This chapter is adopted pursuant to §§ 261 through
263 of the Town Law of the State of New York, which authorizes the
Town of North Collins to adopt laws which advance and protect the
health, safety and welfare of the community and to make provisions
for the accommodation of solar energy systems and equipment.
The Town Board of the Town of North Collins makes the following
findings:
A. Solar energy is a clean, readily available and renewable energy source
that decreases energy costs and provides local business and job opportunities.
B. However, there is a growing need to properly site solar energy systems
within the boundaries of the Town of North Collins in order to protect
residential, business areas and other land uses, to preserve the overall
beauty, nature and character of the Town of North Collins and to promote
the effective and efficient use of solar energy resources as well
as the health, safety and general welfare of the citizens of the Town
of North Collins.
C. Prior to the adoption of this chapter, no specific procedures existed
to address the siting of solar energy systems. Accordingly, the Town
Board finds that the promulgation of this chapter is necessary to
govern the location and construction of these systems.
D. Solar energy systems need to be regulated for removal when no longer
utilized.
The following definitions shall apply to this chapter:
APPLICANT
The person or entity filing an application and seeking an
approval under this chapter; the owner of a solar energy system or
a proposed solar energy system project; the operator of solar energy
system or a proposed solar energy system project; any person acting
on behalf of an applicant, solar energy system or proposed solar energy
system.
BUILDING-INTEGRATED SOLAR ENERGY SYSTEM
A solar energy and/or thermal heat system, including but
not limited to photovoltaic building components, such as vertical
facades, including glass and other facade material, semitransparent
skylight systems, roofing materials and shading over windows.
BUILDING-MOUNTED SOLAR ENERGY SYSTEM
A solar energy and/or thermal heat system that is affixed
to the side(s) of a building or other structure, either directly or
by means of support structures or other mounting devices, but not
including those mounted to the roof or top surface of a building.
Said system is designed and intended to generate electricity or heat
primarily for use on said lot, but potentially for multiple tenants.
GROUND-MOUNTED SOLAR ENERGY SYSTEM
A solar energy and/or thermal heat system that is affixed
to the ground either directly or by support structures or other mounting
devices. Said system is an accessory structure, designed and intended
to generate electricity or heat primarily for use on said lot, but
potentially for multiple tenants. Ground-mounted solar energy systems
not meeting the definition as outlined in this chapter will be treated
as utility-scale solar energy systems and the requirements of such.
ROOFTOP-MOUNTED SOLAR ENERGY SYSTEM
Any solar energy and/or thermal heat system that is affixed
to the roof of a building and wholly contained within the limits of
the roof surface. Said system is designed and intended to generate
electricity or heat solely for use on said lot, but potentially for
multiple tenants.
UTILITY-SCALE SOLAR ENERGY SYSTEM
Any solar energy system that is designed and intended to
supply energy exceeding 50 kw primarily into a utility grid for sale
to the general public or to any utility.
The requirements of this chapter shall apply to all solar energy
systems installed or modified after the effective date, excluding
general maintenance and repair of solar energy systems.
A. All solar energy systems existing on the effective date of this chapter
shall be allowed to continue usage as they presently exist. Routine
maintenance (including replacement with a new system of like construction
and size) shall be permitted on such existing systems. New construction
other than routine maintenance shall comply with the requirements
of this chapter.
B. Any application for a solar energy system which is pending on the
effective date of this chapter shall be subject to the provisions
of this chapter.
C. This chapter shall take precedence over any inconsistent provision
contained in any other provision of the Town Code of the Town of North
Collins.
D. Any inconsistent provisions contained in any other provision of the
Town Code are hereby superseded by this chapter.
The placement, construction and/or major modification of all
solar energy systems within the boundaries of the Town of North Collins
shall be permitted as follows:
A. Residential solar energy systems up to 12 kw shall be permitted in
all zoning districts upon issuance of a building permit, subject to
compliance with the requirements and criteria of this chapter. Any
residential solar energy system exceeding 12 kw, but less than 25
kw, may be permitted upon issuance of a building permit, provided
the applicant first obtains a variance and site plan approval from
the Town Planning Board and otherwise complies with the requirements
of this chapter.
