Owasco Town City Zoning Code
ARTICLE X
Solar Energy System Overlay District
§ 150-64 Statement of purpose.
This Solar Energy System Overlay District article is adopted to allow there to be established "floating" zones in the Town of Owasco wherein Tier 3 Solar Energy Systems described in this article may be installed to provide a source of renewable energy to serve the community. It provides for the responsible development of adequately sized parcels located near substations that may be otherwise challenging to develop, difficult to reclaim and/or unsuitable for higher value development. The creation of floating Solar Energy System Overlay Districts shall require the consideration of the neighborhood's needs, including, but not limited to, aesthetics, safety, drainage, lot clearing impacts on natural resources, and private investment into community amenities (such as parks and trail systems). These overlay districts are adopted to advance and protect the public health, safety, and welfare of the Town by creating regulations for the installation and use of solar energy systems and equipment with the following objectives:
To take advantage of a safe, abundant, renewable and non-polluting energy resource;
To foster low-impact development of sites that are located near existing substations and are otherwise challenging to develop, difficult to reclaim, and/or unsuitable for higher value development;
To broaden the economic tax base without further depleting or drawing on limited resources;
To lessen the impacts of solar energy systems on environmental resources such as important agricultural lands, forests, wildlife, and other protected resources, including, but not limited to, scenic byways and view sheds; and
To create synergy between solar and other community goals pursuant to the Town's Comprehensive Plan, such as to responsibly and safely create vibrant neighborhoods, manage land uses, create and preserve walkable areas and recreation spaces, and encourage investment in the Town.
§ 150-65 Definitions.
Terms pertaining to the Solar Energy System Overly District are defined in § 150-59 of this chapter.
§ 150-66 Applicability.
The requirements of this article shall apply to all Tier 3 solar energy systems permitted, installed, or modified in the Town of Owasco after the effective date of this article, excluding general maintenance and repair.
Modifications to an existing Tier 3 solar energy system that increase the solar energy system area by 5% of the original area, or more shall be subject to this article.
All Tier 3 solar energy systems shall be designed, erected, and installed in accordance with all applicable codes, regulations and industry standards as referenced in the New York State Uniform Fire Prevention and Building Code Act, the New York State Energy Conservation Code and the Town of Owasco Zoning Law.
§ 150-67 General requirements.
All applicants and owners of a Tier 3 solar energy system must file a building permit application with the Building Department together with a zone change application for the subject parcel or parcels of land to be re-zoned to Solar Energy System Overly District, together with a preliminary site plan application and a special use permit application.
Any person or corporation having ownership of the property, or a possessory interest entitled to exclusive possession, or a contractual interest or future ownership, may file a request for the creation and use of the floating overlay district. No building permit application will be processed to completion until the applicant first obtains approval from the Owasco Town Council to re-zone the subject property(ies) to Solar Energy System Overlay District.
All Tier 3 Solar Energy System Overlay District applications are subject to the New York State Environmental Quality Review Act ("SEQRA") as "Type I" projects. The Owasco Town Council shall serve as lead agency for SEQRA review.
§ 150-68 Permitting/application requirements.
All Tier 3 solar energy systems are permitted through Owasco Town Council for a Zoning Map amendment and Type I State Environmental Quality Review Act ("SEQRA") review. The Town of Owasco Planning Board shall be a referral agency for the review of site plans and special use permits.
Pre-application meeting. At least 60 days prior to the submission of an application, the applicant shall conduct a pre-application meeting with the Owasco Town and Planning Boards, in joint session to ensure all parties have clear expectations regarding any Town requirements applicable to the proposed Tier 3 solar energy system re-zone application. A written request for this purpose shall be sent to the Town Council. Submission and review of the application shall not be delayed based on the failure of the Town to respond in a timely manner to a properly filed meeting request.
At the pre-application meeting, the applicant must provide 1) a brief description of the proposed facility and its environmental setting, 2) a map of the proposed facility showing project components, 3) the proposed facility's anticipated impacts, 4) a designated contact person with telephone number, email address, and mailing address from whom information will be available on a going-forward basis, and 5) an anticipated application submission date.
