[HISTORY: Adopted by the Town Board of the
Town of Union 12-18-2019 by L.L. No. 9-2019. Amendments noted where
applicable.]
This chapter shall be known as "Renewable Energy Systems Law."
A.
Solar energy is a renewable and nonpolluting energy resource that
can prevent fossil fuel emissions and reduce 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.
B.
The use of solar energy equipment for the purpose of providing electricity
and energy for heating and/or cooling is beneficial to the Town and
its residents.
C.
This chapter is intended to facilitate the installation of solar
energy systems and equipment.
For the purpose of this chapter, the following terms shall have
the meanings indicated:
A structure, the use of which is customarily incidental and
subordinate to that of the principal building and is attached thereto,
and is located on the same lot or premises as the principal building.
Structures, equipment, devices or construction techniques
used for the production of heat, light, cooling, electricity or other
forms of energy on site and may be attached to or separate from the
principal structure.
A solar energy system that consists of integrating photovoltaic
modules into the building structure, such as the roof or the facade,
and which does not alter the relief of the roof.
Solar installations owned collectively through subdivision
homeowners' associations, college student groups, "adopt-a-solar-panel"
programs, or other similar arrangements.
Photovoltaic panels and tiles that are installed flush to
the surface of a roof and which cannot be angled or raised.
A solar energy system that is directly installed in the ground
and is not attached or affixed to an existing structure.
Any solar collector system that generates greater than 25
kilowatt hours. All ground-mounted or freestanding solar energy systems
that are designed primarily to generate electricity for resale are
large-scale solar energy systems. All solar farms and collective solar
systems which are designed on a scale to generate energy for sale
are large-scale solar energy systems. Large-scale solar energy systems
include large-scale solar thermal systems.
A billing arrangement that allows a solar customer to get
credit for excess electricity that the customer generates and delivers
back to the grid so that the customer only pays for net electricity
usage.
The Town of Union (the "Town") authority or official charged
with granting permits for the operation of solar energy systems.
A solar energy system that produces electricity by the use
of semiconductor devices called photovoltaic (PV) cells that generate
electricity whenever light strikes the PV cells. In this chapter,
the term "solar collector" refers to a photovoltaic system for energy
production.
A person who has skills and knowledge related to the construction
and operation of solar electrical equipment and installations and
has received safety training on the hazards involved. Persons who
are on the list of eligible photovoltaic installers maintained by
the New York State Energy Research and Development Authority (NYSERDA),
or who are certified as a solar installer by the North American Board
of Certified Energy Practitioners (NABCEP), shall be deemed to be
qualified solar installers for the purposes of this definition. Persons
who are not on NYSERDA's list of eligible installers or NABCEP's list
of certified installers may be deemed to be qualified solar installers
if the Town determines such persons have had adequate training to
determine the degree and extent of the hazard and the personal protective
equipment and job planning necessary to perform the installation safely.
Such training shall include the proper use of special precautionary
techniques and personal protective equipment, as well as the skills
and techniques necessary to distinguish exposed energized parts from
other parts of electrical equipment and to determine the nominal voltage
of exposed live parts.
An arrangement with an electric utility that allows for the
kilowatt hours (kWh) generated from a solar PV system located at a
specific site to be credited towards kWh of consumption at a different
location.
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.
The term "small-scale solar" refers to any of the following
list of solar energy collector systems and solar thermal systems that
produce up to 25 kilowatts per hour of energy:
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.
Solar collectors, controls, energy storage devices, 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 dissipation and
distributed. Solar systems include solar thermal, photovoltaic and
concentrated solar.
A device for the direct conversion of solar energy into electricity.
A device that stores energy from the sun and makes it available
in an electrical form.
Solar thermal systems directly heat water or other liquid
using sunlight. The heated liquid is used for such purposes as space
heating and cooling, domestic hot water, and heating pool water.
The Town of Union outside of the Villages of Endicott and
Johnson City.
A.
The requirements of § 161-5 of this chapter apply to all small-scale solar energy systems (residential, commercial, etc.) approved or installed after the effective date of this chapter.
B.
The requirements of § 161-6 of this chapter apply to all large-scale solar energy systems and all other solar projects.
C.
Solar collectors and solar energy systems for which a valid permit
has been properly issued or for which installation has commenced prior
to the effective date of this chapter shall not be required to meet
the requirements of this chapter.
D.
