Mount Morris Village
City Zoning Code
City Zoning Code
ARTICLE XIII
Solar Energy Systems
[Added 12-16-2024 by L.L. No. 1-2024]
§ 232-67 Title.
This article shall hereafter be known, cited and referred to as the "Solar Energy Systems Law of the Village of Mt. Morris."
§ 232-68 Purpose and intent.
The Village of Mt. Morris Village Board recognizes that solar energy is a clean, readily available source of renewable energy and intends to accommodate the use of appropriately sited solar energy systems in the Village. Understanding that there is growing need to properly site solar energy systems within the boundaries of the Village, this article is designed to protect land uses, prime and important soil types and farmlands in the community and protect the health, safety and general welfare of citizens; preserve the overall beauty, nature and character of the Village; and promote effective and efficient use of solar energy resources. Prior to the adoption of this article, the Village had no specific procedures to address the use and siting of solar energy systems. Hence, this article seeks to:
A.
Provide property owners and business owners/operators with guidance and flexibility in satisfying their energy needs.
B.
Provide an opportunity for the use of alternative sources of energy within the Village of Mt. Morris and promote clean energy.
C.
Integrate solar energy systems seamlessly into the Village's neighborhoods and landscapes without diminishing quality of life in these areas.
D.
To maintain the rural character of the Village.
E.
To preserve the agricultural base of land and farm operations.
F.
To advance state renewable energy policy by promoting community solar development of an appropriate scale and providing substantive standards for large solar energy facilities sited in the Village of Mt. Morris by the New York State government
G.
To balance the potential benefit of solar development within the Village against potential negative impacts to citizens, property owners, agricultural resources, local economy and local ecosystem of the Village of Mt. Morris.
§ 232-69 Definitions.
ALTERNATIVE ENERGY SYSTEMS
Structures, equipment, devices or construction techniques used for the production of heat, light, cooling, electricity or other forms of energy on a site and may be attached to or separated from the principal use.
APPLICANT
The individual/individuals or entity/entities that apply for any federal, state, or local government permit or permission for installation of a solar energy system.
ARBORIST
An International Society of Arborists (ISA) certified professional with knowledge of arboriculture.
ARRAY
Any number of electrically connected photovoltaic (PV) modules providing a single electrical output.
BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV)
The incorporation of photovoltaic materials into the physical structure of a building. BIPV technologies include photovoltaic shingles or tiles, photovoltaic laminates and photovoltaic glass. Examples of placement include vertical facades, semitransparent skylights and windows, awnings (including fixed awnings) and roofs.
BUILDING-MOUNTED SYSTEM
A solar energy system that is affixed to the side(s) of a building or other structure, either directly or by means of support structures or other mounting devices, but not including those mounted to the roof or top surface of a building. Said system is designed and intended to generate electricity solely for use on the subject lot, potentially for multiple tenants, through a distribution system that is not available to the public.
CELL
The smallest basic solar electric (photovoltaic) device that can generate electricity when exposed to radiant energy (visible sunlight).
COMMUNITY SOLAR PROJECT
Solar energy systems that are connected in parallel with a utility distribution system, and with a facility area less than or equal to 30 acres, and a nameplate capacity of 5 megawatts AC or less. A community solar project is connected to a medium voltage utility distribution systems between 13 kv and 34.5 kv.
FACILITY AREA
The physical area, measured in both square feet and acres, used for any solar energy system, including the area within fencing, roads, visual screening, support facilities, solar energy equipment, and all other components of a solar energy system facility. The facility area shall include, and shall not be limited to, the surface area of any solar panel and solar energy equipment. The facility area is part of the project site.
FARM OPERATION
Land and on-farm buildings, equipment, facilities, and practices which contribute to the production, preparation, and marketing of crops, livestock, and livestock products as a commercial enterprise (in accordance with Agriculture & Markets Law § 301[11]).
FARMLAND OF STATEWIDE IMPORTANCE
Soils, designated as "Farmland of Statewide Importance" in the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS)'s Soil Survey Geographic (SSURGO) Database on Web Soil Survey that is of statewide importance for the production of food, feed, fiber, forage, and oilseed crops as determined by the appropriate state agency or agencies. Farmland of Statewide Importance may include tracts of land that have been designated for agriculture by state law.
