Town of Dickinson, NY Solar Energy Systems

Roof-mounted solar energy systems that use the electricity on site or off site are permitted in all zoning districts when attached to any lawfully permitted building or structure. A New York State (NYS) Unified Solar Permit (USP) is required with licensed UL or NABCEP installers.

Roof-mounted 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.

Aesthetics. Roof-mounted solar energy system installations shall incorporate, where/when feasible, the following design requirements: Panels facing the front yard must be mounted at the same angle as the roof's surface with a maximum distance of 18 inches between the roof and highest edge of the system.

Roof-mounted solar energy systems that use the energy on site or off site shall be exempt from site plan review under the local zoning code or other land use regulations.

(5)

All roof-mounted solar energy systems must file a USP application with the Code Enforcement Department prior to starting the project.

Ground-mounted solar energy systems.

Residential solar energy systems that are ground mounted and use the electricity primarily on site are permitted as accessory structures and shall adhere to the following:

Ground-mounted solar energy systems shall adhere to the height and setback requirements of the underlying zoning district.

System coverage of the lot is limited to the underlying zoning district. The surface area covered by ground-mounted solar panels shall be included in total lot coverage.

All such systems shall be installed in the side yards and rear yards. Any corner lots or requirements needing front yard installs will be addressed through the Zoning Board of Appeals.

(d)

Residential 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.

(e)

A USP is required with licensed UL or NABCEP installers.

Commercial ground-mounted solar energy systems.

Commercial ground-mounted solar energy systems are permitted as a primary use in R-1 and R-2 Zoning Districts by special permit issued by the Planning Board. Such systems shall have passed site plan review and be subject to the requirements as set forth herein.

Commercial ground-mounted solar energy systems are permitted as a primary use in all other zoning districts with an approved site plan and subject to the requirements as set forth herein.

Commercial ground-mounted solar energy systems are not permitted as an accessory use.

(d)

Commercial ground-mounted solar energy systems must be located on sites with at least five acres open for development.

(e)

If property is subdivided to accommodate commercial ground-mounted solar energy systems as a primary use, the property containing the commercial ground-mounted solar energy system must have road access, either directly or by easement.

(f)

Applications for the installation of a commercial, ground-mounted solar energy system shall be reviewed by Code Enforcement and referred, with comments, to the Town of Dickinson Planning Board for its review and action, which can include approval, approval with conditions, or denial. Refer to the schedule of zoning districts for area and zoning restrictions.[1]

[1]

Editor's Note: The Schedule of Regulations is included as an attachment to Ch. 600, Zoning.

Solar thermal systems are not covered under this chapter. The New York State Uniform Fire Prevention and Building Code shall set the standards for solar thermal systems.[2] A USP is required with licensed UL or NABCEP installers.

[2]

Editor's Note: See Ch. 265, Uniform Construction Codes.

§ 460-8 Site plan approval conditions for commercial ground-mounted solar energy systems.

Site plan approval conditions for commercial ground-mounted solar energy systems shall consist of the following:

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. Dollar amounts shall be redacted out on said lease.

Stamped drawings to scale signed by a New York State-licensed professional engineer or registered architect showing the layout of the solar energy system, utility connections, and transmission lines shall be required. Plans must be submitted on a boundary survey plat and include topographic data with a five-foot contour minimum.

The equipment specification sheets shall be documented and submitted for all photovoltaic panels, significant components, mounting systems, utility connections, transmission lines, and inverters that are to be installed.

Property operation and maintenance plan. Such plan shall describe a list of contacts for the property, notification of the transfer of ownership, continuing photovoltaic maintenance and property upkeep, such as mowing and trimming.

(5)

All commercial ground-mounted solar energy systems shall be enclosed by eight-foot fencing to prevent unauthorized access. Warning signs with the owner's name and emergency contact information shall be placed on any access point to the system and perimeter of the fencing. The fencing and the system shall be further screened by any landscaping needed to avoid adverse aesthetic impacts. The Planning Board shall have the discretion to require screening only in areas within view of the public or residential properties in close proximity to the site.

(6)

The Town of Dickinson Planning Board may impose conditions 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).

(7)

Decommissioning plan. To ensure the proper removal of commercial ground-mounted solar energy systems, a decommissioning plan shall be submitted as part of the application. See § 460-15 for details.

