[Added 2-7-2017 by L.L. No. 1-2017]
The purpose of this article shall be to adopt statutory requirements to advance and protect the public health, safety and welfare of citizens of the Town of Thompson, New York; to take advantage of safe, abundant, renewable and nonpolluting energy resources; to decrease the cost of energy to the owners of commercial and residential properties; and to increase employment and business development in the region by furthering the installation of solar energy systems.
This article is enacted pursuant to Town Law §§ 261 through 263 and § 10 of the Municipal Home Rule Law to adopt zoning provisions that advance and protect the health, safety and welfare of the community and to make provision for, so far as conditions may permit, the accommodation of solar energy systems and equipment and access to sunlight necessary therefor.
As used in this article, the following terms shall have the meanings indicated:
ACCESSORY STRUCTURE
A structure, the use of which is customarily incidental and subordinate to that of the principal building and is attached thereto or is located on the same lot or premises as the principal building.
BUILDING-INTEGRATED PHOTOVOLTAIC SYSTEM
A combination of photovoltaic building components integrated into any building envelope system such as vertical facades, including glass and other facade material, semitransparent skylight systems, roofing materials and shading over windows.
GROUND-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system which is anchored to the ground and attached to a pole or other mounting system, detached from any other structure, for the primary purpose of producing electricity for on-site or off-site consumption that utilizes net metering and/or net billing.
LARGE-SCALE SOLAR ENERGY SYSTEM
A solar energy system which is ground-mounted and produces a rated power of more than 25 kilowatts (kW) or greater per hour of energy for the purpose of producing electricity for on-site and off-site sale or consumption.
[Amended 10-19-2021 by L.L. No. 10-2021]
SMALL-SCALE SOLAR ROOF-MOUNTED SOLAR ENERGY SYSTEM
A solar panel system located on the roof of any legally permitted building or structure for the purpose of producing electricity for on-site or off-site consumption which produces a rated power of 25 or less kilowatts (kW) per hour of energy or solar thermal systems.
[Amended 10-19-2021 by L.L. No. 10-2021]
SOLAR ENERGY COLLECTOR
A solar photovoltaic cell, panel, array, solar hot air or water collector device which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat.
SOLAR ENERGY EQUIPMENT
Electrical energy storage devices, material, hardware, inverters or other electrical equipment and conduit of photovoltaic devices associated with the production of electrical energy.
SOLAR ENERGY SYSTEM
An electrical generating system composed of a combination of both solar panels and solar energy equipment.
SOLAR PANEL
A photovoltaic device capable of collecting and converting solar energy into electrical energy.
SOLAR-THERMAL SYSTEM
Solar thermal systems which directly heat water or other liquid using sunlight. The heated liquid is used for such purposes as space heating and cooling, domestic hot water and heating pool water. The second sentence is not a definition but an example of use.
A. 
The requirements of this article shall apply to all solar energy systems installed or modified after its effective date.
B. 
Solar energy collectors shall be permitted only 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 collective solar installations or the sale of excess power through a net billing or net-metering arrangement in accordance with New York Public Service Law § 66-j or similar state or federal statute.
C. 
All solar energy systems shall be designed, erected and installed in accordance with all applicable federal, state and local laws, regulations and standards.
A. 
Building permits shall be required in all zoning districts for installation of all solar energy collectors, stationary or tracking, for rooftop building-mounted, ground or pole-mounted, large-scale standing solar collectors; and building-integrated photovoltaic systems. A plaque identifying the property as containing a solar energy system shall be prominently displayed on the property.
B. 
Small-scale systems shall comply with or meet the requirements of the New York Unified Solar Permit.
C. 
A building permit may be waived by the Code Enforcement Officer for portable solar energy collectors which are not permanently installed.
A. 
Roof-mounted solar energy systems.
(1) 
Roof-mounted solar energy systems which use the electricity on site or off site are permitted as an accessory use in all zoning districts when attached to any lawfully permitted building or structure.
