Town of Richmond, NY Special Use Requirements

Editor's Note: See Environmental Conservation Law § 23-2701 et seq.

[Amended 9-11-2018 by L.L. No. 6-2018]

The intent of this section is to promote and protect the public health, safety, welfare and aesthetics of the Town of Richmond while allowing open telecommunications and the ability to capture energy from natural sources.

Commercial broadcast and commercial wireless service telecommunications towers and antennas.

(1)

Purpose.

(a)

The purpose of these supplemental regulations is to promote the health, safety and general welfare of the residents of the Town, to provide standards for the safe provision of telecommunications consistent with applicable federal and state regulations and to protect the natural features and aesthetic character of the Town with special attention to scenic views from public highways.

(b)

These regulations are not intended to prohibit or have the effect of prohibiting the provision of personal wireless services nor shall they be used to unreasonably discriminate among providers of functionally equivalent services consistent with current federal regulations.

(2)

Application of special use regulations.

(a)

No transmission tower or accessory building shall hereafter be used, erected, moved, reconstructed, changed or altered except after approval of a special use permit and zoning permit in accordance with Subsection F and Article VIII, respectively. No existing structure shall be modified to serve as a transmission tower unless in conformity with these regulations.

(b)

These regulations shall apply to all property in accordance with the Table of Permitted Uses of Commercial Broadcast and Commercial Personal Wireless Service Towers and Antennas.[1]

[1]

Editor's Note: Said table is included at the end of this chapter.

(c)

Exceptions to these regulations are limited to new uses, which are accessory to residential uses and lawful or approved uses existing prior to the effective date of these regulations.

(d)

Where these regulations conflict with other laws and regulations of the Town, the more restrictive shall apply, except for tower height restrictions which are governed by these special use standards.

(3)

Special use standards.

(a)

Site plan.

[1]

An applicant shall be required to submit a site plan as described in § 200-68. The site plan shall show all existing and proposed structures and improvements, including roads, and shall include grading plans for new facilities and roads. The site plan shall also include documentation on the proposed intent and capacity of use as well as a justification for the height of any tower or antennas and justification for any land or vegetation clearing required.

[2]

The Planning Board shall require that the site plan include a completed visual environmental assessment form and a landscaping plan addressing other standards listed within this section, with particular attention to visibility from key viewpoints within and outside of the municipality as identified in the visual environmental assessment form.

[3]

The Planning Board may determine, based on review of the site plan and visual environmental assessment form, that the use is a Type I environmental action and, as such, will require submission of a full environmental assessment form.

(b)

Shared use.

[1]

At all times, shared use of existing towers shall be preferred to the construction of new towers. Additionally, where such shared use is unavailable, location of antennas on preexisting structures shall be considered. An applicant shall be required to present an adequate report inventorying existing towers within reasonable distance of the proposed site and outlining opportunities for shared use of existing facilities and use of other preexisting structures as an alternative to a new construction.

[2]

An applicant intending to share use of an existing tower shall be required to document intent from an existing tower owner to share use. The applicant shall pay all reasonable fees and costs of adapting an existing tower or structure to a new shared use. Those costs include but are not limited to structural reinforcement, preventing transmission or receiver interference, additional site screening and other changes, including real property acquisition or lease required to accommodate shared use.

[3]

In the case of new towers, the applicant shall be required to submit a written report demonstrating good faith efforts to secure shared use from existing towers as well as documenting capacity for at least three antenna systems for future shared use of the proposed tower. Written requests and responses for shared use shall be provided.

(c)

Setbacks. Setbacks for freestanding towers and antennas shall be 1.25 times the total height of the tower and antenna plus the normal building setback for the associated district. Guy wire supports and accessory structures shall be in accordance with normal building setbacks for the associated district. Freestanding towers shall not be closer than 300 feet from a public highway nor 500 feet from a residential dwelling.

(d)

Visibility.

[1]

All towers and accessory facilities shall be sited to have the least practical adverse visual effect on the environment.

[2]

Towers shall not be artificially lighted except to assure human safety as required by the Federal Aviation Administration (FAA). Towers shall be a galvanized finish or painted gray above the surrounding tree line and painted gray, green, black or similar colors designed to blend into the natural surroundings below the surrounding tree line unless other standards are required by the FAA. In all cases, structures offering slender silhouettes (i.e., monopoles or guyed towers) shall be preferable to larger, unsupported structures except where such structures offer capacity for future shared use. Towers should be designed and sited so as to avoid, whenever possible, application of FAA lighting and painting requirements.

[3]

Accessory facilities shall maximize use of building materials, colors and textures designed to blend with the natural surroundings.

(e)

Existing vegetation. Existing on-site vegetation shall be preserved to the maximum extent possible, and no cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) shall take place prior to approval of the special permit use. Clear-cutting of all trees in a single contiguous area exceeding 20,000 square feet shall be prohibited.

(f)

Protective fencing. Climbable towers shall be surrounded by at least eight-foot-high fencing, suitably topped to prevent entry.

(g)

Screening. Deciduous or evergreen tree plantings may be required to screen portions of the tower from nearby residential property as well as from public sites known to include important views or vistas. Where the site abuts residential or public property, including streets, the following vegetative screening shall be required. For all towers, at least one row of native evergreen shrubs or trees capable of forming a continuous hedge at least 10 feet in height within two years of planting shall be provided outside of any protective fencing to effectively screen the tower base and accessory facilities. In the case of poor soil conditions, planting may be required on soil berms to assure plant survival. Plant height in these cases shall include the height of any berm.

(h)

Access and parking. A road and parking will be provided to assure adequate emergency and service access. Maximum use of existing roads, public or private, shall be made. Road construction shall be consistent with standards for private roads and shall at all times minimize ground disturbance and vegetation cutting to within the toe of fill, the top of cuts or no more than 10 feet beyond the edge of any pavement. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential. Public road standards may be waived in meeting the objectives of this subsection.

