[Added 10-7-2014 by L.L. No. 14-2014]
[Amended 2-6-2018 by L.L.
No. 2-2018]
A.
It is the intention of the Town Board of the Town of Riverhead, as
part of its goal to limit dependence on imported fossil energy and
decrease greenhouse gas emissions, to permit commercial solar energy
production systems in the industrial zoning use districts to minimize
impacts to residents and scenic viewsheds important to the community.
B.
Commercial solar energy production systems shall be allowed with
special permit approval by the Town Board in the Light Industrial
(LI) Zoning Use District, Industrial A (Ind A) Zoning Use District,
Industrial B District (General Industry) and the Planned Industrial
Park (PIP) District.
C.
Commercial solar energy production systems shall be allowed with
special permit approval by the Town Board in the Industrial C (Ind
C) Zoning Use District that is located within the zip code boundary
of Calverton.
D.
LOT COVERAGE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The lot coverage shall include the total square footage of
the perimeter of all of the solar panels, inclusive of all interior
spaces between the panels, in addition to driveways and service roads
(paved or stone), and all accessory equipment, buildings and structures.
Commercial solar energy production systems shall be permitted as a permitted use or as allowed with special permit approval as provided in § 301-281. In addition to the requirements set forth in this chapter, all such permitted and special permit uses shall be subject to the following criteria and subject to site plan approval by the Planning Board:
A.
The commercial solar energy system shall be on a parcel of not less
than six acres.
[Amended 2-6-2018 by L.L.
No. 2-2018]
B.
All ground-mounted panels shall not exceed the height of eight feet.
C.
All mechanical equipment of commercial solar energy systems, including
any structure for batteries or storage cells, are completely enclosed
by a minimum eight-foot-high fence with a self-locking gate.
D.
Notwithstanding any requirement in §§ 301-115, 301-118, 301-123 and 301-127 of this chapter, the total surface area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells, panels, and arrays, shall not exceed 75% of the total parcel area.
[Amended 2-6-2018 by L.L.
No. 2-2018]
E.
The installation of a minimum twenty-five-foot vegetated perimeter
buffer to provide year-round screening of the system from adjacent
properties and a minimum fifty-foot vegetative buffer along roads.
[Amended 2-6-2018 by L.L.
No. 2-2018]
F.
All solar energy production systems are designed and located in order
to prevent reflective glare toward any habitable buildings as well
as streets and rights-of-way.
G.
All on-site utility and transmission lines are, to the extent feasible,
placed underground.
H.
The installation of a clearly visible warning sign concerning voltage
must be placed at the base of all pad-mounted transformers and substations.
I.
The system is designed and situated to be compatible with the existing
uses on adjacent and nearby properties.
J.
The minimum setback for equipment and panels adjacent to a commercial
or industrial property shall be 25 feet.
[Amended 2-6-2018 by L.L.
No. 2-2018]
K.
The maximum lot coverage shall be 75%.
[Amended 2-6-2018 by L.L.
No. 2-2018]
M.
The minimum natural open space shall be 25%.
[Added 2-6-2018 by L.L.
No. 2-2018]
N.
The minimum setback of panels from a residential building or zoning
district shall be 100 feet.
[Added 2-6-2018 by L.L.
No. 2-2018]
O.
The minimum buffer adjacent to a commercial or industrial property
shall be 25 feet.
[Added 2-6-2018 by L.L.
No. 2-2018]
P.
The maximum height of the panels shall not exceed eight feet.
[Added 2-6-2018 by L.L.
No. 2-2018]
Q.
Any special permit approval granted under this article shall have
a term of 20 years, commencing from the issuance of a certificate
of occupancy or certificate of compliance, which may be extended for
additional five-year terms upon application to the Town Board.
[Added 2-6-2018 by L.L.
No. 2-2018]
R.
A building permit may be required for replacing solar panels and
accessory equipment as determined by the Chief Building Inspector.
[Added 2-6-2018 by L.L.
