§ 85-813. Solar energy production facilities.

A. 

Permitted locations.

(1) 

A solar energy production facility may be permitted as a principal use or accessory use in any L Industrial 1, L Industrial 2, J Business 2, J Business 5 and J Business 4 District when authorized by special permit from the Planning Board subject to the requirements of § 85-813B and § 85-107 of this chapter. Nothing herein shall supersede or limit any other code section contained within this chapter that may pertain to solar energy production facilities. No solar energy production facility shall be located in the areas listed in Subsection A(2) below unless a special permit is granted by the Town Board. Said uses shall be subject to the criteria as set forth in Article VI, § 85-68.

(2) 

Areas of potential sensitivity:

(a) 

One-hundred-year flood hazard zones considered a V or AE Zone on the FEMA Flood Maps.

(b) 

Historic and/or culturally significant resources, in an historic district, or historic district transition zone.

(c) 

Within 100 feet landward of a tidal or freshwater wetlands.

(d) 

Adjacent to, or within, the control zone of any airport, subject to approval by the Federal Aviation Administration.

(e) 

Within the Manorville Farm Protection Area or Eastport Farm Protection Area.

B. 

Special permit criteria. A solar energy production facility as a principal use shall comply with all the special permit requirements herein, including but not limited to the following:

(1) 

Minimum lot area. The minimum lot area for a solar energy production facility shall be five acres.

(2) 

Height restrictions. The maximum height for freestanding solar panels located on the ground or attached to a framework located on the ground shall not exceed 20 feet in height above the ground.

(3) 

Buffer and setback restrictions.

(a) 

A minimum twenty-five-foot perimeter buffer, consisting of natural and undisturbed vegetation, supplemented with evergreen plantings in accordance with Town standards, as needed, shall be provided around all mechanical equipment and solar panel arrays to provide screening from adjacent residential properties and Town, county and state roads.

(b) 

A minimum setback for a solar energy production facility and equipment used in conjunction with the solar energy production facility shall be located at least 100 feet from any residential dwelling or zone.

(4) 

Design standards.

[Amended 5-24-2018 by L.L. No. 10-2018, effective 5-29-2018]

(a) 

Solar energy production facilities shall be permitted only on those lands previously cleared and/or disturbed on or before January 1, 2016. No additional clearing shall be permitted except as provided in Subsection B(4)(b) below.

(b) 

The removal of shrubs, underbrush and trees under three inches in diameter shall be permitted and shall not be deemed clearing.

(c) 

To reduce erosion, runoff of stormwater, and to provide suitable habitat to native reptiles, amphibians, small mammals, birds, and insects, including those that play an important role in pollination, ground cover under, between, and adjacent to the rows of solar panels shall be required and shall consist of low-maintenance, native, non-fertilizer-dependent grasses and wildflowers.

(d) 

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.

(e) 

All on-site utility and transmission lines shall, to the extent feasible, be placed underground.

(f) 

All solar energy production facilities shall be designed and located in order to prevent reflective glare toward any inhabited buildings on adjacent properties as well as adjacent street rights-of-way.

(g) 

All mechanical equipment of a principal solar energy production facility, including any structure for batteries or storage cells, shall be completely enclosed by a minimum eight-foot-high anchored mini-mesh chain-link fence with two-foot tip out and a self-locking gate. Said fence shall contain five-inch-high by sixteen-inch-wide grade-level cutouts every 75 feet to permit small animals to move freely into and out of the site. Landscape screening shall be provided in accordance with the landscaping provisions of this chapter.

(h) 

A solar energy production facility connected to the utility grid shall provide a "proof of concept letter" from the local utility company acknowledging the solar energy production facility will be interconnected to the utility grid in order to sell electricity to the public utility entity.

(i) 

All debris and materials generated by site construction shall be removed from the site.

(j) 

All lighting shall conform to the Town's exterior lighting standards.

(k) 

Fire access roads and access for fire apparatus equipment shall be provided, as approved by the Town Fire Marshal.

