[Added 4-17-2018 by L.L. No. 3-2018]
The purpose of this article is to facilitate the development and operation of solar energy systems. Solar energy systems may be appropriate in all zoning districts when measures are taken, as provided in this chapter, to minimize adverse impacts on neighboring properties and protect the public health, safety and welfare.
A. 
Where applicable, and unless more restrictive regulations also apply, the requirements of this chapter shall apply to all solar energy systems.
B. 
Where site plan review and approval is required elsewhere in the regulations of the Village for a development or activity, the review shall include a determination of the adequacy, location, arrangement, size, design, and general site compatibility of any proposed solar energy system.
C. 
All solar energy system installations must be performed by a qualified installer, in accordance with applicable electrical and building codes, the manufacturer's installation instructions, and industry standards. Prior to operation all electrical connections must be inspected by the Village Code Enforcement Officer, or by an appropriate electrical inspector or agency, as determined by the Village. In addition, any connection to the public utility grid must be inspected by the appropriate public utility.
D. 
If batteries are included as part of the solar energy system, then, when in use, they must be placed in a secure container or enclosure meeting New York State Building Code requirements and, when no longer used, shall be disposed of in accordance with the laws and regulations of Broome County and other applicable laws and regulations.
E. 
If a solar energy system ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the solar energy system no later than 90 days after the end of such twelve-month period.
Minor solar energy systems are permitted in all zoning districts in the Village as an accessory use. Building permits shall be required for installation of minor solar energy systems. All minor solar energy systems shall be designed and located in order to prevent reflective glare toward any roads and buildings on neighboring properties. All minor solar energy systems sited at grade shall also be located in a side or rear yard.
A. 
Major solar energy systems are prohibited in the following districts: NC, USF, SSF, UTF, UMF, and SMF.
B. 
In all other districts, major solar energy systems are permitted by special permit pursuant to Article 66 of the Zoning Code, subject to site plan approval from the Village Planning Board and the granting of all other necessary approvals. Each system, along with its site and stormwater management plan, shall be reviewed by the Village Engineer prior to final system and plan approval.
C. 
In addition to those requirements set forth in Articles 63 and 66 of the Zoning Code, governing site plan and special permit approval, the following terms and conditions apply to all major solar energy systems:
(1) 
Lot coverage. The total coverage of all buildings and structures on a lot shall not exceed the lesser of that allowed in the district, or 75% of the total parcel area.
(2) 
Height and setback restrictions.
(a) 
The maximum height for system components located on the ground or attached to a framework located on the ground shall not exceed 15 feet in height above ground. The maximum height for system components located on a roof or attached to a framework located on the roof shall not exceed the maximum building height allowed in the district.
(b) 
All system components shall have a fifty-foot setback from any property line or, if the parcel adjoins a residential use, a setback of 200 feet from the property line adjoining the residential use, unless, in either case, the district's regulations require a greater setback.
(c) 
The owner or operator shall provide a landscaped buffer around all system components to provide year round screening from neighboring properties and roads.
(3) 
Design standards.
(a) 
Removal of trees and other existing vegetation shall be minimized or offset with planting elsewhere on the property.
(b) 
Roadways within the site shall be constructed of impervious materials and shall be designed to meet the requirements for a fire access road as detailed in the Fire Code of New York State.
(c) 
All on-site utility and transmission lines shall, to the extent feasible, be placed underground.
(d) 
All components shall be designed and located in order to prevent reflective glare toward any roads or buildings on neighboring properties.
(e) 
All mechanical 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.
(f) 
Each system shall be designed to minimize the total acreage of developed land.
(g) 
There shall be a minimum of one parking space to be used in connection with the maintenance of the system. Such parking space shall not be used for the permanent storage of vehicles.
(4) 
Other criteria.
(a) 
A major solar energy system to be connected to the utility grid shall provide a proof of concept letter from the utility company acknowledging the solar farm will be connected to the utility grid in order to sell electricity to the public utility.
(b) 
Signs.
[1] 
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 with an emergency phone number where the owner and operator can be reached on a twenty-four-hour basis.
[2] 
A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.
(c) 
A system owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. The owner or operator shall be responsible for the cost of maintaining the major solar energy system and any access road(s), unless accepted as a public way.
(5) 
Abandonment.
(a) 
All applications for a major solar energy system shall be accompanied by a decommissioning plan to be implemented upon abandonment, or cessation of activity, or in conjunction with removal of the facility, prior to issuance of a building permit.
(b) 
An applicant's failure to begin and make substantial steps towards completion of the project within 18 months after receiving final site plan approval may be deemed abandonment of the project and require implementation of the decommissioning plan to the extent applicable.
(c) 
The decommissioning plan must ensure the site will be restored to a useful, nonhazardous condition without delay, including, but not 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] 
The plan shall include a period for the completion of site restoration work.
(d) 
In the event the facility is not completed and functioning within 18 months of the issuance of the final site plan approval, the Village may notify the operator and/or the owner to complete construction and installation of the facility within 180 days. If the owner and/or operator fails to perform, then, absent good cause shown, the Village may notify the owner and/or operator to implement the decommissioning plan. The decommissioning plan must be completed within 180 days of notification by the Village.
(e) 
Upon cessation of activity of a constructed facility for a period of one year, the Village may notify the owner and/or operator of the facility to implement the decommissioning plan. Within 180 days' of notice being served, the owner and/or operator can either restore operation equal to 80% of approved capacity, or implement the decommissioning plan.
(f) 
If the owner and/or operator fails to fully implement the decommissioning plan within the 180-day time period, the Village may, at its discretion, provide for the restoration of the site in accordance with the decommissioning plan and may recover all expenses incurred for such activities from the defaulted owner and/or operator. The cost incurred by the Village shall be assessed against the property, shall become a lien and tax upon the property, and enforced and collected with interest by the same officer and in the same manner as other taxes.
(g) 
The site developer shall purchase a bond not less than 20% of the project installation cost prior to permits being issued for any major solar energy system project. The bond shall be in place for the life of the facility and shall be used to fund the decommissioning of the facility in the event it is abandoned. The bond shall be reviewed and approved by the Village attorney prior to the issuance of project-related building permit.