Large-scale solar energy systems shall comply with the following additional requirements:
A. Large-scale solar energy systems shall be located on an active farm.
B. Site plan review. Large-scale solar energy systems shall require site plan review and approval. In addition to the standard requirements for site plan review, large-scale solar energy systems shall also be required to comply with the additional site plan requirements set forth above for medium-scale solar energy systems.
C. Decommissioning. The submission of a decommissioning plan and associated bond/escrow account is required.
(1) Compliance with this plan shall be a condition of the special use permit.
(2) The decommissioning plan must be submitted to and accepted by the Town prior to the issuance of the special use permit.
(3) The associated duly posted bond or escrow account as set forth below must be accepted by the Town prior to issuance of any associated building permit.
(4) The decommissioning plan must specify that after the solar energy system can no longer be used, it shall be removed by the applicant or any subsequent owner.
(5) The plan shall demonstrate how the removal of all infrastructure and the remediation of soil and vegetation shall be conducted to return the parcel to its original state prior to construction, including, where applicable, made suitable for agricultural use as existed prior to construction.
(6) The plan shall also include an expected timeline for execution.
(7) A cost estimate detailing the projected cost of executing the decommissioning plan shall be prepared by a professional engineer or contractor, and a bond or escrow account shall be posted with the Town for the amount of removal. Cost estimations shall take into account inflation and shall have a term consistent with the life of the solar energy system.
(8) Removal of solar energy systems must be completed in accordance with the decommissioning plan.
(9) If the solar energy system is not decommissioned within 90 days after being considered abandoned, the municipality may remove the system and restore the property, using the bond proceeds to do so, and impose a lien on the property to cover these costs to the municipality in excess of the bond proceeds.
(10) A decommissioning plan shall additionally provide for, but not be limited to:
(a) Removal of all aboveground and below-ground equipment, structures, and foundations.
(b) Restoration of the surface grade, effective drainage, and soils after removal of equipment.
(c) Revegetation of restored soil areas with native perennial vegetation seed mixes, excluding any invasive plant species.
(1) A large-scale solar energy system shall be located on a farm.
(2) Agricultural operations on the farm must continue at a level sufficient to be considered an active (i.e., "working") farm or active farm operation as defined in New York State Agriculture and Markets Law § 301(11). Failure to do so subjects the owner/operator to significant penalties for every day the solar array is operational when the agricultural operations are not.
(3) The total acreage comprising the solar energy system may not exceed more than 25% of the farm acreage, nor be more than 25 acres in area. If a farm residence is present, a minimum of one acre shall be set aside as residential and thus subtracted from the total eligible acreage.
(4) A notice of intent (NOI) must be filed with the New York State Department of Agriculture and Markets (NYSDAM). The NOI process must be completed and approved by NYSDAM prior to site plan approval.
(5) The proposal shall comply with NYSDAM "Guidelines for Solar Energy Projects - Construction Mitigation for Agricultural Lands."
(6) The total area of disturbance shall avoid the farm's best agricultural soils and/or farming areas to the greatest extent practicable, including avoiding all prime soils to the greatest extent practicable. Disturbed area includes, but is not limited to, solar arrays, access roads, operation and maintenance buildings, utility tie-ins, substations and rights-of-way.
(7) The solar arrays and associated structures shall have sufficient setbacks from any public roads and adjacent non-owner properties or public sites to avoid creation of an adverse visual or other environmental impact to or from adjacent properties.
(8) All access roads and vehicular pathways within the solar energy system footprint shall be constructed to minimize the extent of impervious materials and soil compaction. Access roads and pathways should follow the perimeter of fields when practicable to reduce the clearing of mature trees and vegetation. Access roads shall be maintained for emergency services.
(9) The solar panels shall be installed by a qualified solar installer by being augered into the ground or pole driven and safely secured while creating minimal impact on the soils.
(10) Minimum setbacks shall be 100 feet from a public road, 50 feet from side and rear yard lot lines, and 150 feet from any residences.
(11) The solar panels shall have a maximum height of 20 feet when the system is oriented at its maximum tilt.
(12) The solar panels shall be installed at a height above ground that is sufficient to allow wildlife to pass underneath. The solar panels must have sufficient clearance off the ground of at least 32 inches and be spaced such that enough sunlight reaches the ground to support the growth of grasses, wildflowers, pollinators, or other plant life that will help enrich the underlying soil.
