The Town of Van Buren recognizes that solar energy is a clean,
readily available and renewable energy source. Development of solar
energy systems offers an energy source that can prevent fossil fuel
emissions, reduce the Town's energy demands and attract and promote
green business development within the Town. The Town of Van Buren
has determined that comprehensive regulations regarding the development
of solar energy systems are necessary to protect the interests of
the Town, its residents, and businesses. This article is intended
to promote the effective and efficient use of solar energy systems;
establish provisions for the placement, design, construction, operation
and removal of such systems in order to uphold the public health,
safety and welfare; and to ensure that such systems will not have
a significant adverse impact on the aesthetic qualities and character
of the Town.
This article shall apply to all solar energy systems in the
Town of Van Buren which are installed or modified after the effective
date of this article. All solar energy systems which are installed
or modified after the effective date of this article shall be in compliance
with all of the provisions hereof. 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 of Van Buren
Code.
[Amended 3-6-2024 by L.L. No. 3-2024]
A. Building-integrated solar energy systems.
(1) Districts where allowed. Building-integrated solar energy systems
shall be permitted in all zoning districts within the Town subject
to the submission of, application for and review and issuance of an
applicable building permit. A proposed building-integrated solar energy
system shall be shown on the plans submitted for the building permit.
(2) Building-integrated solar energy systems shall be subject to the general requirements set forth at §
200-91.
B. Roof-mounted solar energy systems.
(1) Districts where allowed. Roof-mounted solar energy systems shall
be permitted in all zoning districts within the Town subject to the
following requirements:
(a)
A solar/building permit shall be required for the installation
of all roof-mounted solar energy systems. An applicant shall submit
the following application materials to the Code Enforcement Officer:
[1]
A site survey and building roof 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 the New
York State Uniform Fire Prevention and Building Code, as applicable.
[2]
A one-line or three-line electrical diagram. The electrical
diagram required by NYSERDA for an incentive application and/or utilities
for an interconnection agreement may also be provided.
[3]
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.
[4]
All electrical diagrams are to be prepared by a professional
engineer or an architectural firm, and the diagrams and plans must
contain the applicable professional's stamp, mark, and/or signature
as required by New York State law and include the following:
[a] Project address, section, block and lot number
of the property;
[b] Owner's name, address and phone number;
[c] Name, address and phone number of the person preparing
the plans; and
[d] System capacity in kW-DC.
(b)
Roof-mounted solar energy systems shall not exceed the maximum
allowed height of the principal use in the zoning district in which
the system is located. If practicable, a roof-mounted solar energy
system on a pitched roof shall be mounted with a maximum distance
of eight inches, or as required by the New York State Uniform Fire
Prevention and Building Code, between the roof surface and the highest
edge of the system.
(c)
Roof-mounted solar energy systems shall be mounted parallel
to the roof plane on which they are mounted. However, in the case
of buildings which have a flat roof, a tilted mount may be permitted
subject to site plan review before the Planning Board and Zoning Board
of Appeals.
(d)
In order to ensure firefighter and other emergency responder
safety, except in the case of accessory buildings under 1,000 square
feet in area, there shall be a minimum perimeter area around the edge
of the roof and structurally supported pathways to provide space on
the roof for walking around all roof-mounted solar energy systems.
[1]
Additionally, installations shall provide for adequate access
and spacing to:
[a] Ensure access to the roof.
[b] Provide pathways to specific areas of the roof.
The specific pathway size per building will be determined and approved
by the Fire Marshal. The Fire Marshal shall determine how close to
the edge of the building that solar panels can go to provide sufficient
area for firefighters to work.
[c] Provide for smoke ventilation opportunity areas.
[d] Provide for emergency egress from the roof.
[2]
Exceptions to these requirements may be requested where access,
pathway or ventilation requirements are reduced due to:
[a] Unique site-specific limitations;
[b] Alternative access opportunities (such as from
adjoining roofs);
[c] Ground-level access to the roof area in question;
[d] Other adequate ventilation opportunities when approved
by the Codes Office or Fire Marshal;
[e] Adequate ventilation opportunities afforded by
panels set back from other roof equipment (For example, shading or
structural constraints may leave significant areas open for ventilation
near HVAC equipment.);
[f] Automatic ventilation devices; or
[g] New technology, methods or other innovations that
ensure adequate emergency responder access, pathways and ventilation
opportunities.
(e)
Roof-mounted solar energy systems shall be subject to the general requirements set forth at §
200-91.
[Amended 3-6-2024 by L.L. No. 3-2024]
A. Districts where allowed. Ground-mounted solar energy systems are
permitted as accessory structures in the following: Residence District
40 (R-40), Agriculture/Residence District 80 (AR-80), Industrial A
District (InA), Industrial B District (InB), Planned Unit Development
(PUD), Planned Commercial (PCD), Planned Industrial (InP), Planned
Office Development (POD), General Business District (GB), Local Business
District (LB), Business/Residence Buffer District (BRB) and Rural
Hamlet District (RH), and further subject to the following requirements:
(1) A solar/building permit and special use permit shall be required
for installation of all ground-mounted solar energy systems.