All solar energy systems shall be designed, erected and installed
in accordance with all applicable codes, regulations and standards
set forth in this chapter and any applicable federal, state, and county
laws.
E.
This chapter shall apply to the Town of Union outside of the Villages
of Endicott and Johnson City.
F.
Upon completion of installation and satisfaction of any approval
requirements, a certificate of compliance will be issued prior to
energization.
A.
Permitting small-scale solar energy systems.
(1)
No small-scale solar energy system or device shall be installed or
operated in the Town of Union outside of the Villages of Endicott
and Johnson City except in compliance with this chapter.
(2)
To the extent practicable, 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 Code.
B.
Rooftop and building-mounted solar energy systems.
(1)
Rooftop and building-mounted solar collectors for small-scale solar
energy systems are permitted in all zoning districts in the Town,
subject to the following conditions:
(a)
Building permits, or unified solar permits, shall be required
for installation of all rooftop and building-mounted solar collectors.
(b)
Any height limitations of the Town Code shall not be applicable
to solar collectors, provided that such structures are erected in
accordance with the requirements of this chapter, and can only extend
two feet above a flat roof, or above the parapet wall if higher than
two feet; will accomplish the purpose for which they are intended
to serve; and that such structures do not obstruct solar access to
neighboring properties.
(c)
Placement of solar collectors on flat roofs shall be allowed
as of right; provided that panels do not extend horizontally past
the roofline.
(2)
Unified solar permit process/application. An applicant for an eligible
rooftop-mounted or building-mounted solar energy system may apply
for a unified solar permit.
(a)
Provided the rooftop-mounted solar energy system meets the requirements
for a unified solar permit set forth in this section of this chapter,
an applicant shall submit the unified solar permit application to
the Code Enforcement Officer as follows:
[1]
Unified solar permit eligibility checklist. The applicant shall
complete the application form provided by the Town Code Enforcement
Office. The application form contains a checklist to determine eligibility
for a uniform solar permit. The application must be accompanied by:
[a]
A site plan showing the location of major components
of the solar energy system and other equipment on the roof or legal
accessory structure. This plan should represent relative locations
of components at the site, including, but not limited to, location
of arrays, existing electrical service locations, utility meters,
inverter locations, system orientation and tilt angles. This plan
should show access and pathways that are compliant with New York State
Uniform Fire Prevention and Building Code, if applicable.
[b]
A one-line or three-line electrical diagram. The
electrical diagram required by and published by the New York State
Energy Research and Development Authority ("NYSERDA") for an incentive
application and/or utilities for an interconnection agreement may
also be provided here.
[c]
Specification sheets for all manufactured components.
If these sheets are available electronically, a web address will be
accepted in place of an attachment, at the discretion of the Town.
[2]
All diagrams and plans must be prepared by a professional engineer
or registered architect as required by New York State law and include
the following:
(b)
Permit review and inspection timeline for unified solar permit.
Unified solar permit determinations will be issued within 14 days
upon receipt of complete and accurate applications. The Town will
provide feedback within seven days of receiving incomplete or inaccurate
applications. If an inspection is required, a single inspection should
be sufficient and will be provided within seven days of inspection
request.
(3)
Building-integrated photovoltaic (BIPV) systems for small-scale solar
energy systems are permitted as of right in all zoning districts.
(4)
Placement of small-scale solar energy systems on nonconforming buildings
or structures. Notwithstanding the area, lot and bulk requirements
of this chapter or the Zoning Law of the Town,[1] building-mounted and building-integrated small-scale solar
energy systems may be installed:
(a)
On the roof of a nonconforming structure or building that exceeds
the maximum height restriction, provided the building-mounted solar
collector does not extend above the peak or highest point of the roof
to which it is mounted.
(b)
On a structure or building that exceeds the maximum lot coverage
requirements, provided there is no increase in the extent or degree
of nonconformity with said requirement.
C.
Ground-mounted and freestanding small-scale solar energy systems.
(1)
Ground-mounted and freestanding solar energy systems and solar thermal
systems for small-scale solar. In all zoning districts, a special
permit and site plan approval are required for: i) any ground-mounted
or freestanding small-scale solar energy system or ii) any ground-mounted
or freestanding small-scale solar thermal system. The type of review
required is determined by the size of the lot. The following regulations
and conditions apply to all ground-mounted or freestanding small-scale
solar energy systems and small-scale solar thermal systems:
(a)
An applicant for a ground-mounted or freestanding small-scale
solar energy system or small-scale solar thermal system on any lot
that is three acres or less must apply to the Planning Board for a
special use permit.
