[HISTORY: Adopted by the Town Board of the Town of Cicero 9-22-2021 by L.L. No. 9-2021. Amendments noted where applicable.]
This solar energy chapter is adopted pursuant to §§ 261
through 263 of the Town Law and § 20 of the Municipal Home
Rule Law of the State of New York, which authorize the Town to adopt
zoning provisions that advance and protect the health, safety and
welfare of the community and, in accordance with the Town Law of New
York State, to make provision for, so far as conditions may permit,
the accommodation of solar energy systems and equipment and access
to sunlight necessary therefor.
This solar energy chapter is adopted to advance and protect
the public health, safety, and welfare of the Town by creating regulations
for the installation and use of solar-energy-generating systems and
equipment, with the following objectives:
A.
To take advantage of a safe, abundant, renewable and nonpolluting
energy resource;
B.
To decrease the cost of electricity to the owners of residential
and commercial properties, including single-family houses;
C.
To increase employment and business development in the Town, to the
extent reasonably practical, by furthering the installation of solar
energy systems;
D.
To mitigate the impacts of solar energy systems on environmental
resources such as important agricultural lands, forests, wildlife,
and other protected resources; and
E.
To maintain the rural character of the Town of Cicero and to integrate
solar energy usage in the Town in such a way as to minimize the visual
impact on the community.
As used in this chapter, the following terms shall have the
meanings indicated:
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 on-site consumption.
Land designated as "farmland of statewide importance" in
the U.S. Department of Agriculture Natural Resources Conservation
Service's (NRCS) Soil Survey Geographic (SSURGO) Database on
Web Soil Survey, that is of statewide importance for the production
of food, feed, fiber, forage, and oil seed crops as determined by
the appropriate state agency or agencies. Farmland of statewide importance
may include tracts of land that have been designated for agriculture
by state law.
The effect by reflections of light with intensity sufficient
as determined in commercially reasonable manner to cause annoyance,
discomfort, or loss in visual performance and visibility in any material
respects.
A solar energy system that is anchored to the ground via
a pole or other mounting system, detached from any other structure,
that generates electricity for on-site or off-site consumption.
Native wildflowers and grasses that serve as habitat, forage,
and migratory way stations for pollinators and shall not include any
prohibited or regulated invasive species as determined by the New
York State Department of Environmental Conservation.
Bees, birds, bats, and other insects or wildlife that pollinate
flowering plants, and includes both wild and managed insects.
Land, designated as "prime farmland" in the U.S. Department
of Agriculture Natural Resources Conservation Service's (NRCS)
Soil Survey Geographic (SSURGO) Database on Web Soil Survey, that
has the best combination of physical and chemical characteristics
for producing food, feed, forage, fiber, and oil seed crops and is
also available for these land uses.
A person who has the skills and knowledge related to the
construction and operation of solar energy systems. Persons who are
on the list of eligible photovoltaic installers maintained by NYSERDA,
or who are certified by NABCEP shall be deemed to be qualified. Persons
who are not on either of these lists may be deemed qualified if the
Town Code Officer determines that they have adequate training and
experience to perform the installation safely.
A solar energy system located on the roof of any legally
permitted building or structure that produces electricity for on-site
or off-site consumption.
Space open to the sun and clear of overhangs or shade so
as to permit the use of active and/or passive solar energy systems
on individual properties.
Electrical material, hardware, inverters, conduit, storage
devices, or other electrical and photovoltaic equipment associated
with the production of electricity.
The components and subsystems required to convert solar energy
into electric energy suitable for use. The term includes, but is not
limited to, solar panels and solar energy equipment. The area of a
solar energy system includes all the land inside the perimeter of
the solar energy system, which extends to any interconnection equipment.
A solar energy system is classified as a Tier 1, Tier 2, or Tier 3
solar energy system as follows:
Tier 2 solar energy systems are residential- or single-building-serving
ground-mounted solar energy systems that are affixed to the ground
either directly or by mounting devices and are not attached or affixed
to a building or structure. All special permit applications for Tier
2 solar energy systems are reviewed and approved or denied by the
Town Board.
