[Amended 6-13-2022 by L.L. No. 2-2022[1]]
[1]
Editor's Note: This local law also repealed former Art. IX,
Administration, as amended 3-6-1984; 8-24-1994; 6-7-2005; and 10-26-2020.
A.Â
Use regulations.
(1)Â
The following provisions are the use regulations for a cellular telecommunications
facility. The Town will generally permit no more than four towers
in the existing boundaries of the Town. However, this number can be
increased by the Planning Board through site plan review.
(a)Â
Section 247-70A(3) below applies to all districts.
(b)Â
Section 247-70A(4) below applies to commercial and industrial districts.
(c)Â
Section 247-70A(5) below applies to residential districts.
(2)Â
Cellular telecommunications facilities may be permitted in all districts
by special use permit. The special use permit format allows the Town
to deal with each application on a case-by-case basis, and through
the process will be able to attach reasonable conditions to the granting
of the special use permit.
(3)Â
The following general provisions apply to all cellular telecommunications facilities which include tower and antenna. These general standards are in addition to the provisions for the particular applications specified in Subsection A(4) and (5) below:
(a)Â
The location of the tower and equipment building shall comply
with all natural resource protection standards of this chapter.
(b)Â
All applicants must provide for co-location on their tower and
to provide a base of sufficient size, strength and structure to support
a 160-foot tower.
(c)Â
A six-to-eight-foot-high security fence shall completely surround
the tower and guy wires if used. The equipment and/or equipment building
should be located inside the security fence.
(d)Â
The following buffer plantings shall be located around the perimeter
of the security fence:
(e)Â
Tower height. Not to exceed 160 feet in total from ground level
or 735 feet above sea level.
(f)Â
Towers and antennas shall be designed to withstand inclement
weather conditions indigenous of this area, i.e., wind gusts, icing
caused by freezing rain or melting snow, etc.
(g)Â
The cellular telecommunications facility shall be fully automated
and unattended on a daily basis and shall be visited only for periodic
maintenance.
(4)Â
Nonresidential districts. A cellular telecommunications facility
shall be permitted in the Light Industrial, Special Light Industrial,
Light Commercial, and Medium Commercial Districts, subject to the
following conditions:
(b)Â
Combined with another use. A cellular telecommunications facility
is permitted on a property with an existing use.
[1]Â
The existing use on the property may be any permitted use in
the Town or any lawful nonconforming use and need not be affiliated
with the cellular telecommunications provider.
[2]Â
Minimum lot area. The minimum lot area shall be the area needed
to accommodate the tower (guy wires if used), the equipment and/or
the equipment building, a fall zone, security fence, and evergreen
plantings.
[3]Â
Access. The vehicular access to the equipment building and tower
shall be provided and maintained by the tower owner and be of sufficient
width and thickness to provide access to emergency vehicles.
(5)Â
Residential districts. A cellular telecommunications facility may
be located in a residential district subject to the following conditions:
(a)Â
Antenna only:
[1]Â
Combined with a nonresidential use. An antenna may be attached
to a nonresidential building or a structure that is a permitted use
in the district. This includes but is not limited to a place of assembly,
a municipal or governmental building or facility, agricultural building,
or a building or structure owned by a utility. If the applicant proposes
to locate the telecommunications equipment in a separate building,
the building shall comply with all requirements as set forth for that
given district.
[2]Â
Vehicular access to the building shall not interfere with the
parking or vehicular traffic required for the principal use.
B.Â
Tower permit application. Any company or governmental agency considered
to be an essential service by federal definition may apply to the
Town for a special use permit to construct a tower.
(1)Â
Application for a special use permit shall include the following:
(a)Â
Town-supplied site plan review application as required under § 247-54 (Site plan review; performance and design standards and associated fee). See the Town of Pendleton Fee Schedule, adopted by the Town Board by resolution, as may be amended from time to time.
(b)Â
Environmental assessment form pursuant to SEQRA.
