[HISTORY: Adopted by the Town Board of the Town of Bristol 12-9-2019 by L.L. No. 2-2019; amended in its entirety 4-12-2021 by L.L. No. 1-2021. Subsequent amendments
noted where applicable.]
This solar energy chapter is adopted pursuant to §§ 261
through 263 of the New York State Town Law, which authorizes the Town
of Bristol to adopt zoning regulations that advance and protect the
health, safety, and welfare of the community, and to make provisions
for, so far as conditions may permit, the accommodation of solar energy
systems and equipment, and access to sunlight necessary therefor.
A.
The intent of this chapter of the Town Code is to preserve and encourage
a clean, naturally beautiful, rural environment with carefully planned
growth and increased recreational opportunities, while promoting the
preservation of agricultural lands.
B.
Solar energy is a renewable energy resource that can reduce fossil
fuel emissions and lower a municipality's energy load. Energy generated
from solar energy systems can be used to offset energy demand on the
grid where excess solar power is generated.
C.
The use of solar energy equipment for the purpose of providing electricity
and energy for heating and/or cooling is encouraged and is a necessary
component of the Town of Bristol current and long-term sustainability
agenda, and further implements the goals set forth in the Town of
Bristol's Comprehensive Plan.
D.
The requirements
of this chapter shall apply to all solar energy systems modified or
installed after the effective date of this chapter.
E.
All solar
energy systems shall be designed erected and installed in accordance
with the zoning regulations of the Town of Bristol.
F.
Solar energy
collectors shall be permitted to provide power for use by owners,
lessees, tenants, residents, or other occupants of the premises on
which they are erected. In addition, nothing contained in this provision
shall be construed to prohibit "community solar" installations or
the sale of excess power through a "net billing" or "net metering"
arrangement.
G.
Building-integrated
photovoltaic (BIPV) systems: BIPV systems shall be required to follow
the regular permitting process in all zoning districts.
As used in this chapter, the following terms shall have the
meanings indicated:
That portion of the established development parcel which
can be devoted to buildings, structures, and other impervious surfaces
and shall not include undevelopable lands including, but not limited
to, regulated wetlands, regulated watercourses/waterbodies, or protected
lands or habitats.
A combination of photovoltaic building components integrated
into any building envelope system such as vertical facades including
glass and other facade material, semitransparent skylight systems,
roofing materials, and shading over windows.
Centralized solar facilities owned by shareholders, who receive
credits on their electricity bill for the power produced. These are
sometimes referred to as a "shared solar array" or "solar garden."
A solar energy system that is directly installed on the ground
and is not attached or affixed to an existing structure.
The height of a solar collector is calculated as perpendicular
from the ground to the highest point.
A solar energy system that exceeds 1,000 square feet in total
area and/or has a rated direct current capacity of 25 kilowatts or
more.
A billing arrangement that allows solar customers to get
credit for excess electricity that they generate, and deliver back
to the grid, so that they only pay for their net electricity usage.
A solar energy system that produces electricity by the use
of semiconductor devices, called photovoltaic cells, that generate
electricity whenever light strikes them.
A contract between two or more parties, one which generates
electricity (the seller) and the other who is looking to purchase
electricity (the buyer). The PPA defines all of the commercial terms
for the sale of electricity between the two parties, including when
the project will begin commercial operation, schedule for delivery
of electricity, payment terms, and termination. This is also known
as an "electricity power agreement."
A solar power system in which solar panels are mounted on
top of the structure of a roof either as a flush-mounted system, or
as modules fixed to frames, which can be tilted toward the south at
an optimal angle.
A solar energy system that is ground-mounted or roof-mounted
and does not exceed 1,000 square feet in total area coverage and has
a rated direct current capacity of less than 25 kilowatts. The total
area coverage shall include buildable area that is used for all equipment
associated with the solar project.
Space open to the sun and clear of overhangs or shade, including
the orientation of streets and lots to the sun, so as to permit the
use of active and/or passive solar energy systems on individual properties.
A solar photovoltaic cell, panel, or array, or solar hot
air or water collector device, which relies upon solar radiation as
an energy source for the generation of electricity or transfer of
stored heat.
An easement recorded pursuant to New York Real Property Law
§ 335-b, the purpose of which is to secure the right to
receive sunlight across real property of another for continued access
to sunlight necessary to operate a solar collector.
Solar collectors, controls, heat pumps, heat exchangers,
and other materials, hardware or equipment necessary to the process
by which solar radiation is collected, converted into another form
of energy, stored, protected from unnecessary dissipation, and distributed.
