The purpose of this article is to provide standards for energy
systems designed for on-site home, farm, and small commercial use
and that are primarily used to reduce on-site consumption of utility
power. The intent of this article is to encourage the development
of alternative energy systems while protecting the health, safety,
and welfare of the public.
A.
Applicability.
(1)
Only closed-loop geothermal energy systems utilizing heat transfer fluids as defined in Article I are permitted. Open-loop geothermal energy systems are not permitted.
(2)
Geothermal energy systems in public waters may be permitted
in accordance with approval from the LeRay Town Board, subject to
state and federal permits and water quality standards.
(3)
Geothermal energy systems in water bodies owned or managed by
the Town of LeRay are not permitted.
B.
Design standards.
(1)
All components of geothermal energy systems, including pumps,
borings and loops, shall be set back at least five feet from side
lot lines and at least 10 feet from rear lot lines.
(2)
All borings and loops shall be set back at least 10 feet from
the foundation of any structure, either on or off site.
(3)
Aboveground equipment associated with geothermal energy shall
not be installed in the front yard of any lot or the side yard of
a corner lot adjacent to a public right-of-way and shall meet all
required setbacks for the applicable zoning district.
(4)
Geothermal energy systems shall not encroach on public drainage,
utility roadway or trail easements.
(5)
Geothermal heat pumps shall be screened to reduce noise levels
as measured at the property boundary to 50 decibels or less.
(6)
In addition to screening for noise control, geothermal energy
systems are considered mechanical equipment and are subject to screening
by landscaping, fencing or other methods to enhance the view.
C.
Standards and certifications. Geothermal energy systems shall be
certified by Underwriters' Laboratories, Inc., and shall meet the
requirements of the New York State Building Code as adopted by the
Town of LeRay.
D.
Abandonment.
(1)
If a geothermal energy system remains nonfunctional or inoperative
for a continuous period of 12 months, the system shall be deemed to
be abandoned and shall constitute a public nuisance.
(2)
Upon notice to the owner by the Zoning Enforcement Officer,
within 180 days the owner shall remove the abandoned system at his/her
expense after a hearing by the LeRay Town Board, in accordance with
the following:
(a)
The heat pump and any external mechanical equipment shall be
removed.
(b)
Pipes or coils below the land surface shall be filled with grout
to displace the heat transfer fluid. The heat transfer fluid shall
be captured and disposed of in accordance with applicable regulations.
The top of the pipe, coil or boring shall be uncovered and grouted.
(c)
Geothermal energy systems shall be completely removed from the
bottom of any water body.
E.
Permits.
(1)
A building permit shall be obtained from the Jefferson County
Fire Prevention and Building Codes Department for any geothermal energy
system prior to installation.
(2)
Borings for vertical systems are subject to any and all required
approvals and permits from the NYSDEC Division of Waters the New York
State Department of Health.
A.
Applicability.
(1)
Small WECS may be used primarily to generate on-site power or
to reduce the off-site supply of electricity.
(2)
Freestanding small WECS shall only be permitted in AR Zoning
Districts upon issuance of a special use permit.
(3)
Building-mounted and freestanding small WECS with a rotor swept
area of 20 square feet or less and a height of 35 feet or less shall
be permitted in CC, MU, MED, and AR Districts upon issuance of a special
use permit.
B.
Approval. No small WECS shall be erected, constructed, installed or modified without first receiving a special use permit from the Planning Board, as outlined in Article XVI. All small WECS installed prior to the enactment of this article are exempt from the conditions herein; provided, however, that:
(1)
Any such preexisting small WECS which does not provide energy
for a continuous period of 12 months shall meet the requirements of
this section prior to recommencing production of energy.
(2)
No modification or alteration to an existing small WECS shall
be allowed without full compliance with this section.
(3)
Wind energy facilities are an accessory use. A different existing
use or an existing structure on the same site shall not preclude the
installation of a small WECS or a part of such facility on such site.
(4)
Small WECS constructed and installed in accordance with this
section shall not be deemed expansions of a nonconforming use or structure.
C.
Procedure for review.
(1)
An application for a special use permit and site plan review for freestanding small WECS shall include the following requirements, in addition to those requirements pursuant to Articles XVI and XX:
(a)
Ownership and land use information within a radius of 1,000
feet of the location proposed for each tower to be shown on the site
plan.
(b)
Location of the proposed small WECS, foundations, guy anchors,
and associated equipment to be shown on the site plan.
(c)
Location of important bird areas as identified by New York Audubon
Society, other recognized habitats such as any nearby New York State
wildlife management areas, any locally recognized priority habitat
areas such as those set aside for bats, and any areas considered "sensitive."
This may include but not be limited to areas such as bird conservation
areas or areas covered under mitigation for species such as grassland
birds and state-identified wetlands to be shown on the site plan.
(d)
Setback requirements as outlined in this chapter to be shown
on the site plan.
(e)
Small WECS specifications, including manufacturer, model, rotor
diameter, tower height, and tower type (freestanding or guyed).
(f)
If the small WECS will be connected to the power grid, documentation
shall be provided regarding the notification of the intent with the
utility regarding the applicant's installation of a small WECS.
(g)
Tower foundation engineering drawings stamped by a professional
engineer licensed to practice in the State of New York.
(h)
Sound level analysis prepared by the wind turbine manufacturer
or qualified engineer.
(i)
Electrical components in sufficient detail to allow for a determination
that the manner of installation conforms to the National Electrical
Code (usually provided by the manufacturer).
(j)
Estimated costs of physically removing the small WECS to comply
with safety standards.
(k)
Evidence of compliance or nonapplicability with Federal Aviation
Administration requirements.
(l)
The site plan must be stamped by a professional engineer licensed
to practice in the State of New York.
(2)
An application for a special use permit and site plan review for building-mounted small WECS shall include all the requirements of Subsection C(1) above, except Subsection C(1)(g), and the following:
(a)
Building connection details and engineering drawings stamped
by a professional engineer licensed to practice in the State of New
York.