(c)Â
Proof of the landowner's consent as demonstrated by a lease
agreement or equivalent if the applicant will not own the property.
The stated lease agreement or equivalent must be approved by the Town
Attorney.
(d)Â
A survey of the property which includes all structures, easements,
waterways, ditches (open or piped) on the property on the day of application.
The survey should also include:
[1]Â
Exact location of tower.
[2]Â
Surface dimensions of tower base.
[3]Â
Location of guy anchors if applicable.
[4]Â
Location with dimensions of any proposed structures and/or equipment.
[5]Â
Location and dimension of driveway and/or walkway.
[6]Â
Proposed location of any utilities and proposed construction
(underground or aboveground).
(2)Â
A special use permit issued by the Town Board is required upon approval
of the site plan and is subject to an annual review by the Town Board
to ensure that all of the provisions listed herein are being adhered
to. The Planning Town will have discretion to revoke the special use
permit due to noncompliance and establish a time frame to correct
the violation(s).
E.Â
Safety. Upon written request from the Town, the applicant shall provide
certification from a qualified licensed engineer that the tower meets
all applicable structural safety standards.
F.Â
Removal.
(1)Â
The applicant will agree to remove the tower in total which includes
the base, guy anchors, equipment, and/or buildings within a one-year
time frame commensurate with the date said tower ceases to be used
and/or termination of the aforementioned lease (or equivalent), if
applicable.
(2)Â
A demolition or removal bond, or equivalent, will be required at
the time of installation.
(3)Â
Prior to removal, a demolition permit must be obtained from the Code
Enforcement Officer/Building Inspector.
G.Â
Fees. See the Town of Pendleton Fee Schedule, as adopted by the Town
Board via resolution, as may be amended from time to time.
A.Â
Title. This section shall be known as and may be cited as the "Residential
Wind Energy Conversion Systems (RWECS) Law of the Town of Pendleton."
B.Â
Purpose. The purpose of this section is to provide standards for
RWECS designed for home and/or farm wind energy conversion system
use on the same parcel, and that they are primarily used to reduce
consumption of utility power at that location. The Town of Pendleton
is primarily responsible for promoting the health, safety and general
welfare of its residents and the environmental quality of its lands.
This section is designed to preserve and protect the quality of life
and the quality of the environment within the borders of the Town
of Pendleton and to ensure that the health, safety, and general welfare
continue to exist at the highest level and standards which the Town's
residents have consistently required and expect.
C.Â
Intent.
(1)Â
The intent of this section is to protect the Town's interest
in properly siting all residential wind energy turbines and/or similar
facilities in accordance with approved plans. Site plan approval is
not required for farm operations located within an agricultural district.
(2)Â
This section may be periodically reviewed and revised by the Town
Board in order to maintain compliance with the spirit and intent of
this section.
D.Â
FARM OPERATIONS
RESIDENTIAL WIND ENERGY CONVERSION SYSTEM (RWECS)
TOTAL HEIGHT
TOWER
TOWER HEIGHT
WIND TURBINE
Definitions. As used in this § 247-71, the following terms shall have the meanings indicated:
Agricultural and farming activities located within an agricultural
district as defined in § 301 of the New York State Agricultural
and Markets Law.
A wind energy conversion system consisting of one wind turbine,
one tower, and associated control or conversion electronics and is
intended to solely supply electrical power for use on the subject
property.
The height of the wind energy conversion system measured
from the ground elevation to the top of the tip of the blade in the
vertical position.
The support structure; includes a guyed monopole upon which
a wind turbine and other mechanical devices are mounted.
The height above grade of the uppermost fixed portion of
the tower, excluding the length of any axial rotating turbine blades.
Any piece of electricity-generating equipment that converts
wind energy into electrical energy through the use of airfoils, rotating
turbine blades, or similar devices to capture the wind.
E.Â
Site plan application process.