B. Commercial solar energy systems up to 25 kw shall be permitted in
all commercial zoning districts upon issuance of a building permit,
subject to compliance with the requirements and criteria of this chapter.
Any commercial solar energy system exceeding 25 kw, but less than
100 kw, may be permitted upon issuance of a building permit, provided
the applicant first obtains a variance and site plan approval from
the Town Planning Board and otherwise complies with the requirements
of this chapter.
C. Rooftop-mounted and building-mounted solar energy systems shall be
allowed in all zoning districts upon issuance of a building permit,
subject to compliance with the requirements and criteria of this chapter.
D. Ground-mounted solar energy systems situate on lots of two or more
acres in size and which otherwise comply with all of the requirements
and criteria of this chapter shall be allowed in all zoning districts
upon issuance of a building permit.
E. Ground-mounted solar energy systems situate on lots less than two
acres in size may be allowed in all zoning districts, conditioned
upon site plan approval by the Town Planning Board and upon issuance
of a building permit, subject to compliance with all provisions of
this chapter as determined by the Town Planning Board. The Town Planning
Board shall have the sole discretion as part of the site plan review
process to determine whether a variance from the requirements of this
chapter may be allowed.
F. Utility-scale solar energy systems shall be allowed only by special
permit and only in the R-A (Residence-Agricultural) District in accordance
with the criteria established in this chapter, after SEQRA review
and concurrent site plan approval by the Town Planning Board and upon
issuance of a building permit.
Applications for special permits for utility-scale solar energy
systems under this chapter shall be made as follows: Applicants for
a special permit to place, construct, or to make a major modification
to a utility-scale solar energy system within the Town of North Collins
shall submit six sets of the following information to the Building
Inspector, who shall first present the application to the Town Board.
The Town Board shall initially review the application and shall then
refer the matter to the Town Planning Board for review and recommendation
and for concurrent site plan review. At any time in the process, the
Building Inspector, the Town Board or the Planning Board may request
that a professional engineer or consultant review the matter and act
as consultant to the Town in the permitting process. The Planning
Board may make such additional referrals and requests as it deems
appropriate. No such application shall be deemed filed until all required
application fees and related costs have been paid by the applicant.
In the event a consultant is hired by the Town, the applicant shall
pay the costs thereof. The following information shall be contained
in the initial application:
A. A completed full environmental assessment form (EAF) under the State
Environmental Quality Review Act (SEQRA) which shall fully describe
the proposed system, its location, purpose and potential environmental
impact. The Town Planning Board shall be designated as the lead agency
for the SEQRA process. A visual site assessment may also be requested
subject to the discretion of the Planning Board.
B. The following additional information shall be required:
(1) Name, address, telephone number of the property owner and the section,
block, lot (SBL) tax number of the parcel(s) involved. Copies of the
deed and a current survey shall be included. If the property owner
is not the applicant, the application shall include the name, address
and telephone number of the applicant and a letter of authorization
signed by the property owner authorizing the applicant to represent
the property owner; the applicant must demonstrate fee simple property
ownership; and
(2) Documentation of access to the project site, including location of
all access roads, gates, parking areas, etc.; and
(3) Documentation of the clearing, grading, stormwater and erosion control
plans; and
(4) Utility interconnection data and a copy of written notification to
the utility of the proposed interconnection; and
(5) One- or three-line electrical diagram detailing the solar energy
system installation, associated components, and electrical interconnection
methods, with all disconnects and over-current devices; and
(6) A property owner or applicant who has installed or intends to install
a utility-scale solar energy system may choose to negotiate with other
property owners in the vicinity for any necessary solar skyspace easements
or other applicable easements. The issuance of a special use permit
does not constitute solar skyspace rights, and the Town shall not
be responsible for ensuring impermissible obstruction to the solar
skyspace as a result of uses or development performed in accordance
with the Town Code; and
(7) The viability and suitability of the site for agricultural production
and/or livestock grazing, including, but not limited to, the identification
of important farm soils (Prime, prime drained, Statewide importance,
soil groups 1-4) and the extent of agricultural activity.
