Champlain City Zoning Code
ARTICLE XIII
Solar Energy Systems
§ 130-94 Purpose.
A.
The purposes of these zoning regulations are to advance and protect the public health, safety, and welfare of the Town by:
(1)
Supporting energy independence and community resiliency by taking advantage of a safe, abundant, renewable, and nonpolluting energy resources;
(2)
Accommodating solar energy systems while balancing the potential impact on the environment, neighbors, and existing community investments in infrastructure for growth and development; and
(3)
Furthering the health, safety and welfare of the public.
§ 130-95 Definitions.
For the purposes of this article certain words and terms are defined as follows:
A combination of solar panels and solar energy equipment components integrated into any building envelope system such as vertical facades, including glass and other facade material, semitransparent skylight systems, roofing materials, and shading over windows primarily intended for producing electricity for onsite use.
A solar energy system that is affixed to the roof and up to eight inches off the roof or side(s) of a building or other legally permitted structure either directly or by means of support structures or other mounting devices.
Land, designated as "farmland of statewide importance" by the U.S. Department of Agriculture Natural Resources Conservation Service, that is of statewide importance for the production of food, feed, fiber, forage, and oil seed crops as determined by the appropriate state agency or agencies. Farmlands of statewide importance may include tracts of land that have been designated for agriculture by state law.
A solar energy system that is directly anchored to the ground and attached to a pole or other mounting system, not attached or affixed to an existing structure, and detached from any other structure.
Located on the lot that is the subject of an application for development.
Land designated by the U.S. Department of Agriculture as land 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. For purposes of this article this shall not include soils that are only prime farmland if well-drained.
A solar panel system located on the roof of any legally permitted building or structure for the purpose of producing electricity or solar thermal power generation.
Electrical energy storage devices, material, hardware, inverters, or other electrical equipment and conduit of photovoltaic devices associated with the production of electrical energy.
A photovoltaic (PV) electrical generating system composed of a combination of both solar panels and solar energy equipment. Several scale systems are addressed in this article as follows:
AGRICULTURAL SOLAR ENERGY SYSTEMAn on-farm, small-scale solar energy system that provides no more than 110% of the energy required to operate a farm operation as defined by New York State Agriculture and Markets Law § 305-a. These may be roof-mounted or ground-mounted systems.
LARGE-SCALE SOLAR ENERGY SYSTEMA solar energy system that produces energy primarily for supplying more than 200 kW of electrical energy into a utility grid for wholesale or retail offsite sale or consumption whether generated by photovoltaics, solar thermal devices or other solar technologies, and whether ground-mounted or building-mounted. A large-scale solar energy system may also be referred to as a solar plant, solar energy system, commercial solar energy system or solar power plant.
MEDIUM-SCALE SOLAR ENERGY SYSTEMA solar energy system or solar thermal system that is ground-mounted and producing between 25 kW and 200 kW of electricity.
SMALL-SCALE SOLAR ENERGY SYSTEMA roof-mounted or building-integrated solar energy system or solar thermal system servicing primarily the building or buildings on the parcel on which the system is located for onsite consumption for either residential or business use, and limited to those rooftop and building-integrated, roof-mounted, and ground-mounted solar collectors that produce 25 kW or less electricity. An agricultural solar energy system shall be considered small-scale.
A photovoltaic device capable of collecting and converting solar energy into electrical energy.
Solar energy system that directly heats air; water or other liquid using sunlight. The heated air, water or other liquid is used for such purposes, including but not limited to space heating and cooling, domestic hot water and heating pool water.
§ 130-96 General applicability.
A.
The requirements of this article shall apply to all solar energy systems installed or modified after this article's effective date excluding general maintenance and repair.
B.
Modifications to an existing medium-scale solar energy system that increases the solar energy system area by more than 10% of the original area of the solar energy system (exclusive of moving any fencing) shall be subject to the requirements of this article for such proposed expansion.
C.
Modifications to an existing large-scale solar energy system than increases the solar energy system area (exclusive of moving any fencing) shall be subject to the requirements of this article for such proposed expansion.
D.
A building permit or solar building permit shall be required for installation of all solar energy systems. All solar energy 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 Code of the Town of Champlain.
E.
Issuance of permits and approvals shall include review pursuant to the State Environmental Quality Review Act (SEQRA).
§ 130-97 Requirements for small-scale solar energy systems.
A.
All small-scale solar energy systems shall be permitted in all zoning districts and shall be considered accessory structures allowed in all zoning districts.
B.
Small-scale solar is subject to the following conditions for each type of solar energy systems included in this § 130-97.
