[Adopted 5-9-2019 by L.L.
No. 1-2019]
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.
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.
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.
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.
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.
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.
The invalidity of any clause, sentence, paragraph, or provision
of this Local Law shall not invalidate any other clause, sentence,
paragraph, or part thereof.
All local laws or ordinances or parts of local laws or ordinances
in conflict with any part of this article are hereby superseded.
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.
This article shall take effect upon filing in the office of
the New York State Secretary of State.