[Added 6-7-2017 by L.L. No. 2-2017]
A. Purpose: The purpose of the Solar Energy Systems Overlay District is to accommodate solar energy systems in appropriate locations within the Town to facilitate the development of solar energy.
B. SESO requirements: Where the Solar Energy Systems Overlay District zoning has been established, the requirements of the Solar Energy Systems Overlay District shall be in addition to any requirements specified in the underlying district.
C. Exemption from SESO requirements: The requirements of the Solar Energy Systems Overlay District shall not apply to those uses which are already permitted in the underlying district nor to the following:
(1) Roof-mounted and building-integrated solar energy systems are permitted in all zoning districts in the Town when attached to any lawfully permitted building or structure. Building permits shall be required for installation of roof-mounted and building-integrated mounted solar energy systems.
(2) Ground-mounted SES are permitted as accessory structures in all zoning districts of the Town, subject to all requirements applicable to accessory structures in such zoning district. Building permits shall be required.
(3) SES and other facilities shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties and roads.
(4) Where site plan approval is required elsewhere in the regulations of the Town for a development or activity, the site plan review shall include review of the adequacy, location, arrangement, size, design, and general site compatibility of proposed solar collectors.
(5) All SES installations must be performed in accordance with applicable electrical and building codes, the manufacturer's installation instructions, and industry standards, and prior to operation the electrical connections must be inspected by the Town Code Enforcement Officer or by an appropriate electrical inspection person or agency, as determined by the Town. In addition, any connection to the public utility grid must be inspected by the appropriate public utility.
(6) When solar storage batteries are included as part of the SES, they must be placed in a secure container or enclosure meeting the requirements of the New York State Building Code when in use and when no longer used shall be disposed of in accordance with the laws and regulations of Monroe County and other applicable laws and regulations.
(7) If a SES ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the SES, mount and associated equipment and facilities no later than 90 days after the end of the twelve-month period.
D. Rezoning procedure. The process necessary to create a Solar Energy Systems Overlay District shall be as follows:
(1) Concept site plan. Prior to the submission of any application for rezoning by the Town Board, the applicant shall submit a concept site plan, as described below, to the Town Planning Board for its review and recommendation on the rezoning.
(2) Rezoning application. Any application for rezoning shall be submitted to the Town Board and it shall contain the following information:
(a) The report of the Town Planning Board resulting from the aforesaid concept site plan and rezoning review.
(b) The concept site plan. For purposes of this section, a "concept site plan" is a map, drawn to scale, prepared by a licensed engineer or architect, which graphically depicts proposed improvements to the property, including topographical features, system footprints, travelways, access locations, drainage facilities, lighting, landscaping, buffering, fencing, and signs. Said concept plan shall also depict existing improvements and contain all information required by Article
IX, Site Plan Approval, and shall be in accordance with the design and construction standards of the Town of Riga.
(c) Proof of ownership of the land proposed for rezoning.
(d) A description of the property, including a metes and bounds description of the parcel.
(e) A letter of intent which states the land's present use and the type of solar energy system proposed for the land.
(f) A completed long form of the environmental assessment form (EAF).
(g) A statement as to the present underlying zoning district and proposed zoning as a Solar Energy Systems Overlay District.
(h) Present land use and proposed future land use. Present land use of lots abutting the proposed SES.
(i) Two copies of an application to rezone the land. Submit the original application to the Town Clerk and give a copy to the Town Supervisor.
(j) The procedure for rezoning to be used shall be that set forth in Article 16, § 264, of the New York State Town Law.
(3) SESO rezoning conditions. All SESO zoning, prior to being placed on the Town of Riga Zoning Map, shall be conditioned upon the applicant obtaining:
(a) The approval of the Town Board creating the Solar Energy Systems Overlay District on the property. Said review shall include a public hearing for rezoning approval in accordance with the provisions of § 264 of the New York State Town Law.
(b) Site plan approval from the Planning Board. Said review shall include a public hearing for site plan approval in accordance with the provisions of § 276, Subdivision 4, of the New York State Town Law.
(c) Special use permit approval from the Planning Board. Said review shall include a public hearing for special use permit approval in accordance with the provisions of § 274-b of the New York State Town Law.
E. Permitted underlying district. Any zoning district of the Town where SES are not a permitted use are eligible for consideration for SESO rezoning.
F. Permitted principal uses. The following principal uses are permitted in the Solar Energy Systems Overlay District:
(1) Any use permitted in the underlying district.
G. Permitted accessory uses. The following accessory uses shall be permitted in the Solar Energy Systems Overlay District:
(1) Customary accessory uses and buildings.
