or any
repair, reconstruction or improvement as above defined shall either
have the lowest floor, including the basement, elevated to or above
the base flood elevation at that point, as defined on the Flood Insurance
Rate Map, or the building and all attendant utilities shall be floodproofed
to the satisfaction of the Village Engineer.
[Added 4-21-2003 by L.L. No. 2-2003]
In addition to all other requirements of the
Zoning Code, all development in the Village shall comply with the
following natural resources protection regulations:
A. Steep slopes.
(1)
Development limitations. To protect environmentally sensitive lands, preserve the Village's natural resources, and promote the orderly development of land, development on parcels that contain excessively steep slope areas, which parcel on the effective date of this chapter is in excess of 40,000 square feet and is in single, undivided ownership, shall be limited by deducting the following from the gross lot area of such parcels to determine the net lot area [in conjunction with §
110-33.1B(1) herein]:
(a)
Fifty percent of the area of steep slopes greater
than 25%.
(b)
Twenty-five percent of the area of steep slopes
greater than 20% but not greater than 25%.
(2)
Steep slopes protection regulations.
(a)
Purpose. For the purpose of preventing erosion,
preventing stormwater runoff and flooding, providing safe building
sites, preventing landslides and soil instability, protecting the
quantity and quality of the Village's surface and groundwater resources,
protecting important scenic views and vistas, preserving areas of
wildlife habitat, minimizing the area of land disturbance related
to site development and protecting the Village's character and property
values, it is the intent of these steep slope regulations to minimize
disturbance on steep slopes and to avoid disturbance and construction
activities on very steep slopes. Further, it is the intent of these
steep slope regulations to minimize the development of hilltops and
ridgelines. The Village Board, the Planning Board, the Zoning Board
of Appeals, the Building Inspector and the Village Engineer shall
take these objectives into consideration in reviewing and acting on
any plans submitted pursuant to the provisions of this chapter.
(b)
Exempt and regulated activities.
[1] Regulated activities.
[a] It shall be unlawful to create
any disturbance greater than 100 square feet in aggregate, or to cut
any tree with a diameter greater than four inches when measured from
1 1/2 feet from ground level, on any steep slope, hilltop, or
ridgeline, other than an exempt activity as defined herein, without
a Steep Slopes Permit issued in conformance with these regulations.
[b] In order to protect the stability
of slopes and to ensure the safety of residents, construction activities
on steep slopes shall be minimized and shall follow the standards
for grading set forth herein.
[c] Construction activities shall not
be permitted on very steep slopes unless there is no viable alternative.
[2] Exempt activities. The following
activities shall be exempt from provisions of this chapter:
[a] Any customary landscaping, provided
that any such activity conforms to all other applicable laws of the
Village of Mt. Kisco.
[b] Repair of existing structures with
no increase in any physical dimension.
(c)
Standards for development approval. In denying,
granting, or granting with modifications any application for a steep
slopes permit, the Planning Board shall consider the consistency of
the proposed activity with the following standards:
[1] Disturbance and construction activities
on very steep slopes shall not be permitted unless there is no viable
alternative.
[2] Disturbance of areas with steep
slopes shall be in conformance with the following provisions:
[a] The planning, design and development
of buildings shall provide the maximum in structural safety and slope
stability while adapting the affected site to, and taking advantage
of, the best use of the natural terrain and aesthetic character.
[b] The terracing of building sites
shall be kept to an absolute minimum. The construction of retaining
walls greater than six feet in height or 60 feet in length shall not
be permitted unless there is no viable alternative.
[c] Roads and driveways shall follow
the natural topography to the greatest extent possible in order to
minimize the potential for erosion and shall be consistent with other
applicable regulations of the Village of Mt. Kisco and current engineering
practices.
[d] Replanting shall consist of vegetation
intended to further slope stabilization with a preference for indigenous
woody and herbaceous vegetation.