(3)
Prior to issuance of a special use permit, the applicant shall
provide the Town proof of a level of insurance to be determined by
the Town Board in consultation with the Town's insurer, to cover damage
or injury that might result from the failure of a tower or towers
or any other part or parts of the generation and transmission facility.
D.
Application review process.
(1)
Applications for small WECS are deemed unlisted projects under
SEQRA. The Planning Board may conduct its SEQRA review in conjunction
with other agencies, in which case the records of review by said communities
shall be part of the record of the Planning Board's proceedings.
(2)
An application under this section is not deemed complete until
a properly completed environmental assessment form (EAF) under the
State Environmental Quality Review Act[1] (or successor provision) has been submitted to the Planning
Board, and:
(a)
Lead agency has been established pursuant to the Environmental
Conservation Law;
(b)
A negative declaration or conditional negative declaration has
been filed pursuant to the Environmental Conservation Law; or
(c)
If it has been determined that the project may have a significant
effect on the environment, a draft environmental impact statement
has been accepted by the lead agency.
[1]
Editor's Note: See New York State Environmental Conservation
Law § 8-0101 et seq.
(3)
The Planning Board will require a developer agreement for any
engineering and legal review of application(s) and any environmental
impact statements before commencing its review.
E.
Design standards. In addition to the special use permit review process as provided in Article XVI, the small WECS shall also be evaluated for compliance to the following standards:
(1)
Setback and area requirements.
(a)
Freestanding small WECS shall be set back a distance, measured
from the center of the tower base, at 1 1/2 times the total height
of the tower from:
[1]
Any public road right-of-way, unless written permission is granted
by the governmental entity with jurisdiction over the road.
[2]
Any overhead utility or transmission lines.
[3]
All property lines.
[4]
All dwellings.
[5]
Any travel ways, to include but not be limited to driveways,
parking lots, nature trails or sidewalks.
[6]
Other wind turbine towers, electrical substations, or meteorological
towers.
[7]
Wind turbines shall be set back at least 1,000 feet from important
bird areas, as identified by the New York Audubon Society, other recognized
habitats such as any nearby New York State wildlife management areas,
and any locally recognized priority habitat areas such as those set
aside for bats and any areas considered "sensitive," which may include
but not be limited to areas such as bird conservation areas or areas
covered under mitigation for species such as grassland birds; and
at least 500 feet from state-identified wetlands. These distances
may be adjusted to be greater or lesser at the discretion of the reviewing
body, based on topography, land cover, land uses, and other factors
that influence the flight patterns of resident birds.
(b)
Guy wires used to support the tower are exempt from the small
WECS setback requirements. However, the guy wires may not be located
within or over a right-of-way without obtaining an easement.
(c)
No small WECS shall be installed or mounted less than 100 feet
from the nearest dwelling as measured horizontally from the center
of the rotor.
(d)
All small WECS shall require a minimum lot size of one acre
for each turbine.
(2)
Height.
(a)
The total height for freestanding small WECS in AR Districts
shall not exceed 100 feet; the total height for freestanding small
WECS in the CC, MU and MED Districts shall not exceed 35 feet.
(b)
Building-mounted small WECS shall not be installed to a total
height which exceeds the building height limitations for the given
district.
(3)
Towers.
(a)
Freestanding wind turbines may only be attached to specifically
designed and manufactured towers.
(b)
The applicant shall provide evidence that the proposed tower
height does not exceed the height recommended by the manufacturer
of the wind turbine.
(c)
Anchor points for any guy wires for a system tower shall be
located within the property or easements that the system is located
on and not on or across any aboveground electric transmission or distribution
lines. The point of attachment for the guy wires shall be sheathed
in bright orange or yellow covering from three feet to eight feet
above the ground.
(4)
Sound level. A small WECS shall be designed, installed, and
operated so that noise generated by the system shall not exceed ambient
(L90 measured with the turbine in operative)
plus five decibels (dBA), as measured at the closest neighboring property
line.
(5)
Safety.
(a)
To prevent harmful wind turbulence on existing structures, the
minimum height of the lowest part of any horizontal axis wind turbine
blade shall be at least 30 feet above the highest structure or tree
within a radius of 250 feet. Modification of this standard may be
made when the applicant demonstrates that a lower height will not
jeopardize the safety of the wind turbine structure.
(b)
All small WECS shall be equipped with manual and automatic over-speed
controls. The conformance of rotor and over-speed control design and
fabrication with good engineering practices shall be certified by
the manufacturer.
(d)
At least one sign shall be posted on the tower at a height of
five feet warning of electrical shock or high voltage and harm from
rotating machinery. No brand names, logo or advertising shall be placed
or painted on the tower, rotor, generator or tail vane where it would
be visible from the ground, except that a system or tower's manufacturer's
logo may be displayed in an unobtrusive manner on a system generator
housing.
(e)
Any small WECS found to be unsafe by the local Zoning Enforcement
Officer shall be repaired by the owner to meet federal, state and
local safety standards or shall be removed within three months.
(f)
The system shall be operated such that no disruptive electromagnetic
interference is caused. If it has been demonstrated that a system
is causing harmful interference, the system operator shall promptly
mitigate the harmful interference or cease operation of the system.
(g)
The system shall be operated such that no damage is caused by
stray voltage. If it has been demonstrated that a system is causing
stray voltage, the system operator shall promptly mitigate the damage
or cease operation of the system.
(6)
Shadowing/flicker. Small WECS shall be sited in a manner that
does not result in shadowing or flicker impacts in excess of one hour
per day. The applicant has the burden of proving that this effect
does not have a significant adverse impact on neighboring or adjacent
uses, either through siting or mitigation.
(8)
Code compliance. The small WECS shall comply with all applicable
sections of the New York State Building Code and National Electric
Code.
(9)
Agriculture and Markets compliance. The New York State Department
of Agriculture and Markets guidelines for agricultural mitigation
for WECS projects shall be adhered to both inside and outside of agricultural
districts. This information can be found at: www.agmkt.state.ny.us,
"Construction Projects Affecting Farmland."
