Montgomery Town City Zoning Code
§ 235-11.12
Solar siting.
A.
Purpose and intent.
(1)
Solar energy is a renewable and nonpolluting resource that can prevent fossil fuel emissions and reduce a municipality's energy load. Energy generated from solar energy systems can be used to offset energy demand on the grid where excess solar power is generated.
(2)
The use of solar energy equipment for the purpose of providing electricity and energy for heating and/or cooling is a priority and is a necessary component of the Town of Montgomery's current and long-term sustainability needs.
(3)
This section aims to promote the accommodation of solar energy systems and equipment and to balance the potential impact on neighbors when solar collectors may be installed near their property while preserving the rights of property owners to install solar energy systems without excess regulation. In particular, this legislation is intended to apply to all rooftop, building-mounted, ground-mounted, and pole-mounted solar energy system installations.
B. ALTERNATIVE ENERGY SYSTEMS BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV) SYSTEMS COLLECTIVE SOLAR DUAL-USE SOLAR SYSTEM FLUSH-MOUNTED SOLAR PANEL FREESTANDING OR GROUND-MOUNTED SOLAR ENERGY SYSTEM GLARE NET-METERING PERMIT GRANTING AUTHORITY PHOTOVOLTAIC (PV) SYSTEMS QUALIFIED SOLAR INSTALLER ROOFTOP OR BUILDING-MOUNTED SOLAR SYSTEM SETBACK SMALL-SCALE SOLAR SOLAR ACCESS SOLAR COLLECTOR SOLAR ENERGY EQUIPMENT/SYSTEM SOLAR PANEL SOLAR STORAGE BATTERIES SOLAR STORAGE BATTERY SOLAR-THERMAL SYSTEMS UTILITY-SCALE SOLAR
Definitions. As used in § 235-11.12, the following terms shall have the meanings indicated, unless the context or subject matter requires otherwise. The definitions contained in § 235-3 shall also apply.
Structures, equipment, devices or construction techniques used for the production of heat, light, cooling, electricity or other forms of energy on site and may be attached to or separate from the principal structure.
A solar energy system that consist of integrating photovoltaic modules into the building structure, such as the roof or the facade and which does not alter the relief of the roof.
Solar installations owned collectively through subdivision homeowners' associations, college student groups, "adopt-a-solar-panel" programs, or other similar arrangements.
A configuration where solar energy generation and agricultural production (crops, livestock and livestock products and activities as defined by the Agriculture and Markets Law) are directly integrated within the same land.
[Added 10-6-2022 by L.L. No. 11-2022]
A photovoltaic panel or tile that is installed flush to the surface of a roof and which cannot be angled or raised.
A solar energy system that is directly 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 § 235-11.12.
The effect produced by reflections of light in intensity sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.
A billing arrangement that allows solar customers to get credit for excess electricity that they generate and deliver back to the grid so that they only pay for their net electricity usage at the end of the month.
The Town of Montgomery Building Department, which is charged with granting permits for the operation of solar energy systems.
A solar energy system that produces electricity by the use of semiconductor devices, called "photovoltaic cells," that generate electricity whenever light strikes them.
A person who has skills and knowledge related to the construction and operation of solar electrical equipment and installation 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. Persons who are not on NYSERDA's list of eligible installers or NABCEP's list of certified installers may be deemed to be qualified solar installers if the Town Building Inspector or such other Town officer or employee as the Town Board designates determines such persons have had adequate training to determine the degree and extent of the hazard and the personal protective equipment and job planning necessary to perform the installation safely. Such training shall include the proper use of special precautionary techniques and personal protective equipment, as well as the skills and techniques necessary to distinguish exposed energized parts from other parts of electrical equipment and to determine the nominal voltage of exposed live parts.
A solar power 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.
The distance from a front lot line, side lot line, or rear lot line of a parcel within which a freestanding or ground-mounted solar energy system is installed.
Solar energy equipment/systems that are designed to produce up to 10 kilowatts (kW) per hour of power and built to provide power for use by owners, lessees, tenants, residents or other occupants of the premises on which they are erected, and not intended for wholesale or retail sale of electricity.
