(Added 6-22-2023 by L.L. No. 2-2023)
The Solar Energy System Overlay District is adopted pursuant
to New York State Town Law §§ 261 through 263 and Municipal
Home Rule Law § 20.
This Solar Energy System Overlay District article is adopted as a new article in Chapter 150 Zoning, of the Code of the Town of Owasco to allow there to be established "floating" zones in the Town of Owasco wherein Tier 3 Solar Energy Systems described in this article may be installed to provide a source of renewable energy to serve the community. It provides for the responsible development of adequately sized parcels located near substations that may be otherwise challenging to develop, difficult to reclaim and/or unsuitable for higher value development. The creation of floating Solar Energy System Overlay Districts shall require the consideration of the neighborhood's needs, including, but not limited to, aesthetics, safety, drainage, lot clearing impacts on natural resources, and private investment into community amenities (such as parks and trail systems). These overlay districts are adopted to advance and protect the public health, safety, and welfare of the Town by creating regulations for the installation and use of Solar Energy Systems and equipment with the following objectives:
A.
To take advantage of a safe, abundant, renewable and non-polluting
energy resource;
B.
To foster low-impact development of sites that are located near existing
substations and are otherwise challenging to develop, difficult to
reclaim, and/or unsuitable for higher value development;
C.
To broaden the economic tax base without further depleting or drawing
on limited resources;
D.
To lessen the impacts of Solar Energy Systems on environmental resources
such as important agricultural lands, forests, wildlife, and other
protected resources, including, but not limited to, scenic byways
and view sheds; and
E.
To create synergy between solar and other community goals pursuant
to the Town's Comprehensive Plan, such as to responsibly and
safely create vibrant neighborhoods, manage land uses, create and
preserve walkable areas and recreation spaces, and encourage investment
in the Town.
Terms pertaining to the Solar Energy System Overly District are defined in Town Code § 150-20.6C, Definitions.
A.
The requirements of this article shall apply to all Tier 3 Solar
Energy Systems permitted, installed, or modified in the Town of Owasco
after the effective date of this article, excluding general maintenance
and repair.
B.
Modifications to an existing Tier 3 Solar Energy System that increase
the solar energy system area by 5% of the original area, or more shall
be subject to this article.
C.
All Tier 3 Solar Energy Systems shall be designed, erected, and installed
in accordance with all applicable codes, regulations and industry
standards as referenced in the New York State Uniform Fire Prevention
and Building Code Act, the New York State Energy Conservation Code
and the Town of Owasco Zoning Law.
A.
All applicants and owners of a Tier 3 Solar Energy System must file
a building permit application with the Building Department together
with a zone change application for the subject parcel or parcels of
land to be re-zoned to Solar Energy System Overly District, together
with a preliminary site plan application and a special use permit
application.
B.
Any person or corporation having ownership of the property, or a
possessory interest entitled to exclusive possession, or a contractual
interest or future ownership, may file a request for the creation
and use of the floating overlay district. No building permit application
will be processed to completion until the applicant first obtains
approval from the Owasco Town Council to re-zone the subject property(ies)
to Solar Energy System Overlay District.
C.
All Tier 3 Solar Energy System Overlay District applications are
subject to the New York State Environmental Quality Review Act ("SEQRA")
as "Type I" projects. The Owasco Town Council shall serve as lead
agency for SEQRA review.
A.
All Tier 3 Solar Energy Systems are permitted through Owasco Town
Council for a Zoning Map amendment and Type I State Environmental
Quality Review Act ("SEQRA") review. The Town of Owasco Planning Board
shall be a referral agency for the review of site plans and special
use permits.
B.
Pre-application meeting. At least 60 days prior to the submission
of an application, the applicant shall conduct a pre-application meeting
with the Owasco Town and Planning Boards, in joint session to ensure
all parties have clear expectations regarding any Town requirements
applicable to the proposed Tier 3 Solar Energy System re-zone application.
A written request for this purpose shall be sent to the Town Council.
Submission and review of the application shall not be delayed based
on the failure of the Town to respond in a timely manner to a properly
filed meeting request.
C.
At the pre-application meeting, the applicant must provide 1) a brief
description of the proposed facility and its environmental setting,
2) a map of the proposed facility showing project components, 3) the
proposed facility's anticipated impacts, 4) a designated contact
person with telephone number, email address, and mailing address from
whom information will be available on a going-forward basis, and 5)
an anticipated application submission date.
D.