(8)

A USP is required after site plan approval and before any work commencing with licensed UL or NABCEP installers.

Site plan application requirements.

All site plan review applicants for a commercial ground-mounted solar energy system or any modification of such facility shall comply with the requirements set forth in this section. Submission of a Planning Board site plan review application for a commercial ground-mounted solar energy system, or any changes to a commercial ground-mounted solar energy production facility, must be made to the Planning Board that is authorized to review, analyze, evaluate and make decisions with respect to granting or not granting, recertifying or not recertifying or revoking the site plan for commercial ground-mounted solar energy production facilities. The Planning Board may, at its discretion, delegate or designate other official agencies of the Town to accept, review, analyze, evaluate and make recommendations to the Planning Board with respect to granting or not granting, recertifying or not recertifying, or the revoking of site plan disposure of commercial ground-mounted solar energy production facilities.

An application for site plan review for commercial ground-mounted solar energy systems shall be signed on behalf of the applicant by the person preparing the same and with knowledge of the contents and representations made therein and attesting to the truth and completeness of the information. The landowner, if different from the applicant, shall also sign the application. At the discretion of the Planning Board, any false or misleading statement in the application may subject the applicant to denial of the application without further consideration or opportunity for correction.

A pre-application meeting is required with the applicant, Town Engineer, and Code Enforcement prior to submitting a formal site plan for review.

Incomplete applications not meeting the requirements stated herein, or which are otherwise incomplete, will be rejected.

The applicant shall include a statement in writing:

That the applicant's proposed commercial ground-mounted solar energy systems shall be maintained in a safe manner and in compliance with all conditions of the site plan review disposure, without exception, unless specifically granted relief by the Planning Board in writing, as well as all applicable and permissible local codes, ordinances and regulations, including any and all applicable county, state and federal laws, rules, and regulations.

That the construction of the commercial ground-mounted solar energy systems is legally permissible, including but not limited to the fact that the applicant is authorized to do business in New York State.

No commercial ground-mounted solar energy systems shall be installed or constructed until the site plan is reviewed and approved by the Planning Board, in receipt of the disposure, and a USP has been issued.

All applications for the construction or installation of new commercial ground-mounted solar energy systems shall be accompanied by a report containing the information hereinafter set forth. The report shall be signed by a licensed professional engineer registered in the state. Where this section calls for certification, such certification shall be by a qualified New York State-licensed professional engineer and/or architect acceptable to the Town, unless otherwise noted. The application shall include, in addition to the other requirements for the site plan review, 18 copies of the following information:

Name, address and phone number of the person preparing the report.

Name, address and phone number of the property owner, operator and applicant; include the legal form of the applicant.

Postal address and Tax Map parcel number of the property.

Zoning district or designation in which the property is situated.

(5)

Scale drawings with the size of the property, stated both in square feet and lot line dimensions, survey, and a diagram showing the location of all lot lines (one digital copy, two 22 x 34 copies and the rest 11 x 17).

(6)

Location of nearest residential structure.

(7)

Location of nearest habitable structure.

(8)

Location, size and height of all existing structures on the property which is the subject of the application.

(9)

Location, size, and height of all proposed solar collection and accessory structures.

(10)

Type, locations and dimensions of all proposed and existing landscaping and fencing.

(11)

The proposed solar energy production capacity design level proposed for the facility and the basis for the calculations of the area of the solar energy production facility's capacity.

(12)

The make, model and manufacturer of the solar production component parts.

(13)

A description of the proposed solar production facility and all related fixtures, structures, appurtenances and apparatus, including height above preexisting grade, materials, color and lighting.

(14)

The applicant's proposed solar production facility maintenance/inspection procedures and related system of records.

(15)

Certification that the proposed solar production facility will not cause interference with air traffic.

(16)

Certification that a topographic and geomorphologic study/analysis has been conducted, taking into account subsurface features and a proposed drainage plan pursuant to a stormwater pollution prevention plan (SWPPP), such that the proposed site is deemed adequate to assure the stability of the proposed commercial ground-mounted solar energy system. See Chapter 476 for SWPPP requirements.

