General requirements.
A building permit shall be required for installation of all solar energy systems.
Permitting requirements for Tier 1 solar energy systems.
Tier 1 solar energy systems shall be permitted in all zoning districts and shall be exempt from site plan review subject to the following conditions:
A. Roof-mounted solar energy systems:
(1) Roof-mounted solar energy systems shall incorporate the following design requirements:
(a) Solar panels on pitched roofs shall be mounted with a maximum distance of eight inches between the roof surface the highest edge of the system.
(b) Solar panels on pitched roofs shall be installed parallel to the roof surface on which they are mounted or attached.
(c) Solar panels on pitched roofs shall not extend higher than the highest point of the roof surface on which they are mounted or attached.
(d) Solar panels on flat roofs shall not extend above the top of the surrounding parapet, or more than 24 inches above the flat surface of the roof, whichever is higher.
(2) Glare. All solar panels shall have anti-reflective coating(s).
(3) Height. All roof-mounted solar energy systems shall be subject to the maximum height regulations specified for principal and accessory buildings within the underlying zoning district.
B. Building-integrated solar energy systems shall be shown on the plans submitted for the building permit application for the building containing the system.
Permitting requirements for Tier 2 solar energy systems.
Tier 2 solar energy systems shall be permitted in all zoning districts, except within the boundaries defined as protected in Figure-17 of the Town of Chili Agricultural and Farmland Protection Plan, as accessory structures and shall be exempt from site plan review subject to the following conditions:
A. Glare. All solar panels shall have anti-reflective coating(s).
B. Setbacks. Tier 2 solar energy systems shall be subject to the setback regulations specified for the accessory structures within the underlying zoning district. All ground-mounted solar energy systems shall only be installed in the side or rear yards in residential districts.
C. Height. Tier 2 solar energy systems shall be subject to the height limitations specified for accessory structures within the underlying zoning district.
D. Screening and visibility.
(1) Tier 2 solar energy systems shall have views minimized from adjacent properties to the extent reasonably practicable.
(2) Solar energy equipment shall be located in a manner to reasonably avoid and/or minimize blockage of views from surrounding properties and shading of property to the north, while still providing adequate solar access.
E. Lot size. Tier 2 solar energy systems shall comply with the existing size restrictions applicable specified for accessory structures within the underlying zoning district.
Permitting requirements for Tier 3 solar energy systems.
Tier 3 solar energy systems shall only be permitted as a special permitted use in the following districts: General Industrial (GI), Limited Industrial (LI) and Agricultural Conservation (AC); and may be located within said districts except upon those soils identified as protected and as shown on the "Active Farmland Protection Area and Town Zoning Map," a part of the current Town of Chili Agriculture and Farmland Protection Plan. Tier 3 solar energy systems are permitted only after the issuance of a special use permit and site plan approval as set forth in
Article IV: Special Permit Uses, and
Article V: Site Plan Approval, respectively, of this chapter.
The Planning Board special use permit criteria.
A. The Planning Board of the Town of Chili is hereby authorized to review and approve, approve with modifications, or disapprove special use permits and site plans for solar energy systems consistent with the provisions of Town Law § 274-a and § 274-b; and the criteria contained in
§ 500-98: Planning Board established; powers of this chapter.
B. Underground requirements.
All on-site utility lines shall be placed underground to the extent feasible and as permitted by the serving utility, with the exception of the main service connection at the utility company right-of-way and any new interconnection equipment, including without limitation any poles, with new easements and/or right-of-way.
C. Vehicular paths.
Vehicular paths within the site shall be designed to minimize the extent of impervious materials and soil compaction. Access roads are to be located along the edge of agricultural fields, in areas next to hedgerows and field boundaries and in the nonagricultural portions of the site to the maximum extent practicable. The width of any access roads is to be no wider than 20 feet so as to minimize the loss of agricultural soils and comply with the State of New York Fire Code. The vertical alignment of all access roads shall follow the existing topography and field contours when feasible in order to limit cut and fills to the maximum extent practicable. The surface of access roads that are constructed through agricultural fields are to be level with the adjacent field surface. All areas with topsoil that are to be used for vehicle and equipment traffic, parking, equipment laydown and storage areas are to be limited in size to the greatest extent practical and stripped prior to use. Access road alignment shall be established in such a way as to minimize removal of trees greater than six inches in diameter.