Applications for Tier 3 Solar Energy Systems shall be reviewed by
the Code Enforcement Officer for completeness. Applicants shall be
advised within 60 days of the Code Enforcement Officer's receipt
of the applicant's full application as to the completeness of
their application or any deficiencies that must be addressed prior
to substantive review.
E.
At the time of submittal of the application for a floating Solar Energy System Overlay District for a Tier 3 Solar Energy System, at a minimum and unless waived by the Town of Owasco Town Council, the Solar Energy Applicant shall submit documents in accordance with § 150-9.28A(1) to be reviewed and approved by the Town's designated engineer if requested by the Owasco Town Council.
F.
The application and all supporting materials shall be referred to
the Cayuga County Department of Planning and Economic Development
by the Owasco Town Council pursuant to General Municipal Law § 239-m,
as required.
A.
The Town Council may recommend establishment of a Solar Energy System
Overlay District, provided that the application materials and preliminary
site plan establish that:
(1)
The proposed zoning change is in conformance with the general
intent of this chapter and the Town of Owasco Comprehensive Plan.
(2)
The proposed use will not be detrimental to surrounding uses
and will allow for land surrounding the proposed development to be
planned in coordination with the proposed development and that it
be compatible in use.
(3)
The proposed location does not create materially adverse visual
impacts to surrounding uses. The visual impact of the proposed use
will not have an adverse impact on viewsheds, including, but not limited
to, view of and view from the Owasco Lake, established touring routes,
existing residential areas, existing parklands and recreational uses,
etc.
(4)
The use is not a prohibited use hereunder, or under any other
provision of the Zoning Code of the Town of Owasco.
(5)
The use avoids installation on agricultural lands consisting
of highly productive soils (i.e., prime farmland soils and soils of
statewide importance) as identified by the United States Department
of Agriculture- Natural Resources Conservation Service (USDA-NRCS)
or alternative available resource (NYS Department of Agriculture and
Markets Soil Groups 1 through 4) as follows. The Town will use the
following hierarchy as a guide to encourage preservation of prime
farmland soils:
(6)
The use avoids areas of potential environmental sensitivity,
including unique natural areas, Floodplains, historic sites, state-owned
lands, conservation easements, trails, parkland, prime soils, Owasco
Lake view shed, and wetlands as identified by the New York State Department
of Environmental Conservation or the United States Army Corps of Engineers.
(7)
The use avoids installation on areas with slopes of greater
than 15%.
(8)
The use avoids recreation areas and opens spaces designed for
use by members of the public for recreation, hiking, biking, sporting
events and similar activities, whether classified as pre-existing
nonconforming uses or specially permitted.
(9)
The proposal preserves and/or reinstates vegetation on the parcel(s)
and the parcel is otherwise challenging to develop, difficult to reclaim
and/or unsuitable for higher value development.
B.
Public hearing by the Town Council. The Town Council shall conduct
a public hearing on the proposed change of zoning. The public hearing
on the proposed Zoning Map amendment to the Solar Energy System Overly
District shall be given public notice as required for all Zoning Map
amendments. After the public hearing, the Zoning Map may be amended,
but such action shall only have the effect of granting permission
for preparing site plans for the development of the specific proposal
incorporating any conditions or modifications requested by the Town
Council. The Town Council may use its sole discretion to deny approval
of the Zoning Map amendment and any preliminary development plans.
C.
Special provision. The Town of Owasco Town Council may impose conditions
on its rezoning of any floating Solar Energy System Overlay District
to enhance and/or enforce the standards referred to in this section
or in order to discharge its obligations under the State Environmental
Quality Review Act (SEQRA). Such conditions may include, but are not
limited to, the submission of line-of-sight drawings, detailed elevation
maps, visual simulations, before and after renderings, and alternate
designs to more clearly identify adverse impacts for the purpose of
their mitigation.
Upon approval by the Town Council for amendment(s) to the Zoning
Map, an application for said approved use(s) via an overlay district
shall be submitted to the Planning Board for review and approval by
the Planning Board as to all site plans and a special use permit issuance.
A.
Site plan application. Application for any Tier 3 Solar Energy System requiring site plan approval shall include site plan submittal requirements listed in § 150-72 in addition to the following information:
(1)
Site plans. Site Plans shall be progressed to include details
of all relevant existing and proposed site features, including, but
not limited to:
(a)
Property boundaries and all adjacent landownership, zoning district
designation for the parcel(s) of land comprising the site, existing
topography and physical features including slopes analysis (greater
than 5%, 10%, 15%, 20%, and 25%).
(b)
Proposed changes to landscape features, grading, vegetation
clearing and planting, screening and buffering vegetation features
or structures.
