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HomeMy WebLinkAboutNorbut Solar Approval Standards Review Norbut Solar Farm Applegate Road Submission Review A. Solar Permit Application Requirements for a Solar Permit. The site plan application process under the Site Plan Law is to be used as supplemented by the following provisions: 1) If the project is to be located upon lands owned by a third party, then proof of appropriate rights of use for the project duration shall be submitted in their full and complete form, whether they are licenses, easements, leases or other rights in title or estates in land. (a) Applicant has made purchase offer to buy property, verbal confirmation by JRB Partners LLC current owner. (b) Approval conditioned on purchase of Property 2) Site Plans showing the layout of the Solar Energy System signed by a registered professional engineer licensed in the State of New York. The Town reserves the right to have an applicant’s engineering drawings, opinions, or conclusions reviewed by an engineer hired by the Town, the cost of which shall be reimbursed by the applicant. (a) Site Plans have been prepared By LaBella Associates (b) Approval Conditioned on Final Site Plans submitted with PE signed stamp. 3) The equipment specification sheets shall be documented and submitted for all significant components, including but not limited to, photovoltaic panels, mounting systems, and inverters that are to be installed. (a) A101 Master plan listed proposed compoments 4) A Property Operation and Maintenance Plan shall be submitted. Such plan shall describe continuing photovoltaic maintenance and property upkeep, such as mowing and trimming. No chemical herbicides or pesticides shall be used in the project. (a) Operation and Maintenance plan discussed by applicant during meeting. (b) Condition of approval 5) Projected production plans showing the annual amount of energy that will be generated and transmitted for each one year period during the life of the project. (a) Condition of approval 6) A glare assessment survey and a complaint and mitigation plan reasonably acceptable to the Planning Board to address glare on other parcels of land on an ongoing basis during the life of the project. (a) Assessment completed (b) Minimal glare at Johnnie’s Wholesale and 1 residence on property at 6 am for 10 -15 minutes during summer months 7) A Decommissioning Plan shall be submitted. See Abandonment and Decommissioning in Section 7.B. (a) Submitted 8) A general complaint plan, with a procedure for determining mitigation, that is reasonably acceptable to the Planning Board shall be submitted. (a) Discussed during meeting (b) Written plan Condition of approval 9) No Solar Permit may be transferred to a new owner and/or operator of a Large- Scale Solar Energy System without the prior approval of the Planning Board. Such approval shall be conditioned upon a written assumption by the new owner and/or operator of any and all requirements imposed upon the original owner and/or operator, including, without limitation, evidence that the new owner and/or operator has either assumed the existing financial surety required under Section 7.B. or has secured an equivalent financial surety, reasonably acceptable to the Town Board, in its place. Failure to comply with these requirements will be deemed an abandonment of the Large-Scale Solar Energy System pursuant to Section 7,B. shall be subject to the terms and provisions of Section 7.B. as such. (a) Applicant intends to own and operate facility B. Solar Permit Standards. 1) Height. Large-Scale Solar Energy Systems shall not exceed twenty (20) feet in height unless a variance is approved by the Planning Board pursuant to the standards set forth in Section 3.1 of the Site Plan Review Law or any successor provisions. (a) Standard met, Maximum Height less than 10 feet 2) Setbacks. Any Solar Energy Equipment and any related fencing or other enclosures of a Large-Scale Solar Energy System shall be setback at least thirty (30) feet from the side and back lines of the property owner’s lot and at least one hundred twenty five (125) feet from the centerline of any road bordering on such lot. In the event the property has no road frontage or is a flag lot, the setback shall be at least thirty (30) feet from all sides of the lot. (a) Site currently 3 separate tax parcels which will be consolidated into a single lot and then subdivided to provide separate interior parcels for each of the 4 separate arrays. All parcels will remain in the applicants ownership. (b) Minimum Setbacks to the exterior property lines and the road are met. 3) Lot Size. Large-Scale Energy Systems shall be located on lots with a minimum lot size of 5 acres. (a) Total acreage of property (3 existing Parcels) 252.5 acres 4) Lot Coverage. The enclosed or fenced in area of a Large-Scale Solar Energy System shall not exceed 60% of the lot on which it is installed. (a) Project area 93 Acres (b) Minimum lot size for 60% coverage is 155 Acres (c) If separate lots required for each of the Arrays 62 Acres around project must remain open 5) Storage Batteries. When storage Batteries are included as a part of the Solar Energy System, they must be placed in a secure container or enclosure when in use. Storage Batteries no longer in use must be disposed of in a timely manner in accordance with the laws and regulations of the Town of Enfield, Tompkins County, New York State, and all other applicable laws and regulations. (a) Battery storage not proposed 6) Fencing. All Large-Scale Solar Energy Systems shall be enclosed by fencing to prevent unauthorized access. Warning signs with the emergency contact information shall be placed on the entrance and perimeter of the fencing as required in the judgment of the Planning Board. The type of fencing shall be approved by the Planning Board and shall be a maximum of 8 feet and a minimum of 6 feet in height. (a) Condition Met 7) Screening. The Planning Board may require screening by landscaping to avoid adverse aesthetic impacts. (a) Existing Hedgerow will screen southern array from Applegate Road (b) Does board want additional screening? 