(2) 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 zone regulations in each applicable zoning district
in which the ground-mounted solar energy system is constructed. Further
setbacks, area and yard requirements and total area/lot coverage restrictions
may be required by the Planning/Zoning Board of Appeals in order to
protect the public's safety, health and welfare.
(3) Ground-mounted solar energy systems shall only be permitted on lots
which are 20,000 square feet or larger.
(4) The height of the solar collector/panel and any mounts shall not
exceed 15 feet in height when oriented at maximum tilt measured from
the ground, including any base.
(5) As part of the special use permit review process, the Zoning Board
of Appeals will determine that a ground-mounted solar energy system
shall be screened when possible and practicable from adjoining lots
and street rights-of-way through the use of architectural features,
earth berms, landscaping, fencing or other screening which will harmonize
with the character of the property and the surrounding area. The proposed
screening shall not interfere with the normal operation of the solar
collectors/panels.
(6) The ground-mounted solar energy system shall be located in a manner
to reasonably minimize view blockage for surrounding properties and
shading of property while still providing adequate solar access for
the solar energy system.
(7) Neither the ground-mounted solar energy system nor any component
thereof shall be sited within any required buffer area, easement,
right-of-way or setback.
(8) The criteria for a special use permit as set forth in §
200-80C(5) shall also be demonstrated for each application.
B. Districts where prohibited. Except for where permitted in Subsection
A herein, ground-mounted solar energy systems are prohibited in all other zoning districts of the Town, including but not limited to: Residence District 10 (R-10), Residence District 15 (R-15), Residence District 20(R-20), Mobile/Manufactured Home Community (MHC) and the overlay and protection districts enumerated in §
200-12 of the Van Buren Code.
[Amended 3-6-2024 by L.L. No. 3-2024]
A. All Tier 1 and Tier 2 solar energy system installations must be performed
by a qualified solar installer.
B. A solar/building permit shall be required for installation of all
solar energy systems.
C. Tier 1 and Tier 2 solar energy systems shall be permitted only to
provide 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 New York
Public Service Law § 66-j or similar state or federal statute.
However, Tier 1 and Tier 2 solar energy system applications in a residential
setting and serving a residential use on a single parcel or lot shall
be limited to 25 kW or less or no more than 110% of energy consumed
on the site in the prior 12 months. solar energy system applications
serving a commercial or industrial use shall be limited to no more
than 110% of energy consumed on the site in the prior 12 months.
D. 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.
E. Any connection to the public utility grid must be inspected by the
appropriate public utility, and proof of inspection shall be provided
to the Town. Prior to such connection, the public utility shall certify
that the electric grid has the capacity to support the energy generated
from the solar energy system.
F. Tier 1 and Tier 2 solar energy systems shall be maintained in good
working order.
G. Tier 1 and Tier 2 solar energy systems shall be permitted only if
they are determined by the Town not to present any unreasonable safety
risks, including but not limited to:
(3) Ingress or egress in the event of fire or other emergency.
H. All Tier 1 and Tier 2 solar energy systems shall meet and comply
with all relevant and applicable provisions of the New York State
Uniform Fire Prevention and Building Code Standards. To the extent
the provisions of the New York State Uniform Fire Prevention and Building
Code are more restrictive than the provisions set forth in this article,
the provisions of the New York State Uniform Fire Prevention and Building
Code shall control.
I. If solar storage batteries are included as part of a Tier 1 and Tier
2 solar energy system, they must be placed in a secure container or
enclosure meeting the requirements of the New York State Uniform 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 other applicable laws and regulations.
J. All utility services and electrical wiring/lines shall be placed
underground and otherwise be placed within the walls or unobtrusive
conduit. Conduits or feeds which are laid on the roof shall be camouflaged
to blend in with the roof and reduce aesthetically objectionable impacts.
Where applicable, the Zoning Board/Planning Board may, for example,
instruct that the conduit matches the building color, to the extent
practical.
K. If a solar energy system ceases to perform its originally intended
function for more than 12 consecutive months, the property owner shall
completely remove the system, mount and all other associated equipment
and components by no later than 90 days after written notice from
the Town. The Building Inspector, Zoning Enforcement Officer, Code
Enforcement Officer and/or Town Engineer shall have the right at any
reasonable time to enter, in the company of the owner or his agent,
to ensure that the solar energy system remains operational.
L. To the extent practicable, solar energy systems shall have neutral
paint colors, materials and textures to achieve visual harmony with
the surrounding area. solar energy systems shall be composed of panels
which are the same or similar in composition and color.
M. 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.
N. All applications and the review of solar energy systems shall comply
with the New York State Environmental Quality Review Act and its implementing
regulations.
O. 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 method for deenergizing the solar energy system
in the event of an emergency. The method and location to de-energize
the solar energy system, once approved by the Code Enforcement Officer,
shall be provided by the applicant to all applicable emergency services
and first responders.