No. 2-2018]
S.
Decommissioning/removal.
[Added 2-6-2018 by L.L.
No. 2-2018]
(1)
Any commercial solar energy production system that is not operated
for a continuous period of 24 months shall be deemed abandoned. At
that time, the owner of the commercial solar energy production system
or the owner of the property where the commercial solar energy production
system is located shall remove all components thereof within 90 days
of such deemed abandonment or will be in violation of this section.
In the case of a commercial solar energy production system on preexisting
structures, this provision shall apply to the commercial solar energy
production system only. If the commercial solar energy production
system is not removed within said 90 days, the Building Inspectors
may give the owner notice that unless the removal is accomplished
within 30 days, the Town will cause the removal at the owner's expense.
All costs and expenses incurred by the Town in connection with any
proceeding or any work done for the removal of a commercial solar
energy production system shall be assessed against the land on which
such commercial solar energy production system is located, and a statement
of such expenses shall be presented to the owner of the property,
or if the owner cannot be ascertained or located, then such statement
shall be posted in a conspicuous place on the premises. Such assessment
shall be and constitute a lien upon such land. If the owner of the
system and the owner of the property upon which the system is located
shall fail to pay such expenses within 10 days after the statement
is presented or posted, a legal action may be brought to collect such
assessment or to foreclose such lien. As an alternative to the maintenance
of any such action, the Building Inspector may file a certificate
of the actual expenses incurred as aforesaid together with a statement
identifying the property in connection with which the expenses were
incurred and the owner of the system and the owner of the property
upon which the system is located, with the Assessors, who shall, in
the preparation of the next assessment roll, assess such amount upon
such property. Such amount shall be included in the levy against such
property, shall constitute a lien and shall be collected and enforced
in the same manner, by the same proceedings, at the same time and
under the same penalties as are provided by law for the collection
and enforcement of real property taxes in the Town of Riverhead.
(2)
This section is enacted pursuant to § 10 of the Municipal
Home Rule Law to promote the public health, safety and general welfare
of Town citizens through removal provisions to ensure the proper decommissioning
of commercial solar energy production systems within the entire Town.
The removal reduction provision of this chapter shall supersede any
inconsistent portions of Town Law § 64, Subdivision 5-a,
and govern the subject of removal of commercial solar energy production
systems in this chapter.
A.
All applications for a commercial solar energy system shall be accompanied
by a decommissioning plan to be implemented upon abandonment and/or
in conjunction with removal of the commercial solar energy system.
Before beginning any decommissioning activities, the applicant must
submit a performance bond in a form and amount satisfactory to the
Town Attorney, which shall be based upon an estimate approved by the
Town's consulting engineer or Town Engineer, assuring the availability
of adequate funds to restore the site to a useful, nonhazardous condition
in accordance with the decommissioning plan. Prior to removal of a
commercial solar energy system, a permit for removal activities shall
be obtained from the Building Department. The decommissioning plan
shall include the following provisions:
(1)
Restoration of the surface grade and soil after removal of aboveground
structures and equipment.
(2)
Restoration of soil areas with native seed mixes and/or plant
species suitable to the area, which shall not include any invasive
species.
(3)
Retention of access roads, fences, gates or buildings or buffer
plantings, as required at the discretion of the Town.
(4)
Restoration of the site for agricultural crops or forest resource
land, as applicable.
(5)
The disposal of all solid and hazardous waste shall be in accordance
with all local, state, and federal waste disposal regulations.
(6)
An applicant of a commercial solar energy system comprising
more than 10 acres shall provide a form of surety, either through
escrow account, bond or otherwise, to cover the cost of removal in
the event the Town must remove the installation and remediate the
landscape, in the amount and form deemed to be reasonable by the Town
Engineer. Such surety will not be required for municipal or state-owned
facilities. The applicant of the facility shall submit a fully inclusive
estimate of the cost associated with removal, prepared by a professional
engineer.
