Town of Geneseo, NY Chapter 104 Solar Energy Systems

[HISTORY: Adopted by the Town Board of the Town of Geneseo as indicated in article histories. Amendments noted where applicable.]

Article I Large-Scale Solar Facilities

[Adopted 5-9-2019 by L.L. No. 1-2019]

§ 104-1 Definitions.

As used in this article, unless the context requires otherwise, the following terms shall have the meanings indicated:

LARGE-SCALE SOLAR FACILITIES

The use of land where a series of one or more solar collectors are placed in an area on a parcel of land for the purpose of generating photovoltaic power, and said series of one or more solar collectors placed in an area on a parcel of land collectively has a nameplate generation capacity of greater than 26 kilowatts (kW) direct current (dc) or more when operating at maximum efficiency.

SOLAR COLLECTOR

A device, structure, panel, or part of a device or structure for which the primary purpose is to transform solar radiant energy into thermal, mechanical, chemical, or electrical energy.

§ 104-2 Purpose.

The requirements of this article are established for the purpose of allowing the development of large-scale solar facilities in the Town and to provide standards for the placement, design, construction, operation, monitoring, modification, and removal of these systems.

§ 104-3 Applicability.

The standards found in this article are applicable to "large-scale solar facilities" as defined in § 104-1 above. The term "large-scale solar facilities" shall not be construed to include, so as to prohibit, or have the effect of prohibiting, the installation of a solar collector that gathers solar radiation as a substitute for traditional energy for water heating, active space heating and cooling, passive heating, or generating electricity for a residential property. The term "large-scale solar facilities" shall also not be construed in such a way as to prohibit the installation or mounting of a series of one or more solar collectors either freestanding for, or upon the roofs of, residential and/or commercial structures regardless of whether the said series of one or more solar collectors collectively has a total nameplate generation of at least 15 kilowatts (kW) direct current (dc) or more when operating at maximum efficiency.

§ 104-4 Applicability of zoning; special use permit applications.

A. Notwithstanding anything to the contrary in Chapter 106, Zoning, of the Code of the Town of Geneseo, large-scale solar facilities are allowed in all zoning districts of the Town subject to special use permit requirements; provided, however, if the Town has an Agricultural and Farmland Protection Plan, then no large-scale solar facilities shall be permitted on any agricultural priority areas, as designated in such plan, nor shall large-scale solar facilities be allowed in Low-Density Residential LDR, Lakeshore Residential LR, Lakeshore Neighborhood Commercial LNC, Agricultural Zoning AZ, Mixed Use I MUI, Mixed Use II MUII, or Mixed Use III MUIII. Special use permit applications shall contain the following:

(1) Blueprints or drawings of the solar photovoltaic installation signed by a licensed professional engineer showing the proposed layout of the system and any potential shading from nearby structures.

(2) Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, screening vegetation, or structures.

(3) A description of the large-scale solar facilities and the technical reasons for the proposed location and design shall be prepared and signed by a licensed professional engineer.

(4) Verification that the large-scale solar facilities will be constructed and operated in compliance with all applicable federal and state standards.

(5) Stamped drawings signed by a licensed professional engineer.

(6) One of three line electrical diagram detailing the large-scale solar facilities layout, solar collector installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and over-current devices.

(7) Documentation of the major system components to be used, including the PV panels, mounting system, and inverter.

(8) An operation and maintenance plan which shall include measures for maintaining safe access to the installation, stormwater controls, as well as general procedures for operational maintenance of the installation.

(9) Information on noise (inverter) and reflectivity/glare of solar panels and identification of potential impacts to abuttors.

(10) Certification as to the existing soil classifications for the soil at the proposed development site as provided by the current United States Department of Agriculture Natural Resource Conservation Services web soil survey, or as provided by such other state or local governmental agency maintaining official records of local soil classifications.

B. The standards found in this article are applicable to "large-scale solar facilities" as defined in § 104-1 above and shall supersede the general standards applicable to special use permits for other uses under the Town's zoning laws. Notwithstanding the foregoing, large-scale solar facilities shall be fully subject to site plan review under Chapter 106, Zoning, of the Code of the Town of Geneseo, and any attorney fees incurred by the Town for the review of the special use permit and site plan application shall be paid by the applicant.

§ 104-5 Minimum development requirements.

In any district requiring a special use permit for a large-scale solar facility, the development shall conform to the following standards which shall be regarded as minimum requirements:

A. All ground-mounted panels shall not exceed 12 feet in height.

B. All mechanical equipment on a large-scale solar facility, including any structure for batteries or storage cellars, are completely enclosed by a minimum eight-foot-high fence with a self-locking gate.

C. The installation of a vegetated buffer to provide year-round screening of the system is required along a public right-of-way and, if a solar array or appurtenant structure, including, but not limited to, equipment shelters, storage facilities, transformers and substations, will be in the field of view from a residence on an adjoining property, along such field of view. Installed vegetation must be at least six feet in height at the time of planting.

D. Because of neighborhood characteristics and topography, the Planning Board shall examine the proposed location on a case-by-case basis in order to ensure no detrimental impact to Town residents, businesses, or traffic.

E. All solar energy production systems are designed and located in order to prevent reflective glare toward any habitable buildings, as well as streets and rights-of-way.

F. All utility and transmission lines are placed underground.

G. The installation of a clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

H. All solar collectors shall have a 100-foot setback in the front from the right-of-way of the highway and 100-foot setbacks from the sides and the back unless there exist abutting residential uses, in which case all such components shall be a minimum 500 feet from any principal residential structures that are off site, deviation from which requires an area variance.

