In addition to the procedures and requirements of site plan review as detailed in Article
VIII, utility scale solar energy systems are subject to the following provisions:
A. Rooftop and building-mounted solar collectors. Building permits shall
be required for installation of rooftop and building-mounted solar
collectors.
B. Ground-mounted and freestanding solar collectors. Ground-mounted
and freestanding solar collectors are subject to the following requirements:
(1) Design standards.
(a)
Setback. The minimum setback from all property lines shall be
of 85 feet.
(b)
Height. The maximum height for freestanding solar panels located
on the ground or attached to a framework located on the ground shall
not exceed 15 feet in height above the ground.
(c)
Screening. Based on site-specific conditions, including topography
adjacent structures, and roadways, reasonable efforts shall be made
to minimize visual impacts by preserving and/or enhancing natural
vegetation, and providing landscape screening to abutting properties
and roads, but should not result in shading solar power facilities.
(d)
Glare. Solar collectors and other facilities shall be designed
and located in order to prevent reflective glare toward any inhabited
buildings and adjacent properties and roads.
(e)
Fencing. All mechanical equipment, including any structure for
batteries or storage cells, shall be enclosed by a fence, with a minimum
height of six feet and a maximum height of eight feet, with a self-locking
gate. Barbed wire shall not be utilized. On the exterior of the fenced
enclosure, landscape screening shall be provided. For emergency purposes,
an access key shall be provided to the district fire department.
(f)
Signage. A sign not to exceed eight square feet shall be displayed
on or near the main access point and shall list the facility name,
owner, and twenty-four-hour emergency contact phone number.
(g)
New York State Department of Agriculture and Markets (NYSDAM)
Guidelines for Solar Energy Projects - Construction Mitigation for
Agricultural Lands. For all utility-scale ground-mounted solar projects
proposed on agricultural land in the Town of Cato, the developer or
project company shall adhere to and incorporate at a minimum the standards
and requirements in NYSDAM's guidelines for mitigating construction
impacts on agricultural land during the following stages of a solar
energy project: construction, post-construction restoration, monitoring
and remediation, and decommissioning. These guidelines apply to project
areas subject to ground disturbance within agricultural lands. In
areas of particularly sensitive or highly productive soils the Planning
Board may impose construction requirements which are stricter than
those in the NYSDAM guidelines. A copy of NYSDAM's guidelines,
dated October 18, 2019, or as revised can be found online and is also
on file with the Planning Board and Code Enforcement Officer.
(2) In addition to the procedures and requirements of site plan review as detailed in Article
VIII, the following information is required to be submitted as part of the site plan application:
(a)
Utility notification. Submission of documentation from the utility
company that operates the electrical grid where the installation is
to be located acknowledging the solar power facility will be connected
to the grid. Off-grid facilities shall be exempt from this requirement.
(b)
Safety. The owner/operator shall provide evidence that a copy
of the site plan application has been submitted to the appropriate
Fire Chief.
(c)
Decommissioning plan.
[1]
Nonfunctional solar energy systems shall be removed at the owner and/or operators' expense, which may come from any security made with the Town as set forth in Subsection
B(2)(c)[4][b] herein.
[2]
A decommissioning plan signed by the owner and/or operator of
the solar energy system shall be submitted by the applicant, addressing
the following:
[a] The anticipated life of the utility scale solar
energy system.
[b] The estimated decommissioning costs in current
dollars, determined by a professional engineer licensed in New York
State. The engineer selected shall be mutually agreed upon by both
the Town and the solar energy system operator, and the cost of the
engineer's services shall be billed to the solar energy systems
operator.
[c] How the estimate was determined.
[d] Provision for a re-estimate of such decommissioning
costs every five years by a professional engineer licensed in New
York State. The engineer selected shall be mutually agreed upon by
both the Town and the solar energy system operator, and the cost of
the engineer's services shall be billed to the solar energy system
operator.
[e] The manner in which the solar energy system will
be decommissioned and the site restored, including, but not limited
to:
[i]
The removal of aboveground and below-ground equipment, structures,
and foundations.
[ii]
The restoration of the surface grade and soil after removal
of equipment to its original state before installation including topsoil
quality.
[iii] The re-vegetation of restored soil areas with
native seed mixes, excluding any invasive species.
[iv]
A time frame for the completion of site restoration work.
[v]
For all utility-scale ground-mounted solar projects proposed
on agricultural land in the Town of Cato, the developer or project
company shall adhere to and incorporate at a minimum the standards
and requirements in NYSDAM's guidelines for post-construction
restoration requirements, monitoring and remediation, and decommissioning.
[3]
Bond.
[a] A decommissioning bond payable to the Town of Cato in an amount to be determined by the engineer, as set forth in Subsection
B(2)(c)[3] herein, for removal of nonfunctional utility scale solar energy system and restoration of the solar energy facility site shall be maintained by the applicant.
[b] The bond, letter of credit, or other equivalent
form of security must be confirmed to be sufficient to cover decommissioning
and site restoration costs every five years.
[c] If ownership of a utility scale solar energy system
changes, the new owner must present full contact information and proof
to the Code Enforcement Officer that all required bonds and insurance
policies remain in full force 30 calendar days prior to the transfer
of ownership.
[4]
Permit time frame and abandonment.
[a] In the event the solar power facility is not completed
and functioning within 18 months of the issuance of the initial building
permit, the Town may notify the operator and/or owner to complete
construction and installation of the facility within 180 calendar
days of the date of notification. If the owner and/or operator fails
to perform, the Town may notify the owner and/or operator to implement
the decommissioning plan.
[b] Upon cessation of electricity generation of a solar
energy system on a continuous basis for 12 months, the Town may notify
and instruct the owner and/or operator of the solar energy system
to implement the decommissioning plan. The decommissioning plan must
be completed within 180 days of notification.
[c] If the owner and/or operator fails to comply with
decommissioning upon any abandonment, the Town may, at its discretion,
utilize the bond and/or security for the removal of the solar energy
system and restoration of the site in accordance with the decommissioning
plan.