Solar systems include solar thermal, photovoltaic, and concentrated
solar.
A.
The unified solar permitting process is available to all districts
in the Town of Bristol for eligible photovoltaic installations that
meet the following criteria:
(1)
Has a rated direct current capacity of less than 25 kilowatts.
(2)
Does not require a zoning variance or special use permit.
(3)
Is mounted on a permitted roof structure, or a legal accessory structure
as shown on a site plan showing location of major components of the
solar and other equipment. The plan should represent relative location
of components at site, including, but not limited to, location of
array, existing electrical service location, utility meter, inverter
location, system orientation and tilt angle. This plan should show
access and pathways that are compliant with New York State Fire Code,
if applicable.
(4)
The solar installation contractor complies with all licensing and
other requirements of the Town of Bristol and New York State.
(5)
If the structure is a sloped roof, solar panels are mounted parallel
to the roof surface.
B.
If an applicant cannot meet the criteria for a New York State Unified
Permit, they must submit a site plan and a special use permit application
provided through the Town of Bristol Code Enforcement Office. The
installation will then be subject to review by the Zoning Board of
Appeals for special use permit and the Planning Board for site plan
approval.
A.
No small-scale solar energy system or device shall be installed or
operated in the Town of Bristol except in compliance with this chapter.
B.
To the extent practicable, and in accordance with Town Law, the accommodation
of solar energy systems and equipment and the protection of access
to sunlight for such equipment shall be encouraged in the application
of the various review and approval provisions of the Town of Bristol
Code.
C.
The equipment
specifications shall be documented and submitted for all photovoltaic
panels, electrical components, mounting systems, and inverters that
are to be installed.
D.
Rooftop
and building-mounted solar collectors: Rooftop and building-mounted
solar collectors are permitted as an accessory use in all zoning districts
in the Town of Bristol when attached to any lawfully existing and
lawfully permitted building subject to the following conditions:
(1)
Building
permits, electrical permits and or Unified Solar Permits shall be
required for installation of all rooftop and building-mounted solar
collectors;
(2)
Rooftop
collectors must be mounted at the same angle as the roof's surface
with a maximum distance of 18 inches between the roof and the highest
edge of the system.
E.
Ground-mounted
and freestanding solar collectors: Ground-mounted and freestanding
solar collectors are permitted as accessory structures in all zoning
districts of the Town of Bristol, subject to the following conditions:
(1)
Building
permits, electrical permits and or Unified Solar Permits are required
for the installation of all ground-mounted solar collectors.
(2)
The
location of the solar collector will have a setback equal to two times
the setback that is required for accessory structures in the zoning
district in which it is located.
(3)
The
height of the solar collector and any mounts shall not exceed 12 feet
when oriented at maximum tilt.
F.
Planning
and zoning regulations:
(1)
All
such systems in residential zoning districts may be installed on all
areas of a parcel in accordance with local planning and zoning regulations.
(2)
Freestanding
solar energy collectors shall be screened when possible and practicable
through the use of architectural features, earth berms, landscaping,
or other screening which will harmonize with the character of the
property and surrounding area, and do not impact the effective amount
of solar energy to be produced.
A.
Large-scale solar energy systems are permitted through the issuance
of a special use permit in all zoning districts, subject to the requirements
set forth in this section including site plan approval. Applications
for the installation of a large-scale solar energy system shall be
reviewed by the Code Enforcement Officer and referred, with comments,
to the Zoning Board of Appeals for its review and action as well as
to the Planning Board for site plan review, which can include approval,
approval with conditions, or denial.
B.
Special use permit application requirements. In addition to the requirements
set forth in Article Eighteen of Local Law No. 3 of the Laws of 2011,
the current zoning regulations,[1] the following information must be included with an application
for a special use permit for large-scale solar energy system.
(1)
If the property of the proposed project is to be leased, legal consent
of all parties, specifying the use(s) of the land for the duration
of the project, including easements and other agreements such as a
PPA, shall be submitted.
(2)
Applicant shall provide a letter of credit acceptable to the Town Board and the Town Attorney to ensure that funds are available to build the facility and to decommission the facility in accordance with the decommissioning plan, as defined in § 296-6D.
(3)
Applicant shall provide escrow for legal and engineering fees, as
determined by the Town Engineer.
(4)
Plans showing the layout of the solar energy system signed by a professional
engineer or registered architect shall be required.