Applications for Tier 3 solar energy systems shall be reviewed by the Code Enforcement Officer for completeness. Applicants shall be advised within 60 days of the Code Enforcement Officer's receipt of the applicant's full application as to the completeness of their application or any deficiencies that must be addressed prior to substantive review.
At the time of submittal of the application for a floating Solar Energy System Overlay District for a Tier 3 solar energy system, at a minimum and unless waived by the Town of Owasco Town Council, the solar energy applicant shall submit documents in accordance with § 150-70B to be reviewed and approved by the Town's designated engineer if requested by the Owasco Town Council.
The application and all supporting materials shall be referred to the Cayuga County Department of Planning and Economic Development by the Owasco Town Council pursuant to General Municipal Law § 239-m, as required.
§ 150-69 Findings required for zoning change.
The Town Council may recommend establishment of a Solar Energy System Overlay District, provided that the application materials and preliminary site plan establish that:
The proposed zoning change is in conformance with the general intent of this chapter and the Town of Owasco Comprehensive Plan.
The proposed use will not be detrimental to surrounding uses and will allow for land surrounding the proposed development to be planned in coordination with the proposed development and that it be compatible in use.
The proposed location does not create materially adverse visual impacts to surrounding uses. The visual impact of the proposed use will not have an adverse impact on viewsheds, including, but not limited to, view of and view from the Owasco Lake, established touring routes, existing residential areas, existing parklands and recreational uses, etc.
The use is not a prohibited use hereunder, or under any other provision of this chapter.
The use avoids installation on agricultural lands consisting of highly productive soils (i.e., prime farmland soils and soils of statewide importance) as identified by the United States Department of Agriculture- Natural Resources Conservation Service (USDA-NRCS) or alternative available resource (NYS Department of Agriculture and Markets Soil Groups 1 through 4) as follows. The Town will use the following hierarchy as a guide to encourage preservation of prime farmland soils:
The use avoids areas of potential environmental sensitivity, including unique natural areas, floodplains, historic sites, state-owned lands, conservation easements, trails, parkland, prime soils, Owasco Lake view shed, and wetlands as identified by the New York State Department of Environmental Conservation or the United States Army Corps of Engineers.
The use avoids installation on areas with slopes of greater than 15%.
The use avoids recreation areas and opens spaces designed for use by members of the public for recreation, hiking, biking, sporting events and similar activities, whether classified as pre-existing nonconforming uses or specially permitted.
The proposal preserves and/or reinstates vegetation on the parcel(s) and the parcel is otherwise challenging to develop, difficult to reclaim and/or unsuitable for higher value development.
Public hearing by the Town Council. The Town Council shall conduct a public hearing on the proposed change of zoning. The public hearing on the proposed Zoning Map amendment to the Solar Energy System Overly District shall be given public notice as required for all Zoning Map amendments. After the public hearing, the Zoning Map may be amended, but such action shall only have the effect of granting permission for preparing site plans for the development of the specific proposal incorporating any conditions or modifications requested by the Town Council. The Town Council may use its sole discretion to deny approval of the Zoning Map amendment and any preliminary development plans.
Special provision. The Town of Owasco Town Council may impose conditions on its rezoning of any floating Solar Energy System Overlay District to enhance and/or enforce the standards referred to in this article or in order to discharge its obligations under the State Environmental Quality Review Act (SEQRA). Such conditions may include, but are not limited to, the submission of line-of-sight drawings, detailed elevation maps, visual simulations, before and after renderings, and alternate designs to more clearly identify adverse impacts for the purpose of their mitigation.
§ 150-70 Planning Board review.
Upon approval by the Town Council for amendment(s) to the Zoning Map, an application for said approved use(s) via an overlay district shall be submitted to the Planning Board for review and approval by the Planning Board as to all site plans and a special use permit issuance.
Site plan application. Application for any Tier 3 solar energy system requiring site plan approval shall include site plan submittal requirements listed in Article V of this chapter in addition to the following information:
Site plans. Site plans shall be progressed to include details of all relevant existing and proposed site features, including, but not limited to:
Property boundaries and all adjacent landownership, zoning district designation for the parcel(s) of land comprising the site, existing topography and physical features including slopes analysis (greater than 5%, 10%, 15%, 20%, and 25%).
