In their interpretation and application, the
provisions of this chapter shall be held to be minimum requirements
adopted for the promotion of the public health, morals, safety and
general welfare.
This chapter shall not interfere with, abrogate,
annul or repeal any ordinance or any rule, regulation or permit previously
or hereafter enacted, adopted or issued pursuant to law, provided
that, unless specifically excepted, where this chapter imposes greater
restrictions, its provisions shall control.
[Added 10-22-2018 by L.L.
No. 4-2018]
A.
Applicability.
(1)
The requirements of this section shall apply to all solar energy systems (except solar thermal systems) and equipment installed and modified after the effective date of this section. Except as provided herein in § 210-71C(2) below, no solar energy system equipment shall be installed, operated or modified except in compliance with this § 210-71.
(2)
A solar energy system for which a valid building permit has been
issued or, if no building permit was required, for which installation
was commenced and diligently pursued prior to the effective date of
this section shall not be required to meet the requirements of this
section. However, any modification of such solar system must comply
with the requirements of this section.
(4)
When a solar energy system is limited by this § 210-71 to servicing only the building(s) and structure(s) on the lot upon which the system is located and building(s) and structure(s) on adjacent lots, such limitation shall not be construed to prohibit a net-metering billing arrangement in accordance with law.
B.
General permit, inspection and operating requirements.
(1)
Application for and issuance of a building permit shall be required
prior to installation of a solar energy system.
(2)
A solar energy system shall be designed and installed in accordance
with all applicable laws, codes and regulations, including but not
limited to the New York State Uniform Fire Prevention and Building
Code and other state code provisions.
(3)
All solar energy systems installations must be performed by a qualified
solar installer.
(4)
Prior to operation, electrical connections must be inspected by the
Town Code Enforcement Officer and by a qualified electrical inspector
acceptable to the Town. Any connection to the public utility grid
must meet all applicable Town, state, federal and public utility rules
and regulations.
(5)
All solar energy systems shall be maintained in good working order.
C.
Roof-mounted, building-integrated photovoltaic and solar thermal
energy systems. A roof-mounted, building-integrated photovoltaic and
solar thermal energy system is permitted as an accessory use and structure
in all zoning districts, without site plan approval, but subject to
the following requirements:
(1)
A roof-mounted, building-integrated photovoltaic and solar thermal
energy system is permitted to serve on the building(s) and structure(s)
on the lot upon which the system is located.
(2)
The applicant shall file a New York State Unified Solar Permit (USP)
application and pay all fees in order to obtain a building permit.
(3)
A roof-mounted system may be mounted on any legal principal or accessory
building or structure.
(4)
Roof-mounted solar collectors are subject to the height limitations
governing the principal or accessory building or structure to which
it is mounted.
(5)
When feasible, as determined by the Code Enforcement Officer, solar
collectors facing the front yard must be mounted at the same angle
as the roof's surface, with a maximum distance between the roof and
the highest edge of the panels of 18 inches.
(6)
A solar thermal panel shall not be placed in the front yard and shall
not be placed within the required rear yard or required side yard
setback applicable to the accessory structures within the zoning district.
D.
Small-scale solar energy systems. A ground-mounted, small-scale solar
energy system is a permitted accessory use and structure in all zoning
districts, subject to site plan approval by the Planning Board and
subject to the following requirements:
(1)
A ground-mounted, small-scale solar energy system is permitted to
serve only the building(s) and structure(s) on the lot upon which
the system is located.
(2)
A ground-mounted, small-scale solar energy system shall not be located
in the front yard, unless the applicant applies to, and demonstrates
to the satisfaction of the Planning Board, that the front yard is
the only area where the solar energy system can reasonably function,
and that appropriate screening to mitigate impacts on adjoining properties
is implemented.
(3)
The solar energy system and related equipment shall not be located
within the minimum required front, side and rear yards for the district
in which the system is situated.
(4)
Solar collectors and related equipment shall be substantially screened
from view from adjoining properties and public roadways.
(5)
The height of the solar collectors and mounts shall not exceed 15
feet when oriented at the maximum tilt.
(6)
The area beneath all solar collectors shall be included in calculating
maximum permitted lot coverage limitations.
E.
Utility-scale solar energy systems.
