[Added 6-7-2017 by L.L.
No. 2-2017]
A. Purpose: The purpose of the Solar Energy Systems Overlay District
is to accommodate solar energy systems in appropriate locations within
the Town to facilitate the development of solar energy.
B. SESO requirements: Where the Solar Energy Systems Overlay District
zoning has been established, the requirements of the Solar Energy
Systems Overlay District shall be in addition to any requirements
specified in the underlying district.
C. Exemption from SESO requirements: The requirements of the Solar Energy
Systems Overlay District shall not apply to those uses which are already
permitted in the underlying district nor to the following:
(1) Roof-mounted and building-integrated solar energy systems are permitted
in all zoning districts in the Town when attached to any lawfully
permitted building or structure. Building permits shall be required
for installation of roof-mounted and building-integrated mounted solar
energy systems.
(2) Ground-mounted SES are permitted as accessory structures in all zoning
districts of the Town, subject to all requirements applicable to accessory
structures in such zoning district. Building permits shall be required.
(3) SES and other facilities shall be designed and located in order to
prevent reflective glare toward any inhabited buildings on adjacent
properties and roads.
(4) Where site plan approval is required elsewhere in the regulations
of the Town for a development or activity, the site plan review shall
include review of the adequacy, location, arrangement, size, design,
and general site compatibility of proposed solar collectors.
(5) All SES installations must be performed in accordance with applicable
electrical and building codes, the manufacturer's installation
instructions, and industry standards, and prior to operation the electrical
connections must be inspected by the Town Code Enforcement Officer
or by an appropriate electrical inspection person or agency, as determined
by the Town. In addition, any connection to the public utility grid
must be inspected by the appropriate public utility.
(6) When solar storage batteries are included as part of the SES, they
must be placed in a secure container or enclosure meeting the requirements
of the New York State Building Code when in use and when no longer
used shall be disposed of in accordance with the laws and regulations
of Monroe County and other applicable laws and regulations.
(7) If a SES ceases to perform its originally intended function for more
than 12 consecutive months, the property owner shall remove the SES,
mount and associated equipment and facilities no later than 90 days
after the end of the twelve-month period.
D. Rezoning procedure. The process necessary to create a Solar Energy
Systems Overlay District shall be as follows:
(1) Concept site plan. Prior to the submission of any application for
rezoning by the Town Board, the applicant shall submit a concept site
plan, as described below, to the Town Planning Board for its review
and recommendation on the rezoning.
(2) Rezoning application. Any application for rezoning shall be submitted
to the Town Board and it shall contain the following information:
(a)
The report of the Town Planning Board resulting from the aforesaid
concept site plan and rezoning review.
(b)
The concept site plan. For purposes of this section, a "concept site plan" is a map, 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 concept plan shall also depict existing improvements and contain all information required by Article
IX, Site Plan Approval, and shall be in accordance with the design and construction standards of the Town of Riga.
(c)
Proof of ownership of the land proposed for rezoning.
(d)
A description of the property, including a metes and bounds
description of the parcel.
(e)
A letter of intent which states the land's present use
and the type of solar energy system proposed for the land.
(f)
A completed long form of the environmental assessment form (EAF).
(g)
A statement as to the present underlying zoning district and
proposed zoning as a Solar Energy Systems Overlay District.
(h)
Present land use and proposed future land use. Present land
use of lots abutting the proposed SES.
(i)
Two copies of an application to rezone the land. Submit the
original application to the Town Clerk and give a copy to the Town
Supervisor.
(j)
The procedure for rezoning to be used shall be that set forth
in Article 16, § 264, of the New York State Town Law.
(3) SESO rezoning conditions. All SESO zoning, prior to being placed
on the Town of Riga Zoning Map, shall be conditioned upon the applicant
obtaining:
(a)
The approval of the Town Board creating the Solar Energy Systems
Overlay District on the property. Said review shall include a public
hearing for rezoning approval in accordance with the provisions of
§ 264 of the New York State Town Law.
(b)
Site plan approval from the Planning Board. Said review shall
include a public hearing for site plan approval in accordance with
the provisions of § 276, Subdivision 4, of the New York
State Town Law.
(c)
Special use permit approval from the Planning Board. Said review
shall include a public hearing for special use permit approval in
accordance with the provisions of § 274-b of the New York
State Town Law.
E. Permitted underlying district. Any zoning district of the Town where
SES are not a permitted use are eligible for consideration for SESO
rezoning.
F. Permitted principal uses. The following principal uses are permitted
in the Solar Energy Systems Overlay District:
(1) Any use permitted in the underlying district.
G. Permitted accessory uses. The following accessory uses shall be permitted
in the Solar Energy Systems Overlay District:
(1) Customary accessory uses and buildings.