Space open to the sun and clear of overhangs or shade including the orientation of streets and lots to the sun so as to permit the use of active and/or passive solar energy systems on individual properties.
A solar photovoltaic cell, panel, or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat.
Solar collectors, controls, energy storage devices, heat pumps, heat exchangers, and other materials, hardware or equipment necessary to the process by which solar radiation is collected, converted into another form of energy, stored, protected from unnecessary dissipation and distributed. Solar systems include solar thermal, photovoltaic and concentrated solar. For the purposes of § 235-11.12, a solar energy system does not include any solar energy system of four square feet in size or less.
A device for the direct conversion of solar energy into electricity.
A battery attached to any type of solar energy system for the purpose of storing energy.
A device that stores energy from the sun and makes it available in an electrical form.
Solar thermal systems directly heat water or other liquid using sunlight. The heated liquid is used for such purposes as space heating and cooling, domestic hot water, and heating pool water.
Energy generation facility or area of land principally used to convert solar energy to electricity, whether by photovoltaics, concentrating solar thermal devices or various experimental solar technologies, with the primary purpose of wholesale or retail sales of electricity for off-site customers or consumption. A utility-scale solar facility is not to be construed as a public utility for purposes of the Zoning Law of the Town of Montgomery.
C.
Applicability.
(1)
The requirements of § 235-11.12 shall apply to all solar energy systems and equipment installations modified or installed after the effective date of this chapter.
(2)
Solar energy system installations for which a valid building permit has been issued or, if no building permit is presently required, for which installation has commenced before the effective date of this chapter shall not be required to meet the requirements of this chapter. Further, the provisions of this chapter shall not apply to any application pending before the Town of Montgomery Planning Board which includes any solar energy equipment/system and/or solar panel for which a Planning Board public hearing has been duly noticed and opened by the Planning Board. Otherwise, the provisions of this chapter shall apply to all other applications filed with the Town of Montgomery which include any solar energy equipment/system and/or solar panel.
(3)
All solar energy systems shall be designed, erected and installed in accordance with all applicable codes, regulations and industry standards as referenced in the State Building Code and the Town Code.
(4)
Solar collectors, unless part of a utility-scale solar facility, shall be permitted only to provide power for use by owner, lessees, tenants, residents, or other occupants of the premises on which they are erected, but nothing contained in this provision shall be construed to prohibit "collective solar" installation or the sale of excess power through a "net billing" or "net-metering" arrangement in accordance with New York Public Service Law § 66-j or similar state or federal statute.
D.
Small-scale solar facility regulations.
(1)
No small-scale solar energy system or device shall be installed or operated in the Town except in compliance with § 235-11.12D.
(2)
Rooftop and building-mounted solar collectors. Rooftop and building-mounted solar collectors are permitted in all zoning districts in the Town subject to the following conditions:
(a)
Building permits shall be required for installation of all rooftop and building-mounted solar collectors.
(b)
Rooftop and building-mounted solar collectors shall not exceed the maximum allowed height of the principal use in any zoning district.
(c)
In order to ensure firefighter and other emergency responder safety, except in the case of accessory buildings under 1,000 square feet in area, there shall be a minimum perimeter area around the edge of the roof and structurally supported pathways to provide space on the roof for walking around all rooftop and building-mounted solar collectors.
[2]
Exceptions to these requirements may be requested where access, pathway or ventilation requirements are reduced to:
[a]
Unique site-specific limitations;
[b]
Alternative access opportunities (as from adjoining roofs);
[c]
Ground level access to the roof area in question;
[d]
Other adequate ventilation opportunities when approved by the Town Building Inspector;
[e]
Adequate ventilation opportunities afforded by panel set back from other rooftop equipment (for example, shading or structural constraints may leave significant areas open for ventilation near HVAC equipment);
[f]
Automatic ventilation device; or
[g]
New technology, methods, or other innovations that ensure adequate emergency responder access, pathways and ventilation opportunities.
(3)
Building-integrated photovoltaic (BIPV) systems. BIPV systems are permitted in all zoning districts and shall be shown on the plans submitted for the building permit application for the building containing the system.
