[Added 2-2-2021 by L.L. No. 4-2021]
This large-scale solar energy local law is adopted pursuant
to Sections 19 and 20 of the General City Law of the State of New
York, which authorize the City of Oneida to adopt zoning provisions
that advance and protect the health, safety and welfare of the community,
and, in accordance with the General City Law to make provisions for,
"so far as conditions may permit, the accommodation of solar energy
systems and equipment and access to sunlight necessary therefor."
A.
This large-scale solar energy local law is adopted to advance and
protect the public health, safety, and welfare of the City of Oneida
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 non-polluting
energy resource;
(2)
To increase employment and business development in the City of Oneida,
to the extent reasonably practical, by furthering the installation
of large-scale solar energy systems;
(3)
To mitigate the impacts of large-scale solar energy systems on environmental
resources such as important agricultural lands, forests, wildlife
and other protected resources; and
(4)
To create synergy between solar, economic and residential development
and community revitalization.
As used in this article, the following terms shall have the
meanings indicated:
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.
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 with a rated DC
capacity of greater than 25kW. 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.
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.
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.
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.
All 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 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 article shall apply to all large scale solar
energy systems permitted, installed, or modified in the City of Oneida
after the effective date of this article, excluding general maintenance
and repair.
B.
Large-scale solar energy systems constructed or installed prior to
the effective date of this article shall not be required to meet the
requirements of this article.
C.
Modifications to an existing large-scale 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 article.
D.
All large-scale 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 City of Oneida General Code.
A.
A building permit shall be required for installation of all large-scale
solar energy systems.
B.
The Joint Zoning Board of Appeals Planning Commission is 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.
Issuance of permits and approvals by the Joint Zoning Board of Appeals
Planning Commission shall include review pursuant to the State Environmental
Quality Review Act pursuant to Environmental Conservation Law Article
8 and its implementing regulations at 6 NYCRR Part 617 ("SEQRA").
A.
All large-scale solar energy systems are permitted through the issuance of a conditional use permit within the Agricultural, Community Service, Light Industrial, and Manufacturing Industrial zoning districts as set forth in Chapter 190, Zoning, and subject to site plan application requirements set forth in Chapter 143, Site Plan Review.
B.
Decommissioning.
(1)
Solar energy systems that have been abandoned and/or not producing electricity for a period of one year shall be removed at the owner and/or operator's expense, which at the owner's option may come from any security made with the City as set forth in Subsection B(3) herein.
(2)
A decommissioning plan, in a format provided by the City of Oneida,
signed by the owner and/or operator of the solar energy system shall
be submitted by the applicant during the conditional use permit and
site plan approval process, 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 all ancillary structures, and restore the property and
adjacent City roads, curbs, and sidewalks to its condition as it existed
before the facility was installed.
(c)
The time required to repair any damage caused to the property
by the installation and removal of the solar energy system.
(3)
Security.
(a)
The deposit, executions, or filing with the City Clerk of cash,
bond, or other form of security reasonably acceptable to the City
attorney and/or engineer, 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 and restorations
of the site subsequent to removal. The amount of the bond or security
shall be 125% of the cost of removal of the large-scale solar energy
system and restoration of the property with an escalator of 2% annually
for the life of the solar energy system. 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 City, 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
as set forth in the decommissioning plan is completed.
C.
Ownership changes. If the owner or operator of the solar energy system
changes or the owner of the property changes, the conditional use
permit shall remain in effect, provided that the successor owner or
operator assumes in writing all of the obligations of the conditional
use permit, site plan approval, and decommissioning plan. A new owner
or operator of the solar energy system shall notify the Code 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
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 as acceptable to the local fire department.
C.
If storage batteries are included as part of the solar energy system,
they must be enclosed in a secure structure; 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 City and any applicable federal, state, or
county laws or regulations.
A.
The conditional use permit and site plan approval for a large-scale
solar energy system shall be valid for a period of 18 months, provided
that a building permit is issued for construction or construction
is commenced. In the event construction is not completed in accordance
with the final site plan, as may have been amended and approved, as
required by the City of Oneida Joint Zoning Board of Appeals Planning
Commission within 18 months after approval, the City may, at the request
of the applicant, extend the time to complete construction for 180
days. If the owner and/or operator fails to perform substantial construction
after 24 months, the approvals shall expire.
B.
Upon cessation of electricity generation of a solar energy system
on a continuous basis for 12 months, the City 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 or termination of use, the City of Oneida 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.
D.
During the Joint Zoning Board of Appeals Planning Commission review
process, the owner and/or operator is required to place high visibility
multiple signs (yellow with black lettering, two feet by two feet
in size) on land to be developed indicating a public meeting to take
place on a designated date/time/place and indicating an Oneida City
Department and phone number to reach for information. There should
be a minimum of two signs located on each public facing sides of the
land to be developed. These should be placed near the property line
for ease of reading by the public.
Any violation of this large-scale solar energy law shall be
subject to the same enforcement requirements, including the civil
and criminal penalties, provided for in the zoning or land use regulations
of the City of Oneida.