(c)
Internal access roads and external access/truck transportation
routes to the project site.
(d)
Location and details of all proposed site elements (e.g., fencing,
signage, stormwater management practices, underground utilities, poles
and connection to the grid, etc.).
(e)
Profiles, sections and details as necessary for the Town of
Owasco Town Council to review aesthetic impact (materials, colors,
height, etc.).
(2)
A one- or three-line electrical diagram detailing the Tier 3
Solar Energy System layout, solar collector installation, associated
components, and electrical interconnection methods, with all National
Electrical Code compliant disconnects and over current devices.
(3)
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.
(4)
Name, address, and contact information of the owner and/or operator
of the Tier 3 Solar Energy System and proposed or potential system
installer. Such information regarding the final system installer shall
be submitted prior to the issuance of the building permit.
(5)
Name, address, phone number, and signature of the project applicant
and the property owners, demonstrating their consent to the application
and the use of the property for the Tier 3 Solar Energy System. Copy
of the Lease Agreement if applicable.
(6)
A completed Part 1 of the NYS SEQRA Full Environmental Assessment
Form.
(7)
Soils maps and Geotech investigations, if warranted and/or requested
by the Engineer.
(8)
Map showing Active and Prime Farmland, including USDA classifications
(e.g., Farmland of Statewide Importance, All Areas Are Prime Farmland
and Prime Farmland If Drained).
(9)
Visual impact assessment. Conduct a visual impact assessment
of the Tier 3 Solar Energy System facility in accordance with NYSDEC's
latest guidance for Assessing and Mitigating Visual and Aesthetic
Impacts. In conjunction with the preparation of a view shed analysis
map, the applicant should prepare the following:
(a)
Photo simulations that depict the proposed solar arrays in relation
to the project site from sensitive receptor locations in all directions,
including neighboring residential properties, roadways and viewsheds
which may be visually impacted by the project.
(b)
Photo simulations should display the view of current site conditions,
the view with the solar panels in place, and the view with vegetation
screening in place if the solar panels will be visible from sensitive
receptor locations.
(c)
Include line of sight profiles and elevation views for each
of the photo simulation locations.
(d)
Depending upon the scope and potential significance of the visual
impacts, additional supporting documentation may be requested at the
discretion of the Planning Board.
(10)
Other relevant supporting documentation and studies, including,
but not limited to, noise analysis (to the nearest property boundary),
and glare analysis (potential impacts to adjacent roadways and structures,
and airport routes within proximity to the site, if applicable).
(11)
Storm Water Pollution Prevention Plan (SWPPP) and Erosion and
Sediment Control Plan prepared to applicable New York State Department
of Environmental Conservation standards and guidance, and to such
standards as may be established by the Planning Board. Modeling of
peak flows and erosive forces is to be based on regional extreme weather
data.
(12)
Maintenance agreement. The Solar Energy Applicant shall submit
and agree to the ongoing implementation of an operation and maintenance
plan with information, including, but not limited to:
(a)
Project description and owner/operator contact information.
(b)
Map and/or description indicating the limits of the landscaping
maintenance area, including the proposed buffer area outside of the
fenceline to be maintained by the facility owner/operator.
(c)
Maintenance activity and frequency for vegetation, landscaping
and general property upkeep, such as mowing and trimming, establishment
and protection of all landscaping elements. Include a time frame for
the replacement of dead/diseased trees/shrubs.
(d)
Identify the specific storm water practices used on site, maintenance
activities/frequency, and identify common issues for each practice
(i.e., excessive vegetation, types of erosion, sediment accumulation,
etc.) and how these items will be rectified when encountered.
(e)
List the responsible party for undertaking each maintenance
activity and include contact details for responsible parties.
(f)
Where pervious access roadways are proposed, include ongoing
monitoring and description of correction actions to ensure the access
roadway remains pervious.
(g)
Inspection of landscaping at a minimum of once a year for the
first five years of operation by a registered landscape architect
or arborist, providing a written report of findings and correction
timeline to the Town and Planning Boards.
(h)
Include requirement for the Town to be notified within 30 days
of the change of control of the site (i.e., change to site owner and/or
operator).
(i)
The owner/operator will be required to enter into a legally
binding maintenance agreement for ongoing implementation of the operation
and maintenance plan while the solar energy system is operational.
(13)
Decommissioning plan in accordance with the requirements of
§ 150-9.30J(11)(c).
(14)
Prior to the issuance of the building permit or final approval
by the Planning Board, engineering documents must be signed and sealed
by a New York State (NYS) licensed professional engineer or NYS registered
architect.
B.