GLARE
The effect by reflections of light with intensity sufficient as determined in a commercially reasonable manner to cause annoyance, discomfort, or loss in visual performance and visibility in any material respects.
GLINT
To shine in small bright flashes.
GROUND-MOUNTED SYSTEM
A photovoltaic system mounted on a structure, pole or series of poles that are constructed specifically to support the photovoltaic system, and not physically attached to any structure, that generates electricity for on or off-site consumption.
MINERAL SOIL GROUPS (MSG) 1-4
Agricultural soil classifications as defined by the New York State Department of Agriculture and Markets. These soils are recognized as having the highest value based on soil productivity and capability.
MODULE
The smallest protected assembly of interconnected photovoltaic cells.
NATIVE PERENNIAL VEGETATION
Native wildflowers, forbs, and grasses that serve as habitat, forage, and migratory way stations for pollinators and shall not include any prohibited or regulated invasive species as determined by the New York State Department of Environmental Conservation.
NET METERING AGREEMENT
An agreement with a local electric utility company that allows customers to receive a credit for surplus electricity generated by certain renewable energy systems.
PHOTOVOLTAIC (PV)
Any material or device with the capability to generate electric current or voltage when exposed to electromagnetic radiation (radiant energy), in particular, visible light from the sun.
POLLINATOR
Bees, birds, bats, and other insects or wildlife that pollinate flowering plants, and includes both wild and managed insects.
PRIME FARMLAND
Soils, designated as "Prime Farmland" in the U.S. Department of Agriculture and Natural Resources Conservation Service (NRCS)'s Soil Survey Geographic (SSURGO) Database on Web Soil Survey, 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 uses.
PRIME FARMLAND IF DRAINED
Soils which meet all necessary criteria for Prime Farmland other than depth to water table.
PROJECT SITE
The physical area needed for a solar energy system including any setbacks, buffers, fencing, roads, screening, support facilities, and solar energy equipment. The project site shall include the facility area.
QUALIFIED SOLAR INSPECTOR
A person who has the skills and knowledge related to the construction and operation of photovoltaic solar equipment and installations and has received safety training on the hazards involved therein. This may include persons who are on the list of eligible photovoltaic installers, as 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).
ROOF-MOUNTED SYSTEM
A solar power system in which solar panels are mounted on top of the structure either as a flush-mounted system or as modules fixed to frames that can be tilted or articulated to achieve an optimal angle for tracking the sun that produces electricity for on- or off-site consumption.
SOLAR ACCESS
Land area or space that is open to the sun and clear of overhangs or shade, including structures built on private property that do not infringe on the rights of adjacent properties.
SOLAR ENERGY SYSTEM
A system of components intended for the collection, inversion, storage, and/or distribution of solar energy and that directly or indirectly generates thermal, chemical, electrical, or other usable energy. A solar energy system consists of, but is not limited to, solar collectors, mounting devices or structures, generators/turbines, water and energy storage and distribution systems, battery energy storage systems, storage, maintenance, and/or other accessory buildings, inverters, fans, combiner boxes, meters, transformers, and all other mechanical structures. The area for the solar energy system is all of the area within the project fence line, as well as the area covered by all facility components, including but not limited to, access roads, transmission lines, and support buildings. The term also includes, but is not limited to, solar panels and solar energy equipment. A solar energy system is classified as a Tier 1, Tier 2, Tier 3, or Tier 4 solar energy system as follows:
A.
Tier 1 solar energy systems include the following:
(1)
Roof -Mounted solar energy systems; and
(2)
Building-integrated solar energy systems.
B.
Tier 2 solar energy systems include Ground-Mounted solar energy systems with a total surface area of all solar panels on the lot of up to 5,000 square feet and that generate up to 110% of the electricity consumed on the site over the previous 12 months.
(1)
Notwithstanding the above, a solar energy system located on a farm operation, as defined in § 301(11) or the relevant provision of the New York State Agriculture and Markets Law, and located in a New York State Agricultural District, which primarily serves the needs of such farm operation and produces up to 110% of the farm's needs, or other amount that may be established by resolution of the Mt. Morris Village Board in accordance with the New York State Department of Agriculture and Markets guidance, shall be deemed a Tier 2 solar energy system.
