A.
All solar energy systems under this chapter shall require a special use permit. Applicants for a special use permit to place, construct and make modifications to a principal use solar energy system within the boundaries of the Town of Wales shall submit 12 sets of the following information to the Town Board. Of the 12 sets, the following shall be submitted to the Town Clerk, who shall then forward to the Town Building Inspector. The Building Inspector will review the contents for completeness and notify the applicant to submit the appropriate fee to the Town Clerk. In the event the application is not complete, the Building Inspector shall notify the applicant of what is required in order to properly complete the application. The Town will then determine whether it chooses to present the application to a professional engineer or consultant for an initial review. The Town Board may make referrals as it deems appropriate. No such application shall be deemed filed until any required application fee has been paid. The requirements of a special use permit contained in Chapter 200, Zoning, shall be applicable where so determined by the Town Board, together with the required information as set forth herein.
(1)
A completed State Environmental Quality Review Act (SEQRA) short-form
environmental assessment form (EAF), if required, unless a long form
is required by the Town's professional engineer or consultant
or the Town of Wales Town Board, with the Town of Wales Town Board
designated as lead agency for the SEQRA process.
(2)
Information required in the special use permit application:
(a)
Name, address and telephone number of the property owner. If
the property owner is not the applicant, the application shall include
the name, address and telephone number of the applicant and a letter
or other written permission signed by the property owner authorizing
the applicant to represent the property owner; and
(b)
Documentation of access to the project site(s), including the
location of all access roads, gates, parking areas, etc.; and
(c)
Documentation of the clearing, grading, stormwater and erosion
control plans; and
(d)
Utility interconnection data and a copy of written notification
to the utility of the proposed interconnection; and
(e)
One- or three-lined electrical diagram detailing the solar energy
system installation, associated components and electrical interconnection
methods, with all disconnects and overcurrent devices; and
(f)
A property owner who has installed or intends to install a principal
use solar energy system may choose to negotiate with other property
owners in the vicinity for any necessary solar skyspace easements.
The issuance of a special use permit does not constitute solar skyspace
rights, and the Town shall not be responsible for ensuring impermissible
obstruction to the solar skyspace as a result of uses or development
performed in accordance with the Town Code. In the event that solar
easements are negotiated by an applicant or property owner for a principal
use solar energy system, a copy of documentation of any solar skyspace
easements shall be provided, properly recorded as such, negotiated
with neighboring property owners, that shall, at a minimum, include:
[1]
The restrictions placed upon buildings, structures, vegetation
and other objects or uses that would potentially obstruct the solar
skyspace of the solar energy system; and
[2]
A description of the dimensions of the easement expressed in
measurable terms, such as the maximum height of buildings and structures,
vertical or horizontal angles measured in degrees, or the hour of
the day on specified dates during which direct sunlight to a specified
surface of a solar collector may not be obstructed, or a combination
of these descriptions; and
[3]
The amount, if any, of permissible obstruction of the solar
skyspace through the easement, expressed in measurable terms, such
as a specific percentage of solar skyspace that may be obstructed
or hours during the day; and
[4]
Provision for trimming vegetation that would impermissibly obstruct
solar skyspace, including any compensation for trimming expenses;
and
[5]
Provisions for compensation of the owner/operator benefiting
from the easement in the event of impermissible obstruction of the
solar skyspace that would be in violation of the easement; and
[6]
The terms or conditions, if any, under which the easement may
be revised or terminated.
(g)
A site plan in accordance with New York Town Law § 274-a, as required by Chapter 200 of the Town Code, including, but not limited to, the following:
[1]
Plans and drawings of the solar energy system installation signed
by a professional engineer registered in New York State showing the
proposed layout of the entire solar energy system along with a description
of all components, whether on site or off site, existing vegetation
and proposed clearing and grading of all sites involved, and utility
lines, both above and below ground, on the site and adjacent to the
site; and
[2]
Property lot lines and the location and dimensions of all existing
structures and uses on site within 500 feet of solar panels; and
[3]
Proposed fencing and/or screening for said project; and
[4]
Such additional information as may be required by the professional
engineer or consultant of the Town, the Town of Wales Town Board,
Town Attorney, Building Inspector or other Town entity.
B.
Prior to the issuance of a building permit, the applicant shall document
that all applicable federal, state, county and local permits have
been obtained.
C.
The Town Board shall conduct a public hearing, with notice of said
hearing to be printed in the newspaper of general circulation in the
Town at least five days prior to the date thereof.
D.
The Town Board may:
(1)
For principal use solar energy systems, grant a special permit, deny
a special permit, or grant a special permit with written stated conditions.
(a)
Denial of a special permit shall be by written decision based
upon substantial evidence considered by the Board. Upon issuance of
a special permit, the applicant shall obtain a building permit for
the principal use solar energy system.
E.
Minimum lot area. The minimum lot area shall be 15 acres.
F.
Setbacks.
(1)
Any principal use solar energy system shall adhere to the following:
(a)
From any residential (R) or (B) zoning district boundary or
manufactured home park: a minimum of 500 feet.
(b)
From any manufacturing (M) district boundary: a minimum of 250
feet.
(e)
From schools, public parks: a minimum of 1,000 feet from all
property lot lines bordering a school or public park.
(2)
Notwithstanding the setback provisions set forth in this section,
such setbacks from property lines do not apply if the application
is accompanied by a legally enforceable agreement that runs with the
property for a period of 20 years or the life of the special permit,
whichever is longer, that the adjacent landowner(s) agree(s) to the
elimination of the required setbacks. These setback requirements in
this section can only be varied through this agreement process with
adjoining landowners and not through a variance with the Zoning Board
of Appeals. Any agreement to the elimination of such property line
setbacks shall not constitute the reduction or elimination of required
setbacks from structures, as previously identified, and such setbacks
from structures, for safety reasons, shall not be reduced or eliminated.
G.
Maximum overall height. The height of a principal use solar energy
system shall not exceed 20 feet when oriented at maximum tilt.
H.
There shall only be allowed one principal use solar energy system
per lot.
I.
A principal use solar energy system shall adhere to all applicable
federal, state, county and Town of Wales laws, regulations, building,
plumbing, electrical and fire codes.