Standard for Planning Board review.
(1)
Lot size. The property on which the Tier 3 Solar Energy System
is placed shall be a minimum of 30 acres.
(2)
Setbacks. Tier 3 Solar Energy Systems may not be located within
200 feet of the edge of the front, side, or rear limits of the parcel
and must be setback 250 feet from any existing residential structure.
(3)
Height. Tier 3 Solar Energy Systems shall comply with the building
height limitations for principal structures of the underlying zoning
district, or 20 feet from the ground, whichever is less.
(4)
Lot coverage. The following components of a Tier 3 Solar Energy
System shall be considered included in the calculations for lot coverage
requirements:
(a)
Surface area of the panels and foundation systems, typically
consisting of but not limited to driven piles or monopoles or helical
screws with or without small concrete collars.
(b)
All mechanical equipment of the Tier 3 Solar Energy System,
including any pad-mounted structure for batteries, switchboard, transformers,
or storage cells.
(c)
Paved access roads servicing the Tier 3 Solar Energy System.
(d)
Lot coverage of the Tier 3 Solar Energy System, as defined above,
shall not exceed 40%.
(5)
Screening and visibility. Tier 3 Solar Energy Systems shall
have views minimized from adjacent properties to the extent reasonably
practicable using existing natural topography and vegetation, architectural
features, earth berms, landscaping, or other screening methods that
will harmonize with the character of the property and surrounding
area. Applicants seeking to install Tier 3 Solar Energy Systems shall
be required to:
(a)
Submit a screening and landscaping plan to show adequate measures
to screen through landscaping, grading, fencing 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
to the extent feasible.
[1]
The Planning Board shall exercise reasonable judgment
to review the proposed landscaping plan to ensure the creation of
a vegetated barrier that is sufficient to screen the project while
creating an attractive and natural look with appropriately spaced
native species.
[2]
Tree cutting. Removal of trees and other existing
vegetation should be minimized or offset with planting elsewhere on
the property. No more than 20% of existing tree stan-s - measured
by lot coverage of tree stan-s - should be removed.
[3]
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 habitat beneficial to game birds, songbirds,
pollinators and/or agrivoltaics. To the extent practicable, when establishing
perennial vegetation and beneficial foraging habitat, the owners shall
use native plant species and seed mixes.
(6)
Ownership changes. If the owner or operator of the Tier 3 Solar
Energy System changes or the owner of the property changes, the special
use permit shall remain in effect, provided that the successor owner
or operator assumes in writing all of the obligations of the special
use permit, site plan approval, and decommissioning plan. A new owner
or operator of the Tier 3 Solar Energy System shall notify the Code
Enforcement Officer of such change in ownership or operator within
30 days of the ownership change.
(7)
The applicant has six months from site plan approval to submit
application for a building permit.
A.
An application fee shall be submitted by the applicant to the Town
Council at the time of submittal, in accordance with the Town of Owasco
fee schedule then in effect.
B.
The Town of Owasco, at the expense of the applicant, may employ its
own consultant(s) to examine the application and related documentation
and make recommendations as to whether the criteria for the floating
Solar Energy System Overlay District have been met, including, but
not limited to, whether the applicant's conclusions regarding
visual analysis, access, environmental impact, and stormwater management
aspects are valid and supported by generally accepted and reliable
engineering and technical data and standards utilized in the Finger
Lakes Region of New York State.
C.
The applicant for either state or local siting approval shall deliver
to the Owasco Town Council, along with its application for a Tier
3 Solar Energy System if local approval is sought, and concurrent
with the filing of a New York State Executive Law § 94-c
Permit application, if applicable, an amount specified in the Town
of Owasco fee schedule, then in effect (the "initial deposit"). This
sum shall be held by the Town of Owasco in a non-interest-bearing
account, and these funds shall be available to the Town of Owasco
to pay consultants and attorneys engaged by the Town of Owasco to
assist in application review if a local permit is sought, and to pay
consultants and attorneys engaged by the Town of Owasco to assist
in review of a § 94-c permit application should awarded
intervenor funds be insufficient to fully participate in the § 94-c
Process or should intervenor funds be otherwise exhausted. Following
the grant or denial of the state or local application, the Town of
Owasco shall return to the applicant any excess remaining in escrow.
If the escrow account has been depleted prior to grant or denial of
the application, the applicant shall replenish the escrow in accordance
with the fee schedule, depositing such funds necessary for the Town
of Owasco to pay any outstanding fees to said consultants.
D.
