A.
Building-, roof- and ground-mounted solar photovoltaic systems.
(1)
A building permit shall be required for the installation of all roof-
and building-mounted SPSs and ground-mounted systems for small-scale
residential use.
(2)
All review and permitting for roof-, building- and ground-mounted
systems shall be the responsibility of the Town of Marilla Code Enforcement
Officer.
(3)
Any post-construction changes to any small-scale roof-, building-
or ground-mounted SPS require review and approval by the Town of Marilla
Code Enforcement Officer.
B.
Utility-scale solar photovoltaic systems.
(1)
All utility-scale SPSs shall require the issuance of a special use
permit and site plan approval from the Marilla Town Board.
C.
Applicability. Two types of ground-mounted SPSs are addressed herein:
(1)
SPS Type 1: a utility- (large-) scale system designed for the generation
of power supplied for commercial use and/or to the public utility
grid by way of a net metering agreement.
(2)
SPS Type 2: a small-scale system designed to generate power for a
single residence or property owner. A Type 2 system shall be permitted
to supply power to the local utility grid, on a limited basis, by
way of a net metering agreement at no greater than 110% of anticipated
on-site demand.
D.
Permitted use and locations.
(1)
Any SPS shall be considered and regulated as an accessory use/structure
in all zoning districts where permitted.
(2)
Type 1 SPSs shall be permitted in the A Agricultural District only.
Type 2 SPSs shall be permitted in all districts within the Town.
(3)
A building-mounted SPS shall be integrated into the design of the
building and shall not obstruct any window, door or other architectural
feature of the building.
(4)
A building-mounted SPS shall not extend more than three feet from
the building facade to which it is affixed.
(5)
A roof-mounted SPS shall not be located closer than three feet to
any roof edge or building wall, and in no instance shall any part
of the system extend beyond the roof line or parapet wall.
(6)
When affixed to a pitched or peaked roof, an SPS should generally
follow the slope of the roof. The highest part of a roof-mounted SPS
shall not be more than three feet higher than the finished roof to
which it is attached.
(7)
The Town of Marilla Code Enforcement Officer shall require a minimum
three-foot center walkway between panels or arrays for safety access
purposes for any roof-mounted SPS.
E.
Minimum lot requirements.
(1)
The minimum lot size for Type 1 SPS is five acres. The density of
any solar farm shall not be greater than 50% of the size of the lot
and shall not, in any event, exceed 50 acres.
(2)
The required front yard setback for Type 1 and Type 2 ground-mounted
SPSs shall be 100 feet. Side yard setbacks shall be 30 feet as measured
from the parcel line to the nearest part of the system. Where Type
1 SPSs are adjacent to residential uses, public parks or schools,
side yard setbacks shall be 60 feet as measured from the parcel line
to the nearest part of the system. Any road or driveway for ingress
and egress existing or to be installed shall be 30 feet as measured
from the nearest property line.
(3)
No part of any SPS shall extend into the required setbacks, including
any movement as a result of a tracking system or other adjustment
of SPS-related equipment or parts.
(4)
A Type 2 ground-mounted SPS shall be permitted in the side yard or
rear yard of any residential or business property but shall not extend
beyond the front building line of the property.
(5)
The orientation of any SPS shall not be directed at any adjacent
or adjoining residential dwelling.
F.
Height restrictions.
(1)
The maximum overall height for Type 1 and Type 2 ground-mounted systems
is 20 feet from finished grade.
(2)
The highest part of a roof-mounted SPS shall not be more than three
feet higher than the finished roof to which it is attached.
(3)
Roof-mounted SPSs shall be mounted a minimum of 18 inches off the
roof.
(4)
The maximum height of a building-mounted SPS shall be 18 feet, as
measured from the lowest point where the system is affixed to the
vertical facade of a building.
A.
All SPSs 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 fully with the requirements
of this chapter.
B.
No SPS shall hereafter be used, erected, moved, reconstructed, changed
or otherwise altered except in conformity with these regulations.
C.
Any applications, including applications for variances, pending for
an SPS on the effective date of this chapter shall be subject to the
provisions contained herein.
D.
All SPSs shall be installed by a qualified solar installer, as defined
by this chapter.
E.
Any building-, roof- or ground-mounted SPS shall be fully accessible
to all emergency service vehicles and personnel.
F.
Nothing contained in this chapter shall be construed to prohibit
collective solar installations or the sale of excess power through
net billing or net metering arrangements in accordance with New York
State Public Service Law § 66-j or similar New York State
or federal laws and regulations.
G.