P. Marking of equipment.
(1) solar energy systems and components shall be marked in order to provide
emergency responders with appropriate warning and guidance with respect
to isolating the solar electric system. Materials used for marking
shall be weather-resistant. For residential applications, the marking
may be placed within the main service disconnect. If the main service
disconnect is operable with the service panel closed, then the marking
should be placed on the outside cover.
(2) In the event any of the standards in this subsection for markings
are more stringent than applicable provisions of the New York State
Uniform Fire Prevention and Building Code, they shall be deemed to
be guidelines only, and the standards of the State Code shall apply.
Q. Made in America requirements. All Tier 1 and Tier 2 solar energy
systems shall be required to use solar panels, components and materials
made and manufactured in the United States of America.
[Amended 3-6-2024 by L.L. No. 3-2024]
A. Districts where allowed. Subject to the issuance of site plan approval
and a special use permit and other requirements as set forth herein,
Tier 3 solar energy systems shall be a permitted use in the following
zoning districts subject to the limitations set forth herein: Agriculture/Residence
District 80 (AR-80), Industrial A District (InA), Industrial B District
(InB), and Planned Industrial (InP).
B. Districts where prohibited. Tier 3 solar energy systems shall be prohibited in all other zoning districts, including but not limited to the following districts: Residence District 10 (R-10), Residence District 15 (R-15), Residence District 20 (R-20), Residence District 40 (R-40), Mobile/Manufactured Home Community (MHC), Planned Unit Development (PUD), Planned Office Development (POD), Business/Residence Buffer District (BRB), Rural Hamlet District (RH), and the overlay and protection districts enumerated in §
200-12 of the Van Buren Code. No exemptions are applicable.
C. Lot area and yard regulations. The following lot area and yard regulations
shall apply to Tier 3 solar energy systems:
(1) Minimum street frontage: 100 feet.
(2) Minimum lot area: 15 acres.
(3) Minimum front yard setback: 200 feet.
(4) Minimum rear yard setback: 100 feet.
(5) Minimum side yard setback: 100 feet, except that where an existing
residence abuts the side yard, the setback shall be 200 feet.
(6) Minimum water setback: 200 feet from the high-water mark as determined
by the New York State Department of Environmental Conservation, the
U.S. Army Corps of Engineers local governing body, Canal Corporation
or any other U.S. or state government agency. A written determination
by such agency must be submitted with the application.
D. Permits required. No person, firm or corporation, or other entity
being the owner, occupant, or lessee of any land or premises within
the Town of Van Buren shall use or permit the use of land or premises
for the construction or installation of a Tier 3 solar energy system
without obtaining a building permit, a special use permit issued by
the Planning/Zoning Board and a site plan approval issued by the Planning/Zoning
Board as hereinafter provided.
E. Operating permit. An operating permit shall be required in accordance with §
115-9A(1)(i) of the Town of Van Buren Code.
F. Special use permit.
(1) In addition to the criteria established pursuant to §
200-80C(5), the following criteria are hereby established for purposes of granting a special use permit for a Tier 3 solar energy system under this article:
(a)
Scenic viewsheds. A Tier 3 solar energy system shall not be
installed in any location that would substantially detract from or
block the view(s) of all or a portion of a scenic viewshed or from
a waterfront overlay and stream corridor, as viewed from any public
road, right-of-way or publicly owned land within the Town of Van Buren
or that extends beyond the border of the Town of Van Buren as determined
by the Codes Officer. For purposes of this subsection, consideration
shall be given to any relevant portions of the current, amended and/or
future Town of Van Buren Comprehensive Plan and/or any other prior,
current, amended and/or future officially recognized Town planning
document or resource.
(b)
No Tier 3 solar energy system shall be installed on or within
1,000 feet of wetlands as identified/defined by the New York State
Department of Environmental Conservation, the U.S. Army Corps of Engineers
or local governing body, nor shall a Tier 3 solar energy system be
installed on lands situated within the Onondaga County Sanitary Sewer
District. If proposed lands are located within a designated wetland,
the applicant may submit a wetlands assessment with the application
to authorize the installation of a Tier 3 solar energy system that
is less than 1,000 feet from designated wetlands.
(c)
Emergency shutdown/safety. The applicant shall demonstrate the
existence of adequate emergency/safety measures. The applicant shall
post an emergency telephone number so that the appropriate entities
may be contacted should any solar panel or other component of the
Tier 3 solar energy system need immediate repair or attention. This
emergency telephone number should be clearly visible and in a location
which is convenient and readily noticeable to someone likely to detect
a problem.
(d)
Operation and maintenance plan: submission of a written operation
and maintenance plan for the proposed Tier 3 solar energy system that
includes measures for maintaining safe access, operational maintenance
of the solar farm, and general property upkeep, such as mowing and
trimming. The operation and maintenance plan shall be filed and recorded
by the applicant in the Onondaga County Clerk's office (indexed
to the property) following approval of the site plan by the Planning
Board.
(e)
Security. All Tier 3 solar energy systems shall be secured to
the extent practicable to restrict unauthorized access.