(4)
Freestanding or ground-mounted solar energy systems. Freestanding or ground-mounted solar collectors are permitted as accessory structures in all zoning districts of the Town subject to the following conditions:
(a)
Building permits are required for the installation of all ground-mounted and freestanding solar collectors;
(b)
In all residential zoning districts, including mobile home parks, the minimum setback for small-scale freestanding or ground-mounted solar energy shall meet the applicable setback requirements for accessory structures for the applicable residential zoning district;
[Amended 10-6-2022 by L.L. No. 11-2022]
(c)
In all residential zoning districts, including mobile home parks small-scale freestanding or ground-mounted solar energy systems may only be installed in a rear yard or side yard, unless the landowner can demonstrate that it is only practical to locate the system in the front yard and that such system can be appropriately screened from neighboring properties as determined by the Planning Board;
[Amended 10-6-2022 by L.L. No. 11-2022]
(d)
In all commercial, interchange, and industrial zoning districts, the minimum setback for small-scale freestanding or ground-mounted solar energy systems shall be 100% of the applicable setback requirements for accessory structures for the applicable commercial, interchange, or industrial zoning district, subject to the more restrictive front yard setback set forth in § 235-11.12D(4)(e);
(e)
In all business and industrial zoning districts, small-scale, freestanding or ground-mounted solar energy systems may be installed in the rear, side, or front yard; however, such systems may be installed in the front yard with a minimum setback of 50 feet except that in the RA-0.5 and I-1 Zoning Districts, the front yards shall be the same as the minimum amounts required for said zone and in the RA-1 Zoning District the front yard requirement shall be the same as the most restrictive amount provided in the applicable bulk table;
[Amended 10-6-2022 by L.L. No. 11-2022]
(f)
The setback requirements shall be measured from the closest point of any part of the solar energy equipment to the property line, including, but not limited to, the solar panel surface or any appurtenant equipment;
(g)
The height of the solar collector and any mounts shall not exceed 20 feet when oriented at maximum tilt;
(h)
Ground-mounted and freestanding solar collectors shall be screened from adjoining lots and street rights-of-way through the use of screening devices such as architectural features, earth berms, landscaping, fencing, or other screening which will harmonize with the character of the property and surrounding area. The proposed screening shall not interfere with normal operation of the solar collectors;
(i)
Solar energy equipment shall be located in a manner to reasonably minimize view blockage for surrounding properties and shading of property to the north, while still providing adequate solar access for collectors;
(j)
Solar energy equipment shall not be sited within any required buffer area, or open lands included as part of a cluster subdivision pursuant to the Town of Montgomery Zoning Law;
(k)
The total surface area of all ground-mounted and freestanding solar collectors on a lot shall not exceed the area of the ground covered by the building structure of the largest building on the lot measured from the exterior walls, excluding patios, decks, balconies, screened and open porches and attached garages, provided that nonresidential placements exceeding this size may be approved by the Planning Board, subject to site plan review pursuant § 235-16.5;
(5)
Solar-thermal systems. Solar-thermal systems are permitted in all zoning districts subject to the following conditions:
(a)
Building permits are required for the installation of all solar-thermal systems;
(b)
Ground-mounted and freestanding solar-thermal systems shall be subject to the same requirements set forth in § 235-11.12D(4) above as for ground-mounted and freestanding solar collectors.
(7)
Solar collectors and related equipment shall be surfaced, designed and sited so as not to reflect glare onto adjacent properties and roadways.
E.
Small-scale solar facility safety and removal.
(1)
All solar collector installations must be performed by a qualified solar installer.
(2)
Prior to operation, electrical connections must be inspected by a Town Code Enforcement Officer and by an appropriate electrical inspection person or agency, as determined by the Town.
(3)
Any connection to the public utility grid must be inspected by the appropriate public utility.
(4)
Solar energy systems shall be maintained in good working order.
(5)
Rooftop and building-mounted solar collectors shall meet New York's Uniform Fire Prevention and Building Code standards.
(6)
If 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 the Town and other applicable laws and regulations.
(7)
If the use of small scale solar equipment/system ceases for more than 12 consecutive months, the property owner shall remove the collector, mount and associated equipment by no later than 90 days after the end of the twelve-month period.