D. Drainage and erosion control.
All existing drainage and erosion control structures or features, such as diversions, ditches and tile lines, shall be protected to maintain the design and effectiveness of these structures or features. Repairs are required to any structure or feature disturbed during construction to as close to original condition as possible, unless such structures or features are to be eliminated based upon site plan approval by the Planning Board.
E. Agricultural soils protection measures.
Where an open trench is required for cable installation, topsoil stripping from the entire work area may be necessary. As a result, additional work space may be required as part of site plan approval. All topsoil stripped from work areas (parking areas, electric cable trenches, along access roads) is to be stockpiled separate from other excavated materials (rock and/or subsoil). A maximum of 50 feet of temporary workspace is to be provided along "open cut" electric cable trenches for proper topsoil segregation. All topsoil will be stockpiled immediately adjacent to the area where stripped/removed and shall be used for restoration on that particular site. No topsoil shall be removed from the site. The site plan shall clearly designate topsoil stockpile locations and all topsoil stockpiles shall be stabilized and protected in accordance with the most current edition of the New York State Standards and Specifications for Erosion and Sediment Control.
F. Electric connections.
Electric interconnect cables and transmission lines are to be buried in agricultural fields wherever practical. All buried electric cables in cropland, hayland and improved pasture shall have a minimum depth of 48 inches of cover.
G. County soil and water conservation district.
The Monroe County Soil and Water Conservation District is to be consulted whenever buried electric cables may alter the natural stratification of soil horizons and natural soil drainage patterns. In pasture areas, it is necessary to construct temporary or permanent fences around work areas to prevent livestock access, consistent with landowner agreements.
H. Excess concrete.
Excess concrete used in the construction of the site shall not be buried or left on site. Concrete trucks shall utilize a concrete truck washout as detailed in most current edition of the New York State Standards and Specifications for Erosion and Sediment Control.
I. Restoration requirements.
All agricultural areas temporarily disturbed by construction shall be restored to the current guidelines as promulgated by the New York State Department of Agriculture and Markets.
J. Signage.
(1) No signage or graphic content shall be displayed on the solar energy systems except the manufacturer's name, equipment specification information, safety information, and twenty-four-hour emergency contact information. Said information shall be depicted within an area no larger than eight square feet, solely at any point of access.
(2) As required by the National Electric Code (NEC), disconnect and other emergency shutoff information shall be clearly displayed on a light reflective surface. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.
K. Lighting.
Lighting of the solar energy systems shall be limited to that minimally required for safety and operational purposes and shall be reasonably shielded and downcast from abutting properties.
L. Tree-cutting.
Removal of existing trees larger than six inches in diameter shall be minimized and shall be further compliant with the provisions of
§ 500-61H(3) of this chapter.
M. Decommissioning.
(1) Solar energy systems shall be deemed abandoned if the system fails to generate and transmit electricity at a rate of more than 10% of its rated capacity over a continuous period of six months. A solar energy system which has been abandoned shall be decommissioned and removed. The system owner and/or owner of land upon which the system is located shall be held responsible to physically remove all components of the system within six months of abandonment. Removal of the system shall be in accordance with a decommissioning plan approved by the Planning Board at the time of site plan approval and as may have been further amended during the life of the system.
(2) A decommissioning plan (see Appendix 4) signed by the property owner and operator of the solar energy system shall be submitted, addressing the following:
(a) The cost of removing the solar energy system and restoration of the property to its original state.
(b) The time required to decommission and remove the solar energy system and any ancillary structures.
(c) The time required to repair any damage caused to the property by the installation and removal of the solar energy system and restoration of the property to its original state.
(3) Letter of credit.
