[HISTORY: Adopted by the Town Board of the Town of Frankfort 4-14-2021 by L.L. No. 1-2021. Amendments noted where applicable.]
This chapter is adopted pursuant to New York Town Law §§ 261-263,
New York State Municipal Home Rule Law § 10, Subdivision
1(ii)(a)(12), and Article IX, §§ 1(a) and 2(c), of
the New York State Constitution, which authorize the Town of Frankfort
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."
A.
This chapter is adopted to advance and protect the public health,
safety, and welfare of the Town of Frankfort by creating regulations
for the installation and use of solar energy generating systems and
equipment, with the following objectives:
(1)
To take advantage of a safe, abundant, renewable and nonpolluting
energy resource;
(2)
To decrease the cost of electricity to the owners of residential
and commercial properties, including single-family houses;
(3)
To increase employment and business development in the Town of Frankfort,
to the extent reasonably practical, by furthering the installation
of solar energy systems;
(4)
To mitigate the impacts of solar energy systems on environmental
resources such as important agricultural lands, forests, wildlife
and other protected resources; and
(5)
To provide standards for the safe provision of solar energy systems
in order to protect the natural and aesthetic character of the Town
of Frankfort, with special attention to open space, vistas, farmland,
and neighboring property owners, in accordance with the Town of Frankfort
Master Plan.
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 produces electricity for on-site consumption.
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
to cause annoyance, discomfort, or loss in visual performance and
visibility in any material respects as determined in a commercially
reasonable manner.
A solar energy system that is anchored to the ground via
a pole or other mounting system, detached from any other structure,
which generates electricity for on-site or off-site consumption.
An area covering 1/2 square mile in which five or more occupied
residences are located.
Native wildflowers, forbs, and grasses that serve as habitat,
forage, and migratory waystations for pollinators, and shall not include
any prohibited or regulated invasive species as determined by the
New York State Department of Environmental Conservation.
Bees, birds, bats, and other insects or wildlife that pollinate
flowering plants, and includes both wild and managed insects.
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.
An entity which operates as a monopoly and whose rates charged
to customers are established by a utility commission. A "public utility
facility" is a facility which is operated by a public utility and
which provides electric, gas, steam, cable television, telephone or
other communication service, water or sewerage directly to the general
public.
An existing or abandoned commercial or industrial use property,
including, without limitation, brownfields, landfills, dormant electric
generating or other previously disturbed location, which, if applicable,
has been remediated to permit the siting of a solar energy system.
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 district which encompasses part or parts of one or more
underlying districts, sits atop the underlying zoning district, and
which establishes requirements for Tier 3 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.
A.
The requirements of this chapter shall apply to all solar energy
systems permitted, installed, or modified in the Town of Frankfort
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% of the original area of the
solar energy system (exclusive of moving any fencing) 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 NYS Uniform Fire Prevention and Building
Code ("Building Code"), the NYS Energy Conservation Code ("Energy
Code"), and the Town of Frankfort Code.
E.
Any proposed Tier 3 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
subject to review by the New York State 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 chapter.
A.
A building permit shall be required for installation of all solar
energy systems. The initial building permit fee shall be $50 per megawatt
(MW) alternating current (AC) for Tier 1 solar energy systems, $100
per MW AC for Tier 2 solar energy systems, and $1,000 per MW AC for
Tier 3 solar energy systems, based on the maximum nameplate capacity.
The building permit fee may be changed by resolution of the Town Board.
B.
Local land use boards are encouraged to condition their approval
of proposed developments on sites adjacent to solar energy systems
so as to protect their access to sufficient sunlight to remain economically
feasible over time.
C.
The creation of a Solar Energy Systems Overlay District by the Town
Board and/or issuance of special permits and site plan approvals by
the Zoning Board of Appeals shall include review pursuant to the State
Environmental Quality Review Act codified at 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 plot plan review under the Town
of Frankfort Code and other local land use regulations when attached
to any lawfully permitted building or structure, 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 anti-reflective coating(s).
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 plot plan
review under the Town of Frankfort Code and other local land use regulations,
subject to the following conditions:
A.
Glare: All solar panels shall have anti-reflective coating(s).
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 in residential
districts shall only be installed in the side or rear yards.
C.
Height: Tier 2 solar energy systems shall comply with the height
limitations in the underlying zoning district.
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. A landscape buffer shall be provided around the Tier
2 solar energy system to provide screening from adjacent properties.
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.
F.
Tier 2 solar energy systems that have been abandoned and/or not producing
electricity for a period of 12 consecutive months shall be removed
by the property owner at the property owner's expense.
A.