(b)
An applicant for a ground-mounted or freestanding small-scale
solar energy system or solar thermal system on any lot that is greater
than three acres must apply to the Planning Board for site plan approval.
(c)
Ground-mounted or freestanding small-scale solar energy systems
or solar thermal systems are only permitted as accessory uses.
(d)
All ground-mounted small-scale solar energy systems and solar
thermal systems must be installed in the side or rear yards. No freestanding
or ground-mounted small-scale solar energy system or solar thermal
system shall be located in the front yard of any lot, including the
front yard of any corner lot. The location of the solar collector
must meet all applicable setback requirements for accessory structures
in the zoning district in which it is located.
(e)
The height of the solar collector and any mounts shall not exceed
15 feet when oriented at maximum tilt.
(f)
Solar energy collectors and equipment shall be located in a
manner to minimize i) visual impacts and view blockage for surrounding
properties, and ii) shading of property to the north, while still
providing adequate solar access for collectors.
(g)
The application shall include a plan and description of the
method of screening of the ground-mounted or freestanding small-scale
solar energy system or solar thermal system. The Planning Board shall
have discretion to determine the method and location of screening
required. 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 the proposed
structure with the character of the property and surrounding area.
(h)
Upon applying for a permit, the applicant shall provide the
Planning Board with information to demonstrate that the size and scale
of the proposed freestanding or ground-mounted small-scale solar energy
system is designed to generate electricity for the existing or proposed
residence or the existing or proposed use on the lot, and not designed
to generate electricity for sale or resale. If requested by the Planning
Board, the applicant must provide a report from a qualified third
party to establish that the size and scale of the facility is consistent
with the existing or proposed principal use on the lot. If the Planning
Board determines that the size and scale of the proposed facility
is not consistent with: i) the energy usage history of the existing
residence or use, or ii) the projected energy needs of the proposed
structure or use, the Planning Board may deny the site plan or special
use permit. If the size and scale of the proposed solar collector
facility will generate more than 150% of the existing or projected
energy usage of the principal use/structure, the Planning Board may
determine that the proposed solar collector facility is not designed
primarily to meet the energy needs of the existing or proposed principal
use on the lot.
(i)
The applicant shall provide a detailed plan (handwritten sketch
plans are acceptable) showing the proposed location of the ground-mounted
or freestanding small-scale solar energy system or solar thermal system
in relation to all property lines and all structures (existing and/or
proposed) on the lot. If the applicant proposes to use landscaping
to screen the facility, the landscaping must be maintained and/or
replaced, as necessary.
(j)
Any ground-mounted or freestanding small-scale solar energy
system or solar thermal system shall be situated on a lot in one location,
with a maximum of one such facility per lot. A single facility may
include multiple photovoltaic panels.
(k)
Small-scale solar energy systems or solar thermal systems and
equipment shall be permitted only if they are determined by the Town
not to present any unreasonable safety risks, including, but not limited
to, the following:
D.
Installation requirements, inspection, and decommission.
(1)
All small-scale solar energy systems must be performed by a qualified
solar installer.
(2)
Prior to operation, electrical connections must be inspected by a
Town Code Enforcement Officer or Building Inspector and by an appropriate
electrical inspection person or agency, as determined by the Town.
(3)
Any connection to the public utility grid must be inspected by the
appropriate public utility.
(4)
Small-scale solar energy systems shall be maintained in good working
order.
(5)
Rooftop and building-mounted solar collectors or systems shall meet
the current version of the New York Uniform Fire Prevention and Building
Code standards in effect at the time permit is issued.
(6)
If solar storage batteries are included as part of the small-scale
solar energy system, they must be placed in a secure container or
enclosure meeting the requirements of the New York State 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 other applicable
laws and regulations.
(7)
Abandonment and decommissioning. If a solar collector or system ceases
to perform its originally intended function for more than 12 consecutive
months, the property owner shall remove the collector or system, mount(s)
and associated equipment by no later than 120 days after the end of
the twelve-month period. If the Building Inspector or Code Enforcement
Officer receives a complaint, or requests access to inspect a small-scale
solar energy system or solar thermal system, to assess whether the
system is operating as originally designed, the property owner shall
allow access to the property and facility for testing. If it is determined
after testing or inspection that the solar collector or system is
not producing at least 50% of the energy it was originally designed
to generate, the solar collector or system shall be removed or replaced
within 120 days of notice from the Building Inspector or Code Enforcement
Officer.