C.
Roof-mounted solar energy systems.
(1)
Roof-mounted solar energy systems shall be installed parallel to the roof surface on which they are mounted.
(2)
Roof-mounted solar energy systems shall not extend higher than the highest point of the roof surface on which they are mounted or the top of the surrounding parapet, or more than 24 inches above the flat surface of the roof, whichever is greater.
(3)
Building-integrated solar energy systems shall be shown on the plans submitted for any building permit application for the building containing the system.
D.
Small-scale ground-mounted solar energy systems.
(1)
Small-scale ground-mounted solar energy systems accessory to a principal use shall only be located in the side or rear yard and shall meet the setback and height requirements for accessory structures as required for zoning district in which the system is to be located.
(2)
Small-scale ground-mounted solar energy systems to be located on a corner lot with frontage on two streets shall have a side yard setback of 25 feet on the side fronting the street.
(3)
Small-scale ground-mounted systems shall have a maximum height of 15 feet as measured from the highest natural grade below each solar panel.
(4)
Small-scale ground-mounted solar energy systems shall be screened from the view of the public right-of-way and shall not obstruct or otherwise impede the scenic views from existing buildings on neighboring properties. Screening shall be comprised of berms, fencing or landscaping that retains its ability to screen in the winter such as evergreen or fir trees.
E.
All solar panels shall have anti-reflective coating.
§ 130-98 Specific standards for medium-scale solar energy systems.
A.
Medium-scale solar energy systems as an accessory use. Medium-scale solar energy systems are permitted with a special use permit as an accessory use servicing primarily the building or buildings on the parcel on which the system is located for on-site consumption for either residential or business use in all zoning districts, except the C-1 Zoning District.
B.
Medium-scale solar energy systems as a principal use. Medium-scale solar energy systems are permitted with a special use permit as a principal use of a property in all districts except the C-1 and C-2 Zoning Districts.
C.
All medium-scale solar energy systems shall require a special use permit and include the application materials required in § 130-101. The Zoning Board of Appeals and Planning Board review of medium-scale solar energy systems shall include, but not be limited to, consideration of the visual effect of the proposed solar installation on scenic and historic resources and viewsheds; impacts on community character; compatibility of the proposed solar system with adjacent and other nearby land uses; compatibility with agriculture and farmlands, managing stormwater runoff, and the effect of the proposed installation on ecologically sensitive land or water resources.
D.
All medium-scale solar energy systems are subject to the lot development standards for the district in which they are located as provided in Article III, Zoning District Regulations, except as otherwise provided below in Subsection D(3)(a) through (c):
(2)
Medium-scale solar energy systems that are the principal use of the lot shall have a minimum lot size of one acre.
(3)
Medium-scale solar energy systems that the principal use of the lot shall meet the following setbacks:
(a)
The front yard setback shall be 100 feet except that the front yard setback shall be 500 feet for lots with frontage on US 11.
[Amended 1-10-2023 by L.L. No. 1-2023]
(b)
The side yard setback shall be 100 feet for lots adjoining a residential use in any zoning district and 25 feet adjoining a lot with a nonresidential use in a commercial or industrial zoning district.
(c)
Fencing, landscaping, berming, and access roads may be located in the required setbacks.
(4)
Medium-scale ground-mounted systems shall have a maximum height of 20 feet as measured from the highest natural grade below each solar panel.
§ 130-99 Specific standards for large-scale solar energy systems.
A.
Large-scale solar energy systems shall be allowed only within those areas designated on the map titled "Town of Champlain Large-Scale Solar Energy Systems Zoning Overlay Map" dated December 22, 2023.
[Amended 2-13-2024 by L.L. No. 1-2024]
B.
All large-scale solar energy systems shall require a special use permit and site plan review and include the application materials required in §§ 130-55 and 130-101 below. The Zoning Board of Appeals and Planning Board review of large-scale solar energy systems shall include, but not be limited to, consideration of the visual effect of the proposed solar installation on scenic and historic resources and viewsheds; impacts on community character; compatibility of the proposed solar system with adjacent and other nearby land uses; compatibility with agriculture and farmlands, managing stormwater runoff, and the effect of the proposed installation on ecologically sensitive land or water resources.
C.
All large-scale solar energy systems are subject to the lot development standards for the district in which they are located as provided in Article III, Zoning District Regulations, except as otherwise provided below in Subsection C(1) and (2):
(1)
The minimum lot size shall be five acres.
