[Added 6-8-2016 by L.L.
No. 4-2016; amended 1-9-2019 by L.L. No. 1-2019; 8-2-2023 by L.L. No. 4-2023]
The Town Board of the Town of Lockport makes the following findings:
A.
The Town Board of the Town of Lockport recognizes that, as properly
regulated, solar energy is a clean, readily available and renewable
energy source beneficial to the Town of Lockport, its residents and
the general public, and the Town of Lockport intends to accommodate
the use of properly regulated solar energy systems.
B.
However, the Town Board finds a growing need to properly site all
types of solar energy systems within the boundaries of the Town of
Lockport to protect residential, business areas and other land uses,
to preserve the overall beauty, nature and character of the Town of
Lockport, including the integrity of our rural communities, to promote
the effective and efficient use of solar energy resources, and to
protect the health, safety and general welfare of the citizens of
the Town of Lockport.
C.
Solar energy systems deplete land available for other uses, introduce
industrial usage into other nonindustrial areas, and can pose environmental
challenges and compete with other activities.
D.
Solar energy systems need to be regulated from permitting through
construction and ultimately for their decommissioning and removal
when no longer utilized.
The following definitions shall apply to this article:
The person or entity filing an application and seeking an
approval under this article; the owner of a solar energy system or
a proposed solar energy system project; the operator of solar energy
system or a proposed solar energy system project; any person acting
on behalf of an applicant, solar energy system or proposed solar energy
system. Whenever the term "applicant" or "owner" or "operator" is
used in this article, said term shall include any person acting as
an applicant, owner or operator. Notwithstanding the foregoing, "applicant,"
"owner" and "operator" are distinct terms from the "property owner."
A solar energy system incorporated into and becoming part
of the overall architecture and design of a building or structure
in a manner that the solar energy system is a permanent and integral
part of the building envelope or structure.
A solar energy system that is affixed to the side(s) of a
building or other structure either directly or by means of support
structures or other mounting devices, but not including those mounted
to the roof or top surface of a building. Said system is designed
and intended to generate electricity for use on said lot, potentially
for multiple tenants. Although said system may be connected to a utility
grid, it is designed to produce only enough energy to service the
lot on which it sits.
Any battery or other device used or intended to be used to
store energy created by a solar energy system so that it may be utilized
at a future time.
Land where there is sufficient open space, acreage and favorable
soil conditions to support cultivation of agricultural crops.
ACTIVE FARMLANDLand where crops are currently grown or have been grown in the past five years, and includes any land that has received an agricultural exemption in the past five years.
PRIME FARMLANDAcreage designated and categorized by the U.S. Department of Agriculture (USDA) where soils and hydrology contain the best combination of physical and chemical characteristics for producing quality crops.
PRIME FARMLAND IF DRAINEDLand that meets the USDA criteria for prime farmland, except for depth to the water table, and with managed drainage would be classified as prime farmland.
FARMLAND OF STATEWIDE IMPORTANCELand that has soil characteristics of USDA classifications 1 through 3 or 4w, is available for farming and is important to statewide agricultural production, but does not meet the USDA criteria for "prime farmland" or "prime farmland if drained."
A solar energy system that is affixed to the ground either
directly or by support structures or other mounting devices. Said
system is an accessory structure, designed and intended to generate
electricity for use on said lot, potentially for multiple tenants.
Although said system may be connected to a utility grid, it is designed
to produce only enough energy to service the lot on which it sits.
The titled owner or owners of the real property upon which
a solar energy system is located or is proposed to be located.
Any solar energy system that is affixed to the roof of a
building and wholly contained within the limits of the roof surface.
Said system is designed and intended to generate electricity solely
for use on said lot, potentially for multiple tenants. Although said
system may be connected to a utility grid, it is designed to produce
only enough energy to service the lot on which it sits.
Electrical energy storage devices, material, hardware, inverters,
or other electrical equipment and conduit of photovoltaic devices
associated with the production of electrical energy.
An electrical-generating system composed of a combination
of both solar panels and solar energy equipment.
A photovoltaic device capable of collecting and converting
solar energy into electrical energy.
A right, expressed as an easement, covenant, condition, or
other property interest in any deed or other instrument executed by
or on behalf of any property owner, that protects the solar skyspace
of any solar energy facility at a designated location for designated
time periods by forbidding or limiting activities, land uses, development,
and/or vegetation that would interfere with or obstruct the solar
skyspace, thus reducing the feasibility of operating the solar energy
system.
Any solar energy system that is designed and intended to supply
energy primarily into a utility grid for sale to, or use by, the general
public, whether or not it also supplies energy for use on the parcel
of land on which it is located;
Any solar energy system that consists of an overall footprint
greater than five acres; or
Any solar energy system not meeting another definition as outlined
in this article will be treated as utility-scale solar energy and
subject to the requirements of such.
