Phelps Town City Zoning Code
ARTICLE XV
Solar Energy Systems
[Added 1-8-2018 by L.L. No. 1-2018]
§ 145-80 Purpose and intent.
A.
The purpose of this article is to provide for the location, regulation and processing of applications for solar energy systems within the Town of Phelps. The intent is to both encourage the use of renewable energy systems based on sunlight and at the same time to protect the natural, visual, historic, economic, cultural and agricultural resources of the Town and to minimize adverse impacts associated with solar energy systems.
B.
Solar energy systems are hereby allowed within the Town to protect the health, safety, welfare of Town residents, property and the environment. This article regulates, among other things, the location, and design and in some cases the operation of solar energy systems in order to:
(1)
Protect the health, safety and general welfare of the residents of the Town of Phelps.
(2)
Establish predicable regulations for solar energy systems activities.
(3)
Take advantage of a renewable energy source.
(4)
Avoid potential impacts to adjacent properties from solar energy systems.
(5)
Ensure harmony and compatibility with surrounding land use patterns.
(6)
Ensure consistency with the Town's Comprehensive Plan to protect the agricultural lands within the Town.
§ 145-81 Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
BUILDING-INTEGRATED PHOTOVOLTAIC SYSTEM
A combination of photovoltaic building components integrated into any building envelope system such as vertical facades including glass and other facade material, semitransparent skylight system, roofing materials and shading over windows.
GROUND-MOUNTED SOLAR ENERGY SYSTEM
A solar energy system that is anchored to the ground and attached to a pole or other mounting system, detached from any other structure, for the primary purpose of producing electricity for onsite consumption.
LARGE-SCALE SOLAR ENERGY SYSTEM
A solar energy system that is ground-mounted and produces energy primarily for the purpose of offsite sale and/or consumption.
ROOF-MOUNTED SOLAR ENERGY SYSTEM
A solar panel system located on the roof of any legally permitted building and or structure for the purpose of producing electricity for onsite and/or offsite consumption.
SOLAR ENERGY EQUIPMENT
Electrical energy storage devices, material, hardware, inverters and/or other electrical equipment and conduit of photovoltaic devices associated with the production of electrical energy.
SOLAR ENERGY SYSTEM
An electrical generating system composed of a combination of both solar panels and solar energy equipment.
SOLAR PANEL
A photovoltaic device capable of collecting and converting solar energy into electrical energy.
§ 145-82 Applicability.
The requirements of this article shall apply to all solar energy systems installed or modified after its effective date, excluding general maintenance and repair and building-integrated photovoltaic systems.
§ 145-83 Solar as accessory use or structure.
A.
Roof-mounted solar energy systems.
(1)
Roof-mounted solar energy systems that use the electricity onsite and/or offsite are permitted as an accessory use in all zoning districts when attached to any lawfully permitted building or structure.
(2)
Height. Roof-mounted solar energy systems shall be exempt from the maximum height restrictions of the zoning district within which they are located.
(3)
Aesthetics. Roof-mounted solar energy system installations shall incorporate, when feasible, the following design requirements:
(a)
Panels facing the front yard must be mounted at the same angle as the roof's surface with a maximum distance of 18 inches between the roof and the highest edge of the system.
(4)
Reviews and permits. Roof-mounted solar energy systems that use the energy onsite and/or offsite shall be required to obtain a building permit, and roof-mounted solar energy systems shall be exempt from site plan review and special use permit review.
B.
Ground-mounted solar energy systems.
(1)
Ground-mounted solar energy systems that use the electricity primarily for onsite consumption are permitted as accessory structures in all zoning districts within the Town.
(2)
Height and setback. Ground-mounted solar energy systems shall not exceed 15 feet in height and shall adhere to the setback requirements of the underlying zone district.
(3)
Lot coverage. Ground-mounted solar energy systems are limited to the maximum building coverage of lot designated for each zone district, and the surface area covered by ground-mounted solar panels shall be included in the total lot coverage.
(4)
Location. All ground-mounted solar energy systems shall be installed in the side or rear yards.
(5)
Reviews and permits. Ground-mounted solar energy systems that use the electricity primarily onsite shall be required to obtain a building permit from the Town. Ground-mounted solar energy systems other than for one- and two-family dwellings shall be required to obtain site plan approval as set forth in Chapter 115 of the Town Code. All installations must be performed in accordance with the applicable electrical and building codes, the manufacturer's installation instructions and industry standards, and prior to the operation of the electrical connections must be inspected by the Town Code Enforcement Officer or by an appropriate electrical inspection person or agency as determined by the Town.
(6)
Where site plan approval is required elsewhere in the regulations of the Town for a development or activity, the site plan review shall include review of the adequacy, location, arrangement, size, design and general site compatibility of the proposed ground-mounted solar energy systems.
§ 145-84 Large-scale solar systems as permitted use.
A.
Large-scale solar energy systems are a permitted use, subject to the requirements set forth in this section, within the following zone districts:
(1)
Commercial District (C-1).
(2)
Mining District (M-1).
(3)
Mining Overlay District (MOD).
(4)
Neighborhood Commercial C-2 District.
B.
The following requirements shall apply to all large-scale solar energy systems in each zone district that they may be located:
(1)
Height and minimum yard/setback. Large-scale solar energy systems shall be no more than 15 feet in height and shall have a minimum yard/setback of 40 feet for the front, each side and rear.
(2)
Lot coverage. Large-scale solar energy systems shall not exceed 60%. The surface area covered by solar panels shall be included in the total lot coverage.
C.