(a) Prior to the issuance of a building permit and before filing of the maps, stripping of any ground cover, construction of any sort, site grading or any other site improvements and every three years thereafter, the commercial solar energy system owner and/or landowner shall file with the Town Clerk evidence of a letter of credit (LOC) necessary to provide for the full cost of decommissioning and removal of the solar energy system in the event the system is not removed by the system owner and/or landowner. Said LOC and any amendments or adjustments are to be reviewed by the Town Engineer and accepted by the Town Board. The amount of the LOC shall be 125% of the estimated cost of the decommissioning and removal of the Tier 3 solar energy system and restoration of the property as provided in the decommissioning plan and subsequent annual reports. The amount of the surety may be adjusted by the Town Board, upon receipt of a favorable recommendation from the Town Engineer after a review of the annual report. Any revised letter of credit is to be filed with the Town Clerk's Office.
(b) The LOC is to remain in effect throughout the life of the system and shall be in the form of an irrevocable LOC, contain an automatic extension provision and be issued by an A-rated institution solely for the benefit of the Town. The Town shall be entitled to draw upon the LOC in the event that the commercial solar energy system owner and/or landowner is unable or unwilling to commence decommissioning activities within the time periods specified herein. No other parties, including the owner and/or landowner shall have the ability to demand payment under the LOC. Upon completion of decommissioning, the owner and/or landowner may petition the Town Board to terminate the LOC.
(c) In the event ownership of the system, or property, is transferred to another party, and prior to the release by the Town Board of the LOC previously accepted, the new owner of the system, or property, shall provide to the Town Board a LOC, in compliance with the provisions of this chapter, for the decommissioning of the solar energy system and for the restoration of the land. Upon acceptance by the Town Board of the new LOC, the prior LOC may be released.
(d) In the event of default or abandonment of the solar energy system, the system shall be decommissioned as set forth herein.
(4) Site plan application.
For any solar energy system requiring a special use permit, site plan approval shall be required. In addition to the requirements of
Article V: Site Plan Approval of this chapter, any site plan application shall include the following information:
(a) Property lines and physical features, including roads, for the project site.
(b) Proposed changes to the landscape of the site, grading, vegetation clearing and planting, exterior lighting, and screening vegetation or structures.
(c) A one- or three-line electrical diagram detailing the solar energy system layout, solar collector installation, associated components, and electrical interconnection methods, with all National Electrical Code compliant disconnects and overcurrent devices.
(d) A preliminary equipment specification sheet that documents all proposed solar panels, significant components, mounting systems, and inverters that are to be installed. A final equipment specification sheet shall be submitted prior to the issuance of building permit.
(e) Name, address, and contact information of proposed or potential system installer and the owner and/or operator of the solar energy system. Such information of the final system installer shall be submitted prior to the issuance of a building permit.
(f) Name, address, phone number, and signature of the project applicant, as well as all the property owners, demonstrating their consent to the application and the use of the property for the solar energy system.
(g) Zoning district designation for the parcel(s) of land comprising the project site, and those parcels contiguous thereto.
(h) Property operation and maintenance plan. Such plan shall describe continuing photovoltaic maintenance and property maintenance, including but not limited to, mowing and trimming.
(i) Erosion and sediment control and stormwater management plans prepared to New York State Department of Environmental Conservation standards and in compliance with the provisions in
Chapter 433: Stormwater Management, of the Code of the Town of Chili.
(j) A licensed professional engineer's estimate of the anticipated operational life of the system.
(k) Identification of the party(ies) responsible for decommissioning.
(l) Copy of all agreements regarding decommissioning between the responsible party(ies) and the landowner.
(m) A schedule showing the time frame over which decommissioning will occur and for completion of site restoration work.
(n) A cost estimate prepared by a licensed professional engineer estimating the full cost of decommissioning and removal of the solar energy system.
(o) A financial plan to ensure that financial resources will be available to fully decommission the site.
(5) Reporting requirements.
The solar energy system owner shall, on a yearly basis, provide the Building Department a written 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. The report shall also identify any change of 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 actual report shall be submitted no later than 45 days after the end of the calendar year. Every third year, to coincide with the filing of evidence of the LOC, the annual report shall also include a recalculation of the estimated full cost of decommissioning and removal of the large scale solar energy system. The Town Engineer shall review the recalculation of the estimated full cost of decommissioning and removal of the large scale solar energy system and provide a recommendation to the Town Board in regards to the need for an adjustment to the LOC. The Town Board may require an adjustment in the amount of the LOC 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 subject to the penalties in
Article XII: Penalties of this chapter.