(1)Â
The applicant shall file a site plan review application with the
Planning Board. If the property owner is not the applicant, the application
shall include a letter or other written permission signed by the property
owner confirming that the property owner is familiar with the proposed
application and authorizing the submission of the application.
(2)Â
This site plan review shall include:
(a)Â
Twelve sets of plans prepared and certified by a New York State
licensed professional engineer, an architect, a landscape architect,
or land surveyor.
(b)Â
Drawing title including: name of project, name and address of
applicant and person who prepared the drawings, North point, scale,
legend, location map and date.
(c)Â
Property survey of proposed project, including dimensions, angles
and acreage plotted to scale. Also show adjoining properties, owner
names and addresses, and buildings within 500 feet of project boundary.
(d)Â
Street name, right-of-way and pavement width of all existing
streets on or adjacent to the site, also including the location of
adjacent or abutting driveways and street intersections.
(e)Â
Topographic survey (minimum grid of 50 feet), datum shall be
State Plane, includes benchmark(s), location and elevation on drawing.
(f)Â
All existing buildings.
(g)Â
Proposed building locations, building setbacks and minimum zoning
setbacks, side yard dimensions, space between buildings, green areas,
parking areas and ingress and egress identified.
(h)Â
All existing watercourses, tree masses and other natural features,
elevation of water in existing watercourses and proposed and existing
base flood elevations (100-year if in a flood hazard area).
(i)Â
SEQR forms submitted. This action will be classified as an unlisted
action. As a result, the short form will be used.
(j)Â
Visual impact study of the proposed RWECS as installed, which
may include a computerized photographic simulation, demonstrating
any visual impacts from strategic vantage points. Color photographs
of the proposed site from at least two locations accurately depicting
the existing conditions shall be included. The visual analysis shall
also indicate the color treatment of the system's components
and any visual screening incorporated into the project that is intended
to lessen the system's visual prominence.
(k)Â
Location and elevation of the proposed RWECS.
(l)Â
Vertical drawing of the RWECS showing total height, turbine
dimensions, tower and turbine colors, ladders, distance between ground
and lowest point of any blade, location of climbing pegs and access
doors.
(m)Â
Location of all aboveground utility lines on the site or within
one radius of the total height of the RWECS, transformers, power lines,
interconnection point with transmission lines and other ancillary
facilities or structures shall be shown.
(n)Â
Record as-built drawings shall be submitted to the Building
Department prior to issuance of final Building Department approval.
(3)Â
The Planning Board shall schedule a public hearing and conduct an
environmental review pursuant to the State Environmental Quality Review
Act (SEQRA).
(4)Â
Within 62 days after the public hearing, the Planning Board may approve,
approve with conditions or deny the site plan review application.
Denial of the application shall be by written decision based upon
substantial evidence submitted to the Planning Board. Upon approval,
the applicant shall obtain a building permit for the RWECS.
F.Â
Special use permit. A special use permit issued by the Town Board
is required upon approval of the site plan and is subject to an annual
review by the Town Board. Town Board review will be undertaken to
ensure that all provisions listed herein are being adhered to. The
Town Board will have discretion to revoke the special use permit due
to noncompliance and establish a time frame to correct the violation(s).
G.Â
Standards.
(1)Â
Minimum lot size: five acres.
(2)Â
Setbacks:
(a)Â
From property lines: minimum distance 1Â 1/2 times the total
height of the RWECS from any property line.
(b)Â
From on-site residential dwelling buildings: minimum distance
1Â 1/2 times the total height of the RWECS.
(c)Â
From off-site residential dwelling: minimum distance shall be
500 feet from the tower.
(d)Â
All RWECS shall be set back from rights-of-way, easements, public
ways, power lines, and any preexisting structures by a distance of
at least equal to its fall zone.
(3)Â
The minimum distance between the ground and any part of the rotor
blade shall be 30 feet at its lowest point of rotation.
(4)Â
Only one RWECS per legal lot shall be allowed.