The Owasco Town Council shall enter into an engineering escrow agreement with the applicant in which the applicant will agree to fund the escrow amount in accordance with § 150-9.29C to compensate the Town of Owasco for having its engineer inspect and advise the Owasco Town Council on the compliance of the construction with the approved drawings. The engineering escrow agreement must be approved by the Owasco Town Council and consulting Owasco Town Attorney and be signed by the Owasco Town Supervisor and by the applicant.
E.
Escrow funds may also be used at the discretion of the Town to pay
consultants and contractors engaged by the Town of Owasco to undertake
periodic construction inspections and/or corrective action required
to address deficiencies identified within the Town Designated Engineer's
construction inspection report, including deficiencies related to
erosion and sediment control and/or other corrections for sites that
are operating in violation of their site specific SWPPP, and which
are not corrected by the owner/operator within seven days of notification.
F.
After construction is complete, the owner/operator shall engage the services of a New York State licensed engineer to complete annual site inspections of the condition of the perimeter landscaping, site access road, and the overall condition of the site and vegetative cover. Following each annual site inspection, said engineer shall provide a written report to the Town of Owasco Zoning Enforcement Officer. Corrective action will be required by the owner/operator to address deficiencies as identified within the engineer's inspection report. The annual site inspections will be performed each year no later than July 1, with the corresponding inspection report delivered to the Town of Owasco no later than August 1 of the same year. If owner/operator fails to provide an annual inspection report, as required, the Town of Owasco may engage the services of the Town's designated engineer to provide services described above. If the Town's designated engineer is used for inspection report services, the operation and maintenance bond referenced in § 150-9.29G may be used to compensate the Town's designated engineer for associated labor and expenses. Any and all corrective actions recommended in the engineer's inspection report shall be completed no later than September 15 of the same year, unless an extension of time for the completion of same is granted by the Owasco Town Council, in its sole discretion. The operation and maintenance bond may also be used at the discretion of the Owasco Town Council to pay consultants and contractors engaged by the Town of Owasco to undertake corrective actions as required to address deficiencies identified within the annual site inspection which are not corrected by the owner/operator by the approved deadline for completing same.
G.
Operation and maintenance bond. Where solar facilities are to be
operated, maintained and inspected by and at the responsibility of
the applicant or developer, prior to issuance of the building permit,
these entities may be required to provide the Town of Owasco with
a bond, cash escrow, irrevocable letter of credit from an approved
financial institution, or other acceptable surety, to ensure there
are resources available to support and sustain the proper operation
and maintenance of all stormwater management, site civil elements
and landscaping until the facilities are removed from operation. If
there is failure to properly inspect, operate and maintain said facility,
the Town of Owasco may draw upon the account to cover costs of proper
inspection, operation and maintenance, including legal, engineering
and contractor costs. The bond amount shall be based on the estimated
cost of annual inspections and typical maintenance actions over a
five-year period, subject to third-party review at the developer's
expense, if requested by the Town Council.
H.
Host agreement. An agreement between an applicant for a Tier 3 solar
energy system and the Town of Owasco shall identify the gap in payments
and/or special costs to the Town of hosting a Tier 3 solar energy
system and provide a means by which the applicant will provide for
such periodic payments. The host agreement shall be in place before
a building permit will be issued. Nothing contained in this law shall
be read as limiting the ability of the Owasco Town Council to enter
into a host agreement and/or a Payment in Lieu of Taxes ("PILOT")
agreement with any applicant to compensate the Town for expenses and/or
impacts on the community.
I.
Payments in lieu of taxes (PILOT). The Planning Board shall not issue
a special use permit or approve a site plan for a Tier 3 solar energy
system unless and until the Town has made an agreement with the applicant/owner
on a PILOT, unless the Owasco Town Council agreed that the PILOT is
not necessary or beneficial.
A.
Environmentally sensitive areas. Wetlands, streams and other environmentally
sensitive areas are to be clearly indicated on the plans including
a note on the plans that they will be demarcated with orange construction
fencing prior to site disturbance.
B.
Prime farmland. Removal of any Prime Farmland soil(s) from the subject
site is prohibited. Proposed Tier 3 Solar Energy Systems shall minimize
the displacement of prime soils that are in active agricultural use
and/or production. The site plan shall depict the location and extent
of prime soils, prime soils if drained, soils of statewide importance,
and indicate whether the parcel(s) is/are receiving an agricultural
valuation. The site plan shall also depict the location and extent
of current agricultural uses on the land (e.g., rotational crops,
hay land, un/improved pasture, support lands, and fallow lands), the
location of diversions and ditches, and areas where tile drainage
has been installed. It shall also depict the location(s) of adjacent
prime soils and active agricultural uses.
