This solar energy article is adopted pursuant to §§ 261
through 265 of the New York State Town Law of the State of New York,
which authorize the Town to adopt zoning provisions that advance and
protect the health, safety and welfare of the community, and, in accordance
with the Town Law of New York State, "to make provision for, so far
as conditions may permit, the accommodation of solar energy systems
and equipment and access to sunlight necessary therefor."
As used in this article, the following terms shall have the
meanings indicated:
BUILDING-INTEGRATED SOLAR ENERGY SYSTEM
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, which produces electricity for on-site consumption.
FARMLAND OF STATEWIDE IMPORTANCE
Land, designated as "farmland of statewide importance" in
the U.S. Department of Agriculture Natural Resources Conservation
Service (NRCS)'s Soil Survey Geographic (SSURGO) Database on
Web Soil Survey, that is of statewide importance for the production
of food, feed, fiber, forage, and oilseed crops as determined by the
appropriate state agency or agencies. Farmland of statewide importance
may include tracts of land that have been designated for agriculture
by state law.
GLARE
The effect by reflections of light with intensity sufficient
as determined in a commercially reasonable manner to cause annoyance,
discomfort, or loss in visual performance and visibility in any material
respects.
GROUND-MOUNTED SOLAR ENERGY SYSTEM
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.
NATIVE PERENNIAL VEGETATION
Native wildflowers, forbs, and grasses that serve as habitat,
forage, and migratory way stations for pollinators and shall not include
any prohibited or regulated invasive species as determined by the
New York State Department of Environmental Conservation.
POLLINATOR
Bees, birds, bats, and other insects or wildlife that pollinate
flowering plants, and includes both wild and managed insects.
PRIME FARMLAND
Land, designated as "prime farmland" in the U.S. Department
of Agriculture Natural Resources Conservation Service (NRCS)'s
Soil Survey Geographic (SSURGO) Database on Web Soil Survey, that
has the best combination of physical and chemical characteristics
for producing food, feed, forage, fiber, and oilseed crops and is
also available for these land uses.
ROOF-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system located on the roof of any legally
permitted building or structure that produces electricity for on-site
or off-site consumption.
SOLAR ACCESS
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.
SOLAR ENERGY EQUIPMENT
Electrical material, hardware, inverters, conduit, storage
devices, or other electrical and photovoltaic equipment associated
with the production of electricity.
SOLAR ENERGY SYSTEM
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 solar energy system is classified as a Tier 1, Tier 2, or Tier 3
solar energy system as follows:
A.
Tier 1 solar energy systems include the following:
(1)
Roof-mounted solar energy systems.
(2)
Building-integrated solar energy systems.
B.
Tier 2 solar energy systems include ground-mounted solar energy
systems with system capacity up to 25 kW AC and that generate no more
than 110% of the electricity consumed on the site over the previous
12 months.
C.
Tier 3 solar energy systems are systems that are not included
in the list for Tier 1 and Tier 2 solar energy systems.
SOLAR PANEL
A photovoltaic device capable of collecting and converting
solar energy into electricity.
STORAGE BATTERY
A device that stores energy and makes it available in an
electrical form.
Tier 1 solar energy systems shall be permitted in all zoning
districts and shall be exempt from site plan review under the local
zoning code or other land use regulations, subject to the following
conditions for each type of solar energy systems:
A. Roof-mounted solar energy systems.
(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 antireflective coating(s).
(3) All roof-mounted solar energy systems shall be subject to the maximum
height regulations specified for principal and accessory buildings
within the underlying zoning district.
B. Building-integrated solar energy systems shall be shown on the plans
submitted for the building permit application for the building containing
the system.
All Tier 2 solar energy systems shall be permitted in all zoning
districts as accessory structures and shall be exempt from site plan
review under the local zoning code or other land use regulations,
subject to the following conditions:
A. Glare: All solar panels shall have antireflective coating(s).
B. Setbacks: Tier 2 solar energy systems shall be subject to the setback
regulations specified for the accessory structures within the underlying
zoning district. All ground-mounted solar energy systems shall only
be installed in the side or rear yards.
C. Height: Tier 2 ground-mounted solar energy systems shall be no greater
than 15 feet in height.
D. Screening and visibility.
(1) All Tier 2 solar energy systems shall have views minimized from adjacent
properties to the extent reasonably practicable.
(2) Solar energy equipment shall be located in a manner to reasonably
avoid and/or minimize blockage of views from surrounding properties
and shading of property to the north, while still providing adequate
solar access.
