Victor Town Ontario County
City Zoning Code
City Zoning Code
ARTICLE VI
Solar Photovoltaic Systems
[Added 2-10-2025 by L.L. No. 2-2025]
§ 211-55 Authorization.
This article is adopted pursuant to the authority granted to the Town of Victor at Municipal Home Rule Law.
§ 211-56 Title and purpose.
This law shall be known as and may be cited as Local Law No. 2-2025 to implement Chapter 211, Zoning, Article VI, Solar Photovoltaic Systems, of the Town of Victor. The purpose of this article is to implement Chapter 211 Zoning, Article VI, Solar Photovoltaic Systems in order to encourage and promote safe, effective, and efficient use of installed solar photovoltaic (PV) systems, which reduce on-site consumption of utility-supplied energy, and to protect the health, safety and welfare of adjacent and surrounding land uses and properties.
§ 211-57 Intent.
Meet goals of the Town Comprehensive Plan to: enhance agricultural viability; preserve productive agricultural land resources; protect the character of existing residential areas and, provide public utilities, facilities and services;
Support green economy innovations; and,
Support New York State in meeting renewable energy goals.
§ 211-58 Applicability.
This article shall apply to the following:
Roof-mounted, building-integrated and ground-mounted solar PV systems installed/constructed after the effective date of this Code.
Any upgrade, modification or structural change that alters physical size, generation capacity, location or placement of existing PV system.
Nonconforming PV systems. Nonconforming PV systems existing on the effective date of this Code may be altered or expanded provided alteration or expansion does not increase the extent of nonconformity.
Prohibition. In order to reduce reflection and glare, solar PV systems attached vertically to the side of a building are prohibited unless they are designed as a building-integrated solar PV system.
§ 211-59 Definitions.
As used in this article, the following terms shall have the meanings indicated:
Land used for a Farm Operation in accordance with Agriculture and Markets Law § 301 - uses of which include production of crops, livestock, and livestock products - within the past five years.
A flash of light prints a lingering image in your eye. After looking at something bright, such as a lamp or a camera flash, you may continue to see an image of that object when you look away. This lingering visual impression is called an afterimage.
A district created under Article 25-AA of the New York State Agriculture and Markets Law.
A combination of Solar Panels and Solar Energy Equipment integrated into any building envelope system such as vertical facades, semitransparent skylight systems, roofing materials, or shading over windows, which produce electricity for onsite consumption. A building-integrated system that has a system capacity greater than 25 kilowatts(kW) and/or generates more than 110% of kilowatt-hours(kWh) of electricity consumed over previous twelve-month period by land use(s) existing on the lot or parcel of land where system is located shall be considered large-scale. A building integrated system that is limited to a system capacity of 25 kilowatts(kW) and/or generating no more than 110% of the kilowatt-hours of electricity consumed over the previous twelve-month period by land use(s) existing on the lot or parcel of land where system is located shall be considered small-scale. In applying this standard, electricity consumption shall be determined by submission of utility bills showing electrical usage over said twelve-month period, or by another means deemed acceptable by the Code Enforcement Officer.
An energy storage device is a device that captures and stores energy in various forms, such as chemical, kinetic, or thermal, and then releases it when needed.
An individual possessing the skills and knowledge to effectively develop a site for use as a solar PV system and then reclaim the site restoring it, to the greatest extent practical, to its original use.
Land and on-farm buildings, equipment, facilities, and practices which contribute to the production, preparation, and marketing of crops, livestock, and livestock products as a commercial enterprise (in accordance with Agricultural & Markets Law § 301, Subdivision 11).
The sensation produced by a bright light (luminance) source within the visual field that is sufficiently greater (brighter) than the luminance level to which the eyes are adapted, to cause annoyance, discomfort, or loss in visual performance and visibility. Note: The magnitude of the sensation of glare depends upon such factors as the size, position, and luminance of the source and the brightness/luminance to which the eyes are adapted.
The entire surface area that is covered by a solar panel, or physically connected group of panels, regardless of the method by which the panels are supported or attached to the ground, as measured on a horizontal plane projected from the perimeter of said panel, or physically connected group of panels, vertically to the ground. For tilting panels, PV system coverage shall be determined by the tilt angle producing the greatest PV system coverage.
A solar PV system, including its specialized racking or other mounting system(s), which is installed on the ground and not attached to any other structure.