Tier 3 solar energy systems are systems that are not included
in the list for Tier 1 and Tier 2 solar energy systems. All special
permit applications for Tier 3 solar energy systems are approved or
denied by the Town Board after review of the application, including
the site plan application, by the Planning Board and after the Planning
Board has filed an advisory report to the Town Board. This report
must be filed with the Town Board within 45 days of the completed
application being filed with the Town or such additional time as may
be deemed appropriate by the Town Board.
A photovoltaic device capable of collecting and converting
solar energy into electricity.
A device that stores energy and makes it available in an
electrical form.
A.
The requirements of this chapter shall apply to all solar energy
systems permitted installed, or modified in the Town after the effective
date of this chapter, excluding general maintenance and repair.
B.
Solar energy systems constructed or installed prior to the effective
date of this chapter shall not be required to meet the requirements
of this chapter.
C.
Modifications to an existing solar energy system that increase the
solar energy system area by more than 5% of the original area of the
solar energy system (exclusive of moving any fencing) shall be subject
to this chapter.
D.
All solar energy systems shall be designed, erected, and installed
in accordance with all applicable codes, regulations, and industry
standards as referenced in the New York State Uniform Fire Prevention
and Building Code ("Building Code"), the New York State Energy Conservation
Code ("Energy Code"), and the Town Code.
A.
A building permit shall be required for installation of all solar
energy systems and installation must be performed by a qualified solar
installer as approved by the Town Codes Officer.
B.
Solar energy systems, unless a part of a Tier 3 solar energy system,
shall be permitted to provide for power for use by owners, lessees,
tenants, residents or other occupants of the premises on which they
are erected, but nothing contained in this provision shall be construed
to prohibit the sale of excess power through a net metering arrangement
in accordance with the New York Public Service Law or similar state
or federal statute. However, solar energy systems applications in
a residential setting and serving residential use on a single parcel
or lot shall be limited to 25 kW and 110% of energy consumed on the
site in the prior 12 months. Solar energy system applications serving
a commercial or industrial use shall be limited to no more than 110%
of the energy consumed on the site in the prior 12 months.
C.
Issuance of permits and approvals by the Town Board shall include
review pursuant to the State Environmental Quality Review Act ECL
Article 8 and its implementing regulations at 6 NYCRR Part 617 ("SEQRA").
D.
Prior to operation, electrical connections must be inspected by an
appropriate licensed electrical inspection person or agency, as determined
by the Town. An electrical inspector must supply written verification
that all electrical connections pass inspection.
E.
Connection to the public utility grid must be inspected by the appropriate
public utility, and proof of inspection shall be provided to the Town.
F.
Solar energy systems shall be permitted only if they are determined
by the Town not to present any unreasonable safety risk, including
but not limited to weight load, resistance and ingress and egress
in the event of fire or other emergency.
G.
Also, energy systems shall comply with all relevant and applicable
provisions of the New York State Uniform Fire Prevention and Building
Code Standards.
H.
If storage batteries are included as part of the solar energy system,
they must be placed in a secure container or enclosure under the requirements
of the New York State Uniform Fire Prevention and Building Code when
in use, and when no longer in use shall be disposed of in accordance
with the laws and regulations of the Town and other applicable laws
and regulations.
I.
All utility services and electrical wiring/lines shall be placed
underground and otherwise be placed within the walls or unobtrusive
conduit. Conduits or feeds which are laid on the roof shall be camouflaged
to blend in with the roof and reduce statically objectionable impacts.
J.
If solar energy systems, except for Tier 3 systems which have separate
regulations under this chapter, cease to perform their originally
intended function for more than 12 consecutive months, the property
owner shall completely remove the system, mounts and all associated
equipment and components by no later than 90 days after written notice
from the Town. The Zoning Enforcement Officer shall have the right,
at any reasonable time after notice, to enter in company of the owner
or his agent to ensure that the solar energy system remains operational.
K.
Design, construction, operation and maintenance of the solar energy
system shall prevent direction, misdirection and/or reflection of
solar arrays and/or glare onto neighboring properties, public roads,
public parks and public buildings.
L.
