All Tier 1 solar energy systems shall be permitted in all zoning
districts and shall be exempt from site plan review under the local
zoning code or other land use regulation, subject to the following
conditions for each type of solar energy systems:
A. Roof-mounted solar energy systems.
(1) Roof-mounted solar energy systems shall incorporate, when feasible,
the following design requirements (exceptions may be approved by the
Code Enforcement Officer):
(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.
(2) Glare. All solar panels shall have antireflective coating(s).
(3) Height. All roof-mounted solar energy systems shall be subject to
the maximum height regulations specified for principal and accessory
buildings within the underlying zoning district.
B. Building-integrated solar energy systems. Building-integrated solar
energy systems shall be shown on the plans submitted for the building
permit application for the building containing the system.
C. Ground-mounted solar energy systems.
(1) Glare. All solar panels shall have antireflective coating(s).
(2) Setbacks. Tier 1 solar energy systems shall be subject to the setback
regulations specified for the accessory structures within the underlying
zoning district. All ground-mounted solar energy systems shall only
be installed in the side or rear yards in residential districts. In
addition to the above, side yard setbacks for interconnection poles
shall be greater than or equal to the height of the respective poles.
(3) Height. Tier 1 solar energy systems shall be subject to the height
limitations specified for accessory structures within the underlying
zoning district.
(4) Lot size. Tier 1 solar energy systems shall comply with the existing
lot size requirement specified for accessory structures within the
underlying zoning district.
(5) Screening and visibility.
(a)
All Tier 1 solar energy systems shall have views minimized from
adjacent properties to the extent reasonably practicable.
(b)
Solar energy equipment shall be located in a manner to reasonably
avoid and/or minimize blockage of views from surrounding properties
and shading of property to the north, while still providing adequate
solar access.
All Tier 2 ground-mounted solar energy systems shall be permitted in all zoning districts as accessory structures and shall be subject to site plan approval. Tier 2 solar energy systems shall adhere to the standards and requirements established for Tier 1 ground-mounted systems in §
147-6C, in addition to (or in some cases amended by) the following requirements:
A. Application and site plan review requirements. Applications for Tier
2 solar energy systems, including materials for site plan review,
shall include the following:
(1) 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.
(2) Name, address, contact information, 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.
(3) Nameplate capacity of the solar energy system (as expressed in kW
or MW).
(4) Zoning district designation for the parcel(s) of land comprising
the facility area.
(5) Property lines and physical features, including roads, for the project
site.
(6) Adjacent land uses on contiguous parcels within a certain radius
of the site boundary.
(7) Proposed changes to the landscape of the site, including site grading,
vegetation clearing and planting, the removal of any large trees,
access roads, exterior lighting, signage, fencing, landscaping, and
screening vegetation or structures.
(8) A one- or three-line electrical diagram detailing the entire solar
energy system layout, including the number of solar panels in each
ground-mount array, solar collector installation, associated components,
inverters, electrical interconnection methods, and utility meter,
with all National Electrical Code compliant disconnects and overcurrent
devices. The diagram should describe the location and layout of all
battery energy storage system components if applicable and should
include applicable setback and other bulk and area standards.
(9) A preliminary equipment specification sheet that documents all proposed
solar panels, system components, mounting systems, racking system
details, and inverters that are to be installed. A final equipment
specification sheet shall be submitted prior to the issuance of building
permit.
B. Standards. Tier 2 systems shall adhere to the following standards.
(1) Lot coverage. Tier 2 solar energy systems are exempt from the lot
coverage requirements in the underlying zoning district.
(2) Screening/visibility. Tier 2 solar energy systems 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.
(3) Environmental resources.
(a)
Treecutting. Removal of existing trees larger than six inches
in diameter should be minimized to the extent possible.
(b)
To the extent practicable, Tier 2 solar energy system owners
shall utilize and maintain native perennial vegetation to provide
foraging habitat for pollinators in all appropriate areas within the
facility area.
(c)
Use integrated pest management practices to refrain from/limit
pesticide use (including herbicides) for long-term operation and site
maintenance.
All Tier 3 solar energy systems are permitted through the issuance
of a special use permit within the Village, and subject to site plan
application requirements set forth in this section.
A. Applications for the installation of Tier 3 solar energy systems
shall be:
(1) Subject to a public hearing to hear all comments for and against
the application. This hearing shall be in compliance with all existing
public hearing requirements established under law by the Village of
Carthage.
(2) Reviewed by the Planning Board for completeness. Applicants shall
be advised within 30 days of the completeness of their application
or any deficiencies that must be addressed prior to substantive review.
(3) Referred to the County Planning Department pursuant to General Municipal
Law § 239-m if required.
(4) Upon closing of the public hearing, the Planning Board shall take
action on the application within 60 days of the public hearing, which
can include approval, approval with conditions, or denial. The sixty-day
period may be extended upon consent by both the Planning Board and
applicant.
B. Application and site plan review requirements. Applications for Tier
3 solar energy systems, including materials for site plan review,
shall include the following:
(1) 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.
(2) Name, address, contact information, 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.