H. Special uses. The following uses are permitted in the Solar Energy Systems Overlay District subject to the issuance of a special use permit by the Planning Board pursuant to Article
VII:
I. Prohibiting uses. None of the following uses, or accessory uses,
shall be allowed within the Solar Energy Systems Overlay District:
(1) Any other use not specifically authorized pursuant to the provisions
of this chapter or the provisions of the underlying district.
J. Development standards. The following minimum standards shall apply
for uses located in the Solar Energy Systems Overlay District, unless
a more restrictive requirement is stated elsewhere in this chapter,
or is imposed by a condition of approval:
(1) A large-scale SES shall be constructed pursuant to a site plan approval
from the Town Planning Board and must meet the criteria set forth
below and obtain all other necessary approvals.
(2) Areas of potential sensitivity:
(a)
One-hundred-year flood hazard zones.
(b)
Historic and/or culturally significant resources.
(c)
Within 100 feet landward of a freshwater wetland.
(3) A large-scale SES may be permitted in all zoning districts in the
Town when authorized by site plan approval from the Planning Board
subject to the following terms and conditions:
(a)
The total coverage of all buildings and structures on a lot,
including ground-mounted SES, shall not exceed 50%.
(b)
Height and setback restrictions.
(c)
The maximum height for ground-mounted SES panels located on
the ground or attached to a framework located on the ground shall
not exceed 15 feet in height above the ground.
(d)
The minimum setback from property lines shall be 25 feet.
(e)
A landscaped buffer shall be provided around all equipment and
SES to provide screening from adjacent residential properties and
roads.
(f)
Prior to the issuance of a special use permit for a large scale
solar energy system, the Planning Board shall determine if a bond
will be required to be issued in the name of the Town of Riga at the
expense of the applicant to cover the cost of decommissioning the
large-scale solar energy system should the need arise. The amount
of the bond shall be determined by the Planning Board after consultation
with the Town Attorney and the Town Engineer.
(4) Design standards.
(a)
Removal of trees and other existing vegetation should be minimized
or offset with planting elsewhere on the property.
(b)
Roadways within the site shall not be constructed of impervious
materials and shall be designed to minimize the extent of roadways
constructed and soil compaction.
(c)
All on-site utility and transmission lines shall, to the extent
feasible, be placed underground.
(d)
SES and other facilities shall be designed and located in order
to prevent reflective glare toward any inhabited buildings on adjacent
properties and roads.
(e)
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 and provided with landscape screening.
(f)
A solar energy system to be connected to the utility grid shall
provide a "proof of concept" letter from the utility company acknowledging
the SES will be connected to the utility grid in order to sell electricity
to the public utility.
(5) Signs.
(a)
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/or operator, and phone number.
(b)
A clearly visible warning sign concerning voltage must be placed
at the base of all pad-mounted transformers and substations.
(6) Abandonment.
(a)
All applications for a solar energy system shall be accompanied
by a decommissioning plan to be implemented upon abandonment, or cessation
of activity, or in conjunction with removal of the facility, prior
to issuance of a building permit.
(b)
If the applicant begins but does not complete construction of
the project within 18 months after receiving final site plan approval,
this may be deemed abandonment of the project and require implementation
of the decommissioning plan to the extent applicable.
(c)
The decommissioning plan must ensure the site will be restored
to a useful, nonhazardous condition without delay, including, but
not limited to, the following:
[1]
Removal of above-ground and below-ground equipment, structures
and foundations.
[2]
Restoration of the surface grade and soil after removal of equipment.
[3]
Revegetation of restored soil areas with native seed mixes,
excluding any invasive species.
[4]
The plan shall include a time frame for the completion of site
restoration work.
[5]
In the event the facility is not completed and functioning within
18 months of the issuance of the final site plan approval, the Town
may notify the operator and/or the owner to complete construction
and installation of the facility within 180 days. If the owner and/or
operator fails to perform, the Town may notify the owner and/or operator
to implement the decommissioning plan. The decommissioning plan must
be completed within 180 days of notification by the Town.
[6]
Upon cessation of activity of a constructed facility 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 implement the decommissioning
plan.
[7]
If the owner/operator fails to fully implement the decommissioning
plan within the one-hundred-eighty-day time period the Town may at
its discretion provide for the restoration of the site in accordance
with the decommissioning plan and may recover all expenses incurred
for such activities from the decommissioning bond referenced in Subsection
(J)(3)(f).
(7) Enforcement. Any violation of this solar energy section shall be
subject to the same civil and criminal penalties provided for in the
zoning regulations of the Town of Riga.
(8) Severability. The invalidity or unenforceability of any section,
subsection, paragraph, sentence, clause, provision or phrase of the
aforementioned sections as declared by the valid judgement of any
court or 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.