E.
Appeals.
(1)
If a building permit for a small-scale solar energy system or solar
thermal system is denied because of a conflict with other laws of
the Town, the applicant may appeal to (or apply for 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.
A.
Permitting large-scale solar energy systems.
(1)
All large-scale solar energy systems, including large-scale solar thermal systems, require a special use permit and site plan approval. Except as provided in § 161-5 of this chapter, entitled "Small-scale solar energy systems," no solar energy system or solar thermal system shall be constructed or installed without first obtaining a special use permit and site plan approval from the Town Planning Board. Solar energy systems or solar thermal systems requiring a special use permit and site plan approval shall include, but not be limited to:
(a)
Ground-mounted or freestanding large-scale solar energy systems
that do not meet the definition of a small-scale solar energy system.
(b)
Large-scale solar energy system that are not roof-mounted, and
designed to generate and provide electricity, through a remote net
metering agreement or other arrangement, to an off-site user or users
located on a lot(s) other than the lot on which the solar energy system
is located.
(c)
Collective solar projects.
(d)
Solar collector systems mounted on carports or canopy structures
covering parking facilities at commercial or industrial properties.
(2)
Special use permit application requirements. Applications for the
installation of a large-scale solar energy system shall be reviewed
by the Code Enforcement Officer prior to referral of the application
to the Planning Board. For a special permit application, the following
must be included:
(a)
If the property of the proposed project is to be leased, legal
consent between all parties, including the landowner, specifying the
use(s) of the land for the duration of the project, including easements
and other agreements, shall be submitted.
(b)
Blueprints showing the layout of the large-scale solar energy
system signed by a professional engineer or registered architect shall
be required.
(c)
The equipment specification sheets shall be documented and submitted
for all photovoltaic panels, significant components, mounting systems,
and inverters that are to be installed.
(d)
Property operation and maintenance plan. Such plan shall describe
continuing photovoltaic maintenance and property upkeep, such as mowing
and trimming.
(e)
Decommissioning plan. Such plan shall provide details for the
decommissioning of the project, including removal of the solar equipment
and restoration of the property back to its original state to be performed
by the lessor and/or landowner or any successors in interest thereof
at the lessor's and/or landowner's expense and provide a letter of
credit for the cost of the decommissioning should any lessor and/or
landowner fail to perform the decommissioning of the project. The
lessor and landowner shall be required to enter into a decommissioning
agreement with the Town.
(f)
The Town Board hereby approves the change in the Solar Energy Law
with respect to requiring the PILOT, HCA, Decommissioning Agreement
and Storm Water Maintenance Agreement to be negotiated and agreed
to by the Town Board prior to any application being accepted by the
Planning Board for review.
[Added 6-19-2024 by L.L. No. 2-2024]
(g)
The Town Board hereby approves the change in the Solar Energy Law
approving a revised fee schedule for Solar Energy Law applications
for site plan approval and/or special use permit approval, namely
a non-refundable fee to the Town of Union by the solar developer in
the amount of $12,500 per megawatt (or incremental portion of a megawatt)
with such fee to be paid at the time of application.
[Added 6-19-2024 by L.L. No. 2-2024]
(3)
Classification. Large-scale solar energy systems requiring a special
use permit may be classified as either an accessory use or a principal
use as set forth below:
(a)
Principal use.
[1]
A large-scale solar energy system constructed on a lot and providing
electricity to an off-site user or users through a remote net metering
agreement or other arrangement shall be considered a principal use.
[2]
All ground-mounted large-scale solar energy systems classified
as a principal use shall conform to the area, yard and bulk requirements
of the zoning district in which the system is located, unless such
regulations are modified by other provisions of this section.
(b)
Accessory use/accessory structure. A ground-mounted large-scale
solar energy system shall be considered an accessory use/accessory
structure when generating electricity for the primary consumption
of a commercial or industrial principal use(s) or building(s) located
on the same lot as the system. Notwithstanding the location and maximum
coverage provisions for accessory uses/accessory structures found
elsewhere in the Town Code and Zoning Laws,[1] all ground-mounted large-scale solar energy systems that
are classified as an accessory use/accessory structure shall adhere
to the minimum area, yard and bulk requirements for principal uses
within the zoning district in which the system is located, unless
modified by other provisions of this section.