(3) Nameplate capacity of the solar energy system (as expressed in MW).
(4) Zoning district designation for the parcel(s) of land comprising
the facility area.
(5) Property lines and physical features, including roads, for the project
site.
(6) Map(s) of MSG 1-4 soils and active agriculture lands on the parcel(s)
comprising the facility area and adjacent parcels.
(7) Adjacent land uses on contiguous parcels within a certain radius
of the site boundary.
(8) Proposed changes to the landscape of the site, including site grading,
vegetation clearing and planting, the removal of any large trees,
access roads, exterior lighting, signage, fencing, landscaping, and
screening vegetation or structures.
(9) Erosion and sediment control and stormwater management plans prepared
to NYS Department of Environmental Conservation standards, if applicable,
and to such standards as may be established by the Planning Board.
(10)
A one- or three-line electrical diagram detailing the entire
solar energy system layout, including the number of solar panels in
each ground-mount array, solar collector installation, associated
components, inverters, electrical interconnection methods, and utility
meter, with all National Electrical Code compliant disconnects and
overcurrent devices. The diagram should describe the location and
layout of all battery energy storage system components if applicable
and should include applicable setback and other bulk and area standards.
(11)
A preliminary equipment specification sheet that documents all
proposed solar panels, system components, mounting systems, racking
system details, and inverters that are to be installed. A final equipment
specification sheet shall be submitted prior to the issuance of a
building permit.
(12)
A property operation and maintenance plan that describes continuing
site maintenance, anticipated dual use, and property upkeep, such
as mowing and trimming.
(13)
A decommissioning plan (see appendix) signed by the owner and/or operator of the solar energy
system shall be submitted by the applicant. The decommissioning plan
shall address the following:
(a)
The time required to decommission and remove the solar energy
system and any ancillary structures.
(b)
The time required to repair any damage caused to the property
by the installation and removal of the solar energy system.
(c)
The cost of decommissioning and removing the solar energy system,
as well as all necessary site remediation or restoration.
(d)
The provision of a decommissioning security which shall adhere
to the following requirements:
[1]
The deposit, executions, or filing with the Village of Carthage
Clerk of cash, bond, or other form of security reasonably acceptable
to the Village of Carthage attorney and/or engineer, shall be in an
amount 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.
[2]
The amount of the bond or security shall be 115% of the cost
of removal and site restoration for the Tier 3 solar energy system
and shall be revisited every five years and updated as needed to reflect
any changes (due to inflation or other cost changes). The decommissioning
amount shall be reduced by the amount of the estimated salvage value
of the solar energy system.
[3]
In the event of default upon performance of such conditions,
after proper notice and expiration of any cure periods, the cash deposit,
bond, or security shall be forfeited to the Village of Carthage, which
shall be entitled to maintain an action thereon. The cash deposit,
bond, or security shall remain in full force and effect until restoration
of the property as set forth in the decommissioning plan is completed.
C. Special use permit standards. The Planning Board may issue a special
use permit for a Tier 3 solar energy system only after it has found
that all the following standards and conditions have been satisfied:
(1) Underground requirements. All utility lines located outside of the
facility area 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.
(2) Vehicular paths. Vehicular paths within the facility area shall be
designed in compliance with Uniform Code requirements to ensure emergency
access, while minimizing the extent of impervious materials and soil
compaction.
(3) Signage.
(a)
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.
(b)
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.
(4) Glare. All solar panels shall have antireflective coating(s). Tier
3 solar energy systems shall undergo a glint and glare analysis that
identifies the potential glare impacts to nearby properties, roadways,
and aircraft.
(5) 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.
(6) Multiple lots. At the discretion of the Planning Board, where a Tier
3 solar energy system's facility area comprises multiple lots
(regardless of ownership by an individual or multiple participating
landowners), the combined lots may be treated a single lot for the
purposes of applying specific standards and requirements, including
but not limited to lot size and setback requirements.
(7) Lot size. The property on which the Tier 3 solar energy system is
placed shall meet the lot size requirements of the underlying zoning
district.
(8) Setbacks. The Tier 3 solar energy systems shall comply with the setback
requirements of the underlying zoning district for principal structures.
Fencing, collection lines, access roads and landscaping may occur
within the setback. In addition to the above, side yard setbacks for
interconnection poles shall be greater than or equal to the height
of the respective poles.
(9) Height. The Tier 3 solar energy systems shall comply with the building
height limitations for principal structures of the underlying zoning
district.
(a)
This height requirement can be waived by the Code Enforcement
Officer if the panels are being raised to accommodate continued or
new agricultural purposes.
(10)
Lot coverage. Tier 3 solar energy systems are exempt from the
lot coverage requirements in the underlying zoning district.
(11)
Fencing requirements. All mechanical equipment, including any
structure for battery energy storage system components, shall be enclosed
by a seven-foot-high fence, as required by NEC, with a self-locking
gate to prevent unauthorized access.
(12)
Screening and visibility.
(a)
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.
(b)
Solar energy systems larger than 10 acres shall be required
to:
[1]
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 submitted by the applicant.
[2]
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.