(2)
Large-scale solar energy systems, with the exception of related fencing, landscaping and access roads, shall meet the following setbacks:
(a)
The front yard setback shall be 150 feet, except that the front yard setback shall be 500 feet for lots with frontage on US 11.
[Amended 1-10-2023 by L.L. No. 1-2023]
(b)
The side and rear yard setbacks shall be 150 feet for lots adjoining a residential use in any zoning district and 25 feet adjoining a lot with a nonresidential use in a commercial or industrial zoning district.
(c)
Fencing, landscaping, earth berms, and access roads may be located in the required setbacks.
D.
Large-scale ground-mounted systems shall have a maximum height of 20 feet as measured from the highest natural grade below each solar panel.
E.
The general requirements for the siting of all medium- and large-scale solar energy systems provided in § 130-100 shall be met.
F.
All large-scale solar energy systems shall require a building permit for construction and will be subject to a building permit fee as listed in the Town of Champlain building permit fee schedule. This fee may be reduced, or waived by Town Board resolution based on the following:
[Added 2-13-2024 by L.L. No. 1-2024]
§ 130-100 General requirements for all medium- and large-scale solar energy systems.
The following general siting requirements shall apply to all medium-scale and large-scale solar energy systems unless otherwise specified.
A.
Lot coverage.
(1)
The maximum lot coverage shall be 30% and shall include all buildings and the following components of solar energy systems:
(a)
Foundation systems, typically consisting of driven piles or monopoles or helical screws with or without small concrete collars.
(b)
All mechanical equipment of the solar energy system, including any pad mounted structure for batteries, switchboard, transformers, or storage cells.
(c)
The solar panel component itself shall not be included in the calculation of lot coverage.
B.
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.
C.
Anti-glare. All solar collectors and related equipment shall be surfaced, designed, coated with anti-reflective materials, and sited so as not to reflect glare onto adjacent residences and roadways.
D.
Screening.
(1)
All solar energy systems shall be completely screened with a vegetative buffer or landscaping from all streets and adjacent residential uses. Appropriate landscaping and/or site design features, including both the maintenance of existing natural vegetation and the introduction of new plantings consisting of a naturally appearing blend of deciduous and coniferous species, shall be required to help screen the facility and accessory structures from roads, neighboring residences, and other uses. Any existing tree or group of trees which stands within or near a required planting area may be used to satisfy the screening and tree planting requirements. The protection of tree stands, rather than individual trees, is strongly encouraged.
(2)
Landscaped screening without a 100% opaque fence, wall or berm shall be comprised of a minimum of one evergreen tree such as arborvitae, norway spruce, pitch pine, and eastern red cedar every six to 10 feet depending on the species, at least six feet high at time of planning, plus two supplemental shrubs at the reasonable discretion of the Planning Board and/or Zoning Board of Appeals. At the discretion of the reviewing Board, such vegetative screening may be modified, including the substitution of deciduous trees, when fencing, walls or berms are proposed to be used for screening.
E.
Stormwater management. The solar energy system shall be designed with the ground cover as pervious to the maximum extent practicable so that stormwater infiltrates as sheetflow across the system. If solar panels are constructed in such a manner as to promote effective infiltration of rainfall the solar energy system may be considered pervious for stormwater pollution prevention purposes. Other structures such as but not limited to transformers, buildings, or paved entrance roads shall still be considered impervious. The following criteria shall be used to establishing a solar energy system as pervious cover:
F.
Wetland protection. No solar energy system shall be installed on a designated wetland as defined by the New York State Department of Environmental Conservation, the U.S. Army Corps of Engineers, or other governing body.
G.
Protection of critical environmental areas. No solar energy system shall be installed on Critical Environmental Areas (CEAs) as defined by the New York State Department of Environmental Conservation, the U.S. Army Corps of Engineers, or other governing body.
H.
Protection of agricultural resources.
(1)
Any solar energy system located on lands that consist of prime farmland or farmland of statewide importance shall not exceed 50% of the area of prime farmland or farmland of statewide importance on the parcel.
(2)
To the maximum extent practicable, 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.
I.
Maintenance of natural vegetation and wildlife.
(1)
Vegetation shall be maintained below the solar panels. The ground shall not be tamped, compressed, or otherwise conditioned with herbicides or similar other treatment to inhibit the growth of natural vegetation. The Zoning Board of Appeals may allow for or require co-usage of the lands under and around installed solar panels for grazing or growing of crops that could be grown or harvested without damaging or interfering with solar facilities.
(2)
Native vegetation shall be maintained to the extent practicable by providing native perennial vegetation and foraging habitat beneficial to game birds, songbirds, and pollinators. To the extent practicable, when establishing perennial vegetation and beneficial foraging habitat, the owners shall use native plant species and seed mixes.
