Village of Carthage, NY Permitting Requirements

Roof-mounted solar energy systems shall incorporate, when feasible, the following design requirements (exceptions may be approved by the Code Enforcement Officer):

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.

Solar panels on pitched roofs shall be installed parallel to the roof surface on which they are mounted or attached.

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.

Glare. All solar panels shall have antireflective coating(s).

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.

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.

Ground-mounted solar energy systems.

Glare. All solar panels shall have antireflective coating(s).

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.

Height. Tier 1 solar energy systems shall be subject to the height limitations specified for accessory structures within the underlying zoning district.

Lot size. Tier 1 solar energy systems shall comply with the existing lot size requirement specified for accessory structures within the underlying zoning district.

Screening and visibility.

All Tier 1 solar energy systems shall have views minimized from adjacent properties to the extent reasonably practicable.

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.

§ 147-7 Permitting requirements for Tier 2 solar energy systems.

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:

Application and site plan review requirements. Applications for Tier 2 solar energy systems, including materials for site plan review, shall include the following:

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.

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.

Nameplate capacity of the solar energy system (as expressed in kW or MW).

Zoning district designation for the parcel(s) of land comprising the facility area.

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.

Standards. Tier 2 systems shall adhere to the following standards.

Lot coverage. Tier 2 solar energy systems are exempt from the lot coverage requirements in the underlying zoning district.

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.

Environmental resources.

Treecutting. Removal of existing trees larger than six inches in diameter should be minimized to the extent possible.

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.

Use integrated pest management practices to refrain from/limit pesticide use (including herbicides) for long-term operation and site maintenance.

§ 147-8 Permitting requirements for Tier 3 solar energy systems.

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.

Applications for the installation of Tier 3 solar energy systems shall be:

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.

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.

Referred to the County Planning Department pursuant to General Municipal Law § 239-m if required.

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.

Application and site plan review requirements. Applications for Tier 3 solar energy systems, including materials for site plan review, shall include the following:

Nameplate capacity of the solar energy system (as expressed in MW).

Zoning district designation for the parcel(s) of land comprising the facility area.

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)

(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)

(11)

(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)[1] 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:

The time required to decommission and remove the solar energy system and any ancillary structures.

The time required to repair any damage caused to the property by the installation and removal of the solar energy system.

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:

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.

Editor's Note: Said appendix is included as an attachment to this chapter.

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:

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.

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.

Signage.

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.

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.

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.

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.

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.

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.

Solar energy systems larger than 10 acres shall be required to:

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.

Tree cutting. Removal of existing trees larger than six inches in diameter should be minimized to the extent possible.

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.

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:

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.

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.

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.

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.

§ 147-9 Permitting requirements for Tier 4 solar energy systems.

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:

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.

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:

A brief description of the proposed facility and its environmental setting;

A map of the proposed facility showing project components;

The proposed facility's anticipated impacts;

A designated contact person with telephone number, email address, and mailing address from whom information will be available on a going-forward basis; and

An anticipated application submission date.

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.

Special use permit standards.

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.

Agricultural resources. Tier 4 solar energy systems for which the facility area includes active agricultural lands shall adhere to the following requirements:

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.