[HISTORY: Adopted by the Town Board of the Town of Vernon
as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-8-2019 by L.L.
No. 2-2019[1]]
[1]
Editor's Note: References to the Planning Board have been
changed to the Zoning Board of Appeals throughout this chapter pursuant
to L.L. No. 1-2021, adopted 5-10-2021. Said local law abolished the
Planning Board and transferred the functions of the Planning Board
to the Zoning Board of Appeals.
Be it enacted by the Town of Vernon Town Board as follows: pursuant
to §§ 261 through 265 of the Town Law and § 20
of the Municipal Home Rule 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, in accordance with the law
of New York State, "to make provision for, so far as conditions may
permit, the accommodation of solar energy systems and equipment and
access to sunlight necessary therefor."
This solar energy article is adopted to advance and protect
the public health, safety, and welfare of the Town of Vernon by creating
regulations for the installation and use of solar energy generating
systems and equipment, with the following objectives:
A.
To take advantage of a safe, abundant, renewable and nonpolluting
energy resource;
B.
To decrease the cost of electricity to the owners of residential
and commercial properties, including single-family houses;
C.
To increase employment and business development in the Town to the
extent reasonably practical, by furthering the installation of solar
energy systems;
D.
To mitigate the impacts of solar energy systems on environmental
resources such as important agricultural lands, forests, wildlife
and other protected resources, and;
E.
To create synergy between solar and economic revitalization, as well
as the possibility of lowering utility bills for Town residents, to
make the Town more resilient during storm events, to decrease dependence
on the grid.
As used in this article, the following terms shall have the
meanings indicated:
A combination of solar panels and solar energy equipment
integrated into any building envelope system such as vertical facades,
semitransparent skylight systems, roofing materials, or shading over
windows, which produce electricity for onsite consumption.
The effect by reflections of light with intensity sufficient
as determined in a commercially reasonable manner to cause annoyance,
discomfort, or loss in visual performance and visibility in any material
respects.
A solar energy system that is anchored to the ground via
a pole or other mounting system, detached from any other structure,
that generates electricity for onsite or offsite consumption.
Native wildflowers, forbs, and grasses that serve as habitat,
forage, and migratory way stations for pollinators and shall not include
any prohibited or regulated invasive species as determined by the
New York State Department of Environmental Conservation.
Bees, birds, bats, and other insects or wildlife that pollinate
flowering plants, and includes both wild and managed insects.
A solar energy system located on the roof of any legally
permitted building or structure that produces electricity for onsite
or offsite consumption.
Space open to the sun and clear of overhangs or shade so
as to permit the use of active and/or passive solar energy systems
on individual properties.
Electrical material, hardware, inverters, conduit, storage
devices, or other electrical and photovoltaic equipment associated
with the production of electricity.
The components and subsystems required to convert solar energy
into electric energy suitable for use. The term includes, but is not
limited to, solar panels and solar energy equipment. The area of a
solar energy system includes all the land inside the perimeter of
the solar energy system, which extends to any interconnection equipment.
A solar energy system is classified as a Tier 1, Tier 2, or Tier 3
solar energy system as follows.
Tier 2 solar energy systems include ground-mounted solar energy
systems with system capacity up to 25 kW AC and that generate no more
than 110% of the electricity consumed on the site over the previous
12 months.
Tier 3 solar energy systems are systems that are not included
in the list for Tier 1 and Tier 2 solar energy systems.
A photovoltaic device capable of collecting and converting
solar energy into electricity.
A device that stores energy and makes it available in an
electrical form.
A.
The requirements of this article shall apply to all solar energy
systems permitted, installed, or modified in the Town of Vernon after
the effective date of this article, excluding general maintenance
and repair.
B.
Solar energy systems constructed or installed prior to the effective
date of this article shall not be required to meet the requirements
of this article.
C.
Modifications to an existing solar energy system that increase the
solar energy system area by more than 5% of the original area of the
solar energy system (exclusive of moving any fencing) shall be subject
to this article.
D.
All solar energy systems shall be designed, erected, and installed
in accordance with all applicable codes, regulations, and industry
standards as referenced in the NYS Uniform Fire Prevention and Building
Code ("Building Code"), the NYS Energy Conservation Code ("Energy
Code"), and the Town of Vernon Code.
A.
A Building permit shall be required for installation of all solar
energy systems.
B.
Local land use boards are encouraged to condition their approval
of proposed developments on sites adjacent to solar energy systems
so as to protect their access to sufficient sunlight to remain economically
feasible over time.
C.
