[Added 7-19-2017 by L.L.
No. 3-2017]
This Zoning of Solar Energy article is adopted pursuant to §§ 261,
262 and 263 of the New York State Town Law and Municipal Home Rule
Law § 10 of the State of New York, which authorizes the
Town of Plattekill to adopt local laws and 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."[1]
[1]
Editor's Note: See Town Law § 263.
A.
This Zoning of Solar Energy article is adopted to advance and protect
the public health, safety, and welfare of the Town of Plattekill,
including:
(1)
Taking advantage of a safe, abundant, renewable, and nonpolluting
energy resource;
(2)
Decreasing the cost of energy to the owners of commercial and residential
properties, including single-family houses; and
(3)
Increasing employment and business development in the region by furthering
the installation of solar energy systems.
As used in this article, the following terms shall have the
meanings indicated:
Any person, firm, partnership, association, corporation,
company or organization of any kind who or which requests an approval
or permit to construct a solar energy system.
Notwithstanding the definition of "lot coverage" (area of
use) found elsewhere in this chapter, for the purpose of this article,
lot coverage shall include the area within the parcel measured from
the outer edge(s) of the arrays, inverters, batteries, storage cells
and all other mechanical equipment used to create solar energy, exclusive
of fencing and access roadways.
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.
Solar installations owned collectively through subdivision
homeowners' associations, college student groups, "adopt-a-solar-panel"
programs, or other similar arrangements.
A solar energy system that 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.
A unit of electrical power equal to 1,000 watts, which constitutes
the basic unit of electrical demand. A watt is a metric measurement
of power (not energy) and is the rate (not the duration) at which
electricity is used. One thousand kilowatts are equal to one megawatt
(MW).
A unit of energy equivalent to one kilowatt (1 kW) of power
expended for one hour of time.
A solar energy system that is ground mounted and produces
energy primarily for the purpose of off-site use, sale or consumption.
Equal to 1,000 kilowatts; a measure of the use of electric
power.
A meter used to measure the flow of electricity from the
solar photovoltaic (PV) system to the electric utility grid for the
purpose of net metering.
A solar energy system designed to be used primarily for export
of solar energy to be used primarily by parcels other than the parcel
it is located on.
A solar energy system designed to be used primarily by the
building and/or parcel on which it is located.
Any person, firm, partnership, association, corporation,
company or organization of any kind who or which: 1) owns a solar
energy system, or 2) owns real property upon which a solar energy
system is constructed or proposed.
A person who has skills and knowledge related to the construction
and operation of solar electric equipment and installations and has
received safety training on the hazards involved. Persons who are
on the list of eligible photovoltaic installers maintained by the
New York State Energy Research and Development Authority (NYSERDA),
or who are certified as a solar installer by the North American Board
of Certified Energy Practitioners (NABCEP), shall be deemed to be
qualified solar installers for the purposes of this definition.
An arrangement with the electric utility that allows for
the kilowatt hours (kWh) generated from a solar PV system located
at a specific site to be credited towards kWh of consumption at a
different location.
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.
An easement recorded pursuant to New York State Real Property
Law § 335-b, Recording of solar energy easements.
Any number of electrically connected solar photovoltaic (PV)
panels that are connected to the same inverter.
Electrical energy storage devices, material, hardware, inverters,
or other electrical equipment and conduit of photovoltaic devices
associated with the production of electrical energy.
A solar energy collection system consisting of solar photovoltaic
cells, panels and/or arrays, and solar-related equipment, which rely
upon solar radiation as an energy source for collection, inversion,
storage and distribution of solar energy for electricity generation.
A collective solar energy system occupying less than or equal
to two acre areas of use consisting of ground-mounted solar arrays
or roof panels and associated control conversion electronics and that
will be used to produce utility power to provide energy only for the
on-site use and consumption of the specified lots associated with
a particular major or minor subdivision.
A photovoltaic device capable of collecting and converting
solar energy into electrical energy.
The angle of the solar panels and/or solar collector relative
to the latitude. True solar noon is when the sun is at its highest
during its daily east to west path across the sky.