(8)
Solar energy systems and equipment shall be marked in order to provide emergency responders with appropriate warning and guidance with respect to isolating the solar electric system. Materials used for marking shall be weather resistant. For residential applications, the marking may be placed within the main service disconnect. If the main service disconnect is operable with the service panel closed, then the marking should be placed on the outside cover. For commercial application, the marking shall be placed adjacent to the main service disconnect in a location clearly visible from the location where the lever is operated. In the event any of the standards in this § 235-11.12E(8) for markings are more stringent than applicable provisions of the New York State Uniform Fire Prevention and Building Code (the "State Code"), they shall be deemed to be guidelines only and the standards of the State Code shall apply.
F.
Utility-scale solar facility regulations.
(1)
Applicability.
(a)
A special use permit and site plan review by the Planning Board shall be required for all utility-scale solar energy systems.
(b)
In order to promote innovative design and encourage the inclusion of alternative energy systems within the overall design of a building, solar energy systems determined by the Code Enforcement Officer to be building-integrated photovoltaic (BIPV) systems, as defined herein, are exempt from the requirements of this section. BIPV systems are still required to meet applicable building codes and obtain all necessary permits. The Code Enforcement Officer may request assistance from the Planning Board to determine whether a solar energy system should be considered a BIPV system.
(2)
Applications, permits and approvals required and applicable zoning district.
(a)
Utility-scale solar facilities are permitted especially in all zoning districts in the Town of Montgomery except for land areas in residential or agricultural zoning districts where more than 30% of land to be disturbed by the solar energy system has been classified as having NRCS Class I or Class II soils, unless said system is classified as a dual-use system in which event this restriction shall not apply, and subject to compliance with the application review and approval process set forth in § 235-11.12F in compliance with all other applicable Town, state and/or federal requirements.
[Amended 10-6-2022 by L.L. No. 11-2022]
[1]
Utility-scale solar facilities shall be sited to avoid productive farmland, steep slopes, ridgelines, wetlands and may not be erected on lands that are permanently designated as open space. In connection with its analysis of productive farmland, the Planning Board shall require the soil types and classifications, such as "prime" and "lands of importance," and current agricultural uses be provided. For the purpose of this chapter, productive farmland shall be analyzed against the following uses provided in their order of importance to the Town:
[2]
Utility-scale solar facilities shall not be permitted within 10 feet of any ridgelines of slopes exceeding 15%. Said slope shall be determined by a slope analysis plan that shall be prepared by the applicant and/or owner at the direction of the Planning Board Engineer. The slope analysis plan shall identify all slopes on the project site and shall calculate an average slope of the project site. A project site shall be defined as the area where construction is proposed. A "ridgeline" shall be defined as an edge or shelf formed below a ridge top by the intersection of a hillside that has an average slope of at least 15% over an increase in elevation of at least 20 feet with land with a slope of less than 10% or by land that slopes in the opposite direction. "Ridge top" shall be defined as the crest of a long hill that has at least one side with an average slope of at least 15% over an increase in elevation of at least 20 feet.
[3]
All applications for utility-scale solar energy systems shall be accompanied by an application for special use permit and site plan review, and all applicable fees as may be established by Town Board resolution. Both site plan and special use permit reviews and approvals are required. The Planning Board shall, however, concurrently review the site plan and special use permit applications.
(b)
The Town shall require any applicant to pay all associated costs for any application review, including but not limited to engineering, legal, environmental, planning, and the review required under SEQRA.
(c)
In the event an owner or developer of a utility-scale solar facility provides written notification pursuant to New York Real Property Tax Law § 487(9)(a) to any taxing jurisdiction of its intent to construct such utility-scale solar facility, the Planning Board shall simultaneously be provided a copy of such notification by such owner or developer as part of any special use permit and site plan application hereunder, and in such event, the special use permit and site plan application shall not be complete until such written notification is provided to the Planning Board. The owner or developer must also provide a copy of such written notification under New York Real Property Tax Law § 487(9)(a) to the Town Clerk and to the Town Board. Said written notification shall not be deemed submitted as required to effectuate notice pursuant to New York Real Property Tax Law § 487(9)(a) unless the written notice references the correct owner and associated address and section block and lot parcel number. It is the intent of the Town of Montgomery to require a contract for payment in lieu of taxes for all utility-scale solar facilities. The PILOT yearly payment amount may be set by Town Board resolution and shall be determined and approved by the Town Board for each project.