(2)
A system that does not exceed the production or output limits and otherwise conforms to the requirements of this definition shall not be excluded from designation as a Tier 2 solar energy system as a result of selling or otherwise receiving credits or benefits for excess energy provided to the distribution grid.
C.
Tier 3 solar energy systems are systems not included in the definition of Tier 1, Tier 2, or Tier 4 solar energy systems, and include but are not limited to all community solar projects. The facility area of Tier 3 solar energy systems shall not exceed 30 acres in size and shall be less than 25 megawatts (MW) in nameplate capacity.
D.
Tier 4 solar energy systems include any solar energy system with a facility area greater than 30 acres in size and/or 25 MW AC generating capacity. Tier 4 shall include all proposed solar energy systems subject to state level siting procedures administered by the Office of Renewable Energy Siting, Department of Public services, or such other agency as may be designated by the State of New York.
TRACKING SYSTEM
A number of photovoltaic modules mounted such that they track the movement of the sun across the sky to maximize energy production, either with a single-axis or dual-axis mechanism.
§ 232-70 Applicability and general requirements.
A.
Applicability.
(1)
Chapter 232 of the Village of Mt. Morris Zoning Law supersedes the requirements of Chapter 232 of the Village of Mt. Morris Zoning Law as it pertains to the siting of solar energy systems.
(2)
The requirements of this article shall apply to all applications for solar energy systems to the Village of Mt. Morris after the effective date of this article.
(3)
Solar energy systems constructed or installed prior to the effective date of this article shall not be required to meet the requirements of this article.
(4)
Any modifications to an existing solar energy system that increases the solar energy system area shall be subject to review pursuant to this article.
(5)
Any proposed solar energy system subject to review by the Office of Renewable Energy Siting pursuant to 94-c of the Executive Law shall be subject to all substantive provisions of this Section and any other applicable laws, codes, and regulations of the Village of Mt. Morris and any other applicable State or Federal Laws.
B.
General requirements.
(1)
A building and zoning permit shall be required for installation of all solar energy systems.
(2)
All applications shall be reviewed by the Village of Mt. Morris Code Enforcement Officer for completeness.
(3)
Issuance of approvals by the Village of Mt. Morris shall be subject to review pursuant to the State Environmental Quality Review Act, ECL Article 8 and its implementing regulations set forth in 6 NYCRR Part 617 ("SEQRA").
(4)
Siting of solar installations shall conform to the Village of Mt. Morris Comprehensive Plan.
(5)
Compliance with Building Code.
(a)
Building permit applications shall be accompanied by standard review drawings of structural components of the solar energy system, including support structures, bases and footings. Drawings shall be stamped, and any necessary calculations shall be certified, in writing, by a licensed New York State professional engineer or architect and indicate that the system complies with the current New York State Building Code.
(b)
Where the installation or structural components vary from the standard design or specifications, proposed modifications shall be certified by a licensed New York State professional engineer for compliance with the seismic and structural design provisions of the New York State Building Code.
(6)
Compliance with Electrical Code.
(a)
Building permit applications shall be accompanied by a line drawing identifying the electrical components of the solar energy system to be installed in sufficient detail to allow for a determination that the manner of installation conforms to the Electrical Code. The application shall include a statement from a New York State licensed professional engineer or architect indicating that the electrical system conforms to sound engineering practices and complies with the National Electric Code ("NEC"). This certification would normally be supplied by the manufacturer. All equipment and materials shall be used or installed in accordance with such drawings and diagrams.
(b)
Where the electrical components of an installation vary from the standard design or specifications, the proposed modifications shall be reviewed and certified by a New York State licensed professional engineer for compliance with the requirements of the NEC and sound engineering practices.
(7)
Solar energy systems requiring site plan review must submit the following information in addition to the requirements set forth in the Village of Mt. Morris Zoning Code.
(a)
Completed Village of Mt. Morris solar application form.
(b)
Completed full environmental assessment form ("EAF").
(c)
Completed agricultural data assessment.
(d)
Narrative description of the proposed project, including identification of all approvals sought, existing site conditions, adjacent land uses and owners.
(e)
Screening and landscape plan.
(f)
Lighting plan.
(g)
Fencing plan.
(h)
Utility plan.
(i)
A three-line electrical diagram detailing the solar energy system layout, solar collector installations, associated components, and electrical interconnection methods, with all NEC compliant disconnects and over-current devices.
