This chapter is adopted pursuant to New York Town Law §§ 261 through 263, New York State Municipal Home Rule Law § 10, Subdivision 1(ii)(a)(12), the New York State Town Law, and Article IX, §§ 1(a) and 2(c), of the New York State Constitution, which authorize the Town of Frankfort to adopt local laws that advance and protect the health, safety and welfare of the community.
[HISTORY: Adopted by the Town Board of the Town of Frankfort 10-23-2025 by L.L. No. 5-2025.[1] Amendments noted where applicable.]
Attachment 1 - Appendix 1 Parcel Line Setbacks
Attachment 2 - Appendix 2 Example Decommissioning Plan
Attachment 2 - Appendix 2 Example Decommissioning Plan[1]
Editor's Note: This local law also repealed former Ch. 72, Solar Energy Systems, adopted 4-14-2021 by L.L. No. 1-2021.
A.
This chapter is adopted to advance and protect the public health, safety, and welfare of the Town of Frankfort by creating regulations for the installation and use of solar energy generating systems and equipment, with the following objectives:
(1)
To mitigate the impacts of solar energy systems and battery energy storage systems on environmental resources such as important agricultural lands, forests, wildlife and other protected resources; and
(2)
To provide standards for the safe provision of solar energy systems and battery energy storage systems and in order to protect the natural and aesthetic character of the Town of Frankfort, with special attention to open space, vistas, farmland, and neighboring property owners, in accordance with the Town of Frankfort Master Plan.
As used in this chapter, the following terms shall have the meanings indicated:
One or more devices, such as a battery, often being lithium-ion batteries, or series of batteries or battery cells, assembled together, capable of storing energy to supply electrical energy at a future time, not to include a stand-alone twelve-volt vehicle battery or batteries, or an electric motor vehicle or an electric motor vehicle's charging station. A battery energy storage system is typically classified as a Tier 1 or Tier 2 battery energy storage system as follows:
A combination of solar panels and solar energy equipment integrated into any building envelope system, such as vertical facades, semitransparent skylight systems, roofing materials, or shading over windows, which produces electricity for on-site consumption.
Land designated as "farmland of statewide importance" in the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS)'s Soil Survey Geographic (SSURGO) Database on Web Soil Survey that is of statewide importance for the production of food, feed, fiber, forage, and oilseed crops as determined by the appropriate state agency or agencies. Farmland of statewide importance may include tracts of land that have been designated for agriculture by state law.
The effect by reflections of light with intensity sufficient to cause annoyance, discomfort, or loss in visual performance and visibility in any material respects as determined in a commercially reasonable manner.
A solar energy system that is anchored to the ground via a pole or other mounting system, detached from any other structure, which generates electricity for on-site or off-site consumption.
An area covering 3/4 square mile in which three or more occupied residences are located.
Soils recognized by the New York State (NYS) Department of Agriculture and Markets as having the highest value based on soil productivity and capability, in accordance with the uniform statewide land classification system developed for the NYS Agricultural Assessment Program.
Native wildflowers, forbs, and grasses that serve as habitat, forage, and migratory waystations for pollinators, and shall not include any prohibited or regulated invasive species as determined by the New York State Department of Environmental Conservation.
Bees, birds, bats, and other insects or wildlife that pollinate flowering plants, and includes both wild and managed insects.
Land designated as "prime farmland" in the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS)'s Soil Survey Geographic (SSURGO) Database on Web Soil Survey, that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber, and oilseed crops and is also available for these land uses.
An entity which operates as a monopoly and whose rates charged to customers are established by a utility commission. A "public utility facility" is a facility which is operated by a public utility and which provides electric, gas, steam, cable television, telephone or other communication service, water or sewerage directly to the general public. A solar energy system or solar energy facility that does not sell electricity directly to end users shall not be considered a public utility that provides an essential service to end users.
An existing or abandoned commercial or industrial use property, including, without limitation, brownfields, landfills, dormant electric generating or other previously disturbed location, which, if applicable, has been remediated to permit the siting of a solar energy system.
A solar energy system located on the roof of any legally permitted building or structure that produces electricity for on-site or off-site consumption.
Space open to the sun and clear of overhangs or shade so as to permit the use of active and/or passive solar energy systems on individual properties.
Electrical material, hardware, inverters, conduit, storage devices, or other electrical and photovoltaic equipment associated with the production of electricity.