C. A site plan drawn in sufficient detail as follows:
(1) Plans and drawings of the solar energy system installation signed
by a professional engineer registered in New York State showing the
proposed layout of the entire solar energy system along with a description
of all components (including inverters and transformers), whether
on site or off site, existing vegetation and proposed clearing and
grading of all sites involved, and utility lines, both above and below
ground, on the site and adjacent to the site; and
(2) Property lot lines and the location and dimension of all existing
structures and uses on site and off site which are within 500 feet
of the solar panels; and
(3) Proposed fencing and/or screening for said project (location, extent,
and details);
(4) Location of access roads (with road details):
(5) Location of battery storage (if planned for or anticipated in future
phases); and
(6) All other relevant information as required in §
212-6.
D. A decommissioning plan to ensure the proper removal of utility-scale
solar energy systems. The decommissioning plan is to be submitted
as part of the special permit application to the Building Inspector
for approval and must specify that after the utility-scale solar energy
system is no longer in use (as determined by the owner/operator or
the Building Inspector), it shall be removed by the applicant or any
subsequent owner. The decommissioning plan shall identify the anticipated
life of the project. The plan shall demonstrate how the removal of
all infrastructure and restoration shall be conducted to return the
parcel to its original state prior to construction. The plan shall
also include an expected time line for execution and a cost estimate
for decommissioning prepared by a professional engineer or qualified
contractor. Cost estimates shall take inflation into consideration
and be revised every five years during the operation of the system
and include any salvage value. Removal of the large-scale solar energy
system must be completed in accordance with the approved decommissioning
plan and the standards provided as follows:
(1) The applicant shall submit a decommissioning and site restoration
plan, including cost estimate, to the Town for its review and approval
prior to the approval of any wind energy permit. The restoration plan
shall identify the specific properties it applies to and shall indicate
removal of all buildings, structures, wind turbines, hazardous materials,
access roads and/or driveways and foundations to 3.5 feet below finish
grade including all above and below ground improvements and equipment,
foundations, and structures including but not limited to substations,
buildings, cabling, electrical components, security barriers, roads,
foundations, pilings, and other associated facilities, so that any
ground is again tillable and suitable for agricultural use. Road repair
costs, if any shall be indicated, and all revegetation necessary to
return the subject property to the condition existing prior to the
installation of the utility-scale solar energy system. The restoration
plan shall reflect the site-specific character, including topography,
vegetation, drainage and any other unique environmental features.
The plan shall include a detailed estimate of the total cost (by element)
of implementing the removal and restoration plan. The decommissioning
plan shall include information regarding the anticipated life of the
project.
(2) The Town should retain the sole right to determine that the site
has been fully decommissioned. Any costs borne by the Town in making
this determination should be passed on to the project developer. The
project developer should be fully responsible for any removal costs
which exceed the decommissioning bond.
E. Removal and restoration bond.
(1) A bond or other approved security shall be provided to cover the cost of removal and restoration of the area impacted by the solar system. Security shall be in an amount equal to 150% of the estimated cost to restore the property as presented in the approved decommissioning plan. Security shall cover the full decommissioning costs without recoverable costs from salvage value; applicant to include anticipated salvage value as indicated in Subsection
D above, but this shall not be factored into the decommissioning costs. Any remaining security after full removal and restoration of the site, to the satisfaction of the Town, will be returned to the applicant or any subsequent owner.