This Solar Energy article shall apply to all land uses, structures
and subdivisions within the Town of Plattekill, as provided in this
section.
A.
New land uses or structures; changes to uses or structures. Compliance with the requirements of the development standards of § 110-10, Schedule of District Regulations, and § 110-15, Accessory structures and uses, unless otherwise specifically modified herein, and where applicable, and Article V, Nonconforming Uses and Structures, is necessary for any person or public agency to lawfully establish, construct, alter or replace any structure.
B.
Effect on existing uses and structures. An existing land use or structure is lawful only when it was legally established and is operated and maintained in compliance with the applicable provisions of the Town Zoning Code, including Article V, Nonconforming Uses and Structures.
C.
Minimum requirements. The provisions of this Solar Energy article
shall be the minimum requirements for the promotion of the health,
safety, and general welfare. When this article provides for the discretion
on the part of a Town official or body, that discretion may be exercised
to impose more stringent requirements than set forth in this article
as may be necessary to promote orderly land use development, environmental
resource protection, and other purposes of this article.
D.
Plan review. Small-scale ground-mounted solar energy systems and solar energy systems designed for subdivision use, site plan review and approval in accordance with the provisions of Article IV shall apply, and special permit review and approval shall be in accordance with the provisions in § 110-81 of this article and shall apply to solar energy systems designed for subdivision use.
E.
Other requirements may apply. The construction and operation of all
solar energy system installations shall be consistent with all applicable
local, state and federal requirements, including but not limited to
all applicable safety, construction, electrical, and communications
requirements. All buildings and fixtures forming part of a solar energy
system installation shall be constructed in accordance with the New
York State Fire Prevention and Building Code. Nothing in this Solar
Energy article eliminates the need for obtaining any permits or approvals
required by other provisions of the Plattekill Town Code, or the regulations
of any county, state or federal agency.
F.
The requirements of this article shall apply to all ground-mounted
solar energy systems installed or modified after its effective date,
excluding general maintenance and repair.
G.
Solar energy system installations for which a valid building permit
has been issued and for which installation has commenced before the
effective date of this article shall not be required to meet the requirements
of this article.
H.
Solar collectors, unless part of a large-scale solar energy system
or solar energy system designed for a subdivision use, shall be permitted
only to provide power for use by its owners, lessees, tenants, residents,
or other occupants of the premises on which they are erected, but
nothing contained in the provision shall be constructed 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 or similar state or federal statute.
A.
Roof-mounted solar energy systems (permit required).
(1)
Residential roof-mounted solar energy systems that use the electricity
on site or off site shall be exempt from site plan review under local
Zoning Code or other land use regulations, but shall still be subject
to local building codes and New York State regulations.
B.
Small-scale ground-mounted solar energy systems (permit required).
(1)
Ground-mounted solar energy systems that use electricity primarily
on site are permitted as accessory structures in all zoning districts.
(2)
Height and setback. Ground-mounted solar energy systems shall adhere
to the height and setback requirements of the underlying zoning districts.
Solar panels are restricted to a maximum height of six feet when located
closer than 15 feet from a lot line; and a height of 12 feet when
located at a distance greater than 15 feet from a lot line. All height
measurements are to be calculated when the solar energy system is
oriented at maximum vertical tilt angle.
(3)
Lot coverage. By definition, small-scale ground-mounted solar energy
systems are limited to 1,500 square feet of lot coverage or less.
The surface area covered by ground-mounted solar panels shall be included
in the total lot coverage.
(4)
A building permit is required for the installation of all solar energy
systems. Architect- or engineer-prepared drawings, both stamped and
signed, are required for all solar systems, to include structural
capacity, wind anchoring, and an elevation plan review of the installation.
(5)
Installation process.
(a)
Existing on-site vegetation designated to be utilized as screening
shall be preserved to the maximum extent possible and shall be diligently
maintained to protect its vitality. Site plans shall be developed
that provide for the preservation of natural vegetation in large unbroken
blocks that also allow contiguous open spaces to be established when
adjacent parcels are developed.
(b)
A land-grading and vegetation-clearing plan shall be prepared.