(f)
Access road. To the greatest extent possible, existing roadways
shall be used for access to the site and its improvements. In the
case of constructing any roadways necessary to access the Tier 3 solar
energy system, they shall be constructed in a way that allows for
the passage of emergency vehicles in the event of an emergency. Each
application shall be accompanied by correspondence from the responding
fire department and emergency care provider as to the acceptability
of the proposed ingress to and egress from the Tier 3 solar energy
system site.
(g)
The development and operation of the Tier 3 solar energy system
shall not have a significant impact on fish, wildlife, animal or plant
species or their critical habitats, or other significant habitats
identified by the Town of Van Buren or federal or state regulatory
agencies. The Town encourages the dual use of any land planned for
a Tier 3 solar energy system, including livestock and uses that encourage
pollination.
(h)
Setbacks. Additional setbacks may be required from those set
forth in this section by the Zoning Board/Planning Board in order
to provide for the public's safety, health and welfare.
G. Site plan review.
(1) The following submission requirements must be observed regarding a site plan application for a Tier 3 solar energy system. The Planning/Zoning Board may also require any of the requirements of §
200-79 as part of the submission.
(a)
A completed application form as supplied by the Town of Van
Buren for site plan approval for a Tier 3 solar energy system.
(b)
Proof of ownership of the premises involved or proof that the
applicant has written permission of the owner to make such application.
(c)
Plans and drawings of the proposed Tier 3 solar energy system
installation signed, marked and/or stamped by a professional engineer
or architect registered in New York State showing the proposed layout
of the entire Tier 3 solar energy system, 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 Planning/Zoning
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 structures
and uses on the site.
[3]
Location and elevation of the proposed Tier 3 solar energy system
and all components thereof.
[4]
Location of all existing aboveground 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 solar energy system 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 (if permitted)
and underground 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 and/or interconnection to the
public utility grid must be identified and subsequently inspected
by the appropriate public utility; further, certification from such
public utility is required evidencing the availability of capacity.
[6]
Location of all service structures proposed as part of the installation
and primary equipment sheets.
[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. Noninvasive,
native ground cover, under and between the rows of solar panels shall
be low-maintenance, drought-resistant, non-fertilizer-dependent and
shall be pollinator-friendly to provide a habitat for bees, birds,
bats, and other insects or wildlife that pollinate flowering plants,
and includes both wild and managed insects. Herbicides are prohibited
except where the Planning Board finds it impractical to use mechanical
means to control vegetation.
[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/Zoning Board
during review. Such plantings and screening shall be continuously
maintained and replaced if dead, dying, or falling into disrepair.
[9]
Soil type(s) at the proposed site.
(d)
Photographic simulations shall be included showing the proposed
Tier 3 solar energy system, 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 solar energy system or from other
vantage points selected by the Planning/Zoning Board.
(e)
Prior to the issuance of a solar 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.
(f)
A one- or three-line electrical diagram detailing the solar
energy system installation, associated components, and electrical
interconnection methods, with all disconnects and overcurrent devices.
(g)
Documentation of access to the project site(s), including location
of all access roads, gates, parking areas, etc.
(h)
A plan for clearing and/or grading of the site and a stormwater
pollution prevention plan (SWPPP) for the site. The SWPPP shall be
filed and recorded in the Onondaga County Clerk's office (indexed
against the property) by the applicant following Planning Board approval
(prior to commencement of construction) and shall provide for access
to the Town of Van Buren in the event of a default of the operator's
obligations under the SWPPP. The SWPPP shall include a security amount
approved by the Town's Consulting Engineer and shall remain in
place until decommissioning is complete.
(i)
Documentation of utility notification, including an electric
service order number.
(j)
Sun chart. Where deemed appropriate, the Planning/Zoning Board may require that the applicant submit a sun chart for the proposed site indicating the sun angle for the southern boundary of the site for a minimum four-hour continuous period during the time of the highest sun angle on December 21, along with the potential for existing buildings, structures, and/or vegetation on the site or on adjacent sites to obstruct the solar skyspace of the proposed Tier 3 solar energy system. The sun chart shall also indicate the potential for obstructions to the solar skyspace of the proposed Tier 3 solar energy system under a scenario where an adjacent site is developed as otherwise permitted by applicable provisions of Chapter
200 of the Code of the Town of Van Buren with a building/structure built to maximum bulk and height at the minimum setback. Where no standards for setback are established, this scenario shall assume a maximum setback of five feet from the property line. The sun chart shall be kept on file at the Town Code Enforcement office and determine the minimum setback required for any solar collectors from the south property line as well as the solar skyspace that should be considered when development of neighboring properties occurs. This section in no way places responsibility on the Town for guaranteeing the solar skyspace of a solar energy system.
(k)
The manufacturer's or installer's identification and
appropriate warning signage shall be posted at the site and be clearly
visible. All Tier 3 solar energy systems shall be required to use
solar panels, components and materials made and manufactured in the
United States of America.
(l)
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.
(m)
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 20 feet measured from the ground, including
any base or supporting materials. Neutral paint colors, materials
and textures may be required for Tier 3 solar energy system components,
buildings and structures to achieve visual harmony with the surrounding
area.
(n)
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.