(2) Proof of said decommissioning and site restoration bond shall be
provided to the Town on an annual basis. The bond amount shall be
increased each year to account for inflationary costs. The sufficiency
of such bond shall be confirmed at least every five years by analysis
and report of the cost of removal and site restoration. Such report
shall be procured by the sponsor and filed with the Town every five
years. If the report demonstrates that the amount of the bond is insufficient,
the bond amount shall be increased to the amount necessary to cover
such cost within 10 days after the applicant's receipt of such
report and the increased bond shall be filed with the Town Clerk.
F. Operations and maintenance plan that includes responsible entity
with such activity, frequency of maintenance, frequency and scope
of any replacement equipment, replacement of any fencing or screening
vegetation, a safety plan that includes any special instructions to
local fire agencies, and any other such information as required by
the Planning Board.
G. Liability insurance. Prior to issuance of the building permit, the
project sponsor shall provide proof in the form of an insurance certificate
or policy issued by an insurance company, that liability insurance
has been obtained to cover damage or injury which may result from
the failure of the tower, turbine or other components of the utility-scale
solar energy system. Such insurance policy shall provide coverage
of not less than $5,000,000 and shall name the property owner and
the Town of North Collins as an additional named insured. Upon request,
the sponsor shall provide updated proofs of coverage to the Town on
any utility-scale solar energy system constructed on Town property
or Town rights-of-way.
H. If ownership of the utility-scale solar energy system, or ownership
of the underlying land upon which the utility-scale solar energy system
facility is located, should change hands, the original holder of the
wind energy permit, and subsequent owners, shall provide notification
to the Town Clerk 90 days' prior to the change of ownership.
I. The new owner of the utility-scale solar energy system shall present
proof to the Town Clerk prior to taking ownership that the required
bonds and insurance policies remain in full force and effect. The
new owner shall provide a written statement to the Town Clerk that
he/she is aware of the conditions and requirements of the wind energy
permit which continue to govern the operation of the facility.
J. Any such additional information as may be required by the Town's
professional engineer or consultant, Town Planning Board or other
agent or employee of the Town.
Special permits issued for a utility-scale solar energy system
shall meet the following minimum conditions:
A. Minimum lot area: The minimum lot area shall be 25 acres.
C. Setbacks: Any utility-scale solar energy system shall adhere to the
following setbacks:
(1) A minimum of 300 feet from all property lot lines.
(2) From all buildings or structures: a minimum of 300 feet from any
inhabited building or structure, except for buildings and structures
located on the proposed project lot.
(3) From any public roadway, park, playground or school: a minimum of
300 feet from any public roadway, park, playground or school.
D. Maximum overall height: The height of a utility-scale energy system
shall not exceed 20 feet when oriented at maximum tilt.
E. A utility-scale solar energy system shall not be located in an area
consisting of soil groups 1-4.
F. A utility-scale solar energy system shall adhere to all applicable
federal, state, county and Town of North Collins laws, regulations,
building, plumbing, electrical and fire codes.
G. Development and operation of a utility-scale solar energy system
shall not have a significant adverse impact on adjoining property
owners, wildlife, fish or plant species or their critical habitats
or other significant habitats.
H. The design, construction, operation and maintenance of a utility-scale
solar energy system shall prevent the misdirection and/or reflection
of solar rays onto neighboring properties, public roads and public
parks in excess of that which already exists.
I. All structures and devices used to support solar collectors shall
be nonreflective and/or painted in a subtle or earth tone color.
J. All transmission lines and wiring associated with a utility-scale
or solar energy system shall be buried and include necessary encasements
in accordance with the National Electric Code and state and local
code requirements. The applicant is required to show the locations
of all proposed overhead and underground electric utility lines, including
substations and junction boxes and other electrical components for
the project on the site plan.
K. All transmission lines and electrical wiring shall be in compliance
with the utility company's requirements for interconnection.
L. Lighting on any structure associated with the system shall not be
allowed, except to the extent it may be required by state or federal
law.
M. No advertising signs shall be permitted on the solar energy system.
Signage shall be included which provides twenty-four-hour emergency
contact phone numbers to the owner of the system and in accordance
with state or federal law.
