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HomeMy WebLinkAboutLL 09 of 2016 Provisions Related to Solar FacilitiesSTATE OF NEW YORK DEPARTMENT OF STATE One Commerce Plaza 99 Washington Avenue Albany, NY 12231-0001 WWW.DOS.NY.GOV Andrew M. Cuomo Governor ROSSANA Rosado Secretary of State November T4, 2016 Debra DeAugistine Deputy Town Clerk 215 N. Tioga Street Ithaca NY 14850 RE: Town of Ithaca, Local Law 9 2016, filed on November 14, 2016 Dear Sir/Madam: The above referenced material was filed by this office as indicated. Additional local law filing forms can be obtained from our website, www.dos.nv.aov. Sincerely, State Records and Law Bureau (518)473-2492 NEWYORK STATE OF OPPORTUNITY. Department of State Local Law Filing New York State Department of State Division of Corporations, State Records and Uniform Commercial Code One Commerce Plaza, 99 Washington Avenue Albany, NY 12231-0001 www.dos.state.ny.us/corps (Use this form to file a local law with the Secretary of State.) Text of law should be given as amended. Do not include matter being eliminated and do not use italics or underlining to indicate new matter. □County GOity (Select one:) of Ithaca ^Town □Village Local Law No. 9 of the year 2013 A local law Town of Ithaca Code, Chapter 270 Entitled "Zoning," to Revise (Insert Title) Provisions Related to Solar Facilities Be it enacted by the Town Board of the (Name of Legislative Body) □County □City □Town □Viliage (Select one:) of Ithaca as follows: See attached. (If additional space is needed, attach pages the same size as this sheet, and number each.) DOS-0239-f-l (Rev. 06/12)Page 2 of 4 (Complete the certification in the paragraph that applies to the filing of this local law and strike out that which is not applicable.) 1. (Final adoption by local legislative body only.) I hereby certify that the local law annexed hereto, designated as local law No. r of 202^ of the (County)(Clty)(Town)(Vlllage) of was duly passed by the Town Board on October 7 2016 in accordance with the applicable (Name of Legislative Body) provisions of law. 2. (Passage by local legislative body with approvai, no disapproval or repassage after disapproval by the Elective Chief Executive Officer*.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(Clty)(Town)(Vlllage) of was duly passed by the on 20 and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the and was deemed duly adopted (Eiective Chief Executive Officer*) on 20l I I. In accordance w Ith the applicable provisions of law. 3. (Final adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(Clty)(Town)(Vlllage) of was duly passed by the on 20 . and was (approved)(not approved) (Name of Legisiative Body) (repassed after disapproval) by the on 20 . (Elective Chief Executive Officer*) Such local law was submitted to the people by reason of a (mandatory)(permlsslve) referendum, and received the affirmative vote of a majority of the qualified electors voting thereon at the (general)(speclal)(annual) election held on 20 , In accordance with the applicable provisions of law. 4. (Subject to permissive referendum and finai adoption because no valid petition was filed requesting referendum.) I hereby certify that the local law annexed hereto, designated as local law No. of 20 of the (County)(Clty)(Town)(Vlllage) of was duly passed by the on 20 , and was (approved)(not approved) (Name of Legislative Body) (repassed after disapproval) by the on 20 Such local (Elective Chief Executive Officer*) law was subject to permissive referendum and no valid petition requesting such referendum was filed as of 20 , In accordance with the applicable provisions of law. A * Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances. DOS-0239-f-l (Rev. 06/12) Page 3 of 4 5. (City local law concerning Charter revision proposed by petition.) hereby certify that the local law annexed hereto, designated as local law No of 20 of le City of having been submitted to referendum pursuant to the provisions of section (36)(37) of le Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting thereon at the (special)(general) election held on 20 , became operative. 6. (County local law concerning adoption of Charter.) I hereby certify that the local law annexed hereto, designated as local law No of 20 of the County of State of New York, having been submitted to the electors at the General Election of November 20 pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit voting at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) I further certify that I have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law^^nd was finally adoptedJn-4h^ manner>^indicated in paragraph J above. , Ijerk of tne county legislative bd3y, City.Y^n or Village Clerk or onjcer designated by local legislative (bodynated by local legislativeoody ) (Sea!) Date:iDoAJ. l ) >. DOS-0239-f-l (Rev. 06/12) Page 4 of 4 Adopted November 7, 2016 pg 1 TOWN OF ITHACA LOCAL LAW NO. 9 OF THE YEAR 2016 A LOCAL LAW AMENDING THE TOWN OF ITHACA CODE, CHAPTER 270 ENTITLED “ZONING,” TO REVISE PROVISIONS RELATED TO SOLAR FACILITIES Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 270, entitled “Zoning,” of the Town of Ithaca Code, Article