[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:
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.
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.
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.
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]
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]
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.
Electrical energy storage devices, material, hardware, inverters
or other electrical equipment and conduit of photovoltaic devices
associated with the production of electrical energy.
An electrical generating system composed of a combination
of both solar panels and solar energy equipment.
A photovoltaic device capable of collecting and converting
solar energy into electrical energy.
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.