The components and subsystems required to convert solar energy into electric energy suitable for use. The term includes, but is not limited to, solar panels and solar energy equipment. The area of a solar energy system includes all the land inside the perimeter of the solar energy system, which extends to any interconnection equipment. A solar energy system is classified as a Tier 1, Tier 2, or Tier 3 solar energy system as follows:
Tier 2 solar energy systems include ground-mounted solar energy systems with system capacity up to 5 MW and that generate no more than 110% of the electricity consumed on the site over the previous 12 months.
Tier 3 solar energy systems are systems that are not included in the list for Tier 1 and Tier 2 solar energy systems.
A district which encompasses part or parts of one or more underlying districts, sits atop the underlying zoning district, and which establishes requirements for Tier 3 solar energy systems.
A photovoltaic device capable of collecting and converting solar energy into electricity.
A.
The requirements of this chapter shall apply to all solar energy systems and battery energy storage systems permitted, installed, or modified in the Town of Frankfort after the effective date of this chapter, excluding general maintenance and repair.
B.
Solar energy systems and battery energy storage systems constructed or installed prior to the effective date of this chapter shall not be required to meet the requirements of this chapter.
C.
Modifications to an existing solar energy system that increase the solar energy system area by more than 5% of the original area of the solar energy system (exclusive of moving any fencing) shall be subject to this chapter.
D.
All solar energy systems and battery energy storage systems shall be designed, erected, and installed in accordance with all applicable codes, regulations, and industry standards as referenced in the NYS Uniform Fire Prevention and Building Code ("Building Code"), the NYS Energy Conservation Code ("Energy Code"), and the Town of Frankfort Code.
E.
Any proposed Tier 3 solar energy system and/or battery energy storage system subject to review by the New York State Board on Electric Generation Siting and the Environment pursuant to Article 10 of the New York State Public Service Law or subject to review by the New York State Office of Renewable Energy Siting shall be subject to all substantive provisions of this chapter.
A.
A building permit shall be required for installation of all solar energy systems and battery energy storage systems. The initial building permit fee shall be $50 per megawatt (MW) alternating current (AC) for Tier 1 solar energy systems, $250 per MW AC for Tier 2 solar energy systems, $70,000 per MW AC for Tier 3 solar energy systems, all based on the maximum nameplate capacity. The initial building permit fee for any battery energy storage system shall be $70,000 per BESS enclosure. The building permit fee may be changed by resolution of the Town Board.
B.
The creation of a Solar Energy Systems Overlay District by the Town Board and/or issuance of special permits and site plan approvals by the Planning Board shall include review pursuant to the State Environmental Quality Review Act codified at Environmental Conservation Law Article 8 and its implementing regulations at six NYCRR Part 617 ("SEQRA").
C.
The Town Board may retain consultants, lawyers, and/or other experts necessary to assist the Town in reviewing and evaluating any application for a Solar Energy Systems Overlay District by the Town Board and/or issuance of special permits and site plan approvals by the Zoning Board of Appeals, for any Tier 2 or Tier 3 solar energy system. The applicant for a Tier 2 or Tier 3 solar energy system shall be responsible for reimbursing the Town for the cost of any legal services or engineering and environmental impact review, and professional services fees incurred in monitoring construction of the facility (collectively the "professional services fees"). Applications for Tier 2 solar energy systems shall be accompanied by a payment of $25,000 to the Town, and applications for Tier 3 Solar Energy Systems shall be accompanied by a payment of $75,000 to the Town unless a permit fee is paid in accordance with paragraph A of this section, to be held in an escrow controlled by the Town (the "professional services escrow"), for the purposes of paying any professional services fees incurred for review of the application, or construction and compliance monitoring. Whenever the amount of funds in the professional services escrow falls below $10,000, the applicant shall contribute an additional $10,000 to the escrow. Any funds remaining in the professional services escrow upon commencement of operation of a Tier 2 or Tier 3 solar energy facility shall be retained by the Town.
All Tier 1 solar energy systems shall be permitted in all zoning districts and shall be exempt from plot plan review under the Town of Frankfort Code and other local land use regulations when attached to any lawfully permitted building or structure, subject to the following conditions for each type of solar energy system:
A.
Roof-mounted solar energy systems.
(1)
Roof-mounted solar energy systems shall incorporate, when feasible, the following design requirements:
(a)
Solar panels on pitched roofs shall be mounted with a maximum distance of eight inches between the roof surface the highest edge of the system.
(b)
Solar panels on pitched roofs shall be installed parallel to the roof surface on which they are mounted or attached.
(c)
Solar panels on pitched roofs shall not extend higher than the highest point of the roof surface on which they are mounted or attached.