(j)
A preliminary equipment specification sheet that documents all proposed solar panels, significant components, mounting systems, and inverters that are to be installed. A final equipment specification sheet shall be submitted prior to the issuance of the building permit.
(k)
Name, address, and contact information of proposed or potential system installer and the owner and/or operator of the solar energy system. Such information of the final systems installer shall be submitted prior to the issuance of a building permit.
(l)
Name, address, phone number, and signature of the project applicant, as well as all the property owner(s), demonstrating their consent to the application and the use of the property for the solar energy system.
(8)
All solar panels shall have anti-reflective coating(s) and shall be designed, erected and installed so as to prevent undue glare from intruding on adjoining properties or roadways.
(9)
The design, constructing, operation and maintenance of any solar energy system shall prevent the misdirection and/or reflection, glare or glint of solar rays onto neighboring properties, businesses, public roads, public parks and other public facilities in excess of that which already exists.
(10)
All wiring must be designed and installed to comply with the NEC.
(11)
All solar energy systems existing on the effective date of this article shall be allowed to continue usage as they presently exist. Routine maintenance (including replacement with a new system of like construction and size) shall be permitted on such existing systems. New construction, other than routine maintenance, shall comply fully with the requirements of this article.
(12)
No solar energy systems shall hereafter be used, erected, moved, reconstructed, changed or otherwise altered except in conformity with this law.
(13)
All solar energy systems shall be installed by a qualified solar installer, as defined by this article.
(14)
All solar energy systems shall be fully accessible to all emergency service vehicles and personnel.
(15)
All solar energy systems shall adhere to all applicable federal, state, county and Village of Mt. Morris Laws and regulations, including building, plumbing, electrical and fire codes.
(16)
The Village of Mt. Morris Code Enforcement Officer shall notify the Village of Mt. Morris Fire Department upon the approval of any approved solar installations.
§ 232-71 Permitting requirements for Tier 1 and Tier 2 solar energy systems.
A.
Tier 1 solar energy systems shall be permitted in all zoning districts and shall be exempt from site plan review subject to the following conditions:
(1)
Roof-mounted solar energy systems.
(a)
Design requirements:
[1]
Solar panels shall not be located closer than three feet to any roof edge or building wall, and in no instance shall any part of the system extend beyond the roof line or parapet wall.
[2]
Solar panels on pitched roofs shall be mounted with a minimum distance of two inches and maximum distance of eight inches between the roof surface and the highest edge of the system.
[3]
Solar panels on pitched roofs shall be installed parallel to the roof surface on which they are mounted or attached.
[4]
Solar panels on pitched roofs shall not extend higher than the highest point of the roof surface on which they are mounted or attached.
[5]
A minimum three-foot center walkway between arrays is required for safety access.
[6]
Solar panels on flat roofs shall not extend above the top of the surrounding parapet, or more than 24 inches above the flat surface of the roof, whichever is higher.
(b)
Height. All roof-mounted solar energy systems shall be subject to the maximum height regulations specified for principal and accessory buildings within the underlying zoning district.
(2)
Building-integrated solar energy systems.
(a)
Design requirements:
[1]
Solar panels shall be integrated into the design of the building and shall not obstruct any window, door other architectural feature of the building.
[2]
Solar panels shall not extend more than three feet from the building facade to which it is affixed.
(b)
Height. The maximum height of a building integrated solar energy system shall be 18 feet as measured from the lowest point where the system is affixed to the vertical facade of the building.
(3)
The power supply cutoff device for any Tier 1 or Tier 2 solar energy system shall be located on the outside of the structure or structures which support such systems, in close proximity to where the power supply enters the facility, along with twenty-four-hour emergency contact information, where it can be easily accessed by emergency personnel.
B.
Tier 2 solar energy systems are permitted in all zoning districts as an accessory structure and shall require site plan review subject to the following conditions:
(1)
Design requirements:
(a)
All structures and devices used to support solar energy systems shall be nonreflective and painted a subtle or earth tone color.
(b)
Views of the Tier 2 solar energy system shall be minimized from adjacent properties.
(c)
Tier 2 solar energy systems shall be located in a manner to reasonably avoid and minimize blockage of views from surrounding properties.
