A.
This article is adopted to advance and protect the public health,
safety, and welfare of the residents of the Town by creating regulations
for the installation and use of solar energy generating systems and
equipment, with the following objectives:
(1)
To benefit from a safe, abundant and renewable energy resource;
(2)
To mitigate the impacts of solar energy systems on environmental
resources such as important agricultural lands, forests, wildlife
and other protected resources.
(3)
To create synergy between solar energy and the goals and objectives
of the latest edition of the Town's Comprehensive Plan and Agriculture
and Farmland Protection Plan.
(4)
To align the laws and regulations of the Town of Chili with
policies of the State of New York, that encourage distributed energy
systems.
As used in this article, the following terms shall have the
meanings indicated:
A combination of solar panels and solar energy equipment
integrated into any part of a principal building or accessory structure.
Components of a building-integrated solar energy system are designed
to replace or substitute for architectural or structural elements
of a building and generally complement, blend with or form part of
a building's architectural appearance. Such components will generally
maintain a uniform plane with and/or form a parts of the building
such as vertical facades, semitransparent skylight systems, roofing
materials, or shading over windows, which produce 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
agency or agencies. Farmland of statewide importance may include tracts
of land that have been designated for agriculture by New York State
Department of Agriculture and Markets.
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, or which is installed on the ground
and detached from any other structure, that generates electricity
for on-site or off-site consumption.
Notwithstanding the definition of lot coverage found elsewhere
in the Town Code, for the purpose of regulations pertaining to solar
systems, lot coverage shall also include the area covered by a solar
panel (or physically connected group of panels that comprise a solar
energy system) as measured on a horizontal plane projected from the
perimeter of said panel (or group of panels) vertically to the ground.
For panels where the tilt angle is adjusted by week, month, season
or other time period, lot coverage shall be determined by the tilt
angle producing the greatest lot coverage.
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 acceptance by utilities of balancing the total amount
of energy consumed from decentralized sources with the total amount
of energy stored on-site by a solar PV system.
An arrangement with the electric utility that allows for
the kilowatt hours (kWh) generated from a solar PV system located
at a specific site to be credited towards kWh of consumption at a
different location.
A meter used to measure the flow of electricity from the
solar photovoltaic (PV) system to the electric utility grid.
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.
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.
Any number of electrically connected solar photovoltaic panels
that are connected to the same inverter.
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 either a Tier 1, Tier 2, or
Tier 3 solar energy system as follows:
Tier 2 solar energy systems are ground-mounted solar energy
systems with system capacity up to 25 kW AC, a total surface area
of all solar panels on the lot of up to 1,600 square feet 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 those solar energy systems which
are not Tier 1, Tier 2, or Tier 4 solar energy systems.
Tier 4 solar energy systems are those solar energy systems producing
25 MW or more. Tier 4 solar energy systems are subject to permitting
by the Board of Electric Generation Siting and the Environment ("Siting
Board") under Article 10 of the New York State Public Service Law.
A piece of equipment containing photovoltaic cells that use
the sun's light or heat to create electricity.
A solar energy collection system consisting of solar photovoltaic
cells, panels and/or arrays, and other related equipment, which rely
upon solar radiation as an energy source for collection, inversion,
storage and distribution of solar energy for electricity generation.
A solar PV system may be building-mounted, ground-mounted or building-integrated.
A device that stores energy and makes it available in an
electrical form.
A.
The requirements of this section of the Town Code shall apply to
all solar energy systems permitted, installed, or modified in the
Town after the effective date of this section, excluding general maintenance
and repair.
B.
Solar energy systems constructed or installed prior to the effective
date of this article shall not be required to meet these requirements.
C.
Modifications to an existing solar energy system that increase the
solar energy system area (exclusive of moving any fencing) shall be
subject to these requirements.
D.
All solar energy systems shall be designed, erected, and installed
in accordance with all applicable codes, regulations, and industry
standards.
A building permit shall be required for installation of all
solar energy systems.
Tier 1 solar energy systems shall be permitted in all zoning
districts and shall be exempt from site plan review subject to the
following conditions:
A.
Roof-mounted solar energy systems:
(1)
Roof-mounted solar energy systems shall incorporate 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).
(3)
Height. All roof-mounted solar energy systems shall be subject
to the maximum height regulations specified for principal and accessory
buildings within the underlying zoning district.
B.
Building-integrated solar energy systems shall be shown on the plans
submitted for the building permit application for the building containing
the system.