Proposed changes to landscape features, grading, vegetation clearing and planting, screening and buffering vegetation features or structures.
Internal access roads and external access/truck transportation routes to the project site.
Location and details of all proposed site elements (e.g., fencing, signage, stormwater management practices, underground utilities, poles and connection to the grid, etc.).
Profiles, sections and details as necessary for the Town of Owasco Town Council to review aesthetic impact (materials, colors, height, etc.).
A one- or three-line electrical diagram detailing the Tier 3 solar energy system layout, solar collector installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and over current devices.
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 building permit.
Name, address, and contact information of the owner and/or operator of the Tier 3 solar energy system and proposed or potential system installer. Such information regarding the final system installer shall be submitted prior to the issuance of the building permit.
Name, address, phone number, and signature of the project applicant and the property owners, demonstrating their consent to the application and the use of the property for the Tier 3 solar energy system. Copy of the lease agreement if applicable.
Soils maps and geotech investigations, if warranted and/or requested by the Engineer.
Map showing active and prime farmland, including USDA classifications (e.g., farmland of statewide importance, all areas are prime farmland, and prime farmland if drained).
Visual impact assessment. Conduct a visual impact assessment of the Tier 3 solar energy system facility in accordance with NYSDEC's latest guidance for Assessing and Mitigating Visual and Aesthetic Impacts. In conjunction with the preparation of a view shed analysis map, the applicant should prepare the following:
Photo simulations that depict the proposed solar arrays in relation to the project site from sensitive receptor locations in all directions, including neighboring residential properties, roadways and viewsheds which may be visually impacted by the project.
Photo simulations should display the view of current site conditions, the view with the solar panels in place, and the view with vegetation screening in place if the solar panels will be visible from sensitive receptor locations.
Include line of sight profiles and elevation views for each of the photo simulation locations.
Depending upon the scope and potential significance of the visual impacts, additional supporting documentation may be requested at the discretion of the Planning Board.
Other relevant supporting documentation and studies, including, but not limited to, noise analysis (to the nearest property boundary), and glare analysis (potential impacts to adjacent roadways and structures, and airport routes within proximity to the site, if applicable).
Stormwater pollution prevention plan (SWPPP) and erosion and sediment control plan prepared to applicable New York State Department of Environmental Conservation standards and guidance, and to such standards as may be established by the Planning Board. Modeling of peak flows and erosive forces is to be based on regional extreme weather data.
Maintenance agreement. The solar energy applicant shall submit and agree to the ongoing implementation of an operation and maintenance plan with information, including, but not limited to:
Project description and owner/operator contact information.
Map and/or description indicating the limits of the landscaping maintenance area, including the proposed buffer area outside of the fence line to be maintained by the facility owner/operator.
Maintenance activity and frequency for vegetation, landscaping and general property upkeep, such as mowing and trimming, establishment and protection of all landscaping elements. Include a time frame for the replacement of dead/diseased trees/shrubs.
Identify the specific stormwater practices used on site, maintenance activities/frequency, and identify common issues for each practice (i.e., excessive vegetation, types of erosion, sediment accumulation, etc.) and how these items will be rectified when encountered.
List the responsible party for undertaking each maintenance activity and include contact details for responsible parties.
Where pervious access roadways are proposed, include ongoing monitoring and description of correction actions to ensure the access roadway remains pervious.
Inspection of landscaping at a minimum of once a year for the first five years of operation by a registered landscape architect or arborist, providing a written report of findings and correction timeline to the Town and Planning Boards.
Include requirement for the Town to be notified within 30 days of the change of control of the site (i.e., change to site owner and/or operator).
The owner/operator will be required to enter into a legally binding maintenance agreement for ongoing implementation of the operation and maintenance plan while the solar energy system is operational.
Decommissioning plan in accordance with the requirements of § 150-72D(11)(c) of this article.