(d)
Tier 2 solar energy systems shall be located in a manner to reasonably avoid and minimize shading of adjacent properties.
(e)
Panels shall not be oriented such that they are directed at any adjacent residential dwelling.
(2)
Height. The maximum height of any ground-mounted solar energy system is 20 feet from finished grade.
(3)
Setbacks. Tier 2 solar energy systems shall be subject to the setback regulations specified for the accessory structures within the underlying zoning district. All Ground-Mounted solar energy systems shall only be installed in rear yards in residential districts and shall not unreasonably encroach upon neighboring parcels through introduction of shade, nuisance noise, or other nuisance conditions.
(4)
Lot size. Tier 2 solar energy systems shall comply with the existing lot size requirement specified for accessory structures within the underlying zoning district.
§ 232-72 Permitting requirements for Tier 3 and Tier 4 solar energy systems.
Tier 3 and Tier 4 solar energy systems are permitted in the Agricultural District by special use permit approved by the Village of Mt. Morris Village Board, after reviewing recommendations from the Planning Board, and subject to the site plan application requirements, physical limitations on area and other substantive requirements in this article and the Mt. Morris Village Code. Tier 3 and Tier 4 solar energy systems are a prohibited use outside of the Agricultural District.
A.
Tier 3 and Tier 4 solar energy systems are presumed to be a Type 1 action subject to SEQRA review.
B.
Lot coverage. The facility area shall not exceed 33% of the total area of any tax parcel or lot. This coverage may be further reduced by the Village Board if it determines a lower coverage limit is necessary to accommodate environmental, aesthetic, or health and safety concerns.
C.
Lot size. The minimum lot size for Tier 3 and Tier 4 solar energy systems is 10 acres.
D.
Height. The maximum height of any ground mounted solar energy system is 20 feet from finished grade.
E.
Setbacks. The minimum setbacks from adjacent property lines shall be as follows:
(1)
Front. 400 feet from any public road, measure from the center of the road.
(2)
Side and rear. 50 feet from all adjacent property lines that are at least 400 feet from a public road, and 250 feet from all adjacent property lines that are less than 400 feet from a public road.
(3)
Minimum setback of 1,000 feet from an occupied residence, or residential primary structure, or sensitive visual receptor, on adjoining lots measured from the nearest fence of the facility to the nearest portion of the residential structure or 500 feet from all adjacent property lines bordering an occupied residence, or residential primary structure, or sensitive visual receptor, on adjoining lots, whichever is greater.
(4)
Minimum setback of 500 feet from all property lines bordering any school, public park, or other public place that may be adversely impacted by the solar energy system.
(5)
Setbacks shall be measured from the nearest fence of the facility area.
F.
Design requirements:
(1)
All structures and devices used to support solar energy systems shall be nonreflective and painted a subtle or earth tone color.
(2)
Panels shall not be oriented such that they are directed at any adjacent residential dwelling.
(3)
Vehicular paths and emergency access ways within the site shall be designed to minimize the extent of impervious materials and soil compaction. Topsoil in the same location of roads shall be stripped and stockpiled, and roads shall be capable of bearing the weight of emergency vehicles and sufficiently wide to permit access to emergency vehicles such as fire trucks and ambulances so that emergency vehicles may pass each other without leaving the road. Applicants, their successors, and assigns shall be responsible for keeping all access roads clear and passable by emergency equipment at all times.
(4)
Signage shall not exceed six square feet per sign and shall be printed on a light reflective surface. No signage other than those required in Subsection F(5) below are permitted.
(5)
Signage at the meter, facility entrances, and where access road(s) intersect with public roads shall be required that contains the following information:
(a)
Disconnect and emergency shut-off information as required by the NEC.
(b)
Twenty-four-hour emergency contact information.
(c)
Owner and operator's name, address and telephone number.
(d)
Facility address and project name.
(6)
Lighting. Lighting of the facility shall be limited to that minimally required for safety and operational purposes and shall be dark-sky compliant, directional and shielded from all neighboring properties and public roads.
(7)
Fencing. All mechanical equipment shall be enclosed by a fence at least seven feet in height with a self-locking gate. The use of barbed wire, razor wire or electric fencing is prohibited. Fencing must be made of nonreflective material. The use of opaque fencing is encouraged to promote visual impact mitigation.