[e] When development activities are
proposed to occur on hilltops or ridgelines, the plans submitted for
review shall demonstrate that the impacts on the functions, aesthetics
and essential characteristics of such areas are effectively minimized
and mitigated. The natural elevations and vegetative cover of ridgelines
shall be disturbed only if the crest of a ridge and the tree line
at the crest of the ridge remains uninterrupted and shall not be permitted
unless there is no viable alternative. This may be accomplished either
by positioning buildings and areas of disturbance below a ridgeline
or hilltop or by positioning buildings and areas of disturbance at
a ridgeline or hilltop so that the elevation of the roof line of the
building is no greater than the elevation of the natural tree line.
However, under no circumstances shall more than 50 feet along a ridgeline,
to a width of 50 feet generally centered on a ridgeline, be disturbed.
[f] Any regrading shall blend in with
the natural contours and undulations of the land.
[g] Cuts and fills shall be rounded
off to eliminate sharp angles at the top, bottom, and sides of regraded
slopes.
[h] The angle of cut and fill slopes
shall not exceed a slope of one vertical to two horizontal except
where retaining walls, structural stabilization, or other methods
acceptable to the Village Engineer are used, in which case the angle
shall not exceed a slope of one vertical to three horizontal.
[i] Tops and bottoms of cut and fill
slopes shall be set back from structures a distance that will ensure
the safety of the structures in the event of the collapse of the cut
or fill slopes. Generally, such distance shall be considered to be
six feet plus 1/2 the height of the cut or fill.
[j] Disturbance of rock outcrops shall
be by means of explosives only if labor and machines are not effective
and only if rock blasting is conducted in accordance with all applicable
regulations of the Village of Mt. Kisco and the State of New York.
[k] Disturbance of steep slopes shall
be undertaken in workable units in which the disturbance can be completed
and stabilized in one construction season so that areas are not left
bare and exposed during the winter and spring thaw periods (December
15 to April 15).
[l] Disturbance of existing vegetative
ground cover shall not take place more than 15 days prior to grading
and construction.
[m] Temporary soil stabilization, including,
if appropriate, temporary stabilization measures such as netting or
mulching to secure soil during the grow-in period, must be applied
to an area of disturbance within two days of establishing the final
grade, and permanent stabilization must be applied within 15 days
of establishing the final grade.
[n] Soil stabilization must be applied
within two days of disturbance if the final grade is not expected
to be established within 21 days. In locations where construction
activities have temporarily ceased, temporary soil stabilization measures
must be applied within one week.
[o] Topsoil shall be stripped from
all areas of disturbance, stockpiled and stabilized in a manner to
minimize erosion and sedimentation, and replaced elsewhere on the
site at the time of final grading. Stockpiling shall not be permitted
on slopes of greater than 10%.
[p] No organic material or rock with
a size that will not allow appropriate compaction or cover by topsoil
shall be used as fill material. Fill material shall be no less granular
than the soil upon which it is placed, and shall drain readily.
[q] Compaction of fill materials in
fill areas shall be such to ensure support of proposed structures
and stabilization for intended uses.
[r] Structures shall be designed to
fit into the hillside rather than altering the hillside to fit the
structure. (Among the methods that may be employed to achieve this
goal are reduced footprint design, "step-down" structures, stilt houses,
minimization of grading outside the building footprint, placement
of structures at minimum street setback requirements to preserve natural
terrain, etc.).
[s] Development shall be sited on the
least sensitive portions of the site to preserve the natural landforms,
geological features, and vegetation.
[t] The stability of slopes and the
erodibility of soils on slopes is a function of various physical soil
properties and underlying bedrock conditions. Where site surveys indicate
the presence of soils or underlying bedrock conditions the physical
properties of which might present limitations on construction practices
or high erodibility that may result in unstable slopes, the Planning
Board may limit the type and extent of construction activities or
disturbance to these areas as necessary to ensure public health, safety,
and welfare.
[u] Impacts from construction activities
or other disturbance on bedrock outcrops and glacial erratics shall
be minimized.
[v] All measures for the control of
erosion and sedimentation shall be undertaken consistent with this
chapter and with the Westchester County Soil and Water Conservation
District's "Best Management Practices Manual for Erosion and Sediment
Control," and New York State Department of Environmental Conservation
"Guidelines for Urban Erosion and Sediment Control", as amended, or
its equivalent satisfactory to the Planning Board, whichever requires
the higher standards.