H. Special uses. The following uses are
permitted in the Solar Energy Systems Overlay District subject to the issuance of a special use
permit by the Planning Board pursuant to Article
VII:
I. Prohibiting uses. None of the following uses, or accessory uses, shall be allowed within the Solar Energy Systems Overlay District:
(1) Any other use not specifically authorized pursuant to the provisions of this chapter or the provisions of the underlying district.
J. Development standards. The following minimum standards shall apply for uses located in the Solar Energy Systems Overlay District, unless a more restrictive requirement is stated elsewhere in this chapter, or is imposed by a condition of approval:
(1) A large-scale SES shall be constructed pursuant to a site plan approval from the Town Planning Board and must meet the criteria set forth below and obtain all other necessary approvals.
(2) Areas of potential sensitivity:
(a) One-hundred-year flood hazard zones.
(b) Historic and/or culturally significant resources.
(c) Within 100 feet landward of a freshwater wetland.
(3) A large-scale SES may be permitted in all zoning districts in the Town when authorized by site plan approval from the Planning Board subject to the following terms and conditions:
(a) The total coverage of all buildings and structures on a lot, including ground-mounted SES, shall not exceed 50%.
(b) Height and setback restrictions.
(c) The maximum height for ground-mounted SES panels located on the ground or attached to a framework located on the ground shall not exceed 15 feet in height above the ground.
(d) The minimum setback from property lines shall be 25 feet.
(e) A landscaped buffer shall be provided around all equipment and SES to provide screening from adjacent residential properties and roads.
(f) Prior to the issuance of a special use permit for a large scale solar energy system, the Planning Board shall determine if a bond will be required to be issued in the name of the Town of Riga at the expense of the applicant to cover the cost of decommissioning the large-scale solar energy system should the need arise. The amount of the bond shall be determined by the Planning Board after consultation with the Town Attorney and the Town Engineer.
(4) Design standards.
(a) Removal of trees and other existing vegetation should be minimized or offset with planting elsewhere on the property.
(b) Roadways within the site shall not be constructed of impervious materials and shall be designed to minimize the extent of roadways constructed and soil compaction.
(c) All on-site utility and transmission lines shall, to the extent feasible, be placed underground.
(d) SES and other facilities shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties and roads.
(e) All mechanical equipment, including any structure for batteries or storage cells, shall be enclosed by a minimum six-foot-high fence with a self-locking gate and provided with landscape screening.
(f) A solar energy system to be connected to the utility grid shall provide a "proof of concept" letter from the utility company acknowledging the SES will be connected to the utility grid in order to sell electricity to the public utility.
(5) Signs.
(a) A sign not to exceed eight square feet shall be displayed on or near the main access point and shall list the facility name, owner and/or operator, and phone number.
(b) A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.
(6) Abandonment.
(a) All applications for a solar energy system shall be accompanied by a decommissioning plan to be implemented upon abandonment, or cessation of activity, or in conjunction with removal of the facility, prior to issuance of a building permit.
(b) If the applicant begins but does not complete construction of the project within 18 months after receiving final site plan approval, this may be deemed abandonment of the project and require implementation of the decommissioning plan to the extent applicable.
(c) The decommissioning plan must ensure the site will be restored to a useful, nonhazardous condition without delay, including, but not limited to, the following:
[1] Removal of above-ground and below-ground equipment, structures and foundations.
[2] Restoration of the surface grade and soil after removal of equipment.
[3] Revegetation of restored soil areas with native seed mixes, excluding any invasive species.
[4] The plan shall include a time frame for the completion of site restoration work.
[5] In the event the facility is not completed and functioning within 18 months of the issuance of the final site plan approval, the Town may notify the operator and/or the owner to complete construction and installation of the facility within 180 days. If the owner and/or operator fails to perform, the Town may notify the owner and/or operator to implement the decommissioning plan. The decommissioning plan must be completed within 180 days of notification by the Town.
[6] Upon cessation of activity of a constructed facility for a period of one year, the Town may notify the owner and/or operator of the facility to implement the decommissioning plan. Within 180 days of notice being served, the owner and/or operator can either restore operation equal to 80% of approved capacity or implement the decommissioning plan.
[7] If the owner/operator fails to fully implement the decommissioning plan within the one-hundred-eighty-day time period the Town may at its discretion provide for the restoration of the site in accordance with the decommissioning plan and may recover all expenses incurred for such activities from the decommissioning bond referenced in Subsection (J)(3)(f).
(7) Enforcement. Any violation of this solar energy section shall be subject to the same civil and criminal penalties provided for in the zoning regulations of the Town of Riga.
(8) Severability. The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision or phrase of the aforementioned sections as declared by the valid judgement of any court or competent jurisdiction to be unconstitutional shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision or phrase, which shall remain in full force and effect.