(d)
Solar panels on flat roofs shall not extend above the top of the surrounding parapet, or more than 24 inches above the flat surface of the roof, whichever is higher.
(2)
Glare. All solar panels shall have anti-reflective coating(s).
B.
Building-integrated solar energy systems shall be shown on the plans submitted for the building permit application for the building containing the system.
All Tier 2 solar energy systems with nameplate capacity not to exceed 25 KW shall be permitted in all zoning districts as accessory structures and shall be exempt from plot plan review under the Town of Frankfort Code and other local land use regulations, and shall be exempt from site plan review, subject to the following conditions:
A.
Glare. All solar panels shall have anti-reflective coating(s).
B.
Setbacks. Tier 2 solar energy systems shall be subject to the setback regulations specified for the accessory structures within the underlying zoning district. All ground-mounted solar energy systems in residential districts shall only be installed in the side or rear yards.
C.
Height. Tier 2 solar energy systems shall comply with the height limitations in the underlying zoning district.
D.
Screening and visibility.
(1)
All Tier 2 solar energy systems shall have views minimized from adjacent properties to the extent reasonably practicable.
(2)
Solar energy equipment shall be located in a manner to reasonably avoid and/or minimize blockage of views from surrounding properties and shading of property to the north, while still providing adequate solar access. A landscape buffer shall be provided around the Tier 2 solar energy system to provide screening from adjacent properties.
E.
Lot size. Tier 2 solar energy systems shall comply with the existing lot size requirement specified for accessory structures within the underlying zoning district.
F.
Tier 2 solar energy systems that have been abandoned and/or not producing electricity for a period of 12 consecutive months shall be removed by the property owner at the property owner's expense.
G.
All Tier 2 solar energy systems with nameplate capacity greater than 25 KW shall be subject to the same permitting requirements as a Tier 3 solar energy system, including site plan review.
A.
Tier 3 solar energy systems in the M-1 Manufacturing District and those proposed to be sited on a repurposed site in any district, provided that no Tier 3 solar energy system is permitted within 1,000 feet of a housing cluster in a Residential/Residence-Agriculture District, as measured from the closest occupied residence within the housing cluster, are permitted as principal or accessory uses through:
B.
Tier 3 solar energy systems proposed to be located anywhere in the Town of Frankfort other than the areas set forth in Subsection A of this section are prohibited in all zoning districts except the special Solar Energy System Overlay District, and may be permitted only through:
(1)
The creation of a Solar Energy Systems Overlay District by the Town Board;
(2)
The issuance of a special permit by the Zoning Board of Appeals;
(3)
Site plan approval issued by the Planning Board; and
(4)
Satisfaction of the requirements set forth in this chapter and all other applicable laws, including but not limited to SEQRA.
C.
All Tier 3 solar energy systems in the Town of Frankfort shall meet the permitting standards and requirements set forth in this chapter. In no event shall a Tier 3 solar energy system be considered a public utility or a "public utility facility" as defined herein.
D.
Solar Energy Systems Overlay District requirements.
(1)
Initial requests for Solar Energy Systems Overlay Districts shall be submitted with applications for special permits for Tier 3 solar energy systems.
(2)
Once a Solar Energy Systems Overlay District has been created, new Tier 3 solar energy systems or accessory structures or facilities may be added in that district by grant of a special permit pursuant to the requirements of this section.
(3)
Any principal or accessory use permitted in the underlying zoning district shall also be permitted in the Solar Energy Systems Overlay District.
(4)
In the event the requirement for a Solar Energy Systems Overlay District is deemed preempted, or deemed not to apply, by the New York State Office of Renewable Energy Siting or any other state agency with jurisdiction over the siting of large scale solar energy facilities, the substantive requirements applicable to creation of a Solar Energy Systems Overlay District shall be considered substantive requirements applicable to Tier 3 solar energy systems.
E.
Creation of Solar Energy Systems Overlay District. The Town Board has determined that the protection of residential properties, agricultural land, and the rural character of the Town are all of primary importance. As a result, and to limit the cumulative impact of installed Tier 3 solar energy systems, the Town has determined that the purpose of the Solar Energy Systems Overlay District is to accommodate Tier 3 solar energy systems in appropriate locations within the Town. No Solar Energy Systems Overlay District is permitted within 2,000 feet of a housing cluster in a Residential/Residence-Agriculture District, as measured from the closest occupied residence within the housing cluster. The process required to create a Solar Energy Systems Overlay District shall be as follows:
(1)
Rezoning application. Any application for the creation of a Solar Energy Systems Overlay District shall be submitted to the Town Board and contain the following information:
(a)
A site development plan, drawn to scale, prepared by a licensed engineer or architect, which graphically depicts proposed improvements to the property, including: topographical features, system footprints, travelways, access locations, drainage facilities, lighting, landscaping, buffering, fencing and signs. Said site development plan shall also depict existing improvements and contain all information required by this § 72-8E of this chapter.