[w] All proposed disturbance of steep
slopes shall be undertaken with consideration of the soils limitations
characteristics contained in the Identification Legend, Westchester
County Soils Survey, 1989, as prepared by the Westchester County Soil
and Water Conservation District, in terms of recognition of limitation
of soils on steep slopes for development and application of all mitigating
measures, and as deemed necessary by the Planning Board.
(d)
Permit procedures.
[1] Application for permit. An application
for a steep slopes permit shall be filed with the Planning Board,
and shall contain the following information and such other information
as required by it, except when waived by the Planning Board as not
pertinent or necessary for the proposed disturbance:
[a] Name, post office address and telephone
number of the owner and applicant.
[b] Street address and Tax Map designation
of property covered by the application.
[c] Statement of authority from owner
for any agent making application.
[d] Listing of property owners adjacent
to, across streets from, and downslope within 500 feet of the property,
and any additional property owners deemed appropriate by the Planning
Board.
[e] Statement of proposed work and
purpose thereof.
[f] A statement prepared by a licensed
architect, registered landscape architect, or engineer, that describes:
[i] The methods to be used in overcoming
foundation and other structural problems created by slope conditions,
in preserving the natural watershed and in preventing soil erosion;
and
[ii] The methods to be used to eliminate
or mitigate water runoff on all adjacent properties and any other
property that will be naturally affected by increased water runoff.
[g] A statement made under the seal
of a licensed professional engineer certifying that:
[i] The proposed activity will disturb
the steep slope area to the minimum extent practicable; and
[ii] The proposed mitigation measures
will prevent, to the maximum extent practicable, the adverse effect
of any disturbance of the steep slope area on the environment and
any neighboring properties.
[h] Eleven copies of plans for the
proposed regulated activities drawn to a scale of not less than one
inch equals 50 feet (unless otherwise specified by the Planning Board).
Such plans shall be sealed and show the following:
[i] Location of proposed construction
or disturbance and its relationship to property lines, easements,
buildings, roads, walls, sewage disposal systems, wells, and wetlands
within 100 feet of the proposed construction or disturbance, unless
a greater distance is deemed appropriate by the Planning Board.
[ii] Estimated material quantities
of excavation/fill.
[iii] Location and size of areas of
soils by soils types in the area of proposed disturbance and to a
distance of 100 feet surrounding the area of disturbance.
[iv] Existing and proposed contours
(NGVD, National Geodetic Vertical Datum) at two-foot intervals in
the area of proposed disturbance and to a distance of 100 feet beyond.
[v] Slope categories for the entire
project site itself showing at minimum the steep slope and very steep
slope categories. Slope is to be determined from on-site topographic
surveys prepared with a two-foot contour interval. The vertical rise
is to be measured, on the basis of two-foot contours, in a ten-foot
horizontal length.
[vi] Cross sections of steep slope
areas proposed to be disturbed.
[vii] Retaining walls or like constructions,
with details of construction.
[viii] Erosion and sedimentation control
plan prepared in accordance with the requirements listed above in
Subsection A(2)(c)[2][k] through [o]. These plans must be submitted
under the seal of a licensed professional engineer and must show and
certify the following:
[A] All existing and proposed natural
and artificial drainage courses and other features for the control
of drainage, erosion and water.
[B] The calculated volume of water
runoff from the slope(s) and from the lot in question, as unimproved.
[C] The calculated volume of water
runoff from the slope(s) and from the lot in question, as improved.
[D] The existence, location and capacity
of all natural and artificial drainage courses and facilities within
500 feet of the lot, which are or will be used to carry or contain
water runoff to and from the slopes(s) and the lot.
[i] If required by the Planning Board,
a detailed monitoring program, including but not necessarily limited
to written status reports at specified intervals documenting activities
undertaken pursuant to a permit.
[j] A list of all applicable county,
state or federal permits that are required for such work or improvements.
[k] An application fee in the amount
set forth in a fee schedule established by the Village Board.
[l] Other details, including specific
reports by qualified professionals on soils, geology and hydrology,
and borings and/or test pits, as may be determined to be necessary
by the Planning Board.
[2] Application review. The Planning Board may hire professionals to review a steep slopes permit application at the sole expense of the applicant, as part of its powers also enumerated in §
110-45C(8) of this chapter.
