[Added 8-13-2018 by L.L.
No. 3-2018]
A.
Statutory authority; title: This article shall be referred to as
"Amending the Zoning Law of the Town of Marion to Regulate Solar Energy
Systems" and is adopted pursuant to the authority of Municipal Home
Rule Law of the State of New York and §§ 261 to 263
of the 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 "to make provision for, so far as
conditions may permit, the accommodation of solar energy systems and
equipment and access to sunlight necessary therefor."
B.
Legislative purpose and intent.
(1)
The Town of Marion recognizes that solar energy is a clean, readily
available, and renewable energy source. The intent of this article
is to set provisions for the placement, design, construction, and
operation of such systems to uphold the public health, safety, and
welfare; and to ensure that such systems will not have a significant
adverse impact on the aesthetic qualities and character of the Town.
(2)
The purpose of this article is to amend language in the Zoning Law
to adequately regulate solar energy systems, while advancing and protecting
the public health, safety and welfare of the Town of Marion, including:
(a)
Taking advantage of a safe, abundant, renewable, and nonpolluting
energy resource;
(b)
Decreasing the cost of energy to the owners of commercial and
residential properties, including single-family houses; and
(c)
Increasing employment and business development in the region
by furthering the installation of solar energy systems.
(3)
These amendments to the Zoning Law including adding § 308-47 are intended to promote the effective and efficient use of solar energy systems; and that the present zoning regulations in the Town do not adequately address this type of use. The Town of Marion has determined that comprehensive regulations regarding the development of solar energy systems are necessary to protect the interests of the Town, its residents, and its businesses.
C.
BUILDING-INTEGRATED PHOTOVOLTAIC SYSTEM
COLLECTIVE SOLAR SYSTEM
GROUND-MOUNTED SOLAR ENERGY SYSTEM
LARGE-SCALE SOLAR ENERGY SYSTEM
RESIDENTIAL
ROOF-MOUNTED SOLAR ENERGY SYSTEM
SOLAR COLLECTOR
SOLAR ENERGY EQUIPMENT
SOLAR ENERGY SYSTEM
SOLAR PANEL
SOLAR THERMAL EQUIPMENT
SOLAR VOLTAIC EQUIPMENT
Word usage and definitions. As used in this article, the following
terms shall have the meanings indicated:
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.
An installation owned and benefitting collectively two or
more property owners through sharing arrangements, homeowners' associations,
or similar cooperative efforts.
A solar energy system that is anchored to the ground and
attached to a pole or other mounting system, detached from any other
structures for the primary purpose of producing electricity for on-site
consumption.
A solar energy system that is ground mounted and produces
energy either for the purpose of off-site sale or consumption or it
may serve on-site commercial, industrial, or agriculture needs.
All residential properties in A-C, L-R, M-R, H-R, B-1, and
I-1 Zones or Zoning Districts.
A solar panel system located on the roof of any legally permitted
building or structure for the primary purpose of producing electricity
for on-site consumption.
A photovoltaic cell, panel, or array which relies on solar
radiation as an energy source for the generation of electricity or
a thermal cell, panel, or array which relies on solar radiation as
an energy source for the transfer or storage of energy to heat air
or water.
Electrical energy storage devices, material, hardware, inverters
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.
Equipment that directly heats water or other liquid using
light, in which the heated liquid is used or stored for such purposes
as space heating and cooling, domestic water heating, and heating
pool water.
Any device for the direct conversion of solar energy into
electricity; equipment that produces electricity by the use of semiconductor
devices, called "photovoltaic cells," that generate electricity when
light strikes them.
D.
Permitting. A zoning permit issued by the Town of Marion is required before any installation covered under § 308-47, Solar energy systems.
(1)
In all zones, all solar energy or solar thermal energy installations, except residential roof-mounted installations, shall require a special use permit following procedures outlined in Article IV in the Town of Marion Zoning Law.
(2)
All equipment except collecting solar panels shall be enclosed, or
underground, and secured from inadvertent access. A building permit
to show compliance with all building codes for structural and fire
safety shall be obtained from the appropriate agency. Verification
must be provided that reflection and electromagnetic interference
are of equal or less impact than manufacturers' specifications and
"generally accepted standards."