Subject to the provisions of this article, solar energy systems
shall be allowed as follows:
A.
Rooftop-mounted, building-mounted, and building-integrated (BIPV)
solar energy systems are permitted in all zoning districts in the
Town through a building permit application process. (BIPV systems
may be permitted under an overall building permit for a structure.)
B.
Ground-mounted solar energy systems are permitted as accessory structures,
requiring site plan approval, in the following districts:
(1)
Agricultural District (AG), Local Business (B-1), General Business
(B-2), Planned Unit Development (PUD), Industrial (IN) Use District,
or Special Mining (SM) District; and
(2)
Agricultural Residential (AR), Single-Family Residential (R-1),
Multifamily Residential (R-2), Attached Dwelling Residential (ADR)
or Manufactured Home Park (MHP) Use District, only if the lot in which
the ground-mounted solar energy system is situated is greater than
two acres.
C.
Utility-scale solar energy systems are permitted only in following
districts:
D.
Any inconsistent provisions of this chapter which purport to or may
be interpreted to allow solar energy systems in other districts are
hereby superseded.
The placement, construction, and major modification of all solar
energy systems within the boundaries of the Town of Lockport shall
be permitted only as follows:
A.
Rooftop-mounted, building-integrated and building-mounted solar energy
systems upon issuance of building permit.
B.
Ground-mounted solar energy systems after SEQRA review and upon concurrent
site plan approval by the Town of Lockport Planning Board, and upon
issuance of a building permit issued according to the Town Code and
New York State Building Code,[1] and shall be subject to all provisions of this article.
C.
Utility-scale solar energy systems shall be permitted only by special
use permit issued according to the Code, in use districts where allowed,
and in accordance with the criteria established in this article, after
SEQRA review, and upon concurrent site plan approval, and upon issuance
of a building permit, and shall be subject to all provisions of this
article.
D.
All solar energy systems existing on the effective date of this article
shall be allowed to continue usage as they presently exist. Routine
maintenance shall be permitted on such existing systems.
E.
Any major new construction, relative to any solar energy systems
existing at any time, including but not limited to replacement of
a part or portion of the solar energy system with a part or portion
of the solar energy system, even if it is of like construction and
size, and or any other physical changes resulting in the increase/decrease
of energy production capacity, shall be considered as a new solar
energy system and shall therefore comply with the requirements of
this article and would require initiation of a new application process.
F.
No solar energy system shall hereafter be used, erected, moved, reconstructed,
changed or altered except in conformity with these regulations.
G.
Any applications (including variance applications) pending for solar
energy systems on the effective date of this article shall be subject
to the provisions of this article.
H.
This article shall take precedence over any inconsistent provisions
of this chapter of the Town of Lockport.
I.
This article shall not apply to any lot owned by a municipality.
A.
Rooftop-mounted and building-mounted solar energy systems shall not
be more than three feet higher than the finished roof to which they
are mounted, and in no instance shall any part of the system extend
beyond three feet beyond the edge of the roof. All rooftop-mounted
or building-mounted solar energy systems shall meet all building permit
requirements, including the New York State Uniform Fire Prevention
and Building Code[1] standards (which includes Fire Department access areas),
and be installed by a qualified solar installer. The Building Inspector
may require, in his sole discretion, walkways for safety access purposes.
B.
Building-mounted solar energy systems shall not be more than three
feet from the building wall, and in no instance shall any part of
the system extend beyond the roofline or parapet wall.
C.
Ground-mounted solar energy systems shall be subject to the following
requirements:
(1)
The location of said solar energy system shall be placed no
closer than three times the height of the solar energy system, but
not less than 25 feet from any property line;
(2)
The location of said solar energy system shall be only located
in the side or rear yard;
(3)
The location of said solar energy system shall not be placed
closer than 25 feet from any other structure on the lot on which it
is situated;
(4)
The location of said solar energy system shall not be placed
closer than 75 feet from any structure on an adjoining lot;
(5)
The orientation of said solar energy system shall not be pointed
at any neighboring dwelling, where feasible;
(6)
The height of said solar energy system shall not exceed 10 feet
when oriented at maximum tilt;
(7)
The total surface area of said ground-mounted solar energy system
on a lot shall not exceed 5% of the total lot area; and
(8)
All building permit requirements, including the New York State
Uniform Fire Prevention and Building Code standards, shall be met,
and the solar energy system shall be installed by a qualified solar
installer. Whether an installer is a qualified solar installer shall
be determined by the Town Building Inspector.
D.
Site plan requirements for a ground-mounted solar energy system.
