Extension, enlargement or new construction of railroads, pipelines,
telephone and electric transmission lines and other telecommunication
facilities shall be undertaken in accordance with Town law after approval
by the Town Board.
For safety reasons, on a corner lot in any district no obstruction
to vision shall be erected, placed, planted or permitted to grow within
the triangular area formed by the right-of-way lines of the intersecting
roads and a diagonal line connecting a point on each right-of-way
line and located 30 feet from their intersection.
A.
The following off-street parking spaces (see § 150-3, Definitions) shall be provided and satisfactorily maintained by the owner of the property which, after the date of enactment of this chapter, is erected, enlarged or altered for any of the following purposes:
(1)
Dwelling:
at least one parking space for each dwelling unit in the building
or buildings.
(2)
Place
of public assembly: at least one parking space for each eight seats
provided for occupants, based on maximum seating capacity.
(3)
Restaurant
or other eating place: at least one parking space for each five seats.
(4)
Office
building: at least one parking space for each 300 square feet of office
floor area.
(5)
Industrial
or manufacturing establishment: at least one parking space for each
400 square feet of gross floor area or for each five workers.
B.
All parking spaces shall be located on the same lot with the principal
building except that the Board of Appeals may grant an area variance
to allow the spaces to be on any lot in proximity to the principal
building if it determines that it is impractical to provide parking
on the same lot with the principal building.
[Added 2-21-2022 by L.L. No. 1-2022]
A.
Applicability. The Tier 3 Solar Energy Systems Overlay Zone District
shall apply to a property in conjunction with and in addition to the
uses and dimensional controls of the underlying zoning district. Zoning
regulations applicable to Tier 3 Solar Energy Systems Overlay Zone
Districts as defined in this Code, shall supersede the requirements
of the underlying zoning if they are in conflict.
B.
Establishment of Tier 3 Solar Energy Systems Overlay District. The
Town Board, on recommendation of the Town Zoning Board of Appeals,
or at the request of a property owner or on the Board's own initiative
may expand or establish a Tier 3 Solar Systems Overlay Zone District
on any property in the Town as set forth in the Code.
[Amended 9-19-2022 by L.L. No. 5-2022]
C.
Requirements.
(1)
In addition to the procedural requirements applicable to a zone
change mandated by Fabius Town Code and/or the New York State Law,
the Town Board shall provide at least 30 days for the Town Zoning
Board of Appeals to review and comment on any new District or expanded
boundary modification.
[Amended 9-19-2022 by L.L. No. 5-2022]
(2)
All proposals shall include the following:
(a)
A survey showing property boundaries, proposed overlay zone
boundary and underlying zone district classification.
(b)
Concept site plan being a map drawn to scale prepared by a licensed
engineer which graphically depicts the proposed improvements to the
property including topographical features, system footprints, travel
ways, access location drainage facilities, lighting, landscaping,
buffering, fencing and signs.
(c)
Map of surrounding land uses and structures within 1,000 feet
of the site.
(d)
Narrative discussion of how the site relates to the scenic quality
of the area and the impacts, if any, upon the landscape, proposed
mitigating measures and the availability of alternate sites.
(e)
Proof of ownership of the land proposed for the overlay districts.
(f)
A completed longform environmental assessment form.
(g)
Present land use.
(3)
The Town Board may designate an applicant or agency to provide
the necessary information and may require that additional information
be provided in order to render a decision, at the expense of the applicant.
D.
Permitted structures and uses.
(1)
Tier 3 solar energy systems, as defined in § 150-27.2C in the Code, and support facilities regularly and customarily used to operate solar energy systems, shall be permitted only within the Solar Energy System Overlay Zone upon the issuance of a special use permit pursuant to § 150-27.2 of the Code.
(2)
Structures shall be subject to the applicable controls restrictions
of the underlying zoning.
E.
Locational guidelines for Solar Energy System Overlay Zone Districts.
In considering a zone change, the Town Board shall, to the extent
practicable, and in and in its own discretion, seek to:
(1)
The preservation of prime farm land is of imperative importance.