(o)
Artificial lighting of Tier 3 solar energy systems shall be
limited to lighting required for safety and operational purposes and
shall be shielded from all neighboring properties and public roads.
(p)
Tier 3 solar energy systems shall be enclosed by perimeter fencing
to restrict unauthorized access as approved by the Planning/Zoning
Board. The style and type of fence shall be approved by the Planning/Zoning
Board as part of the site plan.
(q)
Only signage used to identify the location of the Tier 3 solar
energy system shall be allowed, and such signage shall otherwise comply
with the Town's sign regulations and requirements.
(r)
To the extent practicable, equipment that produces noise above
ambient levels during normal operation shall be placed in the center
of the solar array or at a minimum of 1,000 feet from the nearest
property line. At any time after operation of the Tier 3 solar energy
system commences, the Town may require the applicant to perform a
noise study to confirm compliance with this provision.
(s)
All applications shall be accompanied by a full environmental
assessment form for purposes of environmental review under the New
York State Environmental Quality Review Act (SEQRA), including a visual impact analysis/visual environmental
assessment form. The following additional material may be required
by the Planning/Zoning Board:
[1]
A digital-elevation-model-based project visibility map showing
the impact of topography upon visibility of the project from other
locations, to a distance radius of three miles from the center of
the project. Scaled use shall depict a three-mile radius as not smaller
than 2.7 inches, and the base map shall be a published topographic
map showing cultural features.
[2]
No fewer than four color photos taken from locations within
a three-mile radius from the proposed location, as selected by the
Planning/Zoning Board and computer-enhanced to simulate the appearance
of the as-built aboveground Tier 3 solar energy system components
as they would appear from these locations.
(2) Site plan review criteria. In addition to the above, no site plan
shall be approved unless the Planning/Zoning Board determines that
the proposed Tier 3 solar energy system complies with the following:
(a)
The use is oriented in its location upon the site as to layout,
coverage, screening, means of access and aesthetics so that:
[1]
The flow control and safety of traffic and human beings shall
not be adversely affected to an unreasonable degree;
[2]
There is reasonable compatibility in all respects with any structure
or use in the surrounding area, actual or permitted, which may be
directly substantially affected;
[3]
There shall not be any unreasonable detriment to any structure
or use, actual or permitted, in the surrounding area;
[4]
There is a reasonable provision for open space and yard areas
as appropriate to the surrounding area.
H. Public hearing. No action shall be taken by the Planning/Zoning Board
to issue a special use permit or site plan approval, nor the Zoning
Board of Appeals to grant a use or area variance in relation to an
application for a Tier 3 solar energy system until after public notice
and a public hearing. Proper notice of a hearing before the Board
shall be given by legal notice published in the official newspaper
of the Town of Van Buren at least 10 days before the date set for
such public hearing(s) and written notice mailed to the applicant
or his agent at the address given in the application to be considered.
The applicant shall be responsible for notifying, by certified mail,
all property owners of record within 500 feet of the outside perimeter
of the boundary line of the property involved in the application of
the time, date and place of such public hearing at least 10 days'
prior to such hearing. Notice shall be deemed to have been given if
mailed to the property owner at the tax billing address listed on
the property tax records of the Town Assessor or at the property address.
At least seven days' prior to such hearing, the applicant shall
file with the Board his/her affidavit verifying the mailing of such
notices. Failure of the property owners to receive such notice shall
not be deemed a jurisdictional defect.
I. Compliance with New York State Uniform Fire Prevention and Building
Code.
(1) Building permit applications shall be accompanied by standard drawings
of structural components of the Tier 3 solar energy system and all
its components (including but not limited to solar panel, solar collector,
solar energy system, etc.). Drawings and any necessary calculations
shall be certified, in writing, by a New York State registered professional
engineer that the system complies with the New York State Uniform
Fire Prevention and Building Code. This certification would normally
be supplied by the manufacturer.
(2) Where the structure, components or installation vary from the standard
design or specification, the proposed modification shall be certified
by a New York State registered professional engineer for compliance
with the structural design provisions of the New York State Uniform
Fire Prevention and Building Code.
J. Compliance with state, local and national electric codes.
(1) Building permit applications shall be accompanied by a line drawing
identifying the electrical components of the Tier 3 solar energy system
to be installed in sufficient detail to allow for a determination
that the manner of installation conforms with the National Electrical
Code. The application shall include a statement from a New York State
registered professional engineer indicating that the electrical system
conforms with good engineering practices and complies with the National
Electrical Code, as well as applicable state and local electrical
codes. This certification would normally be supplied by the manufacturer.
All equipment and materials shall be used or installed in accordance
with such drawings and diagrams.
(2) Where the electrical components of an installation vary from the
standard design or specifications, the proposed modifications shall
be reviewed and certified by a New York State registered professional
engineer for compliance with the requirements of the National Electrical
Code and good engineering practices.
K. Agricultural resources. For projects located on agricultural lands:
(1) The Planning Board shall in all instances give special consideration
to areas that consist of prime farmland, prime soils, prime soil lands,
and/or farmland of statewide importance and the removal of such lands
when reviewing applications and granting special use permits and site
plan approvals to solar farm applicants under this law.