(4)

Authority to impose conditions. The Town Zoning Board of Appeals and the Town Planning Board, respectively, shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed telecommunication tower special use or site plan.

(a)

Removal upon abandonment. Such conditions may include provisions for dismantling and removal of towers and accessory facilities upon abandonment of use.

Full-size earth station dish antennas and towers.

(1)

Scope. This subsection encompasses residential dishes exceeding one meter in diameter and commercial, governmental and exclusively emergency service point-to-point communications dishes exceeding two meters in diameter.

(2)

Use restrictions.

(a)

Permitted uses. Full-size dishes are permitted in all districts, subject to building/zoning permits, special use permits, variances and area restrictions, as applicable in accordance with Article VIII, § 200-65, and Subsections B(2)(b), (c) and (d) and B(3) below.

(b)

Special uses. The following require special use permits in accordance with Article VIII, § 200-66C, and Subsection E below.

[1]

Full-size non-roof-mounted dishes having a total height of greater than 10 feet above grade.

[2]

Full-size roof-mounted dishes.

(c)

Variances. The following uses may be permitted subject to issuance of area variances in accordance with Article VIII, § 200-67:

[1]

Non-roof-mounted full-size dishes having a total height exceeding district building height plus 10 feet above grade.

[2]

Full-size roof-mounted antennas having a height above the roofline exceeding 10 feet.

[3]

Dishes exceeding two meters in diameter.

(d)

Prohibited variance. No facilities exceeding 250 feet in height are permitted and no variance for such facilities may be issued.

(3)

Area restrictions.

(a)

No more than one facility shall be located on any lot or building.

(b)

No full-size freestanding dishes shall be constructed, erected or maintained except as accessory structures to an existing building.

(c)

All full-size freestanding dishes shall be located in the rear yard, at least 10 feet from the side and rear lot lines or at a distance equal to the total height of the antenna plus six feet, whichever is greater. All cables, guy wires or other supports shall constitute part of the antenna for side and rear setback measurements.

Mini-dish and noncommercial broadcast wire, rod or loop element antennas:

(1)

Scope. This subsection encompasses residential dish antennas not exceeding one meter in diameter; commercial, exclusively emergency services and governmental point-to-point communications dishes not exceeding two meters in diameter; broadcast receiving antennas; wireless cable or multichannel, multipoint distribution service receiving antennas; amateur and citizens band radio antennas; and other noncommercial, emergency service and governmental point-to-point communications elemental antennas.

(2)

Use restrictions.

(a)

Permitted uses.

[1]

No use restrictions or building/zoning permits apply for antennas as specified in Subsection C(1) above which meet mini-dish diameter constraints or which have the product of length multiplied by maximum width not exceeding 10% of the roof area for roof-mounted antennas, or which have a total height not exceeding 15 feet above grade or, for roof-mounted antennas, 15 feet above roof line, except that commercial antennas must be located in a commercial or industrial district.

[2]

Area restrictions of Subsection C(3) below apply to all antennas described in this section.

(b)

Special uses. The following uses are permitted only upon issuance of a special use permit in accordance with Subsection E below and Article VIII, § 200-66, and issuance of a building/zoning permit in accordance with Article VIII, § 200-65.

[1]

Roof-mounted elemental antennas having length multiplied by maximum width exceeding 10% of the roof area.

[2]

Antennas and associated structures exceeding 15 feet above grade or, for roof-mounted antennas, 15 feet above the roof line.

(c)

Variances. The following uses may be allowed upon issuance of an area variance, special use permit and building/zoning permit, in accordance with Subsection F below and Article VIII, should the applicant be able to meet all the legal standards specified therein.

[1]

Antennas and associated structures exceeding 60 feet above grade.

(d)

Prohibited variances. The following uses are not permitted in any district and no variances shall be granted for such use:

[1]

Facilities exceeding 250 feet total height above grade.

(3)

Area restrictions.

(a)

No more than one facility shall be located on any lot except that two monopoles or masts supporting one wire-type antenna is permitted.

(b)

No freestanding antenna shall be erected, constructed or maintained except as an accessory structure to an existing building.

(c)

All freestanding antennas, including guy wires and support structures, shall be located in the rear yard at least 10 feet from the rear and side lot lines, or at a distance equal to the antenna height plus six feet, whichever is greater, except that antennas less than 15 feet in total height may be located in the front or side yards to obtain clear communications.

Windmills.

(1)

Use restrictions.

(a)

Permitted uses. Windmills are permitted uses in applicable districts, subject to receipt of a building/zoning permit and special use permit in accordance with Subsection D(1)(b) and area restrictions of Subsection D(2) below and Subsection F.

(b)

Special uses. The following uses are permitted in applicable districts only upon issuance of a special use permit:

[1]

Facilities having a height not exceeding 60 feet above grade.

[2]

Energy-capturing windmills which do not exceed 60 feet in height above grade to the hub of the propeller.

(c)

Variances. The following uses are not permitted but may be allowed upon issuance of an area variance and special use permit in accordance with Subsection F:

[1]

Facilities exceeding 60 feet in height above grade.

[2]

Roof-mounted facilities.

(d)

Prohibited variances. No facilities exceeding 250 feet in height above grade are permitted and no variance for such facility shall be permitted.

(2)

Area restrictions.

(a)

No more than one windmill shall be located on any lot.

(b)

No freestanding windmill shall be erected, constructed or maintained except as an accessory structure to an existing building.

(c)

All freestanding windmills shall be located in the rear yard at least 10 feet from the rear and side lot lines, or at a distance equal to the structure height plus six feet, whichever is greater.

Solar energy systems.