(2)
Prevent saturation of solar energy systems in any one area of
the Town.
(3)
To avoid saturation, no Tier 3 Solar Energy System Overlay Zone
District shall be approved if it is within one mile of an already
approved Tier 3 solar energy system unless the Town Board make specific
findings that it will not have a significant effect on the community
character and or prime farm land of the area. There is a presumption
that citing a Tier 3 solar energy systems within one mile of an existing
Tier 3 solar energy system will have a significant effect on community
character and or prime farm land and the burden is on the applicant
to prove otherwise.
(4)
Avoid sites that substantially contribute to and are important
to the scenic quality of the landscape.
(5)
Assess the availability and feasible use of alternate sites.
F.
If an application for a Solar System Overlay District is approved,
the applicant shall then proceed with an application under the Code
for a Tier 3 solar energy system permit.
[Added 2-21-2022 by L.L. No. 2-2022]
A.
Authority.
This Solar Energy Local Law is adopted pursuant to Sections 261-263
of the Town Law and Section 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 Town 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.
B.
Statement
of purpose. This Solar Energy Local Law is adopted to advance and
protect the public health, safety, and welfare of the Town by creating
regulations for the installation and use of solar energy-generating
systems and equipment, with the following objectives:
(1)
To take advantage of a safe, abundant, renewable and non-polluting
energy resource;
(2)
To decrease the cost of electricity to the owners of residential
and commercial properties, including single-family houses;
(3)
To increase employment and business development in the Town,
to the extent reasonably practical, by furthering the installation
of solar energy systems;
(4)
To mitigate the impacts of solar energy systems on environmental
resources such as important agricultural lands, forests, wildlife,
and other protected resources; and
(5)
To maintain the rural character of the Town of Fabius and to
intergrate solar energy usage in the Town in such a way as to minimize
the visual impact on the community.
C.
BUILDING-INTEGRATED SOLAR ENERGY SYSTEM
FARMLAND OF STATEWIDE IMPORTANCE
GLARE
GROUND-MOUNTED SOLAR ENERGY SYSTEM
NATIVE PERENNIAL VEGETATION
POLLINATOR
PRIME FARMLAND
QUALIFIED SOLAR INSTALLER
ROOF-MOUNTED SOLAR ENERGY SYSTEM
SOLAR ACCESS
SOLAR ENERGY EQUIPMENT
SOLAR ENERGY SYSTEM
(1)
(2)
(3)
SOLAR PANEL
STORAGE BATTERY
Definitions.
As used in this section, 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.
Land, designated as "Farmland of Statewide Importance" in
the U.S. Department of Agriculture Natural Resources Conservation
Service's (NRCS) Soil Survey Geographic (SSURGO) Database on
Web Soil Survey, that is of state wide importance for the production
of food, feed, fiber, forage, and oil seed crops as determined by
the appropriate state agency or agencies. Farmland of statewide importance
may include tracts of land that have been designated for agriculture
by state law.
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 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.
Land, designated as "Prime Farmland" in the U.S. Department
of Agriculture Natural Resources Conservation Service's (NRCS)
Soil Survey Geographic (SSURGO) Database on Web Soil Survey, that
has the best combination of physical and chemical characteristics
for producing food, feed, forage, fiber, and oil seed crops and is
also available for these land uses.
A person who has the skills and knowledge related to the
construction and operation of solar energy systems. Persons who are
on the list of eligible photovoltaic installers maintained by NYSERDA,
or who are certified by NABCEP, shall be deemed to be qualified. Persons
who are not on either of these lists, may be deemed qualified if the
Town Code Officer determines that they have adequate training and
experience to perform the installation safely.
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 are ground mounted solar energy
systems that are affixed to the ground either directly or by mounting
devices and are not attached or affixed to a building or structure.
All applications for Tier 2 solar energy systems are reviewed and
approved or denied by the Town Planning Board.