(17)

The applicant shall submit a completed environmental assessment long-form (EAF) and a completed visual EAF to the Planning Board for review. The applicant shall be in attendance for the Planning Board meeting. Based on the results of the visual EAF addendum, the Planning Board may require submission of a more detailed visual analysis. The scope of the required environmental and visual assessment will be reviewed at the pre-application meeting.

(18)

A decommissioning plan completed in conformance with § 460-15.

(19)

The applicant shall furnish a visual impact assessment, in a manner approved by the Planning Board, to demonstrate and provide in writing and/or by drawing how it shall effectively screen from view the proposed commercial ground-mounted solar energy systems and all related structures which shall include:

A Zone of Visibility Map, which shall be provided in order to determine locations where the commercial ground-mounted solar energy systems may be seen.

Pictorial representations of before and after views from key viewpoints both inside and outside of the Town, including, but not limited to, state highways and other major roads; airports; state and local parks; other public lands; historic districts; preserves and historic sites normally open to the public; and from any other location where the site is visible to a large number of visitors, travelers or residents. The Town Engineer and Code Enforcement Head, acting in consultation with its consultants or experts, will provide guidance concerning the appropriate key sites at a pre-application meeting.

An assessment of the visual impact of the commercial ground-mounted solar energy systems and accessory buildings from abutting and adjacent properties and streets.

(20)

A fully executed declaration of restrictive covenants by the owner, operator, lessee and lessor in the form attached and made a part hereof.

The applicant shall furnish written certification that the commercial ground-mounted solar energy systems, foundation and attachments are designed and will be constructed ("as built") to meet all local, county, state and federal structural requirements for loads, including wind and snow loads. If the commercial ground-mounted solar energy systems are subsequently approved and constructed, similar as-built certification indicating that the facility has been constructed in accordance with all standards shall be furnished prior to the Town issuance of any certificate of occupancy or compliance.

After construction and prior to receiving a certificate of compliance, the applicant shall furnish written certification that the commercial ground-mounted solar energy systems are grounded and bonded so as to protect persons and property and installed with appropriate surge protectors by a certified and approved New York State-licensed electrical inspector. Any and all representations made by the applicant to the Planning Board, on the record, during the application process, whether written or verbal, shall be deemed a part of the application and may be relied upon in good faith by the Planning Board.

All utilities at solar energy production facilities site shall be installed underground and in compliance with all laws, rules and regulations of the Town, including specifically, but not limited to, the National Electrical Safety Code and the National Electrical Code, where appropriate. The Planning Board may waive or vary the requirements of underground installation of utilities whenever, in the opinion of the Planning Board, such variance or waiver shall not be detrimental to the health, safety, general welfare and environment, including the visual and scenic characteristics of the area.

All proposed commercial ground-mounted solar energy systems shall demonstrate that the facility will be sited so as to have the least adverse visual effect on the environment and its character, on existing vegetation, and on any nearby residential dwellings. Any glare produced by the solar array shall not impair or render unsafe the use of contiguous structures, any vehicles in the vicinity, any airplanes, etc.

At a commercial ground-mounted solar energy systems site, an access road and parking shall be provided to assure adequate emergency and service access. Maximum use of existing roads, whether public or private, shall be made to the extent practicable. Road construction shall at all times minimize ground disturbance and vegetation cutting. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion.

§ 460-9 Retention of expert assistance; reimbursement by applicant.

The Planning Board may hire any consultant and/or expert necessary to assist the Board in reviewing and evaluating the application and any requests for recertification.

An applicant shall deposit with the Town funds sufficient to reimburse the Town for all reasonable costs of consultant and expert evaluation and consultation to the Board in connection with the review of any application. The initial deposit shall be $7,500. These funds shall accompany the filing of an application, and the Town will maintain a separate escrow account for all such funds. The Town's consultants/experts shall bill or invoice the Town no more frequently than monthly for their services in reviewing the application and performing their duties. If at any time during the review process this escrow account has a balance less than $2,500, the applicant shall immediately, upon notification by the Town, replenish said escrow account so that it has a balance of at least $5,000. Such additional escrow funds shall be deposited with the Town before any further action or consideration is taken on the application. In the event that the amount held in escrow by the Town is more than the amount of the actual billing or invoicing at the conclusion of the review process, the difference shall be promptly refunded to the applicant.