(5)Â
Exterior lighting, other than the conventional lighting for maintenance
purposes, on any structure associated with the RWECS shall not be
allowed except that which is specifically required by the Federal
Aviation Administration.
(6)Â
No brand names, logos or advertising shall be placed or painted on
the tower, rotor, generator, or tail vane where it would be visible
from the ground, except that a system's or tower's manufacturer's
logo may be displayed on a system generator housing in an unobtrusive
manner.
(7)Â
All wind turbines shall be equipped with an automatic braking, governing,
or feathering system to prevent uncontrolled rotation, overspeeding
and excessive pressure on the tower structure, rotor blades, and turbine
components, or nacelles. This should meet or exceed the industrial
standards for the size of the system and be certified by the manufacturer.
The applicant shall have a manual filed with the Town Clerk also showing
any revisions.
(8)Â
No RWECS shall be installed in any location where its proximity to
existing fixed broadcast, retransmission or reception antenna for
radio, television or wireless phone or other personal communication
systems would produce electromagnetic interference with signal transmission
or reception. No RWECS shall be installed in any location along the
major axis of an existing microwave communication link where its operation
is likely to produce electromagnetic interference in the link's
operation. If it is determined that a RWECS is causing electromagnetic
interference, the property owner shall take the necessary corrective
action to eliminate this interference, including relocation or removal
of the facilities, or resolution of the issue with the impacted parties.
Failure to remedy electromagnetic interference is grounds for revocation
of the RWECS building permit and approval for the RWECS causing the
interference.
(9)Â
RWECS shall conform to the following specifications:
(a)Â
Kilowatt limit: 10 kilowatts maximum.
(b)Â
Color. The color of all RWECS shall be reviewed as environmentally
appropriate subject to Planning Board approval. The RWECS tower and
blades shall be painted a nonreflective, unobtrusive color that blends
the system and its components into the surrounding landscape to the
greatest extent possible and shall incorporate nonreflective surfaces
to minimize negative visual impact.
(c)Â
Structure. All RWECS structures shall be a monopole tower.
(d)Â
The design of RWECS buildings and related structures shall,
to the extent reasonably possible, use materials, colors, textures,
screening, and landscaping that will blend the facility to the natural
setting and the existing environment.
(e)Â
All monopole towers must be unclimbable by design and protected
by anticlimbing devices, as per industrial standards or climbing apparatus
to prohibit access no lower than 12 feet from the ground.
(f)Â
All related electrical lines shall be buried and marked in compliance
with the NEC standards.
(g)Â
Total height shall be limited to a maximum of 120 feet to comply
with setbacks.
(h)Â
RWECS shall be located only in rear yards.
(i)Â
Anchor points for any guy wires for a system tower shall be
located within the property that the system is located on and not
on or across any aboveground electric transmission or distribution
lines. The point of attachment for the guy wires shall be enclosed
by a fence six feet high or sheathed in bright orange or yellow covering
to eight feet above the ground. The minimum setback for the guy wire
anchors shall be 10 feet from the property boundary.
(10)Â
Certification. The applicant is required to provide the following
certifications:
(a)Â
Certification of structural components. The foundation, tower
and compatibility of the tower with the rotor and rotor-related equipment
shall be certified in writing by a structural engineer registered
in New York State. The engineer shall certify compliance with good
engineering practices and compliance with the appropriate provisions
of the Uniform Construction Code that have been adopted in New York
State.
(b)Â
Certification of electrical system. The electrical system shall
be certified in writing by an electrical engineer registered in New
York State. The engineer shall certify compliance with good engineering
practices and with the appropriate provisions of the electrical code
that have been adopted by New York State.
(c)Â
Certification of rotor overspeed control. The rotor overspeed
control system shall be certified in writing by a mechanical engineer
registered in New York State. The engineer shall certify compliance
with good engineering practices.
(11)Â
General complaint process.
(a)Â
During construction, the Code Enforcement Officer/Building Inspector
can issue a stop-work order at any time for any violations of the
special use permit.