[Amended 1-11-2022 by L.L. No. 2-2022]

(1)

Statement of purpose. This solar energy law is adopted to advance and protect the public health, safety, and welfare of the Town of Richmond, including, but not limited to:

(a)

Taking advantage of a safe, abundant, renewable, and nonpolluting energy resource;

(b)

Decreasing the cost of energy to the owners of commercial and residential properties, including single-family houses;

(c)

Increasing employment and business development in the region by furthering the installation of solar energy systems;

(d)

Making the community more resilient during storm events;

(e)

Aiding in the energy independence of the community as well as the country;

(f)

Diversifying energy resources to decrease dependence on the grid;

(g)

Encouraging investment in public infrastructure supportive of solar, such as generation facilities, grid-scale transmission infrastructure, and energy storage sites;

(h)

Minimizing adverse impacts on neighboring properties through thoughtful design and installation of solar energy systems; and

(i)

Protecting farmland of statewide importance and prime farmland, and promote dual use/co-location of solar energy systems to protect active farming and agricultural land.

(2)

Definitions. The following words, terms and phrases, when used in this subsection, shall have the meanings ascribed to them in this subsection except where the context clearly indicates a different meaning:

ABANDONMENT OF LARGE-SCALE SOLAR ENERGY SYSTEM

A large-scale solar energy system is deemed abandoned when energy production has been reduced to an amount of 20% or less of capacity for a period of 180 days.

AGRICULTURAL DATA STATEMENT

A statement required for all solar applications on property within an agricultural district containing a farm operation or on property within 500 feet of a farm operation. The statement shall include all information set forth in § 305-b of New York's Agriculture and Markets Law.

AGRICULTURAL LANDS

A parcel consisting of prime farmland or farmland of statewide importance that has been actively farmed for more than two farming seasons within the last five years.

BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV) SYSTEM

A combination of photovoltaic building components used to replace conventional building materials and integrated into any building envelope system, including but not limited to vertical facades including glass and other facade material, semitransparent skylight systems, roofing materials, and shading over windows.

DECOMMISSIONING

The removal and disposal of all solar panels, solar energy equipment, structures, equipment and accessories, including subsurface foundations and all other material, concrete, wiring, cabling, or debris, that were installed in connection with a solar energy system and the restoration of the parcel of land to the original state prior to construction on which the solar energy system is built to either of the following, at the landowner's (either the initial landowner or its heirs, successors or assigns) sole option: i) the condition such lands were in prior to the development, construction and operation of the solar energy system, including but not limited to restoration, regrading, and reseeding, or ii) the condition designed by the landowner (either the initial landowner or its heirs, successors or assigns) and the Town. Details of the expected decommissioning activities and costs are to be described in the decommissioning plan and decommissioning agreement as may be required pursuant to this article.

DECOMMISSIONING AGREEMENT

A written agreement between the applicant, initial landowner and Town that sets forth the obligations of the applicant and/or the initial landowner to properly decommission the solar energy system if the use of such system is discontinued, abandoned or becomes inoperable.

ENVIRONMENTAL MONITOR (EM)

An individual possessing the skills and knowledge to effectively develop, reclaim and decommission a site for use as a large-scale solar energy system.

FARMLAND OF STATEWIDE IMPORTANCE

Land, designated as "farmland of statewide importance" in the U.S. Department of Agriculture Natural Resources Conservation Service's (NRCS) Soil Survey Geographic Database (SSURGO) on Web Soil Survey, that is of statewide importance for the production of food, feed, fiber, forage, and oilseed crops as determined by the appropriate state agency or agencies. Farmland of statewide importance may include tracts of land that have been designated for agriculture by state law.

GLARE

The effect by reflections of light with intensity sufficient as determined in a commercially reasonable manner to cause annoyance, discomfort, or loss in visual performance and visibility in any material respect.

GROUND-MOUNTED, FREESTANDING SOLAR ENERGY SYSTEM

A solar energy system that is anchored to the ground and attached to a frame, pole or other mounting system, detached from any other structure, for the purpose of producing electricity for on-site consumption.

HONEOYE LAKE WATERSHED

The Honeoye Lake Watershed shall consist of all land south of U.S. Route 20A, within the Town of Richmond, abutting Honeoye Lake or any tributary, gulley, stream, and watercourses which carry runoff and sedimentation into Honeoye Lake. The most recent U.S. Geological Survey (USGS) series topographical maps for the Honeoye and Honeoye Lake quadrangles will be used to determine which properties are affected by this chapter.

INITIAL LANDOWNER

The record title owner to the real property upon which a solar energy system is constructed at the time such solar energy system is originally constructed.

KILOWATT (kW)

A unit of electrical power equal to 1,000 watts, which constitutes the basic unit of electrical demand. A watt is a metric measurement of power and is the rate at which electricity is used.

LARGE-SCALE SOLAR ENERGY SYSTEM

A solar energy system as defined in § 487(1)(B) of New York's Real Property Tax Law that is ground-mounted and produces more than 25 kilowatts (kW) or greater per hour of energy primarily for the purpose of off-site sale and/or consumption.

MEGAWATT (MW)

A unit of electric capacity or electric load. An MW is equal to 1,000 kilowatts.

NATIVE PERENNIAL VEGETATION

Native wildflowers, forbs, and grasses that serve as habitat, forage, and migratory way stations for pollinators and shall not include any prohibited or regulated invasive species as determined by the New York State Department of Environmental Conservation.

NEC

National Electric Code.

OFF-SITE USE

A solar energy system designed to be used primarily for the export of solar energy to be used primarily by parcels other than the parcel that the solar energy system is located on.

ON-SITE NET ENERGY METERING

A system in which solar energy generators are connected to a public utility power grid and surplus power is transferred onto the grid, allowing customers to offset the cost of power drawn from the utility. The acceptance by utilities of balancing out the total amount of energy consumed from decentralized sources with the total amount of energy stored on site by a solar PV system.

ON-SITE USE

A solar energy system designed to be used primarily by the building and/or parcel on which it is located.

OUT-OF-SERVICE SOLAR PANEL

A solar panel that is removed, replaced, or otherwise taken out of service.

POLLINATOR

Bees, birds, bats, and other insects or wildlife that pollinate flowering plants, including both wild and managed insects.