The total amount of the funds set forth in Subsection B of this section may vary with the scope and complexity of the project, the completeness of the application and other information as may be needed by the Planning Board or its consultant/expert to complete the necessary review and analysis. Additional escrow funds, as reasonably required and requested by the Town, shall be paid by the applicant.

§ 460-10 Solar-related permits and fees.

Unified Solar Permit (USP).

A holder of a disposure or approval from the Planning Board granted under this chapter shall obtain, at its own expense, all permits and licenses required by applicable law, rule, regulation or code and must maintain the same, in full force and effect, for as long as required by the Town or other governmental entity or agency having jurisdiction over the applicant.

A holder of a disposure of approval from the Planning Board for a commercial ground-mounted solar energy system shall construct, operate, maintain, repair, provide for removal of, modify or restore the permitted solar energy production facility in strict compliance with all current applicable technical, safety and safety-related codes adopted by the Town, county, state or United States, including, but not limited to, the most recent editions of the National Electrical Safety Code and the National Electrical Code, as well as accepted and responsible workmanlike industry practices and recommended practices. The codes referred to are codes that include, but are not limited to, construction, building, electrical, fire, safety, health and land use codes. In the event of a conflict between or among any of the preceding, the more stringent shall apply.

Unless waived by the Planning Board, there shall be a pre-application meeting prior to submittal of a formal USP application to address issues which may help expedite the review/permitting process. This meeting may also include a site visit, at the discretion of the Town. Cost(s) of the Town's consultants to prepare for and attend the pre-application meeting will be borne by the applicant.

At the time of obtaining a USP, the applicant must provide a financial security bond for removal of the commercial ground-mounted solar energy systems and property restoration with the municipality as the assignee in an amount approved by the Planning Board upon the recommendation of the Town Engineer. See § 460-15 for specifications. If the lessee shall go out of business, the bond shall stay in the control of the Town of Dickinson until the solar site is decommissioned.

Fees for any/all necessary special permits, USPs, required inspections, etc., as documented herein are approved via resolution by the Dickinson Town Board. A summary of up-to-date fees as presently adopted is available through the Office of the Town Clerk.

§ 460-11 Right to inspect.

In order to verify that the applicant commercial ground-mounted solar energy systems and any and all lessees, renters and/or licensees of commercial ground-mounted solar energy systems place and construct such facilities, including solar collectors and solar inverters, in accordance with all applicable technical, safety, fire, building (via USP) and zoning codes, laws, ordinances and regulations and other applicable requirements, the Town may inspect all facets of said disposure approval holder's, renter's, lessee's or licensee's placement, construction, modification and maintenance of such facilities.

Any special inspections required by Code Enforcement shall be at the expense of the applicant.

§ 460-12 Liability insurance.

An owner/operator of a commercial ground-mounted solar energy system shall secure and at all times maintain public liability insurance for personal injuries, death and property damage, and umbrella insurance coverage for the duration of the commercial ground-mounted solar energy systems in amounts as set forth below:

Commercial general liability covering personal injuries, death and property damage: $1,000,000 per occurrence/$2,000,000 aggregate.

Automobile coverage: $1,000,000 per occurrence/$2,000,000 aggregate.

Workers' compensation and disability: statutory amounts.

The commercial general liability insurance policy shall specifically include the Town of Dickinson as additional named insured for any reason that Town of Dickinson officials may have legal reasons to be on the site.

The insurance policies shall be issued by an agent or representative of an insurance company licensed to do business in the state and with a Best's rating of at least "A."

The insurance policies shall contain an endorsement obligating the insurance company to furnish the Town with at least 30 days' prior written notice in advance of the cancellation of the insurance.

Renewal or replacement policies or certificates shall be delivered to the Town at least 15 days before the expiration of the insurance which such policies are to renew or replace.

Before construction of a permitted commercial ground-mounted solar energy production facility is initiated, but no later than 15 days after the grant of the Planning Board approval, the holder of the site plan approval delivers to the Town a copy of each of the policies or certificates representing the insurance in the required amounts.

§ 460-13 Penalties for violations.

In the event of a violation of this chapter or any commercial ground-mounted solar energy systems issued pursuant to this chapter, the Board may impose and collect, and the holder of the site plan approval for solar collection facilities shall pay to the Town, fines or penalties as set forth below.