E. Lot size: Tier 2 solar energy systems shall comply with the existing
lot size requirement specified for accessory structures within the
underlying zoning district.
All Tier 3 solar energy systems are permitted through the issuance
of a special use permit within the Rural Development, Heavy Commercial
and Industrial Zoning Districts, and subject to site plan application
requirements set forth in this section.
A. Applications for the installation of Tier 3 solar energy system shall
be:
(1) Reviewed by the Code Enforcement Officer for completeness. Applicants
shall be advised within 15 business days of the completeness of their
application or any deficiencies that must be addressed prior to substantive
review.
(2) Subject to a public hearing to hear all comments for and against
the application, the Planning Board of the Town shall have a notice
printed in a newspaper of general circulation in the Town at least
five days in advance of such hearing. Applicants shall have delivered
the notice by first-class mail to adjoining landowners or landowners
within 200 feet of the property at least 10 days prior to such a hearing.
Proof of mailing shall be provided to the Planning Board at the public
hearing.
(3) Referred to the Oneida County Planning Department pursuant to General
Municipal Law § 239-m, if required.
(4) Upon closing of the public hearing, the Planning Board shall take
action on the application within 62 days of the public hearing, which
can include approval, approval with conditions, or denial. The sixty-two-day
period may be extended upon consent by both the Planning Board and
applicant.
B. 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.
C. Vehicular paths. Vehicular paths within the site shall be designed
to minimize the extent of impervious materials and soil compaction.
D. Signage.
(1) No signage or graphic content shall be displayed on the solar energy
systems except the manufacturer's name, equipment specification
information, safety information, and twenty-four-hour emergency contact
information. Said information shall be depicted within an area no
more than 10 square feet.
(2) As required by National Electrical 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.
E. Glare. All solar panels shall have anti-reflective coating(s).
F. Lighting. Lighting of the solar energy systems shall be limited to
that minimally required for safety and operational purposes and shall
be reasonably shielded and downcast from abutting properties.
G. Tree-cutting. Removal of existing trees larger than six inches in
diameter should be minimized to the extent possible.
H. Decommissioning.
(1) Solar energy systems that have been abandoned and not producing electricity for a period of one year shall be removed at the system owner's and/or operator's expense, which at the system owner's option may come from any security made with the Town as set forth in §
262-50.1B herein.
(2) A decommissioning plan (see Appendix 1) signed by the owner and/or operator of the solar energy
system shall be submitted by the applicant, addressing the following:
(a)
The cost of removing the solar energy system.
(b)
The time required to decommission and remove the solar energy
system and any ancillary structures.
(c)
The time required to repair any damage caused to the property
by the installation and removal of the solar energy system.
(3) Security.
(a)
The deposit with the Town Clerk of cash security 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 restorations of the site subsequent to removal.
The amount of the bond or security shall be 125% of the cost of removal
of the Tier 3 solar energy system and restoration of the property
with an escalator of 2% annually for the life of the solar energy
system.
(b)
In the event of default upon performance of such conditions,
after proper notice and expiration of any cure periods, the deposit
shall be forfeited to the Town, which shall be entitled to maintain
an action thereon. The cash deposit shall remain in full force and
effect until restoration of the property as set forth in the decommissioning
plan is completed.
(c)
In the event of default or abandonment of the solar energy system, the system shall be decommissioned as set forth in §
262-50.1B and
C herein.
I. Site plan application. For any solar energy system requiring a special
use permit, site plan approval shall be required. Any site plan application
shall include the following information:
(1) Property lines and physical features, including roads, for the project
site.
(2) Proposed changes to the landscape of the site, grading, vegetation
clearing and planting, exterior lighting, and screening vegetation
or structures.
(3) A one- or three-line electrical diagram detailing the solar energy
system layout, solar collector installation, associated components,
and electrical interconnection methods, with all National Electrical
Code compliant disconnects and overcurrent devices.
(4) A preliminary equipment specification sheet that documents all proposed
solar panels, significant components, mounting systems, and inverters
that are to be installed. A final equipment specification sheet shall
be submitted prior to the issuance of building permit.
(5) Name, address, and contact information of the proposed or potential
system installer and the owner and/or operator of the solar energy
system. Such information of the final system installer shall be submitted
prior to the issuance of a building permit.
(6) Name, address, phone number, and signature of the project applicant,
as well as all the property owners, demonstrating their consent to
the application and the use of the property for the solar energy system.
(7) Zoning district designation for the parcel(s) of land comprising
the project site.