(b)
A completed full environmental assessment form, and if required, a draft environmental impact statement.
(c)
Proof of ownership of the property proposed for rezoning.
(d)
A description of the property, including a metes and bounds description of the parcel.
(2)
Referral to the Planning Board. The Town Board shall refer the rezoning application to the Planning Board for review, which shall review the site development plan and refer its recommendations to the Town Board. The Planning Board may recommend approval, disapproval, or conditional approval subject to modification(s) being made to the special permit application. The Planning Board shall report its recommendations(s) to the Town Board within 60 days of the referral by the Town Board. In reviewing the application and making its recommendations, the Planning Board shall consider the following factors:
(a)
Whether the proposal meets the Town zoning and planning goals for the area in question;
(b)
The need for the proposed use in the proposed location;
(c)
The existing character of the neighborhood in which the use would be located;
(d)
The safeguards provided to minimize possible detrimental effects of the proposed use on adjacent property;
(e)
Whether the proposal meets the intent and objectives of this chapter; and
(f)
Whether the proposal is conceptually sound and conforms to accepted design principals.
(4)
Public hearing. The Town Board shall conduct a public hearing on the Solar Energy Systems Overlay District application and site development plan after proper notice is given as required by the New York Town Law.
(5)
Subject to the requirements of SEQRA, the Town Board shall consider the recommendations of the Planning Board and render its decision by written resolution on the rezoning application, also taking into account the following additional factors:
(a)
Location, arrangement, and appearance of the solar energy system;
(b)
Adequacy, type and arrangement of the screening/landscaping constituting a visual buffer between adjacent uses and adjoining lands;
(c)
Location and adequacy of open space;
(d)
Projection of adjacent properties against glare, unsightliness, or other objectionable features; and
(e)
Compliance with SEQRA.
(6)
Zoning for Solar Energy Systems Overlay District. If the Town Board approves the rezoning application, the Town Board shall amend the Zoning Map of the Town of Frankfort to establish and define the boundaries of the Solar Energy Systems Overlay District.
F.
Special permit approval required. Tier 3 solar energy systems shall be required to obtain special permit approval from the Zoning Board of Appeals pursuant to the Town of Frankfort Code and the requirements of this chapter, which shall be consistent with the site development plan approved by the Town Board as part of the creation of the Solar Energy Systems Overlay District, if applicable. The application fee for the special permit approval from the Zoning Board of Appeals shall be $4,000.
G.
Site plan approval required.
(1)
Tier 3 solar energy systems shall be required to obtain site plan approval from the Planning Board pursuant to the Town of Frankfort Code and the requirements of this chapter, which shall be consistent with the site development plan approved by the Town Board as part of the creation of the Solar Energy Systems Overlay District, if applicable.
(2)
The site plan application shall include the following information, in addition to the general information required for plot plans pursuant to the Town of Frankfort Code:
(a)
Property lines and physical features, including roads, for the project site.
(b)
Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, and screening vegetation or structures.
(c)
A one- or three-line electrical diagram detailing the solar energy system layout, solar collector installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices.
(d)
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.
(e)
Name, address, and contact information of the proposed or potential system installer and the owner and/or operator of the solar energy system. Such information on the final system installer shall be submitted prior to the issuance of a building permit.
(f)
Name, address, phone number, and signature of the project applicant, as well as all the property owners, demonstrating their consent to the application and the use of the property for the solar energy system.
(g)
Zoning district designation for the parcel(s) of land comprising the project site.
(h)
Property operation and maintenance plan. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing and trimming.
(i)
Erosion and sediment control and stormwater management plans prepared to New York State Department of Environmental Conservation standards, if applicable, and to such standards as may be established by the Planning Board.
(j)
Prior to the issuance of the building permit or final approval by the Zoning Board of Appeals, engineering documents must be signed and sealed by a New York State (NYS) licensed professional engineer or NYS registered architect.
(3)
Site plan applications shall be reviewed by the Code Enforcement Officer for completeness. Applicants shall be advised within 15 business days of the completeness of their application or any deficiencies that must be addressed prior to substantive review.
H.
Application review process. Applicants shall request a preapplication meeting with the Town Planning Board or any consultants retained by the Planning Board for application review prior to submission of an application.