Issuance of permits and approvals by the Zoning Board of Appeals
shall include review pursuant to the State Environmental Quality Review
Act [ECL Article 8 and its implementing regulations at 6 NYCRR Part
617 (SEQRA)].
D.
The NYS Unified Solar Permit, which is attached, shall be required
to be filled out before any building or zoning permit will be issued.
E.
The permitting fee for Tier 1 and Tier 2 solar energy systems shall
be $50. The permitting fee for Tier 3 solar energy systems shall be
$100, plus the reasonable cost of the reviewing board's outside consultant
fees (engineering, surveying, legal, etc.).
F.
The fee
to be charged for an application for the granting of a special use
permit to operate a commercial solar array shall be $20,000. This
amended fee may be further amended by the Town Board by mere resolution.
[Added 5-10-2021 by L.L. No. 2-2021]
All Tier 1 solar energy systems shall be permitted in all zoning
districts and shall be exempt from site plan review under the local
zoning code or other land use regulation, subject to the following
conditions for each type of solar energy system:
A.
Roof-mounted solar energy systems.
(1)
Roof-mounted solar energy systems shall incorporate, when feasible,
the following design requirements:
(a)
Solar panels on pitched roofs shall be mounted with a maximum
distance of eight inches between the roof surface the highest edge
of the system.
(b)
Solar panels on pitched roofs shall be installed parallel to
the roof surface on which they are mounted or attached.
(c)
Solar panels on pitched roofs shall not extend higher than the
highest point of the roof surface on which they are mounted or attached.
(d)
Solar panels on flat roofs shall not extend above the top of
the surrounding parapet, or more than 24 inches above the flat surface
of the roof, whichever is higher.
(2)
Glare: All solar panels shall have anti-reflective coating(s).
(3)
Height: All roof-mounted solar energy systems shall be subject to
the maximum height regulations specified for principal and accessory
buildings within the underlying zoning district.
B.
Building-integrated solar energy systems shall be shown on the plans
submitted for the building permit application for the building containing
the system.
All Tier 2 solar energy systems shall be permitted in all zoning
districts as accessory structures and shall be exempt from site plan
review under the local zoning code or other land use regulations,
subject to the following conditions:
A.
Glare: All solar panels shall have anti-reflective coating(s).
B.
Setbacks: Tier 2 solar energy systems shall be subject to the setback
regulations specified for the accessory structures within the underlying
zoning district. All Tier 2 ground-mounted solar energy systems shall
only be installed in the side or rear yards.
C.
Height: Tier 2 solar energy systems shall be subject to the height
limitations specified for accessory structures within the underlying
zoning district.
D.
Screening and visibility.
(1)
All Tier 2 solar energy systems shall have views minimized from adjacent
properties to the extent reasonably practicable.
(2)
Solar energy equipment shall be located in a manner to reasonably
avoid and/or minimize blockage of views from surrounding properties
and shading of property to the north, while still providing adequate
solar access.
E.
Lot Size: Tier 2 solar energy systems shall comply with the existing
lot size requirement specified for accessory structures within the
underlying zoning district.
Tier 3 solar energy systems are conditionally permitted through
the issuance of a special use permit within the A-1 Agricultural zoning
district, C-1 Commercial, CM Commercial Manufacturing District, and
PDET Planned Development Entertainment and Tourism and subject to
site plan application requirements set forth in this section.
A.
Applications for the installation of a Tier 3 solar energy system
shall be:
(1)
Reviewed by the Town Code Enforcement Officer for completeness. Applicants
shall be advised within 10 business days of the completeness of their
application or any deficiencies that must be addressed prior to substantive
review.
(2)
Subject to a public hearing to hear all comments for and against
the application, The Zoning Board of Appeals of the Town of Vernon
shall have a notice printed in a newspaper of general circulation
in the Town at least five days in advance of such hearing. Applicants
shall have delivered the notice by first-class mail to adjoining landowners
or landowners within 1,000 feet of the property at least five days
prior to such a hearing. Proof of mailing shall be presented to the
Zoning Board at the public hearing.
(3)
Referred to the Oneida County Department of Planning pursuant to
General Municipal Law § 239-m if required.
(4)
Upon closing of the public hearing, the Zoning Board shall take action
on the application within 62 days of the public hearing, which can
include approval, approval with conditions, or denial. The sixty-two-day
period may be extended upon consent by both the Zoning Board and applicant.
B.
Underground requirements. All on-site utility lines shall be placed
underground to the extent feasible and as permitted by the serving
utility, with the exception of the main service connection at the
utility company right-of-way and any new interconnection equipment,
including without limitation any poles, with new easements and right-of-way.