Tier 3 solar energy systems in the M-1 Manufacturing District and
those proposed to be sited on a repurposed site in any district are
permitted as principal or accessory uses through:
B.
Tier 3 solar energy systems proposed to be located anywhere in the Town of Frankfort other than the areas set forth in Subsection A of this section may be permitted only through:
C.
All Tier 3 solar energy systems in the Town of Frankfort shall meet
the permitting standards and requirements set forth in this chapter.
In no event shall a Tier 3 solar energy system be considered a public
utility or a "public utility facility" as defined herein.
D.
Solar Energy Systems Overlay District requirements.
(1)
Initial requests for Solar Energy Systems Overlay Districts shall
be submitted with applications for special permits for Tier 3 solar
energy systems.
(2)
Once a Solar Energy Systems Overlay District has been created, new
Tier 3 solar energy systems or accessory structures or facilities
may be added in that district by grant of a special permit pursuant
to the requirements of this section.
(3)
Any principal or accessory use permitted in the underlying zoning
district shall also be permitted in the Solar Energy Systems Overlay
District.
E.
Creation of Solar Energy Systems Overlay District. The Town Board
has determined that the protection of residential properties, agricultural
land, and the rural character of the Town are all of primary importance.
As a result, and to limit the cumulative impact of installed Tier
3 solar energy systems, the Town has determined that the purpose of
the Solar Energy Systems Overlay District is to accommodate Tier 3
solar energy systems in appropriate locations within the Town. No
Solar Energy Systems Overlay District is permitted within 1,000 feet
of a housing cluster in a Residential/Residence-Agriculture District,
as measured from the closest occupied residence within the housing
cluster. The process required to create a Solar Energy Systems Overlay
District shall be as follows:
(1)
Rezoning application. Any application for the creation of a Solar
Energy Systems Overlay District shall be submitted to the Town Board
and contain the following information:
(a)
A site development plan, drawn to scale, prepared by a licensed engineer or architect, which graphically depicts proposed improvements to the property, including: topographical features, system footprints, travelways, access locations, drainage facilities, lighting, landscaping, buffering, fencing and signs. Said site development plan shall also depict existing improvements and contain all information required by this § 72-8E of this chapter.
(b)
A completed full environmental assessment form.
(c)
Proof of ownership of the property proposed for rezoning.
(d)
A description of the property, including a metes and bounds
description of the parcel.
(2)
Referral to the Planning Board. The Town Board shall refer the rezoning
application to the Planning Board for review, which shall review the
site development plan and refer its recommendations to the Town Board.
The Planning Board may recommend approval, disapproval, or conditional
approval subject to modification(s) being made to the special permit
application. The Planning Board shall report its recommendations(s)
to the Town Board within 30 days of the referral by the Town Board.
In reviewing the application and making its recommendations, the Planning
Board shall consider the following factors:
(a)
Whether the proposal meets the Town zoning and planning goals
for the area in question;
(b)
The need for the proposed use in the proposed location;
(c)
The existing character of the neighborhood in which the use
would be located;
(d)
The safeguards provided to minimize possible detrimental effects
of the proposed use on adjacent property;
(e)
Whether the proposal meets the intent and objectives of this
chapter; and
(f)
Whether the proposal is conceptually sound and conforms to accepted
design principals.
(3)
General Municipal Law § 239-m. Applications for the creation
of a Solar Energy Systems Overlay District shall be referred to the
Herkimer-Oneida Counties Comprehensive Planning Program in accordance
with § 239-m of the General Municipal Law.
(4)
Public hearing. The Town Board shall conduct a public hearing on
the Solar Energy Systems Overlay District application and site development
plan after proper notice is given as required by the New York Town
Law.
(5)
Subject to the requirements of SEQRA, the Town Board shall consider
the recommendations of the Planning Board and render its decision
by written resolution on the rezoning application, also taking into
account the following additional factors:
(a)
Location, arrangement, and appearance of the solar energy system;
(b)
Adequacy, type and arrangement of the screening/landscaping
constituting a visual buffer between adjacent uses and adjoining lands;
(c)
Location and adequacy of open space;
(d)
Projection of adjacent properties against glare, unsightliness,
or other objectionable features; and
(e)
Compliance with SEQRA.
(6)
Zoning for Solar Energy Systems Overlay District. If the Town Board
approves the rezoning application, the Town Board shall amend the
Zoning Map of the Town of Frankfort to establish and define the boundaries
of the Solar Energy Systems Overlay District.
F.