A ground-mounted solar PV system that has a system capacity greater than 25 kilowatts(kW) and/or generates more than 110% of kilowatt-hours(kWh) of electricity consumed over the previous twelve-month period by land use(s) existing on the lot or parcel of land where system is located. In applying this standard, electricity consumption shall be determined by submission of utility bills showing electrical usage over said twelve-month period, or by another means deemed acceptable by the Code Enforcement Officer.
A ground-mounted solar PV system that is limited to a system capacity of 25 kilowatts(kW). and/or generated no more than 110% of the kilowatt-hours(kWh) of electricity consumed over the previous twelve-month period by land use(s) existing on the lot or parcel of land where the system is located. In applying this standard, electricity consumption shall be determined by submission of utility bills showing electrical usage over said twelve-month period, or by another means deemed acceptable by the Code Enforcement Officer.
A solar energy system's maximum electric power output under optimal operation conditions.
A meter used to measure the flow of electricity from the solar PV system to the electric utility grid for the purpose of net metering.
A Solar Energy System located on a farm which is a "farm operation" (as defined herein which may include one or multiple contiguous or non-contiguous parcels) in an agricultural district, which is designed, installed, and operated so that the anticipated annual total amounts of electrical energy generated do not exceed more than 110% of the anticipated total electrical energy consumed by the farm operation.
An arrangement accepted by the public utility whereby a customer-sited renewable energy system is connected to the utility grid through a customer's utility meter ("behind-the-meter generation"). At any given moment, if the site is using more electricity than the system is producing, all the electricity produced by the system is used on-site and the site's electricity needs are supplemented from the grid. If the site uses less electricity than the system is producing, the excess electricity is exported to the grid and the customer receives a credit.
Land, designated as "prime farmland" in the U.S. Department of Agriculture Natural Resources Conservation Service (NRCS)'s Soil Survey Geographic (SSURGO) Database on Web Soil Survey based on soil characteristics that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber, and oilseed crops and is also available for these land uses.
An arrangement with public 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 PV system that is attached to the roof of a building that has a system capacity greater than 25 kilowatts(kW) and/or generates more than 110% of kilowatt-hours(kWh) of electricity consumed over previous twelve-month period by land use(s) existing on the lot or parcel of land where system is located. In applying this standard, electricity consumption shall be determined by submission of utility bills showing electrical usage over said twelve-month period, or by another means deemed acceptable by the Code Enforcement Officer.
A solar PV system that is attached to the roof of a building that is limited to a system capacity of 25 kilowatts(kW) and/or generating no more than 110% of the kilowatt-hours(kWh) of electricity consumed over the previous twelve-month period by land use(s) existing on the lot or parcel of land where system is located. In applying this standard, electricity consumption shall be determined by submission of utility bills showing electrical usage over said twelve-month period, or by another means deemed acceptable by the Code Enforcement Officer.
Any number of electrically connected solar photovoltaic(PV) panels that are connected to the same inverter.
Electrical material, hardware, inverters, conduit, energy storage devices, or other electrical and photovoltaic equipment associated with the production and storage of electricity.
A device, containing photovoltaic cells, capable of collecting and converting solar energy into electrical energy.
A solar energy collection system consisting of solar photovoltaic cells, panels and/or arrays, and other related equipment, which rely upon solar radiation as an energy source for collection, inversion, storage and distribution of solar energy for electricity generation. A solar PV system may be building-mounted, ground-mounted or building-integrated.
§ 211-60 Solar PV systems permitted by right.
By-right solar PV systems. The following systems shall be permitted by right in any zoning district in the Town, provided the system is generating electricity primarily for the land use(s) located on the same lot as the system, and the system meets the standards for by-right systems identified below. By-right systems shall require a building permit.
Building-integrated solar PV systems, small-scale. Permitted to face any rear, side and/or front yard area.
Roof-mounted solar PV systems, small-scale. Permitted to face any rear, side and/or front yard area.
Ground-mounted solar PV systems, small-scale.
On-farm solar energy systems upon active agricultural lands.
Standards for solar PV systems permitted by right.
Accessory use. By-right small-scale PV systems shall be considered an accessory use.
Only small-scale ground-mounted PV systems shall be considered as by-right systems. Such by-right systems shall be limited to a capacity of 25 kilowatts(kW) or less and generate no more than 110% of the kilowatt-hours(kWh) of electricity consumed over the previous twelve-month period by land use(s) existing on the lot or parcel where the system is located or the anticipated twelve-month usage for a new construction.
All by-right facilities shall comply with all applicable New York State Uniform Fire Prevention and Building Codes.
In no event shall the combined total of ground-mounted PV system coverage and building coverage exceed 40% of the total lot area.
Small-scale roof-mounted PV systems.