(8)
Screening. The facility area must be completely screened from all adjacent property lines. Existing vegetation on-site may be used to satisfy all or a portion of the required screening. Evergreens planted to be used as screening must be a minimum of six feet tall at the time of planting. Off-site existing vegetation may not be used as part of a screening plan.
(9)
Landscaping. Landscaping used as screening must be maintained for the life of the project. Native vegetation is strongly encourage to the extent practicable.
(10)
Transmission lines. All on-site utility and transmission lines shall, to the extent feasible, be placed underground.
(11)
Deforestation discouraged. Removal of trees and other existing vegetation shall be limited to the extent necessary for the construction and maintenance of the solar energy facility. Removal of existing trees larger than six inches in diameter at breast height ("DBH") must be avoided to the maximum extent practicable. Mitigation is required for removal of existing trees larger than six inches in diameter. Mitigation may include planting of appropriately sized trees used for screening elsewhere on-site.
(12)
Soils. Disturbance of Prime Farmland, Prime Farmland if drained, Farmland of Statewide Importance, and MSG 1-4 shall be avoided to the maximum extent practicable.
(13)
Agricultural lands. Applicants must adhere to the NYS Department of Agriculture and Markets (NYSAGM) Guidelines for Solar Energy Projects-Construction Mitigation for Agriculture Lands. Applicants are required to implement dual-use solar strategies to the maximum extent practicable or otherwise offset any loss of agricultural activity. Incorporation of sheep grazing into the vegetation management plan is encouraged.
(14)
Noise. Once in operation, sound pressure level at the exterior of any residence or nonparticipating property line, expressed in terms of dBA Leq-8hr, shall not exceed existing background ambient noise, expressed in dBA-Leq-8hr, as measured by a qualified acoustician, by more than 6dB.
G.
Decommissioning.
(1)
Solar energy systems that have been abandoned and/or not producing electricity for a period of one year shall be removed at the owner and/or operator's expense.
(2)
Security:
(a)
The deposit, execution, or filing with the Village Clerk of cash or a letter of credit shall be in an amount sufficient to ensure the good faith performance of the terms and conditions of the state or local permit and provide for the removal and restoration of the site subsequent to removal. The amount of the letter of credit or cash escrow payment shall be 125% of the cost of removal of Tier 3 and Tier 4 solar energy systems and restoration of the property in accordance with any state or local permit conditions, with an escalator of 2% annually, or by a percentage equal to the annual inflation rate as calculated using the Consumer Price Index published by the Labor Department's Bureau of Labor Statistics for the previous calendar year, whichever is greater, for the life of the solar energy system, except in any year where the decommissioning cost is recalculated as set forth below.
(b)
The initial decommissioning cost calculation and subsequent updates shall be completed and stamped by a third-party New York State licensed professional engineer with applicable solar facility experience, agreeable to both the facility owner and the Village of Mt. Morris. Such calculation shall also include a reasonable percentage allocated to possible soil remediation as a result of the install and/or operation of the solar energy system.
(c)
Beginning on the second anniversary of the completion of construction, and every fifth year thereafter until decommissioning is complete, a qualified and independent third-party assessor or other consultant agreeable to both the facility owner and the Village shall recalculate the projected cost of decommissioning over the next five-year period, and the applicant shall adjust the amount of the letter of credit to match 125% of the recalculated decommissioning cost.
(d)
Change in ownership. The obligation to maintain a decommissioning security letter of credit or cash escrow benefitting the Village of Mt. Morris is a continuing obligation that may not be transferred without written consent of the Village of Mt. Morris, which consent shall not be unreasonably withheld.
(e)
In the event the applicant is in default of its obligations to decommission the facility under any applicable law or permit, and after proper notice and expiration of any cure periods, the cash deposit, letter of credit, or security shall be forfeited to the Village which shall be entitled to maintain an action thereon. The cash deposit, letter of credit, or security shall remain in full force and effect until restoration of the property as set forth in the decommissioning plan is completed.
(3)
In the event of default under this section or the conditions of any permit for construction and operation of the solar energy system, or abandonment of the solar energy system, the solar energy system shall be decommissioned as set forth herein.
§ 232-73 Special use permit requirements.
A.
Application requirements.
(1)
Accurate real property survey.
(2)
Completed site plan application as set forth in § 232-70 of this article.