Prior to the time of the issuance of a solar building permit, the
applicant/owner shall demonstrate to the Code Enforcement Officer
a reliable and safe master method for the deenergizing of the solar
energy system in the event of an emergency.
All Tier 1 solar energy systems shall be permitted in all zoning
districts and shall be exempt from site plan review under this chapter,
subject to the following conditions for this type of solar energy
system:
A.
Roof-mounted solar energy systems.
(1)
Roof-mounted solar energy systems shall incorporate the following
design requirements:
(a)
Solar panels on pitched roofs shall be mounted with a maximum
distance of eight inches between the roof surface and the highest
edge of the system.
(b)
Solar panels on pitched roofs shall be installed parallel to
the roof surface on which they are mounted or attached.
(c)
Solar panels on pitched roofs shall not extend higher than the
highest point of the roof surface on which they are mounted or attached.
(d)
Solar panels on flat roofs shall not extend above the top of
the surrounding parapet or more than 24 inches above the flat surface
of the roof, whichever is higher.
(e)
Solar energy systems to the extent possible, shall have neutral
paint colors to achieve harmony with the surrounding area.
(2)
Glare. All solar panels shall have anti-reflective coating(s).
B.
Building-integrated solar energy systems shall be shown on the plans
submitted for the building permit application for the building containing
the system.
A.
Districts where allowed. Tier 2 solar energy systems are permitted
in all districts.
(1)
A solar/building permit and special use permit from the Town Board
shall be required for the installation of all ground-mounted solar
energy systems.
(2)
Front yards.
(a)
Ground-mounted solar energy systems are prohibited in front
yards. In addition, ground-mounted solar energy systems shall comply
with the most restrictive area, yard and total area/lot coverage restrictions
based on the specific zoning regulation in each applicable zoning
district in which the ground-mounted solar system is constructed Further,
additional setbacks and yard requirements in total area/lot coverage
restrictions may be required by the Planning Board in order to protect
the public safety, health and welfare.
(b)
A front yard, for the purposes of this chapter, is defined as
a line drawn parallel to the highway drawn on a point from the corner
of the residence or principal structure on the structure closest to
the highway.
(3)
Ground-mounted solar energy systems shall only be permitted on lots
which are 20,000 square feet or larger.
(4)
The height of solar collector/panels in any amounts shall not exceed
10 feet in height in residential districts and 15 feet in industrial
and commercial districts when orientated at the maximum tilt measured
from the ground, including any base.
(5)
As a part of the special use permit review process, the Planning
Board will determine that a ground-mounted solar energy system shall
be screened to the extent possible from adjoining lots and street
rights-of-way through the use of architectural features, earth berms,
landscaping, fencing or other screen which will harmonize with the
character of the property and the surrounding area.
(6)
The ground-mounted solar energy system shall be located in a manner
to minimize view blockage reasonably for surrounding properties and
shading of property while still providing adequate solar access for
the solar energy system.
(7)
Neither the ground-mounted solar energy system nor any component
thereof shall be cited within any required buffer area easement, right-of-way
or setback.
(8)
No special use permit shall be issued by the Town Board unless they
determine that the proposed activity will:
All Tier 3 solar energy systems are permitted through the issuance
of a special use permit within all zoning districts; however, in all
residential districts, the minimum lot size for any Tier 3 solar energy
system shall be 100 acres, and all systems are subject to the site
plan application requirements set forth in this chapter. In the granting
of a special use permit, the Town Board will strive to permit the
location of Tier 3 solar energy systems in such a manner so that no
one area or neighborhood in the Town would be over-burdened by the
placement of Tier 3 solar energy systems.
A.
Applications for the installation of Tier 3 solar energy system shall
be:
(1)
Reviewed by the Code Enforcement Officer for completeness. Applicants
shall be advised within 15 business days of the completeness of their
application or any deficiencies that must be addressed prior to substantive
review.
(2)
Subject to a public hearing to hear all comments for and against
the application. The Town Board shall have a notice printed in a newspaper
of general circulation in the Town at least 10 days in advance of
such hearing Applicants shall have delivered the notice by first-class
mail to adjoining landowners or landowners within 400 feet of the
property at least 10 days prior to such a hearing. Proof of mailing
shall be provided to the Town Board at the public hearing.