(b)Â
Post construction. After construction is complete, the special
use permit holder shall establish a contact person, including name
and phone number for receipt of any complaint. Upon receipt of complaint
from the Code Enforcement Officer/Building Inspector the permit holder/contact
person shall have seven working days to reply to the Town in writing.
(12)Â
Post-construction maintenance/inspections.
(a)Â
Upon reasonable notice, the Code Enforcement Officer/Building
Inspector may enter a lot on which a RWECS building permit has been
granted for the purpose of compliance with any special use permit
requirements. Twenty-four hours' advance notice by telephone
to the owner/operator or designated contact person shall be deemed
reasonable notice.
(b)Â
A RWECS shall be inspected annually by a professional engineer
licensed in the State of New York that has been approved by the Town
or at any other time, upon a determination by the Code Enforcement
Officer/Building Inspector, that the wind turbine, tower, or other
RWECS components have sustained structural damage, and a copy of the
inspection report shall be submitted to the Code Enforcement Officer/Building
Inspector. Any fee or expense associated with this inspection shall
be borne entirely by the permit holder.
(13)Â
Fees and costs. See the Town of Pendleton Fee Schedule, as adopted
by the Town Board via resolution, as may be amended from time to time.
(14)Â
Abandonment of use. All RWECS shall be maintained in good condition
and in accordance with all requirements of this section. If an annual
inspection shows that the structure is unsafe, then the owner will
be given an opportunity to bring the structure into compliance. If
the structure is deemed unsafe and the owner does not bring the structure
into compliance within a reasonable period of time, the tower shall
be dismantled and removed from the property at the owner's expense.
The Town reserves the right to dismantle the structure and to charge
back the cost of this removal to the property owner. If unpaid, this
cost will be assessed to the tax levy of the property.
A.Â
Title. This section shall be known and may be recited as the "Solar
Energy Systems Ordinance of the Town of Pendleton."
B.Â
Findings. The Town Board of the Town of Pendleton makes the following
findings:
(1)Â
The Town Board recognizes that solar energy is a clean, readily available
and renewable energy source, and the Town intends to accommodate the
use of solar energy systems.
(2)Â
However, the Town Board finds a growing need to properly site solar
energy systems within the boundaries of the Town to protect residential,
business areas and other land uses, to preserve the overall beauty,
nature and character of the Town, 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.
(3)Â
Prior to the adoption of this section, no specific procedures existed
to address the siting of solar energy systems. Accordingly, the Town
Board finds that the promulgation of this section is necessary to
direct the location and construction of these systems.
(4)Â
Solar energy systems need to be regulated for removal when no longer
utilized.
C.Â
Purpose. This section is adopted to advance and protect the public
health, safety and welfare of the Town, including:
(1)Â
Taking advantage of a safe, abundant, renewable, and nonpolluting
energy resource;
(2)Â
Decreasing the cost of energy to owners of commercial and residential
properties, including single-family residences; and
(3)Â
Increasing employment and business development in the region by furthering
the installation of solar energy systems.
D.Â
APPLICANT
BUILDING-INTEGRATED SOLAR ENERGY SYSTEMS
FOOTPRINT OF LARGE-SCALE SOLAR SYSTEM
FOOTPRINT OF MINOR SOLAR ENERGY SYSTEM, GROUND-MOUNTED
GROUND-MOUNTED SOLAR ENERGY SYSTEM
LARGE-SCALE SOLAR ENERGY SYSTEM or SOLAR FARM
MINOR SOLAR ENERGY SYSTEM
ROOFTOP-MOUNTED SOLAR ENERGY SYSTEM
Definitions. As used in this § 247-72, the following terms shall have the meanings indicated:
The person or entity filing an application and seeking an
approval under this section; the owner of a solar energy system or
a proposed solar energy system project; the operator of a 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 terms "applicant" or "owner" or "operator" are
used in this section, said term shall include any person acting as
an applicant, owner or operator.