(2) Tier 3 solar energy systems shall avoid soils classified as prime
farmland, prime farmland if drained, prime soils, prime soil lands,
or farmland of statewide importance as classified by the United States
Department of Agriculture, New York State, the Town of Van Buren,
or the Natural Resources Conservation Service, to the greatest extent
possible.
(3) To the maximum extent practicable, Tier 3 solar energy systems approved
to be located on land used for agricultural purposes shall be constructed
in accordance with the construction requirements of the New York State
Department of Agriculture and Markets.
(4) Tier 3 solar energy system applicants 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 applicants shall use native plant
species and seed mixes.
(5) Where a Tier 3 solar energy system is to be located on agricultural
land, the applicant shall hire an environmental monitor (EM) to oversee
the construction, restoration, and subsequent monitoring of the agricultural
lands. The EM is to be on site whenever construction is occurring
on the agricultural land(s) and any construction shall be coordinated
with the Town's Code Enforcement Officer and the New York State
Department of Agriculture and Markets to develop an appropriate schedule
for inspections to assure these lands are being preserved and protected
to the greatest extent possible.
(6) Fencing and watering systems associated with rotational grazing systems
and reduction in farmland viability due to the reduction in remaining
productive farmland shall be assessed and mitigated to the greatest
extent possible.
(7) Structures for overhead collection lines, interconnect cables and
transmission lines installed aboveground (when unavoidable) shall
be located outside agricultural field boundaries. When aboveground
cables and transmission lines must cross agricultural fields, the
applicant shall use taller structures that provide longer spanning
distances and locate poles on field edges to the greatest extent practicable.
(a)
All buried electric cables in cropland, hayland and improved
pastures shall have a minimum depth of 48 inches of cover. At no time
is the depth of cover to be less than 24 inches below the soil surface.
(b)
The Onondaga County Soil and Water Conservation District is
to be consulted concerning the type of intercept drain lines whenever
buried electric cables alter the natural stratification of soil horizons
and natural soil drainage patterns.
(8) Access roads are to be located along the edge of agricultural fields,
in areas next to hedgerows and field boundaries, and in the nonagricultural
portions of the site.
(9) The amount of cut and fill shall be minimized so as to reduce the
risk of creating drainage problems by locating access roads, which
cross agricultural fields, along ridge tops and by following field
contours to the greatest extent possible.
(10)
The width of access roads across or along agricultural fields
is to be no wider than 20 feet so as to minimize the loss of agricultural
lands and comply with the New York State Fire Code.
(11)
The surface of Tier 3 solar energy system access roads to be
constructed through agricultural fields should be level with the adjacent
field surface where possible.
(12)
All existing drainage and erosion control structures such as
diversions, ditches, and tile lines shall be preserved, and applicants
shall take appropriate measures to maintain the design and effectiveness
of these structures. Applicants shall repair any structure disturbed
during construction to as close to original condition as possible
unless such structures are to be eliminated based upon an approved
site plan for the solar farm.
(13)
Culverts and water bars are to be installed to maintain natural
drainage patterns.
(14)
All topsoil areas to be used for vehicle and equipment traffic,
parking, equipment laydown, and as storage areas are to be stripped.
(15)
All topsoil stripped from work areas (parking areas, electric
cable trenches, along access roads) is to be stockpiled separate from
other excavated materials (rock and/or subsoil).
(16)
Where an open trench is required for cable installation, topsoil
stripping from the entire work area may be necessary. As a result,
additional workspace may be required as part of site plan approval.
(17)
A maximum of 50 feet of temporary workspace is to be provided
along open-cut electric cable trenches for proper topsoil segregation.
All topsoil will be stockpiled immediately adjacent to the area where
stripped/removed and shall be used for restoration on that particular
site. No topsoil shall be removed from the site.
(18)
The site plan shall clearly designate topsoil stockpile areas
in the field and on the construction drawings.
(19)
All vehicle and equipment traffic and parking to the access
road and/or designated work areas, such as laydown areas, are to be
limited in size to the greatest extent practical.
(20)
No vehicles or equipment are to be allowed outside the work
area without prior approval from the EM.
(21)
In pasture areas, it is necessary to construct temporary or
permanent fences around work areas to prevent livestock access, consistent
with any applicable landowner agreements.
(22)
Excess concrete used in the construction of the site is not
to be buried or left on the surface in active agricultural areas.
Concrete trucks will be washed outside of active agricultural areas.
L. Road remediation. The applicant shall be responsible for remediation
of any roads damaged during the construction of and/or completion
of the installation (or removal) of any Tier 3 solar energy system
approved pursuant to this article. The Highway Superintendent is hereby
authorized and directed to ensure a public improvement (road repairs)
cash security be posted prior to the issuance of any building permit
in an amount sufficient to compensate the Town for any damage to local
roads that is not corrected by the applicant. The Highway Superintendent
is authorized to consult with any necessary professional to determine
or confirm the cash security amount all at the sole cost and expense
of the applicant. Such cash security shall be in addition to other
securities required in this article/chapter.