C.
Utility lines and poles. All on-site utility and transmission lines
shall, to the extent feasible, be placed underground unless otherwise
approved due to site constraints and/or owner preference. The installation
of new or modification of existing aboveground utility poles should
be minimized to the extent feasible.
D.
Appearance and buffering.
(1)
The Tier 3 Solar Energy System shall have the least visual effect
on the environment as is practical and as is determined by the Planning
Board. Based on site-specific conditions, including topography, adjacent
structures, and roadways, reasonable efforts shall be made to minimize
visual impacts by preserving natural vegetation, and providing landscape
screening to abutting residential properties and roads. For projects
located within the Owasco Lake viewshed (i.e., visible from the lake),
the view from the lake shall be selected as one of the vantage points
for the visual impact assessment. Additionally, the Town may request
that the visual impact assessment include any parcel as a vantage
point where the existing view of the lake may be negatively impacted
by the proposed facility, to demonstrate that there is no adverse
impact to the Owasco Lake viewshed due to the solar installation.
(2)
Any exterior lighting is prohibited unless required for safety/emergency
lighting, in which case exterior lighting shall be limited to staff-activated
emergency lighting. Such exterior lighting shall not project off the
site and should only be activated when the area within the fenced
perimeters has been entered. Any exterior lighting shall have the
least visual effect practical on the contiguous properties and shall
be approved by the Planning Board.
(3)
Equipment and vehicles not used in direct support, renovations,
additions or repair of any Tier 3 Solar Energy System shall not be
stored or parked on the facility site.
(4)
Tier 3 Solar Energy Systems shall be enclosed by fencing approved
by the Town of Owasco Town Council to prevent unauthorized access.
The fencing shall:
(a)
Be decorative and/or supplemented with landscaping to avoid
adverse aesthetic impacts as approved by the Town of Owasco Town Council.
(b)
Be a minimum seven feet high self-locking and approved by the
Town of Owasco Planning Board.
(c)
Be wildlife friendly with minimum six-inch clearance that allows
the passage of small mammals and reptiles and is designed to minimize
wildlife injury and death due to entanglement, unless deemed unnecessary
by the Town of Owasco Planning Board for sites with limited surrounding
wildlife habitat.
(5)
Tier 3 Solar Energy Systems shall be designed, erected, and
installed in a manner so as to prevent undue glare to adjoining properties
or creating traffic/aircraft safety issues. All solar panels used
in Tier 3 Solar Energy Systems shall have antireflective coating(s).
(6)
Access.
(a)
A locked gate at the intersection of the driveway and a public
or private road may be required to obstruct entry by unauthorized
vehicles. Such gate must be located entirely upon the lot and not
on the public or private right-of-way.
(b)
Roadways within the site shall be the minimum feasible width
allowing for safe/emergency access and shall be built along field
edges and along elevation contours where practical, constructed at
grade, and have a maximum width of 20 feet unless the solar energy
applicant can demonstrate through engineering studies and to the satisfaction
of the Town of Owasco that internal roadway requires increased width
for safety and/or access requirements. Roadway construction shall
limit the use of impervious materials and shall be designed to minimize
the extent of roadways constructed and soil compaction.
(7)
Signage.
(a)
No signage or graphic content may be displayed on the Tier 3
Solar Energy System except the manufacturer's badge, safety information
and equipment specification information. Said information shall be
depicted within an area no more than eight square feet.
(b)
Disconnect and other emergency shutoff information will be clearly
displayed on a light reflective surface.
(c)
A clearly visible warning sign concerning voltage must be placed
at the base of all pad- mounted transformers and substations not to
exceed six square feet.
(d)
Warning signs with the applicants/owners/operators name and
twenty-four-hour emergency contact information shall be placed on
all access points/gates to the site and on the perimeter of the fencing
therein.
(e)
Tier 3 Solar Energy Systems and related equipment shall be marked
in order to provide emergency responders with appropriate warning
and guidance with respect to isolating the solar electric system.
Materials used for marking shall be weather resistant. The applicant
shall submit details of signage along with site plans to the applicable
local/county fire services and emergency response services for review.
(8)
Safety.
(a)
The applicant/owner/operator shall provide a copy of the site
plan application to the local/county fire department and emergency
services and provide evidence that the site plans in relation to emergency
access and response have been reviewed and approved by the appropriate
agencies. Additionally, the applicant/owner/operator shall provide
evidence that the local and county fire and emergency services organizations
have been offered relevant site/system specific safety training at
the applicant/owner/operator's expense. Representatives from
local and county fire and emergency services organizations shall be
invited to a pre-construction meeting, along with the Town Code Enforcement
Officer and Town Designated Engineer, if requested.