(10)
Aviation compliance. The small WECS shall be built to comply
with all applicable Federal Aviation Administration guidelines, including
but not limited to 14 CFR Part 77, Subpart b, regarding installations
close to airports, and the New York Aviation regulations. Evidence
of compliance or nonapplicability shall be submitted with the application.
(11)
Visual impacts. It is inherent that small WECS may pose some
visual impacts due to the tower height needed to access the wind resources.
The purpose of this section is to reduce the visual impacts without
restricting the owner's access to the wind resources.
(a)
The applicant shall demonstrate through project site planning
and proposed mitigation that the small WECS's visual impacts will
be minimized for surrounding neighbors and the community. This may
include, but not be limited to, information regarding site selection,
turbine design or appearance, buffering, and screening of ground-mounted
electrical and control equipment. All electrical conduits shall be
underground.
(b)
The color of the small WECS shall either be the stock color
from the manufacturer or painted with a white or off-white nonreflective,
unobtrusive color that blends in with the surrounding environment.
(c)
A small WECS shall not be artificially lit unless such lighting
is required by the Federal Aviation Administration (FAA). If lighting
is required, the applicant shall provide a copy of the FAA determination
to establish the required markings and/or lights for the small WECS.
(12)
Utility connection. If the proposed small WECS is to be connected
to the power grid through net metering, the applicant shall provide
written evidence that the electric utility service provider that services
the proposed site has been informed of the applicant's intent to install
an intermittent customer-owned electric generator.
(13)
Access.
(a)
All ground-mounted electrical and control equipment shall be
labeled and secured to prevent unauthorized access.
(b)
All on-site electrical wires associated with the system shall
be installed underground except for tie-ins to a public utility company
and public utility company transmission poles, towers and lines. This
standard may be modified by the Planning Board if the project terrain
is determined to be unsuitable due to reasons of excessive grading,
biological impacts, or similar factors.
(c)
Existing roads shall be used to provide access to the facility
site, or, if new roads are needed, the amount of land used for new
roads shall be minimized and the new roads shall be located so as
to minimize adverse environmental impacts.
(14)
Approved wind turbines. The manufacturer and model of the wind
turbine to be used in the proposed small WECS must have been approved
by the California Energy Commission or the New York State Energy Research
and Development Authority, or a similar list approved by the State
of New York, if available.
(15)
Clearing. Clearing of natural vegetation shall be limited to
that which is necessary for the construction, operation and maintenance
of the small WECS and as otherwise prescribed by applicable laws,
regulations, and ordinances.
F.
Operations.
(1)
All small WECS shall be maintained in operational condition
at all times, subject to reasonable maintenance and repair outages.
"Operational condition" includes meeting all permit conditions.
(2)
Should a small WECS become inoperable, or should any part of
the WECS be damaged, or should a WECS violate a permit condition,
the owner or operator shall remedy the situation within 90 days after
written notice from the Zoning Enforcement Officer to cure any deficiency.
(3)
An extension of the ninety-day period may be considered, but
the total period may not exceed 180 days.
G.
Bonding requirements. Whenever any small WECS facility is constructed,
the operator of the facility shall obtain and keep in force a performance
bond payable to the Town of LeRay to cover the cost of removal of
the facility. The performance bond shall remain in force throughout
the time that the facility is located on the site. The amount of the
bond shall equal 150% of the estimated costs of removal, as determined
by the Zoning Enforcement Officer, or $1,000, whichever is greater.
H.
Abandonment.
(1)
At such time that a small WECS is scheduled to be abandoned
or discontinued, the applicant will notify the Zoning Enforcement
Officer by certified United States mail of the proposed date of abandonment
or discontinuation of operations.
(2)
Upon abandonment or discontinuation of use, the owner shall
physically remove the small WECS within 90 days from the date of abandonment
or discontinuation of use. This period may be extended at the request
of the owner and at the discretion of the Zoning Enforcement Officer.
"Physically remove" shall include but not be limited to:
(3)
In the event that an applicant fails to give such notice, the
system shall be considered abandoned or discontinued if the system
is out of service for a continuous twelve-month period. After the
12 months of inoperability, the Zoning Enforcement Officer may issue
a notice of abandonment to the owner of the small WECS. The owner
shall have the right to respond to the notice of abandonment within
30 days from notice receipt date.
(4)
The Zoning Enforcement Officer shall withdraw the notice of
abandonment and notify the owner that the notice has been withdrawn
if the owner provides reasons for the operational difficulty, provides
a reasonable timetable for corrective action, and demonstrates that
the small WECS has not been abandoned.
(5)
If the owner fails to respond to the notice of abandonment or
if after review by the Zoning Enforcement Officer it is determined
that the small WECS has been abandoned or discontinued, the owner
of the small WECS shall remove the wind turbine and tower at the owner's
sole expense within 120 days of receipt of the notice of abandonment.
(6)
If the owner fails to physically remove the small WECS after
the notice of abandonment procedure, the Town shall have the authority
to enter the subject property and physically remove the small WECS
at the owner's sole expense.
I.
Violations; prior installations.
J.
Penalties.
(1)
Any person owning, controlling or managing any building, structure
or land who shall undertake a small WECS in violation of this section
or in noncompliance with the terms and conditions of any permit issued
pursuant to this section, or any order of the Enforcement Officer,
and any person who shall assist in so doing, shall be guilty of an
offense and shall be subject to a fine of not more than $350 or to
imprisonment for a period of not more than six months, or to both
such fine and imprisonment.
(2)
Every such person shall be deemed guilty of a separate offense
for each week such violation shall continue. The Town may institute
a civil proceeding to collect civil penalties up to $350 for each
violation, and each week said violation continues shall be deemed
a separate violation.
(3)
In addition to the penalties provided above, the Town Board
may also maintain an action or proceeding in the name of the Town
in a court of competent jurisdiction to compel compliance with or
restrain by injunction the violation of this chapter. The violator
will be held responsible for all legal fees, engineering fees and
any other cost incurred by the Town in enforcing this chapter.
K.
Waiver provisions.