N. Any site containing a utility-scale solar energy system shall contain
fencing or other device acceptable to the Town enclosing all solar
energy system components.
O. A berm, landscape screen or other opaque enclosure, or any combination
thereof acceptable to the Town capable of screening the site may be
required along any property line that abuts an existing roadway or
residence.
P. After completion of a utility-scale solar energy system, the applicant
shall provide a post-construction certification from a professional
engineer registered in New York State that the project complies with
all applicable codes and industry practices and is operating according
to the design plans.
Q. The applicant is required to obtain all necessary and required regulatory
approvals and permits from all federal, state, county and local agencies
having jurisdiction and approval related to the completion of a utility-scale
solar energy system.
R. A bond or other appropriate form of security shall be offered by the applicant as part of the decommissioning plan as set forth in §
212-7E, to cover the cost of the removal and site restoration, and said proof of appropriate form of security shall be filed prior to construction and on an annual basis with the Town Clerk.
S. Clearing, grading, stormwater and erosion control. Before the Town
of North Collins shall issue a building permit for a utility-scale
solar energy system, the applicant shall submit a stormwater and erosion
control plan to the Town Planning Board for its review and approval.
The plan shall minimize the potential adverse impacts on wetlands
and Class I and Class II streams and the banks and vegetation along
those streams and wetlands and minimize erosion or sedimentation.
Applications for solar energy systems which are to be used solely
to offset energy use as part of a farm operation [as defined in Agriculture
and Markets Law § 301(11)] located in a state or county
agricultural district shall include the following information:
A. Name and address of the applicant.
B. Evidence that the applicant is the owner of the property involved
or has the written permission of the owner to make such application.
C. A drawing or diagram drawn in sufficient detail to show the following:
(1) Location of the proposed system on the site.
(2) Property lot lines and the location and dimensions of all existing
structures and uses within 500 feet of the proposed system.
(3) Dimensional representation of the various structural components of
the proposed solar energy system.
D. Environmental assessment form (short form) pursuant to 6 NYCRR 617.
E. Such additional information as may be reasonably requested by the
Town Planning Board for a complete understanding of the proposed system.
F. The Planning Board may determine that not all of these requirements
are necessary for a particular proposed project.
G. A permit fee, in an amount as established by the Town Board from
time to time.
H. The applicant shall include evidence that the system will be used
solely to reduce the on-site consumption of electricity. Remote net
metering shall be permitted if all agricultural locations (host and
satellite) are geographically located within North Collins.
I. Evidence that the electrical output from the solar energy system
will not exceed 110% of the farm's anticipated electrical needs.
If the applicant and/or owner of any solar energy system violates
any of the conditions of its special permit or site plan approval
or violates any other federal, state, county or local law, rule or
regulation, this shall be grounds for the revocation of the applicable
special permit, site plan approval or building permit previously issued
to the applicant. Revocation may occur after the applicant and/or
owner is notified, in writing, of the violations and the Town Planning
Board holds a hearing on same.
In the interpretation and application of this chapter, the provisions
of this chapter shall be held to be minimum requirements, adopted
for the promotion of the public health, safety and general welfare
of the residents of the Town of North Collins. It is not intended
to interfere with, abrogate, or annul other rules, regulations or
laws, provided that whenever the requirements of this chapter are
at variance with the requirements of any other lawfully adopted law,
rule or regulation, the most restrictive, or those which impose the
highest standards, shall govern.
If any section, subsection, phrase, sentence or other portion
of this chapter is for any reason held invalid, void, unconstitutional
or otherwise unenforceable by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining
portions thereof.
Solar energy systems shall be exempt from assessment/taxation as provided under Real Property Tax Law § 487. However, the Town of North Collins reserves the right to require the owner of a utility scale solar energy system to enter into a contract for payments in lieu of taxes (PILOT) as a requirement for receiving a special permit under §
212-7.