Clear-cutting of all trees in a single contiguous area shall be limited
to the area of the equipment compound plus the area of the emergency
access roadway and the area required for solar access.
(c)
Installations must be performed by a qualified solar installer,
and prior to operation, the electrical connections to the existing
electrical system must be inspected and certified by an approved electrical
inspector. In addition, any connection to the public utility grid
must be inspected by the appropriate public utility.
(d)
When solar storage batteries are included as part of the solar
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 Ulster County and other applicable laws and
regulations.
(6)
All systems in residential districts shall be installed in the side
or rear yards.
(7)
Ground-mounted solar energy systems that use the electricity primarily
on site shall be exempt from site plan review under the local Zoning
Code or other land use regulations.
(8)
All ground-mounted solar energy systems shall have protective natural
screening and/or solid panel fencing, with a minimum height of six
feet, surrounding the ground-mounted apparatus, or along neighboring
property boundaries. Any solid panel fencing cannot be translucent
in nature.
A.
Large-scale solar energy systems are permitted through the issuance
of a special use permit within the RS-1, RR-1.5, AG-1.5, GB-80, and
M-3 Zoning Districts, subject to the requirements set forth in this
section, including site plan approval. Large-scale solar energy systems
are an excluded or nonpermitted use in the HR-1, BD-40, and BD-60
Zoning Districts. Applications for the installation of a large-scale
solar energy system shall be reviewed by the Zoning Code Enforcement
Officer and referred, with comments, to the Town of Plattekill Planning
Board for its review and action, which can include approval, approval
with conditions, or denial. All special use permits shall be subject
to review by the Town of Plattekill Planning Board.
B.
Special use permit application requirements. For a special use permit
application, the site plan application is to be used as supplemented
by the following provisions:
(1)
If the property of the proposed project is to be leased, legal consent
between all parties, specifying the use(s) of the land for the duration
of the project, including easements and other agreements, shall be
submitted.
(2)
Professional drawings and or certified blueprints showing the layout
of the solar energy system signed by a licensed professional engineer
or licensed registered architect shall be required.
(3)
The equipment specification sheets shall be documented and submitted
for all photovoltaic panels, significant components, mounting systems
and inverters that are to be installed.
(4)
Property operation and maintenance plan. Such plan shall describe
continuing photovoltaic maintenance and property upkeep, such as mowing
and trimming around the ground-mounted solar energy system.
(5)
Vegetation.
(a)
Existing on-site vegetation designated to be utilized as screening
shall be preserved to the maximum extent possible and shall be diligently
maintained to protect its vitality. Site plans shall be developed
that provide for the preservation of natural vegetation in large unbroken
blocks that also allow contiguous open spaces to be established when
adjacent parcels are developed.
(b)
A land-grading and vegetation-clearing plan shall be prepared.
Clear-cutting of all trees in a single contiguous area shall be limited
to the area of the equipment compound plus the area of the emergency
access roadway and the area required for solar access.
(6)
All stormwater regulations shall be complied with. The applicant
shall comply with the State Pollution Discharge Elimination System
guidelines (SPDES). If determined to be required, a stormwater pollution
prevention plan (SWPPP) shall be prepared and a stormwater, erosion,
and slope analysis of the land shall be required to be assessed by
a New York State licensed professional engineer for the site and any
road used to access the site.
(7)
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, and has been abandoned for 12
months, it shall be removed by the applicant, owner or any subsequent
owner. The plan shall demonstrate how the removal of all infrastructure
and the remediation of soil and vegetation shall be conducted to return
the parcel to its original state prior to construction. The plan shall
also include an expected timeline for execution not to exceed six
months. A cost estimate detailing the projected cost of executing
the decommissioning plan shall be prepared by a licensed professional
engineer or licensed contractor. Cost estimates 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 being considered abandoned,
the municipality may access the property to remove the system and
restore the property to its original state, and impose a lien on the
property to cover the costs, fees and expenses incurred by the municipality
as more particularly set forth below.
