[HISTORY: Adopted by the Town Board of the Town of Montour 9-8-2020 by L.L. No. 1-2020. Amendments noted where applicable.]
This chapter is adopted pursuant to §§ 261 through
263 of the Town Law of the State of New York, which authorize the
Town of Montour to adopt zoning provisions that advance and protect
the health, safety and welfare of the community, and, in accordance
with the Town Law of New York State, "to make provision for, so far
as conditions may permit, the accommodation of solar energy systems
and equipment and access to sunlight necessary therefor," and § 10(1)(ii)(a)(9-a),
(11) and (12) of the Municipal Home Rule Law of the State of New York.
This chapter is adopted to advance and protect the public health,
safety, and welfare of the Town by creating regulations for the installation
and use of solar energy generating systems and equipment, with the
following objectives:
A.
To take advantage of a safe, abundant, renewable and non-polluting
energy resource;
B.
To decrease the cost of electricity to the owners of residential
and commercial properties, including single-family houses;
C.
To increase employment and business development in the Town, to the
extent reasonably practical, by furthering the installation of solar
energy systems;
D.
To mitigate the impacts of solar energy systems on environmental
resources such as important agricultural lands, forests, wildlife
and other protected resources; and
E.
To create synergy between solar and existing Town goals, such as
protecting assets that are essential to the Town's rural character;
developing and enhancing regional approaches to economic development;
advancing community development objectives.
As used in this chapter, the following terms shall have the
meanings indicated:
A combination of solar panels and solar energy equipment
integrated into any building envelope system, such as vertical facades,
semitransparent skylight systems, roofing materials, or shading over
windows, which produce electricity for on-site consumption.
Building Inspector 3, and/or such other officer(s) designated
by the Town Board for administration and enforcement of this chapter.
Land, designated as "farmland of statewide importance" in
the U.S. Department of Agriculture Natural Resources Conservation
Service (NRCS)'s Soil Survey Geographic (SSURGO) Database on
Web Soil Survey, that is of statewide importance for the production
of food, feed, fiber, forage, and oilseed crops as determined by the
appropriate state agency or agencies. Farmland of statewide importance
may include tracts of land that have been designated for agriculture
by state law.
The effect by reflections of light with intensity sufficient
as determined in a commercially reasonable manner to cause annoyance,
discomfort, or loss in visual performance and visibility in any material
respects.
A solar energy system that is anchored to the ground via
a pole or other mounting system, detached from any other structure,
that generates electricity for on-site or off-site consumption.
As defined by the United States Environmental Protection Agency in 40 CFR 261 and New York State Department of Environmental Conservation in 6 NYCRR Part 371, as well as other material regulated for the purpose of release, reuse, disposal, or recycling (e.g., CFCs, ethylene glycol, toxic heavy metals, oil). Disposal of such waste shall be conducted in accordance with the provisions set forth in § 154-8, Permitting requirements for Tier 3 solar energy systems, Subsection H, Decommissioning, and in Appendix 4, Example Decommissioning Plan.[1]
Native wildflowers, forbs, and grasses that serve as habitat,
forage, and migratory way stations for pollinators and shall not include
any prohibited or regulated invasive species as determined by the
New York State Department of Environmental Conservation.
The party or parties that owns and/or operates a solar energy
system, which may the same as, or different than, the owner.
The record owner(s) of the real property upon which a solar
energy system is situated.
Bees, birds, bats, and other insects or wildlife that pollinate
flowering plants, and includes both wild and managed insects.
Flora which attract or provide habitat for pollinator species
such as bees, birds, bats, and other insects or wildlife that pollinate
flowering plants.
Land, designated as "prime farmland" in the U.S. Department
of Agriculture Natural Resources Conservation Service (NRCS)'s
Soil Survey Geographic (SSURGO) Database on Web Soil Survey, that
has the best combination of physical and chemical characteristics
for producing food, feed, forage, fiber, and oilseed crops and is
also available for these land uses.
A solar energy system located on the roof of any legally
permitted building or structure that produces electricity for on-site
or off-site consumption.