(2) 
Height. Solar energy systems shall not exceed the maximum height restrictions of the zoning district within which they are located and are provided the same height exemptions granted to building-mounted mechanical devices or equipment and shall not extend greater than 10 feet above the building or roof on which they are mounted.
(3) 
Aesthetics. Roof-mounted systems are to be mounted parallel to the roof's surface or tilted with no more than an eighteen-inch gap between the module frame and the roof surface.
(4) 
Roof-mounted solar energy systems under 25 kW shall be exempt from site plan review.
[Amended 10-19-2021 by L.L. No. 10-2021]
(5) 
The applicant shall file a New York State Unified Solar Permit (USP) application and pay all fees to obtain a building permit.
B. 
Ground-mounted solar energy systems.
(1) 
Ground- or pole-mounted solar energy systems which use the electricity on site are permitted as accessory structures in the SR, RR-1, RR-2, HC-1 and HC-2 Zoning District(s).
(2) 
Height and setback. Ground- or pole-mounted solar energy systems shall not exceed 16 feet in height when oriented at maximum tilt, and adhere to the setback requirements in § 250-92C(1) of this article.
(3) 
Lot coverage. Systems are limited to 1,000 square feet. The surface area covered by ground- or pole-mounted solar energy systems shall be included in total lot coverage.
(4) 
All systems in residential districts shall be located in the side or rear yard only.
(5) 
Ground- or pole-mounted solar energy systems that use the electricity primarily for use off site shall be required to obtain a site plan approval required under the local zoning or other land use local laws.
A. 
Large-scale solar energy systems are permitted through the issuance of a special use permit within SR, RR-1, RR-2, HC-1, HC-2 and CI Zoning Districts and are subject to the requirements set forth in this section, including but not necessarily limited to site plan approval. Applications for the installation of a large-scale solar energy system shall be reviewed by the Town of Thompson Planning Board, which review may include approval, approval on conditions or denial.
B. 
Special use permit applications requirements.
(1) 
If the property of the proposed project is to be leased, a copy of the lease and, if applicable, other documents relating to legal consents between the parties specifying the use or uses of the land for the duration of the project, easements and any other relevant agreements shall be submitted.
(2) 
Blueprints showing the layout of the solar energy systems signed by a professional licensed engineer, licensed land surveyor or registered architect shall be required.
(3) 
The equipment specification sheets shall be documented and submitted for all solar energy systems, significant components, mounting systems and inverters which are to be installed.
(4) 
Property operation and maintenance plan. Such plan shall describe continuing solar energy system maintenance and property upkeep such as mowing and trimming.
(5) 
Decommissioning plan. To ensure the proper removal of large-scale solar energy systems, a decommissioning plan shall be submitted as part of the application. Compliance with this plan shall be made a condition of the issuance of a special use permit under this section. The decommissioning plan must specify that after the large-scale solar energy system can no longer be used or is abandoned as defined in § 250-94, it shall be removed by the applicant or any subsequent owner. The decommissioning plan shall demonstrate how the removal of all infrastructure and the remediation of soil and vegetation shall be conducted to return the property to its original state prior to construction with photographs of the property prior to construction. The plan shall also include an expected time line for execution. A cost estimate detailing the projected cost of executing the decommissioning plan shall be prepared by a professional engineer or contractor. Cost estimations shall take into account inflation. Removal of large-scale solar energy systems must be completed in accordance with the decommissioning plan. If the large-scale solar energy system is not decommissioned after it can no longer be used or is considered abandoned, the Town of Thompson may remove the system and restore the property and impose a lien on the property to cover these costs to the Town of Thompson, pursuant to §§ 250-95 and 250-96.
C. 
Any application under this section shall meet any substantive provisions contained in the local site plan requirements in this chapter that, in the judgment of the Town of Thompson Planning Board, are applicable to the solar energy system being proposed. The additional following requirements are applicable.
(1) 
Height and setback. Large-scale solar energy systems shall not exceed 16 feet in height when oriented at maximum tilt, and minimum setback requirements shall be the following for all zoning districts: front yard: 100 feet from property line, but no less than 125 feet from center line of any road fronting the parcel; rear yard; 50 feet; side yard: 50 feet one side yard, 100 feet both side yards.