A solar energy system that is a combination of photovoltaic
building components integrated into any building envelope system,
such as vertical facades, including glass and other facade material,
semitransparent skylight systems, roofing materials, and shading over
windows.
The area usually measured in acres which is located within
a line drawn around the perimeter of the total project. The total
area of all solar panels, areas between panels, all support buildings
and access roads to the panels are included in the footprint. Fencing
around the footprint of the large-scale solar system must be installed,
and all area within that fencing is included in the footprint.
The area which is located within a line drawn around the
perimeter of the total project.
A solar energy system that is affixed to the ground, either
directly or by support structures or other mounting devices.
Any solar energy system that cumulatively on a lot is designed
and intended to supply energy into a utility grid, primarily for sale
to the general public.
Any solar energy system which relies upon solar radiation
as an energy source and distribution of solar energy for electricity
generation or transfer of stored heat, secondary to the use of the
premises.
Any solar energy system that is affixed to the roof of a
building and wholly contained within the limits of the roof surface.
E.Â
Use districts where allowed.
(1)Â
Solar energy systems shall be allowed in zoning districts as follows:
(a)Â
Allowed by right:
[1]Â
Minor solar energy systems, including roof-mounted solar energy
systems and ground-mounted energy systems: allowable in all zoning
districts. In commercial and light industrial zoning districts, roof-
or ground-mounted solar energy systems must be used in conjunction
with the business located on the same parcel as the solar energy system.
(b)Â
Permitted by special use permit:
[1]Â
Large-scale solar energy systems or solar farms: allowable in
CO2 Medium Commercial, LI Light Industrial and SLI Special Light Industrial
Districts only by special use permit.
[2]Â
Large-scale solar energy systems or solar farms are not permitted
by right or by special use permit in the R-1 and R-2 Residential Zoning
Districts and CO1 Light Commercial District.
F.Â
General regulations. The placement, construction, and major modification
of all solar energy systems within the boundaries of the Town shall
be permitted only as follows:
(1)Â
All solar energy systems shall adhere to all applicable federal,
state, county and Town of Pendleton laws, regulations and building,
plumbing, electrical, and fire codes.
(2)Â
Rooftop-mounted and building-integrated solar energy systems upon issuance of a building permit based on the criteria set out in § 247-72G herein.
(3)Â
Ground-mounted solar energy systems upon issuance of a building permit based on the criteria set out at § 247-72I herein.
(4)Â
Large-scale solar energy systems, upon site plan review by the Planning
Board and special use permit approval issued by the Town Board, and
upon issuance of a building permit issued by the Code Enforcement
Officer/Building Inspector, shall be subject to all provisions of
this section.
(5)Â
All solar energy systems existing on the effective date of this section
shall be allowed to continue usage as they presently exist. Routine
maintenance (including replacement with a new system of like construction
and size) shall be permitted on such existing systems. New construction
other than routine maintenance shall comply with the requirements
of this section.
(6)Â
No solar energy system shall hereafter be used, erected, moved, reconstructed,
changed or altered except in conformity with these regulations.
(7)Â
Any applications (including variance applications) pending for solar
energy systems on the effective date of this section shall be subject
to the provisions of this section.
G.Â
Minor solar energy systems.
(1)Â
Rooftop-mounted solar energy systems shall be subject to the following
requirements:
(a)Â
Shall not be more than three feet higher than the finished flat
roof to which it is mounted.
(b)Â
Shall be flush-mounted parallel to the pitched roof surface
and no more than six inches above the surface with an eighteen-inch
clearing at the roof ridge and an eighteen-inch clearing path to the
ridge.
(c)Â
The Code Enforcement Officer/Building Inspector may require,
in his/her sole discretion, at least a three-foot center walkway for
safety access purposes.
