[Adopted by the Town Board of the Town of Niles 10-11-2018 by L.L. No. 1-2018. Amendments noted where applicable.]
This chapter shall be known as the "Solar Law for the Town of
Niles."
As used in this chapter, the following terms shall have the
meaning indicated:
Any ground-mounted solar system with a total surface area
greater than 2,000 square feet.
Any roof-mounted or building-mounted solar system with total
surface area greater than 50 square feet or a ground-mounted solar
system with the total surface area greater than 50 square feet and
less than 2,000 square feet.
Any device, facility or system used to capture solar energy
and directly or indirectly convert it to electrical energy. Facilities
may include any solar collection devices, solar-related equipment,
light reflectors, concentrators, heat exchangers, solar photovoltaic
cell, panels, arrays, solar hot air or water collector devices, substations,
electrical infrastructure, transmission lines and other appurtenant
or accessory equipment, structures, buildings and facilities.
A.
Solar systems, including minor solar systems and major solar systems,
are permitted in all zoning districts in the Town.
B.
The installation of all solar systems shall be performed in accordance
with applicable electrical and building codes, the manufacturer's
installation instructions, and industry standards.
C.
Solar systems shall be designed and located in order to minimize
reflective glare toward any adjacent properties, roads, and inhabited
buildings.
D.
When solar storage batteries are included as part of a solar system,
they must be placed in a secure container or enclosure meeting the
requirements of the New York State Building Code. When any storage
battery can no longer be used, it shall be disposed of in accordance
with the laws and regulations of Cayuga County and other applicable
laws and regulations.
E.
When a solar system is part of a farm operation located within an
agricultural district as defined in Article 25AA of the NYS Agriculture
and Markets Law, it shall be considered to be part of the farm operation
and shall be exempt from the requirement to obtain site plan approval.
A solar system co-located on farm land as an unrelated and separate
principal use shall not be considered an exempted agricultural activity
and shall be subject to the provisions of this section.
A.
A building permit shall be required for all minor solar systems.
B.
Unless otherwise provided, applications for a minor solar system
may be reviewed and issued as a ministerial act by the Code Enforcement
Officer. However, where site plan approval, special use permit approval,
or any other regulatory approval is required elsewhere in the regulations
of the Town, those regulations shall govern.
C.
All minor solar systems are subject to the following requirements:
(1)
The minimum setback for any minor solar system shall be 75 feet from
the centerline of any public or private right-of-way. No minor solar
project shall be located within 250 feet of Owasco Lake or Skaneateles
Lake. These setback requirements shall not apply to roof-mounted systems.
(2)
The height of any ground-mounted minor solar system shall not exceed
20 feet in height above the ground.
(3)
The height of any roof-mounted or building-mounted minor solar system
shall not exceed six feet from the connection with the roof or building.
(4)
Ground-mounted minor solar systems must be located in the side and
rear yards. Minor solar systems may be located in the front yard only
upon determination by the Code Enforcement Officer that the side and
rear yards would provide limited solar collection. The Code Enforcement
Officer may, at his discretion, require site plan review for any minor
solar system located in the front yard.
(5)
All on-site utility lines shall, to the extent feasible, be placed
underground.
D.
Prior to operation of any minor solar system, the operator must:
A.
A building permit shall be required for all major solar systems.
B.
Site plan approval from the Planning Board shall be required for
all major solar systems.
C.
All major solar systems are subject to the following requirements:
(1)
The minimum setback for any major solar system shall be 200 feet
from the centerline of any public or private right-of-way. No major
solar project shall be located within 500 feet of Owasco Lake or Skaneateles
Lake.
(2)
The maximum height for any major solar system shall not exceed 20
feet in height above the mean grade of the ground upon which it sits.
(3)
The total surface area of any major solar system, together with all
accessory structures, aisles, alleyways, walkways, roads, and parking
areas, shall not occupy more than 80% of the lot.
(4)
Removal of trees and other existing vegetation shall be minimized,
and offset with planting elsewhere on the property. Based on site
specific conditions, including topography, adjacent structures, and
roadways, a landscaped buffer may be required to provide screening
from adjacent residential properties and roads.
(5)
Roadways within the site shall be constructed of materials appropriate
to the site and shall be designed to minimize the extent of roadways
constructed and soil compaction.
(6)
All on-site utility and transmission lines shall, to the extent feasible,
be placed underground.
(7)
All electrical equipment, including any structure for batteries or
storage cells, shall be enclosed by a minimum six-foot-high fence
with a self-locking gate and provided with landscape screening.
(8)
No major solar system shall produce noise in excess of 60 decibels,
as measured at each nearest property line.
(9)
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 and
phone number. A clearly visible warning sign concerning voltage must
be placed at the base of all pad-mounted transformers and substations.
Solar collection systems shall not be used for displaying any advertising
except for reasonable identification of the manufacturer or operator
of the system.
(10)
All major solar systems shall provide a sufficient property
operation and maintenance plan describing continuing system maintenance
and property upkeep, such as mowing and trimming.
(11)
At its discretion, the Town may require financial security for
any major solar project either through cash escrow account, bond,
letter of credit, or other finance security to ensure sufficient funds
are provided to cure any code violation or remove any abandoned or
decommissioned system.
(12)
All major solar systems shall provide a decommissioning plan
to be implemented upon abandonment, cessation of activity, or in conjunction
with removal of the facility. The decommissioning plan must ensure
the site will be restored to a useful, nonhazardous condition without
delay, including, but not limited to, the following:
(a)
Removal of aboveground and below-ground equipment, structures
and foundations;
(b)
Restoration of the surface grade and soil after removal of equipment;
(c)
Revegetation of restored soil areas with native seed mixes,
excluding any invasive species; and
(d)
A time frame for the completion of site restoration work.
(13)
Upon failure to complete construction of the major solar system
within 18 months or cessation of solar production for 12 months, the
Town may, at its discretion, serve written notice that the site must
be restored in accordance with the decommissioning plan. Upon service
of such notice, the owner and operator shall either repair the system
within 30 days or complete the decommissioning plan within the time
specified therein.
D.
Prior to operation of any major solar system, the operator must:
(1)
Have the system inspected and approved by the Code Enforcement Officer
and by any additional Town designated electrical inspector or agency;
(2)
Provide sufficient documents that any connection to the public utility
grid has been inspected and approved by the appropriate public utility;
and
(3)
Provide a copy of the site plan to the Fire Department and respond
to any question posed by the Fire Department.