8) Utility Connections. To the extent reasonably practicable, all utility connections for any Large-Scale Solar Energy Systems shall be placed underground, depending upon the appropriate soil conditions, shape and topography of the site and any requirements of the utility provider. Electrical transformers for utility connections may be above ground if required by the utility provider. (a) Onsite electric is underground to POC which NYSEG requires to be OH 9) Lighting. The Planning Board may permit motion-activated or staff-activated security lighting around the equipment of a Large-Scale Solar Energy System or accessory structure. Such lighting should only be activated when the area within the fenced perimeter has been entered. Lighting shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties. (a) No lighting is proposed 10) Liability Insurance during Construction. The developer of a Large- Scale Solar Energy System shall provide proof of liability insurance with a minimum coverage requirement of $1 million per occurrence and a $2 million aggregate coverage, that names the Town of Enfield as an additional named insured party, during the construction period of the project. (a) Will be provided for Building Permit 11) Liability Insurance during Operation. The owner and/or operator of a Large- Scale Solar Energy System shall provide annual proof of liability insurance with a minimum coverage requirement of $1 million per occurrence and a $2 million aggregate coverage, that names the Town of Enfield as an additional named insured party, during the operational period of the project. (a) Condition of approval before Operating Permit 12) Site Plan Review. Notwithstanding anything to the contrary in the Site Plan Review Law, any application under this Section shall meet any substantive provisions contained in site plan requirements of the Site Plan Review Law that, in the judgment of the Planning Board are applicable to the system being proposed. In addition, notwithstanding anything to the contrary in the Site Plan Review Law, the Planning Board may approve waivers pursuant to the standards set forth in Section 3.1 of the Site Plan Review Law or any successor provisions. 13) SEQRA. Permit applications shall be deemed unlisted action under SEQRA. In fulfilling the requirements of the SEQRA, the Planning Board may require a Full Environmental Assessment Form for the proposed Large-Scale Solar Energy System. 14) Notifications. Notwithstanding anything to the contrary in the Site Plan Review Law or SEQRA, any notifications required pursuant to the Site Plan Review Law or SEQRA with respect to any Solar Energy System shall be sent to all landowners within one (1) mile of the boundary of the parcel on which the proposed site is located. 15) Qualified Solar Installer. The project must be installed by a Qualified Solar Installer. 16) Every Solar Energy System shall be built, operated and maintained to acceptable Industry standards, including but not limited to the most recent, applicable standards of the Institute of Electric and Electronic Engineers (“IEEE”) and the American National Standards Institute (“ANSI”). 17) In order to verify that the Solar Energy System’s owners and any and all lessees, renters and/or operators of the Solar Energy System place, construct, modify and maintain such Systems, including solar collectors and solar inverters, in accordance with all applicable technical, safety, fire, building codes, laws, ordinances and regulations and other applicable requirements, the Town may inspect all facets of said System’s placement, construction, modification and maintenance. Any inspections required by the Planning Board that are beyond its scope or ability shall be at the expense of the applicant and/or the operator of the System. 18) Other. The Planning Board may impose conditions on its approval of any Solar Permit under this Section in order to enforce the standards referred to in th is Section or in order to discharge its obligations under SEQRA. C. Large-Scale Solar Energy Systems shall not be located in the following areas unless otherwise approved by the Planning Board in conjunction with the Solar Permit approval process provided in this section: 1) Prime farmlands soils as identified by the USDA-NRCS or alternative available resources; 2) Areas of potential environmental sensitivity, including Unique Natural Areas as designated by the Tompkins County Environmental Management Council, flood plains, historic sites, airports, state-owned lands, conservation easements, trails, parkland, prime soils, and wetlands as identified by Tompkins County, the New York State Department of Environmental Conservation or the United States Army Corps of Engineers; and 3) On slopes of greater than fifteen percent (15%), unless the applicant can demonstrate through engineering studies and to the satisfaction of the Planning Board that the proposed development will cause no adverse environmental impact that will not be satisfactorily mitigated. D. The Planning Board, at the expense of the applicant, may employ its own consultant(s) to examine the application and related documentation and make recommendations as to whether the criteria for granting the Solar Permit has been met, including, but not limited to, whether the applicant’s conclusions regarding safety analysis, visual analysis, structural inspection, and storm water management aspects are valid and supported by generally accepted and reliable engineering and technical data and standards. 