(8)
Removal by Town and reimbursement of Town expenses. Any costs incurred
by the Town for decommissioning and removal that are not paid for
or covered by the property owner shall become a lien and tax upon
said property, shall be added to and become part of the taxes to be
levied and assessed thereon, and shall be enforced and collected with
interest by the same officer and in the same manner, by the same proceeding,
at the same time and under the same penalties as are provided by law
for the collection and enforcement of real property tax in the Town.
C.
Special use permit standards.
(1)
Height and setback. Large-scale solar energy systems shall adhere
to the appropriate height and setback requirements as set forth in
the applicable zoning districts. All large-scale solar energy systems
shall be no less than 50 feet off all property boundaries and have
a maximum height of 12 feet. All height measurements are to be calculated
when the solar energy system is oriented at maximum vertical tilt
angle. These height and setback requirements pertain to the following
Zoning Districts: RS-1, RR-1.5, AG-1.5, GB-80, and M-3, where such
systems are a permitted special use.
(2)
Lot size. Large-scale energy systems shall be located on lots with
a minimum lot size of one acre.
(3)
Lot coverage. A large-scale solar energy system that is ground mounted
shall not exceed 50% of the lot on which it is installed. The surface
area covered by solar panels shall be included in the total lot coverage.
(4)
All large-scale solar energy systems shall be enclosed by fencing
at least six feet in height to prevent unauthorized access. Warning
signs shall be posted in a visible area and shall be two feet by two
feet in size, and the owner's contact information shall be placed
on the entrance and perimeter of the fencing. The fencing and the
system shall be further screened by appropriate landscaping acceptable
to the Planning Board to avoid adverse aesthetic impacts.
(5)
Large-scale solar energy systems are permitted through the issuance
of a special use permit within the RS-1, RR-1.5, AG-1.5, GB-80 and
M-3 Zoning Districts, subject to the requirements set forth in this
section, including site plan approval. Large-scale solar energy systems
shall not be permitted to be constructed on areas of prime farmland
and/or soils of statewide significance as designated by the United
States Department of Agriculture.
(6)
An annual property inspection shall be required, and conducted by
the Town of Plattekill Building Inspector and/or Code Enforcement
Officer, as part of the site plan approval. A base inspection fee
of $200 shall be assessed annually for each project, in addition to
a charge of $50 per megawatt. A required annual report detailing the
monthly productivity shall be forwarded to the Plattekill Building
Inspector and/or Code Enforcement Officer detailing the monthly metering
reports. These reports should be the same documents filed with the
respective utility company.
(7)
Any application under this section shall meet any substantive provisions
contained in local site plan requirements in the Zoning Code that,
in the judgment of the Planning Board, are applicable to the system
being proposed. If none of the site plan requirements are applicable,
the Planning Board may waive the requirement for site plan review.
(8)
The 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 the section or in order to discharge its obligations under the
State Environmental Quality Review Act (SEQRA).
A.
When an application for either a minor or major subdivision is presented
to the Planning Board, which plans include incorporation of a solar
energy system as a community energy source, the following criteria
for the review and use shall be considered:
(1)
Solar energy collectors shall be permitted only to provide power
for use by the owners, lessees, tenants, residents, or other occupants
of the subdivision 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.
(2)
The solar energy system shall be located on one or more lots of the
subdivision.
(3)
All solar energy systems shall be designed, erected and installed
in accordance with all applicable codes, regulations and standards.
(4)
A homeowners' association shall be established for the operation
and maintenance of the solar energy system.
B.
Permitted locations.
(1)
Solar energy systems designed for subdivision use shall be permitted
in all zoning districts with site plan review and approval from the
Planning Board pursuant to the provisions of the Code of the Town
of Plattekill issued in conjunction with minor or major subdivision
review, provided that the solar energy system meets the criteria set
forth in this subsection and any other applicable provisions of this
Zoning chapter, and all other necessary approvals are obtained.
(2)
Solar energy systems designed for subdivision use shall not be permitted
in one-hundred-year flood hazard zones considered V or AE Zones on
the FEMA (Federal Emergency Management Agency) Flood Insurance Rate
Maps or within 100 feet of a New York State or federally designated
wetland.
C.