(3)
Referred to the County Planning Department pursuant to General Municipal
Law § 239-rn and the Town Planning Board for site plan review
and advisory report.
(4)
Upon closing of the public hearing, the Town Board shall take action
on the application within 62 days of the public hearing, which can
include approval approval with conditions, or denial. The sixty-two-day
period may be extended upon consent by both the Town Board and applicant.
B.
Underground requirements. All on-site utility lines shall be placed
underground to the extent feasible and as permitted by the serving
utility, with the exception of the main service connection at the
utility company right-of-way and any new interconnection equipment,
including without limitation any poles with new easements and right-of-way.
C.
Vehicular paths. Vehicular paths within the site shall be designed
to minimize the extent of impervious materials and soil compaction.
D.
Signage.
(1)
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. Said information shall be depicted within an area no
more than eight square feet.
(2)
As required by the 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.
E.
Glare. All solar panels shall have anti-reflective coating(s).
F.
Lighting. Lighting of the solar energy systems shall be limited to
that minimally required for safety and operational purposes and shall
be reasonably shielded and downcast from abutting properties.
G.
Tree-cutting. Removal of existing trees larger than six inches in
diameter should be minimized to the extent possible.
H.
Decommissioning.
(1)
Solar energy systems that have been abandoned for one year and/or
are not producing electricity for a period of one year at least 50%
of its intended usage shall be removed at the owner's and/or
operator's expense which, at the owner's option, may come
in part or whole from any security made with the Town.
(2)
A decommissioning plan signed by the owner and operator of the solar
energy system shall be submitted by the applicant, addressing the
following:
(a)
The cost of removing the solar energy system.
(b)
The time required to decommission and remove the solar energy
system from any ancillary structures.
(c)
The time required to repair any damage caused to the property
by the installation and removal of the solar energy system.
(d)
The Town at its option may obtain its own decommissioning plan,
the cost of which shall be paid for by the applicant.
(3)
Security limited access agreement, assessment of expenses and insurance.
(a)
The Town of Cicero recognizes the importance of the need to
possess adequate security in an easily convertible and usable form
in the event the Town is forced to act to decommission the arrays
and remediate a property if a permitted operation is abandoned. Cicero
also recognize the long-term nature of some of these projects and
the need to have a full cash security posting before the life of the
project expiration date. Accordingly, the Town of Cicero will require
the posting of a significant cash component of the security amount
determined, in addition to the initial posting of an irrevocable letter
of credit. The Town shall require all applicants to post additional
cash with corresponding decreases in the letter of credit posting
throughout the term of the project life until the Town has a full
cash security posting. The deposit, executions, or filing with the
Town Comptroller of cash and/or irrevocable letter of credit shall
be in an amount set by the Town Engineer, and sufficient to ensure
the good-faith performance of the terms and conditions of the permit
issued pursuant hereto and to provide for the removal and restorations
of the site subsequent to removal. In addition to the NYSERDA guidelines,
the security amount shall factor in: mobilization costs, a minimum
2.5% escalation, a 30% contingency and consideration that prevailing
wage rates will be required should the decommissioning fall to the
Town.
(b)
In the event of default upon performance of such conditions,
after proper notice and expiration of any cure periods, the cash and/or
letter of credit security shall be forfeited to the Town, which shall
be entitled to maintain an action thereon. The cash deposit and/or
security shall remain in full force and effect until restoration of
the property as set forth in the decommissioning plan is completed.
The Town may also bring legal action against the applicant for any
unrecovered losses.
(c)
In the event of default or abandonment of the solar energy system,
the system shall be decommissioned as set forth herein.
(d)
Any expenses or losses incurred by the Town and not reimbursed
by any security in connection with the cost of removal of abandoned
equipment or other related items and legal fees and expenses shall
be levied and collected in the same manner as provided in the Town
Law for the levy and collection of a special ad valorem levy on the
real property on which the solar energy system is located. This assessment
shall be assessed on the next assessment against said property, and
the same shall be levied and collected in the same manner as the regular
Town tax.