M. Restoration requirements. Following construction/installation of
the Tier 3 solar energy system, applicants shall restore all disturbed
areas where soil has been exposed as follows:
(1) Be decompacted if soil compaction results are more than 250 pounds
per square inch (psi) as measured with a soil penetrometer. In such
cases where results are more than 250 psi, soil shall be decompacted
to a depth of 18 inches with a deep ripper or heavy-duty chisel plow.
In areas where the topsoil was stripped, soil decompaction should
be conducted prior to topsoil replacement. Topsoil shall be replaced
to original depth and original contours reestablished where possible.
Subsoil decompaction and topsoil replacement shall be avoided after
October 1 of each year.
(2) Regrade all access roads to allow for farm equipment crossing and
to restore original surface drainage patterns or other drainage pattern
incorporated into the approved site design by the Planning Board/Board
of Appeals.
(3) Seed all restored agricultural areas with the seed mix specified
by the EM and this article, in order to maintain consistency with
the surrounding areas.
(4) All damaged subsurface or surface drainage structures are to be repaired
to preconstruction conditions, unless said structures are to be removed
as part of the site plan approval. All surface or subsurface drainage
problems resulting from construction of the solar energy project shall
be remedied with the appropriate mitigation measures as determined
by the EM.
(5) Postpone any restoration practices until favorable (workable, relatively
dry) topsoil/subsoil conditions exist. Restoration is not to be conducted
while soils are in a wet or plastic state of consistency. Stockpiled
topsoil should not be regraded, and subsoil should not be decompacted
until plasticity, as determined by the Atterberg Limits and Field
Test, is adequately reduced. No project restoration activities are
to occur in agricultural fields between the months of October and
May unless favorable soil moisture conditions exist.
(6) Following site restoration, remove all construction debris from the
site.
(7) Following site restoration, the project sponsor is to provide a monitoring
and remediation period of no less than two years. General conditions
to be monitored include topsoil thickness, relative content of rocks
and large stones, trench settling, crop production, drainage and repair
of severed subsurface drain lines, fences, etc.
(8) Mitigate any topsoil deficiency and trench settling with imported
topsoil that is consistent with the quality of topsoil on the affected
site. All excess rocks and large stones are to be removed from the
site.
(9) All concrete piers, footers, or other supports are to be removed
to a depth of 48 inches below the soil surface.
N. Post-construction/installation certification. Following the construction/installation
of the Tier 3 solar energy system, the applicant shall provide a post-construction/installation
certification from a professional engineer registered in New York
State that the project complies with any and all applicable codes
and industry practices and has been constructed and is operating according
to the drawings and development plan(s) submitted to the Town and
this article.
O. Insurance. The applicant, owner, lessee or assignee shall at all
times during construction and operation maintain a current insurance
policy which will cover installation and operation of the solar farm
and shall be increased annually per industry standards. Said policy
shall provide a minimum of $5,000,000 property and personal liability
coverage. Proof of such policy shall be provided to the Town on an
annual basis. Notwithstanding any terms, conditions, or provisions
in any other writing between the parties, the applicant shall agree
to effectuate the naming of the Town as an additional insured on the
applicant's insurance policies, with the exception of workers'
compensation and NYS disability insurance. The policy naming the Town
as an additional insured shall:
(1) Be an insurance policy from an A.M. Best rated "secured" or better
insurer, authorized to conduct business in New York State. A New York
State licensed insurer is preferred.
(2) State that the applicant's insurance coverage shall be primary
and noncontributory coverage for the Town, its Board, employees, agents,
and volunteers.
(3) Additional insured status shall be provided by standard or other
endorsements that extend coverage to the Town for both ongoing and
completed operations. A completed copy of the endorsements shall be
attached to the certificate of insurance.
(4) The applicant shall provide a copy of the declaration page of the
liability policies with a list of endorsements and forms. If so requested,
the applicant will provide a copy of the policy endorsements and forms.
(5) The certificate of insurance shall contain a provision that coverage
afforded under the applicable policy shall not be cancelled or terminated
until at least 30 days' prior notice has been provided to the
Town. In the event of a termination, cancellation, or lapse of the
required insurance coverage, the special use permit to operate the
solar energy system shall be immediately suspended and operation of
the system shall cease. Upon restoration of the required insurance
coverage, to the satisfaction of the Town, permission to operate the
solar farm may be restored.
P. Inspections. Annual inspections of the Tier 3 solar energy systems shall be performed by the Code Enforcement Officer and the Town of Van Buren's solar consultant. Any fees associated with such annual inspection shall be the sole responsibility of the solar energy systems' owner/operator. Such annual inspection shall confirm compliance with the terms of the operational permit issued in accordance with §
200-92E, which shall include, but shall not be limited to, review of the installed and maintained landscaping. The Building Inspector, Zoning Enforcement Officer, Code Enforcement Officer and/or Town Engineer shall have the right at any reasonable time to enter, in the company of the owner or his agent, the premises on which a Tier 3 solar energy system is being or has been constructed, to inspect all parts of said Tier 3 solar energy system installation and require that repairs or alterations be made if, in his judgment, there exists a deficiency in the operation or the structural stability of the Tier 3 solar energy system or any component thereof. If necessary, the Building Inspector or Town Engineer may order the system secured or to otherwise cease operation. It shall not be required that the owner or agent be present in the event of an emergency situation involving danger to life, limb or property.