[Amended 9-19-2022 by L.L. No. 5-2022]
Tier 3 solar energy systems are systems that are not included
in the list for Tier 1 and Tier 2, solar energy systems. All applications
for Tier 3 solar energy systems are approved or denied by the Town
Board after review of the application, including the site plan application,
by the Planning Board and after the Planning Board has filed an advisory
report to the Town Board. This report must be filed with the Town
Board within 45 days of the completed application being filed with
the Town or such additional time as may be deemed appropriate by the
Town Board.
[Amended 9-19-2022 by L.L. No. 5-2022]
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.
D.
Applicability.
(1)
The requirements of this Local Law shall apply to all solar
energy systems permitted, installed, or modified in the Town after
the effective date of this Local Law, excluding general maintenance
and repair.
(2)
Solar energy systems constructed or installed prior to the effective
date of this Local Law shall not be required to meet the requirements
of this Local Law.
(3)
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 Local Law.
(4)
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 Code.
E.
General requirements.
(1)
A building permit shall be required for installation of all
solar energy systems and installation must be performed by qualified
solar installer as approved by Town Codes Officer.
(2)
Solar energy systems, unless a part of a Tier 3 solar energy
system, shall be permitted to provide for power for use by owners,
lessees, tenants, residents or other occupants of the premises on
which they are erected, but nothing contained in this provision shall
be construed to prohibit the sale of excess power through a net metering
arrangement in accordance with the New York Public Service Law or
similar state or federal statute. However, solar energy systems applications
in a residential setting and serving residential use on a single parcel
or lot shall be limited to 25 kW and 110% of energy consumed on the
site in the prior 12 months. Solar energy system application serving
a commercial or industrial use shall be limited to no more than 110%
of the energy consumed on the site in the prior 12 months.
(3)
Issuance of permits and approvals by the Town Board and Codes
Officer shall include review pursuant to the State Environmental Quality
Review Act ECL Article 8 and its implementing regulations at 6 NYCRR
Part 617 ("SEQRA").
(4)
Prior to operation, electrical connections must be inspected
by an appropriate licensed electrical inspection person or agency,
as determined by the Town. An electrical inspector must supply written
verification that all electrical connections pass inspection.
(5)
Connection to the public utility grid must be inspected by the
appropriate public utility and proof of inspection shall be provided
to the Town.
(6)
Solar energy systems shall be permitted only if they are determined
by the Town not to present any unreasonable safety risk, including
but not limited to weight load, resistance and ingress and egress
in the event of fire or other emergency.
(7)
Also energy systems shall comply with all relevant and applicable
provisions of the New York State Uniform Fire Prevention and Building
Code Standards.
(8)
If storage batteries are included as part of the solar energy
system, they must be placed in a secure container or enclosure under
the requirements of the New York State Uniform Fire Prevention and
Building Code when in use, and when no longer in use shall be disposed
of in accordance with the laws and regulations of the Town and other
applicable laws and regulations.
(9)
All utility services and electrical wiring/lines shall be placed
underground and otherwise be placed within the walls or unobstructive
conduit. Conduits or feeds which are laid on the roof shall be camouflaged
to blend in with the roof and reduce statically objectionable impacts.
(10)
If solar energy systems, except for Tier 3 systems which have
separate regulations under this law, cease to perform its originally
intended function for more than 12 consecutive months, the property
owner shall completely remove the system, mounts and all associated
equipment and components by no later than 90 days after written notice
from the Town. The zoning enforcement officer shall have the right,
at any reasonable time after notice, to enter in company of the owner
or his agent to ensure that the solar energy system remains operational.
(11)
Design, construction, operation and maintenance of the solar
energy system shall prevent direction, misdirection and or reflection
of solar arrays and/or glare onto neighboring properties, public roads,
public parks and public buildings.
(12)
Prior to the time of the issuance of a solar building permit,
the applicant/owner shall demonstrate to the code enforcement officer
a reliable and safe master method for the deenergizing of the solar
energy system in the event of an emergency.
F.