I. Lighting of large-scale solar facilities shall be consistent with state and federal law. Lighting of appurtenant structures shall be limited to that required for safety and operational purposes and shall be reasonably shielded from abutting properties. All exterior lighting fixtures shall be compliant with International Dark-Sky Association's Simple Guidelines for Small Communities, Urban Neighborhoods, and Subdivisions.

J. A sign is required that identifies the owner and operator with an emergency telephone number where the owner and operator can be reached on a 24-hour basis. There shall be no other signs except announcement signs, such as "No Trespassing" signs or any signs required to warn of danger.

K. There shall be a minimum of one parking space to be used in connection with the maintenance of the solar photovoltaic facility and the site. Such parking space shall not be used for the permanent storage of vehicles.

§ 104-6 Additional conditions.

A. The large-scale solar facility's owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the local Fire Chief. Upon request, the owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the large-scale solar facility shall be clearly marked. The owner or operator shall identify a responsible person for public inquiries throughout the life of the installation. A Knox-Box^® shall be required for access by the local Fire Department.

B. No large-scale solar facilities shall be approved or constructed until evidence has been given to the Planning Board that the utility company that operates the electrical grid where the installation is to be located has been informed of the large-scale solar facility owner's or operator's intent to install an interconnected customer-owned generator.

C. A large-scale solar facility 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. Site access shall be maintained to a level acceptable to the local Fire Chief and emergency medical services. The owner or operator shall be responsible for the cost of maintaining the large-scale solar facility and any access road(s), unless accepted as a public way.

D. A valid letter of credit, or other type of surety approved by the Planning Board, naming the Town of Geneseo as beneficiary for systems of 10 acres or more with dates and monetary amounts based upon a five-year repeating appraisal and to be reviewed and approved by the Town Attorney for decommissioning purposes.

§ 104-7 Decommissioning plan; removal.

All applications for a large-scale solar facility shall be accompanied by a decommissioning plan to be implemented upon abandonment and/or in conjunction with removal of the installation. Prior to removal of the large-scale solar facility, a permit for removal activities shall be obtained from the Code Enforcement Officer. Notwithstanding the foregoing, projects regulated under Article 10 of the Public Service Law shall be subject to the decommissioning requirements set forth set forth in 16 NYCRR 1001.29. For all other large-scale solar facilities subject to regulation under this article, the decommissioning plan shall include the following provisions:

A. The owner, operator, or his/her successors in interest shall remove any ground-mounted solar collectors which have reached the end of their useful life or have been abandoned. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the Town Code Enforcement Officer by certified mail of the proposed date of discontinued operations and plans for removal.

B. Physical removal of all ground-mounted solar collectors, structures, equipment, security barriers, feeders and branch circuit wiring from the site.

C. Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.

D. Stabilization or revegetation of the site as necessary to minimize erosion. The Planning Board may allow the owner or operator to leave landscaping in order to minimize erosion and disruption to vegetation.

E. Absent notice of a proposed date of decommissioning and written notice of extenuating circumstances, the large-scale solar facility shall be considered abandoned when it fails to operate for more than one year without the written consent of the Planning Board ("abandonment"). If the owner or operator of the large-scale solar facility fails to remove the installation in accordance with the requirements of this article within 150 days of abandonment or the proposed date of decommissioning, the Town may enter the property and physically remove the installation.

F. Upon the decommissioning of the project and removal of all equipment, the soils at the site shall be restored to the condition and classification that existed prior to the construction of the project, or if the Town has an Agricultural and Farmland Protection Plan, that is in compliance with such plan, and in connection with § 104-7D above, except where the underlying fee owner of the land requests otherwise, as specified in the project application pursuant to § 104-4A(10).

G. Detailed cost estimates for decommissioning.

§ 104-8 Costs of decommissioning and removal.

The operator of an installation and the owner of the real property on which such installation is located shall be jointly and severally liable for all costs and expenses of the Town incurred during and relating to the removal of an installation under § 104-7E. Notwithstanding the foregoing, the Town shall first attempt to secure payment for such costs and expenses from the operator of the installation; however, in the event the Town is not made whole following reasonable attempts to collect such costs and expenses from the operator of the installation, the Town reserves all rights under the Code to pursue payment for such costs and expenses from the owner of the real property on which the installation in question is located. Additionally, the applicant shall also provide an estimate, prepared by a qualified engineer, setting forth the costs associated with decommissioning the large-scale solar facility at issue. It is the intention of this provision and § 104-6D to ensure that the Town has sufficient funds available to remove the installation at issue and restore landscaping in the event the applicant fails to comply with its decommissioning obligations.

§ 104-9 Severability.

The invalidity of any clause, sentence, paragraph, or provision of this Local Law shall not invalidate any other clause, sentence, paragraph, or part thereof.

§ 104-10 Conflicts with other provisions.

All local laws or ordinances or parts of local laws or ordinances in conflict with any part of this article are hereby superseded.

§ 104-11 Conflicts with Public Service Law.

For projects regulated under Article 10 of the Public Service Law, any provisions of this article that conflict with Article 10 of the Public Service Law shall be read to mean that the provisions of Article 10 of the Public Service Law shall apply.

§ 104-12 When effective.

This article shall take effect upon filing in the office of the New York State Secretary of State.