Roof-mounted PV system installed on a sloped roof:
Highest point of system shall not exceed the highest point of the roof to which it is attached.
Solar panels shall be parallel to the roof surface or tilted with no more than eighteen-inch gap between the module frame and the roof surface. This measurement shall not be taken from any parapet which might be considered part of a roof.
On-farm solar energy facilities.
Solar PV systems installed on active agricultural land shall be considered a permissible use, provided the following criteria are met:
The parcel(s) must be within the agricultural district.
There must be a farm operation being conducted on the parcel or collection of parcels.
The solar PV system shall be designed, installed, and operated so that the anticipated annual total amounts of electrical energy generated do not exceed more than 110% of the anticipated total electrical energy consumed by the farm operation.
§ 211-61 Placement on nonconforming buildings.
Notwithstanding the area, lot and bulk requirements of Chapter 211, Zoning, roof-mounted and building-integrated PV systems may be installed on nonconforming buildings as follows:
On the roof of a nonconforming building that exceeds the maximum height restriction, no portion of a solar PV system shall extend above the peak of highest point of the roof to which it is mounted.
On a building that does not meet the minimum setback or yard requirements, provided there is no increase in the extent or degree of nonconformity.
On a building that exceeds the maximum lot coverage requirements, provided there is no increase in the extent or degree of nonconformity.
§ 211-62 Solar PV systems requiring a special use permit.
Except for by right solar PV systems described in § 211-60, no other type of solar photovoltaic (PV) system shall be constructed without obtaining a special use permit and site plan approval from the Planning Board pursuant to § 211-9, § 211-31 and § 211-27.17. Solar PV systems requiring a special use permit shall only be permitted in the Large-Scale Solar System Overlay District. All solar PV systems require a building permit. Solar PV systems requiring a special use permit and site plan approval shall include:
Ground-mounted solar PV systems, large-scale.
Roof-mounted solar PV systems, large-scale, and building-integrated solar PV systems, large-scale, having a system capacity greater than 25 kilowatts(kW) and/or generating more than 110% of the kilowatt-hours(kWh) of electricity consumed over a twelve-month period by land use(s) existing on the lot or parcel.
Solar PV systems, regardless of size, generating and providing electricity through a remote net metering agreement or other arrangement to an off-site user.
Solar PV systems, regardless of size, mounted on carports or canopy structures covering parking facilities in Commercial, Commercial/Light Industrial, Light Industrial, Multiple Dwelling, Planned Development and Senior Living Zoning Districts.
Classifications. Solar PV systems requiring a special use permit and site plan approval may be classified as either an accessory use or a principal use as set forth:
Principal use. Large-scale Solar PV systems constructed on a lot or parcel providing electricity to an offsite user through a remote net metering agreement shall be considered a principal use. All ground-mounted PV systems classified as a principal use shall adhere to the area and height requirements as set forth in the Large-Scale Solar System Overlay District regulations.
Accessory use/accessory structure. PV system generating electricity for the sole consumption of a principal use or building(s) located on the same lot or parcel as the system shall be considered an accessory use/accessory structure.
Submission requirements. The following shall be submitted with all applications for special use permit/site plan for all large-scale solar photovoltaic (PV) systems.
A complete application form.
The applicable Environmental Assessment Form (long or short).
Name, address and signature of the parcel owner.
Proof that applicant has authorization to act upon owner's behalf.
A description of the current use and physical characteristics of the subject parcel(s).
A description of the existing use(s) of adjacent properties and the identification of any solar facilities - existing or proposed - within a five-mile radius of the proposed location.
The nameplate capacity of all proposed solar energy systems expressed in kilowatts(kW).
Twelve hard copies of the concept plan. Size not more than 34" x 44". Scale not less than 1" = 100'. Containing the following:
Name, address, seal and signature of Engineer or Surveyor who prepared plan. SWPPP preparation and stormwater management designs (such as grading and utility plans) must be prepared in accordance with the requirements of the most recent NYS DEC SPDES General Permit for Stormwater Discharges from Construction Activity.32
North arrow, date and location map.
Property boundaries including bearings and distances of proposed lots.
Names of owners of adjacent lands.
Covenants, easements and deed restrictions affecting the proposed project.
Land features including creeks, springs and woods.
Ground contours for parcel and parcels adjacent to the tract to be subdivided, at intervals of not more than 10 feet of elevation.
The Zoning District of the project parcel and adjacent parcels.
Note on plan that construction shall conform to the Town of Victor Design and Construction Standards.
Location of proposed project in relation to identified wetlands, streams and to 100-year flood plain.