(b)
All means of shutting down the photovoltaic Tier 3 Solar Energy
System shall be clearly marked on the site plan and building permit
applications.
(9)
Battery storage system.
(a)
All mechanical equipment, including any structure for batteries or storage cells, shall be enclosed by a minimum six-foot-high fence with a self-locking gate. All other relevant design standards within Article IIB that are applicable to the battery and storage system (e.g., screening, safety, set-back, signage, etc.) are to be met as part of site plan approval for the battery and storage system, whether co-located or within a separate project parcel, at the discretion of the Town Council and their designated engineer.
(b)
If solar storage batteries are included as part of the solar
energy collection system, they must be placed in a secure container
or enclosure meeting the requirements of the New York State Building
Code. All solar storage batteries, their maintenance, placement, and
location shall also comply with all applicable rules and regulations
as promulgated by New York State Building Code and the National Electrical
Code.
(c)
When batteries are no longer in use, they shall be disposed
of in accordance with the laws of the State of New York and any applicable
federal or Local disposal rules or regulations. Projects that include
battery storage must include this element within the Operations and
Maintenance Plan and Decommissioning Plan.
(10)
Abandonment and removal.
(a)
A Tier 3 Solar Energy System shall be deemed to be abandoned
after it has ceased operating for a continuous one-year period.
(b)
Upon cessation of operations of a Tier 3 Solar Energy System
for a period of one year, the Town may notify the owner and/or operator
of the facility to implement the Decommissioning Plan. Within 180
days of notice being served, the owner and/or operator can either
restore operation equal to 80% of approved capacity or commence implementation
of the Decommissioning Plan. At its discretion, and at any time, the
Town is entitled to request operational data from the owner/operator.
(c)
In the event that construction of the Tier 3 Solar Energy System
has been started but is not completed and functioning within 18 months
of the issuance of the building permit, the Town may notify the operator
and/or the owner to complete construction and installation of the
facility within 365 days. If the owner and/or operator fails to perform,
the Town may require the owner and/or operator to implement the Decommissioning
Plan.
(d)
Applications for extensions of the time periods set forth in
this subsection of no greater than 90 days shall be reviewed by the
Town Council, with the Town Council having sole and unfettered discretion
over any extension requests.
(e)
Upon recommendation of the Building Inspector/Code Enforcement
Officer, the Owasco Town Council may waive or defer the requirement
that a Tier 3 Solar Energy System be removed if it determines that
retention of such facility is in the best interest of the Town.
(f)
If the owner and/or operator fails to fully implement the Decommissioning
Plan within the prescribed time period and restore the site as required,
the Town may use the financial surety posted by the owner and/or operator
to decommission the site, or it may proceed with decommissioning at
its own expense and recover all expenses incurred for such activities
from the defaulted owner and/or operator.
(g)
Any costs incurred by the Town shall be assessed against the
property, shall become a lien and tax upon said property, shall be
added to and become a part of the taxes to be levied and assessed
thereon, and enforced and collected with interest by the same officer
and in the same manner as other taxes.
(11)
Decommissioning.
(a)
At the time of submittal of the application for a special use permit for a Tier 3 Solar Energy System, the solar energy applicant shall submit and agree to the performance of a Decommissioning Plan and Indemnification Agreement approved by the Town Council, and subject to third-party review at the developer's expense, if requested by the Town Council. If the Tier 3 Solar Energy System becomes abandoned as defined in § 150-9.30D(10), the Town of Owasco may require its removal in accordance with the Decommissioning Plan. The Town Building Inspector/Code Enforcement Officer shall provide the Tier 3 Solar Energy System owner/operator written notice of a request for decommissioning. Upon removal of a Tier 3 Solar Energy System, the land shall be restored to its previous condition, including, but not limited to, the seeding, soddening, replanting, roadway restoration and drainage patterns.
(b)
Prior to issuance of a building permit for a Tier 3 Solar Energy
System, the owner or operator of the Tier 3 Solar Energy System shall
post a surety in an amount and form acceptable to the Town for the
purposes of removal in the event the Tier 3 Solar Energy System is
abandoned. The amount of the surety required under this section shall
be 125% of the projected cost of removal of the Tier 3 Solar Energy
System and restoration of the property with a minimum escalator of
2% annually for the life of the Tier 3 Solar Energy System. Acceptable
forms shall include, in order of preference; cash; irrevocable letter
of credit; or a bond that cannot expire; or a combination thereof.