(d)Â
The proposed solar installation shall be on the roof of a residential
building or legal accessory structure with a single layer of roof
covering. A waiver may be requested, in writing, from the Code Enforcement
Officer/Building Inspector for an installation on a second layer of
roof covering.
(e)Â
The proposed solar installation shall create a gravity roof
load of no more than five pounds per square foot for a photovoltaic
(PV) system.
(f)Â
All equipment and systems must be in full compliance with all
current National Electrical Code (NEC) and New York State Building
Code requirements.
(g)Â
A professional engineer or registered architect must also certify
the load-bearing and wind load sufficiency of the proposed solar installation.
(h)Â
A new survey is not required, but if the solar energy system
is proposed for an accessory structure on a residential property,
the applicant shall provide an existing survey and demonstrate that
the accessory structure is legal.
(2)Â
Building-integrated 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.
(3)Â
Ground-mounted solar energy systems.
(a)Â
Ground-mounted solar energy systems shall be subject to the
following setback requirements:
(b)Â
The location of said solar energy system shall be only in the
side or rear yard.
(c)Â
The orientation of said solar energy system shall not be pointed
directly at any adjoining residential dwelling.
(d)Â
The height of said solar energy system shall not exceed 15 feet
when oriented at maximum tilt.
(e)Â
The total surface area of said solar energy system on a lot
which is two acres or less shall not exceed 600 square feet.
H.Â
Site plan review requirements for large-scale solar energy systems. Applicants for approval to place, construct, and make a major modification to a large-scale solar energy system within the boundaries of the Town shall be subject to site plan review and approval by the Planning Board under § 247-54, which shall include environmental review under SEQRA and a public hearing. See § 247-54, Site plan review; performance and design standards. In addition to the standard requirements in other articles of Chapter 247, Zoning, the following information shall be contained in the application:
(1)Â
Utility interconnection data and a copy of written notification to
the utility of the proposed interconnection.
(2)Â
One- or three-line electrical diagram detailing the solar energy
system installation, associated components, and electrical interconnection
methods, with all disconnects and overcurrent devices.
(3)Â
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.
(4)Â
Property lot lines and the location and dimensions of all existing
structures and uses on-site within 500 feet of the solar panels.
(5)Â
Proposed fencing and/or screening for said project.
(6)Â
The footprint of the large-scale solar system, outlined in accordance with the definition of "footprint" found in § 247-72D, Definitions, must be provided. A calculation determining total acreage within the footprint must also be provided.
(7)Â
A decommissioning plan to ensure the proper removal of large-scale
solar energy systems is to be submitted to the Building Department
for approval and must specify that after the large-scale solar energy
system is no longer in use (as determined by the owner/operator or
the Code Enforcement Officer/Building Inspector), it shall be removed
by the applicant or any subsequent owner. The plan shall demonstrate
how the removal of all infrastructure and restoration shall be conducted
to return the parcel to its original state prior to construction.
The plan shall also include an expected time line for execution and
a cost estimate for decommissioning prepared by a professional engineer
or qualified contractor. Cost estimates shall take inflation into
consideration and be revised every five years during operation of
the system. Removal of the large-scale solar energy system must be
completed in accordance with the approved decommissioning plan and
the standards provided as follows:
(a)Â
All structures and foundations associated with the large-scale
solar energy systems shall be removed to a depth of 36 inches;
(b)Â
All disturbed ground surfaces shall be restored to original
conditions, including topsoil and seeding as necessary;
(c)Â
All electrical systems shall be properly disconnected, and all
cables and wiring buried less than 36 inches in depth shall be removed;
and
(d)Â
A bond or other approved security shall be provided to cover
the cost of removal and restoration of the area impacted by the solar
energy system. Security shall be in an amount equal to 150% of the
construction estimate as presented in the approved decommissioning
plan.
I.Â
Large-scale solar energy system design criteria.
(1)Â
Design of large-scale solar energy systems shall meet the following
conditions:
(a)Â
Setbacks. Any utility-scale solar energy system shall adhere
to the following setbacks:
[1]Â
A minimum of 200 feet from any property lot line.