(3)
All types of solar installations are permitted under this article
in the commercial and industrial zones with a special use permit and
site plan review approval except as noted herein.
(4)
All residential solar installations, ground mounted, are permitted
by special use permit if meeting all the safety, size, and setback
requirements in this article and all requirements for accessory uses
elsewhere in the Town of Marion Zoning Law.
(5)
Modifications to solar energy systems or solar heat systems that
change the scale, design, scope, or purpose of the system require
review and/or resubmission to the Town Planning Board.
(6)
Collective solar systems are permitted in any district with joint
application by all owners and users of the products generated and
all landowners. A written agreement must be presented, signed by all
involved.
(7)
In the H-R Zone, and on all nonconforming-in-size lots, only roof-mounted
solar energy systems shall be installed.
(8)
Vegetation shall not be removed within 30 feet of a natural or man-made
water-course or body for the purpose of installation or improving
function of a solar energy system and, if damaged, shall be repaired
and restored.
E.
Solar energy systems.
(1)
Roof-mounted solar energy systems. Roof-mounted solar energy systems
that primarily use the electricity on site are permitted as an accessory
use in all zoning districts when attached to any lawfully permitted
building or structure subject to the following:
(a)
Roof-mounted solar energy systems shall only be permitted to
generate 120% or 15,000 kwh, whichever is greater, of the annual electrical
use of the property on which it is located to be verified with proof
of the most recent three years of electrical usage.
(b)
Roof-mounted solar energy systems shall meet all requirements
and restrictions of the zoning district within which they are located.
(c)
Roof-mounted solar energy systems shall comply with all requirements
of the New York State Energy Research and Development Authority and
the New York State Uniform Fire Prevention and Building Code.
(d)
Property owners shall provide documentation with their permit
application that the local fire department has been notified that
a roof-mounted solar energy system is proposed for their property.
(e)
Safety. Concerns including weight of loading, wind resistance,
and fire access, including ingress and egress from the entire structure,
shall be satisfied as determined by meeting all the building codes
(including NYSUFPBC) in effect in the Town of Marion. Prior to operation,
electrical connections must be inspected by the appropriate public
utility and a licensed third-party agency.
(f)
Aesthetics. Roof-mounted solar energy system installations shall
incorporate, when feasible, the following design requirements:
(g)
Residential roof-mounted solar energy systems shall be exempt
from site plan review under this article but shall meet all other
Town of Marion land use regulations.
(2)
Ground-mounted solar energy systems. Ground-mounted solar energy
systems that primarily use on site the electricity produced are permitted
as an accessory use in all zoning districts subject to the following:
(a)
Ground-mounted energy systems shall only be permitted to generate
120% or 15,000 kwh, whichever is greater, of the annual electrical
use of the property on which it is located to be verified with proof
of the most recent three years of electrical usage.
(b)
Ground-mounted solar energy systems shall meet all requirements
and restrictions of the zoning district within which they are located.
(c)
Ground-mounted solar energy systems shall comply with all requirements
of the New York State Energy Research and Development Authority and
the New York State Uniform Fire Prevention and Building Code.
(d)
Property owners shall provide documentation with their permit
application that the local fire department that a ground-mounted solar
energy system is proposed for their property.
(e)
All such ground-mounted solar energy systems in residential
districts shall be installed in side or rear yards, and satisfy all
safety, size, and setback requirements for accessory structures.
(f)
All such ground-mounted solar energy systems shall be a minimum
height of three feet above grade (excepting supports) with a maximum
height as specified for accessory structures in that district or zone.
(g)
Ground-mounted solar energy systems for any nonresidential use
shall meet site plan review under this chapter and all land use regulations.