Space open to the sun and clear of overhangs or shade so
as to permit the use of active and/or passive solar energy systems
on individual properties.
Electrical material, hardware, inverters, conduit, storage
devices, or other electrical and photovoltaic equipment associated
with the production of electricity.
The components and subsystems required to convert solar energy
into electric energy suitable for use. The term includes, but is not
limited to, solar panels and solar energy equipment. The area of a
solar energy system includes all the land inside the perimeter of
the solar energy system, which extends to any interconnection equipment.
A solar energy system is classified as a Tier 1, Tier 2, or Tier 3
solar energy system as follows.
Tier 2 solar energy systems include ground-mounted solar energy
systems with system capacity up to 25 kW AC and that generate no more
than 110% of the electricity consumed on the site over the previous
12 months.
Tier 3 solar energy systems are systems that are not included
in the list for Tier 1 and Tier 2 solar energy systems.
A photovoltaic device capable of collecting and converting
solar energy into electricity.
A device that stores energy and makes it available in an
electrical form.
Zoning Ordinance of the Town of Montour adopted by the Town
as Local Law No. 2008-1, as amended.[2]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
A.
The requirements of this chapter shall apply to all solar energy
systems permitted, installed, or modified in the Town after the effective
date of this chapter, excluding general maintenance and repair.
B.
Solar energy systems constructed or installed prior to the effective
date of this chapter shall not be required to meet the requirements
of this chapter.
C.
Modifications to an existing solar energy system that increase the
solar energy system area by more than 5.0% of the original area of
the solar energy system or by more than an additional area of more
than 2.0 acres (exclusive of moving any fencing), whichever area threshold
is met first, shall be subject to this chapter.
D.
All solar energy systems shall be designed, erected, and installed
in accordance with all applicable codes, regulations, and industry
standards as referenced in the New York State Uniform Fire Prevention
and Building Code ("Building Code"), the New York State Energy Conservation
Code ("Energy Code"), and the Zoning Law; provided, however, that
in the event of any conflict between the Zoning Law and this chapter,
this chapter shall control.
A.
A building permit shall be required for installation of all solar
energy systems.
B.
Issuance of permits and approvals by the Town Planning Board shall
include review pursuant to the State Environmental Quality Review
Act [Environmental Conservation Law Article 8 and its implementing
regulations at 6 NYCRR Part 617 ("SEQRA")].
All Tier 1 solar energy systems shall be permitted in all zoning
districts and shall be exempt from site plan review under the local
zoning code or other land use regulation, subject to the following
conditions for each type of solar energy system:
A.
Roof-mounted solar energy systems.
(1)
Roof-mounted solar energy systems shall incorporate, when feasible,
the following design requirements:
(a)
Solar panels on pitched roofs shall be mounted with a maximum
distance of eight inches between the roof surface the highest edge
of the system.
(b)
Solar panels on pitched roofs shall be installed parallel to
the roof surface on which they are mounted or attached.
(c)
Solar panels on pitched roofs shall not extend higher than the
highest point of the roof surface on which they are mounted or attached.
(d)
Solar panels on flat roofs shall not extend above the top of
the surrounding parapet, or more than 24 inches above the flat surface
of the roof, whichever is higher.
(2)
Glare. All solar panels shall have antireflective coating that meets
commercially reasonable standards.
(3)
Height. All roof-mounted solar energy systems shall comply with the
height limitations in Appendix 3.[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
B.
Building-integrated solar energy systems shall be shown on the plans
submitted for the building permit application for the building containing
the system.
All Tier 2 solar energy systems shall be permitted in all zoning
districts as accessory structures and shall be exempt from site plan
review under the local zoning code or other land use regulations,
subject to the following conditions:
A.
Glare. All solar panels shall have antireflective coating that meets
commercially reasonable standards.
B.
Setbacks. Tier 2 solar energy systems shall be subject to the setback
regulations specified for the accessory structures within the underlying
zoning district. All ground-mounted solar energy systems shall only
be installed in the side or rear yards in the Rural Development District.
C.