[3] Notice and public hearing. The
Planning Board shall not decide on any application for a steep slopes
permit without first holding a public hearing, notice of which hearing,
including the substance of the application, shall be given by publication
in the official newspaper of the Village at least 15 days before the
date of such hearing. In addition to such published notice, the applicant
shall cause such notice to be mailed at least 10 days before the hearing
to all owners of property which lies within 300 feet of the property
for which approval is sought and to such other owners and by such
other means of notification as the Planning Board may deem advisable.
[Amended 12-28-2009 by L.L. No. 7-2009]
[4] Action by the Planning Board. A
determination shall be made to approve, approve with modifications
and conditions, or disapprove the application within 60 days of closure
of the public hearing. In approving any application the Planning Board
may impose such conditions or limitations as it determines necessary
to ensure compliance with the intent, purposes and standards of this
chapter.
(e)
Duration of permit.
[1] Activities specified by the steep
slopes permit shall be undertaken pursuant to the provisions of this
chapter and any conditions of the permit and shall be completed according
to any schedule set forth in the permit.
[2] A steep slopes permit shall expire
on the completion of the activities specified and shall be valid for
a period of one year from the date of approval, or for the period
of any other permit or approval issued by the Planning Board.
[3] A permit may be renewed by the
Planning Board for a period of up to one year.
(f)
Security. In granting a permit, the Planning
Board shall require a security in an amount and with surety and conditions
sufficient to insure its compliance with the conditions and limitations
set forth in the permit.
(g)
Inspection and monitoring.
[1] The Planning Board may inspect,
or cause to be inspected by its representative, activities pursuant
to a permit so as to ensure satisfactory completion at the sole expense
of the applicant.
[2] The Planning Board may require
that the applicant submit for approval a detailed monitoring program,
including but not necessarily limited to written status reports at
specified intervals documenting activities undertaken pursuant to
a permit.
[3] The Planning Board may require
that the activities undertaken pursuant to a permit be supervised
by an appropriate licensed professional at the sole expense of the
applicant.
(h)
Violations; penalties.
[1] Notice of violation. Any person
found violating any provision of this chapter or the terms and conditions
of any permit granted hereunder shall be served with a written notice
stating the nature of the violation and providing a specific time
for the satisfactory correction thereof, which time shall not be less
than five days.
[2] Stop order. The foregoing notwithstanding,
if, in the judgment of either the Village Engineer or the Building
Inspector, there is a violation of this chapter or any permit issued
hereunder, then the Village Engineer or the Building Inspector may
issue a written order to cease all work creating or causing said violation
and directing the applicant to appear before the Planning Board at
its next meeting. Upon the issuance of such an order and its delivery
to the permit holder or his agent or contractor, the permit shall
be deemed to have been suspended, and it shall be unlawful and a violation
of this chapter to continue the permitted activity. The official issuing
such an order shall rescind the order upon compliance with the permit
and the taking of such corrective action as shall be determined by
the permitting authority.
[3] Administrative sanctions.
[a] In addition to any penalties imposed under Chapter
1 of this Code, upon finding that an applicant or any person acting as an agent or contractor for the applicant has violated the terms of this chapter or any permit issued hereunder, the Planning Board may impose any one or more of the following sanctions for each and every such violation:
[i] Revocation of the permit.
[ii] Direction to restore the affected
area within a reasonable time to its condition prior to the violation,
insofar as that is possible.
[iii] Imposition of any additional
conditions on the permit as may be reasonably necessary to effectuate
the restoration of the affected area and/or prevent the recurrence
of the violation.
[b] Any restoration directed by the Planning Board that is not completed as required may be completed by the Village at the sole cost and expense of the applicant, pursuant to Chapter
92 of this Code.
B. Wetlands.
(1)
Development limitations. To protect environmentally sensitive lands, preserve the Village's natural resources, and promote the orderly development of land, development on parcels that contain wetlands and waterways, which parcel on the effective date of this chapter is in excess of 40,000 square feet and is in single, undivided ownership, shall be limited by deducting the following from the gross lot area of such parcels to determine the net lot area (in conjunction with §
110-33.1A(1) herein:
(a)
Fifty percent of the area of all wetlands.