(1)
The Planning Board may, after a public hearing (which may be
combined with other public hearings on small WECS so long as the waiver
request is detailed in the public notice), grant a waiver from the
strict application of the provisions of this section if, in the opinion
of the Planning Board, the grant of said waiver is in the best interests
of the Town of LeRay.
(2)
The Planning Board may consider, as reasonable factors in evaluating
any waiver of the terms of this section, the impact of the waiver
on the surrounding area, including:
L.
Exemptions for recognized farm operations seeking placement of small
wind energy conversion systems within county-adopted, state-certified
agricultural districts.
(1)
Farming operations, as the same are defined by § 301,
Subdivision 11, of the New York State Agriculture and Markets Law,
are, by operation of § 305-a of said law, exempt from the
preceding subsections of this section.
(2)
The exemption is limited to said operations located within county-adopted,
state-certified agricultural districts as defined by the New York
State Agricultural and Markets Law.
(3)
The exemption shall release such recognized farm operations from the application of the following sections of § 158-129, Small wind energy conversion systems (WECS), as enacted above, to wit:
(a)
Farming operations, as defined above, are exempt from the requirement to provide an engineered sound analysis and an estimate of the costs of physical removal as required by § 158-129C(1)(h) and (j).
(b)
Farming operations, as defined above, are exempt from the requirement to provide proof of insurance as required by § 158-129C(3).
(c)
Farming operations, as defined above, are exempt from the requirements contained in § 158-129D in that such operations shall be considered a Type II action not subject to compliance with the State Environmental Quality Review (SEQR) nor subject to preparation of an environmental assessment form (EAF) according to guidelines published by the New York State Department of Agriculture. In addition, such operations shall be considered exempt from the requirement of developer agreement and public hearing as contained in the forenoted exempted sections.
(d)
Farming operations, as defined above, are exempt from the requirement regarding important bird areas contained in § 158-129E(1)(a)[7].
(e)
Farming operations, as defined above, are exempt from the requirement regarding the height requirement contained in § 158-129E(2)(b) so long as other operational standards and requirements of this section are fully met.
(f)
Farming operations, as defined above, are exempt from the environmental review aspects (sound and visual), utility access and vegetation disturbance minimization requirements contained in § 158-129E(4), (6), (11), (13) and (15) so long as other operational standards and requirements of this section are fully met.
M.
Severability. Should any provision of this section be declared by
the courts to be unconstitutional or invalid, such decision shall
not affect the validity of this section as a whole or any part thereof
other than the part so decided to be unconstitutional or invalid.
[Amended 1-14-2021 by L.L. No. 2-2021]
A.
BATTERY ENERGY STORAGE SYSTEM
(1)
(2)
(3)
BUILDING-INTEGRATED SOLAR ENERGY SYSTEM
DEDICATED-USE BUILDING
(1)
(2)
(3)
(4)
(a)
(b)
FARMLAND OF STATEWIDE IMPORTANCE
GLARE
GROUND-MOUNTED SOLAR ENERGY SYSTEM
LARGE-SCALE SOLAR ENERGY SYSTEM
MEDIUM-SCALE SOLAR ENERGY SYSTEM
NATIVE PERENNIAL VEGETATION
NET-METERING
OCCUPIED COMMUNITY BUILDING
OFF-SITE CONSUMPTION
ON-SITE CONSUMPTION
POLLINATOR
ROOF-MOUNTED SOLAR ENERGY SYSTEM
SMALL-SCALE SOLAR ENERGY SYSTEM
SOLAR ACCESS
SOLAR ENERGY EQUIPMENT
SOLAR ENERGY SYSTEM
SOLAR ENERGY SYSTEM, PASSIVE
SOLAR PANEL
STORAGE BATTERY
WATTAGE
(1)
(2)
(3)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
One or more devices, assembled together, capable of storing
energy in order to supply electrical energy at a future time, not
to include a stand-alone twelve-volt car battery or an electric motor
vehicle. A battery energy storage system is classified as a small,
medium or large battery energy storage system as follows:
Small battery energy storage systems have an aggregate energy
capacity less than or equal to 200 kWh and, if in a room or enclosed
area, consist of only a single energy storage system technology.
Medium battery energy storage systems have an aggregate energy
capacity greater than 201 kWh to 600 kWh or are comprised of more
than one storage battery technology in a room or enclosed area.
Large battery energy storage systems have an aggregate energy
capacity greater than 600 kWh or are comprised of more than one storage
battery technology in a room or enclosed area.
A combination of solar panels and solar energy equipment
integrated into any building envelope system such as vertical facades,
semitransparent skylight systems, roofing materials, or shading over
windows, excluding passive solar energy systems which produce electricity
for on-site consumption.
A building that is built for the primary intention of housing
battery energy storage system equipment, is classified as Group F-1
occupancy as defined in the International Building Code, and complies
with the following:
The building's only use is battery energy storage, energy
generation, and other electrical gridrelated operations.
No other occupancy types are permitted in the building.
Occupants in the rooms and areas containing battery energy storage
systems are limited to personnel that operate, maintain, service,
test, and repair the battery energy storage system and other energy
systems.
Administrative and support personnel are permitted in areas
within the buildings that do not contain battery energy storage systems,
provided the following:
The areas do not occupy more than 10% of the building area of
the story in which they are located.
A means of egress is provided from the administrative and support
use areas to the public way that does not require occupants to traverse
through areas containing battery energy storage systems or other energy
system equipment.
Land, designated as "Farmland of Statewide Importance" in
the U.S. Department of Agriculture Natural Resources Conservation
Service's (NRCS) Soil Survey Geographic (SSURGO) Database on
Web Soil Survey, that is of state-wide 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.
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
respects.
A solar energy system that is anchored to the ground via
a pole or other mounting system, detached from any other structure
that generates electricity for on-site or off-site consumption.
A solar energy system with system capacity greater than 100
kW AC for off-site sale or consumption.
A solar energy system with a system capacity greater than
30 KW AC and less than or equal to 100 KW AC for on-site or off-site
consumption.
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 (NYSDEC).