(l) 

All stormwater and drainage shall be contained on site in accordance with the Town's Green Landscaping and Design Standards.

(m) 

Soil or material removal shall be in accordance with Town Code Chapter 53, Sand and Gravel Pits; Excavation; Removal of Topsoil.

(n) 

Grading shall be in accordance with Town Code Chapter 35, Grading.

(5) 

Signs. A sign not to exceed 2.25 square feet shall be attached to a fence adjacent to the main access gate and shall list the facility name, owner and phone number. A clearly visible warning sign concerning voltage must be placed at the base of all pad-mounted transformers and substations.

C. 

Solar energy collection systems. A solar collection system may be permitted as an accessory use in all commercial, J Business, J Business 2, J Business 4, J Business 5, J Business 6, L Industrial 1, L Industrial 2, MF, PRC, PRCHC and NH-H Districts. All applications shall be subject to § 85-113M and shall comply with all the requirements. The following may be permitted:

(1) 

One or more roof-, wall- and/or ground-mounted solar collector devices and solar-related equipment.

(2) 

Solar carports over existing and proposed parking facilities. For the purposes of this section, solar carports shall not be considered a structure as defined by the Town Code.

D. 

Incentives. The Planning Board is authorized to grant the following incentives, provided that the applicant can demonstrate compliance with the following:

(1) 

FAR incentive. Solar collection systems as an accessory use in commercial and industrial zones may increase the maximum permitted FAR by 20% by the Planning Board. The applicant shall demonstrate that the increase in welfare, comfort, convenience or order of the use of the property, adjacent properties or the Town will not be adversely affected.

(2) 

Required parking reduction incentive. Solar collection system as an accessory use in commercial and industrial zones may reduce minimum required off- and on-street parking requirements by a maximum of 20%, provided that the applicant can demonstrate that adequate and safe parking will still be provided and that the site is a minimum of three acres.

E. 

Abandonment. All applications for a solar energy production facility shall be accompanied by a decommissioning plan to be implemented upon abandonment, or cessation of activity, or in conjunction with removal of the solar energy production facility or structure. Prior to issuance of a building permit, the owner or operator of the facility or structure shall post a performance bond or other suitable guarantee in a face amount of not less than 150% of the estimated cost to ensure removal of the facility or structure in accordance with the decommissioning plan described below. The form of the guarantee must be reviewed and approved by the Town Attorney, and the guarantee must remain in effect until the system is removed. Prior to removal of a solar energy production facility or structure, a demolition permit for removal activities shall be obtained from the Town of Brookhaven.

(1) 

If the applicant ceases operation of the solar energy production facility or structure for a period of 12 months, or begins but does not complete construction of the project within 12 months after receiving final site plan approval, the applicant will submit a decommissioning plan that ensures that the site will be restored to a useful, nonhazardous condition without delay, including but not limited to the following:

(a) 

Removal of aboveground and belowground 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.

(d) 

The plan shall include a timeframe for the completion of site restoration work.

(2) 

In the event that construction of the solar energy production facility or structure has been started but is not completed and functioning within 18 months of the issuance of the final site plan, 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.

(3) 

Upon cessation of activity of a fully constructed solar energy production facility or structure 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.

(4) 

If the owner and/or operator fails to fully implement the decommissioning plan within the one-hundred-eighty-day time period and restore the site as required, the Town may, at its own expense, provide for the restoration of the site in accordance with the decommissioning plan and may, in accordance with the law, recover all expenses incurred for such activities from the defaulted owner and/or operator. The cost incurred by the Town shall be assessed against the property, shall become a lien and tax upon said property, shall be added to and become a part of the taxes to be levied and assessed thereon, and enforced and collected with interest by the same officer and in the same manner as other taxes.

F. 

Conflicts. In the event a conflict exists between the provisions herein and any other section of this chapter, the provisions of this section prevail.

Amended 8-6-2015 by L.L. No. 15-2015, effective 8-11-2015; 6-30-2016 by L.L. No. 15-2016, effective 7-13-2016; 10-27-2016 by L.L. No. 23-2016, effective 11-7-2016