(1)
The applicant shall be required to submit a site plan drawn
in sufficient detail as follows:
(a)
Plans and drawings of the solar energy system installation signed
by a professional engineer registered in New York State showing the
proposed layout of the solar energy system along with a description
of all components (including but not limited to electrical energy
storage systems), existing vegetation, any proposed clearing and grading
of the lot involved, any stormwater or erosion disturbances, and utility
lines, both above and below ground, on the site and adjacent to the
site;
(b)
Property lot lines and the location and dimensions of all existing
structures and uses on site within 300 feet of the solar panels;
(c)
Any proposed fencing and/or screening for said project; and
(d)
Any such additional information as may be required by the Town's
professional engineer or consultant, Town of Lockport Planning Board,
Town Attorney, Building Inspector or other Town agent identified by
the Town Planning Board.
(2)
A public hearing on said site plan shall be held by the Planning
Board.
E.
Electrical energy storage systems, including any electrical storage
batteries. When electrical energy storage systems are included as
part of any building-integrated solar/photovoltaic (BIPV) system,
building-mounted solar energy systems, rooftop-mounted solar energy
systems, or ground-mounted solar energy systems, they shall be placed
in secure container or enclosure meeting the requirements of the New
York State Building Code.[2]
F.
All solar energy systems, regardless if they tie into the grid or
not, shall adhere to all applicable federal, state, county and Town
of Lockport laws, regulations and building, plumbing, electrical,
and fire codes, and the applicant shall provide the Building Inspector
with all certifications of proper placement and installation, including
electrical, as the State Code or the Building Inspector deems necessary.
G.
Any solar energy system and any related access road shall be accessible
for all emergency service vehicles and personnel.
H.
All structures and devices used to support solar collectors shall
be nonreflective and/or painted a subtle or earth-tone color.
I.
The design, construction, operation, and maintenance of any solar
energy system shall seek to prevent the misdirection and/or reflection
of solar rays onto neighboring properties, public roads, and public
parks, to the extent practicable.
J.
The development and operation of a solar energy system shall not
have a significant adverse impact on fish, wildlife, or plant species
or their critical habitats, or other significant habitats identified
by the Town of Lockport or other federal or state regulatory agencies.
Any and all trees and/or vegetation installed or proposed to be installed
in conjunction with any solar energy system, including those for ground
cover and/or used to provide screening for a solar energy system,
shall be of plant species native to the Western New York Region so
as to promote the habitats of native pollinators and wildlife.
K.
Artificial lighting of any solar energy systems shall be limited
to lighting required for safety and operational purposes and shall
be shielded from all neighboring properties and public roads. Such
lighting shall not be designed to operate continuously at night, unless
a compelling safety or operational purpose exists, and shall be designed
to minimize light pollution of the night skies.
L.
If the use of an approved solar energy system is discontinued, the
owner or operator shall notify the Building Inspector within 30 days
of such discontinuance. If a solar energy system is to be retained
and reused, the owner or operator shall further inform the Building
Inspector of this in writing at such time and obtain any necessary
approvals within one year; otherwise, it shall be automatically deemed
abandoned and shall be decommissioned at the expense of the property
owner.
M.
Any solar energy system to be used strictly for agricultural use
purposes in a state-designated agricultural district in accordance
with the New York State Agriculture and Markets Law may have some
of the requirements of this article waived by the Planning Board upon
written request signed by the applicant.
N.
An applicant shall be responsible for the disposal of any solar energy
system components in compliance with all federal, state and local
laws and regulations for disposal of said solar energy system existing
at such time as the disposal takes place, and at no later date than
one year after abandonment.
Applications under this article shall be made in accordance with Article XVIII, Site Plan Review, Article XIX Special Use Permits, and as follows. Applicants for a special use permit to place, construct, and/or make a major modification to a utility-scale solar energy system within the boundaries of the Town of Lockport shall submit 12 sets of the following information to the Building Inspector, who shall first present it to a professional engineer or consultant for an initial review and then on to the Planning Board for its review and determination. The Planning Board may make such additional referrals as it deems appropriate. No such application shall be deemed filed until any required application fee has been paid. The following information shall be contained in the application:
A.
A completed State Environmental Quality Review Act (SEQRA) full-form
environmental assessment form (EAF), unless a short-form is deemed
acceptable by the Town's Building Inspector, professional engineer,
Attorney, consultant, and the Town of Lockport Planning Board.
B.
Necessary special use permit information:
(1)
Name, address, and telephone number of the property owner. If
the property owner is not the applicant, the application shall include
the name, address, and telephone number of the applicant and a notarized
letter or other written notarized permission signed by the property
owner authorizing the applicant to represent the property owner.
(2)
Documentation of access to the project site(s), including location
of all access roads, gates, parking areas, etc.
(3)
Documentation of the clearing, grading, stormwater and erosion
control plans.
(4)
Utility interconnection data and a copy of written notification
to the utility of the proposed interconnection together with the completed
CESIR (Coordinated Electric System Interconnection Review).