(d)
All applications for utility-scale solar energy systems shall include the following:
[1]
A completed application form, which shall expressly state that all utility-scale solar facilities shall be subject to an agreement for payment in lieu of taxes to the Town of Montgomery.
[2]
Plans and drawings of the solar energy system installation signed by a professional engineer registered in New York State showing the proposed layout of the entire solar energy system along with a description of all components, whether on site or off site, existing vegetation and proposed clearing and grading of all sites involved. Clearing and/or grading activities are subject to review by the Planning Board and shall not commence until the issuance of site plan approval.
[3]
An electrical diagram detailing the solar energy system installation, associated components, and electrical interconnection methods, with all disconnects and overcurrent devices identified.
[4]
Documentation of access to the project site(s), including location of all access roads, gates, and parking areas.
[5]
A land grading and vegetation clearing plan, and a cut and fill analysis plan, shall be prepared. Existing on-site vegetation designated to be utilized as screening shall be preserved to the maximum extent possible and shall be diligently maintained to protect its vitality. Site plans shall be developed to provide, to the maximum extent possible, for the preservation of natural vegetation in large unbroken blocks that also allows for contiguous vegetated spaces to be established when adjacent parcels are developed. In addition, for dual-use systems, a farm plan shall be prepared by a qualified agricultural expert that is deemed acceptable by the Planning Board. This plan shall adequately demonstrate the feasibility of an agricultural operation within the area of the solar array infrastructure including the use of and access necessary to provide water, labor and equipment necessary to facilitate such dual-use system.
[Amended 10-6-2022 by L.L. No. 11-2022]
[6]
A stormwater, erosion, and slope analysis of the land shall be required to be assessed by a New York State licensed professional engineer for the site and any road used to access the site. The applicant shall comply with the State Pollutant Discharge Elimination System guidelines. A SWPPP (stormwater pollution prevention plan) shall be prepared as per NYSDEC requirements to detail stormwater runoff management and erosion control plans for the site, and all local stormwater regulations shall be complied with.
[7]
Documentation of utility notification, including an electric service order number.
[8]
Decommissioning plan and description of financial surety that satisfies the Town that all required improvements shall be made for utility-scale systems only. For all utility-scale solar energy systems, the applicant shall submit a decommissioning plan for review and approval as part of the special use permit application. The decommissioning plan shall identify the anticipated life of the project, method and process for removing all components of the solar energy system and returning the site to its preexisting condition, and estimated decommissioning costs, including any salvage value.
[9]
Photo simulations shall be included showing the proposed solar energy system in relation to the building/site along with elevation views and dimensions, and manufacturer's specifications and photographs of the proposed solar energy system, solar collectors, and all other components.
[10]
Part I of the Full Environmental Assessment Form completed and signed.
[11]
Details of the proposed noise that may be generated by inverter fans. The Planning Board may require a noise analysis to determine potential adverse noise impacts.
[12]
Compliance with all of the general standards for all special use permits and site plan approvals as set forth elsewhere in this chapter.
(3)
General provisions. All applications for utility-scale solar energy systems shall be in accordance with the following:
(a)
All utility-scale solar energy systems shall adhere to all applicable Town of Montgomery building, plumbing, electrical, and fire codes.
(b)
A utility-scale solar energy system shall not occupy greater than 45% of the total acreage of the parent parcel or 80% for dual-use systems in all residential, business and industrial zones with a maximum of 20 acres of solar panel systems on any one parcel, unless such system is a dual-use solar system in which instance the maximum will be 40 acres. A parent parcel shall not be subdivided to create independent lots for the purpose of proposing more than one utility-scale energy system unless such a system is a dual-use solar system and the Planning Board finds that based upon the evidence submitted the subdivision is necessary to achieve agricultural productivity of such a dual-use solar system. For any system, the percentage of total acreage that is appropriate shall be determined by the Planning Board based upon the specific type of solar farm being proposed. The percentage of lot coverage for utility solar shall be measured based upon the perimeter of the total fenced in area that the solar equipment is situated and will not include any required setbacks or buffers and shall not be based on each individual panel and/or equipment. If such system is a dual-use solar system, the percentage of lot coverage will be based upon the area upon which the solar equipment is situated, not including the area between the solar equipment and perimeter fence.