III, entitled “Terminology,” is amended by adding the following definitions to Section 270-5, entitled “Definitions”: PHOTOVOLTAIC SOLAR ENERGY SYSTEM – A solar energy system that converts solar energy directly into electricity using photovoltaic cells. SOLAR FACILITY FOOTPRINT -- the maximum occupied surface area taken up by the rows of solar panels and the space between the rows. SOLAR-THERMAL ENERGY SYSTEMS -- solar energy systems that directly heat water or other liquid using sunlight. The heated liquid is used for such purposes as space heating and cooling, domestic hot water, and the heating of pool water. Section 2. Chapter 270, entitled “Zoning,” of the Town of Ithaca Code, Article XXVI, entitled “Special Regulations,” is amended by deleting Section 270-219.1, entitled “Solar collectors and installations,” and replacing it with the following: “§ 270-219.1 Solar energy systems. A. Purpose. The purpose of this chapter is to facilitate the development and operation of renewable energy systems based on sunlight, because it is in the public interest to provide for and encourage renewable energy systems and a sustainable quality of life, in accordance with the Town of Ithaca Comprehensive Plan. Solar energy systems are appropriate in all zoning districts when measures are taken, as provided in this section, to minimize adverse impacts on neighboring properties and protect the public health, safety and welfare. B. Applicability. (1) The requirements of this section shall apply to all solar energy systems modified or installed after the effective date of this section. (2) Solar energy systems are permitted in all Town zones, including Planned Development Zones, subject to the requirements described below. C. General Requirements. (1) Building Permits: are required for all solar energy systems. Adopted November 7, 2016 pg 2 (2) The setbacks and approval required for each type of solar energy system, are summarized in Table x below, titled “Setback and Yard Requirements for Ground-Mounted Solar Energy Systems,” and are further described below. (3) Qualified Installer: All solar energy installations must be performed by a qualified solar installer, and prior to issuance of a Certificate of Compliance, must be inspected by a 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 approved by the appropriate public utility. (4) Storage Batteries: When solar storage batteries are included as part of the solar energy system, 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 Tompkins County and other applicable laws and regulations. (5) For purposes of this Section 270-219.1, a photovoltaic solar energy system use is an accessory use on a parcel if it is designed for a use primarily on the parcel. (6) In the event of inconsistency between the provisions in this Section 270-219.1 and other provisions in Chapter 270 or Chapter 271 (such as setback or height requirements), the provisions in Section 270-219.1 shall govern. D. Rooftop and Building-Mounted Photovoltaic Solar Energy Systems. The following standards are applicable to rooftop and building-mounted photovoltaic solar energy systems: (1) Permitted in all zones. (2) No size thresholds, except as limited by the New York State Uniform Fire Prevention and Building Code. (3) No site plan approval is required; changes to, or the addition of, rooftop or building-mounted photovoltaic solar energy systems will not trigger site plan modification requirements. E. Solar-Thermal Energy Systems (Rooftop, Building-Mounted and Ground Mounted). In addition to the standards in section F below, the following standards are applicable to solar-thermal energy systems: (1) Permitted in all zones as an accessory use. (2) No size thresholds, except as limited by the New York State Uniform Fire Prevention and Building Code. (3) Setbacks for ground mounted solar-thermal energy systems shall be the same as those listed in Subsection G below for ground mounted photovoltaic solar energy systems. (4) No lot coverage standards apply. (5) No site plan approval is required; changes to, or the addition of, solar-thermal energy systems will not trigger site plan modification requirements. Adopted November 7, 2016 pg 3 (6) Safety. No roof-mounted solar-thermal energy system shall be located in a manner that would cause the shedding of ice or snow from the roof into an open porch, stairwell or pedestrian travel area. F. Standards Applicable To All Ground Mounted Photovoltaic and Ground Mounted Solar-Thermal Energy Systems. (1) Height: the maximum height for all ground mounted systems is 25 feet when system is oriented at maximum tilt. (2) Installation of solar energy systems are prohibited in: (a) required open space, (b) required buffers, or (c) park set-aside areas required as a condition of subdivision approval. (3) Maintenance: The owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, structural repairs and integrity of security measures. (4) Abandonment: If a solar energy system ceases to perform its originally intended function for more than 12 consecutive months, the property owner shall remove the collectors, plates, piping, mounts and associated equipment and facilities by