Prior to the issuance of the building permit or final approval by the Planning Board, engineering documents must be signed and sealed by a New York State (NYS) licensed professional engineer or NYS registered architect.
Standard for planning Board review.
Lot size. The property on which the Tier 3 solar energy system is placed shall be a minimum of 30 acres.
Setbacks. Tier 3 solar energy systems may not be located within 200 feet of the edge of the front, side, or rear limits of the parcel and must be setback 250 feet from any existing residential structure.
Height. Tier 3 solar energy systems shall comply with the building height limitations for principal structures of the underlying zoning district, or 20 feet from the ground, whichever is less.
Lot coverage. The following components of a Tier 3 solar energy system shall be considered included in the calculations for lot coverage requirements:
Surface area of the panels and foundation systems, typically consisting of but not limited to driven piles or monopoles or helical screws with or without small concrete collars.
All mechanical equipment of the Tier 3 solar energy system, including any pad-mounted structure for batteries, switchboard, transformers, or storage cells.
Paved access roads servicing the Tier 3 solar energy system.
Lot coverage of the Tier 3 solar energy system, as defined above, shall not exceed 40%.
Screening and visibility. Tier 3 solar energy systems shall have views minimized from adjacent properties to the extent reasonably practicable using existing natural topography and vegetation, architectural features, earth berms, landscaping, or other screening methods that will harmonize with the character of the property and surrounding area. Applicants seeking to install Tier 3 solar energy systems shall be required to:
Submit a screening and landscaping plan to show adequate measures to screen through landscaping, grading, fencing or other means so that views of solar panels and solar energy equipment shall be minimized as reasonably practical from public roadways and adjacent properties to the extent feasible.
The Planning Board shall exercise reasonable judgment to review the proposed landscaping plan to ensure the creation of a vegetated barrier that is sufficient to screen the project while creating an attractive and natural look with appropriately spaced native species.
Tree cutting. Removal of trees and other existing vegetation should be minimized or offset with planting elsewhere on the property. No more than 20% of existing tree stands, measured by lot coverage of tree stands, should be removed.
Tier 3 solar energy system owners shall develop, implement, and maintain native vegetation to the extent practicable pursuant to a vegetation management plan by providing native perennial vegetation and foraging habitat beneficial to game birds, songbirds, pollinators and/or agrivoltaics. To the extent practicable, when establishing perennial vegetation and beneficial foraging habitat, the owners shall use native plant species and seed mixes.
Ownership changes. If the owner or operator of the Tier 3 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 Tier 3 solar energy system shall notify the Code Enforcement Officer of such change in ownership or operator within 30 days of the ownership change.
The applicant has six months from site plan approval to submit application for a building permit.
§ 150-71 Security/fees.
An application fee shall be submitted by the applicant to the Town Council at the time of submittal, in accordance with the Town of Owasco fee schedule then in effect.
The Town of Owasco, at the expense of the applicant, may employ its own consultant(s) to examine the application and related documentation and make recommendations as to whether the criteria for the floating Solar Energy System Overlay District have been met, including, but not limited to, whether the applicant's conclusions regarding visual analysis, access, environmental impact, and stormwater management aspects are valid and supported by generally accepted and reliable engineering and technical data and standards utilized in the Finger Lakes Region of New York State.
The applicant for either state or local siting approval shall deliver to the Owasco Town Council, along with its application for a Tier 3 solar energy system if local approval is sought, and concurrent with the filing of a New York State Executive Law § 94-c Permit application, if applicable, an amount specified in the Town of Owasco fee schedule, then in effect (the "initial deposit"). This sum shall be held by the Town of Owasco in a non-interest-bearing account, and these funds shall be available to the Town of Owasco to pay consultants and attorneys engaged by the Town of Owasco to assist in application review if a local permit is sought, and to pay consultants and attorneys engaged by the Town of Owasco to assist in review of a § 94-c permit application should awarded intervenor funds be insufficient to fully participate in the § 94-c Process or should intervenor funds be otherwise exhausted. Following the grant or denial of the state or local application, the Town of Owasco shall return to the applicant any excess remaining in escrow. If the escrow account has been depleted prior to grant or denial of the application, the applicant shall replenish the escrow in accordance with the fee schedule, depositing such funds necessary for the Town of Owasco to pay any outstanding fees to said consultants.