Q. Power to impose conditions. In granting any site plan approval, special
use permit or variance for a Tier 3 solar energy system, the Planning
Board or Zoning Board of Appeals, as the case may be, may impose reasonable
conditions to the extent that such Board finds that such conditions
are necessary to minimize any adverse effect or impacts of the proposed
use on neighboring properties and to protect the general health, safety
and welfare of Town residents and others.
R. Decommissioning and removal of Tier 3 solar energy systems. The following
shall be the minimum requirements to be addressed for the decommissioning
of every Tier 3 solar energy system:
(1) The submission of an acceptable decommissioning plan and decommissioning
cash security subject to review by the Town's consulting attorneys
and engineers and approved by the Town of Van Buren. For purposes
of the decommissioning plan and decommissioning security, the following
shall constitute "decommissioning events" triggering the decommissioning
of the site and/or a call on the decommissioning security: a) if construction
and installation of the project improvements are not completed within
18 months of commencement of construction (Such time period may be
reasonably extended upon notification to the Town and with good cause
shown for any delays in completion.); b) if the Tier 3 solar energy
system ceases to be used for its intended purpose for 12 consecutive
months (Such time period may be reasonably extended upon notification
to the Town with good cause shown.); c) at the time of decommissioning,
complete removal of the project within 90 days thereafter, except
for any portions of the project access roads otherwise requested by
the owner to remain to facilitate agricultural access to the property
or conduit buried more than four feet below ground; d) upon the end
of the project's operation; e) if the applicant, or its successors
or assigns, seeks dissolution or files for bankruptcy; or f) failure
to have in place or timely replace adequate decommissioning securities.
All decommissioning activities shall be completed to the reasonable
satisfaction of the Town and consistent with the decommissioning plan.
Such agreement shall also include a commitment by the applicant to
impose a similar obligation to remove any unused and/or obsolete solar
panels upon any person subsequently securing rights to relocate the
solar panels. The applicant shall include, at a minimum, the following
binding terms in the decommission plan:
(a)
Complete removal of aboveground and below-ground equipment,
fencing, structures, and foundations.
(b)
Restoration of the surface grade and soil after removal of equipment
to the condition (or better) in which it existed prior to the installation.
This includes adding an adequate layer of topsoil where existing topsoil
has been removed or eroded, and reseeding and/or reforestation of
areas that were cleared of mature trees (with established growth demonstrated).
(c)
Herbaceous revegetation of restored soil areas with native seed
mixes, excluding any invasive species.
(d)
Specifically address the useful lifespan of proposed solar facilities
and any storage batteries; the current New York State and federal
rules and regulations regarding placement thereof and disposal thereof
at the end of their useful lifespan; together with plans for replacement
of solar storage batteries. The financial surety required by the Town
shall take into account maintenance, replacement, and disposal of
solar storage batteries if included in the application for a Tier
3 solar energy system.
(e)
Such decommissioning plan shall be executed by the applicant
and the property owner and shall be recorded against the property
in the Onondaga County Clerk's office.
(2) Cash Security. The applicant shall be required to deposit with the
Town of Van Buren cash security in an amount sufficient for the faithful
performance of the terms and conditions of the permit issued under
this article, and to provide for expenses associated with the decommissioning
removal and restoration of the site subsequent to the removal of the
Tier 3 solar energy system. The amount of the cash security shall
be no less than 150% of the cost of the removal of the solar panels
and restoration of the site, and shall further be reviewed and adjusted
at five-year increments. Such amounts shall account for inflation
and prevailing wage costs for decommissioning. In the event of a default
upon performance of such conditions or any of them, the cash security
shall be forfeited to the Town, upon demand. The cash security shall
remain in full force and effect until the complete removal of the
solar panels and site restoration is finished.
S. If solar storage batteries are included as part of a Tier 3 solar
energy system, they must be placed in a secure container or enclosure
meeting the requirements of the New York State Uniform 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 other
applicable laws and regulations.
T. Fees. Fees, a portion of which shall be directed to farmland protection funds, for applications and permits under this article shall be established by resolution of the Town Board of the Town of Van Buren. Consistent with the procedure of §
107-5 of the Town of Van Buren Town Code (Deposit of funds; payment of fees), it shall be the applicant's responsibility 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 Tier 3 solar energy system under this article.
U. Reference to § 94-c. Any proposed solar energy system subject
to review by the New York State Board on Electric Generation Siting
and the Environment pursuant to Article 10 of the New York State Public
Service Law, or the Office of Renewable Energy Siting pursuant to § 94-c
of the New York State Executive Law, shall be subject to all substantive
provisions of this article and any other applicable provisions of
the Town of Van Buren Town Code.
V. Waiver. The Planning/Zoning Board may, under appropriate circumstances,
waive one or more of the submission requirements contained herein.