no later than 150 days after the end of the twelve-month period. (5) Solar energy systems may be built across common lot lines by mutual agreement among all property owners. Mutual easements allowing such systems are required where lot ownership is not identical. Solar energy systems that are built across common lot lines may be a principal use on one or more lots, and/or an accessory use on one or more lots, provided that the use is allowed in the relevant zone. G. Additional Standards for Ground Mounted Photovoltaic Solar Energy Systems. (1) Ground mounted photovoltaic systems are divided into 3 size categories, as follows: (a) Small Scale Ground Mounted Photovoltaic System: have a total solar facility footprint of 2,000 square feet or less. (b) Medium Scale Ground Mounted Photovoltaic System: have a total solar facility footprint of more than 2,000 square feet and less than 7,000 square feet. (c) Large Scale Ground Mounted Photovoltaic System: have a total solar facility footprint greater than 7,000 square feet. (2) Standards Applicable To Ground Mounted Photovoltaic Systems Based on Scale Size: (a) Small Scale Photovoltaic Solar Energy System Standards: [1] Permitted in all zones as principal and accessory uses. [2] Setbacks (measured from the lot line to the closest part of the photovoltaic solar energy system): [i] 10 feet minimum from side and rear yard lot lines. Adopted November 7, 2016 pg 4 [ii] Minimum setback from front lot line equals the maximum number of feet for required front yards in the zone, except in Light Industrial, Industrial and Planned Development Zones. [iii] In Light Industrial, Industrial and Planned Development Zones, minimum setback from front lot line is 50 feet. [3] Lot coverage: The solar facility footprint of the system, when combined with all other buildings and structures on the lot, shall not exceed 120% of the maximum lot coverage, building area, and yard occupancy requirements for the zone. [4] Site plan review: Not required, unless the photovoltaic solar energy system is part of an overall new development plan or modification of an existing plan that otherwise triggers site plan review. (b) Medium Scale Photovoltaic Solar Energy System Standards: [1] Permitted Use: [i] Accessory use in the following zones: Medium Density Residential, High Density Residential, Mobile Home Park, Multiple Residence, Conservation, Neighborhood Commercial, Community Commercial, and Planned Development Zones. [ii] Principal and accessory uses in the following zones: Agricultural, Low Density Residential, Light Industrial, Industrial, and Office Park Commercial Zones. [2] Setbacks (measured from the lot line to the closest part of the photovoltaic solar energy system): [i] 60 feet minimum from a lot line (except a front lot line) that abuts property in any zone except a commercial or industrial zone. [ii] 30 feet minimum from a lot line (except a front lot line) that abuts property in a commercial or industrial zone. [iii] Minimum setback from front lot line equals the maximum number of feet for required front yards in the zone, except in Light Industrial and Industrial Zones. [iv] In Light Industrial, Industrial and Planned Development Zones, minimum setback from front lot line is 50 feet. [3] Lot coverage: The solar facility footprint of the system, when combined with all other buildings and structures on the lot, shall not exceed 120% of the maximum lot coverage, building area, and yard occupancy requirements for the zone. [4] Site plan review: [i] Required in Low Density Residential, Medium Density Residential, and High Density Residential Zones. Adopted November 7, 2016 pg 5 [ii] In other zones, not required unless the photovoltaic solar energy system is part of an overall new development plan or modification of an existing plan that would require site plan review even if the photovoltaic solar energy system were not part of the plan. [5] Design Standards: [i] Fencing: When fencing is installed, barbed wire shall not be utilized. [ii] Glare: Photovoltaic solar energy systems and other facilities shall be designed and located in order to minimize reflective glare toward roads or any habitable or occupiable building on adjacent properties. (c) Large Scale Photovoltaic Solar Energy System Standards: [1] Permitted use: [i] Principal and accessory uses in the following zones: Agricultural, Low Density Residential, Office Park Commercial, Light Industrial, Industrial, and Planned Development Zones. [ii] Accessory use only in the following zone: Medium Density Residential Zone. [2] Setbacks (measured from the lot line to the closest part of the photovoltaic solar energy system): [i] 75 feet minimum from a lot line (except from a front lot line) that abuts property in any zone except a commercial or industrial zone. [ii] 40 feet minimum from a lot line (except from a front lot line) that abuts property in a commercial or industrial zone. [iii] Minimum setback from front lot line equals the maximum number of feet for required front yards in the zone, except in Light Industrial and Industrial Zones. [iv] In Light Industrial, Industrial and Planned Development Zones, minimum setback from