The Owasco Town Council shall enter into an engineering escrow agreement with the applicant in which the applicant will agree to fund the escrow amount in accordance with § 150-71C to compensate the Town of Owasco for having its engineer inspect and advise the Owasco Town Council on the compliance of the construction with the approved drawings. The engineering escrow agreement must be approved by the Owasco Town Council and consulting Owasco Town Attorney and be signed by the Owasco Town Supervisor and by the applicant.
Escrow funds may also be used at the discretion of the Town to pay consultants and contractors engaged by the Town of Owasco to undertake periodic construction inspections and/or corrective action required to address deficiencies identified within the Town Designated Engineer's construction inspection report, including deficiencies related to erosion and sediment control and/or other corrections for sites that are operating in violation of their site specific SWPPP, and which are not corrected by the owner/operator within seven days of notification.
After construction is complete, the owner/operator shall engage the services of a New York State licensed engineer to complete annual site inspections of the condition of the perimeter landscaping, site access road, and the overall condition of the site and vegetative cover. Following each annual site inspection, said engineer shall provide a written report to the Town of Owasco Zoning Enforcement Officer. Corrective action will be required by the owner/operator to address deficiencies as identified within the engineer's inspection report. The annual site inspections will be performed each year no later than July 1, with the corresponding inspection report delivered to the Town of Owasco no later than August 1 of the same year. If owner/operator fails to provide an annual inspection report, as required, the Town of Owasco may engage the services of the Town's designated engineer to provide services described above. If the Town's designated engineer is used for inspection report services, the operation and maintenance bond referenced in § 150-71G may be used to compensate the Town's designated engineer for associated labor and expenses. Any and all corrective actions recommended in the engineer's inspection report shall be completed no later than September 15 of the same year, unless an extension of time for the completion of same is granted by the Owasco Town Council, in its sole discretion. The operation and maintenance bond may also be used at the discretion of the Owasco Town Council to pay consultants and contractors engaged by the Town of Owasco to undertake corrective actions as required to address deficiencies identified within the annual site inspection which are not corrected by the owner/operator by the approved deadline for completing same.
Operation and maintenance bond. Where solar facilities are to be operated, maintained and inspected by and at the responsibility of the applicant or developer, prior to issuance of the building permit, these entities may be required to provide the Town of Owasco with a bond, cash escrow, irrevocable letter of credit from an approved financial institution, or other acceptable surety, to ensure there are resources available to support and sustain the proper operation and maintenance of all stormwater management, site civil elements and landscaping until the facilities are removed from operation. If there is failure to properly inspect, operate and maintain said facility, the Town of Owasco may draw upon the account to cover costs of proper inspection, operation and maintenance, including legal, engineering and contractor costs. The bond amount shall be based on the estimated cost of annual inspections and typical maintenance actions over a five-year period, subject to third-party review at the developer's expense, if requested by the Town Council.
Host agreement. An agreement between an applicant for a Tier 3 solar energy system and the Town of Owasco shall identify the gap in payments and/or special costs to the Town of hosting a Tier 3 solar energy system and provide a means by which the applicant will provide for such periodic payments. The host agreement shall be in place before a building permit will be issued. Nothing contained in this law shall be read as limiting the ability of the Owasco Town Council to enter into a host agreement and/or a payment in lieu of taxes ("PILOT") agreement with any applicant to compensate the Town for expenses and/or impacts on the community.
Payments in lieu of taxes (PILOT). The Planning Board shall not issue a special use permit or approve a site plan for a Tier 3 solar energy system unless and until the Town has made an agreement with the applicant/owner on a PILOT, unless the Owasco Town Council agreed that the PILOT is not necessary or beneficial.
§ 150-72 Engineering.
Environmentally sensitive areas. Wetlands, streams and other environmentally sensitive areas are to be clearly indicated on the plans including a note on the plans that they will be demarcated with orange construction fencing prior to site disturbance.