Height. Tier 2 solar energy systems shall comply with the height
limitations in Appendix 3.[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
D.
Screening and visibility.
(1)
All Tier 2 solar energy systems shall have views minimized from adjacent
properties to the extent reasonably practicable.
(2)
Solar energy equipment shall be located in a manner to reasonably
avoid and/or minimize blockage of views from surrounding properties
and shading of property to the north, while still providing adequate
solar access.
E.
Lot size. Tier 2 solar energy systems shall comply with the existing
lot size requirement specified for accessory structures within the
underlying zoning district.
All Tier 3 solar energy systems are permitted through the issuance
of a special use permit and are subject to site plan application requirements
set forth in this section.
A.
Applications for the installation of Tier 3 solar energy systems
shall be:
(1)
Reviewed by Code Enforcement Officer for completeness prior to referral
to the Planning Board for substantive review. Applications shall not
be considered complete until marked as such by the Code Enforcement
Officer. Applicants shall be advised within 10 business days following
submission of an application, or any resubmission, amendment or supplement
to an application, of the completeness of their application or any
deficiencies that must be addressed prior to substantive review.
(2)
Subject to a public hearing to hear all comments for and against
the application. The Planning Board of the Town shall have a notice
printed in a newspaper of general circulation in the Town and posted
on the Town website at least five business days in advance of such
hearing. Applicants shall deliver notice of the public hearing by
first-class mail to adjoining landowners or landowners within 2,500
linear feet of the property at least 10 business days prior to such
a hearing. Proof of mailing shall be provided to the Planning Board
prior to the public hearing.
(3)
Referred to the Schuyler County Planning Department pursuant to General
Municipal Law § 239-m if required.
(4)
Upon closing of the public hearing, the Planning Board shall take
action on the application within 62 days of the public hearing, which
can include approval, approval with conditions, or denial. The sixty-two-day
period may be extended upon consent by both the Planning Board and
applicant.
B.
Underground requirements. All on-site utility lines shall be placed
underground to the extent feasible and as permitted by the serving
utility, with the exception of the main service connection at the
utility company right-of-way and any new interconnection equipment,
including, without limitation, any poles, with new easements and right-of-way.
C.
Vehicular paths. Vehicular paths within the site shall be designed
to minimize the extent of impervious materials and soil compaction.
D.
Signage.
(1)
With the exception of signage for public education mutually agreed
upon by the Planning Board and the applicant, no signage or graphic
content shall be displayed on the solar energy systems except the
following mandatory content: manufacturer's name, equipment specification
information, safety information, and twenty-four-hour emergency contact
information. Said information shall be depicted within an area no
more than eight square feet and shall be depicted at each perimeter
access gate or along the perimeter fence such that a sign is accessible
every 2,640 linear feet along the solar energy systems perimeter.
(2)
As required by National Electric Code (NEC), disconnect and other
emergency shutoff information shall be clearly displayed on a light
reflective surface. A clearly visible warning sign concerning voltage
shall be placed at the base of all pad-mounted transformers and substations.
E.
Glare. All solar panels shall have antireflective coating that meets
commercially reasonable standards.
F.
Lighting. Lighting of the solar energy systems shall be limited to
that minimally required for safety and operational purposes and shall
be reasonably shielded and downcast from abutting properties. Wherever
practicable, energy-efficient LED lighting shall be used.
G.
Tree cutting. Removal of existing trees larger than six inches in
diameter shall be minimized to the extent possible.
H.
Decommissioning.
(1)
Solar energy systems that have been abandoned as determined by the
Code Enforcement Officer and/or not producing material amounts of
electricity for a period of six months shall be removed at the owner's
and/or operator's expense.
(2)
A decommissioning plan (see Appendix 4[1]) signed by the owner and the operator shall be submitted
by the applicant, addressing the following:
(a)
The cost of removing the solar energy system.
(b)
The time required to decommission and remove the solar energy
system and any ancillary structures.
(c)
The time required to repair any damage caused to the property
by the installation and removal of the solar energy system.