front lot line is 50 feet. [v] Roads, landscaping and fencing may occur within the setback. [3] Maximum footprint and lot coverage: The maximum solar facility footprint of a system is ten acres. The coverage of photovoltaic solar energy systems shall not count in the computation of lot coverage, building area, and yard occupancy. [4] Site plan review is required prior to construction, installation or modification. In addition to the requirement for site plan review per Town Code § 270-186, the following additional information is required to be submitted as part of the site plan application: [i] Utility Notification: Submission of documentation from the utility company that operates the electrical grid where the installation is to be located acknowledging the photovoltaic solar energy systems will be connected to the utility grid. Off-grid systems shall be exempt from this requirement. [ii] Safety: The owner/operator shall provide evidence that a copy of the site plan application has been submitted to the appropriate Fire Chief (Ithaca Fire Department or Cayuga Heights). All means of shutting down the photovoltaic solar Adopted November 7, 2016 pg 6 energy system shall be clearly marked on the site plan and building permit applications. [iii] Operation & Maintenance Plan: Submission of a plan for the operation and maintenance of the facility, to include measures for maintaining safe access, operational maintenance of the photovoltaic solar energy system, and general property upkeep, such as mowing and trimming. [iv] Decommissioning Plan: Submission of a decommissioning plan to be implemented upon abandonment, or cessation of activity, or in conjunction with removal of the facility to ensure that the site will be restored to a useful, and nonhazardous condition, with a time frame provided for the completion of the work. [5] Design Standards: [i] Fencing: a) Barbed wire shall not be utilized. b) When fencing will enclose the perimeter of the site or facility, wildlife friendly fencing that allows the passage of small mammals and reptiles and is designed to minimize wildlife injury and death due to entanglement or strangulation shall be used on sites having a solar facility footprint greater than 5 acres. Exceptions can be made by the Planning Board for sites that are not in rural locations and have limited surrounding wildlife habitat. [ii] Vegetation Clearing: Removal of trees and other existing vegetation shall be limited to what is necessary for the construction, operation and maintenance of the photovoltaic solar energy system. [iii] Glare: Photovoltaic solar energy systems shall be designed and located in order to minimize reflective glare toward roads and any inhabited building on adjacent properties. [iv] Roads: Roadways within the site shall be designed to minimize the width and extent of roadway construction and soil compaction. [v] Screening/buffering: Based on site specific conditions, including topography, adjacent structures, and roadways, reasonable efforts shall be made to minimize visual impacts by preserving natural vegetation, and providing landscape screening to abutting residential properties and roads, but should not result in shading photovoltaic solar energy systems. [vi] Lighting: All lighting on the site related to the photovoltaic solar energy system shall comply with the Town’s Outdoor Lighting Law and be limited to that required for safety and operational purposes. [vii] Signage: All signage shall comply with the Town’s Sign Law. A sign shall be displayed on or near the main access point identifying the owner and providing a 24-hour emergency contact phone number. Adopted November 7, 2016 pg 7 [viii] Utility Connections: Reasonable efforts shall be made to place all utility lines from the photovoltaic solar energy system underground, depending on appropriate soil conditions, shape and topography of the site, financial feasibility, and any requirements of the utility provider. [6] Decommissioning: [i] In the event the photovoltaic solar energy system is not completed and functioning within 18 months of the issuance of the initial building permit, the Town may notify the operator and/or owner to complete construction and installation of the facility within 180 days of the date of notification. If the owner and/or operator fail to perform, the Town may notify the owner and/or operator to implement the decommissioning plan. [ii] If a photovoltaic solar energy system ceases to perform its originally intended function for more than 12 consecutive months, the owner and/or operator shall implement the decommissioning plan to include, but not be limited to: a) Removal of above-ground and below-ground equipment, structures and foundations. b) Restoration of the surface grade and soil after removal of equipment. c) Revegetation of restored soil areas with native seed mixes, excluding any invasive species. [iii] If the owner and/or operator fails to fully implement the decommissioning plan within 180 days, then in addition to other remedies provided by this article or chapter, by New York Town Law §268, or by law or equity, the Town may utilize the following procedure to remove a photovoltaic