Specific site plan requirements. A solar energy system designed for
a subdivision use shall comply with all the site plan requirements
of the Code of the Town of Plattekill. Additional requirements for
the use shall include but not be limited to the following:
(1)
Maximum area: The maximum area of use for a solar energy system for
a specific subdivision use shall occupy less than two acres of land
area in use.
(2)
Height: The maximum height for freestanding solar panels located
on the ground or attached to a framework located on the ground shall
not exceed 12 feet in height above the ground when measured at maximum
vertical tilt angle.
(3)
Setbacks: The minimum setback for a solar energy system designed
for a specific subdivision use and equipment used in conjunction with
the solar energy system shall be at least 35 feet from all lot lines
of parcels associated with the subdivision and 50 feet from all perimeter
lot lines of contiguous parcels not a part of the subdivision.
(4)
A minimum twenty-five-foot perimeter buffer, which may be partially
or totally within the subdivision perimeter lot line setback, consisting
of natural and undisturbed vegetation, supplemented with evergreen
plantings in accordance with Town standards, as needed, shall be provided
around all mechanical equipment and solar panel arrays to provide
screening from adjacent properties and Town, county and state roads.
(5)
The solar energy system shall be preferably located on an interior
lot of the subdivision and placed away from contiguous residential
use. Where a solar energy system designed for a specific subdivision
use will abut other residential uses outside of the boundaries of
the subdivision, there shall be increased consideration for mitigating
visual impact to the residential use. For example, increased setbacks,
visual screening that does not impair solar access, or sound buffering
may be by the Planning Board. Planting of invasive species for screening
and buffering shall be prohibited.
(6)
Existing on-site vegetation designated to be utilized as screening
shall be preserved to the maximum extent possible and shall be diligently
maintained to protect its vitality. Site plans shall be developed
that provide for the preservation of natural vegetation in large unbroken
blocks that also allow contiguous open spaces to be established when
adjacent parcels are developed.
(7)
A land-grading and vegetation-clearing plan shall be prepared. Clear-cutting
of all trees in a single contiguous area shall be limited to the area
of the equipment compound plus the area of an emergency access roadway
and the area required for solar access.
(8)
Landscape screening shall be provided in accordance with the landscaping
provisions of this chapter. Noninvasive ground cover under and between
the rows of solar panels shall be low maintenance, drought-resistant,
and non-fertilizer-dependent.
(9)
Debris, materials and/or mulch generated by site clearing or construction
shall not be stockpiled on site.
(10)
A stormwater, erosion, and slope analysis of the land shall
be required to be assessed by a New York State licensed professional
engineer for the site and any road used to access the site. The total
area of the face of all solar panels shall be calculated and considered
impervious surface. The applicant shall comply with the State Pollutant
Discharge Elimination System (SWPPP) guidelines. A SWPPP shall be
prepared, if determined to be required, and all local stormwater regulations
shall be complied with.
(11)
Conveyance of energy to subdivision lots. The site plan shall
show the pathways of utility service lines which will be put into
place to convey energy to each lot of the subdivision. Necessary utilities
to serve the site shall preferably be underground and in compliance
with all local, state, and federal laws, rules, and regulations, including
specifically, but not limited to, the National Electrical Safety Code
and the National Electrical Code where appropriate.
(12)
Overhead lines shall follow access roads and/or existing tree
lines to minimize visual impact upon surrounding properties.
(13)
All solar energy systems shall be designed and located in order
to prevent reflective glare to the maximum extent practicable.
(14)
Signs. A sign no greater than two feet indicating the name of
the facility owner(s) and a twenty-four-hour emergency telephone number
shall be posted. In addition, a "No Trespassing" sign or other warning
signs shall be posted. All signage shall be maintained in legible
condition and contain accurate information. A clearly visible warning
sign concerning voltage shall be placed at the base of all pad-mounted
transformers and substations. No signage of any kind shall be allowed
to be attached to solar panels or support structures, except any required
safety warnings.
(15)
A solar energy system connected to the utility grid shall provide
written proof from the local utility company acknowledging the solar
energy facility will be interconnected to the utility grid.
(16)
A plan for the operation and maintenance of the solar energy
facility shall be prepared, including proposed covenants and restrictions
and a management plan for the proposed homeowners' association (HOA).