(3)
Aerial site plan showing the location of relevant utility poles and lines, trees and structures, and the names of all adjacent property owners.
(4)
Operation and maintenance plan. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing and trimming, and insurance coverage.
(5)
Visual impact assessment (VIA). At a minimum, the VIA must include:
(a)
A line-of-sight profile analysis.
(b)
Photographic simulations of the facility area showing visual conditions with proposed landscaping and screening at the following intervals:
[1]
At installation;
[2]
At the two-year anniversary after installation;
[3]
At the five-year anniversary after installation.
(6)
Tree inventory for trees with a minimum six-inch DBH within the facility area.
(7)
Tree clearing mitigation plan.
(8)
Engineer's report including:
(a)
SWPPP and erosion control plan.
(b)
Agricultural data assessment.
(c)
Preconstruction baseline noise analysis.
(d)
Preconstruction baseline soil sampling plan:
[1]
The sampling plan shall be developed in accordance with NYSDEC DER-IO site investigation guidance and shall include collection of a representative number of baseline soil samples in the proposed project area, agreed upon by the Town. Each sample shall be analyzed for semi-volatile organics, volatile organics, metals, and PFAS (Per- and Polyfluorinated Substances).
(e)
Glare analysis.
(f)
Drainage plan.
(g)
Clearing and grading plan, and
(h)
Wetland delineation.
(i)
Traffic and road use analysis.
[1]
The traffic and road use analysis should consider the impact on traffic levels and potential road damage or degradation due to heavy vehicle traffic related to the proposed solar energy system with a focus on the construction and decommissioning phases.
[2]
The traffic and road use analysis shall include information about truck trip data, planned hauling routes, and the size/location of staging and parking areas.
[3]
The traffic and road use analysis shall identify any state or local approvals or permits necessary for the implementation of the proposed solar energy system, shall provide any necessary road use agreements, and shall demonstrate compliance with the same.
(9)
Agricultural resource mitigation plan. Such plan shall include the following:
(a)
Soil map showing soil type, Prime Farmland, Prime Farmland if drained, Farmland of Statewide Importance, and MSG 1-4.
(b)
Discussion of proposed dual uses.
(c)
Discussion of proposed mitigation.
(10)
Emergency response plan. Such plan shall include the following:
(a)
Notification plan for first responders.
(b)
Annual training for first responders.
(11)
Proposed decommissioning plan. Such plan shall include the following:
(a)
Preconstruction soil testing plan to form a baseline for restoration.
(b)
Anticipated life of the project.
(c)
Restoration plan.
(d)
The projected cost of removing the solar energy system if decommissioning is required during the first five years after construction is complete, as determined by a qualified and independent third-party assessor or other consultant agreeable to both the facility owner and the Village of Mt. Morris.
(e)
The time required to decommission and remove the solar energy system and any ancillary structures.
(f)
The time required to repair any damage caused to the property by the installation and removal of the solar energy system.
(g)
Proposed form of security.
(12)
Proposed PILOT and host community agreements.
B.
All special use permit applications for a solar energy system shall be submitted to the Village of Mt. Morris Building Department.
C.
In addition to the requirements set forth in this article, the issuance of a special use permit shall be subject to any other requirements outlined in Mt. Morris Village Code § XXX-X and XXX-X.[1]
[1]
Editor's Note: So in original.
D.
Applicant must obtain all necessary permits and approvals from applicable federal, state and county agencies having jurisdiction over any portion of the proposed solar energy system.
E.
Applications for a special use permit shall be subject to a public hearing before the Village Board which may act to approve or deny the requested permit.
F.
The special use permit for a solar energy system shall be valid for a period of 12 months, provided that a building permit is issued for construction and construction has commenced within the first twelve-month period. The Village Board may elect to extend the initial special use permit for up to 180 days. If the owner/operator fails to perform substantial construction within 24 months of the date of the initial approval, the special use permit shall expire.
G.
The special use permit must be renewed annually.
H.
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 code enforcement officer of such change in ownership or operator within 15 days of the ownership change and update all signage at the property as soon as practicable.
I.
After completion of construction, the applicant shall provide post-construction certification from a licensed New York State professional engineer that indicates that the project complies with all applicable codes and industry practices and has been constructed and is operating in accordance with the approved special use permit.