(4)
Standards for large-scale solar energy systems requiring a special
use permit.
(a)
Ground-mounted large-scale solar energy systems classified as
a principal use shall comply with the following standards and criteria:
[1]
Setbacks. Ground-mounted large-scale solar energy systems are
subject to a fifty-foot setback from all property lines in commercial,
industrial and planned unit development districts. No part of a large-scale
ground-mounted system shall extend into the required setbacks.
[2]
Ground-mounted large-scale solar energy systems located in a
residential district shall be set back an additional 200 feet from
the minimum yard setback along all property lines that abut a lot
located in a residential district, residential use or planned unit
development district. This additional setback dimension shall also
apply to the front yard setback when the lot on the opposite side
of the street is located in a residential district.
[3]
Ground-mounted large-scale solar energy systems located in commercial
and mixed-use districts shall be set back an additional 200 feet from
the minimum yard setback along all property lines that abut a lot
located in a residential district, residential use or planned use
development district. This additional setback dimension shall also
apply to the front yard setback when the lot on the opposite side
of the street is located in a residential district.
[4]
Utility connections. Utility lines and connections from a ground-mounted
large-scale solar energy system shall be installed underground, unless
otherwise determined by the Planning Board for reasons that may include
poor soil conditions, topography of the site, and requirements of
the utility provider. Electrical transformers for utility interconnections
may be above ground if required by the utility provider.
[5]
Fences. The Planning Board shall determine whether a ground-mounted
large-scale solar energy system requires a fence, and the type and
size of the fence. Generally, fences not exceeding the height allowed
in the appropriate zoning district, including open-weave chain-link
fences and solid fences, shall be permitted for the purpose of screening
or enclosing a large-scale solar energy system.
[6]
Height. Large-scale solar energy systems may not exceed 20 feet
in height.
[7]
Lot coverage requirements. Large-scale solar energy systems
shall adhere to the maximum lot coverage requirement for principal
uses within the zoning district in which they are located.
[8]
Signs. A safety sign shall be attached to the fence at the main
gate of any ground-mounted or freestanding large-scale solar energy
system that contains a warning about high voltage and the Broome County
Emergency Services telephone number. Any sign for a large-scale solar
energy system classified as a principal use shall adhere to the sign
requirements for the zoning district in which it is located. A solar
energy system shall not be used to display permanent or temporary
advertising, including signage, streamers, pennants, spinners, reflectors,
banners or similar materials.
[9]
Location in front yard prohibited. Notwithstanding the requirements
regulating location of accessory structures found elsewhere in this
chapter, large-scale solar energy systems classified as an accessory
use shall be prohibited in a front yard, including location in any
front yard of a corner lot.
(b)
Building-mounted large-scale solar energy systems.
[1]
For a building-mounted large-scale solar energy system installed
on a sloped roof, the highest point of the system shall not exceed
the highest point of the roof to which it is attached. Solar panels
shall be parallel to the roof surface or tilted with no more than
an eighteen-inch gap between the module frame and the roof surface.
[2]
For a building-mounted large-scale solar energy system installed
on a flat roof, the highest point of the system shall not extend more
than five feet above the height of the roof.
(c)
Siting considerations: floodplains and other environmentally
sensitive areas. No large-scale solar energy systems shall be installed
in a floodplain or other environmentally sensitive area without the
following:
[1]
Approval and acceptance of an engineering plan;
[2]
Approval and acceptance of documentation showing proper installation
including a maximum tilt with the entire panel(s) at least two feet
above the base flood elevation;
[3]
Approval and acceptance of plans for battery storage;
[4]
Approval and acceptance of plans for utility connections;
[5]
Approval and acceptance of safety measures in the event of a
flood.
(5)
Special use permit conditions. The following conditions shall apply
to all special use permits issued for large-scale solar energy systems,
including solar thermal systems. No special use permit shall be issued
unless the Planning Board finds that the following conditions have
been or will be met.