(13) Plantings shall include a nitrogen fixing legume such as ladino clover or other native perennial vegetation used as cover crops and/or pollinators and replanted as necessary under the solar panels. The Monroe County Soil and Water Conservation District may have additional suggestions.
(14) A landscape plan must be submitted for approval. The plan must factor in site-specific conditions, including topography, adjacent structures, and roadways, and, to the greatest extent practicable, shall minimize visual impacts by preserving natural vegetation, creating berms, and providing landscape screening to abutting properties, roads, public lands and properties, such as, but not limited to, parks and trails, and environmentally sensitive resources. A visual assessment of the effects of the project on visual character and scenic resources may be required.
(15) Solar energy systems shall be designed to minimize reflective glare toward roads and any inhabited building on adjacent properties.
(16) Equipment specification sheets shall be provided for all photovoltaic panels, significant components, major mounting systems, and inverters that are to be installed.
(17) Maintenance and operation. The submission of a property operation and maintenance plan shall be required. Such plan shall describe continuing maintenance of the solar energy system as well as property upkeep, including mowing, trimming, replacement of plantings, debris removal, replacement of surface materials for access, and inspection protocols of drainage systems and other site infrastructure.
(18) Any damaged or defective panels shall be replaced or removed within 90 days of discovery to prevent leaching of materials into the soil.
(19) Sites must be available for inspections from Code Enforcement Officers and other involved government agencies or representatives of those agencies.
(20) Agricultural conservation easements and/or deed restrictions, in a form acceptable to the Town, shall restrict nonagricultural activities on 75% of the total eligible farm acreage and shall be filed and recorded with the Monroe County Clerk's Office prior to the issuance of a building permit.
(21) The solar arrays and associated electrical equipment shall be enclosed by security fencing to prevent unauthorized access. All mechanical equipment, including any structure for storage batteries, shall be enclosed in a manner consistent with the National Electrical Code and the Town of Henrietta Director of Engineering and Planning. Warning signs with the owner's twenty-four-hour emergency contact information shall be placed on the entrance and perimeter of the fencing. The fencing may be required to be supplemented by landscaping or other screening methods needed to avoid adverse aesthetic impacts. All fencing must be approved as part of the site plan.
(22) Disconnect and other emergency shutoff information shall be clearly displayed on a light reflective surface as dictated by the National Electrical Code. A clearly visible warning sign concerning voltage shall be placed at the base of all pad-mounted transformers and substations.
(23) An insurance policy providing coverage for liability which may arise as a result of the solar energy system shall be required.
(24) Lease. If a lease is proposed in connection with the development and/or operation of the solar energy system, said lease and any other easements or agreement related thereto shall be submitted to the Town with the site plan and special use permit application.
(25) That portion of the farm occupied by the solar array system shall be separated out into its own parcel (thus forfeiting any agricultural exemptions).
(26) Once the solar array parcel has been separated out from the farm, the property owner will be required to obtain new agricultural soil quality maps for any parcel affected by the separation of the solar arrays.
(27) An agreement must be put in place between the property owner/operator and the Town prior to approval of the special use permit for the arrays. Included in the agreement will be the decommissioning plan and bond or escrow amount that shall be created sufficient to cover the cost of removing the entire array when it reaches the end of its life span or has become abandoned, the specified penalties for failure to maintain an agricultural operation, any negotiated PILOT agreement (see above), and any other pertinent details. No special use permit will be issued without an executed agreement.
(28) The Town Board may impose additional conditions on its approval of any special use permit under this section in order to enforce the standards referred to in this section.
E. Payment in lieu of taxes. So long as the Town of Henrietta has not acted to remove the real property tax exemption under § 487 of the New York Real Property Tax Law, the Town may require that a project involving a large-scale solar energy system enter into a payment in lieu of taxes agreement, all as permitted at § 487 of the New York Real Property Tax Law.
F. This article is not intended to nor shall it preempt New York State law as it relates to the regulation of certain large solar developments to be regulated by the New York State Board of Electric Generation Siting and the Environment, which, at the time of adopting this article, applies to solar energy systems generating at least 25 MW of energy.