All SPSs shall adhere to all applicable federal, state, county and
Town of Marilla laws and regulations, including building, plumbing,
electrical, and fire codes.
H.
The Town of Marilla Code Enforcement Officer shall notify the Marilla
Fire Department upon the approval of any approved solar installations.
A.
Design and installation standards.
(1)
All structures and devices used to support SPSs shall be nonreflective
and/or painted a subtle or earth tone color.
(2)
The design, construction, operation and maintenance of any SPS shall
prevent the misdirection and/or reflection, glare or glint of solar
rays onto neighboring properties, businesses, public roads, public
parks and other public facilities in excess of that which already
exists. Should this occur, proper action shall be taken to correct
the problem within 30 days upon notification of the Town of Marilla
Code Enforcement Officer.
(3)
Artificial lighting of any SPS shall be limited to lighting required
for safety and operational purposes and shall be dark sky compliant
and shielded from all neighboring properties and public roads.
(4)
When solar storage batteries are included as a part of any SPS, they
shall be placed in secure containers or enclosures that meet the requirements
of the New York State Uniform Fire Prevention and Building Code when
in use. When no longer used, solar storage batteries must be disposed
of in accordance with all applicable laws of New York State and Erie
County regulations.
(5)
Disconnect and other emergency shutoff information must be clearly displayed at/on the meter location of a Type 1 SPS for emergency personnel, as well as twenty-four-hour emergency contact information. (See § 640-7E of this chapter.)
(6)
The power supply cutoff device for any Type 2 roof- or building-mounted
SPS shall be located on the outside of the structures that support
such systems, in close proximity to where the power supply enters
the facility, along with twenty-four-hour emergency contact information,
where it can be easily accessed by emergency personnel.
(7)
All wiring must be designed and installed to comply with the National
Electrical Code (NEC).
(8)
All interconnecting cables between the SPS and accessory or servicing
structures shall be installed underground or within the structure
they are mounted upon.
(9)
A minimum seven-foot-high fence shall be used to fully enclose the any Type 1 SPS to prevent unauthorized access to the site. [See § 640-7D(2).]
(10)
The SPS system must be designed and constructed to comply with
the most recent fire code, as amended and adopted by the State of
New York.
B.
Compliance with Building Code.
(1)
Building permit applications shall be accompanied by standard drawings
of structural components of the SPS, including support structures,
base and footings. Drawings shall be stamped, and any necessary calculations
shall be certified, in writing, by a licensed New York State professional
engineer or architect to indicate that the system complies with the
current New York State Building Code.
(2)
Where the installation or structural components vary from the standard
design or specifications, proposed modifications shall be certified
by a licensed New York State professional engineer for compliance
with the seismic and structural design provisions of the New York
State Building Code.
C.
Compliance with Electrical Code.
(1)
Building permit applications shall be accompanied by a line drawing
identifying the electrical components of the SPS to be installed in
sufficient detail to allow for a determination that the manner of
installation conforms to the Electrical Code. The application shall
include a statement from a New York State licensed professional engineer
or architect indicating that the electrical system conforms to sound
engineering practices and complies with the National Electrical Code
(NEC). This certification would normally be supplied by the manufacturer.
All equipment and materials shall be used or installed in accordance
with such drawings and diagrams.
(2)
Where the electrical components of an installation vary from the
standard design or specifications, the proposed modifications shall
be reviewed and certified by a New York State licensed professional
engineer for compliance with the requirements of the NEC and sound
engineering practices.
D.
Maintenance and repair records.
(1)
An SPS shall be maintained in operational condition at all times,
subject to reasonable maintenance and repair outages. "Operational
condition" includes meeting all approval requirements and conditions.
(2)
The SPS shall be kept free from hazards, including, but not limited
to, faulty wiring, loose fastenings, and creation of an unsafe condition
or detriment to public health, safety or general welfare.
(3)
Owners and operators of Type 1 SPSs shall be required to keep all
records of maintenance activities. The Town of Marilla Code Enforcement
Officer shall have the right to request documentation from the owner/operator
of an SPS regarding the system's usage and maintenance at any
time.
(4)
The owner/operator of a Type 1 SPS shall be required to fully inspect the system on an annual basis. A copy of the inspection report shall be provided to the Marilla Building Department as part of the renewal of the special use permit. (See § 640-7 of this chapter.)
(5)
The inspection of SPSs shall comply with all requirements of the
New York State Building Code.
E.
Abatement and removal.