(3)
The Zoning Board of Appeals and Planning Board may require methods to mitigate adverse impacts to wildlife, wildlife habitats, travel corridors or migration routes. These may be but are not limited to use of LED lights to avoid attracting insects, netting to exclude birds from panel area, visual deterrence, use of roosting or perching prevention, fencing that allows for an eight inch to twelve-inch space at the bottom that allows wildlife passage, or other use of lights, colors or decoys.
J.
Underground requirements. All on-site utility lines shall be placed underground to the extent feasible and as permitted by the serving utility, 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.
K.
Vehicular paths. Vehicular paths within the site shall be designed to minimize the extent of impervious materials and soil compaction.
L.
Signage.
(1)
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.
(2)
As required by National Electric Code, 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.
M.
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.
N.
Ownership changes. If the owner or operator of the solar energy system changes or the owner of the property changes, the special use permit shall remain in effect, provided that the successor owner or operator assumes in writing all of the obligations of the special use 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 30 days of the ownership change.
§ 130-101 Special use permit application requirements for medium-scale and large-scale solar energy systems.
A.
Requirements for all medium-scale and large-scale solar energy system applications. The application materials as required in § 130-55, Application for special use approval, shall be supplemented by the submission of the following materials and information for all medium-scale and large-scale solar energy systems:
(1)
If the property of the proposed project is to be leased, legal consent between all parties, including easements and other agreements.
(2)
Blueprints showing the layout of the solar energy system signed by a professional engineer or registered architect. Plans shall show the proposed layout of the entire solar energy system along with a description of all components, whether on site or off site, existing vegetation, existing or proposed access, gates, parking areas, mounting systems, inverters, panels, fencing, proposed clearing and grading of all sites involved, and proposed buffering and screening.
(3)
Stormwater runoff calculations, drainage plan, clearing and grading plan. The clearing and grading plan shall also include methods to stockpile, reduce erosion of, and reuse all topsoil from the site. If one acre or more of land is to be disturbed, the applicant shall also submit a stormwater pollution prevention plan consistent with NYS DEC requirements. Clearing and/or grading activities are subject to review by the Planning Board as part of site plan review and shall not commence until the issuance of site plan.
(4)
Part I of the full environmental assessment form filled out, unless deemed a Type II action pursuant to Part 617 (SEQR).
(5)
Details of any proposed noise that may be generated by inverter fans, or other noise generating equipment that may be included in the proposal. The Zoning Board of Appeals may require a noise analysis to determine potential adverse noise impacts.
(6)
Property operation and maintenance plan. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing and trimming, and fence maintenance as well as any proposed use of pesticides or herbicides.
(7)
Landscaping/screening plan. Such plan shall describe the methods and types of screening that is proposed, including but not limited to existing vegetation, topography, fencing and structures, and also detailing the number, location and species of vegetation to be planted on site and the size and extent of berms. Such plan shall also include appropriate performance criteria specifying minimum plant sizes and measures to be taken in the event that the proposed vegetation fails to survive, flourish or otherwise meet said performance criteria.
(8)
A location map of the connection point to the grid shall be provided along with a description of any easements or right-of-ways, clearing, infrastructure, appurtenances, and equipment that may be necessary or required to connect to the grid.
B.
Applications for large-scale solar energy systems. The following supplemental information shall be required in for all large-scale solar energy systems in addition to the requirements in Subsection A above:
(1)
Identification of wildlife species that may use the parcel including potential wildlife travel corridors, migration paths (including both ground and aerial pathways), or critical habitats. The site plan and supporting application shall include an on-site evaluation of wildlife species that may use or migrate through the project site. Any lake or waterbody within 1/2 mile shall also be identified on the site plan.
(2)
Photo simulations showing the proposed large-scale solar energy system in relation to the building/site along with elevation views and dimensions, and manufacturer's specifications and photos of the proposed large-scale solar energy system, solar collectors, and all other components. Photo simulations may be required to be provided from specific roads or other public areas that may be impacted as part of the special use permit review. In the course of its review of a proposal for development of a large- scale solar facility, the Zoning Board of Appeals or Planning Board may require an applicant to submit a viewshed analysis that meets the procedures identified within the New York State Department of Environmental Conservation's SEQRA publication entitled "Assessing and Mitigating Environmental Impacts."