(3)
Large-scale solar energy systems. Large-scale solar energy systems
are permitted within the B-1 Business District and the I-Industrial
District as a primary use or as an accessory use upon issuance of
a special use permit and site plan approval by the Town of Marion
Planning Board, consistent with the requirements of the Town of Marion
Zoning Law. In these B-1 and I-1 Districts, as a primary use, up to
50% lot coverage is permitted. As accessory use, 20% of the lot may
be used for the solar installation. A buffer must be installed and
the solar installation must be greater than 250 feet from a residence.
(4)
Large-scale solar energy systems are permitted within the A-C, Agriculture-Conservation
as an accessory use (i.e., on the same parcel) to support agriculture
production activities up to 120% of actual annual usage as verified
by the most recent three years of electricity use. It must be located
65 feet from right-of-way lines, 50 feet from a neighboring property
line, and 250 feet from a residence. It will be constructed with a
minimum underside clearance of three feet and shall have maximum height
of 25 feet.
(5)
Large-scale solar energy systems are permitted within the A-C, Agriculture-Conservation
Zone if such systems are producing electricity or heat primarily (more
than 20%) for off-premises sale or consumption. This nonagricultural
(industrial) use will have the following additional stipulations apply:
(a)
There will be permitted a total amount of 240 acres within the Town of Marion Ag District that can be utilized for production of solar power for sale and consumption off-premises under this Subsection E(5). This number of acres is approximately 2% of this A-C District of nearly 12,000 acres that are within Marion Township as it is constituted in 2018, the year of adoption of this article. It is determined that installation of solar electricity or heat-producing systems under this Subsection E(5) that exceeds 2% of that acreage is inappropriate use of Ag land protected under New York State Ag Districts laws and local zoning laws.
(b)
There must be a fifty-foot setback from an interior property
line unless abutting another industrial use parcel. Setback including
buffer width shall be 65 feet from the right-of-way. Installation
must be buffered and 250 feet from a residence.
(c)
All panels or arrays must be three feet underside clearance
and maximum height of 25 feet.
(d)
No wooded areas larger than five acres are to be removed for the siting of an industrial solar energy system as regulated in this Subsection E(5).
(e)
Any and all projects under this Subsection E(5) must be located on a single parcel of 10 or more acres.
(f)
These installations are considered industrial overlays of a scale set by this Subsection E(5); approved by special use permit and site plan review approval and all stipulations of the B-1 and I-1 Zones shall apply. Zoning automatically reverts back to Agriculture-Conservation (A-C) upon ceasing to operate as a solar energy system or found in noncompliance with permits for one year.
F.
Submission requirements. For all large-scale solar energy systems,
the applicant shall submit the following information with an application
for a special use permit and application for site plan approval which
may be in addition to the information required on the Town site plan
checklist:
(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)
Blueprints showing the layout of the solar energy system signed by
a professional engineer or 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 plans that shall describe continuing
photovoltaic maintenance and property upkeep, such as mowing and trimming.
(5)
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, it shall be removed by the applicant
or any subsequent owner. The plan shall demonstrate how the removal
of all infrastructures 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. A cost estimate detailing the projected cost of executing
the decommissioning plan shall be prepared by a professional engineer
or 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 considered decommissioned after being considered abandoned,
the municipality may remove the system and restore the property and
impose a lien on the property to cover the costs to the municipality.
(6)
Bond. Proof of a bond with a surety recognized with the Town shall
be filed with the Town for one-and-one-half times the cost estimate
(alternatively, either an inflation clause using an acceptable index
of inflation shall be negotiated or a lesser amount shall be negotiated
if deemed adequate by an independent review and acceptable by the
Town Board) based on details of the projected cost of executing the
decommissioning plan and shall be provided along with the decommissioning
plan. A guaranteed letter of credit or cash may be considered in place
of a bond if similarly reviewed and accepted. In lieu of posting a
bond, the owner or developer shall be permitted to pay to the Town
of Marion an amount deemed sufficient by the Zoning Board of Appeals
to cover the cost of decommissioning. The cost estimate will be prepared
by a professional or contractor. The fund amount shall be paid to
the Town upon completion of the grid interconnection or may be paid
in annual installments over a period of five years, the first payment
being made at the time of grid interconnection. The owner or developer
posting funds pursuant to this section shall not earn any interest
on the funds posted. The Town shall be permitted to utilize the posted
funds to remove the facilities in the event the owner or developer
refuses to do so pursuant to the requirements of this chapter. Any
funds posted by the owner or developer remaining after the Town causes
the facilities to be removed shall be returned to the owner or the
developer.