(e)
Insurance. The applicant and/or owner shall maintain a current
insurance policy which will cover the installation and operation of
the Tier 3 project at all times in the minimum amount of $5,000,000
property and personal liability coverage and provide proof of such
policy to the Town on an annual basis.
(f)
Limited site access agreement. The Town of Cicero shall require
all applicants to enter into a limited site access agreement upon
the posting of security to ensure the Town may access the property
in the event the Town is forced to act to decommission the project.
The agreement shall be prepared by the Town Attorney in a form and
content acceptable to the Town Board.
For any solar energy system requiring a special use permit,
site plan approval shall be required. Any site plan application shall
include the following information:
A.
Property lines and physical features, including roads, and all improvements
for the project site as shown on a current survey prepared and signed
by a licensed surveyor.
B.
Proposed changes to the landscape of the site, grading, vegetation
clearing and planting, exterior lighting, and screening vegetation
or structures.
C.
A one- or three-line electrical diagram detailing the solar energy
system layout, solar collector installation, associated components,
and electrical interconnection methods, with all National Electrical
Code-compliant disconnects and over-current devices.
D.
A preliminary equipment specification sheet that documents all proposed
solar panels, significant components, mounting systems, and inverters
that are to be installed. A final equipment specification sheet shall
be submitted prior to the issuance of a building permit.
E.
Name, address, and contact information of the proposed or potential
system installer and the owner and/or operator of the solar energy
system. Such information of the final system installer shall be submitted
prior to the issuance of a building permit.
F.
Name, address, phone number, and signature of the project applicant
as well as all the property owners, demonstrating their consent to
the application and the use of the property for the solar energy system.
G.
Zoning district designation for the parcel(s) of land comprising
the project site.
H.
Property operation and maintenance plan. Such plan shall describe
continuing photovoltaic maintenance and property upkeep, such as mowing
and trimming.
I.
Erosion and sediment control and stormwater management plans prepared
to New York State Department of Environmental Conservation standards,
if applicable, and to such standards as may be established by the
Planning Board.
J.
Prior to the issuance of the building permit or final approval by
the Town Board engineering documents must be signed and sealed by
a New York State (NYS) licensed professional engineer or NYS registered
architect.
K.
The Planning Board shall complete site plan review within 45 days
from the receipt of all relevant and required documents from the applicant
and, for Tier 3 applications, forward its report with any recommendations
to the Town Board unless the time is extended by the Town Board.
L.
Special and additional requirements for all Tier 3 applications:
(1)
Plans and drawings of the proposed Tier 3 installation signed, marked
and/or stamped by a professional engineer or architect registered
in New York State showing the proposed layout of the entire solar
farm along with a description of all components whether on-site or
off-site, existing vegetation and proposed clearing and grading of
all sites involved. The plans and development plan shall be drawn
in sufficient detail and shall further describe:
(a)
Property lines and physical dimensions of the proposed site,
including contours at five-foot intervals.
(b)
Location, approximate dimensions and types of all existing structure(s)
and uses on the site.
(c)
Location and elevation of the proposed Tier 3 installation.
(d)
Location of all existing aboveground utility lines showing the
connection of the system to the utility line within 1,200 linear feet
of the site.
(e)
Where applicable, the location of all transmission facilities
proposed for installation. All transmission lines and wiring associated
with a Tier 3 project shall be buried underground and include necessary
encasements in accordance with the National Electric Code and Town
requirements. The Planning Board may recommend waiving this requirement
if sufficient engineering data is submitted by the applicant demonstrating
that underground transmission lines are not feasible or practical.
The applicant is required to show the locations of all proposed overhead
electric utility/transmission lines, including substations and junction
boxes and other electrical components for the project on the site
plan. All transmission lines and electrical wiring shall be in compliance
with the public utility company's requirements for interconnection.
Any connection to the public utility grid must be inspected by the
appropriate public utility.
(f)
Location of all service structures proposed as part of the installation
and primary equipment sheds.