(1)
Applications for the installation of a Tier 3 solar energy system shall be:
(a)
Submitted to the Town Clerk with three copies.
(b)
Reviewed by the Code Enforcement Officer for completeness. Applicants shall be advised within 30 business days of the completeness of their application or any deficiencies that must be addressed prior to substantive review.
(c)
Subject to a public hearing. The Planning Board shall have a notice printed in a newspaper of general circulation in the Town at least five days in advance of such hearing. Applicants shall have delivered the notice by first-class mail to adjoining landowners and all persons residing within two miles of the proposed site at least 10 days' prior to such a hearing. Proof of mailing shall be provided to the Zoning Board of Appeals at the public hearing.
(2)
Upon closing of the public hearing, the Zoning Board of Appeals shall take action on the application within 62 days of the public hearing, which can include approval, approval with conditions, or denial. The sixty-two-day period may be extended upon consent by both the Zoning Board of Appeals and the applicant.
I.
Escrow account. In accordance with § 72-5C of this chapter, the Town shall require an escrow agreement for the engineering and legal review of applications for Tier 3 solar energy systems and any environmental impact statements before commencing its review.
J.
Special permit standards and requirements for all Tier 3 solar energy systems.
(1)
Lot size.
(a)
The property on which the Tier 3 solar energy system is proposed shall be no less than four acres in the M-1 Manufacturing District and no less than eight acres in a Solar Energy Systems Overlay District.
(b)
For purposes of calculating the lot size, contiguous participating parcels shall be aggregated.
(2)
Setbacks.
(a)
The Tier 3 solar energy systems shall meet the setback requirements in Appendix 1,[1] except that the requirements in Appendix 1 do not apply to boundaries between contiguous participating parcels.
[1]
Editor's Note: Appendix 1 is included as an attachment to this chapter.
(3)
Height.
(a)
The Tier 3 solar energy systems, exclusive of substation equipment, shall not exceed 15 feet in height.
(4)
Lot coverage.
(a)
The maximum lot coverage requirements of the underlying zoning distract shall apply to Tier 3 solar energy systems.
(b)
The following components of a Tier 3 solar energy system shall be considered included in the calculations for lot coverage requirements:
[1]
Foundation systems, typically, consisting of helical screws with or without small concrete collars.
[2]
All mechanical equipment of the solar energy system, including solar panel surface area and the area between solar panels, any pad-mounted structure for batteries, switchboard, transformers, or storage cells.
[3]
Paved access roads servicing the solar energy system.
(5)
Fencing requirements. All mechanical equipment, including any structure for storage batteries, shall be enclosed by a seven-foot-high fence, as required by the National Electrical Code, with a self-locking gate to prevent unauthorized access.
(6)
Screening and visibility.
(a)
Solar energy systems smaller than 10 acres shall have views minimized from adjacent properties using architectural features, earth berms, landscaping, or other screening methods that will harmonize with the character of the property and surrounding area.
(b)
Solar energy systems larger than 10 acres shall be required to:
[1]
Conduct a visual assessment of the visual impacts of the solar energy system on public roadways and adjacent nonparticipating properties. At a minimum, a line-of-sight profile analysis shall be provided. Depending upon the scope and potential significance of the visual impacts, additional impact analyses, including for example a digital viewshed report, shall be submitted by the applicant.
[2]
Submit a screening and landscaping plan providing adequate measures to screen through landscaping, grading, or other means so that views of solar panels and solar energy equipment shall be minimized from public roadways and adjacent nonparticipating properties to the maximum extent practicable.
[a]
The screening and landscaping plan shall specify the locations, elevations, height, plant species, and/or materials that will comprise the structures, landscaping, and/or grading used to screen and/or mitigate any adverse aesthetic effects of the system. The landscaped screening shall be comprised of multiple evergreen tree species, at least six feet high at time of planning, plus multiple native shrub species. Existing vegetation may be used to satisfy all or a portion of the required landscaped screening. Planted tree and shrub survivorship of less than 75% after two growing seasons, or visual screening of less than 75% after two growing seasons, as viewed from residences on adjacent properties, will require additional plantings at the expense of the owner/operator.
[b]
The solar energy facility and its screening shall provide for the creation of a buffer that has an offset/staggered double row of densely growing evergreens with the addition of smaller trees and shrubs in front to create a naturalized hedgerow habitat. While the evergreens should be the dominant tree for screening, the addition and combination of smaller native trees, native fruit bearing shrubs, as well as native grasses and wildflowers (as identified as native in the NYS Flora Atlas) are to be provided to benefit wildlife and aesthetics.