(5)
One- or three-line electrical diagram detailing the solar energy
system installation, associated components, and electrical interconnection
methods, with all disconnects and overcurrent devices.
(6)
A property owner who has installed or intends to install a utility-scale
solar energy system may choose to negotiate with other property owners
in the vicinity for any necessary solar skyspace easements. The issuance
of a special use permit does not constitute solar skyspace rights,
and the Town shall not be responsible for ensuring impermissible obstruction
to the solar skyspace as a result of uses or development performed
in accordance with the Town Code. In the event that solar easements
are negotiated by an applicant or property owner for a utility-scale
solar energy system, a copy or documentation of any solar skyspace
easements shall be provided, properly recorded as such, negotiated
with neighboring property owners, that shall, at a minimum, include:
(a)
The restrictions placed upon buildings, structures, vegetation
and other objects or uses that would potentially obstruct the solar
skyspace of the solar energy system;
(b)
A description of the dimensions of the easement expressed in
measurable terms, such as the maximum height of buildings and structures,
vertical or horizontal angles measured in degrees, or the hours of
the day on specified dates during which direct sunlight to a specified
surface of a solar collector may not be obstructed, or a combination
of these descriptions;
(c)
The amount, if any, of permissible obstruction of the solar
skyspace through the easement, expressed in measurable terms, such
as a specific percentage of the solar skyspace that may be obstructed
or hours during the day;
(d)
Provision for trimming vegetation that would impermissibly obstruct
solar skyspace, including any compensation for trimming expenses;
(e)
Provisions for compensation of the owner/operator benefitting
from the easement in the event of impermissible obstruction of the
solar skyspace that would be in violation of the easement; and
(f)
The terms or conditions, if any, under which the easement may
be revised or terminated.
(7)
Documentation of the proposed construction schedule, from beginning
to end of construction, with all staging of construction to take place
on the lot where the solar energy project is proposed, to the extent
practicable.
(8)
Documentation of a comprehensive screening and vegetation plan
in full compliance and consistent with all other relevant sections
of this article.
(9)
Documentation of Decommissioning Plan and Decommissioning Bond
in full compliance with and consistent with all other relevant sections
of this article.
(10)
A copy of the executed lease between the applicant and the property
owner which allows for the development of a utility scale solar energy
system, if the property owner is not the applicant/owner of the solar
energy system.
C.
A site plan drawn in sufficient detail as follows:
(1)
Plans and drawings of the solar energy system installation signed
by a professional engineer registered in New York State showing the
proposed layout of the entire solar energy system along with a description
of all components, whether on-site or off-site, existing vegetation
and proposed clearing and grading of all sites involved, and utility
lines, both above and below ground, on the site and adjacent to the
site;
(2)
Property lot lines and the location and dimensions of all existing
structures and uses either on-or off-site within 1,000 feet of the
solar panels; and
(3)
Proposed fencing and/or screening for said project, in accordance
with the special use permit requirements of this chapter and all other
requirements of this article.
D.
Any such additional information as may be otherwise referenced in
this article and/or as required by the Town's professional engineer
or consultant, Town of Lockport Planning Board, Town Attorney, Building
Inspector or other Town entity.
Special use permits issued for a utility-scale solar energy
system shall meet the following conditions:
A.
Minimum lot area. The minimum lot area shall be 15 acres.
B.
Maximum lot area. The maximum lot area shall be 50 acres.
C.
Setbacks. Any utility-scale solar energy system shall adhere to the
following setbacks:
(1)
From buildings or structures:
(a)
A minimum of 250 feet from any building or structure, on the
proposed developed lot, except if said building or structure is used
for the actual operation of the utility-scale solar energy system;
and
(b)
A minimum of 700 feet from any dwelling on adjoining lots and
500 feet from any other structure on adjoining lots.
(3)
From schools and public parks: a minimum of 500 feet from all
property lot lines bordering a school or public park.
(4)
From any municipal boundary line: a minimum of 200 feet from
the municipal boundary line.
(5)
From any property lot lines: a minimum of 100 feet from any
property lot line.
(6)
From any district line of the following districts, Single-Family
Residential (R-1), Multifamily Residential (R-2), Attached Dwelling
Residential (ADR), Manufactured Home Park (MHP), Local Business (B-1),
General Business (B-2), Planned Unit Development (PUD), Industrial
(IN) Use District and/or Special Mining District (SM): a minimum 200
feet from all property lot lines bordering these use districts.
D.
Maximum overall height. The height of a utility-scale solar energy
system shall not exceed 15 feet when oriented at maximum tilt.
E.
Number of utility-scale solar energy systems allowed per parcel.
There shall only be allowed one utility-scale solar energy system
per parcel.
F.