(g)
Landscape plan showing all existing natural land features, trees,
forest cover and all proposed changes to these features, including
size and type of plant material. The plan shall show any trees and/or
vegetation which is proposed to be removed for purposes of providing
greater solar access. Removal of existing trees larger than six inches
in diameter shall be minimized to the greatest extent possible.
(h)
A berm, landscape screen, or any other combination acceptable
to the Town capable of screening the site, shall be provided along
any property line as may be required by the Planning Board during
review.
(i)
Soil type(s) at the proposed site.
(j)
Photographic simulations shall be included showing the proposed
solar farm along with elevation views and dimensions and manufacturer's
specifications and photos of the proposed solar energy systems, solar
collectors, solar panels and all other components comprising the Tier
3 project.
(k)
Prior to the issuance of a solar/building permit, certification
from a professional engineer or architect registered in New York State
indicating that the building or structure to which a solar panel or
solar energy system is affixed is capable of handling the loading
requirements of the solar panel or solar energy system and various
components.
(l)
Documentation of access to the project site(s), including location
of all access roads, gates, parking areas, etc.
(m)
A plan for clearing and/or grading of the site and a stormwater
pollution prevention plan (SWPPP) for the site.
(n)
Documentation of utility notification, including an electric
service order number.
[1]
The manufacturer's or installer's identification and
appropriate warning signage shall be posted at the site and be clearly
visible.
(o)
Solar energy systems shall be marked in order to provide emergency
responders with appropriate warning and guidance with respect to isolating
the electric systems. Materials used for marking shall be weather
resistant The marking shall be placed adjacent to the main service-disconnect
location clearly visible from the location where the lever is operated.
(p)
The height of the solar panel array shall conform to the height
restrictions for an accessory structure in the applicable zoning district,
but in no case shall exceed 15 feet measured from the ground, and
including any base or supporting materials. Neutral paint colors,
materials and textures may be required for Tier 3 project components,
buildings and structures to achieve visual harmony with the surrounding
area.
(q)
The design, construction operation and maintenance of the solar
energy system shall prevent the direction, misdirection and/or reflection
of solar rays and/or glare onto neighboring properties, public roads,
public parks and public buildings.
(r)
Artificial lighting of solar arms shall be limited to lighting
required for safety and operational purposes, shall be shielded from
all neighboring properties and public roads.
(s)
Noise. To the extent possible, all equipment that produces noise
shall be placed in the center of the solar array. Further, and at
the property line of any solar energy system, the noise level shall
not exceed 60 dB.
A.
Lot size.
(1)
The property on which a Tier 3 solar energy system is placed shall
meet the lot size requirements of the underlying zoning district,
except that in residential districts a minimum of 100 acres is required.
(2)
Tier 2 solar energy systems are only permitted on lots which are
20,000 square feet or larger.
D.
Lot coverage.
(1)
The following components of a Tier 3 solar energy system shall be
considered included in the calculations for lot coverage requirements:
(a)
Foundation systems, typically consisting of driven piles or
monopoles or helical screws with or without small concrete collars.
(b)
All mechanical equipment of the solar energy system including
any pad-mounted structure for batteries, switchboard, transformers,
or storage cells.
(c)
Paved access roads servicing the solar energy system.
(2)
Lot coverage of Tier 3 solar energy system as defined above, shall
not exceed 75% of the lot.
(3)
Lot coverage for Tier 2 solar energy systems shall not exceed the maximum lot coverage requirement of the underlying zoning district except as modified by § 208-7A(2)(a) of this chapter.
E.
Fencing requirements. All mechanical equipment, including any structure
for storage batteries, shall be enclosed by a seven-foot-high fence,
as required by NEC, with a self-locking gate to prevent unauthorized
access.
F.
Screening and visibility.
(1)
Solar energy systems smaller than 10 acres shall have views minimized
from adjacent properties to the extent reasonably practicable using
architectural features, earth berms, landscaping, or other screening
methods that will harmonize with the character of the property and
surrounding area.
(2)
Solar energy systems larger than 10 acres shall be required to.