[c]
The screening and landscape plan shall specify the locations, elevations, height, plant species, and/or materials that will comprise the structures, landscaping, and/or grading used to screen and/or mitigate any adverse aesthetic effects of the system. The live landscaped screening shall be comprised of two staggered rows of trees planted every 10 to 12 linear feet from each other in each row (rows spaced 10 to 12 linear feet from each other) a minimum of 10 feet high at time of planting, plus supplemental shrubs to create a naturalized hedgerow habitat, planted a minimum of 25 feet outside of the solar energy facility perimeter fence for firefighting purposes. Existing vegetation may be used to satisfy all or a portion of the required landscaped screening, providing it meets the specifications in this document. Trees and shrubs to be included in screening shall be native and non-invasive, and deer resistant species. It shall be determined and documented by the applicant that the plantings of any species are not threatened due to regional blight, disease, etc. Final decisions on appropriate planting shall be made by the Town Board.
[d]
Trees to be included in screening shall be native and non-invasive species of evergreen (e.g. Norway Spruce, White Spruce) and deciduous trees at a ratio of one deciduous tree to every five evergreen trees, a minimum of 10 feet tall.
[e]
The applicant shall guarantee that all plantings that form part of the approved landscape and screening plan will be maintained and replaced if necessary, for life of the project. In no instance should the screening be exclusively landscape screening or fencing.
[f]
When the site contains or is surrounded by existing forest, a buffer of at least 50 feet of forest on the participating parcel where no trees shall be cut shall be established and maintained as a wild zone for the life of the facility. The exception to this shall be dead or diseased trees, which will be cut and removed to encourage healthy growth of existing trees.
(7)
Agricultural resources. For projects located on agricultural lands:
(a)
Any Tier 3 solar energy system located on the areas that consist of prime farmland or farmland of statewide importance shall not exceed 60% of the entire lot.
(b)
To the maximum extent practicable, Tier 3 solar energy systems located on prime farmland shall be constructed in accordance with the construction requirements of the New York State Department of Agriculture and Markets and an agricultural plan approved by the New York State Office of Renewable Energy Siting, if required for the project.
(c)
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 habitats beneficial to game birds, songbirds, and pollinators. To the extent practicable, when establishing perennial vegetation and beneficial foraging habitats, the owners shall use native plant species and seed mixes.
(d)
Tier 3 solar energy systems shall limit the use of agricultural areas within their project limits to no more than 10% of soils classified by the NYS Department of Agriculture and Markets' Agricultural Land Classification as mineral soils groups 1 through 4, prime farmland, and prime farmland if drained all solar energy facilities shall also adhere to the Department of Agriculture and Markets' Guidelines for Construction Mitigation for Agricultural Lands.
(e)
To offset or mitigate the adverse impact of using high quality soils for a non-agricultural purpose, and/or as required by New York Public Service Law § 138(4), any solar energy facility sited on soils classified by the NYS Department of Agriculture and Markets' Agricultural Land Classification as mineral soils groups 1 through 4, prime farmland, and/or prime farmland if drained, shall 1) prepare and carry out an agricultural co-utilization plan acceptable to the Town; and 2) permanently conserve an equal amount of soils classified by the NYS Department of Agriculture and Markets' Agricultural Land Classification as mineral soils groups 1 through 4, prime farmland, and/or prime farmland if drained, located in the Town of Frankfort, in a manner that conserves such farmland and is acceptable to the Town.
(8)
Underground requirements. All alternating current (AC) on-site utility lines shall be placed underground to the extent feasible and as permitted by the serving utility, or otherwise routed on overhead poles along the perimeter of fields, with the exception of the main service connection at the utility company right-of-way and any new interconnection equipment, including, without limitation, any poles, with new easements and right-of-way.
(9)
Vehicular paths. Vehicular paths within the site shall be designed to minimize the extent of impervious materials and soil compaction.
(10)
Signage.
(a)
No signage or graphic content shall be displayed on the solar energy systems except the manufacturer's name, equipment specification information, safety information, and twenty-four-hour emergency contact information. Said information shall be depicted within an area no more than eight square feet.
(b)
As required by the National Electrical Code (NEC), disconnect and other emergency shutoff information shall be clearly displayed on a light reflective surface. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.
(11)
Glare. All solar panels shall have anti-reflective coating(s).
(12)
Lighting. Lighting of the solar energy systems shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties.
(13)
Tree cutting. Removal of existing trees larger than six inches in diameter should be minimized to the extent possible.
