[Added 1-8-2018 by L.L.
No. 1-2018]
A.
The purpose of this article is to provide for the location, regulation
and processing of applications for solar energy systems within the
Town of Phelps. The intent is to both encourage the use of renewable
energy systems based on sunlight and at the same time to protect the
natural, visual, historic, economic, cultural and agricultural resources
of the Town and to minimize adverse impacts associated with solar
energy systems.
B.
Solar energy systems are hereby allowed within the Town to protect
the health, safety, welfare of Town residents, property and the environment.
This article regulates, among other things, the location, and design
and in some cases the operation of solar energy systems in order to:
(1)
Protect the health, safety and general welfare of the residents of
the Town of Phelps.
(2)
Establish predicable regulations for solar energy systems activities.
(3)
Take advantage of a renewable energy source.
(4)
Avoid potential impacts to adjacent properties from solar energy
systems.
(5)
Ensure harmony and compatibility with surrounding land use patterns.
(6)
Ensure consistency with the Town's Comprehensive Plan to protect
the agricultural lands within the Town.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
A combination of photovoltaic building components integrated
into any building envelope system such as vertical facades including
glass and other facade material, semitransparent skylight system,
roofing materials and shading over windows.
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 onsite
consumption.
A solar energy system that is ground-mounted and produces
energy primarily for the purpose of offsite sale and/or consumption.
A solar panel system located on the roof of any legally permitted
building and or structure for the purpose of producing electricity
for onsite and/or offsite consumption.
Electrical energy storage devices, material, hardware, inverters
and/or other electrical equipment and conduit of photovoltaic devices
associated with the production of electrical energy.
An electrical generating system composed of a combination
of both solar panels and solar energy equipment.
A photovoltaic device capable of collecting and converting
solar energy into electrical energy.
The requirements of this article shall apply to all solar energy
systems installed or modified after its effective date, excluding
general maintenance and repair and building-integrated photovoltaic
systems.
A.
Roof-mounted solar energy systems.
(1)
Roof-mounted solar energy systems that use the electricity onsite
and/or offsite are permitted as an accessory use in all zoning districts
when attached to any lawfully permitted building or structure.
(2)
Height. Roof-mounted solar energy systems shall be exempt from the
maximum height restrictions of the zoning district within which they
are located.
(3)
Aesthetics. Roof-mounted solar energy system installations shall
incorporate, when feasible, the following design requirements:
(a)
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 the highest edge of the system.
(4)
Reviews and permits. Roof-mounted solar energy systems that use the
energy onsite and/or offsite shall be required to obtain a building
permit, and roof-mounted solar energy systems shall be exempt from
site plan review and special use permit review.
B.
Ground-mounted solar energy systems.
(1)
Ground-mounted solar energy systems that use the electricity primarily
for onsite consumption are permitted as accessory structures in all
zoning districts within the Town.
(2)
Height and setback. Ground-mounted solar energy systems shall not
exceed 15 feet in height and shall adhere to the setback requirements
of the underlying zone district.
(3)
Lot coverage. Ground-mounted solar energy systems are limited to
the maximum building coverage of lot designated for each zone district,
and the surface area covered by ground-mounted solar panels shall
be included in the total lot coverage.
(4)
Location. All ground-mounted solar energy systems shall be installed
in the side or rear yards.
(5)
Reviews and permits. Ground-mounted solar energy systems that use the electricity primarily onsite shall be required to obtain a building permit from the Town. Ground-mounted solar energy systems other than for one- and two-family dwellings shall be required to obtain site plan approval as set forth in Chapter 115 of the Town Code. All installations must be performed in accordance with the applicable electrical and building codes, the manufacturer's installation instructions and industry standards, and prior to the operation of the electrical connections must be inspected by the Town Code Enforcement Officer or by an appropriate electrical inspection person or agency as determined by the Town.
(6)
Where site plan approval is required elsewhere in the regulations
of the Town for a development or activity, the site plan review shall
include review of the adequacy, location, arrangement, size, design
and general site compatibility of the proposed ground-mounted solar
energy systems.
B.
The following requirements shall apply to all large-scale solar energy
systems in each zone district that they may be located:
(1)
Height and minimum yard/setback. Large-scale solar energy systems
shall be no more than 15 feet in height and shall have a minimum yard/setback
of 40 feet for the front, each side and rear.
(2)
Lot coverage. Large-scale solar energy systems shall not exceed 60%.
The surface area covered by solar panels shall be included in the
total lot coverage.
C.
Large-scale solar utilities shall not be located within the following
areas of potential sensitivity:
(1)
One-hundred-year flood hazard zones considered a V or AE Zone on
the FEMA Flood Maps.
D.
Site plan approval required. Large-scale solar energy systems shall be required to obtain site plan approval from the Town Planning Board. The site plan application and its requirements for obtaining site plan approval (Chapter 115 of the Town Code) shall be supplemented by the following additional provisions:
(1)
If the property of the proposed project is to be leased, legal consent
between all parties, specifying the uses(s) of the land for the duration
of the project, including easements and other agreements, shall be
submitted.
(2)
Blueprints showing the layout of the solar energy system signed by
a professional engineer or registered architect and the generating
capacity of the large-scale solar energy system on a monthly and annual
basis shall be required.
