Plattekill City Zoning Code
ARTICLE VIII
Solar Energy
§ 110-75 Authority.
This Zoning of Solar Energy article is adopted pursuant to §§ 261, 262 and 263 of the New York State Town Law and Municipal Home Rule Law § 10 of the State of New York, which authorizes the Town of Plattekill to adopt local laws and zoning provisions that advance and protect the health, safety, and welfare of the community, and "to make provision for, so far as conditions may permit, the accommodation of solar energy systems and equipment and access to sunlight necessary therefor."[1]
§ 110-76 Statement of purpose.
A.
This Zoning of Solar Energy article is adopted to advance and protect the public health, safety, and welfare of the Town of Plattekill, including:
(1)
Taking advantage of a safe, abundant, renewable, and nonpolluting energy resource;
(2)
Decreasing the cost of energy to the owners of commercial and residential properties, including single-family houses; and
(3)
Increasing employment and business development in the region by furthering the installation of solar energy systems.
§ 110-77 Definitions.
As used in this article, the following terms shall have the meanings indicated:
Any person, firm, partnership, association, corporation, company or organization of any kind who or which requests an approval or permit to construct a solar energy system.
Notwithstanding the definition of "lot coverage" (area of use) found elsewhere in this chapter, for the purpose of this article, lot coverage shall include the area within the parcel measured from the outer edge(s) of the arrays, inverters, batteries, storage cells and all other mechanical equipment used to create solar energy, exclusive of fencing and access roadways.
A combination of photovoltaic building components integrated into any building envelope system such as vertical facades, including glass and other facade material, semitransparent skylight systems, roofing materials, and shading over windows.
Solar installations owned collectively through subdivision homeowners' associations, college student groups, "adopt-a-solar-panel" programs, or other similar arrangements.
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 on-site or off-site consumption.
A unit of electrical power equal to 1,000 watts, which constitutes the basic unit of electrical demand. A watt is a metric measurement of power (not energy) and is the rate (not the duration) at which electricity is used. One thousand kilowatts are equal to one megawatt (MW).
A unit of energy equivalent to one kilowatt (1 kW) of power expended for one hour of time.
A solar energy system that is ground mounted and produces energy primarily for the purpose of off-site use, sale or consumption.
Equal to 1,000 kilowatts; a measure of the use of electric power.
A meter used to measure the flow of electricity from the solar photovoltaic (PV) system to the electric utility grid for the purpose of net metering.
A solar energy system designed to be used primarily for export of solar energy to be used primarily by parcels other than the parcel it is located on.
A solar energy system designed to be used primarily by the building and/or parcel on which it is located.
Any person, firm, partnership, association, corporation, company or organization of any kind who or which: 1) owns a solar energy system, or 2) owns real property upon which a solar energy system is constructed or proposed.
A person who has skills and knowledge related to the construction and operation of solar electric equipment and installations and has received safety training on the hazards involved. Persons who are on the list of eligible photovoltaic installers maintained by the New York State Energy Research and Development Authority (NYSERDA), or who are certified as a solar installer by the North American Board of Certified Energy Practitioners (NABCEP), shall be deemed to be qualified solar installers for the purposes of this definition.
An arrangement with the electric utility that allows for the kilowatt hours (kWh) generated from a solar PV system located at a specific site to be credited towards kWh of consumption at a different location.
A solar panel system located on the roof of any legally permitted building or structure for the purpose of producing electricity for on-site or off-site consumption.
An easement recorded pursuant to New York State Real Property Law § 335-b, Recording of solar energy easements.
Any number of electrically connected solar photovoltaic (PV) panels that are connected to the same inverter.
Electrical energy storage devices, material, hardware, inverters, or other electrical equipment and conduit of photovoltaic devices associated with the production of electrical energy.
A solar energy collection system consisting of solar photovoltaic cells, panels and/or arrays, and solar-related equipment, which rely upon solar radiation as an energy source for collection, inversion, storage and distribution of solar energy for electricity generation.
A collective solar energy system occupying less than or equal to two acre areas of use consisting of ground-mounted solar arrays or roof panels and associated control conversion electronics and that will be used to produce utility power to provide energy only for the on-site use and consumption of the specified lots associated with a particular major or minor subdivision.