2. Abandonment and Decommissioning A. Applicability and purpose. This section governing abandonment and decommissioning shall apply to Large-Scale Solar Energy Systems. It is the purpose of this section to provide for the safety, health, protection and general welfare of persons and property in the Town of Enfield, by the Town requiring abandoned Large-Scale Solar Energy Systems to be removed pursuant to a decommissioning plan. The anticipated useful life of such systems, as well as the volatility of the recently emerging solar industry where multiple solar companies have filed for bankruptcy, closed or been acquired creates an environment for systems to be abandoned, thereby creating a negative visual impact on the Town. Abandoned commercial systems may become unsafe by reason of their energy-producing capabilities, serve as an attractive nuisance and/or may create an environmental hazard. B. Abandonment. A Large-Scale Solar Energy System shall be deemed abandoned if the system fails to generate and transmit electricity over a continuous period of one year at a rate of at least 25% of its projected production based on the application approved by the Planning Board for the project. A Large-Scale Solar Energy System also shall be deemed abandoned if following site plan approval construction of the system is not completed within 18 months of issuance of the first building permit for the project. 10 1) Extension of time. The time at which a Large-Scale Solar Energy System shall be deemed abandoned may be extended by the Planning Board for an additional period of up to one year, provided the system owner presents to the Planning Board a viable plan, reasonably acceptable to the Planning Board, outlining the steps and schedules for placing the system in service or back in service within the time period of the extension. An application for an extension of time shall be made to the Planning Board by the Large-Scale Solar Energy System owner and/or operator prior to abandonment as defined herein. Extenuating circumstances as to why the Large-Scale Solar Energy System has not been operating or why construction has not been completed may be considered by the Planning Board in determining whether to grant an extension. C. Removal required. A Large-Scale Solar Energy System which has been abandoned shall be decommissioned and removed. The Large-Scale Solar Energy System owner and/or owner of the land upon which the system is located shall be held responsible to physically remove all components of the system within one year of abandonment. Removal of the Large-Scale Solar Energy System shall be in accordance with a decommissioning plan approved by the Planning Board. D. Decommissioning and Removal. 1) Decommissioning and removal of a Large-Scale Solar Energy System shall consist of: (a) Physical removal of all above ground and below ground equipment, structures and foundations, including but not limited to all solar arrays, buildings, security barriers, fences, electric transmission lines and components, roadways and other physical improvements to the site related to the Large-Scale Solar Energy System; (b) Disposal of all solid and hazardous waste in accordance with local, state and federal waste disposal regulations; (c) Restoration of the ground surface and soil; (d) Stabilization and revegetation of the site with native seed mixes and/or plant species (excluding invasive species) to minimize erosion. 2) Upon petition to the Planning Board, the Planning Board shall permit the system owner and/or landowner to leave certain underground or above ground improvements in place, provided the owner can show that such improvements are part of a plan to redevelop the site, are not detrimental to such 11 redevelopment, and do not adversely affect community character or the environment. E. Solar Permit conditions. The following conditions shall apply to all Solar Permits issued for a Large-Scale Solar Energy System. No Solar Permit shall be issued unless the Planning Board finds that the conditions have been or will be met. 1) Decommissioning plan. All applications for a Large-Scale Solar Energy System shall be accompanied by a decommissioning plan to be implemented upon abandonment and/or in conjunction with removal of the system. The decommissioning plan shall address those items listed in the above section and include: (a) An estimate of the anticipated operational life of the system; (b) Identification of the party responsible for decommissioning; (c) Description of any agreement with the landowner regarding decommissioning; (d) A schedule showing the time frame over which decommissioning will occur and for completion of site restoration work; (e) A certified and sealed cost estimate prepared by a qualified structural engineer or professional engineer, who shall be reasonably acceptable to the Planning Board, estimating the full cost of decommissioning and