(d)
The process for proper handling, off-site disposal, and, where
applicable, recycling of the solar energy system and any ancillary
structures, including mandatory use of qualified recyclers for hazardous
waste. Qualified recyclers must possess certifications that meet or
exceed applicable federal, state, and local standards. Recycler certifications
should meet or exceed ISO-, OHSAS 18001- or WEEE Labex-certified criteria
for handling and recycling hazardous waste.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
(3)
Security.
(a)
The deposit, executions, or filing with the Town Clerk of cash,
bond, or other form of security acceptable to the Planning Board shall
be in an amount sufficient to ensure the good faith performance of
the terms and conditions of the permit issued pursuant hereto and
to provide for the removal of the solar energy system and restoration
of the site subsequent to removal. The amount of the bond or security
shall be 125% of the cost of removal of the Tier 3 solar energy system
and restoration of the property with an escalator of 2.5% annually
for the life of the solar energy system as determined by the Planning
Board's engineer. The decommissioning amount shall be reviewed
by the Planning Board every five years following permit issuance and
may be reduced or increased as circumstances dictate as determined
by the Planning Board in consultation with its engineer.
(b)
The cash deposit, bond, or security shall remain in full force
and effect until restoration of the property as set forth in the decommissioning
plan is completed. In the event of default in performance of any conditions
or requirements of the decommissioning plan, the cash deposit, bond,
or security shall be forfeited to the Town without any requirement
of notice to the owner or operator, and the Town shall be entitled
to maintain an action thereon.
(4)
Successors and assigns. The decommissioning plan shall bind the owner
and the owner's successors and assigns. As a condition of issuance
of the special use permit, a restrictive covenant binding the owner
and all successors and assigns to the decommissioning plan, and permitting
enforcement thereof by the Town, in a form approved by the Town's
attorney, shall be recorded in the Schuyler County Clerk's office
at the owner's or operator's cost.
I.
Site plan application. For any solar energy system requiring a special
use permit, site plan approval shall be required. Any site plan application
shall include the following information:
(1)
Property lines and physical features, including roads, for the project
site.
(2)
Proposed changes to the landscape of the site, grading, vegetation
clearing and planting, exterior lighting, and screening vegetation
or structures.
(3)
A one- or three-line electrical diagram detailing the solar energy
system layout, solar collector installation, associated components,
and electrical interconnection methods, with all National Electrical
Code compliant disconnects and over current devices.
(4)
A preliminary equipment specification sheet that documents all proposed
solar panels, significant components, mounting systems, and inverters
that are to be installed. A final equipment specification sheet shall
be submitted prior to the issuance of building permit.
(5)
Name, address, and contact information of the proposed or potential
system installer and the owner and operator. Such information of the
final system installer shall be submitted prior to the issuance of
building permit.
(6)
Name, address, phone number, and signature of the project applicant
and the owner and operator, and a signed statement by the owner demonstrating
the owner's consent to the application and the use of the property
for the solar energy system.
(7)
Zoning district designation for the parcel(s) of land comprising
the project site.
(8)
Property operation and maintenance plan. Such plan shall describe
continuing photovoltaic maintenance and property upkeep, such as mowing
and trimming.
(9)
Erosion and sediment control and stormwater management plans prepared
to New York State Department of Environmental Conservation standards,
if applicable, and to such standards as may be established by the
Planning Board.
(10)
Prior to the issuance of the building permit or final approval
by the Planning Board, but not required as part of the application,
engineering documents must be signed and sealed by a New York State
licensed professional engineer or New York State registered architect.
J.
Special use permit standards.
(1)
Lot size. The property on which the Tier 3 solar energy system is
placed shall meet the lot size requirements in Appendix 1.[2]
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
(2)
Setbacks. The Tier 3 solar energy systems shall meet the setback
requirements in Appendix 2.[3]
[3]
Editor's Note: Said appendix is included as an attachment to this chapter.
(3)
Height. The Tier 3 solar energy systems shall comply with the height
limitations in Appendix 3.[4]
[4]
Editor's Note: Said appendix is included as an attachment to this chapter.
(4)
Lot coverage.
