Town of Ellicott, NY Alternative Energy Systems

Definitions. As used in this section, the following terms shall have the meanings indicated:

COMMERCIAL SOLAR ENERGY PRODUCTION SYSTEM

An arrangement or combination of components installed upon land that utilize solar radiation to produce energy designed to provide electricity for on-site or off-site use pursuant to a power purchase agreement.

Use regulations and site plan review. A commercial solar energy production system shall be permitted by a special use permit. In addition to the requirements set forth in this section, all such permitted and special use permit uses shall be subject to the site plan review process in Chapter 121. The project applicant shall provide the following documents, as deemed applicable by the Zoning Board of Appeals:

(1)

The commercial solar energy system shall be on a parcel of not less than five acres.

(2)

All ground-mounted panels shall not exceed the height of eight feet unless the applicant can demonstrate special circumstances exist which warrant exceeding the eight feet height requirement. The primary reason for the height restriction is to limit visibility of the structures from neighboring properties.

(3)

All mechanical equipment of a commercial solar energy system, including any structure for batteries or storage cells, is completely enclosed by a minimum eight-foot-high fence with self-locking gate.

(4)

The total surface area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells, panels, and arrays, shall not exceed 80% of the total parcel area.

(5)

The installation of a vegetated perimeter buffer to provide year-round screening of the system from adjacent properties.

(6)

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

(7)

All on-site utility and transmission lines are, to the extent feasible, placed underground.

(8)

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

(9)

The system is designed and situated to be compatible with the existing uses on adjacent and nearby properties.

(10)

Property lines and physical features, including roads, for the project site.

(11)

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

(12)

Blueprints or drawings of the solar energy system showing the proposed layout of the system, any potential shading from nearby structures, the distance between the proposed solar collector and all property lines and existing on-site buildings and structures, and the tallest finished height of the solar collector.

(13)

Utility notification. No grid-intertie photovoltaic system shall be installed until evidence has been given to the Zoning Board of Appeals that the owner has submitted notification to the utility company of the customer's intent to install an interconnected customer-owned generator. Off-grid systems are exempt from this requirement.

(14)

Visual impact. Reasonable efforts, as determined by the Zoning Board of Appeals, shall be made to minimize visual impacts by preserving natural vegetation, screening abutting properties, or other appropriate measures.

(15)

Land clearing, soil erosion and habitat impacts. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of ground-mounted solar energy systems or as otherwise prescribed by applicable laws, regulations, and bylaws/ordinances.

(16)

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

(17)

Name, address, and contact information for the proposed system installer.

(18)

Name, address, phone number and signature of the project proponent, as well as all co-proponents or property owners, if any.

(19)

The name, contact information and signature of any agents representing the project proponent.

(20)

Zoning district designation for the parcel(s) of land comprising the project site.

(21)

Any special use permit approval granted under this section shall have a term of 20 years, commencing from the grant of the special use permit, which may be extended for additional five-year terms upon application to the Town Council.

(22)

Abandonment/decommissioning/removal.

(a)

Any commercial solar energy production system that is not operated for a continuous period of 24 months shall be deemed abandoned. At that time, the owner of the commercial solar energy production system or the owner of the property where the commercial solar energy production system is located shall remove all components thereof within 90 days of such deemed abandonment or will be in violation of this section. In the case of a commercial solar energy production system on preexisting structures, this provision shall apply to the commercial solar energy production system only. Additionally, the Town may recover such costs through the surety bond or escrow referred to in § 146-79C(1)(e).

(b)

This section is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through removal provisions to ensure the proper decommissioning of commercial solar energy production systems within the entire Town. The removal reduction provision of this section shall supersede any inconsistent portions of the Town Law and govern the subject of removal of commercial solar energy production systems in this section.

(23)

In approving a special use permit, the Zoning Board of Appeals may waive or modify any of the above criteria if it finds that there is no detriment to public health, safety and welfare.

Decommissioning plan and fee schedule for commercial solar energy site plan applications.

(1)

All applications for a commercial solar energy system shall be accompanied by a decommissioning plan to be implemented upon abandonment and/or in conjunction with removal of the commercial solar energy system. Prior to removal of commercial solar energy system, a permit for removal activities shall be obtained from the Code Enforcement Officer. The decommissioning plan shall include the following provisions:

(a)

Restoration of the surface grade and soil after removal of aboveground structures and equipment.

(b)

Restoration of soil areas with native seed mixes, and/or plant species suitable to the area, which shall not include any invasive species.

(c)

Retention of access roads, fences, gates or buildings or buffer plantings, as required at the discretion of the Town.

(d)

The disposal of all solid and hazardous wastes shall be in accordance with all local, state, and federal waste disposal regulations.

(e)

An applicant for a commercial solar energy system may be required, at the discretion of the Zoning Board of Appeals, to provide a form of surety, either through escrow account, bond or otherwise, at the time of application to cover the cost of decommissioning and removal in the event the Town must remove the installation and remediate the landscape, in the amount and form deemed to be reasonable by the Town Attorney, who may consult with an engineer. Such surety will not be required for municipal or state-owned facilities. The applicant for the facility shall submit a full inclusive estimate of the cost associated with removal prepared by a professional engineer. This requirement is separate and apart from the performance bond referred to above.

(2)

The fees for the building permit, site plan review and Zoning Board of Appeals application shall be set forth in the Town of Ellicott fee schedule.