A photovoltaic device capable of collecting and converting solar energy into electrical energy.
The angle of the solar panels and/or solar collector relative to the latitude. True solar noon is when the sun is at its highest during its daily east to west path across the sky.
§ 110-78 Applicability.
This Solar Energy article shall apply to all land uses, structures and subdivisions within the Town of Plattekill, as provided in this section.
A.
New land uses or structures; changes to uses or structures. Compliance with the requirements of the development standards of § 110-10, Schedule of District Regulations, and § 110-15, Accessory structures and uses, unless otherwise specifically modified herein, and where applicable, and Article V, Nonconforming Uses and Structures, is necessary for any person or public agency to lawfully establish, construct, alter or replace any structure.
B.
Effect on existing uses and structures. An existing land use or structure is lawful only when it was legally established and is operated and maintained in compliance with the applicable provisions of the Town Zoning Code, including Article V, Nonconforming Uses and Structures.
C.
Minimum requirements. The provisions of this Solar Energy article shall be the minimum requirements for the promotion of the health, safety, and general welfare. When this article provides for the discretion on the part of a Town official or body, that discretion may be exercised to impose more stringent requirements than set forth in this article as may be necessary to promote orderly land use development, environmental resource protection, and other purposes of this article.
D.
Plan review. Small-scale ground-mounted solar energy systems and solar energy systems designed for subdivision use, site plan review and approval in accordance with the provisions of Article IV shall apply, and special permit review and approval shall be in accordance with the provisions in § 110-81 of this article and shall apply to solar energy systems designed for subdivision use.
E.
Other requirements may apply. The construction and operation of all solar energy system installations shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, electrical, and communications requirements. All buildings and fixtures forming part of a solar energy system installation shall be constructed in accordance with the New York State Fire Prevention and Building Code. Nothing in this Solar Energy article eliminates the need for obtaining any permits or approvals required by other provisions of the Plattekill Town Code, or the regulations of any county, state or federal agency.
F.
The requirements of this article shall apply to all ground-mounted solar energy systems installed or modified after its effective date, excluding general maintenance and repair.
G.
Solar energy system installations for which a valid building permit has been issued and for which installation has commenced before the effective date of this article shall not be required to meet the requirements of this article.
H.
Solar collectors, unless part of a large-scale solar energy system or solar energy system designed for a subdivision use, shall be permitted only to provide power for use by its owners, lessees, tenants, residents, or other occupants of the premises on which they are erected, but nothing contained in the provision shall be constructed to prohibit collective solar installations or the sale of excess power through a net billing or net metering arrangement in accordance with New York Public Service Law § 66 or similar state or federal statute.
§ 110-79 Solar energy systems as accessory uses or structures.
A.
Roof-mounted solar energy systems (permit required).
(1)
Residential roof-mounted solar energy systems that use the electricity on site or off site shall be exempt from site plan review under local Zoning Code or other land use regulations, but shall still be subject to local building codes and New York State regulations.
B.
Small-scale ground-mounted solar energy systems (permit required).
(1)
Ground-mounted solar energy systems that use electricity primarily on site are permitted as accessory structures in all zoning districts.
(2)
Height and setback. Ground-mounted solar energy systems shall adhere to the height and setback requirements of the underlying zoning districts. Solar panels are restricted to a maximum height of six feet when located closer than 15 feet from a lot line; and a height of 12 feet when located at a distance greater than 15 feet from a lot line. All height measurements are to be calculated when the solar energy system is oriented at maximum vertical tilt angle.
(3)
Lot coverage. By definition, small-scale ground-mounted solar energy systems are limited to 1,500 square feet of lot coverage or less. The surface area covered by ground-mounted solar panels shall be included in the total lot coverage.
(4)
A building permit is required for the installation of all solar energy systems. Architect- or engineer-prepared drawings, both stamped and signed, are required for all solar systems, to include structural capacity, wind anchoring, and an elevation plan review of the installation.
(5)
Installation process.
(a)
Existing on-site vegetation designated to be utilized as screening shall be preserved to the maximum extent possible and shall be diligently maintained to protect its vitality. Site plans shall be developed that provide for the preservation of natural vegetation in large unbroken blocks that also allow contiguous open spaces to be established when adjacent parcels are developed.