(3)
The equipment specification sheets shall be documented and submitted
for all photovoltaic panels, significant components, mounting systems,
and inverts that are to be installed.
(4)
Property operation and maintenance plan. Such a plan shall describe
continuing photovoltaic maintenance and property upkeep and maintenance,
such as mowing and trimming.
(5)
Detailed plans and specifications for any proposed fencing to be
installed, including but not limited to the location(s), height and
type of fencing material(s) to be installed.
(6)
Decommissioning plan.
(a)
To ensure the proper removal of large-scale solar energy systems,
and to ensure the site will be restored to a useful, nonhazardous
condition, without delay, a decommissioning plan shall be submitted
as part of the application. Compliance with this plan shall be made
a condition of site plan approval and the issuance of a building permit.
The decommissioning plan must specify that after the large-scale solar
energy system is no longer in use, it shall be removed by the applicant
or any subsequent owner and that this be in the form of a recorded
instrument legally binding on the owner of the large-scale solar energy
system and to the real property on which it is installed. The decommissioning
plan shall also include the requirement that any subsequent transfers
of the large-scale solar energy system and/or the real property from
the date of the site plan approval shall be conditioned on the transferee
agreeing to be held responsible and liable for the decommissioning
plan.
(b)
The decommissioning plan shall include the energy-generating
capacity of the large-scale solar energy system on an annual basis
together with a provision that annually, on or before January 30th
of each year, a report shall be furnished to the Town Code Enforcement
Officer reporting the amount of energy generated by the large-scale
solar energy system.
(c)
The decommissioning plan shall demonstrate how the removal of
all infrastructure and the remediation of soil and vegetation shall
be conducted to return the site to a useful and nonhazardous condition
and shall include but not be limited to the following:
[1]
Removal of aboveground and belowground equipment, structures
and foundations.
[2]
Restoration of the surface grade and soil after removal of equipment.
[3]
Revegetation of restored soil areas with native seed mixes,
excluding any invasive species.
[4]
A time frame for the completion of the site restoration work.
[5]
A cost estimate detailing the projected cost prepared by a professional
engineer or contractor, and cost estimates shall take into account
inflation.
(d)
If the large-scale solar energy system is not completed and
functioning within 18 months of the issuance of the site plan approval
and/or issuance of a building permit, the Town may notify the permittee
to complete construction within 180 days. If the permittee fails to
perform, the Town may notify the permittee to implement the decommissioning
plan. The decommissioning plan must be completed within 180 days of
notification by the Town to so implement the decommissioning plan.
Removal of large-scale solar energy systems must be completed in accordance
with the decommissioning plan.
(e)
Upon cessation of activity of a constructed facility for a period
of one year and/or generating less than 50% of the approved capacity,
the Town may notify the permittee to implement the decommissioning
plan. Within 180 days of notice being served, the permittee can either
restore operation to 80% of approved capacity or implement the decommissioning
plan.
(f)
If the permittee fails to fully implement the decommissioning
plan within the one-hundred-eighty-day time period, the Town may,
at its discretion, provide for the restoration of the site in accordance
with the decommissioning plan and may recover all costs and expenses
incurred for such activities from the defaulted permittee. The costs
incurred by the Town shall be assessed against the property, shall
become a lien and tax upon the property, and shall be enforced and
collected with interest by the same officer and in the same manner
as other taxes.
E.
Additional design standards. In addition to the standards provided for in § 115-2, the following additional principals and standards shall be applied to applications for large-scale solar systems:
(1)
A landscape buffer shall be provided around the large-scale solar
energy system and solar panels to provide screening from adjacent
properties and roads and to minimize glare to adjacent properties
and roadways and traffic thereon.
(2)
Removal of trees and other existing vegetation shall be minimized
or offset with planting elsewhere on the property.
(3)
Roadways within the site shall not be constructed of impervious materials
and shall be designed to minimize the extent of roadways constructed
and soil compaction.
(4)
All on-site utility and transmission lines shall, to the extent feasible,
be placed underground.
(5)
Signs. A sign not to exceed eight square feet shall be displayed
on or near the main access point and shall list the facility name,
owner, phone number and address. A clearly visible warning sign concerning
voltage must be placed at the base of all pad-mounted transformers
and substations.
F.
Reviews and permits. Large-scale solar systems that are ground-mounted and produce energy primarily for the purpose of offsite sale and/or consumption shall be required to obtain site plan approval as set forth in Chapter 115 of the Town Code and shall be required to obtain a building permit from the Town. As part of the building permit application, a large-scale solar energy system to be connected to the utility grid shall provide a proof of concept letter from the utility company acknowledging the large-scale solar energy system will be connected to the utility grid. All installations must be performed in accordance with the applicable electrical and building codes, the manufacturer's installation instructions and industry standards and prior to the operation the electrical connections must be inspected by the Town Code Enforcement Officer or by an appropriate electrical inspection person or agency as determined by the Town.
G.
The Planning Board may impose conditions on its approval of any site
plan under this article in order to enforce the standards referred
to in this article or in order to discharge its obligations under
the State Environmental Quality Review Act (SEQRA).