Rear lot requirement. A utility-scale solar energy system shall only
be located in a rear yard if there is a principal structure or dwelling
on said lot. For corner lots, the Planning Board reserves the right
to determine the location of the rear yard and may determine that
the rear yard is to be considered from all directions.
G.
A utility-scale solar energy system shall adhere to all applicable
federal, state, county and Town of Lockport laws, regulations, building,
plumbing, electrical, and fire codes.
H.
Development and operation of a utility-scale solar energy system
shall not have a significant adverse impact on fish, wildlife, or
plant species or their critical habitats, or other significant habitats
identified by the Town of Lockport or other federal or state regulatory
agencies. The applicant must supply specific information on the project's
potential impacts to migrating birds.
I.
The design, construction, operation, and maintenance of a utility-scale
solar energy system shall prevent the misdirection and/or reflection
of solar rays onto neighboring properties, public roads, and public
parks to the extent practicable.
J.
All structures and devices used to support solar collectors shall
be nonreflective and/or painted a subtle or earth-tone color.
K.
Underground wiring. All transmission lines and wiring associated
with a utility-scale solar energy system shall be buried where feasible
and include necessary encasements in accordance with the National
Electrical Code and Town requirements. The applicant is required to
show the locations of all proposed overhead and underground electric
utility lines, including substations and junction boxes, and all other
electrical components and components of the electrical system, including
electrical poles, for the project on the site plan.
L.
All transmission lines and electrical wiring shall be in compliance
with the utility company's requirements for interconnection.
M.
Artificial lighting of utility-scale solar energy systems shall be
limited to lighting required for safety and operational purposes and
shall be shielded from all neighboring properties and public roads.
Such lighting shall not be designed to operate continuously at night,
unless a compelling safety or operational purpose exists, and shall
be designed to minimize light pollution of the night skies.
N.
Any signage used to advertise the solar energy facility shall be
in accordance with the Town's signage regulations.
O.
Fencing. Any site containing a utility-scale solar energy system
shall contain fencing or other device acceptable to the Town, enclosing
all solar energy system components that present safety hazards, subject
to animal migration mitigation design. If such fencing is required,
it shall be eight feet tall, contain no barbed wire, and be designed
to incorporate natural colored screening measures.
(1)
Animal migration mitigation design. Any fencing shall include
openings, staggered fencing, and or other design concepts which will
allow for and facilitate deer and other animal travel through the
utility-scale solar energy system. Such openings shall be placed at
minimum every 150 feet along the fence line, or as otherwise deemed
acceptable by the Planning Board.
P.
Screening and vegetation. Screening of a permanent nature, such as
a berm, landscape screen, other opaque enclosure, or a combination
thereof, capable of fully enclosing the solar energy system, such
that it will significantly diminish sight lines from all adjacent
property, is required, and shall, at minimum, include:
(1)
Vegetative screening consisting of two staggered rows of evergreen
trees, minimum of seven feet tall when planted, spaced no farther
than 10 feet apart.
(2)
Vegetative screening consisting of one row of shrubs/bushes,
with an expected growth height of at least 10 feet tall, at least
three feet tall when planted, placed no farther than 10 feet apart.
(3)
Additional screening. The Planning Board retains the discretion
to require additional screening, including but not limited to opaque
fencing materials and or additional vegetative plantings, when the
Board determines such screening is necessary to protect sight lines
from nearby residences or other important sightlines.
(4)
Any and all of trees, shrubs/bushes, vegetation and ground cover
to be exclusively of vegetation native to the Western New York Region
chosen to promote the habitats of native wildlife and pollinators,
such as bees, butterflies and moths.
(5)
Driveways and paths of egress to and from the solar energy system
to be designed with "S" shaped curves, or other comparable design,
to limit direct views to the solar energy system from adjacent roads,
to the extent practicable.
(6)
Screening and vegetation plans to be drafted and endorsed by
licensed engineer or other competent professional to include images
of the screening from each compass directional (and/or additional
views, as requested by the Planning Board) shown at time expected
intervals of:
(7)
Screening plan during construction: All staging and construction
areas shall, prior to construction, be screened to significantly diminish
sight lines from all adjacent roadways and any residential dwellings
on adjacent properties. Screening of a temporary nature, including
but not limited to opaque temporary fencing, may be used to obstruct
sight lines of the staging and construction areas, or permanent screening
may be installed prior to staging and/or construction, if sufficient
to achieve such objective.
Q.
Post-construction certification. After completion of a utility-scale
solar energy system, and upon connection to the grid, the applicant
shall provide a post-construction certification from a professional
engineer registered in New York State that the project complies with
applicable codes and industry practices and has been constructed and
is operating according to the design plans. The applicant shall also
provide documentary proof of connection to the power grid.
R.