[Amended 10-6-2022 by L.L. No. 11-2022]
(c)
Development and operation of a solar energy system shall not have a significant adverse impact on fish, wildlife, or plant species or their critical habitats, or other significant habitats identified by the Town of Montgomery or other federal or state regulatory agencies. Applicants shall use the adopted Town of Montgomery Comprehensive Plan, along with other site information, to identify and describe how the proposed utility-scale solar energy system shall avoid or mitigate adverse impacts to these resources. Lands which have the highest ecological values as evidenced by large, contiguous areas of forest, undisturbed drainage areas, wetlands, or NYSDEC-identified critical habitats or rare plant and animals populations shall be avoided.
(d)
In all zoning districts, the minimum setback for any component of the utility-scale solar energy system shall be as follows:
[1]
Front yard, a minimum setback of 50 feet must be maintained from the front property line in all zoning districts.
[Amended 10-6-2022 by L.L. No. 11-2022]
[2]
Rear and side yard, 100% of the applicable setback requirements for primary structures for the applicable zoning district must be maintained.
(e)
Any site containing a utility-scale solar energy system shall be enclosed by perimeter fencing at a height of seven feet to restrict unauthorized access, and if such system is a dual-use solar system, the height of the perimeter fencing may be increased as necessary to protect the agricultural component of the project. If such a system is a dual-use solar system, all setback areas can be included within the perimeter fence to ensure efficient agricultural operations. For utility-scale systems, said fencing shall incorporate adequate wildlife openings for smaller mammals and rodents to pass.
[Amended 10-6-2022 by L.L. No. 11-2022]
(f)
Previously cleared or disturbed areas are preferred locations for solar panel arrays. Additional land clearing of trees that are six inches in diameter at breast height or greater to accommodate a proposed utility-scale solar energy facility may be permitted, subject to the following conditions:
[1]
Clearing of trees covering an area of 15% of total lot acreage for utility-scale systems and 25% for dual-use systems may be completed without mitigation except that such tree clearing shall not apply to any screening requirements imposed by the Planning Board and the Planning Board retains full authority to require buffering and/or screening on such properties as it deems necessary or as required by the Town Code.
[Amended 10-6-2022 by L.L. No. 11-2022]
[2]
Clearing of trees covering an area in excess of 15% of the total parcel acreage but no more than 25% of the total parcel acreage for utility and 25% of the total parcel acreage for dual-use systems may be completed provided that the excess acreage cleared shall be offset by planting trees of an equivalent variety and coverage on the same lot and/or adjacent lot under common ownership. The percentage of tree clearing shall be determined by the Planning Board and shall be based upon the percentage necessary to conduct the particular type of solar farm being proposed. If offsetting tree planting occurs, the Planning Board may impose restrictions on future clearing of trees on the subject lot(s) as deemed appropriate.
[Amended 10-6-2022 by L.L. No. 11-2022]
[3]
The clearing of any tree listed on the New York State Big Tree Register maintained by the New York State Department of Environmental Conservation is prohibited.
(g)
Vegetation shall be maintained below the arrays. All solar facilities must follow herbicide protocol as determined and set by the Town Planning Board. Such herbicide policy shall be applied on a fact-specific basis as determined by the Town Planning Board.
(h)
The solar facility, including any proposed off-site infrastructure, shall be located and screened in such a way as to avoid to the maximum extent possible visual impacts as viewed from i) publicly dedicated roads and highways; and/or ii) existing residential dwellings located on nearby parcels, including, but not limited to, contiguous parcels, adjacent parcels and/or parcels located across a street, road, or public right-of-way from the solar facility. A berm, landscape screen, or other opaque enclosure, or any combination thereof acceptable to the Town that is capable of screening the site to the maximum extent possible from the aforementioned view sites, shall be provided. All solar facilities shall be situated on the parent parcel such that it allows for maximum screening possibilities. All landscaping for screening purposes shall be installed after a rough grading of the project site has been completed and shall be maintained at all times during and after the construction phase.