(6) Special use permit standards.
(a) Lot size. The following table displays the minimum lot size requirements for Tier 3 solar energy systems for those districts for which they are permitted.
| Zoning District |
Tier 3 Solar |
| Limited Industrial |
> 5 acres |
| General Industrial |
> 5 acres |
| Agricultural Conservation |
> 5 acres |
(b) Setbacks. The following table displays the minimum setback requirements for Tier 3 solar energy systems for those districts for which they are permitted.
Tier 3 Ground-Mounted
| Zoning District |
Front (feet) |
Side (feet) |
Rear (feet) |
| Limited Industrial |
75 |
40 |
80 |
| General Industrial |
75 |
40 |
80 |
| Agricultural Conservation |
100 |
50 |
80 |
(c) Height. The following table displays the maximum height for Tier 3 solar energy systems for those districts for which they are permitted.
Tier 3 Ground-Mounted
| Zoning District |
Height (feet) |
| Limited Industrial |
15
|
| General Industrial |
15 |
| Agricultural Conservation |
15 |
(d) Lot coverage:
[1] The following components of a Tier 3 solar energy system shall be considered included in the calculations for lot coverage requirements:
[a] Foundation systems, typically consisting of driven piles or monopoles or helical screws with or without small concrete collars.
[b] All mechanical equipment of the solar energy system, including any pad-mounted structure for batteries, switchboard, transformers, or storage cells.
[c] Solar panels.
[d] Paved access roads servicing the solar energy system.
(e) Lot coverage, exclusive of setback requirements, of the solar energy system, as defined above, shall not exceed the maximum lot coverage requirement of the underlying zoning district, except in the Agricultural Conservation District, where the maximum lot coverage will be limited to 50% of the parcel.
(f) Fencing requirements. Notwithstanding any other provisions of this chapter, all mechanical equipment, including any structure used for solar system storage batteries, shall be enclosed by a seven-foot-high fence, in compliance with the provisions of the National Electric Code (NEC), with a self-locking gate to prevent unauthorized access.
(g) Screening and visibility.
[1] Applications for solar energy systems shall be required to:
[a] Provide an assessment of the visual impacts of the solar energy system upon public roadways and adjacent properties. At a minimum, a line-of-sight profile analysis shall be provided. Depending upon the scope and potential significance of the visual impacts, additional impact analyses, including, for example, a digital viewshed report, may be required by the Planning Board to be submitted by the applicant.
[b] Submit a screening and landscaping plan to show adequate measures to screen through landscaping, grading, or other means so that views of solar panels and solar energy equipment shall be minimized as reasonably practical from public roadways and adjacent properties.
[c] The screening and landscaping plan shall specify the locations, elevations, height, plant species, and/or materials that will comprise the structures, landscaping, and/or grading used to screen and/or mitigate any adverse aesthetic effects of the system.
(h) Special provisions for agricultural resource protection.
[1] Tier 3 solar energy systems are prohibited from lands identified as "protected" in Figure 17 of the most recent edition of the Town of Chili Agricultural and Farmland Protection Plan.
[2] Any Tier 3 solar energy system located on the areas that consist of prime farmland or farmland of statewide importance (Class 1 through Class 4 soils) shall not exceed 50% coverage of the entire lot. Where Class 1 through Class 4 exist, the applicant shall prepare a soils classification map, reviewed by and accepted by the Monroe County Soil and Water Conservation District and the Town Assessor. The proposed Tier 3 solar energy system shall avoid being placed upon the site's Class 1 through Class 4 soils.
[3] Permitted Tier 3 solar energy systems shall be required to seed 20% of the total surface area of all solar panels on the lot with native perennial vegetation designed to attract pollinators.
[4] Tier 3 solar energy systems located on prime farmland shall be constructed in accordance with the construction requirements of the New York State Department of Agriculture and Markets.
[5] Tier 3 solar energy system owners shall develop, implement, and maintain native vegetation pursuant to a vegetation management plan by providing native perennial vegetation and foraging habitat beneficial to game birds, songbirds, and pollinators.