solar energy system and/or implement a decommissioning plan: a) The Code Enforcement Officer may order removal of such photovoltaic solar energy system and/or implementation of the decommissioning plan by written notice to the owner or person, company or other entity having control of the system, or to the owner of the lot on which such system is located. The notice shall set forth a deadline by which such removal and/or plan implementation must be completed. Said notice shall further advise that, should the violator fail to so act within the established deadline, the removal and/or plan implementation may be performed by a designated governmental agency or a contractor, with the expense thereof to be charged to the violator and/or to become a lien against the premises. b) If the photovoltaic solar energy system is not removed and/or the actions in the decommissioning plan are not completed within the period set forth in the Town’s notice or Town Board’s decision after any appeal thereof pursuant to subsection d below, the Town may enter the premises to remove the system, cause the removal to be performed, and/or implement the decommissioning plan. The Town’s entry onto such premises shall be pursuant to an agreement Adopted November 7, 2016 pg 8 between the Town and landowner. If no agreement exists or can be obtained in a timely manner, the Town may seek a warrant from a court of competent jurisdiction for access to the premises and/or may seek a court order requiring or authorizing all actions reasonably necessary to remove the system and/or implement the decommissioning plan, with the costs of such actions the sole responsibility of the violator. c) The Town shall present the landowner with a bill for all costs and expenses incurred by the Town in connection with the photovoltaic solar energy system removal and/or decommissioning plan implementation. If the landowner shall fail to pay such costs and expenses within 15 days after the demand for same, or within 30 days of the final decision on any administrative or judicial contest the landowner may pursue, then such unpaid costs, expenses and interest (at the statutory interest rate for money judgments in New York State courts) incurred from the date of the system removal and/or completion of the decommissioning plan shall constitute a lien upon the land on which such removal was undertaken. A legal action or proceeding may be brought to collect such costs, expenses, interest, and recoverable attorney’s fees, or to foreclose such lien. As an alternative to the maintenance of any such action, the Town may file a certificate with the Tompkins County Department of Assessment stating the costs and expenses incurred and interest accruing as aforesaid, together with a statement identifying the property and landowner. The Tompkins County Department of Assessment shall in the preparation of the next assessment roll assess such unpaid costs, expenses and interest upon such property. Such amount shall be included as a special ad valorem levy (administered as a move tax) against such property, shall constitute a lien, and shall be collected and enforced in the same manner, by the same proceedings, at the same time, and under the same penalties as are provided by law for collection and enforcement of real property taxes in the Town of Ithaca. The assessment of such costs, expenses and interest shall be effective even if the property would otherwise be exempt from real estate taxation. d) Appeals of notices and Town bills. Any person receiving a notice to remove a photovoltaic solar energy system and/or implement a decommissioning plan, or a bill for Town costs and expenses, may appeal to the Town Board by, within 15 days of receipt of such notice or bill, delivering to the Town Clerk at the Town offices an Appeal requesting a reconsideration and administrative hearing before the Town Board. Such Appeal shall state the basis for the request for reconsideration and shall be accompanied by any supporting materials. Failure to serve such an Appeal within 15 days shall be deemed a waiver of any claim or defense that the notice or bill is not justified, and the violator shall comply with the requirements of the notice or pay the bill. If the Appeal is timely filed, the Town Board shall, within 40 days of the filing, hold a hearing and, based upon any relevant materials presented by the Town and the appellant, shall issue a resolution deciding the Appeal within 30 days after the hearing. Such resolution shall be filed with the Town Clerk, who shall arrange for delivery of a copy of the decision to the appellant within 5 days after such filing, at the address for such person designated in the Appeal or at such other address as the appellant may Adopted November 7, 2016 pg 9 thereafter designate in writing to the Town Clerk. The Town Board’s decision after the hearing shall constitute a final agency action.” Section 3. If any provision of this local law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law, which shall remain in full force and effect. Section 4. This local law shall take effect immediately upon its filing with the New York Secretary of State.