(b)
One hundred percent of the area of all lakes,
ponds, streams and other such bodies of water.
(2)
Development on parcels that contain any wetlands or waterways shall comply with Chapter
107, Wetlands and Drainage Control.
C. Tree preservation. Any application for site plan or subdivision approval shall comply with Chapter
99, Tree Preservation.
[Added 11-19-2018 by L.L.
No. 6-2018]
A. Authority. This solar energy section is adopted pursuant to §§ 7-700
through 7-704 of the Village Law, and § 20 of the Municipal
Home Rule Law of the State of New York, which authorize the Village/Town
of Mount Kisco to adopt zoning provisions that advance and protect
the health, safety and welfare of the community, and, in accordance
with the Village and Town law of New York State, "to make provision
for, so far as conditions may permit, the accommodation of solar energy
systems and equipment and access to sunlight necessary therefor."
B. Statement of purpose. This solar energy section is adopted to advance
and protect the public health, safety, and welfare of the people of
the Village by creating regulations for the installation and use of
solar energy generating systems and equipment, with the following
objectives:
(1)
To take advantage of a safe, abundant, renewable and nonpolluting
energy resource;
(2)
To decrease the cost of electricity to the owners of residential
and commercial properties, including single-family houses;
(3)
To increase employment and business development in the Village,
to the extent reasonably practical, by furthering the installation
of solar energy systems;
(4)
To mitigate the impacts of solar energy systems on environmental
resources such as forests, wildlife and other protected resources;
(5)
To create synergy between solar and the stated goals of the
community pursuant to its Comprehensive Plan, such as the protection
of environmental resources, assuring that community services sufficiently
meet the needs of the Village's current and future population, and
promote a balanced pattern of future land use;
(6)
To invest in a locally generated source of energy and to increase
local economic value, rather than importing nonlocal fossil fuels;
(7)
To align the laws and regulations of the community with several
policies of the State of New York, particularly those that encourage
distributed energy systems;
(8)
To diversify energy resources to decrease dependence on the
grid;
(9)
To make the community more resilient during storm events; and
(10)
To encourage investment in public infrastructure supportive
of solar, such as generation facilities, grid-scale transmission infrastructure,
and energy storage sites.
C. Applicability.
(1)
The requirements of this section shall apply to all solar energy
systems permitted, installed, or modified in the Village of Mount
Kisco after the effective date of this section, excluding general
maintenance and repair.
(2)
Legally authorized solar energy systems constructed or installed
prior to the effective date of this section shall not be required
to meet the requirements of this section.
(3)
Modifications to an existing solar energy system that increase
the solar energy system area by more than 20% of the original area
of the solar energy system (exclusive of moving any fencing) or fail
to comply with zoning shall be subject to this section.
(4)
All solar energy systems shall be designed, erected, and installed
in accordance with all applicable codes, regulations, and industry
standards as referenced in the NYS Uniform Fire Prevention and Building
Code ("Building Code"), the NYS Energy Conservation Code ("Energy
Code"), and the Code of the Village/Town of Mount Kisco ("Village
Code").
D. General requirements.
(1)
A building permit shall be required for installation of all
solar energy systems.
(2)
Issuance of permits and approvals by the Planning Board shall
include review pursuant to the State Environmental Quality Review
Act ECL Article 8 and its implementing regulations at 6 NYCRR Part
617 ("SEQRA").
(3)
Unless specifically superseded herein, all other chapters of
this Code and any other applicable county, state or federal law or
regulation shall apply.
(4)
The Building Inspector or the Planning Board shall have the
discretionary authority to call upon any department, agency or employee
of the Village for such assistance as shall be deemed necessary, including
but not limited to the Fire Department, and emergency service providers,
for reviews and recommendations.
E. Permitting requirements for Tier 1 solar energy systems.
All Tier 1 solar energy systems shall be permitted in all zoning
districts and shall be exempt from site plan review under the local
zoning code or other land use regulation, subject to the following
conditions for each type of solar energy system:
(1)
Roof-mounted solar energy systems.