Permitting requirements for Tier 1 solar energy systems. All Tier
1 solar energy systems shall be permitted in all zoning districts
and shall be exempt from site plan review under this section, subject
to the following conditions for this type of solar energy system:
(1)
Roof-mounted Solar Energy Systems.
(a)
Roof-mounted solar energy systems shall incorporate the following
design requirements:
[1]
Solar panels on pitched roofs shall be mounted
with a maximum distance of eight inches between the roof surface and
the highest edge of the system.
[2]
Solar panels on pitched roofs shall be installed
parallel to the roof surface on which they are mounted or attached.
[3]
Solar panels on pitched roofs shall not extend
higher than the highest point of the roof surface on which they are
mounted or attached.
[4]
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.
[5]
Solar energy systems, to the extent possible, shall
have neutral paint colors to achieve harmony with the surrounding
area.
(b)
Glare: All solar panels shall have anti-reflective coating(s).
(2)
Building-intergrated solar energy systems shall be shown on
the plans submitted for the building permit application for the building
containing the system.
G.
Permitting requirements for Tier 2 solar energy systems.
(1)
Districts where allowed, Tier 2 solar energy systems are permitted
in all districts.
(a)
A solar/building permit and special use permit from the Planning
Board shall be required for the installation of all ground-mounted
solar energy systems.
[Amended 9-19-2022 by L.L. No. 5-2022]
(b)
Ground mounted solar energy systems are prohibited in front
yards. In addition, ground-mounted solar energy systems shall comply
with the most restrictive area, yard and total area/lot coverage restrictions
based on the specific zoning regulation in each applicable zoning
district in which the ground-mounted solar system is constructed.
Further, additional setbacks and yard requirements in total area/lot
coverage restrictions may be required by the Planning Board in order
to protect the public safety, health and welfare.
[Amended 9-19-2022 by L.L. No. 5-2022]
[1]
A front yard, for the purposes of this section
is defined as a line drawn parallel to the highway drawn on a point
from the corner of the residence or principal structure on the structure
closest to the highway.
(c)
Ground mounted solar energy systems shall only be permitted
on lots which are 20,000 square feet or larger.
(d)
The height of solar collector/panel in any amounts shall not
exceed 10 feet in height in R-1, R-2 and R-3 Districts and 15 feet
in A-1, A-2, B-1, Industrial and Commercial Districts when orientated
at the maximum tilt measured from the ground, including any base.
(e)
As a part of the special use permit review process, the Planning
Board will determine that a ground mounted solar energy systems shall
be screened to the extent possible from adjoining lots and street
rights-of-way through the use of architectural features, earth berms,
landscaping, fencing or other screen which will harmonize with the
character the property and the surrounding area.
[Amended 9-19-2022 by L.L. No. 5-2022]
(f)
The ground-mounted solar energy system shall be located in a
manner to minimize view and blockage reasonably for surrounding properties
and shading of property while still providing adequate solar access
for the solar energy system.
(g)
Neither the ground-mounted solar energy system nor any component
thereof shall be cited within any required buffer area, easement,
right-of-way or setback.
(h)
No special use permit shall be issued by the Planning Board
unless they determine that the proposed activity will:
[Amended 9-19-2022 by L.L. No. 5-2022]
(i)
The Planning Board may call for a public hearing as allowed
by the Code.
[Amended 9-19-2022 by L.L. No. 5-2022]
H.
Permitting requirements for Tier 3 solar energy systems. All Tier 3 Solar Energy Systems are permitted as hereinafter set forth after the approval of a Solar Energy System Overlay District by the Town Board, pursuant to the procedures set forth in Article VII, § 150-27.1 of the Fabius Town Code. All Tier 3 solar energy systems are permitted through the issuance of a special use permit within all zoning districts except for C-1, I-1, R-1 and R-2 Districts by the Town Board; and all systems are subject to the site plan application requirements as set forth in this section. In the granting of a special use permit, the Town Board will strive to permit the location of Tier 3 Solar Energy Systems in such a manner so that no one area or neighborhood in the Town would be over-burdened by the placement of Tier 3 Solar Energy Systems.