[2]Â
A minimum of 250 feet from any building or structure on any
adjacent lot.
[3]Â
A minimum of 500 feet from any dwelling.
[4]Â
A minimum of 200 feet from any public road or railroad (measured
from the road right-of-way or property line).
[5]Â
A minimum of 750 feet from all property lot lines bordering
a school or public park.
(b)Â
Maximum overall height. The height of a large-scale solar energy
system shall not exceed 20 feet when oriented at maximum tilt.
(c)Â
Number of large-scale solar energy systems allowed per lot.
There shall be allowed only one large-scale solar energy system per
lot.
[1]Â
Minimum lot area shall be 15 acres.
[2]Â
Maximum lot area shall be 100 acres.
[3]Â
The large-scale solar energy system proposed to be located in the CO2 Medium Commercial, LI Light Industrial or SLI Special Light Industrial Zoning District shall be subject to a maximum lot coverage area of 25% of the total acreage of property owned or leased on which proposed solar energy system is located, as calculated per the definition of "footprint" found in § 247-72D of this article.
(d)Â
All structures and devices used to support solar collectors
shall be nonreflective and/or painted a subtle or earth-tone color.
(e)Â
All transmission lines and wiring associated with a large-scale
solar energy system shall be buried 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 other electrical components for the project on
the site plan.
(2)Â
After completion of a large-scale solar energy system, the applicant
shall provide to the Code Enforcement Officer/Building Inspector 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.
(3)Â
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 large-scale solar energy system.
(4)Â
Security fencing. Fencing around the footprint of the large-scale
solar energy system must be installed, and all area within that fencing
is included in the footprint.
J.Â
Maintenance, procedures, fees.
(1)Â
Removal. All solar energy systems shall be dismantled and removed
immediately from a lot when the solar energy system has been deemed
inoperative or abandoned by the Code Enforcement Officer/Building
Inspector for a period of more than 365 days at the cost of the owner.
If the owner does not dismantle and remove said solar energy system
as required, the Town Board may, after a hearing at which the owner
shall be given an opportunity to be heard and present evidence, dismantle
and remove said facility and place the cost of removal to the security
assigned to the project.
(2)Â
Determination of abandonment or inoperability. A determination of
the abandonment or inoperability of a solar energy system shall be
made by the Code Enforcement Officer/Building Inspector, who shall
provide the owner with written notice by personal service or certified
mail. Any appeal by the owner of the Code Enforcement Officer/Building
Inspector's determination of abandonment or inoperability shall
be filed with the Zoning Board of Appeals within 30 days of the Code
Enforcement Officer/Building Inspector causing personal service or
mailing, certified mail, his written determination, and the Board
shall hold a hearing on same. The filing of an appeal does not stay
the following time frame unless the Zoning Board of Appeals or a court
of competent jurisdiction grants a stay or reverses said determination.
At the earlier of the 366 days from the date of determination of abandonment
or inoperability without reactivation or upon completion of dismantling
and removal, any approvals for the solar energy system shall automatically
expire.
(3)Â
Special use permit. A special use permit issued by the Town Board
is required upon approval of the site plan and is subject to an annual
review by the Town Board to ensure that all provisions listed herein
are being adhered to. The Town Board will have discretion to revoke
the special use permit due to noncompliance and establish a time frame
to correct the violation/violations.
(4)Â
Any changes or alterations post-construction to a large-scale energy
system shall be done only by application to amend the site plan approval,
subject to all requirements of this code.
K.Â
Application and annual fees. The fee for a large-scale solar energy
system shall be as described in the Town of Pendleton Fee Schedule,
adopted by the Town Board by resolution, as may be amended from time
to time.
L.Â
Interpretation; conflict with other laws. In their interpretation
and application, the provisions of this section 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 section 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.
M.Â
Severability. If any section, subsection, phrase, sentence, or other
portion of this section 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.