PRIME FARMLAND

Land, designated as "prime farmland" in the U.S. Department of Agriculture Natural Resources Conservation Service's (NRCS) Soil Survey Geographic Database (SSURGO) on Web Soil Survey, that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber, and oilseed crops. Prime farmland has the soil quality, growing season, and moisture supply needed to produce economically sustained high yields of crops when treated and managed according to acceptable farming methods, including water management. In general, prime farmlands have an adequate and dependable water supply from precipitation or irrigation, a favorable temperature and growing season, acceptable acidity or alkalinity, acceptable salt and sodium content, and few or no rocks. They are permeable to water and air. Prime farmlands are not excessively erodible or saturated with water for extended periods of time, and they either do not flood frequently or are protected from flooding.

QUALIFIED SOLAR INSTALLER

A person who has skills and knowledge related to the construction and operation of solar electrical equipment and installations and has received safety training on the hazards involved. Such training shall include the proper use of special precautionary techniques and personal protective equipment, as well as the skills and techniques necessary to distinguish exposed energized parts from other parts of electrical equipment and to determine the nominal voltage of the exposed parts.

ROOFTOP OR BUILDING-MOUNTED SOLAR ENERGY SYSTEM

A solar energy system located on the roof of any legally permitted building or structure that produces electricity for on-site consumption.

SOLAR ENERGY EQUIPMENT

Electrical energy storage devices, material, hardware, inverters, or other electrical equipment and conduit, not to include any type of battery energy storage system or similar device, that are used with solar panels to produce and distribute electricity.

SOLAR ENERGY SYSTEM

SOLAR PANEL

A photovoltaic device capable of collecting and converting solar energy into electrical energy.

STORAGE BATTERY

A device that stores energy and makes it available in an electrical form.

UNIFIED SOLAR PERMIT (USP)

An expedited solar permitting process developed by the NY-Sun public-private partnership which uses a unified permit across municipalities in New York State for certain solar energy systems.

(3)

Applicability. All solar energy systems installed in the Town:

(a)

Shall obtain a special use permit and site plan approval prior to installation, with the exception of small-scale solar energy systems used for residential purposes; and

(b)

Shall be installed only after a building permit is obtained from the Code Enforcement Officer; and

(c)

Shall be installed by a qualified solar installer; and

(d)

Shall meet all applicable setback requirements of the zone in which they are located or have obtained a variance from the Zoning Board of Appeals; and

(e)

Shall be installed in accordance with applicable electrical and building codes, the manufacturer's instructions and industry standards and, prior to operation, the electrical connections shall be inspected by the Town Code Enforcement Officer or by an appropriate electrical inspection person or agency, as determined by the Town; and

(f)

Shall be inspected by the appropriate public utility when connected to the public utility grid; and

(g)

Shall be designed and located so as to prevent reflective glare toward any inhabited buildings on adjacent properties and roads; and

(h)

Shall meet the standards of any applicable New York State Uniform Fire Prevention Building Code and National Energy Code standards; and

(i)

Shall be removed and the site fully decommissioned within 90 days after the Town has notified the owner that any of the conditions set forth in § 200-50E(5)(e) have occurred; and

(j)

Shall be permitted to provide power for use by owners, lessees, tenants, residents, or other occupants of the premises on which they are erected, but nothing contained in this provision shall be construed to prohibit solar energy systems or the sale of excess power through an on-site net energy metering arrangement in accordance with New York Public Service Law § 66-j or similar state or federal statutes.

(4)

Small-scale solar energy systems. Standards for rooftop, building-mounted or ground-mounted small-scale solar energy systems.

(a)

Residential. Rooftop, building-mounted or ground-mounted solar energy systems less than 25 kW that use the system's generated energy exclusively for on-site single-family residential purposes are permitted as an accessory use in all zoning districts and shall be exempt from site plan review. For the installation of such a system, the applicant shall file, with the Code Enforcement Office, a New York State Unified Solar Permit (USP) application and pay all fees in order to obtain a building permit.

(b)

Nonresidential. Rooftop, building-mounted or ground-mounted solar energy systems less than 25 kW for applications other than single-family residential, including, but not limited to, system applications for multifamily, office, municipal, commercial and industrial that use the solar energy system's generated energy exclusively on site are permitted as accessory structures in applicable zoning districts with a special use permit from the Zoning Board of Appeals and site plan approval by the Planning Board.

(c)

Rooftop or building-mounted solar energy systems shall meet New York's Uniform Fire Prevention and Building Code and National Electrical Code standards.

(d)

The height of the ground-mounted or freestanding small-scale solar energy system and any mounts shall not exceed 15 feet when oriented at maximum tilt.

(e)

The total surface area of the ground-mounted or freestanding small-scale solar energy system on the lot shall not exceed 1,000 square feet and, when combined with all other buildings and structures on the lot, shall not exceed 50% lot coverage.

(f)

Ground-mounted or freestanding solar energy systems shall be located in a side or rear yard.

(5)

Standards for large-scale solar energy systems.

(a)

Large-scale solar energy systems are permitted through the issuance of a special use permit within the A Residential/Agricultural District and the G Commercial/Light Industrial District, subject to the requirements set forth in this section, including site plan approval by the Planning Board. In accordance with standards set forth in § 200-39 of this chapter, applications for a special use permit for the installation of a large-scale solar energy system shall be reviewed by the Code Enforcement Officer and referred to the Zoning Board of Appeals for special use permit review, which may result in approval, approval with conditions or denial. The Planning Board shall also review and comment on all large-scale solar special use permit applications and, if a special use permit is granted, shall also require site plan approval from the Planning Board.