(7)
PILOT (payment in lieu of taxes). The owner of land on which any
solar system installed pursuant to this statute that qualifies for
an exemption pursuant to Real Property Tax Law § 487 shall
enter into a payment-in-lieu-of-taxes agreement with the Town of Marion
for a period not to exceed 15 years and not to exceed the amount the
property owner would have been exempt pursuant to § 487.
G.
Additional standards for issuing a special use permit. The following
standards shall be the basis for an approval of a special use permit
for a large-scale solar system and shall be satisfied in addition
to the general requirements elsewhere in the Zoning Law for special
use permits. These standards will, as well, all be considered as part
of the site plan review process.
(1)
Height. Large-scale solar energy systems shall not exceed 25 feet in height when ground mounted. Roof-mounted systems shall adhere to the height requirements of the underlying zoning district and provisions elsewhere in this § 308-47.
(2)
Setbacks. All solar energy systems shall adhere to the setback requirements
of the underlying zoning district.
(3)
Lot size. Large-scale energy systems shall be located on lots with
a minimum lot size of 10 acres.
(4)
Solar panels shall not occupy more than 20% of the lot except as allowed elsewhere in this § 308-47.
(5)
All large-scale solar energy systems shall be enclosed by fencing
to prevent unauthorized access. Warning signs with the owner's contact
information shall be placed on the entrance and perimeter of the fencing.
(6)
Reasonable accessibility for emergency services vehicles shall be
required and no photovoltaic system shall be permitted or installed
until evidence has been given to the Town Clerk that the local fire
department has been notified and verification that fire department
concerns have been addressed.
(7)
To the extent practical, all new distribution lines to any building,
structure or utility connection must be located below ground.
(8)
All solar energy equipment must have a UL listing or equivalent.
(9)
All active large-scale solar energy systems shall meet all requirements
of the New York State Energy Research and Development Authority and
the New York Uniform Fire Prevention and Building Code and shall be
inspected by the Town of Marion Code Enforcement Officer.
(10)
Utility notification. No grid-tied photovoltaic system shall
be installed until evidence has been given to the Town Board that
the owner has been approved by the utility company to install the
system. Off-grid systems shall be exempt from this requirement.
(11)
Buffer zones shall be proposed and require approval of the Town
of Marion Planning Board during the permitting process. There shall
be plantings/fencing on the right-of-way side of the perimeter fencing,
to screen the solar structures.
(12)
Appropriate review shall be undertaken to determine the potential
environmental impact of a project, including a State Environmental
Quality Review, as well as site plan review as outlined in the Town
of Marion Zoning Law.
(13)
No two or more parcels, whether one or multiple owners, may
support one solar energy system installation.
(14)
A solar energy system special use permit must be reviewed every
five years. This process would involve return to the approving agency
to review compliance and also to consider any changes or upgrades
the applicant may wish to consider.
H.
Applicable to all solar systems.
(1)
Abandonment. Solar energy systems are considered abandoned after
366 days without electrical energy generation and must be removed
from the property within one year of written notice.
I.
Severability/validity. If any part or provision of this article,
or the application thereof, to any person or circumstance be adjudged
invalid by any court of competent jurisdiction, such judgment shall
be confined in its operation to the part, provision or application
directly involved in the controversy in which such judgment shall
have been rendered, and shall not affect or impair the validity of
the remainder of this article, or application thereof to other persons
or circumstances, and the Town Board of the Town of Marion hereby
declared that it would have passed this article or the remainder thereof
had such invalid application or invalid provision been apparent.
J.
Repealer. All ordinances, local laws and parts thereof inconsistent
with this article are hereby repealed.
K.
When effective. This article shall take effect immediately when it
is filed in the Office of the New York State Secretary of State in
accordance with § 27 of the Municipal Home Rule Law.