(1)
Applications for the installation of Tier 3 solar energy system
shall be:
(a)
Reviewed by the Code Enforcement Officer for completeness. Applicants
shall be advised within 15 business days of the completeness of their
application or any deficiencies that must be addressed prior to substantive
review.
(b)
Subject to a public hearing to hear all comments for and against
the application. The Town Board shall have a notice printed in a newspaper
of general circulation in the Town at least 10 days in advance of
such hearing. Applicants shall have delivered the notice by first
class mail to adjoining landowners or landowners within 500 feet of
the property at least 10 days prior to such a hearing. Proof of mailing
shall be provided to the Town Board at the public hearing. The public
hearing will take after the Town receives a complete application.
(c)
Referred to the County Planning Department pursuant to General
Municipal Law § 239-m and the Town Planning Board for site
plan review and advisory report.
(d)
Upon closing of the public hearing, the Town 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 by the Town Board for good cause shown.
(2)
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.
(3)
Vehicular paths. Vehicular paths within the site shall be designed
to minimize the extent of impervious materials and soil compaction.
(4)
Signage.
(a)
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.
(b)
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.
(5)
Glare. All solar panels shall have anti-reflective coating(s).
(6)
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.
(7)
Tree-cutting. Removal of existing trees larger than six inches
in diameter should be minimized to the extent possible.
(8)
Decommissioning.
(a)
Solar energy systems that have been abandoned for one year and/or
are not producing electricity for a period of one year at least 50%
of its intended usage, shall be removed at the owner's and/or
operator's expense, which at the owner's option may come
in part or whole from any security made with the Town.
(b)
A decommissioning plan signed by the owner and/or operator of
the solar energy system shall be submitted by the applicant as a part
of the application, addressing the following:
[1]
The cost of removing the solar energy system.
[2]
The time required to decommission and remove the
solar energy system from any ancillary structures.
[3]
The time required to repair any damage caused to
the property by the installation and removal of the solar energy system.
[4]
The Town at its option may obtain its own decommissioning
plan, the cost of which shall be paid for by the applicant.
(c)
Security, assessment of expenses and insurance.
[1]
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 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.
[2]
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.
The Town may also bring legal action action against the applicant
for any unrecovered losses.
[4]
Any expenses or losses incurred by the Town and
not reimbursed by any security in connection with the cost of removal
of abandoned equipment or other related items and legal fees and expenses
shall be levied and collected in the same manner as provided in the
Town Law for the levy and collection of a special ad valorem levy
on the real property on which the solar energy system is located.
This assessment shall be assessed on the next assessment against said
property, and the same shall be levied and collected in the same manner
as the regular Town tax.
[5]
Insurance. The applicant and/or owner shall maintain
a current insurance policy which will cover the installation and operation
of a Tier 3 project at all times in the minimum amount of $5,000,000
property and personal liability coverage and provide proof of such
policy to the Town on an annual basis.
(d)
Solar system overlay zoning conditions. All Tier 3 Solar Energy
Systems overlay zoning, prior to being placed on the Town of Fabius
zoning map, shall be conditioned upon the applicant obtaining:
[1]
The approval of the Town Board creating the Solar
Energy System Overlay District on the property. Said review shall
include a public hearing for overlay zoning approval.
[2]
Site plan approval from the Planning Board. Said
review shall include a public hearing for the site plan approval in
accordance with the provisions of the New York State Town Law.
[3]
A "glint and glare" study to be performed by the
applicant for any solar energy system greater than one megawatt (MW).
I.
Site plan application. For any solar energy system requiring a special
use permit, site plan approval by the Planning Board for Tier 2 applications
and an advisory report for Tier 3 applications shall be required.
Any site plan application shall include the following information:
[Amended 9-19-2022 by L.L. No. 5-2022]
(1)
Property lines and physical features, including roads, and all
improvements for the project site as shown on a current survey prepared
and signed by a licensed surveyor.
(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 Planning Board.
(10)
Prior to the issuance of the building permit or final approval
by the Town Board, engineering documents must be signed and sealed
by a New York State (NYS) licensed professional engineer or NYS registered
architect.