(17)
A decommissioning plan, as detailed in § 110-84 (Abandonment and decommissioning) of this article, shall be complied with for all solar energy projects within the Town. The decommissioning plan should describe the decommissioning and final land reclamation plans to be followed after the anticipated useful life, abandonment, or termination of the project, including evidence of proposed commitments with affected parties (any lessor or property owner, etc.) that ensure proper final reclamation of the solar energy project. Among other things, revegetation and potential road repair activities should be addressed in the plan. The site should be restored to as natural condition as possible within six months of the removal.
A.
Where a subdivision of land, either residential or commercial development,
involves the use of a solar energy system, solar easements may be
provided. Any such easement shall be in writing, and shall be subject
to the same conveyance and instrument recording requirements as other
easements.
B.
Any such easement shall be appurtenant, shall run with the land benefited
and burdened, and shall be defined and limited by conditions stated
in the instrument of conveyance. Instruments creating solar easements
shall include but not be limited to:
(1)
A description of the dimensions of the easements, including horizontal
and vertical angles measured in the degrees or the hours of the day,
on specified dates, during which direct sunlight to a specified surface
or structural design feature may not be obstructed.
(2)
Restrictions on the placement of vegetation, structures and other
objects which may impair or obstruct the passage of sunlight through
the easement.
(3)
Enumeration of the terms and conditions, if any, under which the
easement may be revised or terminated.
(4)
An explanation of the compensation for the owner of the real property
subject to the solar easement for maintaining the easement and for
the owner of the real property benefiting from the solar easement
in the event of interference with the easement.
A.
All solar collector installations must be performed by a qualified
solar installer.
B.
Solar energy system installation conditions. The large-scale solar
energy system installation property owner or operator shall maintain
a facility in good condition. Maintenance shall include, but not limited
to, painting, structural repairs, and integrity of security measures.
Site access shall be maintained to a level acceptable to meet and
conform to the New York State Uniform Fire Prevention and Building
Code. The owner or operator shall be responsible for the cost of maintaining
the solar energy system installation and any access road(s).
C.
Modification. All material modifications to the large-scale solar
energy system installation made after issuance of the required building
permit shall require approval by the Plattekill Planning Board through
site plan review.
D.
All solar energy systems shall be designed and located in order to
prevent reflective glare from impacting roadways and contiguous properties
to the maximum extent practicable.
E.
If solar storage batteries are included as part of the solar collection
system, they must be placed in a secure container or enclosure meeting
the requirements of applicable residential, building, fire and electric
codes when in use, and when no longer used shall be disposed of in
accordance with the laws and regulations of the Town of Plattekill
and other applicable laws and regulations.
F.
Prior to operation, electrical connections must be inspected by a
Town Code Enforcement Officer and by an electrical inspection person
or agency, as determined by the Town.
G.
Any connection to the public utility grid must be inspected by the
appropriate public utility.
H.
Solar energy systems and equipment shall be marked in order to provide
emergency responders with appropriate warning and guidance with respect
to isolating the solar electric system. Materials used for marking
shall be weather-resistant.
(1)
For residential applications, the marking may be placed within the
main service disconnect. If the main service disconnect is operable
with the service panel closed, then the marking should be placed on
the outside cover.
(2)
For nonresidential applications, the marking shall be placed adjacent
to the main service disconnect in a location clearly visible from
the location where the lever is operated.
(3)
In the event any of the standards in this Code for markings are more
stringent than applicable provisions of applicable residential, building,
fire and electric codes, they shall be deemed to be guidelines only,
and the standards of the applicable residential, building, fire and
electric codes shall apply.
The property owner shall sign a letter of commitment, which
shall require the large-scale solar energy production facility owner
and its successors and assigns to notify the Plattekill Building Inspector,
in writing, within 30 days of the discontinuance of use of the facility.