A billing mechanism that credits solar energy system owners
for the electricity they add to the grid. For example, if a residential
customer has a PV system on their roof, it may generate more electricity
than the home uses during daylight hours.
Any building in Occupancy Group A, B, E, I, R, as defined
in the International Building Code, including but not limited to schools,
colleges, day-care facilities, hospitals, correctional facilities,
public libraries, theaters, stadiums, apartments, hotels, and houses
of worship.
Off-site solar energy systems generate energy to be sold
to the grid commercially and used on other sites, not for use on the
site on which it is generated.
On-site solar energy systems generate energy to be used primarily
on the site on which it is generated.
Bees, birds, bats, and other insects or wildlife that pollinate
flowering plants, and includes both wild and managed insects.
A solar energy system located on the roof of any legally
permitted building or structure that produces electricity for on-site
or off-site consumption.
A solar energy system with a system capacity less than or
equal to 30 kW AC for on-site consumption and that generates no more
than 110% of the electricity consumed on the site over the previous
12 months.
Space open to the sun and clear of overhangs or shade so
as to permit the use of active and/or passive solar energy systems
on individual properties.
Electrical material, hardware, inverters, conduit, storage
devices, or other electrical and photovoltaic equipment associated
with the production of electricity.
The components and subsystems required to convert solar energy
into electric energy suitable for use. The term includes, but is not
limited to, solar panels and solar energy equipment. The area of a
solar energy system includes all the land inside the perimeter of
the solar energy system, which extends to any interconnection equipment.
A system that captures solar light or heat without transforming
it to another form of energy or transferring the energy via a heat
exchanger.
A photovoltaic device capable of collecting and converting
solar energy into electricity.
A device that stores energy and makes it available in an
electrical form.
Solar panel wattage represents a solar panel's theoretical
power production (output) under ideal sunlight and temperature conditions.
Wattage is calculated by multiplying volts x amps, where volts represents
the amount of force of the electricity and amperes (amps) refers to
the aggregate amount of energy used.
WATT1 watt is equivalent to 1 joule per second.
KILOWATT (KW)A measure of 1,000 watts of electrical power.
MEGAWATT (MW)A unit of power equal to 1,000,000 watts, or 1,000 kilowatts, especially as a measurement of the output of a power station.
LeRay (T) - Kilowatts to Megawatts Conversion Table
| ||
---|---|---|
Town Defined Solar System Size
|
Power (Kilowatts)
|
Power (Megawatts)
|
Small-scale solar energy system
|
1 kW
|
0.001 MW
|
Small-scale solar energy system
|
10 kW
|
0.01 MW
|
Small-scale solar energy system
|
30 kW
|
0.03 MW
|
Medium-scale solar energy system
|
31 kW
|
0.031 MW
|
Medium-scale solar energy system
|
100 kW
|
0.1 MW
|
Large-scale solar energy system
|
101 kW
|
0.101 MW
|
Large-scale solar energy system
|
1,000 kW
|
1 MW
|
Large-scale solar energy system
|
10,000 kW
|
10 MW
|
B.
Applicability.
(1)
The requirements of this section shall apply to all solar energy
systems and battery energy storage systems permitted, installed, or
modified in the Town of LeRay after the effective date of this section,
excluding general maintenance and repair, and excluding passive and
building-integrated solar energy systems.
(2)
Solar energy systems or battery energy storage 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 10% of the original area
of the solar energy system (exclusive of moving any fencing) shall
be subject to this section.
(4)
Modifications to, retrofits, or replacements of an existing
battery energy storage system that increase the total battery energy
storage system designated discharge duration or power rating shall
be subject to this section.
(5)
All solar energy systems and battery energy storage 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 National
Fire Protection Association (NFPA) codes and standards, the National
Electric Code (NEC), the NYS Energy Conservation Code ("Energy Code"),
and the Town of LeRay Code.
C.
General requirements.
(1)
Permits and reviews required:
System Type
|
Permit/Review Required
|
---|---|
Building-integrated solar energy system
|
Zoning permit
|
Roof-mounted solar energy system
|
Zoning permit
|
Small-scale solar energy system
|
Zoning permit
|
Small battery energy storage system
|
Zoning permit
|
Medium-scale solar energy system
|
Site plan review and zoning permit
|
Medium battery energy storage system
|
Site plan review and zoning permit
|
Large-scale solar energy system
|
Site plan review, special use permit and zoning permit
|
Large battery energy storage system
|
Site plan review, special use permit and zoning permit
|
(2)
The Planning Board is encouraged to condition its approval of
proposed development sites adjacent to Solar Energy Systems so as
to protect their access to sufficient sunlight to remain economically
feasible over time.
(3)
The Planning Board is encouraged to ensure Battery Energy Storage
System facilities meet the Town requirements to set them back from
nearby homes and occupied community buildings.
(4)
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").
(5)
All Battery Energy Storage Systems, and all other buildings
or structures that (1) contain or are otherwise associated with a
Battery Energy Storage System and (2) are subject to the Uniform Code
and/or the Energy Code shall be designed, erected, and installed in
accordance with all applicable provisions of the Uniform Code, all
applicable provisions of the Energy Code, and all applicable provisions
of the codes, regulations, and industry standards as referenced in
the Uniform Code, the Energy Code, and the Town of LeRay Code.
(6)
All solar collectors must be in compliance with the NYSDEC and
federal floodplain regulations as they pertain to waterways, water
bodies, and designated wetlands.
(7)
Glare. All solar panels shall have anti-reflective coating(s).
Where sited, any glare or heat that is perceptible beyond subject
property lines shall be prevented. Particular attention shall be paid
to orientation with regard to airport runway locations and airplane
flyover/approach patterns to minimize glare impact on airplane pilots.
D.
Building-integrated solar energy systems shall be required to obtain
a zoning permit from the Town of LeRay prior to placement and operation
of such system, and they shall also meet all other requirements pertaining
to primary and accessory structures.
E.
