Certain applicants for solar energy systems will be required
to proceed via the Colden special use permit procedures and process
in order for the solar energy conversion system to be considered for
approval and building permit approval. Applications under this article
shall be made as described in this section. Applicants for a special
use permit to place, construct, and make a major modification to a
utility-scale solar energy system, or other solar energy conversion
system which is required to proceed via the special use permit method,
within the boundaries of the Town of Colden shall submit 12 sets of
the following information to the Town Board, who shall first present
it to the Colden Planning Board and/or a professional engineer or
consultant for an initial review, and then onto the Planning Board
for review and issuance of an advisory recommendation for consideration
by the Town Board. The Planning Board may make such additional referrals
to experts, consultants, or applicable engineering professionals as
it deems appropriate. No such application shall be deemed filed until
any required application fee has been paid by the applicant. For applicants
using the special use permit process, the following information shall
be contained in the application:
A.
A completed State Environmental Quality Review Act (SEQRA) long form
environmental assessment form (EAF). Compliance with the appropriate
SEQRA action type should be confirmed prior to submission.
B.
Other necessary permit information for a complete, non-piecemeal,
submission is:
(1)
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.
(2)
Documentation of access to the project site(s), including, but not
limited to location of all access roads, gates, and parking areas.
(3)
Documentation of the clearing, grading, stormwater and erosion control
plans.
(4)
Utility interconnection data, a copy of written notification to the
utility of the proposed interconnection and any related agreements
for the purchase of electricity.
(5)
One- or three-line electrical diagram detailing the solar energy
system installation, associated components, and electrical interconnection
methods, with all disconnects and over-current devices.
(6)
A property owner who has installed, or intends to install, a utility-scale
solar energy system or private 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 by the Town
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 Town Code.
C.
A site plan in accordance with the Town of Colden's site plan
requirements and drawn in sufficient detail as follows:
(1)
Plans and drawings of the solar energy system installation signed
by a professional engineer (PE) registered in New York State or a
registered architect (RA) showing the proposal 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;
(2)
Property lot lines and the location and dimensions of all existing
structures and uses within 500 feet of the solar panels;
(3)
Proposed fencing and/or screening for said project;
(4)
Any such additional information as may be required by the Town's
Planning Board, a Town professional engineer or consultant, the Colden
Town Board, the Town Attorney, the Town Code Enforcement Officer,
or other Town entity.
D.
Decommissioning plan: To ensure the proper removal of large utility-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 permit under this section.
The decommissioning plan must specify that after the utility-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 registered
New York State professional engineer or a professional solar decommissioning
contractor regularly engaged in the work scope involved for the decommissioning
plan. Cost estimates shall take inflation into account. Removal of
utility-scale solar energy systems must be completed in accordance
with the decommissioning plan. If the utility-scale solar energy system
is not 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.
Special use permits issued for utility-scale solar energy systems
shall meet the following conditions and restrictions:
A.
Maximum lot area: The maximum lot area used by the utility-scale
solar energy system shall be 40 acres.
B.
Setbacks: In addition to the setback requirements of the underlying
zoning district, any utility-scale solar energy system shall adhere
to the following setbacks:
(1)
A minimum 200 feet from all property lot lines bordering a residential
(R1, R2, R-RB) use district.
(2)
For utility-scale solar energy systems installed in Agricultural
(Ag) and Commercial (C) use district the location of said solar energy
system shall be placed no closer than the setback distances as below
from each property boundary for the parcel on which the system is
installed:
(3)
If parcel/lot is in Agricultural (Ag) Zoning, but is shown on the
current Town of Colden Zoning Map as a parcel/lot which has the first
300 feet of depth from the road frontage zoned as R1, R2 or R-RB,
then no portion or component of the utility-scale solar energy system
may be located within that frontage zoning (R1, R2, R-RB) except for
any existing overhead or proposed buried electrical wire infrastructure
associated with the solar energy system as proposed by the applicant.
(4)
From railroads: A minimum of 100 feet from any railroad (measured
from the railroad right-of-way).
(5)
From an inactive railroad's rail bed right-of-way corridor that
is part of the rail-banking system: A minimum of 100 feet from any
railroad roadbed in the rail-banking system (as measured from the
rail bed's right-of-way).
(6)
From schools, public parks: A minimum of 750 feet from all property
lot lines bordering a school or public park.
C.
Maximum overall height. The height of a utility-scale solar energy
system shall not exceed 15 feet when oriented at maximum tilt.
D.
There shall only be allowed one utility-scale solar energy system
per lot.
E.