(b)
A land-grading and vegetation-clearing plan shall be prepared. Clear-cutting of all trees in a single contiguous area shall be limited to the area of the equipment compound plus the area of the emergency access roadway and the area required for solar access.
(c)
Installations must be performed by a qualified solar installer, and prior to operation, the electrical connections to the existing electrical system must be inspected and certified by an approved electrical inspector. In addition, any connection to the public utility grid must be inspected by the appropriate public utility.
(d)
When solar storage batteries are included as part of the solar system, they must be placed in a secure container or enclosure meeting the requirements of the New York State Building Code when in use, and when no longer used shall be disposed of in accordance with the laws and regulations of Ulster County and other applicable laws and regulations.
(6)
All systems in residential districts shall be installed in the side or rear yards.
(7)
Ground-mounted solar energy systems that use the electricity primarily on site shall be exempt from site plan review under the local Zoning Code or other land use regulations.
(8)
All ground-mounted solar energy systems shall have protective natural screening and/or solid panel fencing, with a minimum height of six feet, surrounding the ground-mounted apparatus, or along neighboring property boundaries. Any solid panel fencing cannot be translucent in nature.
§ 110-80 Approval standards for large-scale solar systems as special uses.
A.
Large-scale solar energy systems are permitted through the issuance of a special use permit within the RS-1, RR-1.5, AG-1.5, GB-80, and M-3 Zoning Districts, subject to the requirements set forth in this section, including site plan approval. Large-scale solar energy systems are an excluded or nonpermitted use in the HR-1, BD-40, and BD-60 Zoning Districts. Applications for the installation of a large-scale solar energy system shall be reviewed by the Zoning Code Enforcement Officer and referred, with comments, to the Town of Plattekill Planning Board for its review and action, which can include approval, approval with conditions, or denial. All special use permits shall be subject to review by the Town of Plattekill Planning Board.
B.
Special use permit application requirements. For a special use permit application, the site plan application is to be used as supplemented by the following provisions:
(1)
If the property of the proposed project is to be leased, legal consent between all parties, specifying the use(s) of the land for the duration of the project, including easements and other agreements, shall be submitted.
(2)
Professional drawings and or certified blueprints showing the layout of the solar energy system signed by a licensed professional engineer or licensed registered architect shall be required.
(3)
The equipment specification sheets shall be documented and submitted for all photovoltaic panels, significant components, mounting systems and inverters that are to be installed.
(4)
Property operation and maintenance plan. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing and trimming around the ground-mounted solar energy system.
(5)
Vegetation.
(a)
Existing on-site vegetation designated to be utilized as screening shall be preserved to the maximum extent possible and shall be diligently maintained to protect its vitality. Site plans shall be developed that provide for the preservation of natural vegetation in large unbroken blocks that also allow contiguous open spaces to be established when adjacent parcels are developed.
(b)
A land-grading and vegetation-clearing plan shall be prepared. Clear-cutting of all trees in a single contiguous area shall be limited to the area of the equipment compound plus the area of the emergency access roadway and the area required for solar access.
(6)
All stormwater regulations shall be complied with. The applicant shall comply with the State Pollution Discharge Elimination System guidelines (SPDES). If determined to be required, a stormwater pollution prevention plan (SWPPP) shall be prepared and a stormwater, erosion, and slope analysis of the land shall be required to be assessed by a New York State licensed professional engineer for the site and any road used to access the site.
(7)
Decommissioning plan. To ensure the proper removal of large-scale solar energy systems, a decommissioning plan shall be submitted as part of the application. Compliance with this plan shall be made a condition of the issuance of a special use permit under this section. The decommissioning plan must specify that after the large-scale solar energy system can no longer be used, and has been abandoned for 12 months, it shall be removed by the applicant, owner or any subsequent owner. The plan shall demonstrate how the removal of all infrastructure and the remediation of soil and vegetation shall be conducted to return the parcel to its original state prior to construction. The plan shall also include an expected timeline for execution not to exceed six months. A cost estimate detailing the projected cost of executing the decommissioning plan shall be prepared by a licensed professional engineer or licensed contractor. Cost estimates shall take into account inflation. Removal of large-scale solar energy systems must be completed in accordance with the decommissioning plan. If the large-scale solar energy system is not decommissioned after being considered abandoned, the municipality may access the property to remove the system and restore the property to its original state, and impose a lien on the property to cover the costs, fees and expenses incurred by the municipality as more particularly set forth below.