(a)
Conduct a visual assessment of the visual impacts of the solar
energy system on public roadways and adjacent properties. At a minimum,
a line-of-sight profile analysis shall be provided. Depending upon
the scope and potential significance of the visual impacts, additional
impact analyses, including, for example, a digital viewshed report,
may be required to be submitted by the applicant.
(b)
Submit a screening and landscaping plan to show adequate measures
to screen through landscaping, grading, or other means so that views
of solar panels and solar energy equipment shall be minimized as reasonably
practical from public roadways and adjacent properties to the extent
feasible.
[1]
The screening and landscaping plan shall specify the locations,
elevations, height, plant species, and/or materials that will comprise
the structures, landscaping, and/or grading used to screen and/or
mitigate any adverse aesthetic effects of the system, following the
applicable rules and standards established by the Town.
For projects located on agricultural lands:
A.
The Town Board on any Tier 3 solar energy system located on the areas
that consist of prime farmland or farmland of statewide importance
shall give special consideration to the removal of such farmland in
granting a special use permit under this chapter.
B.
To the maximum extent practicable Tier 3 solar energy systems located
on prime farmland shall be constructed in accordance with the construction
requirements of the New York State Department of Agriculture and Markets.
C.
Tier 3 solar energy system owners shall develop, implement, and maintain
native vegetation to the extent practicable pursuant to a vegetation
management plan by providing native perennial vegetation and foraging
habitat beneficial to game birds songbirds, and pollinators. To the
extent practicable when establishing perennial vegetation and beneficial
foraging habitat, the owners shall use native plant species and seed
mixes.
If the owner or operator of the solar energy system changes
or the owner of the property changes, the special use permit shall
remain in effect, provided that the successor owner or operator assumes
in writing all of the obligations of the special use permit, site
plan approval, and decommissioning plan. A new owner or operator of
the solar energy system shall notify the Town of such change in ownership
or operator within 10 days of the ownership change by certified mail
to both the Town Clerk and Town Supervisor and addressed to the Cicero
Town Hall.
A.
Solar energy systems and solar energy equipment shall be certified
under the applicable electrical and/or building codes as required.
B.
Solar energy systems shall be maintained in good working order and
in accordance with industry standards. Site access shall be maintained,
including snow removal at a level acceptable to the local fire department
and, if the Tier 3 solar energy system is located in an ambulance
district, the local ambulance corps.
C.
If storage batteries are included as part of the solar energy system,
they shall meet the requirements of any applicable fire prevention
and building code when in use and, when no longer used, shall be disposed
of in accordance with the laws and regulations of the Town and any
applicable federal, state, or county laws or regulations.
A.
The special use permit and site plan approval for a solar energy
system shall be valid for a period of 12 months after issue. In the
event a building permit is not issued or significant construction
is not in progress in accordance with the final site plan and special
permit within the twelve-month period, the Town may extend the time
to pull a permit or complete construction for an additional 90 days
by resolution of the Town Board. If the expiration time is not extended,
all approvals shall become null and void.
B.
If there is no electricity generation of a solar energy system on
a continuous basis for 12 months and/or the reduction of proposed
usage in the amount of 50% for 12 months, the Town may notify and
instruct the owner and/or operator of the solar energy system to implement
the decommissioning plan. Decommissioning must be completed within
200 days of notification.
C.
If the owner and/or operator fails to comply with decommissioning
upon any abandonment, the Town may, at its discretion, utilize the
cash and or letter of credit for the removal of the solar energy system
and restoration of the site in accordance with the decommissioning
plan.
Any violation of this solar energy law shall be subject to the
same enforcement requirements, including the civil and criminal penalties
provided for in the zoning or land use regulations of the Town.
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
or enforceability of any other section, subsection, paragraph, sentence,
clause, provision, or phrase, which shall remain in full force and
effect.
The Town Board may, under appropriate conditions or circumstances,
and in its absolute discretion, waive one or more of the submission
requirements contained herein.
Fees for application are those as established by the Town of
Cicero, and it shall be the responsibility of the applicant to reimburse
the Town for any and all reasonable and necessary legal, engineering
and other professional fees incurred by the Town in reviewing and
administering an application for a solar energy system under this
chapter.