(1)
If an SPS poses a safety hazard, as determined by the Town of Marilla
Code Enforcement Officer, the owner or operator shall take immediate
action to remedy the hazard. The Code Enforcement Officer shall have
the authority to cause the abatement of any hazardous situation. If
the Town of Marilla determines that the SPS poses a safety hazard,
a notice of violation shall be issued and the SPS shall be made nonoperational
until such hazard has been remedied to the satisfaction of the Town
of Marilla Building Department.
(2)
If the use of an approved SPS is discontinued, the owner or operator
shall notify the Town of Marilla Building Department within 30 days
of such discontinuance. If the SPS is to be retained and reused, the
owner or operator shall further inform the Town of this, in writing,
at such time and obtain any necessary approvals within one year. Otherwise,
the SPS shall be deemed automatically abandoned.
(3)
If the SPS has been nonoperational or abandoned for a period of one
year or more, the system shall be removed within 45 days' of
written notice from the Town of Marilla to the property owner or operator
of the system.
A.
Any proposal to place, construct or modify a Type 1 utility-scale
solar photovoltaic system in the Town of Marilla requires the issuance
of a special use permit and site plan approval by the Marilla Town
Board.
B.
All special use permit applications for an SPS shall be submitted
to the Town of Marilla Building Department.
C.
All special use permit applications shall include the following information:
(1)
Completed special use permit application and checklist.
(2)
Completed site development plan application and checklist.
(3)
An accurate real property survey.
(4)
Engineered drawings certified by a licensed professional engineer
or architect.
(5)
Design elevations that illustrate the potential views and height
of proposed structures.
(6)
Aerial site plan showing the location of relevant utility poles and
lines, trees and structures, and the names of all adjacent property
owners.
(7)
Clearing, grading, stormwater drainage and/or erosion control plans,
as required.
(8)
Soils map that illustrates the location of all prime farm soils on
the subject property, which factor shall be given great weight in
the approval process.
(9)
Local utility provider interconnection documentation.
(10)
SPS manufacturer information.
(11)
Maintenance and removal plan.
(12)
Preconstruction soil testing plan to form a baseline for restoration.
(13)
Decommissioning and restoration plan.
(14)
SEQR environmental assessment form.
(15)
Visual impact assessment form.
D.
Screening, visibility and access.
(1)
Type 1 SPSs are required to submit a screening and landscaping plan,
showing adequate measures to screen the site through landscaping,
grading or other means so that the visibility of solar panels/arrays
and other equipment is minimized from roadways and neighboring properties.
The screening and landscaping plan should include the locations, elevations,
height, plant species, and/or materials that will be used to screen
and/or mitigate any adverse aesthetic effects of the system. Berms
to be installed shall be a minimum of eight feet in height. Deer-resistant
evergreens of at least eight feet in height shall be acceptable for
these purposes unless natural existing vegetation meets or exceeds
these requirements.
(2)
A safety plan must be submitted that specifies the measures that
will be used to prevent public access to unsafe areas, and to provide
for emergency response, including but not limited to the location,
height, materials, and colors of fencing and other barriers to public
access. A standard red universal fire lock box shall be installed
to allow emergency on-site access. Emergency response personnel shall
be given the opportunity for a final walk-through prior to issuance
of final approval of the construction.
(3)
Documentation shall be provided to confirm that no element of an
SPS will reflect glint or glare that could be disruptive to passing
aircraft (as defined by the FAA).
E.
Signage and/or graphic content.
(1)
No signage or graphic content may be displayed on any Type 1 SPS
system except the manufacturer's badge, safety information and
equipment specification information. Said information shall be depicted
within an area no more than 36 square inches in size.
(2)
The locations, size and text of any safety signage that will be used
for any Type 1 SPS to prohibit public access to unsafe areas shall
be included with the site plan.
(3)
Type 1 systems and sites may not be used for displaying advertising
except for reasonable identification of the owner/operator and shall
comply with all signage restrictions.
F.
Operations and maintenance plan.
(1)
To include mowing, landscaping and screening maintenance and replacement;
frequency of SPS equipment inspection and maintenance; anticipated
time frame for significant maintenance and/or replacement of equipment
as required and provisions for notifying the Town of any change of
operations and/or ownership.
(2)
A bond and/or surety or other form of security, acceptable to the
Town Attorney, shall be required for all Type 1 projects of at least
125% of the estimated cost of SPS removal and site restoration with
an annual escalation of 2% throughout the SPS's anticipated existence.
Said proof or bond or security shall be filed with the Town prior
to construction and shall remain in force for the life of the SPS.
All such expense for the establishment of a bond and/or surety and
maintaining the same shall be borne by the applicant.
G.