(b)

Large-scale solar energy system special use permit application requirements. Prior to the granting of a special use permit, the applicant shall provide the Zoning Board of Appeals the following information:

[1]

A memorandum of lease that includes the names of the parties to the lease, the lease term, and a description of the real property encumbered, if the property of the proposed project is to be leased. Any lease agreement between the applicant and an initial landowner shall conform to or be amended such that it conforms with the requirements for the applicant and initial landowner as set forth in the decommissioning agreement referenced in § 200-50E(5)(b)[9].

[2]

An agreement governing the relationship between any entity operating the solar energy system and the property owner as it relates to the project.

[3]

Verification that the utility company servicing the area can accommodate the additional load of the proposed large-scale solar energy system or verification that the applicant has agreed to make all necessary capacity improvements.

[4]

An agreement that the owner of the solar energy system shall submit annually, on the anniversary of the certificate of occupancy, documentation from the utility company showing electricity produced by the large-scale solar energy system. Failure to submit the proper documentation shall constitute evidence of abandonment of the large-scale solar energy system.

[5]

Plans showing the layout of the solar energy system stamped and signed by a professional engineer or registered architect.

[6]

Information establishing that the use of the land required by the project shall not cause a material loss of valuable agricultural lands to the Town of Richmond.

[7]

The equipment specification sheets for all photovoltaic panels, significant components, mounting systems, and inverters that are to be installed.

[8]

A property operation and maintenance plan that shall become a condition of the special use permit. The property operation and maintenance plan shall:

[a]

Describe the continuing maintenance of the property and include a plan for mowing, trimming and upkeep of the visual screening.

[b]

State the proposed use or uses of the remaining property not used for the large-scale solar energy system.

[c]

Set forth a plan to maintain access roads, including checks for sediment buildup, drainage issues, rutting and road failures.

[d]

Set forth a snow removal plan that is acceptable to the local fire department and, if the large-scale solar energy system is located in an ambulance district, the local ambulance corps.

[e]

Identify all stormwater practices.

[f]

Provide a plan for the inspection and maintenance of any culverts.

[g]

Identify all maintenance activities which have the potential to cause pollution, including panel washing, the application of corrosion protection or lubricants, sanding or painting painted surfaces, herbicide applications and pest management, and specify the products or substances that are to be used.

[h]

Set forth a plan for the proper collection, transportation, recycling, and disposal of out-of-service solar panels, significant components, mounting systems, and inverters consistent with any applicable Town, county, state or federal rules or regulations, as amended or revised.

[9]

Decommissioning agreement. To ensure the proper removal of large-scale solar energy systems, a decommissioning agreement must be signed by the landowner and the large-scale solar energy system owner and will be filed with the Town Clerk and the deed recorded relating to the property in the Ontario County Clerk's Office. A decommissioning agreement shall be approved by the Zoning Board of Appeals, and compliance with this agreement shall be made a condition of the special use permit under this section and be required to be filed with the Town prior to issuance of a permit.

[a]

The decommissioning agreement shall state that after a decommissioning event set forth in Subsection E(5)(e) of this section occurs, the large-scale solar energy system shall be removed by the applicant or any subsequent owner within 90 days.

[b]

The agreement shall demonstrate how the removal of all infrastructure and the remediation of soil and vegetation shall be conducted to return the parcel to its original state prior to construction.

[c]

The agreement shall also include a timeline for execution.

[d]

The agreement shall contain an itemized and site-specific decommissioning cost estimate detailing the projected cost of executing the decommissioning agreement and shall be stamped and signed by a professional engineer.

[i]

The cost estimate shall include an estimate to remove all component parts of the solar energy system including but not limited to solar panels, racking, wiring, fencing, riser poles, equipment pads and equipment.

[ii]

The cost estimate shall include an adjustment for inflation.

[iii]

The savings associated with scrapping metal or other material shall not be considered in the cost estimate.

[iv]

The cost estimate shall include a line item for repair of Town roadways damaged during decommissioning.

[v]

The cost estimate for the proper collection, transportation, recycling, and disposal of out-of-service solar panels, significant components, mounting systems, and inverters consistent with any applicable Town, county, state or federal rules or regulations, as amended or revised.

(c)

As a condition of the special use permit, the applicant, the owner of the system or the landowner shall post a surety in an amount and form acceptable to the Town. The surety shall be for an amount that equals or exceeds the cost of removal set forth in the decommissioning cost estimate. The acceptable forms of surety shall include, in order of preference, a letter of credit, a bond, or a combination thereof. Such surety will be used to guarantee removal of the large-scale solar energy system should the owner fail to remove it. The surety shall remain in full force and effect until such time as the large-scale energy system shall be decommissioned to the satisfaction of the Town.

(d)

Removal of large-scale solar energy systems must be completed in accordance with the decommissioning agreement.

(e)

The obligation to decommission the solar energy system shall occur if any of the following decommissioning events occur:

[1]

Construction of the solar energy system is not completed within 18 months after receiving the special use permit, or if significant work has not yet commenced one year from final site plan approval, unless an extension is approved by the Town; or

[2]

The owner of the solar energy system has failed to submit annual documentation to the Town showing the facility's monthly energy production; or

[3]

Energy production at the constructed facility is less than 20% of capacity; or

[4]

The decommissioning bond or letter of credit guaranteeing the cost of removal is not renewed or replaced with a new bond or letter of credit approved by the Town and provided same to the Town; or

[5]

The solar energy system is deemed inoperable or abandoned by the Town; or

[6]

The owner of the solar energy system or landowner has transferred the property without notifying the Town or failed to provide the Town with proof of the new owner's agreement to comply with the decommissioning agreement and the property operation and maintenance plan; or

[7]

The solar energy system has completed its 30th year of operation (computed from the date on which the facility commenced energy production) and the owner has not obtained an extension from the Town to extend its obligation to decommission the system.

(f)

Notice. When a decommissioning event has occurred, the Code Enforcement Officer shall provide written notice to the owner of the large-scale solar energy system, the landowner and, if applicable, the company that posted the decommissioning bond stating that the system shall be removed and the site restored in accord with the decommissioning agreement within 90 days from the date of the written notice.

