Cato Town City Zoning Code
ARTICLE X
Solar Energy Systems
§ 114-47 Applicability and purpose.
The provisions of this article apply to nonutility scale solar energy system installations and to utility scale solar energy system installations.
The purpose of this article is to provide for the siting, development, and decommissioning of solar energy projects in the Town of Cato, subject to reasonable conditions that promote and protect the public health, safety, and welfare of the community while promoting development of renewable energy resources.
§ 114-48 Definitions.
As used in this article, the following terms shall have the meanings indicated:
Any number of electrically connected photovoltaic modules providing a single electrical output.
Solar installations owned collectively through subdivision homeowner associations, "adopt-a-solar-panel" programs, or other similar arrangements.
A solar energy system that is installed in the ground and is not attached or affixed to an existing structure. Pole-mounted solar energy systems shall be considered freestanding or ground-mounted solar energy systems for purposes of these regulations.
Solar energy systems that have been abandoned and/or not producing electricity for a period of 12 consecutive months.
A person who has skills and knowledge related to the construction and operation of solar electrical equipment and installations and has received safety training on the hazards involved. Persons who are on the list of eligible photovoltaic installers maintained by the New York State Energy Research and Development Authority (NYSERDA), or who are certified as a solar installer by the North American Board of Certified Energy Practitioners (NABCEP), shall be deemed to be qualified solar installers for the purposes of this definition.
A solar energy system in which solar panels are mounted on top of the structure of a roof either as a flush-mounted system or as modules fixed to frames which can be tilted toward the south at an optimal angle.
A renewable energy project that either a) generates electricity from sunlight, consisting of one or more photovoltaic (PV) systems and other appurtenant structures and facilities within the boundaries of the site, or b) utilizes sunlight as an energy source to heat or cool buildings, heat or cool water, or produce electrical or mechanical power by means of any combination of collecting, transferring, or converting solar-generated energy.
Also referred to as "accessory solar energy systems." An accessory use is defined as a secondary activity incidental to the primary use of the property. Nonutility solar energy systems are designed for a home, business, or agricultural use where the primary use of the property is either household living, a commercial activity, or an agricultural activity; and the energy produced by the solar system provides electricity directly to the building or buildings on site for the principal use of the property. Nonutility solar energy systems have a rated capacity of anything under 25 kilowatts and are designed to meet the specific energy needs of the principal use. Nonutility scale solar energy systems may be rooftop installations, or freestanding installations that are either ground- or pole-mounted. Nonutility scale solar energy systems must meet at least one of the following criteria: 1) has a disturbance zone equal to or less than two acres; 2) is mounted on or over a building, parking lot, or other previously-disturbed area; 3) or utilizes integrated PV only.
Considered a public utility and developed as a primary land use. Utility scale solar energy systems are typically freestanding, and the principal economic function of the land hosting a utility scale solar energy system is producing solar power for off-site consumption. Utility scale solar energy systems have a minimum rated capacity of 25 kilowatts, but are usually multiple megawatts, and may cover anywhere from tens to thousands of acres of land. These installations primarily supply power for offsite consumption through the electrical grid. Also referred to as a "solar farm."
§ 114-49 Nonutility scale solar energy system requirements.
Nonutility scale rooftop and building-mounted solar collectors are permitted in the Agricultural (A), Residential (R) and Waterfront Residential (W) Zoning Districts in the Town in accordance with the provisions herein. Building permits shall be required for installation of rooftop and building-mounted solar collectors.
Nonutility scale ground-mounted and freestanding solar collectors are permitted as accessory structures in the Agricultural (A), Residential (R) and Waterfront Residential (W) Zoning Districts in the Town, subject to the following requirements:
The location of the solar collectors meets all applicable setback requirements of the zone in which they are located; and are located in the side or rear yard.
The height of the solar collectors and any mounts shall not exceed the height restrictions of the zone when oriented at maximum tilt.
Solar collectors and other facilities shall be designed and located in order to prevent reflective glare toward any roads and inhabited buildings on adjacent properties.
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 all proposed solar collectors.
All solar collector 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.
When solar storage batteries are included as part of the solar collector system, 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 Cayuga County and other applicable laws and regulations.
If a solar collector ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the collector, mount, and associated equipment and facilities no later than 90 calendar days after the end of the twelve-month period.
§ 114-50 Utility scale solar energy system requirements.
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:
Rooftop and building-mounted solar collectors. Building permits shall be required for installation of rooftop and building-mounted solar collectors.
Ground-mounted and freestanding solar collectors. Ground-mounted and freestanding solar collectors are subject to the following requirements:
Design standards.
Setback. The minimum setback from all property lines shall be of 85 feet.
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.
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.
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.
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.
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.
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.
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:
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.
Safety. The owner/operator shall provide evidence that a copy of the site plan application has been submitted to the appropriate Fire Chief.
Decommissioning plan.
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.
A decommissioning plan signed by the owner and/or operator of the solar energy system shall be submitted by the applicant, addressing the following:
The anticipated life of the utility scale solar energy system.
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.
How the estimate was determined.
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.
The manner in which the solar energy system will be decommissioned and the site restored, including, but not limited to:
The removal of aboveground and below-ground equipment, structures, and foundations.
The restoration of the surface grade and soil after removal of equipment to its original state before installation including topsoil quality.
The re-vegetation of restored soil areas with native seed mixes, excluding any invasive species.
A time frame for the completion of site restoration work.
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.
Bond.
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.
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.
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.
Permit time frame and abandonment.
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.
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.
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.