(5)
The equipment specifications shall be documented and submitted for
all photovoltaic panels, significant components, mounting systems,
and inverters that are to be installed.
(6)
Design
standards.
(a)
Removal of trees and other existing vegetation shall be minimized
or offset with planting elsewhere on the property.
(b)
All on-site utility and transmission lines shall be nonaccessible
and meet National Electrical Code regulations.
(c)
Buffering may be required and shall be designed and located within
the buildable area in order to prevent reflective glare toward any
inhabited buildings on adjacent properties and roads.
(d)
Fencing provided for screening and security shall be within the buildable
area.
(e)
Vegetative buffering and screening shall be required adjacent to
any residential properties or public roads visible from any part of
the solar facility. Said vegetative buffering shall be located on
the exterior side of any fencing and within the buildable area.
(f)
Any landscaping or vegetation planted shall be maintained in accordance with the applicant/owner/operator's property operation and maintenance plan as defined in § 296-6C. Any vegetation that dies shall be replaced by the applicant/owner/operator within 30 days, weather permitting.
(g)
All electrical equipment shall be enclosed within the fenced compound
and locked within suitable cabinets. Emergency contact information
shall be provided at the facility entrance, and to the Fire Department,
the Code Enforcement Officer, and the Town Supervisor.
(h)
Each large-scale solar energy system shall be designed to minimize
the total acreage of developed land.
(i)
Site plan and stormwater management plan for large-scale solar energy
systems shall be reviewed by the Town Engineer, Code Enforcement,
and/or Ontario County Soil and Water District prior to final site
plan approval. Applicant shall submit an engineered stormwater and
erosion control plan and stormwater pollution prevention plan (SWPPP),
as necessary, to the Town of Bristol for its review and approval.
These plans shall demonstrate that post-development runoff, storm
drainage, and erosion will not be negatively impacted by placement
of a large-scale solar energy system on the site.
(j)
Solar facility owners/operators shall develop, implement, and maintain
native vegetation to the extent practicable pursuant to the property
operation and maintenance plan by using native plant species and seed
mixes to provide perennial vegetation and foraging habitat beneficial
to game birds, songbirds, and pollinators.
(k)
In addition to providing a site plan, the applicant/landowner/operator
will provide a visual site assessment showing how the facility will
appear to neighboring properties.
(l)
A large-scale solar energy system application shall include the CESIR
(coordinated electric system interconnection review) report application
submitted to the local utility.
C.
Property
operation and maintenance plan.
(1)
Such
plan shall describe continuing photovoltaic maintenance and property
upkeep, such as mowing, and trimming, safety concerns, and access.
(2)
The
property operation and maintenance plan shall include details about
the proposed use or uses of the remaining property not used for the
large-scale solar energy system, as well as ingress and egress to
all portions of the property.
(3)
The
property operation and maintenance plan shall be updated as part of
the renewal of the operating permit.
D.
Decommissioning
plan. To ensure the proper removal of a large-scale solar energy system,
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 use permit under this section. The decommissioning plan
will be initiated when the facility is abandoned or at the end of
the land lease.
(1)
In
the event that the owner or lessee of any facility ceases for a period
of six months to use or operate the said facility, then such facility
shall be deemed to be abandoned.
(2)
If
the applicant begins but does not complete construction of the project
within 18 months after receiving final site plan approval, this may
be deemed abandonment of the project and require implementation of
the decommissioning plan to the extent applicable.
(3)
In
the event that the land lease has expired or the facility has been
deemed to be abandoned, the facility shall be dismantled and removed
from the site and, where possible, recycled, and the site shall be
restored to its natural state by the owner and/or lessee. Failure
to dismantle and remove a facility and restore the site to its natural
state within 90 days after said facility has been declared abandoned
by the Town Board will result in forfeiture of said letter of credit,
cash bond, or surety posted by said owner or lessee of said facility.
The ninety-day deadline for restoration of the site may be extended
at the discretion of the Code Enforcement Officer. An annual report
shall be provided to the Code Enforcement Officer to prove the ongoing
operation of the facility.
(4)
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. Applicant
shall utilize the most recent Guidelines for Solar Energy Projects,
Construction Mitigation for Agricultural Lands available from the
New York State Department of Agriculture and Markets.
(5)
The
decommissioning plan shall also include an expected timeline for execution,
extent of removal of non-utility-owned equipment, the party responsible
for decommissioning, plans for updating the decommissioning plan,
description of any agreement between the landowner and operator or
any other party regarding decommissioning, and evidence that the decommissioning
plan was recorded with the deed for the property(ies) included in
the solar facility.