Prime farmland. Removal of any prime farmland soil(s) from the subject site is prohibited. Proposed Tier 3 solar energy systems shall minimize the displacement of prime soils that are in active agricultural use and/or production. The site plan shall depict the location and extent of prime soils, prime soils if drained, soils of statewide importance, and indicate whether the parcel(s) is/are receiving an agricultural valuation. The site plan shall also depict the location and extent of current agricultural uses on the land (e.g., rotational crops, hay land, un/improved pasture, support lands, and fallow lands), the location of diversions and ditches, and areas where tile drainage has been installed. It shall also depict the location(s) of adjacent prime soils and active agricultural uses.
Utility lines and poles. All on-site utility and transmission lines shall, to the extent feasible, be placed underground unless otherwise approved due to site constraints and/or owner preference. The installation of new or modification of existing aboveground utility poles should be minimized to the extent feasible.
Appearance and buffering.
The Tier 3 solar energy system shall have the least visual effect on the environment as is practical and as is determined by the Planning Board. Based on site-specific conditions, including topography, adjacent structures, and roadways, reasonable efforts shall be made to minimize visual impacts by preserving natural vegetation, and providing landscape screening to abutting residential properties and roads. For projects located within the Owasco Lake viewshed (i.e., visible from the lake), the view from the lake shall be selected as one of the vantage points for the visual impact assessment. Additionally, the Town may request that the visual impact assessment include any parcel as a vantage point where the existing view of the lake may be negatively impacted by the proposed facility, to demonstrate that there is no adverse impact to the Owasco Lake viewshed due to the solar installation.
Any exterior lighting is prohibited unless required for safety/emergency lighting, in which case exterior lighting shall be limited to staff-activated emergency lighting. Such exterior lighting shall not project off the site and should only be activated when the area within the fenced perimeters has been entered. Any exterior lighting shall have the least visual effect practical on the contiguous properties and shall be approved by the Planning Board.
Equipment and vehicles not used in direct support, renovations, additions or repair of any Tier 3 solar energy system shall not be stored or parked on the facility site.
Tier 3 solar energy systems shall be enclosed by fencing approved by the Town of Owasco Town Council to prevent unauthorized access. The fencing shall:
Be decorative and/or supplemented with landscaping to avoid adverse aesthetic impacts as approved by the Town of Owasco Town Council.
Be a minimum seven feet high self-locking and approved by the Town of Owasco Planning Board.
Be wildlife friendly with minimum six-inch clearance that allows the passage of small mammals and reptiles and is designed to minimize wildlife injury and death due to entanglement, unless deemed unnecessary by the Town of Owasco Planning Board for sites with limited surrounding wildlife habitat.
Tier 3 solar energy systems shall be designed, erected, and installed in a manner so as to prevent undue glare to adjoining properties or creating traffic/aircraft safety issues. All solar panels used in Tier 3 solar energy systems shall have antireflective coating(s).
Access.
A locked gate at the intersection of the driveway and a public or private road may be required to obstruct entry by unauthorized vehicles. Such gate must be located entirely upon the lot and not on the public or private right-of-way.
Roadways within the site shall be the minimum feasible width allowing for safe/emergency access and shall be built along field edges and along elevation contours where practical, constructed at grade, and have a maximum width of 20 feet unless the solar energy applicant can demonstrate through engineering studies and to the satisfaction of the Town of Owasco that internal roadway requires increased width for safety and/or access requirements. Roadway construction shall limit the use of impervious materials and shall be designed to minimize the extent of roadways constructed and soil compaction.
Signage.
No signage or graphic content may be displayed on the Tier 3 solar energy system except the manufacturer's badge, safety information and equipment specification information. Said information shall be depicted within an area no more than eight square feet.
Disconnect and other emergency shutoff information will be clearly displayed on a light reflective surface.
A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations not to exceed six square feet.
Warning signs with the applicants/owners/operators name and 24-hour emergency contact information shall be placed on all access points/gates to the site and on the perimeter of the fencing therein.
Tier 3 solar energy systems and related 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. The applicant shall submit details of signage along with site plans to the applicable local/county fire services and emergency response services for review.