Special permit approval required. Tier 3 solar energy systems shall
be required to obtain special permit approval from the Zoning Board
of Appeals pursuant to the Town of Frankfort Code and the requirements
of this chapter, which shall be consistent with the site development
plan approved by the Town Board as part of the creation of the Solar
Energy Systems Overlay District, if applicable.
G.
Site plan approval required.
(1)
Tier 3 solar energy systems shall be required to obtain site plan
approval from the Zoning Board of Appeals pursuant to the Town of
Frankfort Code and the requirements of this chapter, which shall be
consistent with the site development plan approved by the Town Board
as part of the creation of the Solar Energy Systems Overlay District,
if applicable.
(2)
The site plan application shall include the following information,
in addition to the general information required for plot plans pursuant
to the Town of Frankfort Code:
(a)
Property lines and physical features, including roads, for the
project site.
(b)
Proposed changes to the landscape of the site, grading, vegetation
clearing and planting, exterior lighting, and screening vegetation
or structures.
(c)
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 overcurrent devices.
(d)
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.
(e)
Name, address, and contact information of the proposed or potential
system installer and the owner and/or operator of the solar energy
system. Such information on the final system installer shall be submitted
prior to the issuance of a building permit.
(f)
Name, address, phone number, and signature of the project applicant,
as well as all the property owners, demonstrating their consent to
the application and the use of the property for the solar energy system.
(g)
Zoning district designation for the parcel(s) of land comprising
the project site.
(h)
Property operation and maintenance plan. Such plan shall describe
continuing photovoltaic maintenance and property upkeep, such as mowing
and trimming.
(i)
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.
(j)
Prior to the issuance of the building permit or final approval
by the Zoning Board of Appeals, engineering documents must be signed
and sealed by a New York State (NYS) licensed professional engineer
or NYS registered architect.
(3)
Site plan applications shall be reviewed by the Code Enforcement
Officer for completeness. Applicants shall be advised within 10 business
days of the completeness of their application or any deficiencies
that must be addressed prior to substantive review.
H.
Application review process. Applicants shall request a preapplication
meeting with the Town Planning Board or any consultants retained by
the Planning Board for application review prior to submission of an
application.
(1)
Applications for the installation of a Tier 3 solar energy system
shall be:
(a)
Submitted to the Town Clerk with three copies.
(b)
Reviewed by the Code Enforcement Officer for completeness. Applicants
shall be advised within 10 business days of the completeness of their
application or any deficiencies that must be addressed prior to substantive
review.
(c)
Subject to a public hearing. The Zoning Board of Appeals shall
have a notice printed in a newspaper of general circulation in the
Town at least five days in advance of such hearing. Applicants shall
have delivered the notice by first-class mail to adjoining landowners
and all persons residing within one mile of the proposed site at least
10 days prior to such a hearing. Proof of mailing shall be provided
to the Zoning Board of Appeals at the public hearing.
(d)
Referred to the Herkimer-Oneida Counties Comprehensive Planning
Program, if required pursuant to General Municipal Law § 239-m.
(2)
Upon closing of the public hearing, the Zoning Board of Appeals 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 Zoning
Board of Appeals and the applicant.
I.
Escrow account. The Town may require an escrow agreement for the
engineering and legal review of applications for Tier 3 solar energy
systems and any environmental impact statements before commencing
its review.
J.
Special permit standards and requirements for all Tier 3 solar energy
systems.
(1)
Lot size.
(a)
The property on which the Tier 3 solar energy system is proposed
shall be no less than two acres in the M-1 Manufacturing District
and no less than five acres in a Solar Energy Systems Overlay District.
(b)
For purposes of calculating the lot size, contiguous participating
parcels shall be aggregated.
(2)
Setbacks.
(a)
The Tier 3 solar energy systems shall meet the setback requirements
in Appendix 1, except that the requirements in Appendix 1 do not apply
to contiguous participating parcels.[1]
[1]
Editor's Note: Appendix 1 is included as an attachment to this chapter.
(3)
Height.
(a)
The Tier 3 solar energy systems, exclusive of substation equipment,
shall not exceed 20 feet in height.
(4)
Lot coverage.
(a)
The maximum lot coverage requirements of the underlying zoning
distract shall not apply to Tier 3 solar energy systems.
(b)
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.
(5)
Fencing requirements. All mechanical equipment, including any structure
for storage batteries, shall be enclosed by a seven-foot-high fence,
as required by the National Electrical Code, 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 nonparticipating 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 submitted by the applicant.