Compliance with regulatory agencies. The applicant is required to
obtain all necessary regulatory approvals and permits from all federal,
state, county, and local agencies having jurisdiction and approval
related to the completion of a utility-scale solar energy system.
S.
Decommissioning.
(1)
Decommissioning plan. For all utility-scale solar energy systems,
the applicant shall submit a decommissioning plan for review and approval
as part of the special use permit application. The decommissioning
plan shall identify the anticipated life of the project, method and
process of removing all components of the solar energy system and
returning the site to its preexisting condition and estimated decommissioning
costs, including any salvage value and/or costs associated with disposal
of any components of the system. The applicant shall submit an updated
decommissioning plan every five years during the life of the solar
energy system. The decommissioning plan, and every updated decommissioning
plan, and associated costs for removal, shall receive approval from
the Town's professional engineer and Town Attorney as a condition
of acceptance. The decommissioning plan shall be binding upon and
shall transfer to bind all of applicant's successors, assigns
and heirs.
(2)
Decommissioning bond. A bond or other appropriate form of security
acceptable to the Town shall be provided to cover the cost of the
removal of the entire solar energy system (including, but not limited
to, any panels, support structure, wiring, cables, light fixtures,
fixtures, and accessory structures) and site restoration. Said bond
shall transfer to cover any subsequent owner or operator of the system.
Said bond or security shall be filed prior to obtaining a building
permit. Said bond shall not be revocable and shall extend for a period
of not less than the anticipated life of the system. Any subsequent
bonds shall continue to consider the anticipated life of the system
as that particular system ages. Said bond shall be updated every five
years, in conjunction with submittal of the updated decommissioning
plan to cover the estimated cost of actual removal and remediation
of the site. Costs for decommissioning shall be reduced to present-day
costs, along with a 3.5% acceleration, per year, with the decommissioning
bond covering all costs for each calendar year. The Planning Board
reserves the right to require a different yearly acceleration percentage
based on the economic environment at the time of the review and acceptance
of the plan.
(3)
Updated decommissioning plans and bonds. Decommissioning plans
and bonds shall be reviewed and updated every five years from the
effective date of the decommissioning bond. Updated plans and bonds
need not receive Planning Board approval so long as the Town's
professional engineer and Town Attorney consent to the updated plan,
costs and bonds. Applicant/project owner shall coordinate a review
of the decommissioning plan and bond with the Town no later than six
months prior to the end of each five-year review.
T.
Clearing, grading, stormwater and erosion control.
(1)
Before the Town of Lockport shall issue a clearing, grading,
stormwater or building permit for a utility-scale solar energy system,
the applicant shall submit a stormwater and erosion control plan to
the Town Engineer and Stormwater Management Officer for their review
and approval; and
(2)
The plan shall minimize the potential adverse impacts on wetlands
and Class I and II streams and the banks and vegetation along those
streams and wetlands and minimize erosion or sedimentation.
V.
A proposed construction schedule, from beginning to end of construction,
with all staging of construction to take place on the lot where the
solar energy project is proposed, to the extent practicable.
W.
Farmland protection. Utility-scale solar energy systems shall conform
to the following provisions designed to protect the Town's limited,
and valuable, assets of "prime farmland" and "farmland of statewide
importance":
(1)
Utility-scale solar energy systems shall not be permitted on
any property, lot or parcel that contains 50% or more land classified
as "prime farmland" or "farmland of statewide importance." Prime farmland
acreage that has not been actively farmed in the past five years can
be deducted from the total acres of prime farmland on the parcel when
determining this percentage. "Prime farmland if drained" is not required
to be included when calculating the percentage of prime farmland on
a property. Establishing these requirements:
(a)
Prime farmland is determined and classified by the U.S. Department
of Agriculture (USDA), and the percentage of prime farmland and farmland
of statewide importance is calculated using USDA maps and online data
tools, including any amendments made to those maps and data. It is
the responsibility of the developer and/or landowner to provide written
evaluation, data and mapping to the Planning Board that this 50% requirement
is met. The evaluation must contain data and maps that are supported,
approved and/or published by the USDA, NYS Agriculture and Markets
and/or Niagara County Soil and Water Conservation District (NRCS).
The Planning Board may require that this evaluation be reviewed by
the Town Engineer, consultant or local agricultural services agent,
where the cost of this review will be the responsibility of the developer
or landowner.
(b)
Farmland not active in the past five years is acreage where
no agricultural tax exemption has been granted in the five-year period
and where evidence is provided to the Planning Board that the land
has not been actively farmed. The developer or landowner must provide
the Planning Board with current photos and a description of the property's
status, to include the type and maturity of natural growth on the
lot and any maintenance or alterations performed on the property.
The Planning Board can also require that an independent and experienced
agricultural professional or agent provide an inspection and evaluation
of the property's status.