Safety.
The applicant/owner/operator shall provide a copy of the site plan application to the local/county fire department and emergency services and provide evidence that the site plans in relation to emergency access and response have been reviewed and approved by the appropriate agencies. Additionally, the applicant/owner/operator shall provide evidence that the local and county fire and emergency services organizations have been offered relevant site/system specific safety training at the applicant/owner/operator's expense. Representatives from local and county fire and emergency services organizations shall be invited to a preconstruction meeting, along with the Town Code Enforcement Officer and Town Designated Engineer, if requested.
All means of shutting down the photovoltaic Tier 3 solar energy system shall be clearly marked on the site plan and building permit applications.
Battery storage system.
All mechanical equipment, including any structure for batteries or storage cells, shall be enclosed by a minimum six-foot-high fence with a self-locking gate. All other relevant design standards within this article that are applicable to the battery and storage system (e.g., screening, safety, set-back, signage, etc.) are to be met as part of site plan approval for the battery and storage system, whether co-located or within a separate project parcel, at the discretion of the Town Council and their designated engineer.
If solar storage batteries are included as part of the solar energy collection system, they must be placed in a secure container or enclosure meeting the requirements of the New York State Building Code. All solar storage batteries, their maintenance, placement, and location shall also comply with all applicable rules and regulations as promulgated by New York State Building Code and the National Electrical Code.
When batteries are no longer in use, they shall be disposed of in accordance with the laws of the State of New York and any applicable federal or local disposal rules or regulations. Projects that include battery storage must include this element within the operations and maintenance plan and decommissioning plan.
Abandonment and removal.
A Tier 3 solar energy system shall be deemed to be abandoned after it has ceased operating for a continuous one-year period.
Upon cessation of operations of a Tier 3 solar energy system for a period of one year, the Town may notify the owner and/or operator of the facility to implement the decommissioning plan. Within 180 days of notice being served, the owner and/or operator can either restore operation equal to 80% of approved capacity or commence implementation of the decommissioning plan. At its discretion, and at any time, the Town is entitled to request operational data from the owner/operator.
In the event that construction of the Tier 3 solar energy system has been started but is not completed and functioning within 18 months of the issuance of the building permit, the Town may notify the operator and/or the owner to complete construction and installation of the facility within 365 days. If the owner and/or operator fails to perform, the Town may require the owner and/or operator to implement the decommissioning plan.
Applications for extensions of the time periods set forth in this subsection of no greater than 90 days shall be reviewed by the Town Council, with the Town Council having sole and unfettered discretion over any extension requests.
Upon recommendation of the Building Inspector/Code Enforcement Officer, the Owasco Town Council may waive or defer the requirement that a Tier 3 solar energy system be removed if it determines that retention of such facility is in the best interest of the Town.
If the owner and/or operator fails to fully implement the decommissioning plan within the prescribed time period and restore the site as required, the Town may use the financial surety posted by the owner and/or operator to decommission the site, or it may proceed with decommissioning at its own expense and recover all expenses incurred for such activities from the defaulted owner and/or operator.
Any costs incurred by the Town shall be assessed against the property, shall become a lien and tax upon said property, shall be added to and become a part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the same officer and in the same manner as other taxes.
Decommissioning.
At the time of submittal of the application for a special use permit for a Tier 3 Solar Energy System, the solar energy applicant shall submit and agree to the performance of a Decommissioning Plan and Indemnification Agreement approved by the Town Council, and subject to third-party review at the developer's expense, if requested by the Town Council. If the Tier 3 Solar Energy System becomes abandoned as defined in § 150-72D(10), the Town of Owasco may require its removal in accordance with the decommissioning plan. The Town Building Inspector/Code Enforcement Officer shall provide the Tier 3 solar energy system owner/operator written notice of a request for decommissioning. Upon removal of a Tier 3 solar energy system, the land shall be restored to its previous condition, including, but not limited to, the seeding, soddening, replanting, roadway restoration and drainage patterns.