If a utility-scale solar energy system is situated on a parcel/lot
which is at the edge of a zoning boundary (for example, the last parcel
in an Ag Zoning District which abuts to a residential parcel (R1,
R2, R-RB District), then additional screening via retaining existing
trees, suitable vegetation, plantings, or the topography, shall be
included in the site plan so as to screen the boundary parcel from
the visual impact of the solar energy system.
F.
All utility-scale solar energy systems, if located within 1,000 feet
of a public or private airfield/airport must, at the time of special
use permit submission include results of the Federal Solar Glare Hazard
Analysis Tool (SGHAT) for the Airport Traffic Control Tower (if any)
and for the final approach aircraft flight paths, consistent with
the current policy of the FAA for Review of Solar Energy Projects,
and any similar regulatory mandates which include private airfields
near the solar energy system's area.
G.
A utility-scale solar energy system shall adhere to all applicable
federal, state, county and Town of Colden laws and regulations, and
all building, plumbing, electrical, and fire codes. The applicant
is also required to obtain all necessary formal regulatory approvals
and/or permits from any federal, state, county, or local agency having
jurisdiction and approval requirements related to the completion of
a utility-scale solar energy system.
H.
Development and operation of a utility-scale solar energy system
shall not have a significant adverse impact on fish, wildlife, or
plant species or their critical habitats, or other significant habitats
identified by the Town of Colden, or other federal or state regulatory
agencies.
I.
The design, construction, operation, and maintenance of a utility-scale
solar energy system shall prevent the misdirection and/or reflection
of solar rays onto neighboring properties, public roads, and public
parks in excess of that which already exists.
J.
All structures and devices used to support solar collectors shall
be nonreflective and/or painted a subtle or earth-tone color.
K.
All transmission lines and wiring associated with a utility-scale
solar energy system shall be buried or utilize existing overhead transmission
line structures and include necessary encasements in accordance with
the National Electric Code and Town requirements. The applicant is
required to show the locations of all proposed overhead and underground
electric utility lines, including substations and junction boxes and
other electrical components for the project on the site plan.
L.
All transmission lines and electrical wiring shall be in compliance
with the utility company's requirements for interconnection.
M.
Artificial lighting of utility-scale solar energy systems shall be
limited to lighting required for safety and operational purposes and
shall be shielded from all neighboring properties and public roads.
N.
All utility-scale solar energy systems shall be enclosed by fencing,
of a minimum height of six feet, to prevent unauthorized access. Warning
signs with the owner's contact information shall be placed on
the entrance and perimeter of the fencing.
O.
Any signage used to advertise the solar energy facility shall be
in accordance with the Town's signage regulations.
P.
A berm, landscape screen, or other opaque enclosure or any combination
thereof acceptable to the Town capable of screening the site may be
required along any property line that abuts an existing residence.
Q.
After completion of a utility-scale solar energy system, the applicant
shall provide a post-construction certification from a professional
engineer (PE), registered in New York State, that the project complies
with applicable codes and industry practices, and that it has been
constructed and is operating according to the design plans.
R.
Clearing, grading, stormwater and erosion control:
(1)
It has been determined that much of the soil type classification
within the Town of Colden consists of highly and moderately erodible
soils types; therefore, erosion control and prevention is a critical
component of any solar energy system project. Therefore, the Town
will require formal documentation that any proposed solar energy project
will not cause a negative impact on the Town's soil resources.
This is especially true for large utility-scale solar energy systems;
therefore, Colden requires a determination that erosion will be addressed
in any development for solar energy systems.
(2)
Before the Town of Colden shall issue a clearing, grading, stormwater,
or building permit for a utility-scale solar energy system, the applicant
shall prepare an acceptable New York State Pollutant Discharge Elimination
System (SPDES), filed and issued in accordance with Environmental
Conservation Law, which fully defines the measures to be taken during
and after the construction phase(s) of the solar energy system as
required by law. When the permit coverage is received by the applicant,
a copy should be filed within five days with the Colden Code Enforcement
Officer for review.
(3)
Before the Town of Colden shall issue a clearing, grading, stormwater
or building permit for a utility-scale solar energy system, the applicant
shall submit a complete New York State stormwater pollution prevention
plan (SWPPP) to the Town for review and approval by the Planning Board
and/or their designated consultant or professional engineer, the Colden
Environmental Board, the Colden Code Enforcement Officer whom will
all supply advisory recommendations to the Town Board when they determine
approval status.
(4)
The applicant's SWPPP shall minimize the potential adverse impacts
on wetlands and Class I and II streams and the banks and vegetation
along those streams and wetlands and minimize erosion or sedimentation.
(5)
To assist in processing, if not mandated elsewhere, the SWPPP should
include a copy of the filed New York State Environmental Quality Review
Act (SEQRA) document(s), so that efficient review of both submittals
may be done by the Town's advisory boards as well as the Town
Board.