(a)
Roof-mounted solar energy systems on buildings shall incorporate
the following design requirements:
[1] Solar panels on pitched roofs shall be mounted
with a maximum distance of eight inches between the roof surface the
highest edge of the system.
[2] Solar panels on pitched roofs shall be installed
parallel to the roof surface on which they are mounted or attached.
[3] Solar panels on pitched roofs shall not extend
higher than the highest point of the roof surface on which they are
mounted or attached.
[4] Solar panels on flat roofs shall not extend above
the top of the surrounding parapet, or more than 24 inches above the
flat surface of the roof, whichever is higher.
(b)
Glare: All solar panels shall have anti-reflective coating(s).
(c)
Height: All roof-mounted solar energy systems shall comply with
the height limitations in the underlying zoning district. If the installation
is proposed to an existing building whose height already meets or
exceeds the maximum building height, the system may be installed above
the existing maximum roof height but not to exceed 24 inches above
the existing maximum height.
(2)
Building-integrated solar energy systems shall be shown on the
plans submitted for the building permit application for the building
containing the system.
(3)
Tier one solar energy systems may also be installed on the roof
of an accessory structure provided that collectively such panels shall
not exceed 750 square feet and shall comply with zoning requirements
for accessory structures.
F. Permitting requirements for Tier 2 solar energy systems. (Reserved)
G. Permitting requirements for Tier 3 solar energy systems. All Tier
3 solar energy systems are permitted through the issuance of a special
use permit and site plan approval within the Conservation Development
District (CD), Preservation District (PD), Limited Commercial District
(CL), General Commercial District (GC), General Retail District (GR),
Hospital District (H), Light Manufacturing District (ML), Low-Intensity
Office District (OD), General Office District (OG), Central Business
District - 1 (CB-1), Central Business District - 2 (CB-2), Recreation
District (R), Research and Development District (RD), and Service
Commercial District (SC) zoning districts. All such Tier 3 solar energy
systems shall be subject to the underlying zoning restrictions in
the district in which they are proposed as set forth within this chapter.
(1)
Applications for the installation of Tier 3 solar energy system
shall be subject to all rules, referrals, procedures and requirements
applicable to special permit and site plan applications.
(2)
Underground requirements. All on-site utility lines shall be
placed underground to the extent feasible and as permitted by the
serving utility, with the exception of the main service connection
at the utility company right-of-way and any new interconnection equipment.
(3)
Vehicular paths. Vehicular paths within the site shall be designed
to minimize the extent of impervious materials and soil compaction.
(4)
Signage.
(a)
No signage or graphic content shall be displayed on the solar
energy systems except the manufacturer's name, equipment specification
information, safety information, and twenty-four-hour emergency contact
information. Said information shall be depicted on the smallest sign
feasible and in no case shall the sign be of an area greater than
six square feet.
(b)
As required by National Electric Code (NEC), disconnect and
other emergency shutoff information shall be clearly displayed on
a light reflective surface. A clearly visible warning sign concerning
voltage shall be placed at the base of all pad-mounted transformers
and substations.
(5)
Glare. All solar panels shall have anti-reflective coating(s).
(6)
Lighting. Lighting of the solar energy systems shall be limited
to that minimally required for safety and operational purposes and
shall be reasonably shielded and downcast from abutting properties.
(7)
Tree-cutting. Removal of existing trees larger than eight inches in diameter should be minimized to the extent practicable and a mitigation/replanting plan shall be required on and/or off site pursuant to Chapter
99. Mitigation shall be determined based upon the area of disturbance as determined by the Planning Board. In determining any replanting or replacement, the Planning Board may require a pollinator-friendly habitat as an additional means of mitigation.
(8)
Decommissioning.
(a)
Solar energy systems that have been abandoned and/or not producing
electricity for a period of one year shall be removed at the owner's
and/or operator's expense.
(b)
A decommissioning plan (see Appendix 1) signed by the owner and/or operator of the solar energy
system shall be submitted by the applicant, addressing the following:
[1] The cost of removing the solar energy system.
[2] The time required to decommission and remove the
solar energy system and any ancillary structures.
[3] The time required to repair any damage caused to
the property by the installation and removal of the solar energy system.