Tier 2 solar energy systems shall be permitted in all zoning
districts, except within the boundaries defined as protected in Figure-17
of the Town of Chili Agricultural and Farmland Protection Plan, as
accessory structures and shall be exempt from site plan review 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 shall only
be installed in the side or rear yards in residential districts.
C.
Height. Tier 2 solar energy systems shall be subject to the height
limitations specified for accessory structures within the underlying
zoning district.
D.
Screening and visibility.
(1)
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
size restrictions applicable specified for accessory structures within
the underlying zoning district.
Tier 3 solar energy systems shall only be permitted as a special permitted use in the following districts: General Industrial (GI), Limited Industrial (LI) and Agricultural Conservation (AC); and may be located within said districts except upon those soils identified as protected and as shown on the "Active Farmland Protection Area and Town Zoning Map," a part of the current Town of Chili Agriculture and Farmland Protection Plan. Tier 3 solar energy systems are permitted only after the issuance of a special use permit and site plan approval as set forth in Article IV, Special Use Permits, and Article V, Site Plan Approval, respectively, of this chapter.
A.
The Planning Board of the Town of Chili is hereby authorized to review and approve, approve with modifications, or disapprove special use permits and site plans for solar energy systems consistent with the provisions of Town Law § 274-a and § 274-b; and the criteria contained in § 500-98 of this chapter.
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/or
right-of-way.
C.
Vehicular paths. Vehicular paths within the site shall be designed
to minimize the extent of impervious materials and soil compaction.
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 to the maximum extent practicable. The width
of any access roads is to be no wider than 20 feet so as to minimize
the loss of agricultural soils and comply with the State of New York
Fire Code. The vertical alignment of all access roads shall follow
the existing topography and field contours when feasible in order
to limit cut and fills to the maximum extent practicable. The surface
of access roads that are constructed through agricultural fields are
to be level with the adjacent field surface. All areas with topsoil
that are to be used for vehicle and equipment traffic, parking, equipment
laydown and storage areas are to be limited in size to the greatest
extent practical and stripped prior to use. Access road alignment
shall be established in such a way as to minimize removal of trees
greater than six inches in diameter.
D.
Drainage and erosion control. All existing drainage and erosion control
structures or features, such as diversions, ditches and tile lines,
shall be protected to maintain the design and effectiveness of these
structures or features. Repairs are required to any structure or feature
disturbed during construction to as close to original condition as
possible, unless such structures or features are to be eliminated
based upon site plan approval by the Planning Board.
E.
Agricultural soils protection measures. Where an open trench is required
for cable installation, topsoil stripping from the entire work area
may be necessary. As a result, additional work space may be required
as part of site plan approval. 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). 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. The site plan shall
clearly designate topsoil stockpile locations and all topsoil stockpiles
shall be stabilized and protected in accordance with the most current
edition of the New York State Standards and Specifications for Erosion
and Sediment Control.
F.
Electric connections. Electric interconnect cables and transmission
lines are to be buried in agricultural fields wherever practical.
All buried electric cables in cropland, hayland and improved pasture
shall have a minimum depth of 48 inches of cover.
G.
County soil and water conservation district. The Monroe County Soil
and Water Conservation District is to be consulted whenever buried
electric cables may alter the natural stratification of soil horizons
and natural soil drainage patterns. In pasture areas, it is necessary
to construct temporary or permanent fences around work areas to prevent
livestock access, consistent with landowner agreements.
H.
Excess concrete. Excess concrete used in the construction of the
site shall not be buried or left on site. Concrete trucks shall utilize
a concrete truck washout as detailed in most current edition of the
New York State Standards and Specifications for Erosion and Sediment
Control.
I.
Restoration requirements. All agricultural areas temporarily disturbed
by construction shall be restored to the current guidelines as promulgated
by the New York State Department of Agriculture and Markets.
J.
Signage.
(1)
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
larger than eight square feet, solely at any point of access.
(2)
As required by the 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.
K.
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.
L.
Tree-cutting. Removal of existing trees larger than six inches in diameter shall be minimized and shall be further compliant with the provisions of § 500-61H(3) of this chapter.
M.
Decommissioning.
(1)
Solar energy systems shall be deemed abandoned if the system
fails to generate and transmit electricity at a rate of more than
10% of its rated capacity over a continuous period of six months.
A solar energy system which has been abandoned shall be decommissioned
and removed. The system owner and/or owner of land upon which the
system is located shall be held responsible to physically remove all
components of the system within six months of abandonment. Removal
of the system shall be in accordance with a decommissioning plan approved
by the Planning Board at the time of site plan approval and as may
have been further amended during the life of the system.
