The Town of Marion recognizes that solar energy is a clean, readily available, and renewable energy source. The intent of this article is to set provisions for the placement, design, construction, and operation of such systems to uphold the public health, safety, and welfare; and to ensure that such systems will not have a significant adverse impact on the aesthetic qualities and character of the Town.

The purpose of this article is to amend language in the Zoning Law to adequately regulate solar energy systems, while advancing and protecting the public health, safety and welfare of the Town of Marion, including:

These amendments to the Zoning Law including adding § 308-47 are intended to promote the effective and efficient use of solar energy systems; and that the present zoning regulations in the Town do not adequately address this type of use. The Town of Marion has determined that comprehensive regulations regarding the development of solar energy systems are necessary to protect the interests of the Town, its residents, and its businesses.

In all zones, all solar energy or solar thermal energy installations, except residential roof-mounted installations, shall require a special use permit following procedures outlined in Article IV in the Town of Marion Zoning Law.

All equipment except collecting solar panels shall be enclosed, or underground, and secured from inadvertent access. A building permit to show compliance with all building codes for structural and fire safety shall be obtained from the appropriate agency. Verification must be provided that reflection and electromagnetic interference are of equal or less impact than manufacturers' specifications and "generally accepted standards."

All types of solar installations are permitted under this article in the commercial and industrial zones with a special use permit and site plan review approval except as noted herein.

All residential solar installations, ground mounted, are permitted by special use permit if meeting all the safety, size, and setback requirements in this article and all requirements for accessory uses elsewhere in the Town of Marion Zoning Law.

Modifications to solar energy systems or solar heat systems that change the scale, design, scope, or purpose of the system require review and/or resubmission to the Town Planning Board.

Collective solar systems are permitted in any district with joint application by all owners and users of the products generated and all landowners. A written agreement must be presented, signed by all involved.

In the H-R Zone, and on all nonconforming-in-size lots, only roof-mounted solar energy systems shall be installed.

Vegetation shall not be removed within 30 feet of a natural or man-made water-course or body for the purpose of installation or improving function of a solar energy system and, if damaged, shall be repaired and restored.

Roof-mounted solar energy systems. Roof-mounted solar energy systems that primarily use the electricity on site are permitted as an accessory use in all zoning districts when attached to any lawfully permitted building or structure subject to the following:

Ground-mounted solar energy systems. Ground-mounted solar energy systems that primarily use on site the electricity produced are permitted as an accessory use in all zoning districts subject to the following:

Large-scale solar energy systems. Large-scale solar energy systems are permitted within the B-1 Business District and the I-Industrial District as a primary use or as an accessory use upon issuance of a special use permit and site plan approval by the Town of Marion Planning Board, consistent with the requirements of the Town of Marion Zoning Law. In these B-1 and I-1 Districts, as a primary use, up to 50% lot coverage is permitted. As accessory use, 20% of the lot may be used for the solar installation. A buffer must be installed and the solar installation must be greater than 250 feet from a residence.

Large-scale solar energy systems are permitted within the A-C, Agriculture-Conservation as an accessory use (i.e., on the same parcel) to support agriculture production activities up to 120% of actual annual usage as verified by the most recent three years of electricity use. It must be located 65 feet from right-of-way lines, 50 feet from a neighboring property line, and 250 feet from a residence. It will be constructed with a minimum underside clearance of three feet and shall have maximum height of 25 feet.

Large-scale solar energy systems are permitted within the A-C, Agriculture-Conservation Zone if such systems are producing electricity or heat primarily (more than 20%) for off-premises sale or consumption. This nonagricultural (industrial) use will have the following additional stipulations apply:

If the property of the proposed project is to be leased, legal consent between all parties, specifying the use(s) of the land for the duration of the project, including easements and other agreements, shall be submitted.

Blueprints showing the layout of the solar energy system signed by a professional engineer or registered architect shall be required.

The equipment specification sheets shall be documented and submitted for all photovoltaic panels, significant components, mounting systems, and inverters that are to be installed.

Property operation and maintenance plans that shall describe continuing photovoltaic maintenance and property upkeep, such as mowing and trimming.