(6)
A cost
estimate detailing the projected cost of executing the decommissioning
plan shall be prepared by the applicant's professional engineer and
reviewed and approved by the Town Engineer. Cost estimations shall
take into account inflation and shall be reviewed and updated every
year, no later than 10 days prior to the anniversary of the issuance
of the building permit, with an updated cost estimate and written
confirmation that the required financial security is still operable
and valid and provided to the Town of Bristol to be kept on file.
A letter of credit, bond, or surety shall be issued to the Town of
Bristol for an amount no less than 125% of the cost estimate to cover
contingencies with the remainder to be provided back to the applicant/landowner/operator
after the decommissioning is completed to the Town's satisfaction.
The estimate may include anticipated salvage value of materials, but
the credit, bond, or surety shall not include these values for decommissioning
costs.
(7)
Removal
of large-scale solar energy systems must be completed in accordance
with the decommissioning plan.
(8)
If
the large-scale solar energy system is not decommissioned after being
considered abandoned, the Town may remove the system and restore the
property and impose a lien on the property to cover these costs to
the municipality, in addition to any other remedies available to the
Town.
E.
Special
use permit standards. No special use permit for large-scale solar
energy shall be issued unless the Zoning Board of Appeals specifically
finds that the proposed project is in compliance with each of the
following:
(1)
Solar
arrays shall not be allowed on lands where a PDR (property development
rights) has been obtained.
(2)
Setbacks.
Large-scale solar energy systems shall adhere to the following setback
requirements:
(3)
Height.
Large-scale solar energy systems shall not exceed 12 feet in height
at maximum tilt.
(4)
The
total footprint for any large - scale solar energy system shall include
the entire area inside the perimeter fence, plus any driveway and
parking area. The total footprint shall not exceed 30% of the total
parcel area and shall not exceed a maximum of 10 acres.
(5)
No
large-scale solar energy system shall be placed on a ridgeline or
within 50 feet of a ridgeline.
A.
If an individual is found to be in violation of the provisions of
this chapter for either small- or large-scale solar energy systems,
appeals should be made in accordance with the established procedures
of the Town of Bristol Code.
B.
If a building permit for a solar energy device is denied because
of a conflict with other goals of the Town of Bristol, the applicant
may seek relief from the Zoning Board of Appeals, which shall regard
solar energy as a factor to be considered, weighed and balanced along
with other factors.
Large-scale solar energy systems must be inspected prior to
transfer of ownership, or transfer of lease by the Code Enforcement
Officer to ensure system is in compliance with original conditions
of the special use permit. The Code Enforcement Officer shall also
verify that all letters of credit, bonds, or sureties, and decommissioning
means are still in place.
A.
The owner or general agent of a building or premises of land where
violation of any provision of this chapter has been committed or shall
exist, or the lessee or tenant of an entire building or entire premises
or land where such violation has been committed or shall exist, or
the owner, general agent, lessee or tenant of any part of the building
or premises or land in which such violation has been committed or
shall exist, or the general agent, architect, builder, contractor
or any other person who commits, takes part or assists in any such
violation or who maintains any building or premises or land or any
part thereof in which any violation shall exist, shall be guilty of
a violation/offense and subject to a maximum fine of $250 or imprisonment
for a period of not more than 15 days, or both, and, in addition,
may be ordered to pay all costs and expenses, including fees and expenses
of attorneys and engineers and other experts involved in the enforcement
hereof.
B.
Every such person, firm, company, corporation, partnership, limited
liability company or other entity shall be deemed guilty of a separate
offense for each week such violation, disobedience, omission, neglect
or refusal shall continue from the expiration of the period stated
in the notice to remedy. Each week's continued violation shall constitute
a separate additional violation.
C.
In addition, the Town authorities shall have such other remedies
as are provided by law to restrain, correct, or abate any violation
of this chapter, and the violator shall be liable to the Town of Bristol
for a civil penalty of $500 for each violation.
The provisions of this chapter are declared to be severable,
and if any section, subsection, sentence, clause or part thereof is,
for any reason, held to be invalid or unconstitutional by a court
of competent jurisdiction, such decision shall not affect the validity
of any remaining sections, subsections, sentences, clauses or part
of this chapter.
This chapter shall take effect immediately upon its filing with
the New York State Secretary of State.