Decommissioning and restoration. The applicant shall include the
following information with the special use permit application regarding
decommissioning of the SPS and restoration of the site:
(1)
The anticipated life of the SPS.
(2)
The estimated decommissioning costs in current dollars based upon
a New York State licensed professional engineer's written opinion.
(3)
The method and schedule for updating the costs of decommissioning
and restoration.
(4)
A method of ensuring that funds will be available for decommissioning
and restoration.
(5)
The anticipated manner in which the SPS will be decommissioned, and
the site restored, including but not limited to the removal of all
structures and foundations associated with the SPS system; restoration
of all ground surfaces, including topsoil and seeding as necessary;
removal of all buried cables and wires associated with the system;
and a specific plan to dispose of solar panels in an environmentally
sound manner.
(6)
Such other and reasonable requirements as determined by the Town
of Marilla.
H.
Additional requirements.
(2)
The applicant is required to obtain all necessary regulatory permits
and approvals from all federal, state and county agencies having jurisdiction
as related to the completion of the Type 1 SPS.
(3)
After completion of the Type 1 SPS, the applicant shall provide post-construction
certification from a licensed New York State professional engineer
that indicates that the project complies with all applicable codes
and industry practices and has been constructed and is operating in
accordance with the approved design plans.
(4)
After the granting of the special use permit for the Type 1 SPS,
concurrent with site plan approval, the building permit shall be obtained
within six months and construction of the project completed within
12 months. If the project is not constructed and operational within
12 months of the issue date for the special use permit, the permit
and site plan approval shall lapse, and the project owner/operator
will be required to seek new approval from the Town Board unless otherwise
determined by the Code Enforcement Officer that the project may be
continued. In such case, the project must be more than 90% constructed
and near completion, in which case a three-month extension could be
granted.
(5)
Up until the time that final site plan approval has been granted
by the Marilla Town Board and permits have been issued by any and
all governmental agencies involved with the Type 1 SPS project, the
Town Board may impose additional conditions or restrictions, as it
may deem necessary, prior to approving the request for a special use
permit.
(6)
Any post-construction changes or alterations to a Type 1 SPS shall
be undertaken only by amendment to the special use permit (and site
plan approval, if required), subject to all requirements of this chapter.
(7)
Special use permits for a Type 1 SPS are assignable or transferable
as long as they are in full compliance with all requirements of this
chapter and all conditions of the permit, and the Marilla Code Enforcement
Officer is notified of said change, in writing, no less than 15 days'
prior thereto.
(8)
A special use permit for a Type 1 SPS must be renewed on an annual
basis. A copy of the annual maintenance and inspection report must
be submitted along with the application for renewal.
I.
Fees.
(1)
The applicant shall pay an initial application fee of $2,500, or
such other amount as the Town Board may, from time to time, determine
by resolution as appropriate, upon filing application for a special
use permit and site plan approval. This fee shall be appropriate to
cover the costs of processing and reviewing the application. Applicants
for Type 1 SPS systems shall also establish an escrow account in the
minimum amount of $5,000 for costs associated with Town review of
the application, including usage of outside consultants.
(2)
An applicant for any Type 2 SPS shall pay a building permit fee of
$50 or such other amount as the Town Board may, from time to time,
determine by resolution as appropriate for this action.
(3)
The applicant shall pay the standard fee for the filing of a site
plan application for Type 1 SPS, as determined from time to time by
resolution of the Town Board.
(4)
In addition to any special permit or site plan application fees,
an applicant shall also pay the required building permit application
fee.
(5)
All special use permits must be renewed on an annual basis. The renewal
fee for a special use permit is $100 or such other amount as the Town
Board may determine, from time to time, by resolution as appropriate.
(6)
Applicants for any Type 1 SPS shall pay an additional 3% of the estimated
project cost to the Town for an open space and farmland protection
program fund to be held by the Town.
A.
Violations of any of the conditions of the special use permit, site
plan approval or any other local, state or federal laws, rules or
regulations shall be grounds for the revocation of the special use
permit or site plan approval. Revocation may occur after the applicant
is notified, in writing, of the violations and the Town of Marilla
Town Board holds a hearing on same.
B.
In their interpretation and application, the provisions of this chapter
shall be held to be minimum requirements, adopted for the promotion
of the public health, safety and general welfare. 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 a variance
with the requirements of any other lawfully adopted regulations, rules
or laws, the most restrictive, or those which impose the highest standards,
shall govern.
C.
If any section, subsection, phrase, sentence or other portion of
the chapter is for any reason held invalid, void, unconstitutional
or 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
hereof.