Percentage of lot coverage calculation.
A tree survey of all live trees greater than six inches diameter at breast height(dbh) on the project parcel.
A soil sample to be used as a baseline and to be compared to an additional sample taken at the time of decommissioning.
Estimated construction schedule.
A detailed decommissioning plan along with the decommissioning cost estimate required by § 211-64F(5).
An annual site maintenance plan for the maintenance of vegetation, screening and system integrity.
An estimated cost of site maintenance over a six-month period.
An Agricultural Data Statement (if applicable).
§ 211-63 Standards for facilities requiring a special use permit.
Setbacks. Large scale solar PV systems shall adhere to the minimum setbacks set forth in the Large-Scale Solar Overlay District regulations. No part of a large-scale ground-mounted PV system shall extend into the required yards and/or setbacks due to a tracking system or seasonal adjustment in the location, position or orientation of solar PV related equipment or parts.
Large-scale ground-mounted solar PV systems shall adhere to a 300-foot minimum setback from any non-participating residential dwelling. Natural vegetation shall be preserved within this 300-foot buffer and, if determined to be necessary by the Planning Board, augmented to provide an adequate visual buffer.
Vegetative screening. Plantings within the required setback area are to be at a height so as to provide a visual screen of the large-scale ground-mounted PV system from residential uses. The species, type, location and height of such landscaping shall be consistent with the Town of Victor Native Plant Manual and subject to the approval of the Planning Board.
Utility connections. Utility lines from large-scale ground-mounted PV systems shall be installed underground. Transformers for interconnection may be above ground if required by the utility provider.
Fences. Fences installed for the purpose of screening or enclosing a large-scale ground-mounted PV system shall not exceed eight feet in height, regardless of the underlying zoning district in which the system is located, provided the system is classified as a principal use.
Barbed wire. Fences intended to enclose a large-scale ground-mounted PV system may contain barbed wire.
Height. Large-scale ground-mounted PV systems shall not exceed 12 feet in height.
Minimum lot size. Large-scale solar PV systems shall adhere to the minimum lot size requirements set forth in the Large-Scale Solar System Overlay District regulations § 211-27.17D.
Lot coverage. Large-scale ground-mounted PV systems shall adhere to maximum lot coverage requirements as set forth in the Large-Scale Solar System Overlay District regulations § 211-27.17D.
Signs. Large-scale ground-mounted PV systems classified as a principal use shall adhere to the sign requirements for the zoning district in which they are located, in addition to the following specific requirements:
No signage or graphic content shall be displayed on the solar energy systems except the manufacturer's name, equipment specification information, safety information, and twenty-four-hour emergency contact information.
As required by National Electric Code (NEC), disconnect and other emergency shutoff information shall be clearly displayed on a light reflective surface. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.
Location in front yard. Notwithstanding the requirements regulating location of accessory structures found in Chapter 211, Zoning, large-scale ground-mounted PV systems classified as an accessory use shall be prohibited in a front yard, including any front yard of a corner lot.
Tree cutting. Removal of existing living trees larger than six inches in diameter shall be limited to a maximum of 10% of the total lot area.
Energy storage devices, including battery storage systems, resulting in 1 MW AC storage or more shall not be permitted.
Anti-reflection coatings. Exterior surfaces of the collectors and related equipment shall have a nonreflective finish and solar panels shall be designed and installed to limit glare to a degree that no afterimage would occur towards vehicular traffic and/or any adjacent building.
Site maintenance. Large-scale ground-mounted solar PV systems shall adhere to all applicable site maintenance requirements herein.
Native grasses shall be used to stabilize the site for the duration of the facility's use.
Weed control or mowing shall be preformed, in accordance with the approved site maintenance plan, and a performance bond reflecting costs of such maintenance for a period of six months shall be approved by the Town Board and posted and maintained with the Town of Victor Clerk's Office. Failure to maintain the site may result in revocation of the special use permit and the facility's decommissioning.
Repair of panels. Panels shall be repaired or replaced when either non-functional or in visible disrepair.
Annual site inspection. All large-scale solar photovoltaic (PV) systems requiring a special use permit shall be inspected annually by Code Enforcement and a report shall be provided to the Town Board.
The following standards are to apply to the construction, restoration, and follow-up monitoring of solar energy projects impacting land within the Agricultural District. An environmental monitor (EM) shall be hired by the Town, to be reimbursed by the applicant to oversee construction, restoration and follow-up monitoring.