Failure to notify and thereafter remove the facility and all appurtenances
shall be deemed a violation punishable under applicable provisions
of the Town of Plattekill Zoning Law. Notwithstanding this provision,
the Building Inspector shall have the right to independently investigate
any discontinuance of the facility and render a written determination
setting forth the extent, duration and facts evidencing the violation
and the discontinuance of the facility. Upon rendering said written
determination, written notice of the determination shall be provided
to the owner and the lessees of the facility and the owners of the
real property upon which the facility is situate by certified mail,
return receipt requested. Sixty days after proven receipt of the notice
of the determination by the facility owner, any lessee of the facility
and the owners of the real property said facility is situate thereon,
the Building Inspector and the Town of Plattekill may commence legal
proceedings and have the facility removed from the site in accordance
with the applicable law.
A.
Abandonment.
(1)
Roof-mounted and small-scale ground-mounted solar energy systems
are considered abandoned after 12 months without significant electrical
energy generation and must be removed from the property. Any large-scale
solar energy system which is producing 10% or less of its original
approved output, as described within the decommissioning plan, shall
be considered nonfunctioning and abandoned. An application for an
extension can be submitted to the Planning Board for review, and the
Board may grant one extension for up to a three-month period.
(2)
Absent notice of a proposed date of decommissioning or written notice
of extenuating circumstances, the large-scale solar energy system
installation shall be considered abandoned when it fails to operate
for more than 12 consecutive months with electrical energy generation
of at least 10% of its originally proposed output, without the written
consent of the Town Board. If the property owner or operator of the
large-scale solar energy system installation fails to remove the installation
in accordance with the requirements of this section within 90 days
of abandonment or the proposed date of decommissioning, the Town retains
the right, after the receipt of an appropriate court order, to enter
the property and physically remove an abandoned, hazardous, or decommissioned
large-scale solar energy system installation. As a condition of site
plan approval, the applicant and landowner shall agree to allow entry
to remove an abandoned or decommissioned installation.
B.
Decommissioning: removal requirements. Any large-scale solar energy system installation which has reached the end of its useful life or has been abandoned consistent with § 110-84A, Abandonment, of this article shall be removed. The property owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The property owner shall notify the Town Board by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:
(1)
Physical removal of all large-scale solar energy system installations,
structures, equipment, security barriers, and transmission lines from
the site.
(2)
Disposal of all solid and hazardous waste in accordance with local,
state and federal waste disposal regulations.
(3)
Stabilization or revegetation of the site as necessary to minimize
erosion. The Town Board may allow the property owner or operator to
leave landscaping or designated below-grade foundations in order to
minimize erosion and disruption to vegetation.
C.
Reimbursement of Town expenses. The property owner shall submit a
fully inclusive estimate of the cost associated with removal, prepared
by a qualified engineer and accepted by the Town. The amount shall
include a mechanism for calculating increased removal costs due to
inflation. Any cost incurred by the Town for decommissioning and removal,
including legal costs, shall be assessed against the property, shall
become a lien and tax upon said property, shall be added to and become
part of the taxes levied and assessed thereon, and shall be enforced
and collected with interest by the same officer and in the same manner,
by the same proceedings, at the same time and under the same penalties
as are provided by law for the collection and enforcement or real
property taxes in the Town.
D.
To ensure access by the Town to the solar energy system installation
site for inspections and to provide access in the event that the Town
undertakes the removal of the solar energy system, prior to granting
a building permit or site plan approval for the installation of a
solar energy system, the property owner must provide to the Town a
written easement for ingress, egress and regress from the public road
to the property where the solar energy system is to be installed,
and including the property on which the solar energy system is located,
and must be recorded in the Ulster County Clerk's Office at the property
owner's expense. Said easement must be free of all mortgages and encumbrances.
Any violation of this Solar Energy article shall be subject
to the same civil and criminal penalties provided for in the Zoning
Regulations of the Town of Plattekill. Appearance tickets may be issued
and enforcement proceedings may brought by the Building Inspector,
Code Enforcement Officer, Zoning Enforcement Officer, local law enforcement
officers, any deputy of the aforesaid officers or by the Town Supervisor
and by such other officers and employees as the Town Board may from
time to time designate.
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
of enforceability of any other section, subsection, paragraph, sentence,
clause, provision or phrase, which shall remain in full force and
effect.