C.
Vehicular paths. Vehicular paths within the site shall be designed
to minimize the extent of impervious materials and soil compaction.
D.
Signage.
(1)
No signage or graphic content shall be displayed on the solar energy
systems except the manufacturer's name, equipment specification information,
safety information, and twenty-four-hour emergency contact information.
Said information shall be depicted within an area no more than eight
square feet.
(2)
As required by National Electric Code (NEC), disconnect and other
emergency shutoff information shall be clearly displayed on a light
reflective surface. A clearly visible warning sign concerning voltage
shall be placed at the base of all pad-mounted transformers and substations.
E.
Glare. All solar panels shall have anti-reflective coating(s).
F.
Lighting. Lighting of the solar energy systems shall be limited to
that minimally required for safety and operational purposes and shall
be reasonably shielded and downcast from abutting properties.
G.
Tree-cutting. Removal of existing trees larger than six inches in
diameter should be minimized to the extent possible.
H.
Decommissioning.
(1)
Solar energy systems that have been abandoned and/or not producing
electricity for a period of one year shall be removed at the owner's
and/or operator's expense, which at the owner's option may come from
any security made with the Town as set forth in Section 10(b)[1] herein.
[1]
Editor's Note: So in original.
(2)
A decommissioning plan signed by the owner and/or operator of the
solar energy system shall be submitted by the applicant, addressing
the following:
(3)
Security.
(a)
The deposit, executions, or filing with the Town Clerk of cash,
bond, or other form of security reasonably acceptable to the Town
attorney and/or engineer shall be in an amount sufficient to ensure
the good faith performance of the terms and conditions of the permit
issued pursuant hereto and to provide for the removal and restorations
of the site subsequent to removal. The site must be returned to pre-construction
condition. The amount of the bond or security shall be 125% of the
cost of removal of the Tier 3 solar energy system and restoration
of the property with an escalator of 2% annually for the life of the
solar energy system.
(b)
In the event of default upon performance of such conditions,
after proper notice and expiration of any cure periods, the cash deposit,
bond, or security shall be forfeited to the Town, which shall be entitled
to maintain an action thereon. The cash deposit, bond, or security
shall remain in full force and effect until restoration of the property
as set forth in the decommissioning plan is completed.
I.
Site plan application. For any solar energy system requiring a special
use permit, site plan approval shall be required. Any site plan application
shall include the following information:
(1)
Property lines and physical features, including roads, for the project
site.
(2)
Proposed changes to the landscape of the site, grading, vegetation
clearing and planting, exterior lighting, and screening vegetation
or structures.
(3)
A one- or three-line electrical diagram detailing the solar energy
system layout, solar collector installation, associated components,
and electrical interconnection methods, with all National Electrical
Code compliant disconnects and over current devices.
(4)
A preliminary equipment specification sheet that documents all proposed
solar panels, significant components, mounting systems, and inverters
that are to be installed. A final equipment specification sheet shall
be submitted prior to the issuance of building permit.
(5)
Name, address, and contact information of proposed or potential system
installer and the owner and/or operator of the solar energy system.
Such information of the final system installer shall be submitted
prior to the issuance of building permit.
(6)
Name, address, phone number, and signature of the project applicant,
as well as all the property owners, demonstrating their consent to
the application and the use of the property for the solar energy system.
(7)
Zoning district designation for the parcel(s) of land comprising
the project site.
(8)
Property operation and maintenance plan. Such plan shall describe
continuing photovoltaic maintenance and property upkeep, such as mowing
and trimming.
(9)
Erosion and sediment control and stormwater management plans prepared
to New York State Department of Environmental Conservation standards,
if applicable, and to such standards as may be established by the
Zoning Board of Appeals.
(10)
Prior to the issuance of the building permit or final approval by
the Zoning Board of Appeals, engineering documents must be signed
and sealed by a New York State (NYS) Licensed Professional Engineer
or NYS Registered Architect.
J.
Special use permit standards.
(1)
Lot size.
(a)
The property on which the Tier 3 solar energy system is placed
shall be more than five acres.
(2)
Setbacks.
(a)
The Tier 3 solar energy systems shall be set back 300 feet from
the center of the roadway, and 100 feet from the rear and side property
lines.
(3)
Height.
(a)
The Tier 3 solar energy systems shall comply with the building
height limitations for principal structures of the underlying zoning
district.
(4)
Lot coverage.
(a)
The following components of a Tier 3 solar energy system shall
be considered included in the calculations for lot coverage requirements:
[1]
Foundation systems, typically consisting of driven piles or
monopoles or helical screws with or without small concrete collars.