(a)
Forested sites shall not be deforested and sites deforested less than five years before application submittal shall not be used to construct solar energy facilities, unless the applicant offsets the adverse impact of deforestation through conservation of the same amount of existing similar habitat, or creation of the same amount of new sites to host similar habit ("conserved forest habitat"). Conserved forest habitat created pursuant to this section shall be permanently conserved through creation of public parkland with covenants prohibiting deforestation and requiring the land to be kept in a natural, forested state, or by creation of a conservation easement held by an entity other than the applicant, and with restrictions requiring the land to be kept in a natural, forested state, or by any other means of permanent conservation acceptable to the Town. The Town may, but is not required to, hold any real property interest created pursuant to this section. Conserved forest habitat shall be located within the Town of Frankfort.
(b)
Brush, hedgerows and isolated trees or stands of trees in otherwise open fields or scrubland may be cut, however clear cutting of trees more than three inches in diameter at breast height (as defined herein) in an area exceeding 10,000 square feet is prohibited except as otherwise permissible under this section This clearing restriction shall not apply to trees cleared for the access road.
(c)
Any portion of a property that has been clear-cut in excess of the area described in the paragraph above, regardless of the reason for such clear cutting, shall not be included in an application for a solar project for a period of five years following such clear cutting.
(14)
Security and decommissioning.
(a)
Tier 3 solar energy systems that have been abandoned and/or not producing electricity for a period 12 consecutive months shall be removed at the owner's and/or operator's expense, which at the owner's option may come from any security made with the Town as set forth in Subsection J(15)(a) of this section.
(b)
A decommissioning plan (see Appendix 2)[2] acceptable to the Town and signed by the owner and/or operator of the solar energy system shall be submitted by the applicant, addressing the following:
[1]
The cost of removing the solar energy system.
[2]
The time required to decommission and remove the solar energy system and any ancillary structures.
[3]
The time required to repair any damage caused to the property by the installation and removal of the solar energy system.
[2]
Editor's Note: Appendix 2 is included as an attachment to this chapter.
(c)
The applicant shall deposit, execute, or file with the Town Clerk cash, or other form of security reasonably acceptable to the Town Attorney and/or Engineer, in an amount sufficient to ensure the good faith performance of the terms and conditions of the permit issued pursuant hereto and to provide for the removal and restoration of the site subsequent to removal. The amount of the security shall be 125% of the cost of removal of the Tier 3 solar energy system and restoration of the property. Thereafter, no later than December 31 of each year, the applicant shall deposit an additional security payment equal to 2% of the sum of all prior security deposited with the Town. The decommissioning amount shall not be reduced by the amount of the estimated salvage value of the solar energy system.
(d)
In the event of default upon performance of such conditions, after proper notice and expiration of any cure periods, the cash deposit, or security shall be forfeited to the Town, which shall be entitled to maintain an action thereon. The cash deposit, or security shall remain in full force and effect until restoration of the property is completed, as set forth in the decommissioning plan.
(e)
In the event of default or abandonment of the solar energy system, the system shall be decommissioned as set forth this section.
(f)
Decommissioning and removal. Decommissioning and removal of all ground-mounted solar energy facility shall consist of:
[1]
Physical removal of all above and below ground equipment, structures and foundations, steel I-beams or other similar pilings, including but not limited to all solar arrays, buildings, security barriers, fences, electric transmission lines and components, roadways and other physical improvements to the site.
[2]
Disposal of all solid and hazardous waste in accordance with local, state and federal waste disposal regulations. Remediation of the ground surface and soil to permit resumption of farming.
[3]
Stabilization and revegetation of the site with native seed mixes or plant species (excluding invasive species), or common agricultural plantings to minimize erosion.
(g)
Decommissioning and removal by Town. If a solar energy facility owner, facility operator, or landowner fail to decommission and remove an abandoned facility in accordance with the requirements of this section, the Town may enter upon the property to decommission and remove the system at the expense of the applicant and landowner.
(h)
Prior to commencement of construction of any non-Tier 1 solar energy facility, the applicant shall enter into a decommissioning agreement with the Town. The decommissioning agreement shall contain a requirement for decommissioning security, for the benefit of the town, in the form of an escrow or letter of credit, in an amount sufficient to cover the full cost of the removal and disposal of the solar energy facility and any associated accessory structures. The facilities owner and facilities operator shall provide an updated decommissioning cost estimate, accounting for anticipated rates of inflation, prepared by the Town designated New York state licensed engineer every two years, and the security shall be adjusted, if necessary, to reflect the then current decommissioning cost. And such security must be provided pursuant to a decommissioning agreement with the Town, approved by the Town Board and Town Attorney as to form, sufficiency, and manner of execution. All security must not lapse before decommissioning is complete and must be provided by an A-rated, or better, institution.