removal of the solar PV system, including, but not limited to, the cost of solid waste disposal and the cost to clean-up any hazardous waste leakage on the property. No scrap value shall be taken into account for purposes of estimating these decommissioning and removal costs. The Planning Board shall have the sole discretion to require a structural engineer or a professional engineer and regardless of which type of engineer is chosen, such engineer shall be licensed by the State of New York. The Planning Board shall have the right, in its sole discretion, to have this estimate reviewed by an independent structural engineer at the system owner’s and/or operator’s expense; (f) A financial plan to ensure that financial resources will be available to fully decommission the site. 1) Financial surety. Prior to the issuance of a building permit and every two years thereafter, the Large-Scale Solar Energy System owner and/or operator shall file with the Town evidence of financial security to provide for one hundred twenty five percent (125%) of the full cost of decommissioning and removal of 12 the solar PV system, which amount shall automatically be increased by two percent (2%) the following year. Evidence of financial security shall be in effect throughout the life of the system and shall be, in the sole discretion of the Town Board, either in the form of an irrevocable letter of credit or cash security acceptable to the Town Board. The irrevocable letter of credit shall include an auto extension provision if possible, to be issued by an A-rated institution solely for the benefit of the Town and for the benefit of the landowner if the land is leased to the operator of the system. Any letter of credit shall provide that issuer shall notify the Town in the event such letter of credit is canceled or otherwise terminated which notice shall be made no later than seven (7) business days after such event. The Town shall be entitled to draw on the letter of credit in the event that the Large-Scale Solar Energy System owner and/or landowner is unable or unwilling to commence decommissioning activities within the time periods specified herein. In the event a demand for decommissioning is made by the Town to a landowner that leases his or her property to the operator of the system, such landowner may also be entitled to draw on such letter of credit if the owner and/or operator of such system is unable or unwilling to commence decommissioning activities within the time periods specified herein. No other parties, including the owner and/or operator shall have the ability to demand payment under the letter of credit. Upon completion of decommissioning, the owner and/or landowner may petition the Town to terminate the letter of credit. In the event ownership of the system is transferred to another party, the new owner (transferee) shall file evidence of financial security with the Town at the time of transfer, and every two years thereafter, as provided herein. Failure to keep a surety in place as required by this law shall result in the revocation of the Solar Permit and the termination of the project unless and until such surety is restored; provided, however, that any lapse of a surety in excess of 180 days shall be deemed an abandonment of the project pursuant to Section 7.F. herein and subject to complete decommissioning in accordance with this law. 2) Amount. The amount of the surety shall be determined by the Town Board based upon a current estimate of decommissioning and removal costs as provided in the decommissioning plan and subsequent bi-annual reports required pursuant to paragraph 3 below. For purposes of this determination, any subsequent bi-annual decommissioning report shall be required to meet the same requirements set forth in Section 7.E.1.e. as the original decommissioning cost estimate. The amount of the surety shall be adjusted by the Town Board as appropriate upon receipt of a bi-annual report containing an updated cost estimate for decommissioning and removal. 3) Annual report. The Large-Scale Solar Energy System owner and/or operator shall on a yearly basis provide the Town Clerk a report showing the rated capacity of the system and the amount of electricity that was generated by the system and transmitted to the grid over the most recent twelve-month period compared to the amount of energy that was projected to be generated in the application approved by the Planning Board. The Town Clerk shall forward such report to the Town Board, the Planning Board and the Code Enforcement 13 Officer within five (5) business days of receipt of the report. The report shall also identify any change in ownership of the Solar Energy System and/or the land upon which the system is located and shall identify any change in the party responsible for decommissioning and removal of the system upon its abandonment. The annual report shall be submitted no later than 45 calendar days after the end of the calendar year. Every second year, to coincide with the filing of evidence of financial security, such report shall also include a recalculation of the estimated full cost of decommissioning and removal of the Large-Scale Solar Energy System in accordance with the provisions of this Section 7. The Town shall require an adjustment, as appropriate, in the amount of the surety to reflect any changes in the estimated cost of decommissioning and removal. Failure to submit a report as required herein shall be considered a violation of Section 7 of this Solar Energy Law.