(8)
Removal by Town and reimbursement of Town expenses. Any costs incurred by the Town for decommissioning and removal that are not paid for or covered by the property owner shall become a lien and tax upon said property, shall be added to and become part of the taxes to be levied and assessed thereon, and shall be enforced and collected with interest by the same officer and in the same manner, by the same proceeding, at the same time and under the same penalties as are provided by law for the collection and enforcement of real property tax in the Town.
C.
Special use permit standards.
(1)
Height and setback. Large-scale solar energy systems shall adhere to the appropriate height and setback requirements as set forth in the applicable zoning districts. All large-scale solar energy systems shall be no less than 50 feet off all property boundaries and have a maximum height of 12 feet. All height measurements are to be calculated when the solar energy system is oriented at maximum vertical tilt angle. These height and setback requirements pertain to the following Zoning Districts: RS-1, RR-1.5, AG-1.5, GB-80, and M-3, where such systems are a permitted special use.
(2)
Lot size. Large-scale energy systems shall be located on lots with a minimum lot size of one acre.
(3)
Lot coverage. A large-scale solar energy system that is ground mounted shall not exceed 50% of the lot on which it is installed. The surface area covered by solar panels shall be included in the total lot coverage.
(4)
All large-scale solar energy systems shall be enclosed by fencing at least six feet in height to prevent unauthorized access. Warning signs shall be posted in a visible area and shall be two feet by two feet in size, and the owner's contact information shall be placed on the entrance and perimeter of the fencing. The fencing and the system shall be further screened by appropriate landscaping acceptable to the Planning Board to avoid adverse aesthetic impacts.
(5)
Large-scale solar energy systems are permitted through the issuance of a special use permit within the RS-1, RR-1.5, AG-1.5, GB-80 and M-3 Zoning Districts, subject to the requirements set forth in this section, including site plan approval. Large-scale solar energy systems shall not be permitted to be constructed on areas of prime farmland and/or soils of statewide significance as designated by the United States Department of Agriculture.
(6)
An annual property inspection shall be required, and conducted by the Town of Plattekill Building Inspector and/or Code Enforcement Officer, as part of the site plan approval. A base inspection fee of $200 shall be assessed annually for each project, in addition to a charge of $50 per megawatt. A required annual report detailing the monthly productivity shall be forwarded to the Plattekill Building Inspector and/or Code Enforcement Officer detailing the monthly metering reports. These reports should be the same documents filed with the respective utility company.
(7)
Any application under this section shall meet any substantive provisions contained in local site plan requirements in the Zoning Code that, in the judgment of the Planning Board, are applicable to the system being proposed. If none of the site plan requirements are applicable, the Planning Board may waive the requirement for site plan review.
(8)
The Planning Board may impose conditions on its approval of any special use permit under this section in order to enforce the standards referred to in the section or in order to discharge its obligations under the State Environmental Quality Review Act (SEQRA).
§ 110-81 Solar energy system designed for subdivision use.
A.
When an application for either a minor or major subdivision is presented to the Planning Board, which plans include incorporation of a solar energy system as a community energy source, the following criteria for the review and use shall be considered:
(1)
Solar energy collectors shall be permitted only to provide power for use by the owners, lessees, tenants, residents, or other occupants of the subdivision on which they are erected, but nothing contained in this provision shall be construed to prohibit collective solar installations or the sale of excess power through a net billing or net-metering arrangement in accordance with New York Public Service Law § 66-j or similar state or federal statute.
(2)
The solar energy system shall be located on one or more lots of the subdivision.
(3)
All solar energy systems shall be designed, erected and installed in accordance with all applicable codes, regulations and standards.
(4)
A homeowners' association shall be established for the operation and maintenance of the solar energy system.
B.
Permitted locations.