The EM shall be on-site whenever construction or restoration work is occurring and shall coordinate with the New York State Department of Agriculture and Markets, Division of Land and Water Resources to develop an appropriate schedule for project inspections.
The EM shall contact the New York State Department of Agriculture and Markets, Division of Land and Water Resources, if farm resource concerns or management matters pertinent to the agricultural operation and site-specific implementation conditions found below cannot be resolved.
Construction requirements:
The surface of access roads constructed through agricultural fields shall be level with the adjacent field surface.
Access roads shall be located along the edge of agricultural areas, in areas next to hedgerows and field boundaries, and in nonagricultural areas of the site to the greatest extent practicable.
The width of access roads across or along agricultural fields shall be no wider than 20 feet so as to minimize the loss of agricultural lands while maintaining compliance with New York State Uniform Fire Prevention and Building Codes for emergency vehicle access.
Culverts and water bars shall be installed to maintain natural drainage patterns.
All topsoil from agricultural areas used for vehicle and equipment traffic, parking, and equipment laydown and storage areas shall be stripped and stockpiled. All vehicle and equipment traffic and parking shall be limited to the access road and/or designated work areas, such as laydown areas. Vehicles and equipment shall not be allowed outside the work area without prior approval from the landowner and, when applicable, the environmental monitor (EM).
Topsoil stripped from work areas (parking areas, electric cable trenches, along access roads) shall be stockpiled separately from other excavated material (rock and/or subsoil). A minimum of 50 feet of temporary workspace shall be provided along "open-cut" electric cable trenches for proper topsoil segregation. All topsoil shall be stockpiled immediately adjacent to the area where stripped/removed and shall be used for restoration on that particular site. Topsoil stockpile areas shall be clearly designated in the field and on construction drawings.
Electric interconnect cables and transmission lines installed aboveground can create long-term interference with mechanized farming on agricultural land. Therefore, interconnect cables shall be buried in agricultural fields wherever practicable. Interconnect cables and transmission lines installed aboveground shall be located outside field boundaries wherever possible. When aboveground cables and transmission lines must cross farmland, minimize agricultural impacts by using taller structures that provide longer spanning distances and locate poles on field edges to the greatest extent practicable.
All buried electric cables in cropland, hay-land and improved pasture, shall have a minimum depth of 48 inches of cover. In unimproved grazing areas and land permanently devoted to pasture, the minimum depth of cover shall be 36 inches. In areas where the depth of soil over bedrock ranges from zero inches to 48 inches, the electric cables shall be buried entirely below the top of the bedrock or at the depth specified for the particular land use, whichever is less. At no time shall the depth of cover be less than 24 inches below the soil surface.
When buried electric cables alter the natural stratification of soil horizons and natural soil drainage patterns the effects shall be rectified with measures such as subsurface intercept drain lines. Ontario County Soil and Water Conservation District shall be consulted concerning the type of intercept drain lines to be installed to prevent surface seeps and the seasonally prolonged saturation of the cable installation zone and adjacent areas. All drain lines shall be installed in accordance with Natural Resource Conservation Service standards and specifications. Drain tile shall meet or exceed the AASHTO M252 specifications.
Existing drainage and erosion control structures, such as diversions, ditches, and drain tile shall remain undamaged and protected. Where existing drainage and erosion control infrastructure must be removed, appropriate measures shall be taken to maintain the design and effectiveness of the originally installed structures. Drainage and erosion control structures disturbed during construction shall be repaired or replaced to as close to original condition as possible, unless said structures are to be eliminated based upon the large-scale ground-mounted solar PV system site plan approval.
All excess subsoil and rock shall be removed from the site. On-site disposal of such material shall only be allowed if approved by the landowner, with appropriate consideration given to any possible agricultural or environmental impacts. Any permits necessary for disposal under local, state and/or federal laws and regulations shall be obtained by the contractor, with the cooperation of the landowner when required.
All pieces of unused wire, bolts, and other metal objects shall be removed and properly disposed of to prevent mixing with any topsoil.
Excess concrete shall not be buried or left on the surface in active agricultural areas. Concrete trucks shall be required to use designated washout stations located outside of agricultural areas.
In pasture areas, it may be necessary to construct temporary or permanent fences around work areas to prevent livestock access, consistent with landowner agreements.