[4] A tree restoration plan, restoring the decommissioned
area to a condition similar to the condition that existed prior to
the installation, recognizing that mature plantings cannot be easily
relocated, the Planning Board may exercise discretion in determining
the number, caliper, type and location of plantings in reviewing any
such plan, but all plantings shall be native noninvasive species.
(c)
Security/lien. In the event of default upon performance of such
decommissioning, after proper notice, the Village shall be entitled
to arrange for removal or decommissioning and the cost of same shall
constitute a lien on the owner's real property.
(9)
Site plan application. For any solar energy system requiring a special use permit, site plan approval shall be required. Any site plan application shall, in addition to the material required by §
110-45, include the following information:
(a)
Property lines and physical improvements and features, including
driveways, roads, topography, and trees as taken from an updated survey
for the project site.
(b)
Proposed changes to the landscape of the site, grading, vegetation
clearing and planting, exterior lighting, and screening vegetation
or structures.
(c)
A one- or three-line electrical diagram detailing the solar
energy system layout, solar collector installation, associated components,
and electrical interconnection methods, with all National Electrical
Code-compliant disconnects and over-current devices.
(d)
A preliminary equipment specification sheet that documents all
proposed solar panels, significant components, mounting systems, and
inverters that are to be installed. A final equipment specification
sheet shall be submitted prior to the issuance of building permit.
(e)
Name, address, and contact information of proposed or potential
system installer and the owner and/or operator of the solar energy
system. Such information of the final system installer shall be submitted
prior to the issuance of building permit.
(f)
Name, address, phone number, and signature of the project applicant,
as well as all the property owners, demonstrating their consent to
the application and the use of the property for the solar energy system.
(g)
Property operation and maintenance plan. Such plan shall describe
continuing photovoltaic maintenance and property upkeep, such as mowing
and trimming.
(h)
Erosion and sediment control and stormwater management plans
prepared to New York State Department of Environmental Conservation
standards, if applicable, and to such standards as may be established
by the Planning Board.
(i)
Any additional information required by the Planning Board based
upon the on-site conditions.
(10)
Special use permit standards.
(a)
Lot size. The property on which the Tier 3 solar energy system
is placed shall meet the lot size requirements of the underlying zoning
district.
(b)
Setbacks. The Tier 3 solar energy systems shall comply with
the following setback requirements:
[1] In all nonresidential districts, each Tier 3 solar
energy system shall, at a minimum, a) satisfy the setbacks requirements
of the underlying zoning district for principal structures, and b)
shall not be set back less than the maximum height of the system;
[2] In all residential districts, each Tier 3 solar
energy system shall, at a minimum, a) satisfy the setback provisions
as expressly provided in said district, and b) shall not be set back
less than the maximum height of the system. Where the Planning Board
determines that, consistent with the stated purpose and intent of
the underlying district, an alternate layout would better protect
and preserve existing topography, wetlands, steep slopes and view
sheds, the Planning Board may increase such setback requirements and
require supplemental methods of screening through earth berms, landscaping
and other such treatments, or such other condition which provides
for a better layout.
(c)
Height. The Tier 3 solar energy system shall not exceed 15 feet in height in residential districts and shall not exceed 20 feet in nonresidential districts, except that the Planning Board, in its discretion, may alter same to accommodate vehicle clearance for carports. For purposes of determining height structures shall be subject to the definition of "structure height" in §
110-59.
(d)
Development coverage.
[1] The following components of a Tier 3 solar energy
system shall be considered included in the calculations for development
coverage requirements:
[a] Foundation systems, typically consisting of driven
piles or monopoles or helical screws with or without small concrete
collars.
[b] All mechanical equipment of the solar energy system,
including any pad-mounted structure for batteries, switchboard, transformers,
or storage cells.
[c] The horizontal surface area of all panels, arrays,
fencing and other components of the Tier 3 solar energy system.
[d] Access roads servicing the solar energy system.
[2] Development coverage of the Tier 3 solar energy
system, as defined above, shall be restricted as follows:
[a] In all nonresidential districts, no lot shall exceed
the maximum lot development coverage requirement of the underlying
zoning district, inclusive of any development coverage derived from
solar energy systems.