A violation of this chapter is hereby declared to be an offense, punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this chapter or of such ordinance or regulation shall be deemed misdemeanors, and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.

Notwithstanding anything in this chapter, the owner/operator for commercial ground-mounted solar energy production facilities may not use the payment of fines, liquidated damages or other penalties to evade or avoid compliance with this chapter or any section of this chapter. An attempt to do so shall subject the owner/operator of commercial ground-mounted solar energy production facilities to termination and revocation of certificate of compliance. The Town may also seek injunctive relief to prevent the continued violation of this chapter, without limiting other remedies available to the Town.

§ 460-14 Default and/or revocation.

If a commercial ground-mounted solar energy system is repaired, rebuilt, placed, moved, relocated, modified or maintained in a way that is inconsistent or not in compliance with the provisions of this chapter, then the Code Enforcement Department shall notify the owner/operator of the commercial ground-mounted solar energy production facility in writing of such violation. Such notice shall specify the nature of the violation or noncompliance and that the violations must be corrected within seven days of the date of the postmark of the notice, or of the date of personal service of the notice, whichever is earlier. Notwithstanding anything to the contrary in this subsection or any other section of this chapter, if the violation causes, creates or presents an imminent danger or threat to the health or safety of lives or property, the Board may, at its sole discretion, order the violation remedied within 24 hours.

If, within the period set forth in Subsection A above, the commercial ground-mounted solar energy systems are not brought into compliance with the provisions of this chapter or substantial steps are not taken in order to bring the affected commercial ground-mounted solar energy facilities into compliance, then the Code Enforcement Department may revoke such certificate of compliance for commercial ground-mounted solar energy systems and shall notify the owner/operator of the commercial ground-mounted solar energy systems within 48 hours of such action.

§ 460-15 Abandonment and decommissioning.

Decommissioning plan.

To ensure the proper removal of commercial ground-mounted solar energy systems, a decommissioning plan shall be submitted. Compliance with this plan shall be made a condition of the issuance of a site plan approval's disposure under this section. The decommissioning plan must specify that if/when the commercial ground-mounted solar energy system can no longer be used, it shall be removed by the applicant or any subsequent owner. The plan shall demonstrate how the removal of all infrastructure and the remediation of soil/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. The applicant (or any subsequent owner) shall submit a cost estimate detailing the projected cost of executing the decommissioning plan as prepared by a New York State-licensed registered professional engineer/architect. Cost estimates shall take into account inflation.

Removal of commercial ground-mounted solar energy systems must be completed in accordance with the decommissioning plan. The applicant (or any subsequent owner) shall provide a completed Declaration of Restrictive Covenants form (provided by the Code Enforcement Department) and security sufficient for decommissioning costs in the form of a performance bond to ensure the availability of funds for such costs (the "decommissioning security") with the Town of Dickinson as the assignee. The performance bond shall be issued by a surety which is, at the time of delivery of the bond, on the authorized insurance provider list published by the Insurance Commissioner. The performance bond shall be in an amount equal to the decommissioning costs. The performance bond shall be established for a term of one year and shall be continuously renewed, extended, or replaced so that it remains in effect for the remaining term of this agreement, or until the secured decommissioning obligations are satisfied, whichever occurs sooner. In order to ensure continuous renewal of the performance bond with no lapse, each performance bond shall be required to be extended or replaced at least one month in advance of its expiration date.

Decommissioning costs shall be revaluated during construction of the project and once every five years thereafter from the date of the USP to ensure sufficient funds for decommissioning, and if the parties agree at that time that the decommissioning costs need to be modified, the amount of the decommissioning security shall be adjusted accordingly. Failure to secure such renewal or extension shall constitute a default of lessee under this agreement under the following circumstances, for which the Planning Board may determine that the health, safety and welfare interests of the Town warrant and require the removal of commercial ground-mounted solar energy systems:

When a commercial ground-mounted solar energy system has been abandoned (i.e., not in use as a solar energy production facility) for a period exceeding 90 consecutive days, or a total of 180 days in any 365-day period (except for periods caused by force majeure = Acts of God), repair or removal shall commence within 90 days.

When a permitted commercial ground-mounted solar energy system falls into such a state of disrepair that it creates a health or safety hazard.