Restoration requirements. All agricultural areas temporarily disturbed by construction shall:
Be uncompacted to a depth of 18 inches with a deep ripper or heavy-duty chisel plow. Soil compaction results should be no more than 250 pounds per square inch (PSI) as measured with a soil penetrometer. In areas where the topsoil was stripped, soil decompaction should be conducted prior to topsoil replacement. Following decompaction, remove all rocks four inches and larger in size from the surface of the subsoil prior to replacement of topsoil. Replace the topsoil to original depth and reestablish original contours where possible. Remove all rocks four inches and larger from the surface of the topsoil. Subsoil decompaction and topsoil replacement shall be avoided between the months of October and May unless favorable soil moisture conditions exist.
Regrade all access roads to allow for farm equipment crossing and to restore original surface drainage patterns, or other drainage pattern incorporated into site plan design, approved by the Planning Board.
Seed all restored agricultural areas with the seed mix specified by the landowner, in order to maintain consistency with the surrounding areas.
All surface or subsurface drainage structures damaged during construction shall be repaired to as close to preconstruction conditions as possible, unless said structures are to be removed as part of the site plan approval. All surface or subsurface drainage problems resulting from construction of the large-scale ground-mounted solar PV system shall be corrected with the appropriate mitigation as determined by the EM, Ontario County Soil and Water Conservation District and the landowner.
Restoration practices shall be postponed until favorable (workable, relatively dry) topsoil/subsoil conditions exist. Restoration is not to be conducted while soils are in a wet or plastic state. Stockpiled topsoil shall not be regraded and subsoil shall not be uncompacted until plasticity, as determined by the Atterberg field test, is adequately reduced. No project restoration activities shall occur in agricultural fields between the months of October and May unless favorable soil moisture conditions exist.
Following site restoration, all construction debris shall be removed from the site.
Monitoring and remediation requirements. Immediately following site restoration, the applicant shall provide a monitoring and remediation period of no less than two years. The monitoring and remediation period allows for the effects of climatic cycles such as frost action, precipitation and growing seasons to occur, from which various monitoring determinations can be made. The monitoring and remediation phase is used to identify any remaining agricultural impacts associated with construction that may be in need of mitigation and to implement the follow-up restoration.
General conditions to be monitored shall include topsoil thickness, relative content of rock and large stones, trench settling, crop production, drainage and repair of severed subsurface drain lines, fences, and any other conditions the Planning Board shall deem appropriate.
Topsoil deficiency and trench settling shall be mitigated with imported topsoil that is consistent with the quality of topsoil on the affected site. All excess rocks and large stones are to be removed from the site.
Decommissioning. If the use of the solar array is discontinued:
All aboveground solar array structures shall be removed and all areas previously used for agricultural production shall be restored to conditions accepted by the landowner, the Ontario County Soil and Water Conservation District, and the State Department of Agriculture and Markets.
All concrete piers, footers, or other supports shall be removed to a depth of 48 inches below the soil surface. Underground electric lines shall be abandoned in place. Access roads in agricultural areas shall be removed, unless otherwise specified by the landowner.
§ 211-64 Abandonment and decommissioning.
Applicability and purpose. This section shall apply to large-scale PV systems with a rated capacity of 25 kilowatts(kW) or more. The purpose of this section is to provide for the safety, health, protection and general welfare of persons and property in the Town by requiring abandoned large-scale PV systems to be removed pursuant to a decommissioning plan. The anticipated useful life of such systems, as well as the volatility of the recently emerging solar industry, where multiple solar companies have filed for bankruptcy, closed or been acquired creates an environment for systems to be abandoned, creating a negative visual and environmental impact on the Town. Abandoned large-scale PV systems may become unsafe by reason of their energy-producing capabilities and may become an attractive nuisance.
Abandonment. A large-scale solar PV system shall be deemed abandoned if the system fails to generate and transmit electricity at a rate of more than 10% of its rated capacity over a continuous period of 12 months. A large-scale PV system shall be deemed abandoned if following site plan approval, initial construction of the system has been commenced and is not completed within 18 months of issuance of the first building permit.
Extension of time. The time at which the large-scale PV system shall be deemed abandoned may be extended by the Planning Board for one additional period of one year, provided the system owner presents to the Planning Board a viable plan outlining steps and schedules for placing the system in service or back in service within the time period of the extension. Application for an extension of time shall be made to the Planning Board by the PV system owner prior to abandonment.
Removal required. A large-scale solar PV system which has been abandoned shall be decommissioned and removed. The PV system owner and/or owner of the land upon which the system is located shall be held responsible to remove all components of the system within one year of abandonment. Removal of the PV system shall be in accordance with the decommissioning plan approved by the Town Board.
Decommissioning and removal.
Decommissioning plan. All applications for a large-scale PV system shall be accompanied by a decommissioning plan which shall be reviewed and approved by the Town Board after receiving a written recommendation from the Planning Board. The decommissioning plan shall address the following items.