[b] In all residential districts, each lot shall comply
with the designated maximum lot development coverage requirement of
the underlying zoning district, and shall not occupy more than 35%
of the net lot area.
(e)
Fencing requirements. All mechanical equipment, including any
structure for storage batteries, shall be enclosed and secured as
required by NEC and the Planning Board, with a self-locking gate to
prevent unauthorized access.
(f)
Screening, visibility, and habitat. Solar energy systems shall
be required to:
[1] Conduct a visual assessment of the visual impacts
of the solar energy system on public roadways and adjacent properties.
At a minimum, a line-of-sight profile analysis shall be provided.
Depending upon the scope and potential significance of the visual
impacts, additional impact analyses, including for example a digital
viewshed report, may be required to be submitted by the applicant.
[2] Submit a screening and landscaping plan to show
adequate measures to screen through landscaping, grading, or other
means so that views of solar panels and solar energy equipment shall
be minimized as reasonably practical from public roadways and adjacent
properties to the extent feasible. The screening and landscaping plan
shall specify the locations, elevations, height, plant species, and/or
materials that will comprise the structures, landscaping, and/or grading
used to screen and/or mitigate any adverse aesthetic effects of the
system, following the applicable rules and standards established by
the Village.
[3] Tier 3 solar energy system owners shall develop,
implement, and maintain native vegetation to the extent practicable
pursuant to a vegetation management plan by providing native perennial
vegetation and a foraging habitat beneficial to game birds, songbirds,
and pollinators consistent with any requirements of the Agriculture
and Markets Law. To the extent practicable, when establishing perennial
vegetation and a beneficial foraging habitat, the owners shall use
native plant species and seed mixes.
(11)
Ownership changes. If the owner or operator of the solar energy
system changes or the owner of the property changes, the special use
permit shall remain in effect, provided that the successor owner or
operator assumes in writing all of the obligations of the special
use permit, site plan approval, and decommissioning plan.
H. Safety.
(1)
Solar energy systems and solar energy equipment shall be certified
under the applicable electrical and/or building codes as required.
(2)
Solar energy systems, and access to same, shall be maintained
in good working order, in accordance with industry standards, and
as may be specified or required by the Planning Board.
(3)
If storage batteries are included as part of the solar energy
system, they shall meet the requirements of any applicable fire prevention
and building code when in use and, when no longer used, shall be disposed
of in accordance with the laws and regulations of the Village and
any applicable federal, state, or county laws or regulations.
I. Permit time frame and abandonment.
(1)
The special use permit and site plan approval for a solar energy
system shall be subject to commencement of construction within 12
months from the date of site plan approval. In the event construction
is not completed in accordance with the final site plan, as may have
been amended and approved, as required by the Planning Board, within
12 months after commencement of construction, the Planning Board,
upon prior written application of the applicant, may extend the time
to complete construction for an additional six months. If the applicant
fails to achieve substantial completion after 24 months, the approvals
shall expire.
(2)
Upon cessation of electricity generation of a solar energy system
on a continuous basis for 12 months, the Village may notify and instruct
the property owner and operator of the solar energy system to implement
the decommissioning plan. The decommissioning plan must be completed
within 360 days of notification.
(3)
If the owner and/or operator fails to comply with decommissioning
upon any abandonment, the Village may remove of the solar energy system,
restore the site in accordance with the decommissioning plan and place
a lien on the property for the cost of such undertaking.
(4)
If, at the time of decommissioning, the property owner desires to pursue a utilization of the area different from the restoration set forth in the decommissioning plan, said owner shall pursue a site plan amendment in a timely fashion so that the application, approval and implementation may all be completed before the expiration of the three-hundred-sixty-day period referenced in Subsection
I(2). Said application shall comply with then existing zoning regulations.
J. Enforcement. Any violation of this solar energy section shall be
subject to the same enforcement requirements, including the civil
and criminal penalties, provided for in the zoning or land use regulations
of Village.
K. Severability. The invalidity or unenforceability of any section,
subsection, paragraph, sentence, clause, provision, or phrase of the
aforementioned sections, as declared by the valid judgment of any
court of competent jurisdiction to be unconstitutional, 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.