Permitting requirements for roof-mounted solar energy systems. All
roof-mounted solar energy systems shall be permitted in all zoning
districts and shall be exempt from site plan review, special use permits
under the local zoning code or other land use regulation, subject
to a zoning permit issued by the Town, as well as the following conditions
for each type of solar energy system:
(1)
Roof-mounted solar energy systems shall incorporate, when feasible,
the following design requirements:
(a)
Solar panels on pitched roofs shall be mounted with a maximum
distance of 18 inches between the roof surface the highest edge of
the system.
(b)
Solar panels on pitched roofs shall be installed parallel to
the roof surface on which they are mounted or attached.
(c)
Solar panels on pitched roofs shall not extend higher than the
highest point of the roof surface on which they are mounted or attached.
(d)
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.
(2)
Glare. All solar panels shall have anti-reflective coating(s).
Particular attention shall be paid to orientation with regard to airport
runway locations and airplane flyover/approach patterns to minimize
glare impact on airplane pilots.
(3)
Height. All roof-mounted Solar Energy Systems shall be subject
to the maximum height regulations specified within the underlying
zoning district.
F.
Permitting requirements for small-scale ground-mounted solar energy
systems. All small-scale ground-mounted solar energy systems shall
be permitted in all zoning districts with a zoning permit, subject
to the following conditions:
(1)
Setbacks. Small-scale ground-mounted solar energy systems shall
be subject to the setback regulations specified for structures within
the underlying zoning district. In residential districts, all small-scale
ground-mounted solar energy systems shall be installed in side or
rear yards with a minimum twenty-foot setback. Waterfront parcels
are considered to have two front yards, and therefore regulations
are to follow the setback stated for front yards in both setbacks.
(2)
Height. Small-scale ground-mounted solar energy systems shall
be subject to a fifteen-foot height limit.
(3)
Screening and visibility.
(a)
All small-scale ground-mounted solar energy systems shall have
views minimized from adjacent properties to the extent deemed appropriate
by the Zoning Officer.
(b)
Small-scale solar energy equipment shall be located in a manner
to reasonably avoid and/or minimize blockage of views from surrounding
properties and shading of adjacent property to the north, while still
providing adequate solar access.
(4)
Lot size. Small-scale on-site ground-mounted solar energy systems
shall comply with the existing lot size requirement within the underlying
zoning district.
G.
Permitting requirements for medium-scale ground-mounted solar energy
systems. All medium-scale ground-mounted solar energy systems shall
be permitted in all zoning districts with a site plan review and zoning
permit, subject to the following conditions:
(1)
Setbacks. Medium-scale ground-mounted solar energy systems shall
be subject to the setback regulations specified for structures within
the underlying zoning district. In residential districts, all medium-scale
ground-mounted solar energy systems shall be installed in side or
rear yards with a minimum twenty-foot setback. Waterfront parcels
are considered to have two front yards, and therefore regulations
are to follow the setback stated for front yards in both setbacks.
(2)
Height. Medium-scale ground-mounted solar energy systems shall
be subject to a fifteen-foot height limit.
(3)
Screening and visibility.
(a)
All medium-scale ground-mounted solar energy systems shall have
views minimized from adjacent properties to the extent deemed appropriate
by the Planning Board.
(b)
Medium-scale solar energy equipment shall be located in a manner
to reasonably avoid and/or minimize blockage of views from surrounding
properties and shading of adjacent property to the north, while still
providing adequate solar access.
(4)
Lot size. Medium-scale on-site ground-mounted solar energy systems
shall comply with the existing lot size requirement within the underlying
zoning district.
H.
Permitting requirements for small-scale solar energy and small-scale
battery energy storage systems. All small-scale solar energy and small-scale
battery energy storage systems shall be permitted in all zoning districts,
subject to the Uniform Code and a zoning permit, and exempt from site
plan review.
I.
Permitting requirements for medium-scale solar energy and medium-scale
battery energy storage systems. All medium-scale solar energy and
medium-scale battery energy storage systems shall be permitted within
allowable zoning districts, subject to the Uniform Code, a zoning
permit, and a site plan review.
J.
Permitting requirements for large-scale solar energy and large-scale
battery energy storage systems. All large-scale solar energy systems
and large-scale battery energy storage systems are permitted through
the issuance of a site plan review and special use permit within all
zoning districts, and subject to the following application requirements:
(1)
Site plan application. For any solar energy or Battery Energy
Storage System requiring a special use permit, a site plan review
shall be required. Any site plan application shall include the following
information:
(a)
Property lines and physical features, including roads, 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 three-line electrical diagram detailing the solar energy system
layout or battery energy storage system, solar collector installation,
associated components, and electrical interconnection methods, with
all National Electrical Code compliant disconnects and overcurrent
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 completion of the project.
(e)
Name, address, and contact information of proposed or potential
system installer and the owner and/or operator of the solar energy
system or batter energy storage system. Such information of the final
system installer shall be submitted prior to the issuance of a building
permit.
(f)
Property operation and maintenance plan. Such plan shall describe
continuing photovoltaic maintenance and property upkeep, such as mowing,
trimming, snow plowing, snow storage, and snow removal.
(g)
With an acre or more of proposed soil disturbance, erosion and
sediment control and stormwater management plans prepared to the NYSDEC
standards will be required.
(h)
If the property of the proposed project is to be leased, legal
consent between all parties, specifying the use(s) of land for the
duration of the project, including easements and other legally binding
agreements, shall be submitted as part of application.
(i)
Vegetation and tree-cutting. Areas within 10 feet on each side
of large-scale battery energy storage systems shall be cleared of
combustible vegetation and other combustible growth. Specimens of
trees, shrubbery, or cultivated ground cover such as green grass,
ivy, succulents, or similar plants used as ground cover shall be permitted
to be exempt, provided they do not form a means of readily transmitting
fire. Removal of trees should be minimized to the extent possible.
(j)
Noise. The one-hour average noise generated from the battery
energy storage systems, components, and associated ancillary equipment
shall not exceed a noise level of 60 dBA as measured at the outside
wall of any non-participating residence or occupied community building.