(c)
Prime farmland if drained is only that designated and identified
on USDA records, databases and/or maps.
A.
Time limit on completion. After the granting of a special use permit
for a utility-scale solar energy system with concurrent site plan
approval by the Planning Board or site plan approval of a ground-mounted
solar energy system by the Planning Board, the building permit shall
be obtained within nine months and the project shall be completed
within 18 months thereafter. A six-month extension of either the building
permit or completion time can be issued by the Planning Board with
good cause shown for the requested extension. Additional fees for
an application for an extension of time may apply if set forth in
the Town of Lockport Fee Schedule. If not constructed, connected to
the grid and operational within the given time frame, the special
use permit and/or site plan approval shall automatically lapse unless
an extension is applied for and approved. If allowed to lapse, the
applicant's approval will be deemed null and void. Any further
efforts to obtain the same or similar permit/approval will require
strict conformity with this code as if it were a new application.
B.
Inspections. Upon reasonable notice, the Town of Lockport Building
Inspector or his or her designee may enter a lot on which a solar
energy system has been approved for the purpose of inspection for
compliance with the application materials as well as any and all other
applicable requirements, conditions, codes regulations and/or laws.
For utility-scale solar energy systems, such inspections shall include,
but not be limited to, focus on the screening and vegetation plans.
Twenty-four hours' advance notice by telephone to the owner/operator
or designated contact person shall be deemed reasonable notice. Furthermore,
a utility-scale solar energy system shall be inspected annually by
a New York State licensed professional engineer that has been approved
by the Town or at any other time, upon a determination by the Town's
Building Inspector that damage may have occurred, and a copy of the
inspection report shall be submitted to the Town Building Inspector.
Any fee or expense associated with this inspection shall be borne
entirely by the permit holder and will be set from time to time by
the Town Board pursuant to the Town's fee schedule. For utility-scale
solar energy systems, such inspections will take place on a yearly
basis following issuance of the building permit and at such other
times as determined by the Building Inspector.
C.
General complaint process. During construction, the Town Building
Inspector may issue a stop order at any time for any violations of
a special use permit or building permit. After construction is complete,
the permit holder of a utility-scale solar energy system shall establish
a contact person, including name and phone number, for receipt of
any complaint concerning any permit requirements.
D.
Continued operation. A solar energy system shall be maintained in
operational condition at all times, subject to reasonable maintenance
and repair outages. Operational condition includes meeting all approval
requirements and conditions, including but not limited to the continued
upkeep of a healthy screening and vegetation plan and other portions
of the applicant's submissions. Any failure to comply with the
plans approved by the Planning Board relative to the special use permit
and site plan review may be just cause for the Town Building Inspector
to make a determination of abandonment or substantial inoperability.
Also, to be functioning in operational condition, the solar energy
system must function at a minimum of 25% capacity. Failure of a solar
energy system to achieve at least 25% of capacity for a period of
six months shall result in a determination of substantially inoperative
or abandoned. Documentation regarding the system's usage, functioning
and capacity shall be furnished to the Building Inspector on a yearly
basis based on the anniversary date of the system's connection
to the grid. The Building Inspector shall also have the right to request
additional documentation at any other time as determined by the Building
Inspector. Failure to comply with such requests may result in a revocation
of the special use permit associated with the solar energy project.
E.
Determination of abandonment or substantial inoperability. A determination
of the abandonment or substantial inoperability of a solar energy
system shall be made by the Town Building Inspector, who shall provide
the owner of the solar energy system and land owner with written notice
of same by personal service or certified mail. Any appeal by the owner
of the solar energy system or landowner of the Building Inspector's
determination of abandonment or substantial inoperability shall be
filed with the Town of Lockport Town Clerk within 30 days of the Building
Inspector causing personal service or mailing by certified mail his
written determination, and the Town Board shall thereafter hold a
hearing on same, within 60 days of the filing of the appeal and shall
render a determination within 31 days following the hearing.
F.
Removal. All solar energy systems shall be dismantled and removed,
in conformance with the decommissioning plan, from a lot, within six
months, at the expense of the applicant and/or property owner, when
the system is no longer operational, the special use permit or approval
has been revoked by the Town of Lockport, or the solar energy system
has been deemed substantially inoperative or abandoned by the Building
Inspector. If the owner does not dismantle and remove said solar energy
system as required, the Town Board shall take one or more of the following
actions to ensure the solar energy system is fully removed:
(1)
Take all actions necessary to enforce and put into action the
performances required pursuant to the decommissioning bond relative
to that solar energy system.