Decommissioning and removal of a large-scale PV system shall consist of:
Physical removal of all aboveground and below-ground equipment, structures and foundations (solar arrays, buildings, security barriers, fences, electric transmission lines and components, roadways, other physical improvements to the site).
Disposal of all solid and hazardous waste in accordance with local, state and federal waste disposal regulations.
Restoration of the ground surface and soil to conditions existing prior to the solar PV system installation.
Stabilization and revegetation of the site with native seed mixes and/or plant species, consistent with the Town of Victor Native Plant Manual, to minimize erosion.
The Town Board may permit the system owner to leave certain underground or aboveground improvements in place provided the owner can show that such improvements are part of a plan to redevelop the site and are nondetrimental to redevelopment and have no adverse effect to community character or the environment.
Special use permit conditions. The following conditions shall apply to all special use permits issued for a large-scale solar PV system. No special use permit shall be issued unless the Town Board finds that all conditions have been or will be met.
A licensed engineer's estimate of the anticipated operational life of the system.
Identification of the party responsible for decommissioning.
Descriptions of any agreement regarding decommissioning between the responsible party and the land owner.
A schedule showing the time frame over which decommissioning will occur and for completion of site restoration work.
A cost estimate prepared by a licensed engineer estimating the full cost of decommissioning and removal of the PV system.
A financial plan to ensure that financial resources will be available to fully decommission the site.
An acceptable form of surety approved by the Town Engineer and Town Attorney, accepted by the Town Board, and filed with the Town Clerk in an amount specified in the above referenced financial plan. Surety is to remain in effect for the above referenced anticipated operational life of the system. If the anticipated operational life of the system is amended, then a revised acceptable form of surety is to be approved by the Town Engineer and Town Attorney, accepted by the Town Board, and filed with the Town Clerk.
Financial surety. Prior to the issuance of a building permit and every one year thereafter, the large-scale solar PV system owner and/or landowner shall file with the Town Clerk evidence of financial surety to provide for the full cost of decommissioning and removal of the PV system in the event the system is not removed by the system owner and/or landowner. Evidence of financial surety shall be in effect throughout the life of the system and shall be in the form of an irrevocable acceptable form of surety or other form of surety acceptable to and approved by the Town Board. The Town shall be entitled to draw upon the acceptable form of surety in the event that the large-scale PV system owner and/or landowner is unable or unwilling to commence decommissioning activities within the time periods specified herein. No other parties, including the owner and/or landowner, shall have the ability to demand payment under the letter of credit. Upon completion of decommissioning, the owner and/or landowner may petition the Town Board to terminate the acceptable form of surety. In the event ownership of the system is transferred to another party, the new owner shall file evidence of financial surety with the Town Board at the time of transfer, and every one year thereafter, as provided herein.
Amount. The amount of the surety shall be determined by the Town Engineer based upon a current estimate of decommissioning and removal costs as provided in the decommissioning plan and subsequent annual reports. After review of the annual report the Town Board may adjust the amount of the surety to reflect any changes in the estimated cost of decommissioning and removal. Any revised surety is to be filed with the Town Clerk's office.
Annual report. The large-scale PV system owner shall, on a yearly basis from the certificate of compliance issued by the Code Enforcement Officer, provide the Town Code Enforcement Officer a written report showing the rated capacity of the system and the amount of electricity that was generated by the system and transmitted to the grid over the most recent twelve-month period. The report shall also identify any change of ownership of the solar PV system and/or the land upon which the system is located and shall identify any change in the party responsible for decommissioning and removal of the system upon its abandonment. The actual report shall be submitted no later than 45 days after the end of the calendar year. To coincide with the filing of evidence of financial surety, the annual report shall also include a recalculation of the estimated full cost of decommissioning and removal of the large-scale solar PV system. The Town Board may require an adjustment in the amount of the surety to reflect any changes in the estimated cost of decommissioning and removal. Failure to submit a report as required herein shall be considered a violation subject to the penalties of this article.
Decommissioning and removal by Town. If the large-scale solar PV system owner and/or landowner fails to decommission and remove an abandoned facility in accordance with the requirements of this section, the Town may enter upon the property to decommission and remove the system.
A performance bond reflecting cost of site maintenance, per the approved site maintenance plan, for a period of six months shall be approved by the Town Board and posted and maintained with the Town of Victor Clerk's Office.