(3)
The applicant shall provide written confirmation that the electric grid has the capacity to support the energy generated from the proposed large-scale solar energy system at its maximum peak design. A location map of the connection point to the grid shall be provided along with a description of any easements or rights-of-way, clearing, infrastructure, appurtenances, and equipment that may be necessary or required to connect to the grid.
(4)
Decommissioning plan. To ensure the proper removal of large-scale solar energy systems, a decommissioning plan shall be submitted as part of the application. Compliance with this decommissioning plan shall be made a condition of the approval under this section. The decommissioning plan must specify that after the large-scale solar energy system can no longer be used, it shall be removed by the applicant or any subsequent owner. The decommissioning plan shall also include:
(a)
Provisions describing the triggering events for decommissioning of the solar energy facility;
(b)
Provisions for the removal of structures, debris and cabling, including those below the soil surface;
(c)
Provisions for the restoration of the soil and vegetation. The plan shall demonstrate how the removal of all infrastructure and the remediation of soil and vegetation shall be conducted to return the parcel to its original state prior to construction.
(d)
A timetable approved by the Planning Board for site restoration;
(e)
An estimate of the decommissioning costs certified by a professional engineer. A cost estimate detailing the projected cost of executing the decommissioning plan shall be prepared by a professional engineer or contractor. Cost estimations shall consider inflation. Removal of large-scale solar energy system must be completed in accordance with the decommissioning plan.
(f)
Financial assurance as required in § 130-103 of this article, secured by the owner or operator, for the purpose of adequately performing decommissioning. The financial assurance shall be reviewed by the Town Attorney annually to ensure the owner or operator and bond maintain the necessary assurances for decommissioning;
(g)
Identification of and procedures for Town access to financial assurances;
(h)
A provision that the terms of the decommissioning plan shall be binding upon the owner or operator or any of their successors, assigns, or heirs;
(i)
A provision that the Town, its officials, employees, agents or contractors, shall have the right of access to the site, pursuant to reasonable notice, to effectuate or complete removal and decommissioning; and
(j)
The plan shall also include an expected timeline for execution.
§ 130-102 Permit time frame and abandonment.
A.
If the applicant for a large-scale solar energy system 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. 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.
B.
Upon cessation of activity of a constructed large-scale solar energy system 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.
C.
If the owner and/or operator fails to fully implement the decommissioning plan within the 180-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 defaulted owner and/or operator. The cost incurred by the Town shall be assessed against the property, shall become a lien and tax upon the property, and shall be enforced and collected with interest by the same officer and in the same manner as other taxes.
D.
If in the course of the delivery, installation, maintenance, dismantling, removal or transport of the solar energy system or any components thereof the property of the Town, including but not limited to roadways, shoulders, drainage structures, signage, guide rails, etc., is damaged by the efforts of the applicant or any agents thereof, the applicant shall, within 30 days of the damage, completely replace or repair all damage to the satisfaction of the Town.
§ 130-103 Financial assurance for decommissioning.
A.
For all large-scale solar systems, the deposit, executions, or filing with the Town Clerk of cash, bond, or other form of security reasonably acceptable to the Town attorney and/or engineer, shall be 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 restorations of the site subsequent to removal. The amount of the bond or security shall be 125% of the cost of removal of the large-scale solar energy system and restoration of the property with an escalator of 2% annually for the life of the large-scale solar energy system. The decommissioning amount shall be reduced by the amount of the estimated salvage value of the large-scale solar energy system.
B.
In the event of default upon performance of such conditions, after proper notice and expiration of any cure periods, the cash deposit, bond, or security shall be forfeited to the Town, which shall be entitled to maintain an action thereon. The cash deposit, bond, or security shall remain in full force and effect until restoration of the property as set forth in the decommissioning plan is completed.
§ 130-104 Review costs.
The applicant for medium- or large-scale solar energy systems, whether it requires state or local siting approval, shall deliver to the Town Board, along with its application if local approval is sought, and concurrent with the filing of an Article 10 application with the state, if applicable, an amount equal to 1% of the estimated cost of the project (the initial deposit). This sum shall be held by the Town in a non-interest-bearing account, and these funds shall be available to the Town to pay consultants and attorneys engaged by the Town to assist in application review if a local permit is sought, and to pay consultants and attorneys engaged by the Town to assist in review of an Article 10 application should awarded intervenor funds be insufficient to fully participate in the Article 10 process or should intervenor funds be otherwise exhausted. Following the grant or denial of the state or local application, the Town shall return to the applicant any excess remaining in escrow. If the escrow account has been depleted prior to grant or denial of the application, the applicant shall deposit such funds necessary for the Town to pay any outstanding fees to said consultants.