(a)
Decommissioning plan. All applications for large-scale solar
energy systems shall be accompanied by a decommissioning plan to be
implemented upon abandonment and/or in conjunction with removal of
the system. The decommissioning plan shall address those items listed
in this section and shall include:
[1]
An estimate of the anticipated operational life of the system;
[2]
Identification of the party(ies) responsible for decommissioning;
[3]
A copy or description of any agreement with the landowner regarding
decommissioning;
[4]
A schedule showing the time frame over which decommissioning
will occur and for completion of site restoration work;
[5]
A cost estimate prepared by a qualified professional engineer,
estimating the full cost of decommissioning and removal of the large-scale
solar energy system;
[6]
A financial plan to ensure that financial resources will be
available to fully decommission the site.
(b)
All responsible parties shall enter into a decommissioning agreement
with the Town reflecting the decommissioning plan agreed to by the
parties and the time frame for completion.
(c)
Financial plan. The party(ies) responsible for decommissioning
must provide a letter of credit or financial surety in an amount sufficient
to fully cover the cost of decommissioning and implement the decommissioning
plan. Prior to the issuance of a building permit and every three years
thereafter, the large-scale solar energy system owner and/or landowner
shall file with the Town a renewed letter of credit or financial surety
to provide for the full cost of decommissioning and removal of the
solar collector system in the event the system is not removed by the
system owner and/or landowner. Letters of credit or financial surety
shall remain in effect throughout the life of the system and shall
be in the form acceptable to the Planning Board and the Town Attorney.
In the event ownership of the system is transferred to another party,
the new owner (transferee) shall file a letter of credit or financial
surety with the Town at the time of transfer, and every three years
thereafter, as provided herein. The amount of the letter of credit
or financial surety shall be determined by the applicant's engineer
based upon a current estimate of decommissioning and removal costs
as provided in the decommissioning plan and subsequent annual reports.
The amount of the letter of credit or financial surety may be adjusted
by the Town upon receipt of an annual report containing an updated
cost estimate for decommissioning and removal.
(d)
Report. Upon request of the Town, the owner of the large-scale
solar energy system shall provide the Town Code Enforcement Officer
a report showing the rated capacity of the system, and the amount
of electricity that was generated by the system and transmitted to
the grid over the most recent twelve-month period. The report shall
be submitted no later than 45 days after a written request. Failure
to submit a report as required herein shall be considered a violation
subject to the penalties and remedies set forth in this chapter and
the Town Code.
(e)
Transfer of ownership. Any special permit issued and all restrictions
or obligations under such permit shall transfer in full force and
effect to any new owner of the land and/or owner or operator of the
large-scale solar collector system.
B.
Abandonment and decommissioning regulations for large-scale solar
energy systems.
(1)
Applicability and purpose. This section governing abandonment and
decommissioning shall apply to large-scale solar energy systems, including
solar thermal systems. It is the purpose of this section to provide
for the safety, health, protection and general welfare of persons
and property in the Town by requiring abandoned commercial solar collector
systems to be removed pursuant to a decommissioning plan. The anticipated
useful life of such systems, as well as the volatility of the recently
emerging solar industry where multiple solar companies have filed
for bankruptcy, closed or been acquired, creates an environment for
systems to be abandoned, thereby creating a negative visual impact
on the Town. Abandoned large-scale solar energy systems may become
unsafe by reason of their energy producing capabilities and serve
as an attractive nuisance.
(2)
Abandonment. A large-scale solar energy system shall be deemed "abandoned"
if the system fails to generate and transmit electricity at a rate
of more than 50% of its rated capacity over a continuous period of
one year. If requested by the Building Inspector or Code Enforcement
Officer, the property owner and/or operator of the system shall provide
the Building Inspector, within 45 days of a written request, a report
certified by a qualified consultant demonstrating that the system
is operating at a rate of at least 50% of its rated capacity. Failure
to provide a report within 45 days of a written request shall create
a presumption that the solar collector facility is not operating at
the rate of at least 50% of its rated capacity. A large-scale solar
energy system also shall be deemed abandoned if, following site plan
approval, construction of the system has commenced but is not completed
within 18 months of issuance of the first solar permit for the project.
The time at which a large-scale solar energy system shall be deemed
abandoned may be extended by the Planning Board for one additional
period of one year, provided the system owner presents to the Planning
Board a viable plan outlining the steps and schedules for placing
the system in service or back in service, at no less than 80% of its
rated capacity, within the time period of the extension. Any application
for an extension of time shall be made to the Planning Board by the
owner (and/or operator) prior to abandonment as defined herein. Extenuating
circumstances as to why the large-scale solar energy system has not
been operating or why construction has not been completed may be considered
by the Planning Board in determining whether to grant an extension.