Applicants may submit equipment and component manufacturers'
noise ratings to demonstrate compliance. The applicant may be required
to provide operating sound pressure level measurements from a reasonable
number of sampled locations at the perimeter of the battery energy
storage system to demonstrate compliance with this standard.
(k)
Fire safety compliance plan. Such plan shall document and verify
that the system and its associated controls and safety systems are
in compliance with the Uniform Code.
(l)
Emergency operations plan. A copy of the approved emergency
operations plan shall be given to the system owner, the local fire
department, and the local fire code official. A permanent copy shall
also be placed in an approved location to be accessible to facility
personnel, fire code officials, and emergency responders. The emergency
operations plan shall include the following information:
[1]
Procedures for safe shutdown, de-energizing, or isolation of
equipment and systems under emergency conditions to reduce the risk
of fire, electric shock, and personal injuries, and for safe start-up
following cessation of emergency conditions.
[2]
Procedures for inspection and testing of associated alarms,
interlocks, and controls.
[3]
Procedures to be followed in response to notifications from
the battery energy storage management system, when provided, that
could signify potentially dangerous conditions, including shutting
down equipment, summoning service and repair personnel, and providing
agreed-upon notification to Fire Department personnel for potentially
hazardous conditions in the event of a system failure.
[4]
Emergency procedures to be followed in case of fire, explosion,
release of liquids or vapors, damage to critical moving parts, or
other potentially dangerous conditions. Procedures can include sounding
the alarm, notifying the Fire Department, evacuating personnel, de-energizing
equipment, and controlling and extinguishing the fire.
[5]
Response considerations similar to a Safety Data Sheet (SDS)
that will address response safety concerns and extinguishment when
an SDS is not required.
[6]
Procedures for dealing with battery energy storage system equipment
damaged in a fire or other emergency event, including maintaining
contact information for personnel qualified to safely remove damaged
battery energy storage system equipment from the facility.
[7]
Other procedures as determined necessary by the Zoning Officer
or Planning Board to provide for the safety of occupants, neighboring
properties, and emergency responders.
[8]
Procedures and schedules for conducting drills of these procedures
and for training local first responders on the contents of the plan
and appropriate response procedures.
(2)
Special use permit standards.
(a)
Lot size: The minimum lot size for large-scale solar energy
systems or large-scale battery energy storage systems shall meet the
lot size requirements of the underlying zoning district.
(b)
Setbacks: Large-scale solar energy systems or large-scale battery
energy storage systems shall be set back a minimum of the district
setback of primary structures, plus an additional 100 feet for the
buffer and screening areas from a public street, residential lot line
and/or across a public street from a residential lot line.
(c)
Height: The maximum height for large-scale solar energy system
or large-scale battery energy storage systems shall be 15 feet.
(d)
Lot coverage:
[1]
The following components of a large-scale solar energy system
or large-scale battery energy storage system shall be considered included
in the calculations for lot coverage requirements:
[a]
When calculating the lot coverage, the surface
area covered by the solar energy system solar panels shall be included
in the calculation of total lot coverage.
[b]
All mechanical equipment of the solar energy system
or large-scale battery energy storage system, including any pad-mounted
structure for batteries, switchboard, transformers, or storage cells.
[c]
Paved access roads servicing the solar energy system
and battery energy storage system.
[2]
Lot coverage of the solar energy system and battery energy system,
as defined above, shall not exceed 65%.
(e)
Fencing requirements: All mechanical equipment, including any
structure for battery storage batteries, shall be enclosed by a seven-foot-high
fence, as required by NEC, with a self-locking gate to prevent unauthorized
access.
(f)
Buffering, screening and visibility.
[1]
Solar energy systems and battery energy storage systems shall
have views minimized from adjacent properties to the extent reasonably
practicable, as determined by the Planning Board based on site-specific
conditions, including natural topography, adjacent structures, public
roadways, and homes across public roadways. Reasonable efforts shall
be made to minimize visual impact while preserving natural vegetation,
and providing landscaping to abutting residential properties, public
roads, and from public sites known to include important vistas or
viewsheds, but screening should minimize the shading of solar collectors
using architectural features, earth berms, landscaping, or other screening
methods that will harmonize with the character of the property and
surrounding area.
[2]
Large-scale solar energy systems and large-scale battery energy
storage systems shall be required to:
[a]
Conduct a visual assessment of the potential visual
impacts of the solar energy system or battery energy storage systems
on public roadways, adjacent properties, views from adjacent homes,
and homes across public roadways. 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 digital viewshed report and photo simulations, shall be
submitted by the applicant.
[b]
Submit a screening and landscaping plan to show
adequate measures to buffer/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, across
roadways, and adjacent properties to the extent feasible.
[i]
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.
It shall include sketches/renderings of the buffer plants along with
topography considerations indicating their effectiveness in providing
screening and minimizing visual and aesthetic impacts.
[ii]
The landscaped screening shall provide screening
and buffering to limit project visibility with a mixture of native
vegetation, including evergreen and deciduous trees and shrubs, along
with other approved methods. At the reasonable discretion of the Planning
Board, vegetation must be planted within a buffer area placed within
the additional one-hundred-foot setback from the minimum setback along
the parcel lines abutting a residential property line, public roadway,
or area across a public roadway to a residential home. Existing vegetation
may be used to satisfy a portion of the required landscaped screening.
[iii]
The Planning Board shall have the authority to
set minimum height limits of plants at time of planting, placement
of vegetation within the buffer area, and adequacy of screening to
protect nearby homes and public roadways.
[iv]
Buffers/Screening/Vegetation shall be maintained
for the life of the project.
(g)
Agricultural resources: For projects located on agricultural
lands:
[1]
Any large-scale solar energy system or large-scale battery energy
storage systems located on the areas that consist of farmland of statewide
importance shall not exceed 50% of the area of farmland of statewide
importance on the parcel. Also, large-scale solar energy systems or
large-scale battery energy storage systems on farmland of statewide
importance shall be required to seed 20% of the total surface area
of all solar panels on the lot with native perennial vegetation designed
to attract pollinators.