Such surety will be used to guarantee removal of the Tier 3 Solar
Energy System should the system be abandoned. The surety amount may
be reviewed and adjusted, as necessary, by the Town at five-year intervals.
In such case as the Town of Owasco has provided written notice to
remove the Tier 3 Solar Energy System, the owner/operator shall have
one year from written notice to remove the Tier 3 Solar Energy System
including any associated accessory structures and/or equipment and
restore the site to its previous condition as defined in the approved
Decommissioning Plan. If the owner/operator fails to remove any associated
structures or restore the site to the condition approved by the Town
of Owasco, all costs of the Town of Owasco incurred to enforce or
comply with this condition shall be paid using the surety provided
by the applicant.
(c)
Decommissioning Plan. An application for a Tier 3 Solar Energy
System shall include a Decommissioning Plan. Removal of a Tier 3 Solar
Energy System must be completed in accordance with the Decommissioning
Plan. The Decommissioning Plan shall:
[1]
Specify that after the Tier 3 Solar Energy System
will no longer be used, it shall be removed by the owner and/or operator
or any subsequent owner/operator and shall include a signed statement
from the applicant acknowledging such responsibility. The application
shall disclose the lease start date, length of the original lease,
and number of options and time frames if the lease is renewed.
[2]
Demonstrate how the removal of all infrastructures
(including but not limited to aboveground and below-ground equipment,
structures and foundations) and the remediation of soil and vegetation
shall be conducted to return the parcel to its original state prior
to construction.
[3]
Specify the removal of the Tier 3 Solar Energy
System and all associated equipment, driveways, structures, buildings,
equipment sheds, lighting, utilities, fencing, and gates up to four
feet below the ground surface. Additionally, specify the decompaction
of soils to a depth of 24 inches, along with regrading, reseeding
and replanting as needed to restore the site to its original condition
prior to project construction. Re-vegetation shall include native
plants and seed mixes and exclude any invasive species.
[4]
Include photographs or archival color images of
the proposed site plan area for Tier 3 Solar Energy System. Such information
must, in aggregate, adequately portray the entire property for the
purpose of future reference when soil and vegetation remediation of
the property occurs.
[5]
State that disposal of all solid and hazardous
waste shall be in accordance with local, state and federal waste disposal
regulations.
[6]
Provide an expected timeline for decommissioning
within a 365-day period.
[7]
Provide a site specific cost estimate detailing
the projected cost of executing the Decommissioning Plan, subject
to third-party review at the developer's expense, if requested
by the Town Council.
[8]
Specify that within 30 days of changing ownership,
written notice shall be provided to the Town with the name of the
new owner and contact information.
A.
In order to verify that the Tier 3 Solar Energy System's applicant(s)/owners
and any and all lessees, renters and/or operators of the Tier 3 Solar
Energy System place, construct, modify and maintain such systems,
including solar collectors and solar inverters, in accordance with
all applicable technical, safety, fire, building and zoning codes,
laws, ordinances and regulations and other applicable requirements,
the Town of Owasco may inspect all facets of said system's placement,
construction, modification and maintenance.
B.
Any inspections required by the Town of Owasco Building and Codes
Department that are beyond its scope or ability shall be at the expense
of the solar energy applicant/owner/operator.
A.
The Town Council shall appoint such Town staff or outside consultants
as it sees fit to enforce this article, and each such person shall
be deemed an Enforcement Officer under this article.
B.
All provisions of New York State law generally applicable to misdemeanors
shall apply to any criminal proceeding brought under this article,
and for such purposes the violation of this article is hereby declared
an unclassified misdemeanor. The Town's justice court is hereby
vested with jurisdiction to issue administrative and other warrants
in compliance with the New York Criminal Procedure Law and Administrative
Codes of the State of New York, as well as to hear and adjudicate
allegations relating to the criminal or civil violation of this article
and thereafter, if appropriate, impose any fine, penalty, or sanction.
If any clause, sentence, paragraph, or section of this article
shall be adjudged by any court of competent juridiction to be invalid,
such judgment shall not affect, impair, or invalidate the remainder
thereof, but shall be confined in its operation to the clause, sentence,
paragraph, section, or article thereof directly involved in the controversy
in which such judgment shall have been rendered.
All resolutions, ordinances, and local laws, or parts thereof
in conflict herewith, or which in any manner, in the absence of this
article, would address or apply to the approval, construction, operation,
or decommissioning of Solar Energy Systems or Facilities are superseded
by this article. This article shall take effect immediately upon filing
with the Secretary of State.