(15)
Ownership changes. If the owner or operator of the solar energy system changes or the owner of the property changes, the special permit shall remain in effect, provided that the successor owner or operator assumes, in writing, all of the obligations of the special permit, site plan approval, and decommissioning plan. A new owner or operator of the solar energy system shall notify the Zoning Enforcement Officer of such change in ownership or operator within 10 days of the ownership change.
(16)
Host community benefit. A host community benefit agreement between the Town of Frankfort and a permit holder, with terms sufficient to mitigate or offset the adverse impacts of Tier 3 solar energy systems with a project nameplate greater than one MW AC, is required prior to commencement of construction of any such project.
(17)
Payment-in-lieu of taxes. In addition to any host community benefit agreement that may be entered into, the applicant for a Solar Energy Facility shall enter into an agreement for a payment in lieu of taxes (PILOT) with the Town Board pursuant to Real Property Tax Law § 487. This PILOT agreement shall be reviewed and approved by the Town Board. A PILOT agreement executed with the County Industrial Development Agency (IDA), acceptable to the Town Board, in its sole discretion, for the solar energy facility may serve to meet the requirements of this section, at the Town of Frankfort's discretion. No building permit shall be issued or construction commenced for a solar energy facility until such time as the PILOT agreement has been executed by all parties.
(18)
Road use assurances. Prior to the issuance of the building permit and commencement of construction, an existing condition survey of the approved hauling routes using town roads shall be undertaken by the applicant at the applicant's expense. Any road, road shoulder areas, ditches, culverts, and its adjacent right of ways damaged during construction caused by the operator or its subcontractors on town roads shall be repaired or reconstructed to the satisfaction of the Town of Frankfort Superintendent of Highways and the Town Board at the facility operator's expense. Road use assurances may be demonstrated through execution by the Town and the applicant of a mutually agreeable road use agreement.
(19)
Made in America. To boost American manufacturing, including in iron and steel, and to further federal government policy concerning the same, any steel, iron, or manufactured product which is a component of a solar energy facility in the Town of Frankfort shall be produced in the United States. Applicant shall provide proof of the country where materials were produced.
A.
Solar energy systems and solar energy equipment shall be certified as required under the applicable electrical and/or building codes.
B.
Solar energy systems shall be maintained in good working order and in accordance with industry standards. Site access shall be maintained, including snow removal at a level acceptable to the local Fire Department and, if the Tier 3 solar energy system is located in an ambulance district, the local ambulance corps.
C.
Battery energy storage systems. BESS shall meet the requirements of any applicable fire prevention and building code when in use and, when no longer used, shall be disposed of in accordance with the laws and regulations of the Town of Frankfort and any applicable federal, state, or county laws or regulations.
D.
First responder training. Pursuant to the host community agreement required by this chapter, the applicant shall pay the following contributions to the fire department primarily responsible for responding to incidents at the facility. The contribution shall be for first responder training, and to offset the cost of any firefighting equipment needed to respond to the facility. Contributions shall be made in accordance with the following table:
Year | Payment |
|---|---|
1 | $50,000 |
2 | $40,000 |
3 | $30,000 |
4 | $25,000 |
5 | $25,000 |
A.
The special permit and site plan approval for a solar energy system shall be valid for a period of 18 months. In the event a building permit has not been issued within 18 months of approval, or construction has not commenced in accordance with the final site plan within 18 months, as may have been amended and approved, as required by the Zoning Board of Appeals, the applicant may request an extension from the Town not to exceed an additional six months. If the owner and/or operator fails to perform substantial construction within 24 months of the special permit and site plan approval, the approvals shall expire, and no further extensions shall be granted.
B.
Upon cessation of electricity generation of a solar energy system on a continuous basis for 12 consecutive 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 360 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 security for the removal of the solar energy system and restoration of the site in accordance with the decommissioning plan.
Any violation of this chapter shall be subject to the same enforcement requirements, including the civil and criminal penalties, provided for in the Town of Frankfort Code, ordinances, and regulations.
The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of this chapter, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.
All resolutions, ordinances, and local laws or parts thereof in conflict herewith or which in any manner, in the absence of this chapter, would address or apply to regulate the approval, construction, operation, or decommissioning of solar energy systems are superseded by this chapter.
This chapter is effective upon filing with the Secretary of State in accordance with the Municipal Home Rule Law.