[2]
To the maximum extent practicable, large-scale solar energy
systems or large-scale battery energy storage systems located on farmland
of statewide importance shall be constructed in accordance with the
construction requirements of the New York State Department of Agriculture
and Markets.
[3]
Large-scale solar energy system or large-scale battery energy
storage 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.
[4]
Buffers/Screening/Vegetation shall be maintained for the life
of the project.
(h)
Fort drum: The applicant shall notify Fort Drum personnel in
the Plans, Analysis, and Integration Office upon application submission
to determine potential impacts on Fort Drum airfield and training
operations. The applicant shall provide a letter of response from
Fort Drum.
(i)
Watertown International Airport or any private airfield: The
applicant shall notify the Airport Manager upon application submission
to determine potential impacts on the airport. The applicant shall
provide a letter of response from the Airport Manager.
(3)
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,
including without limitation any poles, with new easements and right-of-way.
(4)
Vehicular paths: Vehicular paths within the site shall be a
minimum of 20 feet in width and designed to minimize the extent of
impervious materials and soil compaction.
(5)
Signage.
(a)
No signage or graphic content shall be displayed on the solar
energy systems or battery energy storage systems, except the manufacturer's
name, equipment specification information, safety information, and
twenty-four-hour emergency contact information. Said information shall
be depicted within an area no more than 32 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.
(6)
Glare: Solar panels shall be placed and arranged such that reflected
solar radiation or glare shall not be directed onto adjacent buildings,
properties, or roadways. Exterior surfaces of all collectors and related
equipment shall have a nonreflective finish. Particular attention
shall be paid to panel orientation with regard to airport runway locations,
airplane flyover/approach patterns, and emergency helicopter landing
areas to minimize potential glare impacts on pilots. A glare hazard
analysis report shall be completed to gauge potential impacts on aircraft
pilots (where airplane flyover, approach, and takeoffs occur) and
for nearby drivers along public roads.
(7)
Lighting: Lighting of the solar energy systems or battery energy
storage systems shall be limited to that minimally required for safety
and operational purposes and shall be reasonably shielded and downcast
from abutting properties.
(8)
Tree cutting: Removal of existing trees larger than six inches
in diameter should be minimized to the extent possible, except to
ensure safety and adequate solar exposure to panels. Due to potential
endangered species impacts, tree cutting should incorporate consultation
and approval from United States Fish and Wildlife Service and NYSDEC,
if applicable.
(9)
Decommissioning:
(a)
Solar energy systems or battery energy storage systems that have been abandoned and/or have not been producing electricity for a period of one year shall be removed at the owner's and/or operator's expense, which at the owner's option may come from any security made with the Town as set forth in Subsection J(9)(c) herein.
(b)
A decommissioning plan (see Appendix) signed by the owner and/or
operator of the solar energy system or battery energy storage system
shall be submitted by the applicant, addressing the following:
[1]
The cost of removing the solar energy system or battery energy
storage system.
[2]
The time required to decommission and remove the solar energy
system or battery energy storage 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 or battery
energy storage system.
[4]
The site shall be restored to its original native state and/or
use.
(c)
Security:
[1]
The deposit, executions, or filing with the Town Clerk of cash,
bond, or other form of security reasonably acceptable to the Town
Attorney and/or Engineer shall be in an amount sufficient to ensure
the good-faith performance of the terms and conditions of the permit
issued pursuant hereto and to provide for the removal and restoration
of the site subsequent to removal. The amount of the bond or security
shall be 125% of the cost of removal of the large-scale solar energy
system or large-scale battery energy storage system and restoration
of the property, with an escalator of 2% annually for the life of
the solar energy system or battery energy storage system.
[2]
In the event of default upon performance of such conditions,
after proper notice and expiration of any cure periods, the cash deposit,
bond, or security shall be forfeited to the Town, which shall be entitled
to maintain an action thereon. The cash deposit, bond, or security
shall remain in full force and effect until restoration of the property
as set forth in the decommissioning plan is completed.
(10)
Ownership changes: If the owner or operator of the solar energy
system or battery energy storage 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. A new owner or operator of the solar energy system or battery
energy storage system shall notify the Zoning Enforcement Officer
of such change in ownership or operator within 30 days of the ownership
change.
K.
Safety.
(1)
Solar energy systems, solar energy equipment, battery energy
storage systems and battery energy equipment shall be certified under
the applicable electrical and/or building codes, as required.
(2)
Solar energy systems and battery energy storage systems shall
be maintained in good working order and in accordance with industry
standards. Site access shall be maintained, including snow removal,
at a level acceptable to the local fire department and, if the large-scale
solar energy system is located in an ambulance district, the local
ambulance corps.
(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 Town and any
applicable federal, state, or county laws or regulations. On-going
training shall be provided to the local fire department regarding
proper safe techniques to fight potential fires caused by battery
storage incident or malfunction.
L.
Permit time frame and abandonment.
(1)
Special use permit or site plan approval for a solar energy
system or battery energy storage system shall be valid for a period
of 12 months, provided that construction is commenced. 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 approval, the applicant or the Town
may extend the time to complete construction for 180 days. If the
owner and/or operator fails to perform substantial construction after
18 months, the approvals shall expire.
(2)
Upon cessation of electricity generation of a solar energy system
on a continuous basis for 12 months, the Town may notify and instruct
the owner and/or operator of the solar energy system to implement
the decommissioning plan. The decommissioning plan must be completed
within 180 days of notification.
(3)
If the owner and/or operator fails to comply with decommissioning
upon any abandonment, the Town may, at its discretion, utilize the
bond and/or security for the removal of the solar energy system and
restoration of the site in accordance with the decommissioning plan.
M.
Road maintenance agreement. For all large-scale solar and battery
energy storage systems, a road maintenance agreement will be required
to be completed in consultation with the Town Highway Superintendent
and the Town Engineer for the Town roads where the solar equipment,
battery energy storage equipment, or construction materials using
heavy vehicles will be transported during project construction.
N.
Enforcement. Any violation of this solar energy law shall be subject
to the same enforcement requirements, including the civil and criminal
penalties, provided for in the zoning or land use regulations of Town.