(2) 
Lot size. Large-scale solar energy systems shall be located on lots with a minimum lot size of 10 acres.
(3) 
Lot coverage. A large-scale solar energy system which is ground-mounted shall not exceed 80% of the lot where it is installed. The surface area covered by solar panels shall be included in total lot coverage.
(4) 
All large-scale solar energy systems shall be enclosed by fencing to prevent unauthorized access. Warning signs with the owner's contact information shall be placed on the entrance and perimeter of the fencing. The type of fencing shall be determined by the Town of Thompson Planning Board.
(5) 
The large-scale solar mounting energy system may, in the discretion of the Town of Thompson Planning Board, be further screened by landscaping or other material as needed for protection and visual effect.
(6) 
The Town of Thompson Planning Board may impose conditions on its approval of any special use permit under this section in order to enforce the standards referred to in this section or in order to discharge its obligations under the State Environmental Quality Review Act (SEQRA).[1]
[1]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
(7) 
A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.
(8) 
Solar modular panels shall not contain hazardous materials or shall be designed in such fashion that any such materials shall be confined and protected from the possibility of any spills in the event of panel damage from normal wear and tear due to weather.
(9) 
There shall be no signs except announcement signs, such as "no trespassing" signs or signs required to warn of danger. A sign shall be placed at any entrance to the facility that identifies the owner and operator with an emergency telephone number where the owner/operator can be reached on a twenty-four-hour basis.
(10) 
The large-scale solar energy system owner or operator shall provide a copy of the project summary, electrical schematic and site plan to the local Fire Department. Upon request, the owner or operator shall cooperate with local emergency services in developing an emergency response plan.
A. 
Any connection to the public utility grid must be inspected by the appropriate public utility body.
B. 
Solar energy systems shall be maintained in good working order.
C. 
Rooftop- and building-mounted solar energy collectors shall meet the New York State Uniform Fire Prevention and Building Code standard.
D. 
If solar storage batteries are included as part of the solar energy system, they must be placed in a secure container or enclosure meeting the requirements of the New York State Building Code when in use and, when no longer used, shall be disposed of in accordance with the laws and regulations of the Town of Thompson and/or other applicable New York State and federal laws and regulations.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Solar energy systems are considered abandoned after 180 days without electrical energy generation and must be removed from the property. Applications for extensions shall be reviewed by the Town of Thompson Planning Board, which board shall have the right, but not the obligation, to grant extensions. Extensions may be conditional and/or impose restrictions upon the applicant. Applications for extension shall require a fee of $250 or such other amount as may be established.
In the event of the refusal or neglect of the owner of a large-scale solar energy system to comply with the removal process pursuant to the accepted decommissioning plan, the Town of Thompson shall provide written notice to the landowner of the violation of the decommissioning plan, and if no action is taken to remove the abandoned large-scale solar energy system, the Town Board shall provide for the demolition and removal of the solar energy system pursuant to the decommissioning plan by Town employees or by contract. Any contract for the demolition and removal of the solar energy system in excess of $5,000 shall be awarded through competitive bidding.
All expenses incurred by the Town in connection with the proceedings to demolish, remove and comply with the decommissioning plan for the abandonment of a large-scale solar energy system, including any legal, engineering and the actual removal of such solar energy system, shall be assessed against the land on which such large-scale solar energy system is located and shall be levied and collected in the same manner as provided in Article 15 of the Town Law for the levy and collection of a special ad valorem levy.
A. 
Any person who violates any provision of this article shall be guilty of a violation as defined in Article 10 of the New York State Penal Law and shall, upon conviction, be subject to a fine of not more than $250 or to imprisonment for not more than 15 days, or both such fine and imprisonment. Each week's violation shall constitute a separate and distinct offense, and after two offenses, the fine shall be raised to no more than $500.
B. 
Compliance with this article may also be compelled and violations restrained by order or by injunction of a court of competent jurisdiction.