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 plan shall be made a condition of the issuance of a special use permit 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 plan shall demonstrate how the removal of all infrastructures and the remediation of soil and vegetation shall be conducted to return the parcel to its original state prior to construction. The plan shall also include an expected 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. Removal of large-scale solar energy systems must be completed in accordance with the decommissioning plan. If the large-scale solar energy system is not considered decommissioned after being considered abandoned, the municipality may remove the system and restore the property and impose a lien on the property to cover the costs to the municipality.

Bond. Proof of a bond with a surety recognized with the Town shall be filed with the Town for one-and-one-half times the cost estimate (alternatively, either an inflation clause using an acceptable index of inflation shall be negotiated or a lesser amount shall be negotiated if deemed adequate by an independent review and acceptable by the Town Board) based on details of the projected cost of executing the decommissioning plan and shall be provided along with the decommissioning plan. A guaranteed letter of credit or cash may be considered in place of a bond if similarly reviewed and accepted. In lieu of posting a bond, the owner or developer shall be permitted to pay to the Town of Marion an amount deemed sufficient by the Zoning Board of Appeals to cover the cost of decommissioning. The cost estimate will be prepared by a professional or contractor. The fund amount shall be paid to the Town upon completion of the grid interconnection or may be paid in annual installments over a period of five years, the first payment being made at the time of grid interconnection. The owner or developer posting funds pursuant to this section shall not earn any interest on the funds posted. The Town shall be permitted to utilize the posted funds to remove the facilities in the event the owner or developer refuses to do so pursuant to the requirements of this chapter. Any funds posted by the owner or developer remaining after the Town causes the facilities to be removed shall be returned to the owner or the developer.

PILOT (payment in lieu of taxes). The owner of land on which any solar system installed pursuant to this statute that qualifies for an exemption pursuant to Real Property Tax Law § 487 shall enter into a payment-in-lieu-of-taxes agreement with the Town of Marion for a period not to exceed 15 years and not to exceed the amount the property owner would have been exempt pursuant to § 487.

Height. Large-scale solar energy systems shall not exceed 25 feet in height when ground mounted. Roof-mounted systems shall adhere to the height requirements of the underlying zoning district and provisions elsewhere in this § 308-47.

Setbacks. All solar energy systems shall adhere to the setback requirements of the underlying zoning district.

Lot size. Large-scale energy systems shall be located on lots with a minimum lot size of 10 acres.

Solar panels shall not occupy more than 20% of the lot except as allowed elsewhere in this § 308-47.

All large-scale solar energy systems shall be enclosed by fencing to prevent unauthorized access. Warning signs with the owner's contact information shall be placed on the entrance and perimeter of the fencing.

Reasonable accessibility for emergency services vehicles shall be required and no photovoltaic system shall be permitted or installed until evidence has been given to the Town Clerk that the local fire department has been notified and verification that fire department concerns have been addressed.

To the extent practical, all new distribution lines to any building, structure or utility connection must be located below ground.

All solar energy equipment must have a UL listing or equivalent.

All active large-scale solar energy systems shall meet all requirements of the New York State Energy Research and Development Authority and the New York Uniform Fire Prevention and Building Code and shall be inspected by the Town of Marion Code Enforcement Officer.

Utility notification. No grid-tied photovoltaic system shall be installed until evidence has been given to the Town Board that the owner has been approved by the utility company to install the system. Off-grid systems shall be exempt from this requirement.

Buffer zones shall be proposed and require approval of the Town of Marion Planning Board during the permitting process. There shall be plantings/fencing on the right-of-way side of the perimeter fencing, to screen the solar structures.

Appropriate review shall be undertaken to determine the potential environmental impact of a project, including a State Environmental Quality Review, as well as site plan review as outlined in the Town of Marion Zoning Law.

No two or more parcels, whether one or multiple owners, may support one solar energy system installation.

A solar energy system special use permit must be reviewed every five years. This process would involve return to the approving agency to review compliance and also to consider any changes or upgrades the applicant may wish to consider.

Abandonment. Solar energy systems are considered abandoned after 366 days without electrical energy generation and must be removed from the property within one year of written notice.

All permitting fees for solar energy systems shall be governed by § 308-30 of this chapter.

Penalties for a violation of this chapter shall be governed by § 308-4.