(11)
The Planning Board shall complete site plan review within 45
days from the receipt of all relevant and required documents from
the applicant and for Tier 3 applications, forward its report with
any recommendations to the Town Board unless the time is extended
by the Town Board.
(12)
Special and additional requirements for all Tier 3 applications:
(a)
Plans and drawings of the proposed Tier 3 installation signed,
marked and/or stamped by a professional engineer or architect registered
in New York State showing the proposed layout of the entire solar
farm along with a description of all components whether on-site or
off-site, existing vegetation and proposed clearing and grading of
all sites involved. Clearing and/or grading activities are subject
to review by the Town board and shall not commence until the issuance
of site plan approval. The plans and development plan shall be drawn
in sufficient detail and shall further describe:
[1]
Property lines and physical dimensions of the proposed
site, including contours at five-foot intervals.
[2]
Location, approximate dimensions and types of all
existing structure(s) and uses on the site.
[3]
Location and elevation of the proposed Tier 3 installation.
[4]
Location of all existing above-ground utility lines
showing the connection of the system to the utility line within 1,200
linear feet of the site.
[5]
Where applicable, the location of all transmission
facilities proposed for installation. All transmission lines and wiring
associated with a Tier 3 project shall be buried underground and include
necessary encasements in accordance with the National Electric Code
and Town requirements. The Town Board may recommend waiving this requirement
if sufficient engineering data is submitted by the applicant demonstrating
that underground transmission lines are not feasible or practical.
The applicant is required to show the locations of all proposed overhead
electric utility/-transmission lines, including substations and junction
boxes and other electrical components for the project on the site
plan. All transmission lines and electrical wiring shall be in compliance
with the public utility company's requirements for interconnection.
Any connection to the public utility grid must be inspected by the
appropriate public utility.
[6]
Location of all service structures proposed as
part of the installation and primary equipment sheds.
[7]
Landscape plan showing all existing natural land
features, trees, forest cover and all proposed changes to these features,
including size and type of plant material. The plan shall show any
trees and/or vegetation which is proposed to be removed for purposes
of providing greater solar access. Removal of existing trees larger
than six inches in diameter shall be minimized to the greatest extent
possible.
[8]
A berm, landscape screen, or any other combination
acceptable to the Town capable of screening the site, shall be provided
along any property line as may be required by the Planning Board during
review.
[9]
Soil type(s) at the proposed site.
[10]
Photographic simulations shall be included showing
the proposed solar farm along with elevation views and dimensions
and manufacturer's specifications and photos of the proposed
solar energy systems, solar collectors, solar panels and all other
components comprising the Tier 3 project.
[11]
Prior to the issuance of a solar/building permit,
certification from a professional engineer or architect registered
in New York State indicating that the building or structure to which
a solar panel or solar energy system is affixed, is capable of handling
the loading requirements of the solar panel or solar energy system
and various components.
[12]
Documentation of access to the project site(s),
including location of all access roads, gates, parking area, etc.
[13]
A plan for clearing and/or grading of the site
and a stormwater pollution prevention plan (SWPPP) for the site.
[14]
Documentation of utility notification, including
an electric service order number.
[a]
The manufacturer's or installer's identification
and appropriate warning signage shall be posted at the site and be
clearly visible.
[15]
Solar energy systems shall be marked in order
to provide emergency responders with appropriate warning and guidance
with respect to isolating the electric systems. Materials used for
marking shall be weather resistant. The marking shall be placed adjacent
to the main service disconnect location clearly visible from the location
where the lever is operated.
[16]
The height of the solar panel array shall conform
to the height restrictions for an accessory structure in the applicable
zoning district, but in no case shall exceed 15 feet measured from
the ground, and including any base or supporting materials. Neutral
paint colors, materials and textures may be required for Tier 3 projects
components, buildings and structures to achieve visual harmony with
the surrounding area.