(1)
A utility-scale solar energy system is permitted as a special permit
use in the A-2.5 Low-Density Residential and A-4 Very-Low-Density
Residential zoning districts, subject to site plan approval by the
Planning Board and subject to the following special conditions and
safeguards:
(a)
The following dimensional requirements shall apply to a utility-scale
solar energy system:
|
Standard
|
Requirement
|
|---|---|
|
Lot width
|
250 feet
|
|
Front yard setback
| |
|
Town highway
|
100 feet
|
|
County highway
|
125 feet
|
|
State highway
|
150 feet
|
|
Side yard setback (each)
|
75 feet
|
|
Rear yard setback
|
75 feet
|
|
Building height
|
35 feet
|
|
Maximum height of solar collectors
|
12 feet
|
|
Maximum height of fencing
|
8 feet
|
|
*
|
If the lots or lots of the proposed solar energy system front(s)
on two or more streets, then each of those yards shall be deemed the
front yard. The required side and rear yard setbacks shall be measured
to the visible structural component of the solar energy system nearest
the side lot line or rear lot line, respectively.
|
(b)
The total area of the solar energy system shall not exceed 25
acres.
(c)
The solar energy system and related equipment shall not be located
within the minimum required front, side and rear yards for the district
in which the system is situated.
(d)
The entire solar energy system shall be enclosed by perimeter
fencing at a height of at least seven feet to restrict unauthorized
access. There shall be a six-inch gap at the bottom of the fencing
to allow small wildlife access to and from the site.
(e)
Solar energy systems shall be situated on sites consisting primarily
(i.e., at least 75%) of open fields, brush, small trees (i.e., with
trunk diameter of two inches or less measured at four feet above finished
grade), or pasture, but not situated on primarily wooded sites. The
Planning Board may allow some of the existing trees within the area
of the solar energy system to be removed to accommodate the solar
energy system. In order to prevent tree clearing in anticipation of
a solar energy system installation, this 75% requirement shall apply
during the time period commencing two years prior to application for
a solar energy system.
(f)
Appropriate screening shall be provided, as determined by the
Planning Board based upon the specific site characteristics to screen
the solar energy system and fencing from residential properties, public
roads, private roads and private rights-of-way to the maximum extent
practicable. The applicant shall provide a visual analysis to the
Planning Board using line-of-sight profiles from public viewing locations
determined by the Planning Board.
(g)
All on-site power lines shall be installed underground unless
the applicant demonstrates to the satisfaction of the Planning Board
that such underground installation is not practicable given the particular
characteristics of the site.
(h)
Building and structures associated with the solar energy system
shall, to the maximum extent practicable, use materials, colors and
textures that will blend the facility into the existing environment.
(i)
Solar panels and equipment shall be designed and sited so as
to not reflect glare onto other properties, public roads or private
roads or rights-of-way, and shall not interfere with traffic or create
a hazard.
(j)
Driveways serving the site shall have safe sight distance and
lawful appropriate access for emergency vehicles and equipment. Access
to the site shall be reviewed by relevant emergency service providers.
(k)
The identification of the manufacturer and installer, and appropriate
warning signs, shall be posted at the site, be clearly visible and
weather resistant.
(l)
The solar energy system and equipment shall be marked in order
to provide emergency responders with appropriate warning and guidance
with respect to isolating the solar electric service. Materials used
for the markings shall be weather resistant. The markings shall be
placed adjacent to the main service disconnect in a location clearly
visible from where the power lever is located. If any of the standards
in this subsection are more stringent than applicable provisions of
the New York State Uniform Fire Prevention and Building Code (the
state code), these standards shall be deemed to be guidelines only,
and the standards of the state code shall apply.
(2)
Application requirements. In addition to the other requirements in
this Zoning Code applicable to site plan and special permit applications,
the applicant shall submit to the Planning Board the following:
(a)
If the property of the proposed solar energy system is leased,
the written legal consent between all parties, specifying the use(s)
of the property for the duration of the project, including easements
and other agreements.
(b)
Equipment specification sheets for all photovoltaic panels,
significant components, mounting systems and inverters.
(c)
A property operation and maintenance plan, which plan shall
describe continuing equipment maintenance, property upkeep (e.g.,
mowing and trimming) and useful life and replacement schedule for
key equipment. The plan shall specify that herbicides shall not be
used.
(d)
A decommissioning plan, in accordance with § 210-71E(3).
(e)
Compliance with wind and snow-load requirements, grounding requirements,
National Electrical Safety Code and National Electrical Code requirements.
(f)
Emergency Action Plan (EAP) outlining safety protocol should
an incident occur at the project site. The EAP shall include pre-emergency
planning, emergency equipment and supplies, incident response, and
evacuation plan. The EAP should also identify location of all emergency
equipment and shutoffs on the subject site The EAP shall be filed
with the Town Code Enforcement Office and local fire district.