Large-scale solar utilities shall not be located within the following areas of potential sensitivity:
(1)
One-hundred-year flood hazard zones considered a V or AE Zone on the FEMA Flood Maps.
D.
Site plan approval required. Large-scale solar energy systems shall be required to obtain site plan approval from the Town Planning Board. The site plan application and its requirements for obtaining site plan approval (Chapter 115 of the Town Code) shall be supplemented by the following additional provisions:
(1)
If the property of the proposed project is to be leased, legal consent between all parties, specifying the uses(s) of the land for the duration of the project, including easements and other agreements, shall be submitted.
(2)
Blueprints showing the layout of the solar energy system signed by a professional engineer or registered architect and the generating capacity of the large-scale solar energy system on a monthly and annual basis shall be required.
(3)
The equipment specification sheets shall be documented and submitted for all photovoltaic panels, significant components, mounting systems, and inverts that are to be installed.
(4)
Property operation and maintenance plan. Such a plan shall describe continuing photovoltaic maintenance and property upkeep and maintenance, such as mowing and trimming.
(5)
Detailed plans and specifications for any proposed fencing to be installed, including but not limited to the location(s), height and type of fencing material(s) to be installed.
(6)
Decommissioning plan.
(a)
To ensure the proper removal of large-scale solar energy systems, and to ensure the site will be restored to a useful, nonhazardous condition, without delay, a decommissioning plan shall be submitted as part of the application. Compliance with this plan shall be made a condition of site plan approval and the issuance of a building permit. The decommissioning plan must specify that after the large-scale solar energy system is no longer in use, it shall be removed by the applicant or any subsequent owner and that this be in the form of a recorded instrument legally binding on the owner of the large-scale solar energy system and to the real property on which it is installed. The decommissioning plan shall also include the requirement that any subsequent transfers of the large-scale solar energy system and/or the real property from the date of the site plan approval shall be conditioned on the transferee agreeing to be held responsible and liable for the decommissioning plan.
(b)
The decommissioning plan shall include the energy-generating capacity of the large-scale solar energy system on an annual basis together with a provision that annually, on or before January 30th of each year, a report shall be furnished to the Town Code Enforcement Officer reporting the amount of energy generated by the large-scale solar energy system.
(c)
The decommissioning plan shall demonstrate how the removal of all infrastructure and the remediation of soil and vegetation shall be conducted to return the site to a useful and nonhazardous condition and shall include but not be limited to the following:
[1]
Removal of aboveground and belowground equipment, structures and foundations.
[2]
Restoration of the surface grade and soil after removal of equipment.
[3]
Revegetation of restored soil areas with native seed mixes, excluding any invasive species.
[4]
A time frame for the completion of the site restoration work.
[5]
A cost estimate detailing the projected cost prepared by a professional engineer or contractor, and cost estimates shall take into account inflation.
(d)
If the large-scale solar energy system is not completed and functioning within 18 months of the issuance of the site plan approval and/or issuance of a building permit, the Town may notify the permittee to complete construction within 180 days. If the permittee fails to perform, the Town may notify the permittee to implement the decommissioning plan. The decommissioning plan must be completed within 180 days of notification by the Town to so implement the decommissioning plan. Removal of large-scale solar energy systems must be completed in accordance with the decommissioning plan.
(e)
Upon cessation of activity of a constructed facility for a period of one year and/or generating less than 50% of the approved capacity, the Town may notify the permittee to implement the decommissioning plan. Within 180 days of notice being served, the permittee can either restore operation to 80% of approved capacity or implement the decommissioning plan.
(f)
If the permittee fails to fully implement the decommissioning plan within the one-hundred-eighty-day time period, the Town may, at its discretion, provide for the restoration of the site in accordance with the decommissioning plan and may recover all costs and expenses incurred for such activities from the defaulted permittee. The costs incurred by the Town shall be assessed against the property, shall become a lien and tax upon the property, and shall be enforced and collected with interest by the same officer and in the same manner as other taxes.
E.
Additional design standards. In addition to the standards provided for in § 115-2, the following additional principals and standards shall be applied to applications for large-scale solar systems:
(1)
A landscape buffer shall be provided around the large-scale solar energy system and solar panels to provide screening from adjacent properties and roads and to minimize glare to adjacent properties and roadways and traffic thereon.
(2)
Removal of trees and other existing vegetation shall be minimized or offset with planting elsewhere on the property.
(3)
Roadways within the site shall not be constructed of impervious materials and shall be designed to minimize the extent of roadways constructed and soil compaction.
(4)
All on-site utility and transmission lines shall, to the extent feasible, be placed underground.
(5)
Signs. A sign not to exceed eight square feet shall be displayed on or near the main access point and shall list the facility name, owner, phone number and address. A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.
F.
Reviews and permits. Large-scale solar systems that are ground-mounted and produce energy primarily for the purpose of offsite sale and/or consumption shall be required to obtain site plan approval as set forth in Chapter 115 of the Town Code and shall be required to obtain a building permit from the Town. As part of the building permit application, a large-scale solar energy system to be connected to the utility grid shall provide a proof of concept letter from the utility company acknowledging the large-scale solar energy system will be connected to the utility grid. All installations must be performed in accordance with the applicable electrical and building codes, the manufacturer's installation instructions and industry standards and prior to the operation the electrical connections must be inspected by the Town Code Enforcement Officer or by an appropriate electrical inspection person or agency as determined by the Town.
G.
The Planning Board may impose conditions on its approval of any site plan under this article in order to enforce the standards referred to in this article or in order to discharge its obligations under the State Environmental Quality Review Act (SEQRA).