(1)
Solar energy systems designed for subdivision use shall be permitted in all zoning districts with site plan review and approval from the Planning Board pursuant to the provisions of the Code of the Town of Plattekill issued in conjunction with minor or major subdivision review, provided that the solar energy system meets the criteria set forth in this subsection and any other applicable provisions of this Zoning chapter, and all other necessary approvals are obtained.
(2)
Solar energy systems designed for subdivision use shall not be permitted in one-hundred-year flood hazard zones considered V or AE Zones on the FEMA (Federal Emergency Management Agency) Flood Insurance Rate Maps or within 100 feet of a New York State or federally designated wetland.
C.
Specific site plan requirements. A solar energy system designed for a subdivision use shall comply with all the site plan requirements of the Code of the Town of Plattekill. Additional requirements for the use shall include but not be limited to the following:
(1)
Maximum area: The maximum area of use for a solar energy system for a specific subdivision use shall occupy less than two acres of land area in use.
(2)
Height: The maximum height for freestanding solar panels located on the ground or attached to a framework located on the ground shall not exceed 12 feet in height above the ground when measured at maximum vertical tilt angle.
(3)
Setbacks: The minimum setback for a solar energy system designed for a specific subdivision use and equipment used in conjunction with the solar energy system shall be at least 35 feet from all lot lines of parcels associated with the subdivision and 50 feet from all perimeter lot lines of contiguous parcels not a part of the subdivision.
(4)
A minimum twenty-five-foot perimeter buffer, which may be partially or totally within the subdivision perimeter lot line setback, consisting of natural and undisturbed vegetation, supplemented with evergreen plantings in accordance with Town standards, as needed, shall be provided around all mechanical equipment and solar panel arrays to provide screening from adjacent properties and Town, county and state roads.
(5)
The solar energy system shall be preferably located on an interior lot of the subdivision and placed away from contiguous residential use. Where a solar energy system designed for a specific subdivision use will abut other residential uses outside of the boundaries of the subdivision, there shall be increased consideration for mitigating visual impact to the residential use. For example, increased setbacks, visual screening that does not impair solar access, or sound buffering may be by the Planning Board. Planting of invasive species for screening and buffering shall be prohibited.
(6)
Existing on-site vegetation designated to be utilized as screening shall be preserved to the maximum extent possible and shall be diligently maintained to protect its vitality. Site plans shall be developed that provide for the preservation of natural vegetation in large unbroken blocks that also allow contiguous open spaces to be established when adjacent parcels are developed.
(7)
A land-grading and vegetation-clearing plan shall be prepared. Clear-cutting of all trees in a single contiguous area shall be limited to the area of the equipment compound plus the area of an emergency access roadway and the area required for solar access.
(8)
Landscape screening shall be provided in accordance with the landscaping provisions of this chapter. Noninvasive ground cover under and between the rows of solar panels shall be low maintenance, drought-resistant, and non-fertilizer-dependent.
(9)
Debris, materials and/or mulch generated by site clearing or construction shall not be stockpiled on site.
(10)
A stormwater, erosion, and slope analysis of the land shall be required to be assessed by a New York State licensed professional engineer for the site and any road used to access the site. The total area of the face of all solar panels shall be calculated and considered impervious surface. The applicant shall comply with the State Pollutant Discharge Elimination System (SWPPP) guidelines. A SWPPP shall be prepared, if determined to be required, and all local stormwater regulations shall be complied with.
(11)
Conveyance of energy to subdivision lots. The site plan shall show the pathways of utility service lines which will be put into place to convey energy to each lot of the subdivision. Necessary utilities to serve the site shall preferably be underground and in compliance with all local, state, and federal laws, rules, and regulations, including specifically, but not limited to, the National Electrical Safety Code and the National Electrical Code where appropriate.
(12)
Overhead lines shall follow access roads and/or existing tree lines to minimize visual impact upon surrounding properties.
(13)
All solar energy systems shall be designed and located in order to prevent reflective glare to the maximum extent practicable.
(14)
Signs. A sign no greater than two feet indicating the name of the facility owner(s) and a twenty-four-hour emergency telephone number shall be posted. In addition, a "No Trespassing" sign or other warning signs shall be posted. All signage shall be maintained in legible condition and contain accurate information. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations. No signage of any kind shall be allowed to be attached to solar panels or support structures, except any required safety warnings.