[2]
All mechanical equipment of the solar energy system, including
any pad mounted structure for batteries, switchboard, transformers,
or storage cells.
[3]
Paved access roads servicing the solar energy system.
(5)
Fencing requirements. All mechanical equipment, including any structure
for storage batteries, shall be enclosed by a seven-foot high fence,
as required by NEC, with a self-locking gate to prevent unauthorized
access. The reviewing Board may require the fence to be a "no sight"
fence.
(6)
Screening and visibility.
(a)
Solar energy systems shall have views minimized from adjacent
properties to the extent reasonably practicable using architectural
features, earth berms, landscaping, or other screening methods that
will harmonize with the character of the property and surrounding
area.
(b)
Solar energy systems larger than five acres shall be required
to:
[1]
Conduct a visual assessment of the visual impacts of the solar
energy system on public roadways and adjacent properties. At a minimum,
a line-of-sight profile analysis shall be provided. Depending upon
the scope and potential significance of the visual impacts, additional
impact analyses, including for example a digital viewshed report,
shall be required to submitted by the applicant.
[2]
Submit a screening and landscaping plan to show adequate measures
to screen through landscaping, grading, or other means so that views
of solar panels and solar energy equipment shall be minimized as reasonably
practical from public roadways and adjacent properties to the extent
feasible.
(7)
Agricultural resources. For projects located on agricultural lands:
(a)
Tier 3 solar energy system owners shall develop, implement,
and maintain native vegetation to the extent practicable pursuant
to a vegetation management plan by providing a native perennial vegetation
and foraging habitat beneficial to game birds, songbirds, and pollinators.
To the extent practicable, when establishing perennial vegetation
and beneficial foraging habitat, the owners shall use native plant
species and seed mixes.
A.
Solar energy systems and solar energy equipment shall be certified
under the applicable electrical and/or building codes as required.
B.
Solar energy systems shall be maintained in good working order and
in accordance with industry standards. Site access shall be maintained,
including snow removal at a level acceptable to the local fire department
and, if the Tier 3 solar energy system is located in an ambulance
district, the local ambulance corps.
C.
If storage batteries are included as part of the solar energy system,
they shall meet the requirements of any applicable fire prevention
and building code when in use and, when no longer used, shall be disposed
of in accordance with the laws and regulations of the Town of Vernon
and any applicable federal, state, or county laws or regulations.
A.
The special use permit and site plan approval for a solar energy
system shall be valid for a period of 18 months, provided that a building
permit is issued for construction or construction is commenced. In
the event construction is not completed in accordance with the final
site plan, as may have been amended and approved, as required by the
Zoning Board of Appeals, within 18 months after approval, the applicant
or the Town may extend the time to complete construction for 180 days.
If the owner and/or operator fails to perform substantial construction
after 24 months, the approvals shall expire.
B.
Upon cessation of electricity generation by a solar energy system
on a continuous basis for 12 months, the Town may notify and instruct
the owner and/or operator of the solar energy system to implement
the decommissioning plan. The decommissioning plan must be completed
within 360 days of notification.
C.
If the owner and/or operator fails to comply with decommissioning
upon any abandonment, the Town may, at its discretion, utilize the
bond and/or security for the removal of the solar energy system and
restoration of the site in accordance with the decommissioning plan.
Further, the Town may perform the decommissioning itself, and recover
all costs of such decommissioning, including reasonable attorneys'
fees. If necessary the Town's costs will be recoverable against the
owner of the land (including as a tax lien) and the operator of the
solar array, on a joint and several liability basis.
D.
If the owner or operator of the solar energy system changes or the
owner of the real property changes, the special use permit shall remain
in effect, provided that the successor owner or operator assumes in
writing all of the obligations of the special use permit, site plan
approval, and decommissioning plan. A new owner or operator of the
solar energy system shall notify the zoning enforcement officer of
such changes in ownership or operator within 30 days of the ownership
change.
Any violation of this article shall be subject to the same enforcement
requirements, including the civil and criminal penalties, provided
for in the zoning or land use regulations of the Town of Vernon and
the State of New York.
The invalidity or unenforceability of any section, subsection,
paragraph, sentence, clause, provision, or phrase of the aforementioned
sections, as declared by the valid judgment of any court of competent
jurisdiction to be unconstitutional, shall not affect the validity
or enforceability of any other section, subsection, paragraph, sentence,
clause, provision, or phrase, which shall remain in full force and
effect.
This article will become effective when filed with the New York
Secretary of State.