J.
Any post-construction changes or alterations to a Tier 3 or Tier 4 solar energy system shall be undertaken only by amendment to the special use permit (and site plan approval, if required), subject to all requirements of this article.
K.
Fees and deposits.
(1)
The fees for a special use permit, site plan review, and building permit for a solar energy system shall be set from time to time by Village Board resolution.
(2)
The applicant for a special use permit shall deliver to the Village Clerk, along with its application for a special use permit, an amount equal to 1% of the estimated cost of the project (the "initial deposit") to be held in escrow by the Village for use by the Village to pay consultants and attorneys engaged by the Village to assist in review of all applications for the proposed solar energy system. If the amount held in escrow is depleted prior to grant or denial of all applications associated with the solar energy system, the applicant shall deposit such funds necessary for the Village to pay any outstanding fees to said consultants. Following approval or denial of the required applications, any excess remaining in escrow shall be returned to the applicant within 30 days. The Village Board may enter into an escrow agreement with the applicant at its discretion.
§ 232-74 Revocation of permit; interpretation; severability.
A.
Violations of any of the conditions of the special use permit, site plan approval or any other local, state or federal laws, rules or regulations shall be grounds for the revocation of the special use permit or site plan approval. Revocation may occur after the applicant is notified, in writing, of the violations and the Village of Mt. Morris Village Board holds a hearing on same.
B.
In their interpretation and application, the provisions of this article shall be held to be minimum requirements, adopted for the promotion of the public health, safety and general welfare. It is not intended to interfere with, abrogate or annul other rules, regulations or laws, provided that whenever the requirements of this article are at a variance with the requirements of any other lawfully adopted regulations, rules or laws, the most restrictive, or those which impose the highest standards, shall govern.
C.
If any section, subsection, phrase, sentence or other portion of the chapter is for any reason held invalid, void, unconstitutional or unenforceable by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof.
§ 232-75 Safety.
A.
Solar energy systems shall be certified under the applicable electrical and/or building codes as required.
B.
Maintenance and repair.
(1)
A solar energy system shall be maintained in operational condition at all times, subject to reasonable maintenance and repair outages. "Operational condition" includes meeting all approval requirements and conditions.
(2)
The solar energy system shall be kept free from hazards, including, but not limited to, faulty wiring, loose fastenings, and creation of an unsafe condition or detriment to public health, safety or general welfare.
(3)
Site access shall be maintained, including snow removal sufficient to allow access to emergency personnel and emergency vehicles at all times.
(4)
Owners and operators of solar energy systems shall be required to keep all records of maintenance activities. The Village of Mt. Morris Code Enforcement Officer shall have access to such records upon request. A report summarizing alt maintenance activities shall be filed annually with the special use permit renewal application.
(5)
The owner/operator of a Type 3 or 4 solar energy system shall be required to fully inspect the system on an annual basis. A copy of the inspection report shall be provided to the Mt. Morris Building Department as part of the renewal of the special use permit. (See § 232-73 of this article.) The inspection shall comply with alt requirements of the New York State Building Code.
C.
Abatement and removal.
(1)
If a solar energy system poses a safety hazard, as determined by the Village of Mt. Morris Code Enforcement Officer, the owner or operator shall take immediate action to remedy the hazard. The Code Enforcement Officer shall have the authority to cause the abatement of any hazardous situation, including issuance of a notice of violation and causing the solar energy system to be made nonoperational until such hazard has been remedied to the satisfaction of the Village of Mt. Morris Building Department.
(2)
If the use of an approved solar energy system is discontinued, the owner or operator shall notify the Village of Mt. Morris Building Department within 30 days of such discontinuance. If the solar energy system is to be retained and reused; the owner or operator shall further inform the Village of this, in writing, at such time and obtain any necessary approvals within one year. Otherwise, the solar energy system shall be deemed automatically abandoned.
(3)
Upon cessation of electricity generation of a solar energy system on a continuous basis for 12 months, the Village 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 one year of notification.
(4)
If the owner and/or operator fails to comply with decommissioning upon any abandonment, the Village of Mt. Morris 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.
§ 232-76 Enforcement.
Any violation of this article shall be subject to the same enforcement requirements, including the civil and criminal penalties, provided for in the zoning or land use regulations of the Village of Mt. Morris.