(2)
A decommissioning plan (see Appendix 4)[1] signed by the property owner and operator of the solar
energy system shall be submitted, addressing the following:
(a)
The cost of removing the solar energy system and restoration
of the property to its original state.
(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 and restoration
of the property to its original state.
[1]
Editor's Note: Said appendix is on file in the Town offices.
(3)
Letter of credit.
(a)
Prior to the issuance of a building permit and before filing
of the maps, stripping of any ground cover, construction of any sort,
site grading or any other site improvements and every three years
thereafter, the commercial solar energy system owner and/or landowner
shall file with the Town Clerk evidence of a letter of credit (LOC)
necessary to provide for the full cost of decommissioning and removal
of the solar energy system in the event the system is not removed
by the system owner and/or landowner. Said LOC and any amendments
or adjustments are to be reviewed by the Town Engineer and accepted
by the Town Board. The amount of the LOC shall be 125% of the estimated
cost of the decommissioning and removal of the Tier 3 solar energy
system and restoration of the property as provided in the decommissioning
plan and subsequent annual reports. The amount of the surety may be
adjusted by the Town Board, upon receipt of a favorable recommendation
from the Town Engineer after a review of the annual report. Any revised
letter of credit is to be filed with the Town Clerk's Office.
(b)
The LOC is to remain in effect throughout the life of the system
and shall be in the form of an irrevocable LOC, contain an automatic
extension provision and be issued by an A-rated institution solely
for the benefit of the Town. The Town shall be entitled to draw upon
the LOC in the event that the commercial solar energy system owner
and/or landowner is unable or unwilling to commence decommissioning
activities within the time periods specified herein. No other parties,
including the owner and/or landowner shall have the ability to demand
payment under the LOC. Upon completion of decommissioning, the owner
and/or landowner may petition the Town Board to terminate the LOC.
(c)
In the event ownership of the system, or property, is transferred
to another party, and prior to the release by the Town Board of the
LOC previously accepted, the new owner of the system, or property,
shall provide to the Town Board a LOC, in compliance with the provisions
of this chapter, for the decommissioning of the solar energy system
and for the restoration of the land. Upon acceptance by the Town Board
of the new LOC, the prior LOC may be released.
(d)
In the event of default or abandonment of the solar energy system,
the system shall be decommissioned as set forth herein.
(4)
Site plan application. For any solar energy system requiring a special use permit, site plan approval shall be required. In addition to the requirements of Article V of this chapter, any site plan application shall include the following information:
(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 proposed or potential
system installer and the owner and/or operator of the solar energy
system. Such information of 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, and those parcels contiguous thereto.
(h)
Property operation and maintenance plan. Such plan shall describe
continuing photovoltaic maintenance and property maintenance, including
but not limited to, mowing and trimming.
(i)
Erosion and sediment control and stormwater management plans prepared to New York State Department of Environmental Conservation standards and in compliance with the provisions in Chapter 433, Stormwater Management, of the Code of the Town of Chili.
(j)
A licensed professional engineer's estimate of the anticipated
operational life of the system.
(k)
Identification of the party(ies) responsible for decommissioning.
(l)
Copy of all agreements regarding decommissioning between the
responsible party(ies) and the landowner.
(m)
A schedule showing the time frame over which decommissioning
will occur and for completion of site restoration work.
(n)
A cost estimate prepared by a licensed professional engineer
estimating the full cost of decommissioning and removal of the solar
energy system.
(o)
A financial plan to ensure that financial resources will be
available to fully decommission the site.
(5)
Reporting requirements. The solar energy system owner shall, on a yearly basis, provide the Building Department a written report showing the rated capacity of the system and the amount of electricity that was generated by the system and transmitted to the grid over the most recent twelve-month period. The report shall also identify any change of ownership of the solar energy system and/or the land upon which the system is located and shall identify any change in the party responsible for decommissioning and removal of the system upon its abandonment. The actual report shall be submitted no later than 45 days after the end of the calendar year. Every third year, to coincide with the filing of evidence of the LOC, the annual report shall also include a recalculation of the estimated full cost of decommissioning and removal of the large scale solar energy system. The Town Engineer shall review the recalculation of the estimated full cost of decommissioning and removal of the large scale solar energy system and provide a recommendation to the Town Board in regards to the need for an adjustment to the LOC. The Town Board may require an adjustment in the amount of the LOC to reflect any changes in the estimated cost of decommissioning and removal. Failure to submit a report as required herein shall be considered a violation subject to the penalties in Article XII of this chapter.
(6)
Special use permit standards.