(g)

If the large-scale solar energy system is not decommissioned within 90 days of a decommissioning event, the municipality may remove the system and restore the property by first using the proceeds of the surety. If the surety is unavailable, the costs incurred by the Town may be assessed against the property. These costs shall become a lien and tax upon the property and be enforced and collected with interest by the same officer and in the same manner as other taxes.

(h)

For large-scale solar energy systems located within or adjacent to established Ontario County Agricultural District lands, the special use permit shall have a general note that identifies and thereby acknowledges the provisions of the Town's Right-to-Farm Law.[2]

[2]

Editor's Note: See Ch. 118, Farming, Art. I, Right to Farm.

(i)

Large-scale solar site plan review standards. The Planning Board shall review all site plans for large-scale solar energy systems. Prior to granting site plan approval, the Planning Board shall determine that the following standards are met. The Board may impose conditions on approval to enforce the standards.

[1]

Setbacks. The minimum setback for large-scale solar energy systems shall be 200 feet from any property line.

[2]

Height. Large-scale solar energy systems shall not exceed 15 feet in height when oriented at maximum tilt.

[3]

Lot coverage maximum. Because large-scale solar energy systems are largely comprised of panels that sit above the ground, allowing the ground underneath them to remain pervious, large-scale solar energy systems may comprise a maximum lot coverage of up to 80% of the lot on which they are installed. In order to minimize future loss of farmland of statewide importance and prime farmland, if the subject parcel comprises of agricultural lands as defined herein, a large-scale solar energy system that is ground-mounted may comprise a maximum lot coverage of up to 50% of the lot on which it is installed.

[4]

Drainage. All large-scale solar energy systems shall include a drainage and stormwater management plan that is acceptable to the Planning Board.

[5]

Easements. All large-scale solar energy systems shall provide access, maintenance, and utility easements that are acceptable to the Planning Board.

[6]

The Planning Board must approve the decommissioning agreement submitted by the applicant and approved by the Zoning Board of Appeals.

[7]

The Planning Board must approve the property operation and maintenance plan submitted by the applicant and approved by the Zoning Board of Appeals.

[8]

All access roads and paths required for the project shall be integrated into other uses on the property if possible. Access road siting and grading shall be designed to minimize any negative impacts from stormwater drainage.

[9]

Solar energy systems shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties and roads.

[10]

All mechanical equipment, including any structure for the storage of batteries, shall be enclosed by an eight-foot-high fence, as required by NEC, with a self-locking gate to prevent unauthorized access.

[11]

Screening. To avoid adverse aesthetic impacts, and to the extent practicable, all large-scale solar energy systems shall be adequately screened with vegetative buffering to conceal the system from roadways and adjacent properties. All large-scale solar energy systems are required to submit a screening and landscaping plan, stamped and signed by a New York State licensed landscape architect, showing adequate measures to screen through landscaping, grading, berms or other means so that the solar panels and other equipment's visibility is minimized from roadways and neighboring properties. The screening and landscaping plan shall include the locations, elevations, height, plant species, materials, structures, landscaping and/or grading used to screen or mitigate any adverse aesthetic effects of the system.

[12]

Wetlands. No large-scale solar energy systems shall be erected within a federal or state designated freshwater wetland or within any protected buffer area thereto, within a federal designated area of special flood hazard, on a portion of a site which has been determined to possess important scenic vistas. The freshwater wetland and protected buffer restriction applies only to the array area and does not apply to site access roads or the medium voltage lines from the inverter within the array area needed to connect to the point of interconnection as long as the appropriate state and/or federal permits have been obtained.

[13]

Honeoye Lake Watershed. No large-scale solar energy system shall be erected in the Honeoye Lake Watershed within the Town. A map of the Honeoye Lake Watershed can be found on the Town's website.

[14]

Scenic viewsheds. A solar farm shall not be installed in any location that would substantially detract from or block the view(s) of all or a portion of a recognized scenic viewshed, such as Honeoye Lake, as viewed from any public road, right-of-way or publicly owned land within the Town or that extends beyond the border of the Town. For purposes of this subsection, consideration shall be given to any relevant portions of the current, amended and/or future Town Comprehensive Plan and/or any other prior, current, amended and/or future officially recognized Town planning document or resource.

[15]

Viewshed/line-of-site analysis. The applicant shall provide a viewshed/line-of-sight analysis, with scaled color visual renderings to demonstrate the adequacy of proposed buffering/screening at the completion of construction of the solar energy system, and similar visual renderings of the projected maturation of the buffering/screening 10 years after completion of the solar energy system.

[16]

Tree removal. Removal of trees and other existing vegetation shall be minimized or offset with planting elsewhere on the property.

[17]

Ground cover. Pollinator-friendly ground cover shall be planted on the ground around and under solar arrays utilizing seed cover crops such as clover or alfalfa instead of using gravel or concrete, in the most practical way possible; 20% of project area is covered by pollinator-friendly vegetation.

[18]

Environmental impacts. So that development and operation of a large-scale 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 or other federal or state regulatory agencies. The applicant must supply specific information on the project's potential impacts to migrating birds. Habitat loss, habitat fragmentation, and wildlife corridors shall be reviewed for potential impacts on a case-by-case basis.

[19]

Security. All large-scale solar energy systems shall be enclosed by fencing to prevent unauthorized access. Warning signs, not to exceed eight square feet, with the name, address, and phone number of the system installer, the owner and/or operator of the large-scale solar energy system, as well as all the property owners, shall be placed on the entrance and perimeter of the fencing. The type of fencing shall be determined by the Planning Board. The fencing shall be a minimum of eight feet.

[20]

The Planning Board may require input from New York's State Historic Preservation Office (SHPO) regarding historic and archeological impacts or the New York State Department of Environmental Conservation (DEC) regarding wetlands. The Planning Board may impose conditions on its approval of any site plan to enforce the standards referred to in this section or in order to discharge its obligations under the State Environmental Quality Review Act (SEQRA).