[a] 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 Village
of Carthage. This plan shall provide for the replacement of landscape
trees or shrubs planted for buffering that may die in order to maintain
the visual screening for the life of the project.
[b] The Planning Board may elect to waive certain screening
and landscaping requirements in select locations based on an applicant's
demonstration of nonimpact or impact mitigation on adjacent parcels.
(13)
Environmental resources.
(a)
Tree cutting. Removal of existing trees larger than six inches
in diameter should be minimized to the extent possible.
(b)
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 and seed all appropriate areas within the facility
area. Any project which is designed to incorporate agricultural or
farm-related activities or uses within the facility area may be excluded
from this requirement based on the amount of space actually occupied
by the agricultural use(s). This exclusion will only be allowed based
on the Planning Board determination that these lands are being used
for actual agricultural uses.
(c)
Use integrated pest management practices to refrain from/limit
pesticide use (including herbicides) for long-term operation and site
maintenance.
(14)
Agricultural resources. Tier 3 solar energy systems for which
the facility area includes lands consisting of MSG 1-4 shall adhere
to the following requirements:
(a)
Tier 3 solar energy system components, equipment, and associated
impervious surfaces shall occupy no more than 50% of the area of MSG
1-4 within the facility area.
[1]
A Tier 3 solar energy system may exceed the 50% MSG 1-4 coverage
threshold if it incorporates an on-site activity or program which
provides for the use of the land as a farm operation. Exceedance beyond
the 50% threshold will only be allowed based on the Planning Board's
determination that the land is being used for a farm operation.
[2]
Subject to discretion of the Planning Board, if the landowner
demonstrates that, notwithstanding the classification as MSG 1-4,
the land cannot be profitably employed due to excessive wetness, rocky
conditions or slopes, the land may be excluded from the calculation
required by this section.
(b)
To the maximum extent practicable, Tier 3 solar energy systems
located on MSG 1-4 shall be constructed, monitored, and decommissioned
in accordance with the NYS Department of Agriculture and Markets'
"Guidelines for Solar Energy Projects - Construction Mitigation for
Agricultural Lands."
(15)
Emergency response. Tier 3 solar energy systems shall be required
to submit an emergency response and fire safety plan as part of the
project application which shall describe the actions to be taken to
ensure the safety of employees, emergency service members serving
the system, and the surrounding community in the event of a fire or
other emergency.
D. Ownership changes. 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 decommissioning
plan. A new owner or operator of the solar energy system shall notify
the Zoning Enforcement Officer of such change in ownership or operator
within 30 days of the ownership change.
All Tier 4 solar energy systems are permitted through the issuance of a special use permit within the Village, and are subject to the site plan and special use permit application requirements and permissions established for Tier 3 solar energy systems in §
147-8, in addition to (or in some cases amended by) the following requirements:
A. Applications for Tier 4 solar energy systems shall be reviewed by
the Planning Board for completeness. Applicants shall be advised within
60 days of the completeness of their application or any deficiencies
that must be addressed prior to substantive review.
B. Preapplication meeting. At least 60 days prior to the submission
of an application, the applicant shall conduct a preapplication meeting
with the Planning Board to ensure all parties have clear expectations
regarding any Village requirements applicable to the proposed solar
energy system. A written request for this purpose shall be sent to
the Planning Board and Village Board President. Submission and review
of the application shall not be delayed based on the failure of the
Planning Board or Village Board President to respond in a timely manner
to a properly filed meeting request. At the preapplication meeting,
the applicant must provide:
(1) A brief description of the proposed facility and its environmental
setting;
(2) A map of the proposed facility showing project components;
(3) The proposed facility's anticipated impacts;
(4) A designated contact person with telephone number, email address,
and mailing address from whom information will be available on a going-forward
basis; and
(5) An anticipated application submission date.
C. Community engagement plan. Applications for a Tier 4 solar energy
system shall include a community engagement plan detailing the applicant's
proposed plans and strategies for ensuring adequate public awareness
and encouraging community participation. Applicants are highly encouraged
to discuss the contents and details proposed in this plan with the
Planning Board and Village Board President prior to the submission
of a formal application.
D. Special use permit standards.
(1) Setbacks. Tier 4 solar energy systems shall comply with the setback
requirements of the underlying zoning district for principal structures.
Fencing, collection lines, access roads and landscaping may occur
within the setback. In addition to the above, side yard setbacks for
interconnection poles shall be greater than or equal to the height
of the respective poles.
(2) Agricultural resources. Tier 4 solar energy systems for which the
facility area includes active agricultural lands shall adhere to the
following requirements:
(a)
A Tier 4 solar energy system may exceed the 50% active agricultural
land threshold if it incorporates an on-site activity or program which
provides for the use of the land as a farm operation. Exceedance beyond
the 50% threshold will only be allowed based on the Planning Board's
determination that the land is being used for a farm operation.
(b)
To the maximum extent practicable, Tier 4 solar energy systems
located on active agricultural lands shall be constructed, monitored,
and decommissioned in accordance with the NYS Department of Agriculture
and Markets' "Guidelines for Solar Energy Projects - Construction
Mitigation for Agricultural Lands."