[17]
The design, construction, operation and maintenance
of the solar energy system shall prevent the direction, misdirection
and/or reflection of solar rays and/or glare onto neighboring properties,
public roads, public parks and public buildings.
[18]
Artificial lighting of solar arms shall be limited
to lighting required for safety and operational purposes, shall be
shielded from all neighboring properties and public roads.
[19]
Noise: To the extent possible, all equipment that
produces noise shall be placed in the center of the solar array. Further
and at the property line of any solar energy system, the noise level
shall not exceed 60 dB.
J.
Special use permit.
(1)
Lot size.
(a)
The property on which a Tier 3 solar energy system is placed
shall meet the lot size requirements of the underlying zoning district.
(b)
Tier 2 solar energy systems are only permitted on lots that
are 20,000 square feet or larger.
(c)
Tier 3 solar energy systems are only permitted on lots that
are 75 acres or larger.
(2)
Setbacks.
(a)
All Tier 3 solar energy systems shall be set back at least 100
feet from all property lines unless the solar energy system crosses
multiple lots, then 100 feet from the exterior of the perimeter of
the combined lots.
(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 mono-poles 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.
[4]
All area within the fenced-in perimeter.
(b)
Lot coverage of Tier 3 solar energy system, as defined above,
shall not exceed 75% of the lot.
(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.
(6)
Screening and visibility.
(a)
Solar energy systems smaller than 10 acres 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 10 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, may 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.
[a]
The screening and landscaping plan shall specify
the locations, elevations, height, plant species, and/or materials
that will comprise the structures, landscaping, and/or grading used
to screen and/or mitigate any adverse aesthetic effects of the system,
following the applicable rules and standards established by the Town.
(7)
In granting a special use permit, the Board must find that the
application will:
K.
Agricultural resources. For projects located on agricultural lands:
(1)
The Town Board on any Tier 3 solar energy system located on
the areas that consist of prime farmland or farmland of statewide
importance shall give special consideration to the removal of such
farmland in granting a special use permit under this section.
(2)
To the maximum extent practicable, Tier 3 solar energy systems
located on prime farmland shall be constructed in accordance with
the construction requirements of the New York State Department of
Agriculture and Markets.
(3)
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 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.
L.
Ownership changes. If the owner or operator of the solar energy system
changes or the owner of the 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 Town of such change in
ownership or operator within 10 days of the ownership change by certified
mail to both the Town Clerk and Town Supervisor and addressed to the
Fabius Town Hall.
M.
Safety.
(1)
Solar energy systems and solar energy equipment shall be certified
under the applicable electrical and/or building codes as required.
(2)
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.
(3)
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 and any
applicable federal, state, or county laws or regulations.
N.
Permit time frame and abandonment.
(1)
The special use permit and site plan approval for a solar energy
system shall be valid for a period of 18 months after issue. In the
event construction is not completed in accordance with the final site
plan and special permit, as may have been amended and approved as
required by the Town Board within 18 months after approval, the Town
may extend the time to complete construction for 90 days and will
take into consideration any extensions required as a result of NYSERDA
requirements.
(2)
Upon cessation of electricity generation of a solar energy system
on a continuous basis for 12 months and/or the reduction of proposed
usage in the amount of 50% for 12 months, the Town may notify and
instruct the owner and/or operator of the solar energy system to implement
the decommissioning plan. Decommissioning must be completed within
200 days of notification.
(3)
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.
O.
Enforcement. Any violation of this Solar Energy Law shall be subject
to the same enforcement requirements, including the civil and criminal
penalties, provided for in the zoning or land use regulations of Town.
P.
Severability. 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.
Q.
Waiver. The Town Board may, under appropriate conditions or circumstances
and upon the request of an applicant in writing, and in their absolute
discretion, waive and or modify one or more of the submission and
or general requirements contained herein.
R.
Fees. Fees for application are those as established by the Town of
Fabius and it shall be the responsibility of the applicant to reimburse
the Town for any and all reasonable and necessary legal, engineering
and other professional fees incurred by the Town in reviewing and
administering an application for a solar energy system under this
section.