[2]
Submit a screening and landscaping plan providing 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 nonparticipating 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 multiple evergreen tree species, at
least six feet high at time of planning, plus multiple native shrub
species. Existing vegetation may be used to satisfy all or a portion
of the required landscaped screening. Planted tree and shrub survivorship
of less than 75% after two growing seasons, or visual screening of
less than 75% after five growing seasons, as viewed from residences
on adjacent properties, will require additional plantings at the expense
of the owner/operator.
(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 shall not exceed
75% of the entire lot.
(b)
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 and an agricultural plan approved by the New
York State Office of Renewable Energy Siting, if required for the
project.
(c)
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 habitats beneficial to game birds, songbirds, and pollinators.
To the extent practicable, when establishing perennial vegetation
and beneficial foraging habitats, the owners shall use native plant
species and seed mixes.
(8)
Underground requirements. All alternating current (AC) on-site utility
lines shall be placed underground to the extent feasible and as permitted
by the serving utility, or otherwise routed on overhead poles along
the perimeter of fields, 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.
(9)
Vehicular paths. Vehicular paths within the site shall be designed
to minimize the extent of impervious materials and soil compaction.
(10)
Signage.
(a)
No signage or graphic content shall be displayed on the solar
energy systems except the 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.
(b)
As required by the National Electrical 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.
(11)
Glare. All solar panels shall have anti-reflective coating(s).
(12)
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.
(13)
Tree cutting. Removal of existing trees larger than six inches in
diameter should be minimized to the extent possible.
(14)
Decommissioning.
(a)
Tier 3 solar energy systems that have been abandoned and/or not producing electricity for a period 12 consecutive months shall be removed at the owner's and/or operator's expense, which at the owner's option may come from any security made with the Town as set forth in Subsection J(15)(a) of this section.
(b)
A decommissioning plan (see Appendix 2)[2] signed by the owner and/or operator of the solar energy
system shall be submitted by the applicant, addressing the following:
[1]
The cost of removing the solar energy system.
[2]
The time required to decommission and remove the solar energy
system and any ancillary structures.
[3]
The time required to repair any damage caused to the property
by the installation and removal of the solar energy system.
[2]
Editor's Note: Appendix 2 is included as an attachment to this chapter.
(15)
Security.
(a)
The applicant shall deposit, execute, or file with the Town
Clerk cash, bond, or other form of security reasonably acceptable
to the Town Attorney and/or Engineer, 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 and restoration
of the site subsequent to removal. The amount of the bond or security
shall be 115% of the cost of removal of the Tier 3 solar energy system
and restoration of the property. The decommissioning amount shall
be reduced by the amount of the estimated salvage value of the solar
energy system.
(b)
In the event of default upon performance of such conditions,
after proper notice and expiration of any cure periods, the cash deposit,
bond, or security shall be forfeited to the Town, which shall be entitled
to maintain an action thereon. The cash deposit, bond, or security
shall remain in full force and effect until restoration of the property
is completed, as set forth in the decommissioning plan.
(c)
In the event of default or abandonment of the solar energy system,
the system shall be decommissioned as set forth this section.
(16)
Ownership changes. If the owner or operator of the solar energy system
changes or the owner of the property changes, the special permit shall
remain in effect, provided that the successor owner or operator assumes
in writing all of the obligations of the special permit, site plan
approval, and decommissioning plan. A new owner or operator of the
solar energy system shall notify the Zoning Enforcement Officer of
such change in ownership or operator within 30 days of the ownership
change.
A.
Solar energy systems and solar energy equipment shall be certified
as required under the applicable electrical and/or building codes.
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 of Frankfort
and any applicable federal, state, or county laws or regulations.
A.
The special permit and site plan approval for a solar energy system
shall be valid for a period of 18 months, provided that a building
permit is issued for construction or construction has commenced. In
the event construction has not commenced in accordance with the final
site plan, as may have been amended and approved, as required by the
Zoning Board of Appeals, within 18 months after approval, the applicant
must request an extension from the Town. If the owner and/or operator
fails to perform substantial construction after 24 months, the approvals
shall expire, if not otherwise extended by the Town.
B.
Upon cessation of electricity generation of a solar energy system
on a continuous basis for 12 consecutive 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 chapter shall be subject to the same enforcement
requirements, including the civil and criminal penalties, provided
for in the Town of Frankfort Code, ordinances, and regulations.
The invalidity or unenforceability of any section, subsection,
paragraph, sentence, clause, provision, or phrase of this chapter,
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.
All resolutions, ordinances, and local laws or parts thereof
in conflict herewith or which in any manner, in the absence of this
chapter, would address or apply to regulate the approval, construction,
operation, or decommissioning of solar energy systems are superseded
by this chapter.
This chapter is effective upon filing with the Secretary of
State in accordance with the Municipal Home Rule Law.