Determination of abandonment. Upon a determination by the Code Enforcement Officer that a large-scale solar PV system has been abandoned, the Code Enforcement Officer shall notify the system owner, landowner and permittee by certified mail:
In the case of a facility under construction, to complete construction and installation of the facility within 180 days; or
In the case of a fully constructed facility that is operating at a rate of less than 10% of its rated capacity, to restore operation of the facility to no less than 80% of rated capacity within 180 days, or the Town will deem the system abandoned and commence action to revoke the special use permit and require removal of the system.
Failure to perform notification. If deemed abandoned, and if either the system owner, landowner and/or permittee fails to perform as directed by the Code Enforcement Officer within the 180 day period, the Code Enforcement Officer shall notify the system owner, landowner and permittee, by certified mail, that the solar PV system has been deemed abandoned and the Town intends to revoke the special use permit within 60 days of mailing said notice. The notice shall also state that the permittee may appeal the Code Enforcement Officer's determination to the Planning Board and request a public hearing upon the matter.
Said appeal and request for hearing must be made and received by the Planning Board within 30 days of mailing notice. Failure by the permittee to submit an appeal and request for hearing within the thirty-day period will result in the special use permit being deemed revoked as stated herein.
In the event the permittee appeals the determination of the Code Enforcement Officer and requests a hearing, the Planning Board shall schedule and conduct said hearing within 60 days of receiving the appeal and request. In the event a hearing is held, the Planning Board shall determine whether the solar PV system has been abandoned, whether to continue the special use permit with conditions as may be appropriate to the facts and circumstances presented to the Board or whether to revoke the special use permit and order removal of the solar PV system.
Upon a determination of abandonment by the Code Enforcement Officer and the subsequent revocation of the special use permit by the Planning Board, the decommissioning plan must be implemented and the system removed within one year of having been deemed abandoned or the Town Board may cause the removal at the owner's and/or landowner's expense. If the owner and/or landowner fails to fully implement the decommissioning plan within one year of abandonment, the Town Board may collect the required surety and use said funds to implement the decommissioning plan.
Removal by Town and reimbursement of Town expenses. Any costs and expenses incurred by the Town in connection with any proceeding or work performed by the Town or its representatives to decommission and remove a large-scale PV system, including legal costs and expenses, shall be reimbursed from the surety posted by the system owner or landowner as provided herein. Any costs incurred by the Town for decommissioning and removal that are not paid for or covered by the required surety, 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 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 proceedings, at the same time and with the same penalties as are provided by law for the collection and enforcement of real property taxes in the Town.
§ 211-65 Enforcement; penalties for offenses.
Enforcement official. It shall be the duty of the Code Enforcement Officer to enforce this article and to bring to the attention of the Town Board any violations or lack of compliance herewith.
Enforcement of open space, natural resources and landscaping requirements. All open space, natural resource and landscaping requirements, including conservation easements, are enforceable by the Town Code Enforcement Officer. Failure to comply with said requirements shall be a violation of this article, subject to penalties as set forth herein.
Violations. Any person, firm or corporation who or which fails to comply with or violates any of the provisions of this article shall be guilty of an offense and subject to the penalties for that offense or offenses.
Penalties.
With respect to a violation concerning a solar PV system permitted by right as set forth in § 211-60(A), any person, firm, company or corporation who or which neglects or refuses to do any act required by this article shall be guilty of an offense and shall be punishable as follows:
For the first offense, for each violation: a fine of $500 for each day that the violation(s) goes uncorrected.
For the second offense within five years, for each violation: a fine of $1,000 for each day that the violation(s) goes uncorrected.
For the third and subsequent offense(s) within five years, for each violation: a fine of $2,000 for each day that the violation(s) goes uncorrected.
With respect to a violation concerning a large-scale solar PV system set forth in § 211-62(A)(1)(4), any person, firm, company or corporation who or which neglects or refuses to do any act required by this article shall be guilty of an offense and shall be punishable as follows:
For the first offense, for each violation: a fine of $1,000 for each day that the violation(s) goes uncorrected.
For the second offense within five years, for each violation: a fine of $2,000 for each day that the violation(s) goes uncorrected.
For the third and subsequent offense(s) within five years, for each violation: a fine of $4,000 for each day that the violation(s) goes uncorrected.
Civil enforcement. Appropriate actions and proceedings may be taken by law or in equity proceedings to prevent any violation of this article, to prevent unlawful construction, to recover damages, to restrain, correct or abate any violation of this article. These remedies shall be in addition to the penalties described above. Consequently, the Town Board may institute any appropriate action or proceeding to prevent and to restrain, correct or abate such violation or to prevent any illegal act, conduct, business or use in and about such premises.