Prior to issuance of a building permit for a Tier 3 solar energy system, the owner or operator of the Tier 3 solar energy system shall post a surety in an amount and form acceptable to the Town for the purposes of removal in the event the Tier 3 solar energy system is abandoned. The amount of the surety required under this section shall be 125% of the projected cost of removal of the Tier 3 solar energy system and restoration of the property with a minimum escalator of 2% annually for the life of the Tier 3 solar energy system. Acceptable forms shall include, in order of preference; cash; irrevocable letter of credit; or a bond that cannot expire; or a combination thereof. Such surety will be used to guarantee removal of the Tier 3 solar energy system should the system be abandoned. The surety amount may be reviewed and adjusted, as necessary, by the Town at five-year intervals. In such case as the Town of Owasco has provided written notice to remove the Tier 3 solar energy system, the owner/operator shall have one year from written notice to remove the Tier 3 solar energy system including any associated accessory structures and/or equipment and restore the site to its previous condition as defined in the approved decommissioning plan. If the owner/operator fails to remove any associated structures or restore the site to the condition approved by the Town of Owasco, all costs of the Town of Owasco incurred to enforce or comply with this condition shall be paid using the surety provided by the applicant.
Decommissioning plan. An application for a Tier 3 solar energy system shall include a decommissioning plan. Removal of a Tier 3 solar energy system must be completed in accordance with the recommissioning plan. The decommissioning plan shall:
Specify that after the Tier 3 solar energy system will no longer be used, it shall be removed by the owner and/or operator or any subsequent owner/operator and shall include a signed statement from the applicant acknowledging such responsibility. The application shall disclose the lease start date, length of the original lease, and number of options and time frames if the lease is renewed.
Demonstrate how the removal of all infrastructures (including but not limited to aboveground and below-ground equipment, structures and foundations) and the remediation of soil and vegetation shall be conducted to return the parcel to its original state prior to construction.
Specify the removal of the Tier 3 solar energy system and all associated equipment, driveways, structures, buildings, equipment sheds, lighting, utilities, fencing, and gates up to four feet below the ground surface. Additionally, specify the decompaction of soils to a depth of 24 inches, along with regrading, reseeding and replanting as needed to restore the site to its original condition prior to project construction. Revegetation shall include native plants and seed mixes and exclude any invasive species.
Include photographs or archival color images of the proposed site plan area for Tier 3 solar energy system. Such information must, in aggregate, adequately portray the entire property for the purpose of future reference when soil and vegetation remediation of the property occurs.
State that disposal of all solid and hazardous waste shall be in accordance with local, state and federal waste disposal regulations.
Provide an expected timeline for decommissioning within a 365-day period.
Provide a site specific cost estimate detailing the projected cost of executing the decommissioning plan, subject to third-party review at the developer's expense, if requested by the Town Council.
Specify that within 30 days of changing ownership, written notice shall be provided to the Town with the name of the new owner and contact information.
§ 150-73 Right of inspection.
In order to verify that the Tier 3 solar energy system's applicant(s)/owners and any and all lessees, renters and/or operators of the Tier 3 solar energy system place, construct, modify and maintain such systems, including solar collectors and solar inverters, in accordance with all applicable technical, safety, fire, building and zoning codes, laws, ordinances and regulations and other applicable requirements, the Town of Owasco may inspect all facets of said system's placement, construction, modification and maintenance.
Any inspections required by the Town of Owasco Building and Codes Department that are beyond its scope or ability shall be at the expense of the solar energy applicant/owner/operator.
§ 150-74 Enforcement.
The Town Council shall appoint such Town staff or outside consultants as it sees fit to enforce this article, and each such person shall be deemed an Enforcement Officer under this article.
All provisions of New York State law generally applicable to misdemeanors shall apply to any criminal proceeding brought under this article, and for such purposes the violation of this article is hereby declared an unclassified misdemeanor. The Town's justice court is hereby vested with jurisdiction to issue administrative and other warrants in compliance with the New York Criminal Procedure Law and Administrative Codes of the State of New York, as well as to hear and adjudicate allegations relating to the criminal or civil violation of this article and thereafter, if appropriate, impose any fine, penalty, or sanction.