(g)
The site plan set should include the following: Zoning district;
preliminary FEMA special flood hazard area; wetlands; area of tree
removal; fencing and design materials; landscaping; road access and
emergency access; location of nearest residential structure; location,
height and size of all existing structures on property; location,
height and size of all proposed solar collection and accessory structures;
height above finished grade, materials, colors and lighting; make,
model and manufacturer of the solar energy system and stormwater pollution
prevention plan.
(3)
Decommissioning and removal.
(a)
Removal of unused solar energy system and equipment. The applicant
and property owner must agree, in writing, to remove the solar energy
system and all associated equipment and structures if the solar energy
system ceases to be used for its intended purpose for 12 consecutive
months. Removal of such unused system, equipment and structures shall
be completed within six months thereafter.
(b)
Decommissioning and removal plan. To ensure the proper removal
of a utility-scale solar energy system, a decommissioning plan shall
be submitted as part of the application. Compliance with the approved
decommissioning plan shall be a condition of a special permit authorized
by the Planning Board. The decommissioning plan shall specify that
after the solar energy system ceases operation for its intended purpose,
the system shall be removed by the applicant or property owner, and
by any subsequent owner/operator of the solar energy system or property
owner. The plan shall demonstrate how the removal of the solar energy
system and all related equipment and structures shall be conducted
and how the remediation of the soil and vegetation shall be conducted
to return the property substantially to its condition prior to construction.
The plan shall include a timeline for execution. A cost estimate detailing
the projected cost of executing the decommissioning plan shall be
prepared by a professional engineer or contractor. Cost estimates
shall take into account inflation. The decommissioning plan shall
state the time period within which the solar energy system shall be
removed and the property restored, which time period shall be no greater
than six months after the solar energy system ceases, for 12 consecutive
months, to be used for its intended purpose.
(c)
Decommissioning and removal security.
[1]
The applicant shall execute and file with the Town Clerk security
in a form acceptable to the Town Attorney and Planning Board and in
the amount sufficient to pay for the cost and expenses of removal
of the solar energy system and related equipment and structures and
restoration of the site. The amount is subject to the approval of
the Planning Board's professional engineer and the Planning Board.
The security may be in the form of cash, letter of credit, another
instrument acceptable to the Town's attorney and the Town Board, or
a combination thereof. The security shall remain in full force and
effect until all solar energy system equipment, structures and materials
have been properly removed and site restoration is complete.
[2]
The amount of security shall be sufficient, during the first
five years of operation, to cover the costs to deconstruct and dispose
of all equipment, structures and materials related to the solar energy
system; costs to restore the site; and all fees, costs and expenses
incurred by the Town to administer and enforce the decommissioning
process. The initial security will be set at 125% of the Year 1 estimate
to adjust for inflation. Such amount shall be reevaluated every five
years thereafter and, if necessary, adjusted to reflect prevailing
costs and expenses.
[3]
If the amount of the security does not fully cover such fees,
costs and expenses ("costs") or if the Town cannot recover adequate
proceeds of the security, then the owner or operator of the solar
energy system and the property owner shall be jointly and severally,
and corporately and personally, liable for the costs not recovered.
In addition, the Town may assess such costs against the property,
which assessment shall constitute a lien on the property, and which
amount may be collected in the same manner as real property taxes.
(4)
Equipment and parts maintenance. Any damaged or unused equipment
and parts shall be removed from the premises in 30 calendar days or
kept in a secured, designated storage area. Maintenance equipment,
spare parts and petroleum products shall be kept in a secure, designated
storage area.
(5)
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, and all requirements of this § 210-71 and all conditions and requirements of the special permit shall be binding upon each succeeding owner and operator. However, a change in owner or operator shall not affect the decommissioning security, although a new owner may substitute other security in accordance with § 210-71E(3). A new owner or operator of the solar energy system shall immediately notify the Town Code Enforcement Officer of such changes in ownership or operator.
(6)
Modifications. Any and all modifications, additions or deletions
to the solar energy system, whether structural or not, shall be subject
to prior site plan review and approval by the Planning Board, except
routine repairs and maintenance shall not be subject to Planning Board
review.
(7)
Right to inspect. Written permission from the property owner allowing
the Town to conduct periodic inspections, including the annual inspection,
shall be on file with the Code Enforcement Officer before issuance
of the compliance permit.