(15)
A solar energy system connected to the utility grid shall provide written proof from the local utility company acknowledging the solar energy facility will be interconnected to the utility grid.
(16)
A plan for the operation and maintenance of the solar energy facility shall be prepared, including proposed covenants and restrictions and a management plan for the proposed homeowners' association (HOA).
(17)
A decommissioning plan, as detailed in § 110-84 (Abandonment and decommissioning) of this article, shall be complied with for all solar energy projects within the Town. The decommissioning plan should describe the decommissioning and final land reclamation plans to be followed after the anticipated useful life, abandonment, or termination of the project, including evidence of proposed commitments with affected parties (any lessor or property owner, etc.) that ensure proper final reclamation of the solar energy project. Among other things, revegetation and potential road repair activities should be addressed in the plan. The site should be restored to as natural condition as possible within six months of the removal.
§ 110-82 Solar energy easements.
A.
Where a subdivision of land, either residential or commercial development, involves the use of a solar energy system, solar easements may be provided. Any such easement shall be in writing, and shall be subject to the same conveyance and instrument recording requirements as other easements.
B.
Any such easement shall be appurtenant, shall run with the land benefited and burdened, and shall be defined and limited by conditions stated in the instrument of conveyance. Instruments creating solar easements shall include but not be limited to:
(1)
A description of the dimensions of the easements, including horizontal and vertical angles measured in the degrees or the hours of the day, on specified dates, during which direct sunlight to a specified surface or structural design feature may not be obstructed.
(2)
Restrictions on the placement of vegetation, structures and other objects which may impair or obstruct the passage of sunlight through the easement.
(3)
Enumeration of the terms and conditions, if any, under which the easement may be revised or terminated.
(4)
An explanation of the compensation for the owner of the real property subject to the solar easement for maintaining the easement and for the owner of the real property benefiting from the solar easement in the event of interference with the easement.
§ 110-83 Safety standards applicable to all solar energy systems: monitoring and maintenance.
A.
All solar collector installations must be performed by a qualified solar installer.
B.
Solar energy system installation conditions. The large-scale solar energy system installation property owner or operator shall maintain a facility in good condition. Maintenance shall include, but not limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to meet and conform to the New York State Uniform Fire Prevention and Building Code. The owner or operator shall be responsible for the cost of maintaining the solar energy system installation and any access road(s).
C.
Modification. All material modifications to the large-scale solar energy system installation made after issuance of the required building permit shall require approval by the Plattekill Planning Board through site plan review.
D.
All solar energy systems shall be designed and located in order to prevent reflective glare from impacting roadways and contiguous properties to the maximum extent practicable.
E.
If solar storage batteries are included as part of the solar collection system, they must be placed in a secure container or enclosure meeting the requirements of applicable residential, building, fire and electric codes when in use, and when no longer used shall be disposed of in accordance with the laws and regulations of the Town of Plattekill and other applicable laws and regulations.
F.
Prior to operation, electrical connections must be inspected by a Town Code Enforcement Officer and by an electrical inspection person or agency, as determined by the Town.
G.
Any connection to the public utility grid must be inspected by the appropriate public utility.
H.
Solar energy systems and equipment shall be marked in order to provide emergency responders with appropriate warning and guidance with respect to isolating the solar electric system. Materials used for marking shall be weather-resistant.
(1)
For residential applications, the marking may be placed within the main service disconnect. If the main service disconnect is operable with the service panel closed, then the marking should be placed on the outside cover.
(2)
For nonresidential applications, the marking shall be placed adjacent to the main service disconnect in a location clearly visible from the location where the lever is operated.
(3)
In the event any of the standards in this Code for markings are more stringent than applicable provisions of applicable residential, building, fire and electric codes, they shall be deemed to be guidelines only, and the standards of the applicable residential, building, fire and electric codes shall apply.
§ 110-84 Abandonment and decommissioning.