(i)
The design, construction, operation, and maintenance of any solar energy system shall prevent the misdirection and/or reflection of solar rays onto neighboring properties, public roads, and public parks in excess of that which already exists.
(j)
All structures and devices used to support solar collectors shall be nonreflective and/or painted a subtle or earth-tone color to aid in blending the facility into the existing environment.
(k)
All transmission lines and wiring associated with a solar energy system shall be buried and include necessary encasements in accordance with the National Electric Code and Town requirements. The Planning Board may recommend waiving this requirement if sufficient engineering data is submitted by the applicant to demonstrate that underground transmission lines are not feasible or practical. Financial or economic hardship shall not be considered in determining feasibility or practicality of placing lines or wiring underground. The applicant is required to show the location of all proposed overhead and underground electric utility lines, including substations and junction boxes and other electrical components, for the project on the site plan. All transmission lines and electrical wiring shall be in compliance with the utility company's requirements for interconnection.
(l)
Artificial lighting of solar energy systems shall be limited to lighting required for safety purposes and shall be shielded from all neighboring properties and public roads.
(m)
Any signage used to advertise the solar energy facility shall be in accordance with the Town's signage regulations. The manufacturers or installer's identification and appropriate warning signage shall be posted at the site and clearly visible.
(n)
The average height of the solar panel arrays shall not exceed 20 feet.
(o)
The parcel on which the utility-scale solar energy system is proposed shall have adequate frontage on a public roadway, and access to the solar energy system must be located on the same parcel.
(p)
Following construction of a utility-scale ground-mounted solar energy system, all distributed areas where soil has been exposed shall be reseeded with grass and/or planted with low-level vegetation capable of preventing soil erosion and airborne dust.
(q)
Special use permits granted for utility-scale solar energy systems shall be assignable or transferable to future landowners of that system on the approved parcel so long as they are in full compliance with § 235-11.12 and all conditions of the special use permit, and the Code Enforcement Officer is notified of the property transfer at least 15 days prior thereto.
(r)
Any post-construction changes or alterations to the solar energy system shall be done by amendment to the special use permit and site plan approval, and subject to the requirements of this chapter.
(s)
After completion of a utility-scale solar energy system, the applicant shall provide a post-construction certification from a professional engineer registered in New York State that the project complies with applicable codes and industry practices and has been constructed and is operating according to the design plans. The applicant shall further provide certification from the utility that the facility has been inspected and connected.
(t)
Documentation from the utility-scale solar energy system owner verifying that such system is in active operation shall be provided annually on January 15 to the Town of Montgomery Town Clerk and Code Enforcement Officer.
(u)
Landscaping.
[1]
Landscape screening shall be provided in accordance with the landscaping provisions of this chapter and as required by the approved final site plan and special use permit. Noninvasive ground cover under and between the rows of solar panels shall be low maintenance, drought resistant, and non-fertilizer-dependent.
[2]
The Planning Board shall require as a condition to special use permit and site plan approval the filing of acceptable security for a landscaping bond by the owner or operator with the Town in an amount and form acceptable to the Town Board for the purposes of ensuring adequate and appropriate screening and landscaping is completed and maintained by the applicant.
(v)
Debris, materials and/or mulch generated by site clearing or construction shall not be stockpiled on site.
(4)
Abandonment or decommissioning of utility-scale systems.
(a)
Utility-scale solar energy systems which have not been in active and continuous service for a period of 12 months shall be deemed abandoned and shall be removed at the owner's or operator's expense. The site shall be restored to as natural as a condition possible within six months of removal.
(b)
Decommissioning of a site shall occur when a site has been deemed abandoned, ceases to be used for its intended purpose for 12 months, or is deemed to be in a nonoperating state as determined by the Town Engineer or other Town official. Decommissioning shall include removal of all energy facilities, structures and equipment, including any subsurface wires and footings, from the parcel. Any access roads created for building or maintaining the systems shall also be removed and replanted with vegetation.