[21]

Ontario County Soil and Water. Site and stormwater management plans for large-scale solar energy systems shall be reviewed by the Ontario County Soil and Water Conservation District prior to final site plan approval.

[22]

Signs. A sign not to exceed eight square feet shall be displayed on or near the main access point and shall list the facility name, owner, phone number and address. A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

[23]

When storage batteries are included as part of the large-scale solar energy system, the batteries must be placed in a secure container or enclosure meeting the requirements of the International Building Code, International Fire Prevention Code and NFPA 70, New York State Uniform Fire Prevention Building and Energy Code when in use. When the batteries are no longer in use, they shall be disposed of in accordance with any applicable federal, state, county or Town laws.

[24]

Additional standards for projects located on agricultural lands.

[a]

To the maximum extent practicable, large-scale solar energy systems located on prime farmland shall be constructed in accordance with the construction requirements of the New York State Department of Agriculture and Markets.

[b]

Large-scale 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 foraging habitat beneficial to game birds, songbirds, and pollinators. To the extent practicable, when establishing perennial vegetation and beneficial foraging habitat, the owners shall use native plant species and seed mixes.

[c]

Large-scale solar energy systems located upon farmlands with soils classified as Class 1 through 4, as documented upon the Soil Group Worksheets prepared by the Ontario County Soil and Water Conservation District, shall require the project sponsor and/or project manager to coordinate with the Ontario County Soil and Water Conservation District and/or the New York State Department of Agriculture and Markets to develop an appropriate schedule for inspections to assure these lands are being protected to the greatest extent possible during the construction or restoration phase of development.

[d]

Where large-scale solar energy systems are to be located on Class 1 through 4 soils, then the following shall apply to the construction, restoration and follow-up monitoring of solar energy projects impacting such lands. Depending upon the size of the project, the applicant shall hire an environmental monitor (EM) to oversee the construction, restoration and follow-up monitoring in agricultural fields. The EM is to be on site whenever construction or restoration work is occurring on the Class 1 through 4 soils and is to be coordinated with the Ontario County Soil and Water Conservation District and/or the New York State Department of Agriculture and Markets to develop an appropriate schedule for inspections to assure these lands are being protected to the greatest extent possible. The person or company hired as an environmental monitor shall be paid by the applicant.

[e]

The applicant shall provide a completed agricultural data statement identifying whether the proposed project lies within an area which is further regulated under § 283-a of New York State Town Law, as amended.

[f]

For large-scale solar energy systems located within or adjacent to established Ontario County Agricultural District lands, the site plan shall have a general note that identifies and thereby acknowledges the provisions of the Town's Right-to-Farm Law.[3]

[3]

Editor's Note: See Ch. 118, Farming, Art. I, Right to Farm.

[g]

Accommodating compatible agricultural uses. To minimize the displacement of prime farmland and farmland of statewide importance that are in agricultural production, large-scale solar energy systems shall be designed to accommodate agricultural activities that are compatible on the lot on which they are installed. The applicant shall submit language from the lease or a property maintenance contract that allows for the establishment of apiary operations and sheep grazing under and around installed solar panels.

(j)

Exemptions. Large-scale solar energy systems that do not exceed 110% of a farm operation for usage and consumption which otherwise meets the requirements of the New York State Agriculture and Markets Law shall be exempt from the requirements of this section.

Additional provisions and fees for antennas, towers and energy-capturing structures.

(1)

Application procedures.

(a)

Building/zoning permits for permitted uses. Prior to construction of any facility permitted under § 200-50, except for those of Subsection C(2)(a), a zoning permit in accordance with Article VIII, § 200-66, is required.

(b)

Special use permit. All applicants for a special permit to construct or maintain a facility within the Town of Richmond must make application to the Code Enforcement Officer on forms prescribed for that purpose. In addition, the applicant must provide the following:

[1]

Specific site data placed on a map, acceptable in form and content to the Code Enforcement Officer, which shall be prepared to a scale of not smaller than one inch to 50 feet, and in sufficient detail and accuracy so as to accurately depict the placement of all component parts of the tower or antenna (including guy wires or enclosures) in relation to:

[a]

The location of property lines and permanent easements.

[b]

The location of all structures on the site and all structures on any adjacent property within 10 feet of the property lines.

[c]

The location of all utility poles, above- and below-ground utility lines, trees or other natural or artificial structures.

[d]

The location, nature and extent of any proposed fencing, buffering, plantings or other screening measures, if any.

[2]

All information prepared by the manufacturer of the facility for which a permit is being sought, including but not limited to the following:

[a]

The make and model.

[b]

The manufacturer's suggested installation instructions.

[c]

The manufacturer's suggested maintenance and/or inspection procedures.

[3]

The applicant shall also submit to the Zoning Board of Appeals documentation that shared use of existing towers is not feasible.

[4]

With respect to all windmills and energy-creating devices proposed for use as a wind-energy conversion system, the following information shall be provided:

[a]

A report prepared by a professional engineer licensed by the State of New York or, at the option of the Building Inspector, the manufacturer's design data and calculations required to certify the structural adequacy of the tower, the guy lines, footings and other supporting structures, and to certify compliance of the New York State Building Code. The report shall also specify the expected behavior of the tower and equipment in a failure mode.

[5]

The applicant shall give notice by certified mail, return receipt requested, to all property owners within 1,500 feet of the parcel upon which the proposed facility is to be constructed or maintained. Such notice must contain the following information: the street address of the property in question; a scale sketch of the location of the facility on the property; and the date, time and place of the public hearing on said application.

[6]

The applicant shall submit certification of approval from the Federal Communications Commission to the Zoning Board of Appeals that the proposed facility meets with its approval.

(2)

Special use permit standards. No special use permit shall be granted unless evidence is presented which establishes that:

(a)

The proposed facility is located within the geographic area permitted under this section.