(3)
Removal required. Any large-scale solar energy system or small-scale
solar collection system which has been abandoned shall be decommissioned
and removed. The owner of the facility and owner of the land upon
which the system is located shall be jointly and severally responsible
to physically completely remove all components of the system within
one year of abandonment. Removal of a large-scale solar energy system
shall be in accordance with a decommissioning plan approved by the
Planning Board.
(4)
Decommissioning and removal.
(a)
Decommissioning and removal of all ground-mounted solar energy
systems shall consist of:
[1]
Physical removal of all above- and below-ground equipment, structures
and foundations, including but not limited to all solar arrays, buildings,
security barriers, fences, electric transmission lines and components,
roadways and other physical improvements to the site.
[2]
Disposal of all solid and hazardous waste in accordance with
local, state and federal waste disposal regulations.
[3]
Restoration of the ground surface and soil to previous site
conditions.
[4]
Stabilization and revegetation of the site with native seed
mixes and/or plant species (excluding invasive species) to minimize
erosion.
(b)
Upon application to the Planning Board, the Board may permit
the system owner and/or landowner to leave certain underground or
aboveground improvements in place, provided the owner can show that
such improvements are part of a plan to redevelop the site, are not
detrimental to such redevelopment and do not adversely affect community
character or the environment.
(5)
Decommissioning and removal by Town. If a large-scale or small-scale
solar energy system owner and/or landowner fails to decommission and
remove an abandoned facility in accordance with the requirements of
this section, the Town may enter upon the property to decommission
and remove the system at the cost of the landowner.
(6)
Removal by Town and reimbursement of Town expenses. All costs and
expenses incurred by the Town in connection with any proceeding or
work performed by the Town or its representatives to decommission
and remove a large-scale solar energy system, including legal costs
and expenses, shall be reimbursed from the letter of credit or surety
posted by the system owner or landowner as provided in this section.
Any costs incurred by the Town for decommissioning and removal that
are not paid for or covered by the required letter of credit or surety,
including legal costs, shall be assessed against the property, shall
become a lien and tax upon said property, shall be added to and become
part of the taxes to be levied and assessed thereon, and shall be
enforced and collected with interest by the same officer and in the
same manner, by the same proceedings, at the same time and under the
same penalties as are provided by law for the collection and enforcement
of real property taxes in the Town.
C.
Reimbursement for costs of review of large-scale solar energy systems
by Town-designated engineer.
(1)
The applicant for a special use permit for a large-scale solar collector
system shall be responsible for reimbursing the Town for all costs
associated with the issuance of the special permit and for engineering
review by the Town-designated engineer and for any other professional
services required by the Town. The amount of the escrow shall be commensurate
with the scale of the project.
(2)
The Planning Board may use the Town-designated engineer (TDE) and
retain consultants and/or experts necessary to assist the Town in
reviewing and evaluating the application.
(3)
An applicant shall deposit with the Town funds sufficient to reimburse
the Town for all reasonable costs of TDE and consultant evaluation
and consultation in connection with the review of any application.
An initial deposit of $5,000 (the "initial deposit") shall be filed
with the application. The Town will maintain a separate escrow account
for all such funds. The Town's consultants/experts shall invoice the
Town for their services in reviewing the application. If at any time
during the process the escrow account has a balance of less than $2,500,
the applicant shall immediately, upon notification by the Town, replenish
said escrow account so that it has a balance of at least $5,000. Such
additional escrow funds shall be deposited with the Town before any
further action or consideration is taken on the application. In the
event that the amount held in escrow by the Town is more than the
amount of the actual invoicing at the conclusion of the project, the
remaining balance shall be promptly refunded within 45 days to the
applicant.
(4)
The total amount of the funds needed as set forth in Subsection C(3) of this section may vary with the scope and complexity of the project, the completeness of the application and other information as may be needed to complete the necessary review, analysis and inspection of any construction or modification. In the event the Planning Board determines that the initial deposit will be insufficient for review of the application, the Planning Board shall notify the applicant, and the applicant shall supplement the escrow fund within 30 days of notice from the Building Inspector of the estimated amount of the review fees necessary to process the application.
D.
Solar easements.
(1)
Where a subdivision or land development involves the use of solar
energy systems, solar easements may be provided. Any such easements
shall be in writing, and shall be subject to the same conveyance and
instrument recording requirements as other easements.