(a)
The following components of a Tier 3 solar energy system shall
be considered included in the calculations for lot coverage requirements:
[1]
Foundation systems, typically consisting of driven piles or
monopoles or helical screws with or without small concrete collars.
[2]
All mechanical equipment of the solar energy system, including
any pad-mounted structure for batteries, switchboard, transformers,
or storage cells.
[3]
Paved access roads servicing the solar energy system.
(b)
Lot coverage of the solar energy system, as defined above, shall
not exceed the maximum lot coverage requirement of the underlying
zoning district.
(5)
Fencing requirements. All mechanical equipment, including any structure
for storage batteries, shall be enclosed by a seven-foot-high fence
with a self-locking gate to prevent unauthorized access.
(6)
Screening and visibility.
(a)
Solar energy systems smaller than 10 acres shall have views
minimized from adjacent properties to the extent reasonably practicable
using architectural features, earth berms, landscaping, or other screening
methods that will harmonize with the character of the property and
surrounding area.
(b)
Solar energy systems larger than 10 acres shall be required
to:
[1]
Conduct a visual assessment of the visual impacts of the solar
energy system on public roadways and adjacent properties. At a minimum,
a line-of-sight profile analysis shall be provided. Depending upon
the scope and potential significance of the visual impacts, additional
impact analyses, including, for example, a digital viewshed report,
shall be required to be submitted by the applicant.
[2]
Submit a screening and landscaping plan to show adequate measures
to screen through landscaping, grading, or other means so that views
of solar panels and solar energy equipment shall be minimized as reasonably
practical from public roadways and adjacent properties to the extent
feasible.
[a]
The screening and landscaping plan shall specify
the locations, elevations, height, plant species, and/or materials
that will comprise the structures, landscaping, and/or grading used
to screen and/or mitigate any adverse aesthetic effects of the system.
The landscaped screening shall be comprised of a minimum of one evergreen
tree plus two supplemental shrubs at the reasonable discretion of
the Town Planning Board, all planted within each 10 linear feet of
the solar energy system. Existing vegetation may be used to satisfy
all or a portion of the required landscaped screening.
(c)
All solar energy systems shall be designed to the extent feasible
such that panels are of similar height or otherwise aesthetically
compatible with the lay of the land.
(7)
Agricultural resources. For projects located on agricultural lands:
(a)
Any Tier 3 solar energy system located on the areas that consist
of prime farmland or farmland of statewide importance which exceeds
50% of the area of prime farmland or farmland of statewide importance
on the parcel shall undergo additional impact analyses at the discretion
of the Planning Board.
(b)
Tier 3 solar energy systems shall be required to seed at least
20% of the total surface area of all solar panels on the parcel with
native perennial vegetation designed to attract pollinators, with
the exception of Tier 3 solar energy systems located on brownfield
sites as defined by the New York State Department of Environmental
Conservation or similarly contaminated sites determined by the Planning
Board to be unsuitable for attracting pollinators.
(c)
To the maximum extent practicable, Tier 3 solar energy systems
located on prime farmland shall be constructed in accordance with
the construction requirements of the New York State Department of
Agriculture and Markets.
(d)
Tier 3 solar energy system owners 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, pollinators,
and pollinator plants. To the extent practicable, when establishing
perennial vegetation and beneficial foraging habitat, the owners shall
use native plant species, seed mixes, and pollinator plants.
K.
Ownership changes. If the owner or operator changes, the Planning
Board shall be notified within 30 days following such change, and
an application for continuance of the special use permit shall be
filed within 60 days following such change. The application for continuance
of the special use permit shall be made on such form as the Planning
Board shall require and, at a minimum, shall demonstrate compliance
with all conditions of the special use permit. The application for
continuance shall be deemed complete when the Code Enforcement Officer
has marked it as such and referred it to the Planning Board for review.
Provided that all terms and conditions of the special use permit are
complied with, and subject to such additional conditions as the Planning
Board may reasonably impose, the special use permit shall be continued
by the Planning Board within 60 days following the submission of the
complete application for continuance.