The property owner shall sign a letter of commitment, which shall require the large-scale solar energy production facility owner and its successors and assigns to notify the Plattekill Building Inspector, in writing, within 30 days of the discontinuance of use of the facility. Failure to notify and thereafter remove the facility and all appurtenances shall be deemed a violation punishable under applicable provisions of the Town of Plattekill Zoning Law. Notwithstanding this provision, the Building Inspector shall have the right to independently investigate any discontinuance of the facility and render a written determination setting forth the extent, duration and facts evidencing the violation and the discontinuance of the facility. Upon rendering said written determination, written notice of the determination shall be provided to the owner and the lessees of the facility and the owners of the real property upon which the facility is situate by certified mail, return receipt requested. Sixty days after proven receipt of the notice of the determination by the facility owner, any lessee of the facility and the owners of the real property said facility is situate thereon, the Building Inspector and the Town of Plattekill may commence legal proceedings and have the facility removed from the site in accordance with the applicable law.
A.
Abandonment.
(1)
Roof-mounted and small-scale ground-mounted solar energy systems are considered abandoned after 12 months without significant electrical energy generation and must be removed from the property. Any large-scale solar energy system which is producing 10% or less of its original approved output, as described within the decommissioning plan, shall be considered nonfunctioning and abandoned. An application for an extension can be submitted to the Planning Board for review, and the Board may grant one extension for up to a three-month period.
(2)
Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the large-scale solar energy system installation shall be considered abandoned when it fails to operate for more than 12 consecutive months with electrical energy generation of at least 10% of its originally proposed output, without the written consent of the Town Board. If the property owner or operator of the large-scale solar energy system installation fails to remove the installation in accordance with the requirements of this section within 90 days of abandonment or the proposed date of decommissioning, the Town retains the right, after the receipt of an appropriate court order, to enter the property and physically remove an abandoned, hazardous, or decommissioned large-scale solar energy system installation. As a condition of site plan approval, the applicant and landowner shall agree to allow entry to remove an abandoned or decommissioned installation.
B.
Decommissioning: removal requirements. Any large-scale solar energy system installation which has reached the end of its useful life or has been abandoned consistent with § 110-84A, Abandonment, of this article shall be removed. The property owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The property owner shall notify the Town Board by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:
(1)
Physical removal of all large-scale solar energy system installations, structures, equipment, security barriers, and transmission lines from the site.
(2)
Disposal of all solid and hazardous waste in accordance with local, state and federal waste disposal regulations.
(3)
Stabilization or revegetation of the site as necessary to minimize erosion. The Town Board may allow the property owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.
C.
Reimbursement of Town expenses. The property owner shall submit a fully inclusive estimate of the cost associated with removal, prepared by a qualified engineer and accepted by the Town. The amount shall include a mechanism for calculating increased removal costs due to inflation. Any cost incurred by the Town for decommissioning and removal, including legal costs, shall be assessed against the property, shall become a lien and tax upon said property, shall be added to and become part of the taxes levied and assessed thereon, and shall be enforced and collected with interest by the same officer and in the same manner, by the same proceedings, at the same time and under the same penalties as are provided by law for the collection and enforcement or real property taxes in the Town.
D.
To ensure access by the Town to the solar energy system installation site for inspections and to provide access in the event that the Town undertakes the removal of the solar energy system, prior to granting a building permit or site plan approval for the installation of a solar energy system, the property owner must provide to the Town a written easement for ingress, egress and regress from the public road to the property where the solar energy system is to be installed, and including the property on which the solar energy system is located, and must be recorded in the Ulster County Clerk's Office at the property owner's expense. Said easement must be free of all mortgages and encumbrances.
§ 110-85 Enforcement.
Any violation of this Solar Energy article shall be subject to the same civil and criminal penalties provided for in the Zoning Regulations of the Town of Plattekill. Appearance tickets may be issued and enforcement proceedings may brought by the Building Inspector, Code Enforcement Officer, Zoning Enforcement Officer, local law enforcement officers, any deputy of the aforesaid officers or by the Town Supervisor and by such other officers and employees as the Town Board may from time to time designate.
§ 110-86 Severability.
The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision or phrase of the aforementioned sections as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional shall not affect the validity of enforceability of any other section, subsection, paragraph, sentence, clause, provision or phrase, which shall remain in full force and effect.