(2)
Any such easements shall be appurtenant; shall run with the land
benefited and burdened; and shall be defined and limited by conditions
stated in the instrument of conveyance. Instruments creating solar
easement shall include, but not be limited to:
(a)
A description of the dimensions of the easement, including horizontal
and vertical angles measured in the degrees or the hours of the day,
on specified dates, during which direct sunlight to a specified surface
or structural design feature may not be obstructed.
(b)
Restrictions on the placement of vegetation, structures and
other objects which may impair or obstruct the passage of sunlight
through the easement.
(c)
Enumeration of the terms and conditions, if any, under which
the easement may be revised or terminated.
(d)
An explanation of the compensation for the owner of the real
property subject to the solar easement for maintaining the easement
and for the owner of the real property benefiting from the solar easement
in the event of interference with the easement.
E.
Penalties for violations.
(1)
In the event of a violation of this chapter, the Town Board may impose
and collect, and the holder of the special permit or site plan approval
for solar collection systems shall pay to the Town, fines and penalties
as set forth below:
(a)
A violation of this chapter is hereby declared to be an offense,
punishable by a fine not exceeding $250 per day or imprisonment for
a period not to exceed six months, or both, for a conviction of a
first offense; for a conviction of a second offense, both of which
were committed within a period of two years, punishable by a fine
of $500 per day or imprisonment for a period not to exceed six months,
or both; and upon conviction of a third or subsequent offense, all
of which were committed within a five-year period, punishable by a
fine of $750 per day or imprisonment for a period not to exceed six
months, or both. However, for the purpose of conferring jurisdiction
upon courts and judicial officers generally, violations of this ordinance
shall be deemed misdemeanors and, for such purpose only, all provisions
relating to misdemeanors shall apply to such violations. Each week's
continued violation shall constitute separate additional violations.
(2)
Notwithstanding anything in this chapter, the owner/operator of a
large-scale solar energy production facility may not use the payment
of fines or any other penalties to avoid compliance with this chapter
or any section of this chapter. An attempt to do so shall subject
the owner/operator of the large-scale solar energy system to termination
and revocation of its certificate of compliance. The Town may also
seek injunctive relief to prevent the continued violation of this
chapter, without limiting other remedies available to the Town.
F.
Default and/or revocation.
(1)
If a large-scale solar energy system is repaired, rebuilt, placed,
moved, relocated, modified or maintained in a way that is inconsistent
or not in compliance with the provisions of this chapter, then the
Code Enforcement Office shall notify the owner/operator of the system
and/or the land owner in writing of such violation. Such notice shall
specify the nature of the violation or noncompliance and that the
violation(s) must be corrected within 120 days of the date of the
postmark of the notice, or of the date of personal service of the
notice, whichever is earlier. Notwithstanding anything to the contrary
in this section or any other section of this chapter, if the violation
causes, creates or presents an imminent danger or threat to the health
or safety of lives or property, the Code Enforcement Office may, at
its sole discretion, order the violation remedied within 24 hours.
(2)
If the Building Inspector or Code Enforcement Officer receives a
complaint, or requests access to inspect a large-scale solar energy
system or solar thermal system, to assess whether the system is operating
as originally designed or assess if the system or property is not
in compliance with any other Town Code provisions, the property owner
and system owner/operator shall allow access to the property and facility
for inspection.
(3)
If, within the period set forth in Subsection F(1) above, the system is not brought into compliance with the provisions of this chapter, or substantial steps are not taken in order to bring the affected system into compliance, then the Code Enforcement Office may revoke the certificate of compliance and shall notify the owner/operator and/or landowner within 48 hours of such action.
Each separate provision of this chapter shall be deemed independent
of all other provisions herein, and if any provisions shall be deemed
or declared invalid, all other provisions hereof shall remain valid
and enforceable.
Where this chapter differs or conflicts with other laws, rules
and regulations, unless the right to do so is preempted or prohibited
by the county, state or federal government, the more restrictive or
protective law of the Town and the public shall apply.
All local laws in conflict with provisions of this chapter are
hereby superseded.
This chapter shall take effect immediately, as provided by law,
upon filing with the Secretary of State.
This chapter is enacted pursuant to the Municipal Home Rule
Law. This chapter shall supersede the provisions of Town Law to the
extent it is inconsistent with the same, and to the extent permitted
by the New York State Constitution, the Municipal Home Rule Law, or
any other applicable statute.