A.
Solar energy systems and solar energy equipment shall be certified
under the applicable electrical and/or building codes as required.
B.
Solar energy systems shall be maintained in good working order and
in accordance with industry standards. Site access shall be maintained,
including snow removal at a level acceptable to the local fire department
and, if the Tier 3 solar energy system is located in an ambulance
district, the local ambulance corps.
C.
If storage batteries are included as part of the solar energy system,
they shall meet the requirements of any applicable 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 any
applicable federal, state, or county laws or regulations.
A.
A building permit for construction of a solar energy system shall
be issued within six months following site plan and special use permit
approval, and construction of the solar energy system shall be completed,
as determined by the Code Enforcement Officer and evidenced by a certificate
of completion, within 12 months following issuance of the building
permit, failing which the site plan approval and special use permit
shall expire and be of no further effect. The operator may apply to
the Code Enforcement Officer to extend the time to complete construction
for up to 180 days.
B.
Upon cessation of material electricity generation of a solar energy
system for six months, the Town may notify and instruct the owner
and/or operator of the solar energy system to implement the decommissioning
plan. The decommissioning plan must be completed within 360 days of
notification.
C.
If the owner and/or operator fails to comply with decommissioning
upon any abandonment, the Town may, at its discretion, utilize the
bond and/or security for the removal of the solar energy system and
restoration of the site in accordance with the decommissioning plan.
Any violation of this Solar Energy Law shall be subject to the
same enforcement requirements, including the civil and criminal penalties,
provided for in the Zoning Law.
A.
Findings. With respect to § 154-12 of this chapter, the Town Board of the Town makes the following findings:
(1)
While commercial-scale solar energy development projects may benefit
the Town, they also will impose costs such as requirements for infrastructure
additions or improvements, environment impacts, needs for new and/or
enhanced public safety and emergency services response, ascetic and
quality of life concerns, loss of farmland, erosion of tax base and
other foreseen and unforeseen impacts.
(2)
Existing revenue sources are not sufficient to fund and/or offset
the detrimental impacts of commercial-scale solar development in the
Town.
(3)
It is desirable for the Town to provide for a requirement that developers
of commercial-scale solar energy projects enter into an agreement
with the Town prior to commencement of operation of such facilities
to ensure that such developers provide for an ongoing level of support,
care and maintenance of the facilities during their useful life, pay
to the Town a fee as shall be determined to be necessary to offset
the costs and impacts to the Town incident to a facility's development
and/or operation, and to address such other matters as are determined
by the Planning Board and/or the Town Board to be necessary or advisable
conditions to the development of any such facility. Such an agreement
is herein after referred to as a "host community agreement."
B.
Host community agreement. Prior to the issuance of a building permit
for any Tier 3 solar energy system, the operator shall enter into
a host community agreement with the Town of Montour. The host community
agreement shall:
(1)
Contractually obligate the operator to comply with any terms and
conditions of any special use permit approval of the Planning Board;
(2)
Provide for payment by the operator to the Town of an impact fee
to be used and applied by the Town to pay for and/or offset the costs
and impacts incurred by and/or arising due to the development and/or
operation of the Tier 3 solar energy system. The amount of such impact
fee shall be established by the Town Board by resolution adopted from
time to time, based upon the amount of energy produced by the project
and such other factors as the Board shall determine;
(3)
Provide for such other contractual requirements as may be necessary
given the specific elements of a particular project; and
(4)
In the event that the operator and/or owner shall enter into an agreement
with the Schuyler County Industrial Development Agency to provide
for an abatement in real property taxes or other tax exemption or
abatement, be cross-defaulted with the agreements between the operator
and/or owner and the Schuyler County Industrial Development Agency.
The invalidity or unenforceability of any section, subsection,
paragraph, sentence, clause, provision, or phrase of the aforementioned
sections, as declared by the valid judgment of any court of competent
jurisdiction to be unconstitutional, shall not affect the validity
or enforceability of any other section, subsection, paragraph, sentence,
clause, provision, or phrase, which shall remain in full force and
effect.