(b)

The proposed facility complies with all other use and area requirements of this section.

(c)

The proposed facility is adequately screened and buffered from neighboring properties in order to minimize impact on said properties.

(d)

The installation and use of the facility will not have an adverse impact on the use, enjoyment and value of neighboring property.

(e)

The nonionizing electromagnetic radiation (NEMR) emitted from the facility does not result in a ground level exposure at any point outside said facility which exceeds the lowest applicable exposure standards established by any regulatory agency of the United States government or the American National Standards Institute (ANSI).

(3)

Maintenance of existing facilities. Existing facilities may be repaired and maintained without restriction. However, any modification to any such facility, whether or not incidental to repair or maintenance, which may result in a change on the surface, subsurface or air space occupied by such facility, including any device used in connection with the same, shall be subject to the provisions of this section. No existing facility shall be modified in any way which will result in any substantial increase in the level, intensity or direction of any NEMR emission existing on the effective date of this chapter, and further, that at no time shall such modification result in any increase in the level of NEMR over the applicable NEMR exposure standards established by any regulatory agency, private (such as ANSI) or governmental, whichever is lower, and further provided that such emissions from the proposed modification will not cause some other site to exceed the standards because of cumulative effect. The NEMR emitted therefrom does not result in a ground level exposure at any point outside such facility which exceeds the lowest applicable exposure standards established by any regulatory agency of the United States government or the American National Standards Institute.

(4)

Abandonment or discontinuance of use and operation. In the event that the owner or user of any facility ceases for a period of 90 days to use or operate said facility, then and in that event such facility shall be dismantled and removed from the site and the site shall be restored to its natural state by the owner. Failure to dismantle and remove a facility and restore the site to its natural state within 30 days after said facility has been declared abandoned by the Town Board will result in forfeiture of said letter of credit or cash bond posted by said owner or user of said facility.

(5)

Registration and reporting.

(a)

The owner, manager or other beneficial party in interest shall file a statement of registration of any commercial broadcast or communication facility defined in Subsection A herein, excepting private use facilities, with the Code Enforcement Officer within 90 days of the effective date of this chapter. Such statement shall contain the following information and any other data which the Code Enforcement Officer requests as incidental and necessary to the administration and enforcement of this chapter:

[1]

The nature of the facility, including a description of its function and purpose.

[2]

The names of the owners, managers and other parties who are responsible for the control and operation of the facility. This shall also include the names of any persons on whose property the facilities are located.

[3]

Emission data pertaining to NEMR, including levels, direction and orientation of emissions, and hours and dates of operation.

[4]

The names, telephone numbers and addresses of persons who may be contacted in the event of any emergency.

[5]

The names of any regulatory agencies which are involved in any way in the licensing or regulation of the facility, including a statement of any violations cited against the facility and corrective measures mandated.

[6]

The names of any insurance companies providing protection against loss or damage to persons or property resulting from the operation or maintenance of the facility.

[7]

Any changes in the information or date required to be furnished by this section shall be provided within 30 days of any such changes by the filing of an amended registration form to be provided by the Town Board. Such filing shall not, however, be interpreted to authorize any violation of the provisions of this chapter or of any permit issued pursuant to the same.

(b)

The owner or other beneficial party in interest shall submit to the Code Enforcement Officer of the Town of Richmond not less than annually a report describing the research and development, experimental or testing activities of its facilities in the Town of Richmond during the year, including the hours of operation of those facilities, and certifying on a form to be provided by the Town, that during the previous year there have been no NEMR emissions from such facilities at power levels, frequencies, durations, and directional concentrations as would exceed the above standards so as to constitute any health hazard to the citizens of the Town of Richmond. Further, the applicant shall provide to the Code Enforcement Officer of the Town of Richmond any other reports filed with the governmental or regulatory agencies related to the use and operation of these facilities.

(6)

Fees.

(a)

Application fees. Application fees for building permits, special use permits and variances shall be as established by the Richmond Town Board and kept on file with the Code Enforcement Officer.

(b)

Annual registration and inspection fees. Annual registration, initial engineering inspection and annual maintenance inspection fees shall be established by the Richmond Town Board and kept on file with the Code Enforcement Officer.

(7)

Miscellaneous provisions.

(a)

Inspection. Each facility subject to this section may be inspected on a periodic basis by the Fire Marshal, Building Inspector or other person appointed by the Town Board to ensure compliance with this section.

(b)

Maintenance and/or performance bond.

[1]

Prior to approval of any application for commercial towers or antennas defined in Subsection A, the Planning Board, in its sole discretion, may require the applicant and/or owner to post and file with the Town Clerk a maintenance and/or performance bond or other form of security acceptable to the Town Board and Attorney for the Town in an amount sufficient to cover the installation, maintenance and/or construction of said tower or antennas during their lifetime and provide for their removal. The amount required shall be determined in the sole discretion of the Town Board, based upon the unique characteristics of the structure and site.

[2]

In furtherance of the foregoing, the applicant and/or owner shall cooperate with the Planning Board in supplying all necessary construction and maintenance data to the Planning Board prior to approval of any application to accomplish the foregoing.

(c)

Insurance. Each owner or user of a facility subject to the requirements of Subsection A shall be required to obtain an insurance policy, naming the Town of Richmond as beneficiary, to protect the Town of Richmond from liability arising out of said facility, if said insurance policy can be obtained. The amount of said policy shall be determined by the Town Board.

(d)

Revocation of permit. Any permit granted hereunder may be revoked by the Zoning Board of Appeals after due hearing on not less than 10 days' notice to the person holding such permit in the event that the use violates any of the conditions or restrictions of this section or any conditions or restrictions imposed by the Zoning Board of Appeals upon the issuance of such permit, or shall have become a nuisance.

(e)

Enforcement proceedings. The Town of Richmond shall have all enforcement remedies allowed by the law, including but not limited to criminal enforcement in Justice Court and civil enforcement by injunction in Supreme Court.