(a)
Lot size. The following table displays the minimum lot size
requirements for Tier 3 solar energy systems for those districts for
which they are permitted.
|
Zoning District
|
Tier 3 Solar
|
|---|---|
|
Limited Industrial
|
> 5 acres
|
|
General Industrial
|
> 5 acres
|
|
Agricultural Conservation
|
> 5 acres
|
(b)
Setbacks. The following table displays the minimum setback requirements
for Tier 3 solar energy systems for those districts for which they
are permitted.
|
Tier 3 Ground-Mounted
| |||
|---|---|---|---|
|
Zoning District
|
Front
(feet)
|
Side
(feet)
|
Rear
(feet)
|
|
Limited Industrial
|
75
|
40
|
80
|
|
General Industrial
|
75
|
40
|
80
|
|
Agricultural Conservation
|
100
|
50
|
80
|
(c)
Height. The following table displays the maximum height for
Tier 3 solar energy systems for those districts for which they are
permitted.
|
Tier 3 Ground-Mounted
| |
|---|---|
|
Zoning District
|
Height
(feet)
|
|
Limited Industrial
|
15
|
|
General Industrial
|
15
|
|
Agricultural Conservation
|
15
|
(d)
Lot coverage:
[1]
The following components of a Tier 3 solar energy system shall
be considered included in the calculations for lot coverage requirements:
[a]
Foundation systems, typically consisting of driven
piles or monopoles or helical screws with or without small concrete
collars.
[b]
All mechanical equipment of the solar energy system,
including any pad-mounted structure for batteries, switchboard, transformers,
or storage cells.
[c]
Solar panels.
[d]
Paved access roads servicing the solar energy system.
(e)
Lot coverage, exclusive of setback requirements, of the solar
energy system, as defined above, shall not exceed the maximum lot
coverage requirement of the underlying zoning district, except in
the Agricultural Conservation District, where the maximum lot coverage
will be limited to 50% of the parcel.
(f)
Fencing requirements. Notwithstanding any other provisions of
this chapter, all mechanical equipment, including any structure used
for solar system storage batteries, shall be enclosed by a seven-foot-high
fence, in compliance with the provisions of the National Electric
Code (NEC), with a self-locking gate to prevent unauthorized access.
(g)
Screening and visibility.
[1]
Applications for solar energy systems shall be required to:
[a]
Provide an assessment of the visual impacts of
the solar energy system upon 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, may be required by the Planning Board to be submitted
by the applicant.
[b]
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.
[c]
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.
(h)
Special provisions for agricultural resource protection.
[1]
Tier 3 solar energy systems are prohibited from lands identified
as "protected" in Figure 17 of the most recent edition of the Town
of Chili Agricultural and Farmland Protection Plan.
[2]
Any Tier 3 solar energy system located on the areas that consist
of prime farmland or farmland of statewide importance (Class 1 through
Class 4 soils) shall not exceed 50% coverage of the entire lot. Where
Class 1 through Class 4 exist, the applicant shall prepare a soils
classification map, reviewed by and accepted by the Monroe County
Soil and Water Conservation District and the Town Assessor. The proposed
Tier 3 solar energy system shall avoid being placed upon the site's
Class 1 through Class 4 soils.
[3]
Permitted Tier 3 solar energy systems shall be required to seed
20% of the total surface area of all solar panels on the lot with
native perennial vegetation designed to attract pollinators.
[4]
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.
[5]
Tier 3 solar energy system owners shall develop, implement,
and maintain native vegetation pursuant to a vegetation management
plan by providing native perennial vegetation and foraging habitat
beneficial to game birds, songbirds, and pollinators.
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 any applicable federal, state, or county laws
or regulations.
Any violation of this Solar Energy Law shall be subject to the penalties set forth in § 500-92 of this chapter.
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.
The following table displays the maximum height allowed for
each type of solar energy systems. The height of systems will be measured
from the highest natural grade below each solar panel.
|
Zoning District
|
Tier 1 Roof-Mounted
|
Tier 2
(feet)
|
Tier 3
(feet)
|
|---|---|---|---|
|
Residential
|
2 feet above roof
|
10
|
—
|
|
Neighborhood Business
|
4 feet above roof
|
15
|
—
|
|
Restricted Business
|
4 feet above roof
|
15
|
—
|
|
General Business
|
4 feet above roof
|
15
|
—
|
|
Limited Industrial
|
4 feet above roof
|
15
|
15
|
|
General Industrial
|
4 feet above roof
|
15
|
15
|
|
Agricultural Conservation
|
2 feet above roof
|
15
|
15
|
|
Key:
|
|
—: Not Allowed
|