(2)
Take any and all actions to dismantle and remove the solar energy
system at the Town's initial expense, such expense which shall
then be recouped as a tax lien on the relevant parcel. In the event
the Town proceeds in this manner, Town expenditures for such removal
shall only take place following an approval of the Town Board after
a hearing at which the property owner and solar energy system owner
shall be given an opportunity to be heard and present evidence. Such
hearing shall not take place sooner than 30 days following proper
notification of the Town's intended actions, which shall be served
by personal service or certified mail upon the landowner and the owner
of the solar energy system.
G.
Application and annual fees.
(1)
Utility-scale solar energy system. An applicant shall pay an
initial application fee, as set by the Town, upon filing its special
use permit and site plan application to cover the cost of processing
and reviewing the application. If approved, the owner shall pay an
annual fee, as set by the Town, to cover the cost of processing and
reviewing the annual inspection report(s) and for administration,
inspections and enforcement.
(2)
Site plan application for ground-mounted solar energy systems.
An applicant shall pay the standard site plan review fee as determined
from time to time by the Town Board by resolution.
(3)
The Town of Lockport reserves the right, by local law, to provide
that no exemption pursuant to the provision of New York State Real
Property Tax Law (RPTL) § 487 shall be applicable within
its jurisdiction.
H.
Prior to the issuance of a building permit, the applicant shall document
that all applicable federal, state, county, and local permits have
been obtained.
I.
Special use permits for a utility-scale solar energy system granted
under this article shall be issued only following a public hearing
held as required by this chapter.
J.
The Planning Board may:
(1)
For utility-scale solar energy systems, the Planning Board may
grant a special use permit, deny a special use permit, or grant a
special use permit with written stated conditions. The Planning Board,
in making this decision, shall make findings in accordance with this
article and with the relevant portions of the Town of Lockport Town
Code referencing special use permits and site plan. Such decision
shall be by written decision based upon substantial evidence considered
by the Board. Upon issuance of a special use permit, the applicant
shall obtain a building permit for the utility-scale solar energy
system, if all applicable conditions of approval and other relevant
portions of this article are met.
(2)
For ground-mounted solar energy systems, when site plan review
is required by the Planning Board pursuant to this article, the Planning
Board may grant site plan approval, deny site plan approval or grant
site plan approval with written stated conditions. Denial of site
plan approval shall be by written decision based upon substantial
evidence considered by the Planning Board. Upon issuance of a site
plan approval, the applicant shall obtain a building permit for the
ground-mounted solar energy system if all applicable conditions of
approval and other relevant portions of this article are met.
K.
Any changes or alterations post construction to a utility-scale or
ground-mounted solar energy system shall be done only by amendment
to the special use permit and/or site plan (if required), subject
to all requirements of this code.
L.
Special use permits for utility-scale solar energy systems shall
be assignable or transferable so long as they are in full compliance
with this article and all the conditions and the Building Inspector
is notified in writing at least 15 days prior thereto.
M.
In addition to the requirements of this article, the special use
permit application shall be subject to any other site plan approval
requirements set forth in this chapter.
In accordance with Real Property Tax Law § 487(9),
the Town of Lockport hereby notifies all utility-scale solar energy
system applicants, and the owners of land upon which such a system
may be located, that the Town of Lockport shall require the negotiation
and entering into of a PILOT agreement relevant to such improvements.
The PILOT agreement must be fully executed prior to the issuance of
any building permits relative to a utility-scale solar energy project
is ongoing and shall exist for so long as this law is in place. This
law shall negate any requirement that the Town of Lockport respond
in writing to any notification of intent to develop a utility-scale
solar energy system as such owner or applicant is hereby put on notice
of the PILOT requirement.
Whereas, the construction and operation of a utility-scale solar
energy system may directly or indirectly impact the Town of Lockport's
infrastructure, real property, populace and municipal services, and
the Town may incur additional expenses related thereto, the Town of
Lockport may require the landowner and/or owner of a utility-scale
solar energy system to enter into a host community agreement with
the Town of Lockport, to be approved by the Town Board, prior to the
issuance of any building permit associated thereto, to mitigate such
impacts.
If the applicant violates any of the conditions of its special
use permit or site plan approval or violates any other local, state
or federal laws, rules or regulations, this shall be grounds for revocation
of the special use permit or site plan approval. Revocation may occur
after the applicant is notified, in writing, of the violations and
the Town of Lockport Planning Board holds a hearing on same.
In their interpretation and application, the provisions of this
article shall be held to be minimum requirements, adopted for the
promotion of the public health, safety and general welfare. It is
not intended to interfere with, abrogate, or annul other rules, regulations
or laws, provided that, whenever the requirements of this article
are at a variance with the requirements of any other lawfully adopted
regulations, rules or laws, the most restrictive, or those which impose
the highest standards, shall govern.
If any section, subsection, phrase, sentence, or other portion
of this article is for any reason held invalid, void, unconstitutional,
or unenforceable by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct, and independent provision, and
such holding shall not affect the validity of the remaining portions
hereof.