(8) Property operation and maintenance plan. Such plan shall describe
continuing photovoltaic maintenance and property upkeep, such as mowing
and trimming.
(9) Erosion and sediment control and stormwater management plans prepared
to New York State Department of Environmental Conservation standards,
if applicable, and to such standards as may be established by the
Planning Board.
(10)
Prior to the issuance of the building permit or final approval
by the Planning Board, but not required as part of the application,
engineering documents must be signed and sealed by a New York State
(NYS) licensed professional engineer or NYS registered architect.
J. Special use permit standards.
(1) Lot size.
(a)
The property on which the Tier 3 solar energy system is placed
shall be at least five acres.
(2) Setbacks.
(a)
Front yard setbacks shall be a minimum of 150 feet.
(b)
Side and rear yard setbacks adjacent to roads or residences
shall also be a minimum of 150 feet.
(c)
All other setbacks shall be a minimum of 50 feet.
(3) Height.
(a)
The Tier 3 solar energy systems shall be no greater than 15
feet in height.
(4) Lot coverage.
(a)
The following components of a Tier 3 solar energy system shall
be considered included in the calculations for lot coverage requirements:
[1]
Foundation systems, typically consisting of driven piles or
monopoles or helical screws with or without small concrete collars.
[2]
All mechanical equipment of the solar energy system, including
any pad-mounted structure for batteries, switchboard, transformers,
or storage cells.
[3]
Paved access roads servicing the solar energy system.
(b)
Lot coverage of the solar energy system, as defined above, shall
not exceed 50% of the lot on which it is installed. If a landowner
owns more than one lot, lot coverage can increase to 80% of the lot
as long as the total area of coverage does not exceed 50% for all
lots owned. The surface area covered by solar panels shall be included
in total lot coverage.
(5) Fencing requirements. All mechanical equipment, including any structure
for storage batteries, shall be enclosed by a seven-foot-high fence,
as required by NEC, with a self-locking gate to prevent unauthorized
access.
(6) Screening and visibility.
(a)
Solar energy systems smaller than five acres shall have views
minimized from adjacent properties to the extent reasonably practicable
using architectural features, earth berms, landscaping, or other screening
methods that will harmonize with the character of the property and
surrounding area.
(b)
Solar energy systems larger than five acres shall be required
to:
[1]
Conduct a visual assessment of the visual impacts of the solar
energy system on public roadways and adjacent properties. At a minimum,
a line-of-sight profile analysis shall be provided. Depending upon
the scope and potential significance of the visual impacts, additional
impact analyses, including, for example, a digital viewshed report,
shall be required to submitted by the applicant.
[2]
Submit a screening and landscaping plan to show adequate measures
to screen through landscaping, grading, or other means so that views
of solar panels and solar energy equipment shall be minimized as reasonably
practical from public roadways and adjacent properties to the extent
feasible.
[a] The screening and landscaping plan shall specify
the locations, elevations, height, plant species, and/or materials
that will comprise the structures, landscaping, and/or grading used
to screen and/or mitigate any adverse aesthetic effects of the system,
following the applicable rules and standards established by the Town.
(7) Agricultural resources. For projects located on agricultural lands:
(a)
To the maximum extent practicable, Tier 3 solar energy systems
located on prime farmland shall be constructed in accordance with
the construction requirements of the New York State Department of
Agriculture and Markets.
(b)
Tier 3 solar energy systems on prime farmland or farmland of
statewide importance shall be required to seed 10% of the total surface
area of all solar panels on the lot with native perennial vegetation
designed to attract pollinators.
(c)
Tier 3 solar energy system owners shall develop, implement,
and maintain native vegetation to the extent practicable pursuant
to a vegetation management plan by providing native perennial vegetation
and 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.
K. Ownership changes. If the owner or operator of the solar energy system
changes or the owner of the property changes, the special use permit
shall remain in effect, provided that the successor owner or operator
assumes in writing all of the obligations of the special use permit,
site plan approval, and decommissioning plan. A new owner or operator
of the solar energy system shall notify the Code Enforcement Officer
of such change in ownership or operator within 30 days of the ownership
change.
Any violation of this solar energy article 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
and state.
The invalidity or unenforceability of any section, subsection,
paragraph, sentence, clause, provision, or phrase of the aforementioned
sections, as declared by the valid judgment of any court of competent
jurisdiction to be unconstitutional, shall not affect the validity
or enforceability of any other section, subsection, paragraph, sentence,
clause, provision, or phrase, which shall remain in full force and
effect.