[1]
The Planning Board shall require as a condition to and prior to granting special use permit and site plan approval the filing of acceptable security by the owner or operator with the Town in an amount and form acceptable to the Town Board for the purposes of removal and restoration. The applicant for any type of solar panel system and/or array as provided herein shall be required to agree, in writing, to remove the system in accordance with § 235-11.12F above and as otherwise provided for in this section.
[2]
The amount of any decommissioning security shall be no less than 150% of the estimate of total cost of removal of the solar energy system and related facilities and restoration of the site. The amount of such security shall be reviewed every three years by the Planning Board to determine whether the current security amount is adequate. The costs of said review shall be borne entirely by the owner and/or operator.
[3]
Acceptable forms of security shall include cash or letter of credit that must be maintained in full force and effect, or a combination thereof. A bond shall only be allowed if deemed appropriate by the Town Board.
[4]
In the event that the facility is not removed within three months of abandonment and/or not restored to a natural condition within six months of abandonment, the Town may proceed with the following:
[a]
The Town may provide the owner and/or operator with a seven-day notice to comply with this section;
[b]
The Town may cause the subject solar site to be removed and the site be restored to the natural state using any funds in the decommissioning security funds;
[c]
Any and all actions necessary to complete the removal and restoration, and all incurred costs of the Town, are the responsibility of the owner and/or operator, and, as such, any costs that exceed the amount of the decommissioning security funds, or in the event that the decommissioning security funds are inaccessible or are otherwise unattainable to be used by the Town, the entire cost of removal and restoration of the subject site, shall be paid to the Town by the owner and/or operator of the site within 30 days of the work's completion. In the event payment is not made by the applicant within 30 days, the Town shall include any charges on the next scheduled billing for property tax on the property on which the system is located.
G.
Enforcement. In the case of any violation of this section, the Town may institute any appropriate action or proceeding in any court of competent jurisdiction against the landowner and/or operator of the solar energy equipment/system to prevent such unlawful action, to restrain, correct or abate such action, and to compel compliance with the provisions of this section. The relief specified herein may be sought in addition to an action or proceeding for criminal sanctions or civil penalties.
H.
Building permit fees for solar panels. The fees for all building permits required pursuant to this section shall be paid at the time each building permit application is submitted in such reasonable amount as the Town Board may by resolution establish and amend from time to time.
J.
Solar storage batteries.
(1)
If solar storage batteries (hereinafter referred to as "batteries") are included as part of the solar power system, batteries must be placed in a secure, waterproof container or enclosure suitable for prolonged exposure to the elements that meets the requirements of the New York State Fire Prevention and Building Code and other applicable laws and regulations when in use and when no longer used shall be disposed of in accordance with the laws and regulations of the State of New York, the Town of Montgomery and other applicable laws and regulations.
(2)
If batteries are included as part of the solar power system, appropriate fire suppression systems shall be included or proximity to existing fire suppression systems shall be taken into consideration as a part of site plan approval. Said fire suppression systems shall be referred to the local fire department that has jurisdiction over the area where the solar power system is located for comment prior to final site plan approval and shall be notified of the final resolution once adopted by the Planning Board.
K.
Repair of damage to Town property. If in the course of delivery, installation, maintenance, dismantling, removal or transport of the solar energy system or any components thereof, the property of the Town of Montgomery, including but not limited to roadways, shoulders, drainage structures, signage, guardrails, etc., is damaged by the efforts of the applicant or any agents thereof, the applicant shall within 30 days of the date that damage occurred to completely replace and/or repair the damage to Town property to the satisfaction of the Town.
L.
Ownership changes. If the ownership of a solar power system operating under a special use permit changes, the special use permit shall remain in full force and effect. All conditions of the special use permit, including cash escrows, letters of credit, bonding and/or continuing certification requirements of the original owner and/or operator shall continue to be obligations of each and every succeeding owner(s) and/or operator(s). However, any change in ownership shall be registered and documented, in writing, with the Code Enforcement Officer of the Town.